HomeMy WebLinkAbout2009-179
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RESOLUTION NO. 2009-179
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE ANIMAL
HOUSING AGREEMENTS BY AND BETWEEN THE CITY OF SAN BERNARDINO
AND THE CITY OF FONTANA, THE CITY OF COLTON AND THE CITY OF
GRAND TERRACE FOR THE PERIOD OF 07/01/2009 THROUGH 12/31/2009, AND
TO AUTHORIZE THE SALE OF ONE EXCESS ANIMAL CONTROL VEHICLE TO
THE CITY OF FONTANA,
WHEREAS, in February, the City of San Bemardino notified the cities of Fontana,
Colton and Grant Terrace that it would terminate its Animal Control Services and Animal
Housing Agreements effective Jnne 30, 2009; and
WHEREAS, the cities of Fontana, Colton and Grant Terrace desire to extend the
animal housing services for an additional six months to evaluate their options in contracting
with another service provider; and
WHEREAS, the City of Fontana has requested to purchase one excess animal control
vehicle from the City of San Bemardino; and
WHEREAS, Section 3.04.010(B)(1) of the San Bemardino Municipal Code exempts
the sale of goods being bought or sold to a governmental agency from standard City purchasing
procedures.
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2009-179
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE ANIMAL
HOUSING AGREEMENTS BY AND BETWEEN THE CITY OF SAN BERNARDINO
AND THE CITY OF FONTANA, THE CITY OF COLTON AND THE CITY OF
GRAND TERRACE FOR THE PERIOD OF 07/01/2009 THROUGH 12/31/2009, AND
TO AUTHORIZE THE SALE OF ONE EXCESS ANIMAL CONTROL VEHICLE TO
THE CITY OF FONT ANA.
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, Service Agreements with the cities of Fontana,
Colton and Grand Terrace for animal housing services, copies of which are attached hereto and
incorporated herein, marked as Exhibit "A" , "B", and "C".
SECTION 2. The City Manager is hereby authorized to enter into a Purchase
Agreement with the City of Fontana to sell one excess animal control vehicle identified as: one
(1) 2004 Chevy 2500HD Extended Cab with animal control Body V1N
# I GBHC29U84E236579 with a retail value of $13,350, pursuant to San Bernardino Municipal
Code Section 3.04.010(B)(l). A copy of said Purchase Agreement is attached hereto and
incorporated herein, marked as Exhibit "D".
SECTION 3, The implementation date of the Agreements is July 1, 2009; therefore,
any action taken between July 1, 2009, and the date that this Resolution is adopted is hereby
ratified.
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2009-179
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE ANIMAL
HOUSING AGREEMENTS BY AND BETWEEN THE CITY OF SAN BERNARDINO
AND THE CITY OF FONTANA, THE CITY OF COLTON AND THE CITY OF
GRAND TERRACE FOR THE PERIOD OF 07/01/2009 THROUGH 12/31/2009, AND
TO AUTHORIZE THE SALE OF ONE EXCESS ANIMAL CONTROL VEHICLE TO
THE CITY OF FONT ANA.
I HEREBY CERTIFY that the foregoing Resolntion was duly adopted by the Mayor
and Common Council of the City of San Bernardino at aj oint regularmeeting thereof, held
, 2009 by the following vote, to wit:
on the 6th day of Julv
Council Members: AYES
ESTRADA X
BAXTER x
BRINKER X
SHORETT X
X
KELLEY
X
JOHNSON
MCCAMMACK X
NAYS
ABSTAIN ABSENT
~h.~
Rachel G. Clark, City Clerk
1~
The foregoing resolution is hereby approved this day of ~uly ,2009.
~~
lcki. Morris, Mayor
City of San Bemardino
Approved as to Form:
JAMES F. PENMAN,
City Attomey
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2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
FONTANA AND THE CITY OF SAN BERNARDINO - EXHIBIT "A"
THIS AGREEMENT ("Agreement") is made this ~ day of ...)u'-1 2009, between the
City of Fontana, a municipal corporation (hereinafter "Fontana") and the City of San Bernardino,
a municipal corporation (hereinafter "San Bernardino"). Fontana and San Bernardino are herein
referred to individually as a "Party" and collectively as the "Parties."
WHEREAS, Fontana desires to extend the animal housing agreement for a period of six
months, and
WHEREAS, San Bernardino has the knowledge, skills, resources, and experience that
qualify it to provide those animal housing services for Fontana;
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 Bemardino Animal Shelter by residents of, or official representatives
of, Fontana 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 Fontana. San Bernardino shall, for and on behalf of Fontana, 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 shall not provide for
emergency veterinary care, Fontana is responsible for transporting and seeking
appropriate emergency treatment for ill and/or injured animals,
3. Holding Periods. No dog, cat, or other domesticated animal shall be disposed of 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 Fontana to be held
longer than required by law, other than rabies quarantine, shall additionally be charged
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 Fontana.
4. Warrantv of Lawful Apprehension. Fontana 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.
2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
FONT ANA AND THE CITY OF SAN BERNARDINO - EXHIBIT "A"
5. Consideration.
a. Fontana shall pay to San Bemardino $35,500.00 per month. San Bemardino shall
present an invoice on or before the tenth day of each month for the amount due.
Fontana shall pay said invoice not later than the last day of the month in which billed.
b. Fontana shall promptly review invoices and notify San Bemardino 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.
e. If Fontana fails to pay San Bemardino within thirty (30) days after the invoice is
submitted, Fontana agrees that San Bemardino shall have the right, after written
notice to Fontana, to consider such default in payment a material breach of this entire
agreement. Fontana shall have ten (10) days following the date of such written notice
within which to correct such breach. If Fontana continues to fail to make payment,
the duties, obligations and responsibilities of San Bernardino under this agreement are
terminated. Such termination by San Bemardino does not release Fontana from the
obligation to pay San Bemardino for services rendered according to Section 5(a)
above.
d. Fontana may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Fontana must give written notice to San Bemardino
within ten (10) days of the date of the disputed invoice if Fontana is disputing any
sum under sub-paragraph Sea). 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 Bemardino shall have the right of
appeal to the Mayor and City Council of Fontana with respect to such disputed sums.
The determination of the Mayor and City Council of Fontana 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. Deoutization. San Bernardino animal control officers, agents or employees shall be
authorized to collect Fontana's license, apprehension, and related penalty fees at the Animal
Shelter, as directed by Fontana, for all animals received under this agreement. San
Bemardino shall provide all animal impound records and release forms to Fontana as
requested.
7. Funds Collected bv San Bemardino. Apprehension Fees, license deposits and penalties
collected by San Bemardino for Fontana in connection with this agreement shall be paid to
Fontana 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.
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2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
FONTANA AND THE CITY OF SAN BERNARDINO - EXHIBIT "A"
8. Fontana's Indemnification. Fontana agrees and promises to indemnify, defend, and hold
harmless San Bernardino, 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 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, employees or agents.
Said sums shall include, in the event of legal action, court costs, expenses of litigation,
and reasonable attomey'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.
9. San Bemardino's Indemnification. San Bernardino agrees and promises to indemnify,
defend, and hold harmless Fontana, 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 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 Fontana, its officers, employees or agents.
10. Warrantv. San Bemardino makes no warranty, either express or implied, as to its
findings, recommendations, plans, reports, professional advice or other work except that
the work will be performed in accordance with generally accepted standards of practice
in effect at the time of such performance.
II. Worker's Comoensation Insurance. San Bernardino is permissibly self-insured under the
Worker's Compensation laws of the State of California and will provide worker's
compensation coverage for its employees and will ensure that the employees of any of its
subcontractors are covered by worker's compensation insurance in an amount and form to
meet all applicable requirements of the laws of the State of California. Fontana shall not
provide worker's compensation insurance for any San Bernardino employee, agent or
subcontractor operating under the terms of this Agreement under any circumstances
whatsoever. Furthermore, notwithstanding any other provision set forth herein, Fontana
shall not indemnify, defend or hold harmless San Bernardino, its officers, employees,
agents or subcontractors for worker's compensation claims.
12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or
transfer this Agreement or any interest therein directly or indirectly, by operation of law
or otherwise without the prior written consent of Fontana. Any attempt to do so without
said consent shall be null and void, and any assignee, sublessee, hypothecatee or
transferee shall acquire no right or interest by reason of such attempted assignment,
sublease, hypothecation or transfer.
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2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
FONTANA AND THE CITY OF SAN BERNARDINO - EXHIBIT "A"
13. Anti-Discrimination. San Bernardino certifies and agrees that all persons employed by
San Bernardino are and will be treated equally by San Bernardino without regard to or
because of race, religion, ancestry, national origin, handicap, or sex and in compliance
with State and Federal Anti-Discrimination laws.
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 Fontana.
15. Conflict of Interest.
(a) San Bernardino or its employees may be subject to the proVIsIOns of the
Califomia 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 Bemardino 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
Fontana.
16. Term. The term of this Agreement shall be for six 6 months, commencing on July 1,
2009, and terminating on December 31,2009.
This agreement may be terminated by either party upon 30 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.
17. 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.
18. 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:
Fontana San Bernardino
Code Compliance Manager Animal Control Manager
City of Fontana City of San Bernardino
8353 Sierra Avenue 333 Chandler Place
Fontana, CA 92335 San Bernardino, CA 92408
(909) 350-7618 (909) 384-1304 Extension 1515
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.
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2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
FONT ANA AND THE CITY OF SAN BERNARDINO - EXHIBIT "A"
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 Attomey and members of hislher office shall be considered as
"attomey fees" for the purpose of this paragraph.
20. Entire Agreement. This contract constitutes the entire Agreement between Fontana 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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2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
FONT ANA AND THE CITY OF SAN BERNARDINO - EXHIBIT "A"
IN WITNESS WHEREOF, the Parties hereto have accepted, made and executed this Agreement
upon the terms, conditions and provisions above stated, on the day and year set forth above.
~
CITY OF FONTANA
A Municipal Corporation ~
^yy:~
\'-" Kenneth R. Hunt, City Manager
CITY OF SAN BERNARDINO
A Muni . rporati n
Attest:
Attest:
J<"J~~~~
City Clerk
C2~ /.;}. C&u.Je
'-city Clerk
Approved as to Form:
Approved as to Form:
~~{;!P
city Attorney
/
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2009-179
PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF FONT ANA AND
THE CITY OF SAN BERNARDINO FOR THE PURCHASE OF ONE ANIMAL
CONTROL VEHICLE - EXHIBIT "D"
This Agreement is made and entered into by and between the City of Fontana,
hereinafter referred to as "Fontana", and the City of San Bemardino, hereinafter referred to
as "San Bernardino", and is set forth as follows:
WITNESSETH
WHEREAS, San Bernardino has a surplus of one (I) 2004 Chevy 2500 HD
Extended Cab with animal control body VIN #IGBHC29U84E236579 with a retail value
of$13,350; and
WHEREAS, Fontana has requested to purchase said vehicles to commence the
provision of animal control services in the City of Fontana; and
WHEREAS, Fontana has agreed, as consideration for the purchase of said vehicle,
to maintain and repair said vehicle; to defend, indemnifY, and hold harmless San
Bemardino from any claims or lawsuits arising from injuries to persons or property
stemming from Fontana's use or maintenance of the vehicle; and to indemnifY the San
Bernardino for the loss of said vehicle up to the Fair Market Value (at the time the sale is
originally made) of the vehicle; and
WHEREAS, San Bemardino, in accordance with San Bernardino Municipal Code
Section 3.04.01O(B)(I), has agreed to sell said vehicle to Fontana.
NOW, THEREFORE, the parties agree as follows:
1.0 PARTIES TO THE AGREEMENT
The parties to this Agreement and their representatives to whom formal notices, demands
and communications will be given are:
a. The City of Fontana, a municipal corporation, having its principal office
8353 Sierra Avenue, Fontana, CA 92335:
Authorizing Representative:
City of Fontana
Ken Hunt, City Manager
8353 Sierra Avenue
Fontana, CA 92335
909-350-7618
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2009-179
PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF FONTANA AND
THE CITY OF SAN BERNARDINO FOR THE PURCHASE OF ONE ANIMAL
CONTROL VEHICLE - EXHIBIT "D"
b. The City of San Bemardino, having its principal address at 300 North "D"
Street, San Bemardino, California 92418.
Authoring Representative:
Charles MeNeely, City Manager
City Manager's Office
300 North "D" Street, 6th Floor
San Bernardino, CA 92418
Contact Representative: Don Johnson, Fleet Maintenance Supervisor
Public Services Department
300 North "D" Street, 4th Floor
San Bemardino, CA 92418
(909) 384-7213
2.0 NOTICES TO THE PARTIES
Formal notice, demands and communications to be given hereunder by either party must
be made in writing and may be effected by personal delivery or by registered or certified
mail, postage prepaid, return receipt requested and will be deemed communicated as of the
date of mailing.
If the name of the person designated to receive the notices, demands or communications or
the address of such person is changed, written notice will be given in accordance with this
Section, within five (5) working days of said change.
3,0 TERM OF AGREEMENT
This agreement is null and void if not fully executed by both parties within 30 days of the
execution of the resolution.
4.0 VEHICLE TO BE PROVIDED
The City of San Bernardino will sell one (1) 2004 Chevy 2500HD Extended Cab with
animal control Body to the City of Fontana in consideration of the agreement herein
contained.
5,0 CONSIDERATION
a, Fontana shall pay to San Bernardino $13,350 for one (I) 2004 Chevy 2500HD
Extended Cab.
b, No other expenses incurred by Fontana shall be reimbursed by San Bernardino.
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2009-179
PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF FONT ANA AND
THE CITY OF SAN BERNARDINO FOR THE PURCHASE OF ONE ANIMAL
CONTROL VEHICLE - EXHIBIT "D"
c. Fontana shall pay San Bemardino within 30 days of receipt of invoice. If Fontana
fails to pay San Bernardino within thirty (30) days after the invoice is submitted, Fontana
agrees that San Bernardino shall have the right, after written notice to Fontana, to consider
such default in payment a material breach of this entire agreement. Fontana shall have ten
(10) days following the date of such written notice within which to correct such breach. If
Fontana continues to fail to make the payment, the duties, obligations and responsibilities
of San Bernardino under this agreement are terminated and San Bernardino shall reclaim
the property identified in section 4.0 above.
6.0 INDEMNITY
San Bemardino shall indemnifY, defend, and hold harmless City and its officers, directors,
employees, and agents from and against any and all liability, expense (including, but not
limited to, defense costs and attorney's' fees), claims, causes of action and lawsuits for
damages of any nature whatsoever including, but not limited to, bodily injury, death,
personal injury or property damage (including property of San Bernardino) arising from or
connected with any alleged act and/or omission of San Bemardino, its officers, directors,
employees, agents, subcontractors or suppliers related to San Bernardino's use or
maintenance of the vehicles, and to indemnifY San Bernardino for the loss of said vehicle
up to the Fair Market Value (at the time the loan is originally made) of the Vehicle. This
indemnity shall survive termination of this Agreement.
7.0 AGREEMENTS
Any change in the terms of this Agreement must be incorporated into this Agreement by a
written amendment properly executed and signed by the persons authorized to bind the
parties hereto.
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2009-179
PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF FONTANA AND
THE CITY OF SAN BERNARDINO FOR THE PURCHASE OF ONE ANIMAL
CONTROL VEHICLE - EXHIBIT "D"
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed
by their respective duly authorized representatives.
~
THE CITY OF FONTANA
By: ~#:-Pr
Ken Hunt, City Manager
INO
Date: f (p?
By'
Charles McNeely, Ci
Date: .'{ {if () ~
APPROVED AS TO FORM:
APPROVED AS TO FORM:
BY:k~
City Attorney
By:
James F. P
City Atto
Date: 7-/~-t:?~
, '
Date: ?/~~ 7
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2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO - EXHIBIT "B"
THIS AGREEMENT ("Agreement") is made this k TU day of J~ 2009,
between the City of Colton, a municipal corporation (hereinafter "Colton") and CIty of San
Bernardino, a municipal corporation (hereinafter "San Bernardino"). Colton and San Bernardino
are herein referred to individually as a "Party" and collectively as the "Parties."
WHEREAS, Colton desires to extend the animal housing agreement for a period of six
(6) months, and
WHEREAS, San Bernardino has the knowledge, skills, resources, and experience that
qualifY it to provide those animal housing services for Colton;
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, Colton 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 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 shall not provide for
emergency veterinary care. Colton is responsible for transporting and seeking
appropriate emergency treatment for ill and/or injured animals.
3. Holding Periods. No dog, cat, or other domesticated animal shall be disposed of 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 Colton to be held
longer than required by law, other than rabies quarantine, shall additionally be charged
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.
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.
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2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO - EXHIBIT "B"
5. Consideration.
a. Colton shall pay to San Bemardino $10,000 per month. 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.
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 Bemardino shall have the right, after 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 Bemardino 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 5(a)
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 Bernardino
within ten (10) days of the date of the disputed invoice if Colton is disputing any sum
under sub-paragraph 5(a). Such withholdings shall not be deemed to constitute a
failure to pay as that term is used in sub-paragraph 5(e). 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. San Bernardino
shall provide all animal impound records and release forms to Colton as requested.
7. Funds Collected bv San Bemardino. Apprehension Fees, license deposits and penalties
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. Fees for adoption,
micro-chipping, daily board, vaccination, euthanasia and release shall be retained by San
Bemardino. Rabies vaccination deposits shall be refunded to the depositor upon presentation
of proof of vaccination.
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2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO - EXHIBIT "B"
8. Colton's Indemnification. Colton agrees and promises to indemnify, defend, and hold
harmless San Bernardino, 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 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 Bemardino, its officers, 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 Bemardino shall be considered as "attorney's fees" for the purposes of this
paragraph.
9. San Bernardino's Indemnification. San Bernardino agrees and promises to indemnify,
defend, and hold harmless Colton, 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 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 Colton, its officers, employees or agents.
10. Warrantv. San Bernardino makes no warranty, either express or implied, as to its
findings, recommendations, plans, reports, professional advice or other work except that
the work will be performed in accordance with generally accepted standards of practice
in effect at the time of such performance.
11. Worker's Compensation Insurance. San Bernardino is permissibly self-insured under the
Worker's Compensation laws of the State of Califomia and will provide worker's
compensation coverage for its employees and will ensure that the employees of any of its
subcontractors are covered by worker's compensation insurance in an amount and form to
meet all applicable requirements of the laws of the State of California. Colton shall not
provide worker's compensation insurance for any San Bernardino employee, agent or
subcontractor operating under the terms of this Agreement under any circumstances
whatsoever. Furthermore, notwithstanding any other provision set forth herein, Colton
shall not indemnify, defend or hold harmless San Bernardino, its officers, employees,
agents or subcontractors for worker's compensation claims.
12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or
transfer this Agreement or any interest therein directly or indirectly, by operation of law
or otherwise without the prior written consent of Colton. Any attempt to do so without
said consent shall be null and void, and any assignee, sublessee, hypotheeatee or
transferee shall acquire no right or interest by reason of such attempted assignment,
sublease, hypothecation or transfer.
3
2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO - EXHIBIT "B"
13. Anti-Discrimination. San Bernardino certifies and agrees that all persons employed by
San Bernardino are and will be treated equally by San Bernardino without regard to or
because of race, religion, ancestry, national origin, handicap, or sex and in compliance
with State and Federal Anti-Discrimination laws.
14. Indeoendent Contractor. San Bemardino 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.
15. Conflict of Interest.
(a) San Bernardino or its employees may be subject to the provlSlons 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.
16. Term. The term of this Agreement shall be for six 6 months, commencing on July 1,
2009, and terminating on December 31, 2009.
This agreement may be terminated by either party upon 30 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.
17. 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.
18. 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
Lt Bill Burrows Animal Control Manager
City of Colton Police Department City of San Bernardino
650 N. La Cadena Dr. 333 Chandler Place
Colton, CA 92324 San Bernardino, CA 92408
(909) 357-9957 (909) 384-1304 Ext 1515
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.
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2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO - EXHIBIT "B"
19. Attornev Fees.
In any litigation relating to this Agreement, the prevailing Party shall be entitled to
reasonable attomey fees. The costs, salary and expenses of any in-house counsel and/or
the City Attorney and members of his !her office 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 Bemardino 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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2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO - EXHIBIT "B"
IN WITNESS WHEREOF, the Parties hereto have accepted, made and executed this Agreement
upon the terms, conditions and provisions above stated, on the day and year set forth above.
CITY OF COLTON
A Municipal Corporati~n I -i--
BY:~~
Kelly J. Ch 'n, Mayor
Attest:
Attest:
CoIW1lL r2-4nw (2Mt &wi~\}y
City Clerk 0
~~f.;. ~
CIty Clerk
Approved as to Form:
6
2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
GRAND TERRACE AND THE CITY OF SAN BERNARDINO - EXHIBIT "c"
THIS AGREEMENT ("Agreement") is made this ~ day of ....l1 2009, between the
City of Grand Terrace, a municipal corporation (hereinafter "Grand Terrac ') and the City of San
Bemardino, a municipal corporation (hereinafter "San Bernardino"). Grand Terrace and San
Bemardino are herein referred to individually as a "Party" and collectively as the "Parties."
WHEREAS, Grand Terrace desires to extend the animal housing agreement for a period
of six months, and
WHEREAS, San Bernardino has the knowledge, skills, resources, and experience that
qualify it to provide those animal housing services for Grand Terrace;
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 Bemardino 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 Bemardino 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 shall be disposed of without an attempt to
notify the owner, if the owner is known by San Bemardino. San Bernardino shall not
provide for emergency veterinary care. Grand Terrace is responsible for transporting
and seeking appropriate emergency treatmentfor ill and/or injured animals.
3. Holding Periods. No dog, cat, or other domesticated animal shall be disposed of before
the time allotted for under state law. After the required holding period, the animal
becomes the property of San Bemardino 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 the prevailing Daily Board Fee, as set by City of San Bemardino 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.
a. Grand Terrace shall pay to San Bemardino $1,150 per month. San Bernardino shall
present an invoice on or before the tenth day of each month for the amount due.
2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
GRAND TERRACE AND THE CITY OF SAN BERNARDINO - EXHIBIT "c"
Grand Terrace shall pay said invoice not later than the last day of the month in which
billed.
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.
e. 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 ofthe disputed invoice if Grand Terrace is
disputing any sum under sub-paragraph 5(a). 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 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. Deoutization. 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
as requested.
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.
2
2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
GRAND TERRACE AND THE CITY OF SAN BERNARDINO - EXHIBIT "c"
8. Grand Terrace's Indemnification. Grand Terrace agrees and promises to indemnifY,
defend, and hold harmless San Bemardino, 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
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 Bemardino, its
officers, 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 Bemardino shall be considered as "attorney's
fees" for the purposes of this paragraph.
9. San Bernardino's Indemnification. San Bemardino 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
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 Grand Terrace, its officers,
employees or agents.
10. Warranty. San Bemardino makes no warranty, either express or implied, as to its
findings, recommendations, plans, reports, professional advice or other work except that
the work will be performed in accordance with generally accepted standards of practice
in effect at the time of such performance.
I I. Worker's Compensation Insurance. San Bemardino is permissibly self-insured under the
Worker's Compensation laws of the State of California and will provide worker's
compensation coverage for its employees and will ensure that the employees of any of its
subcontractors are covered by worker's compensation insurance in an amount and form to
meet all applicable requirements of the laws of the State of California. Grand Terrace
shall not provide worker's compensation insurance for any San Bemardino employee,
agent or subcontractor operating under the terms of this Agreement under any
circumstances whatsoever. Furthermore, notwithstanding any other provision set forth
herein, Grand Terrace shall not indemnifY, defend or hold harmless San Bemardino, its
officers, employees, agents or subcontractors for worker's compensation claims.
12. Prohibition Against Transfers. San Bemardino shall not assign, sublease, hypothecate or
transfer this Agreement or any interest therein directly or indirectly, by operation of law
or otherwise without the prior written consent of Grand Terrace. Any attempt to do so
without said consent shall be null and void, and any assignee, sublessee, hypothecatee or
transferee shall acquire no right or interest by reason of such attempted assignment,
sublease, hypothecation or transfer.
3
2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
GRAND TERRACE AND THE CITY OF SAN BERNARDINO - EXHIBIT "c"
13. Anti-Discrimination. San Bernardino certifies and agrees that all persons employed by
San Bernardino are and will be treated equally by San Bernardino without regard to or
because of race, religion, ancestry, national origin, handicap, or sex and in compliance
with State and Federal Anti-Discrimination laws.
14. Indeoendent 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.
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. Term. The term of this Agreement shall be for six 6 months, commencing on July 1,
2009, and terminating on December 31, 2009.
This agreement may be terminated by either party upon 30 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.
17. 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.
18. 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
8t""G-D"",uJ Animal Control Manager
City of Grand Terrace City of San Bernardino
22795 Barton Road 333 Chandler Place
Grand Terrace, CA 92313 San Bernardino, CA 92408
(909) 430-2226 (909) 384-1304 Ext 1515
4
2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
GRAND TERRACE AND THE CITY OF SAN BERNARDINO - EXHIBIT "c"
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.
19. Attornev Fees. In any litigation relating to this Agreement, the prevailing Party shall be
entitled to reasonable attomey fees. The costs, salary and expenses of any in-house
counsel and/or the City Attorney and members of hislher office 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 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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. .
2009-179
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
GRAND TERRACE AND THE CITY OF SAN BERNARDINO - EXHIBIT "c"
IN WITNESS WHEREOF, the Parties hereto have accepted, made and executed this Agreement
upon the terms, conditions and provisions above stated, on the day and year set forth above.
CITY OF GRAND TERRACE
A Munici al Corporation
r
Attest:
Attest:
~81.M1.d A 1lU~
City Clerk
a~h.~
~ City Clerk
Approved as to Form:
Approved as to Form:
U/L
City Attorney
f'
sF. Penman, City Attorney
6