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HomeMy WebLinkAboutMINUTES - 03231978 - COB BOX 69 4L RECEIVED • OFFICE OF COUNTY ADMINISTRATOR MAR � 1978 3 CONTRA COSTA COUNTY 1. R. OLSSON CLERKOO Administration Building CBp�TRA QSSAPCO. �SORS Martinez, California B `� o Geraldine Russell, To: Chief Deputy Clerk of the Board)ate: March 21, 1.978 Attention Maxine Neufeld Arthur G. Will, From: County Administrator Subject: Antioch Intensified Animal by Terrence Joseph Mc.Gr w Control Sex-vice Contract T Reference is made to your Match 7, 1978 memorandum, subject as above. The aforesaid agreement includes a provision (Paragraph 8) which would make the agreement null and void in the event that the citizens of Antioch passed the initiative measure which mandates the city to re-establish its animal control program. Attached for your information is a copy of the March 14,. 1978 letter from Peter D. Buhlens, Antioch City Attorney, which states that the animal control initiative was passed by the voters of Antioch on March 7, 1978 and, therefore, the agreement for augmented services is null and void. If you have any further questions regarding this matter, please call me . I. TJM/aa encl . Co'ltra Costa County. RECEIVED March 14, 1978 ED NAR 10 19 Mr. TerrenceOffice of Joseph .McGraw Count,/ Management Analyst III Administrator, Contra Costa County County Administration Building Martinez , California 94553 Re: Agreement for Animal Control Services Dear Mr. McGraw: Enclosed you will find the originals which you sent to the City of Antioch for approval and execution regarding increased animal control services for the City of Antioch. As you may be aware, the City of Antioch passed Measure "A" at the March 7th election and, there- fore, pursuant to paragraph 8 , page 4 of the "AGREEMENT WITH CONTRA COSTA COUNTY FOR ANIMAL CONTROL SERVICES dated the 28th day of February, 1978, the agreement is no longer of any force or effect . I am, therefore, returning the agreements to you unsigned by the Mayor since signing would seem to be a useless act at this point . I am retaining a copy for our records in case we must go through this exercise once more some time in the future. I appreciate your cooperation and hope that next time we will be able to draft an agreement under which both the City and the County may operate . If you have any questions concerning this matter , please do not hesitate to contact me at your earliest con- venience. Sinccerely, PETER D . BULENS City Attorney PDB/kp Enncls . CONTRA COSTA COUNTY CLERK'S OFFICE Inter - Office Memo Date: March 7, 1978' To: Mr. Arthur G. Will, County Administrator Attention: T. McGraw From: Clerk of the Board By M. Neufeld Loll Subject: Contract with City of Antioch for Intensified Animal Control Service Attached is a Board Order dated February 28, 1978 authorizing the Chairman to execute the Antioch Animal Control Agreement for augmented services. It is our understanding that you will secure the necessary signatures on same, send us the original copy, and distribute copies to all parties involved. Thank you. mn Att. cc: Agricultural Commissioner Auditor-Controller In the Board of Supervisors of Contra Costa County, State of California FEB 2 8 1978 , 19 _ In the Matter of Antioch Animal Control Agreement for Augmented Services The City of Antioch having requested intensification of the animal control services provided by the Animal Control Division of the County Department of Agriculture; and The Office of County Administrator having submitted a report dated February 23, 1978 (a copy of which is on file with the Clerk of the Board) which recommends execution of an agreement between the County and the City for the provision of said augmented services; NOW, THEREFORE, IT IS BY THE BOARD ORDERED that the report of the County Administrator is APPROVED and the Chairman is AUTHORIZED to execute said agreement effective March 8 , 1978 until terminated for provision of increased services at a cost to the City not to exceed $28 , 000 during the 1978-1979 fiscal year. Passed by the Board on FEB 2 81978 I hereby certify that the foregoing is a true and correct copy, of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Administrator Witness my hand and the Seal of the Board of cc: City of Antioch Supervisors Agricultural Commissioner. FEES 2 8 1978 Animal Control affixed this day of 19_ Auditor-Controller J. R. OLSSON, Clerk B C? Deputy Clerk 1 H - 24 4/77 15m I ) :County Administratolp Contra Board of Supervisors James P.Kenny County Administration Building 1st District Martinez, California 94553 Costa (415) 372-4080 County Nancy District hden Arthur G.Will I I �/ Robert I.Schroder County Administrator 3rd District Warren N. Boggess 4th District Eric H.Hasseltine 5th District 41 February 23 , 1978 yd < Board of Supervisors OY Administration Building, Room 103 ' Martinez, CA 94553 Dear Board Members : Re: Intensified Animal Control Services for the City of Antioch On October 1, 1976 , your Board entered into an agreement with the City of Antioch for the provision of basic animal control services to the city on the same level as provided to all other cities in Contra Costa County. Prior to the provision of said animal control service, the City of Antioch had operated its own animal control program. As a result of the apparent dissatisfaction with the service provided by the county (in comparison to the city' s prior animal control program) , a group of Antioch citizens was successful in qualifying an initiative measure for the March 77 , 1978 election which would require the City of Antioch to reinstitute its animal control program. In an effort to offer an alternative to the reestablishment of the Antioch animal control program, the Office of City Manager contacted the Department of Agriculture with a proposal that the city and county enter into an agreement for the provision of intensified animal control service within the city limits of Antioch. Under the terms of the agreement, the city would pay the county for the cost of hiring and equipping one additional animal control officer. The county would then assign one or more animal control officers to provide the city with additional animal control services in the gross amount of 40 hour:) per week (less normal anticipated absences for vacations, sick leave and holidays) . Micrb ilmad with board order Board of Supervisors Page 2 February 23 , 1978 It is recommended that the Chairman be authorized to execute this agreement. The concept, provision of intensified services as requested by a city, is one in which your Board has previously expressed definite interest. Respectfully, "1 OL�e ARTHUR G. 2---- County Administrator CAH:lm cc: City of Antioch Agricultural Commissioner- Director of Weights and Measures AGREEMENT WITH CONTRA COSTA COUNTY FOR ANIMAL CONTROL SERVICES This agreement is entered into this day of 1978, by- and between the City of Antioch, whose address is 212 "H" Street, Antioch, California,- hereinafter referred to as "City".. and Contra Costa County, whose address is 651 Pine Street, Martinez, California, hereinafter referred to as "County" . RECITALS A. City and County entered into an agreement for basic animal control services to be provided by. the County to the City of Antioch. Said agreement was passed by the County Board of Supervisors under Board Order dated September 21, 1976 and. the City Council under Resolution No. 76/182 and is attached hereto as Attachment "A" .. B. City desires increased hours of animal control services from County in order to insure ah - increased level of animal control within the city limits of the City of Antioch. C. County is willing to provide such increased hours of services to City. D. The following agreement is intended to delineate the rights and liabilities of the parties involved in this increased level of animal control service. NOW, THEREFORE, IN CONSIDERATION of the recitals and mutual obligations of the parties as herein expressed , City and County agree as follows : 1. In addition to the basic animal control service provided, as specified in recital "A" above, County agrees to provide the City of Antioch. with a total number of 1, 776 officer hours ner �/ Microfilmad with board order fiscal year of animal control service. This service shall include at least one officer and one animal control equipped truck. Except for responding to emergency calls, the sole duty and. responsibility of the assigned animal control officer and his equipment in fulfilling the conditions of this clause shall be the enforcement ofh animal control rules and regulations strictly within the city limits of the City of Antioch. 2. The additional 1, 776 officer hours mentioned in Paragraph 1 above shall be .provided in accordance with one of the three optional schedules showin- in Attachment "B" , incorporated herein by reference. Option No.. 3 shall be the initial work schedule for the augmented animal control service. The City may select other options on Attachment "B" provided that no more than one option is selected per calendar quarter. In order to change working hours under this agreement, City must give County at least two weeks prior written notice of such change. Other work schedule arrangements can be instituted by the mutual agreement of the City and County. . The City reserves the right to request changes in personnel assignments. under this agreement should problems arise that cannot be corrected through the usual methods. County agrees to accommodate such requests to the extent possible. 3 . It is agreed by the County that the service of 11776 officer hours specified in this agreement is in addition to the normal service provided by the County in Field Areas 90 and 91. It is intended that this agreement be a supplementto those services and not a substitute for them. Normal animal control service now provided by the County includes five (5) day a week service within County animal control Field Areas 90 and 91 with one officer providing I 1 -2- service on Satur* and Sunday for all of Fio Areas 90 and 91; on County holidays one officer services all of County animal control Field Areas 90 , 91, 92, 93, . 94 , .95 and 96. 4 . County shall indemnify and save City free and harm- less of and from all claims, demands, losses and liability includ- ing legal fees to the extent the same is the result of an error, omission or negligent act by County or any person ..employed by County in .the fulfillment of this agreement. 5. This agreement and the basic animal control agreement (Attachment "A" ) constitute the sole and only agreements of the parties hereto relating to said animal control services. and correctly sets forth the rights, duties, and obligations of each to the other as. of their dates. Any prior agreements, promises, and negotiations or representations regarding animal control within the City of Antioch not expressly set forth in this agreement or that prior agreement above referenced are of no force or effect. " 6. In consideration of the augmented services detailed herein, the City agrees to pay County $16 .47 per hour up to a maxi- mum of 1, 776 hours per fiscal year. The City shall pay to the County, not later than thirty (30) days after the close of each quarter (commencing September 30, 1978) of the fiscal year, one-fourth of the estimated total cost of services (444 hours x current hourly rate) , to be provided during the fiscal year. Payment for the final quarter of each fiscal year shall be an adjusted amount based on .the ,total actual hours worked during the fiscal year but not to exceed the maximum of 1, 776 hours. After the close of the final quarter of each fiscal year, the Countv shall submit an invoice to the City detailing the total hours of service provided during the year and the total. amount due the County. -3 S ince ytTis .additional animal contro7lservice will not be commenced until approximately August 1, 1978, for the fiscal year 1978-79 only, City shall receive 1, 628 officer hours of animal control service from the County and shall be charged for this eleven (11) month service at a rate of $17.19 per hour. It is understood that the total payment for services by. City to County during fiscal year 78-79 includes an initial one time only one month training charge. for an animal control officer. Thereafter, there shall be no further initial training charges. . 7 . This agreement shall be binding upon and inur to the benefit of ,the parties hereto and their respective successors and assigns. -- 8 . This agreement shall become effective on March 8, 1978, but only if Measure "A" , an initiative measure to reinstitute dog pound services within the City of Antioch, scheduled for election on March 7, 1978, fails to receive a majority of votes within the city limits of the City of .Antioch. If said Measure "A" passes at the March 7, 1978 , election, then this agreement and all provisions herein shall become null and void, and be of no further force or effect. 9. In April of each year, excluding 1978 , .County has the option to request an increase in the hourly rate, based on increased costs in delivering the service, .said increased hourly rate to become effective for the ensuing fiscal year. Actual augmented service shall begin on or about August 1, 1978 . 10 . Time is hereby declared to. -be of the essence in this agreement and upon all terms , conditions, and obligations contained herein. -4- 11 . Th* agreement shall continue Ri. .full force and effect, subject to Paragraph 9 above, until terminated by either party by giving sixty (60) days ' written notice of intention to terminate to the other party. Within sixty (60) days after termination, County shall present City with a final billing for officer hours. 12 . Notices called for to be given under this agree- ment shall be effective if mailed postage prepaid to the parties at the following addresses: CITY OF ANTIOCH COUNTY OF CONTRA COSTA 212 "if" Street 651 Pine Street P. 0. Box 130 Martinez, California 94553 Antioch, California 94509 13. It is mutually understood by and between the parties and County expressly acknowledges that County is an independent contractor_, and that in no event 'shall the provisions of this agreement be construed to create the relationship of employer- employee between the City and the County. 14 . In the event that City decides to establish a toll- free line from the Antioch area to the County animal control facilities at sole expense of. City, County shall cooperate ' in the installation and establishment of said toll--free line. IN' WITNESS WHEREOF, this agreement is executed by the City of Antioch, acting by and through its Mayor pursuant to Resolution No. authorizing such execution, and by the County of Contra Costa, acting by and through its Board of Supervisors, pursuant to Board Order dated February 28 , 1978-. -5- City of Antioch Co �i 6ntra Costa By: By: XIl a Mayor C ai-7, an, Board o ,, upervisors Attest: Attest: J::'R.. Olssoin; , County Clerk By: By: City Clerk � Deputy Form approved . Form approved: County Counsel By: By DA\ELN C.PLYN?Z City Attorney Deputy _6- CITY-COUNTY ANIMAL CONTROL AGREEDIE,•«T 1_ Parties . Effective on October 1, 1976, the County of Contra Costa , a political subdivision of the State of California, hereinafter referred to as the "County" , and the City of Antioch, a municipal corporation in this County, hereinafter referred to as the "City" , mutually agree and promise as set forth here. 2 . Authority. Pursuant to California Agricultural Code Sections. 30501 and 30801, the County has enacted Sections 416-2. 002 through 416712 . 006 of its Ordinance Co.-'-- establishing Animal Control Centers and staff, and establish- ing requirements and procedures for dog control substantially . equivalent to those in Agricultural Code Sections 30801, 30802, 30003, 30804 , 30805, 309521 31105, 31107, 31108, 31251, 31252, and 31254 . Pursuant to said Section 30501, the provisions of these sections of the Agricultural Code and ofthe, Ordinance Code apply inside any City in this County whenever the governing body •of•the City requests, by ordinance, such application. The City has adopted, or will adopt before the effective date hereof, such an ordinance. This agreement effectuates said City and County ordinances and State statutes. 3 . Enforcement Duties and Personnel. The County shall enforce ' said Ordinance Code and Agricultural Code provisions within the City_ Pursuant to Agricultural Code Section 7, the City hereby designates and appoints the County ' s Animal Control Director and_ his staff as oublic officers of the. City for the purposes of this agreement and while enforcing and carrying . out its provisions.' 4 : Disposition of Fees and Fines. Pursuant to Agricultural Code Section 30652, all fees and fines collected lander either ordinance shall be paid into the County Treasury and shall be used to meet the cost of the services provided by' the animal control . program pursuant to law. 5 . Term. This agreement supersedes the similar agreement dated �yy� � and is effective until the County repeals its ordinance, or until the City repeals its said ordinance or amends it to delete the request for application therein of thlrse laws, or until either party gives the other 90 days advance written notice of termination. COL^JY ,� �, ) 1.:. 1, CITY _ By � � << Mayor Chairman, Board ot . upervis erne L. Roberts " ATTLST.: . J. R. OLSSON, County Clerk ATTEST: and ex officio Clerk of Board 77 By Deputy v"�J. ,"i ✓✓,_ 7' i�( CL�c�,(�• City Clerk,/ Dorothy, P. t^.:irks ADoroved as to form: JO_N B. CLAUSEN, County. Counsel By Deouty CountyCounsel Attachment "A" PROPOSED OPTIONS - ANTIOCH SCHEDULE Option No. 1 Monday Tuesday Wednesday Thursday Friday Saturday Sunday 8 a.m. 10 a.m. 7 a.m. 8 a.m. 6 p.in. 8 p.m. - 5 p.m. 6 p.m. - 10 hrs. 10 hrs. 10 hrs.. 10 hrs. Option No. 2 7 a.m. 10 a.m. 7 a.m. 8 a.m. 2 p.m. 3 p.m. 8 p.m. 3 p.m. 6 p.m. .6 p.m. - 8 hrs. 10 hrs. 8 hrs. 10 hrs. 4 hrs. Option No. 3 7 a.m. - 2 p.m. : 8 a.m. 10 a.m. 7 a.m. J P.M. 6. p.m. 6 p.m. 8 P.M. 3 p.m. 8 hrs. 4 hrs. 10 hrs. 10 hrs. 8 hrs . The above schedule is inclusive of all necessary travel time, training, and staff meetings related to the duties of animal control officers Attachment "B"