HomeMy WebLinkAbout09-Animal Control
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Kenneth Childress
Subject: Resolution of the Mayor and
Common Council authorizing the Mayor
to execute an Animal Housing Services
agreement by and between the City of
San Bernardino and the City of Colton
for the period 07/01/2004 through
6/30/2007
M/CC Meeting Date: August 2, 2004
Dept: Animal Control
Date: June 30, 209~OR\G\N~l
Synopsis of Previous Council Action:
Approved a similar Animal Control Housing Agreement that was effective from
07/01/2001 through 06/30/2004.
Recommended Motion:
Adopt resolution.
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Signature
Contact person: K..nn..th r.hiltlr......
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Supporting data attached: Staff Rennrt
Ward: NA
FUNDING REQUIREMENTS: Three year revenue contrllct with the City of
Colton estimated at $120,000.00.
Source: NA
Finance:
Council Notes:
12R"<'\~ ?J'04 - 2-4:3
Agenda Item No. -9
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the Mayor and Common Council, authorizing the Mayor to execute an Animal
Sheltering Services Agreement by and between the City of San Bernardino and the City of
Colton from July 1,2004 through June 30, 2007.
Back!!:round:
The City of San Bernardino has been providing animal sheltering services for the City of Colton
for the past 7 years. The arrangement has been beneficial for both cities. The current per animal
charge will remain at $30 for each dog and $19 for each cat with a one time surcharge of $2,100
to cover disposal fees. Approximately 1,800 animals are taken in annually from the City of
Colton. The current contract expired on 6/30/2004 and the proposed contract is for a period of
three years.
Financial ImDact:
Year 1 estimated total = $40,000 (Included in City's FY04/05 budget)
Year 2 estimated total = $40,000
Year 3 estimated total = $40,000
Three year contract estimated total revenues = $120,000
Recommendation:
Adopt resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN ANIMAL
HOUSING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND THE CITY OF COLTON FROM JULY 1,2004 THROUGH JUNE
30,2007.
WHEREAS, state law requires that all cities and counties provide rabies control
programs that include an animal shelter system; and
WHEREAS, the CITY OF COLTON desires to be in compliance with state and local
laws in the provision of an animal sheltering system; 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:
17 SECTION 1. The MAYOR of the CITY OF SAN BERNARDINO is hereby
18 authorized and directed to execute on behalf of the CITY OF SAN BERNARDINO an
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Agreement for Services with the City of Colton for Animal Housing Services, a copy of which
is attached hereto and incorporated herein, marked as Exhibit "A",
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN ANIMAL
2 HOUSING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN
3 BERNARDINO AND THE CITY OF COLTON FROM JULY 1, 2004 THROUGH JUNE
30,2007.
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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
ABSTAIN
ABSENT
NAYS
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
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Rachel G. Clark, City Clerk
19 The foregoing resolution is hereby approved this
,2004.
day of
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Approved as to
23 Form and legal content:
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Judith Valles, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
By: ~"".. ? /~
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
EXHIBIT A
THIS AGREEMENT ("Agreement") is entered into this 151 day of July 2004, by
and between the CITY OF SAN BERNARDINO, a municipal corporation (hereinafter
"San Bernardino"), and the City of Colton, a municipal corporation (hereinafter
"Colton").
WHEREAS, Colton desires to provide for its citizens an animal housing service;
and
WHEREAS, San Bernardino has an animal shelter and other facilities and
resources that qualify it to provide animal housing services for Colton for handling the
impounding and disposal of animals;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS, AND CONDITIONS CONTAINED HEREIN, THE PARTIES
MUTUALLY AGREE THAT:
I. ScoDe of Services. San Bernardino will impound, care for and dispose of animals
delivered to the San Bernardino Animal Shelter by residents of, or official
representatives of, Colton according to the provisions of this agreement.
2. ImDOUnding and DisDosal of Animals. San Bernardino shall, through its Animal
Control Department, accept, impound and dispose of dogs, cats or other animals,
which are delivered to the San Bernardino Animal Shelter by an agent, officer, or
employee of Colton, and all loose or stray dogs and cats brought to the San
Bernardino Animal Shelter by anyone from within the incorporated area of
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
Colton. San Bernardino shall, for and on behalf of Colton, pursuant to applicable
laws, release to owner, adopt, humanely destroy, or otherwise dispose of all
animals received. No domesticated animal shall be disposed of without an
attempt to notify the owner, if the owner is known by San Bernardino. San
Bernardino is not obligated to accept or dispose of wildlife. San Bernardino
shall not provide for emergency veterinary care. Colton is responsible for
transporting and seeking appropriate emergency treatmentfor ill and/or injured
animals.
3. Holding Periods. No healthy stray dog, stray cat, or other stray domesticated
animal shall be disposed before the time allotted for under state law unless the
owner ofthe animal gives written authorization for earlier disposal. After the
required holding period, the animal becomes the property of San Bernardino and
San Bernardino is authorized to dispose of the animal in any manner permitted by
law, including City of San Bernardino ordinances. Animals requested by Colton
to be held longer than required by law, other than rabies quarantine, shall
additionally be charged by the prevailing Daily Board Fee, as set by City of San
Bernardino Resolution (such instances shall include, but are not limited to:
animals held as "evidence" in cruelty or other court cases). Rabies quarantined
animals will be held for ten (10) days from the date of the bite with no additional
charge to Colton. Animals surrendered by the owner shall be held in accordance
with state law.
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
4.
Warrantv of Lawful Apprehension. Colton warrants to San Bernardino that all
animals impounded by its agents, employees or other authorized representatives
have been apprehended and impounded pursuant to existing laws.
5. Consideration.
a. Colton shall pay to San Bernardino $30.00 for every canine (dog or puppy),
$19.00 for every feline (cat or kitten) impounded and $10.00 for every other
animal. A litter of unweaned puppies and kittens, or other unweaned animals
shall be charged as one animal and may be euthanized immediately upon
impounding by mutual agreement of Colton and San Bernardino. Animals
delivered by Colton that have been released by their owner shall be charged at
50% of the per animal fee. Additionally, Colton shall pay for livestock and
other animals delivered to San Bernardino under the terms of this agreement
the following fees:
DAlLY BOARD AND/OR CARE
LARGE LIVESTOCK (Over 500 Ibs)
12.50 per day
(Horses, Mules, Donkeys, Cattle, etc)
MEDIUM LIVESTOCK (under 500 lbs)
10.00 per day
(Goats, Sheep, Pigs, etc.)
SMALL ANIMALS (Rabbits, chickens, birds, reptiles, etc.)
5.00 each
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
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San Bernardino shall present an invoice on or before the tenth day of each
month for the amount due. Colton shall pay said invoice not later than the last
day of the month in which billed. Colton shall pay an annual fee of$2100 for
dead animal disposal, which shall be billed to Colton in each July invoice.
b. Colton 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 invoice shall be deemed proper and acceptable.
c. If Colton fails to pay San Bernardino within thirty (30) days after the invoice
is submitted, Colton agrees that San Bernardino shall have the right, after
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written notice to Colton, to consider such default in payment a material breach
of this entire agreement. Colton shall have ten (10) days following the date of
such written notice within which to correct such breach. If Colton 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 Colton from the obligation to pay San Bernardino
for services rendered according to Section Sea) above.
d. Colton may withhold payment of any disputed sums until satisfaction of the
dispute with respect to such payment. Colton must give written notice to San
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Bernardino within ten (10) days of the date of the disputed invoice if Colton is
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
disputing any sum under sub-paragraph 5(b). Such withholdings shall not be
deemed to constitute a failure to pay as that term is used in sub-paragraph
5( c). San Bernardino shall not discontinue its service for a period of thirty
(30) days from the date of the withholdings, as a result of such withholding.
San Bernardino shall have the right of appeal to the Mayor and City Council
of Colton with respect to such disputed sums. The determination of the
Mayor and City Council of Colton 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%) simple per annum from the date of withholding
of any amounts found to be improperly withheld. For any disputed sum,
either party may attempt to collect a debt through a civil proceeding.
6. Deputization. San Bernardino animal control officers, agents or employees shall be
authorized to collect Colton's license, apprehension, and related penalty fees at the
Animal Shelter, as directed by Colton, for all animals received under this agreement.
Colton will furnish such license forms and receipt books as may be deemed
necessary. San Bernardino shall provide all animal impound records and release
forms to Colton.
7. Funds Collected bv San Bernardino. Rabies vaccination deposits shall be retained by
San Bernardino, and shall be refunded to the depositor upon presentation of proof of
vaccination. Fees for voluntary owner turn-in, adoption, micro- chipping, daily board
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
fees and vaccination fees shall be retained by San Bernardino. All other monies
collected by San Bernardino for Colton in connection with this agreement shall be
paid to Colton on or before the twentieth day of each month following collection.
8. Term. This agreement shall become effective July 1,2004 and end June 30, 2007.
9. Indemnification. Colton agrees and promises to indemnify, defend and hold harmless
San Bernardino, its officers, elected officials, employees and agents, from and against
all actions, causes of action, claims, demands, lawsuits, costs and expenses, and
liability for damages to persons or property that may be asserted or claimed by any
persons, firms, 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 willful misconduct of San Bernardino, its officers, elected officials,
employees or agents. Said sums shall include, in the event oflegal action, court
costs, expenses of litigation, and reasonable attorney's fees. The costs, salary, and
expenses of the San Bernardino City Attorney and members of his or her office in
enforcing this Agreement on behalf of San Bernardino shall be considered as
"attorney's fees" for the purposes of this paragraph.
10. Termination. This Agreement may be terminated by either party upon 90 days written
notice. In the event of termination, San Bernardino shall be paid for the work
performed under this agreement to the date of termination.
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
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I I. CooDeration. Colton agrees to cooperate in good faith with San Bernardino in San
Bernardino's performance of duties under this Agreement.
12. Warrantv. San Bernardino makes no warranty, either express or implied, as to its
findings, recommendations, plans, reports, professional advice or other work.
13. IndeDendent Contractor. San Bernardino shall be an independent contractor and not
an employee, nor shall any of San Bernardino's employees, agents or subcontractors
operating under this Agreement be an employee of Colton.
o 14. Conflict ofInterest.
a. San Bernardino or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (I) requires such
persons to disclose financial interests 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
Colton.
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
o 15. Invalidation.
In the event any provision of this Agreement is held to be invalid and unenforceable,
the remaining provisions of this Agreement shall remain valid and binding on the
parties thereto.
16. 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:
Colton
San Bernardino
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Assistant City Manager
City of Colton
22795 Barton Road
Colton, CA 9233 I3
(909) 430-2226
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.
18. Understandings. There are no understandings or agreements except as expressly
stated herein.
19. 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-
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house counsel and/or the City Attorney and members ofhislher office in enforcing
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
this Agreement shall be considered as "attorney fees" for the purpose of this
paragraph.
20. Entire Agreement. This contract constitutes the entire Agreement between Colton
and San Bernardino and may be modified only by further written agreement between
the parties through their respective authorized bodies.
21. Construction of Provisions and Titles. 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.
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
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IN WITNESS WHEREOF, the parties have accepted, made and executed this
Agreement upon the terms, conditions and provisions above set, on the date first
herein above written.
Colton
A Municipal Corporation
City of San Bernardino
A Municipal Corporation
By:
Lee Ann Garcia, Mayor
By:
Judith Valles, Mayor
Attest:
Attest:
City Clerk
City Clerk
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Approved as to form and legal content:
City Attorney
City Attorney
By:
John Harper
By: L y. /?z.-.
Ves F. Penman
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