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Home My WebLink About2001-201 1 RESOLUTION NO. 2001-201 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH THE CITY OF LOMA LINDA FOR ANIMAL SHELTER SERVICES. 4 WHEREAS, state law requires that all cities and counties must provide rabies control 5 programs that include an animal shelter system and, 6 7 8 WHEREAS, the CITY OF SAN BERNARDINO possesses the qualified personnel and facilities to perform such services and carry out such programs and, WHEREAS, the CITY OF LOMA LINDA desires to be in compliance with state and local laws in the provision of an animal shelter system. 9 10 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 11 12 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement for Services with the City ofLoma Linda for 13 14 animal shelter services, a copy of which is attached hereto, marked Exhibit A. 15 2001-201 1 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH THE CITY OF LOMA LINDA FOR ANIMAL SHELTER SERVICES. 4 5 6 7 8 Council Members I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regulameeting thereof, held on the 18th day of June, 2001, by the following vote to wit: ABSTAIN ABSENT AYES NAYS x x x - x x - x x 9 ESTRADA 10 11 LIEN 12 MCGINNIS 13 SCHNETZ 14 SUAREZ 15 ANDERSON 16 MCCAMMACK 17 18 19 ~h.~ Rac I G, Clark, City Clerk 20 21 22 23 The foregoing resolution is hereby approved this 2. 1'>1 /\ day of June ,2001. I ' / ; c-LU---' t. . '-.,' , JUdi",thlVt' alles, Mayor City 0 San Bernardino \J 24 25 26 JAMES F. PENMAN 27 City Attorney 28 Dr 1 p,-- Approved as to Form and legal content: / 2001-201 AGREEMENT EXHIBIT A TIllS AGREEMENT is entered into this 1st day of July 2001, by and between the CITY OF SAN BERNARDINO, a municipal corporation, ("City"), and the CITY OF LOMA LINDA, a municipal corporation, ("Contracting Agency"). The parties agree as follows: 1. Recitals. (a) City has an animal shelter and other facilities for the handling of animals, (b) Contracting Agency does not have an animal shelter or other facilities to handle the impounding or disposal of animals. City is agreeable to aid and assist Contracting Agency by impounding, caring for and disposing of animals delivered to the Animal Shelter by residents of, or official representatives of, Contracting Agency according to the provisions of this agreement. 2, Impounding and Disposal of Animals, City shall, through its Animal Control Department accept, impound and dispose of dogs, cats or other animals, which are delivered to City's Animal Shelter by an agent, officer, or employee of Contracting Agency, and all loose or stray dogs and cats brought to the City Animal Shelter by anyone from within the incorporated area of Contracting Agency, Each person delivering an animal shall sign a Receiving Slip, City shall, for and on behalf of Contracting Agency, pursuant to applicable laws, humanely kill, release to owner, or otherwise dispose of all animals received, No domesticated animal shall be killed or disposed of without an attempt to notify the owner if the owner is known by City. City is not obligated to accept or dispose of healthy adult wildlife, 1 2001-201 3, Holding Periods, No stray dog, stray cat or other stray domesticated animals shall be disposed of before four (4) business days have elapsed from the time the animal was delivered to the Animal Shelter, unless the Contracting Agency or the owner of the animal gives written authorization for earlier disposaL After the four (4) business days have elapsed, the animal becomes the property of the City and the City is authorized to dispose of the animal in any manner permitted by law, including City Ordinances, Animals ordered by the Contracting Agency to be held longer than four (4) business days, other than rabies quarantine, shall additionally be charged the prevailing Daily Board Fee, as set by City Resolution, Such instances include, but are not limited to: cruelty cases, other court cases, or ten- (10) day holds on abandoned animals, Rabies quarantined animals will be held for ten (10) days from the date of the bite with no additional charge to Contracting Agency. Animals surrendered by the owner shall be held in accordance with the state law, 4, Warranty of Lawful Apprehension. Contracting Agency warrants to the City that all animals impounded by its agents, employees or other authorized representatives have been apprehended and impounded pursuant to existing laws, 5, Payment. Contracting Agency shall pay to City, during the period of July 1, 2001 through June 30, 2002, $27,50 for any canine (dog or puppy), and $16,50 for any feline (cat or kitten) impounded, For the period of July 1, 2002 through June 30, 2004 the Contracting Agency shall pay to City, $30,00 for any canine (dog or puppy), and $19,00 for any feline (cat or kitten) impounded, A litter of unweaned puppies or kittens shall be charged as one animal and may be euthanized immediately upon impounding by mutual agreement of the Contracting Agency and City, Animals delivered by Contracting Agency that have been released by their owner shall be charged at 50% of the per animal fee, Additionally, Contracting Agency shall pay to the City for livestock and other animals delivered to the City under the terms of this agreement the following fees: 2 2001-201 DAILY BOARD AND CARE LARGE LIVESTOCK Over 500 lbs. (E,g, Horses, Mules, Donkeys, Cattle) $ 12,50 MEDIUM LIVESTOCK 25 to 500 lbs, (E.g. Goats, Sheep, Pigs) 10.00 SMALL LIVESTOCK (E,g, Rodents, Rabbits, Chickens, Geese, Birds) 5,00 City shall notify Contracting Agency if the above fees are increased by Resolution, City shall present an invoice on or before the tenth day of each month for the amount due. Contracting Agency shall pay said invoice not later than the last day of the month in which billed, Contracting Agency shall pay an annual fee of $500.00 for dead animal disposal, which shall be billed to Contracting Agency in each July invoice. 6. Voluntary Disposal. City is authorized to accept a dog or cat from its owner residing within the incorporated area of Contracting Agency, In such cases no charge shall be made against Contracting Agency for its disposal and the dog or cat shall not be included in the total number of dogs or cats computed pursuant to Paragraph 5 of this agreement, City may charge the owner a fee for such services, 7, Deputization. City officers, agents or employees shall be authorized to collect Contracting Agency's license, apprehension, shelter, and related penalty fees at the Animal Shelter, as directed by Contracting Agency, for all animals received under this agreement. City officers, agents, or employees shall also collect the requisite sums for rabies vaccinations where required, Contracting Agency will furnish such license forms and receipt books as may be deemed necessary 3 . " 2001-201 by Contracting Agency to City. City shall provide all animal impound cards and receiving slips to Contracting Agency, 8. Funds Collected bv Citv, Rabies vaccination deposits shall be retained by City, and shall be refunded to the depositor upon presentation of proof of vaccination, Fees for voluntary disposal of dogs or cats, daily board fees and vaccination fees shall be retained by city. All other monies collected by City for Contracting Agency in connection with this agreement shall be deposited in the City Treasury and shall be paid to Contracting Agency on or before the twentieth day of each month for the month preceding. 9. Term, This agreement shall be for a term of three (3) years commencing July 1, 2001, and ending June 30,2004, 10, Indemnification, Contracting Agency agrees and promises to indemnify, defend and hold harmless City, its officers, employees and agents, from and against all actions, claims, demands, lawsuits, and liability for damages to persons or property that may be asserted or claimed by any person, firms, entity, corporation, political subdivision, or other organizations arising out of or in connection with the performance of this agreement, but excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the sole negligence or willful misconduct of City, its officers, employees or agents. Said sums shall include, in the event oflegal action, court costs, expenses oflitigation, and reasonable attorneys' fees, 11. Termination, This agreement may be terminated by either party upon 90 days written notice, In the event of termination, the Contracting Agency's compensation to City shall be prorated to reflect the period during which the agreement is in effect. 12, This agreement may be amendable by the mutual written consent of the parties hereto. 4 2001-201 IN WITNESS WHEREOF, the parties have executed this agreement on the date fIrst herein above written. City City Qfiian Bernardino ,,"~ les, Mayor / I !J Approved as to Form and legal Content: Richard Holdaway James F. Penman City Attorney By: City Attorney By:L fj}~ o I . 5