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HomeMy WebLinkAbout2010-062 1 RESOLUTION NO. 2010-62 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANIMAL CONTROL AND HOUSING AGREEMENT BY THE BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF GRAND TERRACE FOR THE PERIOD OF APRIL 1,2010 THROUGH APRIL 1,2013 AND RATIFYING ANY ACTION TAKEN BETWEEN APRIL 1, 2010 AND THE DATE OF THIS RESOLUTION. 3 4 5 6 7 WHEREAS, on November 2, 2009 the City of San Bernardino entered into an eighteen 8 month Animal Housing Agreement with the City of Grand Terrace, effective January 1, 2010; and 9 lO WHEREAS, the City of Grand Terrace notified the City in January 2010 they would be 11 going out to bid for animal control and animal housing services; and l2 WHEREAS, the City of San Bernardino was the lowest qualified bidder; and 13 WHEREAS, upon the approval of an Animal Control and Housing Agreement, the previous l4 l5 Animal Housing Agreement for the City of Grand Terrace adopted per Resolution 2009-343 will l6 become null and void. l7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: l8 19 SECTION 1. The City Manager ofthe City of San Bernardino is hereby authorized 20 and directed to execute on behalf of the City, an Agreement with the City of Grand Terrace for 2l 22 animal control and housing services, a copy of which are attached hereto and incorporated herein, 23 marked as Exhibit "A." 24 SECTION 2. The implementation date of the Agreement is April 1, 2010; therefore, any 25 action taken between April 1, 2010 and the date that this Resolution is adopted is hereby ratified. 26 27 SECTION 3. The Director of Finance is authorized to amend the FY 2009/2010 Adopted 28 Budget as outlined in Exhibit "A." P:\LUCZAK\ANIMAL CONTROL\GT Resolution 201O.wpd 20 2l 22 23 24 25 26 I 27 I 28 2010-62 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANIMAL CONTROL AND HOUSING AGREEMENT BY THE BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF GRAND TERRACE FOR THE PERIOD OF APRIL 1,2010 THROUGH APRIL 1, 2013 AND RATIFYING ANY ACTION TAKEN BETWEEN APRIL 1, 2010 AND THE DATE OF THIS RESOLUTION. 2 3 4 5 6 SECTION 4. The Director of Human Resources is authorized to update the position control 7 resolution, Resolution 97-244, to reflect the addition of one Animal Control Officer. 8 SECTION 5. Approval void if not signed by the parties within 90 days of the effective do 9 lO hereof. 11 1// l2 1// 13 I l4 l5 I l6 I l7 I l8 I 19 I I I I I I P:\LUCZAK\ANIMAL CONTROL\GT Resolution 2010.wpd 2 20 2l 22 23 24 25 26 27 28 2010-62 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANIMAL CONTROL AND HOUSING AGREEMENT BY THE BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF GRAND TERRACE FOR THE PERIOD OF APRIL 1,2010 THROUGH APRIL 1,2013 AND RATIFYING ANY ACTION TAKEN BETWEEN APRIL 1,2010 AND THE DATE OF THIS RESOLUTION. 2 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on 7 8 9 the 5th day of April Council Members AYES MARQUEZ X - DESJARDINS X X BRINKER SHORETT X KELLEY X JOHNSON -X- MC CAMMACK X ,2010, by the following vote, to wit: NAYS ABSTAIN ABSENT lO 11 l2 l3 14 l5 l6 l7 l8 19 Q~ IJ.~ " City Clerk The foregoing resolution is hereby approved this _ 7m- day of April ,2010. ~ayor City of San Bernardino Approved as to form: James F. Penman, City Atto ey By: , P:\LUC K\ANIMAL CONTROL\GT Resolution 2010.wpd 3 Exhibit "A'~ PROFESSIONAL SERVICES AGREEMENT City of San Bemardino Animal Control and Housing Services THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this _ day of April, 2010, ("Effective Date") by and between the CITY OF GRAND TERRACE ("City"), a public entity, and the CITY OF SAN BERNARDINO, a public entity ("Service Provider"). 1. Scope of Services. City agrees to retain and does hereby retain Service Provider and Service Provider agrees to provide the services more particularly described in Exhibit "1", "Scope of Services and Fees", attached hereto and incorporated herein by reference, in conjunction with Animal Control and Housing Services ("Services"). 2. Tenn. This Agreement shall be effective on the date ftrst written above unless otherwise provided in Exhibit "1" and the Agreement shall remain in effect until April 1, 2013, unless otherwise tenninated pursuant to the provisions herein. This Agreement may be extended up to two years at the discretion of the City Manager and the acquiescence of Service Provider. 3. CompensationlPayment. Service Provider shall perform the Services under this Agreement for fees not to exceed $104,184.00 annually, payable monthly, in accordance with the terms set forth in Exhibit "A". Said paymeni shall be made in accordance with the City's usual accounting procedures upon receipt and approval of an invoice setting forth the services performed. The invoices shall be delivered to the City at the address set forth in Section 4 hereof. 4. Notices. Any notices required to be given hereunder shall be in writing and shall either be personally served or mailed ftrst class, postage paid. Any notice given by mail shall be deemed given when deposited in the United States Mail, rust class postage prepaid, addressed to the party to be served as follows: To City: City of Grand Terrace City Clerk 22795 Barton Road Grand Terrace, California 92313 To Service Provider: City of San Bernardino Attn: Sue Hoak, Manager, Animal Control 300 North "D" Street San Bernardino, California 92418 5. Prevailing Wage. Service Provider shall abide by all applicable labor laws. 6. Contract Administration. A designee of the City will be appointed to administer this Agreement on behalf of the City and shall be referred to herein as Contract Administrator. Page 1 of9 7. Standard of Perfonnance. While performing the Services, Service Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Service Provider's profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 8. Personnel. Service Provider shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Service Provider recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. 9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Service Provider shall not subcontract any portion of the work required by this Agreement without prior written approval by the City's Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. Service Provider acknowledges that any transfer of rights may require City Manager and/or City Council approval. 10. Independent Contractor. In the performance of this Agreement, Service Provider, and Service Provider's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and' not as officers or employees of the City of Grand Terrace. Service Provider acknowledges and agrees that City has no obligation to payor withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Service Provider, or to Service Provider's employees, subcontractors and agents. Service Provider, as an independent contractor, shall be responsible for any and all taxes that apply to Service Provider as an employer. 11. Indemnification. Service Provider agrees and promises to indemnify, defend and hold harmless City, 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 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 gross or willful misconduct of City, 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 any retained counsel and/or the City Attorney and members of his/her office shall be considered as "attorney fees" for the purpose of this paragraph. Page 2 of9 City agrees and promises to indemnify, defend and hold harmless Service Provider, 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 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 gross or willful misconduct of Service Provider, 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 any retained counsel and/or the City Attorney and members of his/her office shall be considered as "attorney fees" for the purpose of this paragraph. 12. Insurance. 12.1 General Provisions. Prior to the City's execution of this Agreement, Service Provider shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law. 12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Service Provider's inde~ification obligations under Section II hereof. 12.1.2 Ratings. Any insurance policy or coverage provided by Service Provider or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of B+ or higher and a Financial Class of VII or higher. 12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid. 12.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Service Provider pursuant to this Agreement are adequate to protect Service Provider. If Service Provider believes that any required insurance coverage is inadequate, Service Provider will obtain such additional insurance coverage as Service Provider deems adequate, at Service Provider's sole expense. 12.2 Workers' Compensation Insurance: By executing this Agreement, Service Provider certifies that Service Provider is aware of and will cornply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Page 3 of9 Service Provider shall carry the insurance or provide for self-insurance required by California law to protect said Service Provider from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement, Service Provider shall file with City either (1) a certificate of insurance showing that such insurance is in effect, or that Service Provider is self-insured for such coverage, or (2) a certified statement that Service Provider has no employees, and acknowledging that if Service Provider does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days prior written notice before modification or cancellation thereof. 12.3 Automobile Insurance. Prior to City's execution of this Agreement, Service Provider shall obtain, and shall thereafter maintain during the term of this Agreement, automobile liability insurance as required to insure Service Provider against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Service Provider. The City, and its officers, employees and agents, shall be named as additional insureds under the Service Provider's insurance policies. 12.3.1 Service Provider's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Service Provider's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Service Provider's performance of this Agreement, which vehicles shall include, but are not limited to, Service Provider owned vehicles, Service Provider leased vehicles, Service Provider's employee vehicles, non-Service Provider owned vehicles and hired vehicles. 12.3.2 Prior to City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for automobile liability insurance, shall be filed with the City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: It is agreed that the City of Grand Terrace and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Grand Terrace. 12.4 Errors and Omissions Insurance. Prior to City's execution of this Agreement, Service Provider shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of $1,000,000 to protect the City from claims resulting from the Service Provider's activities. 12.5 Subcontractors' Insurance. Service Provider shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may Page 4 of 9 be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation (except for a sole proprietor), Commercial General Liability, and Automobile liability. Upon City's request, Service Provider shall provide the City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 12.6 Certificate of Self.Insurance. In lieu of the foregoing policy(ies) of insurance, Service Provider may file a Certificate of Self-insurance with City to satisfy the insurance requirements under this Agreement. 13. Business Tax. Service Provider is a municipal government and exempt from the City's Business Tax. 14. Time of Essence. Time is of the essence for each and every provision of this Agreement. 15. City's Right to Employ Other Service Providers. City reserves the right to ernp10y other Service Providers in connection with the Services. 16. Accounting Records. Service Provider shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. Service Provider shall allow a representative of City during normal business hours and upon reasonable notice to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Service Provider shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Service Provider in connection with the performance of this Agreement shall be held confidential by Service Provider, except as otherwise directed by City's Contract Administrator, or as provided by law. Nothing furnished to Service Provider which is otherwise known to the Service Provider or is generally known, or has become known, to the related industry shall be deemed confidential. Service Provider shall not use City's name or insignia, photographs of the Services, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production, website, or other similar medium without the prior written consent of the City. 18. Ownership of Documents. All contracts and invoices prepared under this Agreement by Service Provider shall be and remain the property of City upon City's compensation to Service Provider for its services as herein provided. Service Provider shall not release to others information furnished by City without prior express written approval of City except as provided by law. 5 19. Conffict of Interest. Service Provider warrants that if Service Provider has any real property, business interests or income interests that will be affected by this project it will notify City, or, alternatively, that Service Provider will file with the City an affidavit disclosing any such interest. 20. Solicitation. Service Provider warrants that Service Provider has not employed or retained any person or City to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to tenninate this Agreement without liability and pay Service Provider only for the value of work Service Provider has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Seryice Provider the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 21. General Compliance with Laws. Service Provider shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Service Provider, or in any way affect the performance of services by Service Provider pursuant to this Agreement. Service Provider shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 22. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Service Provider and City. 23. Termination. City and the Service Provider, by notifying the other party in writing, shall have the right to tenninate any or all of Service Provider's services and work covered by this Agreement at any time. In the event of such tennination, Service Provider may submit Service Provider's final written statement of the amount of Service Provider's services as of the date of such tennination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City's rights under Sections 15 and 24 hereof. In ascertaining the work actually rendered through the tennination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City. 23.1 Other than as stated below, City and Service Provider shall provide the other party thirty (30) days prior written notice prior to tennination. 23.2 City may tenninate this Agreement upon fifteen (15) days written notice to Service Provider, in the event: 23.2.1 Service Provider substantially fails to perform or materially breaches the Agreement; or Page 6 of9 23.2.2 City decides to abandon or postpone the Services. 24. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Service Provider and its permitted successors and assigns, and shall not be assigned by Service Provider, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 25. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, or, if applicable, the United States District Court, Central District of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 26. Nondiscrimination. During Service Provider's performance of this Agreement, Service Provider shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of mater,ials and equipment, except as provided in Section 12940 of the California Government Code. Further, Service Provider agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 27. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 28. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Service Provider each represent and warrant that they have the legal power, right and actual authority to bind Service Provider to the terms and conditions hereof and thereof. 29. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. Page 7 of9 30. Interpretation. City and Service Provider acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 30.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers are to sections in the Agreement unless expressly stated otherwise. 30.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 30.3 In the event of a conflict between the body of this Agreement and Exhibit "1" hereto, the terms contained in Exhibit "1" shall be controlling. 31. No Third Party Beneficiaries. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. 32. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference: Exhibit "1" - Scope of Work, Schedul~, and Fees IN WITNESS WHEREOF City and Service Provider have caused this Agreement to be duly executed the day and year fust above written. CITY OF GRAND TERRACE A Public Entity BY~f~ C' Mager CITY OF SAN BERNARDINO Service Provider By: City Manager APPROVED AS TO FORM: APPROVED AS TO FORM: By: City Attorney - San Bernardino Page 8 of9 EXHffiIT "I" SCOPE OF SERVICES, SCHEDULE, AND FEES Page 9 of 9 EXHIBIT 1 City of Grand Terrace Scope of Services, Schedule and Fees Animal Care and Control Program 1. Citv Ordinance The City of San Bernardino ("San Bernardino") will provide a comprehensive animal care and control program for the City of Grand Terrace ("Grand Terrace") under the provisions of the Municipal Code of Grand Terrace which prescribes procedures and standards for licensing, impounding, regulation and control of dogs, cats and other domestic and wild animals. San Bernardino Animal Control Department and its officers have the authority to enforce those codes relating to all matters of animal control contained in the Municipal Code of Grand Terrace, including any codes contained in any supplemental documents to Municipal Code of Grand Terrace related to zoning and development code that also affect animals. Further, Grand Terrace will consult with San Bernardino on any proposed new ordinance or ordinance change dealing with animal control matters. 2. Term The term of the Agreement shall be April 1 , 2010 through April 1 , 2013. 3. Consideration Grand Terrace agrees to compensate San Bernardino $8,682.00 per month for services and work products as defined in this exhibit for the period April 1, 2010 through April 1, 2013. 4. Impound, Care and Disposal of Doas and other Domestic and Wild Animals Subject to any exclusions, San Bernardino will operate an animal care and control program for Grand Terrace consisting of the following activities: field services, and shelter services. In the conduct of this program, San Bernardino will perform the following specific functions: (a) Enforce all provisions of Grand Terrace City Ordinances pertaining to animals, to include issuing warning notices or citations as necessary. San Bernardino may also file citations directly with the Court. The City Attorney for Grand Terrace will process any legal action and appear in court, as necessary, on animal related cases. (b) Impound all animals caught at large and collect all impound fees assessed. (c) Remove dead animals from the pUblic right-of-way, except state freeways. (d) Respond to requests for assistance in the trapping and removal of domestic animals from public or private property during normal operating hours. San 1 Bernardino will offer advice in setting a trap in any enclosed space and will remove wild animals (not including rodents or insects) caught in a trap or found inside any human dwelling. Animal Control employees shall not be required to maintain on-premise surveillance unless in the opinion of the Director of Animal Control or designee there is a direct, clear and present danger to human life. San Bernardino will provide traps for nuisance animals upon request. (e) Investigate reported animal bites and quarantine, as prescribed by law, all biting animals and animals suspected to be rabid. San Bernardino shall take appropriate steps consistent with the circumstances of each separate incident to locate and impound the suspect animal or animals and or assist the complainant and or injured party or parties to trap the suspected animal or animals. (f) Provide euthanasia services as required for animals held for the state-mandated legal holding period if these animals are not reclaimed by their owners and are deemed unsuitable or unavailable by San Bernardino for adoption. All impounded animals will be scanned for microchips. Animals with identification, licenses or microchips will be held up to ten (10) days and attempts will be made to contact the owner. (g) Respond to every call for service either by animal control officer, letter or phone, except for excluded items. (h) Cats: San Bernardino will not be required to respond to calls of cats running at large, confined stray cats or trapped cats. Traps for the purpose of capturing cats shall be made available to the residents of Grand Terrace. Unless exceptional circumstances exist, residents of Grand Terrace shall be responsible for obtaining, monitoring and returning all traps used for this purpose. (i) All services available to San Bernardino residents for which there is a fee shall be made available to Grand Terrace residents for the same fee. (j) Grand Terrace residents may bring stray, un-owned animals to the San Bernardino shelter at no charge to the resident. 5. Doa Licensina Grand Terrace residents redeeming their dog(s) will be required to pay a license deposit prior to the dog's release. All licensing deposits generated by Grand Terrace residents will be accounted for in monthly accounting statements provided to Grand Terrace by San Bernardino and remitted by San Bernardino to Grand Terrace on a monthly basis. 6. Animal Care Education and Information Proaram San Bernardino will provide public educational/information programs to Grand Terrace Schools, City employee groups, service groups and other organizations, upon request. 7. Veterinarv Services Proaram San Bernardino will provide private veterinary services for the care of injured and sick animals that are impounded. The cost of this service is included in the contract price. 2 8. Staffina Level and Hours of Service (a) Field Services San Bernardino will provide routine field services for Grand Terrace Monday through Friday between 8:00 a.m. and 5:00 p.m. A more limited service is provided on Saturdays, Sundays and Holidays. Calls to be considered routine and to be handled during the normal course of the officer's shift and include: . Confined strays . Dead animals · Stray dogs running at large · HumanelAnimal Cruelty investigations · Animal bites · Wildlife in human dwellings (not including rodents or insects) . Miscellaneous calls such as pet shop investigations, sanitation complaints, license checks, for-fee pick-ups, courtesy pick-ups, etc. After hour emergency call-out service is provided daily from 5:00 p.m. to 8:00 a.m. Grand Terrace may contact animal control field personnel via emergency pager, for after-hour service. A live after-hour answering service is available for Grand Terrace residents. (b) Shelter Hours and Telepho~e I.ine: The San Bernardino shelter shall be open to the public Tuesday through Saturday from 10:00 a.m. to 5:00 p.m. The shelter will be closed on Sundays, Monday and holidays. The phone lines will be answered twenty-four hours per day. (c) Emeraencv After-Hours Procedures: The reporting party (RP) will contact the Grand Terrace Police/Fire Dispatch, or the City of San Bernardino Animal Control. If the dispatcher deems the call an emergency (see criteria below) the dispatcher will page the on-call animal control officer (ACO). The ACO will contact Grand Terrace Dispatch; obtain the RP's name and phone number and follow-up with the RP for additional information. The dispatcher will advise the RP, to remain by a phone for contact by the ACO. Unless requested by Grand Terrace, it will not be necessary for the ACO to notify the dispatcher of the disposition of the call. If the emergency response is an agency assist request by Grand Terrace Police/Fire, the ACO will automatically respond. San Bernardino will provide a monthly listing of on-call animal control personnel. San Bernardino will provide personnel to train Grand Terrace dispatchers in on- call procedures, as requested. Criteria for Emeraencv Call-Out . Injured stray animals 3 . Loose "aggressive" animals. . Animal bites/attacks. . Loose livestock if a threat to public safety . Other dangerous or Poisonous animal situations posing public safety. . Agency Assists for Fire, Police, Sheriff, etc. Emergency Calls will be responded to within thirty (30) minutes of receipt by San Bernardino when practicable. If the dispatcher determines that the call does not meet emergency call-out criteria, the RP will be instructed to contact animal control during regular business hours. San Bernardino personnel will not respond on an emergency basis to loose animals, dead animals, wildlife, confined strays and sick or injured animals. 9. Insoection Designated personnel from Grand Terrace may, at any time during normal business hours, inspect the office, shelter, vehicles and other facilities connected to servicing this Agreement. 10. Reclaimed Animals Animals reclaimed by their owners will be charged redemption fees in accordance with City of San Bernardino resolutions and applicable state laws. San Bernardino will retain such fees. 10. Exclusions San Bernardino will not be required to: . Conduct rabies vaccination and license clinics. . Provide dog license canvassers. · Administer and sell Grand Terrace dog licenses. · Handle animal noise complaints. 4 2010-62 EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT City of San Bernardino Animal Control and Housing Services THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this ~ day of April, 2010, ("Effective Date") by and between the CITY OF GRAND TERRACE ("City"), a public entity, and the CITY OF SAN BERNARDINO, a public entity ("Service Provider"). 1. Scope of Services. City agrees to retain and does hereby retain Service Provider and Service Provider agrees to provide the services more particularly described in Exhibit "1", "Scope of Services and Fees", attached hereto and incorporated herein by reference, in conjunction with Animal Control and Housing Services ("Services"). 2. Tenn. This Agreement shall be effective on the date fIrst written above unless otherwise provided in Exhibit "I" and the Agreement shall remain in effect until April 1, 2013, unless otherwise terminated pursuant to the provisions herein. This Agreement may be extended up to two years at the discretion of the City Manager and the acquiescence of Service Provider. 3. CompensationlPayment. Service Provider shall perform the Services under this Agreement for fees not to exceed $104,184.00 annually, payable monthly, in accordance with the terms set forth in Exhibit "A". Said payment shall be made in accordance with the City's usual accounting procedures upon receipt and approval of an invoice setting forth the services performed. The invoices shall be delivered to the City at the address set forth in Section 4 hereof. 4. Notices. Any notices required to be given hereunder shall be in writing and shall either be personally served or mailed fIrst class, postage paid. Any notice given by mail shall be deemed given when deposited in the United States Mail, fIrst class postage prepaid, addressed to the party to be served as follows: To Citv: City of Grand Terrace City Clerk 22795 Barton Road Grand Terrace, California 92313 To Service Provider: City of San Bernardino Attn: Sue Hoak, Manager, Animal Control 300 North "D" Street San Bernardino, California 92418 5. Prevailing Wage. Service Provider shall abide by all applicable labor laws. 6. Contract Administration. A designee of the City will be appointed to administer this Agreement on behalf of the City and shall be referred to herein as Contract Administrator. Page lof9 2010-62 7. Standard of Performance. While performing the Services, Service Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Service Provider's profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 8. Personnel. Service Provider shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Service Provider recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. 9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Service Provider shall not subcontract any portion of the work required by this Agreement without prior written approval by the City's Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without lirnitation, the insurance obligations set forth in Section 12. Service Provider acknowledges that any transfer of rights may require City Manager and/or City Council approval. 10. Independent Contractor. In the performance of this Agreement, Service Provider, and Service Provider's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Grand Terrace. Service Provider acknowledges and agrees that City has no obligation to payor withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Service Provider, or to Service Provider's employees, subcontractors and agents. Service Provider, as an independent contractor, shall be responsible for any and all taxes that apply to Service Provider as an employer. 11. Indemnification. Service Provider agrees and promises to indemnify, defend and hold harmless City, 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 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 gross or willful misconduct of City, 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 any retained counsel and/or the City Attorney and members of hislher office shall be considered as "attorney fees" for the purpose of this paragraph. Page 2 of9 2010-62 City agrees and promises to indemnify, defend and hold harmless Service Provider, 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 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 gross or willful misconduct of Service Provider, 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 any retained counsel and/or the City Attorney and members of his/her office shall be considered as "attorney fees" for the purpose of this paragraph. 12. Insurance. 12.1 General Provisions. Prior to the City's execution of this Agreement, Service Provider shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law. 12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Service Provider's indemnification obligations under Section 11 hereof. 12.1.2 Ratings. Any insurance policy or coverage provided by Service Provider or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of B+ or higher and a Financial Class of VII or higher. 12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid. 12.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Service Provider pursuant to this Agreement are adequate to protect Service Provider. If Service Provider believes that any required insurance coverage is inadequate, Service Provider will obtain such additional insurance coverage as Service Provider deems adequate, at Service Provider's sole expense. 12.2 Workers' Compensation Insurance: By executing this Agreement, Service Provider certifies that Service Provider is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Page 3 of9 2010-62 Service Provider shall carry the insurance or provide for self-insurance required by California law to protect said Service Provider from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement, Service Provider shall file with City either (1) a certificate of insurance showing that such insurance is in effect, or that Service Provider is self-insured for such coverage, or (2) a certified statement that Service Provider has no employees, and acknowledging that if Service Provider does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (l0) days prior written notice before modification or cancellation thereof. 12.3 Automobile Insurance. Prior to City's execution of this Agreement, Service Provider shall obtain, and shall thereafter maintain during the term of this Agreement, automobile liability insurance as required to insure Service Provider against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Service Provider. The City, and its officers, employees and agents, shall be named as additional insureds under the Service Provider's insurance policies. 12.3.1 Service Provider's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Service Provider's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Service Provider's performance of this Agreement, which vehicles shall include, but are not limited to, Service Provider owned vehicles, Service Provider leased vehicles, Service Provider's employee vehicles, non-Service Provider owned vehicles and hired vehicles. 12.3.2 Prior to City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for automobile liability insurance, shall be filed with the City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: It is agreed that the City of Grand Terrace and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Grand Terrace. 12.4 Errors and Omissions Insurance. Prior to City's execution of this Agreement, Service Provider shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of $1,000,000 to protect the City from claims resulting from the Service Provider's activities. 12.5 Subcontractors' Insurance. Service Provider shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may Page 4 of9 2010-62 be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation (except for a sole proprietor), Commercial General Liability, and Automobile liability. Upon City's request, Service Provider shall provide the City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 12.6 Certificate of Self-Insurance. In lieu of the foregoing policy(ies) of insurance, Service Provider may file a Certificate of Self-insurance with City to satisfy the insurance requirements under this Agreement. 13. Business Tax, Service Provider is a municipal government and exempt from the City's Business Tax. 14. Time of Essence. Time is of the essence for each and every provision of this Agreement. 15. City's Right to Employ Other Service Providers. City reserves the right to employ other Service Providers in connection with the Services. 16. Accounting Records. Service Provider shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. Service Provider shall allow a representative of City during normal business hours and upon reasonable notice to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Service Provider shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Service Provider in connection with the performance of this Agreement shall be held confidential by Service Provider, except as otherwise directed by City's Contract Administrator, or as provided by law. Nothing furnished to Service Provider which is otherwise known to the Service Provider or is generally known, or has become known, to the related industry shall be deemed confidential. Service Provider shall not use City's name or insignia, photographs of the Services, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production, website, or other similar medium without the prior written consent of the City. 18. Ownership of Documents. All contracts and invoices prepared under this Agreement by Service Provider shall be and remain the property of City upon City's compensation to Service Provider for its services as herein provided. Service Provider shall not release to others information furnished by City without prior express written approval of City except as provided by law. 5 2010-62 19. Conffict of Interest. Service Provider warrants that if Service Provider has any real property, business interests or income interests that will be affected by this project it will notify City, or, alternatively, that Service Provider will file with the City an affidavit disclosing any such interest. 20. Solicitation. Service Provider warrants that Service Provider has not employed or retained any person or City to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to tenninate this Agreement without liability and pay Service Provider only for the value of work Service Provider has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Service Provider the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 21. General Compliance with Laws. Service Provider shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Service Provider, or in any way affect the performance of services by Service Provider pursuant to this Agreement. Service Provider shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 22. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Service Provider and City. 23. Termination. City and the Service Provider, by notifying the other party in writing, shall have the right to tenninate any or all of Service Provider's services and work covered by this Agreement at any time. In the event of such tennination, Service Provider may submit Service Provider's final written statement of the amount of Service Provider's services as of the date of such tennination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City's rights under Sections 15 and 24 hereof. In ascertaining the work actually rendered through the tennination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City. 23.1 Other than as stated below, City and Service Provider shall provide the other party thirty (30) days prior written notice prior to tennination. 23.2 City may tenninate this Agreement upon fifteen (15) days written notice to Service Provider, in the event: 23.2.1 Service Provider substantially fails to perform or materially breaches the Agreement; or Page 6 of9 2010-62 23.2.2 City decides to abandon or postpone the Services. 24. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Service Provider and its permitted successors and assigns, and shall not be assigned by Service Provider, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 25. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, or, if applicable, the United States District Court, Central District of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 26. Nondiscrimination. During Service Provider's performance of this Agreement, Service Provider shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Service Provider agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 27. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 28. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Service Provider each represent and warrant that they have the legal power, right and actual authority to bind Service Provider to the terms and conditions hereof and thereof. 29. Entire Agreement: This Agreement constitutes the final. complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. Page 7 of9 2010-62 30. Interpretation. City and Service Provider acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 30.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers are to sections in the Agreement unless expressly stated otherwise. 30.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 30.3 In the event of a conflict between the body of this Agreement and Exhibit "1" hereto, the terms contained in Exhibit" 1" shall be controlling. 31. No Third Party Beneficiaries. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. 32. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference: Exhibit "I" - Scope of Work, Schedule, and Fees IN WITNESS WHEREOF City and Service Provider have caused this Agreement to be duly executed the day and year first above written. CITY OF GRAND TERRACE A Public Entity BY~~ C' y Mager By: APPROVED AS TO FORM: Page 8 of9 2010-62 EXHIBIT "I" SCOPE OF SERVICES, SCHEDULE, AND FEES Page 9 of9 2010-62 EXHIBIT 1 City of Grand Terrace Scope of Services, Schedule and Fees Animal Care and Control Program 1. City Ordinance The City of San Bernardino ("San Bernardino") will provide a comprehensive animal care and control program for the City of Grand Terrace ("Grand Terrace") under the provisions of the Municipal Code of Grand Terrace which prescribes procedures and standards for licensing, impounding, regulation and control of dogs, cats and other domestic and wild animals. San Bernardino Animal Control Department and its officers have the authority to enforce those codes relating to all matters of animal control contained in the Municipal Code of Grand Terrace, including any codes contained in any supplemental documents to Municipal Code of Grand Terrace related to zoning and development code that also affect animals. Further, Grand Terrace will consult with San Bernardino on any proposed new ordinance or ordinance change dealing with animal control matters. 2. Term The term of the Agreement shall be April 1 , 2010 through April 1 , 2013. 3. Consideration Grand Terrace agrees to compensate San Bernardino $8,682.00 per month for services and work products as defined in this exhibit for the period April 1 , 2010 through April 1, 2013. 4. Imoound. Care and Disoosal of Docs and other Domestic and Wild Animals Subject to any exclusions, San Bernardino will operate an animal care and control program for Grand Terrace consisting of the following activities: field services, and shelter services. In the conduct of this program, San Bernardino will perform the following specific functions: (a) Enforce all provisions of Grand Terrace City Ordinances pertaining to animals, to include issuing warning notices or citations as necessary. San Bernardino may also file citations directly with the Court. The City Attorney for Grand Terrace will process any legal action and appear in court, as necessary, on animal related cases. (b) Impound all animals caught at large and collect all impound fees assessed. (c) Remove dead animals from the public right-of-way, except state freeways. (d) Respond to requests for assistance in the trapping and removal of domestic animals from public or private property during normal operating hours. San 1 2010-62 Bernardino will offer advice in setting a trap in any enclosed space and will remove wild animals (not including rodents or insects) caught in a trap or found inside any human dwelling. Animal Control employees shall not be required to maintain on-premise surveillance unless in the opinion of the Director of Animal Control or designee there is a direct, clear and present danger to human life. San Bernardino will provide traps for nuisance animals upon request. (e) Investigate reported animal bites and quarantine, as prescribed by law, all biting animals and animals suspected to be rabid. San Bernardino shall take appropriate steps consistent with the circumstances of each separate incident to locate and impound the suspect animal or animals and or assist the complainant and or injured party or parties to trap the suspected animal or animals. (f) Provide euthanasia services as required for animals held for the state-mandated legal holding period if these animals are not reclaimed by their owners and are deemed unsuitable or unavailable by San Bernardino for adoption. All impounded animals will be scanned for microchips. Animals with identification, licenses or microchips will be held up to ten (10) days and attempts will be made to contact the owner. (g) Respond to every call for service either by animal control officer, letter or phone, except for excluded items. (h) Cats: San Bernardino will not be required to respond to calls of cats running at large, confined stray cats or trapped cats. Traps for the purpose of capturing cats shall be made available to the residents of Grand Terrace. Unless exceptional circumstances exist, residents of Grand Terrace shall be responsible for obtaining, monitoring and returning all traps used for this purpose. (i) All services available to San Bernardino residents for which there is a fee shall be made available to Grand Terrace residents for the same fee. 0) Grand Terrace residents may bring stray, un-owned animals to the San Bernardino shelter at no charge to the resident. 5. Doa Licensina Grand Terrace residents redeeming their dog(s) will be required to pay a license deposit prior to the dog's release. All licensing deposits generated by Grand Terrace residents will be accounted for in monthly accounting statements provided to Grand Terrace by San Bernardino and remitted by San Bernardino to Grand Terrace on a monthly basis. 6. Animal Care Education and Information Proaram San Bernardino will provide public educationallinformation programs to Grand Terrace Schools, City employee groups, service groups and other organizations, upon request. 7. Veterinarv Services Proaram San Bernardino will provide private veterinary services for the care of injured and sick animals that are impounded. The cost of this service is included in the contract price. 2 2010-62 8. Staffina Level and Hours of Service (a) Field Services San Bernardino will provide routine field services for Grand Terrace Monday through Friday between 8:00 a.m. and 5:00 p.m. A more limited service is provided on Saturdays, Sundays and Holidays. Calls to be considered routine and to be handled during the normal course of the officer's shift and include: . Confined strays . Dead animals . Stray dogs running at large . HumanelAnimal Cruelty investigations . Animal bites . Wildlife in human dwellings (not including rodents or insects) · Miscellaneous calls such as pet shop investigations, sanitation complaints, license checks, for-fee pick-ups, courtesy pick-ups, etc. After hour emergency call-out service is provided daily from 5:00 p.m. to 8:00 a.m. Grand Terrace may contact animal control field personnel via emergency pager, for after-hour service. A live after-hour answering service is available for Grand Terrace residents. (b) Shelter Hours and Teleohone Line: The San Bernardino shelter shall be open to the public Tuesday through Saturday from 10:00 a.m. to 5:00 p.m. The shelter will be closed on Sundays, Monday and holidays. The phone lines will be answered twenty-four hours per day. (c) Emeraencv After-Hours Procedures: The reporting party (RP) will contact the Grand Terrace Police/Fire Dispatch, or the City of San Bernardino Animal Control. If the dispatcher deems the call an emergency (see criteria below) the dispatcher will page the on-call animal control officer (ACO). The ACO will contact Grand Terrace Dispatch; obtain the RP's name and phone number and follow-up with the RP for additional information. The dispatcher will advise the RP, to remain by a phone for contact by the ACO. Unless requested by Grand Terrace, it will not be necessary for the ACO to notify the dispatcher of the disposition of the call. If the emergency response is an agency assist request by Grand Terrace Police/Fire, the ACO will automatically respond. San Bernardino will provide a monthly listing of on-call animal control personnel. San Bernardino will provide personnel to train Grand Terrace dispatchers in on- call procedures, as requested. Criteria for Emeraencv Call-Out . Injured stray animals 3 2010-62 . Loose "aggressive" animals. . Animal bites/attacks. . Loose livestock if a threat to public safety . Other dangerous or Poisonous animal situations posing public safety. . Agency Assists for Fire, Police, Sheriff, etc. Emergency Calls will be responded to within thirty (30) minutes of receipt by San Bernardino when practicable. If the dispatcher determines that the call does not meet emergency call-out criteria, the RP will be instructed to contact animal control during regular business hours. San Bernardino personnel will not respond on an emergency basis to loose animals, dead animals, wildlife, confined strays and sick or injured animals. 9. Insoection Designated personnel from Grand Terrace may, at any time during normal business hours, inspect the office, shelter, vehicles and other facilities connected to servicing this Agreement. 10. Reclaimed Animals Animals reclaimed by their owners will be charged redemption fees in accordance with City of San Bernardino resolutions and applicable state laws. San Bernardino will retain such fees. 10. Exclusions San Bernardino will not be required to: . Conduct rabies vaccination and license clinics. . Provide dog license canvassers. . Administer and sell Grand Terrace dog licenses. . Handle animal noise complaints. 4 0 POLICE DEPARTMENT +!{ ROBERT HANDY-CHIEF OF POLICE P.O.Box 1559•San Bernardino•CA 92402-1559 c' I I \ 01- 909.384.5742 www.sbcity.org San Bernar Ino SM September 26,2013 Betsy Adams, City Manager City of Grano ferracc 22795 Barton Road Grand Terrace, CA 92313 Re: Service Agreement/Shelter Improvement Fund Ms. Adams, Upon reviewing the agreements between the City of Grand Terrace and the City of San Bernardino for animal control services for fiscal years 2011/12, 2012/13, and 2013/14 1 discovered that the 15% earmarked for the Shelter Improvement Fund was not specifically identified. While this has no bearing on the fiscal year totals, it does have an effect as to the Fund's balance when reconciling the account. The original agreement became effective on April 5, 2010 and stated animal control services for the City of Grand Terrace would have an annual cost of $104,184 through the term of the agreement, which was April 1, 2010 through April 1, 2013. On March 18, 2013, the City of Grand Terrace elected to extend this agreement for one single year at an annual cost of$121,629. This extension is due to expire on March 31, 2014. Although factored in to the total annual cost, both agreements failed to identify that amount to be set aside annually for the Shelter Improvement Fund, which is a restricted account. Based on my calculations, the City of Grand Terrace contributed $15,628 for FY 2011/12 and FY 2012/13 towards the Fund. The Shelter Improvement Fund that was built into the extension for FY 2013/14 is $18,244. Again, these are not increases but merely identifying that the City of Grand Terrace has and is contributing to the Shelter Improvement Fund and what those amounts are. LEADERS IN SETTING THE STANDARD OF EXCELLENCE On behalf of Grand Terrace and as indicated in this correspondence, the amount stated in the contract includes a Shelter Improvement Fund, which was intended to be used specifically on shelter improvements. This letter is not intended to change any terms or conditions of the contract but to simply clarify the existing contract. If you are in concurrence, I ask that you execute this letter at the bottom and return the original to me. Very tr v yours, '';',"1-'( 7X Ray and W. King J --"---- POLICE CAPTAIN Affirm: Betsy ams, Ci Manager