HomeMy WebLinkAboutCounty of Mendocino 2001-08-01AGREEMENT FOR COST SHARING
OF FACILITY CONSTRUCTION
AND FINANCING COSTS FOR THE
COUNTY ANIMAL SHELTER FACILITY IN UKIAH
This Agreement, made and entered into this day of 2001, by and
between the County of Mendocino, hereinafter referred to as "County", and the City of
Ukiah, hereinafter referred to as "City".
County and City agree the City shall pay its proportional share of construction and
financing costs for the facility commencing in fiscal year 2001-2002 and ending at the
date of the termination of annual debt service for the Animal Shelter facility or the date
of termination of actual impoundment by the City of Ukiah of animals at the county
facility, whichever is earliest. In the event of termination by the City, notice must be
provided in writing to the County at least 120 days prior to the end of the fiscal year
and shall be effective only upon the first day of the succeeding fiscal year.
2. City's cost sharing shall be based upon the pro-rata share of the actual construction
costs of the Ukiah Shelter Facility Project to the total principal debt service. Refer to
Attachment A of this Agreement for determination of the total principal debt service
amount to be used in making this calculation.
3. City's apportionment shall be predicated on the ratio of City animals (as defined in
article 2, paragraph 2, of BOS Agreement Number #00-319) to the total number of
animals impounded at the Ukiah Shelter. County shall annually provide City with
animal impoundment data in the format contained in Exhibit B, attached and
incorporated into BOS Agreement Number #00-319.
4. County and City agree that the City's initial apportionment shall be calculated on the
basis of the most recent five-year average of animals impounded at the Ukiah Shelter.
For purposes of calculating the initial apportionment amount, impoundment data for the
calendar periods of 1996 through 2000 was utilized. As a result of this calculation, the
City's apportionment, commencing with date the shelter first opens, shall be 19.22%.
5. County and City agree that the City's apportionment shall be recalculated at each five-
year anniversary date of this Agreement. The re-calculated apportionment ratio shall be
set on the basis of an average of the City's most recent five-year animal impoundments
at the Ukiah Shelter and the recalculated ratio percentage shall be used as the basis for
determining the City's pro-rata share for the ensuing five year period.
6. Commencement date of the cost sharing by the City shall be the date on which the
facility opens for business. The City agrees to pay the County its initial prorated
apportionment amount within 90 days from the opening of the facility. The City further
agrees, within 90 days of each fiscal year thereafter, to pay County the City's
apportionment amount.
7. County agrees to share with City any financial benefits it may derive from any future
reimbursement under SB90 related to increased costs mandated by S131785. Such
sharing of benefits shall be based on the usage factor in existence for the time period of
the mandated cost reimbursement.
8. If, at any time during this Agreement, the debt service issue pertaining to this facility is
refinanced to lower interest costs, County agrees to adjust the pro-rata share of cost and
pass those savings along to City..
9. This Agreement (including all Exhibits attached hereto) constitutes the entire contract
between the parties hereto and may not be modified except by an instrument in writing
signed by the parties.
10. County shall indemnify and hold harmless City, its agents, officers and employees
against any and all claims, lawsuits, actions, liability, damages, expenses and costs
(including attorney's fees), brought for injuries to any person or persons, or injuries to
or destruction of property arising out the negligence of the County in the performance
of this contract. Where County is found to have caused the injury, damage, or loss only
in part, County shall hold City harmless only to the extent the County caused the injury,
damage, or loss. City agrees to timely notify County of any such negligence claim and
to cooperate with County to allow County to defend such a claim.
11. City shall indemnify and hold harmless County, its agents, officers and employees
against any and all claims, lawsuits, actions, liability, damages, expenses and costs
(including attorney's fees), brought for injuries to any person or persons, or injuries to
or destruction of property arising out of the negligence of the City in the performance
of this contract. Where City is found to have caused the injury, damage, or loss only in
part, City shall hold the County harmless only to the extent the City caused the injury,
damage, or loss. County agrees to timely notify City of any such negligence claim and
to cooperate with City to allow City to defend such a claim.
12. In witness whereof, this Agreement has been executed by the parties hereto as of the
date first herein above written.
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13. Whenever notice, payment or other communication is required or permitted under this
Agreement, it shall be deemed to have been given when personally delivered, telefaxed
or deposited into the United States mail with proper first-class postage affixed thereto
and addressed as follows:
CITY:
C/O City Managers Office
City of Ukiah
Ukiah Civic Center
300 Seminary Avenue
Ukiah, Ca. 95482
FAX: 463-6204
COUNTY
Clerk of Board Office
County of Mendocino
County Administration Center
501 Low Gap Road
Ukiah, Ca. 95482
FAX: 463-4245
CITY OF UKIAH
41wn
By: Philli Ashiku, Mayor
ATTEST:
Marie Ulvila, City Clerk
APPROVED AS TO FORM:
David . apport, Cit Att ey
COUNTY OF MENDOCINO
Chair, i, Board of Supervisors
ATTEST:
Kristi Furman, Clerk of the Board
& ec P~
APPROVED AS TO FORM:
H. Peter Klein, Co ty Counsel
Z31^1- "
I hereby f; ortl y t1hat am9rdi tfo C ke
r,rovi;~iorv6 of eovornment Code
Section 25 103, delivery of this
docarnent has been made.
KIWI S`i"I I"UFd1'i AN
Clerk of the Board
DLPPU.ry
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ATTACHMENT A
DETERMINATION OF TOTAL PRINCIPAL DEBT SERVICE AMOUNT
Portion of Principal Proceeds Available for Construction (est.)
$ 13,700,000
Portion of Principal Proceeds set aside for Required Reserves
1,957,849
Portion of Principal Proceeds set aside for Capitalized Interest
1,724,515
Portion of Principal Proceeds used in refinancing existing debt
4,388,375
Total Principal Debt Service Amount (Exclusive of Costs of Issuance) $ 21,770,739
City's cost sharing allocation (example only):
Step 1:
Estimated Construction Cost of Animal Shelter Facility $ 1,700,000
_ = 7.81%
Total Principal Debt Service Amount 21,770,739
Step 2:
Apply results obtained in Step 1 against debt service principal and interest for the year. For
example, if the principal and interest payment for fiscal year 2002-03 is $1,825,000, then the
portion related to the Animal Shelter Facility would be $142,533 (or 7.81% X $1,825,000).
Step 3:
Apply results obtained in Step 2 multiplied by City's applicable percentage of 19.22%. In
our above example, the result would be $27,395 (or 19.22% X $142,533).
Step 4:
Results of Step 3 determine City's pro-rata share of construction and financing costs for the
fiscal year in the amount of $27,395 as calculated in our example.
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