HomeMy WebLinkAboutCC AG PKT 2012-08-13 #J SEA
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AGENDA STAFF REPORT -
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DATE: August 13, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Keith Kilmer, Chief of Police
SUBJECT: FIRST AMMENDMENT TO THE AGREEMENT
WITH THE CITY OF LONG BEACH TO PROVIDE
ANIMAL CONTROL SERVICES
SUMMARY OF REQUEST:
Staff requests that the City Council adopt Resolution No. 6304 authorizing the
City Manager to execute the First Amendment to the Operating Agreement
between the City of Seal Beach and the City of Long Beach to ensure continuous
animal control services, to implement CPI adjustments, and authorizing the City
Manager to execute the agreement.
BACKGROUND AND ANALYSIS:
On July 1, 2010, the Agreement for Animal Control Services between the City of
Long Beach and the City of Seal Beach commenced. The Agreement allowed
the parties to extend the Agreement for two additional consecutive periods of
two-years each, upon parties mutually agreeing to the provisions of the
extension. The parties would then execute an amendment to the Agreement.
Attached is the First Amendment to the Agreement, providing for a two-year
extension of the agreement from July 1, 2012, to June 30, 2014. The First
Amendment to the Agreement would increase the current cost to the City of
$134,485 to $141,356. This is keeping with the Agreement to increase service
costs based on the Los Angeles-Riverside-Orange County Area Consumer Price
Index (CPI), as established by the United States Department of Labor, Bureau of
Labor Statistics. For the second year (FY13-14), the First Amendment applies a
CPI increase, stipulating a range of the CPI from 0-8%.
The City of Long Beach agrees to provide animal control services as delineated
in the Agreement. Over the years, Long Beach Animal Control has become
familiar with the Seal Beach community including the Friends of the Seal Beach
Animal Care Center where strays are impounded. The community has made few
complaints about Long Beach Animal Control services, and Long Beach has
been responsive to those complaints.
Agenda Item J
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
The financial impact to the City is that animal service costs would increase by
$6,871 for FY12-13 and increase in the range of 0-8% in FY13-14 based on the
Consumer Price Index for the Los Angeles-Riverside-Orange County Area. It is
anticipated that the total cost of the contract will decrease by 20% based on
upcoming license fee canvassing efforts and revenue generated therefrom. The
Agreement for FY11-12 was slated to be $134,485. However, following the
collection of animal license fees, the actual contract costs were $108,305.11. It
is anticipated that the same results will occur in FY12-13. The adopted budget
for FY12-13 allocates $113,000 for Animal Services. It is anticipated that the
final invoice from Long Beach Animal Services for FY12-13 will fall at or below
that number. As such, no budget modification is required.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 6304 approving the
First Amendment to the Operating Agreement between the City and the City of
Long Beach to ensure continuous animal control services, to implement CPI
adjustments, and authorizing the City Manager to execute the agreement.
SUBMITTED BY: NOTED AND APPROVED:
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Keith L. Kilmer, Chief of Police 47' . Ingram, Ci d nager
Prepared by: Lt. Bob Mullins
Attachments:
A. Resolution No. 6304
B. Agreement for Animal Control Services with the City of Long Beach
Page 2
RESOLUTION NUMBER 6304
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE FIRST AMENDMENT TO THE SERVICE
AGREEMENT WITH THE CITY OF LONG BEACH PROVIDING
ANIMAL CONTROL SERVICES
WHEREAS, on July 1, 2010, an Agreement for Animal Control Services No.
31707 (Agreement) between the City of Seal Beach and the City of Long Beach
became effective; and
WHEREAS, the Agreement allowed for two additional consecutive two-year
periods extensions to the agreement mutually agreed upon the provisions by
both parties; and '
WHEREAS, the parties wish to extend the Agreement to ensure continuous
animal control services and to implement CPI adjustments.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
RESOLVE:
Section 1. The City Council hereby approves the First Amendment to the
Agreement between the City of Seal Beach and the City of Long Beach for
contract animal control services as delineated.
Section 2. The City Council hereby authorizes the City Manager to execute the
First Amendment to the Agreement on behalf of the City.
Section 3. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 13th day of August , 2012 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6304 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 13th day of August , 2012.
City Clerk
1 FIRST AMENDMENT TO AGREEMENT NO. 31707
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2
3 THIS FIRST AMENDMENT TO AGREEMENT NO. 31707 is made and
4 entered, in duplicate, as of October 1, 2011 for reference purposes only, pursuant to a
5 minute order of the City Council of the City of Long Beach at its meeting held on May 15,
6 2012, and a minute order of the City Council of the City of Seal Beach•at its meeting held
7 on , 2012, by and between the. CITY OF LONG BEACH ("Long Beach"),
8 and the CITY OF SEAL BEACH ("Seal Beach").
9 • WHEREAS, the parties entered Agreement No. 31707 whereby Long
10 Beach agreed to provide animal control services to Seal Beach; and
11 WHEREAS, the Agreement contains a provision allowing the parties, by
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12 mutual agreement, to extend the term of the agreement and the parties desire to do so;
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Q 13 NOW, THEREFORE, in consideration of the mutual terms and conditions in
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f-°z; 14 the Agreement and in this FIRST Amendment, the parties agree as follows:
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amt 15 1. Section 1 of the Agreement is hereby amended in its entirety to read
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o 0 M 17 "SECTION 1. TERM. This Agreement shall commence at 12:01 a.m. on
18 July 1, 2012, and shall terminate at midnight on June 30, 2014."
19 2. Section 4.C. is hereby amended in its entirety to read as follows:
20 C. "Compensation Schedule.
21 . i. Year One (1). In the event and to the extent that the
22 total amount of any and all fees retained by Long Beach does not equal or
23 exceed One Hundred Forty-One Thousand Three Hundred Fifty-Six Dollars
24 ($141,356) ("Annual Compensation") on June 30 of the first year period of
25 July 1, 2012 through June 30, 2013, then Seal Beach shall pay to Long
26 Beach the difference between the total fees as set forth in Section 4.A. and
27 Annual Compensation. Payment of the difference shall be made on or
28 before July 31 of that same year. In the .event and to the extent that the
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1 total amount of all license fees retained by Long Beach exceeds Annual
2 Compensation on June 30 of that same year, then the excess shall be
3 divided equally between Long Beach and Seal Beach.
4 ii. Year Two (2). Annual Compensation shall be adjusted
5 by the percent change in the Consumer Price Index (CPI) for All Urban
6 Consumers, All Items, Base Period 1982-84=100, for the Los Angeles-
7 Riverside-Orange County, CA Area (March 2013 to March 2014), as
8 published by the United States Department of Labor, Bureau of Labor
9 Statistics (CUURA421 SA0), which shall not be less than zero (0) and shall
10 not exceed eight percent (8%) ("Adjusted Annual Compensation"). In the
11 event and to the extent that the total amount of any and all fees retained by
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12 Long. Beach does not equal or exceed Adjusted Annual Compensation on
13 June 30 of the second year period of July 1, 2013 through June 30, 2014,
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o o a 14 then Seal Beach shall pay to Long Beach the difference between the total
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F-m 6 15 fee as set forth in Section 4.A. and Adjusted Annual Compensation.
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LU a 16 Payment of the difference shall be made on or before July 31 of that same
o co M 17 year. In the event and to the extent that the total amount of all license fees
18 retained by Long Beach exceeds Adjusted Annual Compensation on June
19 30 of that same year, then the excess shall be divided equally between
20 Long Beach and Seal Beach."
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21 3. Section 4.D. is hereby amended in its entirety to read as follows:
22 D. "Compensation in the Event of Termination. In the event of
23 termination of this Agreement pursuant to Section 7 or Section 9, Long Beach
24 shall retain Annual Compensation and / or Adjusted Annual Compensation for
25 services provided by Long Beach through the effective date of the termination.
26 i. Year One (1). In the event and to the extent that the
27 total amount of any and all fees retained by Long Beach to the effective
28 date of termination does not equal or exceed Annual Compensation for
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1 each month that the Agreement has been in effect until June 30, 2013, then
2 Seal Beach shall pay to Long Beach the difference between the total fees
3 as set forth in Section 4.A. to the effective date of termination and the dollar
4 figure obtained by multiplying Annual Compensation times the number of
5 months the Agreement was in effect between July 1, 2012 through June 30,
• 6 2013. A partial month shall be deemed a full month. Payment of the
7 difference. shall be made within thirty (30) days after the effective date of
8 termination. Any excess fees shall be paid to Seal Beach.
9 ii. Year Two (2). In the event and to the extent that the
10 total amount of any and all fees retained by Long Beach to the effective
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11 date of termination but prior to June 30, 2014 does not equal or exceed
z o r v- 12 Adjusted Annual Compensation for each month that the Agreement has
K 0 13 been in effect until June 30, 2014, then Seal Beach shall pay to Long Beach
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°z o a 14 the difference between the total fees as set forth in Section 4.A. to the
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W TA 16 Adjusted Annual Compensation times the number of months the Agreement
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o° 17 was in effect between July 1, 2013 through June 30, 2014. A partial month
18 shall be deemed a full month. Payment of the difference shall be made
19 within thirty (30) days after the effective date of termination. Any excess
20 fees shall be paid to Seal Beach."
21 4. Except as expressly amended in this First Amendment, the terms
22 and conditions in Agreement No. 31707 are ratified and confirmed and shall remain in full
23 force and effect.
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1 IN WITNESS WHEREOF;, the parties have caused this document to be duly
2 executed with all formalities required by law as of the date first stated above.
3 CITY OF SEAL BEACH, a municipal
4 corporation
5 , 2012 By
City Manager
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6 •
"Seal Beach".
7
8 This First Amendment to Agreement No. 31707 is approved as to form on
9 JVi) 1g , 2012.
10 By:
11 �IR- ity Atto ney, Seal Beach
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CITY OF LONG BEACH, a municipal
a13 corporation
UZOV 14 , 2012 By
_ 15 City Manager
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18 This First Amendment to Agreement No. 31707 is approved as to form on
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19 , 2012.
20 ROBERT E. SHANNON, City Attorney
21 By:
Deputy City Attorney
22
23
24
25
26
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AGREEMENT WITH CITY OF LONG
BEACH FOR ANIMAL CONTROL
SERVICES
JULY 1 , 2010 - JUNE 30, 2012
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1 AGREEMENT FOR ANIMAL CONTROL
2 SERVICES BETWEEN THE CITY OF LONG BEACH
3 AND THE CITY OF SEAL BEACH
4
5 THIS AGREEMENT, made and entered, in duplicate, as of April 22, 2010
6 for reference purposes only, pursuant to a minute order of the City Council of the City of
7 Long Beach at its meeting held April 20, 2010, and - minute order of the City Council of
8 the City of Seal Beach at its meeting held on 'it / l`i � , 2010, by and
9 between the CITY OF LONG BEACH ("Long Beach"), and the CITY OF SEAL BEACH
10 ("Seal Beach").
11 RECITALS
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w o 12 WHEREAS, Seal Beach is a charter city authorized to provide animal
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a CV 3 control services to its residents; and
zm 14 WHEREAS, Seal Beach has historically provided said services and has
_ 15 contracted with Long Beach for emergency back-up services but Seal Beach now desires
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w a 16 that Long Beach provide full-time animal control services rather than just emergency
o 0 17 back-up services; and
18 WHEREAS, the Long Beach Bureau of Animal Care Services is able and
19 willing to provide said services for Seal Beach on the terms and conditions stated in this
20 Agreement and, as a charter city, Long Beach is authorized by Section 111 of its Charter
21 to provide these services to Seal Beach; and
22 WHEREAS, Seal Beach desires to contract with Long Beach for
23 performance of animal control services within the boundaries of Seal Beach;
24 NOW, THEREFORE, in consideration of the mutual terms and conditions in
25 this Agreement, the parties agree as follows:
26 1. TERM. This Agreement shall commence at 12:01 a.m. on July 1,
27 2010, and shall terminate at midnight on June 30, 2012, unless sooner terminated or
28 extended as provided herein. Seal Beach may extend this Agreement for two (2)
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1 consecutive additional periods of two (2) years each by giving notice of its desire to
2 extend to Long Beach thirty (30) days prior to the end of the term or any individual
3 extension period. Upon mutual agreement of the parties to the terms of the extension,
4 the parties shall execute an amendment to this Agreement.
5 2. SERVICES.
6 A. Long Beach shall perform animal control services for Seal
7 Beach and perform the functions of a Department of Animal Control. In performing
8 said services and functions, Long Beach shall have all of the powers of Seal
9 Beach as if Seal Beach were performing the services and functions. Long Beach
10 agrees to provide such services to Seal Beach at the same level that it provides to
11 the residents of Long Beach.
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12 B. In performing the functions of a Department of Animal Control,
a " 13 the Animal Control Services Officer of Long Beach shall serve as the managing
Zm 8 14 officer of animal control for Seal Beach and shall have the following duties:
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_ 6 15 i. To enforce all Seal Beach ordinances and state laws
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o >>a 16 within Seal Beach city limits with respect to the keeping and harboring of
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18 ii. To patrol the streets and beaches of Seal Beach,
19 whenever possible, to enforce the provisions of the Seal Beach Municipal
20 Code relating to animal control. Emergency service will be available
21 twenty-four(24) hours a day, seven (7) days a week;
22 iii. To investigate complaints of cruelty to animals brought
23 to the attention of the Animal Control Services Officer;
24 iv. To pick up and impound, on request from an authorized
25 representative of Seal Beach or any resident of Seal Beach, any stray dogs
26 within the Seal Beach city limits and deliver them as described in sub-
27 section 2.0 below, except that Long Beach shall have no obligation to
28 accept stray animals or pets delivered to the Long Beach animal shelter by
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1 residents of Seal Beach;
2 v. To promptly pick-up injured animals and to pick-up
3 dead animals;
4 vi. To issue license tags and license receipts;
5 vii. To perform such duties with respect to the regulation
.6 and protection of animals within Seal Beach as directed from time to time
7 by the City Manager of Seal Beach;
8 viii. To maintain a telephone with a listed number which will
• 9 be answered twenty-four hours every day; and
10
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ix. To canvass all known households in Seal Beach during
11 the term of this Agreement to insure that all animals required to be licensed
o u-a 12 are, in fact, licensed.
a o 13 Long Beach will provide the services listed above for an amount of
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a 14 time that averages approximately three (3) hours per day, or twenty-one (21)
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16 C. Long Beach shall deliver to the Seal Beach Animal Care
o o p 17 Center, 1700 Adolfo Lopez Drive, Seal Beach, CA 90740 all animals that Long
18 Beach impounds in Seal Beach and all animals delivered to the Long Beach
19 animal shelter which were found or kept within the City limits of Seal Beach.
20 Pursuant to the contract identified in Section 6, the Seal Beach Animal Care
21 Center shall hold the animals in accordance with Seal Beach ordinances and State
22 laws relating to the keeping, harboring and disposition of animals, except that the
23 following animals will not be delivered to the Seal Beach Animal Care Center but
24 will be handled by Long Beach: (I) animals that require quarantine; (ii) animals
25 impounded as evidence in criminal cases; (iii) animals impounded in a case
26 alleging that the animal is vicious; (iv) animals that are prohibited by federal, state
27 or local law to be owned or kept by private citizens; and (v) animals in the class
28 Ayes (birds) or the class Mammalia (mammals) that are not normally domesticated
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1 in California or that are not native to California.
2 D. Long Beach shall have no obligation under this Agreement to
3 accept animals impounded in the city limits of Seal Beach or animals brought to
4 the Long Beach animal shelter after being found or kept within the city limits of
5 . Seal Beach.
6 E. Long Beach shall furnish and supply all labor, supervision,
7 equipment and supplies necessary to furnish the level of service to be rendered
8 hereunder. In the event that supplies, stationery, forms, decals, notices, citations,
9 or any other material must be used that carries the name of Seal Beach, same
10 shall be supplied by Seal Beach at its own cost and expense.
11 3. INDEMNIFICATION. Pursuant to Government Code Section 895.4,
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12 Long Beach shall indemnify, defend, and hold Seal Beach harmless from any liability
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Q0 13 imposed for injury (as defined by Government Code Section 810.8) occurring by reason
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°z o a 14 of any acts or omissions on the part of Long Beach under or in connection with any work,
LL I U 0 15 authority, or jurisdiction delegated to Long Beach under this Agreement and Seal Beach
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g 16 shall indemnify, defend, and hold Long Beach harmless from any liability imposed for
o M 17 injury (as defined by Government Code Section 810.8) occurring by reason of any acts or
18 omissions on the part of Seal Beach under or in connection with any work, authority, or
19 jurisdiction delegated to Seal Beach under this Agreement.
20 4. FEES.
21 A. For and in consideration of the rendition of services pursuant
22 to this Agreement, Long Beach shall be entitled to and shall retain any and all
23 license fees and other fees authorized by the Seal Beach ordinances and
24 resolutions relating to animal control. In addition, Long Beach shall be entitled to
25 and shall retain all monies that it collects for the impounding, boarding, and
26 placement of animals. The license and other fees shall be those set forth in Long
27 Beach's fee resolution, as periodically amended, and as adopted by the Long
28 Beach City Council.
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1 B. Seal Beach shall retain all fines established by the Seal
2 Beach Municipal Code for violations of animal control ordinances as set forth in
3 Seal Beach's Comprehensive Fee Resolution.
4 C. Compensation Schedule.
5 i Year One (1). In the event and to the extent that the
6 total amount of any and all fees retained by Long Beach does not equal or
7 exceed One Hundred Thirty-One Thousand Three Hundred Thirty-Three
8 Dollars ($131,333) on June 30 of the first year period of July 1, 2010
9 through June 30, 2011, then Seal Beach shall pay to Long Beach the
10 difference between the total fees and $131,333. Payment of the difference
11 shall be made on or before July 31 of that same year. In the event and to
L. 12 the extent that the total amount of all license fees retained by Long Beach
G= 0 13 exceeds $131,333 on June 30 of that same year, then the excess shall be
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z o Q 14 divided equally between Long Beach and Seal Beach.
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w g o) 16 total amount of any and all fees retained by Long Beach does not equal or
o 0 M 17 exceed One Hundred Thirty-Four Thousand Four Hundred Eighty-Five
18 Dollars ($134,485) on June 30 of the second year period of July 1, 2011
19 through June 30, 2012, then Seal Beach shall pay to Long Beach the
20 difference between the total fees and $134,485. Payment of the difference
21 shall be made on or before July 31 of that same year. In the event and to
22 the extent that the total amount of all license fees retained by Long Beach
23 exceeds $134,485 on June 30 of that same year, then the excess shall be
24 divided equally between Long Beach and Seal Beach.
25 D. Compensation in the Event of Termination. In the event of
26 termination of this Agreement pursuant to Section 7 or Section 9, Long Beach
27 shall retain fees as compensation for services provided by Long Beach through
28 the effective date of the termination.
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Year One (1). In the event and to the extent that the
2 total amount of any and all fees retained by Long Beach to the effective
3 date of termination does not equal or exceed Ten Thousand Nine Hundred
4 Forty-Four Dollars ($10,944) for each month that the Agreement has been
5 in effect until June 30, 2011, then Seal Beach shall pay to Long Beach the
6 difference between the total fees to the effective date of termination and the
7 .dollar figure obtained by multiplying $10,944 times the number of months
8 the Agreement was in effect between July 1, 2010 through June 30, 2011.
9 A partial month shall be deemed a full month. Payment of the difference
10 shall be made within thirty (30) days after the effective date of termination.
11 Any excess fees shall be paid to Seal Beach.
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Z a LL 12 ii. Year Two (2). In the event and to the extent that the
o 13 total amount of any and all fees retained by Long Beach to the effective
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-„.51.13() 14 date of termination but prior to June 30, 2012 does not equal or exceed
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LL co 0 15 Eleven Thousand Two Hundred Seven Dollars ($11,207) for each month
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w g 16 that the Agreement has been in effect until June 30, 2012, then Seal Beach
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o 17 shall pay to Long Beach the difference between the total fees to the
18 effective date of termination and the dollar figure obtained by multiplying
19 $11,207 times the number of months the Agreement was in effect between
20 July 1, 2011 through June 30, 2012. A partial month shall be deemed a full
21 month. Payment of the difference shall be made within thirty (30) days after
22 the effective date of termination. Any excess fees shall be paid to Seal
23 Beach
24 5. ENFORCEMENT. Seal Beach shall cooperate with Long Beach to
25 the fullest extent possible to enforce all Seal Beach ordinances relating to animal control
26 and to enable Long Beach to collect the fees due to Long Beach pursuant to this
27 Agreement.
28 6. SEAL BEACH ANIMAL CARE CENTER. During the term of this
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1 Agreement, Seal Beach will enter and keep in effect a contract with The Friends of the
2 Seal Beach Animal Care Center that requires the Seal Beach Animal Care Center to
3 accept animals from employees working in the Long Beach Bureau of Animal Care
4 Services, requires the Seal Beach Animal Care Center to hold the animals in accordance
5 with Seal Beach ordinances and State laws relating to the keeping, harboring and
6 disposition of animals, except as described in Section 2.0 above, and requires the Seal
7 Beach Animal Care Center to provide kennels, animal shelters, and related services to
8 enable Seal Beach to meet its obligations under this Agreement to accept animals
9 impounded by Long Beach within the city limits of Seal Beach and to accept animals
10 brought to the Long Beach animal shelter which were found within the city limits of Seal
11 Beach. Seal Beach will give any notices required by law regarding destruction of animals
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12 and use humane methods in their destruction.
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c4 13 Failure of Seal Beach to enforce its contract with the Seal Beach Animal
P-z 2e) 14 Care Center within three (3) days after notice from Long Beach that the Seal Beach
HW a 15 Animal Care Center has refused to accept animals from Long Beach as described above
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w►— -- (3: 16 shall be a material breach of this Agreement between Seal Beach and Long Beach which
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o 0 . 17 entitles Long Beach to terminate this Agreement.
18 7. ORDINANCES.
19 A. The Long Beach Municipal Code regulating animals will have
20 no force or effect or application to the services provided by Long Beach under this
21 Agreement.
22 B. If the animal control ordinances of Seal Beach are amended
23 during the term of this Agreement, then Seal Beach shall, within ten (10) days after
24 the effective date of the amendment(s), give notice to Long Beach of such
25 changes. Long Beach shall notify Seal Beach of any objections to the
26 amendments. If Seal Beach and Long Beach cannot come to a mutually
27 acceptable agreement concerning the amendments within thirty (30) days after the
28 original notice from Seal Beach, then Long Beach shall have the right to terminate
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1 this Agreement by giving thirty (30) days notice to Seal Beach. In the event of
2 termination, neither party shall have any further obligation under this Agreement
3 except as provided in Section 4.
4 8. REPORTS.
5 A. Long Beach shall keep and maintain during the term of this
6 Agreement books and records pertaining to the licensing of animals, collection of
7 fees, impounding of animals, citations issued, warnings issued, and the
8 destruction of animals as these items relate to animals within the city limits of Seal
9 Beach. Said books and records shall be available for audit and examination by
10 Seal Beach during normal business hours of Long Beach and on reasonable
11 notice.
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12 B. Each month during the term of this Agreement Long Beach
< 0 13 will provide to the City Manager of Seal Beach a written record of the total dollar
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°z o 14 amount of license fees collected.
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J 16 and furnish to the City Manager of Seal Beach a written record of the complaints
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o 0 M 17 and the way in which complaints were handled. Long Beach will furnish this
18 information, along with a written report on the operation of the Long Beach Bureau
19 of Animal Care Services as it pertains to Seal Beach, monthly to Seal Beach.
20 9. TERMINATION. Either party may terminate this Agreement by
21 giving the other party thirty (30) days prior notice, as described in Section 10 below.
22 10. NOTICE. Any notice hereunder by either party shall be in writing
23 and personally delivered or deposited in the U.S. Postal Service, first class, postage
24 prepaid, addressed to Long Beach at 333 West Ocean Boulevard, Long Beach, California
25 90802 Attn: Bureau of Animal Care Services and to Seal Beach at 211 8th Street, Seal
26 Beach, California 90740 Attn: City Manager. Notice shall be deemed given on the date
27 deposited in the mail or on the date personal delivery is made, whichever first occurs.
28 11. AMENDMENT. This Agreement shall not be amended, nor any
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1 provision or breach waived, except in writing signed by the parties which expressly refers
2 to this Agreement.
3 12. PROHIBITION AGAINST SUBCONTRACTORS OR ASSIGNMENT.
4 Long Beach shall not contract with any entity to perform in whole or in part the work or
5 services required hereunder without the written approval of Seal Beach. Neither this
6 Agreement nor any interest in this Agreement may be assigned or transferred, voluntarily
7 or by operation of law, without the prior written approval of Seal Beach. Any such
8 prohibited assignment or transfer shall be void.
9 13. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES. No
10 officer or employee of Seal Beach shall be personally liable to Long Beach, or any
11 successor in interest, in the event of any default or breach by Seal Beach or for any
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12 amount which may become due to Long Beach or its successor, or for breach of any
o<(r
a 13 obligation of the terms of this Agreement; nor shall any officer or employee of Long
e°z 13- 14 Beach be personally liable to Seal Beach, or any successor in interest, in the event of
wz
LL x U 15 default or breach by Long Beach or for any amount which may become due to Seal
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1- 1-* 0 16 Beach or its successor, or for breach of any obligation of the terms of this Agreement.
LL m>J
o 0 17 14. ENTIRE AGREEMENT. This Agreement constitutes the entire
18 understanding between the parties and supersedes all other agreements, whether oral or
19 written, with respect to the subject matter herein.
20 15. INDEPENDENT CONTRACTOR. In performing services hereunder,
21 Long Beach is an independent contractor and its employees are not employees or agents
22 of Seal Beach. In that regard, Seal Beach will not withhold taxes of any kind from fees
23 payable to Long Beach, will not obtain workers' compensation for or on behalf of
24 employees of Long Beach, and will not provide any of the usual and customary benefits
25 or privileges for employees of Long Beach, including but not limited to compensation.
26 ///
27 ///
28 ///
9
LT:bg A10-01285
L:V1ppslCtyLaw32\W PDocs1D0288P010\00203628.DOC
1 IN WITNESS WHEREOF, the parties have caused this document to be duly
2 executed with all formalities required by law as of the date first stated above.
3 CITY OF SEAL BEACH, a municipal
4 corporation
5 sCitiOtt, /`1" , 2010 By `� 1
City Manager
6
7 "Seal Beach"
This Agreement is approved as to form on /it , 2010.
8
g By
City Attorney
10
11 CITY OF LONG BEACH, a municipal
w o corpor- 'on, Assistant City Manager
LL 12 sr.?o¢ ° � C 9 , 2010 By oc�cuTII ED PuasuAOF
auEw 13
City ManagerHE CITY CHARTER.
z >�
-,O�a 14
W Z m" "Long :-.;ch"
u 15
u 8 This Agreement is approved as to form on co 2- — , 2010.
owom
0�W 0 16 ap J
o 0 17 ROBERT E. SHANNO /i Attorne
18 By c
Deputy
19
20
21
22
23
24
25
26
27 •
28
10
LT:bg A10-01285
L:1AppstCtyLaw32 1wPDocsID028W01 010020 36 2 8.DOC
•