HomeMy WebLinkAbout2000-221
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RESOLUTION NO. 2000-221
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4 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN
5 THE HUMANE SOCIETY OF SAN BERNARDINO VALLEY, INC. AND THE CITY OF
SAN BERNARDINO FOR THE HUMANE SOCIETY TO OVERSEE EUTHANASIA
6 PRACTICES AT THE CITY OF SAN BERNARDINO ANIMAL CONTROL DIVISION.
7 WHEREAS, federal law requires certain registrations and oversight for the purpose of
8 purchasing and administering controlled substances used for humanely euthanizing animals; and,
9 WHEREAS, the City of San Bernardino desires to have an agreement with the Humane
10 Society of San Bernardino Valley, Inc. for the purpose of providing secondary oversight of the
II purchasing and administering of said controlled substances; and
12 WHEREAS, the Humane Society of San Bernardino Valley, Inc, possesses the required state
13 and federal registrations necessary to purchase and administer said controlled substances.
14 NOW THEREFORE, BE IT RESOL VED BY THE MAYOR AND COMMON COUNCIL
15 OF TilE CITY OF SAN BERNARDINO AS FOLLOWS:
16 SECTION 1. That the MAYOR ofthe CITY OF SAN BERNARDINO is hereby authorized
17 and directed to execute that certain contract for services between the CITY OF SAN BERNARDINO
18 and THE HUMANE SOCIETY OF SAN BERNARDINO V ALLEY, INC., a copy of which is
19 attached hereto as Exhibit "A".
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2000-221
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
2 HUMANE SOCIETY OF SAN BERNARDINO VALLEY, INC. AND THE CITY OF SAN
BERNARDINO FOR THE HUMANE SOCIETY TO OVERSEE EUTHANASIA
3 PRACTICES AT THE CITY OF SAN BERNARDINO ANIMAL CONTROL DIVISION.
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5 I HEREBY CERTIFY that the foregoing Resolu,tion was duly adopted by the Mayor and
JOl.nt
6 Common Council of the City of San Bernardino at a Regular meeting thereof, held on
7 the 24th
day of July
, 2000, by the following vote, to wit:
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9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
10 ESTRADA X
II LIEN X
12 MCGINNIS X
13 SCHNETZ X
14 SUAREZ X
15 ANDERSON X
16 McCAMMACK X
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~ J.J,~
Rac el G, Clark, City Clerk
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The foregoing Resolution is hereby approved this ).,& day of July
,2000.
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/'{{ Lk-
,U ITH V ALLES, Mayor
Ci y of San Bernardino
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24 Approved as to
form and legal content:
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JAMES F. PENMAN,
26 City Attorney
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By: O~ t- 7r-- d--- 6 /J.e.----- f 7
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2000-221
AGREEMENT TO OVERSEE EUTHANASIA PRACTICES AT THE CITY OF SAN
BERNARDINO ANIMAL CONTROL DIVISION
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This agreemen1 is entered into on ~ "1 7.. ("
, 2000 between the CITY OF SAN
4 BERNARDINO, a municipal corporation ("CITY") and the HUMANE SOCIETY OF SAN
5 BERNARDINO V ALLEY, INC. ("HUMANE SOCIETY"),
6 WHEREAS, Federal law requires that either a state licensed Doctor of Veterinary Medicine
7 ("DVM") or state registered veterinary technician ("RVT") obtain registration from the Drug
8 Enforcement Administration to purchase and appropriately administer the required controlled drugs
9 and medications for the performance of humane animal euthanasias; and
10 WHEREAS, both parties agree that thc CITY desires to have a state licensed Doctor of
11 Veterinary Medicine provide oversight of the use of the required controlled drugs and medications
12 at the CITY's Animal Control Shelter located at 333 Chandler Place, San Bernardino, California,
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14 WHEREAS, the HUMANE SOCIETY desires to provide the federally required oversight
15 of the use of thc controlled drugs and medications required to perform humane euthanasia of animals
16 at the CITY's Animal Control Shelter through the HUMANE SOCIETY's state licensed Doctor of
17 Ve1erinary Medicine.
18 NOW THEREFORE, the parties agree as follows:
19 SECTION 1. This Agreement is effective beginning August 1,2000 and continuing through
20 August 1,2002. The parties may agree to extend the term of this Agreement.
21 THE HUMANE SOCIETY shall:
22 SECTION 2. Provide to the CITY the professional expertise of a state licensed Doctor of
23 Veterinary Medicine to assist in securing a Drug Enforcement Agency registration for the CITY's
24 Animal Control Shelter.
25 SECTION 3. Provide the required oversight of the use of the controlled drugs and
26 medication obtained with the above-referenccd permit.
27 SECTION 4. Assist the CITY in developing appropriate policies and procedures to ensure
28 that humane euthanasia is performed on animals requiring said euthanasia at the CITY's Animal
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Control Shelter.
2 SECTION 5. Seek reimbursement for funds expended in obtaining drugs or medications
3 for thc CITY's Animal Control Division,
4 SECTION 6. Seek reimbursement for stafling costs incurred to administer this agreement.
5 THE CITY shall:
6 SECTION 7. Allow the HUMANE SOCIETY's state licensed Doctor of Veterinary
7 Medicine to apply for the required Drug Enforcement Agency's registration to use required drugs
8 and medications to perform humane animal euthanasias at the CITY's Animal Control Shelter
9 loca1ed a1 333 Chandlcr Place, San Bernardino, California, Whcn received, this registration will be
10 held at the CITY's Animal Control Shelter until its return is requested by the HUMANE SOCIETY
11 or the HUMANE SOCIETY's Doctor of Veterinary Medicine, The CITY will immediately
12 surrender to the HUMANE SOCIETY this registration upon request.
13 SECTION 8. Ensure that all controlled drugs or medications purchased with the above-
14 referenced permi1 are stored in an appropriate manner, as required by federal law, to ensure that
15 p01ential misuse or theft cannot occur.
16 SECTION 9. Ensure that all statY members who administer the controlled drugs and/or
17 medications to animals are certified and trained in the correct use of the drugs as required by state
18 and federal laws.
19 SECTION 10. Keep accurate and detailed records as to the amount and type of
20 drugs/medications purchased. and log 1he use of all drugs and medications used in an appropriate
21 manner and on forms approved jointly by the CITY's Animal Con1rol Division and the HUMANE
22 SOCIETY.
23 SECTION 11. Allow either the HUMANE SOCIETY's Doctor of Veterinary Medicine, or
24 other designated agent to observe/monitor the CITY's Animal Control staff while performing
25 euthanasia and utilizing the drugs and medications mentioned. This observation can occur at any
26 time either with or without notice,
27 SECTION 12. Immediately consider implementing any change in policy or procedure
28 regarding the use ofthc drugs or medications outlined, if requested by the HUMANE SOCIETY or
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its state licensed Doctor of Veterinary Medicinc. The reason for this provision is to ensure that the'
most humane me1hods of animal euthanasia are employed by the CITY's Animal Control staff.
SECTION 13. Reimburse the HUMANE SOCIETY for any reasonable costs incurred to
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supply required drugs or medications to the CITY for the purpose of providing humane animal
euthanasias, Costs will be discussed with, and approved by, the CITY's Director of Animal Control
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in advance of any cost being incurred.
SECTION 14. Reimburse the HUMANE SOCIETY for reasonable costs incurred by the
HUMANE SOCIETY to pay staff for assisting with the training, implementation, or required
monitoring of this agreement. Costs will be discussed with, and approved by, the CITY'S Director
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of Animal Control in advancc of any costs being incurred.
HOLD HARMLESS
SECTION 15. The CITY hereby agrees to indemnify, defend, and hold harmless the
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HUMANE SOCIETY and its agents, officers. and employees from any and all claims or sums which
the HUMANE SOCIETY or its agents, officers, and employees may be obligated to pay by reason
of any liability of any kind imposed upon them, including damages to property or injury or death of
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persons, arising out of the performance of the services rendered by the CITY or caused by any error,
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omission, or act of the CITY arising from or related to any of the activities of the San Bernardino
Animal Control concerning the management of the Drug Enforcement Administration Registration
for the Ci1y of San Bernardino Animal Shelter only, Said sums shall include, in the event of legal
aC1ion, court cos1s, expenses oflitigation, and reasonable attorneys' fees.
SPECIAL PROVISIONS
SECTION 16. The CITY shall comply with all applicable federal, state and local laws,
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rules, regulations, and ordinances.
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SECTION 17. The HUMANE SOCIETY shall comply with all applicable federal, state and
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local laws, rules, regulations, and ordinances.
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SECTION 18, This Agreement shall not be assignable except with the mutual written
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consent of the parties hereto.
SECTION 19. This Agreement may be amendable by the mutual written consent of the
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parties hereto,
2 SECTION 20. This Agreement may be terminated by either party upon the giving of written
3 notice to the other party.
4 IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
HUMANE SOCIETY OF SAN
BERNARDINO V ALLEY, INC.
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Brian M, Cronin, Executive Director
Humane Society of San Bernardino
Valley, Inc.
Date:
7/J<?)W.
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