HomeMy WebLinkAboutRES CC 1984 116 1984 0718RESOLUTION NO. 84- 116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING AGREEMENT FOR THE
COUNTY OF VENTURA TO PERFORM ANIMAL REGULATION
SERVICES FOR THE CITY OF MOORPARK COMMENCING
JULY 1, 1984.
THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA,
DOES RESOLVE, DECLARE, DETERMINE AND nRDER AS FOLLOWS:
SECTION 1. That that certain document entitled
"AGREEMENT FOR THE COUNTY OF VENTURA TO PERFORM ANIMAL REGULATION
SERVICES FOR THE CITY OF MOORPARK" commencing July 1, 1984, a
copy of which is attached hereto is EXHIBIT A, be and the same
is hereby approved.
SECTION 2. That the Mayor ind City Clerk are hereby
authorized and instructed to executo said agreement for and on
behalf of the City of Moorpark.
SECTION 3. The Mayor shall sign and the City Clerk shall
attest to the passage and adontion oi- this resolution.
PASSED AND ADOPTED this 18th day of July, 1984.
/ Ma
ATTEST :
STATE OF CALIFORNIA )
COUNTY OF VENTURA
CITY 01" MOORPA R K )
I, DORIS D BANK[JS _._ , CitV Clerk of the City of
Moorpark, California, do herebV Cel-tifv that the foregoing
Resolution No. 84 -116 was adopted by the City Council of the City of
Moorpark at a regular
111,2etin0 thereof held on the 18th day of
July , 19 84 , and ChaL LIIC Sal17e waS adopted by
the following vote, to wit:
AYES: C'ouncilmembers Straughan, Harper, Prieto and
Mayor Yancy- Sutt'an;
NOI-S: Councilmember Beaulieu;
ABSENT-: None.
WITINESS llly hand and the official seal of said (.itV this 18th
day of July 10 8;;
CITY C;I A."R K
AGFEEtlini . . .. ';el. COUNTY OF VENTURA
TO PERF,IJ'.'.. ry: i ^SAf. RE,ULATTON SERVICES
Prig til I if MOORPARK
dais agreement , : ', into by and between the County of
'reetura , California , hr: r , ',r er refer[ ed to as "COUNTY'' , and
the City of ,AA p,�r,;v 1. a Cal iiornia municipal
,rp,rr.rt in n , herein in c 'C
., '
r' L ' . . . .- en . er into a cant
r. U!.- performance by iri .rf _ertni.n animal regulation
,-,ithin CITP ' s !-.,r .l,, ! e:- •
'NIIVRENS , said . c :. . i _zed and provided for by
IP rind,/ is Togs of a ha r.tcr Liar 2 , OiVision t ,
t to ri , ( section 51306 ) , 5.'H Chapter 12, Part 1 ,
. Division 2 , Tit Le 5 ( sect inn 4900 et seq . ) of the Government
code of the State of Cali flrnia:
HOW, THEREFORE , the Dirties hereto agree as follows :
1 . The COUNTY shall perform within the corporate limits
of CITY the following ani -nel. regulation services :
(a ) The enf.rrce :tent of anpl limbic- state laws
respecting the vine i rtion and Licensing of dogs .
(b ) The e. , 'tn; lrid inq the issuance of
- it;It ions, i , ai .,-I rrl inendes respecting Lie
, urtrot of ini al , the extent such ordinances are
sebstant.Tally identir:il to county ordinances set forth
n Chapter 4 ( exc l un i rig , however, sections 4461, 4462 ,
4163 , 4466 , and 4470 ) of Division 4 of the Ventura County
FXIITTITT A
ir.linance Carle as isuiti.Ieo from time t r t
The picking up of abandoned animals and stray
animals whi_oh are. sick, injured or -lead .
COUNTY shall also issue dog licenses to CITY residents who make
application therefor at the COUNTY animal shelter and who pay
the appropriate fees , and COUNTY shall supply CITY with records
al ] rcenses so issued . The services .described in this section
shall be performed in accordance with standard COUNTY prcced,;rest
provided , however , that to the extent it can do so without tumlue
Inconvenience COUNTY shall follow such special procedures in
supplying such services Co CITY as CITY may rednest in writidg .
The level of such services to be provided to CITY shall. l:e
,.m,-orrr'n Io to the level of Like services nrnteiel raneously
brine provided to the unincorporated area of COUNTY .
2 . To the extent COUNTY takes up and impounds animals in
connection with providing the services described in section L of
this :Agreement , COUNTY shall impound such animals at an appro-
priate animal shelter maintained by COUNTY, and shall care for
such animals , give out appropriate notices relating thereto,
and dispose of such animals in the same manner as it would if
the animals were taken up from the un i.ncfrnorated area of
COUNTY . County shall prosecute persons to whom it issues ,
pursuant to section 1 at this Agree .eat , cit-atinns for violation
of C1`. ordinances in the sane Wanner and to the same extent
as the COUNTY would prosecute persons issued comparable cita-
tions for violation of the corresponding COUNTY ordinances .
3 . COUNTY shall provide for the emergency veterinary
medical treatment of all unowned animals taken up within the
_Otp.:rate limits I Iiv re.i _ CUI.NfY in such
condition that woald wrirant such care . COUr:TI' may , at any
time, require that sic. rr injured animals be taken to a
veterinary clinic or brs'pital by CITY , the cost of treatment
be borne by COI ,'IY ourn.,nt to California Penal Code section 50' ; .
4 . COUNTY shill re.nke available to CITY appropriate dross' :
shelter facilities for the cine and holisinq of any stray a n , Tn_ s
taken up and impounded by CITY employees within the corporate
lisiits of CITY .
5 . In addition to the services described in sections 1 ,
2, 3 and 4 of this Agreement, COUNTY shall , if requested by
the City, Manager of CITY to do so, perform the follnw-
ing animal regulation services:
The inspection and canvassing of all properties within
CITY in order to locate and provide for the licensing
of unlicensed dogs .
If CITY requests such additional services , it shall do so by
giving 30 days ' written notice to COUNTY .
5 . COUNTY may r,r vide to CITY , but shall not be required
to so provide, animal regulation services other than those
specified in this Ayrecmeu':, or a higher level of service Uri"
that specified in this Agreement , it the City_.Al4FIag£r
of CITY so requests in writing tnd the 'lirect:r of COIINTY ' s
Animal Regulation Department determines that COUNTY can provide
such other services or higher level of services without inter-
fering with animal regulation services then being provided by
COUNTY to the unincorporated area or to other cities pursuant
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7 . CITY slra .. l ,•!,V r.'.nrtor I . re. 5 :Y , for services
:r :,urt t> sections 1 , 2
and 4 of this A i r .. _ . 3.1 t of the amount_
appropriated for animal ry C. it Ild au iustrat ion/ licensing roil
shelter operation s.. . -: I .-a, 'start ygs.;c feu r _'lc= fiscal year in
which the services we son to: -1 , . _., a any credits al.lowest
pursuant to this sectl *Sr _ .trl I he made within
70 lays after receipt fSAE: ' : sL"CBmCnt [Cr such secvrces
rendered in the preceding -lua_ ter . 5u.-11 statement shall show
he amount of cre.li ts , i ` any , at Lowed r,ursuant to this section
n.] the net amount to be paiI by CI me . Any and all license
f =as for dogs licensed cur s'Aerlt ._ t"v "n .it. this AgreeestN. ,
, , my and all imbeune fwes ail ., col leered in connection
._ t1-1 the disposal of animals asesrnndc.I purstant to this ,Agree-
tent , shall be collect ri by Co STY . l'he amount of such License ,
impound and disposal fees shah : be ca .1ited bgainst. the su:ns
p-ryable by CITY to CollgeY oursuan' t this section and , where
aupl:cable , section rl of this A-pore. tent . Sri thin 60 days after
._. � c"r;n51-151 11011 of this :Tt ,�,.i,., „I'.^.'f l' shah l pay to CITY
the remaining balance, arty . surd, . irense , impound and
I _ -posal fees . Any ant all lees for . e.L„rinary services col -
boated is connect i .n, with. . .aw=untoe r'ricrais shalt be cnllectel
tit no l remUin t i t s r.tr. • _ . 1 . ....I'71Y , re part of such _.
or deposits shall be crc:lLLe=r. og.r inst sums payable by CITY .
Any and all spay-neuter deposit s col looted in connection with
irpounded animals shall be collected and disposed of by COUNTY
*Estimated to be $10,700, net, for 1984-85
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rt. manner preset116st 1r, .; tett Ion 11 111 -1 et the Ventura
,..city ,)rrl inance Code . If , tot any ii scat year et' COUNTY Ito tmn
which •..Nis Agreement i ; in _ . , ect , the on.aunt actually expended
tlett11TY for .rnimai requi at ion adFr.rn i st_ rat tun/li :ensinn aui
,iiel ter operation services countywide is less than the amount
appropriated for such purpose counLyw tie in COUNT-Y s ". in:rl
burl-10t for that fiscal year , COUNTY shall , within 60 days
after the expiration of such fiscal year, pay CITY in nmaunt
egad .0 3.1 g of the tlifference between the amount ac pia lly
expended and the amount appropriated .
A . If CITY requests the inspection and canvassing rerr-
vicos described in section 5 of this Agreement , or if CCT'f re-
+tests and COUNTY provides other services or a higher Level of
:services pursuant to section 6 of this Agreement, CITY shall
pay to COUNTY the entire cost to COIJiT Y of performing such
sery ices , less any credits allowed pursuant to section 7 of
this Agreement. Such costs shall. include the salaries and
wages of all COUNTY officers and employees engaged in providing
such services, the costs of supervision, clerical work, office
suppl ies , depreciation on machinery and equipment , overhead
expenses, insurance costs , travel expenses ( including mileage:
of officers and employees) , and al 1 other costs and expenses
i .'i .lental to the perforcance nh such services , as detertniue!l
by CtoUNTS' in accordance with COUNTY ' s cost account_inq pro-
cedures . Overhead expenses shall include but not be limited
to COUNTY' s costs incurred in support of such services per-
formed pursuant to sections 5 and 6 of this Agreement.
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Insursece costs ,71,111 , rurr,l ° pro rata share tt
CoiiN s costs incurred n :.rai - t thane public liability inscr :-' .
coverage or in sell - inruttnoc sell-incur-nor for the arts if CrA Sk%.ns Df
COUNTY, its atficers and nployees , and A reasonairle pro r .cr .r
share of COUNTY ' S costs recurred ltri self- insuring for wor:ters
compensation, cfampatud on the nisi s of t rate per $100 of nay-
For Ure partichlar type :; I er '' ice `nt _-.g perform ei .
CM 'CI shall submit its ittarazed , t scrae,tt Tgr such e_.„sts . .
net -.i7 of the calendar piaster in xhlch tacy are incurre'1 .
CITY ,hall make its payment. within 3 ' days After receipt of
such statement .
9 . if payment sneci_fic.I _„ sections 7 or t2 of this
A ;rceflenr is not rece ivec by Cnt ' . . on or before the due . . ,_c
srecified therein , dolIN'YV may satisfy all or any part of s'n 'n
tedebUedness from any t ' nls Of ITT on 3eposit with or theta-
.
liter deposited with or collected by COUNTY .
10 . If , in connection with the performance of services
pursuant to this Agreement, CI'T'Y requires that notices , forms ,
or other documents and scppLies bearing the name or insignia
of CI''Y he issue : or used by COnN'rY, CITY shall furnish All
nod !jocurnents and supplies to .1(LNTY at C122 ' s own cost and
expense .
It . CITY snat L enact and maint rlti in full force and
etfec-t to ordinance substantially Identical to Chapter 4 ( ex .
eluding , however , sections 4461, 4462 , 4463 , 4466 and 4470 ) of
Division 4 of the Ventura County ordinance Code, and shall
also enact amendments to said ordinance identical to amendments
4163 , 4466 and 4170 ! within 120 , lye t ' i 'ts n.vtified of
e Ich amendments hy " [iNT ' .
12 . All persons empl .lye,: _ he per ` tr:nan::e or
this Aar eement she L he Cr t. erlpi > C TY employees .
.�s anch, s?,al l be taken ov,c by coaSI "i err; s et,r or. eon) oyel
by COIl :rY in the performance of tus IL 1: i „nr shall have arca
C . . f pension , Civil Sc: '. -. __ It . el n r e Lcl fi'. nt sLntus
1-. staining to CIl o empl ecient . l ,HLv _ for rha 1r:l teJ nur
ni �l Lying official status to Crn." 1 'i per;onncl performing
sere ices pursuant 10 this Agreement_ , _very Cpl''T1' officer and
employee performing such services rih de,iale.1 to be doirr:
... ors an of firer or er.Ilrl -iy,e of CITY .
13 . CITY, its oLticcrs .er..1 employeees by this -Aareenent ,
,.n not assume any I lability for the direct payment of any
salary or wages to any COUNTY officer ar employee per- forint:11
services hereunder for CITY, or for the li .-ect payment of
compensation or indemnity to any COt1NTY oft rcet or employee for
any injury to or illness of such officer or emir] oyee arising
Out of his employment by COJNTY -
14 . COUNTY, its officers and employees , by this
Aar aenient, do not assume my I lability f >r the negligent Or
wi ongful acts or rnrissions of ; Ill , nor of any ofrice
er. pinyee thereof, nor for any denaerous comma it ton of the
streets or property of CITY, and CITY shall hold COUNTY, its
officers and employees , harmless from and indemnify and defend
COUNTY, its officers and employees , against any and all costs,
expens claims , suits and Liability for bodily or personal
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ii. jv:y to or .leorl: of e.ry person and for injury to or lose of
any property resort_iu-.1 frvr• or arising out of or in any way
c.,.,.,cctee with any nog I : pent or drony tilt acts or omissions Cf
C _1Y its of firers and employees , in performing or authorizing
the per fro of :r nc to per fors or authorize Cne
per formance pry work , services or furict ions provided for
re= ferred to in or i a any way co.urect. d with any work , ry ices
or _.v-eftions to be per rancid .ender lib is Agreement .
15 . CI'T'Y , its officers and employees , by this Agreement ,
Co not assume any liahiIity for the negligent or wrong fu '. act_,
nrra.i ssions f Gr1IN'PY , nor of any officer or employee thereof ,
rml P /i'TY sb it! holci min its officers and employees , harmless
from and in.lenniiy Co f.end CITY , its officers and empl ry:n:s .
a aaiest any and all costs , expenses , claims , suits and I ia-
'oil ity for bodily or per injury to or death of any person
anti for injury t1 er lass of any property resulting from or
arising out of or in any way connected with any negligent or
wrongful acts or omissions of COUNTY, its officers and employees ,
is per forming a If fa ire] to perform any work , services or
Lt.cr lone orovhicd for, referred to in or in any way connectel
.di tin any work , c„ . vices , or functions to he performed under
this A..jreement .
16 . Any n..r ice seeai net to be sent to a party hereto
may be sent to the party a the address set forth below:
8
C/o )t cr . °a ' . ,L of t i ir., runt
602 El 7if .cr.' _
Crt■ of Mooiparl.
c/o CroyAtonay;c!
P. O. 13oi 766
Moorpark, CA 93e2i
Any notice addressed fa a dirty of _lc foreyotng address , or al.
such other address AS SUCAA pan .;y ter gis-,e ro time tut .tith
in writing to the other party , shall ne deemed to have peen
received by the addressee on the first basinens day next fodlove
irk] the day on which seof notice was deposited , postage prepaid
in the f!ni ted States toii .
17 . Phe teim of this Agreement shall commence on kiity t ,
1984 and shall condone to '.efi_ni rely until terminated pursuant
to this section . Lith'r party may terminate this Agreernent, in
its sole discretion, with or without cause , as of the 31st day
of May of any year by yiviria to the other party written
notice of its election _m so terminate at least 30 days prior'
to such termination date . The responsihif it ies of the respec-
tive parties under parairaphs 14 and 15 of this Agreement
shall remain in effect after any termination with respect to
any acts or omissions preceding the termination .
IN WITNESS WhEPEnif , COUNTY has , ny order of its Boar] ,. ._
Supervisors , caused these presents to be subscribed by the
Chairperson of said Board of Supervisors and the seal of said
Board to he affixed and attested by the Clerk thereof ; and
9
ClrY has , by order of the City Council , '.inset these present -
. siioecribel by th.e presi,ir!11 �' ., cr',,r f :� nl re
dates indicated below.
CI fl th
!:RT :
City Clerk
APPRDVF.D AS ThI
City Attorney
Cc/lc:TY oh VE JT0VA
Dated: _ by
Chair , Boar'. of Supervisors
;,9•.i ILSP
sOBSkT1 L . HAMM, County Clerk ,
County of Ventura , State of
California , and ex :officio
Clerk of the Board of Super-
vlsors thereof .
Deputy Clerk
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