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HomeMy WebLinkAboutItem MCity of Seal Beach Agenda Report Date: March 11, 2002 To: Honorable Mayor and City Council NO)�J From: John B. BahorskW City Manager 1 Subject: Amendment to Animal Shelter Agreement SUMMARY OF REQUEST: The original animal shelter agreement was executed on January 8,1996, and has remained unchanged since that time. Attachment A is the original agreement between the City of Seal Beach and the Friends of Seal Beach Animal Care Center Inc. Since 1996 there have been changes in State law governing animal control and the agreement was out of date in other areas. Staff held three meetings with the Friends of Seal Beach Animal Care Center Inc., to work out the details of the amendment. This agreement has been reviewed by the City Attorney and is now ready for City Council consideration. BACKGROUND: Attachment B is the proposed amendment to the animal shelter agreement and contains all the changes to the original agreement. The proposed amendments include changes to the following provisions: • Licensing — Under the terms of the original agreement the Friends group were responsible for facilitating licensing. The proposed amendment deletes that provision because the City's Animal Control Officers undertake that task. • Quarantine — This period has been expanded from 72 hours to 96 hours to meet current State Law. • Animal Control Officer Designation — Section 3 (C) has been revised to reflect current practice. Seal Beach no longer uses the County of Orange for this task; it has been changed to the City of Long Beach. • License Fees — Section 3 (D) has been deleted since it is no longer applicable. 0 • Termination — Under the terms of the previous agreement the Friends of the Seal Beach Animal Care Center and the City agreed to a 90 -day termination clause. The amendment extends the termination period to two years. This is a compromise position by both parties based on the following factors. First, fund raising was difficult because within 90 days the City could take back the shelter and any improvement could potentially be wasted. Secondly, the Friends were reluctant to make improvements to the shelter building with a short termination clause. Third, it would be nearly impossible to relocate or place the animal shelter in a new facility within 90 days. It was for these reasons a two -year termination notice is being recommended. • Breach Remedy - Originally this was 30 days and has been amended to provide 90 days to remedy a breach. No breach of the existing agreement has occurred since 1996, so the risk is very low that adding 60 days will make a significant difference. • Notices - This is an insignificant change that provides for three calendar days rather than the two calendar days in the original agreement. All other terns from the original agreement remain in effect and are acceptable to the Friends of the Seal Beach Shelter. Staff believes these changes will have a positive benefit on the ability of the Friends of the Seal Beach Shelter to increase fund raising and make improvements to the shelter facility. FISCAL IMPACT: No fiscal impact. RECOMMENDATION: Approve amendment to the animal shelter agreement and authorize the Mayor to execute the agreement. SUPPORTING DOCUMENTS: A. Original Animal Shelter Agreement B. Amendment to the Animal Shelter Agreement March 14, 2002 Mrs. Julie Shields for the Friends of the Seal Beach Animal Care Center 1300 Catalina Avenue Seal Beach, California 90740 Dear Julie, Forwarded are two (2) copies of Amendment No. 1 to the Animal Shelter Agreement. The Amendment was approved by the Seal Beach City Council at their regular meeting of March 11`", 2002. Upon execution of the Amendment by the "Friends," please return one (1) fully executed copy to the City to my attention. Thank you. very truly yours, Joanne M. Yeo, City Clerk City of Seal Beach Encl. SEAL BEACH ANIMAL CARE CENTER www.sbacc.org �tt�0 March 25, 2002 Ms. Joanne Yen City Clerk City of Seal Beach 211. Eighth Street Seal Beach, CA 90740 Dear Ms. Yeo: Attached is one signed copy of Amendment No. 1 to the Animal Shelter Agreement. Also. enclosed is a letter from a foundation to which we are applying for a grant for our shelter. On page 2 of that letter is stated one of the Foundation's requirements in order for the SBACC to be considered for a grant. Usually, the attached letters of good standing from the Treasury Department and from the California Franchise Tax Board are sufficient to prove our status as a non - profit organization. However, this particular organization wants a letter from our `legal counsel" stating that we are in compliance with the Internal Revenue Code. Julie Shields suggested that our City Attorney might be able to help us with this. She is calling him today about the matter. Would you be able to help us obtain such a letter? Please send it to me personally and I will include it in the packet I am preparing. Gratefully yours, __- ` Pierrette Manfredi, Ph.D. SBACC Secretary PS My home address is 4580 Candleberry Avenue, Seal Beach. Home telephone: (562) 596 -5970 cc Julie Shields, City Liaison P ,02 x 1700 Adolfo Lopez Drive Telephone: (562) 430 -4993 Fax: (562) 594 -0003 Bankof America. March 8, 2002 Genevieve Van De Merghel Development Coordinator Seal Beach Animal Care Center 1700 Adolfo Lopez Dr. Seal Beach, CA 90740 Re: Irene C. Evans Charity Dear Ms. Van de Merghel Bank of America Vriwte Bank 730 15th Street. NW, 3M Floor Washington. or 2"5 The Trustees of the Irene C. Evans charity Trost will soon be considering making grants to qualified organizations in accordance with the terns and provisions of the charitable trust created by Mrs. Evans. Your organization may qualify for consideration. The sole responsibility and discretion for disbursement of funds from the Trust rest with the Trustees. We have Bought the advice of the Humane Society of the United States and have, with their assistance, prepared an information form. In order to assist us, please complete the enclosed form and return it to us at Irene C. Evans Charity c/o W. Judson Ready 1X I- 701 -03 -01 Bank of America 730 15" Street, NW Washington, D.C. 20005 Please note that the fore and the additional materials listed on the form must be received on or;l� fore A„gx1,2001 "in order for your organization to be considered. Responding to the form, however, does not assure your organization of receiving funds. This year over one hundred organizations are expected to apply. Grants will be awarded by the end of May. Because of the number of applicants, we do not notify organizations that are not selected. In selecting charitable organizations to share the income of the trust, the Trustees must be guided by the terms of the trust that each beneficiary organization be "described in each of the Sections 170(c) and 501(c) (3) of the'Internal Revenue Code." USA 0,1....11... March 8, 2002 Page 2 With respect to the requirement that your organization be described in each of Code Sections 170 (c) and 501 (c) (3), we require advice from your legal counsel that your organization has received a determination from the Internal Revenue Service (which has not expired or been revoked or terrainated) that it is exempt from Federal Income Tax as an organization described in Code Section 501 (c) (3) and that contributions to it are deductible by donors as provided in Code Section 170. We look forward to receiving the completed information foray with the accompanying material and your counsel's opinion letter. Please note that incomplete applications will not be reviewed. All information will be treated confidentially. Since ely, Pasek Q Private Bank Officer (202) 624 -4678 (202) 624 -5515 Fax Enclosure Intemal Revenue Service District Director FRIENDS OF SEAL BEACH ANIMAL CARE CENTER, INC 1700 ADOLPHO LOPEZ DRIVE SEAL BEACH.-CA 90740 -5605 Dear Taxpayer: Department of the Treasury P.O. Box 2350, Lou Angola$, Calif. 00053 Person to Contact: L BARRAGAN Telephone Number. (213) 894 -2336 Refer Reply to: EO(1223)96 Date: DECEMBER 27, 1996 EIN: 33- 0192138 This letter is in response to your request for a copy of the determination letter for the above named organization. Our records indicate this organization was recognized to be exempt from Federal Income Tax in AUGUST 1986 as described in Internal Revenue Code Section 501(c)(3). It is further classified as an organization that is not a private foundation as defined in Section 509(a) of the Code, because it is an organization described in Section 170(b)(1)(A)(vi). The exempt status for the determination letter issued in AUGUST 1986 continues to be effect. If you need further assistance, please contact our office at the above address or telephone number. Sincerely, Disclosure Assistant IfIle� * `-"5^ 7 1986 P.O. 90x 802957 SACRAMENTO. CA 80257 -0026 In reply rater to : -7-75-7-3 RG Date : Oa +Obcr �e.l Fricnds oii Sect tiexch Qri. Al CcrcCa.44r 1100 AADIfo Lq,L br. Snal Bcweh, CA 90 }40 Fr, ,is 1)1383t. 51- EXEMPT LETTER OF GOOD STANDING ' + Can 10 — a8 — qI. The above designated organization is currently exempt from tax under Section 23701 KI of the Bank and Corporation Tex law and Is In good standing with this office at the present time. Public Service Information Telephone: 1 -(800) 852 -5711 LcLl�. �x�TiuY- .• Q.+�;..s:t 7 ��Ple m wOpoe7Oaen -nt