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HomeMy WebLinkAbout1997-075 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN 3 BERNARDINO AND CIVIC COLLECTIONS, INC. RELATING TO ANIMAL LICENSE CANVASSING AND COLLECTION SERVICES. 97-75 4 5 WHEREAS, the City of San Bernardino has need for animal license canvassing and 6 collection services within the city; and 7 WHEREAS, Civic Collections, Inc, is competent, experienced and able to perform said 8 services; and 9 WHEREAS, Civic Collections, Inc, has demonstrated it can meet the needs of the City 10 of San Bernardino to provide such license canvassing and collection services. II BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 12 OF SAN BERNARDINO AS FOLLOWS: 13 SECTION 1. The Purchasing Manager for the City of San Bernardino is hereby 14 authorized and directed to execute that certain Agreement between the City of San Bernardino and 15 Civic Collections, Inc" for license canvassing and collection services, in a form as attached hereto 16 as Exhibit" A" and incorporated herein by reference as though fully set forth at length. 17 SECTION 2. The authorization to execute the above-referenced Agreement is rescinded 18 if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this 19 Resolution. 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 97-75 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN 2 BERNARDINO AND CIVIC COLLECTIONS, INC. RELATING TO ANIMAL LICENSE CANVASSING AND COLLECTION SERVICES. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint 5 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 3rd day 6 of March, 1997, by the following vote, to wit: 7 8 Council Members: 9 NEGRETE 10 CURLIN II ARIAS 12 OBERHELMAN 13 DEVLIN 14 ANDERSON 15 MILLER 16 AYES NAYS ABSTAIN ABSENT x x x x x x x -----;t?n/{ )ut1-~ 17 18 19 20 21 Tom. Minor, Mayor City of San Bernardino The foregoing Resolution is hereby approved thisi{lclday of March ,1997, ~ef~f1t.vJo 22 LU.1 I,) . Rachel Clark, City Clerk , ,jaf)CLI.. (u1119 d tn c,,- jJR.pu.-c., 7-" ..... )'J 23 Approved as to form and legal content: 24 JAMES F, PENMAN, 25 City Attorney 26 27 28 It .,-:yz.~ \ 2 97-75 CONTRACT FOR SERVICES AGREEMENT THIS AGREEMENT is entered into this.3Jday of ~997 between CIVIC COLLECTIONS, INC. ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS, CITY has need for animal license canvassing and coHection services within the CITY; and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has demonstrated they can meet the needs of the CITY to provide such services; NOW THEREFORE, the parties hereto agree as follows: I. CONTRACTOR shaH furnish animal license canvassing and coHection services to CITY. CONTRACTOR shall continuously canvass the CITY to identify animals which have not been licensed and animals with delinquent licenses. 2. CONTRACTOR shall inform the animal owner of the legal requirements regarding the licensing of animals and shaH collect for new or delinquent licenses only. CONTRACTOR shaH not coHect currently due or future renewals. 3. CONTRACTOR shaH employ a sufficient number of personnel to ensure each residence with an unlicensed animal is contacted not less than once each year and to return up to two (2) additional times for compliance. Further, CONTRACTOR shall provide a minimum of seventy (70) hours of canvassing services to CITY weekly. 4. Prior to implementing canvassing services within the CITY, CONTRACTOR shaH 1 97-75' conduct a five (5) day training program for all new personnel in conjunction with the CITY that shall include class room instruction, field training, and final examination. 5. CONTRACTOR shall get approval from the Department of Animal Control of all forms and materials distributed by CONTRACTOR in carrying out the provisions of this Agreement. 6. CONTRACTOR shall provide CITY with monthly reports of the number of receipts issued, amount of fees collected, CITY areas canvassed and other collection data deemed appropriate by the CITY. 7. CONTRACTOR shall immediately remove and replace any employee violating the terms and conditions of this agreement or CONTRACTOR'S Code of Ethics and upon the request of the Department Program Coordinator. 8. CONTRACTOR shall provide an 800 number for residents to call for information regarding their notices. 9. CONTRACTOR shall, on a daily basis, deposit all monies received with the Senior Animal License Checker or designee at the Department of Animal Control. Both CONTRACTOR and CITY shall verify the receipts. 10. CONTRACTOR shall be responsible for all costs incurred by the CONTRACTOR and its employees in the performance of the contract including, but not limited to, salaries, operating and administrative expenses, insurance, bonds, printing, equipment, uniforms, supplies, and transportation. II. CONTRACTOR shall provide its own full-time officer or employee as a Project Manager. The Project Manager shall provide overall management of the services agreement and 2 97-75 shall act as the point of contact with the Department of Animal Control. The Project Manager shall be available, in person or by telephone, whenever CONTRACTOR'S personnel are performing their duties in the CITY. 12. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgement or expenses (including, without limitation, reasonable costs of defence) arising out of or related to CONTRACTOR's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. 13. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory workers' compensation coverage, and shall file copies of said policies with the CITY'S Risk Manager prior to undertaking any work under this Agreement. 14. CONTRAel'OR shall perform work tasks as directed by the Animal Control Department, but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 15. In the performance of this Agreement and in the hiring and recruitment of employees, contractor shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 16. CONTRACTOR shall not assign or otherwise transfer its rights or obligations under this Agreement except upon the written consent of CITY. 3 97-75 , 17. CONTRACTOR agrees and understands that prior to commencing work under this Agreement it shall first obtain a Business Registration Certificate from the City Clerk and shall keep such Certificate current during the term of this Agreement. 18. CITY agrees to provide CONTRACTOR a list to be used to identify animal owners who have not paid the required license fees and penalties. 19. CITY shall retain full authority and responsibility to enforce all applicable code provisions when an owner refuses to comply with licensing requirements. 20. Over the term of this Agreement, CITY agrees to pay CONTRACTOR and CONTRACTOR agrees to accept as full compensation for CONTRACTOR'S services pursuant to this agreement, an amount equal to the sum of the following: A. Fifty-five percent (55 %) of each delinquent dog license fee collected by the CONTRACTOR; and B. One dollar ($1.00) for each new license fee collected for a dog not previously licensed by the CITY; and C. Reimbursement for the full cost or purchase of receipt books and call back forms required for CONTRACTOR'S performance of this agreement. CONTRACTOR will provide the CITY with a monthly invoice in arrears and shall be provided payment within forty-five (45) days therefrom. CITY retains the right to challenge all or any part of an invoice. 21. This Agreement shall continue until terminated by either party upon sixty (60) days written notice. 22. Any notice to be given pursuant to this Agreement shall be deposited with the 4 97-75 United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Animal Control Director 333 Chandler Place San Bernardino, CA 92408 TO THE CONTRACTOR: Civic Collections, Inc. 1565 Eldertree Lane Diamond Bar, CA 91765 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 23. This Agreement sets forth all rights and duties of the parties with respect to the matter hereof, and replaces any and all previous agreements or understandings, whether written or oral relating thereto. This Agreement may be amended or modified only by written agreement signed by the persons who have signed this Agreement on behalf of the parties, or by such other person, who is authorized by the respective parties to bind them hereto. 24. The parties hereto shall comply with applicable laws of the United States of America, the State of California, and all other applicable laws. This Agreement shall be enforced and interpreted under the laws of the State of California. 25. In any litigation relating to this Agreement, the prevailing party shall be entitled to reasonable attorneys fees. The cost, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered "attorney's fees" for the purposes of this paragraph. 26. If any portion of the Agreement is held to be invalid by a court of law such provisions shall be considered severable, and the remainder of this Agreement or any provision hereof shall not be affected. 5 97-75 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. Date: '~/,(Y}7 tions, JIM CITY OF SAN BERNARDINO Date: M.f\~'~ 2'1 (qq7 , ATTEST: ~.tI U~~ Rac I Clark, City Clerk Approved as to form and legal content: James F. Penman, City Attorney .le-u . 6