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HomeMy WebLinkAbout2003-274 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . RESOLUTION NO. 2003-274 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 GRAND TERRACE FROM NOVEMBER 1, 2003 THROUGH JUNE 30, 2006. WHEREAS, state law requires that all cities and counties provide rabies control programs that include an animal sheltering system; and, WHEREAS, the City of Grand Terrace 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 Grand Terrace for animal housing services, a copy of which is attached hereto and incorporated herein, marked as Exhibit "A". 2003-274 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 GRAND TERRACE FROM NOVEMBER 1, 2003 THROUGH JUNE 30, 2006. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t. regular meeting thereof, held on the 6th day of October Council Members: AYES ESTRADA X - LIEN-LONGVILLE X MCGINNIS X DERRY X SUAREZ X ANDERSON X MCCAMMACK X , 2003, by the following vote, to wit: NAYS ABSTAIN ABSENT ~~ ,h. ClIiJ'-..- Rac el G. Clark, City Clerk The foregoing resolution is hereby approved this 1f'f14 day of October ,2003. ~~O,tl-<~ Befty Dean Anderson, Mayor Pro Tern City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By:k ),/~ {/' I I: . 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO EXHIBIT A THIS AGREEMENT ("Agreement") is entered into this 151 day of November 2003, by and between the CITY OF SAN BERNARDINO, a municipal corporation (hereinafter "San Bernardino"), and the City of Grand Terrace, a municipal corporation (hereinafter "Grand Terrace"). WHEREAS, Grand Terrace desires to provide for its citizens an animal housing service; and WHEREAS, San Bernardino has an animal shelter and other facilities and resources that qualify it to provide animal housing services for Grand Terrace 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: 1. 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, Grand Terrace according to the provisions of this agreement. 2. 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 Grand Terrace, and all loose or stray dogs and cats brought to the San Bernardino Animal Shelter by anyone from within the incorporated area of Grand Terrace, San Bernardino shall, for and on behalf of Grand Terrace, 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 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 healthy wildlife, San Bernardino shall not provide for emergency veterinary care. Grand Terrace 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 Grand Terrace 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 Grand Terrace, Animals surrendered by the owner shall be held in accordance with state law. 2 I: 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 4. Warranty of Lawful Apprehension. Grand Terrace 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. Grand Terrace shall pay to San Bernardino, during the period November 1, 2003 through June 30, 2006, $30.00 for any canine (dog or puppy), and $19.00 for any feline (cat or kitten) impounded. A litter of unweaned puppies and kittens shall be charged as one animal and may be euthanized immediately upon impounding by mutual agreement of Grand Terrace and San Bernardino, Animals delivered by Grand Terrace that have been released by their owners in writing shall be charged at 50% of the per animal fee. Additionally, Grand Terrace shall pay for livestock and other animals delivered to San Bernardino under the terms of this agreement the following fees: DAILY BOARD AND CARE LARGE LIVESTOCK (Over 500 lbs) 12.50 (Horses, Mules, Donkeys, Cattle, etc) MEDIUM LIVESTOCK ( 25 to 500 1bs) 10.00 (Goats, Sheep, Pigs, etc,) OTHER SMALL ANIMALS 5.00 (Rodents, Rabbits, Chickens, Birds, etc) San Bernardino shall present an invoice on or before the tenth day of each month for the amount due. Grand Terrace shall pay said invoice not later than 3 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO the last day of the month in which billed. Grand Terrace shall pay an annual fee of $ 750.00 for dead animal disposal, which shall be billed to Grand Terrace in each July invoice, The dead animal disposal amount for the period November 1, 2003 through June 30, 2004 will be pro-rated at $500,00 and will be included in the first month's invoice, b. Grand Terrace 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 Grand Terrace fails to pay San Bernardino within thirty (30) days after the invoice is submitted, Grand Terrace agrees that San Bernardino shall have the right, after written notice to Grand Terrace, to consider such default in payment a material breach of this entire agreement. Grand Terrace shall have ten (10) days following the date of such written notice within which to correct such breach. If Grand Terrace 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 Grand Terrace from the obligation to pay San Bernardino for services rendered according to Section 5(a) above, d. Grand Terrace may withhold payment of any disputed sums until satisfaction ofthe dispute with respect to such payment. Grand Terrace must give written notice to San Bernardino within ten (10) days of the date of the disputed invoice if Grand Terrace is disputing any sum under sub-paragraph 5(b). Such withholdings shall not be deemed to constitute a failure to pay as that 4 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 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 app,eal to the Mayor and City Council of Grand Terrace with respect to such disputed sums. The determination of the Mayor and City Council of Grand Terrace 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. Voluntary Disposal. San Bernardino is authorized to accept a dog, cat or other animal from its owner residing within the incorporated area of Grand Terrace. In such cases, no charge shall be made against Grand Terrace for its disposal. San Bernardino may charge the owner a fee for such services. 7. Deputization, San Bernardino animal control officers, agents or employees shall be authorized to collect Grand Terrace's license, apprehension, and related penalty fees at the Animal Shelter, as directed by Grand Terrace, for all animals received under this agreement. Grand Terrace 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 Grand Terrace, 8. 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 turn-in, adoption, micro- chipping, daily board 5 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO fees and vaccination fees shall be retained by San Bernardino, All other monies collected by San Bernardino for Grand Terrace in connection with this agreement shall be paid to Grand Terrace on or before the twentieth day of each month following collection. 9. Term. This agreement shall become effective November 1, 2003 and end June 30, 2006, 10. Indemnification, Grand Terrace 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 the negligence or willful misconduct of San Bernardino, its officers, elected officials, employees or agents. Said sums shall include, in the event oflegal action, court costs, expenses oflitigation, 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 ofthis paragraph, 11. 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, 6 2003-27 4 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 12. Cooperation, Grand Terrace agrees to cooperate in good faith with San Bernardino in San Bernardino's performance of duties under this Agreement. ]3, Warranty. San Bernardino makes no warranty, either express or implied, as to its findings, recommendations, plans, reports, professional advice or other work. 14. 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 Grand Terrace. 15. 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 Grand Terrace. 16. 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, \\\ \\\ 7 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 17, 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: Grand Terrace San Bernardino Assistant City Manager City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 (909) 430-2226 Director of Animal Control City of San Bernardino 333 Chandler Place San Bernardino, CA 92408 (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, Understandings, 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 this Agreement shall be considered as "attorney fees" for the purpose ofthis paragraph, 20. Entire Agreement. This contract constitutes the entire Agreement between Grand Terrace and San Bernardino and may be modified only by further written agreement between the parties through their respective authorized bodies. 8 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 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. 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, Grand Terrace A Municipal Corporation City of San Bernardino A Municipal Corporation By: B]'d"€,.-j'... CJt?. Betty Dean Anderson, Mayor Pro Tern Attest: Attest: ~0/A Vf!Z~/',fl City Clerk Q~<kt h. ~)~ CitY-Clerk Approved as to form and legal content: City Attorney City Attorney Bdn~,d~j~ ,4.- 9