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HomeMy WebLinkAboutCC AG PKT 2012-09-10 #DAGENDA STAFF REPORT DATE: September 10, 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: � � SEAL�eF9ti �4 cq�!FOR 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 from $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 Q The matter was before the City Council on August 13, 2012. At the request of Council, the City of Long Beach has since revised the Agreement to strike "whenever possible" from Section 2.B.ii of the Agreement. The Agreement now reads, "To patrol the streets and beaches of Seal Beach, , to enforce provisions of the Seal Beach Municipal Code relating to animal control." 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 would increase animal service costs by $6,871 for FY12 -13 and an 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: 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: V V-14, Keith L. Kilmer, Chief of Police Prepared by: Lt. Bob Mullins Attachments: NOTED AND APPROVED: 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 10th day of September, 2012 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members ATTEST: Mayor 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 10th day of September, 2012. City Clerk 2 1 FIRST AMENDMENT TO AGREEMENT NO. 31707 21 ii. To patrol the streets and beaches of Seal Beach, to 22 enforce the provisions of the Seal Beach Municipal Code relating to animal 23 control. Emergency service will be available twenty -four (24) hours a day 24 seven (7) days a week;" 25 3. Section 4.C. is hereby amended in its entirety to read as follows: 26 "4.C. Compensation Schedule. 27 i. Year One (1). In the event and to the extent that the 28 total amount of any and all fees retained by Long Beach does not equal or 1 GJA:jp A10 -01285 (08- 15 -12) C: \Users\alkosoflAppData \Local \Temp\notesBAAA25\08 -15-12 - Revised First Amendment - Contract 31707.DOC 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 , 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 T O z o v 12 ' mutual agreement, to extend the term of the agreement and the parties desire to do so; 0 co � 0 13 NOW, THEREFORE, in consideration of the mutual terms and conditions in Q R c °z o a 14 the Agreement and in this FIRST Amendment, the parties agree as follows: T V0 F- = 15 1. Section 1 of the Agreement is hereby amended in its entirety to read M a owpm W y UtYyc 16 as follows: tyW � 0 0on 17 "SECTION 1. TERM. This Agreement shall commence at 12:01 a.m. 18 on July 1, 2012, and shall terminate at midnight on June 30, 2014." 19 2. Section 2.13(ii) is hereby'amended in its entirety to read as follows: 20 "2.13. 21 ii. To patrol the streets and beaches of Seal Beach, to 22 enforce the provisions of the Seal Beach Municipal Code relating to animal 23 control. Emergency service will be available twenty -four (24) hours a day 24 seven (7) days a week;" 25 3. Section 4.C. is hereby amended in its entirety to read as follows: 26 "4.C. Compensation Schedule. 27 i. Year One (1). In the event and to the extent that the 28 total amount of any and all fees retained by Long Beach does not equal or 1 GJA:jp A10 -01285 (08- 15 -12) C: \Users\alkosoflAppData \Local \Temp\notesBAAA25\08 -15-12 - Revised First Amendment - Contract 31707.DOC ao W =° Z OLL It o: w to 0< Q &- >M p z a� Z CD U oU UJ Zm I- = N U ��to otL0M UF- N c LL1 y M J O 0 M of M M 1 2 3 4 5 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 i 21 22 23 24 25 26 27 /// 28 N exceed One Hundred Forty -One Thousand Three Hundred Fifty -Six Dollars ($141,356) ( "Annual Compensation ") on June 30 of the first year period of July 1, 2012 through June 30, 2013, then Seal Beach shall pay to Long Beach the difference between the total fees as set forth in Section 4.A. and Annual Compensation. Payment of the difference shall be made on or before July 31 of that same year. In the event and to the extent that the total amount of all license fees retained by Long Beach exceeds Annual Compensation on June 30 of that same year, then the excess shall be divided equally between Long Beach and Seal Beach. ii. Year Two (2). Annual Compensation shall be adjusted by the-percent change in the Consumer Price Index (CPI) for All Urban Consumers, All Items, Base Period 1982 -84 =100, for the Los Angeles - Riverside- Orange County, CA Area (March 2013 to March 2014), as published by the United States Department of Labor, Bureau of Labor Statistics (CUURA421 SAO), which shall not be less than ,zero (0) and shall not exceed eight percent (8 %) ( "Adjusted Annual Compensation "). In the event and to the extent that the total amount of any and all fees retained by Long Beach does not equal or exceed Adjusted Annual Compensation on June 30 of the second year period of July 1, 2013 through June 30, 2014, then Seal Beach shall pay to Long Beach the difference between the total fee as set forth in Section 4.A. and Adjusted Annual Compensation. Payment of the difference shall be made on or before July 31 of that same year. In the event and to the extent that the total amount of all license fees retained by Long Beach exceeds Adjusted Annual Compensation on June 30 of that same year, then the excess shall be divided equally between Long Beach and Seal Beach." 2 GJA:jp A10 -01285 (08- 15 -12) C:1 Userslalkosotl AppData %LocaRTemp %notesBAAA25 \08 -15 -12 - Revised First Amendment - Contract 31707.DOC >,Z5 } o C W � U z o v O A� N QU�CO m0 Z >o d zz =a Wzm °v U N OWpm W H- y o U 0: c LL M J O M M M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Section 4.D. is hereby amended in its entirety to read as follows: "4.D. Compensation in the Event of Termination. In the event of termination of this Agreement pursuant to Section 7 or Section 9, Long Beach shall retain Annual Compensation and / or Adjusted Annual Compensation for services provided by Long Beach through the effective date of the termination. i. Year One (1). In the event and to the extent that the total amount of any and all fees retained by Long Beach to *the effective date of termination does not equal or exceed Annual Compensation for each month that the Agreement has been in effect until June 30, 2013, then Seal Beach shall pay to Long Beach the difference between the total fees as set forth in Section 4.A. to the effective date of termination and the dollar figure obtained by multiplying Annual Compensation times the number of months the Agreement was in effect between July 1, 2012 through June 30, 2013. A partial month shall be deemed a full month. Pavment of the difference shall be made within thirty (30) days after the effective date of termination. Any excess fees shall be paid to Seal Beach. ii. Year Two (2). In the event and to the extent that the total amount of any and all fees retained by Long Beach to the effective date of termination but prior to June 30, 2014 does not equal or exceed Adjusted Annual Compensation for each month that the Agreement has been in effect until June 30, 2014, then Seal Beach shall pay to Long Beach the difference between the total fees as set forth in Section 4.A. to the effective date of termination and the dollar figure obtained by multiplying Adjusted Annual Compensation times the number of months the Agreement was in effect between July 1, 2013 through June 30, 2014. A partial month shall be deemed a full month. Payment of the difference shall be made within thirty (30) days after the effective date of termination. Any excess 3 GJA:jp A10 -01285 (08- 15-12) C:\ Users\ alkosoflAppData\ LocaIXTemp\notesBAAA25108 -15 -12 - Revised First Amendment - Contract 31707.DOC 4 GJA:jp A10 -01285 (08- 15 -12) C:\ Users\ alkosof\ AppData\ Local\Temp \notesBAAA25\08 -15 -12 - Revised First Amendment - Contract 31707.DOC 1 fees shall be paid to Seal Beach." 2 5. Except as expressly amended in this First Amendment, the terms 3 and conditions in Agreement No. 31707 are ratified and confirmed and shall remain in full 4 force and effect. 5 IN WITNESS WHEREOF, the parties have caused this document to be duly 6 executed with all formalities required by law as of the date first stated above. 7 CITY OF SEAL BEACH, a municipal 8 corporation 9 , 2012 By City Manager 10 "Seal Beach" 11 LU Z 8LLv 12 This First Amendment to Agreement No. 31707 is approved as to form on Quo 13 , 2012. m 0 °5a 14 W z C0 By: _ M 0 15 City Attorney, Seal Beach Wa) M 0Ui0m w� -ya, LL w 16 LL m 3 CITY OF LONG BEACH, a municipal ° °f Cn 17 corporation 18 , 2012 By 19 City Manager 20 "Long Beach" 21 22 This First Amendment to Agreement No. 31707 is approved as to form on 23 , 2012. 24 ROBERT E. SHANNON, City Attorney 25 By. 26 Deputy City Attorney 27 28 4 GJA:jp A10 -01285 (08- 15 -12) C:\ Users\ alkosof\ AppData\ Local\Temp \notesBAAA25\08 -15 -12 - Revised First Amendment - Contract 31707.DOC