HomeMy WebLinkAboutCC Res 7426 2023-06-26 RESOLUTION 7426
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE AGREEMENT FOR
ANIMAL SHELTER SERVICES WITH WESTMINSTER
ADOPTION GROUP AND SERVICES AND TERMINATING
AGREEMENT FOR ANIMAL SHELTER OPERATION WITH
FRIENDS OF SEAL BEACH ANIMAL CARE CENTER, INC.
WHEREAS, in May 2022, the Seal Beach City Council directed the Seal Beach Police
Department to provide in-house animal control services for the Seal Beach community;
and,
WHEREAS, pursuant to the Seal Beach City Charter, Seal Beach Municipal Code
Chapter 3.20 establishes a central purchasing system including procedures for
competitive bidding and exemptions from competitive bidding; and,
WHEREAS, Seal Beach Municipal Code Section 3.20.025(C) provides for an exemption
from competitive bidding requirements for purchases of professional services, including
without limitation, architectural services; bond services; election services; engineering
services; insurance services; legal services; public relations services; real estate
services; and solid waste disposal services; and,
WHEREAS, on January 31 , 2023, the City issued a Request for Proposals from qualified
firms and organizations to provide professional animal shelter services for the City, with
services to commence July 1, 2023; and,
WHEREAS, based on the City's review of all proposals received, the City has determined
that the Westminster Adoption Group and Services ("WAGS") is most qualified to perform
animal shelter services for the City; and,
WHEREAS, City and WAGS desire to enter into an Agreement for WAGS to provide
animal shelter services for the City for a two-year term; and,
WHEREAS, the City and the Friends of Seal Beach Animal Care Center, Inc. ("SBACC")
are parties to a Purchase and Sale Agreement dated September 23, 2004 ("Purchase
and Sale Agreement") whereby the City transferred ownership of certain real property
located at 1700 Adolfo Lopez Drive, Seal Beach, Ca 90740 (the "Property") to SBACC for
$1 dollar on condition that SBACC provide animal shelter services for the City and general
public at the Property; and,
WHEREAS, the Purchase and Sale Agreement further provides that only animal shelter
services may be performed on the Property, and that the Property shall revert to the City
if SBACC ceases providing all animal shelter services at the Property; and,
WHEREAS, in accordance with the Purchase and Sale Agreement, the City and SBACC
entered into an Agreement for Animal Shelter Operation dated December 1 , 2004,
("Animal Shelter Operation Agreement") for SBACC to provide animal shelter services for
the City and general public on the Property; and such Animal Shelter Operations
Agreement provides that either party may terminate the Animal Shelter Operation
Agreement upon two-years notice; and,
WHEREAS, in light of the City's decision to have the Seal Beach Police Department
provide in-house animal shelter services for the Seal Beach, it is no longer necessary for
SBACC to provide animal shelter services for the City; and,
WHEREAS, pursuant to the Purchase and Sale Agreement, SBACC's obligation to
continue to provide animal shelter services at the Property for the general public remains
necessary and only animal shelter services may be performed at the Property; and should
SBACC cease providing all animal shelter services, then the Property will revert to the
City under the Purchase and Sale Agreement; and,
WHEREAS, SBACC has notified the City that they have waived the two-year notice
requirement for termination of the Animal Control Operations Agreement, and has
informed the City of its willingness to continue to provide animal shelter services to the
general public at the Property in accordance with the Purchase and Sale Agreement
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves the Agreement for Animal Shelter
Services with Westminster Adoption Group and Services ("WAGS") as set
forth in Exhibit "A", attached hereto and incorporated herein by this
reference as though set forth in full, with a two-year term extending from
July 1, 2023 through June 30, 2025, with the option to extend the
Agreement for up to three additional one-year terms, and providing WAGS
with compensation for basic animal shelter services in the not-to-exceed
amount of $72,000 for the first year of the term; providing WAGS with
compensation for basic animal shelter services for each subsequent year
for the not-to-exceed amount of $72,000 as adjusted by the lesser of
inflation or 3% for each additional year; providing WAGS with compensation
for additional services for specified emergency medical care and a TNR
Program as elected by the City at the not-to-exceed total amount of$5,000
per year; and allowing the City Manager to authorize payments as outlined
in the event of hoarder/breeder animals.
Section 2. The City Council hereby authorizes the City Manager and City Attorney to
make minor revisions to the WAGS Agreement that do not increase the non-
to-exceed amounts for services set forth above.
Section 3. The Council hereby directs the City Manager to execute the Agreement for
Animal Shelter Services with WAGS on behalf of the City.
Section 4. The Council hereby approves termination of the Agreement for Animal
Shelter Operations dated December 1 , 2004 ("Animal Shelter Operations
Agreement"), between the City and SBACC, on condition that SBACC
continue to provide animal shelter services for the general public at 1700
Adolfo Lopez Drive, Seal Beach, Ca 90740 (the "Property") in accordance
with the Purchase and Sale Agreement dated September 23, 2004
("Purchase and Sale Agreement").
Section 5. The Council hereby authorizes the City Manager to notify SBACC that the
City has terminated animal Shelter Operations Agreement on condition that
SBACC is required to continue to provide animal shelter services for the
general public at the Property in accordance with the Purchase and Sale
Agreement.
Section 6. The Council authorizes the City Manager to execute any and all other
necessary contracts and agreements to implement the termination of the
Animal Shelter Operations Agreement with SBACC including their
continued performance of animal shelter services for the general public at
the Property.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 26th day of June, 2023 by the following vote:
AYES: Council Members Kalmick, Landau, Steele, Sustarsic, Moore.
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
� SEAQ
P Thomas Moore, Mayor
Oc.• Fo
ATTEST: pR OHgj''�'9C�
*I
JA �is� `,`,9271
�.
loria D. Hare-r, City Clerk -08Am CY'
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7426 on file in the office of the City
Clerk, passed, approved, and adopted by the City Council at a regular meeting held on
the 26th day of June, 2023.
.4040
loria D. Harpl, City Clerk