CC - Item 3B - 5 Yr Extension for Control Serviecs Animal Care•
TO: HONORABLE MAYOR
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AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: ANDY LAZZARETTO, CITY MANAGFJ~
DATE: MAY 1, 2006
RE: APPROVAL OF FIVE YEAR EXTENSION OF CONTRACT FOR ANIMAL
CONTROL SERVICES BETWEEN THE CITY AND COUNTY OF LOS
ANGELES ANIMAL CARE AND CONTROL DEPARTMENT
Attached for your consideration is a five year contract with the County of Los Angeles Animal
Care and Control Department to continue to provide animal control services. The Department
collects fees from pet owners on behalf of the City and applies that revenue against the cost of
delivering animal control services.
Also attached is a copy of a five year history of the program costs. As the chart indicates, the
annual net cost to the City has ranged from approximately $57,366 in 2000-01 to $78,258 in
2004-05. It is estimated by Los Angeles County that the costs for 2005-06 will be approximately
$50,453.
Staff is recommending renewal of the contract. The Department has continued to provide
responsive animal control services at a reasonable cost.
RECOMMENDATION
It is recommended that the Rosemead City Council renew the attached agreement for five years
and continue the current license fee structure of $20 for unaltered dogs, $10 for altered dogs and
$5 for senior citizens.
13, 2006 Q--
March COUNTY OF
LOS ANGELES
ANIMAL CARE
AND CONTROL
William Crowe
City Manager
City of Rosemead
8838 East Valley Boulevard
Rosemead, California 91770
Marcia Mayeda
Director
Dear Mr. Crowe:
Administrative Office
5898 Cherry Ave.
The current animal services contract between the City of
Long Beach, 90805
(562) 728-4882 2
Rosemead and our Department will expire on June 30, 2006. We
Fax (562) 422-3408
have taken the liberty of sending you a renewal contract, based on
h tro:!!a n I m a I c o n t ro I, c o.l a.c a, us
the existing agreement.
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The term of the contract is for five years, from July 1, 2006 through
f1
June 30, 2011, which is the standard term for contract renewals
"CA(IF(J0.N. "
between the City of Rosemead and our Department.
Shelter locations
If the renewal contract is acceptable to your City, please arrange to
have your City Council approve it and returned the signed,
11258 S. Garfield Ave.
approved contract to me. Our Director will countersign the contract
Downey, CA 90242
(562) 940-6898
and return the original to you for your files.
216 W. Victoria St.
Gardena, CA 90248
We look forward to continuing to serve the City of Rosemead.
(310) 523-9566
4275 No. Elton
If you have any questions or concerns, please feel free to contact
Baldwin Park, CA 91706 me at (562) 940-6866
(626) 962-3577
5210 W. Avenue I Sincerely,
Lancaster, CA 93536
(661) 940-4191 for Marcia Mayeda
Director
31044 N. Charlie Cyn. Rd.
Castalc, CA 91384
(661) 257-3191
29525 Agoura Rd.
Agoura, CA 91301 Bob Ball err
(818) 991-0071
Exec. Asst.
enclosure
"To Enrich Lives Through Effective and Caring Service"
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Agreement
Animal Control Services
City of Rosemead
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THIS AGREEMENT, dated for purpose of reference only, July 1, 2006, is
made 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 the hereinafter described animal control services within its boundaries by the
County of Los Angeles, through the Director of Animal Care and Control.
(b) The County of Los Angeles is agreeable to rendering such services on
the terms and conditions as hereinafter set forth.
(c) Such contracts are authorized and provided for by the provisions of
Section 56 1/2 of the Charter of the County of Los Angeles and Sections 51300,
et seq. of the Government Code.
(d) The parties are aware of the enactment of Government Code Section
907 regarding offset of delinquent amount due for services and the City has
agreed to waive its right of advance written notice in accordance with the terms
set forth in this agreement.
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The County agrees, through the Director of Animal Care and Control of
the County of Los Angeles, to provide animal control services within the
corporate limits of the City to the extent and in the manner hereinafter set forth.
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Such services shall only encompass the duties and functions of the type
coming within the jurisdiction and customarily rendered by the Department of
Animal Care and Control of the County of Los Angeles under the Charter of said
County and the statutes of the State of California.
The level of service shall be the same basic level of service that is and
shall hereafter during the term of this agreement be provided for the
unincorporated areas of the County of Los Angeles by said Director of Animal
Care and Control.
The rendition of such services, the standard of performance and other
matters incidental to the performance of such services and the control of
personnel so employed shall remain in the County. In the event of dispute
between the parties as to the extent of the duties and functions to be rendered
hereunder or the level and manner of performance of such service, the
determination thereof made by the Director of Animal Care and Control of the
County shall be final and conclusive as between the parties hereto.
Such services shall include the enforcement of State statutes and
municipal animal control ordinances as the City may adopt, as hereinafter
provided for.
2. The County agrees to provide kennel and animal shelter services to the
City at Animal Center 4, the Baldwin Park Shelter. The County, at that
facility, shall accept all animals delivered for impoundment by the City on a 24-
hour-a-day, seven-days-a-week basis.
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3. To facilitate the performance of said functions, it is hereby agreed that
the County shall have full cooperation and assistance from the City, its officers,
agents and employees.
4. For the purpose of performing said functions, County shall furnish and
supply all labor, supervision, equipment and supplies necessary to maintain the
level of service to be rendered hereunder.
Notwithstanding anything hereinbefore contained, it is agreed that in all
instances wherein special supplies, stationery, notices, forms and the like must
be issued in the name of said City, the same shall be supplied by said City at its
own cost and expense.
5. All persons employed in the performance of such services and
functions for said City shall be County employees and no City employee as such
shall be taken over by said County, 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 County 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 and are purely municipal functions.
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6. City shall not be called upon to assume any liability for the direct
payment of any salaries, wages or other compensation to any County employee
performing services hereunder for said County.
Except as herein otherwise specified, the City shall not be liable for
compensation or indemnity to any County employee for injury or sickness arising
out of his or her employment.
7. 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.
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 set out in full herein.
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 agreement
previously in effect between the parties hereto.
8. Notwithstanding anything to the contrary herein contained, this contract
may be sooner terminated at any time that the City fails to enact and to maintain
in full force and effect, including the amount of fees provided, an
ordinance identical with the provision of Division 1, Title 10 of the Los Angeles
County Code.
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This contract may also be sooner terminated if the City does not enact
amendments to said ordinance adopted by the Board of Supervisors within 120
days after requested to do so by the County. The Director of Animal Care and
Control, acting on behalf of the County, may use discretion and need not request
the City to adopt amendments which do not apply to the City.
9. For and in consideration of animal control services by the County, City
agrees that it shall pay the full cost to County for providing such services at rates
determined by the County of Los Angeles Auditor-Controller.
City further agrees that County may keep and retain any and all license
fees provided for by County pursuant hereto as an offset against City's obligation
to pay the full cost of animal control services.
The County agrees, through the Department of Animal Care and Control,
to provide, on or before April 15 or each year, an estimate of the total costs for all
animal shelter services to be provided to the City for the fiscal year then in
progress. It is agreed that, in connection therewith, the County shall have the
powers of the City and shall receive all cooperation possible therefrom to enable
efficient enforcement of such ordinance and to effectuate collections called for
thereunder.
It is further agreed that, on or before July 15, the County shall provide
either (1) an invoice for the amount of any deficit in the prior fiscal year's total
revenue as compared to total animal control service costs; or (2) a notice of
refund due to the City of any revenue collected which exceeds the total animal
control service costs.
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10. This contract shall become effective on the date hereinabove first
mentioned and shall run for the period ending June 30, 2011, and at the option of
the City Council of the City, with the consent of the Director of Animal Care and
Control, shall be renewable thereafter for an additional period not to exceed five
(5) years.
In the event the City desires to renew this agreement for said five-year
period, the City Council shall not later than the 10th of May 2011, notify the
Director of Animal Care and Control that it wishes to renew the same, whereupon
the Director of Animal Care and Control shall notify the City Council in writing of
the Department's willingness to accept such renewal. Otherwise, such
agreement shall finally terminate at the end of the aforedescribed period.
Notwithstanding the provisions of this paragraph hereinabove set forth, the
County may terminate this agreement at any time by giving thirty (30) days prior
written notice to the City. The City may terminate this agreement as of the first
day of July of any year upon thirty (30) days prior written notice to the County.
11. City agrees that whenever animals from within the boundaries of the
City are delivered to animal shelters operated by County, the City shall pay for
the services and shelter of said animals at the following rates:
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=7=
Services
Impounding of a relinquished
dog or cat
Impounding of a stray dog or cat.
Holding a dog or cat wearing a
license (City shall pay for the
foregoing shelter and treatment
costs for a period not to exceed
seven days.)
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Rates
$13.37 per day, plus all
veterinarian costs for
treating these animals while
at the County shelter.
Holding a dog or cat
for observation
Holding a sick or injured
dog or cat.
Holding dogs, cats, poultry, livestock
that are ordered impounded by a court,
i.e. fighting dogs, guard dogs, etc.
$18.75 per day, plus all
veterinarian costs for treating
these animals while at the
County shelter
For each dead animal brought into $4.84 per animal
the shelter for disposal
For each dead livestock, i.e., horse, $250.00 per animal
cow, etc., brought into the shelter
for disposal.
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City shall pay for the shelter and treatment of all live animals, reptiles and
fowl from within the boundaries of the City and are delivered to animal shelters
operated by the County and the cost of such shelter and treatment of such
animal shall be as determined by the County Auditor-Controller.
12. The foregoing rates shall be adjusted by the County Auditor-Controller
annually, effective July 1 st of each year, commencing July 1, 2006, to reflect the
cost of such service in accordance with such rates as determined by the Auditor-
Controller and as approved by the Board of Supervisors of the County.
All services rendered hereunder are subject to the limitation of the
provisions of Section 23008 of the Government Code and, in accordance
therewith, before any services are rendered pursuant hereto, an amount equal to
the cost, or an amount ten (10) percent in excess of the estimated cost, shall be
reserved by the City from its funds to ensure payment to the County for work,
services or materials provided hereunder.
13. For shelter services rendered, the County shall submit an itemized
invoice to said City within 10 days after the close of each calendar month which
includes all such shelter services performed during the preceding month, and
said City shall pay County therefore within thirty (30) days after the date of the
invoice.
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=9=
If such payments provided above and in Section 9 of this contract are not
delivered to the County office which is described on said invoices within thirty
(30) days after the date of the invoice, the County is entitled to recover interest
thereon. Said interest shall be at the rate of seven (7) percent per annum or any
portion thereof calculated from the last day of the month in which the services
were performed. However, the interest herein provided may be waived
whenever the Director of Animal Care and Control finds late payment excusable
by reason of extenuating circumstances.
14. Notwithstanding the provisions of Government Code Section 907, if
such payments are not delivered to the County office which is described on said
invoice within thirty (30) days after the date of the invoice, the County may satisfy
such indebtedness, including the 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.
15. The City will review all invoices and report in writing of any
discrepancies to the Director of Animal Care and Control within ten (10) business
days. The County shall review the disputed charges and send a written
explanation detailing the basis for the charges within ten (10) business days of
the receipt of the City's written report. If the City does not receive from the
County a written explanation within the ten (10) business day period, it shall be
implied that the County is not disputing the charges.
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16. The County agrees to keep separate records for each City in such
form and manner as the County Auditor-Controller of the County of Los Angeles
shall specify. Such records shall be open for examination by said City during all
business hours.
17. The County agrees that redemption fees which it collects on animals
delivered to its animal shelter shall be credited to the City every thirty (30) days.
18. The County agrees to provide to the City additional animal control
services on an as-needed basis if requested by written notice 24 hours in
advance. If such animal control services are requested during an emergency,
the written notice may be waived and said services requested verbally by a duly
authorized representative of the City, provided a written request is given the
County within 48 hours after the services are rendered. Such animal control
services will be provided by the County to the City at rates determined by the
Auditor-Controller.
19. The County agrees to maintain its kennel and animal shelter in a
humane manner and keep said premises in a sanitary condition at all times and
that all services furnished by it hereunder shall be in accordance with the laws of
the State of California and that it will give the prescribed notices and use humane
methods of care and destruction of any animal coming under its jurisdiction.
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=11=
IN WITNESS WHEREOF, the City of Rosemead, by order of its City
Council, causes this agreement to be signed by its mayor and attested by its
clerk and the County of Los Angeles, by order of its Board of Supervisors, has
caused this agreement to be subscribed by the Director of Animal Care and
Control.
CITY OF ROSEMEAD
ATTEST:
By _
Mayor
COUNTY OF LOS ANGELES
By
Director, Department of Animal Care & Control
City Clerk
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