HomeMy WebLinkAboutAGMT - Long Beach, City of (Animal Control Services) 1 SECOND AMENDMENT TO AGREEMENT NO. 34620
2 34620
3 THIS SECOND AMENDMENT TO AGREEMENT NO. 34620 is made and
4 entered, in duplicate, as of July 2, 2020 for reference purposes only, pursuant to a minute
5 order of the City Council of the City of Long Beach at its meeting held on June 14, 2016,
6 and a minute order of the City Council of the City of Seal Beach at its meeting held on
7 ALAIUS± /0I 0a-D, by and between the CITY OF LONG BEACH ("Long
8 Beach"), and the CITY OF SEAL BEACH ("Seal Beach").
9 WHEREAS, Long Beach and Seal Beach (the "Parties") entered Agreement
10 No. 34620 (the "Agreement") whereby Long Beach agreed to provide animal control
11 services to Seal Beach; and
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° 12 WHEREAS, the Parties entered into a First Amendment to the Agreement
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a o 13 to extend the term to June 30, 2020 and amend the fees; and
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o 14 WHEREAS, the Parties desire to extend the term one (1) additional two-
coa 4 15 year period and further amend the fees;
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W6, m 16 NOW, THEREFORE, in consideration of the mutual terms, covenants, and
O V 17 conditions herein contained, the Parties agree as follows:
18 1. Section 1 of the Agreement is hereby amended in its entirety to read
19 as follows:
20 "1. TERM. This Agreement shall commence at midnight on July 1,
21 2016, and shall terminate at 11:59 p.m. on June 30, 2022, unless sooner terminated as
22 provided herein. Upon mutual agreement of the parties to the terms of the extension, the
23 parties shall execute an amendment to this Agreement."
24 2. Section 4.0 of the Agreement is hereby amended in its entirety to
25 read as follows:
26 "C. Compensation Schedule.
27 i. Year One (1). In the event and to the extent that the
28 total amount of any and all fees retained by Long Beach does not equal or
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1 exceed One Hundred Seventy Five Thousand Eight Hundred Forty Dollars
2 ($175,840) ("Annual Compensation") on June 30 of the first year period of
3 July 1, 2020 through June 30, 2021, then Seal Beach shall pay to Long
4 Beach the difference between the total fees set forth in Section 4.A and
5 Annual Compensation. Payment of the difference shall be made on or
6 before July 31 of that same year. In the event and to the extent that the
7 total amount of all license fees retained by Long Beach exceeds Annual
8 Compensation on June 30 of that same year, then the excess shall be
9 divided equally between Long Beach and Seal Beach.
10 ii. Year Two (2). Annual Compensation shall be adjusted
11 by the percent change in the Consumer Price Index (CPI) for All Urban
} 12 Consumers, All Items, Base Period 1982-84=100, for the Los Angeles-Long
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K a o 13 Beach-Anaheim, CA Area (February 2020 to February 2021), as published
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1-a T 15 (CUURS49ASA0), which shall not be less than zero (0) and shall not
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LLa 0 7,1 16 exceed eight percent (8%) ("Adjusted Annual Compensation"). In the event
O 0- 17 and to the extent that the total amount of any and all fees retained by Long
18 Beach does not equal or exceed Adjusted Annual Compensation on June
19 30 of the second year period of July 1, 2021 through June 30, 2022, then
20 Seal Beach shall pay to Long Beach the difference between the total fees
21 as set forth in Section 4.A and Adjusted Annual Compensation. Payment of
22 the difference shall be made on or before July 31 of that same year. In the
23 event and to the extent that the total amount of all license fees retained by
24 Long Beach exceeds Adjusted Annual Compensation on June 30 of that
25 same year, then the excess shall be divided equally between Long Beach
26 and Seal Beach."
27 3. Section 4.D of the Agreement is hereby amended in its entirety to
28 read as follows:
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1 "D. Compensation in the Event of Termination. In the event of
2 termination of this Agreement pursuant to Section 7 or Section 9, Long Beach
3 shall retain fees as compensation for services provided by Long Beach through
4 the effective date of the termination.
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 to the effective
7 date of termination does not equal or exceed Annual Compensation for
8 each month that the Agreement has been in effect until June 30, 2021, then
9 Seal Beach shall pay to Long Beach the difference between the total fees
10 as set forth in Section 4.A to the effective date of termination and the dollar
11 figure obtained by multiplying Annual Compensation times the number of
Lu c 12 months the Agreement was in effect between July 1, 2020 through June 30,
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-z= a 14 difference shall be made within thirty (30) days of the effective date of
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oCL:a 0 16 ii. Year Two (2). In the event and to the extent that the
0 0 v 17 total amount of any and all fees retained by Long Beach to the effective
18 date of termination but prior to June 30, 2022, does not equal or exceed
19 Adjusted Annual Compensation for each month that the Agreement has
20 been in effect until June 30, 2022, then Seal Beach shall pay to Long Beach
21 the difference between the total fees as set forth in Section 4.A to the
22 effective date of termination and the dollar figure obtained by multiplying
23 Adjusted Annual Compensation times the number of months the Agreement
24 was in effect between July 1, 2021 and June 30, 2022. A partial month
25 shall be deemed a full month. Payment of the difference shall be made
26 within thirty (30) days of the effective date of termination. Any excess fees
27 shall be paid to Seal Beach."
28 4. Except as expressly amended in this Second Amendment, the terms
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1 and conditions in Agreement No. 34620 are ratified and confirmed and shall remain in full
2 force and effect.
3 IN WITNESS WHEREOF, the parties have caused this document to be duly
4 executed with all formalities required by law as of the date first stated above.
5 CITY OF SEAL BEACH, a municipal
6 corporation
7 , 2020 By4111 I = 1)1 Oj,,,i.
8
ity a -••er
,
9 "Seal Beach"
10 This Second Amendment to Agreement No. 34620 is -,,proved as to form
11 on September 22 2020. '
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LL12 r4S � By:
K - N 13 City Attorney, Seal Beach
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CITY OF LONG BEACH, a municipal
LU m 14 corporation
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16 Cil i1IRSUANT
U Q o
LL=3 J TO SECTION 301 OF
o"a 17 "Long Beach" THE CITY CHARTER
18 This Second Amendment to Agreement No. 34620 is approved as to form
19 on Pe-e0.40 - 421 , 2020.
20
21 CHARLES PAlp# ty Attorney
L-_
By: Amir�/Ar
22 '."pity City Attorney
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SECOND AMENDMENT TO AGREEMENT NO. 34620
THIS SECOND AMENDMENT TO AGREEMENT NO. 34620 is made and
entered, in duplicate, as of July 2, 2020 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 14, 2016,
and
/a minute order of the City Council of the City of Seal Beach at its meeting held on
by and between the CITY OF LONG BEACH ("Long
Beach"), and the CITY OF SEAL BEACH ("Seal Beach").
WHEREAS, Long Beach and Seal Beach (the "Parties") entered Agreement
No. 34620 (the "Agreement') whereby Long Beach agreed to provide animal control
services to Seal Beach; and
WHEREAS, the Parties entered into a First Amendment to the Agreement
to extend the term to June 30, 2020 and amend the fees; and
WHEREAS, the Parties desire to extend the term one (1) additional two-
year period and further amend the fees;
NOW, THEREFORE, in consideration of the mutual terms, covenants, and
conditions herein contained, the Parties agree as follows:
1. Section 1 of the Agreement is hereby amended in its entirety to read
I as follows:
"1. TERM. This Agreement shall commence at midnight on July 1,
2016, and shall terminate at 11:59 p.m. on June 30, 2022, unless sooner terminated as
provided herein. Upon mutual agreement of the parties to the terms of the extension, the
parties shall execute an amendment to this Agreement."
2. Section 4.0 of the Agreement is hereby amended in its entirety to
read as follows:
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"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
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exceed One Hundred Seventy Five Thousand Eight Hundred Forty Dollars
($175,840) ("Annual Compensation") on June 30 of the first year period of
July 1, 2020 through June 30, 2021, then Seal Beach shall pay to Long
Beach the difference between the total fees 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 -Long
Beach -Anaheim, CA Area (February 2020 to February 2021), as published
by the United States Department of Labor, Bureau of Labor Statistics
(CUURS49ASA0), 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, 2021 through June 30, 2022, then
Seal Beach shall pay to Long Beach the difference between the total fees
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."
K
read as follows:
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Section 4.D of the Agreement is hereby amended in its entirety to
2
1 "D. Compensation in the Event of Termination. In the event of
2 termination of this Agreement pursuant to Section 7 or Section 9, Long Beach
3 shall retain fees as compensation for services provided by Long Beach through
4 the effective date of the termination.
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 to the effective
7 date of termination does not equal or exceed Annual Compensation for
8 each month that the Agreement has been in effect until June 30, 2021, then
9 Seal Beach shall pay to Long Beach the difference between the total fees
10 as set forth in Section 4.A to the effective date of termination and the dollar
11 figure obtained by multiplying Annual Compensation times the number of
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0 - 12 months the Agreement was in effect between July 1, 2020 through June 30,
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2021. A partial month shall be deemed a full month. Payment of the
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0= 3 0 16 ii. Year Two (2). In the event and to the extent that the
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0" 17 total amount of any and all fees retained by Long Beach to the effective
18 date of termination but prior to June 30, 2022, does not equal or exceed
19 Adjusted Annual Compensation for each month that the Agreement has
20 been in effect until June 30, 2022, then Seal Beach shall pay to Long Beach
21 the difference between the total fees as set forth in Section 4.A to the
22 effective date of termination and the dollar figure obtained by multiplying
23 Adjusted Annual Compensation times the number of months the Agreement
24 was in effect between July 1, 2021 and June 30, 2022. A partial month
25 shall be deemed a full month. Payment of the difference shall be made
26 within thirty (30) days of the effective date of termination. Any excess fees
27 shall be paid to Seal Beach."
28 4. Except as expressly amended in this Second Amendment, the terms
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and conditions in Agreement No. 34620 are ratified and confirmed and shall remain in full
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.
CITY OF SEAL BEACH, a municipal
corporation
C
2020 By
City Manage
"Seal Beach"
This Second Amendment to Agreement No. 34620 is proved as to form
on September 22 , 2020.
By:
City Attorney, Seal Beach
CITY OF LONG BEACH, a municipal
corporation
on
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2020 By
City Manager
"Long Beach"
This Second Amendment to Agreement No. 34620 is approved as to form
, 2020.
4
CHARLES PARKIN, City Attorney
Deputy City Attorney
CITY OF LONG BEACH
a.
DEPARTMENT OF HUMAN RESOURCES
411 WEST OCEAN BOULEVARD, LONG BEACH CALIFORNIA 90802 (562)570-6754 562 570-5375 FAX
RISK MANAGEMENT BUREAU
November 10. 202f)
City of Seal Beach
Attn: Gloria Harper, City Clerk
211 Fighth Street
Seal Beach, CA 90740
Re: Agreements for Animal Control Services Between the City of Long Beach ("Long Beach") and the Cite of Seal
Beach ("Seal Beach")
Dear MAS. harper:
1 am the risk manager of the City of Long Beach ("City") who oversees risk management, and as such, I am familiar with the
City's current self insurance coverage for public liability and property damage liability insurance and workers' compensation. The
City maintains permissible programs of self insurance for workers'compensation pursuant to the Labor Code of the State of
California and for commercial general liability self-insurance equi,.-alent in scope to ISO CG 00 01 10 93 with limits of
55,000.000 per occurrence and 55,000,000 in aggregate (public liability and property damage liability insurance).
This letter certifies that the City of Long Beach is self-insured with respect to the subject Agreements, including, but not limited
LO. the lbllowing:
Agreement Name
Agreement
Initial agreement Period
I Number
Agreement
Extension Period
Agreement for Animal Cootml Scnices Between the City of
Lon" Brat:h and the City Seal
26745(In
July 1. 1949 to June 30, 2000
-ears
of Beach
Agreement for Animal Control Scn ices Beth ern the City of
Loner Beach and the Ci of Scal Beach
272363
July 1. 2002 to June 30. 2003
2
1
:1urrrmen[ for Animal Control Services Between the City of
Lon Beach and the Ci of Seal Beach
24016
Deccmhcr 1, -1001 to June 30, 2006
I
Agreement for Animal Control Services between the City of
Lon^ Reath and the Citv of Seal Brach
31707
Juiy 1, 201(1 [o Junr 30, '012
2
Agrccmcnt tot Animal Control Services &likocn the City of
Lone Beach and dtc Cit or' Seal Beach
14620
Juiy I, 2016 to June 30, 2018
2
I
First Amcntltncnt to Agreement for Ant Contra; Services
34610
Between the Cit ofLtm> Beach dnd the City ofScttl Beach
1u y I, 2016 to June 30.20:0
Second Amendment to Agreement for Animal Cunlrul
;40�tJ
uer.iLW Udne�u dCit
t� y U"L.,,,5, t)uw,h w.d we City of
July 1, 2016 tolune 30, _'0-12
2
Pursuant to the Califilmia Government Tort Claims Act (Government Code sections 810-996.6), written claims seeking money of
damages from
t the City the
of its employees must be property tiled with the City, with very limited exta peons, within six
months from the date of the occurrence that gives rise to the claim (See Government Code section 911.2). The City of Long
Beach has a standard claim form that must be tiled in person, or by mail. directly with the Long Beach City Clerk located at 411
West Ocean Boule%ard, Lobby Level. Long Beach. CA 90803. Th
and all claim,. .,
e City will review, and where annrnn�io.0 —1—
Very truly voud.� 11
ARV,
City * Long Reach
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FIRST AMENDMENT TO AGREEMENT NO. 34620
34620
THIS FIRST AMENDMENT TO AGREEMENT NO. 34620 is made and
entered, in duplicate, as of May 9, 2018 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 14,
2016, and a minute order of the City Council of the City of Seal Beach at its meeting held
on 6f n c%�i o��l�l by and between the CITY OF LONG BEACH ( "Long
Beach "), and the CITY OF SEAL BEACH ( "Seal Beach ").
WHEREAS, the parties entered Agreement No. 34620 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
111. TERM. This Agreement shall commence at midnight on July 1,
2016, and shall terminate at 11:59 p.m. on June 30, 2020, unless sooner terminated as
provided herein. Seal Beach may extend this Agreement for one (1) additional period of
two (2) years by giving notice of its desire to extend to Long Beach sixty (60) 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."
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2. Section 4.C. is hereby amended in its entirety to read as follows:
C. "Compensation Schedule.
i. Year One (1). In the event and to the extent that the
total amount of any and alb fees retained by Long Beach does not equal or
exceed One Hundred- Seventy Thousand One Hundred Thirty Dollars
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($170,130.00) ( "Annual Compensation ") on June 30 of the first year period
of July 1, 2018 through June 30, 2019, then Seal Beach shall pay to Long
Beach the difference between the total fees 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 (February 2018 to February 2019), as
published by the United States Department of Labor, Bureau of Labor
Statistics (CUURA421SA0), 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, 2019 through June 30, 2020,
then Seal Beach shall pay to Long Beach the difference between the total
fees 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:
D. "Compensation in the Event of Termination. In the event of
termination of this Agreement pursuant to Section 7 or Section 9, Long Beach
2
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shall retain fees as 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
date of termination does not equal or exceed Annual Compensation for
each month that the Agreement has been in effect until June 30, 2019, 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, 2018 through June 30,
2019. A partial month shall be deemed a full month. Payment of the
difference shall be made within thirty (30) days of 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, 2020, does not equal or exceed
Adjusted Annual Compensation for each month that the Agreement has
been in effect until June 30, 2020, 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, 2019 and June 30, 2020. A partial month
shall be deemed a full month. Payment of the difference shall be made
within thirty (30) days of the effective date of termination. Any excess fees
shall be paid to Seal Beach."
4. Except as expressly amended in this First Amendment, the terms
and conditions in Agreement No. 34620 are ratified and confirmed and shall remain in full
force and effect.
SEGmb A16.00455
00883298
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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.
SEG:mb AIB -00455
00883286
CITY OF SEAL BEACH, a municipal
corporation n 4)*TM-
City Manager
"Seal Beach"
This First Amendment to Agreement No. 34620
7� '2018.
Tom Modica
Assistant City Manager
EXECUTED PURSUANT
TO SECTION 301 OF
THE CITY CHARTER
, 2018
0
as to form on
Attorney, Seal Beach
CITY OF LONG BEACH, a municipal
corporation�
By
City Manager
"Long Beach"
This First Amendment to Agreement No. 34620 is approved as to form on
2018.
!I
CHARLES PAR N, City Attorney
By:
Deputy City Attorney
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AGREEMENT FOR ANIMAL CONTROL
SERVICES BETWEEN THE CITY OF LONG BEACH
AND THE CITY OF SEAL BEACH
34620
THIS AGREEMENT. made and entered, in duplicate, as of to be effective
as of July 1, 2016, for reference purposes only, pursuant to a minute order of the City
Council of the City of Long Beach at its meeting held June 14, 2016, and a Resolution of
t(h�e — City Council of the City of Seal Beach adopted at its meeting held on
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 effective as of 12:01 a.m. on July 1,
2016, and shall terminate at midnight on June 30, 2018, unless sooner terminated or
extended as provided herein. Seal Beach may extend the term of this Agreement for two
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(2) 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 as set forth in
State law and Chapter 7.05 of the Seal Beach Municipal Code. In performing said
services and functions. Long Beach shall have all of the powers of Seal Beach's
Animal Control Officer, as if an employee or employees of 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 Animal
Control Officer for Seal Beach and shall have the following duties pursuant to the
Seal Beach Municipal Code.
i. To enforce all Seal Beach ordinances and state laves
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 Officer;
iv. To pick up and impound. on request from an authorized
representative of Seat Beach or any resident of Seal Beach, any stray dogs
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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
residents of Seal Beach;
V. To promptly pick -up and care for injured animals and to
pick -up and dispose of dead animals:
vi. To issue license tags and license receipts to residents
of Seal Beach;
vii. To perform such duties with respect to the regulation
and protection of animals within Seal Beach as are specified in Chapter
7.05 of the Municipal Code, or as may be directed from time to time by the
City Manager of Seal Beach, or his /her designee:
viii. To maintain a telephone with a listed number which will
be answered twenty -four hours every day:
Ix. To canvass 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, except that requests for resonses and telephone response
services shall not be declined because Long Beach's services provided exceed
the expected averages in any given 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
1
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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
in California or that are not native to California.
D. Except as provided in paragraph C, above, 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.
F. With regards to coyotes, Long Beach ACS will respond to
emergency situations involving public safety, sick or injured animals, provide data
collection and monitoring, provide public education materials, and administrative
support. Long Beach ACS will not perform or participate in any way with trapping
and euthanizing coyotes in the City of Seal Beach unless there is a documented
attack on a human and only in coordination with the Department of Fish and
Wildlife.
3. INDEMNIFICATION. Pursuant to Government Code Section 895.4,
(Long Beach shall indemnify, defend, and hold Seal Beach harmless from any liability
mposed 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.
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authority, or jurisdiction delegated to or performed by 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 performed by 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 fees for the impounding, boarding, and placement of
animals shall be those set forth in Long Beach's fee resolution, as periodically
amended, and as adopted by the Long Beach City Council. Long Beach shall
provide current copies of such free resolution to Seal Beach from time to time.
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 Municipal Code and /or 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 Fifty Eight Thousand One Hundred Ninety Dollars
(5158,190.00) (`Annual Compensation ") on June 30 of the first year period
of July 1, 2016 through June 30. 2017, 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
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s
Compensation on June 30 of that same year, then the excess shall be
divided equally between Long Beach and Seal Beach.
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 (February 2017 to February 2018). as
published by the United States Department of Labor, Bureau of Labor
Statistics (CUURA421SA0), 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, 2017 through June 30, 2018:
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.'
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.
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 one twelfth (1112) of the
Annual Compensation for each of the number of months that the
Agreement has been in effect prior to June 30, 2017, then Seal Beach shall
6
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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 one twelfth (1112) of the Annual Compensation
times the number of months the Agreement was in effect between July 1,
I
2016 through June 30, 2017. A partial month shall be deemed a full monti 1.
Payment of the difference shall be made within thirty (30) days after the
I
effective date of termination. Any excess fees shall be paid to Seal Beach
within thirty (30) days of the effective date of termination.
I
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
I
date of termination but prior to June 30, 2018 does not equal or exceed one
i twelfth (1/12) of the Adjusted Annual Compensation for each month that the
j.
it Agreement has been in effect until June 30, 2018, 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 one twelfth (1/12) of the Adjusted Annual
!
! Compensation times the number of months the Agreement was in effect
between July 1. 2017 through June 30, 2018. 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 within thirty (30) days of the effective date of
termination."
E. Payments. Long Beach shall prepare and submit a bill to
Seal Beach every quarter, the first quarterly bill being submitted to Seal Beach on
or about October 1, 2016. Upon receipt of these quarterly bills, Seal Beach
agrees to make timely payments to Long Beach. In like manner, Long Beach
agrees to make timely payments to Seal Beach upon receipt of its bill for any
amounts owed to it as part of this Agreement.
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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.
j 6. SEAL BEACH ANIMAL CARE CENTER. During the term of this
Agreement, Seal Beach will enter and keep in effect a contract with The Friends of the
Seal Beach Animal Care Center, or other suitable entity, 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
j 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
I 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 in Seal
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
8
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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.
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.
1D � 1
CITY OF SEAL BEACH, a municipal
corporation
By
t,l iZIM City h ana e
"Seal Beach" �+7
This Agreement is approved as to for o 12t346
By
,L City Attorney
CITY OF LONG BEACH, a municipal
corporation
EXECUI"ED PURSUANT
TO SECTION 301 OF
Z 20/ By / THE CITY CHARTER.
City Manager
'r0W1 Od.ICA�
"Long Beach" Assistant City Manag�c
This Agreement is approved as to form on A/" /0 201 .
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CHARLES PARKIN, Cit ey
By
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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
I 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
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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 (February 2015 to February 2016), as
published by the United States Department of Labor, Bureau of Labor
Statistics (CUURA421SA0), 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
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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.
KLC:1p A10 -01285 (07- 14 -14)
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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.
2014
CITY OF SEAL BEACH, a municipal
corporation
By
City Mana er
"Seal Beach"
This Second Amendment to Agreement No. 31707 is approved as to form
on 2014.
\I
By:
0 y Attorney, Seal Beach
CITY OF LONG BEACH, a municipal
corporation Assistant City'Man ge'r
!'
2014 By j y� „r(� EXECUTED NUR UANT
TO SECTION 3 1 OF
City Manager THE UTY CHARTER
"Long Beach”
This Second Amendment to Agreement No. 31707 is approved as to form
on Y?t�j8Vn�ir 2014.
Z2
KLC:jp A10 -01285 (07 -1444)
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CHA LES QARI IN , City Attorney
By:
e ty City torney
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 Sep�tefmberr/, 2014 by the following vote:
AYES: Council Members)�y�(�i/)<[,l/ I V� ( _< 77n�%1D.
NOES: - Council Members 4 V
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST:
'City ,Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
ff 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 file 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.
�l
Cit Clerk
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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
minute order of the City Council of the City of Long Beach at its meeting held on May 15,
2012, and a minute order of the City Council of the City of Seal Beach at its meeting held
on September 10, 2612, 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:
I 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:
no
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
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exceed One Hundred Forty -One Thousand Three Hundred Fifty -Six Dollars
($141,356) ( "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 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, 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."
///
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4. Section 4.D. is hereby amended in its entirety to read as follows:
'A.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
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
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fees shall be paid to Seal Beach."
5. Except as expressly amended in this First Amendment, the terms
and conditions in Agreement No. 31707 are ratified and confirmed and shall remain in full
I 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.
II 2012
CITY OF SEAL BEACH, a municipal
corporation
. Q�Lq
"Seal Beach"
This First Amendment to Agreement No. 31707 is approved as to form on
r /0,2012.
p.2
By o (/� / — _
City Attorney, Seal Beach
CITY OF LONG BEACH, a municipal
corpor n Assistant City Manat
2012 By
City Manager
EXECUTED PURSUANT
"Long ch" To SECTION 301 OF
THE CITY CHARTER.
This First Amendment to Agreement No. 31707 is approved as to form on
2012.
ROBERT . SH NNON, City Attorney
By:
ty City Attorney
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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 minute IolIyd��er of the City Council of
the City of Seal Beach at its meeting held on b `� 11 , 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;
2
V. To promptly pick -up injured animals and to pick -up
3
dead animals;
4
vi. To issue license tags and license receipts;
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vii. To perform such duties with respect to the regulation
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and protection of animals within Seal Beach as directed from time to time
7
by the City Manager of Seal Beach;
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viii. To maintain a telephone with a listed number which will
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be answered twenty -four hours every day; and
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ix. To canvass all known households in Seal Beach during
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the term of this Agreement to insure that all animals required to be licensed
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are, in fact, licensed.
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Long Beach will provide the services listed above for an amount of
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time that averages approximately three (3) hours per day, or twenty -one (21)
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C. Long Beach shall deliver to the Seal Beach Animal Care
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Center, 1700 Adolfo Lopez Drive, Seal Beach, CA 90740 all animals that Long
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Beach impounds in Seal Beach and all animals delivered to the Long Beach
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animal shelter which were found or kept within the City limits of Seal Beach.
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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
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laws relating to the keeping, harboring and disposition of animals, except that the
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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
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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
11 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
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Beach Municipal Code for violations of animal control ordinances as set forth in
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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
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the extent that the total amount of all license fees retained by Long Beach
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exceeds $131,333 on June 30 of that same year, then the excess shall be
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ii. Year Two (2). In the event and to the extent that the
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total amount of any and all fees retained by Long Beach does not equal or
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exceed One Hundred Thirty -Four Thousand Four Hundred Eighty -Five
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Dollars ($134,485) on June 30 of the second year period of July 1, 2011
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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.
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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
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
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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
8
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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 OF SEAL BEACH, a municipal
corporation
By cD4 c71
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 o�ianac�er
2010 By IXECUTED PURSUANT
OF
C ity M a n a g eTHE CITY CHARTER.
"Long 13Vch"
This Agreement is approved as to form on 2-2— , 2010.
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ROBERT E. SHANNO i Attorne
G
By
Deputy
10
0 City of Long Beach 10
Animal Care Services Bureau
7700 Spring Street
Long Beach, CA 90815
Phone: (562) 570 -7387 Fax: (562) 570 -3053 A Y
www.lonabeach.gov/acs
Long Beach, Signal Hill, Los Alamitos (Dogs Only)
Unaltered (1 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