HomeMy WebLinkAboutCC AG PKT 2010-06-14 #PAGENDA STAFF REPORT
DATE: June 14, 2010
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Jeff Kirkpatrick, Chief of Police
SUBJECT: SERVICE AGREEMENT WITH THE CITY OF
LONG BEACH PROVIDING ANIMAL CONTROL
SERVICES
SUMMARY OF REQUEST:
Staff requests that the City Council approve Resolution No. 6016 authorizing the
City Manager to execute the Operating Agreement between the City of Seal
Beach 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 -years 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. The Second Amendment to the Agreement
allowed the second consecutive two -year period for animal control services that
commenced on July 1, 2008, and ending on June 30, 2010. The Second
Amendment to the Agreement No. 29026 called for an annual cost of $128,255.
The City of Long Beach has proposed a new contract for animal care and control
services for the period of July 1, 2010 through June 30, 2012. The scope of the
service remains as it has since its inception in 2004. The contract also allows
two additional two -year extensions of the Agreement. The current contract
proposal would increase the current cost to the City from $128,255 to $131,333.
The second year of the contract proposal would increase service costs from
$131,333 to $134,485.
Agenda Item P
Page 2
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
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
$6,230 for the two -year period; 2.4% ($3,078) increase for FY 10/11 and a 2.4%
($3,152) increase for FY 11/12. It is anticipated that the total cost will decrease
by 15% based on upcoming license fee canvassing efforts.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 6016 approving the
Operating Agreement between the City and the City of Long Beach to ensure
continuous animal control services and authorizing the City Manager to execute
the agreement.
SUBMITTED BY:
Jeff Kirkpatrick, Chief of Polic
NOTED AND APPROVED:
David Carman V, City Manager
Prepared by: Lt. Bob Mullins
Attachments:
A. Resolution No. 6016
B. Agreement for Animal Control Services with the City of Long Beach
RESOLUTION NUMBER 6015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA APPROVING 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, 2010; and
WHEREAS, the City of Seal Beach continues requiring uninterrupted animal
control services after June 30, 2010;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves 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. Authorizes the City Manager of the City of Seal Beach to execute 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 City Council of the City of Seal
Beach at a regular meeting held on the 14th day of June , 2010 by
the following vote:
AYES:
Council Members
NOES:
Council Members
ABSENT:
Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
Resolution Number 6015
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
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 6015 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 14th day of June , 2010.
City Clerk
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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 April 22, 2010
for reference purposes only, pursuant to a minute order of the City Council of the City of
Long Beach at its meeting held April 20, 2010, and a minute order of the City Council of
the City of Seal Beach at its meeting held on , 2010, 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 commence at 12:01 a.m. on July 1,
2010, and shall terminate at midnight on June 30, 2012, unless sooner terminated or
extended as provided herein. Seal Beach may extend this Agreement for two (2)
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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
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residents of Seal Beach;
V. To promptly pick -up injured animals and to pick -up
dead animals;
vi. To issue license tags and license receipts;
vii. To perform such duties with respect to the regulation
and protection of animals within Seal Beach as directed from time to time
by the City Manager of Seal Beach;
viii. To maintain a telephone with a listed number which will
be answered twenty -four hours every day; and
ix. To canvass all known 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.
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
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
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in California or that are not native to California.
D. 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.
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,
authority, or jurisdiction delegated to 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 delegated 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 license and other fees shall be those set forth in Long
Beach's fee resolution, as periodically amended, and as adopted by the Long
Beach City Council.
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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 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 Thirty -One Thousand Three Hundred Thirty -Three
Dollars ($131,333) on June 30 of the first year period of July 1, 2010
through June 30, 2011, then Seal Beach shall pay to Long Beach the
difference between the total fees and $131,333. 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 $131,333 on June 30 of that same year, then the excess shall be
divided equally between Long Beach and 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 does not equal or
exceed One Hundred Thirty -Four Thousand Four Hundred Eighty -Five
Dollars ($134,485) on June 30 of the second year period of July 1, 2011
through June 30, 2012, then Seal Beach shall pay to Long Beach the
difference between the total fees and $134,485. 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 $134,485 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.
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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 Ten Thousand Nine Hundred
Forty -Four Dollars ($10,944) for each month that the Agreement has been
in effect until June 30, 2011, 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 $10,944 times the number of months
the Agreement was in effect between July 1, 2010 through June 30, 2011.
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, 2012 does not equal or exceed
Eleven Thousand Two Hundred Seven Dollars ($11,207) for each month
that the Agreement has been in effect until June 30, 2012, 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
$11,207 times the number of months the Agreement was in effect between
July 1, 2011 through June 30, 2012. 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
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
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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 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
entities 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
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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
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
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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
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.
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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 Manager
"Seal Beach"
This Agreement is approved as to form on
2010
2010.
City Manager
"Long Beach"
This Agreement is approved as to form on , 2010.
ROBERT E. SHANNON, City Attorney
CITY OF SEAL BEACH, a municipal
corporation
LIM
City Attorney
CITY OF LONG BEACH, a municipal
corporation
NO
Deputy
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