HomeMy WebLinkAbout08-Animal Control
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
From: Kenneth Childress
Subject: Resolution authorizing the
Mayor to execute an Animal Control
Services agreement by and between the
City of San Bernardino and the City of
Fontana for the period 07/01/2004
through 6/30/2005
M/CC Meeting Date: July 6, 2004
Dept: Animal Control
Date: June 14, 2004 ORIGWAL
Synopsis of Previous Council Action:
Approved a similar Animal Control Services Agreement that was effective from
02/10/2002 through 06/30/2004.
Recommended Motion:
Adopt resolution.
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Signature
Contact person: K..nn..th r.hilrlr......
phnn,,'1!i1,4
Supporting data attached: Staff Reoort
Ward: NA
FUNDING REQUIREMENTS: Three year revenue contract with the City of
Fontana estimated at $1,814,400.00
Source: NA
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Council Notes:
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Agenda Item No. g
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution authorizing the Mayor, on behalf of the City of San Bernardino to execute an Animal
Control Services Agreement by and between the City of San Bernardino and the City of Fontana
from July 1,2004 through June 30, 2005.
Backeround:
The City of San Bernardino has been providing comprehensive animal control services for the
City of Fontana for the past 10 years. The arrangement has been beneficial for both cities. The
current contract expires on 6/30/2004 and the proposed contract is for a period of one year with
the option by Fontana to extend the contract for an additional two years. This contract represents
a 6% increase over last year. Fontana City Council approved this Agreement on May 18,2004.
San Bernardino provides three full time Animal Control Officers for Fontana Monday through
Friday and one on Saturday, Sundays and holidays, and two part-time License Checkers on
Tuesdays through Fridays. All animals impounded from Fontana and all animals brought in by
Fontana residents are housed and cared for at the City's animal shelter.
Financial Imoact:
Year 1 estimated total = $604,800
Year 2 estimated total = $604,800
Year 3 estimated total = $604,800
Three year contract estimated total revenues = $1,814,400
The FY 2004-2005 Animal Control budget includes the expense and revenue reimbursement for
this agreement with the City of Fontana.
Recommendation:
Adopt resolution.
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RESOLUt~~Y
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN ANIMAL
CONTROL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND THE CITY OF FONT ANA FOR THE PERIOD JULY 1, 2004
THROUGH JUNE 30, 2005.
WHEREAS, state law requires that all cities and counties provide rabies control
programs that include an animal shelter system, and
WHEREAS, the CITY OF FONT ANA desires to be in compliance with state and local
laws in the provision of a rabies control program; and,
WHEREAS, the CITY OF SAN BERNARDINO possesses the qualified personnel and
facilities to perform such services and carry out such programs; and,
NOW, THEREFORE, 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 011" behalf of the CITY OF SAN BERNARDINO an
Agreement for Services with the City of FONT ANA, a copy of which is attached hereto and
incorporated herein, marked as Exhibit "A".
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN ANIMAL
CONTROL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND THE CITY OF FONTANA FOR THE PERIOD JULY 1,2004
THROUGH JUNE 30, 2005.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
, 2004, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
16 MCCAMMACK
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Rachel G. Clark, City Clerk
day of
,2004.
The foregoing resolution is hereby approved this
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
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Animal Control Services Agreement
For the City of Fontana
THIS CONTRACT AGREEMENT ("Agreement") is made this 1st day of July
2004, between the City of Fontana, a municipal corporation (hereinafter "Fontana") and
the City of San Bernardino, a municipal corporation, (hereinafter "San Bernardino").
Fontana and San Bernardino are herein referred to individually as a "Party" and
collectively as the "Parties."
WHEREAS, Fontana desires to provide for a citywide Animal Care and Control
Program, and
WHEREAS, San Bernardino has the knowledge skills resources and experience
that qualify it to conduct a citywide 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:
A Citywide 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 attached hereto and
incorporated herein by reference.
(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 pursuant to a modification
of this Agreement or for extra work shall be agreed upon by Fontana and
San Bernardino, in writing, at the time of such modification. San
Bernardino shall perform no work as a modification or extra work until an
agreement for such extra work or modification, including the price, has
been executed by San Bernardino and Fontana and approved by
authorized representatives for the respective cities.
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 of
$604,800 for the 1 st fiscal year period J.uly 1, 2004 through June 30, 2005;
and, for the 2nd fiscal year period July 1, 2005 through June 30, 2006, in
the amount of $604,800; and for the 3,d fiscal year period of July 1, 2006
through June 30, 2007, in the amount of $604,800; excluding additional
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overtime as set forth in Section 7 (c) in Exhibit 1 in any given fiscal
period.
(b)
Fontana shall not be required to pay any amounts in excess of the sums
in section 3(a) 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).
(c)
San Bernardino shall submit invoices to Fontana on a monthly basis for
the period July 1, 2004 to June 30, 2005 in the amount of $50,400.00,
plus any additional on-call payments during the month that may have
occurred as defined in Exhibit 1.
San Bernardino shall submit invoices to Fontana on a monthly basis for
the period July 1, 2005 through June 30, 2006 in the amount of
$50,400.00, plus any additional on-call payments during the month that
may have occurred as defined in Exhibit 1.
San Bernardino shall submit invoices to Fontana on a monthly basis for
the period July 1, 2006 through June 30, 2007 in the amount of
$50,400.00, plus any additional on-call payments during the month that
may have occurred as defined in Exhibit 1.
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The total Agreement cost shall not exceed the above-referenced amounts
unless Fontana requests additional work in writing.
(d) Fontana shall promptly review invoices and notify San Bernardino of any
objection thereto; absent such objection in writing within ten (10) days of
the date of the invoice, the invoices shall be deemed proper and
acceptable.
(e) 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 (10) days following the 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 or obligation to pay San Bernardino for
services rendered according to section 3 (a) and (c) above.
(f)
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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 (e). San Bernardino shall not discontinue its work for a period of thirty
(30) days from the date of the withholding, as a result of such withholding.
San Bernardino shall have the right of appeal to the Mayor and 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
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withheld sums at the rate of seven percent (7%) simple per annum from
the date of withholding of any amounts found to be 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 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
(a) If either Party fails to perform any duties or obligations imposed by this
Agreement and said failure continues for sixty (60) days after written
notification by the other, then this Agreement will be in breach and non-
breaching party may terminate this Agreement immediately thereafter.
(b)
Either Party at any time may terminate this contract without cause upon
the giving of ninety (90) day's prior written notice to the other Party of
such intent to terminate. Both Parties must give at least ninety- (90) day's
prior written notice to the other Party of such intent to terminate. Both
parties must give at least 90 days prior written notice of intent not to
renew the Agreement. In such event, San Bernardino shall be paid for
the work performed under the Agreement to date of termination.
(c) 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
Bernardinos' performance of duties under the contract.
8. Cooperation with the Health Department
San Bernardino agrees to cooperate with the Health Departments of
California and the governing County on all matters pertaining to rabies, animal
quarantine and animal inoculation program(s).
9. General Liability Insurance
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San Bernardino agrees to keep in force a tall times a comprehensive
broad form general public liability insurance policy against all claims and liabilities
for personal injury, bodily injury, death, death or property damage liability in the
sum of at least five million dollars ($5,000,000.) naming Fontana, the City Council
of Fontana, and its employees as additional insureds.
10.
Fontana's Resoonsibilities
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
necessary by San Bernardino for it to complete the work contemplated by this
Agreement. Fontana agrees to provide all such materials in a timely manner so as not
to cause delays in San Bernardino's work schedule. All materials and equipment
purchased for or provided to San Bernardino by Fontana shall remain the property of
Fontana and shall be returned within ten (10) days of Fontana's written request to San
Bernardino.
11. Fontana's Indemnification
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Fontana agrees and promises to indemnify, defend and hold harmless San
Bernardino, it's 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, corporation, political
subdivision, or other organizations arising out of or in connection with the
performance of this Agreement, 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.
12.
San Bernardino's Indemnification
San Bernardino agrees and promises to indemnify, defend and hold harmless
Fontana, it's 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, corporation, political subdivision, or other
organizations arising out of or in connection with the performance of this Agreement,
excluding such actions, claims, demands, lawsuits and liability for damages to persons
or property arising from the negligence or willful misconduct of Fontana, its officers,
employees or agents.
12 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 such performance.
13. Worker's Comoensation Insurance
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San Bernardino is permissibly self-insured under the Worker's Compensation
laws of the State of California and will provide worker's compensation coverage
for its employees and will ensure that the employees of any of its subcontractors
are covered by worker's compensation insurance in an amount and form to meet
all applicable requirements of the laws of the State of California. Fontana shall
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not provide worker's compensation insurance for any San Bernardino employee,
agent or subcontractor under any circumstances whatsoever. Furthermore,
notwithstanding any other provision set forth herein, Fontana shall not indemnify,
defend or hold harmless San Bernardino, its officers, employees, agents or
subcontractors for worker's compensation claims.
14. Prohibition Aaainst Transfers
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, sublease, hypothecation or transfer.
15. 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 in
compliance with State and Federal Anti-Discrimination laws.
16. Independent Contractor
San Bernardino shall be an independent contractor and not an employee, nor
shall any of its employees, agents or subcontractors be employees of Fontana.
17. Conflict of Interest
(a) San Bernardino or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Acf'), which (1) requires such
persons to disclose financial interest that may 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.
(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.
18. Term
The term of this Agreement shall be for 12 months, commencing on July 1, 2004,
and terminating on June 30, 2005. This Agreement shall renew at Fontana's
option, for an additional two (2) years if renegotiations are not required. Such
renewal shall be for the period of July 1, 2005 through June 30, 2006 for the
amounts stated in section 3(a) and 3(c) of this document. Both parties shall have
the right to renegotiations. Any requests to renegotiate the automatic renewal
terms, or other terms, of this contract shall be made in writing before May 31,
2005 by the requesting Party. A ninety (90) day period beginning June 1, 2005
will hold all monthly payment amounts to the June 1, 2005 invoice amount while
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a new Agreement is negotiated or a termination of contract is agreed upon. If no
Agreement is made within the ninety day period for negotiation, then both Parties
may agree to continue the contract under the original terms or proceed with
termination procedures as outlined in section six (6) of this Agreement.
This entire Agreement will terminate June 30, 2007. If a new Agreement has not
been negotiated prior to the termination date, then San Bernardino may continue
to provide the terms of service in this Agreement for the monthly contract amount
of the June 2007 invoice, plus five percent (5%), for each additional month until a
new Agreement is established.
19. 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.
20. Notices
A 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
Community Improvement Manager
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
909-350-7618
San Bernardino
Director of Animal Control
City of San Bernardino
333 Chandler Place
San Bernardino, CA 92408
909-384-5275
Any notice so given shall be considered served on the other party three (3) days
after the date of mailing. . The address for the notice may be changed by giving
written notice of such change pursuant.to this paragraph.
21. Understandina
There are no understandings or agreements except as expressly stated herein.
22. Attornev Fees
In any litigation relating to this Agreement, the prevailing party shall be entitled to
reasonable attorney fees. The costs, salary and expenses of any in-house
counsel and/or the City Attorney and members of his/her office in enforcing this
Agreement shall be considered as "attorney fees" for the purpose of this
paragraph.
23 Entire Amount
This contract constitutes the entire Agreement between Fontana and San
Bernardino and may be modified only by further written agreement between the
parties.
24. Construction of Provisions and Titles
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All titles or subtitles appearing in this Agreement have been inserted for
convenience and shall not be deemed to affect the meaning or construction of
any of the terms or provisions of such Agreement.
IN WITNESS WHEREOF, the Parties hereto have accepted, made and executed
this Agreement upon the terms, conditions and provisions above state, the day and year
first above written.
CITY OF FONTA~
A~" ~
By:
ark uaimi
Mayor
CITY OF SAN BERNARDINO
A Municipal Corporation
By:
Judith Valles
Mayor
Approved as to Form and
Legal Conte t:
Approved as to Form and
Le I Content:
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EXHIBIT 1
City of Fontana
Scope of Services for
Animal Care and Control Program
1 . City Ordinance
The City of San Bernardino ("San Bernardino") will provide a comprehensive animal care
and control program for the City of Fontana ("Fontana") under the provisions of the
Municipal Code of Fontana which prescribes procedures and standards for licensing,
impounding, regulation and control of dogs, cats and other domestic and wild animals.
San Bernardino Animal Control Department and its officers have the authority to enforce
those codes relating to all matters of animal control contained in the Municipal Code of
Fontana, including codes contained in the supplemental document to Municipal Code of
Fontana titled "Zoning and Development Code". Further, Fontana will consult with San
Bernardino on any proposed new ordinance or ordinance change dealing with animal
control matters.
2.
Term
The term of the Agreement shall be July 1, 2004 through June 30, 2005. Fontana shall
have the option to renew this Agreement for the period of July 1, 2005 through June 30,
2006 and July 1 2006 through June 30, 2007 unless either contracting city decides to
renegotiate the terms of this Agreement. Either party, prior to May 31, 2005 shall give
the other 30 days notice if renegotiations are desired.
3.
Impound. Care and Disposal of Doas and other Domestic and Wild Animals
San Bernardino will operate an animal care and control program for Fontana consisting
of the following activities: field services, shelter services, and licensing. In the conduct of
this program, San Bernardino will perform the following specific functions:
(a) Enforce all provisions of Fontana City Ordinances pertaining to animals, to
include issuing warning notices or citations as necessary. San Bernardino may
utilize a hearing officer, under contract with San Bernardino, to resolve citizen
disputes and conduct hearings for violations of Fontana Municipal Codes.
Citations may be processed through San Bernardino and San Bernardino will
retain all citation revenues under this system. San Bernardino may also file
citations directly with the Court. The City Attorney for Fontana will appear in
court, as necessary, on animal related cases.
(b) The City Attorney for Fontana will process any legal action requiring the filing of
"long form complaints". San Bernardino will provide any and all information to
the attorney necessary to file the complaint.
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(c)
San Bernardino may, from time to time, call upon the Fontana City Attorney for
advice and guidance. In matters where animal control personnel must deal with
the City Attorney for Fontana, the Director of Animal Control or designee will first
clear the contact with the Fontana Community Improvement Manager. Once
cleared, the authorized animal control representative may deal directly with the
City Attorney for Fontana.
(d) Impound all animals caught at large and collect all impound fees assessed.
(e) Remove dead animals from the public right-of-way, except state freeways.
(f) Respond to requests for assistance in the trapping and removal of domestic
animals from public or private property during normal operating hours. San
Bernardino will offer advice in setting a trap in any enclosed space and will
remove wild animals (not including rodents or insects) caught in a trap or found
inside any human dwelling. Animal Control employees shall not be required to
move belongings or maintain on-premise surveillance unless in the opinion of the
Director of Animal Control or designee there is a direct, clear and present danger
to human life. San Bernardino will provide dog traps, but not other animal traps.
San Bernardino will not provide rodent control or insect control.
(g)
Investigate reported animal bites and quarantine, as prescribed by law, all biting
animals and animals suspected to be rabid. 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.
(h) Provide euthanasia services as required for animals held the state mandated
legal holding period if these animals are not reclaimed by their owners and are
deemed unsuitable or unavailable by San Bernardino for adoption. All
impounded animals will be scanned for microchips. Animals with identification,
licenses or microchips will be held up to ten (10) days and attempts will be made
to contact the owner. At no time will animals be sold for research programs.
(i) Respond to every call for service either by animal control officer, letter or phone.
(j) Cats: San Bernardino will not be required to respond to calls of cats running at
large. Confined stray cats or trapped cats shall be picked up on request. Traps
for the purpose of capturing cats shall be made available to the residents of
Fontana by the City of Fontana. The traps shall be stored and rnaintained by
San Bernardino at an appropriate location for residents' use. All traps for the
purpose of animal control shall be of a specific model as approved by the San
Bernardino Director of Animal Control. Unless exceptional circurnstances exist,
residents of Fontana shall be responsible for obtaining, monitoring and returning
all traps used for this purpose.
(k) All services available to San Bernardino residents for which there is a fee shall
be made available to Fontana residents for the same fee.
(I)
Fontana residents may bring stray, un-owned animals to the San Bernardino
shelter at no charge to the resident.
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4.
Doa Licensina Proaram
San Bernardino will sell dog licenses to Fontana residents. Licenses may be purchased
at the shelter, Fontana City Hall, or through the mail. Fontana residents redeeming their
dog(s) will be required to purchase a license prior to the dog's release. San Bernardino
will conduct low cost rabies vaccination clinics in Fontana twice annually. Two (2) part-
time license canvassers will be assigned by San Bernardino to work in Fontana to
secure compliance with Fontana dog license laws. Excluding holidays, the license
canvassers shall be assigned to work in Fontana Tuesday through Friday each week.
All licensing revenue generated by Fontana residents will be accounted for in monthly
accounting statements provided to Fontana by San Bernardino and remitted by San
Bernardino to Fontana on a monthly basis.
5. Animal Care Education and Information Proaram
San Bernardino will provide public educational/information programs to Fontana
Schools, City employee groups, service groups and other organizations, upon request.
6. Veterinarv Services Proaram
San Bernardino will provide private veterinary services for the care of injured and sick
animals that are impounded. The cost of this service is included in the contract price.
7.
Staffina Level and Hours of Service
(a) Field Services
San Bernardino will provide field services for Fontana seven (7) days per week.
Routine services will be performed daily 8:15 a.m. to 5:15 p.m., with the
exception of Christmas Day when an animal control officer will be placed on-call.
San Bernardino will provide emergency call out daily from 5:15 p.m. to 8:15 a.m.
Fontana will supply a minimum of.three (3) hand held radios and chargers to be
kept at the San Bernardino Animal Shelter for Sunday and holiday dispatch and
emergency contact. Fontana Police Dispatch and Code Enforcement may
contact animal control field personnel via radio on these days for service.
San Bernardino will provide three (3) animal control officers available to respond
to calls for service in Fontana Monday through Friday, and one (1) on Saturday,
Sunday and holidays. This does not include after-hours emergencies relating to
emergency call outs, but may include time off for vacation, sick leave and
holidays.
Calls to be considered routine and to be handled within a 24-hour time frame
include:
. Confined strays
. Dead animals
. Stray dogs running at large
. Humane/Animal Cruelty investigations
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. Low risk bite case quarantine
. Rabies quarantine release
. Trapped cats
. Wildlife in human dwellings (not including rodents or insects)
. Miscellaneous calls such as pet shop investigations, sanitation complaints,
license checks, for-fee pick-ups, courtesy pick-ups, etc.
(b) Shelter Hours and Teleohone Line:
The San Bernardino shelter shall be open to the public Monday, Wednesday,
Thursday, and Friday, 10:00 a.m. to 5:00 p.m., Tuesday 1 0:00am to 7:00pm and
Saturday from 10:00 a.m. to 4:30 p.m. The shelter will be closed on Sundays
and holidays.
A direct line for Fontana residents will be staffed by a clerk/call taker who will
address calls from Fontana residents exclusively, during normal operating hours
Monday through Friday.
(c) Emeraencv After Hours Procedures/Overtime
(1) Limit on Overtime Calls. Overtime due to emergency calls in Fontana will be
limited to 250 hours per year ("Limit"). "Overtime call(s)" are defined as any
call made after regular shelter hours as described in Section 7 in this Exhibit.
(2) Additional Overtime Calls.
(A) Hourlv Rate If and when the Limit has been exceeded, overtime
calls will be billed on a call-by-call basis at a rate of $42.85 per
hour, and will be included in the monthly invoice submitted for
payment as identified in Section 2 (c) of the Animal Control
Services Agreement "Additional Overtime Calls".
(B) Actual Time Worked. Hourly billing rates will be paid based upon
actual time worked by the responding animal control officer.
"Actual time worked" is defined as the time from which the animal
control officer is contacted by phone or pager to the time the
officer appropriately disposes of the call.
(C)
Maximum Hours. Unless exceptional circumstances warrant, any
additional overtime call shall be paid for a maximum of two (2)
hours per call. If an Additional Overtime Call should exceed the
two (2) hour maximum, the Fontana Police Department Field
Services Division Captain shall be contacted the next regular
business day by the Director of Animal Control or designee and a
determination made whether the call warranted more than two (2)
hours. If it is determined that the call did not warrant more than
two (2) hours, then the maximum rule for payment of two (2) hours
will be applied. Fontana will not be responsible for paying any
Additional Overtime Calls unless initiated by Fontana Police or the
Community Improvement Manager.
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(3) Procedures for Overtime Emeraency Calls are as follows: The reporting
party (RP) will contact the 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.
The dispatcher will advise the RP, to remain by a phone for contact by the ACO.
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 of Code Enforcement, the ACO will
automatically respond. The ACO will maintain radio contact with Fontana Police
Department using Fontana radios. San Bernardino will provide a monthly listing
of on-call animal control personnel. San Bernardino will provide personnel to
train Fontana dispatchers in on-call procedures, as requested.
Emeraency Call-Out Types
Injured stray animals
Sick stray animals
Agency assists
Stray vicious dog (after verification by on-duty FPD officer)
Loose livestock if a threat to public safety
Wildlife threatening public safety
Emergency Calls will be handled within thirty (30) minutes of receipt by San
Bernardino when practicable. If the dispatcher determines that the call does not
meet emergency call out criteria, the RP will be instructed to contact animal
control during regular business hours. San Bernardino personnel will not
respond on an emergency basis to loose animals, dead animals, wildlife outside,
confined strays and owned sick or injured animals.
8. Inspection
Designated personnel from Fontana may, at any time, inspect the office, shelter,
vehicles and other facilities connected to servicing this Agreement.
9. Reclaimed Animals
Animals reclaimed by their owners will be charged redemption fees in accordance with
City of San Bernardino resolutions and applicable state laws. San Bernardino will retain
such fees.
10.
Unnecessarv Noises - Chapter 18 Section 18-63 (4)
San Bernardino will enforce the provisions of Chapter 18, Section 18-63 (4) of the
Fontana Municipal Code in the following manner:
RVPUBIHA VIV A.SHANE\668620. 1
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(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 offenses occur.
(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 Code Enforcement for disposition.
San Bernardino personnel will not appear in court with Fontana legal counsel for
complaints on barking dog/crowing rooster cases, unless requested, but will
assist whenever necessary.
RVPUBIHAVIVA.SHANEI668620.1
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OFFICE OF THE CITY CLERK
R~cHEL G. CLARK, CM.C. . CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.cLsan-bernardino.ca.us
C"
July 9, 2004
Bea Watson, City Clerk
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Dear Ms. Watson,
Enclosed, please find one fully executed copy of the Animal Control Services Agreement
between the City of Fontana and the City of San Bernardino.
If you have any questions, please do not hesitate to call me at (909)384-5002.
Sincerely,
n ". ~.,
(111(G~&.o dx/lM._
Michelle Taylor (,
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity' Honesty