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