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HomeMy WebLinkAbout2002-263 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. 2002-263 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 LOMA LINDA FOR FULL SERVICE ANIMAL CONTROL AND RESCINDING THE CURRENT CONTRACT WITH LOMA LINDA FOR ANIMAL SHELTERING SERVICES, RESOLUTION 2001-201. 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 Lorna Linda 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 LOMA LINDA, a copy of which is attached hereto and incorporated herein, marked as Exhibit "A". SECTION 2. Resolution 2001-201 is hereby rescinded. III III III 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 2002-263 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 LOMA LINDA FOR FULL SERVICE ANIMAL CONTROL AND RESCINDING THE CURRENT CONTRACT WITH LOMA LINDA FOR ANIMAL SHELTERING SERVICES, RESOLUTION 2001-201. I HEREBY CERTIFY that the forgoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint rep;. meeting thereof, held on the 5th day of August ,2002 by the following vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA X ~ LIEN X MCGINNIS X ~ DERRY X SUAREZ X ANDERSON X MCCAMMACK X ~ ~ The foregoing resolution is hereby approved this /';?n. day of August 2002. Approved as to Form and legal content: Ju 1 Valles, Mayor 1 of San Bernardino JAMES F. PENMAN, City ttomey . . . 2002-263 Animal Control Services Agreement Between the City of Lorna Linda and the City of San Bernardino THIS AGREEMENT ("Agreement") is made this 1st day of August 2002, between the City of Lorna Linda, a municipal corporation (hereinafter "Lorna Linda") and the City of San Bernardino, a municipal corporation (hereinafter "San Bernardino"). Lorna Linda and San Bernardino are herein referred to individually as a "Party" and collectively as the "Parties." WHEREAS, Lorna Linda desires to provide for a citywide Animal Care and Control Program; and, WHEREAS, San Bernardino has the knowledge, skills, resources, and experience that qualifies it to conduct a citywidc Animal Care and Control Program for Lorna Linda; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS, AND CONDITIONS CONTAINED HEREIN, THE PARTIES MUTUALLY AGREE THAT: I. Scope of Services. (a) San Bernardino will perform certain services as described in Exhibit 1, which, by this reference, is incorporated herein. (b) Lorna Linda, 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 Lorna Linda for any work performed pursuant to a modification of this Agreement or for extra work shall be agreed upon by Lorna Linda 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 Lorna Linda and approved by the authorized representatives for the respective cities. 2. Consideration. (a) Lorna Linda agrees to compensate San Bernardino for services and work products as defined in Exhibit I, Scope of Services, in the amount of $70,000.00, plus all dog license fees and other associated fees collected, for the I st fiscal year period August 1,2002 through July 31, 2003; and, for the 2nd fiscal year period August 1, 2003 through July 31, 2004, in the amount of $70,000.00, plus all dog license fees and other associated fees collected; and, for the 3rd fiscal year period of August 1,2004, through July 31, 2005, in the amount of $70,000.00, plus all dog 2002-263 license fees and other associated fees collected; excluding additional overtime as set forth in Section 7(c) of Exhibit 1 in any given fiscal period. (b) Lorna Linda 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 I(b) and I(c). (c) San Bernardino shall submit invoices to Lorna Linda on a monthly basis for the period August I, 2002, to July 31, 2005, in the amount of $5,833.33, 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 Lorna Linda requests additional work, in writing, and San Bernardino agrees through its authorized body. (d) Lorna Linda 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 Lorna Linda fails to pay San Bernardino within thirty (30) working days after the invoices are submitted, Lorna Linda agrees that San Bernardino shall have the right, after written notice to Lorna Linda, to consider such default in payment a material breach of this entire Agreement. Lorna Linda shall have ten (10) days following the date of such written notice within which to correct such breach. If Lorna Linda 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 Lorna Linda from the obligation to pay San Bernardino for services rendered according to Sections 2(a) and 2(c), above. (f) Lorna Linda may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Lorna Linda must give written notice to San Bernardino within ten (10) days of the date on the disputed invoice if Lorna Linda 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 Lorna Linda with respect to such disputed sums. The determination of the Mayor and City Council of Lorna Linda 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 2 2002-263 amounts found to be improperly withheld. For any disputed sum, either party may attempt to collect a debt through a civil proceeding. (g) Lorna Linda shall submit all dog license revenue collected by the City of Lorna Linda to the City of San Bernardino on a monthly basis. 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 Lorna Linda. 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 the work to any other consultant or service provider employed by Lorna Linda following termination hereunder and to participate in such reasonable number of meetings at no cost to Lorna Linda as shall be deemed necessary by Lorna Linda to effectively accomplish such transfer. 6. Cooperation. Lorna Linda agrees to cooperate in good faith with San Bernardino in San Bernardino's performance of duties under this Agreement. 3 2002-263 7. Lorna Linda's Responsibilities. Lorna Linda shall furnish to San Bernardino all maps, existing studies, ordinances, data and other existing information and materials in Lorna Linda's possession as shall be determined necessary by San Bernardino for it to complete the work contemplated by this Agreement. Lorna Linda agrees to provide all such materials in a timely manner so as not to cause delays in San Bernardino's work schedule. All rnaterials and equipment purchased for or provided to San Bernardino by Lorna Linda shall remain the property of Lorna Linda and shall be returned within ten (10) days of Lorna Linda's written request to San Bernardino. 8. Lorna Linda's Indemnification. Lorna Linda 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, 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. 9. San Bernardino's Indemnification. San Bernardino agrees and promises to indemnifY, defend, and hold harmless Lorna Linda, 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 Lorna Linda, 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 Lorna Linda City Attorney and members of his or her office in enforcing this Agreement on behalf of Lorna Linda shall be considered as "attorney's fees" for the purposes of this paragraph. 10. Warrantv. 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 4 2002-263 will be performed in accordance with generally accepted standards of practice in effect at the time of such performance. II. 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. Lorna Linda 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, Lorna Linda 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 Lorna Linda. 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. 14. Independent Contractor. (a) San Bernardino is and shall at all times remain as to Lorna Linda a wholly independent contractor. The personnel performing the services under this Agreement on behalf of San Bernardino shall at all times be under San Bernardino's exclusive direction and control and shall not be construed to be employees of Lorna Linda for any purpose, including eligibility under Public Employees Retirement Law. Neither Lorna Linda nor any of its officers, employees, or agents shall have control over the conduct of San Bernardino or any of San Bernardino's officers, employees, or agents, except as set forth in this Agreement. San Bernardino shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of Lorna Linda. San Bernardino shall not incur or have the power to incur any dept, obligation, or liability whatever against Lorna Linda, or bind Lorna Linda in any manner. 5 III 1/1 //1 1/1 1// 1// 11/ /1/ 11/ 2002-263 (b) No employee benefits shall be available to San Bernardino, or its officers, employees or agents, in connection with the performance of this Agreement. Except for the fees paid to San Bernardino as provided in the Agreement, Lorna Linda shall not pay salaries, wages, or other compensation to San Bernardino or its officers, employees or agents for performing services hereunder for Lorna Linda. Lorna Linda shall not be liable for compensation or indemnification to San Bernardino or its officers, employees or agents for injury or sickness arising out of performing services hereunder. 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 (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 Lorna Linda. 16. Term. The term of this Agreement shall be for three (3) years, commencing on August 1,2002, and terminating on July 31, 2005. This agreement will terminate July 31, 2005. 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 July 2005 invoice, plus five percent (5%), for each additional month until a new Agreement is established. 17. 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. 6 '. 2002-263 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: Lorna Linda Director of Public Safety City ofLoma Linda 25541 Barton Rd Lorna Linda, CA 92354 San Bernardino Director of Animal Control City of San Bernardino 333 Chandler Place San Bernardino, CA 92408 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 III Exhibit 1, incorporated by reference. 20. Attornev 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 Lorna Linda and San Bernardino and may be modified only by further written agreement between the Parties through their respective authorized bodies. 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 affect the meaning or construction of any of the terms or provisions of such Agreement. III III III III 7 2002-263 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 LOMA LINDA AM2~ By: ~~~~" / _ ':J .Mayor pro tempore Attest: -D~ Camb Approved as to Form and Legal Content: (j/cA Xltf!.~ Richard Holdaway City Attorney /' ( CITY OF SAN BE NARDlNO A Municipal Co ~~ Attest: ~~~ City Clerk Approved as to Form and Legal Content: "7d J es F. Penman ity Attorney 8 '- 2002-263 EXHIBIT 1: City of Lorna Linda Scope of Services Animal Care and Control Program 1. Municipal Code. The City of San Bernardino ("San Bernardino") will provide a comprehensive Animal Care and Control Program for the City of Lorna Linda ("Lorna Linda") under the provisions of the Municipal Code of the City of Loma Linda 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 Loma Linda, including any codes contained in any supplemental documents to the Municipal Code of the City of Loma Linda related to zoning and development code that also affect animals. Further, Lorna Linda 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 August 1, 2002, through July 31, 2005. 3. Impound. Care and Disposal of Dogs and other Domestic and Wild Animals. San Bernardino will operate an Animal Care and Control Program for Lorna Linda 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 Lorna Linda 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 Lorna Linda directly with the Court that serves Lorna Linda. The City Attorney for Lorna Linda will appear in court, as necessary, on animal related cases. (b) The Lorna Linda 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 Lorna Linda City Attorney. (c) Impound all animals caught at-large and collect all impound fees assessed. (d) Remove dead animals from the public right-of-way, except interstate freeways. (e) Respond to requests for assistance in the trapping and removal of stray domestic animals from public or private property during normal operating hours. San I. 2002-263 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 as necessary, and under the direction of an Animal Control Officer. San Bernardino will not provide rodent control or insect control. (f) 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. (g) 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 a minimum of ten (10) days and attempts will be made to contact the owner. At no time will animals be sold for research programs. (h) Respond to every call for service either by animal control officer, letter, or phone. (i) 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 owned by the City of Loma Linda shall be made available to the City of San Bernardino for distribution to Loma Linda residents for the purpose of trapping animals. The traps shall be stored and maintained by the City of San Bernardino. Unless exceptional circumstances exist, residents of Loma Linda shall be responsible for obtaining, monitoring and returning all traps used for this purpose. Upon termination of this contract, any traps supplied by Loma Linda to San Bernardino shall be returned or comparably replaced by San Bernardino. (j) All animal control services available to San Bernardino residents for which there is a fee shall be made available to Loma Linda residents for the same fee. (k) Loma Linda 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 Loma Linda residents. Licenses may be purchased at the shelter, Loma Linda City Hall, or through the mail. Loma Linda residents redeeming their dog(s) will be required to purchase a license prior to the dog's 2 2002-263 release. San Bernardino will conduct low cost rabies vaccination clinics in Lorna Linda twice annually. Two part-time license canvassers will be assigned to work in the City of Lorna Linda to secure compliance with Lorna Linda dog license laws. The City of San Bernardino will retain all licensing revenue generated by Lorna Linda residents. Lorna Linda shall submit all license revenue collected by the City of Lorna Linda to the City of San Bernardino. In the event that the City of San Bernardino collects more than $20,000.00 in dog license revenue from the residents of Lorna Linda, during any period beginning July 1 and ending June 30 of the following year, both parties shall have the right to renegotiate the distribution of such dog license revenues in excess of $20,000.00. Any renegotiations of the distribution of dog license revenue shall commence in the month directly following the l2-month reporting period in which the excess revenue was collected. 5. Animal Care Education and Information Program. San Bernardino will provide public educational/information programs to Lorna Linda schools, City employee groups, service groups, and other organizations, upon reasonable request. 6. Veterinarv Services Program. 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 pnce. 7, Staffing Level and Hours of Service. (a) Field Services. San Bernardino will provide field servIces for Lorna Linda Monday through Friday. 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., Monday through Friday, and 24-hour emergency call out on Saturday and Sunday. Lorna Linda Public Safety Dispatch may contact animal control field personnel via emergency pager, for after hours service. San Bernardino will provide an animal control officer available to respond to calls for service in Lorna Linda Monday through Friday. Calls to be considered routine and to be handled within a 24-hour time frame include: 3 2002-263 . Confined stray animals; . Dead animals; . Stray dogs running at-large; . Hwnane 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 T eleohone 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) Emergencv After Hours Procedures/Overtime. (I) Limit on Overtime Calls. Overtime, due to emergency calls from Lorna Linda, will 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. (B) 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 call. If an Additional Overtime Call should exceed the two (2) hour maximum, Lorna Linda shall be contacted the next regular business day by the Director of Animal Control or designee and a determination made 4 . . 2002-263 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. Lorna Linda will not be responsible for paying any Additional Overtime Calls unless initiated by Lorna Linda Police. (3) Procedures for Overtime Emergencv Calls. Procedures for Overtime Emergency Calls are as follows: The reporting party (RP) will contact the Lorna Linda Police/Fire Dispatch, or the City of San Bernardino Animal Control. 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 Lorna Linda Dispatch, obtain the RP's name and phone number, 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 Lorna Linda, 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 Lorna Linda Police/Fire, the ACO will automatically respond. San Bernardino will provide a monthly listing of on-call animal control personnel. San Bernardino will provide personnel to train Lorna Linda dispatchers in on-call procedures, as requested. Emergencv Call-Out Tvpes: . Injured stray animals . Sick stray animals . Agency assists . Stray vicious dog (after verification by on-duty Lorna Linda 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 Lorna Linda, may, at any time, inspect the office, shelter, vehicles and other facilities connected to servicing this Agreement. 5 '. ~ 2002-263 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. III \II \II \II \II \II \II \II \II \II \II \II \II \II III 1\1 III \II III III III \II 6