Resolution No. 79911
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RESOLUTION NO. 7991
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR ANIMAL CONTROL SERVICES BY AND
BETWEEN THE CITY OF VERNON AND THE SOUTHEAST AREA
ANIMAL CONTROL AUTHORITY FOR ANIMAL CONTROL
SERVICES FOR THE PERIOD JULY 1, 2002 TO JUNE 30,
2003
WHEREAS, -the City Council of the City of Vernon has adopted
an ordinance providing for animal control regulations; 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, 2002; and
WHEREAS, on June 13, 2002, the Finance Committee recommended
that the City Council approve the recommendation of Bruce V.
Malkenhorst, the Director of Finance, dated May 29, 2002, that the City'
approve a new Agreement with SEAACA for animal control services for the
fiscal year 2002/2003, and increase the fees paid by the City of Vernon
to SEAACA for Field Officer services by seven percent (7%) as set forth
in Exhibit "A" to the new Agreement; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into an agreement with SEAACA for animal control
services for the fiscal year 2002/2003.
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 true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement For Animal Control Services with SEAACA for the
period July 1, 2002 to June 30, 2003, a copy of which is attached
hereto as Exhibit "A" and made a part hereof.
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 Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Agreement to:
Southeast Area Animal Control Authority
Attn. Dan Morrison, Executive Director
9777 SEAACA Street
Downey, CA 90241
SECTION 5: 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 June, 2002.
(ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS C. MALBUR �,Mayor
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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.
7991, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, June 19,
2002, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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AGREEMENT FOR ANIMAL CONTROL SERVICES
THIS AGREEMENT is entered into this day of , 2002
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 1980-1981 through and including 2001-2002 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 2002-2003.
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
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
VERNON2002-2003.doc 2 5/ 15/2002
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 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
VERNON2002-2003.doc 3 5/ 15/2002
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.
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.
VERNON2002-2003.doc 4 5/ 15/2002
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, 2002 through June 30, 2003,
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
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.
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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.
ATTEST:
City Clerk
APPROVED AS TO FORM AND CONTENT:
City Attorney
CITY OF VERNON
BY:
Mayor
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SOUTHEAST AREA ANIMAL
CONTROL AUTHORITY
BY:
Jesse Luera, Chairperson
ATTEST:
Dan Morrison, Commission Clerk
APPROVED AS TO FORM AND CONTENT:
Scott Nichols, SEAACA Attorney
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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
VERNON2002-2003.doc
0
UNIT COST
$50.90
$ 6.92
$13.84
$33.30
$27.75
$55.50
5/15/2002
0
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 826-1438
Finance Committee
City of Vernon
Honorable Members:
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
CITY HALL BRUCE W. OLSON
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
TELEPHONE (323) 583-8811 FAX: (323) 826-1481
a\
June 4, 2002 na'
�4k.� V
C �
The current Animal Control Service Agreement with the Southeast Area
Animal Control Authority (SEAACA) expires on June 30, 2002. The
proposed agreement reflects a 7% increase on the Field Officer
Services hourly -rate, anticipating merit -pay increases and cost of
living expenses.
Type of Service
Field Officer Service
Shelter of live animals;
Per animals, per day
Special holding, quarantine
Impounds, per animal, per day
Veterinary medical services
Impoundment of livestock
Use of special equipment,
Per hour
,)nni-,)nn,) 9nn?-9nni
$47.13 $50.90
$ 6.92 No Change
$13.84 No Change
$33.30 No Change
$27.75 No Change
$55.50 No Change
This has been reviewed by the Director of Environmental Health and
City Attorney and it is hereby recommended that the agreement be
approved.
Very truly yours,
Bruce V. Malkenhorst
Director of Finance
BVM/gm
1ja:41119
Toe Bruce V. Malkenhorst, City Administrator
rem: Lewis Pozzebon, Director, Environmental Health
Date: 613/2002
Re: Animal Control Services Agreement
The current animal control service agreement with the Southeast Area Animal Control
Authority (SEAACA) expires on June 30, 2002. Dan Morrison, Executive Director for
SEAACA, forwarded the attached new agreement to our department and notified us that
one of the fees was being increased. Mr. Morrison advised us that the hourly fees for Field
Officers were being increased because of anticipated merit pay and cost of living raises.
The fees for Field Officers' services in the new agreement have been modified by seven per
cent (7%), but the rest of the service fees remain the same as last year's fees. The following
is a comparison of unit costs of last year's rates and the proposed rates:
Type of Service 2001-02 Cost 2002-03 Cost
Field Officer Service, per hour $47.13 $50.90
Shelter of live animals; per animal, per day $6.92 $6.92
Special holding, quarantine impounds, per $13.84 $13.84
animal, per day
Veterinary medical services $33.30 $33.30
Impoundment of livestock $27.75 $27.75
Use of special equipment, per hour $55.50 $55.50
Based on the performance by SEAACA in continuing to provide good service to businesses
and the City, I am recommending that the attached agreement (two originals) 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.
Attachments
xc: Eduardo Olivo, City Attorney
1/admiWmernos%sea agreement 2002