HomeMy WebLinkAboutItem J - Not Approvedv 11
AGENDA STAFF REPORT `
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DATE: February 27, 2017
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Joe Miller, Acting Chief of Police
SUBJECT: AGREEMENT WITH THE CITY OF LONG BEACH TO
PROVIDE ANIMAL CONTROL SERVICES
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6718 authorizing the City Manager to
execute the agreement between the City of Seal Beach and the City of Long
Beach to ensure continuous animal control services, and to implement Consumer
Price Index (CPI) adjustments.
BACKGROUND AND ANALYSIS:
On July 1, 2010, an 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. The City agreed to the Second Amendment to the agreement at the City
Council meeting held September 8, 2014. The Second Amendment to the
agreement provided for a two year extension of the agreement from July 1, 2014
to June 30, 2016.
Attached is the new Agreement, which would be effective from July 1, 2016
through June 30, 2018. It also allows 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 new Agreement would increase
the cost to the City from $150,657 to $158,190. This increase is in keeping with
the original Agreement to adjust 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.
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
Agenda Item J
Animal Care Center where strays are impounded. Overall, Long Beach Animal
Control Services has been responsive to the needs of the Seal Beach
community.
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 animal service costs would increase by $7,533 for FY16 -17 and increase in
the range of 0 -8% in FY17 -18 based on the Consumer Price Index for the Los
Angeles- Riverside - Orange County Area. The adopted budget for FY16 -17
allocates $162,300 for Animal Services. It is anticipated that the final invoice
from Long Beach Animal Services for FY16 -17 will fall at or below that number
following the collection of animal license fees.
RECOMMENDATION:
That the City Council adopt Resolution No. 6718 authorizing the City Manager to
execute the new agreement between the City of Seal Beach and the City of Long
Beach to ensure continuous animal control services, and to implement CPI
adjustments.
SUBMITTED BY:
t
Joe Mille , Acting Chief of Police
NOTED AND APPROVED:
Prepared by: Steve Bowles, Acting Support Services Commander
Attachments:
A. Agreement for Animal Control Services between the City of Long Beach and City of Seal
Beach
B. Resolution No. 6718
Page 2
"Attachment A"
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AGREEMENT FOR ANIMAL CONTROL
SERVICES BETWEEN THE CITY OF LONG BEACH
AND THE CITY OF SEAL BEACH
THIS AGREEMENT, made and entered, in duplicate, as of to be effective
as of July 1, 2016, for reference purposes only, pursuant to a minute order of the City
Council of the City of Long Beach at its meeting held June 14, 2016, and a Resolution of
the City Council of the City of Seal Beach adopted at its meeting held on
, 2016, by and between the CITY OF LONG BEACH ( "Long
Beach "), and the CITY OF SEAL BEACH ( "Seal Beach "),
RECITALS
WHEREAS, Seal Beach is a charter city authorized to provide animal
control services to its residents; and
WHEREAS, Seal Beach has historically provided said services and has
contracted with Long Beach for emergency back -up services but Seal Beach now desires
that Long Beach provide full -time animal control services rather than just emergency
back -up services; and
WHEREAS, the Long Beach Bureau of Animal Care Services is able and
willing to provide said services for Seal Beach on the terms and conditions stated in this
Agreement and, as a charter city, Long Beach is authorized by Section 111 of its Charter
to provide these services to Seal Beach; and
WHEREAS, Seal Beach desires to contract with Long Beach for
performance of animal control services within the boundaries of Seal Beach,
NOW, THEREFORE, in consideration of the mutual terms and conditions in
this Agreement, the parties agree as follows:
1. TERM, This Agreement shall effective as of 12:01 a.m. on July 1,
2016, and shall terminate at midnight on June 30, 2018, unless sooner terminated or
extended as provided herein. Seal Beach may extend the term of this Agreement for two
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(2) consecutive additional periods of two (2) years each by giving notice of its desire to
extend to Long Beach thirty (30) days prior to the end of the term or any individual
extension period. Upon mutual agreement of the parties to the terms of the extension,
the parties shall execute an amendment to this Agreement.
2. SERVICES.
A. Long Beach shall perform animal control services for Seal
Beach and perform the functions of a Department of Animal Control as set forth in
State law and Chapter 7.05 of the Seal Beach Municipal Code. In performing said
services and functions, Long Beach shall have all of the powers of Seal Beach's
Animal Control Officer, as if an employee or employees of Seal Beach were
performing the services and functions. Long Beach agrees to provide such
services to Seal Beach at the same level that it provides to the residents of Long
Beach
B. In performing the functions of a Department of Animal Control,
the Animal Control Services Officer of Long Beach shall serve as the Animal
Control Officer for Seal Beach and shall have the following duties pursuant to the
Seal Beach Municipal Code:
i. To enforce all Seal Beach ordinances and state laws
within Seal Beach city limits with respect to the keeping and harboring of
animals;
ii. To patrol the streets and beaches of Seal Beach,
whenever possible, to enforce the provisions of the Seal Beach Municipal
Code relating to animal control. Emergency service will be available
twenty -four (24) hours a day, seven (7) days a week,
iii. To investigate complaints of cruelty to animals brought
to the attention of the Animal Control Officer;
iv. To pick up and impound, on request from an authorized
representative of Seal Beach or any resident of Seal Beach, any stray dogs
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within the Seal Beach city limits and deliver them as described in sub-
section 2.0 below, except that Long Beach shall have no obligation to
accept stray animals or pets delivered to the Long Beach animal shelter by
residents of Seal Beach;
V. To promptly pick -up and care for injured animals and to
pick -up and dispose of dead animals;
vi. To issue license tags and license receipts to residents
of Seal Beach;
vii. To perform such duties with respect to the regulation
and protection of animals within Seal Beach as are specified in Chapter
7.05 of the Municipal Code, or as may be directed ffom time to time by the
City Manager of Seal Beach, or his /her designee;
viii. To maintain a telephone with a listed number which will
be answered twenty -four hours every day;
ix. To canvass households in Seal Beach during the term
of this Agreement to insure that all animals required to be licensed are, in
fact, licensed.
Long Beach will provide the services listed above for an amount of
time that averages approximately three (3) hours per day, or twenty -one (21)
hours per week, except that requests for resonses and telephone response
services shall not be declined because Long Beach's services provided exceed
the expected averages in any given week.
C. Long Beach shall deliver to the Seal Beach Animal Care
Center, 1700 Adolfo Lopez Drive, Seal Beach, CA 90740 all animals that Long
Beach impounds in Seal Beach and all animals delivered to the Long Beach
animal shelter which were found or kept within the City limits of Seal Beach.
Pursuant to the contract identified in Section 6, the Seal Beach Animal Care
Center shall hold the animals in accordance with Seal Beach ordinances and State
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laws relating to the keeping, harboring and disposition of animals, except that the
following animals will not be delivered to the Seal Beach Animal Care Center but
will be handled by Long Beach: (1) animals that require quarantine; (ii) animals
impounded as evidence in criminal cases; (iii) animals impounded in a case
alleging that the animal is vicious; (iv) animals that are prohibited by federal, state
or local law to be owned or kept by private citizens; and (v) animals in the class
Aves (birds) or the class Mammalia (mammals) that are not normally domesticated
in California or that are not native to California.
D. Except as provided in paragraph C, above, Long Beach shall
have no obligation under this Agreement to accept animals impounded in the city
limits of Seal Beach or animals brought to the Long Beach animal shelter after
being found or kept within the city limits of Seal Beach.
E. Long Beach shall furnish and supply all labor, supervision,
equipment and supplies necessary to furnish the level of service to be rendered
hereunder. In the event that supplies, stationery, forms, decals, notices, citations,
or any other material must be used that carries the name of Seal Beach, same
shall be supplied by Seal Beach at its own cost and expense.
F. With regards to coyotes, Long Beach ACS will respond to
emergency situations involving public safety, sick or injured animals, provide data
collection and monitoring, provide public education materials, and administrative
support. Long Beach ACS will not perform or participate in any way with trapping
and euthanizing coyotes in the City of Seal Beach unless there is a documented
attack on a human and only in coordination with the Department of Fish and
Wildlife.
3. INDEMNIFICATION. Pursuant to Government Code Section 895.4,
Long Beach shall indemnify, defend, and hold Seal Beach harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) occurring by reason
of any acts or omissions on the part of Long Beach under or in connection with any work,
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authority, or jurisdiction delegated to or performed by Long Beach under this Agreement
and Seal Beach shall indemnify, defend, and hold Long Beach harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) occurring by reason
of any acts or omissions on the part of Seal Beach under or in connection with any work,
authority, or jurisdiction performed by to Seal Beach under this Agreement.
4. FEES.
A. For and in consideration of the rendition of services pursuant
to this Agreement, Long Beach shall be entitled to and shall retain any and all
license fees and other fees authorized by the Seal Beach ordinances and
resolutions relating to animal control. In addition, Long Beach shall be entitled to
and shall retain all monies that it collects for the impounding, boarding, and
placement of animals. The fees for the impounding, boarding, and placement of
animals shall be those set forth in Long Beach's fee resolution, as periodically
amended, and as adopted by the Long Beach City Council. Long Beach shall
provide current copies of such free resolution to Seal Beach from time to time.
B. Seal Beach shall retain all fines established by the Seal
Beach Municipal Code for violations of animal control ordinances as set forth in
Seal Beach's Municipal Code and /or Comprehensive Fee Resolution.
C. Compensation Schedule.
i. Year One (1). 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 One Hundred Fifty Eight Thousand One Hundred Ninety Dollars
(5158,190.00) ( "Annual Compensation ") on June 30 of the first year period
of July 1, 2016 through June 30, 2017, 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
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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 (February 2017 to February 2018), as
published by the United States Department of Labor, Bureau of Labor
Statistics (CUURA421SA0), 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, 2017 through June 30, 2018,
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."
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 fees as compensation for services provided by Long Beach through
the effective date of the termination.
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 one twelfth (1112) of the
Annual Compensation for each of the number of months that the
Agreement has been in effect prior to June 30, 2017, then Seal Beach shall
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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 one twelfth (1/12) of the Annual Compensation
times the number of months the Agreement was in effect between July 1,
2016 through June 30, 2017. 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 fees shall be paid to Seal Beach
within thirty (30) days of the effective date of termination.
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, 2018 does not equal or exceed one
twelfth (1/12) of the Adjusted Annual Compensation for each month that the
Agreement has been in effect until June 30, 2018, 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 one twelfth (1/12) of the Adjusted Annual
Compensation times the number of months the Agreement was in effect
between July 1, 2017 through June 30, 2018. 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 fees shall be
paid to Seal Beach within thirty (30) days of the effective date of
termination."
E. Payments. Long Beach shall prepare and submit a bill to
Seal Beach every quarter, the first quarterly bill being submitted to Seal Beach on
or about October 1, 2016. Upon receipt of these quarterly bills, Seal Beach
agrees to make timely payments to Long Beach. In like manner, Long Beach
agrees to make timely payments to Seal Beach upon receipt of its bill for any
amounts owed to it as part of this Agreement.
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5. ENFORCEMENT. Seal Beach shall cooperate with Long Beach to
the fullest extent possible to enforce all Seal Beach ordinances relating to animal control
and to enable Long Beach to collect the fees due to Long Beach pursuant to this
Agreement.
6. SEAL BEACH ANIMAL CARE CENTER. During the term of this
Agreement, Seal Beach will enter and keep in effect a contract with The Friends of the
Seal Beach Animal Care Center, or other suitable entity, that requires the Seal Beach
Animal Care Center to accept animals from employees working in the Long Beach
Bureau of Animal Care Services, requires the Seal Beach Animal Care Center to hold the
animals in accordance with Seal Beach ordinances and State laws relating to the
keeping, harboring and disposition of animals, except as described in Section 2.0 above,
and requires the Seal Beach Animal Care Center to provide kennels, animal shelters, and
related services to enable Seal Beach to meet its obligations under this Agreement to
accept animals impounded by Long Beach within the city limits of Seal Beach and to
accept animals brought to the Long Beach animal shelter which were found within the city
limits of Seal Beach. Seal Beach will give any notices required by law regarding
destruction of animals and use humane methods in their destruction.
Failure of Seal Beach to enforce its contract with the Seal Beach Animal
Care Center within three (3) days after notice from Long Beach that the Seal Beach
Animal Care Center has refused to accept animals from Long Beach as described above
shall be a material breach of this Agreement between Seal Beach and Long Beach which
entitles Long Beach to terminate this Agreement.
7. ORDINANCES.
A. The Long Beach Municipal Code regulating animals will have
no force or effect or application to the services provided by Long Beach in Seal
Beach under this Agreement.
B. If the animal control ordinances of Seal Beach are amended
during the term of this Agreement, then Seal Beach shall, within ten (10) days after
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the effective date of the amendment(s), give notice to Long Beach of such
changes. Long Beach shall notify Seal Beach of any objections to the
amendments. If Seal Beach and Long Beach cannot come to a mutually
acceptable agreement concerning the amendments within thirty (30) days after the
original notice from Seal Beach, then Long Beach shall have the right to terminate
this Agreement by giving thirty (30) days notice to Seal Beach. In the event of
termination, neither party shall have any further obligation under this Agreement
except as provided in Section 4.
8. REPORTS.
A. Long Beach shall keep and maintain during the term of this
Agreement books and records pertaining to the licensing of animals, collection of
fees, impounding of animals, citations issued, warnings issued, and the
destruction of animals as these items relate to animals within the city limits of Seal
Beach. Said books and records shall be available for audit and examination by
Seal Beach during normal business hours of Long Beach and on reasonable
notice.
B. Each month during the term of this Agreement Long Beach
will provide to the City Manager of Seal Beach a written record of the total dollar
amount of license fees collected.
C. Long Beach shall maintain a record of all complaints received
and furnish to the City Manager of Seal Beach a written record of the complaints
and the way in which complaints were handled. Long Beach will furnish this
information, along with a written report on the operation of the Long Beach Bureau
of Animal Care Services as it pertains to Seal Beach, monthly to Seal Beach.
9. TERMINATION. Either party may terminate this Agreement by
giving the other party thirty (30) days prior notice, as described in Section 10 below.
10. NOTICE. Any notice hereunder by either party shall be in writing
and personally delivered or deposited in the U.S. Postal Service, first class, postage
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prepaid, addressed to Long Beach at 333 West Ocean Boulevard, Long Beach, California
90802 Attn: Bureau of Animal Care Services and to Seal Beach at 211 8th Street, Seal
Beach, California 90740 Attn: City Manager. Notice shall be deemed given on the date
deposited in the mail or on the date personal delivery is made, whichever first occurs.
11. AMENDMENT. This Agreement shall not be amended, nor any
provision or breach waived, except in writing signed by the parties which expressly refers
to this Agreement.
12. PROHIBITION AGAINST SUBCONTRACTORS OR ASSIGNMENT.
Long Beach shall not contract with any entity to perform in whole or in part the work or
services required hereunder without the written approval of Seal Beach. Neither this
Agreement nor any interest in this Agreement may be assigned or transferred, voluntarily
or by operation of law, without the prior written approval of Seal Beach. Any such
prohibited assignment or transfer shall be void.
13. NON - LIABILITY OF CITY OFFICERS AND EMPLOYEES. No
officer or employee of Seal Beach shall be personally liable to Long Beach, or any
successor in interest, in the event of any default or breach by Seal Beach or for any
amount which may become due to Long Beach or its successor, or for breach of any
obligation of the terms of this Agreement: nor shall any officer or employee of Long
Beach be personally liable to Seal Beach, or any successor in interest, in the event of
default or breach by Long Beach or for any amount which may become due to Seal
Beach or its successor, or for breach of any obligation of the terms of this Agreement.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire
understanding between the parties and supersedes all other agreements, whether oral or
written, with respect to the subject matter herein.
15. INDEPENDENT CONTRACTOR. In performing services hereunder,
Long Beach is an independent contractor and its employees are not employees or agents
of Seal Beach. In that regard, Seal Beach will not withhold taxes of any kind from fees
payable to Long Beach, will not obtain workers' compensation for or on behalf of
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employees of Long Beach, and will not provide any of the usual and customary benefits
or privileges for employees of Long Beach, including but not limited to compensation.
IN WITNESS WHEREOF, the parties have caused this document to be duly
executed with all formalities required by law as of the date first stated above.
CITY OF SEAL BEACH, a municipal
corporation
2016 By.
City Manager
"Seal Beach"
This Agreement is approved as to form on 2016.
By
City Attorney
CITY OF LONG BEACH, a municipal
corporation
2016 By
City Manager
"Long Beach"
This Agreement is approved as to form on 2016.
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CHARLES PARKIN, City Attorney
By
Deputy
11
Attach.m. ont k18,,
RESOLUTION NUMBER 6718
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE 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 Agreement between the City of
Seal Beach and the City of Long Beach for contract animal control services and
to allow for two additional consecutive two year extensions to the agreement if
mutually agreed upon by both parties.
Section 2. The Council hereby authorizes the City Manager to execute the New
Agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 27th day of February, 2017 by the following vote:
AYES: Council Members
NOES: Council Membe
ABSENT: Council Membe
ABSTAIN: Council Members
Sandra Massa - Lavitt, Mayor
ATTEST:
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that
the foregoing resolution is the original copy of Resolution Number 6718 on file
in the office of the City Clerk, passed, approved, and adopted by the City Council
at a regular meeting held on the 27th day of February, 2017.
Robin L. Roberts, City Clerk