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HomeMy WebLinkAbout2012-027 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 III 26 I 27 I 28 RESOLUTION NO. 2012-27 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE ANIMAL CONTROL ANDIOR HOUSING AGREEMENTS BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE CITIES OF FONTANA, COLTON, AND LOMA LINDA FOR THE PERIOD OF JULY 1, 2011 THROUGH JUNE 30, 2014, AND RATIFYING ACTIONS TAKEN BETWEEN JULY 1,2011 TO THE DATE OF EXECUTION OF THE CONTRACTS WHEREAS, the City of San Bernardino has provided housing services to the cities of Colton and Fontana and has provided field services as well as animal housing to Lorna Linda for a number of years; and WHEREAS, the cities of Fontana and Colton desire to continue housing services with the City of San Bernardino and Lorna Linda desires to continue animal housing and animal control services with the City of San Bernardino. 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, the Agreements with the cities of Fontana, Colton and Lorna Linda, copies of which are attached hereto and incorporated herein, marked as Exhibits "A", "B", and "C," respectively. SECTION 2. Any action taken by the City of San Bernardino's Animal Control Department in furtherance of providing housing services and/or animal control services to the cities of Fontana, Colton, and Lorna Linda between July 1, 2011 and the date the contracts are executed is hereby ratified. 2012-27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE ANIMAL CONTROL AND/OR HOUSING AGREEMENTS BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE CITIES OF FONTANA, COLTON, AND LOMA LINDA FOR THE PERIOD OF JULY 1, 2011 THROUGH JUNE 30, 2014 AND RATIFYING ACTIONS TAKEN BETWEEN JULY 1, 2011 TO THE DATE OF EXECUTION OF THE CONTRACTS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ioint regular meeting thereof, held on the 21st day of February, 2012, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ x - JENKINS x BRINKER x - SHORETT x KELLEY X JOHNSON x MCCAMMACK x a~h.~ Racl1el G. Clark, CMC, City Clerk The foregoing resolution is hereby approved this ~? T}f day of February , 2012. Approved as to form: JAMES F. PENMAN, City Attorney By: ~ i ~~c;~~. Jr~ 2012-27 Exhibit A ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF FONTANA AND THE CITY OF SAN BERNARDINO THIS AGREEMENT ("Agreement") is made this 1st day of July 2011, 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 provide for its citizens an animal housing service; 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 Bernardino 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. Holdinf?: Periods. No dog, cat, or other domesticated animal shall be disposed of before the time allotted 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 state law. Animals requested by Fontana to be held longer than required by state 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) calendar days from the date of the bite with no additional charge to Fontana. 4. Warranty of Lawful Apprehension. Fontana warrants to San Bernardino that all animals impounded by its agents, employees or other authorized representatives have been legally apprehended and impolmded pursuant to existing state laws. 2012-27 Exhibit A ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF FONTANA AND THE CITY OF SAN BERNARDINO 5. Consideration. a. Subject to Section 5e, Fontana shall pay to San Bernardino a service fee of $491 ,793 for animal housing services. Additionally, Fontana shall pay a Shelter Improvement Fee equal to 15% or $86,787 of the Service Fee for animal shelter improvements. The total contract amount is equal to the sum of the Service Fee and Shelter Improvement Fee, or $578,580, each fiscal year. San Bernardino shall present an invoice on or before the tenth day of each month for the amount due. Fontana shall pay said invoice no later than the last day of the month in which billed. b. Fontana shall promptly review invoices and notify San Bernardino of any objection thereto; absent such objection in writing within ten (10) calendar days of the date of the invoice, the invoice shall be deemed proper and acceptable. c. If Fontana fails to pay San Bernardino within thirty (30) calendar 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) calendar 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 Bernardino does not release Fontana from the obligation to pay San Bernardino 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 Bernardino within ten (10) calendar days of the date of issuance of the disputed invoice if Fontana is disputing any sum under section Sea). Such withholdings shall not be deemed to constitute a failure to pay as that term is used in section 5(c). San Bernardino shall not discontinue its service for a period of thirty (30) calendar days from the date of the withholding, as a result of such withholding. San Bernardino 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. e. The compensation fee or payment amooot for services rendered herein shall be adjusted upward on July 1 not less than 3% and not more than 5% and shall be based on the Bureau of Labor Statistics' CPI for the Western Region ofthe United States. 2 2012-27 Exhibit A ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF FONTANA AND THE CITY OF SAN BERNARDINO 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 Bernardino shall provide all animal impound records and release forms to Fontana as requested. 7. Funds Collected by San Bernardino. Apprehension Fees, license deposits and penalties collected by San Bernardino for Fontana in connection with this Agreement shall be paid to Fontana on or before the twentieth calendar day of each month following collection. Fees for adoption, micro-chipping, daily board, vaccination, ~uthanasia and release shall be retained by San Bernardino. Rabies vaccination deposits shall be refunded to the depositor upon presentation of proof of vaccination. 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 danlages 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 attorney's fees. The costs, salary, and expenses of the San Bernardino City Attorney and members of his or her office or retained counsel 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 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. 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 Fontana City Attorney and members of his or her office or retained counsel shall be considered as "attorney's fees" for the purposes of this paragraph. 10. Warranty. San Bernardino makes no wan-anty, 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. 3 2012-27 Exhibit A ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF FONTANA AND THE CITY OF SAN BERNARDINO 11. Worker's Compensation 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 circurnstaJ.lces 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 orindirectly, by operation of state 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. 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 of Fontana 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 provlSlons 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 Fontana. 16. Term. The term of this Agreement shall be for three (3) years, commencing on July 1, 2011, and terminating on June 30, 2014. If a new Agreement has not been negotiated prior to the termination date, then San Bernardino may continue to provide the terms of service in this Agreement for the 4 2012-27 Exhibit A ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF FONTANA AND THE CITY OF SAN BERNARDINO monthly contract amount of the June 2014 invoice, plus an additional ten (10) percent of the invoice. This agreement may be terminated by either party upon 30 calendar 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 Chief of Police Rodney Jones Capt. Burguan City of Fontana Police Department City of San Bernardino P~lice Department 17005 Upland Ave 710 North "DIl Street Fontana, CA 92335 San Bernardino, CA 92401 (909) 350-1'''02 (909) 384-5600 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. Attorney Fees. . In any litigation relating to this Agreement, the prevailing Party shall be entitled to reasonable attorney fees. The costs, salary and expenses of any in-house counsel and/or the City Attorney and members of his/her office or retained counsel shall be considered as Ilattorney fees" for the purpose of this paragraph. 20. Entire A~reement. TIns 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 t)1is 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. \\\ 5 . j . . 2012-27 Exhibit A ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF FONTANA AND THE CITY OF SAN BERNARDINO \\\ \\\ \\\ \\\ 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 / By ~4?f- ~ Ken Hunt, City Manager By: Charles McNeeley, City Attes;~L City Clerk Attest: Q~)J.~I.-/ '--City Clerk Approved as to Form: Approved as to Form: g , -wi3 ~ Ity ~fney c.;1 ~ t; ~ ~ '97 James F. Penman, City Attornef r~t4y~. 6 2012-27 Exhibit B ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO THIS AGREEMENT ("Agreement") is made this 1st day of July 2011, between the City of Colton, a municipal corporation (hereinafter "Colton") and the 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 provide for its citizens an animal housing service; 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 as per 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) calendar days from the date of the bite with no additional charge to Colton. 4. Warranty 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. 1 2012-27 Exhibit B ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO 5. Consideration. a. Colton shall pay to San Bernardino a Service Fee of $175,514 for animal housing services. Additionally, Colton shall pay a Shelter Improvement Fee equal to 15% or $30,973 of the Service Fee for animal shelter improvements. The total contract amount is equal to the sum of the Service Fee and Shelter Improvement Fee, or $206,487 each fiscal year. San Bernardino shall present an invoice on or before the tenth day of each month for the amount due. Colton shall pay said invoice no later than the last day of the month in which it is billed. b. Colton shall promptly review invoices and notify San Bernardino of any objection thereto; absent such objection in writing within ten (10) calendar 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) calendar days after the invoice is submitted, Colton agrees that San Bernardino 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) calendar 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 Bernardino 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) calendar 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(c). San Bernardino shall not discontinue its service for a period of thirty (30) calendar 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. e. The compensation fee or payment amount for services rendered herein shall be adjusted upward on an annual basis not less than 3% and not more than 5% and shall be based on the Bureau of Labor Statistics' CPI for the Western Region of the United States. 2012-27 Exhibit B ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO 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 by San Bernardino. 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 Bernardino. Rabies vaccination deposits shall be refunded to the depositor upon presentation of proof of vaccination. 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 he 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 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 Bernardino 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. Warranty. 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 California and will provide worker's compensation coverage for its employees and will ensure that the employees of any of its 3 2012-27 Exhibit B ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO 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, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 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 Colton. 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 Colton. 16. Term. The term of this Agreement shall be for three (3) years, commencing on July 1, 2011, and terminating on June 30, 2014. If a new Agreement has not been negotiated prior to the termination date, then San Bernardino may continue to provide the terms of service in this Agreement for the monthly contract amount of the June 2014 invoice, plus an additional ten (10)percent of the invoice. 4 • 2012-27 Exhibit B ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO 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 Capt. Burguan City of Colton Police Department City of San Bernardino Police Department 650 N.La Cadena Dr. 710 North "D" Street Colton,CA 92324 San Bernardino, CA 92401 (909) 357-9957 (909) 384-5600 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. Attorney Fees. In any litigation relating to this Agreement, the prevailing Party shall be entitled to reasonable attorney fees. The costs, salary and expenses of any in-house counsel and/or 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 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. 5 2012-27 Exhibit B ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO 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 OL N CITY OF SAN BERNARDINO A Munn al Cor r ion A Muni,'•al Corporation By: By: /, AI /. I ou / ?., Rod Foster, City Manager Charle c eeley. City Manager Attest: Attest: .... i / riC if I t/ City Clerk Ci Clerk Approved as to Form: Approved as to Form: C' y A rn-110 James F.Penman,City Attorney P 6 2012-27 Exhibit C ANIMAL CARE AND CONTROL SERVICE AGREEMENT BETWEEN THE CITY OF LOMA LINDA AND THE CITY OF SAN BERNARDINO THIS AGREEMENT ("Agreement") is made this 1st day of July 2011 between the City of Lorna Linda, a municipal corporation (hereinafter "Loma Linda") and the City of San Bernardino, a municipal corporation, (hereinafter "San Bernardino"). Lorna Linda and San Bernardino are herein referred to individually as a "Party" and collectively as the "Parties." WHEREAS, Lorna Linda desires to provide for a citywide Animal Care and Control Program, and WHEREAS, San Bernardino has the knowledge,' skills, resources, and experience that qualify it to conduct a citywide Animal Care and Control Program. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS, AND CONDITIONS CONTAINED HEREIN, THE PARTIES MUTUALLY AGREE THAT: 1. Scope of Services (a) I San Bernardino will perform certain services as described in the Scope of Services attached as Exhibit 1 (hereafter, the Scope of Services attached as Exhibit 1 shall be referred to as "Exhibit 1"), which by this reference, is incorporated herein. (b) Loma Linda, with the express written consent of San Bernardino, may modify the services listed in Exhibit 1 to be performed under this Agreement. 2. Consideration. (a) Subject to Section 2e, Lorna Linda shall pay to San Bernardino a service fee of $106,755 for animal housing services. Additionally, Loma Linda shall pay a Shelter Improvement Fee equal to 15% or $18,83S of the Service Fee for animal shelter improvements. The total contract amount is equal to the sum of the Service Fee and Shelter Improvement Fee, or $125,594 each fiscal year. San Bernardino shall present an invoice on or before the tenth day of each month for the amount due. Lorna Linda shall pay said invoice no later than the last day of the month in which it is billed. (b) Loma Linda shall promptly review invoices and notify San Bernardino of any objection thereto; absent such objection in writing within ten (10) ~ 2012-27 Exhibit C ANIMAL CARE AND CONTROL SERVICE AGREEMENT BETWEEN THE CITY OF LOMA LINDA AND THE CITY OF SAN BERNARDINO calendar days of the date of the invoice, the invoice shall be deemed proper and acceptable. (c) If Loma Linda fails to pay San Bernardino within thirty (30) calendar days after the invoice is submitted, Loma Linda agrees that San Bernardino shall have the right, after written notice to Loma Linda, to consider such default in payment a material breach of this entire agreement. Loma Linda shall have ten (10) calendar days following the date of such written notice within which to correct such breach. If Lorna Linda 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 Loma Linda from the obligation to pay San Bernardino for services rendered according to Section 2(a) above. (d) Loma Linda may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Loma Linda must give written notice to San Bernardino within ten (10) calendar days of the date of issuance of the disputed invoice if Loma Linda is disputing any sum under section 2(a). Such with holdings shall not be deemed to constitute a \ failure to pay as that term is used in section 2(c). San Bernardino shall not discontinue its service for a period of thirty (30) calendar days from the date of the withholding, as a result of such withholding. San Bernardino shall have the right of appeal to the Mayor and City Council of Loma Linda with respect to such disputed sums. The determination of the Mayor and City Council of Loma Linda 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. (e) The compensation fee or payment amount for services rendered herein shall be adjusted upward on July 1 not less than 3% and not more than 5% and shall be based on the Bureau of Labor Statistics' CPI for the Western Region of the United States. 3. Termination (a) If either Party fails to perform any duties or obligations imposed by the Agreement or said failure continues for thirty (30) calendar days after written notification by the other, then the Agreement will be in total breach and the non-breaching Party may terminate the Agreement immediately 2 ;!it Jl! ~ ..~ ITI_ ..11..' .1. p-"~~-'" ~ 2012-27 Exhibit C ANIMAL CARE AND CONTROL SERVICE AGREEMENT BETWEEN THE CITY OF LOMA LINDA AND THE CITY OF SAN BERNARDINO thereafter. (b) Either Party at any time may terminate the Agreement with or without cause upon the giving of thirty (30) calendar days prior written notice to the other party of such intent to terminate. Either Party must give at least ninety (90) calendar days prior written notice of intent not to renew the Agreement. In such event, San Bernardino shall be paid for the work performed under the Agreement to date of termination. (c) San Bernardino further agrees to give its support in the transfer of the work to any other consultant or service provider employed by Loma Linda following termination hereunder and to participate in such reasonable number of meetings at no cost to Loma Linda as shall be deemed necessary by Loma Linda to effectively accomplish such transfer. 4. Cooperation Lorna Linda agrees to cooperate with San Bernardino in San Bernardino's performance of duties under the Agreement. 5. Lorna Linda's Responsibilities Lorna Linda shall furnish to San Bernardino maps, existing studies, ordinances, data and other existing information and materials in Loma Linda's possession, custody or control as shall be determined necessary by San Bernardino for it to complete the work contemplated by this Agreement. Lorna Linda agrees to provide all such materials in a timely manner so as not to cause delays in San Bernardino's work schedule. All materials and equipment purchased for or provided to San Bernardino by Loma Linda shall remain the property of Loma Linda and shall be returned within a reasonable amount of time of Loma Linda's written request to San Bernardino. Lorna Linda hereby authorizes San Bernardino personnel to enforce Loma Linda's municipal code as it pertains to animals. Loma Linda shall take all necessary actions to deputize or otherwise make San Bernardino's actions to enforce Loma Linda's municipal code, including, but not limited to, adopting an ordinance or resolution bestowing the authority to enforce Lorna Linda's municipal code upon San Bernardino personnel. 6. Loma Linda's Indemnification Loma Linda agrees and promises to indemnify, defend and hold harmless San Bernardino, its officers, elected officials, employees and agents, from and 3 i(il'1I_1I1 ............. 17 2012-27 Exhibit C ANIMAL CARE AND CONTROL SERVICE AGREEMENT BETWEEN THE CITY OF LOMA LINDA AND THE CITY OF SAN BERNARDINO 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 San Bernardino, its officers, employees or agents. Said sums shall include, in the event of legal aC,tion, 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. 7. San Bernardino's Indemnification San Bernardino agrees and promises to indemnify, defend and hold harmless Loma Linda, 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 Loma Linda, 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. 8. Warranty 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 was, is, and shall be performed in accordance with generally accepted standards of practice in effect at the time of such performance. 9. Worker's Compensation 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 4 ~ 2012-27 Exhibit C ANIMAL CARE AND CONTROL SERVICE AGREEMENT BETWEEN THE CITY OF LOMA LINDA AND THE CITY OF SAN BERNARDINO all applicable requirements of the laws of the State of California. Loma Linda shall not provide worker's compensation insurance for any San Bernardino employee, agent or subcontractor under any circumstances whatsoever. Furthermore, notwithstanding any other provision set forth herein, Loma Linda shall not indemnify, defend or hold harmless San Bernardino, its officers, employees, agents or subcontractors for worker's compensation claims. 10. Prohibition AQainst 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 Loma Linda. 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. 11. 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. 12. Independent Contractor San Bernardino shall be an independent contractor and not an employee, nor shall any of its employees, agents or subcontractors be an employee of Lorna Linda. 13. 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 interest 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 foreseeable 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 5 ~ ]. . I,J l l! ~ 2012-27 Exhibit C ANIMAL CARE AND CONTROL SERVICE AGREEMENT BETWEEN THE CITY OF LOMA LINDA AND THE CITY OF SAN BERNARDINO Agreement by Loma Linda. 14. Term The term of this Agreement shall be for three (3) years, commencing on July 1, 2011 and terminating on June 30, 2014. If a new Agreement has not been negotiated prior to the termination date, then San Bernardino may continue to provide the terms of service in this Agreement for the monthly contract amount of the June 2014 invoice, plus an additional ten (10) percent of the invoice. In the event a new Agreement is not established by December 31, 2014, San Bernardino's obligations to provide Loma Linda with a comprehensive Animal Care and Control Program shall terminate. 15. Invalidation In the event any provision of this Agreement shall be held to be invalid and unenforceable, the other provisions of this Agreement shall be valid and binding on the Parties thereto. 16. 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: City of Lorna Linda City of San Bernardino City Manager, 1. Jarb Thaipejf' 25541 Barton Road Loma Linda, CA 92354 City Manager, Charles McNeeley 300 North '0' Street San Bernardino, CA 92401 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. 17. Understandinq There are no understandings or agreements except as expressly stated herein. 18. Attorney Fees 6 liW L ..).lU t~ 2012-27 Exhibit C ANIMAL CARE AND CONTROL SERVICE AGREEMENT BETWEEN THE CITY OF LOMA LINDA AND THE CITY OF SAN BERNARDINO 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, retained counsel and/or the City Attorney and members of his/her office in enforcing this Agreement shall be considered as "attorney fees" for the purpose of this paragraph. 19. Entire AQreement This contract constitutes the entire Agreement between Loma Linda and San Bernardino and may be modified only by further written agreement between the Parties through their respective authorized bodies. 20. Titles and Subtitles Are Merely Precatory All titles and 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 proposal. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above state, the day and year first above written. CITY OF LOMA LINDA A Municipal Corporation CITY OF SAN BERNARDINO A Munici Corporation By:~~1~ 1. Jarb Thaipejr, City Manag~r B: 7 L~, ~. '_,J 1 ~ 2012-27 Exhibit C ANIMAL CARE AND CONTROL SERVICE AGREEMENT BETWEEN THE CITY OF LOMA LINDA AND THE CITY OF SAN BERNARDINO Attest: Attest: ~~~~-~~ Cft Clerk 0-~h-~ -- City Clerk Approved as to Form: ~d ',~/~ James F. penma~ Atfurney ~f:ney7 *,~zt~~. 8 ~'1111.~ 2012-27 EXHIBIT 1 City of Lorna Linda 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 Loma Linda ("Loma Linda") under the provisions of the Municipal Code of Loma Linda which prescribes procedures and standards for licensing, impounding, regulation and control of dogs, cats and other domestic and wild animals. Loma Linda shall take all necessary actions to deputize or otherwise make San Bernardino's actions to enforce Loma Linda's municipal codes including any codes contained in any supplemental documents to Municipal Code of Loma Linda related to zoning and development code that also affect animals. Further, Loma Linda 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 July 1,2011 through June 30,2014. 3. Consitleration Loma Linda agrees to compensate San Bernardino $10,466 per month for providing Animal Care and Control services as defined in this exhibit for the period July 1, 2011 through June 30, 2014, including any increase as set fourth in paragraph 2 of the Agreement. 4. Impound. Care and Disposal of DOQS and other Domestic and Wild Animals Subject to any exclusions, San Bernardino will operate an animal care and control program for Loma Linda consisting of the following activities: field services and shelter services. San Bernardino will perform the following specific functions: (a) Enforce all provisions of Loma Linda 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 Loma Linda 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 Bernardino will offer advice in setting a trap in any enclosed space and will 1 - 2012-27 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 I cats shall be made available to the residents of Loma Linda. Unless exceptional circumstances exist, residents of Loma Linda 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 Loma Linda residents for the same fee. U) Loma Linda residents may bring stray, un-owned animals to the San Bernardino shelter at no charge to the resident. 5. Doq Licensinq Loma Linda residents redeeming their dog(s) will be required to pay a license deposit prior to the dog's release. All licensing deposits generated by Loma Linda residents will be accounted for in monthly accounting statements provided to Loma Linda by San Bernardino and remitted by San Bernardino to Loma Linda on a monthly basis. 6. Animal Care Education and Information Proqram San Bernardino will provide public educational/information programs to Loma Linda Schools, City employee groups, service groups and other organizations, upon request. 7. Veterinary Services Proqram 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 ~~ 2012-27 8. Staffinq Level and Hours of Service (a) Field Services San Bernardino will provide routine field services for Loma Linda 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 . Humane/Animal 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. Loma Linda may contact animal control field personnel via emergency pager, for after-hour service. A live after-hour answering service is available for Loma Linda residents. (b) I Shelter Hours and Telephone 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 by staff during business hours, and a live after-hour answering service is available for emergencies. (c) Emerqency After-Hours Procedures: The reporting party (RP) will contact the Loma Linda 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 Loma Linda 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 Loma Linda, 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 Loma Linda Police/Fire, the ACO will automatically respond. San Bernardino will provide a monthly listing of on-call animal control personnel if requested. San Bernardino will provide personnel to train Loma Linda dispatchers in on-call procedures, as requested. Criteria for Emerqency Call-Out . Injured stray animals . Loose "aggressive" animals. 3 ""''''''''''''='"i;__".__'_'''~'"''~-'''''''_'''_~_'''''''_:'"''~~''''''''__'''_'' .,'~l!IlII 2012-27 . 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 or owned sick or injured animals. 9. Inspection Designated personnel from Loma Linda may, at any time during normal business hours, inspect the office, shelter, vehicles and other facilities connected to servicing this Agreement, upon reasonable notice. 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. Exclus'ions San Bernardino will not be required to: . Conduct rabies vaccination and license clinics: . Provide dog license canvassers. . Administer and sell Lorna Linda dog licenses. . Handle animal noise complaints. 4 �• rx � s POLICE DEPARTMENT JARROD BURGUAN—CHIEF OF POLICF. ry P.O.Box 1559•San Bernardino•CA 92402-1559 909.384.5742 San BIernar 1110 www.sbcity.org City of Fontana Police Department 17005 Upland Ave. Fontana,Ca.92335 Dear Chief Jones, This letter shall serve as notice that per the Animal Housing Agreement Between The City of Fontana and The City of San Bernardino,San Bernardino Resolution Number 2012-27, both cities agree and elect to continue said Agreement in accordance with paragraph 16,of said agreement,month to month. The compensation for services rendered will be increased by 10%in accordance with paragraph 16 of said agreement. The monthly compensation fee will be$45,081.03 plus a 15%shelter improvement fund of $7,955.47 for a total of$53,036.50. Please have this letter signed and returned to the City of San Bernardino acknowledging that the City of Fontana agrees with these terms. Jarr d Burguan, 4Rodney San Bernardino Po lice Chief f Date Date LF,ADFRS IN SETTING THE STANDARD OF EXCELLENCE