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HomeMy WebLinkAbout1993-287 RES 93-287 1 RESOLUTION NO. 93-287 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF FONTANA FOR ANIMAL CARE 3 AND CONTROL SERVICES. 4 5 6 7 8 9 10 11 12 13 14 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 greement with the City of Fontana relating to animal care and control services, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a rp.:qnlar meeting thereof, held on the 2nd day of , 1993, by the following vote to wit: August AYES NAYS ABSTAIN ABSENT x x x x x x 24 25 / 26 / 27 / 28 / / 6-29-93 a~ (!l~ City Clerk -1- 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF FONTANA FOR ANIMAL CARE 2 AND CONTROL SERVICES. 3 The foregoing resolution is hereby approved this ~~ day of 4 Au ust, 1993. 5 ~ rnV~ " . Tom Mlnor, Mayor City of San Bernardino 6 pproved as to form and legal content: 7 AMES F. PENMAN 8 City Attorn~eY 9 By:~ff11C=_-~~ 10 / 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6-29-93 -2- .,~. Res. 93-287 ORIGINAL 5 :;.'~;:' DIU.'. COII'!RQL ..~vrcl!:s AGUJDU:_r (lJ 'rHIS AG1\IEMI!:N'%' ill made thia l"'" day of Avti<4-J- I 1993, betwe.n the City of ~ontana, a mun1cipal corporation (hereinafter "Fontana") and City of San Bernard.lno, a Munic.l.pal Corporation (hezoeinafter 'San Bernardino"). WHI1\!AS, Pontena deaires to provide tor a city wide Animal Care and Control program, and WHEREAS, San Bernardino has the ~nowledqe, akills, re&ource. and experience that qualify it eo conduct a city wide Animal Care and Cofttrol proqram. 110" , TJlIUrOU, P'OIf'fAIIA AND ,All .SlUIARDIRO MUTUALl.! AGUE 'BAT. 1. dan Bernardino Servieel San Be~nardino will pB~form certe1n services as set out berein to develop and implement the followinq: City Wide Animal Care and control Proqra~ 2. Scone of Services (a) San Bernardino will perform the work as let out in the followlnq Scope Qf services included in the contract as Ixh1bit 1. (b) Fontana, with th.e express written consent of San Bernardluo may modify the Scope of Work to be performed under this aqreen\l!lnt. (Q) Anything not inclu~ed in Sxh1b1~ 1 Ihall con;titute .x~ra work. The price to be paid by Fontana tor any worK performed F~R/..t'on'.n.~.~grl RES 93-287 I -. 6 pursuant to & modification of this A9~~ement or tor extra work, .hall be u aqre.d upon by Fontana and Sail Bernardino, in writing, at the time of such modification. No work shall be performed by Ian Bernardino ae a rno~ific.tion or extra work until an agreement fOr eame, including the price, has been executed cy San Bernardino and Fontana and approved by their re.p8ctive Mayors and Councils. 3. ~onglder8~ion (.) Fontana agrees to compenlllate San Bernardino for .ervio8s and work products dB defined in Bxllibit 1, Scope of Services, in the amount not to exceed $99,000.00 for the period of AuqU.t 16, 1993 thruugh December 31, 1993. Fontana Ihall not ce required to pay <\lny amount; in exceel5 of thie sum, whether for oo~yin; ~08t8, incidental, direct or inQi~ect costs or any type inourred by San 8ernardino. Th18 section shall nct limit the ability of the partiee to amend this agreement to provide tor extra work in t:he manner eet forth in paragt'aphs 2 (b) and. 2 (C) . (b) San Sernardil10 8hall submit invoices to Fontana on iii monthly basi. in the amount of $11,000,00 tor the month of AUQUSt, and $22,000.00 per month for tne months of Septem:oer, october, Novell\k)er and Oecember, 1993. The total project cOlit IIhall not Clxceed Ull,OOO.OO, un1eu additional work is requested in writing '.i I. by Font-ana. (CI) Fontanll ehall promptly l:.view invoicu and notUy San Bernardino of any objection thento; absent such objection in writing witl\in ten (10) del'. of the date of the invoice, the if:" Lnvo.l.cee shall be deemed proper and <\lcceptl!l.ble. " , I' ! ',I f~/.~C,..t.noi.Atr~ RES 93-287 . . 7 (d) If 10ntana fail. ~o pay San Bernardino within thirty (30) worklnq day. .f~er the invoice. are submitted, Fontana aqreea San BernarcUno Ihll.ll have the riqht, after written notice to 'ontana, to consider such default in payment a material breAch of this entire aqreement. Fon~an. shall have ten (10) days following dato ef lIuClh wd.I.Len notice within which to correct such breach. If Fontana continue. to fail to make payment, the duties, obl.i.gaUozu, o.nd rellponlibilities of San Berll.ardino under this Aqreement o.re terminat.d. S1,lCn termination by Gall. Bernardino doell not reloue Fontana from ehe auty and obligation to pay San Bernardino lor 'ervice~ rendered accordinq to section 3(a), (0) above. (a) I!'onto.nll may withhold poyment of any disputed sums until ijotilfaction o~ th8 dispute with respect to .uoh payment. Such withholding .hall not be deemed to constitute a failure to pay as that term is u.ed in *ubparl9rAph 3(~), SAn Sernardino shall not disoontinue its wo.k to~ a period of thirty (30) days from the cSaU of withholding, as a result of luch withholding. Son Sernordino .hall have ,i,l\lI\lediate right of appeal to the Mayor and City Council of Fontana wi~h respect to Iluch disputed sums. 'rhe detormination of the Mayor and Ci~y Council with respect to such matter shall be final. San Bernardino .hall be entitled to l:'eCelV8 i!\terest on llny withheld sums at the rate of seven perolilnt (7\) per annum from date of withholding ot any amounts found to have been improperly withheld. III ',R/oLCPo",ona2.4gr3 RES 93-287 8 4. per.onnel SIn Bernudino repreuntll that it pOBSlilues t.he prof...ional and technical perlcnnel required to perform the .n'vioe. required by this Aqreement. San Bernardino shall not luboon1::tact for any additional personnel without prior written approval of Fontana. B, Per.onnel Sub&t~tionB All the eervices deseribed in Exh1b1t 1 shall be performed by San Bernardino or under its supervision. San Bernardino aqre88 that all parsonnel engaged in performlnq the services are fully qualified and are 4uthori~ed or permitted under state and local law to perform luoh services. 6. '1'erminat.icn If either party fails to perfornl any duties or obliqations impoled on it by this contract and said failure continues for sixty (60) daYII after written not.Hication by the other, then this contract will be in total breach and. said other ~arty may terminate t:hil cont~ract. immediately thereafter, Either part.y at any time may terminate thie contract without Claul6 upon the qiving of sixty (60) daye' prior written notic. to the other of such intent to terminate. Both parties muet qive a1: lealt lIixty (GO) day' prior writ.cen notice of intent not to ren.w tn., contract. tn luch event/ San Bernardino shall be paid. for the work performed u~der the Aqrlement to d.ate of termination. San Bernardino further covenants to give iti qood faith cooperation ln tne tranafftr of rh~ w~r~ to any othor QOnoul1:.4~t ~~ RES 93-28,7 .-.,,' 9 . , I:I'~ '" ." :'<I r. ... urviee provider employed by Fontana :0110w1n9 termination hereunder and to participate in .~ch 'roasenable number of m.etin~s at no COlt to Fontana as ahall be deemed neeeseary by Fontana to effeotively accomplish such traneter, 7. Coo'O.ration Fontana agree. to reasonably cooperate wi1:h San Bernardi.no in San Sernardino' is per!o:':nance of du~i.e under the contn.c:t, e. Fontana'. Re.oon.ibl1~tie8 Pantano. shall hrnieh tv b.n B,ernardino maps, existinq .tud!.., ordinances, data and ether existing information and materials in Fontaua'l pOlsession ae shall be determined by San Bernardino that 18 necessary for San Sernardino ~o complete the work oon'cempll1'ted by this Agreement, Fontana further agree Ii to provide all .uoh materials in a timely manner 80 as to no~ cause delays in San Bernardino', work schedule. 9. Iftd.mnlfioatlon 'ontane agr..o and promises to indelllllify, defend anCl hold harml... San Blrnardino, i~s officers, employee. and aqents, from and against all actions, clallnl, demands, lawsuits, and liability for damaqll to person. or property that may be asserted or claimed by any person, firm, entity, corporation, political 8ubdivilion, or other orqaniz;atiolll arising out ot or in connection with the provilion of the .ervices by San Bernardino, operations or activit-ie. of Sen Bernardino, its Qff:..cers, employees or agent., but exeludinq such actionl, claims, ~.mands, lawsuits and liability for damaiU to penonlS or propeL'ty 4r18inq !rom t~ _~ negligence RES 93-287 " !I:'-'" , I' . ,. " 10 or willful misconduct of San Bernardino, its otficers, employees or ago.ntl1. 10. Warranty aan Bernardi no mek.. no warronty, ei thel' express or implied, ae t.o .i.ta tindinq., reoommend.ations, plana, reports, prof...ional advice or other work except that the work was performed in accordance with qenerally accepted .tandards of practice in effect at the time ot pertormance. 11. Worker'. ComperHlation Il1llurance San Bernardino .hall cover its employees with Workers' comp'nea~ion inluranee and en.ure that the employees of any of its .~boontr.ctorB are covered QY workers oompensat1on insurance in an amount and form to me.~ all applicable requirements of the ~abor cod. of the State o! California. 12. Prohibition Against Transfer. (.) San Bernardino ahall not asaign, 8ublealle, hypothecate, or tranllfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwi.e without the prior written consent of Fontana. Any attempt to do 10 without eald coneent Ahell be null and void, and any aaslgnee, .uble...., hypothecate or transferee shall acquire no right or inte.est by re..on of such attempted a.signment, hypothecation or transfer. 13. Anti-Dlscr~ination San Bernardino eert1fl.a and agrees that all persone employed by San Bernardino are and will be treated equally by San aernardino without regard to or because of race, reliqion, RES 93-287 11 anoestry, national origin, handicap, or sex and compliance with State and reder.l An~i-Di8orim~nation laws. ~,4. Ind.p.nd.n~ contr.c'l:O~ San a.rna~dino shall be an independent contractor an~ not an employee, nor sh.ll any of its employees, aqents or .~boontr~Qtore be an employee ~f Fontana. lD. Conflic~ of InterAAt (a) San Bernardino or ita empl~Y8.s may b. subject to the provisions of the California Politica~ Reform Act of 1~74 (the ".\ct"), which (1) req"l.ul such persone to disclose financial interest that may foreseeably be materially affected by the work performed under thie A9r.emen~, and (2) prohibita Such persons from making or participatinq in making decilions that will for....ably financially affect suoh interest. (b) San Bernardino shall conform to all r&qui~.ment8 of ~he Act. P5ilu~e to do 10 constitutes a material breach and ia grounds for termination of the Agr6ement ~y Fontana. 16. hm '1'he term of this 4qreement: ,helll be !Ol.' four and one half (4 1/2) monthe commencing ou August 1~, 1993/ and terminating on December 31, 1993. The partiea may mutually agre. to extend the contract on en interim basia if a new agreement is not reaChed by I)ec.mblllr 31, 1993. Such intel.'J.m extension ahal: be Bt the contract amount of $22,000.00 per month. III III RES.93~287 12 . 17. tnv.lldA~iQ" In the event any provilion of thi. Aqreemen~ shall b. held to be invalid and unenforce.ble, the oLhur provilions of this A9re.ment ahall be valid and binding on the parties thereto. 18. Not.ieea Any notice required or d'_ired to be qiven pursuant to thi. Agreement shall be iiven in wri~ln9, and .ent by certified mail, return receipt requeited, addreseed 4S follows: Jtoftt.ana S.n BernArdino City Managar City of Fontana S351 Sierra Avenu. Fontan., CA 92335 (909) 350-7654 Oirector of Animal Control City ot San Sernardino 333 8lo0d iank Road San Bernardino, CA 9240B (909) 384-5048 Any notice eo given shall be cOllddered served on the other party throe (3) daye after date of mailin9. The addr... for notice may be changed by giving Written notice pursuant to this paragraph. 19~ Uftd8r.tandinq Thero are no underetandinlJe or aqreements except a. .xpre..l~ seated here.!.n. 20. ~ftforc.m.ftt Thi. A9reement shall be construed and enforced in accordance with the laws of tbe State of california. 21. Entire Aareement ~hie contract con.titutee the entire Agreement between Pont ana and San Bernardino and may b~ rnodi:!'ied only by further written a9reemen~ between the parties. RES 93-287 . ," ..-c:'::. 13 IN WI~BS WNIREOF, the pareie~ her.eo have acOepted, made and exeeut.d thi. Agreement upon tno eerm., conditions and provisione &bove at.ted, ehe day and year tirlt above written. cur 0.. 'O.~AlfA A MUfti . rporation cxn OF SAlI' URIIARDINO A MuniCipal COrpOration BY:~ / ~ )j'Uu~ -'Tom M nor Mayor BYI ~~~// $hauna Olark Oity Administr4tor APPROVED AS TO rORM o LEGAL CON,~ENT; . /7 ~/~ C a H. A sop Stephen P. Delt~cb City Attornllly CITY OF FONTANA APPROV~D AS TO fORM AND LEGAL CONTEN'1' e. . P ity Attorney CITY OF SAN B~KNARDINO ~~~ RW&J:d Stout F~ CHIIlIP or POLICE iObert A. Graham tuSK MANAan I ,RES 9~-287 14 -i. IZIIII!' "1" C%!l'Y or rOM!'UA .eo,. or IlaVICt, UlNAL CAllI UD aonROz.. 1. ~~. ~~!8aa~. The City of San lernardino will provide Animal Control and Animal Welfan Services to the City of Fontana ("City") under the exi.ting provisions of City Ordinances prescribing prOOedures and Itand.rde for licensing, impounding, regulation and control of dogs and other dom&6ltic and wild. animals ail stated in Chapter 5 and Chapter 17, Section 3d. Further, the City of San Bernardino will alsilt the City in drafting and implementation of new or revised animal control ordinances as required by the City. 2. kra The term of the a;reement _hall be from August 16, 1993 through December 31, 1993. (See item number 11 for the iervices to be provided during the period of August 15, 1993 throuqh August 31, 1993 . ) 3. I.Deu.d aar. and Disposal of DOG. and Oth.~ Dome.tia and Wild &Ill..I. The City of San Bernardino will operate an animal control pro~r.m !o~ the City consiatinq of the followinq three activities: field nervieei, shelter service., and licensiQ~, In the conduct of ~hi. proqram, the City of San Bernardino wil~ perform the following lilpecific functions: (a) !nforee all provision. of the City of Fontana exiatinq ordinancu pertaini.ng to animals I incluc1inq the ialiuill~ of warnins notices or oitations as necessary. If the rontana court is agreGable, citations will be processed through the City of San 6e.n~rdino as their own Clerk of the court. All citation revenues will be retained by tne City of SaIl lhlrnardino under: thIs .yetem. Should SlSIl Bernard.1no be unable to ule their own cit..ations system, Fontana shall provide !'olics I)epartment oitat.1.on book. for uu in thltir City. Such citations will be filed in the Valley Diitrict Court. (b) Impound all animals caught aL large collect all impound fees aneue.;!, and. 4" f , RES 93~87 (e) (f) (g) (h) ,'1-' 15 (0) Remove d..d animals from the public riqnt-of- way, .xoept State and Federal hiqhways. ae.pond. to request. for assbtance in tile trapping and removal Of dom..tie or wild animals from public or private property. The City of San l3ernardino will offer advice ill setting a trap in any enclosed epace and will remove wild animale caught in a trap, but Ihall not be required to move belongings or maintain on premise. surveillance unless in the opinion of the Director of Animal Control or his representative there is . direct, clear and pre.ent danger to human life. The City of San Bernard.ino i. not required to provide traps nor ahall the City of San Bernardino be required to provide vector control. Investigate r~port.d animal bites and quarantine as preacribed by law all biting animals and animals luspected to be rabid. Th6 City of San Bern~rdino may ~nitially receive animal bite reports by telephone, but ehall also respond in person to all reported bitea by doq. or other suspected ra~id or wild animals. The City of San Bernardino Shall take appl"opriau Itepa coubtent with the ciroumst.ancu of each separate incident to locate and impound the sUlpect animal or animals and/or .a.ist the complainant and/or injured party or parties to trap the AUlpeoted animal or animals. (d) Provide euthana.ia services as required for animals held three (3) daYI if thess animals are not reclaimed by their owners and are ~eellled unsuitable by the City of San Bernardino for adoption. Animals with ic1entiUcation will be held for 10 days and attempta will be made to contact the owner. At no time will animals be sold for res.arch proqram9. Respond to every call for service either by an animal control officer, letter or phone call. eatel Tho cit.y 0:1: San Bernardino does not respond to calla Qf cata running at larqe, nor do they pick up confined cats, except in aaaes 'w1 th exceptional circums~ance8. RES 93il87 16 (i) All .ervic.. ~o City of San Bernardluu re.1d'nts fo~ whioh thete ie . fee ahall be mad.. available to Cit.y of- ~ont.nll relident. for the same fee. 4~ Dee ~aaa.1Ba .r~a... San Bernardino ~ill eell do; licensee at the ehelter to thole rontana re.ident, who redeem their dogs. San Sernardino will not be re.poneible during the interim contract for dog license renewals, unleu previol.lSly purchued supplies can be obtained fro1\\ Riversidll Humane society. All license revenues will be remitted to the City of 'o~t.n<<. . 5. v.~.~~...v 8.rv~a.. .raa~&m. Private veter1nary services will b~ provided by the City of San BernardinO for the care of impoundea, injured and sick animal.. The coat of this service will be included in the contract price. 6. .i.l. ...via.. 'an Bernardino will apprehend 4UQ 1mpounQ all animals caught at large and will provide routine fi~ld ..rvice8 for Fontana Monday through rriday, 8115 a.m. - 5115 p.m., and Saturday from 8:00 a.m. - 5:00 p.m., excluding holidays. The City of Bin Bernardino will provide ~m.rg.ncy ce.ll-out. 'rho Cit:r of !'ontana will supply a minimum of two (Z) hand-held radios and chargers for emergency contacts to be kept at the San 8ernardlno Animal Shelter. ? .~.l~.r .ou~. The City of San aernardino Shelter shill be open to the pul:>lic Monday through Friday, 10:00 a.m. - 5:00 p.m., and Saturday from 10:00 a.m. - 4:00 p.m. The .helter shall be closed Sundays and holid.ays. A 24 hour recorded telephone mesIage will contdn information for Fontana residents. 8. "el.L... AB1a.l. Animal. reolaimed by their owners will be charged redemption fees in accordance with current city of San Bernardino resolutions. such fee. will be retained by the City of San Bernardino. g. UBa.a....~ No!... - ebaDeer 17. ..Ct10D 3~d) The Ci~y of SGn Bernardino will enforce tbe provisions ot tbe above Fon~ana Municipal co~. in the followinq manner: (4) When 4 complaint is received regardin; bark1nq dog_ or growing roosters, << letter w.l.ll be lent to both the ownor of the animal(s) and RES .93-287 .. 17 the Clompll!l1nant. advL.ed to keep of:h~*. OOClUl:'ll. (b) If. second Qomplaint is l;'ece!v8d, .. lecond letter will be ~il.d. '%'1\. aompla.l.l'lent wUl b. a log' of da~el/times the (e) If .. third complaint 1s received, San Bernardino will forward copies of the file to rontena', legal ooun.el requesting the owner of the animal(l) be "10n9 formed" for violation of laid ordinance. rontana'D le941 counsel will then process the Case 1n the Valley 01strict Court. San Bernardino personnel 1011.1.11 not typically be required to eppesr in court Wi. th Fontena' 8 leqa1 counsel (unl... they are perCipient wi tneSs88) and the lOompla!nants on barkin9 dog/orowing roolter aSSai, but will dedit . whenev.r nac....ry and will appear in COurt in epeei.l cireumltances.. . ; 10. ---".neY Af~.r-Bour. P~oq.4u~. , Pt'ooedurea for after-hour emergencies are as follows: The reporting party (RP) will contact Fontana Police Department. If the dispatcher de.ms the call an emerqeney (8.. criteria below) diliatcher will page the on-call Animal Control Officer (ACO), ACO wi1 contact Fontana Polic., obtain RP name and phone number, and follow up with RP for additional information. ACO will then notify di.patch as to whether the call warrants a rellponle. If the emerqency re.ponse i. an agency a..ist request by Fontana poliee or Pire, an ACe will automatically relpond. Th. Ace will maintain radio contact wLth Fontana Polioe Department using Fontana'. radio.. ...r~.be. e.ll e~it.rl, Stray, InjureQ Cat or Dog Aqency AIl.i.ts (PoliCG, ~!re, Coroner) Stray Vicious Dogs (tlfter v"ri:C,i,<.:tt.tion b'i on-duty FPD officer) LOOI. Livestock if a threat to public satety If tll. dhpsteher dllltltrnlines that the call doe. not me$t emergency call criter1e, the caller will be inltructed to contact the Shelter durinq regular bUlin.e. houri. San Bernardino perlenn.l will not re.pond on an emergency basis to loose animals, d..d animal., wildlife, confined strays and owned sick or injured an.!.lllal.. _~.y.. RES c}3-287 .- 11. " i . 18 ::L:r':.~:~\ w~;;.,r::! t::"~t~ +'::rl:ll::J.~r:ufu~~Utl:- 111I3 +.yall,1l Allbee 31. 1193 at tile raU .et for" i~ D.~~9;.Hi l(b\ 2,f elle AIIl'II_nt: (a) aemove de.d an~malB trom the pU~Lic riqht-of- way, excapt State and 'ederal highways once per day, Monday throuqh Friday, Dead animal removal on Saturday and Sunday will be provided if resource. are availabLe. InVeetiqate reported animal bites and qUannHne lIB pn.crJ.l:lC~d by law all h1tin\1 .nima18 and. an.l.mall s..~pectEld of belnq rabid. The City ot San Bernardino may initially rae.lve animal bites by telephone, but shall alBO respond in person to all reported 01t.. by dogs or other 8usp~ct.d rabid or wild animal.. The City of San Bernard.ino shan . take appropriat.e stepll condltent with the cirClumltanoes of .ach .ep6rate incident to looate and impound ~he suspect animal or arlimal. and/or anist the complainant and lor injure4 party or partie. to trap the sUlpected animal or anImals. (b) (CI) Re.pond to .tray unOWned lic~ or injured aftimall .I.f resource. are avalla~le. (0) (.) City of !'onl.sllll nl1delH.1i may t1r1n9 stray unowned. animals to the Clty's Ihelter at no chat'qe. Provide emergency after hours lervice, if nec.sBary, as determined. by the Director of Animal Control.