HomeMy WebLinkAbout09-Animal Control
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Jon Cicirelli
Director
Dept: Animal Control
Or"-"'~L
'L I ..." j wrl
Subject: RESOLUTION OF THE
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
AUTHORIZING EXECUTION OF AN
AGREEMENT TO ACCEPT A
VEmCLE DONATION FROM THE
CITY OF FONTANA.
Date: June 19, 2002
Synopsis of Previous Council Action:
February 19, 2002 - Resolution 2002-56, Council approved a resolution to provide full
service animal control to the City of Fontana.
Recommended Motion:
Adopt resolution
Contact person:
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Supporting data attached: StntTreport
Ward:
FUNDING REQUIREMENTS:Amount:
No cost to General Fund.
Source:
Operatin~ costs are covered by contract.
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
Staff Report
Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
execution of an agreement to accept a vehicle donation from the City of Fontana.
Background: On February I, 2002, the City of San Bernardino entered into an agreement to
provide animal control services to the City of Fontana. One service that is to be performed is license
canvassing. Providing license canvassing to Fontana requires the addition of a vehicle to the Animal
Control fleet. During the contract negotiations, it was decided that it would be more economical for
Fontana to provide San Bernardino with a car from the Fontana fleet rather than increase the contract
price to pay for a new vehicle.
Fontana will donate a 1997 Chevrolet Cavalier, with approximately 22,000 miles, to the City of San
Bernardino. The vehicle has passed an inspection by City of San Bernardino fleet staff. The vehicle
would display Fontana City stickers with Animal Control identifying markings. This vehicle would
be for use in the Fontana licensing program or for other aspects related solely to contract obligations
to Fontana. The vehicle would be maintained and fueled by the City of San Bernardino. The vehicle
would be used for the duration of the Animal Control contract with Fontana, which expires in July
2004. The maintenance and operation costs for this vehicle were already calculated into the overall
contract price when Fontana requested two additional License Checkers, and therefore represents no
additional expense.
In March 2002, in anticipation of the use of this vehicle, the Budget Manager increased the line items
for fuel (124-232-5612) and garage charges (124-232-5601) by $2,000.00 and $1,500.00
respectively, using contract fees from the recently renewed Fontana contract.
This Agreement would officially transfer the ownership and operation of the vehicle to the City of
San Bernardino from the City of Fontana.
This agreement has already been accepted and signed by the City of Fontana.
Fiscal Impact: No additional costs to the City General Fund. Contract fees cover all maintenance
and operation costs.
Recommendation: Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT TO ACCEPT
2 A VEHICLE DONATION FROM THE CITY OF FONTANA.
3 WHEREAS, the CITY OF SAN BERNARDINO has entered into a contract for services
4 to provide full service animal control to the CITY OF FONTANA; and,
5 WHEREAS, one component of that contract is to provide a license canvassing program
6 which requires the use of a vehicle; and,
WHEREAS, the CITY OF FONTANA possesses a vehicle and desires to donate that
vehicle to the CITY OF SAN BERNARDINO for use in the license canvassing program; and,
WHEREAS, the CITY OF SAN BERNARDINO desires to accept the donated vehicle;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the MAYOR of the CITY OF SAN BERNARDINO is hereby
authorized and directed to execute on behalf of the CITY OF SAN BERNARDINO a certain
agreement between the CITY OF SAN BERNARDINO and the CITY OF FONT ANA, a copy of
which is attached hereto and incorporated herein by reference entitled "Vehicle Donation
Agreement Between the City of Fontana and the City of San Bernardino" .
SECTION 2. The authorization to execute the above-referenced agreement is rescinded
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
19 Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT TO ACCEPT
A VEmCLE DONATION FROM THE CITY OF FONTANA.
2 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4 _ day of
5
6 COUNCIL MEMBERS:
7 ESTRADA
8 LIEN
9 MCGINNIS
10 DERRY
II SUAREZ
12 ANDERSON
13 MCCAMMACK
'-' 14
15
16
3 Common Council of the City of San Bernardino at a
, 2002, by the following vote, to wit:
meeting thereof, held on the
AllS
NAYS
ABSTAIN
ABSENT
RACHEL G. CLARK
City Clerk
17
18 The foregoing Resolution is hereby approved this
19
20
21
22 Approved as to form and
legal content:
23
24 JAMES F. PENMAN,
.,- City Attorney
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~ 27 By:
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day of
,2002.
JUunH VALLES, Mayor
City of San Bernardino
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Vehicle Donation Agreement
Between the City of Fontana
and
the City of San Bernardino
This Vehicle Donation Agreement ("Agreement") is entered into this day of
2002 between the City of Fontana ("Fontana"), a California municipal corporation, and the City of San Bernardino
("San Bernardino"), a California municipal corporation. Fontana and San Bernardino are herein referred to
individually as a "Party" and collectively as the "Parties."
RECITALS
A. On February J, 2002. Fontana and San Bernardino entered into an Animal Control Services
Agreement whereby San Bernardino agreed to conduct a citywide Animal Care and Control Program ("Program")
for Fontana pursuant to the terms and conditions as set forth in the Animal Control Services Agreement.
B. Fontana owns a vehicle ("Vehicle") as particularly described in "Exhibit A" attached hereto and
which by this reference is made a part hereof.
C. Fontana now desires to donate the Vehicle and San Bernardino desires to accept the Vehicle to use
such Vehicle for the Program.
D. In exchange for Fontana's donation of the Vehicle, Fontana desires for San Bernardino to assume
all responsibility for operation and maintenance of the Vehicle and for San Bernardino to assume all liability arising
from San Bernardino's use of the Vehicle.
NOW, THEREFORE, the Parties agree as follows:
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TERMS
1.0
accept from
Agreement.
Donation of Vehicle. Fontana agrees to donate to San Bernardino and San Bernardino agrees to
Fontana the Vehicle in accordance with the conditions. requirements, and terms set forth in this
2.0 Acceptance of Vehicle "AS IS." San Bernardino acknowledges that it has had ample opportunity
to fully inspect and examine to its satisfaction all aspects of the Vehicle. On the basis of such opportunity, San
Bernardino represents and warrants to Fontana that, (I) San Bernardino is relying solely on San Bernardino's own
investigation of the Vehicle and review of such information and documentation. whether provided by Fontana or
third Parties, in determining whether or not to accept the donation of the Vehicle, that (2) Fontana makes no
representations as to the accuracy or completeness of such information. and Fontana does not make any
representations or warranties of any kind whatsoever, either express or implied, with respect to the Vehicle, and
(3) that the Vehicle is being donated to San Bernardino in an "AS IS" condition. In this regard, San Bernardino
also acknowledges that it is knowledgeable about the effect and impact of an "AS IS" clause as set forth in this
Section.
3.0 Use of the Vehicle. San Bernardino shall use the Vehicle for the sole purpose of conducting the
Program pursuant to the Animal Control Services Agreement until it naturally expires or is terminated. Upon either
the natural expiration or termination of the Program, San Bernardino shall retain ownership and control of that
Vehicle and shall use it in any way San Bernardino sees fit.
4.0 Maintenance of the Vehicle. San Bernardino shall maintain. or cause to be maintained, the
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mechanical, safety and exterior features of the Vehicle in a good and operable condition and repair. ordinal") \lear
and tear excepted, and shall promptly remove, or cause the removal of, all graffiti placed upon the Vehicle. The
maintenance required of San Bernardino by this paragraph shall be at San Bernardino's sole cost, expense and
liability.
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San Bernardino shall make all alterations. additions. or repairs to the Vehicle that may be required
by any valid law, ordinance, statute. order, or regulation now or hereafter made or issued by any federal. state.
county, local, or other governmental agency or entity, at San Bernardino's sole cost. expense and liability. San
Bernardino shall comply with all Federal, State and local laws, regulations. ordinances and rules in using the
Vehicle and otherwise exercising its rights under this Agreement.
5.0 Indemnification/Hold Harmless. Upon Fontana's delivery of the Vehicle to San Bernardino and
San Bernardino's acceptance of the Vehicle from Fontana for the .purpose specified herein, San Bernardino shall
defend. indemnify. and hold harmless Fontana. its officials, officers. employees. agents. and volunteers from any
and all actual or alleged claims, demands, causes of action. liability. loss, damage. or injury. to property or persons.
including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or
local governmental body or agency, arising out of or incident to any acts. omissions, negligence. or willful
misconduct of San Bernardino, its personnel, employees, agents, contractors, or volunteers in connection with or
arising out of San Bernardino's use of the Vehicle. This indemnification includes. without limitation. the payment
of all penalties. fines, judgments. awards, decrees. anorneys fees. and related costs or expenses. and the
reimbursement of Fontana, its officials. officers, employees, agents. or volunteers for all legal expenses and costs
incurred by each of them in connection with or arising out of San Bernardino's use of the Vehicle only. San
Bernardino's obligation shall not be restricted to insurance proceeds. if any, received by Fontana. its officials.
officers, employees, agents. or volunteers.
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6.0 No Third Party Beneficiaries. This Agreement is for the sole and exclusive benefit of Fontana
and San Bernardino. No person or entity not a Party to this Agreement shall be third party beneficiary to this
Agreement, and nothing herein shall confer any enforceable rights on non-signatory person or entity.
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7.0 Counterpart Origiuals. This Agreement may be executed in two (2) counterpart originals, each
of which shall be deemed to be an original, but, when taken together. shall constitute one and the same instrument.
8.0 Remedies for Breach. Unless otherwise prohibited by law. the Parties shall have the right to
seek all available legal and equitable remedies to enforce the terms of this Agreement.
9.0 Further Actious. The Parties agree to execute all instruments and documents and to take all
actions as may be required in order to consummate the transactions contemplated by this Agreement.
10.0 Entire Agreement. This Agreement contains the entire agreement between the Parties
concerning the subject matter of this Agreement and supersedes any prior agreements, understandings or
negotiations (whether oral or wrinen). No addition or modification of any term or provision hereof shall be effective
unless set forth in writing and signed by the Parties.
11.0 Authority to Execute. Each Party warrants that the individual(s) signing this Agreement has the
legal power. right. and authority make this Agreement and bind each respective Party.
12.0 Governing Law. This Agreement shall be governed by and construed in accordance with the
Jaws of the State of California. with venue being in the County of San Bernardino, State of California.
13.0 Attorney's Fees. In the event any legal proceeding is instituted to enforce any term or provision
of this Agreement. the prevailing Party in said legal proceeding shall be entitled to recover anorney's fees and costs
from the opposing Party in an amount determined by the court to be reasonable. The costs. salary. and expenses of
any in-house counsel and/or City Attorney and members of his or her office in enforcing this Agreement shall be
~ RVPUB\A YC\633500
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considered as "attorney fees" for the purpose of this paragraph.
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14.0 Failure to Strictly Enforce Not a Waiver. Failure by any Party to this Agreement to insist upon
the strict performance of any provision of the Agreement or at anyone or more times shall not be deemed to
constitute a waiver of that Party's right to insist upon strict performance of that or any other provision of this
Agreement on future occasions. No alleged waiver of any right afforded to any Party under this Agreement shall be
effective unless in writing.
15.0 Determination of Public Benefit. By its entry into this Agreement. Fontana has determined that
the donation of the Vehicle as set forth in this Agreement is in the best interest of the health. safety and welfare of
Fontana's residents. Fontana has determined that donating the Vehicle to San Bernardino will provide a significant
public benefit to Fontana by assisting San Bernardino in conducting the Program pursuant to the Animal Control
Services Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the Parties as of the date first
written above.
/
.{ By
THE CITY OF SAN BERNARDINO,
a California municipal corporation
By:
Kenneth Hunt
City Manager
Judith Valles,
Mayor
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Attest:
Attest:
By:
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City Clerk " ~l
By:
Rachel Clark,
City Clerk
Approved as to Legal Form:
BY:~
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City Attorney
Approved as to Legal Form:
rf: ~- '?~
7 James F. Penman
City Attorney
,
/"""" RVPUB\A YC\633500
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Year:
Make:
Model:
CA License Number:
VIN Number:
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EXHIBIT A
DESCRIPTION OF THE VEHICLE
1997
Chevrolet
Cavalier
] 005034 (Exempt)
] G IJF5240V7212517
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): f)- \ -0 d- Item #
Vote: Ayes I - 'I Nays ..B
Change to motion to amend original documents:
9
Abstain ...G
Resolution #
{)CD.) -I 'l"
Absent .e-
Reso. # On Attachments: 1 Contract tenn: -
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: (") - :) -() ~
Date of Mayor's Signature: '1- 3-0 :;)
Date of Clerk/CDC Signature: '1-2,-0 ';}.
Date
oILetter Sent for Signature:
See Attached:
See Attached:
See Attached:
60 Day Reminder Letter en
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234,655,92-389):
Copies Distributed to:
~
Code Compliance Dev. Services
Police Public Services Water
City Attorney
Parks & Rec.
Notes:
Null/Void After: 1,,0 01+'1& I "6f?/J/o;;r
By: -
Reso. Log Updated:
Seal Impressed:
,...-/
,/
Date Returned: -
Yes L No By
Yes No~ By
Yes No .-L By
Yes No ,/ By
Yes No T By_
EDA
Finance
Others: Ml/nAL.
MIS
(Orn1WL.-
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File:lY\,(, Date: r')- &-0;)-
Revised 01/12/01