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HomeMy WebLinkAbout2004-2431 2 3 4 5 6 7 8 9 111 12 13 14 15 16 17 18 19 20 21 22 071 RESOLUTION NO. 2004-243 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN ANIMAL HOUSING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF COLTON FROM JULY 1, 2004 THROUGH JUNE 30, 2007. WHEREAS, state law requires that all cities and counties provide rabies control programs that include an animal shelter system; and WHEREAS, the CITY OF COLTON desires to be in compliance with state and local laws in the provision of an animal sheltering system; and, WHEREAS, the CITY OF SAN BERNARDINO possesses the qualified personnel and facilities to perform such services and carry out such programs; and, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The MAYOR of the CITY OF SAN BERNARDINO is hereby authorized and directed to execute on behalf of the CITY OF SAN BERNARDINO an Agreement for Services with the City of Colton for Animal Housing Services, a copy of which is attached hereto and incorporated herein, marked as Exhibit "A". 2004-243 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN ANIMAL HOUSING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF COLTON FROM JULY 1, 2004 THROUGH NNE 30, 2007. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a it. regular meeting thereof, held on the 2nd day of August , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x KELLEY x MCCAMMACK x Ra el G. Clark, City Clerk The foregoing resolution is hereby approved this .S day Au ust 12004. i Susan Longville, Mayor Pro Tem City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney V 2004-243 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO EXHIBIT A THIS AGREEMENT ("Agreement") is entered into this I" day of July 2004, by and between the CITY OF SAN BERNARDINO, a municipal corporation (hereinafter "San Bernardino'), and the City of Colton, a municipal corporation (hereinafter "Colton"). and WHEREAS, Colton desires to provide for its citizens an animal housing service; WHEREAS, San Bernardino has an animal shelter and other facilities and resources that qualify it to provide animal housing services for Colton for handling the impounding and disposal of animals; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS, AND CONDITIONS CONTAINED HEREIN, THE PARTIES MUTUALLY AGREE THAT: Scope of Services. San Bernardino will impound, care for and dispose of animals delivered to the San Bernardino Animal Shelter by residents of, or official representatives of, Colton according to the provisions of this agreement. Impounding and Disposal of Animals. San Bernardino shall, through its Animal Control Department, accept, impound and dispose of dogs, cats or other animals, which are delivered to the San Bernardino Animal Shelter by an agent, officer, or employee of Colton, and all loose or stray dogs and cats brought to the San Bernardino Animal Shelter by anyone from within the incorporated area of 2004-243 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO Colton. San Bernardino shall, for and on behalf of Colton, pursuant to applicable laws, release to owner, adopt, humanely destroy, or otherwise dispose of all animals received. No domesticated animal shall be disposed of without an attempt to notify the owner, if the owner is known by San Bernardino. San Bernardino is not obligated to accept or dispose of wildlife. San Bernardino shall not provide for emergency veterinary care. Colton is responsible for transporting and seeking appropriate emergency treatment for ill and/or injured animals. 3. Holding Periods. No healthy stray dog, stray cat, or other stray domesticated animal shall be disposed before the time allotted for under state law unless the owner of the animal gives written authorization for earlier disposal. After the required holding period, the animal becomes the property of San Bernardino and San Bernardino is authorized to dispose of the animal in any manner permitted by law, including City of San Bernardino ordinances. Animals requested by Colton to be held longer than required by law, other than rabies quarantine, shall additionally be charged by the prevailing Daily Board Fee, as set by City of San Bernardino Resolution (such instances shall include, but are not limited to: animals held as "evidence" in cruelty or other court cases). Rabies quarantined animals will be held for ten (10) days from the date of the bite with no additional charge to Colton. Animals surrendered by the owner shall be held in accordance with state law. 2004-243 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO 4. Warranty of Lawful Apprehension. Colton warrants to San Bernardino that all animals impounded by its agents, employees or other authorized representatives have been apprehended and impounded pursuant to existing laws. 5. Consideration. a. Colton shall pay to San Bernardino $30.00 for every canine (dog or puppy), $19.00 for every feline (cat or kitten) impounded and $10.00 for every other animal. A litter of unweaned puppies and kittens, or other unweaned animals shall be charged as one animal and may be euthanized immediately upon impounding by mutual agreement of Colton and San Bernardino. Animals delivered by Colton that have been released by their owner shall be charged at. 50% of the per animal fee. Additionally, Colton shall pay for livestock and other animals delivered to San Bernardino under the terms of this agreement the following fees: DAILY BOARD AND/OR CARE LARGE LIVESTOCK (Over 500 lbs) 12.50 per day (Horses, Mules, Donkeys, Cattle, etc) MEDIUM LIVESTOCK ( under 500 lbs) 10.00 per day (Goats, Sheep, Pigs, etc.) SMALL ANIMALS (Rabbits, chickens, birds, reptiles, etc.) 5.00 each 2004-243 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO San Bernardino shall present an invoice on or before the tenth day of each month for the amount due. Colton shall pay said invoice not later than the last day of the month in which billed. Colton shall pay an annual fee of $2100 for dead animal disposal, which shall be billed to Colton in each July invoice. b. Colton shall promptly review invoices and notify San Bernardino of any objection thereto; absent such objection in writing within ten (10) days of the date of the invoice, the invoice shall be deemed proper and acceptable. c. If Colton fails to pay San Bernardino within thirty (30) days after the invoice is submitted, Colton agrees that San Bernardino shall have the right, after written notice to Colton, to consider such default in payment a material breach of this entire agreement. Colton shall have ten (10) days following the date of such written notice within which to correct such breach. If Colton continues to fail to make payment, the duties, obligations and responsibilities of San Bernardino under this agreement are terminated. Such termination by San Bernardino does not release Colton from the obligation to pay San Bernardino for services rendered according to Section 5(a) above. d. Colton may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Colton must give written notice to San Bernardino within ten (10) days of the date of the disputed invoice if Colton is 2004-243 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO disputing any sum under sub -paragraph 5(b). Such withholdings shall not be deemed to constitute a failure to pay as that term is used in sub -paragraph 5(c). San Bernardino shall not discontinue its service for a period of thirty (30) days from the date of the withholdings, as a result of such withholding. San Bernardino shall have the right of appeal to the Mayor and City Council of Colton with respect to such disputed sums. The determination of the Mayor and City Council of Colton with respect to such matter shall be final. San Bernardino shall be entitled to receive interest on any withheld sums at the rate of seven percent (7%) simple per annum from the date of withholding of any amounts found to be improperly withheld. For any disputed sum, either party may attempt to collect a debt through a civil proceeding. 6. Denutization. San Bernardino animal control officers, agents or employees shall be authorized to collect Colton's license, apprehension, and related penalty fees at the Animal Shelter, as directed by Colton, for all animals received under this agreement. Colton will furnish such license forms and receipt books as may be deemed necessary. San Bernardino shall provide all animal impound records and release forms to Colton. 7. Funds Collected by San Bernardino. Rabies vaccination deposits shall be retained by San Bernardino, and shall be refunded to the depositor upon presentation of proof of vaccination. Fees for voluntary owner tum-in, adoption, micro- chipping, daily board 2004-243 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO fees and vaccination fees shall be retained by San Bernardino. All other monies collected by San Bernardino for Colton in connection with this agreement shall be paid to Colton on or before the twentieth day of each month following collection. 8. Term. This agreement shall become effective July 1, 2004 and end June 30, 2007. 9. Indemnification. Colton agrees and promises to indemnify, defend and hold harmless San Bernardino, its officers, elected officials, employees and agents, from and against all actions, causes of action, claims, demands, lawsuits, costs and expenses, and liability for damages to persons or property that may be asserted or claimed by any persons, firms, entity, corporation, political subdivision, or other organizations arising out of, or in connection with, the performance of this Agreement, excluding such actions, claims, demands, lawsuits, and liability for damages to persons or property arising from willful misconduct of San Bernardino, its officers, elected officials, employees or agents. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees. The costs, salary, and expenses of the San Bernardino City Attorney and members of his or her office in enforcing this Agreement on behalf of San Bernardino shall be considered as "attorney's fees" for the purposes of this paragraph. 10. Termination. This Agreement may be terminated by either party upon 90 days written notice. In the event of termination, San Bernardino shall be paid for the work performed under this agreement to the date of termination. 2004-243 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO 11. Cooperation. Colton agrees to cooperate in good faith with San Bernardino in San Bernardino's performance of duties under this Agreement. 12. Warranty. San Bernardino makes no warranty, either express or implied, as to its findings, recommendations, plans, reports, professional advice or other work. 13. Independent Contractor. San Bernardino shall be an independent contractor and not an employee, nor shall any of San Bernardino's employees, agents or subcontractors operating under this Agreement be an employee of Colton. 14. Conflict of Interest. a. San Bernardino or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interest. b. San Bernardino shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by Colton. 2004-243 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO 15. Invalidation. In the event any provision of this Agreement is held to be invalid and unenforceable, the remaining provisions of this Agreement shall remain valid and binding on the parties thereto. 16. Notices. A notice required or desired to be given pursuant to this Agreement shall be given in writing and sent by certified mail, return receipt requested, addressed as follows: Colton San Bernardino Assistant City Manager Director of Animal Control City of Colton City of San Bernardino 22795 Barton Road 333 Chandler Place Colton, CA 9,23- 13 " ' ' San Bernardino, CA 92408 (909) 4')0-222fi c, - (909) 384-5275 Any notice so given shall be considered served on the other party three (3) days after the date of mailing. The address for the notice may be changed by giving written notice of such change pursuant to this paragraph. 18. Understandines. There are no understandings or agreements except as expressly stated herein. 19. Attorney Fees. In any litigation relating to this Agreement, the prevailing party shall be entitled to reasonable attorney fees. The costs, salary and expenses of any in- house counsel and/or the City Attorney and members of his/her office in enforcing 8 2004-243 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO this Agreement shall be considered as "attorney fees" for the purpose of this paragraph. 20. Entire Agreement. This contract constitutes the entire Agreement between Colton and San Bernardino and may be modified only by further written agreement between the parties through their respective authorized bodies. 21. Construction of Provisions and Titles. All titles or subtitles appearing in this Agreement have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions of such Agreement. 0 2004-243 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO IN WITNESS WHEREOF, the parties have accepted, made and executed this Agreement upon the terms, conditions and provisions above set, on the date first herein above written. Colton A Municipal Corporation Lee Ann Garcia, Mayor Attest: City Clerk City of San Bernardino A Muni�jpal Corporation �irc-Q-L�� Susan Longville, Mayor Pro Tem Attest: City Jerk Approved as to form and legal content: City Attorney City Attorney John Harper By: I- mes F. Penman m