HomeMy WebLinkAboutReso - CC - 044-2007RESOLUTION NO. 44-2007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING SECOND AMENDMENT TO REVISED AGREEMENT BETWEEN THE
CITY OF .BURLINGAME AND THE COUNTY OF SAN MATEO FOR
ANIMAL CONTROL SERVICES
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the City has entered into an agreement with the County of San Mateo and
other cities in the County to have the County provide animal control services through the
Peninsula Humane Society;
WHEREAS, the County and the Humane Society wish to extend the agreement to June
30, 2011, in order to make it consistent with the land lease for the animal shelter at Coyote Point
between the County and the Humane Society; and
WHEREAS, it continues to be understood that the City of Burlingame does not currently
intend to require licenses of cats in the City,
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The City Manager is authorized and directed to execute the Second Amendment to the
Agreement between the City and the County for Animal Control Services as contained in Exhibit
A hereto.
2. The Clerk is directed to attest to the signature of the Manager.
MAOR
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was introduced at a regular meeting of the City Council held on the 21st day of
MaY , 2007, and was adopted thereafter by the following vote
AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
CITY CLERK
SECOND AMENDMENT TO AGREEMENT FOR ANIMAL. CONTROL
SERVICES BETWEEN THE CITIES OF ATHERTON, BELMONT, BRISBANE,
BURLINGAME, COLMA, DALY CITY, EAST PALO ALTO, FOSTER CITY,
HALF MOON BAY, HILLSBOROUGH, MENLO PARK, MILLBRAE,
PACIFICA, PORTOLA VALLEY, REDWOOD CITY, SAN BRUNO, SAN
CARLOS, SAN MATEO, SOUTH SAN FRANCISCO, WOODSIDE AND THE
COUNTY OF SAN MATEO
This second amendment to an agreement is made and entered into this day
of 2007, by and between the County of San Mateo, a political subdivision of
the State of California (hereinafter, "County"), and the cities of Atherton, Belmont,
Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay,
Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno,
San Carlos, San Mateo, South San Francisco, and Woodside a California municipal
corporation (hereinafter "City");
WITNESSETH
WHEREAS, on June 17, 2003, County and Peninsula Humane Society & SPCA
entered into an Agreement For Animal Control Services and Shelter Services (hereinafter
referred to as the "Agreement"); and
WHEREAS, County and City entered into an Agreement on or about July 1, 2003
for Animal Control Services (hereinafter, "City Agreement"); and
WHEREAS, County and City entered into an Amendment on or about December
14, 2004, extending the City Agreement to correspond with an extension of the
Agreement and PHS land lease through June 30, 2008 and amending the PHS payment
schedule; and
WHEREAS, County and PHS have entered into a Second Amendment, extending
the Agreement and PHS land lease through June 30, 2011 and amending the PHS
payment schedule; and
WHEREAS, City and County wish to amend the City Agreement as set forth
below to be consistent with the Second Amendment with PHS/SPCA attached hereto as
Exhibit A;
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES AS
FOLLOWS:
CITY'S RESPONSIBILITES. Section B, Subparagraph 4. Payments
previously deleted and replaced in its entirety in the First Amendment, is hereby further
deleted and the following shall be substituted in lieu thereof:
"4. Payments. City shall pay to the County prior to January 1" of each
fiscal year, and following the receipt of an invoice from County, the City's
percentage share of the net program cost of the Animal Control Program.
This net program cost shall be determined by the County and shall be
equal to the cost of the contract between the County and County
Contractor plus the cost of the County administering licensing collection
and Animal Control Services Program, minus any program revenue
received by County or County Contractor as described in Section D,
Paragraph 5. County and City's percentage share shall be based on
service costs. County will calculate a percentage breakdown annually,
based on service reports provided by County Contractor. Percentage
distribution for a given year will be based on an average of service costs
over the three calendar years prior to the year in question. Exhibit `B",
attached and incorporated by this reference herein, details percentage
distribution for FY 2003-04. Percentage distributions for 2007, 2008,
2009, 2010 and 2011 will be distributed by County to Cities by March 1st
of the given year.
Base costs to be paid to County Contractor by the County and Cities are as
follows:
Fiscal Year
Amount
2007-08
$5,076,951
2008-09
$4,750,000
2009-10
$4,987,500
2010-11
$5,236,875
2. GENERAL PROVISIONS Section D, Subparagraph 8. Term and
Effective Period previously deleted and replaced in its entirety in the First Amendment, is
hereby further deleted and the following shall be substituted in lieu thereof -
"8. Term and Effective Period. This amended Agreement shall be
effective the period from July 1, 2006 through June 30, 2011. All services
are subject to the terms and conditions of this Agreement."
3. GENERAL PROVISIONS Section D, Subparagraph 12. Hold
Harmless is hereby deleted and replaced in its entirety and the following shall be
substituted in lieu thereof:
"12. Hold Harmless. City shall hold harmless, indemnify and defend
County, its officers, employees and agents from and against any and all
claims, suits or actions of every kind brought for or on account of injuries
or death of any person or damage to any property of any kind whatsoever
and whomsoever belonging which arise out of the performance or
nonperformance of City's covenants and obligations under this Agreement
and which result from the actively negligent or wrongful acts of City or its
officers, employees, or agents.
County shall hold harmless, indemnify and defend City, its officers,
employees and agents from and against any and all claims, suits or actions
of any kind brought for or on account of injuries to or death of any person
or damage to any property of any kind and to whomsoever belonging
which arise out of the performance or non performance of County's
obligations under this Agreement and which result from the actively
negligent or wrongful acts of County, its officers or employees. This
provision requiring County to hold harmless, indemnify and defend City
shall expressly not apply to claims, losses, liabilities or damages arising
from actions or omissions, negligent or otherwise, of Peninsula Humane
Society, or any other independent contractor, or its officers, employees or
agents, under its contract with the County.
In the event of concurrent negligence of the County, its officer or
employees, and the City, its officers and employees, then the liability for
any and all claims for injuries or damages to persons and/or property or
any other loss or costs which arise out of the terms, conditions, covenants
or responsibilities of this agreement shall be reapportioned according to
the California theory of comparative negligence.
Finally, the parties acknowledge that with respect to activities performed
by PHS in the incorporated areas, the County serves solely as a Contract
Administrator and solely with respect to the specific obligations contained
within this Agreement and the agreement between the County and PHS.
Accordingly, in the event the County or the Cities are sued and the suit is
related in any manner to actions taken by PHS solely in a particular City
or Cities that are party to this agreement, those particular City or those
Cities will hold harmless, indemnify and defend the County, and any other
City that is a party to this agreement, that is named as a defendant in that
suit. In the event a City or Cities that are a party to this agreement are
sued and the suit relates in any manner to actions taken by PHS solely in
the unincorporated area the County, the County will hold harmless,
indemnify and defend the City or Cities named as a defendant in that suit.
4. County Contractor Responsibilities. Exhibit C ("Contractor
Responsibilities"), Section 11 ("Excluded Services") of the Services Agreement is
amended to add the following exclusion to the Services Agreement to render it consistent
with the parties' intent as of (and since) June 17, 2003:
• Enforcement of State law and regulations related to the prevention of cruelty to
Effectiveness of Amendment. Except as set forth in this Second
Amendment, all other provisions of the City Agreement and the First Amendment shall
remain unchanged and in full force and effect.
6. Date of Adoption. This Second Amendment shall be deemed to have been
adopted on the date this Second Amendment has been executed by the County and all of
the Cities.
Condition Precedent. This amendment will become effective only after
the County and PHS/SPCA negotiate and adopt an amendment to their June 17, 2003
Agreement that is consistent with this Second Amendment. In the event that the County
(acting in good faith) and PHS/SPCA are unable to negotiate and adopt an amendment to
their June 17, 2003 Agreement that is consistent with this Second Amendment, this
Second Amendment becomes void.
8. This Second Amendment may be executed in counterparts.
IN WITNESS WHEREOF, the parties have caused this Second Amendment to the
City/County Agreement for Animal Control Services to be executed by their duly
authorized representatives on the day and year fust written above.
Dated:
ATTEST:
Clerk of the Board
Dated:
ATTEST:
Town of Atherton, Clerk
Dated:
0400119
City of Belmont, Clerk
COUNTY OF SAN MATEO
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TOWN OF ATHERTON
Ln
CITY OF BELMONT
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Dated:
04r111 19
City of Brisbane, Clerk
Dated:
ATTEST:
City of Burlingame, Clerk
Dated:
ATTEST:
Town of Colma,_Clerk
Dated:
ATTEST:
City of Daly City, Clerk
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CITY OF BURLINGAME
By
TOWN OF COLMA
By
CITY OF DALY CITY
By
Dated:
ATTEST:
City of East Palo Alto, Clerk
Dated:
ATTEST:
City of Foster City, Clerk
Dated:
WNWIMIN
City of Half Moon Bay, Clerk
Dated:
ATTEST:
Town of Hillsborough, Clerk
CITY OF EAST PALO ALTO
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CITY OF FOSTER CITY
0
CITY OF HALF MOON BAY
L-A
TOWN OF HMLSBOROUGH
By
Dated:
ATTEST:
City of Menlo Park, Clerk
Dated:
ATTEST:
City of Millbrae, Clerk
Dated:
ATTEST:
City of Pacifica, Clerk
Dated:
rvw12619
Town of Portola Valley, Clerk
CITY OF MENLO PARK
CITY OF MILLBRAE
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CITY OF PACIFICA
TOWN OF PORTOLA VALLEY
Dated:
FA91261m
City of Redwood City, Clerk
Dated:
ATTEST:
City of San Bruno, Clerk
Dated:
ATTEST:
City of San Carlos, Clerk
Dated:
ATTEST:
City of San Mateo, Clerk
CITY OF REDWOOD CITY
0
CITY OF SAN BRUNO
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CITY OF SAN CARLOS
Lim
CITY OF SAN MATEO
1.75
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Dated:
ATTEST:
City of South San Francisco, Clerk
Dated:
ATTEST:
Town of Woodside, Clerk
CITY OF SOUTH SAN FRANCISCO
TOWN OF WOODSIDE
Ma
11