HomeMy WebLinkAboutCounty of Mendocino 2011-06-280-$25,000 Z05
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Org/Object Code: ANUKSHLT
Account String: 82-6242
Budget Unit: 2860
Branch: Comm. Health Services
COUNTY OF MENDOCINO
AGREEMENT
This Agreement is entered into this =2 '0 day of 20 j 1I , by and between the
COUNTY OF MENDOCINO, a political subdivision of the State of California, hereinafter referred
to as "COUNTY", and the City of Ukiah, a Municipal Corporation, located within Mendocino
County, hereinafter called "City".
WITNESSETH
WHEREAS, CITY wishes to extend to the residents of the city certain services,
which the Mendocino County Health & Human Services Agency (HHSA) is equipped, staffed,
licensed, and prepared to provide; and
WHEREAS, the Mendocino County HHSA is willing and able to perform duties
and render services to be necessary or appropriate for the welfare of residents of the city; and
WHEREAS, the Mendocino County HHSA believes the provisions of these
services to the residents is in their best interests, and agrees to perform such duties and render
such services, as outlined more specifically below.
Exhibits
Exhibit A Definition of Services 1 page Page # 6
Exhibit B Payment Terms 1 page Page # 7
NOW, THEREFORE, we agree as follows:
2.
3
The term of this Agreement shall be from July 1, 2011, through June 30, 2012.
DEFINITIONS:
A. MAY - is permissive
B. SHOULD - is desirable
C. SHALL - is mandatory
COMPLIANCE WITH LAWS AND ORDINANCES:
All services to be performed by COUNTY pursuant to this Agreement shall be performed
in accordance with all applicable federal, state, county, and municipal laws, ordinances,
regulations, titles, and departmental procedures.
4. SERVICE ELIGIBILITY:
Services provided under this Agreement shall be rendered without discrimination on the
basis of race, color, religion, national origin, sex, ancestry or handicap.
5. SERVICES:
In consideration of the payment hereinafter set forth, COUNTY shall perform the services
set forth in Exhibit "A" attached hereto and incorporated herein.
6. PAYMENT:
The compensation payable to COUNTY under this contract shall not exceed Sixty Six
Thousand, Eight Hundred and Eight Dollars ($66,808). Payment shall be made in
accordance with the schedule set forth on Exhibit "B".
7. AFFIRMATIVE ACTION:
CITY certifies that it is in compliance with the Equal Employment Opportunity
Requirement of Executive Order 11246, as amended by Executive Order 11375, Title VII
of the Civil Rights Act of 1964, the California Fair Employment Practices Act and any
other federal and state laws pertaining to equal employment opportunity and that it will
not discriminate against any employee or applicant for employment on the basis of race,
color, religion, handicap, age, sex, national origin, or ancestry in matters pertaining to
recruitment, hiring, training, upgrading, transfer, compensation, or termination.
8. INDEMNITY:
COUNTY shall defend, indemnify, and hold CITY, its officers, employees, and agents
harmless from and against any and all liability, loss, expense (including reasonable
attorneys' fees), or claims for injury or damages arising out of COUNTY's performance of
this Agreement but only in proportion to and to the extent such liability, loss, expense,
attorneys' fees, or claims for injury or damages are caused by or result from the negligent
or intentional acts or omissions of COUNTY, its officers, agents, or employees.
CITY shall defend, indemnify and hold COUNTY, its officers, employees and agents
harmless from and against any and all liability, loss, expense (including reasonable
attorneys' fees), or claims for injury or damages arising out of CITY's performance of this
Agreement but only in proportion to and to the extent such liability, loss, expense,
attorneys' fees, or claims for injury or damages are caused by or result from the negligent
or intentional acts or omissions of CITY, its officers, agents, or employees.
9. RELATIONSHIP OF PARTIES:
It is expressly understood that this is an Agreement by and between two independent
contractors and that this is not intended to, and shall not be construed to, create the
relationship of agent, servant, employee, partnership, joint venture or association, or any
other relationship whatsoever other than that of independent contractor.
10. CONTRACT TERMS:
The terms of this Agreement shall commence on July 1, 2011 and expire on June 30,
2012, provided, however, that COUNTY or CITY may terminate this Agreement for any
reason by giving written notice to the other at least thirty (30) days in advance of the
effective date of such termination.
Page 2
In the event this Agreement is terminated prior to June 30, 2012, CITY shall be
reimbursed on a prorated basis for only that portion of the contract term during which
COUNTY did not provide services pursuant to this Agreement.
11. NOTICES:
All notices, requests, demands, or other communications under this Agreement shall be
in writing. Notices shall be given for all purposes as follows:
Personal delivery: When personally delivered to the recipient, notices are effective on
delivery.
First Class Mail: When mailed first class to the last address of the recipient known to the
party giving notice, notice is effective three (3) mail delivery days after deposit in a United
States Postal Service office or mailbox.
Certified Mail: When mailed certified mail, return receipt requested, notice is effective on
receipt, if delivery is confirmed by a return receipt.
Overnight Delivery: When delivered by overnight delivery (Federal
Express/Airborne/United Parcel Service/DHL Worldwide Express) with charges prepaid
or charged to the sender's account, notice is effective on delivery, if delivery is confirmed
by the delivery service.
Telex or facsimile transmission: When sent by telex or facsimile to the last telex or
facsimile number of the recipient known to the party giving notice, notice is effective on
receipt, provided that (a) a duplicate copy of the notice is promptly given by first-class or
certified mail or by overnight delivery, or (b) the receiving party delivers a written
confirmation of receipt. Any notice given by telex or facsimile shall be deemed received
on the next business day if it is received after 5:00 p.m. (recipient's time) or on a non-
business day.
Addresses for purpose of giving notice are as follows:
To COUNTY: COUNTY OF MENDOCINO
Animal Care Services
298 Plant Rd.
Ukiah, Ca. 95482
Attn.: Bliss Fisher
To CONTRACTOR: Jane Chambers, City Manager
300 Semenary Ave
Ukiah, Ca. 95482
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of
an act or omission of the party to be notified shall be deemed effective as of the first date
that said notice was refused, unclaimed, or deemed undeliverable by the postal
authorities, messenger, or overnight delivery service.
Any party may change its address or telex or facsimile number by giving the other party
notice of the change in any manner permitted by this Agreement.
Page 3
12. CHOICE OF LAW:
This Agreement, and any dispute arising from the relationship between the parties to this
Agreement, shall be governed by the laws of the State of California, excluding any laws
that direct the application of another jurisdiction's laws.
13. VENUE:
This Agreement, and any dispute arising from the relationship between the parties to this
Agreement, shall be litigated in the Superior Court of California in Mendocino County,
Ukiah Branch, or in the United States District Court, Northern District of California.
14. WAIVER:
No waiver of a breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and
signed by the party waiving the breach, failure, right or remedy. No waiver of any breach,
failure, right or remedy shall be deemed a waiver of any other breach, failure, right or
remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless
the writing so specifies.
15. ENTIRE AGREEMENT:
This Agreement, including all attachments, exhibits, and any other documents specifically
incorporated into this Agreement, shall constitute the entire agreement between
COUNTY and CITY relating to the subject matter of this Agreement. As used herein,
Agreement refers to and includes any documents incorporated herein by reference and
any exhibits or attachments. This Agreement supersedes and merges all previous
understandings, and all other agreements, written or oral, between the parties and sets
forth the entire understanding of the parties regarding the subject matter thereof. The
Agreement may not be modified except by a written document signed by both parties.
16. HEADINGS herein are for convenience of reference only and shall in no way affect
interpretation of the Agreement.
17. TIME:
Time is of the essence.
[END OF GENERAL TERMS AND CONDITIONS]
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Page 4
IN WITNESS WHEREOF, the parties hereto, by their duly authorized
representatives, have affixed their hands on the day and year this Agreement first above written.
MENDOCINO COU T/Y HHSA
HHSA Dire, Date: CITY OF UKIAH:
Stacey-Cry
J s
t ~siness Address:
ne Chambers, City Manager
300 Seminary Ave.
Ukiah, Ca. 95482
J,
Date: ;axf
COUNTY OF MENDOCINO
APPROVED AS TO FORM:
Jeanine B. Nadel
County Counsel
By. -
David J. R po , City A orney
By:
INSURANCE REQUIREMENTS
APPROVAL
Kristin McMenomey
Risk Manager
By:
ATTEST: City Clerk
By: _ .t
U
Date:
EXECUTIVE OFFICE REVIEW:
APPROVAL RECOMMENDED Fiscal R
B By.
v
Carmel J Angelo, Chief Executive Officer Dep ty CEO/Fiscal
13 - I(
Date: 7 3 I
Page 5
By JUN 2 8 2011
Kendall Smith, Chair and/or
John McCowen, Vice Chair
Board of Supervisors
ATTEST:
CARMEL J. ANGELO, Clerk of said Board
'Deputy
I hereby certify that according to the provisions of
Government Code Section 25103, delivery of this
document has been made.
CARMEL J. ANGELO, Clerk of said Board
Deputy
Date: JUN 2 8 2011
EXHIBIT A
Definition of Services
Services delivered by County Animal Care:
1. From July 1, 2011 to June 30, 2012, the County will provide the City of Ukiah with animal
shelter services that would be normal and customary services provided to County
residents.
Those services include:
a. Sheltering of stray and owner surrendered animals.
b. Sheltering of animals held for court or legal cases.
C. Administration of a dog licensing program.
d. Administration of adoption programs.
e. Administration of a lost and found program.
f. Quarantine of suspected rabies animals.
g. Disposal of dead animals brought to the shelter.
2. Work schedule of animal care personnel to be established by County. Shelter hours
open to the public are Wednesdays; 10:00 a.m. to 7:00 p.m., Tuesdays, Thursdays,
Fridays and Saturdays 10:00 a.m. to 5:00 p.m. Animal drop boxes available to law
enforcement at all times.
3. County will submit annual sheltering report to the State.
4. County services do not include dead animal pick up.
(END OF DEFINITION OF SERVICES)
Page 6
EXHIBIT B
PAYMENT TERMS
1. CITY agrees that not later than December 30, 2011 it will transfer Sixty Six Thousand,
Eight Hundred and Eight Dollars ($66,808) to COUNTY representing payment for shelter
services as described in Exhibit A.
2. The COUNTY shall be entitled to collect and retain all fees and fines, including dog
license, shelter or other operational fees for providing services in Exhibit A.
(END OF PAYMENT TERMS)
Page 7
MENDOCINO COUNTY BOARD OF SUPERVISORS BOARD AGENDA #-q6i)
ONLINE AGENDA SUMMARY
-Arrangements for public hearings and timed presentations must be made with the Clerk of the Board in aovance or uou uaui isy
-Agenda Summaries must be submitted no later than noon Monday, 15 days prior to the meeting date (along with electron ittals)
-Send 1 complete original single-sided set and 1 photocopy set- Items must be signed-off by appropriate departments and/or Co. Co.
Note: If individual supporting document(s) exceed 25 pages each, or are not easily duplicated, please provide 10 hard-copy sets)
-Transmittal of electronic Agenda Summaries, records, and supporting documentation must be emailed to: bosagendaCc~co mendodno.ca.us
-Electronic Transmission Checklist: ® Agenda Summary ❑ Records ❑ Supp. Doc. ❑ If applicable, list other online information below
-Executed records will be returned to the department within one week. Arrangements forexpedrted processing must be made in advance
TO: Board of Supervisors DATE: Tune 9, 2011
FROM: HHSA- Community Health Servics MEETING DATE: Tune 28, 2011
DEPARTMENT RESOURCF/CONTACTStacey Crye~(--/ PHONE: 472-2336 Present ❑ On Call
Secondary Contact: Pat Meek PHONE: 463-7902 Present ❑ On Call Consent Agenda ® Regular Agenda ❑ Noticed Public Hearing ❑ Time Allocated for Item:
■ SUMMARY OF REQUEST: Board of Supervisors approval is required for the agreement between the
City and County. The agreement shall commence on July 1, 2011'and expire on June 30, 2012. The
County agrees to provide animal care services to the City that include: sheltering of stray and owner
surrendered animals, sheltering of animals held for legal cases, administration of dog license program,
administration of adoption program, administration of lost and found program, quarantine of
suspected rabies animals, and disposal of dead animals brought to the shelter. Services shall be
provided for payment not to exceed $66,808.
■ SUPPLEMENTAL INFORMATION AVAILABLE ONLINE AT:
■ ADDITIONAL INFORMATION ON FILE WITH THE CLERK OF THE BOARD (CHECKED BY COB IF Arrr.ICABLE):❑
Grant Related: U yes X no
SUPERVISORIAL DISTRICT: 1n
VOTE REQUIREMENT:
BOARD ACTION (DATE: (0A ~t l fl~ Approved ❑ Referred to ❑ Other
RECORDS EXECUTED Agreement If C` b `i ❑ Resolution: ❑ Ordinance: ❑ Other
■ PREVIOUS BOARD/BOARD COMMITTEE ACTIONS: None
■ ALTERNATIVES: Do not approve the Agreement resulting in the loss of $66,808 in revenue.
■ CEO REVIEW (NAME): PHONE:
RECOMMENDATION: Agree E] Disagree ❑ No Opinion ❑ Alternate ❑ Staff Report Attached ❑