Resolution No. 4757
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RESOLUTION NO. 4757
A RESOLUTION OF TIlE GITY,,~9UNCU:L OF TH:t: CITY
OF VERNOR ESTABL4;SHJ;NG j)(jG'LICENSE ,FE.ES AND
APPROV1NG THE EXECUTION OF AN AGREEMENT BETWEEN
THE CITY OF VERNON AND" SOtJTHEAST, ,AREA ,ANI~
CONTROL AUTHORITY FOR'MiII~D.CON!l'ROL SERVICES
WHEREAS, the City Council of' the C~t}Tq:t Ve;r;nOl)" has
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adopted an Ordinanceproyiding for animal control reg~lation; and
WHEREAS., Louis S. Hauger, Director of Environmental
Health, has recommended by memo dated September 16, 19,80 that
the CitY-of Vernon contract with the Southeast Area Animal Control
Authority because it would be in the best interests of the 'City.
NOW, THEREFORE,. BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City Council of the City of Vernon
IS does hereby'find and determine that the recitals contained herein-
16 above are true and correct.
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SECTION 2: That the City Council of the City of Vernon
18 hereby approves the execution of an Agreement which is attached
19 hereto as Exhibit "A" and incorporated herein as though fully set
20 fbJ::'t~ at length and authorizes the Mayor and the City Clerk to
21 exeBut:.$,s~id,Agreement for and on behalf of the Ci tyCouncil of
22 the Cit:Y" of 'Vernon.
23 SECTION 3: That the City C9uncil of the City ,of Vernon
24' establishes'fees for the licensing of dogs as follows:
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Spayed Or neutered dogs. .
. $ 5,.00 per dog
.$15.00 per dog
Unal tered, dogs . . .
SECTION 4: The City Clerk of the City of Vernon shall
28~QJ',ti;fy to the passage of this, Reso'lution and thereupon and there-
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1 after the same shall be in full force and effect.
2 APPROVED AND ADOPTED this Laifu.day of Octobe:t:'I 1980.
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--- :EONIS c. MALBU?, Mayor> ...
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13R~ENHORST' C1ty Clerk
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STATE OF CALIFORNIA )
) 55.
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Verno.n, do hereby certify that the foregoing Resolution, being
Resolution No.
4757
, was duly adopted by the City Council
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of the City of Vernon, and was approved by the Mayor of said
Ian adjourned
City at ~regular meeting of the City Council held on
October 16
, 198 0 .
~/d~
BRUCE V. ~mLKENHORST, City Clerk
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AGREEMENT
THIS AGREEMENT is entered into this 9th day of October ' 1980, by
and between the SOUTHEAST AREA ANIMAL CONTROL AUTHORITY, whose
address is 9777 SEAACA Street, Downey, California, (herein "AUTHORITY") and
the CITY OF VERNON, a California Municipal corporation, whose address is
4305 Santa Fe Avenue, Vernon, California, (herein "CITY").
RECIT ALS
A. AUTHORITY is a public agency organized by the cities of Downey, Norwalk
and Pico Rivera pursuant to the provisions of Section 6500 et seq. of the California
Government Code for the purpose. of providing animal control services within the
boundaries of the cities of Downey, Norwalk, and Pico Rivera, and such other
municipal corporations as are approved by the AUTHORITY:
B. CITY has requested that AUTHORITY enter into this Agreement and
provide for the CITY during the term thereof, the animal control services which are
more fully described h~reinafter;
c. Both CITY and AUTHORITY have authorized entering into this Agreement
by formal action of their respective governing bodies, taken at properly noticed
public meetings.
NOW THEREFORE~ in consideration of performance by the parties of the
covenants and conditions herein contained, the parties hereto agree as follows:
1. AUTHORITY agrees:
1. To provide the following animal cohtrol services within the corporate
limits of CITY to the extent and in the manner hereinafter set forth: (i) the impounding
and picking up of stray, sick or injured animals from the public streets and private
property; (Ci) the enforcement of applicable leash law requirements; (Hi) the operation
of animal control shelters; (iv) the enforcement of applicable rabies vaccination require-
ments (v) the enforcement of applicable standards for animal care; and, (vi) the
enforcement of applicable State statutes and ordinances, and such other services as
are customarily rendered by the AUTHORITY to the cities of Downey, Norwalk and
Pico Rivera
2. To provide the above described services to theCITY on the following
basis:
(a.) During the course of this Agreement, CITY shall be provided
animal control services as needed and pursuant to a request for service by the CITY
or any resident or citizen thereof.
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EXHIBIT "A"
(b.) Each day, CITY shall receive an amount of field patrol and
call service hours as is necessary to effectively and expeditiously handle service'
requests as setforth in item I (a) above.
(c.) AUTHORITY shall respond to emergency an~ routine calls
for service on the same basis as these services are provided to the cities of
Downey, Norwalk and Pico RiVera.
3. To provide the following optional additional services to the CITY,
if requested to do so, and on the following basis:
(a.) To inspect and' canvass all properties within the CITY to
determine the location at which animals are present, but shall not be involved in
the actual issuance of licenses for any such animals. If CITY requests this service,
it agrees to give thirty (3D) days written notice to the AUTHORITY and further
agrees to pay for said services the sum of $1.50 per license issued, which sum shall
be paid within thirty (30) days of receipt of the license fee by the CITY.
(b.) To issue animal licenses at the AUTHORITY's ;Shelter facility.
If so requested the AUTHORITY shall credit to the CITY all license fees collected on
behalf of the CITY and furnish to CITY information regarding the licenses issued.
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4. To maintain its kennels and animal shelter in a humane manner and keep
said premises in a sanitary condition at all times; to comply with all applicable laws,
of the State of California; and to give the prescribed notices and use humanemethqds
for the care and destruction of any animal coming under its jurisdiction.
(a.) To refund quarterly to CITY all impound fees which the .'
AUTHORITY collects and which are paid by residents of CITY; provided, however,
that special charges of the AUTHORITY , i.e., charges for veterinary services, quarantine,
etc., shall not be refunded to the CITY.
II. CITY agrees:
1. To cooperate and assist the AUTHORITY in performing its obligations
hereunder.
2. To provide AUTHORITY with awritten description of the procedures
which it requests the AUTHORITY to follow in responding to all calls f?r animal control
services within CITY's boundaries.
3. That if requested in writing by CITY, additional hours of patrol and
called for services, as described herein, may be performed by AUTHORITY when
AUTHORITY determines that such additional services will not interfere with the
maintenance level of the animal control services provided elsewhere by the AUTHORITY.
CITY will pay for such additional services in such amounts as are agreed to be AUTHORITY
and CITY.
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4. That if it requires that notices, forms, etc. are to be issued in
the name of the CITY that it will furnish the same to AUTHORITY at its own
cost and expense.
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5. That CITY agrees to pay AUTHORITY during the term of this
Agreement that amount, based on an hourly rate of $21.00, pro rata! for
each service request or patrol as set forth in item 2(a) and 2(b) of this Agree-
ment and in the attached Exhibit "A", setting forth Shelter and medical fees
and billed to CITY each month, said sum to be paid within ten (l0) days after
the end of the month within which the services are rendered, with the first
payment due on or before December 10, 1980. If payment is not delivered
to the AUTHORITY within ten (l0) days after the month within which the
services are rendered, the AUTHORITY is entitled to recover interest thereon.
Said interest shall be at the rate of 1/2 of 1% per calendar month or any portiol,
thereof calculated from the last day of the month in which the services were
performed. If such payment is not delivered to the AUTHORITY within the tirn~
set forth hereinabove, the AUTHORITY may satisfy such indebtedness,inc1udin~
interest thereon, from any funds of the CITY on deposit or to the credit of
AUTHORITY, without giving further notice to CITY of theA1;,,1THORITY's
intent to do so.
III. The PARTIES agree:
1. That the service to be performed by the AUTHORITY shall
only encompass those duties and functions of the AUTHORITY w~ich are
rendered by it and which it is authorized to provide pursuant to the provisions
of the Joint Exercise of Powers Agreement and the statutes of this State.
2. That the rendition of services performed hereunder, the
standard of performance and other matters incidental to the performance of
such services and the control of personnel so employed shall remain in the
AUTHORITY. In the event that a dispute arises between the AUTHORITY and the
CITY as to the extent of the duties and functions to be rendered hereunder or
the manner of the performance of such services,the determination thereof
shall be made by the AUTHORITY.
3. That for the purpose of performing all functions, AUTHORITY
shall furnish and supply all necessary labor, supervision, equipment and supplies
necessary to providethe level of services to be rendered hereunder.
4. That all persons employed by AUTHORITY in the performance
of this Agreement shall be AUTHORITY employees and no CITY employee as
such shall be taken over by said AUTHORITY and no person employed hereunder
shall have any CITY pension, civil service, or any status or right. For the purpose
of performing such services and functions, and for the purpose of giving official
status to the performance thereof where necessary, every AUTHORITY officer
and employee engaged in the performance of any service hereunder shall be
deemed to be an officer or employee of said CITY while performing services
for said CITY, which services are within the scope of this Agreement.
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5. That CITY shall not be called upon to assume any liability f~r
the direct payment of any salaries wages, or other compensation for any AUTHO-
RITYpersonnel performing services hereunder for said AUTHORITY, or any
liability other than that provided for in this Agreement. Except as herein
otherwise specified the CITY shall not be liable for compensation or indemnity
to any AUTHORITY employee for injury or sickness arising out of his employment.
6. That the AUTHORITY, its officers and employees, shall not be
deemed to assume any liability for intentional or negligent acts of said CITY
or of any officer or employee thereof, nor for any defective or danerous con-
dition of the property of the CITY, and CITY shall hold the AUTHORITY and its
officers and employees harmless from, and shall defend the AUTHORITY and
the officers and employees thereof against any claim for damages resulting
therefrom.
7. That CITY, its officers, and employees shall not be deemed to
assume any liability for intentional or negligent act~ of the AUTHORITY or
of any officer or employee thereof, and i th,e,AUTHORITY shall hold CITY
and its officers and employees harmless from, and shall defend CITY and
the officers and employees thereof against any claim for damages resulting
therefrom.
8. That CITY will enact and maintain in full force and effect an
Ordinance which provides for standards 'of qu~lii'y care and control of animals
and "which does not conflict with any applicable State law or rules or regulations
adopted by the AUTHORITY" In this regard CITY agrees to adopt the proposed
Uniform Animal Control Ordinance within a reasonable period of time.
9. That the term of this Agreement shall be for the period of
November 1, 1980 through June 30, 1981, inclusive, unless the Agreement is
terminated as herein provided and said Agreement shall be extended on an annual
basis thereafter, unless ninety (90) days prior to the end of each fiscal year, June
30, notice is given by either party of their intent to terminate this Agreement.
Should AUTHORITY default during the term of this Agreement in the performance
of its obligations as set forther herein and fail to cure said default within fifteen
(15) days' written notice to do so, then CITY may terminate this Agreement,
and upon payment to AUTHORITY of monies owing to the AUTHORITY for
satisfactory performances rendered pursuant to this Agreement and through the
date of said termination, thereafter there shall be no obligation of the CITY to
the AUTHORITY. Should CITY fail to pay the sums owing to the AUTHORITY
as provided hereunder or otherwise default in any provision of this Agreement,
.and fail to cure said default within fifteen (15) days' written notice to do so then
AUTHORITY may terminate this Agreement and upon the effective date of said
termination, there shall be no further obligation of the AUTHORITY to the CITY.
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10. That the contract price as set forth in Paragraph II,5, above,
is an estimated figure for the term of the Agreement, 8 months. Said figure
is based on the following annual estimate of units and costs as generally se;:t
forth in a statistical analysis submitted to AUTHORITY in September, 1980,
and attached herewith as exhibit A.
The AUTHORITY shall, not less than thirty (30) days prior to July 1, 1981
review the actual services rendered to CITY as of that date and in the event
there is~y increase or decrease from estimates set forth above, a proportionate
adjustment shall be made for the services rendered pursuant to this Agreement.
Said adjusted rate for the contract service, if any, shall become effective July 1,
1981, subject to concurrence by CITY.
II. That any notice required to be sent hereunder shall be deemed
received if addressed to the address of the parties as set forth hereunder and
deposited, postage prepaid, in the United States Post Office, or to such other
address as the parties may, from time to time, in writing, furnish to the other
party.
IN WITNESS WHEREOF, the CITY OF VERNON by order of its City Council
caused this Agreement to be signed by its Mayor and attested by its Clerk, and
the SOUTHEAST AREA ANIMAL CONTROL AUTHORITY, by order of its
Commission, has caused this Agreement to be subscribed by the Chairman of
said Commission and the seal of said Commission to be affixed thereto and
attested by the Clerk of said Commission.
CITY OF VERNON
BY
Mayor, Leonis C. Malburg
ATTEST:
City Clerk
APPROVED AS TO FORM AND CONTENT~
City Attorney, David B. Brearley
SOUTHEAST AREA ANIMAL CONTROL
AUTHORITY
By
THEODORE H. JACKMAN
Chairman, Authority Commission
ATTEST:
, BURK M. BUSSIERE
Authority Director
Clerk of the Authority Commission
APPROVED AS TO FORM AND CONTENT:
MR. SAMUEL SIEGEL, ESQ.
Authority Commission Attorney
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City of Vernon Agreement
E.XHIBIT "A"
Item
Unit Cost
Shelter of live animals, per animal, per day
$3.00
Special holding, quarrantine impounds, per
animal, per day
$4.00
Veterinary medical services limited to. . .
$15.00
Impoundment of livestock, per animal
$12.50