HomeMy WebLinkAboutSupplemental Information Received after Posting of Agenda Item B, G, JRobin Roberts
From: Jill Ingram
Sent: Monday, February 27, 2017 11:02 AM
Cc: Craig A. Steele (CSteele @rwglaw.com); Robin Roberts; Patrick Gallegos; Steve Myrter;
Joe Bailey; Joe Miller; Vikki Beatley; Crystal Landavazo
Subject: RE: questions for tomorrow
Attachments: Questions forCM.pdf; AGMT - Long Beach City of (Animal Control Services).pdf
BCC: CITY COUNCIL
Please see attached Council agenda questions from Councilman Moore, staffs responses, and related attachment. Staff
will address any additional questions at the meeting tonight if necessary.
As always, please call me if you would like to discuss further.
Jill R. Ingram, City Manager
City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740
(562) 431 -2527 Ext. 1300
FAA
For Information about Seal Beach, please see our city website: http: /hvww.seatbeachca.gov
NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an
employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately
delete the message and any attachments without copying or disclosing the contents. Thank you.
From: Thomas Moore
Sent: Sunday, February 26, 2017 9:09 PM
To: Jill Ingram; Patrick Gallegos
Subject: questions for tomorrow
Here are my questions for tomorrow night's meeting.
Thanks!
Sincerely,
Tom
Thomas Moore
Council Member, District 2 — Leisure World, College Park West and Rossmoor Center
City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740
(562) 431 -2527 x1502
0
For Information about Seal Beach, please see our city website: hitp:llwww.sealbeachca.aov
NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an
employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately
delete the message and any attachments without copying or disclosing the contents. Thank you.
Questions for 2/27/2017 Meeting
ITEM B:
Check # 115602 — Dekra -lite
What is this? Dekra -lite is used to manage and install various flags /banners on poles
throughout the City.
Check # 115609 — Government Financial Services $5,050
What is this for? This payment is for a consultant used to prepare and file the City's State
Controllers' Report.
Check # 115631— South Calif Gas company
One item is $2,149.83; Seems high for a monthly gas bill; Is this a set of buildings? The amount
in your inquiry, $2,149.83, is part of check 115632 to Standard Insurance Company (page 6), not for
Southern California Gas Company.
Check # 115642 — Advantec $9,200
TIA review? Engineering consulting services used for reviewing Traffic Impact Analysis on
behalf of the City.
Check # 115656 — City of Long Beach $13,923.50
What is this for? Quarterly payment for contract Animal Control Services.
Check # 115676 — Hotschedu les. com
Sounds kind of odd? This is a monthly payment for an electronic scheduling program used by
the Marine Safety division to schedule the part-time Lifeguards.
ITEM G:
Why two Tacoma's that appear the same priced differently from Police to Marine? The Marine
Safety vehicle requires a 4X4 vehicle for the beach environment. The Police Department vehicle does
not require a 4x4 vehicle.
ITEM J:
Can we see the original agreement? Can we see the reference in original agreement to CPI mentioned
on staff report background and analysis? See email attachment.
PREVIOUS MEETING QUESTIONS FOLLOW UPS:
ITEM B:
Cypress FC- $4,160
Why are we renting fields in Cypress? We are not renting fields in Cypress. As indicated
previously, this is a refund to a group, Cypress FC (Futbol Club), who paid for the rental of
facilities in Seal Beach and then canceled the rental.
Earthlink-
Did we stop paying this? Not yet. This is for the maintenance of the original City URL, ci.seal-
beach.ca.us.
1
2
3
4
5
6
7
8
9
10
11
i T O
Z oc 12
O � � a
Q 13
>O ym
YOU
14
waem
15
owom
N
m
16
ocM 17
1
18
19
20
21
22
23
24
25
26
27
28
SECOND AMENDMENT TO AGREEMENT NO. 31707
31707
THIS SECOND AMENDMENT TO AGREEMENT NO. 31707 is made and
entered, in duplicate, as of June 25, 2014 for reference purposes only, pursuant to a
minute order of the City Council of the City of Long Beach at its meeting held on June 17,
2014, and a minute order of the City Council of the City of Seal Beach at its meeting held
on 9/8/14 , by and between the CITY OF LONG BEACH ( "Long Beach "),
and the CITY OF SEAL BEACH ( "Seal Beach ").
WHEREAS, the parties entered Agreement No. 31707 whereby Long
Beach agreed to provide animal control services to Seal Beach; and
WHEREAS, the Agreement contains a provision allowing the parties, by
mutual agreement, to extend the term of the agreement and the parties desire to do so;
NOW, THEREFORE, in consideration of the mutual terms and conditions in
the Agreement and in this SECOND Amendment, the parties agree as follows:
1. Section 1 of the Agreement is hereby amended in its entirety to read
as follows:
"SECTION 1. TERM. This Agreement shall commence at 12:01 a.m. on
July 1, 2014, and shall terminate at midnight on June 30, 2016"
2. Section 4.C. is hereby amended in its entirety to read as follows:
4.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 Forty -Seven Thousand One Hundred Eleven Dollars
($147,111.00) ( "Annual Compensation ") on June 30 of the first year period
of July 1, 2014 through June 30, 2015, 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
1
KLC,p A10 -01285 (01- 14 -14)
L Wpps{CtyLaw32PNPDocs\D0141PZ2 \00468895 do
1
2
3
4
b
6
7
8
9
10
11
T °
Z
FL Q 12
k >�o 13
a-
U��
~Z =Q 14
W 2CO
�a2 15
o w V y
Oa'
>° m 16
LL = > J
ou 17
18
19
20
21
22
23
24
25
26
27
28
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 Ail urban
Consumers, All Items, Base Period 1982 -84 =100, for the Los Angeles -
Riverside- Orange County, CA Area (February 2015 to February 2016), as
published by the United States Department of Labor, Bureau of Labor
Statistics (CLIURA421SAO), 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, 2015 through June 30, 2016,
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."
3. 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
2
KLC'.IP A10 -01285 (07- 14 -14)
L:WppslClyle 32 \WPOMS \0014 \P022100468675,doc
1
2
3
4
5
6
7
8
9
10
11
i ), O
z wc, 12
K` 13
Q �a
W�m`a' 14
�a 0 15
0,om
N
P
16
LL =3�
o° 17
18
19
20
21
22
23
24
25
26
27
28
date of termination does not equal or exceed Annual Compensation for
each month that the Agreement has been in effect until June 30, 2015, 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, 2014 through June 30,
2015. 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.
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, 2016 does not equal or exceed
Adjusted Annual Compensation for each month that the Agreement has
been in effect until June 30, 2016, 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, 2015 through June 30, 2016. 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."
4- Except as expressly amended in this Second Amendment, the terms
and conditions in Agreement No. 31707 are ratified and confirmed and shall remain in full
force and effect.
KLC4p H10 -01285 (07- 14 -14)
L: 4pps \CryLaw021WPDcm \0014 \P022 \80468875 coc
3
s�
kQ�
Q:ai?
}Uim
r
z;U
0
W Y�mU
owom
J
N
LL = > J
0U,
m
2
3
4
5
6
7�
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
r
f.' Z,' 2014
CITY OF SEAL BEACH, a municipal
corporation
By \�v.eiv ,L i4vin► ua.,rnr
%1921 KK;I 1 Dli
City Manag(er
,,ThisyySecond Amendment to Agreement No. 31707 is approved as to form
on Si� n�"X�%tYLlt//1 Y : 2014.
t '
City Attorney, Seal Beach
CITY OF LONG BEACH, a municipal
corporation Assistant City'Man ger
!" G EXECUTEC PUR 3UANT
t.. f FIr J uli I 2 � J J l L��_ TO SE Y CIT C 3
14 By RTER.
/1 City Manager
"Long Beach"
This Second Amendment to Agreement No. 31707 is approved as to form
on y,t8V11 �Jf Y l 2 2014.
KLD:;p A10 -01285 {07- 14 -14�
L.\ Apps \Gty L.w32\WPO.cs \D014 \P0221004668P5 dm
0
CHA . LES PARI IN, City Attorney
By:
e ty City tomey
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 Septtefmberr, 2014 by the following vote:
AYES: Council Members)
NOES: - Council Members
ABSENT: Council Members
ABSTAIN: Council Members__ y r
ATTEST:
ty Jerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
Mayor
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 6500 on rile 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.
r
City Clerk
ro
W N o
W c
Mrt
oz�q
QU�a
m
>Z Vm
U) z
wzm
�_MU
LL �
0 pm
W H y Q.
u x y -
m' 0
o o m
�m
1
2
3
4
F;
a
7
8
9i
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
FIRST AMENDMENT TO AGREEMENT NO. 31707
3.707
THIS FIRST AMENDMENT TO AGREEMENT NO. 31707 is made and
entered, in duplicate, as of October 1, 2011 for reference purposes only, pursuant to a
iI mini rfo nrriar of fhe City (.n4inri1 of thin Cih, of 1 nnn P..,h nt ifo meefinn ho! 1 f A4„ 1C
2012, and a minute order of the City Council of the City of Seal Beach at its meeting held
on September 10, 2012, by and between the CITY OF LONG BEACH ( "Long Beach "),
and the CITY OF SEAL BEACH ( "Seal Beach ").
WHEREAS, the parties entered Agreement No. 31707 whereby Long
Beach agreed to provide animal control services to Seal Beach, and
WHEREAS, the Agreement contains a provision allowing the parties, by
mutual agreement, to extend the term of the agreement and the parties desire to do so;
NOW, THEREFORE, in consideration of the mutual terms and conditions in
the Agreement and in this FIRST Amendment, the parties agree as follows:
as follows:
1. Section 1 of the Agreement is hereby amended in its entirety to read
"SECTION 1. TERM. This Agreement shall commence at 12:01 a.m.
on July 1, 2012, and shall terminate at midnight on June 30, 2014."
2. Section 2.6(ii) is hereby amended in its entirety to read as follows:
iw.j
ii. To patrol the streets and beaches of Seal Beach, 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;"
3. Section 4.C. is hereby amended in its entirety to read as follows:
"4.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
1
GJA:jp A10 -01285 (08- 15 -12)
C \ Users %alkas RApp Bate \LocahTemp \notesBAAA2S08 -15 -12 - Revised First Amendment - Contract 317VI)OC
1
2
3
4
5
6
7
8
9
10
11
T �
W
w E ° 12
LL
0
T
Q��g 13
� 0 , M
v za< 14
wzm
__ 15
~mod@
0 to 0 cc
w F_ c, 16
UI y c
m3
Q o M
LL�
LL 17
�M
M
18
19
20
21
22
23
24
25
26
27
28
exceed One Hundred Forty -One Thousand Three Hundred Fifty -Six Dollars
(8141,356) ("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 (CUURA421SA0), which shalt 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\ Users \alkosoPAppDala�Lo allTetnp�notes6AAA25108- 15 -12- Revised First Amendment- Contract 31707.DCC
W LL
o0
aVpo
�C) ,m
UZ Oa
W Z ca U
H = N U
owom
W F-
U 0: y c
L m 3 J
o o n
own
n
1
2
3
4
.ri
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
Cmmnnncafinn fnr cervica.c rimviriori by I nnn Ronrh thmi inh tho affortivo
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. 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.
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:1 Users \alkcsoMppDatalLocahTemp\n tes8AAA2SC8 -15 -12 - Revised Rrst Amerdmenl - Contract 31707 -DOC
T 0
N
W E LL
oa�y_T
QU
> Z > rn
U Z om Q
,Z M U
=
� N U
vm
LL V d
U W O M
W H N v
U K m c
LL M J
W M
o C X M
M
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
fees shall be paid to Seal Beach."
5. Except as expressly amended in this First Amendment, the terms
11 and conditions in Agreement No. 31707 are ratified and confirmed and shall remain in full
II force and effect.
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.
�I 2012
CITY OF SEAL BEACH, a municipal
corporation
.2 'L
"Seal Beach"
This First Amendment to Agreement No. 31707 is approved as to form on
n 2012.
6.K�--
By o
City Attorney, Seal Beach
CITY OF LONG BEACH, a municipal
corp or n Assistant City
2012 By
City Manager
DCECUTED PURSUANT
"Long Chi To SEC11ON 301 OF
THE CITY CHARTER.
This First Amendment to Agreement No. 31707 is approved as to form on
2012.
ROBERT . SHPAN NON, City Attorney
By:
ty City Attorney
4
GJAjp A10 -01285 (08- 15 -12)
C:\Users\alkcsoMppDai % Local \Temp\notes8AAA25108 -15 -12 -Revised First Amendment - Contract 3!707 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 (f
I
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 T 2010, by and
9
between the CITY OF LONG BEACH ( "Long Beach "), and the CITY OF SEAL BEACH
10
( "Seal Beach ").
11
RECITALS
ra
Z o LL a
12
WHEREAS, Seal Beach is a charter city authorized to provide animal
o¢�°
2 a o
13
control services to its residents; and
a
Uo o Q
14
WHEREAS, Seal Beach has historically provided said services and has
_
15
contracted with Long Beach for emergency back -up services but Seal Beach now desires
O W Q m
W � - m
w y O
16
that Long Beach provide full -time animal control services rather than just emergency
LLmU ��
o m
17
back -up services; and
18
WHEREAS, the Long Beach Bureau of Animal Care Services is able and
19
willing to provide said services for Seal Beach on the terms and conditions stated in this
20
Agreement and, as a charter city, Long Beach is authorized by Section 111 of its Charter
21
to provide these services to Seal Beach; and
22
WHEREAS, Seal Beach desires to contract with Long Beach for
23
performance of animal control services within the boundaries of Seal Beach;
24
NOW, THEREFORE, in consideration of the mutual terms and conditions in
25
this Agreement, the parties agree as follows:
26
1. TERM. This Agreement shall commence at 12:01 a.m. on July 1,
27
2010, and shall terminate at midnight on June 30, 2012, unless sooner terminated or
28
extended as provided herein. Seal Beach may extend this Agreement for two (2)
1
LT.bg A10 -01285
L:Wpps \CtyLaw32\WPDoms D028 \P010100203628.DOC
1
2
3
4
5
6
7
8
9
10
11
T p
N
W `LL 12
oQ -�°
< C) 13
�Z"
wZ < 14
15
� U) 8
owom
16
UO_dc
LL m � J
LL 17
o�M
M
18
19
20
21
22
23
24
25
26
27
28
u
U
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. In performing
said services and functions, Long Beach shall have all of the powers of Seal
Beach as if 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 managing
officer of animal control for Seal Beach and shall have the following duties:
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 Services 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
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
2
LT:bg A10 -01285
L:VApps \CtyLaw32 \WPDocs D028 \P010W0203628. DOC
0
1
residents of Seal Beach;
2
V. To promptly pick -up injured animals and to pick -up
3
dead animals;
4
vi. To issue license tags and license receipts;
5
vii. To perform such duties with respect to the regulation
.6
and protection of animals within Seal Beach as directed from time to time
7
by the City Manager of Seal Beach;
8
viii. To maintain a telephone with a listed number which will
9
be answered twenty -four hours every day; and
10
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
T 0
w `LL
12
are, in fact, licensed.
oa�q
- g
a
13
Long Beach will provide the services listed above for an amount of
z
ZQ
14
time that averages approximately three 3 hours per da Y. or twenty-one (21)
0 U
wz
_
15
hours per week.
Ow0m
W � — a
Oaf w o
16
C. Long Beach shall deliver to the Seal Beach Animal Care
LL w 0
o ° M
17
Center, 1700 Adolfo Lopez Drive, Seal Beach, CA 90740 all animals that Long
18
Beach impounds in Seal Beach and all animals delivered to the Long Beach
19
animal shelter which were found or kept within the City limits of Seal Beach.
20
Pursuant to the contract identified in Section 6, the Seal Beach Animal Care
21
Center shall hold the animals in accordance with Seal Beach ordinances and State
22
laws relating to the keeping, harboring and disposition of animals, except that the
23
following animals will not be delivered to the Seal Beach Animal Care Center but
24
will be handled by Long Beach: (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:Wpps \CtyLaw32\WPDoo kD028 \P010 \00203628.DOC
1
in California or that are not native to California.
2
D. Long Beach shall have no obligation under this Agreement to
3
accept animals impounded in the city limits of Seal Beach or animals brought to
4
the Long Beach animal shelter after being found or kept within the city limits of
5
Seal Beach.
6
E. Long Beach shall furnish and supply all labor, supervision,
7
equipment and supplies necessary to furnish the level of service to be rendered
8
hereunder. In the event that supplies, stationery, forms, decals, notices, citations,
9
or any other material must be used that carries the name of Seal Beach, same
10
shall be supplied by Seal Beach at its own cost and expense.
11
3. INDEMNIFICATION. Pursuant to Government Code Section 895.4,
T
d
wE° LL
� �ttap
12
Long Beach shall indemnify, defend, and hold Seal Beach harmless from any liability
Oa :q
g
13
imposed for injury (as defined by Government Code Section 810.8) occurring by reason
a
5 o a
14
of an acts or omissions on the art of Lon Beach under or in connection with an work,
Y P 9 Y
UZ o�
WZm
=a .t
U)
15
authority, or jurisdiction delegated to Long Beach under this Agreement and Seal Beach
owom
W � -, a
U cf a
16
shall indemnify, defend, and hold Long Beach harmless from any liability imposed for
U W 0
O ° M
17
injury (as defined by Government Code Section 810.8) occurring by reason of any acts or
18
omissions on the part of Seal Beach under or in connection with any work, authority, or
19
jurisdiction delegated to Seal Beach under this Agreement.
20
4. FEES.
21
A. For and in consideration of the rendition of services pursuant
22
to this Agreement, Long Beach shall be entitled to and shall retain any and all
23
license fees and other fees authorized by the Seal Beach ordinances and
24
resolutions relating to animal control. In addition, Long Beach shall be entitled to
25
and shall retain all monies that it collects for the impounding, boarding, and
26
placement of animals. The license and other fees shall be those set forth in Long
27
Beach's fee resolution, as periodically amended, and as adopted by the Long
28
Beach City Council.
4
LT:bg A10 -01285
L: Apps1CtyLaw32MPDocs \D028\P3f 0\00203628. 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
11
shall be made on or before July 31 of that same year. In the event and to
T
12
the extent that the total amount of all license fees retained by Long Beach
Oa�Y
0
13
exceeds $131,333 on June 30 of that same year, then the excess shall be
a >o
zm <
14
divided equally between Long Beach and Seal Beach.
_
15
ii. Year Two (2). In the event and to the extent that the
ouo0
W m
U y
16
total amount of any and all fees retained by Long Beach does not equal or
a: W
oon
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 Apps lCtyLaW321WPDoc510028 \P010100203626. DOC
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.
r
>�o
E
W LL
12
ii. Year Two (2). In the event and to the extent that the
C)
k a o
13
total amount of any and all fees retained by Long Beach to the effective
>m
5 z o a
14
date of termination but prior to June 30, 2012 does not equal or exceed
=<
2
15
Eleven Thousand Two Hundred Seven Dollars ($11,207) for each month
OWOM
W —
U y o
16
that the Agreement has been in effect until June 30, 2012, then Seal Beach
LL m � J
O 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'. W pps \ClyLaw321W PDOOeTOMP 010 \00203628. DOC
T
WO O
� O
r
oa�y
_T
�a
v
�ozo<
w,00
H= N U
ou;om
UK O c
>>d
F m > J
O p 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
U
Agreement, Seal Beach will enter and keep in effect a contract with The Friends of the
Seal Beach Animal Care Center 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 relatina to the keeoin,a. harborina 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 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
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
7
LT:bg A10 -01285
L: W pps \CtyLaw32 \W POacsID0281P 010100203628. DOC
0
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.
>v0
z 0 t
12
B. Each month during the term of this Agreement Long Beach
k 0
13
will provide to the City Manager of Seal Beach a written record of the total dollar
z o a
14
amount of license fees collected.
'Zu
_
15
C. Long Beach shall maintain a record of all complaints received
ou;om
� m
U Y ;5 w o
16
and furnish to the City Manager of Seal Beach a written record of the complaints
LL m 0
O W M
17
and the way in which complaints were handled. Long Beach will furnish this
18
information, along with a written report on the operation of the Long Beach Bureau
19
of Animal Care Services as it pertains to Seal Beach, monthly to Seal Beach.
20
9. TERMINATION. Either party may terminate this Agreement by
21
giving the other party thirty (30) days prior notice, as described in Section 10 below.
22
10. NOTICE. Any notice hereunder by either party shall be in writing
23
and personally delivered or deposited in the U.S. Postal Service, first class, postage
24
prepaid, addressed to Long Beach at 333 West Ocean Boulevard, Long Beach, California
25
90802 Attn: Bureau of Animal Care Services and to Seal Beach at 211 8th Street, Seal
26
Beach, California 90740 Attn: City Manager. Notice shall be deemed given on the date
27
deposited in the mail or on the date personal delivery is made, whichever first occurs.
28
11. AMENDMENT. This Agreement shall not be amended, nor any
8
LTb9 A10 -01285
L. WppslCtyLaw32 \W PDocs \D028 \P010\00203628.DOC
T 0O
W 0 O
LL
Q>.�Y
Q U m
z >°
ym
U2 �Q
,Z O U
H = m u
LLN y �p
O W Q m
W rn
U0! mo
LL m 0
LLQm
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
i
17
18
19
20
21
22
23
24
25
26
27
28
0
C]
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 Sea! 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 Sea! 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
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.
LT:bg A10.01285
L.fApps\Cty Law32 \W PDocs1D028 \P010100203628. DOC
0
1
2
3
4
5
6
7
8
9
10
11
T p
v
12
C:
12
OQ
aU 13
z 14
,Z m U
�= 15
Ou pm
C 16
E m > 0
oO ; 17
M
18
19
20
21
22
23
24
25
26
27
28
to
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.
2010
CITY OF SEAL BEACH, a municipal
corporation
By 2- c�
City Manager
"Seal Beach"
This Agreement is approved as to form �on '2010.
By
City Attorney
CITY OF LONG BEACH, a municipal
corpor 'on. Assistant City i''ianager
1 • EXECUTED PURSUANT
�Y 2010 By rr.-noN 301 OF
City ManageTHE CITY CHARTER.
"Long ch" //
This Agreement is approved as to form on to / 2'Z- , 2010.
LT`bg Ala -01285
L: VAPPSkCtyLaw32\W P DOCS%D0281P010100203628. DOC
ROBERT E- SHANNO i a Attorne
By
Deputy
i][i]
City of Long Bench
Animal Care Services Bureau Ily
7700 Spring Street
Long Beach, CA 90815
Phone: (562) 570 -7387 Fax: (562) 570 -3053
www.longbeach.00v/acs
u93e +Ia.u. {'ar9.W.
Long Beach, Signal Hill, Los Alamitos (Dogs Only)
Unaltered (I 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 **
All Licenses for Seal Beach Expire December 31st
Replacement Tags (All Cities) .................. .........................$10.00