HomeMy WebLinkAbout05.H- PoliceS.H -
RESOLUTION (ID # 1367)
DOC ID: 1367 F
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Robert Handy M/CC Meeting Date: 02/21/2012
Prepared by: Tait Ecklund, (909) 384-5122
Dept: Police Ward(s): All
Subject:
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.
Financial Imuact:
This item will generate approximately $862,618 in Animal Control and Sheltering Services fees,
and $152,227 in Shelter Improvement Fees for a total of $1,014,845 for FY 2011-12.
Motion: Adopt Resolution.
Svnoasis of Previous Council Action:
March 29, 2010 -The Mayor and Common Council approved an animal control and housing
agreement with the City of Grand Terrace.
November 2, 2009 -The Mayor and Common Council approved animal housing agreements
with the Cities of Fontana, Colton, and Grand Terrace.
July 6, 2009 -The Mayor and Common Council approved animal housing agreements with the
Cities of Fontana, Colton, and Grand Terrace.
August 20, 2007 -The Mayor and Common Council approved an Animal Control Services
Agreement with Fontana, and Animal Housing Agreements with the Cities of Fontana, Colton,
and Grand Terrace.
Background:
Updated: 2/15/2012 by Linda Sutherland F =~~Lt~te~` 8~•'~%
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The City of San Bemardino has been providing animal control field and housing services to the
Cities of Fontana and Loma Linda and animal housing services to the City of Colton for over ten
years. Colton and Fontana only require housing services because they have their own services
department while Loma Linda requires housing and field services. Over that time, contracts for
services with Fontana, Loma Linda, and Colton have been based on the cost of delivering
service. The rates at which the City of San Bemardino chazge each city have remained constant
since 2009, and the proposed contracts reflect a change in the costs of service delivery since that
time. To ensure the City continues to recover the actual costs of providing service, each contract
contains an escalation clause based on Consumer Price Index (CPI) changes. In addition to the
Cities of Fontana, Loma Linda, and Colton, the City also provides animal control service to the
City of Grand Terrace. The agreement with Grand Terrace does not expire until June 30, 2012.
Animal Control Proposed Contracts
Current Contract Proposed Contract
Fontana $465,729 $491,793
Colton $155,222 $175,514
Loma Linda $61,284 $106,755
Grand Terrace* $88,556 $88,556
Total $770,791 $862,618
* Contract does not expire this year
Table 1 -Comparison between current animal wntrol field and housing services contracts with the Ci[y of San
Bernardino.
Due to aging infrastmcture at the Animal Services building, since January 1, 2010, Fontana,
Colton, and Grand Terrace have paid a "Shelter Improvement Fee," which is an additional 15
percent of the contract to provide much needed improvements to the City's shelter facilities.
These funds aze used to support infrastructure improvements at the City's Animal Services
Updated: 2/15/2012 by Linda Sutherland F
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building. As of June 30, 2011, there was $135,894 available in the shelter improvement fund
through this fee. City staff has identified and is in the process of prioritizing shelter
improvements. It is anticipated that all of this funding will be used on much needed
improvements.
Additionally, City staff is presently exploring opportunities to improve animal control services
and facilities, reduce costs, and enhance the efficiency and effectiveness of the operation.
Annual Animal Control Shelter Improvement Fees
Corr.
Contract Prop.
Contract
Fontana $82,188 $86,787
Colton $27,392 $30,973
Loma Linda $10,815 $18,839
Grand Terrace* $15,628 $15,628
Total $136,023 $152,227
* Contract does not expire this year.
Table 2 -Comparison between torten[ and proposed Sheller Improvement Fees paid by cities with animal services
contracts with [he City of San Bernardino.
The agreements with the cities of Fontana, Loma Linda, and Colton expired on June 30, 2011.
The City has continued to provide services at the request of the cities of Fontana, Loma Linda,
and Colton. The proposed contracts, if approved retroactively, will be valid until June 30, 2014.
City Attorney Review:
Suuportint=_ Documents:
reso 1367 (PDF)
Updated: 2/15/2012 by Linda Sutherland F xt,
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agrmt 1367 fontana (PDF)
agrmt 1367 Colton (PDF)
agrrut 1367 Loma Linda (PDF)
ExhibitGl (PDF)
Updated: 2/15/2012 by Linda Sutherland F ~s: °°
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND CODIMON 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
LObL1 LINDA FOR THE PERIOD OF JULY 1, ZOl1 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 Bemardino has provided housing sen~ices to the cities of
Colton and Fontana and has provided field services as well as animal housing to Loma Linda
for a number of years; and
WHEREAS, the cities of Fontana and Colton desire to continue housing services with
the City of San Bemardino and Loma Linda desires [o continue animal housing and animal
control services with the City of San Bemardino.
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 authorised
and directed to execute on behalf of the City, the Agreements with the cities of Fontana,
Colton and Loma Linda, copies of which are attached hereto and incorporated herein, mazked
as Exhibits "A", "B", and "C," respectively.
SECTION 2. Any action taken by the City of San Bemardino's Animal Control
Department in furtherance of providing housing services and/or animal control services to the
cities of Fontana, Colton, and Loma Linda between July I, 2011 and the date the contracts are
executed is hereby ratified.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
ANIMAL CONTROL AND/OR ROUSING 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 OFTHECONTRACTS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bemazdino at a meeting
thereof, held on the day of _ , 201.2, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
JENKIlVS
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clazk, CMC, City Clerk
The foregoing resolution is hereby approved this day of , 2012.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
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Exhibit A
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
FONTANA AND THE CITY OF SAN BERNARDINO
TIiIS AGREEMENT ('1greement") is made this I st day of July 20l I, between the City
of Fontana, a muticipal corporation (hereinafter "Fontana") and the City of San Bemazdino, a
municipal corporation (hereinafter "San Bernardino"). Fontana and San Bemardino aze herein
referred to individually as a "Party" and collectively as the "Parties."
WHF.RP.AS, Fontana desires fp provide for its citizens an animal housing service; and
WFIEREAS, San Bemardino has [hc 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 PAKTIES
MUTUALLY A(>REE THAT:
1. Scone of Services. San Bernardino will impound, care for and dispose of animals
delivered to the Satx Bernardino Animal Shelter by residents of or official representatives
of Fontana according to the provisions of this Agreement.
2. i~oundine and Disposal of Animals. San Bemardino shall, through. its Animal Control
Department, accept, impound and dispose of dogs, cats or other animals, which are
delivered to the San Bemacdinno Anima] Shelter by an agent, officer, employee or resident
of Fontana. San Bemardino shall, for and on behalf of Fontana, pursuant [o 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 shot! not provide jor
emergency veterinary care. Fontana is respazrib[e jnr transporting and seeking
appropriate emergency treatment jor il[ anrUnr injured animals.
Holding Periods. No dog, cat, or other domesticated animal shall be disposed of before
the time allotted under state taw. 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 quazantine, shall additionally be chazged the
prevailing Daily Boazd Fee, as set by City of San Bernardino Resolution (such. instances
shall include, but aze not limited to: animals held as "evidence" in cruelty or other court
cases). Kabies quarantined animals will be held for ten (10) calendar days from the date
of the bite with no additional chazge to Fontana.
4. Warranty of Lawfizl Annrehension Fontana warrants to San Bernazdino that all animals
impowrded by its agents; employees or other authorized representatives have been legally
apprehended and impormded pursuant to existing state laws.
S.H.b
F,xhibitA
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CR'Y OF
FONTANA AND 7'HE CITY OP SAN BERNARDINO
5. Consideration.
a. Subject to Section Se, Fontana shall pay to San Bernardino a service fee of $491,793
fer 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,$80, each fiscal year. San Bernazdino 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 Bemazdino 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.
If Fontana fails to pay San Bernardino within thirty (30) calendar days after the
invoice is submitted, Fontana agrees that San Bemardino shalt 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 (1G) calendaz days following the date of
such wt'itten notice within which to correct such breach. If Fontana continues to fail
to make payment, the duties, obligations and responsibilities of San Bemazdino under
this agreement are terminated. Such termination by San Bernazduio does not re]easc
Fontana from the obligation to pay San Bemardino for services rendered according to
Section 5(a) above.
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 5(a). Such withholdings shall not be
deemed to constitute a failure to pay as [hat term is used in section 5(c). San
Bemardino 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 Bemardino
shall have the right of appeal to the Mayor and City Council of Fontana with respect
to such disputed sums. The determination of the Ivfayor 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
arty disputed sum, either party may attempt to collect a debt through a civil
proceeding.
c. The compensation fee or payment amount for services rendered herein shall be
adjusted upward on fuly I 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.
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Exhibit A
ANIMAL HOUSING SERVICBS AGREEMBNT BETWEEN THE CITY OF
FON1'ANA AND TIIE CITY OF SAN BERNARDINO
Deoutization. San Bernardino animal control officers, agents or employees shall be
authorized to collect Pontana'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.
Funds Collected by San Bernazdino. Apprehension Fees, license deposits and penalties
collected by San Bemardino for Fontana in connection with this Agreement shall. be paid
to Fontana on or before rho twentieth calendar day of each month following collection.
Fees for adoption, micro-chipping, daily board, vaccination, euthanasia anal release sha(1
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 Bemazdinq 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 tiability for damages to persons or property arising from the
negligence or willful misconduct of San Bemardino, its officers. employees or agents.
Said sums shall include, in the event of legal action, court costs, expenses o'f litigation,
and reasonable attorney's fees. The costs, salary, and expenses of the San Bernardino
City Attnmey 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 Bemardino agrees and promises to indemnify,
defend, and hold hazmless 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 organizaions 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 azising from
the negligence or willful misconduct of Fontana, ifs 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.
lU. 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 dre time of such performance.
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.ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OP
FONTANA AND THE CITY OF SAN BERNAI2DINO
1. Worker's Compensation Insurance San Bemardino is permissibly self-insured under the
Worker's Compensation laws of the State of Califomia and will provide worker's
compensation coverage for its employees and will ensure that the emptoyecs of any of its
subcontractors aze covered by worker's compensation insurance in att amount and form to
meet all applicable requirements of the laws of the State of Ca]ifomia. Fontana sha(1 not
provide worker's compensation insurance for any San Bernardino employee, agent or
subcontractor operating under the terms of this Agreement under any circumstances
whatsoever. Furthermore, notwithstanding any other provision set forth herein, Fontana
shall not indemnify, defend or hold harmless San Bernardino, its officers, employees,
agents or subcontractors for worker's compensation claims.
12. Prohibition Aeainst Transfers. San Bernard'uto shall not assign, sublease, hypothecate or
transfer this Agreement or any interest therein directly or indirectly, 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, hypoihecatee or
transferee shall acquire no right or interest by reason of such attempted assignment,
sublease, hypothecation or transfer.
l3. Anti-Discrimination. San Bemardino certifies and agrees that all persons employed by
San Bernardino are and will be treated equally by San Bemardino 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 acrd not an
employee of Fontana nor shall any of San Bemardino`s employees, agents or
subcontractors operating under this Agreement be an employee of Fontana.
I5. Conflict of Interest.
(a) San Bernazdino 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. Faihve 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 [he termination date, then San
Bernardino may continue to provide the terms of service in this Agreement for the
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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.
Tn the event of termination, San Bernadino shall be paid for the work performed under
this agreement to the date of termination.
I7. Invalidation. In the event any provision of this Agreement is held to bo invalid and
unenforceable, the remaining provisions of this Agreement shall remain valid and binding
on the Pazties 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 fohows:
Fontana _
- San Bernardino
--i
Chief of Police RodneyJones Capt Burguan
City of Fontana Police Department City of San Bernardino Police Department
17005 Upland Ave 710 North "D" Street
Fontana, CA 92335 San Bernardino, CA 92401
x(909)350-7702___ __ _ (909 384-5600
Any notice so given shall be considered served on the other Party three (3) days after the
date of mailing. 1'he address for the notice may be changed by giving written notice of
such change pursuant to this paragraph.
19. Attomev 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 "attorney fees" for the purpose of this pazagraph.
20. Entire Agreement.
This confraet constitutes the entire Agreement between Fontana and San Bernardino and
may be modified only by further written agreement between the Parties through their
respective authorized bodies.
21. Construction of Provisions and Titles.
All titles or subtitles appearing in this Agreement have been inserted for convenience and
shall not be deemed to affect the meaning or constmction of any of the terms or
provisions of -ouch Agreement.
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Exhibit A
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN'1~HE CITY OF
FONTANA AND THE CITY OF SAN BERNARDINO
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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 yeaz set forth above.
CITY OF FONTANA
A Municipal Corporation
CI'CY OF SAN BERNARDINO
A Municipal Corporation
By: _
Ken Hunt, City Manager
Attest:
City Clerk
Approved as to Form:
Attorney
By'- -
Chazles McNeelcy, City Manager
Attest:
Clerk
Approved as to Form:
Jame~Penman, City~A torne~
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Exhibit B
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND 'f HE CITY OF SAN BERNARllINO
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 (hereinafer "San Bernardino"). Colton and San Bernardino aze 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, a,td 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. Scone of Services. San Aernardino 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 Distmsal of Animals. San Bernardino shall, through its Animal Control
Department, accept, impound and dispose of dogs, cats or oilier animals, which arc
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 urimal shalt be disposed of w7thout 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 [raro~parting and seeking
appropriate emergency lrealmentfor ill nnrUor Pnjured animals.
Holding Periods. No dog, cat, or other domesticated animal shall be disposed oY before
the time al(oCted as per state law. After the required holding period, the animal beoomes
the property of San Bernardino and San Bernardino is authorized to dispose of the animal
in ury 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 Geld as "evidence" in cruelty or other court cases).
Rabies quarantined animals will be held for ten (10) calendaz days from the date of the
bite with no additional charge [o Colton.
4. Warranty of Lawful Apnrehension. 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.
5.H.c
Exhibit B
ANIMAL HOUSING SERVICES AGREEMENT BETWEF,N THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
5. Consideration.
a. Colton shall pay to San Bemazdino 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 contxaet
amount is equal to the sum of the Service Fee and Shelter Improvement Fee, or
$206,487 each fiscal year. San Bemazdino 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 abjection in writing within ten (10) calendar days of the date of
the invoice, the invoice shall be deemed proper and acceptable.
a If Colton fails to pay San Bernardino within tlilrty (30) calendaz days after the invoice
is submitted, Colton agrees that San Bernardino shall have the right; after written
notice to Coltoq to consider such default in payment a material breach of this entire
agreement. Colton shall have ten (10) calendaz 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
ffiis agreement are terminated. Such termination by San Bernardino does not release
Colton from [he 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 mtut 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-pazagraph 5(a). Such withholdings shat[ not be deemed to
constitute a failure to pay as that term is used in sub-pazagraph 5(c). San Bernazdino
shall not discontinue its service for a period of thirty (30) calendaz days from the date
of the witlholdings, as a result of such withholdutg. San Bemazdino shall have the
right of appeal to the Mayor and City Council of Colton with respect io such disputed
sums., The determination of the Mayor aztd City Council of Colton with respect to
such matter shall be final. San Bernazdino shall be entitled to receive interest nn 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 detit through a civil proceeding.
e. The compensation fee or payment amount for services rendered herein shall he
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.
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Exhibit B
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
6. Deputization. Sau Bernardino animal contcol officers, agents or employees shall b:
authorized to collect Cotton's license, apprehension, and related penalty fees at the
Animal Shelter, as directed by Colton, for all animals received under this agreement San
Bemazdino 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 vrith this agreement shall be paid to
Colton on or before the twentieth day of each month following collection. Fees for
adoption, micro-chipping, daily boazd, vaccination, euthanasia and release shall 6e
retained by San Bernardino. Rabies vaccination deposits shall be refunded to the
depositor upon presentation of proof of vaccination.
Cotton's Indemnification. Colton agrees and promises to indemnify, defend, and hold
hazmiess 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, corporatimr, political subdivision, or other organizations arising out of, or in
connection with, the perfomrance 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 Bernazdino, its officers, employees or agents.
Said sums shall tinclude, in the event of legal action, court costs, expenses of litigation,
and reasonable aitomey's fees. The costs, salary, and expenses of the San Bemardino
City Attorney acrd members of his or her office in enforcing this Agreement on behalf of
San Bemardino shall be considered as "attorney's fees" for the purposes of this
paragraph.
9. San Bernardino's Indemnification. San Bemardino agrees and promises to indemnify,
defend, and hold harmless 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 [o persotts 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; llie performance of [his Agreement, excluding such actions,
claims, demands, lawsuits acrd liability for damages to persons or property arising from
the negligence or willful misconduct of Colton, its officers, employees or agents.
]0. Wazranri. San Bernazdino makes no warranty, either express or implied, as to its
findurgs, recommendations, plans, reports, professional advice or other work except [hat
the work will be performed in accordance with generally accepted standazds of practice
in effect at the time of such performance.
1 I. Worker's Compensation Insurance. San Bernazdino is permissiblq self-insured under the
Workers Compensation laws of the State of California and will provide worker's
compensation coverage for ifs employees and will ensure that the employees of any of its
5.H.cit..'....
Exhibit B
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COL1'ON AND TI3E CITY OF SAN BBRNARDINO
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 Catifomia. Colton shall not
provide worker's compensation insm~ance for an}~ San Bemardino employee, agent or
subcontractor operating under the terms of this Agreement trader any circumstances
whatsoever. Furthermore, notwithstanding any other provision set forth herein; Colton
shall not indemnify, defend or hold harmless San Bemardino, its officers, employees,
agents or subcontractors for worker's compensation claims.
12. Prohibition Aeainst'fransfers. San Bernazdino shall not assign, sublease, hypothecate or
transfer tMs Agreement or any interest therein directly or indirectly, by operation of law
or otherwise without tha 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 interesi by reason of such attempted assignment,
sublease, hypothecation or transfer.
13. Anti-Discrimination. San Bernazdino certifies and agrees that all persons employed by
San Bemazdino aze and will be treated equally by San Bernardino without regazd 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 Bernazdino's employees, agents or subcontractors
operating under this Agreement be alt employee of Coltou.
15. Conflict oflnterest.
(a) San Bemardino 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 Bemardino shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for termination of the Agreement by
Colton.
16. Term. 7`hc term of this Agreement shall be for three (3) years, commencing on July 1,
ZOl 1, and terminating on June 3Q 2014.
If a new Agreement has not been negotiated prior to the termination dale, then San
Bernardino may continue to provide the terms of service in this Agreement for the
monthly contract amount of the June 20]4 invoice, plus an additional ten (10) percent of
the invoice.
S.H.c '.......
Exhibit B
ANIMAL iIOUSIlYG SERVICES AGREEMENT BETWEEN THE CII'Y 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 pwsuant to this Agreement shall be
given in writing and sent by certified math return receipt rc;quested, 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 Norih "D" Street
Colton, CA 92324 San Bernardino, CA 92401
(909357-9957 (909)384-5600
Any notice so given shall be considered served on the other Party three (3) days afrer 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 paaagraph.
20. Entire Agreement.
This contract constitutes the entire Agreement between Colton and San Bemazdino attd
may be modified only by further written agreement between the Parties through their
respective authorized bodies.
21. Construction of Provisions and Titles.
Atl titles or subtitles appeazing 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.H.c' '
Exhibit B
ANIMAL HOtiSING SERVICES AGItEF,MENT BE'pWEEN 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, wnditions and provisions above stated, on the day and year set forth above.
CITY OF COLT'ON
A Municipal Corporation
CITY OF SAN BERNARDINO
A Municipal Corporation
By:
Rod Foster, City Manager
Attest:
City Clerk
Approved as to Form:
City Attorney
Charles McNeeley. City Manager
Attest:
City Clerk
Approved as to Form:
Jamers~./ ~Y AttorneY~~
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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 Loma Linda, a municipal corporation (hereinafter "Loma Linda") and the City
of San Bernardino, a municipal corporation, (hereinafter "San Bernardino"). Loma Linda
and San Bernardino are herein referred to individually as a "Party" and collectively as
the "Parties."
WHEREAS, Loma 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:
Scope of Services
(a) 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, Loma 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 $18,839 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. Loma Linda shall
pay said invoice no later than the last day of the month in which it is billed.
(b) Loma Linda shalt promptly review invoices and notify San Bernardino of
any objection thereto; absent such objection in writing within ten (10)
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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 Loma 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 withholdings 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
'S_H.d
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 m
Agreement. In such event, San Bernardino shall be paid for the work m
performed under the Agreement to date of termination.
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(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 s
number of meetings at no cost to lama Linda as shall be deemed y
necessary by Loma Linda to effectively accomplish such transfer. ~
.
Cooperation ~
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Loma Linda agrees to cooperate with San Bernardino in San Bernardino's
performance of duties under the Agreement.
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Loma Linda's Responsibilities °_
4.
5.
Loma 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 Bemardino for it to
complete the work contemplated by this Agreement. Loma Linda agrees to
provide all such materials in a timely manner so as not to cause delays in San
eernardino'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. Loma 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 Loma 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
S.H.d:'
Exhibit C
ANIMAL CARE AND CONTROL SERVICE AGREEMENT BETWEEN THE CITY OF
LOMA LINDA AND THE CITY OF SAN BERNARDINO
against ail 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 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.
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 oi, 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 offce shall be considered as "attorney fees' for the
purpose of this paragraph.
8. Warran
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.
Worker's Compensation Insurance
San Bernardino is permissibly self-insured under the Workers 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
'.' 5.H:d...:
Exhibit C
ANIMAL CARE AND CONTROL SERVICE AGREEMENT BETWEEN THE CITY OF
LOMA LINDA AND THE CITY OF SAN BERNARDINO
10.
11
all applicable requirements of the laws of the State of Califomia. 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.
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 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.
Anti-Discrimination
San Bernardino certifies and agrees that alf 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 Loma
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
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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.
15.
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. to the
event a new Agreement is not established by December 31, 2D14, San
Bernardino's obligations to provide Loma Linda with a comprehensive Animal
Care and Control Program shall terminate.
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,
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:
Citv of Loma Linda
City Manager, T. Jarb Thaipejt
25541 Barton Road
Loma Linda, CA 92354
City of San Bernardino
City Manager, Charles McNeeley
300 North'D' 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. Understanding
There are no understandings or agreements except as expressly stated herein.
18. Attorney Fees
5.H.d
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 Agreement
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 Merelv Precatorv
All titles and subtitles appearing in this Agreement have been inserted far
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 Municipal Corporation
By:
T. Jarb Thaipejr, City Manager
By:
Charles McNeeley, City Manager
s.H.a' ?
Exhibit C
ANIMAL CARE AND CONTROL SERVICE AGREEMENT BETWEEN THE CITY OF
LOMA LINDA AND THE CITY OF SAN BERNARDINO
Attest: Attest:
City Clerk City Clerk
Approved as to Form:
City Attorney James F. Penman, ity At orney
5.H.e'.'.'..
EXHIBIT 1
City of Loma 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. Consideration
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 Dogs 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
S.H.e `.
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 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.
Q) Loma Linda residents may bring stray, un-owned animals to the San Bernardino
shelter at no charge to the resident.
5. Doa Licensing
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 Prooram
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 Program
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.
5.H.e.,.,...
8. Staffing Level and Hours of Service
(a)
(b)
(c)
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. Amore 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. Alive after-hour answering service is available for
Loma Linda residents.
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.
Emeraencv 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
offcer (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.
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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 Emeroencv Call-Out
• Injured stray animals
Loose "aggressive" animals.
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• Animal bites/attacks.
• Loose livestock if a threat to public safety
• Other dangerous or Poisonous animal situations posing public safety.
• Agency Assists far 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 Lama 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. Exclusions
San Bernardino will not be required to:
• Conduct rabies vaccination and license clinics.
Provide dog license canvassers.
Administer and sell Loma Linda dog licenses.
• Handle animal noise complaints.
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