CC - Item 7I - Amend Contract with Los Angeles County Animal ControlROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: NOVEMBER 17, 2009
SUBJECT: AMEND CONTRACT WITH LOS ANGELES COUNTY ANIMAL
CONTROL
SUMMARY
As part of the transition of animal control services to the City, the City Council must
approve the amended contract with the County of Los Angeles. Under the revised
contract and service level agreement, the County will only be providing sheltering and
emergency/after-hours animal control officer services.
Staff Recommendation
Staff recommends that the City Council approve the amended contract with the County
of Los Angeles and authorize the City Manager to sign any necessary documentation.
LEGAL REVIEW
The City Attorney has reviewed the proposed contract.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
nvol)o f*--=-
Matthew E. Hawkesworth
Assistant City Manager
Attachment: City-County Municipal Services Agreement
APPROVED FOR CITY COUNCIL AGENDA:
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ITEM NUMBER:
CITY-COUNTY MUNICIPAL SERVICES AGREEMENT
TABLE OF CONTENTS
COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE
AND CONTROL AND CITY OF ROSEMEAD
PARAGRAPH
TITLE
PAGE
RECITALS
2
1.0
CONTRACT AUTHORIZATION
2
2.0
ADMINISTRATION OF PERSONNEL
2
3.0
DEPLOYMENT OF PERSONNEL
3
4.0
PERFORMANCE OF CONTRACT._
4
5.0
INDEMNIFICATION
4
6.0
TERM OF CONTRACT... _
5
7.0
RIGHT OF TERMINATION
5
8.0
CONTRACT SUM
5
9.0
PAYMENT PROCEDURES
6
10.0
ENTIRE AGREEMENT
6
SIGNATURES
7
CITY-COUNTY MUNICIPAL SERVICES AGREEMENT
COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE
AND CONTROL AND CITY OF ROSEMEAD
THIS AGREEMENT is made by and between the COUNTY OF LOS ANGELES,
hereinafter referred to as County, and the CITY OF ROSEMEAD, hereinafter referred to
as City.
RECITALS
a. The City is desirous of contracting with the County for the performance of
animal care and control functions described herein by the County.
b. The County of Los Angeles is agreeable to rendering such services on the
terms and conditions set forth in this Agreement.
C. Such contracts are authorized and provided for by the provisions of
Section 56-1/2 and 56-3/4 of the Charter of the County of Los Angeles and
Section 51300 et seq. of the Government Code of the State of California.
1.0 CONTRACT AUTHORIZATION
1.1 The County agrees, through the County Department of Animal Care and
Control, to provide general animal care and control services within the
corporate limits of the City to the extent and in the manner hereinafter set
forth.
1.2 Except as otherwise specifically set forth in this Agreement, such services
shall only encompass duties and functions of the type coming within the
jurisdiction of and customarily rendered by the County under the Charter
of the County and the Statutes of the State of California and under the
municipal codes of the City.
2.0 ADMINISTRATION OF PERSONNEL
2.1 The rendition of the services performed by the County, the standards of
performance, the discipline of officers and staff, and the matters incident
to the performance of such services and the control of personnel so
employed shall remain with the County.
2.2 In the event of a dispute between the parties to this contract as to the
extent of the duties and functions to be rendered hereunder, or the
minimum level or manner of performance of such service, the City shall be
consulted and a mutual determination thereof shall be made by both the
County and the City.
Page 2 of 7
2.3 With regard to Sections 2.1 and 2.2, the County, in an unresolved dispute,
shall have final and conclusive determination as between the parties
hereto.
2.4 All City employees who work in conjunction with the County's Department
of Animal Care and Control pursuant to this Agreement shall remain
employees of the City and shall not have any claim or right to
employment, civil service protection, salary, or benefits or claims of any
kind from the County based on this Agreement. No City employee as
such shall become employees of the County unless by specific additional
agreement in the form of a merger contract which must be concurrently
adopted by the City and County.
2.5 For the purpose of performing services and functions, pursuant to this
Agreement and only for the purpose of giving official status to the
performance thereof, every County officer and/or employee engaged in
performing any such service and function shall be deemed to be a
contracted officer or employee of the City while performing such service
for the City, as long as the service is within the scope of this Agreement
and in a municipal function.
2.6 The contracting City shall not be called upon to assume any liability for the
direct payment of any County Department of Animal Care and Control
salaries, wages, or other compensation to any County personnel
performing services hereunder for said City. Except as herein otherwise
specified, the City shall not be liable for compensation or indemnity to any
County employee or agent of the County for injury or sickness arising out
of his/her employment as a contract employee of the City.
2.7 As part of its compliance with all applicable laws and regulations relating
to employee hiring, the County agrees that the County Civil Services
Rules to which it is subject and which prohibit discrimination on the basis
of non-merit factors, shall for purposes of this contract be read and
understood to prohibit discrimination.
3.0 DEPLOYMENT OF PERSONNEL
3.1 Services performed hereunder and specifically requested by the City shall
be developed in conjunction with the County Department of Animal Care
and Control.
3.2 The City agrees to complete a Service Level Request form annually
(Attachment A) and the level of service to be provided and contract sum
shall be signed and authorized by the City and the County Department of
Animal Care and Control or his/her designee and shall be attached to this
contract as an amendment.
Page 3 of 7
3.3 The City may request a change in level of service and complete an
additional Service Level Request form and submit such form to the County
Department of Animal Care and Control. The revised level of service to
be provided and contract sum shall be signed and authorized by the City
and the County Department Animal Care and Control or his/her designee
and attached to this contract as an amendment to the level of service and
the contract sum.
3.4 The City is not limited to the foregoing services indicated, but may also
request any other services in the field of public safety, animal welfare, or
related fields within the legal power of the Director of Animal Care and
Control to provide.
4.0 PERFORMANCE OF CONTRACT
4.1 For the purpose of performing said functions, County shall furnish and
supply all necessary labor, supervision, equipment, communication
facilities, and supplies necessary to maintain the agreed level of service to
be rendered hereunder.
4.2 Notwithstanding the foregoing, the City may provide additional resources
for the County to utilize in performance of the services.
4,3 Notwithstanding the foregoing, it is mutually agreed that in all instances
where special supplies, stationery, notices, forms, and the like must be
issued in the name of said City, the same shall be supplied by the City at
its own cost and expense.
5.0 INDEMNIFICATION
5.1 The parties hereto have executed an Assumption of Liability Agreement
approved by the Board of Supervisors on December 27, 1977, and/or a
Joint Indemnity Agreement approved by the Board of Supervisors on
October 8, 1991, and/or a revised Joint Indemnity Agreement approved by
the Board of Supervisors on August 9, 1993. Whichever of these
documents the City has signed later in time is currently in effect and
hereby made a part of and incorporated into this Agreement as if set out in
full herein.
5.2 In the event the Board of Supervisors later approves a revised Joint
Indemnity Agreement and the City executes the revised agreement, the
subsequent agreement as of its effective date shall supersede the Joint
Indemnity Agreement previously in effect between the parties hereto.
Page 4 of 7
6.0
7.0
B.0
TERM OF CONTRACT
6.1 Unless sooner terminated as provided for herein, this Agreement shall be
effective 2009, and shall remain in effect until June 30,
2014.
6.2 At the option of the Board of Supervisors and with the consent of the City
Council, this Agreement may be renewable for successive periods not to
exceed five years each.
RIGHT OF TERMINATION
1 Either party may terminate this Agreement as of the first day of July of any
year upon notice in writing to the other party of not less than 60 days prior
thereto.
2 Notwithstanding any provision herein to the contrary, the City may
terminate this Agreement upon notice in writing to the County given within
60 days of receipt of hereunder, and in such an event this Agreement shall
terminate 60 calendar days from the date of the City's notice to the
County.
3 This Agreement may be terminated at anytime, with or without cause, by
either party upon written notice given to the other party at least 180 days
before the date specified for such termination.
.4 In the event of a termination, each party shall fully discharge all obligations
owed to the other party accruing prior to the date of such termination, and
each party shall be released from all obligations which would otherwise
accrue subsequent to the date of termination.
CONTRACT SUM
8.1 The City shall pay for the services provided under the terms of this service
agreement at the rate established by the County's Department of Animal
Care and Control and approved by the Auditor-Controiler.
8.2 The rates indicated in the Service Level Request form shall be readjusted
by the County annually effective the first day of July each year to reflect
the cost of such service in accordance with the policies and procedures for
the determination of such rate as adopted by the County Board of
Supervisors.
8.3 The City shall be billed based on.the service level provided within the
parameters of the Service Level Request form.
Page 5 of 7
8.4 The cost of other services requested pursuant to this Agreement and not
set forth in the Service Level Request form shall be determined by the
County's Department of Animal Care and Control and in accordance with
the policies and procedures established by the County Board of
Supervisors.
9.0 PAYMENT PROCEDURES
9.1 The County, through the County of Los Angeles Department of Animal
Care and Control, shall render to said City within ten (10) days after the
close of each calendar month a summarized invoice which covers all
services performed during said month, and said City shall pay County for
all undisputed amounts within 30 days after date of said invoice.
9.2 If such payment is not delivered to the County office which is described on
said invoice within 60 days after the date of the invoice, the County is
entitled to recover interest thereon. For all disputed amounts, the City
shall provide County with written notice of the dispute including the invoice
date, amount, and reasons for dispute within 15 days after receipt of the
invoice. The parties shall memorialize the resolution of the dispute in
writing. For any disputed amounts, interest shall accrue if payment is not
received within 60 days after the dispute resolution is memorialized.
9.3 Interest shall be calculated at the rate of seven percent (7%) annually or
any portion thereof, calculated from the last day of the month in which the
services were performed, or in the case of disputed amounts, calculated
from the date the resolution is memorialized.
9.4 Notwithstanding the provisions of Government Code Section 907, if such
payment is not delivered to the County office which is described on said
invoice within 60 days after the date of the invoice, or in the case of
disputed amounts, from the date the resolution is memorialized, the
County may satisfy such indebtedness, including interest thereon, from
any funds of the City on deposit with the County without giving further
notice to City of County's intention to do so.
10.0 ENTIRE AGREEMENT
10.1 This Agreement and Attachment A hereto, constitute the complete and
exclusive statements of the parties which supersedes all previous
agreements, written or oral, and all communications between the parties
relating to the subject matter hereof. All changes or amendments to this
Agreement must be in writing and mutually executed by authorized
personnel on behalf of the City and the County. The Director of Animal
Care and Control or his/her designee is authorized by the County to
execute supplemental agreements.
Page 6 of 7
CITY-COUNTY MUNICIPAL SERVICES AGREEMENT
COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE
AND CONTROL AND CITY OF ROSEMEAD
IN WITNESS WHEREOF, the County of Los Angeles Board of Supervisors has
caused this Agreement to be subscribed by its Chair and the City has caused this
Agreement to be subscribed on its behalf by its authorized officer.
COUNTY OF LOS ANGELES
MARCIA MAYEDA
Director, Animal Care and Control
By
CITY OF ROSEMEAD
ATTEST:
By
City Clerk Date
By
City Attorney Date
APPROVED AS TO FORM:
ROBERT KALUNIAN
Acting County Counsel
By
Principal Deputy County Counsel
City of Rosemead, City Manager
By.
Page 7 of 7
Attachment A
CITY-COUNTY MUNICIPAL SERVICES AGREEMENT
COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE
AND CONTROL AND CITY OF ROSEMEAD
FY 2009-10 SERVICE LEVEL REQUEST
Part One: Billing Rates for the period July 1 2009 through June 30, 2010
Kennel Services - dog and cat per day $17.00
Kennel Services - other animals per day 11.78
Kennel Services - observation per day 20.40
Field Services per hour 75.51
Dog license processing per license 1.92
Dead animal disposal per animal 10.38
Impound health inspection cost per animal 3.65
Animal license field enforcement canvassing program per hour 56.43
Page 1 of 5
Part Two: Annual Service Level
Field Services
❑ Standard Service Plan - Includes answering calls for service (24 hours per day,
daily); dispatching or assigning field staff; and performance of duties in the field
based on priority, location, and availability of staff. The following classification(s)
of calls should not be assigned to field or shelter staff and will not be the
responsibility of the Department:
(Example Barking Dog Complaints)
fX Limited Standard Service Plan:
A
kDA
M Daily between the hours of b_ (aLxx/p.m.) and 7- (a.m.
)cx W2mftR*ARn§{rAholidays and Sundays
XX Emergencies
n
Ll Field Service Packages - Field staff shall be dedicated to servicing calls,
patrolling, transporting animals, or other specified activity for the requested
amount of time. Service time will be reported monthly. Compliance shall be
achieved through actual total hours within 98 percent and 102 percent of target
total hours. Please confirm availability of this level of service prior to
submitting this Service Level Request.
0 40 Hour 2,080 hours annually
0 56 Hour 2,912 hours annually
0 70 Hour 3,640 hours annually
0
Shelter Services
LX Full Service - All animals acquired in the field, within the boundaries of the city
or determined to have originated within the boundaries of the city, may be
impounded at a County shelter. Impounded animals will be vaccinated and
provided medical care, food, and shelter. The animal's picture will generally be
posted on the Department's Website to assist residents in reclaiming a lost or
missing pet. Residents may also visit the associated shelter to find their lost or
missing pet. The hours of operation of each shelter are scheduled at the
discretion of the Department. See Part One for the associated Shelter
Services fee schedule. Primary Shelter: Baldwin Park
n Sheltering for Transfer - Full Service, as described above, except a designated
city staff member with a vehicle deemed humane for transportation of animals
will acquire the animals from the shelter, appropriately update the Department's
animal care database, and transport the animals to the shelter of the city's
Page 2 of 5
choice. The city will be responsible for
housing. See Part One for the associated
any costs incurred prior to transfer.
❑ No Sheltering Services
Outreach and Enforcement Services
Licensing
the subsequent costs of care and
Shelter Services fee schedule for
❑ Standard Licensing Services - License renewal notices are mailed or transmitted
to the animal owner of record, the renewal and payment is received and
processed annually on a fee per license basis. Licenses will be required before
an animal will be released to a resident of a City participating in the Standard
Licensing Services program. Fees from licenses collected will be credited to the
city monthly in arrears. Your jurisdiction must adopt either the County's
Title 10 animal license fees or separate license fees unique to your city and
provide the aonroved fee schedule and a coov of the adopted resolution to
XX No Animal Licensing Services
Canvassing ()Animal License Field Enforcement
CI License Canvassing Services Provides for dedicated staff to perform license
enforcement activities (issuing new licenses, license renewals, collecting
delinquency charges and other fees) in the field. To participate in Canvassing
Services your jurisdiction must adopt either the County's Title 10 delinquency
charge and applicable enforcement fees or separate delinquency charges
and enforcement fees unique to your jurisdiction and provide the approved
delinquency charge/fee schedule and a copy of the adopted resolution to
the Department.
o Annual Citywide - Authorization for unlimited canvassing for expired
licenses or failure to have required licenses.
o Annual Targeted - Department staff shall canvass targeted areas of the
city based on criteria agreed upon by the City and Department.
Canvassing Service Packages - Department staff shall canvass targeted
areas of the city based on criteria agreed upon by the City with defined
service levels. Please confirm availability of this level of service prior
to submitting this Service Level Request. The initial defined service
level request is _ hours.
Note: Canvassing charges apply to Vaccination Clinics conducted
within your jurisdiction.
xx No Canvassing Services
Page 3 of 5
Business Licensing
Ex Business Licensing
o Licensing and Inspection/Grading Services
o Inspection Services ONLY
❑ No Business Licensing
Clinics
D Vaccination Clinic(s) will be requested to be conducted within your jurisdiction
xx No Vaccination Clinics
Other Services
k,x Humane Investigations and Prosecution - As needed
xx Emergency Services - As needed
Part Three: Contact Information
kx Primary Contact
o Name:
o Address:
o Phone:
o Alt. Phone
o E-mail:
11 Alternate Contact
o Name:
o Address:
o Phone:
o Alt. Phone:
o E-mail:
Ray Rodriguez
8301 Garvey Avenue
Rosemead, CA 91770
626 569-2292
(6 2 6 -
) 644-1513-.----._-.___-_-__--
rrodriguez@cityofrosemead.org
Steve majors
8301 Garvey Aveneue
Rosemead, CA 91770
(62~ 569-2292
( 626) 931 -9458
smajors@cityofrosemead.org
Page 4 of 5
Part Four: License Information (required if the Department manages City licensing)
❑ City has adopted the license fees outlined in Title 10 of the Los Angeles County
Code
❑ City has adopted the following license fees:
Altered Dog $ Altered Cat $
Unaltered Dog $ Unaltered Cat $
Senior* Dog $ Senior* Cat $
*Senior age is defined as _ years.
Current license fees adopted by the City on 20
Please attach a copy of the enacting license ordinance.
Page 5 of 5