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HomeMy WebLinkAbout1979-369 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF FONTANA CONCERNING THE 3 USE OF THE CITY ANIMAL SHELTER AND RELATED FACILITIES. q BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 ~ SECTION 1. The Mayor of the City of San Bernardino is 6 ~ hereby authorized and directed to execute on behalf of said City 7 an agreement with the City of Fontana concerning the use of the 8 ~ City Animal Shelter and related facili£ies, a copy of which is 9 i i attached hereto, marked Exhibit "A" and incorporated herein by I 10 reference as fully as though set forth at length. ~ u I HEREBY CERTIFY that the foregoing resolution was duly 12 adopted by the Mayor and Common Council of the City of San 13 Bernardino at a,+rypa,•,,,,,,,,,/ ~4 meeting thereof, held Y ~`,'np/,,,;;~ , 1979, by the i4 on the da of 15 following vote, to wit: 16 AYES: Councilmen / ~ . Cfe l7 ~niiy~ ~ ~ -?.~o~ ~a~i/Gm 7 T' l8 NAYS: `y~BT®i 19 ABSENT: ~~i/I~l1lJ7'Ltyl~J7~iDY.~r> 20 City Clete 22 The foregoing resolution is hereby approved this ~ day 23 of ~ fm~ij~ , 1979. . ; 24 25 y of C y of San rnardino 26 Approv as to form: 27 L L~~t. 23 City Attorney I- i 1 A G R E E M E N T ~ 2 (animal shelter) 3 ' THIS AGREEMENT, made and entered into at San Bernardino, 4 ~i~ California, this day of , 1979, by and 5 ~ between the CITY OF SAN BERNARDINO, a municipal corporation, I I called "City", and the CITY OF FONTANA, California, a municipal 7 ~ corporation, called "Fontana". g W I T N E S S E T H: ' I 9 WHEREAS, City has an Animal Shelter and other facilities for ' ~Q the handling of animals; and WHEREAS, Fontana does not have an Animal Shelter or other ll li !i t2 ilfacilities to handle the impounding or disposal of animals and 13 ~ City is agreeable to aid and assist Fontana by impounding, caring for and disposing of animals delivered to the Animal Shelter by t4 IS residents of Fontana or official representatives of Fontana, I according to the fee provisions of this Agreement, ~ l6 i7 NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE ' 1R PARTIES HERETO AS FOLLOWS: 19 1. City shall, through its Animal Control Department, acceptj, 2U impound and dispose of any and all dogs, cats or other animals which are delivered to City's Animal Shelter pursuant to this ' 21 Agreement. This Agreement shall be for a term commencing August ~ 22 1, 1979, and expiring June 30, 1981. 23 2. City shall, for and on behalf of Fontana, euthanize or i 24 otherwise dispose of all dogs at the request of Fontana, provided 25 that no dog shall be euthanized or disposed of without an attempt 26 ~ to notify the owner of such dog, if he be known by City, and no 27 ~ ~ dog so impounded shall be euthanized or disposed of before ~ 28 f I 1 seventy-two (72) hours have elapsed from the time the dog was 2 (delivered to the Animal Shelter. Fontana shall indemnify, defend 3 and hold harmless City, its officers, agents and employees from q 'any liability or claim arising from the performance of any of the i 5 ',provisions of this Agreement. I 6 3. Fontana shall pay to City the sum of eight dollars and i ~ ('eighty cents ($8.80) for each and every dog brought to the City 8 Animal Shelter by an agent, officer of employee of Fontana. 9 i~ 4. It is agreed that upon Fontana delivering a dog, together i i 10 ~ with a bona fide request from the owner for the immediate disposals i thereof, City, pursuant to said authorization, shall dispose of said dog and shall charge eight dollars and eighty cents ($8.80) ~ 12 13 to cover the cost of euthanization or other means of disposal. ~4 5. Fontana agrees to pay to City the sum of eight dollars 15 and eighty cents ($8.80) for each and every stray dog brought into 16 the Animal Shelter by anyone from within the corporate limits of Fontana. The person delivering said dog shall sign a stub or t7 delivery sheet. t8 6. City is hereby authorized to accept a dog (or cat) from t9 the bona fide owner thereof residing within the incorporated 20 limits of Fontana. In such cases, where such dog (or cat) is 21 delivered to the Animal Shelter by the owner thereof, no charge 22 shall be made against Fontana for its disposal. Fees charged the 23 owner for such disposal shall be the same as those provided for 24 in this Agreement for Fontana. 25 7. City shall charge three dollars and thirty cents ($3.30) 26 per day for each animal placed in quarantine for observation of 27 suspected disease and, in the event of disposal of said animal 28 -2- 1 upon order of Fontana, City shall charge the sum of three dollars I, 2 and thirty cents ($3.30) for said disposal. 3 8. City shall charge the sum of three dollars and thirty a i cents ($3.30) each for the disposal of dead dogs, the sum of one 5 ~ dollar and ten cents ($1.10) each for the disposal of dead cats; 6 the sum of three dollars and thirty cents ($3.30) each for the i 7 i disposal of live cats over the age of four (4) months; and the I g I sum of one dollar and ten cents ($1..10) each for the disposal of 9 live kittens under the age of four (4) months. The sum of two ~i 10 (dollars and twenty cents ($2.20) each shall be charged for the tt (disposal of live puppies under the age of four (4) months, when l2 authorized to be disposed of by the agent, officer and/or employee t3 of Fontana. 14 9. City shall present a bill on or before the tenth day of l5 each month for all charges made during the prior month, which said 16 bill shall be paid by Fontana not later than the last day of the month in which billed. ' 17 i8 10. City officers, agents and/or employees shall be deputize and authorized to collect Fontana's license, apprehension, Shelter 19 and related penalty fees at the Animal Shelter, as directed by 20 Fontana, for all dogs released from the Shelter to residents of 21 i 22 Fontana. City officers, agents and/or employees shall also collec j the requisite sums for rabies vaccinations where required. Such ! 23 2a license forms and receipt books as may be deemed necessary by Fontana will be furnished to City by Fontana. 25 11. All monies collected by the City Animal Control Depart- 26 ent for Fontana in connection with this Agreement shall be de- 27 osited in the City Treasury and shall be paid to Fontana on or 28 -3- 1 before the tenth day of each month for the month preceding. 2 12. City shall annually review the fees charged herein for 3 the purpose of determining whether an adjustment in the fees q charged will be required, effective the following July first. If 9 City determines that an increase in the fees charged is warranted, 6 ~ based upon its cost to perform the services herein described, it ~ i shall notify Fontana in writing of the proposed increase, on or g i before the first day of May of that year. It is mutually agreed q that City shall not increase fees charged by more than ten percent i t0 ~ (108) annually. 11 i IN WITNESS WHEREOF, the parties hereto have hereunto set i ' 12 I their hands and seals the day and year first above written. ~ I i3 CITY OF SAN BERNARDINO ~ ATTEST: 14 15 j C~O!l.~ldl ,~n~i y l6 i p 17 CITY OF EONTANA ~ ATTEST: ~ l 8 ~ 19 By (T.~.~.r~ ity C erc Mayor 20 21 Approved as to form: 22 23 7-r'./fI~ ~ ty At orney 25 26 27 I 28 -4- l