AGENDA REPORT
Meeting Date: May 10, 2022
Item Number:
To: Honorable Mayor & City Council
From: David Yelton, Assistant Director, City Building Official Nestor Otazu, Community Preservation Manager
Evelin Welch, Senior Management Analyst
Subject: AUTHORIZE THE CITY MANAGER TO EXECUTE A MEMORANDUM
OF AGREEMENT WITH THE CITY OF LOS ANGELES ANIMAL
SERVICES DEPARTMENT FOR ANIMAL CARE AND CONTROL
SERVICES; AND
AUTHORIZATION FOR A ONE TIME APPROPRIATION FOR
$89,837.00 FROM THE GENERAL FUND FOR ANIMAL SERVICES
COSTS PROVIDED DURING FISCAL YEAR 2021-22; AND
APPROVAL OF CHANGE PURCHASE ORDER TO THE CITY OF
LOS ANGELES FOR ANIMAL SERVICES IN THE AMOUNT OF
$89,837 FOR FISCAL YEAR 2021-22; AND
AUTHORIZATION FOR AN ONGOING APPROPRIATION $104,166.05
FROM THE GENERAL FUND TO FUND THE ANNUAL
MEMORANDUM OF AGREEMENT FOR FISCAL YEARS 2022-23
THROUGH 2025-26, AND
AUTHORIZE THE CITY MANAGER TO APPROVE FUTURE
PURCHASE ORDERS FOR THE DURATION OF THE
MEMORANDUM OF AGREEMENT.
Attachments: 1. Draft Memorandum of Agreement
RECOMMENDATION
Staff recommends that City Council authorizes (1) the City Manager to execute a Memorandum of Agreement (MOA) with the City of Los Angeles for animal care and control services, (2) an appropriation in Fiscal Year (FY) 2021-22 for one-time services costs of $89,837, (3) approval of a change purchase order in the not-to-exceed amount D-9
Meeting Date: May 10, 2022
of $89,837 for FY 2021-22; (4) approval of an ongoing appropriation in the amount of $104,166.05 from the General Fund to fund the MOA starting in FY 2022-23, and authorizes the City Manager to approve future purchase orders for the duration of the MOA in the annual not-to-exceed amount of $184,166.05.
INTRODUCTION
The City of Beverly Hills City has contracted through MOAs with the City of Los Angeles Department of Animal Services since 2008 to provide animal care and control services including the taking in of stray animals, adoption of animals, and licensing; the latest of which expired on December 31, 2021. Services have continued to be provided to the City on a month-to-month basis; the new MOA will cover services starting January 1, 2022 to December 31, 2026.
DISCUSSION
The City of Beverly Hills has contracted with the City of Los Angeles for Animal Care and Control Services since 2008. The City of Los Angeles has provided timely and effective animal care and control services to the residents of the City of Beverly Hills. The City of Los Angeles’ Animal Shelter is located at 11361 West Pico Boulevard, Los Angeles; which is approximately 4 ½ miles away from the City of Beverly Hills. The City of Los Angeles shelter is a state of the art animal care facility with modern conveniences and pet friendly environment.
Services Provided by the City of Los Angeles.
1. Intake and animal care for stray animals and owner relinquishments.
2. Adoption services and other public services such as vaccination clinics.
3. Response to calls for service from the City of Beverly Hills for animals at-large, injured, potentially dangerous, or potential victims of cruelty or inhumane treatment as defined by law.
4. Issue various licenses, administer licensing information, administer a voluntary cat registration program, administer spay/neuter exemption, register and collect fees for same.
5. Issue permits for animal-related businesses and events and collect fees for same.
6. Issue Notices to Comply, Citations, Fees, Fines, and/or penalties for violation of laws and regulations.
7. Prepare documents necessary to assist in investigations and prosecution of cases involving animals.
8. Conduct potentially dangerous animal administration procedures when required, including conducting administrative hearings for Beverly Hills residents within 30 days.
9. Intake and care of animals impounded as evidence.
10. Assist in animal evacuation or other emergency service requirements, as resources are available.
11. Provide public education information on animals, wildlife, pet ownership, and related topics in the form of webinars.
Service Exclusions.
1. Trapping and removal of wildlife or any animals for reasons of nuisance to residents of property owners.
2. Dead animal pickup (currently provided by a private wildlife and animal control service provider)
3. Euthanasia by owner request upon relinquishment.
Meeting Date: May 10, 2022
4. Administrative processes and hearings for barking dog complaints.
The City of Beverly Hills currently holds a separate agreement with The Critter Trapper for 24-hour dead animal pick-up (on public property) and trapping services during regular business hours. The public may request service by contacting (310) 285-1119.
Code Enforcement staff continues to handle nuisance animal related noise complaints such as barking dogs and the like.
Staff began conversations with City of Los Angeles staff in mid-2020 to negotiate the terms of the new MOA. Due to the COVID-19 pandemic and unforeseen circumstances that the City of Los Angeles experienced with the retiring of many of their administrative staff, coupled with a backlog of agreements on their end; they are just now catching up and ready to begin the implementation process for the new MOA. In order to avoid interruption in services, the City of Los Angeles has agreed to continue the services on a month-to-month basis until the new MOA is executed.
The annual costs associated with the new MOA are $179,674.20 for calendar year 2022. It should be noted that the MOA service rates are calendar year based, from January 1st to December 31st. The Table below represents the list of service rates from January 1, 2022:
Monthly
Administrative
Overhead Cost
$12,893.18
Estimated Cost
for Services
Provided Jan.
1, 2022 – Dec.
31, 2022
Estimated
Cost for
Services Jan.
1, 2023 –
Dec. 31,
2023
Estimated
Cost for
Services Jan.
1, 2024 –
December
31, 2026
Officer Hours $109.15
$179,674.20 $184,166.051 $184,166.051
One-time Intake $181.55
One-time Release $201.29
Sheltered Animal –
Daily Cost $187.06
Sheltered Animal –
Weekly Cost $1,371.50
Vaccinations After
14 Days $9.12
Revolution & RHDV
Vaccine (Rabbits) $20.00
MONTHLY TOTAL $14,972.85
Staff anticipates MOA rates will have future rate adjustments as fees for the City of Los Angeles are also increased annually by the CPI. 1Since future rate increases are unknown at this time, staff proposes to consider an overall 2.5% increase to the service rates. This increase generates an estimated annual service cost of $184,166.05 for future years beginning calendar year 2023 through the term of the MOA. Alternatively, if the proposed 2.5% increase is not approved or if it is more, staff can request an appropriation for the exact increase needed to cover the full costs for future service years through the annual blanket purchase order process.
The Community Development Department has a City Council approved ongoing budget of $80,000 to pay for the animal care and control services provided by the City of Los Angeles. This budget has been spent on invoices through December 2021. In order to Meeting Date: May 10, 2022
continue to provide the services seamlessly to our residents with no interruptions, staff is requesting that the City Council authorize the City Manager to execute the MOA as soon as it is routed to Beverly Hills for signatures. Staff will work diligently to issue the change purchase order once the MOA is fully executed for the costs of services already provided commencing on January 1, 2022. Staff has estimated the new MOA will be ready by June 30th and in order to pay for the services already provided. Staff is also requesting approval of a one-time General Fund appropriation for service costs of $89,837 for the remainder of fiscal year 2021-22 (January through June 2022 for 6 months at $14,972.85/month).
Based on the service rates for the new MOA, staff is also requesting that the City Council approve an ongoing appropriation of funds from the General Fund in the amount of $104,166.05. This additional appropriation will cover the new estimated ongoing costs of services effective July 1, 2022 through the term of the MOA on December 31, 2026. Staff will issue the new purchase order for services that commence on July 1st and will process ongoing monthly billings timely.
As a matter of procedural steps for the implementation of new agreements for the City of Los Angeles’ Department of Animal Services, all agreements must first go through their Board of Animal Services Commission (Board) for review and approval. The new MOA between the City of Beverly Hills and City of Los Angeles was approved by the Board at their April 26, 2022 meeting. After this approval, the MOA will go to their City Council for approval. This step can take another couple of months or so. Once approved by their City Council, the MOA will be routed to the City of Beverly Hills for signatures.
FISCAL IMPACT
Based on the new monthly service rates of the new MOA ($14,972.85), the fiscal impact to the City of Beverly Hills will be one-time service costs of $89,837 for the month-tomonth services provided from the period of January 1, 2022 to June 30, 2022, requiring a current year appropriation. The estimated annual costs for animal care and control services effective July 1, 2022 through December 31, 2026 is $184,166.05 also require an ongoing appropriation of funds in the amount of $104,166.05 for FY 2022-23 through FY 2025-26. Although the Community Development Department has a City Council approved ongoing budget of $80,000 to pay for the animal care and control services, the additional appropriation is necessary to cover the full cost of the services under the new MOA. If approved, the appropriation request for $89,837 will be incorporated into the Department’s FY 2021-22 budget. The advanced appropriation request for FY 2022- 23, if approved, will be incorporated into the adopted budget when it is brought forward in June 2022.
Jeff S. Muir,
Director of Finance
Ryan Gohlich, AICP,
Director of Community Development
Approved By Approved By
ATTACHMENT 1
City of Los Angeles
Department of Animal Services
MEMORANDUM OF AGREEMENT
WITH THE CITY OF BEVERLY HILLS
To Provide Animal Care and Control Services
City Contract Number: _________________ DRAFT
Agreement with City of Beverly Hills for Animal Care and Control Services 2
TABLE OF CONTENTS
I Representatives of the Parties and Service of Notice 3 II Term 4
III Payment and Billing 4
IV Scope of Services 5
V Indemnification 9
VI Termination 9
VII Incorporation of Exhibits 10
VIII Entire Agreement 10
Signature Page 11
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Agreement with City of Beverly Hills for Animal Care and Control Services 3
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF LOS ANGELES, DEPARTMENT OF ANIMAL SERVICES
AND
THE CITY OF BEVERLY HILLS
FOR ANIMAL CARE AND CONTROL SERVICES
THIS MEMORANDUM OF AGREEMENT (“Agreement”) is entered into as of January 1, 2022, upon attestation by the Office of the City Clerk (“Execution Date”) between the City of Los Angeles, a municipal corporation (“City”), acting by and through its Department of Animal Services (“Department”), and the City of Beverly Hills, a municipal corporation (“Beverly Hills”). The City and Beverly Hills may hereafter be referred to individually as a “Party” and collectively as “Parties.” WHEREAS, since 2008 the City has entered into agreements with Beverly Hills to provide animal regulation and animal care services to Beverly Hills, including the taking in of stray animals, adoption of animals, and licensing (Contract Numbers C-115071, C-126011, and C-126963), the latest of which expired on December 31, 2021.
WHEREAS, the Parties desire to enter into this Agreement whereby the City will continue to provide animal care and control services to Beverly Hills.
NOW THERFORE, in consideration of the terms, covenants, and conditions hereinafter contained to be kept and performed by the respective Parties, it is agreed as follows:
SECTION I. REPRESENTATIVES OF THE PARTIES AND SERVICE OF NOTICE A. The representatives of the Parties authorized to administer this Agreement, and to whom formal notices, demands, and communications shall be given are as follows:
The representative of the City shall be the General Manager of the Department, or that person’s authorized representative, as follows:
Annette G. Ramirez, Interim General Manager
Department of Animal Services
221 North Figueroa Street, Suite 600
Los Angeles, California 90012
Email: [email protected]
With copies to:
Contract Administrator
Email: [email protected]
The representative of Contractor shall be:
Ryan Gohlich, AICP
Director of Community Development
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Email: [email protected]
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Agreement with City of Beverly Hills for Animal Care and Control Services 4 B. Formal notices, demands, and communications required hereunder by any Party shall be made in writing and communicated by U.S. mail or email.
C. If the name, address, or contact information of the person designated to receive the notices, demands and communications changes, written notice shall be given to the other Parties within five business days of said change.
SECTION II. TERM
Unless terminated earlier pursuant to this Agreement, the term of this Agreement shall be for five years from January 1, 2022 to December 31, 2026.
Due to the need for the City’s services to be provided continuously and on an ongoing basis, the City may have provided services prior to the execution of this Agreement. To the extent that said services were performed in accordance with the terms and conditions of this Agreement, those services are hereby ratified.
SECTION III. PAYMENT AND BILLING
Beverly Hills shall pay City for services rendered under this Agreement as set forth in this Section and Exhibit A, attached hereto and made part of this Agreement.
Payment Due: Payment shall be due in full to City within 30 days of receipt by Beverly Hills of an invoice from the City. Invoices shall be submitted by City by the 15th of the month following the service period. Submission of invoices by email is acceptable. Payment shall be in arrears for the services provided during the prior month if not paid within 30 days of receipt of an invoice for those services.
Fee Calculation: As set forth in Exhibit A, each month Beverly Hills shall owe the City's Monthly Administrative Overhead Cost for services provided during the billing period; plus the actual costs for each hour, or fraction thereof, that Department staff provide services; plus a one-time intake fee per animal; plus a one-time release fee per animal; plus a daily sheltered animal care cost fee per animal; plus vaccinations for animals after 14 days in the Department’s care; and plus Revolution and RHDV vaccines for rabbits.
Should services be provided for a period of time that is not a complete calendar month (i.e., services beginning or ending in the middle of a month), the amount paid by Beverly Hills shall be prorated by City at a daily rate for that month's cost of services. Permit fees assessed and collected (such as fees for petting zoos, operation of animal hospitals, pet stores, etc.) will be retained by City and not deducted from calculations of amounts owed to cover costs.
Fee Rate Adjustment: For the term of this Agreement, including any extensions, the service rates set forth in Exhibit A shall be adjusted in an amount necessary to maintain full recovery of costs incurred by City. Fee rates shall be adjusted, as necessary by the City whenever costs change.
The City shall inform Beverly Hills in advance of the date and amounts of adjustments. The proposed adjusted rate shall be presented by City to Beverly Hills at least 30 days in advance of the proposed change for consideration and approval by Beverly Hills. The adjusted rates shall be incorporated into the Agreement in full by amendment to Exhibit A, and invoices for services provided after the date of fee rate adjustment shall be based on the adjusted cost rate.
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Agreement with City of Beverly Hills for Animal Care and Control Services 5 Invoices shall be submitted to:
City of Beverly Hills
Code Enforcement Division
455 N. Rexford Drive
Beverly Hills, California 90210
(310) 285-1173
Email: [email protected]
Payment shall be remitted to:
Accounting Section
City of Los Angeles Department of Animal Services
221 North Figueroa Street, Suite 600, 6th Floor
Los Angeles, California 90012
(213) 482-9558
Upon request by Beverly Hills, the City shall furnish an Activities Report to support an invoice with information regarding significant activities/observations that occurred during the month requested, including the dates and times of occurrences.
SECTION IV. SCOPE OF SERVICES
A. City Responsibilities
1. Services Provided by City
To the extent resources are available, City, through the Department, will provide Beverly Hills with the following services pursuant to the terms of this Agreement:
a. Intake and animal care for stray animals, owner relinquishments, and injured or sick wildlife, excluding those described in Section IV.A.2.a below. b. Adoption services and other public services such as vaccination clinics. c. Respond to calls for service forwarded to City by Beverly Hills for animals at-large, injured, potentially dangerous, or animals that are potentially victims of cruelty or inhumane treatment as defined by law.
d. Issue various licenses, administer licensing information, administer a voluntary cat registration program, administer spay/neuter exemption, register and collect fees for same.
e. Issue permits for animal-related businesses and events and collect fees for same. f. Issue Notices to Comply, Citations, Fees, Fines, and/or penalties for violation of laws and regulations.
g. Prepare documents necessary to assist in investigations and prosecution of cases involving animals.
h. Intake and care of animals impounded as evidence.
DRAFT
Agreement with City of Beverly Hills for Animal Care and Control Services 6 i. Upon notification to the Department from the City of Beverly Hills, the Department staff located at the West Los Angeles Animal Services Center will conduct potentially dangerous animal investigations, which may result in an administrative hearing. If the Department, through its investigation, determines that a hearing is required, the West Los Angeles Department staff will contact the Department’s Hearing Section staff. The Hearing Section staff will schedule a hearing to be held within 30 days of their receipt of a hearing request.
j. Assist in animal evacuation or other emergency service requirements, as resources are available.
k. Provide public education information on animals, wildlife, pet ownership, and related topics in the form of webinars.
2. Service Exclusions
City will not provide:
a. Trapping and removal of wildlife or any animals for reasons of nuisance to residents of property owners.
b. Dead animal pickup.
c. Euthanasia by owner request upon relinquishment.
d. Administrative processes and hearings for barking dog complaints.
3. City Staffing, Equipment, Materials
a. Staffing: City will continue to provide staffing to meet estimated needs of the geographic district of West Los Angeles and the animal services requirement for that portion that includes Beverly Hills. City does not warrant that its staff or officers will be available at all times, or at any given time that service is requested by Beverly Hills, but will endeavor to provide a reasonable level of service based on the seriousness of calls received from the entire West Los Angeles district area.
City staff and officers providing service will be appropriately qualified, trained, and supervised.
b. Beverly Hills, including its Chief of Police, consents and authorizes City Animal Control Officers to exercise the powers of arrest of a peace officer within the City of Beverly Hills.
c. Equipment and Materials: City shall, inclusive of the charges described in Section III of this Agreement, provide and furnish all labor, equipment, and supplies for services to be provided under this Agreement, including vehicles and weapons.
Weapons and security equipment shall not be left unsecured at any time.
Department staff performing services in Beverly Hills will wear program related uniforms issued by City.
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Agreement with City of Beverly Hills for Animal Care and Control Services 7 d. Supervision: Services under this Agreement shall be principally supervised by the Department’s Director of Field Operations, or the Department General Manager's designee, who will be Beverly Hills' primary contact person. e. Coordination Meeting: City and Beverly Hills shall meet as often as necessary, as determined by the circumstances in the administration of the Agreement, to discuss problems, reports, and the status of Agreement services. f. Reports: City Animal Control Officers shall prepare all required written reports, including reports on incidents, injuries (City or Non-City employees), accidents, fires, altercations, crimes, etc. Any discharge of a weapon by Animal Control Officers in Beverly Hills will be reported to Beverly Hills within 24 hours. g. Information and Media Requests: City representatives shall provide information as requested from members of the Beverly Hills general public in the course of providing services under this Agreement. Situations in which general interest leads to direct news media contacts must be dealt with carefully to ensure that all statements or information offered by the City and Beverly Hills reflect the policies and positions of the respective Parties. City Animal Control Officers will not speak, in any form, to the media in regard to Beverly Hills policy or issues. However, City and any persons so designated by City are authorized and expected to speak about City's performance under this Agreement.
h. Notifications: Major incidents that involve Beverly Hills Police or Fire Department response must be communicated via telephone to Beverly Hills in accordance with the notification protocols provided. In addition, such incidents shall also be reported to Beverly Hills Code Enforcement via telephone with a follow up incident report or other written documentation.
i. Occupational Safety and Health Act: City agrees that, for the purpose of complying with the requirements of the Occupational Safety and Health Act of 1970, services performed for Beverly Hills shall be deemed the City's responsibility. Employees of the City shall not be considered employees of Beverly Hills. j. Appearance in Court: City Animal Control Officers will make court appearances as required in every case when citations or arrests result in court action as part of their normal and customary duties, with authorization for overtime, if necessary, to be charged to Beverly Hills under this Agreement. If a court appearance is necessary, Beverly Hills will provide advanced written notification of the court appearance request to the Department’s Director of Field Operations, or the Department General Manager's designee, who will be Beverly Hills' primary contact person.
4. Performance of the Work
a. City shall comply with all laws, ordinances, rules, and regulations applicable to services rendered under this Agreement and to performance of all the terms and conditions of this Agreement as set forth by the applicable City, County, State, and Federal governments.
b. Public service complaints shall be reviewed by Beverly Hills and referred to the City for information or follow up by the City as appropriate. If City fails to reasonably provide service, or if in the judgment of Beverly Hills, services are DRAFT
Agreement with City of Beverly Hills for Animal Care and Control Services 8 deficient, Beverly Hills shall communicate such to City and City shall make diligent efforts to correct deficiencies, including but not limited to scheduling, staffing, or supervision changes at City's discretion to resolve the performance issue.
Services may be considered to have not been performed satisfactorily when conditions exist such as:
• Work is not performed in strict accordance with professional standards and this Agreement.
• Equipment is not used properly resulting in equipment abuse or is not maintained in good operating condition.
• Duties and tasks are not performed within the scheduled work shift or staff regularly is unable to handle service calls.
• Excessive performance complaints are received from the public. c. For consistency of enforcement, whenever appropriate during the term of this Agreement, the City shall notify Beverly Hills of pending, approved, or implemented changes to City's codes, ordinances, or procedures affecting animal care and control services of the City so that Beverly Hills may evaluate and implement corresponding changes to its codes, ordinances, or recommend changes to the terms of this Agreement as appropriate (See Section IV.B.5 below). For purposes of this Agreement, adoption of code changes by the City Council of the City shall be understood to include approval by Beverly Hills. Modification of this Agreement for this purpose does not require subsequent City Council approval.
5. City’s COVID-19 Vaccination Requirements
The City has imposed a Novel Coronavirus disease 2019 (“COVID-19”) vaccination requirement for all current and future City employees (see Los Angeles Administrative Code Section 4.700, et seq). City staff providing services to Beverly Hills under this Agreement shall comply with the City’s COVID-19 vaccination requirements.
B. Beverly Hills Responsibilities
1. Service Requests: The primary means of communication to City to request service assistance in Beverly Hills will be by the Beverly Hills constituent services request operator by way of Beverly Hills Code Enforcement Division, who will filter calls so that City's services are deployed only when appropriate under this Agreement, and will inform callers that the services are provided by City. Beverly Hills will reasonably ensure that information used by City to dispatch officers is accurate and will communicate back with requestor as needed to provide status on service response.
In the event City is unable to respond to a service request because of call priority elsewhere or insufficient resources, Beverly Hills will provide other assistance to their residents as needed. Beverly Hills will contact City by means of telephone or cellular phone and will be provided internal telephone numbers for this purpose. In promoting animal services for their residents, Beverly Hills will discourage direct contact to City for service requests, but will encourage direct patronage of the West Los Angeles Animal Services Center.
2. Prosecutions and Cruelty Cases: Beverly Hills will handle investigations and prosecutions of cases involving animals, with assistance from City as necessary.
DRAFT
Agreement with City of Beverly Hills for Animal Care and Control Services 9
3. Information and Data: Beverly Hills will provide information and data to City, including geographic and address information as requested. Such information may include, but not be limited to, history of enforcement activity or licensing problems with residents, and Geographic Information Systems (GIS) data to update City's Chameleon database.
4. Excluded Services: Beverly Hills will seek other service providers for excluded services, including nuisance animal and wildlife calls. However, Beverly Hills will discourage wildlife trapping, removal, and euthanasia, and instead will encourage education to assist residents in successful co-existence with wildlife.
5. Code Adoption: Beverly Hills has adopted Los Angeles Municipal Code 53.00 et seq., as amended and in effect on July 1, 2015, by reference. Beverly Hills may evaluate future changes to the Code and notify City of its preferences for enforcement of such changes (See Section IV.A.4.c above).
6. Services by City: Beverly Hills shall suitably inform the public that applicable Animal Care and Control services in Beverly Hills are provided by City. Beverly Hills shall disclose this information on Beverly Hills' website by maintaining a web-page dedicated to animal services. In addition, Beverly Hills will notify residents when service calls are received by Beverly Hills, and as appropriate, Beverly Hills will include this information in written material disseminated by Beverly Hills to its residents, such as newsletters, flyers, etc.
7. If necessary, Beverly Hills will use best efforts to assist and secure the safety of City personnel performing duties hereunder when needed.
SECTION V. INDEMNIFICATION
A. Government Code Section 895.2 imposes joint civil liability upon public entities solely by reason of such entities being parties to an agreement. Accordingly, the Parties hereby agree that pursuant to Government Code Section 895.4 and 895.6, each Party shall assume the full liability imposed upon it or any of its officers, agent, or employees by law for injury caused by any negligent or wrongful act or omission occurring in the performance of that Party's obligations under this Agreement.
B. Each Party shall indemnify, defend, and hold harmless the other Party for any claim, demand, causes of action, liability, loss, cost, or expense arising from or related to the services or the performance of the indemnifying Party's obligations under this Agreement.
C. In the event of a third-party loss caused by negligence or a wrongful act or omission by more than one Party, each Party shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed or judicially determined. The provisions of Civil Code Section 2778 regarding interpretation of indemnity agreements are hereby incorporated.
SECTION VI. TERMINATION
A. Either Party may terminate this Agreement immediately for default of any material term or condition following a 30-day written notice to cure that states with particularity the reasons for the default and demand for cure. If the matter or matters complained about are not cured within 30 days of notice by either Party, the Party demanding the cure may give the other DRAFT
Agreement with City of Beverly Hills for Animal Care and Control Services 10 Party a 30-day written notice to terminate.
B. This Agreement may be terminated by either Party without cause upon a 90-day written notice.
C. Upon termination of this Agreement, City shall provide a final invoice for all charges and fees due as of the termination date, to be paid by Beverly Hills within 30 days of receipt.
SECTION VII. INCORPORATION OF EXHIBITS
This Agreement and Exhibit A represent the entire integrated agreement of the Parties and supersede all prior written or oral representations, discussions, and agreements. The following document is incorporated and made a part hereof by reference:
• Exhibit A – Rates and Estimated Total Annual Charges
SECTION VIII.ENTIRE AGREEMENT
This Agreement, including Exhibit A, constitutes the full and complete understanding between the Parties and shall be construed and interpreted under California law and venue in any dispute shall be in the County of Los Angeles.
DRAFT
Agreement with City of Beverly Hills for Animal Care and Control Services 11 This Agreement may be executed in one or more counterparts, and by the Parties in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. The Parties further agree that facsimile signatures or signatures scanned into .pdf (or signatures in another electronic format designated by City) and send by e-mail shall be deemed original signatures.
IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be executed by their respective duly authorized representatives.
The City of Los Angeles,
Department of Animal Services
By _________________________
Annette G. Ramirez, Interim General Manager
Date: _______________________
The City of Beverly Hills
By ________________________
George Chavez, City Manager
Date ______________________
APPROVED AS TO FORM:
MICHAEL N. FEUER, City Attorney
By _________________________
Steve R. Houchin, Deputy City Attorney
Date ________________________
APPROVED AS TO FORM:
Laurence S. Wiener, City Attorney
By _________________________
Deborah R. Hakman, Assistant City Attorney
Date ________________________
ATTEST:
HOLLY WOLCOTT, City Clerk
By ___________________________
Deputy City Clerk
Date _________________________
ATTEST:
By ___________________________
Ryan Gohlich, AICP
Date _________________________
By ___________________________
Sharon L’Heureux Dressel, Risk Manager
Date _________________________
DRAFT
Jan 1, 2022 Jan. 1, 2023 - Jan. 1, 2024 -
Dec. 31, 2022 Dec. 31, 2023 Dec. 31, 2024
Monthly Administrative Overhead Cost $12,893.18 TBD TBD Officer Hours - ACO $109.15 TBD TBD
One-Time Intake** $181.55 TBD TBD
One-Time Release $201.29 TBD TBD
Sheltered Animal - Daily Cost $187.06 TBD TBDSheltered Animal - Weekly Cost $1,371.50 TBD TBD Vaccinations After 14 Days $9.12 TBD TBD
Revolution & RHDV Vaccine (Rabbits) $20.00 TBD TBD
EXHIBIT "A"
MOA Between the Department of Animal Services (City) and the City of Beverly Hills SERVICE RATES*
January 1, 2022 - December 31, 2024
New Rates Effective January 1, 2022
Rate Schedule
DESCRIPTION
*Future amounts for MOA extensions will be determined by the City based on costs and anticipated use of services.**Includes veterinary wellness care, medication, initial vaccinations, and other related costs, excluding 14 day Vaccinations. ***Administrative Code Section 5.199(g) requires the collection of $7.00 for each altered dog license sold and $2.00 for each unaltered license sold.****Municipal Code Section 53.15 requires collection of $3.50 for each altered license and $8.50 for each unaltered license sold for a dog license tax.
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