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HomeMy WebLinkAboutCC AG PKT 2008-06-09 #J . AGENDA STAFF REPORT DATE: June 9, 2008 FROM: Honorable Mayor and City Council David Carmany, City Manager Jeff Kirkpatrick, Chief of Police TO: THRU: SUBJECT: SERVICE AGREEMENT WITH THE CITY OF LONG BEACH, CALIFORNIA PROVIDING ANIMAL CONTROL SERVICES. SUMMARY OF REQUEST: Staff requests that the City Council approve Resolution No. 5741 authorizing the City Manager to execute the Operating Agreement between the City and the City of Long Beach, who will continue to provide animal control services. . BACKGROUND: On December 1, 2004, the Agreement for Animal Control Services (Agreement) 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-year each upon parties mutually agreeing to the provisions of the extension. The parties would then execute an amendment to the Agreement. On January 23, 2007, the First Amendment to the Agreement No. 29026 extended City of Long Beach animal control services to the City of Seal Beach to June 30,2008. Before Council is the Second Amendment to the Agreement allowing the second consecutive two-year period for animal cQntrol services that would commence on July 1, 2008, and end on June 30, 2010. The Second Amendment to the Agreement No. 29026 would increase the current cost to the City of $121,128 to $124,520. This is keeping with the Agreement (Section 4-E) to increase service costs based on the CPI or 2.8%. However, the Second Amen_dment also applies a CPI (3.0%) increase on the second year of the Agreement increasing service costs from $124,520 to $128,255. . Agenda Item J Page 2 . The City of Long Beach agrees to provide animal control services as delineated in the Agreement and Amendments. Over the years, Long Beach Animal Control has become familiar with the Seal Beach community including the Friends the Seal Beach Animal Care Center where strays are impounded. The community has made few complaints about Long Beach Animal Control services, and Long Beach has been responsive to those complaints. FINANCIAL IMPACT: The financial impact to the City is that animal service costs would increase by $7,127.for the two-year period; 2.8% ($3,392) increase for FY 08/09 and a 3.0% ($3,735) increase for 09/10 as amended in the Second Amendment to the Agreement. RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to sign the Operating Agreement between the City and the City of Long Beach to ensure continuous animal control services. SUBMITTED BY: NOTED AND APPROVED: . . ~-I David Carman ,City Manager J Attachments: A. Second Amendment to Agreement No. 29026 B. Resolution . . . ~ 1.0NG .&~ O~~_..~~ A-f:6....'.-...,..(..".....'i'C' ..A""'. (0 [.."-:/0, t~,,',:.'" ~ . ''''!;".,(....~~~ ~ CJ~~~h~)i '~.,~_....J"." ~ ..-<: ~~)J;~ ...... '0 '1-,,-." ,p _ c~4' ~ ~O; 0 1';;) 'li'PORfi.~'" DATE: To: FROM: SUBJECT: City of Long Beach Working Together to Serve Memorandum Office of the City Attorney May 12, 2008 John P. Keisler, Acting Business Manager, Animal Control Division Linda Trang, Deputy City Attorney, Ext. 82294 ~ Second Amendment to Agreement No. 29026 with the City of Seal Beach for the Provision of Animal Control Services by the City of Long Beach Pursuant to your request, attached is the Second Amendment to Agreement No. 29026. Please print out two (2) duplicate originals, have them both signed by the appropriate personnel at the City of Seal Beach and then returned to me for approval as to form. Should you have any questions, please give me a call. Thank you. Attachment L T:bg 99-03560 L:\Apps\Ctyl.aw3~WPDOCB\OOO6\POO6\0012B701.DOC -. 1 2 3 4 5 6 7 8 9 10 11 ~ ~8 12 zEi:i:i a::~:5 - ~~~~ 13 <U'EN ~z~~ 14 oii~ wZ J:~c-6 15 I ~CI)llllll : ou.i8dl : WI-1iJD: 16 I oa::Q)C ! -w~.9 ' Ll..l:D : Ll..OM 17 oa::~ 18 19 20 21 22 23 24 25 26 27 28 SECOND AMENDMENT TO AGREEMENT NO. 29026 THIS SECOND AMENDMENT TO AGREEMENT NO. 29026 is made and entered, in duplicate, as of May 12, 2008 for reference purposes only, pursuant to a minute order of the City Council of the City of Long Beach at its meeting held on November 23, 2004, and a minute order of the City Council of the City of Seal Beach at its meeting held on September 21,2004, by and between the CITY OF LONG BEACH ("Long BeachD), and the CITY OF SEAL BEACH ("Seal Beach"). WHEREAS, the parties entered Agreement No. 29026 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. The original term of this Agreement shall commence at 12:01 a.m. on December 1, 2004, and shall terminate at midnight on June 30~ 2006, and the first extended term shall commence at 12:01 a.m. on July 1,2006 and terminate at midnight on June 30, 2008, and the second extended term shall commence at 12:01 a.m. on July 1, 2008 and terminate at midnight on June 30, 2010, unless sooner terminated as provided below." 2. Section 4.C. Is hereby amended in its entirety to read as follows: "C. In the event 'and to the extent that the total amount of any and all license fees retained by Long Beach does not equal or exceed Seventy-eight Thousand Five Hundred Forty-nine Dollars ($78,549.00) for the period ending on June 30, 2005 and "One Hundred Sixteen Thousand Three Hundred Fifty-seven Dollars ($116,357.00) for the period ending on June 30, 2006 with respect to the original term, then Seal Beach shall 1 L T:bg 911-03560 L:\APPS\CtyLaw3~WPDOCS\DOD~06\00128584.DOC 1 2 3 4 5 6 7 8 9 10 11 >.... ~Gl8 12 zEit"" a::~~~ o l:'''' 13 t:.- 'EN <0 0 ~z~8 o~C>> 14 - :::J<C ozoo WZl:D :I:~l\j-5 15 I-(/)GlgJ u.. . u OWOl:D W b: 1iJ D: 16 o GlC u:~~.9 u..oC') 17 oa::~ 18 19 20 21 22 23 24 25 26 27 28 pay to Long Beach the difference between said total fees and $78,549.00 for the period ending on June 30, 2005 and the difference between said total fees and $116,357.00 for the period ending on June 30, 2006. Payment of the difference shall be made on or before July 31,2005 and July 31,2006, respectively. In the event and to the extent that the total amount of all license fees retained by Long Beach exceeds $78,549.00 for the year ending on June 30, 2005 and $116,357.00 for the year ending on June 30, 2006, then said excess shall be divided equally between Long Beach and Seal Beach. 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 Twenty-one Thousand One Hundred Twenty-eight Dollars ($121,128.00) on June 30, 2007 with respect to the first extended term, then Seal Beach shall pay Long Beach the difference between the total fees and -$121,128.00. Payment of the difference shall be made on or before July 31, 2007. In the event and to the extent that the total amount of all license fees retained by Long Beach exceeds $121,128.00 on June 30, 2007, then the excess shall be divided equally between Long Beach and Seal Beach. 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 Twenty-one Thousand One Hundred Twenty-eight Dollars ($121,128.00) on Jlme 30,2008 with respect to the first extended term, then Seal Beach shall pay Long Beach the difference between the total fees and $121,128.00. Payment of the difference shall be made on or before July 31, 2008. In the event and to the extent that the total amount of all license fees retained by Long Beach exceeds $121,128.00 on June 30, 2008, then the excess shall be divided equally between Long Beach and Seal Beach. 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 Twenty-four Thousand Five Hundred Twenty Dollars ($124,520.00) on June 30,2009 with respect to the second "extended term, then Seal Beach shall pay Long Beach the difference between the total fees and $124,520.00. Payment of the difference shall be made on or before July 31, 2 L T:bg 99.Q3560 L"\APPS\CtyLaw32\WPDOCS\DOO~POD6\00128584.DOC 1 2 3 4 5 6 7 8 9 10 11 >>L. ~~~'Ot 12 a::~~i o b"''' 13 ~O'Ee . /:zU 14 _0'5< OZOCJ W~l:D :I: 16-5 15 I-cn~1lI u... Q) Ow l:D ~~1iJg: 16 -w~o u..s ...I u.. M 17 oa::~ 18 19 20 21 22 23 24 25 26 27 28 2009. In the event and to the extent that the total amount of all license fees retained by Long Beach exceeds $124,520.00 on June 30, 2009, then the excess shall be divided equally between Long Beach and Seal Beach. 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 Twenty-eight Thousand Two Hundred Fifty-five Dollars ($128,255.00) on June 30, 2010 with respect to the second extended term, then Seal Beach shall pay Long Beach the difference between the total fees and $128,255.00. Payment of the difference shall be made on or before July 31, 2010. In the event and to the extent that the total amount of all license fees retained by Long Beach exceeds $128,255.00 on June 30, 2010, then the excess shall be divided equally between Long Beach and Seal Beach." 3. S~ction 4.D. is hereby amended in its entirety to read as follows: "0. 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. 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 Eleven Thousand Two Hundred Twenty-one Dollars ($11,221.00) for each month that the Agreement has been in effect until June 30, 2005 and Nine Thousand Six Hundred Ninety-six Dollars ($9,696.00) for each subsequent month, then Seal Beach shall pay to Long Beach the difference between the total fees to the effective date of termination and the dollar figure obtained by multiplying $11,221.00 times the number of months the Agreement was in effect between December 1, 2004 and June 30, 2005, and $9,696.00 times the number of months the Agreement was in effect between July 1, 2005 and June 30, 2006. A partial month shall be deemed a full month. Seal Beach shall- pay the difference within thirty (30) days after the effective date of termination. Long Beach shall pay any excess of said fees to Seal Beach. 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 3 L T:bg 99-03560 L:\APPS\ClyI.aw32\WPDOCS\DOO2\POO6\0012B584.DOC 1 2 3 4 5 6 7 8 9 10 11 :>,... >u8 ~Eit~ 12 a::~~~ o 2;0.... 13 ~O"E~ ~z!~ 14 _0-C3 uz 6 WZl:D :J:~i-6 15 I-cnSlIl u... Q) OWOl:D Wl-lSD: 16 ua::Q)C: itM:l~.9 u..OM 17 oa::~ 18 19 20 21 22 23 24 25 26 , Beach through the effective date of the termination. 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, 2008 does not equal or exceed Ten Thousand Ninety- four Dollars ($10,094.00) for each month that the Agreement has been in effect until June 30,2008, then Seal Beach shall pay to Long Beach the difference between the total fees to the effective date of termination and the dollar figure obtained by multiplying $10,094.00 times the number of months the Agreement was in effect between July 1, 2006 and June 30, 2008. A partial month shall be deemed a full month. Seal Beach shall pay the difference within thirty (30) days after the effective date of termi,natlon. Long Beach shall pay any excess of these fees to Seal Beach. 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. 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 Ten Thousand Three Hundred Seventy-seven Dollars ($10,377.00) for each month that the Agreement has been in effect until June 30, 2009 and Ten Thousand Six Hundred Eighty-eight Dollars ($10,688.00) for each subsequent month, then Seal Beach shall pay to Long Beach the difference between the total fees to the effective date of termination and the dollar figure obtained by multiplying $10,377.00 times the number of months the Agreement was in effect between July 1, 2008 and June 30, 2009, and $10,688.00 times the number of months the Agreement was In effect between July 1, 2009 and June 30, 2010. A partial month shall be deemed a full month. Seal Beach shall pay the difference within thirty (30) days after the effective date of termination. Long Beach shall pay any excess of said fees to Seal Beach. n 4. Except as expressly amended in this Second Amendment. the terms and conditions In Agreement No. 29026 are ratified and confirmed and shall remain in full 27 ',force and effect. 28 1/1/ 4 L T:bg 99-03560 L:\APPS\Cty\.a~WPDOCS\D002\P006\0012S5B4.DOC . 1 2 3 4 5 6 7 8 9 10 11 (ljr~ 12 ~~~~ 13 ~~'E~ ~z~8 O.!llOl 14 OZ~() wZ F~lii-5 15 u..CI)BI'II Ou.iot! Wr-- c: 16 OD:::lRc -w~o u..l:D ..I u..OM 17 oa::~ 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 forr~alities required by law as of the date first stated above. ' CITY OF SEAL BEACH, a municipal corporation , 2008 By City Manager on "Seal BeachD This Second Amendment to Agreement No. 29026 is approved as to form ,2008. By: City Attorney, Seal Beach CITY OF LONG BEACH, a municipal corporation , 2008 By City Manager "Long Beach" on This Second Amendment to Agreement No. 29026 is approved as to form ,2008. ROBERT E. SHANNON, City Attorney By: Deputy City Attorney 5 L T:bg 99-03560 L:\APPS\CtyL8w32\WPDOCS\DOO~OO6\OD1285B4.DOC RESOLUTION NUMBER 5741 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO SIGN A SERVICE AGREEMENT WITH THE CITY OF LONG BEACH, CALIFORNIA PROVIDING ANIMAL CONTROL SERVICES. WHEREAS, on December 1, 2004, an Agreement for Animal Control Services No. 29026 (Agreement) between the City of Seal Beach and the City of Long Beach became effective; WHEREAS, the Agreement allowed for two additional consecutive two-year periods extensions to the agreement mutually agreed upon the provisions by both parties; WHEREAS, the parties have mutually agreed to the provisions of the extension, and are executing the Second Amendment to the Agreement; WHEREAS, on January 23, 2007, the First Amendment to the Agreement No. 29026, became effective extending the Agreement which is terminating on June 30,2008; and WHEREAS, the City of Seal Beach continues requiring uninterrupted animal control services after June 30, 2008; . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the Second Amendment No. 29026 to the Agreement between the City of City of Seal Beach and the City of Long Beach for contract animal control services as delineated. Section 2. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a meeting hereof held on the 9th day of June ,2008 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS Mayor ATTEST: . City Clerk Resolution Number 5741 . STATE OF CALIFORNIA} COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5741 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 9th day of June , 2008. City Clerk . .