HomeMy WebLinkAbout2002-056
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RESOLUTION NO. 2002-56
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF A CONTRACT FOR
SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF
FONTANA FOR FULL SERVICE ANIMAL CONTROL
WHEREAS, state law requires that all cities and counties provide rabies control
programs that include an animal shelter system, animal bite reporting and investigations, stray
animal control, animal rabies case investigations, quarantine of biting dogs and cats, quarantine
of domestic animals potentially exposed to rabies, and other activities for the purpose of
carrying out and enforcing the provisions of the California Rabies Control Program; and,
WHEREAS, the City of Fontana desires to be in compliance with state and local laws
in the provision of a rabies control program; and,
WHEREAS, the CITY OF SAN BERNARDINO possesses the qualified personnel and
facilities to perform such services and carry out such programs;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the MAYOR of the CITY OF SAN BERNARDINO is hereby
authorized and directed to execute on behalf of the CITY OF SAN BERNARDINO a certain
Services Agreement with the CITY OF FONT ANA, a copy of which is attached hereto and
incorporated herein by reference as Exhibit "A".
SECTION 2. The authorization to execute the above referenced Agreement is
rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage
of this Resolution.
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2002-56
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF A CONTRACT FOR
SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF
FONTANA FOR FULL SERVICE ANIMAL CONTROL
I HEREBY CERTIFY that the forgoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held
7 on the 19th day of Februar:,; 2002 by the following vote, to wit:
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COUNCIL MEMBERS: AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
LIEN
x
MCGINNIS
x
SCHNETZ
~
SUAREZ
x
0;
ANDERSON
x
MCCAMMACK
x
Jd~ "tntdbnaJ; fup~tu
City Clerk . a
The foregoing resolution is hereby approved this ;;Cr(l,J
2002. ~
day of February ,
Approved as to
form and legal content:
~. /'
.... (./ t C,_
J_U#. / h Valles, Mayo~
Y)'rY of San Bernardmo
oj
JAMES F. PENMAN,
City Attorney
BY:~'1I'A 1. p~
U
,.
2002-56
Animal Control Services Agreement
Between the City of Fontana
and
the City of San Bernardino
THIS AGREEMENT ("Agreement") is made this 1st day of February 2002, between the City
of Fontana, a municipal corporation (hereinafter "Fontana") and the City of San Bernardino, a
municipal corporation (hereinafter "San Bernardino"). Fontana and San Bernardino are herein
referred to individually as a "Party" and collectively as the "Parties."
WHEREAS, Fontana desires to provide for a citywide Animal Care and Control Program;
and,
WHEREAS, San Bernardino has the knowledge, skills, resources, and experience that qualify
it to conduct a citywide Animal Care and Control Program for Fontana;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS, AND CONDITIONS CONTAINED HEREIN, THE PARTIES MUTUALLY
AGREE THAT:
1. Scope of Services.
(a) San Bernardino will perform certain services as described in Exhibit 1,
which, by this reference, is incorporated herein.
(b) Fontana, with the express written consent of San Bernardino, may modify the
Scope of Work to be performed under this agreement.
(c) Any services not included in Exhibit 1 shall constitute extra work. The price to be
paid by Fontana for any work performed pursuant to a modification of this
Agreement or for extra work shall be agreed upon by Fontana and San Bernardino,
in writing, at the time of such modification. San Bernardino shall perform no work
as a modification or extra work until an agreement for such extra work or
modification, including the price, has been executed by San Bernardino and Fontana
and approved by the authorized representatives for the respective cities.
2. Consideration.
(a) Fontana agrees to compensate San Bernardino for services and work products as
defined in Exhibit 1, Scope of Services, in the amount of $294, 146.34 for the 1st
fiscal year period February 1,2002 through June 30, 2002; and, for the 2nd fiscal
year period July I, 2002 through June 30, 2003, in the amount of $571 ,983.00; and,
for the 3rd fiscal year period of July 1,2003, through June 30, 2004, in the amount
2002-56
,.
Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
of$571,983.00; excluding additional overtime as set forth in Section 7(c) of Exhibit
1 in any given fiscal period.
(b) Fontana shall not be required to pay any amounts in excess of the sums in
section 2(a) or 2(c), whether for copying costs, incidental, direct or indirect costs or
any type incurred by San Bernardino. This section shall not limit the ability of the
Parties to amend this Agreement to provide for extra work in the manner set forth in
Paragraphs l(b) and l(c).
(c) San Bernardino shall submit invoices to Fontana on a monthly basis for the period
February 1,2002, to June 30, 2002, in the amount of$58,829.27, plus any Additional
Overtime Calls, as defined in Section 7( c) of Exhibit 1 that may have occurred
during the month.
San Bernardino shall submit invoices to Fontana on a monthly basis for the period
July 1, 2002, through June 30, 2003, in the amount of $47,665.25, plus any
Additional Overtime Calls, as defined in Section 7(c) of Exhibit 1 that may have
occurred during the month.
San Bernardino shall submit invoices to Fontana on a monthly basis for the period
July I, 2003, through June 30, 2004, in the amount of $47,665.25, plus any
Additional Overtime Calls, as defined in Section 7( c) of Exhibit 1 that may have
occurred during the month.
The total cost shall not exceed the above-referenced amounts unless Fontana requests
additional work, in writing, and San Bernardino agrees through its authorized body.
(d) Fontana 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.
(e) If Fontana fails to pay San Bernardino within thirty (30) working days after the
invoices are submitted, Fontana agrees that San Bernardino shall have the right, after
written notice to Fontana, to consider such default in payment a material breach of
this entire Agreement. Fontana shall have ten (10) days following the date of such
written notice within which to correct such breach. If Fontana 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
Fontana from the obligation to pay San Bernardino for services rendered according
to Sections 2(a) and 2(c), above.
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2002-56
Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
(1) Fontana may withhold payment of any disputed swns until satisfaction of the dispute
with respect to such payment. Fontana must give written notice to San Bernardino
within ten (10) days of the date on the disputed invoice if Fontana is disputing any
sum pursuant to sub-paragraph 2( d). Such withholding shall not be deemed to
constitute a failure to pay as that term is used in sub-paragraph 2( e). San Bernardino
shall not discontinue its work for a period of thirty (30) days from the date of the
withholding, as a result of such withholding. San Bernardino shall have the right of
appeal to the Mayor and City Council of Fontana with respect to such disputed sums.
The determination of the Mayor and City Council of Fontana 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.
3. Personnel.
San Bernardino represents that it possesses the professional and technical personnel required
to perform the services required by this Agreement. San Bernardino shall not subcontract
for any additional personnel without prior written approval of Fontana.
4 Personnel Substitutions.
All services described in Exhibit 1 shall be performed by San Bernardino or under its
supervision. San Bernardino agrees that all personnel engaged in performing the services
are fully qualified and are authorized or permitted under state and local law to perform such
servIces.
5. Termination.
(a) If either Party fails to perform any duties or obligations imposed by this Agreement
and said failure continues for sixty (60) days after written notification by the other,
then this Agreement will be in total breach and the non-breaching party may
terminate this Agreement immediately thereafter.
(b) Either Party at any time may terminate this Agreement without cause upon the giving
of ninety (90) days prior written notice to the other party of such intent to terminate.
Either Party must give at least ninety (90) days prior written notice of intent not to
renew the Agreement. In such event, San Bernardino shall be paid for the work
performed under the Agreement to date of termination.
(c) San Bernardino further covenants to give its good faith cooperation in the transfer of
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2002-56
Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
the work to any other consultant or service provider employed by Fontana following
termination hereunder and to participate in such reasonable number of meetings at
no cost to Fontana as shall be deemed necessary by Fontana to effectively accomplish
such transfer.
6. Cooperation.
Fontana agrees to cooperate in good faith with San Bernardino III San Bernardino's
performance of duties under this Agreement.
7. Fontana's Responsibilities.
Fontana shall furnish to San Bernardino all maps, existing studies, ordinances, data and other
existing information and materials in Fontana's possession as shall be determined necessary
by San Bernardino for it to complete the work contemplated by this Agreement. Fontana
agrees to provide all such materials in a timely manner so as not to cause delays in San
Bernardino's work schedule. All materials and equipment purchased for or provided to San
Bernardino by Fontana shall remain the property of Fontana and shall be returned within ten
(10) days of Fontana's written request to San Bernardino.
8. Fontana's Indemnification.
Fontana agrees and promises to indemnifY, defend, and hold harmless San Bernardino, its
officers, employees and agents, from and against any and 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 person, firm, 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, employees or agents. Said sums shall include, in the event of legal 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 of this paragraph.
9. San Bernardino's Indemnification.
San Bernardino agrees and promises to indemnify, defend, and hold harmless Fontana, its
officers, employees and agents, from and against any and 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 person, firm, entity, corporation, political subdivision, or
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2002-56
Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
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 Fontana, its officers,
employees or agents.
10. Warranty.
San Bernardino makes no warranty, either express or implied, as to its findings,
recommendations, plans, reports, professional advice or other work except that the work will
be performed in accordance with generally accepted standards of practice in effect at the time
of such performance.
11. Worker's Compensation Insurance.
San Bernardino is permissibly self-insured under the Worker's Compensation laws of the
State of California and will provide worker's compensation coverage for its employees and
will ensure that the employees of any of its subcontractors are covered by worker's
compensation insurance in an amount and form to meet all applicable requirements of the
laws of the State of California. Fontana shall not provide worker's compensation insurance
for any San Bernardino employee, agent or subcontractor operating under the terms of this
Agreement under any circumstances whatsoever. Furthermore, notwithstanding any other
provision set forth herein, Fontana shall not indemnify, defend or hold harmless San
Bernardino, its officers, employees, agents or subcontractors for worker's compensation
claims.
12. Prohibition Against Transfers.
San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any
interest therein directly or indirectly, by operation of law or otherwise without the prior
written consent of Fontana. Any attempt to do so without said consent shall be null and void,
and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by
reason of such attempted assignment, sublease, hypothecation or transfer.
13. Anti-Discrimination.
San Bernardino certifies and agrees that all persons employed by San Bernardino are and will
be treated equally by San Bernardino without regard to or because of race, religion, ancestry,
national origin, handicap, or sex and in compliance with State and Federal Anti-
Discrimination laws.
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2002-56
Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
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 Fontana.
IS. Conflict ofInterest.
(a) San Bernardino or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act"), which (I) 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
Fontana.
16. Term.
The term of this Agfe~ment shall be for five (5) months, commencing on February 1,2002,
and terminating on June 30, 2002. This Agreement shall automatically renew for an
additional two (2) years if renegotiations are not required. Such renewal shall be for the
period of July I, 2002 through June 30, 2004 for the amounts stated in Section 2(a) and 2( c)
of this document. Both Parties shall have the right to renegotiations. Any requests to
renegotiate the automatic renewal terms, or other terms, of this Agreement shall be made in
writing before March 31, 2002 by the requesting Party. A ninety (90) day period, beginning
April 1,2002, will hold all monthly payment amounts due to the June 1,2002 invoice
amount while a new Agreement is negotiated or a termination of the Agreement is agreed
upon. Ifno Agreement is made within the ninety (90) day period for negotiation, then both
Parties may agree to continue the Agreement under the original terms or proceed with
termination procedures as outlined in Section 5 of this Agreement.
This agreement will terminate June 30, 2004. If a new Agreement has not been negotiated
prior to the termination date, then San Bernardino may continue to provide the terms of
service in this Agreement for the monthly contract amount of the June 2004 invoice, plus
five percent (5%), for each additional month until a new Agreement is established.
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2002-56
Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
17. Invalidation.
In the event any provision of this Agreement is held to be invalid and unenforceable, the
remaining provisions ofthis Agreement shall remain valid and binding on the Parties thereto.
18. 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:
Fontana
Community Improvement Manger
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-7618
San Bernardino
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.
19. Understanding.
There are no understandings or agreements except as expressly stated herein and in Exhibit
1, incorporated by reference.
20. 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 of this paragraph.
21. Entire Agreement.
This contract constitutes the entire Agreement between Fontana and San Bernardino and may
be modified only by further written agreement between the Parties through their respective
authorized bodies.
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2002-56
Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
22. Construction of Provisions and Titles.
All titles or subtitles appearing in this Agreement have been inserted for convenience and
shall not be deemed to atTect the meaning or construction of any of the terms or provisions
of such Agreement.
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2002-56
Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
IN WITNESS WHEREOF, the Parties hereto have accepted, made and executed this
Agreement upon the terms, conditions and provisions above stated, on the day and year set
forth above.
CITY OF FONTANA
A Municipal Corporation
CITY OF SAN BERNARDINO
A Municipf-Yorporation
By: 1
David R. Eshleman
Mayor
By:
Attest:
Jtidi Valles
/tvIa or
(/
Attesh/
,r; t'
'/ .-'
~. ); J4<:~ ',<-J!LA:~pt-1.
City Clerk
..0tuwv,Jvf1ud.inev ~WlJ-;t; J
City Clerk /-ro-
Approved as to Form and
Legal Content:
~~~
,;- Clark Alsop
Approved as to Form and
Legal Content:
ck::: 7- p~
mes F. Penman
City Attorney
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2002-56
EXHIBIT 1
City of Fontana
Scope of Services for
Animal Care and Control Program
I. Municipal Code
The City of San Bernardino ("San Bernardino") will provide a comprehensive Animal Care
and Control Program for the City of Fontana ("Fontana") under the provisions of the
Municipal Code of the City of Fontana which prescribes procedures and standards for
licensing, impounding, regulation and control of dogs, cats and other domestic and wild
animals. San Bernardino Animal Control Division and its officers have the authority to
enforce those codes relating to all matters of animal control contained in the Municipal Code
of the City of Fontana, including codes contained in the supplemental documents to the
Municipal Code of the City of Fontana entitled "Zoning and Development Code ", Further,
Fontana will consult with San Bernardino on any proposed new ordinance or amendments
regarding animal control matters.
2. Term
The term of the Agreement shall be February I, 2002, through June 30, 2002. This
Agreement will automatically renew for the period of July I, 2002 through June 30, 2004,
unless either contracting Party decides to renegotiate the terms of this Agreement. Either
party, prior to March 31, 2002, shall give the other written notice if renegotiations are
desired.
3. Impound. Care and Disposal of Dogs and other Domestic and Wild Animals
San Bemardino will operate an Animal Care and Control Program for Fontana consisting of
the following activities: field services, shelter services, and licensing. In the conduct of this
program, San Bernardino will perform the following specific functions:
(a) Enforce all provisions of Fontana Ordinances pertaining to animals, including issuing
warning notices or citations as necessary. Citations may be processed by San
Bernardino and San Bernardino will retain all citation revenues under this system.
San Bernardino may also file citations issued in Fontana directly with the Court in
Fontana. The City Attorney for Fontana will appear in court, as necessary, on animal
related cases.
(b) The Fontana City Attorney will process any legal action requiring the filing of "long
form complaints". San Bernardino will provide any and all information necessary
to file the complaint to the Fontana City Attorney.
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2002-56
EXHIBIT I:
City of Fontana
Scope of Services for
Animal Care and Control Program
(c) In matters where animal control personnel must contact the City Attorney for
Fontana the Director of Animal Control or designee will first clear the contact with
the Fontana Community Improvement Program Manager.
(d) Impound all animals caught at-large and collect all impound fees assessed.
(e) Remove dead animals from the public right-of-way, except interstate freeways.
(f) Respond to requests for assistance in the trapping and removal of stray domestic
animals from public or private property during normal operating hours. San
Bernardino will offer advice in setting a trap in any enclosed space and will remove
wild animals (not including rodents or insects) caught in a trap or found inside any
human dwelling. Animal Control employees shall not be required to move
belongings or maintain on-premise surveillance unless in the opinion of the Director
of Animal Control or designee there is a direct, clear and present danger to human
life. San Bernardino will provide dog traps, but no other animal traps. San
Bernardino will not provide rodent control or insect control.
(g) Investigate reported animal bites and quarantine, as prescribed by law, all biting
animals and animals suspected to be rabid. San Bernardino shall take appropriate
steps consistent with the circumstances of each separate incident to locate and
impound the suspect animal or animals and/or assist the complainant and/or injured
party or parties to trap the suspected animal or animals.
(h) Provide euthanasia services as required for animals held the state mandated legal
holding period if these animals are not reclaimed by their owners and are deemed
unsuitable or unavailable, by San Bernardino, for adoption. All impounded animals
will be scanned for microchips. Animals with identification, licenses or microchips
will be held up to ten (10) days and attempts will be made to contact the owner. At
no time will animals be sold for research programs.
(i) Respond to every call for service either by animal control otlicer, letter, or phone.
(j) Cats: San Bernardino will not be required to respond to calls of cats running at-large.
Confined stray cats or trapped cats shall be picked up on request. Traps for the
purpose of capturing cats shall be made available to the residents of Fontana by the
City of Fontana. The traps shall be stored and maintained by Fontana at an
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2002-56
EXHIBIT I:
City of Fontana
Scope of Services for
Animal Care and Control Program
appropriate location for residents' use. All traps for the purpose of animal control
shall be of a specific model as approved by the San Bernardino Director of Animal
Control. Unless exceptional circumstances exist, residents of Fontana shall be
responsible for obtaining, monitoring and returning all traps used for this purpose.
(k) All animal control services available to San Bernardino residents for which there is
a fee shall be made available to Fontana residents for the same fee.
(I) Fontana residents may bring stray, un-owned animals to the San Bernardino shelter
at no charge to the resident.
4. Dog Licensing Program
San Bernardino will sell dog licenses to Fontana residents. Licenses may be purchased at
the shelter, Fontana City Hall, or through the mail. Fontana residents redeeming their dog(s)
will be required to purchase a license prior to the dog's release. San Bernardino will conduct
low cost rabies vaccination clinics in Fontana twice annually. Two part-time license
canvassers will be assigned to work in the City of Fontana to secure compliance with
Fontana dog license laws. Excluding holidays, the license canvassers shall be assigned to
work in Fontana Tuesday through Friday each week. All licensing revenue generated by
Fontana residents will be remitted to Fontana.
5. Animal Care Education and Information Program
San Bernardino will provide public educational/information programs to Fontana schools,
City employee groups, service groups, and other organizations, upon reasonable request.
6. Veterinary Services Prolilram
San Bernardino will provide private veterinary services for the care of injured and sick
animals that are impounded. The costs of this service will be included in the contract price.
7. Staffinlil Level and Hours of Service
(a) Field Services
San Bernardino will provide field services for Fontana seven (7) days per week.
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2002-56
EXHIBIT 1:
City of Fontana
Scope of Services for
Animal Care and Control Program
Routine services will be performed daily 8:15 a.m. to 5: 15 p.m., with the exception
of Christmas Day when an animal control officer will be placed on-call. San
Bernardino will provide emergency call out daily from 5:15 p.m. to 8:15 a.m.
Fontana will supply a minimum of three (3) hand-held radios and chargers to be kept
at the San Bernardino Animal Shelter for Sunday and holiday dispatch and emergency
contact. Fontana Police Dispatch and Code Enforcement may contact animal control
field personnel via these radios, on these days, for service.
San Bernardino will provide three (3) animal control officers available to respond to
calls for service in Fontana Monday through Friday, and one (1) on Saturday,
Sundays and holidays. This does not include after-hours emergencies relating to
emergency call outs, but may include time off for vacation, sick leave and holidays.
Calls to be considered routine and to be handled within a 24-hour time frame include:
. Confined stray animals;
. Dead animals;
. Stray dogs running at-large;
. Humane investigations;
. Low risk bite case quarantine;
. Rabies quarantine release;
. Trapped cats;
· Wildlife in human dwellings (not including rodents or insects);
. Miscellaneous calls such as pet shop investigations, sanitation complaints,
license checks, for-free pick-ups, courtesy pick-ups, etc.
(b) Shelter Hours and Telephone Line:
The San Bernardino shelter shall be open to the public Monday, Wednesday,
Thursday, Friday, 10:00 a.m. to 5:00 p.m., Tuesday 10:00 a.m. to 7:00 p.m. and
Saturday from 10:00 a.m. to 4:30 p.m. The shelter will be closed on Sundays and
holidays. The phone lines will be answered twenty-four hours a day.
(c) Emergency After Hours Procedures/Overtime
(1) Limit on Overtime Calls. Overtime, due to emergency calls from Fontana, will
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:
2002-56
EXHIBIT I:
City of Fontana
Scope of Services for
Animal Care and Control Program
be limited to 250 hours per fiscal year ("Limit"). "Overtime call(s)" are defined as
any call made after regular shelter hours as described in Section 7 in this Exhibit.
(2) Additional Overtime Calls.
(A) Hourlv Rate. If, and when, the Limit has been exceeded, overtime calls
will be billed on a call-by-call basis at a rate of $42.85 per hour, and will be
included in the monthly invoice submitted for payment as identified in Section
2(c) of the Animal Control Services Agreement ("Additional Overtime
Calls").
(8) Actual Time Worked. Hourly billing rates will be paid based upon actual
time worked by the responding animal control officer. "Actual time worked"
is defined as the time from which the animal control officer is contacted by
phone or pager to the time the officer appropriately disposes of the call.
(C) Maximum Hours. Unless exceptional circumstances warrant, any
Additional Overtime Call shall be paid for a maximum of two (2) hours per
cali. If an Additional Overtime Call should exceed the two (2) hour
maximum, the Field Services Division Captain shall be contacted the next
regular business day by the Director of Animal Control or designee and a
determination made whether the call warranted more than two (2) hours. If
it is determined that the call did not warrant more than two (2) hours, then the
maximum rule for payment of two (2) hours will be applied. Fontana
will not be responsible for paying any Additional Overtime Calls unless
initiated by Fontana Police.
(3) Procedures for Overtime Emergency Calls. Procedures for Overtime Emergency
Calls are as follows: The reporting party (RP) will contact the Fontana Police
Department. If the dispatcher deems the call an emergency (see criteria below) the
dispatcher will page the on-call animal control officer (ACO). The ACO will contact
Fontana Police, obtain the RP's name and phone nwnber, and follow-up with the RP
for additional information. The dispatcher will advise the RP to remain by a phone
for contact by the ACO. Unless requested by Fontana, it will not be necessary for the
ACO to notifY the dispatcher of the disposition of the call. If the emergency response
is an agency assist request by Fontana Police, the ACO will automatically respond.
The ACO will maintain radio contact with Fontana Police Department using
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:
2002-56
EXHIBIT 1:
City of Fontana
Scope of Services for
Animal Care and Control Program
Fontana radios. San Bernardino will provide a monthly listing of on-call animal
control personnel. San Bernardino will provide personnel to train Fontana dispatchers
in on-call procedures, as requested.
Ememencv Call-Out Types
Injured stray animals
Sick stray animals
Agency assists
Stray vicious dog (after verification by on-duty Fontana Police officer)
Loose livestock if it is a threat to public safety
Wildlife threatening public safety
Emergency Calls will be handled within thirty (30) minutes of receipt by San
Bernardino when practicable. If the dispatcher determines that the call does not meet
emergency call out criteria, the RP will be instructed to contact Animal Control
during regular business hours. San Bernardino personnel will not respond on an
emergency basis to loose animals, dead animals, wildlife outside, confined strays, and
owned sick or injured animals.
8. Inspection
Designated personnel from Fontana, may, at any time, inspect the office, shelter, vehicles
and other facilities connected to servicing this Agreement.
9. Reclaimed Animals
Animals reclaimed by their owners will be charged redemption fees in accordance with City
of San Bernardino resolutions and applicable state laws. San Bernardino will retain such
fees.
10. Unnecessarv Noises - Chapter 18 Section 18-63 (4)
San Bernardino will enforce the provisions of Chapter 18, Section 18-63 (4) of the Fontana
Municipal Code in the following manner:
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:
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2002-56
EXHIBIT 1:
City of Fontana
Scope of Services for
Animal Care and Control Program
(a) When a complaint is received regarding an alleged violation of said ordinance, a
letter will be sent to the owner of the animal(s) and the complainant will receive a
copy of the letter. The complainant will be advised to keep a log of dates/times the
offenses occur.
(b) If a second complaint is received, a second letter will be mailed.
(c) If a third complaint is received, San Bernardino will forward copies of the file to
Fontana Police Department for disposition. San Bernardino personnel will not
appear in court with Fontana legal counsel for complaints on barking dog/crowing
rooster cases, unless requested, but will assist whenever necessary.
III
III
III
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