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HomeMy WebLinkAbout1994-069 , . ,. 1 RESOLUTION NO. 94-69 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE XECUTION OF AN AGREEMENT WITH THE CITY OF FONTANA FOR ANIMAL CARE 3 D CONTROL SERVICES. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF BERNARDINO AS FOLLOWS: 5 6 7 8 9 SECTION 1. The Mayor of the city of San Bernardino is hereby uthorized and directed to execute on behalf of said City an greement with the city of Fontana relating to animal care and services. a copy of which is attached hereto. marked "A" and incorporated herein by reference as fully as though 10 set forth at length. 11 I HEREBY CERTIFY that the foregoing resolution was duly 12 adopted by the Mayor and Common Council of the city of San 13 Bernardino at a T"9111"'T meeting thereof, held on the ~ day 14 of March , 1994, by the following vote to wit: 15 Council Members 16 EGRETE 17 CURLIN AYES NAYS ABSTAIN ABSENT x x 18 HERNANDEZ 19 OBERHELMAN 20 DEVLIN 21 POPE-LUDLAM 22 ILLER 23 x x x x x ,r> 1 " / !.4- ,^-~0_t. l L(,y'-1"~ City'--Clerk 24 / 25 / 26 / 27 / 28 / 1-19-94 -1- , ' c 94 69 1 2 3 4 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF FONTANA FOR ANIMAL CARE AND CONTROL SERVICES. The foregoing resolution is hereby approved this"~~ day of March , 1994. ~i~/~ Tom Mlnor, Mayor City of San Bernardino 5 6 Approved as to form and legal content: 7 JAMES F. PENMAN 8 City Attorney 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: D~~~_,.~ fA ,~~4-?1 , /~?-/' 1-19-94 -2- ':\, .,' . ~ ~"\-~<==t 'I) " -~ : T' L. \ '~~ I,}\~ i~ \L J ANIMAL CONTROL SERVICES AGREEMENT THIS AGREEMENT is made this:1...::i1:6 day of lb I\\(..~~ , 1994, between the City of Fontana, a municipal corporation (hereinafter "Fontana") and City of San Bernardino, a Municipal Corporation (hereinafter "San Bernardino"). WHEREAS, Fontana desires to provide for a city wide Animal Care and Control Program, and WHEREAS, San Bernardino has the knowledge, skills, resources and experience that qualify it to conduct a city wide Animal Care and Control Program. NOW, THEREFORE, FONTANA AND SAN BERNARDINO MUTUALLY AGREE THAT: 1. San Bernardino Services San Bernardino will perform certain services as set out herein to develop and implement the following: City Wide Animal Care and Control Program 2. Scope of Services (a) San Bernardino will perform the work as set out in the following Scope of Services included in the contract as Exhibit 1. (b) Fontana, with the express written consent of San Bernardino may modify the Scope of Work to be performed under this agreement, . (c) Anything not included in Exhibit 1 shall constitute extra work. The price to be paid by Fontana for any work performed FLR/al[Fontana2.AgrJ 94 69 pursuant to a modification of this Agreement or for extra work, shall be as agreed upon by Fontana and San Bernardino, in writing, at the time of such modification. No work shall be performed by San Bernardino as a modification or extra work until an agreement for same, including the price, has been executed by San Bernardino and Fontana and approved by their respective Mayors and Councils. 3. Consideration (a) Fontana agrees to compensate San Bernardino for services and work products as defined in Exhibit 1, Scope of Services, in the amount not to exceed $264,000.00 for the period of January 1, 1994 through December 31, 1994; for the period of January l, 1995 to December 31, 1995, the amount shall not exceed $283,800.00; and for the period of January 1, 1996 to December 31, 1996, the amount shall not exceed $305,085.00. Fontana shall not be required to pay any amounts in excess of this sum, 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 2(b) and 2(c). (b) San Bernardino shall submit invoices to Fontana on a monthly basis in the amount of $22,000.00 per month for the period of January 1, 1994 to December 31, 1994; $23,650.00 per month for the period of January 1, 1995 to December 31, 1995; and $25,423.75 per month for the period of January l, 1996 to December 3l, 1996. FLR/al[Fontana2.AgrJ 94, 69 The total project cost shall not exceed the above referenced amounts unless additional work is requested in writing by Fontana. (c) Fontana shall promptly review invoices and notify San Bernardino of any objection thereto; absent such objection in writing within ten (lO) days of the date of the invoice, the invoices shall be deemed proper and acceptable. (d) If Fontana fails to pay San Bernardino within thirty (30) working days after the invoices are submitted, Fontana agrees San Bernardino shall have the right, after written notice to Fontana, to consider such default in payment a material breach of this entire agreement. Fontana shall have ten (lO) days following date of such written notice within which to correct such breach. If Fontana 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 Fontana from the duty and obligation to pay San Bernardino for services rendered according to section 3(a), (b) above. (e) Fontana may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay as that term is used in subparagraph 3(d). San Bernardino shall not discontinue its work for a period of thirty (30) days from the date of withholding, as a result of such withholding. San Bernardino shall have immediate right of appeal to the Mayor and FLR/al[Fonta"a2,Agrl 94 69 City Council of Fontana with respect to such disputed sums. The determination of the Mayor and City Council 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%) per annum from date of withholding of any amounts found to have been improperly withheld. 4. 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 Fontana. 5. Personnel Substitutions All the 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. 6. Termination If either party fails to perform any duties or obligations imposed on it by this contract and said failure continues for sixty (60) days after written notification by the other, then this contract will be in total breach and said other party may terminate this contract immediately thereafter. Ei ther party at any time may terminate this contract without cause upon the giving of sixty (60) days prior written FLR/al[Fontana2.AgrJ 94 69 notice to the other of such intent to terminate. Both parties must give at least sixty (60) days prior written notice of intent not to renew the contract. In such event, San Bernardino shall be paid for the work performed under the Agreement to date of termination. 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 Fontana following termination hereunder and to participate in such reasonable number of meetings at no cost to Fontana as shall be deemed necessary by Fontana to effectively accomplish such transfer. 7. Cooperation Fontana agrees to reasonably cooperate with San Bernardino in San Bernardino's performance of duties under the contract. 8. Fontana's Responsibilities Fontana shall furnish to San Bernardino maps, existing studies, ordinances, data and other existing information and materials in Fontana's possession as shall be determined by San Bernardino that is necessary for San Bernardino to complete the work contemplated by this Agreement. Fontana further agrees to provide all such materials in a timely manner so as to not cause delays in San Bernardino's work schedule. 9. Indemnification Fontana agrees and promises to indemnify, defend and hold harmless San Bernardino, 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 FLR/al[Fontana2.AgrJ 9(1 69 by any person, firm, entity, corporation, political subdivision, or other organizations arising out of or in connection with the provision of the services by San Bernardino, operations or activities of San Bernardino, its officers, employees or agents, but 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, employees or agents. lO. Warranty 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 was performed in accordance with generally accepted standards of practice in effect at the time of performance. ll. Worker's Compensation Insurance San Bernardino shall cover its employees with Workers' Compensation insurance and ensure that the employees of any of its subcontractors are covered by workers compensation insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California. Fontana shall not provide workers' compensation insurance for any San Bernardino employee, agent or subcontractor under any circumstances whatsoever. Furthermore, notwithstanding any other provisions set forth herein, Fontana shall not indemnify, defend, or hold harmless SAN BERNARDINO, its officers, employees, agents or subcontractors for workers' compensation claims. FLR/al[FontanaZ.AgrJ 94 69 l2. prohibition Aoainst Transfers (a) 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 Fontana. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, 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 compliance with State and Federal Anti-Discrimination laws. l4. Independent Contractor San Bernardino shall be an independent contractor and not an employee, nor shall any of its employees, agents or subcontractors be an employee of Fontana. 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 (1) requires such persons to disclose financial interest that may foreseeably 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. FLR/alCFontana2.AgrJ 9~, 69 (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 Fontana. 16. Term The term of this agreement shall be for three (3) years commencing on January l, 1994, and terminating on December 3l, 1996. The parties may mutually agree to extend the contract on an interim basis if a new agreement is not reached by December 31, 1996. Such interim extension shall be at the monthly contract amount for December, 1996, plus ten percent (lO%) until a new contract is established. 17. Invalidation In the event any provision of this Agreement shall be held to be invalid and unenforceable, the other provisions of this Agreement shall be valid and binding on the parties thereto. l8. Notices Any 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: Fontana San Bernardino City Manager City of Fontana 8353 Sierra Avenue Fontana, CA 92335 (909) 350-7654 Director of Animal Control City of San Bernardino 333 Blood Bank Road San Bernardino, CA 92408 (909) 384-5048 Any notice so given shall be considered served on the other party three (3) days after date of mailing. FLR/al[Fontana2.AgrJ 94, 69 The address for notice may be changed by giving written notice pursuant to this paragraph. 19. Understandina There are no understandings or agreements except as expressly stated herein. 20. Enforcement This Agreement shall be construed and enforced in accordance with the laws of the State of California. 21. Entire Aareement This contract constitutes the entire Agreement between Fontana and San Bernardino and may be modified only by further written agreement between the parties. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above stated, the day and year first above written. CITY OF SAN A Municipa ---r' By: BERNARDINO o:r;"ation /~~ Q b..Z ,lzL C (it-., '-f~ RaehM Clark City Clerk Jdh0P~~/ S'hauna Clark City Administrator APPROVED AS TO FORM r D LEGAL CO TENT: -~ Cla H. Alsop Stephen P. Deitsch City Attorney CITY OF FONTANA APPROVED AS TO FORM AND LEGAL CONTENT: ~~6 ' , ~ James F. Penman..2 7'-1' City Attorney CITY OF SAN BERNARDINO FLR/al[Fontana2.Agrl 94 69 'I ~Ph' ",,/..f'(Y.L-cPN Samuel C. Scott Interim Chief of Police ~~~ Rooert A. Graham ' RISK MANAGER FLR/al[Fontana2.AgrJ , .. ,...':'.. '"" ~:-. ~'..., 9~, 69 EXHIBIT "I" CITY OF FONTANA SCOPE OF SERVICES ANIMAL CARE AND CONTROL I. Citv Ordinance The City of San Bernardino will provide a comprehensive animal control and animal welfare program for the City of Fontana under the existing provisions of Fontana's city ordinances prescribing procedures and standards for licensing, impounding, regulation and control of dogs and other domestic and wild animals as stated in Chapter 5 and Chapter 17, section 3d. Further, the City of San Bernardino will assist the City of Fontana in drafting and implementation of new or revised animal control ordinances as required by the City, 2. Term The term of the agreement shall be from January I, 1994 through December 31, 1996, 3, Impound Care and Disposal of Dogs and Other Domestic and Wild Animals The City of San Bernardino will operate an animal control program for the City of Fontana consisting of the following three activities: field services, shelter services, and licensing. In the conduct of this program, the City of San Bernardino will perform the following specific functions: (a) Enforce all provisions of the City of Fontana's existing ordinances pertaining to animals, including the issuing of warning notices or citations as necessary, If the San Bernardino County Court, Fontana Division is agreeable, citations will be processed through the City of San Bernardino as their own Clerk of the Court, All citation revenues will be retained by the City of San Bernardino under this system, Should San Bernardino be unable to use their own citations system, San Bernardino will file citations directly with the Court, The Fontana City Attorney will appear in court, as necessary, on contested citations. Any legal action requiring the filing of "long form complaints" will be processed by the Fontana City Attorney, San Bernardino will provide any and all information to the attorney necessary to file the complaint. All Penal Code violations (i.e, cruelly to animals) and other state code violations will be filed through the San Bernardino County District Attorney's office, San Bernardino may, from time to time, call upon the Fontana City Attorney for advice and guidance. (b) Impound all animals caught at large and collect all impound fees assessed, (c) Remove dead animals from the public right-of-way, except State and Federal highways. (d) Respond to requests for assistance in the trapping and removal of domestic or wild animals from public or private property, The City of San Bernardino will offer advice in setting a trap in any enclosed space and will remove wild animals caught in a trap, but shall not be required to move belongings or maintain on-premises surveillance unless in the opinion of the Director of Animal Control or his/her representative there is a direct, clear and present danger to human life, The City of San Bernardino is not required to provide traps or remove domestic animals caught in a trap, but may do so as resources permit. The City of San Bernardino shall not be required to provide vector control, ,,'9,4 69 (e) Investigate reported animal bites and quarantine as prescribed by law all biting animals and animals suspected to be rabid. The City of 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. (f) Provide euthanasia services as required for animals held three (3) days if these animals are not reclaimed by their owners and are deemed unsuitable by the City of San Bernardino for adoption. All impounded animals will be scanned for InfoPet microchips. Animals with identification, licenses or microchips will be held for 10 days and attempts will be made to contact the owner, At no time will animals be sold for research programs, (g) Respond to every call for service either by an animal control officer, letter or phone call. (h) Cats: The City of San Bernardino will not be required to respond to calls of cats running at large, nor will they be required to pick up confined stray cats, except in cases with exceptional circumstances. (i) All services to City of San Bernardino residents for which there is a fee shall be made available to City of Fontana residents for the same fee. (j) City of Fontana residents may bring stray, unowned animals to the shelter at no charge to the resident. 4. DM Licensin2 Pr02ram San Bernardino will sell dog licenses to Fontana residents. Licenses may be purchased at the shelter or through the mail. Fontana residents redeeming their dog(s) will be required to purchase a licence prior to the dog's release. San Bernardino will conduct two (2) low cost rabies vaccination clinics in Fontana annually. All licensing revenue will be remitted to the City of Fontana. 5. Low Cost SDav/Neuter and Rabies Vaccination Pr02ram San Bernardino will collect a refundable spay/neuter deposit as required by state law for each animal adopted from the shelter. A refundable rabies vaccination deposit will be collected for all animals returned to their owners, The animal owner will be referred to local veterinarians for spay/neuter surgeries and vaccinations as the shelter does not have a veterinarian on staff at the present time. Further, any person who adopts an animal from the shelter will receive a certificate for a free health examination from a local veterinarian. 6, Animal Care Education and Information Pro2ram San Bernardino will provide educational/informational programs and information to the Fontana Schools, City employee groups (such as "How to Prevent Dog Bites" for the meter readers), service groups and other organizations, upon request. 7. Veterinarv SeIVices Protzrams Private veterinary services will be provided by the City of San Bernardino for the care of impounded, injured and sick animals, The cost of this service will be included in the contract price. 8. Toll Free Number The City of San Bernardino is not a toll call for Fontana's residents. Therefore, a toll free number is not required, , , 9, Staffin~ Levels and Hours of Service A, Field Services 911 69 San Bernardino will provide field services for Fontana seven (7) days per week. Routine services will be performed Monday through Friday, 8: 15 a.m,-5:15 p.m" and Saturday, Sunday and holidays 8:00 a.m.- 5:00 p.m. San Bernardino will provide emergency call-out5:00 p.m. to 8:00 a.m. daily (see below), The City of Fontana will supply a minimum of two (2) hand-held radios and chargers to be kept at the San Bernardino Animal Shelter for Sunday and holiday dispatch and for emergency contact. (Note: San Bernardino does not have dispatching capabilities on Sundays and holidays at this time. Fontana Police dispatch may contact field personnel via the radio on these days for service,) It is proposed to have two (2) Animal Control Officers assigned to Fontana Monday through Saturday and one (I) on Sundays and holidays, providing 104 hours of service, This does not include after hours emergencies, but may also include time off for vacation, sick leave and floating holidays. Calls considered routine, to be handled within a 24 hour time frame include: Confined strays Dead animals Reported stray dogs (running at large) Humane investigations Low risk bite case quarantine Rabies quarantine release Miscellaneous calls such as pet shop investigations, sanitation complaints, license checks, courtesy pick-ups, etc. Calls considered as emergencies during normal working hours, to be handled without delay (normally within 30 minutes) include: Sick or injured stray animals Stray high risk animal bites Dogs on school grounds during school hours Traffic hllZJlrds Agency assists Vicious dogs at large B. Shelter Hours The City of San Bernardino Shelter shall be open to the public Monday through Friday, 10:00 a,m, - 5:00 p.m., and Saturday from 10:00 a,m,-4:00 p,m, The shelter shall be closed Sundays and holidays. A 24 hour recorded telephone message (909-384-5385) will contain information for Fontana residents. C. Emer~encv After-Hours Procedure Procedures for after-hour emergencies are as follows: The reporting party (RP) will contact Fontana Police Department. 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 Fontana Police, obtain the RP's name and phone number, and follow-up with the RP for additional information. Unless requested by Fontana, 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 Fontana Police or Fire, an ACO will automatically respond, The ACO will maintain radio contact with Fontana Police Department using Fontana's radios, San Bernardino will provide a monthly listing of on-call personnel. San Bernardino will provide personnel to train Fontana's dispatchers in on-call procedures, as requested, Emerl!encv Call Criteria 911 6.9 Stray, Injured Cat or Dog Agency Assists (police, Fire, Coroner) Stray Vicious Dogs (after verification by on-duty FPD officer) Loose Livestock if a threat to public safety If the dispatcher determines that the call does not meet emergency call criteria, the RP will be instructed to contact the shelter during regular business hours. San Bernardino personnel will not respond on an emergency basis to loose animals, dead animals, wildlife, confined strays and owned sick or injured animals. 10. Insoection Designated personnel from the City of Fontana may, at any time, inspect the office, sheller, vehicles and any other facilities connected to the servicing of this contract. 11. Reclaimed Animals Animals reclaimed by their owners will be charged redemption fees in accordance with current City of San Bernardino resolutions. Such fees will be retained by the City of San Bernardino. 12. Unnecessary Noises - Chanter 17. Section 31d) The City of San Bernardino will enforce the provisions of the above Fontana Municipal Code in the following manner: (a) When a complaint is received regarding an alleged violation of this ordinance, a letter will be sent to the owner of the animal(s) and the complainant will receive a copy of the letter. The complainant will be advised to keep a log of dates/times the offense occurs. (b) If a second complaint is received, a second letter will be mailed. (c) If a third complaint is received, San Bernardino will forward copies of the file to Fontana's legal counsel requesting the owner of the animal(s) be "long formed" for violation of said ordinance. Fontana's legal counsel will then process the case in the Valley District Court. San Bernardino personnel will not appear in court with Fontana's legal counsel and the complainants on barking dog/crowing rooster cases, but will assist whenever necessary.