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HomeMy WebLinkAbout2024-05-14 - AGENDA REPORTS - LACO ANIMAL CARE CONTRO Agenda Item: 7 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR 14) CITY MANAGER APPROVAL: ' DATE: May 14, 2024 SUBJECT: MUNICIPAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR ANIMAL CARE SERVICES - CONTRACT RENEWAL DEPARTMENT: Community Development PRESENTER: Tracy Sullivan RECOMMENDED ACTION City Council: 1. Approve the renewal of the Animal Care and Control Services contract with the Los Angeles County, Department of Animal Care and Control, for an additional five-year term, ending June 30, 2029. 2. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. BACKGROUND The City of Santa Clarita (City) has contracted with the County of Los Angeles (County) for animal control services since its inception. These services include providing shelter to stray and abandoned animals, responding to field -related requests, and issuing pet licenses. These services are administered by the County Department of Animal Care and Control (DACC), seven days a week, through operations based at the Castaic Animal Care Center. In 2023, the City commissioned a comprehensive assessment of DACC services to evaluate the effectiveness of the existing contract and explore opportunities for improvement. The final report, presented to the City Council on May 9, 2023, concluded that DACC adheres to industry best practices and adequately meets the current needs of the community. As a result, it was recommended to continue contracting with DACC for animal care and control services. The report also identified several areas for potential enhancement, which are currently being implemented. These enhancements include, but are not limited to, providing additional spay and neuter clinics, organizing off -site adoption events, expanding media exposure, and establishing a Page 1 Packet Pg. 64 O grant program to support local non-profit providers The Municipal Services Agreement (Agreement) delineates the roles and responsibilities of DACC in serving the City. Annual costs to the City are determined separately each year based on an actuarial analysis performed by the County. The current Agreement with the County is set to expire on June 30, 2024; therefore, the City Council is presented with a proposed renewal extending the contract for an additional five-year term through June 30, 2029. ALTERNATIVE ACTION Other action as determined by the City Council FISCAL IMPACT Funding to support the recommended action will be made available in expenditure account 1003203-516101 (Animal Care -Contractual Services) upon adoption of the Fiscal Year 2024-25 Budget and for future years will be contingent upon approval by the City Council through the annual budget process. ATTACHMENTS Proposed Municipal Services Agreement (2024-29) - Santa Clarita Page 2 Packet Pg. 65 7.a CITY -COUNTY MUNICIPAL SERVICES AGREEMENT TABLE OF CONTENTS COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL AND CITY OF SANTA CLARITA PARAGRAPH TITLE PAGE RECITALS 2 1.0 AGREEMENT TO PROVIDE SERVICES UNDER 2 STATE AND LOCAL STATUTES 2.0 ADMINISTRATION OF PERSONNEL 3 3.0 DEPLOYMENT OF PERSONNEL 4 4.0 PERFORMANCE OF CONTRACT 4 5.0 INDEMNIFICATION 5 6.0 TERM OF CONTRACT 6 7.0 RIGHT OF TERMINATION 6 8.0 CONTRACT SUM 6 9.0 PAYMENT PROCEDURES 7 10.0 NOTICES 7 11.0 AMENDMENTS 8 12.0 AUTHORIZATION WARRANTY 8 13.0 ENTIRE AGREEMENT 8 14.0 CONSTRUCTION OF AGREEMENT 9 15.0 IMPLEMENTATION OF AGREEMENT 9 16.0 COUNTERPARTS 9 Packet Pg. 66 7.a CITY -COUNTY MUNICIPAL SERVICES AGREEMENT COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL AND CITY OF SANTA CLARITA THIS MUNICIPAL ANIMAL CARE AND CONTROL AGREEMENT ("Agreement") between the COUNTY OF LOS ANGELES ("the County") and the CITY OF SANTA CLARITA ("the City"), together known as "the Parties," is made and entered into July 1, 2024, or when signed by all Parties, whichever is later. RECITALS a. The City desires to contract with the County to perform the animal care and control functions described in this Agreement; and b. The County is agreeable to providing such services on the terms and conditions set forth in this Agreement; and C. Such agreements 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 sections 51300 et seq. of the Government Code of the State of California. NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for good and valuable consideration, the Parties mutually agree as follows.. 1.0 AGREEMENT TO PROVIDE SERVICES UNDER STATE AND LOCAL STATUTES 1.1 The County agrees, through the County Department of Animal Care and Control ("the Department"), to provide general animal care and control services within the corporate limits of the City to the extent and in the manner stated in the Agreement and its Attachments. 1.2 Except as otherwise specifically stated in the Agreement, the services will only encompass duties and functions of the type coming within the jurisdiction of and customarily provided by the County under the Charter of the County, the Los Angeles County Code, and the statutes of the State of California. The County will provide services in accordance with the provisions of Title 10, "Animals," of the Los Angeles County Code, and all amendments enacted to Title 10, except as otherwise agreed by the Parties in the most recently executed Service Level Request. Page 2 of 11 Packet Pg. 67 7.a 2.0 ADMINISTRATION OF PERSONNEL 2.1 The County will control all aspects of the services provided by the County including, but not limited to, standards of performance, discipline of officers and staff, and all employment -related matters. 2.2 In the event of a dispute between the Parties regarding the duties and services to be provided, or the minimum level or manner of performance of such services, the City will be consulted and an agreement between the Parties attempted. Each party must employ good -faith and reasonable efforts to reach an agreement. If an agreement cannot be reached, the County will make the final and conclusive determination of the dispute. 2.3 All City employees who work with the Department under the Agreement will remain employees of the City and will not have any claim or right to employment, civil service protection, salary, benefits, or claims of any kind from the County. No City employee will become an employee 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. Except as otherwise specifically set forth in the Agreement or in the attached Service Level Request, to the extent the County provides the City with animal licensing services, neither the City employees nor their agents will perform any function related to the licensing of animals, including the collection of license fees, penalties, or field enforcement fees. Field enforcement fees will only be collected by the Department for services performed by employees of the Department. The City may distribute educational and outreach materials, reviewed and agreed upon by both the Department and the City, related to pet licensing and its benefits. 2.4 For the purposes of performing services under the Agreement, and only for the purpose of giving authority for Department staff to provide these services, every County officer and/or employee engaged in performing any service will be deemed to be a contracted officer or employee of the City while performing service for the City, provided the service is within the scope of the Agreement and is a municipal function. 2.5 The City will not assume any liability for the direct payment of salaries, wages, or other compensation to County personnel performing services under the Agreement. Except as described under Section 5.0, the City will 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 while providing services under the Agreement. 2.6 The County agrees that it is subject to the County Civil Services Rules prohibiting discrimination based on non -merit factors. Page 3 of 11 Packet Pg. 68 7.a 3.0 DEPLOYMENT OF PERSONNEL 3.1 The Department, in cooperation with the City, will determine how to provide the services required by the Agreement. 3.2 The City agrees to complete an Attachment B, Service Level Request (SLR) form, specifying the level of service to be provided, which will be signed and authorized by the City and the Department representative and attached to the Agreement. In the event of a dispute between the Parties about the desired or approved content of the SLR will be handled in accordance with Paragraph 2.2 of this Agreement. 3.3 The Department will issue annual notifications of any change to the billing rate as stated in Paragraph 8.2 of this Agreement. Unless the City changes other provisions within the most recently executed SLR, it is not necessary to execute a revised SLR to reflect a billing rate change. 3.4 The City may at any time request a change in the level of service by completing a revised SLR, and submitting the form to the Department. The revised level of service to be provided and the current fiscal year billing rate will be signed and authorized by the City and the Department representative and attached to the Agreement as an amendment. Changes requested at times other than the beginning of the fiscal year will be implemented as soon as practical, as determined by the Department. The City is only required to submit a new SLR if it wishes to revise its current services or update information listed on its existing SLR. The Department reserves the right to approve or disapprove requests on the SLR in accordance with Section 3.1 of this Agreement. Regarding updates to contact information, the City is not obligated to submit a new SLR. A simple email confirmation from the City will suffice, and the Department's Contracts and Grants Division will update the City's existing SLR and share the revised copy with the City. 3.5 The City will make its best effort to inform the Department of any modifications to its ordinance concerning animal care and control services. This approach will enable the Department to verify that the services outlined in the City's SLR align with the municipal ordinance, thereby reducing the potential for any discrepancies. 3.6 The City is not limited to the 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 the Department to provide. The County reserves the right to determine, in its sole discretion, whether the Department can provide requested services not otherwise specified in this Agreement. Page 4 of 11 Packet Pg. 69 7.a 4.0 PERFORMANCE OF CONTRACT 4.1 In performing services under the Agreement, the County will provide all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed upon level of service. 4.2 Nothing in the Agreement prohibits the City from providing, at the City's expense, additional resources for the County to utilize in its performance of the services. 4.3 Any use of special supplies, stationery, notices, or forms, in other than standard Department format, must be approved by the Director of the Department, or his/her designee, and supplied by the City at its own cost. 4.4 If requested, the Department will use its best efforts to attend one in -person meeting with the City, up to three hours duration, per quarter at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City -County Municipal Services Billing Rates, for any additional hours of the Department's contract management staff's time at meetings requested by the City. Due to a lack of availability of meeting space in County facilities, the City will provide a mutually agreed upon meeting space and location, or virtual meeting link, for all in -person and/or virtual meetings or meet at the Department's headquarters in Long Beach, California. 4.5 If requested, the Department will use its best efforts to coordinate a virtual meeting once per month at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City -County Municipal Services Billing Rates, for any additional hours of County representatives' time at meetings requested by the City. 4.6 If requested, the Department will use its best efforts to send representatives to the City's Council meetings for proposed ordinance changes, contract revisions, or any related animal issues where input from the Department is needed. The Department will only attend these meetings to the extent that resources and capacity will allow. 4.7 The Department will make available upon request, at no charge to the City, the reports listed in Attachment A, Description of Services, at the intervals indicated in that attachment. For any additional reports that are not included in Attachment A, Description of Services, or those requested at more frequent intervals, the Department will account for the hours of staff time required to produce the reports. The County will provide, at no charge to the City, up to 12 hours of staff time annually for any additional requested reports. The City will be responsible for any excess hours at the current Page 5 of 11 Packet Pg. 70 7.a billing rate for staff time as listed in Attachment C, City -County Municipal Services Billing Rates. 5.0 INDEMNIFICATION 5.1 The Parties 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 the Agreement as if set out in full in the Agreement. 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 will supersede the Joint Indemnity Agreement previously in effect between the Parties. 6.0 TERM OF CONTRACT 6.1 Unless sooner terminated as provided for in the Agreement, the Agreement will be effective July 1, 2024, or when signed by the Parties, whichever is later, and will remain in effect until June 30, 2029, unless sooner terminated or extended. 6.2 At the option of the Board of Supervisors and with the consent of the City Council, the Agreement may be renewable for successive periods not to exceed five (5) years each. 7.0 RIGHT OF TERMINATION 7.1 Either Party may terminate the Agreement as of the first day of July of any year upon notice in writing to the other Party of at least sixty (60) days before the termination date. 7.2 Despite any provision to the contrary in the Agreement, the City may terminate the Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed under the Agreement. In such an event the Agreement will terminate sixty (60) calendar days from the date of the City's notice to the County. 7.3 The Agreement may be terminated at any time, with or without cause, by either Party upon written notice given to the other Party at least one - hundred eighty (180) days before the date specified for that termination. 7.4 In the event of an unresolved dispute, either Party may terminate the Agreement by giving not less than sixty (60) days' notice in writing to the Page 6 of 11 Packet Pg. 71 7.a other Party. A dispute is unresolved when both Parties agree that there is no resolution and no intent by either party to continue to seek a resolution. 7.5 In the event of termination, both Parties shall fulfill all obligations owed to each other that have accrued before the date of termination. Additionally, each Party will be released from any obligations that would have accrued after the termination date had the Agreement continued. However, the City will remain responsible for payment to the Department for any services provided under this Agreement prior to the termination date. 8.0 CONTRACT SUM 8.1 The City will pay for the services provided under the terms of the Agreement at the current fiscal year rate established by the County Auditor -Controller and set forth in the current Attachment C, City -County Municipal Services Billing Rates. 8.2 The rates indicated in the City -County Municipal Services Billing Rates form will be readjusted by the County annually, effective the first day of July each year, to reflect the cost of services in accordance with the policies and procedures for the determination of rates established by the County. 8.3 The City will be billed based on the current service level described in the latest Attachment C, City -County Municipal Services Billing Rates form. 8.4 The cost of any additional services requested and provided under the Agreement and not set forth in Attachment C, City -County Municipal Services Billing Rates form will be determined by the Department in accordance with the policies and procedures established by the County. 9.0 PAYMENT PROCEDURES 9.1 The County, through the Department, will submit a summary invoice covering all services performed during the month to the City within twenty- five (25) calendar days after the close of each calendar month. The City will pay the County for all undisputed amounts within thirty (30) calendar days after the date of the invoice. 9.2 If payment is not delivered to the County office described on the invoice within sixty (60) days after the date of the invoice, the County is entitled to recover interest on the unpaid amount. 9.3 For all disputed amounts, the City will provide the County with written notice of the dispute including the invoice date, amount, and reason(s) for the dispute within twenty-one (21) calendar days after receipt of the invoice. The Parties will confirm the resolution of the dispute in writing. For any disputed amounts, interest will accrue if payment is not received within sixty (60) calendar days after the date of the written resolution. Page 7 of 11 Packet Pg. 72 7.a 9.4 Interest will be calculated at the rate of seven percent (7%) annually or any portion thereof, from the last day of the month for which the services were performed, or in the case of disputed amounts, from the date of the written resolution. 9.5 Despite the provisions of Government Code Section 907, if payment is not delivered to the County office described on the invoice within sixty (60) calendar days after the date of the invoice, or in the case of disputed amounts, from the date of the written resolution, the County may satisfy such indebtedness, including interest on unpaid amounts, from any funds of the City on deposit with the County, without giving further notice to the City of County's intention to do so. 10.0 NOTICES 10.1 Each Party shall designate a Primary Contact, as identified in Attachment B, Service Level Request, to facilitate the services covered by this Agreement. Routine communications necessary for the day-to-day facilitation of services may be conveyed through telephone, email, or in - person interactions. However, all notices or demands required, permitted, or desired to be given by one Party to the other must be in writing. Such notices or demands shall be mailed or emailed to the other Party's designated Primary Contact at the address provided in Attachment B, Service Level Request. Both Parties may update the designated addresses and contact persons by providing written notice to the other Party. The Department accepts both physical (wet) signatures and electronic signatures for any notices or correspondence related to this Agreement. 10.2 Notices to the County of Los Angeles must be addressed as follows: For physical notices: County of Los Angeles Department of Animal Care and Control Contracts and Grants Division Attn: Bradley Kim 5898 Cherry Avenue Long Beach, CA 90805 Phone: (562) 379-9722 For electronic notices: BKim(a)animalcare.lacounty.gov 10.3 Notices to the City must be addressed to the contact person listed on the most recent SLR on file and/or the current City Official or City Manager. 11.0 AMENDMENTS Page 8 of 11 Packet Pg. 73 7.a 11.1 With the exception of changes to a City's contact information, any changes, modifications, or amendments to the Agreement must be in writing and duly executed by the Director of the Department, or his/her designee, and an authorized representative of the City. The only exception to this requirement applies to updates to the City's contact information, which may be made through a simple email confirmation from the City. 12.0 AUTHORIZATION WARRANTY 12.1 The City represents and warrants that the person executing the Agreement for the City is an authorized agent who has actual authority to bind the City to each term, condition, and obligation of the Agreement and that all requirements of the City have been fulfilled to provide such actual authority. 12.2 The County represents and warrants that the person executing the Agreement for the County is an authorized agent who has actual authority to bind the County to each term, condition, and obligation of the Agreement and that all requirements of the County have been fulfilled to provide such actual authority. 13.0 ENTIRE AGREEMENT 13.1 The Agreement, including Attachment A, Description of Services, the most recent Attachment B, Service Level Request, and the latest Attachment C, City -County Municipal Services Billing Rates, along with the applicable Assumption of Liability or Joint Indemnity Agreement referenced under Section 5.0, constitute the complete and exclusive statements of the Parties, which supersede all previous agreements, written or oral, and all communications between the Parties relating to the subject matter of the Agreement. Except as provided in Paragraphs 3.4 and 11.1, all changes or amendments to the Agreement must be in writing and mutually executed by authorized personnel on behalf of the Parties. The Director of the Department, or his/her designee, is authorized by the County to execute amendments. 14.0 CONSTRUCTION OF AGREEMENT 14.1 Each Party has participated in the drafting and preparation of the Agreement, and each Party agrees that the Agreement will not be construed against any Party on the grounds that the Party drafted the Agreement. 15.0 IMPLEMENTATION OF AGREEMENT 15.1 Each Party agrees to execute the documentation required and to take such other actions as may be reasonably necessary to accomplish the purposes of the Agreement. 16.0 COUNTERPARTS Page 9 of 11 Packet Pg. 74 7.a 16.1 The Agreement may be executed in counterparts (including via facsimile or electronic copy), which will become effective only when every Party has signed and delivered a counterpart. The originals of any counterpart signature pages will be delivered to the County and retained as part of the original Agreement. Page 10 of 11 Packet Pg. 75 7.a CITY -COUNTY MUNICIPAL SERVICES AGREEMENT COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL AND CITY OF SANTA CLARITA IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors has caused the Agreement to be executed by the Director of the Department of Animal Care and Control and the City has caused the Agreement to be executed on its behalf by its authorized representative. ATTEST: By City Clerk Date By City Attorney Date APPROVED AS TO FORM: DAWYN R. HARRISON County Counsel By David Beaudet Senior Deputy, County Counsel Date COUNTY OF LOS ANGELES By MARCIA MAYEDA Director Department of Animal Care and Control Date CITY OF SANTA CLARITA By City of Santa Clarita, City Manager Date Page 11 of 11 Packet Pg. 76