HomeMy WebLinkAboutCC AG PKT 2014-09-08 #G ei0� SEA(e�
AGENDA STAFF REPORT s
',�'cgCIFORN1Pr
DATE: September 8, 2014
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Joe Stilinovich, Chief of Police
SUBJECT: SECOND AMENDMENT TO THE AGREEMENT WITH
THE CITY OF LONG BEACH TO PROVIDE ANIMAL
CONTROL SERVICES
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6500 authorizing the City Manager to
execute the Second 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.
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.
The City agreed to the First Amendment during the City Council Meeting held
August 13, 2012.
Attached is the Second Amendment to the Agreement, providing for a two-year
extension of the agreement from July 1, 2014, to June 30, 2016. The Second
Amendment to the Agreement would increase the current cost to the City of
$141,356 to $147,111. 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 (FY15-16), 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
Agenda Item G
complaints about Long Beach Animal Control services, and Long Beach has
been responsive to those complaints.
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
$5,755 for FY14-15 and increase in the range of 0-8% in FY15-16 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 FY13-14 was slated to be $141,356. However, following the
collection of animal license fees, the actual contract costs were $111,444.02. It
is anticipated that the same results will occur in FY14-15. The adopted budget
for FY14-15 allocates $119,900 for Animal Services_ It is anticipated that the
final invoice from Long Beach Animal Services for FY14-15 will fall at or below
that number. As such, no budget modification is required.
RECOMMENDATION:
That the City Council adopt Resolution No. 6500 authorizing the City Manager to
execute the Second 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.
SUBMIT-FED BY: NOTED AND APPROVED:
oe Stilinovich, Chief of Police ,Jil R. Ingram, City,Manager
Prepared by: Lt. Bob Mullins
Attachments:
A. Resolution No. 6500
B. Agreement for Animal Control Services with the City of Long Beach
C. Agreement Dated June 14, 2010 and Amendment No. 1
Page 2
RESOLUTION NUMBER 6500
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE SECOND AMENDMENT TO THE SERVICE
AGREEMENT WITH THE CITY OF LONG BEACH PROVIDING
ANIMAL CONTROL SERVICES
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves the Second Amendment to the
Agreement between the City of Seal Beach and the City of Long Beach for
contract animal control services to allow for two additional consecutive two-year
extensions to the agreement mutually agreed upon the provisions by both
parties.
Section 2. The City Council hereby authorizes the City Manager to execute the
Second 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 8th day of September , 2014 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 }
1, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6500 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 8th day of September , 2014.
City Clerk
1 SECOND AMENDMENT TO AGREEMENT NO. 31707
2
3 THIS SECOND AMENDMENT TO AGREEMENT NO. 31707 is made and
4 entered, in duplicate, as of June 25, 2014 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 June 17,
6 2014, 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
0
z 12 mutual agreement, to extend the term of the agreement and the parties desire to do so;
M E
0 0
13 NOW, THEREFORE, in consideration of the mutual terms and conditions in
>,tcN
C)
14 the Agreement and in this SECOND Amendment, the parties agree as follows:
LUMM
15 1. Section 1 of the Agreement is hereby amended in its entirety to read
0 LU
8
Luu v C 16 as follows:
LL
LL
0 17 "SECTION 1. TERM. This Agreement shall commence at 12:01 a.m. on
18 July 1, 2014, and shall terminate at midnight on June 30, 2016."
19 2. Section 4.C. is hereby amended in its entirety to read as follows:
20 'A.C. Compensation Schedule.
21 i. Year One (1). In the event and to the extent that the
22 total amount of 6ny and all fees retained by Long Beach does not equal or
23 exceed One Hundred Forty-Seven Thousand One Hundred Eleven Dollars
24 ($147,111.00) ("Annual Compensation") on June 30 of the first year period
25 of July 1, 2014 through June 30, 2015, 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
1
KLC;jp AI4-01285 (07-14-14)
LWp,skCtyLaw32kWPDoeskDO141P022\00468875,doc
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
Consumers, All Items, Base Period 1982-84=100, for the Los Angeles-
7 Riverside-Orange County, CA Area (February 2015 to February 2016), as
published by the United States Department of Labor, Bureau of Labor
9 Statistics (CUU 421SA0), 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
w w 12 Long Beach does not equal or exceed Adjusted Annual Compensation on
o
r-d 7� 13 June 30 of the second year period of July 1, 2015 through June 30, 2016,
ry
z®Q 14 then Seal Beach shall pay to Long Beach the difference between the total
15 fee as set forth in Section 4.A. and Adjusted Annual Compensation.
owom
W z - 16 Payment of the difference shall be made on or before July 31 of that same
U-5 J
17 year. In the event and to the extent that the total amount of all license fees
Cq
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."
21 1 Section 4,D. is hereby amended in its entirety to read as follows:
22 "4.D. Corrivensation in the Event of Termination. In the event of
23 termination of this Agreement pursuant to Section 7 or Section 9, Long
24 Beach shall retain Annual Compensation and 1 or Adjusted Annual
25 Compensation for services provided by Long Beach through the effective
26 date of the termination.
27 1. Year One (1). In the event and to the extent that the
28 total amount of any and all fees retained by Long Beach to the effective
2
KLC:Jp A10.012W (07-14-14)
L.lApps%C tyLaw32\W P®acs1D014\P022100468875.doc
1 date of termination does not equal or exceed Annual Compensation for
2 each month that the Agreement has been in effect until June 30, 2015, then
3 Seal Beach shall pay to Long Beach the difference between the total fees
4 as set forth in Section 4.A. to the effective date of termination and the dollar
5 figure obtained by multiplying Annual Compensation times the number of
6 months the Agreement was in effect between July 1, 2014 through June 30,
7
2015. A partial month shall be deemed a full month. Payment of the
8 difference shall be made within thirty (30) days after the effective date of
9 termination. Any excess fees shall be paid to Seal Beach.
10 ii. Year Two (2). In the event and to the extent that the
11 total amount of any and all fees retained by Long Beach to the effective
W 12 date of termination but prior to June 30, 2016 does not equal or exceed
E.E
13 Adjusted Annual Compensation for each month that the Agreement has
< O-D
14 been in effect until June 30, 2016, then Seal Beach shall pay to Long Beach
c-
a. 15 the difference between the total fees as set forth in Section 4.A. to the
0 mom
16 effective date of termination and the dollar figure obtained by multiplying
< 0
LL
0 U.
V) 17 Adjusted Annual Compensation times the number of months the Agreement
18 was in effect between July 1, 2015 through June 30, 2016. A partial month
19 shall be deemed a full month. Payment of the difference shall be made
20 within thirty (30) days after the effective date of termination. Any excess
21 fees shall be paid to Seal Beach."
22 4. Except as expressly amended in this Second Amendment, the terms
23 and conditions in Agreement No. 31707 are ratified and confirmed and shall remain in full
24 force and effect.
25 M
26 HI
27 HI
28 1H
3
KLC:jp A10-01285 (07-104)
L:\Apps\CtyLSW32XWPDocs\DO14TO22\00468875.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 , 2014 By
City Manager
6
"Seal Beach"
7
8 This Second Amendment to Agreement No. 31707 is approved as to form
9 on , 2014.
10 By.
11 City Attorney, Seal Beach
r �o
z ELLlq 12
0 291
<a�0 13
�o o CITY OF LONG BEACH, a municipal
m
W Y-:23 a 14 corporation
=Q `L 15
LLaiuc , 2014 By
o w o m City Manager
LU-J 16
IL=3EJ
o 0; 17 "Long Beach"
18
19 This Second Amendment to Agreement No. 31707 is approved as to form
20 on 2014.
21 CHARLES PARKIN, City Attorney
22 By.
23 Deputy City Attorney
24
25
26
27
28
4
KLC:ip A10-01285 (07-14-14)
L:1Apps\C tyLaw32\W PDocs\D014\P022\004 68875.doc
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 2010, by and
9 between the CITY OF LONG BEACH ("Long Beach"), and the CITY OF SEAL BEACH
10 ("Seal Beach").
11 RECITALS
lu E
12 WHEREAS, Seal Beach is a charter city authorized to provide animal
4' 13 control services to its residents; and
<
0 a<' 14 WHEREAS, Seal Beach has historically provided said services and has
o Z
LU Z
15 contracted with Long Beach for emergency back-up services but Seal Beach now desires
U_0910
0 Uj C'a
-
N v 16 that Long Beach provide full-time animal control services rather than just emergency
.> g C
Z U1 0
U_M _J
OOM
M 17 back-up services; and
C9
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)
1
LlbgA10-01285
LAAppsCtyLaw32kWP D=0028TO 1 M00203628DOC
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.
0
W E
Z 'IT 12 B. In performing the functions of a Department of Animal Control,
W =
C)<;:::(0
<
[z:4�7" 13 the Animal Control Services Officer of Long Beach shall serve as the managing
0 72
:;Z >
UZ 14 officer of animal control for Seal Beach and shall have the following duties:
LU Z
<
rZTZ M U
W 15 i. To enforce all Seal Beach ordinances and state laws
0
U_Uj 0 M
uj -,r, - 16 within Seal Beach city limits with respect to the keeping and harboring of
C
L UJ
L_03
C)0
17 animals;
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
2
UtgA10-01285
LAApps\CtyL3w32\WP DoGs1D0281P01 M002036 28.DOC
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
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 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
0
E U_ 12 are, in fact, licensed.
0<:
lz:�''2-- 13 Long Beach will provide the services listed above for an amount of
<0 ,
0,
0 0
0Z 14 time that averages approximately three (3) hours per day, or twenty-one (21)
UJ Z
<
�-:c 15 hours per week.
oujom
u i'-- -,:, a 16 C. Long Beach shall deliver to the Seal Beach Animal Care
0 cr-g C
a:LU 0
O U_CO
O M
cr M 17 Center, 1700 Adolfo Lopez Drive, Seal Beach, CA 90740 all animals that Long
M
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: (1) 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 Aves (birds) or the class Mammalia (mammals) that are not normally domesticated
3
LT:bg A10-01285
L;',Apps\CtyLaw32XWPDoeskDD281PO1 0100203628.DOG
0 0
1 in California or that are not native to California.
2 U 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,
(D
UJ FL
z 12 Long Beach shall indemnify, defend, and hold Seal Beach harmless from any liability
0<
r-0-2,0,� -- 13 imposed for injury (as defined by Government Code Section 810,8).occurring by reason
< -
Z� CD
>
0 Z5
-s< 14 of any acts or omissions on the part of Long Beach under or in connection with any work,
0 Z 0
UJ Z CO 0
<
= 15 authority, or jurisdiction delegated to Long Beach under this Agreement and Seal Beach
0
U- CU
a)
Uj 0 co
0
Lu�- -v ol 16 shall indemnify, defend, and hold Long Beach harmless from any liability imposed for
U-
(Y � C
0
O O M
re 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 X 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.
4
LT:bg AI0-01285
U AppsUyLaw32%WPDocs\D028kP01 0100203628.DOC
• •
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
�o
11 shall be made on or before July 31 of that same year. In the event and to
W E E 12 the extent that the total amount of all license fees retained by Long Beach
0< to
Q 'N 13 exceeds $131,333 on June 30 of that same year, then the excess shall be
p °Q 14 divided equally between Lon Beach and Seal Beach.
UZmU q Y 9
X 15 ii. Year Two (2). In the event and to the extent that the
ow000
w�- 16 total amount of any and all fees retained by Long Beach does not equal or
L w�J
O CO 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.
5
LT:bg A10-01285
L:W pps\CtyLaw32\W P DoeskD028\PO10\00203628.DO C
1 i. 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.
w E 12 ii. Year Two (2). In the event and to the extent that the
oa to
a 4�IT 13 total amount of any and all fees retained by Long Beach to the effective
z o a 14 date of termination but prior to June 30, 2012 does not equal or exceed
ia��
_ 15 Eleven Thousand Two Hundred Seven Dollars ($11,207) for each month
ou.iom
LU � (M 16 that the Agreement has been in effect until June 30, 2012, then Seal Beach
�
m� 0
o 0 M 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
6
LT:bg A10-01285
L:1Apps\C lyLaw321W P Docs\0028\PO10\00203628.DOC
0 0
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,C 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
z 0 12 and use humane methods in their destruction.
13 Failure of Seal Beach to enforce its contract with the Seal Beach Animal
;j >
-s
0 ID
< 14 Care Center within three (3) days after notice from Long Beach that the Seal Beach
QZ 00
UJ Z
15 Animal Care Center has refused to accept animals from Long Beach as described above
0 Ui 0 M
Lu 16 shall be a material breach of this Agreement between Seal Beach and Long Beach which
a:LU 0
U-M -J
OOV) ,
17 entities 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
7
LT:bg AI0-01285
L:VApps\CtyLaw32kWPDoeskDO28\PO1 0100203628.DOC
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.
} moo
Z o m 12 B. Each month during the term of this Agreement Long Beach
0 Q
a N P 13 will provide to the City Manager of Seal Beach a written record of the total dollar
z < 14 amount of license fees collected.
LL � m t 15 C. Long Beach shall maintain a record of all complaints received
Owpm
�
,5 a 16 and furnish to the City Manager of Seal Beach a written record of the complaints
� w�°co
O M 17 and the way in which complaints were handled. Long Beach will furnish this
M
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
8
LT:bg A10-01285
L:W pps\CtyLaw32\WPDocs\D028\P010\00203628.D OC
0 0
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
0
;5 12 amount which may become due to Long Beach or its successor, or for breach of any
<
13 obligation of the terms of this Agreement; nor shall any officer or employee of Long
0
>C)
0.5< 14 Beach be personally liable to Seal Beach, or any successor in interest, in the event of
UZ 00
LUZM
M< ,
U) 15 default or breach by Long Beach or for any amount which may become due to Seal
U_
oujom
w� i.- - 16 Beach or its successor, or for breach of any obligation of the terms of this Agreement.
LU 0
C)
LL CO
0
E 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 M
9
LT:bg AI0-01285
L:1Apps%CtyLaw321WPOocs\DO281P0I0\D0203628,i)OC
0 0
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 (Itz,1 2010 By
City Manager
"Seal Beach"
This Agreement is approved as to form on 2010.
By r
9 City Attorney
10
11 CITY OF LONG BEACH, a municipal
>- 0
torpor on Assistant City Manager
12
po
2010 By MCUTED PURSUANT
To SEcmm 301 OF
13
City ManageTHE CITY CKARTER.
0z 00, 14
UZ Z<
00 "Long ch"
UJ Z co
15
This Agreement is approved as to form on 2010.
oujom
on:
Lu�- a 16 v C
"O
U-Co s-j
OOM ROBERT E. SHANNO i Attorne
17
18 By
19 'Deputy
20
21
22
23
24
25
26
27
28
10
LT:bg AIO-01285
L:\AppsICtyLaw321WPDocskDO28\PO1=0203628.DOC
City of Long Beach
Animal Care Services Bureau
7700 Spring Street
Long Beach,CA 90815
•` Phone: (562) 570-7387 Fax: (562) 570-3053
www.longbeach.gov/acs Y
Long Beach, Signal Hill, Los Alamitos (Dogs Only)
Unaltered (1 year)........................................................ $90.00
Altered (1 year)............................................................$20.00
Senior Citizen Unaltered (1 year)..................................... $90.00
Senior Citizen Altered (1 year)......................................... $10.00
(Animal Owner must be at least 60 years old)
LateFee.....................................................................$30.00
(Effective 60 days after the expiration date of the license)
Cerritos (Dogs Only)
Unaltered (1 year).........................................................$20.00
Altered (1 year).............................................................$10.00
Senior Citizen Unaltered (1 year)......................................$10.00
Senior Citizen Altered (1 year)...........................................$5.00
(Animal Owner must be at least 60 years old)
" No Late Fee for Cerritos Residents "
Seal Beach (Dogs Only)
(Fees increased July 2008)
Unaltered (1 year).........................................................$65.00
Altered (1 year)............................................................$12.00
Senior Citizen Unaltered (1 year)......................................$32.50
Senior Citizen Altered (1 year)...........................................$6.00
(Animal Owner must be at least 60 years old)
No Late Fee for Seal Beach Residents
Alt Licenses for Seal Beach Expire December 31St
Replacement Tags (All Cities)...........................................$10.00
1 FIRST AMENDMENT TO AGREEMENT NO. 31707
2 31, 707
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 September 10, 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
0
U.
z E o 12 mutual agreement, to extend the term of the agreement and the parties desire to do so-,
<
0
1:��.6,-, 13 NOW, THEREFORE, in consideration of the mutual terms and conditions in
< 600 0
LO
Z :01>A?<cn
0 z 14 the Agreement and in this FIRST Amendment, the parties agree as follows:
L,Z on
<
=: 15 1 Section 1 of the Agreement is hereby amended in its entirety to read
ILL W
o Uj Can
uj -,5 c, 16 as follows:
0 0 rq
n 17 "SECTION 1. TERM. This Agreement shall commence at 12:01 a.m.
Cq
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.B.
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
GJA:ip AI0-01285 (08-15-12)
C:1UserslalkosoMppDatalLocaKTampinotesSAAA25108-15-12-Revised First Amendment-Contract 31707.DOC
1 exceed One Hundred For Thousand Three Hundred Fifty-Six Dollars
2 ($141,356) ("Annual Compensation") on June 30 of the first year period of
3 July 1, 2012 through June 30, 2013, then Seal Beach shall pay to Long
4 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
6 before July 31 of that same year. In the event and to the extent that the
7 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.
10 ii. Year Two (2). Annual Compensation shall be adjusted
11 by the percent change in the Consumer Price Index (CPI) for All Urban
At
12 Consumers, All Items, Base Period 1982- 4=100, for the Los Angeles-
0 °=
d 13 Riverside-grange County, CA Area (March 2013 to March 2014), as
0 a 14 published by the United States Department of Labor, Bureau of Labor
UJZM
_
15 Statistics (CUU 421SA0), which shall not be less than zero (0) and shall
U.
otaipm
W t- ,g g 16 not exceed eight percent (8%) ("Adjusted Annual Compensation"). In the
0� � c
U-m -`
oom
en 17 event and to the extent that the total amount of any and all fees retained by
18 Long Beach does not equal or exceed Adjusted Annual Compensation on
19 June 30 of the second year period of July 1, 2013 through June 30, 2014,
20 then Seal Beach shall pay to Long Beach the difference between the total
21 fee as set forth in Section 4.A. and Adjusted Annual Compensation.
22 Payment of the difference shall be made on or before July 31 of that same
23 year. In the event and to the extent that the total amount of all license fees
24 retained by Long Beach exceeds Adjusted Annual Compensation on June
25 30 of that same year, then the excess shall be divided equally between
26 Long Beach and Seal Beach."
27 Ill
28 111
2
GJA:jp A10-01285 (08-15-12)
C:tUsers%aikosof,AppD atalt-t>cahTempinotesBAAA25108-15-12-Revised First Amendment-Contract 31707.000
1 4. Section 4.D. is hereby amended in its entirety to read as follows:
2 'A.D. Compensation in the Event of Termination. In the event of
3 termination of this Agreement pursuant to Section 7 or Section 9, Long
4 Beach shall retain Annual Compensation and / or Adjusted Annual
5 Compensation for services provided by Long Beach through the effective
6 date of the termination.
7 i. Year One (1). In the event and to the extent that the
8 total amount of any and all fees retained by Long Beach to the effective
9 date of termination does not equal or exceed Annual Compensation for
10 each month that the Agreement has been in effect until June 30, 2013, then
11 Seal Beach shall pay to Long Beach the difference between the total fees
T p
w `LL 12 as set forth in Section 4.A. to the effective date of termination and the dollar
od��
r: 4 13 figure obtained by multiplying Annual Compensation times the number of
Q UP 0
ca o
c)o m< 14 months the Agreement was in effect between July 1, 2012 through June 30,
LLU 15 2013. A partial month shall be deemed a full month. Payment of the.ra
LO 0 UJ
0 cc
Lu� � c 16 difference shall be made within thirty (30) days after the effective date of
w O
U_ M J 17 termination. Any excess fees shall be paid to Seal Beach.
18 ii. Year Two (2). In the event and to the extent that the
19 total amount of any and all fees retained by Long Beach to the effective
20 date of termination but prior to June 30, 2014 does not equal or exceed
21 Adjusted Annual Compensation for each month that the Agreement has
22 been in effect until June 30, 2014, then Seal Beach shall pay to Long Beach
23 the difference between the total fees as set forth in Section 4.A. to the
24 effective date of termination and the dollar figure obtained by multiplying
25 Adjusted Annual Compensation times the number of months.the Agreement
26 was in effect between July 1, 2013 through June 30, 2014. A partial month
27 shall be deemed a full month. Payment of the difference shall be made
28 within thirty (30) days after the effective date of termination. Any excess
3
G1A:ip A10-01285 (08-15-12)
C:lUserslalkosol\AppDatalLocal lTempinotesBAAA25108-15-12-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 r
10
"Seal Beach"
11
4) C)
w E,,
z 12 This First Amendment to Agreement No. 31707 is approved as to form on
0
13 ))t64 2012.
C)ZOm<z 5,0M
C)ZO-T< 14 BY.
LU Z CO
15 '-City Attorney, Seal Beach
U-0 43 M
0 Uj M
WI-- a 16
L C
CITY OF LONG BEACH, a municipal
00"
17 corpor n Assistant City ManagE r
18
2012 By
19 City Manager -M PURSUANT
EXEC Jch" TO SECTION 301 OF
20 THE CITY CHARTM
21
22 This First Amendment to Agreement No. 31707 is approved as to form on
23 2012.
24 ROBERT SH NNON, City Attorney
25 By:
26 aty City Attorney
27
28
4
GJAjp AI0-03285 (M15-12)
C:\UserstalkosoftAppDatatLocallTempknotesSAAA25kO8-15-12-Revised First Amendment-Contract 31707 DOC