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Home My WebLink About09-Animal Control . . , . ORIGINAL CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION From: Kenneth Childress Subject: Resolution authorizing the Mayor to execute an animal housing services agreement by and between the City of San Bernardino and the City of Grand Terrace for the period 07/01/06 through 613012007 MICC Meeting Date: September 18,2006 Dept: Animal Control Date: August 23, 2006 Synopsis of Previous Council Action: Approved contract 11/01/2003 to 6130106 Recommended Motion: Adopt resolution. / d:>(~ CLio Signature Contact person: Kenneth Childress Phone' 1516 Supporting data attached: Staff ReDort Ward: FUNDING REQUIREMENTS: Amount: None. This is a revenue contract estimated at $6,374.00 and included in department's 2006/07 budget. Source: (Acct. No.) tAr.'" n""r.riplinn) Finance: Council Notes: -R --e:;f). Jon ItJ - ?J1.K Agenda Item No. -9 q/ IiI O(P CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution authorizing the Mayor to execute an Animal Housing Services Agreement by and between the City of San Bernardino and the City of Grand Terrace from July 1,2006 through June 30, 2007. Backl!:round: The City of San Bernardino has been providing animal housing services for the City of Grand Terrace for the past 2 years. The arrangement has been beneficial for both Cities. The proposed contract charge would remain the same at a per-animal fee of $30 for each dog and $19 for each cat. In addition, there will be an annual disposal charge of$950. Fees related to vaccinations, board, adoptions, and owner turn-in will be retained by the City of San Bernardino. License, apprehension, and related penalty fees will be returned to the City of Grand Terrance. Financial Impact: Annual Estimated revenue (120 dogs, 130 cats and disposal charge) is $6,374; this amount has been included in the department's 2006/07 budget. Recommendation: Adopt Resolution. r . 7 8 9 10 11 12 13 14 . 15 16 17 18 COpy RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN ANIMAL 3 HOUSING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF GRAND TERRACE FROM JUL Y 1, 2006 THROUGH 4 JUNE 30, 2007. 5 WHEREAS, state law requires that all cities and counties provide rabies control programs 6 that include an animal shelter system; and WHEREAS, the CITY OF GRAND TERRACE 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: SECTION 1. The MAYOR of the CITY OF SAN BERNARDINO is hereby authorized and directed to execute on behalf of the CITY OF SAN BERNARDINO an Agreement for Services with the City of Grand Terrace for Animal Housing Services. a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at 19 length. 20 SECTION 2. The authorization to execute the above-referenced Agreement is rescinded 21 if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this 22 resolution. 23 /II 24 /II 25 /II 26 /II 27 /II 28 /II . Ai 0, LJ (-.., I '- 'I ! I I -..)^ f.' :(' I J { 0 U L/ '- . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 MCCAMMACK 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 GRAND TERRACE FROM .JUL Y 1, 2006 THROUGH JUNE 30, 2007. 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 . 2006, by the following vote. to wit: on the day of Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER VACANT DERRY KELLEY JOHNSON 18 19 20 21 22 23 24 25 26 27 28 Rachel G. Clark, City Clerk ,2006. day of The foregoing resolution is hereby approved this Patrick 1. Morris, Mayor City of San Bernardino Approved as to Form: JAMES F. PENMAN. City Attorney \ - rC-z/\ "'''''""", By: ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO cg@~W EXHIDIT A THIS AGREEMENT ("Agreement") is entered into this 1st day of July 2006, by and between the CITY OF SAN BERNARDINO, a municipal corporation (hereinafter "San Bernardino"), and the City of Grand Terrace, a municipal corporation (hereinafter "Grand Terrace"). WHEREAS, Grand Terrace 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 Grand Terrace 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: 1. Scope 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, Grand Terrace according to the provisions of this agreement. 2. Impounding and Disposal 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 Grand Terrace, and all loose or stray dogs and cats brought to the San Bernardino Animal Shelter by anyone from within the incorporated area of 1 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO Grand Terrace. San Bernardino shall, for and on behalf of Grand Terrace, 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 healthy wildlife. San Bernardino shall not provide for emergency veterinary care. Grand Terrace is responsible for transporting and seeking appropriate emergency treatment for 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 of the 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 Grand Terrace 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 Grand Terrace. Animals surrendered by the owner shall be held in accordance with state law. 2 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 4. Warrantv of Lawful Apprehension. Grand Terrace 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. Grand Terrace shall pay to San Bernardino, $30.00 for any canine (dog or puppy), and $19.00 for any feline (cat or kitten) impounded. A litter of unweaned puppies and kittens shall be charged as one animal and may be euthanized immediately upon impounding by mutual agreement of Grand Terrace and San Bernardino. Animals delivered by Grand Terrace that have been released by their owners in writing shall be charged at 50% ofthe per animal fee. Additionally, Grand Terrace shall pay for livestock and other animals delivered to San Bernardino under the terms of this agreement the following fees: DAILY BOARD AND CARE LARGE LIVESTOCK (Over 500 lbs) 12.50 (Horses, Mules, Donkeys, Cattle, etc) MEDIUM LIVESTOCK ( 25 to 500 lbs) 10.00 (Goats, Sheep, Pigs, etc.) OTHER SMALL ANIMALS 5.00 (Rodents, Rabbits, Chickens, Birds, etc) San Bernardino shall present an invoice on or before the tenth day of each month for the amount due. Grand Terrace shall pay said invoice not later than 3 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO the last day of the month in which billed. Grand Terrace shall pay an annual fee of $ 950.00 for dead animal disposal, which shall be billed to Grand Terrace in each July invoice at the beginning of each contract year. b. Grand Terrace 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 Grand Terrace fails to pay San Bernardino within thirty (30) days after the invoice is submitted, Grand Terrace agrees that San Bernardino shall have the right, after written notice to Grand Terrace, to consider such default in payment a material breach of this entire agreement. Grand Terrace shall have ten (10) days following the date of such written notice within which to correct such breach. If Grand Terrace 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 Grand Terrace from the obligation to pay San Bernardino for services rendered according to Section 5(a) above. d. Grand Terrace may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Grand Terrace must give written notice to San Bernardino within ten (10) days of the date of the disputed 4 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO invoice if Grand Terrace is 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 ofthe withholdings, as a result of such withholding. San Bernardino shall have the right of appeal to the Mayor and City Council of Grand Terrace with respect to such disputed sums. The determination ofthe Mayor and City Council of Grand Terrace 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. V oluntarv Disposal. San Bernardino is authorized to accept a dog, cat or other animal from its owner residing within the incorporated area of Grand Terrace. In such cases, no charge shall be made against Grand Terrace for its disposal. San Bernardino may charge the owner a fee for such services. 7. Deputization. San Bernardino animal control officers, agents or employees shall be authorized to collect Grand Terrace's license, apprehension, and related penalty fees at the Animal Shelter, as directed by Grand Terrace, for all animals received under this agreement. Grand Terrace will furnish such license forms and receipt books as 5 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO may be deemed necessary. San Bernardino shall provide all animal impound records and release forms to Grand Terrace. 8. 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 fees and vaccination fees shall be retained by San Bernardino. All other monies collected by San Bernardino for Grand Terrace in connection with this agreement shall be paid to Grand Terrace on or before the twentieth day of each month following collection. 9. Term. This agreement shall become effective July 1, 2006 and end June 30, 2007. This Agreement will automatically renew for one (1) additional year if renegotiations are not required. Such renewal shall be for the period of July 1, 2007 through June 30, 2008. Both parties shall have the right to renegotiations. Any requests to renegotiate the automatic renewal terms or other terms of this Agreement shall be made in writing before March 31, 2007 by the requesting party. If no agreement is reached before the expiration of the original term of this Agreement, the both parties may agree to continue the Agreement under the original terms or proceed with termination procedures as per section II of this Agreement. The Agreement will terminate June 30, 2008. If a new Agreement has not been negotiated prior to the termination date, then San Bernardino may continue to provide the service of this Agreement for the amount of the June 2008 invoice plus five percent (5%) for each additional month 6 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO until a new Agreement is established or Grand Terrace no longer requires animal housing services from San Bernardino. 10. Indemnification. Grand Terrace 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 the negligence or willful misconduct of San Bernardino, its officers, elected officials, employees or agents. Said sums shall include, in the event of legal 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. 11. 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. 12. Coooeration. Grand Terrace agrees to cooperate in good faith with San Bernardino in San Bernardino's performance of duties under this Agreement. 7 ,---- ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 13. Warrantv. San Bernardino makes no warranty, either express or implied, as to its findings, recommendations, plans, reports, professional advice or other work. 14. Independent 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 Grand Terrace. 8 "'". ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO IS. 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 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 Grand Terrace. 16. 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. 17. 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: Grand Terrace San Bernardino Assistant City Manager City of Grand Terrace 22795 Barton Road Director of Animal Control City of San Bernardino 333 Chandler Place 9 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO Grand Terrace, CA 923313 (909) 430-2226 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- 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. 20. Entire Agreement. This contract constitutes the entire Agreement between Grand Terrace 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 the convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions of such Agreement. 10 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 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. Grand Terrace A Municipal Corporation City of San Bernardino A Municipal Corporation a:,~/@..JN~H: Marye a Ferre, Mayor By: Patrick J. Morris, Mayor Attest: Attest: JLQr p~IXfj).L/~ ~ City Cler City Clerk Approved as to form. City Attorney City Attorney By: James F. Pennman 11