REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
January 9, 2024
FROM
JOSHUA DUGAS, Director, Department of Public Health
SUBJECT
Title
Grant Contract from the State Department of Parks and Recreation for the Local Assistance Specified Grant for Construction of an Animal Care Center in Bloomington
End
RECOMMENDATION(S)
Recommendation
1. Approve and accept grant contract (State Contract No. C5055112), including non-standard terms, with the State Department of Parks and Recreation for the Local Assistance Specified Grant for construction of the San Bernardino County Animal Care Center in Bloomington, in the amount of $4,500,000, retroactively effective for the period of July 1, 2022 through June 30, 2026.
2. Authorize the Director of the Department of Public Health, consistent with Resolution No. 2023-194, to execute the grant contract, and any subsequent non-substantive amendments on behalf of the County, subject to review by County Counsel.
3. Direct the Director of the Department of Public Health to transmit State Contract No. C5055112 and all non-substantive amendments, based on the authority granted in Resolution No. 2023-194 on November 14, 2023, to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: Joshua Dugas, Director, 387-9146)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
This item does not impact Discretionary General Funding (Net County Cost). The grant allocation of $4,500,000 from the State Department of Parks and Recreation (State) does not require a local match. Adjustments to the Department of Public Health’s (DPH) 2023-24 budget are not requested at this time but will be included in a future Countywide budget report or other item presented to the Board of Supervisors (Board) for approval.
BACKGROUND INFORMATION
The construction of the new Animal Care Center in Bloomington will reduce travel time for animal control field officers and provide another viable option for residents to retrieve and/or adopt sheltered animals. Services provided by this shelter will include animal sheltering, rabies quarantine, and shelter stray animals in accordance with San Bernardino County (County) ordinance and State law. In addition, this Animal Care Center will collect licensing revenue and other fees on behalf of the County and may also contract with local veterinarians for spay and neuter services.
DPH Animal Care Division plays a vital role in our communities by working to reunite pets with owners, sheltering those in need, and finding new homes for animals that are lost or surrendered. The lack of an accessible animal shelter strains local resources and lowers the quality of life of these animals. DPH Animal Care Division staff, in cooperation with law enforcement officers, pick up and shelter stray animals that may be lost or released into the community.
The DPH Animal Care Division has provided full scope animal care services for all unincorporated areas of the county, except for the unincorporated communities on the west end of the county (west of Interstate 15, south of Mt. Baldy), for decades and has also provided similar services to several cities within the county under contract. These services include field services, licensing, low-cost rabies and vaccination clinics, sheltering, and after-hours emergency services. Due to the vast geographical area, DPH must partner with many cities to provide local animal care services to County residents.
Under the State Budget Act of 2022, Assembly Bill 179, Chapter 249, Control Section 19.56, Item
No. 3790-101-0001(k) Other Community Services (Provision 44) (AB 179), the State is providing Local Assistance Specified funding for the construction of the County Animal Care Center in the unincorporated community of Bloomington.
On February 1, 2022, DPH submitted a State Budget Request directly to the State Assembly requesting state funding to build a modern animal shelter in the community of Bloomington.
On August 25, 2023, DPH received notice of the allocation (State Project #SG-36-012) from the State for the construction of the County Animal Care Center in Bloomington, in the amount of $4,500,000, for the period of July 1, 2022 through June 30, 2026.
On October 26, 2023, DPH received State Contract No. C5055112 from the State, in the amount of $4,500,000, for the period of July 1, 2022 through June 30, 2026.
On November 14, 2023 (Item No. 53), the Board approved Resolution No. 2023-194, as required by the State for the Local Assistance Specified funds appropriated by AB 179, for the construction of the County Animal Care Center. This Resolution authorized the Director of Public Health to sign and submit all documents related to the State allocation for the construction of the County Animal Care Center, which includes the recommended State Contract and any amendments, subject to County Counsel review prior to execution.
As a component of the grant, the County is required to execute and submit Contract No. C5055112 to secure the State Local Assistance Specified Grant funds, as allocated by AB 179. This grant, under State Project #SG-36-012, supports the construction of the County Animal Care Center in Bloomington. The recommended actions will allow DPH to accept the grant from the State for Local Assistance Specified Grant funds appropriated by AB 179.
Per County Policy 11-05, contracts containing non-standard terms must be approved by the Board. The recommended contract is the State’s standard contract and includes terms that differ from the standard County contract. The non-standard terms include the following:
1. The State requires the County to indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the acquisition, development, construction, operation or maintenance of the Animal Care Center which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the State, its officers, agents, or employees.
• The County standard contract indemnity provision requires the other party to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The contractor’s indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.
• Potential Impact: In the event of a lawsuit concerning the acquisition, development, construction, operation, or maintenance of the Animal Care Center, the State will not be obligated to defend the County. Further, should a lawsuit be filed concerning the Animal Care Center and the State be named as a party, the County will be required to indemnify and defend the State.
2. In the event that a court finds that the County has breached the contract, the County is required to reimburse the State its reasonable attorney fees.
• The County standard contract requires each party to the legal dispute bear its own legal fees regardless of which party is deemed to be prevailing.
• Potential Impact: If the County is determined to have breached the contract, the County will be required to reimburse the State its reasonable attorney fees, which may be significant.
3. The contract prevents the County from terminating construction of the County Animal Care Center (Project) prior to the date of the letter notifying the County of the award or when funds are appropriated, whichever is later, unless the State and County mutually agree in writing. The State retains the right to terminate the contract unilaterally in the event that funding for the Project is reduced or deleted by the State budget act, without any liability to the State.
• The County standard contract permits the County to terminate a contract upon 30 days’ written notice.
• Potential Impact: The County is unable to terminate the contract and end the Project without the express written authorization of the State.
DPH recommends approval of the contract with the State, including the non-standard terms, as the Local Assistance Specified Grant funds appropriated by AB 179 will assist the DPH Animal Care Division in funding the construction of the new Animal Care Center in Bloomington. Approval of the contract will allow the DPH Animal Care Division to better service animals and citizens of the County.
This item is being presented at this time, as this is the first date available following the required operational, fiscal, and legal reviews. The retroactive effective date of July 1, 2022, is at the request of the State to align with the State’s contract under the AB 179. Approval at this time will have no impact on DPH’s services or activities.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Daniel Pasek, Deputy County Counsel, 387-5455) on November 28, 2023; Risk Management (Victor Tordesillas, Director, 386-8623) on November 30, 2023; Finance (Iliana Rodriguez, Administrative Analyst, 387-4205) on December 8, 2023; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on December 19, 2023.