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Home My WebLink About1996-177 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF LOMA LINDA RELATING TO 3 ANIMAL SHELTER SERVICES. RESOLUTION NO. 96-177 4 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with the city of Loma Linda relating to animal shelter 8 9 10 services, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth 11 12 at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the mayor and Common Council of the City of San 13 Bernardino at a regular meeting thereof, held on the 17th 14 day of June 15 , 1996, by the following vote to wit: ABSTAIN ABSENT Q,-JJu'L C!L<-t~ ~, Clerk ~. RES 96-177 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF LOMA LINDA RELATING TO 2 ANIMAL SHELTER SERVICES. 3 The foregoing resolution is hereby approved this ~ day of June , 1996. 4 5 6 7 Approved as to form and legal content: 8 JAMES F. PENMAN 9 CitJY1 Attorney () 10 By: .'L.~ 7-. I<::--v'~ 11 , ., -------If ' , 1T':'1t1 LCtL~ Tom Minor, Mayor city of San Bernardino 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5-1-96 2 -%- 'i 77 AGREEMENT (Animal Shelter) THIS AGREEMENT is entered into this 1st day of July, 1996, 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. Impoundina 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 animal shall be killed or disposed of without an attempt to notify the owner if the owner is known by city. Exhibit A 1 RES 96-177' 3. Holdinq Periods. No dog, cat or other animal shall be disposed of before 72 hours 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 72 hour period has 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 72 hours, other then 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 10 day holds on abandoned animals. Rabies quarantined animals will be held for 10 days from the date of the bite, at no additional charge to contracting Agency. 4. Warrantv 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 July 1, 1996 through June 30, 1997 for services provided for in this agreement $24.00 for any canine (dog or pup), and $14.00 for any feline (cat or kitten) delivered to City by contracting Agency. During the period of July 1, 1997 through June 30, 1999, fees will increase to $26.00 for any canine (dog or puppy), and $15.50 for any feline (cat or kitten). During the period of July 1, 1999 through June 30, 2001, fees will increase to $27.50 for any Exhibit A 2 RES 96- n7 canine (dog or puppy), and $16.50 for any feline (cat or kitten). A litter of unweaned puppies or kittens shall only be charged as one animal and may be euthanized immediately upon impounding by mutual agreement of the Contracting Agency and City or 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: DAILY BOARD AND CARE LARGE LIVESTOCK Over 500 lbs. (Horses, Mules, Donkeys, cattle, e.g.) $ 12.50 MEDIUM LIVESTOCK 25 to 500 lbs. (Goats, Sheep, Pigs, e.g.) 10.00 SMALL LIVESTOCK Less than 25 lbs. (Rodents, Rabbits, Chickens, Geese, Birds, e.g.) city shall notify Contracting Agency if the above fees are 5.00 increased by Resolution. city shall present an invoice on or before the tenth day of each month for the amount due. Said invoice shall be paid by Contracting Agency not later than the last day of the month in which billed. 6. Voluntarv Disposal. City is authorized to accept a dog or cat from its bona fide 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 Exhibit A 3 RES 96-177 pursuant to Paragraph 4 of this agreement. City may charge the owner a fee for such services. 7. Deoutization. City officers, agents or employees shall be authorized to collect Contracting Agency's license, apprehension, shel ter, and related penalty fees at the Animal She 1 ter, 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. Such license forms and receipt books as may be deemed necessary by contracting Agency will be furnished to City by Contracting Agency. City shall provide all animal impound cards and receiving slips to Contracting Agency. 8. Funds Collected bv ci tv. 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 and daily board 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 five (5) years commencing July 1, 1996, and ending June 30, 2001. 10. Indemnification. Contracting Agency agrees and promises to indemnify, defend and hold harmeless 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, firm, entity, Exhibit A 4 RES 96-177 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. 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. IN WITNESS WHEREOF, the parties have executed this agreement on the date first hereinabove written. ATTEST: CITY OFS~B~RNARDINO By ~t?fY\ r dLt~ Mayor ~ ~ Approved as to form and legal content: city of ATTEST: CITY By Y2~u~/ hl'41NJ-1J 'Ilz-rd~ city Clerk Approved as to form: /X/~ H ty Att~r~~y, 4 ty of Lorna Linda Exhibit A 5