14-D
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Brian McNerney, Interim Director of Public Safety
SUBJECT: Consideration and possible action to authorize the Mayor to execute Agreement File No. 200.9, in a form approved by the City Attorney, with Southeast Area Animal Control Authority (SEAACA) for animal control services.
DATE: August 12, 2024
EXECUTIVE SUMMARY
The 2024-25 Agreement with SEAACA reflects an annual contract rate increase of 5.5%.
There are no changes in service delivery.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the Mayor to execute Agreement File No. 200.9, in a form approved by the City Attorney; and
2) Approve a budget amendment to increase the appropriation in Account No. 010-42100-2230 by $10,880, to $641,880; or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
As illustrated below, the proposed annual gross cost of SEAACA services is $779,880 which will be offset by the estimated licensing and penalty revenue of $138,000, for a net cost of approximately $641,880.
Cost of SEAACA services per AFN 200.9 $ 779,880
Less: Guaranteed animal license revenue (138,000) Net cost of SEAACA services $ 641,880
Note: Annual animal license fees collected in excess of the guaranteed revenue amount of $138,000 are split 50/50 between the City and SEAACA. Since fiscal year 2019-20, the City received no excess payments from SEAACA except for just one minimal amount of $56.00 for fiscal year 2021-22.
1 0F BELLFL Q m st af m teport
0F BELLFL 0‘44 0% 19 WW st af I‘eport
Staff Report – SEAACA Agreement File No. 200.9
August 12, 2024
DISCUSSION
The contract rate increase for fiscal year 2024-25 is 5.5% and the annual increases for the past three fiscal years were 8.0% (2023-24), 5.0% (2022-23), and 5.3% (2021-22).
According to SEAACA1:
The cost increases for this year’s agreement are due to base salary increases and monetary considerations for employee healthcare coverage and retirement. Additional increases are projected in site utilities, kennel supplies, surgical supplies, contracted services, veterinary medications, and emergency veterinary services. The SEAACA Board of Commissioners considered and approved the City of Bellflower’s Animal Control and Sheltering agreement taking into account the financial adjustments previously stated.
ATTACHMENT:
Agreement File No. 200.9 ............................................................................................... 3
1 Cathy Kyle, SEAACA Manager, Human Resources/Finance
1 _________________________________________________________________________________________________________________________________________________________________ Agreement for Animal Control and Sheltering Services FY 2024-2025 Page 1
AGREEMENT FOR ANIMAL CONTROL AND SHELTERING SERVICES
THIS AGREEMENT is entered into this 1st day of July 2024, by and between the SOUTHEAST AREA ANIMAL CONTROL AUTHORITY whose address is 9777 SEAACA Street, Downey, California (herein, "SEAACA”) and the CITY OF BELLFLOWER, a California Corporation, whose address is 16600 Civic Center Drive, Bellflower, California 90706 (herein “CITY").
RECITALS:
WHEREAS, 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 and sheltering services within the boundaries of those cities and such other municipal corporations as are approved by SEAACA, and WHEREAS, CITY has requested that SEAACA enter into this Agreement and provide Animal Control and Sheltering Services to the CITY during the term thereof, which are more fully described hereinafter, and
WHEREAS, both CITY and SEAACA have authorized entering into this Agreement by formal action of their respective governing bodies, taken at properly noticed meetings; THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties agree as follows:
SECTION I. SEAACA AGREES:
1. To perform the following services for CITY within the corporate limits of CITY:
a) To provide one (1) assigned officer, totaling forty (40) hours per week. b) To patrol the streets of CITY as many additional hours per month as necessary to enforce the provisions of BELLFLOWER’s Municipal Code relating to animal control. c) To enforce all applicable canine leash law requirements. d) To enforce all applicable standards for animal care. e) To operate an animal control shelter; to maintain its kennels and premises in a sanitary condition at all times; to comply with all applicable laws of the State of California; and to give the prescribed notices and use humane methods for the care and destruction of any animal coming under its jurisdiction.
f) To enforce all applicable State statutes, with respect to those services as are customarily rendered by SEAACA.
g) To pick up and impound loose, stray dogs.
h) To pick up sick, injured or otherwise physically suffering stray animals from the public streets and private property.
i) To pick up dead animals within 24 hours or as soon as reasonably possible. j) To investigate complaints relating to animal cruelty. k) To provide prompt 24 hours per day emergency service response for injured or vicious animals.
l) To provide all services and materials to establish and maintain a licensing and canvassing program.
m) To canvass all delinquent licenses each year and every household in the CITY a minimum 1 _________________________________________________________________________________________________________________________________________________________________ Agreement for Animal Control and Sheltering Services FY 2024-2025 Page 2 of once every two years to ensure that all animals required to have licenses are indeed licensed.
n) To provide licensing services at two rabies clinics each year. o) To keep and maintain during the term of this Agreement, books, and records pertaining to the licensing of dogs, collection of fees, and impounding of animals. Said books and records shall be available for audit and examination by the CITY during normal business hours and with reasonable notice. During the term of this Agreement, SEAACA will report to CITY the total dollar amount of license fees collected. SEAACA shall maintain a record of all complaints received and shall furnish the CITY upon request, with a written record of the complaints and the way in which complaints were handled.
2. That if requested in writing by CITY, additional services above those 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.
SECTION II. CITY AGREES:
1. To cooperate and assist SEAACA in performing its obligations hereunder, including the adoption of SEAACA’s Model Ordinance.
2. That for and in consideration of the rendition of services pursuant to this Agreement:
a) The total cost to the CITY for Fiscal Year 2024-2025 shall be $779,880.00 offset by revenues collected by SEAACA in performance of this Agreement for license fees and penalties.
SEAACA guarantees that said revenues shall be $138,000.00. If license revenues exceed that amount, 50% shall be returned to the CITY following the close of the fiscal year. b) The net annual cost to CITY for said services shall not exceed $641,880.00 and shall be paid by CITY to SEAACA upon invoice on the following schedule: $320,940.00 on July 1, 2024, and $320,940.00 on October 1, 2024. Said sums shall 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, SEAACA is entitled to recover interest thereon. Said interest shall be at the rate of ten percent (10%) per year, or any portion thereof, calculated from the last day of the month in which the services were performed. 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.
c) SEAACA shall be entitled to and shall retain all moneys that it collects from residents of the CITY for impounding, boarding, adoptions, spay/neuter fines and other penalties/fines imposed by the State of California.
d) The compensation and financial provisions of subsections a) and b) of Paragraph 2 of Section II, shall be adjusted annually by mutual agreement of the Parties. Prior to the end of each year of this Agreement, the parties shall commence negotiations to determine the compensation and financial provisions to apply for the next year of this Agreement. If the Parties are unable to agree, the parties may extend this agreement in writing on a month-to-month basis based on mutually agreeable written temporary compensation and financial provisions or terminate this Agreement. The compensation and financial provisions agreed upon by the Parties after the first year of this contract shall be reduced to writing and signed by all Parties.
1 _________________________________________________________________________________________________________________________________________________________________ Agreement for Animal Control and Sheltering Services FY 2024-2025 Page 3 e) SEAACA shall retain all fee and/or fines collected resulting from Administrative Hearings conducted by SEAACA.
SECTION III. THE PARTIES AGREE:
1. That the service performed by SEAACA shall only encompass those duties and functions of SEAACA which are rendered by it and which it is authorized to provide pursuant to the provisions of the Joint Exercise of Powers Agreement and the statutes of this State.
2. That the rendition of services performed hereunder, the standard of performance and other matters incidental to the performance of such service 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 the SEAACA Board of Commissioners.
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.
5. The CITY agrees to cooperate and confer with SEAACA regarding changes in service delivery options to assist with implementation of new programs to enhance services to the community.
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 City owned real property, 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 there from.
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 there from.
SECTION V. INSURANCE:
SEAACA is a member of the California Joint Powers Insurance Authority (California JPIA) and participates in self-insurance and commercial insurance programs administered by the California JPIA for its members. Primary Liability Program, including Automobile Liability Coverage Limit is $2,000,000 per occurrence, Annual Aggregate Limit shall be $2,000,000; Workers’ Compensation Program Coverage Limits shall be Statutory, Employers Liability is $1,000,000.
1 _________________________________________________________________________________________________________________________________________________________________ Agreement for Animal Control and Sheltering Services FY 2024-2025 Page 4 SECTION VI. TERM:
1. That the term of this Agreement shall be for the period of five years, July 1, 2024, through June 30, 2029, inclusive, unless the Agreement is terminated as herein provided. CITY and SEAACA may execute an Agreement at its expiration for an additional five-year period by mutual written agreement.
2. 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, less any credits to the CITY by 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, and upon payment to CITY of monies owing to CITY, 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.
3. Either SEAACA or CITY may terminate this Agreement by giving the other party ninety (90) days prior written notice.
SECTION VII. 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 VIII. 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 BELLFLOWER, by order of its City Council caused this Agreement to be signed by its Mayor and attested to by its Clerk, and the SOUTHEAST AREA ANIMAL CONTROL AUTHORITY, (a.k.a. SEAACA), by order of its Commission, has caused this Agreement to be signed by its Chairperson of said Commission and attested to by SEAACA’s Executive Director.
1 _________________________________________________________________________________________________________________________________________________________________ Agreement for Animal Control and Sheltering Services FY 2024-2025 Page 5
AGREEMENT WITH SOUTHEAST AREA ANMAL CONTROL AUTHORITY FOR ANIMAL CONTROL AND SHELTERING SERVICES FOR FISCAL YEAR 2024-2025 -Signature Page-
CITY OF BELLFLOWER
BY:____________________________________
Dan Koops, Mayor
ATTEST:
_________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM AND CONTENT
_________________________________
Karl H. Berger, City Attorney
SOUTHEAST AREA
ANIMAL CONTROL AUTHORITY
BY:____________________________________
Tony Ayala, Chairperson
ATTEST:
_________________________________
Denise Woodside, Executive Director
APPROVED AS TO FORM AND CONTENT
_________________________________
Scott Nichols, SEAACA Attorney
1