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Resolution No. 71291 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION 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, 1998 TO JUNE 30, 1999 WHEREAS, the City Council of the City of Vernon has adopted an ordinance providing for animal control regulation; and WHEREAS, the City of Vernon executed an Agreement with the Southeast Area Animal Control Authority (SEAACA), a public agency, for animal control services in 1980, which has been revised and amended periodically and which will expire on June 30, 11998; and WHEREAS, Bruce V. Malkenhorst, City Administrator/City Clerk, has recommended that the City Council of the City of Vernon approve a revised Agreement with SEAACA for animal control services for the year 1998/1999, and increase the fees paid by the City of Vernon to SEAACA by two percent (2%) as set forth in Exhibit "A" to the revised Agreement; and WHEREAS, Dan Morrison, Executive Director of SEAACA, has recommended to the SEAACA Board of Directors that it approve the revised Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are Itrue and correct. SECTION 2: The City Council of the City of Vernon hereby japproves the Agreement with SEAACA for animal control services for n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the period July 1, 1998 to June 30, 1999, 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 19th day of May, 1998. EONIS C. MALB , Mayor ATTEST* BRUCE V. MALKENHORST, City Clerk -2- EME 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7129, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, May 19, 1998, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk -3- SUPPORTING DOCUMENTS CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern Wm. 'BILL" DAMS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 yo, f t-��p DAVID B BREARLEY QQ / City Attorney W r FAX: (818) 330-5818 KEVIN WILSON Director of Community Services & Water jKENNETH FAX (213) 588-2761 J. DeDARIO Director of Light & Power FAX: (213)583-1983 CITY HALL . 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 May 5, 1998 City Council City of Vernon Honorable Members: DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 The current animal control service agreement with the Southeast Area Animal Control Authority (SEAACA) expires on June 30, 1998. The new agreement is an updated copy of the agreement which the City signed in 1997. The only change in the new agreement is a two percent (2%) increase as a cost -of -living adjustment. This has been reviewed by the Director of Environmental Health Department and the City Attorney, and it is hereby recommended that the agreement be approved and executed. BVM/gst enclosure Very truly lyours, Bruce V. Malkenhorst City Clerk a interoffice MEMORANDUM To: Bruce V. Malkenhorst, City Administrator From: �f Lewis Pozzebon, Director, Environmental Health Department Subject: ANIMAL CONTROL SERVICE AGREEMENT Date: May 4, 1998 The current animal control service agreement with the Southeast Area Animal Control Authority (SEAACA) expires on June 30, 1998. Dan Morrison, Executive Director for SEAACA, forwarded the attached new agreement to our department. The new agreement is an updated copy of the agreement which the City signed in 1997. The only change in the new agreement is a two percent (2%) increase as a cost -of -living adjustment. Based on the performance by SEAACA in continuing to provide good service to businesses and the City, I am recommending that the attached agreement with SEAACA be considered for approval by the City Council. A copy of the agreement is also being forwarded to the City Attorney for review. If you have any questions or require further information, please contact me. Attachment LJP:cd xc: David Brearley, City Attorney 1p\my61eslmmmosV"aacmVw98 I AGREEMENT MAY 0 5 1998 HEALTH DEPARTMENT 7 THIS AGREEMENT is entered into this day of , 1998 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 CalifomiaMunicipal corporation, whose address is 4305 Santa Fe Avenue, Vernon, 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 El 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 performedanimal control services for the CITY during the fiscal years 1980-81 through and including 1997-98 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 1998-99. C. Both CITY and SEAACA 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: SECTION I. SEAACA AGREES: 1 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; 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 V ERN0099.CTR 2 4/22/98 California; and to give the prescribed notices and humane methods for the care and i' 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 ' I further agrees to pay to SEAACA the amount that will be calculated and presentedto` the CITY fifteen'(15) days prior to the start of the Fiscal Year. SECTION 11. 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 hereinaliove, 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. VERN0099.CTR 3 4/22/98 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 111. THE PARTIES AGREE:.. 1. That the services ,to be performed by SEAACA shall .oniy 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 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 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 .furni§h. and , supply all necessary labor, supervision, equipment and supplies necessary to provide .the level of services to be rendered hereunder. 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. VERN0099.CTR 4 4/22/98 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 perforating .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, 1998 through June 30, 1999, 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 SO, 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 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 VERN0099.CTRJ' 4/22/98 monies owing to SEAACA for satisfactory performances rendered pursuant to this Agreement and through the date of said termination, thereafter there shall be no obligationiof the CITY to SEAACA. Should CITY .fail to pay the sums owing to SEAACA as provided hereunder or otherwise default inany 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 WHEREOFq.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. VERN0099.CTR 6 4/22/98 CITY OF VERNON t BY: Leonis C. Malburg, Mayor ATTEST: City Clerk APPROVED AS TO FORM AND CONTENT: City Attorney SOUTHEAST AREA ANIMAL CONTROL AUTHORITY BY: George Minnehan, Chairperson ATTEST: Dan Morrison, Commission Clerk APPROVED AS TO FORM AND CONTENT: Scott Nichols, SEAACA Attorney VERN0099.CTR 7 4/2MS EXHIBIT A AGREEMENT CITY OF VERNON ITEM UNIT COST Field Officer Service, per hour $38.15 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 VERN0099.CTR 8 4/22/98 AGREEMENT THIS AGREEMENT is entered into this day of 1998 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, Vernon, 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 El 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 1997-98 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 1998-99. C. Both CITY and SEAACA 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. 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; 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, CITYshall 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 VERN0099.CTR 2 4/22/98 California; and to give the prescribed notices and humane methods for the care and destruction of any animal coming underits 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 into 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. SECTION 11. 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. V ER N0099.CTR 3 4/22/98 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 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 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 alffunctions, SEAACA shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to provide the level of services to be rendered hereunder. 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. VERN0099.CTR 4 4/22/98 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 notbe deemed to assume any liability for intentional or negligent acts of SEAACA or of any officer or employee the and SEAACK'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, 1998 through June 30, 1999, 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 its :obligations as set forth herein and fail to cure said default within fifteen (15) day's'z written notice to do so, then CITY may terminate this Agreement, and upon payment to SEAACA of VERN0099.CTR 5 4/22/98 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. VERN0099.CTR 6 4/22/98 City Clerk APPROVED AS TO FORM AND CONTENT: " City Attorney SOUTHEAST 'AREA ANIMAL CONTROL AUTHORITY George Minnehan, Chairperson ATTEST: Dan Morrison, Commission Clerk APPROVED AS TO FORM AND CONTENT: Sc tt Nichols, SEAACA Attorney VERN0099.CTR 7 4/22/98 EXHIBIT A AGREEMENT CITY OF VERNON ITEM UNIT COST Field Officer Service, per hour $38.15 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 specialequipment, per hour - $50.00 VERN0099.CTR 8 4/22/98 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 City Council City of Vernon DAVID B. BREARLEY City Attorney FAX: (818) 330-5818 Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 Honorable Members: Am, a �WWAM ,► May 5, 1998 KEVIN WILSON Director of Community Services & FAX: (213) 588-2761 KENNETH J. DeDARIO Water LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 The current animal control service agreement with the Southeast Area Animal Control Authority (SEAACA) expires on June 30, 1998. The new agreement is an updated copy of the agreement which the City signed in 1997. The only change in the new agreement is a two percent (2%) increase as a cost -of -living adjustment. This has been reviewed by the Director of Environmental Health Department and the City Attorney, and it is hereby recommended that the agreement be approved and executed. BVM/gst enclosure Very truly yours, Bruce V. Malkenhorst City Clerk U. interoffice MEMORANDUM To: Bruce V. Malkenhorst, City Administrator From:If Lewis Pozzebon, Director, Environmental Health Department Subject: ANIMAL CONTROL SERVICE AGREEMENT Date: May 4, 1998 The current animal control service agreement with the Southeast Area Animal Control -Authority (SEAACA) expires on June 30, 1998. Dan Morrison, Executive Director for SEAACA, forwarded the attached new agreement to our department. The new agreement is an updated copy of the agreement which the City signed in 1997. The only change in the new agreement is a two percent (2%) increase as a cost -of -living adjustment. Based on the performance by SEAACA in continuing to provide good service to businesses and the City, I am recommending that the attached agreement with SEAACA be considered for approval by the City Council. A copy of the agreement is also being forwarded to the City Attorney for review. If you have any questions or require further information, please contact me. Attachment LJP:cd xc: David Brearley, City Attorney 1p\tnyfiles\memos\seaac:ulgree98 V GD MAY 0 5 1998 HEALTH ' AGREEMENT DEPORTMENT y THIS AGREEMENT is entered into this day of , 1998 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 unicipal corporation, whose address is 4305 Santa Fe Avenue, Vernon, 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 El 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 1997-98 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 1998-99. C. Both CITY and SEAACA 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: SECTION I. SEAACA AGREES: • 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; 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 Vi other services as are customarily rendered by SEAACA. 2. To provide -kennel and animal shelter services to CITY, at 9777 SEAACA :Stre.efi, Downey, California. At that facility. SEAACA shall accept ,all animals delivered for iMpound 3 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 VERN0099.CTR 2 4/22/98 m 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 theCITY fifteen'`(15) days prior to the start of the Fiscal Year. SECTION il. 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.' `lf 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. VERN0099.CTR 3 4/22/98 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 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 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. p rming all functionsSEAACA shall furnish: and 3. That for. the purpose of erfo , , supply all necessary, labor, supervision, equipment and supplies necessary to provide,the level of services to be rendered hereunder. 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 Lservice, 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 �shali be L 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. VERN0099.CTR 4 4/22/98 _ 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` SEAACAtemployee 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`'andemployees 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, 1998 through June 30 1999, inclusive, unless the A reement is terminated as herein provided and said Agreement shall. be extended 'on ari annual basis thereafter, unless ninety`(90) days' prior to the` end of each fiscal year, June 3d, 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 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 V ERN0099.CTR 5 4/22/98 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, Agreementshall,,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 he Chairman of - said Commission and attested by the Clerk of said Commission. VERN0099.CTR 6 4/22/98 CITY OF VERNON BY: Leonis C. Malburg, Mayor ATTEST: City Clerk APPROVED AS TO FORM AND CONTENT: Dan Morrison, Commission Clerk APPROVED AS TO FORM AND CONTENT: Scott Nichols,-SEAACA Attorney VERN0099.CTR 7 4/22/98 EXHIBIT A ITEM Field Officer Service, per hour Shelter of live animals; per animal, per day Special holding, quarantine impounds; per animal, per day Veterinary medical services, limited to Impoundment of livestock, per animal Use of special equipment,l.per hour VERN0099.CTR E UNIT COST $38.15 $ 5.60 $ 9.40 $30.00 $25.00 $50.00 $ 4/22/98 OFFICE OF THE CITY CLERK INTER -OFFICE MEMORANDUM TO: Lewis Pozzebon, Director of Environmental Health FROM: Gloria J. Orosco, Chief Deputy City Clerk(//"l RE:' Southeast Area Animal Control Authority Agreement Dear Dear Lew: Attached hereto are two duplicate originals of the above referenced agreement which was approved by City Council. Please forward the agreement to the SEAACA Board for their execution and ask them to return one fully executed agreement to this office. Thank you. cc: Agreement File AGREEMENT THIS AGREEMENT is entered into this day of , 1998 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, Vernon, 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 El 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 1997-98 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 1998-99. C. Both CITY and SEAACA 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: SECTION I. SEAACA AGREES: 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; 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 V ERN0099.CTR 2 4/22/98 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. SECTION ll. 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. VERN0099.CTR 3 4/22/98 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 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 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. 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. VERN0099.CTR 4 4/22/98 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, 1998 through June 30, 1999, 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 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 VERN0099.CTR 5 4/22/98 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 Vl. 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. VERN0099.CTR 6 4/22/98 CITY OF VERNON BY: �bnis fta�lburg, Ma . r ATTEST: City Clerk APPROVED AS TO FORM AND CONTENT: City Attorney SOUTHEAST AREA ANIMAL CONTROL AUTHORITY BY: George Minnehan, Chairperson ATTEST: Dan Morrison, Commission Clerk APPROVED AS TO FORM AND CONTENT: Scott Nichols, SEAACA Attorney VERM0099.CTR 7 4/22/98 EXHIBIT A AGREEMENT CITY OF VERNON ITEM Field Officer Service, per hour Shelter of live animals; per animal, per day Special holding, quarantine impounds; per animal, per day Veterinary medical services, limited to Impoundment of livestock, per animal Use of special equipment, per hour UNIT COST $38.15 $ 5.60 $ 9.40 $30.00 $25.00 $50.00 V ERN0099.CTR 8 4/22/98 8 Arrival Date INDEPENDENT CITIES ASSOCIATION July 9-12, 1998 HOTEL RESERVATION Departure Date Accommodations (Check One): ❑ One Room.........................................................($135) ❑ One Bedroom Suite ........................................ ($230) Please specify request: ❑ Two Queens ❑ One King (Parlor + One Bedroom -One King Or Two Queens In Bedroom) ❑ Executive Suite...................................................($155) ❑ Two Bedroom Suite .......................................... ($365) (One King With Sitting Area) (Parlor + Two Bedrooms - One King Or Two Queens In Bedroom) Suites and room type availability is limited. Early reservations are encouraged! (Plus 10.5% Room Tax) Name City/Organization Address I City Zip Phone Number: Business ( This room reservation form completed by Check -In Time: 4:00 PM Number Of People In Party State Residence ( Phone No. (� Check -Out Time: 1:00 PM FIRST NIGHT'S DEPOSIT AND SATURDAY NIGHT PRE -PAYMENT IS REQUIRED. Reservations MUST be received by June 12, 1998. All Seminar participants staying at the Rancho Bemardo Inn Thursday and/or Friday night will be charged for Saturday night, regardless of whether the room is occupied. Room reservations will be on a space -available basis. Deposit refunds will be made only if reservation cancellation is received by the hotel at least 72 hours prior to arrival date. RESTRICTIONS: Individuals who are not registered for the ICA event or who do not represent a major program sponsor/contributor will not occupy rooms in the ICA room block at the Rancho Bemardo Inn as the number of rooms available are limited and are reserved for Seminar participants. Other rooms at the rack rate may be available. INDEPENDENT CITIES ASSOCIATION July 9-12, 1998 HOTEL RESERVATION Arrival Date Departure Date Accommodations (Check One): ❑ One Room.........................................................($135) ❑ One Bedroom Suite ........................................ ($230) Please specify request: ❑ Two Queens ❑ One King (Parlor + One Bedroom -One King Or Two Queens In Bedroom) ❑ Executive Suite...................................................($155) ❑ Two Bedroom Suite .......................................... ($365) (One King With Sitting Area) (Parlor + Two Bedrooms - One King Or Two Queens In Bedroom) Suites and room type availability is limited. Early reservations are encouraged) (Plus 10.5% Room Tax) Name City/Organization Address Zip City Number Of People In Party State Phone Number: Business Residence �) This room reservation form completed by Phone No. (� Check -In Time: 4:00 PM Check -Out Time: 1:00 PM FIRST NIGHT'S DEPOSIT AND SATURDAY NIGHT PRE -PAYMENT IS REQUIRED. Reservations MUST be received by June 12, 1998. All Seminar participants staying at the Rancho Bernardo Inn Thursday and/or Friday night will be charged for Saturday night, regardless of whether the room is occupied. Room reservations will be on a space -available basis. Deposit refunds will be made only if reservation cancellation is received by the hotel at least 72 hours prior to arrival date. RESTRICTIONS: Individuals who are not registered for the ICA event or who do not represent a major program sponsor/contributor will not occupy rooms in the ICA room block at the Rancho Bemardo Inn as the number of rooms available are limited and are reserved for Seminar participants. Other rooms at the rack rate may be available. INDEPENDENT CITIES ASSOCIATION July 9-12, 1998 SEMINAR REGISTRATION Type or print the following information exactly as you would like it to appear on the Seminar badges. City/Organization CITY OF VERNON Your Name Title Guest's Name I plan to arrive DAY: TIME: / Depart DAY: TIME: Please make reservations for (not to exceed 2): Registration Fees: Persons Friday - Reception/Dinner Persons Saturday - Reception/Banquet Seminar Registrants @ $595.................... $ Persons Sunday - Brunch Total Fees Enclosed ............................ $ This registration form completed by Phone No. (� "Guest" is defined as a spouse, personal friend or significant other. Guest privileges will not be used to avoid paying a second registration fee for city or private sector representatives. Fees will not be refunded unless a written request is received by the ICA Management Consultant no later than June 26, 1998. A maximum of two tickets for each registrant for each event will be available.