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HomeMy WebLinkAbout2007-207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2007-207 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANIMAL HOUSING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF GRAND TERRACE FROM JULY 1, 2007 THROUGH JUNE 30, 2010. WHEREAS, state law requires that all cities and counties provide rabies control programs 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 City Manager 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 and incorporated herein, marked as Exhibit "A". //I 1/1 III III //I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 The foregoing resolution is hereby approved this 21 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANIMAL HOUSING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF GRAND TERRACE FROM JULY 1,2007 THROUGH JUNE 30, 2010. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a i oint regular meeting thereof, held on the 2nd day of ,2007, by the following vote, to wit: July Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X BAXTER X BRINKER X X DERRY KELLEY X - JOHNSON X MCCAMMACK X O~~J /~.~ i"~l ~. ;-ar~, City Clerk --1..b ,/ day of July ,2007. 22 23 Approved as to Form: 24 25 JAMES F. PENMAN, 26 City Attorney : B'er rr~ Exhibit A ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO THIS AGREEMENT ("Agreement") is entered into this 1 st day of July 2007, 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, employee or resident of 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 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO shall be disposed of without an attempt to notify the owner, if the owner is known by San Bernardino. 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 dog, cat, or other domesticated animal shall be disposed before the time allotted for under state law. 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. 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. 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. 2 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO a. Grand Terrace shall pay to San Bernardino, $35.00 for any canine (dog or puppy), and $25.00 for any feline (cat or kitten) impounded and $15.00 for every other animal. A litter of un-weaned puppies and kittens, or other un- weaned animals shall be charged as one animal. Additionally, Grand Terrace shall pay for livestock and other animals delivered to San Bernardino under the terms of this agreement the following fees: DAILY BOARD AND CARE LARGE LNESTOCK (Over 500 Ibs) 12.50 per day (Horses, Mules, Donkeys, Cattle, etc) MEDIUM LNESTOCK (25 to 500 Ibs) 10.00 per day (Goats, Sheep, Pigs, etc.) SMALL ANIMALS 5.00 per day (Rodents, Rabbits, Chickens, Birds, etc) San Bernardino shall present an invoice on or before the tenth day of each month for the amount due. Grand Terrace shall pay said invoice not later than the last day ofthe month in which billed. Grand Terrace shall pay an annual fee of$ 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. 3 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 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 ofthis 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 ofthe disputed 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 of the 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 of the Mayor and City Council of Grand Terrace 4 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 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 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. San Bernardino shall provide all animal impound records and release forms to Grand Terrace. 7. Funds Collected bv San Bernardino. Apprehension fees, license deposits and penalties 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. Fees for adoption, micro-chipping, daily board, vaccination, euthanasia and release shall be retained by San Bernardino. Rabies vaccination deposits shall be refunded to the depositor upon presentation of proof of vaccination. 8. Term. This agreement shall become effective July 1,2007 and end June 30, 2010. 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 5 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO the June 2008 invoice plus five percent (5%) for each additional month until a new Agreement is established or Grand Terrace no longer requires animal housing services from San Bernardino. 9. Grand Terrace's 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 oflegal action, court costs, expenses oflitigation, and reasonable attorney's fees. The costs, salary, and expenses of the San Bernardino City Attorney and members of his or her office shall be considered as "attorney's fees" for the purposes of this paragraph. 10. San Bernardino's Indemnification. San Bernardino agrees and promises to indemnifY, defend, and hold harmless Grand Terrace, its officers, employees and agents, from and against any and 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 person, firm, entity, corporation, political subdivision, or other 6 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO organizations arising out of, or in cormection 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 Grand Terrace, its officers, employees or agents. II. 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 oftermination. 12. Cooperation. Grand Terrace agrees to cooperate in good faith with San Bernardino in San Bernardino's performance of duties under this Agreement. 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. 7 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 (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 Grand Terrace. 16. Invalidation. In the event any provision ofthis 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 8 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. 9 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 / By: FredWilson, City Manager Attest: Attest: C@1f/l10 Jr1~ City Clerk City Clerk Approved as to form. City Attorney City Attorney B~ John Harper By: James F. Pennman 10 r 2007-207 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO THIS AGREEMENT ("Agreement") is entered into this 1 st day of July 2007, 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, employee or resident of 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 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO shall be disposed of without an attempt to notify the owner, if the owner is known by San Bernardino. 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 dog, cat, or other domesticated animal shall be disposed before the time allotted for under state law. 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. 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. 4. Warranty 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. 2 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO a. Grand Terrace shall pay to San Bernardino, $35.00 for any canine (dog or puppy), and $25.00 for any feline (cat or kitten) impounded and $15.00 for every other animal. A litter of un-weaned puppies and kittens, or other un- weaned animals shall be charged as one animal. Additionally, Grand Terrace shall pay for livestock and other animals delivered to San Bernardino under the terms ofthis agreement the following fees: DAILY BOARD AND CARE LARGE LIVESTOCK (Over 500 Ibs) 12.50 per day (Horses, Mules, Donkeys, Cattle, etc) MEDIUM LIVESTOCK ( 25 to 500 Ibs) 10.00 per day (Goats, Sheep, Pigs, etc.) SMALL ANIMALS 5.00 per day (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 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. 3 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 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 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 of the 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 of the Mayor and City Council of Grand Terrace 4 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 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 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. San Bernardino shall provide all animal impound records and release forms to Grand Terrace. 7. Funds Collected bv San Bernardino. Apprehension fees, license deposits and penalties 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. Fees for adoption, micro-chipping, daily board, vaccination, euthanasia and release shall be retained by San Bernardino. Rabies vaccination deposits shall be refunded to the depositor upon presentation of proof of vaccination. 8. Term. This agreement shall become effective July 1,2007 and end June 30, 2010. 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 5 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO the June 2008 invoice plus five percent (5%) for each additional month until a new Agreement is established or Grand Terrace no longer requires animal housing services from San Bernardino. 9. Grand Terrace's 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 oflegal action, court costs, expenses oflitigation, and reasonable attorney's fees. The costs, salary, and expenses of the San Bernardino City Attorney and members of his or her office shall be considered as "attorney's fees" for the purposes ofthis paragraph. 10. San Bernardino's Indemnification. San Bernardino agrees and promises to indemnify, defend, and hold harmless Grand Terrace, its officers, employees and agents, from and against any and 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 person, firm, entity, corporation, political subdivision, or other 6 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO organizations arising out of, or in connection with, the performance ofthis Agreement, excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the negligence or willful misconduct of Grand Terrace, its officers, employees or agents. II. 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. Cooperation. Grand Terrace agrees to cooperate in good faith with San Bernardino in San Bernardino's performance of duties under this Agreement. 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. 7 '. ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 15. 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 8 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. Attorney 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. 9 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 / By: Fre Attest: Attest: Gat M1U Jfl V>>- City Clerk Q~h. ~ Cit}€lerk Approved as to form. City Attorney B~~ John Harper City Attorney J.~ es F. Pennman 10