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HomeMy WebLinkAboutAGENDA REPORT 1987 0520 CC REG ITEM 11M r ` ITEM //"Mi''''. MOORPARK 171. CLINT HARPER,Ph.D. STEVEN KUEN� Mayor City Manager ELOISE BROWN OP"_►"`° 1I. �'° CHERYL J.KANE Mayor Pro Tem F°�`�2 City Attorney THOMAS C. FERGUSON � �° /R7 Ff 7 PATRICK RICHARDS,A.I.C.P. -Councilmember �i�� Director of JOHN GALLOWAY �r`��15`� Community Development Councilmember 9-7a R.DENNIS.DELZEIT BERNARDO PEREZ g9jEo °� City Engineer Councilmember JOHN V.GILLESPIE MAUREEN W.WALL Chief of Police City Clerk THOMAS P.GENOVESE City Treasurer MEMOR ANDUM TO = The Honorable City Council FROM : Thomas P. Genovese DATE : May 12, 1987 �l // SUBJECT : 1987-88 AGREEMENT FOR ANIMAL REGULATION SERVICES Attached is the 1987-88 Agreement between the City of Moorpark and the County of Ventura for Animal Regulation Services. The effective date for this Agreement will be July 1, 1987. The City Attorney and City staff have reviewed the Agreement. The changes requested by the City have been approved and integrated into the Agreement. The cities of Ventura, Camarillo, Ojai and Thousand Oaks have approved the Agreement. The balance of the cities in Ventura County are anticipated to have approved the Agreements by June 30, 1987. RECOMMENDED ACTION: Approve the Agreement for: Animal Regulation Services between the City of Moorpark and the County of Ventura and authorize the Mayor to execute the said Agreement. MOORPARK, CALIFORNIA City Council Meeting of S-a7-198 - TPG:igb ACTION: fi pt0A,9-u-ed Attachments 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 AGREEMENT FOR THE COUNTY OF VENTURA TO PERFORM ANIMAL REGULATION SERVICES FOR THE CITY OF MOORPARK THIS AGREEMENT, entered into by and between the County of Ventura, California, hereinafter referred to as "COUNTY" , and the City of MOORPARK , a California municipal corporation, hereinafter referred to as "CITY" , WITNESSETH: WHEREAS, CITY and COUNTY desire to enter into a contract for the performance by COUNTY of certain animal regulation services within CITY'S boundaries ; and WHEREAS, said contract is authorized and provided for by the provisions of Article I , Chapter 1 , Part 2, Division 1, Title 5, (section 51300 et seq. ) , and Chapter 12, Part 1 , Division 2, Title 5 (section 54980 et seq. ) of the Government Code of the State of California; NOW, THEREFORE, the parties hereto agree as follows : 1 . The COUNTY shall perform within the corporate limits of CITY the following animal regulation services : (a ) The enforcement of applicable state laws respecting the vaccination and licensing of dogs. (b) The enforcement, including the issuance of citations , of applicable CITY ordinances respecting the control of animals to the extent such ordinances are substantially identical to COUNTY ordinances set forth in Chapter 4 (excluding , however, sections 4461 through 4463, 4466 through 4467-10 , and 4470) of Division 4 of ` the Ventura County Ordinance Code as amended from time to time. (c ) The picking up of abandoned animals and stray animals which are sick, injured or dead. 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 of licenses so issued. The services described in this section shall be performed in accordance with standard COUNTY procedures ; provided , however, that to the extent it can do so without undue inconvenience COUNTY shall follow such special procedures in supplying such services to CITY as CITY may request in writing. The level of such services to be provided to CITY shall be comparable to the level of like services contemporaneously being 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 1 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 unincorporated area of COUNTY. COUNTY shall prosecute persons to whom it issues, pursuant to section 1 of this Agreement, citations for violation of CITY ordinances in the same manner and to the same extent as the COUNTY would prosecute persons issued comparable cita- tions for violation of the corresponding COUNTY ordinances . 2 3. COUNTY shall provide for the emergency veterinary medical treatment of all unowned animals taken up within the corporate limits of CITY and delivered to COUNTY in such condition that would warrant such care . COUNTY may, at any time , require that sick or injured animals be taken to a veterinary clinic or hospital by CITY, the cost of treatment to be borne by COUNTY pursuant to California Penal Code section 597f. 4. COUNTY shall make available to CITY appropriate animal shelter facilities for the care and housing of any stray animals taken up and impounded by CITY employees within the corporate limits 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 MANAGER of CITY to do so, perform the follow- 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. 6. COUNTY may provide to CITY, but shall not be required to so provide, animal regulation services other than those specified in this Agreement, or a higher level of service than that specified in this Agreement, if the MANAGER of CITY so requests in writing and the Director of COUNTY's Animal Regulation Department determines that COUNTY can provide such other services or higher level of services without 3 interfering with animal regulation services then being pro- vided by COUNTY to the unincorporated area or to other cities pursuant to contract. 7 . CITY shall pay quarterly to COUNTY, for services rendered in the preceding quarter pursuant to sections 1 , 2 and 4 of this Agreement, a dollar amount equal to one-fourth of the annual payment computed pursuant to the following formula : A E Annual payment = —g- + C F where : A = The total number of dog licenses issued for dogs from CITY over the two fiscal years of COUNTY pre- . • ceding the one in which the services were rendered ; B = The value "A" plus, the total number of dog licenses issued by COUNTY for dogs from all of the cities except CITY which are parties to other agreements with COUNTY similar to this Agreement, and for dogs from the unincorporated territory of COUNTY, over the two fiscal years of COUNTY preceding the one in which the services were rendered ; C = The total number of dogs impounded from CITY over the two fiscal years of COUNTY preceding the one in which the services were rendered ; D = The value "C" plus the total number of dogs impounded by COUNTY from all of the cities except CITY which are parties to other agreements with COUNTY similar to this Agreement, and from the unincorporated territory 4 of COUNTY, over the two fiscal years of COUNTY pre- ceding the one in which the services were rendered ; E = The amount appropriated by COUNTY for animal regu- lation administration/licensing services countywide for the fiscal year in which the services were rendered , less that amount determined by the Director of COUNTY' s Animal Regulation Depart- ment ( "Director" ) to be for projected adminis- tration costs which are not associated with countywide licensing services ; and F = The amount appropriated by COUNTY for animal regulation shelter services countywide for the fiscal year in which the services were rendered, plus the amount determined by the Director to be the projected administration costs associated with the countywide shelter services. The values "B" and "D" may decrease, and consequently the annual payment computed pursuant to the foregoing formula may increase, during a given fiscal year if any of the other similar agree- ments between COUNTY and the other cities is terminated during that fiscal year. If such increase in computed annual payment occurs after CITY has made any quarterly payments for that fis- cal year, the deficiency shall be made up when the next quarterly payment is made. All quarterly payments, less any credits allowed pursuant to this section, shall be made within 30 days after receipt of COUNTY's statement for such services rendered in the 5 preceding quarter. Such statement shall show the amount of credits, if any, allowed pursuant to this section and the net amount to be paid by CITY. Any and all license fees for dogs licensed pursuant to section 1 of this Agreement, and any and all impound fees and fees collected in connection with the disposal of animals impounded pursuant to this Agreement, shall be collected by COUNTY. The amount of such license, impound and disposal fees collected in the preceding quarter shall be credited against the sums payable by CITY to COUNTY pursuant to this section and, where applicable, section 8 of this Agreement. Within 60 days after the termination of this Agreement, COUNTY shall pay to CITY the remaining balance, if any, of such license, impound and disposal fees. Any and all fees for veterinary services collected in connection with impounded animals shall be collected by and remain the property of COUNTY, and no part of such fees or deposits shall be credited against sums payable by CITY. Any and all spay-neuter deposits collected in connection with impounded animals shall be collected and disposed of by COUNTY in the manner prescribed by section 4432-1 of the Ventura County Ordinance Code. If, for any fiscal year of COUNTY during which this Agreement is in effect, the amount actually expended by COUNTY for animal regulation administration/licensing and shelter operation services countywide is less than the amount appro- priated for such purpose countywide in COUNTY' s final budget for that fiscal year, COUNTY shall, within 60 days after the expiration of such fiscal year, pay CITY an amount equal to the 6 annual payment computed pursuant to this section multiplied by a number equal to the difference between the number one and the quotient produced by dividing the amount actually expended by the amount appropriated. The actual dollar cost for the program to CITY may not be known until the final adoption of COUNTY's budget by COUNTY's Board of Supervisors for each fiscal year which may cause the projected dollar cost allocable to CITY to be ad- justed retroactively. The projected dollar cost allocable to CITY may also be adjusted retroactively if any of the other agreements between COUNTY and other cities which are similar to this Agreement is terminated during County's fiscal year. Notice of any such adjustments shall be given to CITY by COUNTY within 30 days after adoption of COUNTY's final budget for the animal control program and within 30 days after receipt of any notice of intention to terminate any of such other agreements. Notice to CITY by COUNTY shall be given of any such intended or recommended adjustments as soon as they become known to COUNTY's staff and before the COUNTY's Board of Supervisors adopts said final budget for the animal control program and before such other agreements are terminated. 8. If CITY requests the inspection and canvassing ser- vices described in section 5 of this Agreement, or if CITY re- quests 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 COUNTY of performing such services, less any credits allowed pursuant to section 7 of 7 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 supplies, depreciation on machinery and equipment, overhead expenses, insurance costs, travel expenses ( including mileage of officers and employees ) , and all other costs and expenses incidental to the performance of such services, as determined by COUNTY in accordance with COUNTY's cost accounting 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. Insurance costs shall include a reasonable pro rata share of COUNTY's costs incurred in maintaining public liability insurance coverage or in self-insurance for the acts or omissions of . • COUNTY, its officers and employees , and a reasonable pro rata share of COUNTY's costs incurred in self-insuring for workers ' compensation, computed on the basis of a' rate per $100 of pay- roll for the particular type of service being performed. COUNTY shall submit its itemized statement for such costs at the end of the calendar quarter in which they are incurred. CITY shall make its payment within 30 days after receipt of such statement. 9. If payment specified in sections 7 or 8 of this Agreement is not received by COUNTY on or before the due date specified therein, COUNTY may satisfy all or any part of such indebtedness from any funds of CITY on deposit with or there- after deposited with or collected by COUNTY. 8 10. If, in connection with the performance of services pursuant to this Agreement, CITY requires that notices, forms, or other documents and supplies bearing the name or insignia of CITY be issued or used by COUNTY, CITY shall furnish all such documents and supplies to COUNTY at CITY's own cost and expense. 11. CITY shall enact and maintain in full force and effect an ordinance substantially identical to Chapter 4 (ex- cluding , however, sections 4461 through 4463, 4466 through 4467-10, and 4470 ) of Division 4 of the Ventura County Ordinance Code , and shall also enact amendments to said ordinance identi- cal to amendments hereafter made to said Chapter 4 (excluding sections 4461 through 4463, 4466 through 4467-10 , and 4470) within 120 days after being .notified of such amendments by COUNTY. 12. All persons employed by COUNTY in the performance of this Agreement shall be COUNTY employees. No CITY employees, as such, shall be taken over by COUNTY, and no person employed by COUNTY in the performance of this Agreement shall have any CITY pension, civil service status, or other right or status pertaining to CITY employment. However, for the limited purpose of giving official status to COUNTY personnel performing services pursuant to this Agreement, every COUNTY officer and employee performing such services shall be deemed to be doing so as an officer or employee of CITY. 13. CITY, its officers and employees, by this Agreement, do not assume any liability for the direct payment of any 9 salary or wages to any COUNTY officer or employee performing services hereunder for CITY, or for the direct payment of compensation or indemnity to any COUNTY officer or employee for any injury to or illness of such officer or employee arising out of his employment by COUNTY. 14. COUNTY, its officers and employees, by this Agreement, do not assume any liability for the negligent or wrongful acts or omissions of CITY, nor of any officer or employee thereof, nor for any dangerous condition 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, expenses, claims, suits and liability for bodily or personal injury to or death of any person and for injury to or loss of any property resulting from or arising out of or in any way connected with any negligent or wrongful acts or omissions of CITY, its officers and employees, in performing or authorizing the performance of or in failing to perform or authorize the performance of any work, services or functions provided for, referred to in or in any way connected with any work, services or functions to be performed under this Agreement. 15. CITY, its officers and employees , by this Agreement, do not assume any liability for the negligent or wrongful acts or omissions of COUNTY, nor of any officer or employee thereof, and COUNTY shall hold CITY, its officers and employees, harmless from and indemnify and defend CITY, its officers and employees, against any and all costs , expenses , claims, suits and liability 10 for bodily or personal injury to or death of any person and for injury to or loss 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 , in performing or in failing to perform any work, services or functions provided for, referred to in or in any way connected with any work, services , or functions to be performed under this Agreement. 16 . Any notice required to be sent to a party hereto may be sent to the party at the address set forth below: COUNTY County of Ventura c/o Director, Animal Regulation Department 600 Aviation Drive Camarillo, California 93010-8594 • • CITY • • City Manager • c/o City of Moorpark • P . 0 . Box 701 Moorpark , CA 93021 Any notice addressed to a party at the foregoing address, or at such other address as such party may from time to time furnish in writing to the other party, shall be deemed to have been received by the addressee on the first business day next follow- ing the day on which such notice was deposited, postage prepaid , in the United States mail . 17. The term of this Agreement shall commence on July 1 , 1987, and shall continue indefinitely until terminated pursuant to this section. Either party may terminate this Agreement, in its sole discretion, with or without cause, as of the 31st 11 . day of May of any year by giving to the other party written notice of its election to so terminate at least 30 days prior to such termination date. In addition, within 30 days after receipt of notice of the final adoption of the COUNTY's budget and the determination of the actual dollar amount of CITY's annual payment pursuant to section 7 of this Agreement, CITY may serve notice on COUNTY of CITY's intent to terminate this Agreement and this Agreement shall terminate on the 90th day following COUNTY's receipt of such notice. If this Agreement is terminated as of any date other than May 31, CITY shall pay to COUNTY, in lieu of the next quarterly payment which would otherwise come due, an amount equal to that quarterly payment multiplied by the fraction produced by dividing the number of days which had passed in the quarter before termina- tion by the number 90. The responsibilities of the respective parties under paragraphs 14 and 15 of this Agreement shall remain in effect after any termination with respect to any acts or omissions preceding the termination. 18 . This Agreement shall constitute a novation of a similar agreement by and between CITY and COUNTY having an indefinite term commencing July 1 , 1982. IN WITNESS WHEREOF, COUNTY has, by order of its Board of Supervisors, caused these presents to be subscribed by the Chairperson of said Board of Supervisors and the seal of said Board to be affixed and attested by the Clerk thereof ; and CITY has , by order of the City Council , caused these presents 12 to be subscribed by the presiding officer of CITY and the seal of CITY to be affixed and attested by the Clerk on the dates indicated below. CITY OF Dated: By Mayor ATTEST: City Clerk APPROVED AS TO FORM: • City Attorney COUNTY OF VENTURA Dated: By Chair, Board of Supervisors ATTEST: RICHARD D. DEAN, County Clerk, County of Ventura, State of California, and ex officio Clerk of the Board of Super- visors thereof . By Deputy Clerk 13