City Council Agenda Report
Meeting Date: September 17, 2024
From: Freddie Agyin, Director of Health and Environmental Control Department: Health and Environmental Control
Submitted by: Veronica Petrosyan, Deputy Director of Health and Environmental Control
Subject
Agreement with the Southeast Area Animal Control Authority (SEAACA) for Animal Control Services
Recommendation
A. Find that it is commercially unreasonable to rebid the proposed agreement with SEAACA every three years as SEAACA is a public agency providing animal control services in the Southeast area; and
B. Approve and authorize the Mayor to execute an Agreement with SEAACA, in substantially the same form as submitted, for animal control services for a total amount not-to-exceed $150,000, for a 5-year term.
Background
The Department of Health and Environmental Control (DHEC) is requesting approval to execute an agreement with SEAACA for on-call animal control support services. The Director of DHEC serves as the City of Vernon Animal Control Officer, overseeing the enforcement of the City’s animal control laws. Since 1980, the City has contracted with SEAACA, an independent unit of government (Joint Powers Authority), to provide on-call animal-control support services. The most recent agreement with SEAACA was approved on July 2, 2019 and was for a 5-year term beginning July 1, 2019 through June 30, 2024.
The proposed agreement with SEAACA, is exempt from competitive bidding in accordance with Vernon Municipal Code (VMC) Section 3.32.110(A)(5), which provides an exemption for “contracts with governmental entities for supplies, equipment or services.” SEAACA is a governmental entity that provides a unique service that is commercially unreasonable to rebid every three years. Accordingly, the proposed agreement stipulates a 5-year term (July 1, 2024, to June 30, 2029). City Council approval of the proposed Agreement is required based on the total contract amount exceeding $100,000 pursuant to VMC Section 3.32.040(A) and based on the 5-year term, as pursuant to VMC Sections 3.32.220(B) and 3.32.110 (B)(3), only Council has the authority to make the finding that it is “commercially unreasonable” to rebid this contract in three years.
The proposed agreement also allows for annual fee adjustments with the consent of both parties.
In accordance with VMC Section 3.32.220(C), SEAACA’s fees are equivalent to its direct costs for providing services, and potential fee increases would be limited to a pass-through of increased costs charged to the contractor.
The proposed agreement has been reviewed and approved as to form by the City Attorney’s Office.
Fiscal Impact
The fiscal impact is estimated at $150,000. Sufficient funds are available in the General Fund, Health Department, Professional Services Technical Account No. 011-020-200-529225 for the current fiscal year and will be budgeted in subsequent years.
Attachments
1. SEAACA Agreement