Resolution No. 6963
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RESOLUTION NO . 6963
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXEC~ION
OF AN AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND THE SOUTHEAST AREA ANIMAL CONTROL
AUTHORITY (SEAACA) FOR ANIMAL CONTROL SERVICES
FOR THE PERIOD JULY 1, 1997 TO JUNE 30,1998
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WHEREAS, the City Council of the City of Vernon has
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adopted an ordinance providing for animal control regulation; and
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WHEREAS, the City of Vernon executed an Agreement with
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the Southeast Area Animal Control Authority (SEAACA), a public
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agency, for animal control services in 1980, which has been
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revised and amended periodically and which will expire on June 30,
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1997; and
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WHEREAS, SEAACA has requested certain clarifications to
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the Agreement and an increase in fees to cover costs; and
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WHEREAS, pursuant to the recommendation of Bruce V.
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Malkenhorst, Director of Finance, the Finance Committee on May 19,
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1997, recommended that the City council of the City of Vernon
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approve a revised Agreement with SEAACA for animal control
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services for the year 1997/1998, and increase the fees paid by the
City of Vernon to SEAACA as set forth in Exhibit "A" to the
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revised Agreement; and
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WHEREAS, Dan Morrison, Executive Director of SEAACA, has
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recommended to the SEAACA Board of Directors that it approve said
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Agreement.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the city of Vernon hereby
finds and determines that the recitals contained hereinabove are
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true and correct.
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SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement with SEAACA for animal control services for
the period July 1, 1997 to June 30, 1998, a copy of which
Agreement has been presented to the City Council concurrently with
this resolution, and the City Council hereby orders said Agreement
to be received and filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Agreement
for, and on behalf of, the City of Vernon.
SECTION 4: The city Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 3rd day of June, 1997.
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BRUCE V. MALKENHORST, City
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 6963, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
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on Tuesday, June 3, 1997, and thereafter was duly signed by the
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Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
~/~7~3
AGREEMENT
THIS AGREEMENT is entered into this !O:J:::;JA. day of ~
,1997
by and between the SOUTHEAST AREA ANIMAL CONTROL AUTHORITY, whose address is
9777 SEAACA Street, Downey, California 90241 (herein "SEAACA") and the CITY OF
VERNON, a California Municipal corporation, whose address is 4305 Santa Fe Avenue,
Vern6n, California 90058 (herein "CITY").
RECITALS
A. SEAACA is a public agency organized by the cities of Downey, Norwalk, Pico
Rivera, Bell Gardens, Montebello, Paramount, Santa Fe Springs and South EI Monte 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 those cities and such other municipal
corporations as are approved by SEAACA:
B. SEAACA has performed animal control services for the CITY during the fiscal
years 1980-81 through and including 1996-97 in accordance with Agreements, and the CITY
and SEAACA desire to continue the contractual relationship to enable SEAACA to continue to
provide animal control services to the CITY during the fiscal year 1997-98.
C. Both CITY and SEAACA have authorized entering into this Agreement by formal
action of their respective governing bodies, taken at properly noticepd public meetings.
NOW THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
SECTION I. SEAACA AGREES:
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To perform the following services for CITY:
a.
The impounding and picking up of stray, sick or injured animals from the
public streets and private property;
b. The enforcement of applicable leash law requirements;
c. The operation of animal control shelters;
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d. The enforcement of applicable rabies vaccination requirements;
e. The enforcement of applicable standards for animal care;
f. The enforcement of applicable State statutes and ordinances. and such
other services as are customarily rendered by SEAACA.
2. To provide kennel and animal shelter services to CITY at 9777 SEAACA Street.
Downey. California. At that facility SEAACA shall accept all animals delivered for impound
from CITY on a 24-hour-a-day, seven-days-a-week basis.
3. During the course of this Agreement, CITY shall be provided animal control
services as needed and pursuant to a request for emergency or routine services by the CITY
or its Police Department.
4. That if requested in writing by CITY. additional hours of patrol and called for
services. as described herein, may be performed by SEAACA when SEAACA determines that
such additional services will not interfere with the maintenance level of the animal control
services provided elsewhere by SEAACA. CITY will pay for such additional services in such
amounts as are agreed to by SEAACA and CITY.
5. 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 humane methods for the care and
destruction of any animal coming under its jurisdiction.
6. At CITY's request, as set forth in this section, to inspect and canvass all
properties within the CITY to determine the location at which animals are present. provided,
however, SEAACA shall not be involved in the actual issuance of licenses for any such
animals. If CITY desires this service. it agrees to give SEAACA thirty (30) days written notice
prior to the start of the Fiscal Year in which the inspection and canvass is to be performed.
Fiscal Year shall be the period from July 1 through June 30. If CITY requests this inspection
and canvass. it further agrees to pay to SEAACA the amount that will be calculated and
presented to the CITY fifteen (15) days prior to the start of the Fiscal Year.
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SECTION II. CITY AGREES:
1. To cooperate and assist SEAACA in performing its obligations hereunder.
2. To pay SEAACA during the term of this Agreement in accordance with the
schedule of fees outlined in the attachment, Exhibit "A", setting forth Field, Shelter and medical
fees and billed to CITY periodically, said sum to be paid within thirty (30) days after receipt of
invoiCe. If payment is not delivered to SEAACA within thirty (30) days after CITY's receipt of
invoice, payment shall be considered to be delinquent and SEAACA is entitled to recover
interest thereon. Said interest shall be at the rate of 1% per calendar month or any portion
thereof on delinquent funds. If such payment is not delivered to SEAACA within the time set
forth hereinabove, SEAACA may satisfy such indebtedness, including interest thereon, from
any funds of the CITY on deposit or to the credit of SEAACA, without giving further notice to
CITY of SEAACA's intent to do so.
3. To furnish to SEAACA at CITY's own cost and expense, any notices, forms, or
other documents of a similar nature which are to be issued in the name of the CITY.
SECTION III. THE PARTIES AGREE:
1. That the services to be performed by SEAACA shall only encompass those
duties and functions of SEAACA which are rendered by it and which is authorized to provide
pursuant to the provisions of the Joint txercise 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 control of
personnel so employed shall remain in SEAACA. In the event that a dispute arises between
SEAACA 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
SEAACA.
3. That for the purpose of performing all functions, SEAACA shall furnish and
supply all necessary labor, supervision, equipment and supplies necessary to provide the level
of services to be rendered hereunder.
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4. That all persons employed by SEAACA in the performance of this Agreement
shall be SEAACA employees and no CITY employee as such shall be taken over by said
SEAACA, 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 SEAACA
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.
SECTION IV. INDEMNIFICATION
1. That CITY shall not be called upon to assume any liability for the direct payment
of any salaries, wages, or other compensation for any SEAACA personnel performing services
hereunder for said SEAACA, 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 SEAACA employee for injury or sickness arising out of his/her employment.
2. That SEAACA, 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 dangerous condition of the property of the CITY, and CITY shall hold
SEAACA and its officers and employees harmless from, and shall defend SEAACA and the
officers and employees thereof against any claim for damages resulting therefrom.
3. That CITY, its officers and employees shall not be deemed to assume any
liability for intentional or negligent acts of SEAACA or of any officer or employee thereof, and
SEAACA 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.
SECTION V. TERM
That the term of this Agreement shall be for the period of July 1, 1997 through June 30, 1998,
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 renegotiate or terminate this
Agreement. Should SEAACA default during the term of this Agreement in the performance of
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its obligations as set forth 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 SEAACA of
monies owing to SEAACA 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 SEAACA. Should CITY fail to pay the sums owing to SEAACA 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 SEAACA may terminate this Agreement and upon the
effective date of the termination, there shall be no further obligation of SEAACA to the CITY.
Such termination shall not be deemed a waiver of any rights SEAACA may have against CITY
for any sums due to SEAACA under the terms of this Agreement.
SECTION VI. AMENDMENT
This Agreement shall not be amended, or any provision or breach hereof waived, except in
writing signed by the parties expressly referring to this Agreement.
SECTION VII. NOTICE
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 SEAACA, by order of its
Commission, has caused this Agreement to be subscribed by the Chairman of said
Commission and attested by the Clerk of said Commission.
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CITY OF VERNON
ATTEST:
BY~'
--Le nis C. Malburg, M' yor
rL-/J~
City Clerk
APPROVED AS TO FORM AND CONTENT:
D~~( ~/L~~/
City Attorney r
SOUTHEAST AREA ANIMAL
CONTROL AUTHORITY
BY~~~~/
/ nry He, Chairp son
ATTEST:
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Commission Clerk
APPROVED AS TO FORM AND CONTENT:
sft~~
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EXHIBIT A
AGREEMENT
CITY OF VERNON
ITEM
UNIT COST
$37.40
Fiela Officer Service, per hour
Shelter of live animals; per animal, per day
$ 5.60
Special holding, quarantine impounds;
per animal, per day
$ 9.40
Veterinary medical services, limited to
$30.00
Impoundment of livestock, per animal
$25.00
Use of special equipment, per hour
$50.00
VERN0098.CTR
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5/12/97
Information to be entered when assigning new
agreement# to system.
CATEGORY (circle one only) : L & P, GAS, GENERAL, LICENSE
AGREEMENTS OR
REDEVELOPMENT. AGENCY
# 1. A royal date: ~ (G ~ ~ # 1 a. Agreement # ~ ~ ~
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#3. Effective Date: if different from a royal date) ~ ~ I ~ ~
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#5. Expiration Date: NONE
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INTER-OFFICE MEMORANDUM
DATE: June 10, 1997
TO: Lewis Pozzebon, Director of Environmental Health
FROM: Gloria J. Oros o, h' f Deputy City Clerk
SUBJECT: SEAACA AGREEME
Transmitted herewith are two duplicate originals of the above-
referenced agreement which have been executed by Mayor Malburg
and the City Clerk. will you please see that the documents are
executed by SEAACA and ask them to return one fully executed
agreement to me.
Thank you..
GJO/hr
Enclosure
1. To perform the following services for CITY: .
a. The impounding and picking up of stray, sick or injured animals from the
public streets and private property;
b. The enforcement of applicable leash law requirements;
c. The operation of animal control shelters;
CITY COUNCIL DAVID B. BREARLEY
LEONIS C. MALBURG ~ City Attorney
FAX: (818) 330-5818
Mayor
THOMAS A. YBARRA KEVIN WILSON
Mayor Pro-Tern ~ Director of Community Services & Water
FAX: (213) 588-2761
Wm. "BILL" DAMS
Councilman KENNETH J. DeDARIO
Director of Light & Power
H. "LARRY" GONZALES FAX: (213) 583-1983
Councilman
DAVE TELFORD
W. MICHAEL IVIcCORMICK Fire Chief
Councilman
FAX: (213) 581-1385
BRUCE V. MALKENHORST CITY HALL LOUIS ROSENKRANTZ
City Admuustrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178
May 28, 1997
City Council
City of Vernon
Honorable Members:
At their meeting held May 19, 1997, the Finance Committee approved
entering into an agreement with Southeast Area Animal Control
Authority (SEAACA) for animal control services contingent upon
approval of the agreement by the City Attorney's office.
The agreement has now been approved by the City Attorney, and. it is
hereby recommended that said agreement be approved and executed.
Very truly yours,
Bruce V. Malkenhorst
City Clerk
BVM/hr
CITY COUNCIL DAVID B. BREARLEY
LEONIS C. MALBURG City Attorney
FAX: (818) 330-5818
Mayor
THOMAS A. YBARRA KEVIN WILSON
Mayor Pro-Tem Director of Community Services & Water
FAX: (213) 588-2761
Wm. "BILL" DAMS
Councilman KENNETH J. DeDARIO
Director of Light & Power
H. "LARRY" GONZALES FAX: (213) 583-1983
Councilman
DAVE TELFORD
W. MICHAEL McCORMICK Fire Chief
Councilman FAX: (213) 581-1385
BRUCE V. MALKENHORST CITY HALL LOUIS RoSENKRANTZ
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178
May 15, 1997
Finance Committee
City of Vernon
Honorable Members:
The animal control services agreement with the Southeast Area
Animal Control Authority (SEAACA) expires June 30, 1997. SEAACA
has submitted a new agreement with a substantial increase in fees
(see attached Exhibit A).
Staff has evaluated the City's usage of SEAACA services, program
costs, and available options and compared them with those offered
by Los Angeles County and determined that"we should continue
utilizing the services of SEAACA.
This has been reviewed by the Director of Environmental Health, and
it is hereby recommended that a new agreement with SEAACA
reflecting the increase in service fees be approved effective July
1, 1997 through June 30, 1998, contingent upon the City Attorney's
approval of the agreement.
Very truly yours,
/Z:~'
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Bruce V. Malkenhorst
Director of Finance
BVM/hr
interoffice
MEMORANDUM
~4~~~~
To: Bruce V. Malkenhorst; City Administrator -
From: Lewis Pozzebon, Director, Environmental Health Department
Subject: ANIMAL, CONTROL SERVICE AGREEMENT
Date: May 14, 1997 '
The current animal control service agreement with the Southeast Area Animal Control Authority
(SEAACA) expires on June 30, 1997. Dan Morrison, Executive Director for SEAACA, forwarded
the attached new agreement to our department. The new agreement is a revised version of the
agreement which the City signed in 1985. and has been extended on a yearly basis. The new
agreement also includes a substantial. increase in fees. ~ a
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On May,12, 1997, Dan Downing and I met with Mr. Morrison to discuss the new agreement. The
meeting was scheduled to get a better understanding of :the need for the new agreement, receive a
rationale for fee increases, discuss errors and .make comments on the agreement, and obtain
background information on SEAACA's organization and operation. During the meeting we resolved
many of our concerns and clarified some misconceptions. Mr. Morrison pointed out that:
- The new agreement was updated to reflect current operations.
- A first time audit of program costs specific to Vernon revealed SEAACA was
not recovering their costs for providing us service. Previous adjustments in
fees were made-according to cost-of-living changes.
We have evaluated :our usage of SEAACA services, program costs and other available options. For
a one year period, (January -December 199:6), SEAACA was. requested to respond to Vernon 122
times for animal control .activities.. Costs for the same period totaled $5,581.30.
The only other options for animal control services are to form our own agency, join with a
neighboring jurisdiction, or contract. with Los Angeles County. In order to maintain a similar level
of service at a comparable cost, the only viable option is the Los Angeles County .program. The
County program's rates are higher (by 11%) than the proposed SEAACA rates for 1997-98. And,
it is our understanding that there is dissatisfaction with the. quality of service provided by the County.
For example the City of Commerce is negotiating a change from the County to SEAACA because
of slow response by the County to service requests.
Bruce V, Malkenhorst, City Administrator
Page 2
May 14, 1997
Based on the following, I am recommending approval of the attached agreement with SEAACA:
- SEAACA continues to provide good service to the City.
- The changes in the new agreement are not significant.
- Vernon businesses continue to utilize SEAACA services.
- The proposed fee increases are still substantially less than the fees charged by
the County.
A copy of the agreement is also being forwarded to the City Attorney for review. If you have any
questions or require fixrther information, please contact me.
Attachment
LJP:cd
xc: David Brearley, City Attorney
si:gen~nemoslseaacaagree.mem
EXHIBIT A
AGREEMENT
CITY OF VERNON
ITEM UNIT COST ~ ~ p
Field Officer Service, per hour $37.40 ~ ~ ~
o~D
Shelter of live animals; .per animal, per day $ 5.60
Special holding, quarantine impounds; ~ ~ o~ a
per animal, per day $ 9.40
~v
Veterinary medical services, limited to $30.00
D~p
3~
Impoundment of livestock, per animal $25.00
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Use of special equipment, per hour $50.00
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