HomeMy WebLinkAbout09- Animal Control ORIGINAL
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From: Debra Kurita,Assistant City Manager Subject: Resolution of the Mayor and Common
Sue Hoak,Animal Control Manager Council of the City of San Bernardino
authorizing the City Manager to execute Animal
Prepared By: Adam Raymond,Mgt Analyst Control and Housing Agreement by and between
the City of San Bernardino and the City of
Dept: Animal Control Grand Terrace for the period of April 1, 2010
through April 1, 2013 and ratifying any action
Date: March 29,2010 taken between April 1, 2010 and the date of this
Resolution.
M/CC Meeting Date: April 5,2010
Synopsis of Previous Council Action:
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.
July 6, 2009-The Mayor and Common Council approved Animal Housing Agreements with the Cities
of Fontana,Colton, and Grand Terrace.
November 2, 2009 - The Mayor and Common Council approved animal housing agreements with the
Cities of Fontana, Colton,and Grand Terrace.
Recommended Motion:
1) Adopt Resolution.
2) That the Director of Finance be authorized to amend the FY 2009/2010 Adopted Budget as
outlined in Attachment A to the staff report.
3) That the Director of Human Resources be authorized to update the position control resolution
to reflect the addition of an Animal Control Officer.
Signature
Contact person: Sue Hoak,Animal Control Manager Phone: 1515
Supporting data attached: Staff Report,Resolution,
Agreements,Attachments Ward: All
FUNDING REQUIREMENTS:
Expenditures: See Attachment A
^/ a Finance:
Council Notes: I l�.SO oc.0/O - look
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
City Manager to execute Animal Control and Housing Agreement by and between the City of
San Bernardino and the City of Grand Terrace for the period of April 1, 2010 through April 1,
2013 and ratifying any action taken between April 1, 2010 and the date of this Resolution.
Background:
The City of San Bernardino has been providing animal control and animal housing services for
the city of Fontana, and animal housing services for the cities Colton and Grand Terrace for over
ten years. Due to budget constraints, the contracted cities were notified in February of 2009 that
the City would be terminating their contract at June 30, 2009. In response, the contracting cities
requested an additional six months to allow them time to evaluate their options for obtaining an
alternative provider. Per Resolution 2009-179, the Council granted the cities their request and
received an increase in monthly fees. It should be noted that field services provided to the City
of Fontana were not extended by the Resolution, and the City of Fontana now performs its own
field services.
The six-month extension expired on December 31, 2009 and all three cities extended the shelter
services being provided by the City on November 2,2009 (Resolution 2009-343). The 18-month
agreement extended animal housing services to the cities of Fontana, Colton and Grand Terrace
for the period of January 1, 2010 through June 30, 2011. In addition, cities agreed to additional
fee increases that allowed for much needed improvements to the shelter facilities.
On January 21, 2010 the City was notified the City of Grand Terrace would be issuing a Request
for Proposal (RFP) for animal control and animal shelter services. Although the City currently
provides animal sheltering services, the City of Colton, the City of Grand Terrace's current
provider of animal control services, was unable to continue due to budgetary issues and a
citywide reorganization. The City's bid of $104,184, which included the City's Housing
Agreement charges of $24,144 and additional costs for an animal control officer and
administrative costs of $80,040, was selected by the City of Grand Terrace as the lowest
responsible bidder.
A copy of the City of Grand Terrace's RFP and the City's response are attached to this staff
report. The City and the City of Grand Terrace entered into negotiations, and the difference of
$12,300 between the City's submission ($116,384) and the agreed upon animal control and
housing amount ($104,184) is attributed to the City of Grand Terrace's removal of their license
canvassing requirement. The effective dates of the agreement (4/1/10 — 4/1/13) compared to
those dates in the proposal (7/1/10—6/30/12) were changed to accommodate the City of Colton's
stop date of providing animal control services to Grand Terrace on March 31, 2010. The City of
Grand Terrace's City Council approved the agreement between with the City on March 23, 2010.
Staffing:
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In order to provide animal shelter and animal control services to the City of Grand Terrace, an
additional Animal Control Officer is necessary. To be conservative, the position was calculated
at the highest level currently paid, including benefits (Attachment A).
Financial Impact:
There will be no financial impact on the General Fund from the approval of the proposed
agreement with the City of Grand Terrace for animal control and sheltering services.
(Attachment A). The funding of the additional Animal Control Officer will allow the City to
provide services to the City of Grand Terrace as well as cover the overhead associated with those
services.
Recommendations:
1) Adopt Resolution.
2) That the Director of Finance be authorized to amend the FY 2009/2010 Adopted Budget
as outlined in Attachment A to the staff report.
3) That the Director of Human Resources be authorized to update the position control
resolution to reflect the addition of an Animal Control Officer.
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Animal Control Attachment A
City of Grand Terrace
3-Year Animal Control and Housing Agreement- Financial Impact
FY 2009/2010:
Account Descriptions 3 months FY 2010/2011
001-000-4757 City of Grand Terrace $ 26,046 $ 104,184
Less: Previous Agreement $ 6,036) $ (24,144)
TOTAL ADDITIONAL REVENUE* $ 20,010 $ 80,040
*Note: The Agreement between the City and Grand Terrace for$104,184 takes into consideration the shelter
related revenues the City was already receiving pursuant to the previous agreement(Resolution#2009-343).
These revenues are already accounted for in the FY 2009/10 Budget. The additional revenue of$80,040 is
associated with animal control services as stated in the Agreement Scope of Services.These additional
revenues(and related expenditures)pursuant to FY 2009/10 will require a budget amendment.
FY 2009/2010:
Account Descriptions 3 months FY 2010/2011
124-232-0000 Personnel-Field(Animal Control Office) $ 13,150 $ 52,600
124-232-5015 Personnel-Overtime $ 1,000 $ 4,000
Total Personnel $ 14,150 $ 56,600
124-231-5111 IMaterials&Supplies-Admin $ 1,303 $ 5,212
Total Materials and Supplies $ 1,303 $ 5,212
124-232-5505 lProfessional Services-Field $ 1,480 $ 5,920
Total Professional Services $ 1,480 $ 5,920
124-232-5612 Fleet Charges-Fuel $ 2,188 $ 8,750
124-232-5601 lGarage Charges $ 890 $ 3,558
Total Other $ 3,077 $ 12,308
TOTAL EXPENSES $ 20,010 $ 80,040
FY 2009/2010:
3 monthsTotal FY 2009/2010
NET SAVINGS/(LOSS) $ $
REQUEST FOR PROPOSAL
ANIMAL CONTROL AND ANIMAL HOUSING SERVICES
For
City of Grand Terrace
Issued: January 21, 2010
Proposal Due: February 22, 2010
Issued by:
THE CITY OF GRAND TERRACE
22795 Barton Road
Grand Terrace, CA 92313
(909) 430-2201
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PART I - INTRODUCTION
The City of Grand Terrace ("City") is seeking an experienced, responsible, capable and
professional firm with proven experience in Animal Control and Animal Housing Services
("Consultant")to provide services for the seven days per week.
The successful Consultant shall be awarded a contract to perform services for a two year
period,unless written notice of non-renewal by either Party to the other Party.
The Consultant shall perform the general and specific tasks as described in the Scope of
Work section of this Request for Proposal (RFP). The City intends to select the most qualified
Consultant for the Contract. Proposals shall be evaluated by the City's Screening and Selection
Committee on the basis of professional expertise in Animal Control and Housing Services.
You are hereby invited to submit a Proposal by 4:00 P.M. on February 22 2010 based upon
the requirements and conditions set forth in this RFP.
Mailing Instructions
Mail (or hand-deliver) proposal to:
Mari Montes, Community Development Department
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
(909)430-2201
Inquiries
Questions pertaining to this RFP should be directed to Mari Montes, at 909430-2201.
Submittal Date
Proposals are due at this office no later than 4:00 P.M., February 22, 2010. This time
and date is fixed and extensions will not be granted. The City does not recognize the U. S. Postal
Service, its postmarks or any other organization as its agent for purposes of receiving proposals.
All proposals received after the deadline shown will be rejected and returned.
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Proposal Evaluation
In order to be considered, a minimum of three (3) copies of the proposal must be
submitted.
Proposals should provide a straightforward and concise presentation adequate to satisfy
the requirements of this RFP. The Consultant's proposal should emphasize a clear understanding
of the tasks and the necessary resources to perform the intended services. Responsiveness to the
RFP will be the principal basis for evaluation.
Proposal Selection
The City reserves the right, without qualification, to:
a. Reject all proposals; and
b. Exercise discretion and apply its judgment with respect to any
proposals submitted.
All proposals become the property of the City. Final disposition will be made according
to the policies thereof,including the right to reject all proposals.
Selection Procedure
The following is an outline of the procedures the City will use in the selection process:
a. City staff will select proposals which qualify based on the following factors:
1. Experience of the Consultant, staff and/or subcontractors selected to
provide the services;
2. Record of the Consultant in accomplishing the work within the required
time, and;
3. Record of the Consultant in being responsive to the client's requests,
which will include reference inquiries.
b. City staff may select a reasonable number of Consultants to be invited to appear
before an interview panel to discuss their proposals. The interviews, if held, will
take place on a date and times to be determined.
C. The panel will rank the Consultants and recommend the Consultant to be used for
the Project. Fee negotiations will only take place with the most qualified
Consultant based on the proposed Scope of Work.
d. If a contract for Animal Control and Shelter Services cannot be negotiated within
the budgeted amount for the Project, negotiations with the designated Consultant
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shall be terminated in writing and negotiations shall be started with the next most
qualified Consultant.
e. A contract for Animal Control and Shelter Services will be brought to the City
Council for its approval. City staff shall notify the selected Consultant of the final
approval of the contract for Animal Control and Shelter Services.
Proposal Evaluation Criteria
The City intends to engage the most qualified Consultant available for this assignment. It
is imperative that the Consultant's proposal fully address all aspects of this RFP. It must clearly
express the Consultant's understanding of the City's specific requirements and indicate the
Consultant's qualifications to conduct this Project in a thorough and efficient manner.
The following criteria shall be used in evaluation of the Consultant's offer of services:
a. Experience in providing Animal Control Services and Shelter on projects of
similar size, to include a reference check;
b. Consultant's experience in conducting assignments of similar scope;
C. Methodology to be employed in conducting the Project;
III d. Consultant's support organization, accessibility and quality assurance methods for
optimizing staff utilization;
e. Proposal conciseness and clarity in understanding the City's needs and defining a
work plan, procedures, training, education, initiative, and responsiveness for
satisfying those needs; and
f. Schedule compatibility with City's needs.
Contract Terms
a. Contractual terms applicable to Consultant and any and all subcontractor(s) will
include but are not limited to the following:
- Monthly cost for the requested services.
-Business Tax Registration and City Business license requirements.
- Liability insurance requirements.
- Errors and Omissions liability insurance requirements.
-Workers Compensation insurance requirements.
- Scope of Work.
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- Identification of personnel, consultants and subcontractors. No substitution of
key personnel without prior written approval by the City.
b. Contract Award
The contract, if awarded, will include the Scope of Work and a not-to-exceed contract
price as negotiated with the selected Consultant.
C. Contract Agreement
A sample Agreement for Professional Consultant Services is included within this
RFP for review. Consultant(s) having any objections to the terms and conditions of
the sample Agreement are required to set forth clearly within their proposals each
provision obiected to, the nature of each obiection, the reasons therefore and
specific language proposed to be placed in the fmal agreement in lieu thereof.
Failure to take exception to the terms and conditions in this manner and at this time
shall constitute acceptance of the language of the sample contract by the selected
Consultant when the sample contract is converted to a contract for execution. In
any and all circumstances, the language and the terms in the contract shall govern.
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PART II - SCOPE OF WORK
SCOPE OF SERVICES—ANIMAL CONTROL SERVICES
Under the terms of this Agreement, Consultant shall provide to Grand Terrace 24-hours access to
Animal Control services, as follows:
Consultant shall provide field services by an on-duty Animal Control Officer seven (7)days a
week, excluding holidays, during the hours of 7:00 a.m. to 5:00 p.m. Call for animal control
services considered to be routine and to be handled within a 24-hour time frame include:
Confined strays
Dead animals
Stray dogs running at-large
Humane investigations
Low risk bite case quarantine
Rabies quarantine release
Trapped cats
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,nuisance animal complaints, etc.
From 5:00 p.m. to 7:00 a.m. and on holidays, Consultant will provide on call response to
emergency calls for animal control services. Such emergency on-call services shall include
responding to calls regarding injured stray animals, sick stray animals,Agency assists, stray
vicious dogs,loose livestock if a threat to public safety and wildlife threatening public safety.
Consultant will perform the following specific functions:
1. Enforce all provisions of the Grand Terrace Municipal Code pertaining to animals,
including issuing warning notices or citations as necessary. Consultant will process all
issued citations, including filing citations with San Bernardino County Superior Court.
Grand Terrace will retain all citation revenues. Animal Control personnel will appear in
court, as necessary, on animal related cases when requested to do so by Grand Terrace
and at the expense of Grand Terrace.
2. Remove dead animals from the public right-of way, except interstate freeways.
3. Respond to request for assistance in the trapping removal of domestic animals from
public or private property during normal operating hours. Consultant will offer advice in
setting a trap in any enclosed space and will remove wild animals (not including rodents
or insects) caught in a trap or found inside any human dwelling. Animal Control
personnel shall not be required to move belongings or maintain on-premise surveillance
unless, in the opinion of the Chief of Animal Services of his designee, there is a direct
clear and present danger to human life. Consultant will only provide dog or cat traps,but
not other animal traps. Consultant will not provide rodent control or insect control.
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4. Investigate reported animal bites and quarantine, as prescribed by law, all biting animals
and animals suspired to be rabid. Consultant shall take appropriate steps consistent with
the circumstances of each separate incident to locate and impound the suspect animals or
animals and/or assist the complainant and/or injured party or parties to trap the suspected
animals or animals.
5. Assist Grand Terrace with its dog licensing and rabies clinics and perform canvassing
and compliance checks for current dog licenses, as per a program mutually agreed upon
with the City Manager or her designee. Grand Terrace will be responsible for collecting
all licenses fees and sending out notices for license renewals.
6. Provide a monthly written report to Grand Terrace generally describing the Service
provided during the preceding month.
SCOPE OF SERVICES—ANIMAL SHELTER SERVICES
Consultant will accept, impound and dispose of dogs, cats or other animals. Consultant shall,for
and on behalf of Grand Terrace, pursuant to applicable laws,release animals to owner, adopt,
humanely destroy or otherwise dispose of all animal received.No domesticated animal shall be
disposed of without an attempt to notify the owner, if the owner is known.
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PART III - PROPOSAL CONTENT
The City requires each Consultant to submit a proposal clearly addressing all of the
requirements outlined in this RFP. The proposal shall be limited to 10 pages and must include a
minimum of five (5) recent or current client references, which include the address, and telephone
number of each reference. Resumes and company qualification brochure data may be added to
the 10-page proposal, provided they are located in an Appendix at the back of the proposal.
Should the Consultant have concerns about meeting any requirements of this RFP, the
Consultant shall include a clearly labeled subsection with individual statements specifically
identifying the concerns and exceptions.
Though the Consultant may submit a proposal organized according to his preference, it
must be clear and concise. The Proposal must contain information covering the following topics:
Scope of Work
Outline expressing the Consultant's understanding of this Request for Proposals and
summarizing the basic approach to provide Animal Control and Shelter Services as required in
Part II, Scope of Work.
Methodology
Provide information sufficient to assess the Consultant's capacity to provide the
appropriate services efficiently.
Personnel
Include resumes of key individual(s) that would be assigned to the Project and other
staff personnel available to support the Project. The contract will provide that any substitution of
these key personnel is subject to written approval of the Agency; and if not approved, the
contract may be terminated.
Estimate of Consultant Fee
The proposal shall include a full description of all fees proposed by the Consultant for
performing all the services to be provided as outlined in the Scope of Work. The management
fees may be expressed as a percentage of the rent collected.
Selection of a Consultant, if one is selected, shall be on the basis of demonstrated
competence and qualifications to render the services at fair prices in accordance with Section
4526 of the California Government Code.
Attachment: Exhibit"A" Sample Agreement for Professional Consultant Services
By responding to the REP, the Consultant indicates approval of the terms of
the attached Sample Agreement. The City will not negotiate liability terms.
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February 22, 2010
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Joyce Powers
Director Economic Development and Community Services
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 923313
Re: Animal Control and Animal Housing Services Proposal
Dear Ms. Powers:
As you know, the City of San Bernardino currently provides animal sheltering services for the
City of Grand Terrace. Our current agreement for animal sheltering services, effective January 1,
2010, expires on June 30, 2011. We appreciate doing business with you, and look forward to
maintaining our outstanding relationship.
Please find our proposed Animal Control and Animal Housing Services Agreement between the
City of San Bernardino and the City of Grand Terrace. The proposed agreement would be for
two years, beginning July 1, 2010 and expiring June 30, 2012, would supersede our current
agreement.
For clarification, our current agreement for sheltering services is for $24,414 per year. Our
proposed agreement for both animal control and sheltering services is for $116,484. The
additional $92,070 is directly associated animal control related expenditures.
The City of San Bernardino Animal Control Division has been in operation for over sixty years.
We respond to animal emergencies 365 days a year, 24 hours a day. Animal Control Officers are
on duty daily to respond to complaints. A trained staff of seven Animal Control Officers and four
part-time License Checkers provides the field services. In addition to the City of Grand Terrace,
the City currently provides a mix of animal control related services to the cities of Loma Linda,
Colton, and Fontana.
The Animal Control Division provides a wide range of services for people and animals in our
community, including investigative services for citizen complaints, dangerous dog hearings,
animal bites and cruelty cases and many others. Maintaining a high level of rabies vaccination
and pet licensing compliance helps us addresses health and safety issues. Protecting people from
the dangers and nuisances of uncontrolled animals and keeping animals safe from mistreatment
and abuse is vital to our role in the community. Promoting, motivating and enforcing responsible
pet ownership is our number one goal. Our philosophy is to keep working at the root causes of
pet overpopulation and irresponsible pet ownership - to provide alternatives to indiscriminate
breeding of pets, to encourage people to become better pet owners and to make our community a
better place for both people and animals.
Please call me at 384-5122 if I can answer any questions.
Sincerely,
Debra Kurita
Assistant City Manager/
Acting Animal Control Director
Animal Control Services Proposal
Between the City of Grand Terrace
and
the City of San Bernardino
THIS PROPOSAL ('Proposal') is made between the City of Grand Terrace, a
municipal corporation (hereinafter "Grand Terrace') and the City of San Bernardino, a
municipal corporation, (hereinafter "San Bernardino"). Grand Terrace and San
Bernardino are herein referred to individually as a 'Party" and collectively as the
"Parties."
WHEREAS, Grand Terrace 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.
1. 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) Grand Terrace, 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) Grand Terrace agrees to compensate San Bernardino $9,707.00 per
month for services and work products as defined in Exhibit 1, in the
amount of $116,484.00 each fiscal year for the period July 1, 2010
through June 30, 2012. All license fees collected will be returned to Grand
Terrace.
(b) Grand Terrace shall promptly review invoices and notify San Bernardino
of any objection thereto. Absent such objection in writing within ten (10)
days following the date of the invoice, the invoice shall be deemed proper
and acceptable.
(c) If Grand Terrace fails to pay San Bernardino within thirty (30) calendar
days after the invoice is submitted, Grand Terrace agrees that San
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Bernardino shall have the right, without further notice, to treat such default
in payment as a material breach of this entire Agreement. Upon
occurrence of such material breach, the duties, obligations and
responsibilities of San Bernardino under this Agreement shall be
immediately terminated by San Bernardino. The time for payment may be
extended, or termination waived, upon written agreement of the parties.
Such termination does not release Grand Terrace from the obligation to
pay San Bernardino for services rendered according to Section 5(a)
above.
(c) Grand Terrace may withhold payment of any disputed sums until
satisfaction of a bona fide dispute with respect to such payment. Grand
terrace must give written notice to San Bernardino within ten (10) days
following the date of the disputed invoice if Grand Terrace is disputing any
sum claimed to be due 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).
(e) San Bernardino shall not discontinue its service as a result of such
withholding without first providing thirty (30) calendar days written notice
of intent to discontinue service.
(f) Before exercise of any other remedy, San Bernardino shall appeal, within
thirty (30) calendar days of Grand Terrace's written notice of dispute, to
the City Manager (or his/her designee) of Grand Terrace with respect to
any disputed sums.
(g) The City Manager (or his/her designee) of Grand Terrace shall have thirty
(30) calendar days to send written notice of his or her determination to
San Bernardino with respect to the disputed sum. The determination of
the City Manager (or his/her designee) with respect to such matter shall
be the final administrative appeal.
(h) 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 sums under this Agreement, either party may resort to a civil
proceeding after the conclusion of the procedures set forth herein.
3. Personnel
San Bernardino represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement. San
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Bernardino shall not subcontract for any additional personnel without prior written
approval of Grand Terrace.
4. Personnel Substitutions
All services described in Exhibit 1 shall be performed by San Bernardino or
under its supervision. San Bernardino agrees that all personnel engaged in
performing the services are fully qualified and are authorized or permitted under
state and local law to perform such services.
5. Termination
(a) If either Party fails to perform any duties or obligations imposed by the
Agreement and said failure continues for sixty (60) 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
thereafter.
(b) Either Party at any time may terminate the Agreement without cause upon
the giving of ninety (90) days prior written notice to the other party of such
intent to terminate. Either Party must give at least 90 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 good faith cooperation in the
transfer of the work to any other consultant or service provider employed
by Grand Terrace following termination hereunder and to participate in
such reasonable number of meetings at no cost to Grand Terrace as shall
be deemed necessary by Grand Terrace to effectively accomplish such
transfer.
6. Cooperation
Grand Terrace agrees to reasonably cooperate with San Bernardino in San
Bernardino's performance of duties under the Agreement.
7. Grand Terrace's Responsibilities
Grand Terrace shall furnish to San Bernardino maps, existing studies,
ordinances, data and other existing information and materials in Grand Terrace's
possession, custody or control as shall be determined necessary by San
Bernardino for it to complete the work contemplated by this Agreement. Grand
Terrace agrees to provide all such materials in a timely manner so as not to
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cause delays in San Bernardino's work schedule. All materials and equipment
purchased for or provided to San Bernardino by Grand Terrace shall remain the
property of Grand Terrace and shall be returned within ten (10) days of Grand
Terrace's written request to San Bernardino. Grand Terrace hereby authorizes
San Bernardino personnel to enforce Grand Terrace's municipal code as it
pertains to animals. Grand Terrace shall take all necessary actions to deputize or
otherwise make San Bernardino's actions to enforce Grand Terrace's municipal
code, including, but not limited to, adopting an ordinance or resolution bestowing
the authority to enforce Grand Terrace's municipal code upon San Bernardino
personnel.
8. Grand Terrace's Indemnification
Grand Terrace agrees and promises to indemnify, defend and hold harmless
San Bernardino, 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 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.
9. San Bernardino's Indemnification
San Bernardino agrees and promises to indemnify, defend and hold harmless
Grand Terrace, 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 Grand
Terrace, 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.
10. Warranty
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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.
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. Grand Terrace
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, Grand Terrace
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 Grand Terrace. Any attempt to do
so without said consent shall be null and void, and any assignee, sublessee,
hypothecatee or transferee shall acquire no right or interest by reason of such
attempted assignment, sublease, hypothecation or transfer.
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 its employees, agents or subcontractors be an employee of Grand
Terrace.
15. Conflict of Interest
(a) San Bernardino or its employees may be subject to the provisions of the
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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
Agreement by Grand Terrace.
16. Term
The term of this Agreement shall be for two (2) years, commencing on July 1,
2010 and terminating on June 30, 2012. 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 2012 invoice, plus five percent (5%), for each additional month until a
new Agreement is established. In the event a new Agreement is not established
by December 31, 2012, San Bernardino's obligations to provide Grand Terrace
with a comprehensive Animal Care and Control Program shall terminate.
17. 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.
18. Notices
A notice required or desired to be given pursuant to this Agreement shall be
given in writing and sent by certified mail, return receipt requested, addressed as
follows:
Grand Terrace San Bernardino
City Manager City Manager
22795 Barton Road 300 North 'D' Street
Grand Terrace, Ca. 92313 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.
19. Understanding
RVPMB YCV5599
6
There are no understandings or agreements except as expressly stated herein.
20. 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 in enforcing this
Agreement shall be considered as "attorney fees' for the purpose of this
paragraph.
21. Entire Proposal
This contract constitutes the entire Proposal between Grand Terrace and San
Bernardino and may be modified only by further written agreement between the
Parties.
22. Titles and Subtitles Are Merely Precatory
All titles and subtitles appearing in this proposal 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.
RVPURWM625599
7
EXHIBIT 1
City of Grand Terrace
Scope of Services for
Animal Care and Control Program
1. City Ordinance
The City of San Bernardino ("San Bernardino') will provide a comprehensive animal care
and control program for the City of Grand Terrace ("Grand Terrace") under the
provisions of the Municipal Code of Grand Terrace which prescribes procedures and
standards for licensing, impounding, regulation and control of dogs, cats and other
domestic and wild animals. San Bernardino Animal Control Department and its officers
have the authority to enforce those codes relating to all matters of animal control
contained in the Municipal Code of Grand Terrace, including any codes contained in any
supplemental documents to Municipal Code of Grand Terrace related to zoning and
development code that also affect animals. Further, Grand Terrace will consult with San
Bernardino on any proposed new ordinance or ordinance change dealing with animal
control matters.
2. Term
The term of the Agreement shall be July 1, 2010 through June 30, 2012
3. Impound. Care and Disposal of Dogs and other Domestic and Wild Animals
San Bernardino will operate an animal care and control program for Grand Terrace
consisting of the following activities: field services, shelter services, and licensing. In the
conduct of this program, San Bernardino will perform the following specific functions:
(a) Enforce all provisions of Grand Terrace City Ordinances pertaining to animals, to
include issuing warning notices or citations as necessary. San Bernardino may
also file citations directly with the Court. The City Attorney for Grand Terrace will
appear in court, as necessary, on animal related cases.
(b) The City Attorney for Grand Terrace will process any legal action of necessities
with respect to this agreement.
(c) Impound all animals caught at large and collect all impound fees assessed.
(d) Remove dead animals from the public right-of-way, except state freeways.
(e) 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
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
1
Control or designee there is a direct, clear and present danger to human life.
San Bernardino will provide traps for nuisance animals upon request.
(f) 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.
(g) Provide euthanasia services as required for animals held 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.
(h) Respond to every call for service either by animal control officer, letter or phone.
(i) Cats: San Bernardino will not be required to respond to calls of cats running at
large, confined stray cats or trapped cats. Traps for the purpose of capturing
cats shall be made available to the residents of Grand Terrace. Unless
exceptional circumstances exist, residents of Grand Terrace shall be responsible
for obtaining, monitoring and returning all traps used for this purpose.
Q) All services available to San Bernardino residents for which there is a fee shall
be made available to Grand Terrace residents for the same fee.
(k) Grand Terrace residents may bring stray, un-owned animals to the San
Bernardino shelter at no charge to the resident.
4. Dog Licensing Program
San Bernardino will sell dog licenses to Grand Terrace residents. Licenses may be
purchased at the shelter, Grand Terrace City Hall, or through the mail. Grand Terrace
residents redeeming their dog(s) will be required to purchase a license prior to the dog's
release. San Bernardino will conduct low cost rabies vaccination clinics twice annually.
Two (2) part-time license canvassers will be assigned by San Bernardino to work in
Grand Terrace to secure compliance with Grand Terrace dog license laws. All licensing
revenue generated by Grand Terrace residents will be accounted for in monthly
accounting statements provided to Grand Terrace by San Bernardino and remitted by
San Bernardino to Grand Terrace on a monthly basis.
5. Animal Care Education and Information Program
San Bernardino will provide public educational/information programs to Grand Terrace
Schools, City employee groups, service groups and other organizations, upon request.
6. 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.
2
T Staffing Level and Hours of Service
(a) Field Services
San Bernardino will provide routine field services for Grand Terrace Monday
through Sunday between 8:00 a.m. and 5:00 p.m. A more limited service is
provided on 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
• Trapped cats
• Wildlife in human dwellings (not including rodents or insects)
• Miscellaneous calls such as pet shop investigations, sanitation complaints,
license checks, for-fee pick-ups, courtesy pick-ups, etc.
After hour emergency call-out service is provided daily from 5:00 p.m. to 8:00
a.m. Grand Terrace may contact animal control field personnel via emergency
pager, for after-hour service. A live after-hour answering service is available for
Grand Terrace residents.
(b) Shelter Hours and 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 twenty-four hours per
day.
(c) Emergence After Hours Procedures:
The reporting party (RP) will contact the Grand Terrace Police/Fire Dispatch, or
the City of San Bernardino Animal Control. If the dispatcher deems the call an
emergency (see criteria below) the dispatcher will page the on-call animal control
officer (ACO). The ACO will contact Grand Terrace Dispatch; obtain the RP's
name and phone number and follow-up with the RP for additional information.
The dispatcher will advise the RP, to remain by a phone for contact by the ACO.
Unless requested by Grand Terrace, it will not be necessary for the ACO to notify
the dispatcher of the disposition of the call. If the emergency response is an
agency assist request by Grand Terrace Police/Fire, the ACO will automatically
respond.
San Bernardino will provide a monthly listing of on-call animal control personnel.
San Bernardino will provide personnel to train Grand Terrace dispatchers in on-
call procedures, as requested.
Criteria for Emergency Call-Out
3
♦ Injured stray animals
♦ Loose "aggressive" animals.
♦ Animal bites/attacks.
♦ Loose livestock if a threat to public safety
♦ Other dangerous or Poisonous animal situations posing public safety.
♦ Agency Assists for Fire, Police, Sheriff, etc.
Emergency Calls will be responded to within thirty (30) minutes of receipt by San
Bernardino when practicable. If the dispatcher determines that the call does not
meet emergency call-out criteria, the RP will be instructed to contact animal
control during regular business hours. San Bernardino personnel will not
respond on an emergency basis to loose animals, dead animals, wildlife,
confined strays and sick or injured animals.
8. Inspection
Designated personnel from Grand Terrace may, at any time during normal business
hours, inspect the office, shelter, vehicles and other facilities connected to servicing this
Agreement.
9. 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.
4
PROPOSAL
CITY OF GRAND TERRACE
TOTAL COST BREAKDOWN
FEBRUARY 18, 2010
ANNUAL COST FOR FULL SERVICE $ 116,184
1. COST OF COLLECTING OF ANIMALS 20,995
- FIGURES ARE BASED AT 28.5%COST PER ANIMALS
IMPOUNDED, AND DEAD DISPOSAL
15%Shelter Improvement surcharge 3,149 24,144
2. LICENSE CANVASSING 12,000
3. ADMINISTRATIONIFIELD SERVICESIKENNEL
-ADMINISTRATION
ALL DUTIES NECESSARY FOR SHELTER
AND TRAINING OPERATIONS 5,212
- FIELD SERVICES
ALL COSTS ASSOCIATED WITH FULL SERVICE;
PERSONNEL; SUPPLIES, PLUS
COLLECTING OF ANIMALS 5,920 11,132
4. ADDED COSTS
- FIGURES BASED AT 1.5% OF BUDGET
- FUEUGAS 8,750
- FLEET-VEHICLE REPAIR/MAINT 3,558
-ACO 52,600
-OVERTIME 4,000 68,908
NOW PAYING: $24,144 KENNELING ONLY
FIELD SERVICE 80,040
LECNESE CANVASSING 12,000
TOTAL $116,184
1 RESOLUTION NO. 2010-62
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF,CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANIMAL
3 CONTROL AND HOUSING AGREEMENT BY THE BETWEEN THE CITY OF SAN
4 BERNARDINO AND THE CITY OF GRAND TERRACE FOR THE PERIOD OF
APRIL 1, 2010 THROUGH APRIL 1, 2013 AND RAT NG ANY ACTION TAKEN
5 BETWEEN APRIL 1,2010 AND THE DATE OF TH RESOLUTION.
6 WHEREAS, on November 2, 2009 the Ci of an Bernardino entered into an eighteen
7 month Animal Housing Agreement with the f Grand Terrace, effective January 1, 2010;
8 and
9
WHEREAS, the City of Gr trace notified the City in January 2010 they would be
10
11 going out to bid for animal contro animal housing services; and
12 WHEREAS,the City f an Bernardino was the lowest qualified bidder; and
13 WHEREAS, upo a approval of an Animal Control and Housing Agreement, the
14 previous Animal Hous Agreement for the City of Grand Terrace adopted per Resolution
15 2009-343 will beco null and void.
16
BE IT LVED BY THE MAYOR AND COMMON COUNCIL OF THE
17 CITY OF SAN RNARDINO AS FOLLOWS:
18 SECT N 1. The City Manager of the City of San Bernardino is hereby authorized
19 and directe to execute on behalf of the City, an Agreement with the City of Grand Terrace for
20
animal c trol and housing services, a copy of which are attached hereto and incorporated
21
22 herein, arked as Exhibit"A."
23 SECTION 2. That the implementation date of the Agreement is April 1, 2010;
24 the ore, any action taken between April 1, 2010 and the date that this Resolution is adopted is
25 hereby ratified.
26 SECTION 3. Approval void if not signed by the parties within 90 days of the effective
27 do hereof.
28
1
2010-62
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANIMAL
CONTROL AND HOUSING AGREEMENT BY THE BETWEEN THE CITY OF SAN
1
BERNARDINO AND THE CITY OF GRAND TERRACE FOR THE RIOD OF
2 APRIL 1, 2010 THROUGH APRIL 1, 2013 AND RATIFYING ANY A ION TAKEN
BETWEEN APRIL 1,2010 AND THE DATE OF THIS RESOLUTI
3
I HEREBY CERTIFY that the foregoing Resolution was duly ad ed by the Mayor and
4 Joint
5
Common Council of the City of San Bernardino at a regular meeting thereof, held on
6 the 5th day of April 2010, by the follov�i£ig vote, to wit:
7 Council Members AYES NA 5/ ABSTAIN ABSENT
8 MARQUEZ x
9 DESJARDINS x
10
BRINKER
11
12 SHORETT
13
KELLEY x
14 JOHNSON x
15 MC CAMMACK x
16
17
18 City Clerk
19 Th regoing resolution is hereby approved this�day of April 2010.
20
21
22 prick J. Mor ' , ayor
ity of San Bernardino
23
24 Approved as to form:
25 James F. Penman,
City A omey
26
B .
27
28
2
I RESOLUTION NO. 2010-62
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN
3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANIMAL
CONTROL AND HOUSING AGREEMENT BY THE BETWEEN THE CITY OF SAN
4 BERNARDINO AND THE CITY OF GRAND TERRACE FOR THE PERIOD OF APRIL
5 1,2010 THROUGH APRIL 1, 2013 AND RATIFYING ANY ACTION TAKEN BETWEEN
APRIL 1, 2010 AND THE DATE OF THIS RESOLUTION.
6
7 WHEREAS, on November 2, 2009 the City of San Bernardino entered into an eighteen
8
month Animal Housing Agreement with the City of Grand Terrace, effective January 1, 2010; and
9
10 WHEREAS, the City of Grand Terrace notified the City in January 2010 they would be
11 going out to bid for animal control and animal housing services; and
12 WHEREAS, the City of San Bernardino was the lowest qualified bidder; and
13
WHEREAS,upon the approval of an Animal Control and Housing Agreement,the previous
14
15 Animal Housing Agreement for the City of Grand Terrace adopted per Resolution 2009-343 will
16 become null and void.
17 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
18 OF SAN BERNARDINO AS FOLLOWS:
19 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
20
and directed to execute on behalf of the City, an Agreement with the City of Grand Terrace for
21
22 animal control and housing services, a copy of which are attached hereto and incorporated herein,
23 marked as Exhibit "A."
24 SECTION 2. The implementation date of the Agreement is April 1, 2010; therefore, any
25
action taken between April 1, 2010 and the date that this Resolution is adopted is hereby ratified.
26
27 SECTION 3. The Director of Finance is authorized to amend the FY 2009/2010 Adopted
28 Budget as outlined in Exhibit"A."
�pla eel
P'\LUCZAK\ANIMAL CONTROL\GT Resolution 2010.wpd '50
/7//o
2010-62
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN
2 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANIMAL
CONTROL AND HOUSING AGREEMENT BY THE BETWEEN THE CITY OF SAN
3 BERNARDINO AND THE CITY OF GRAND TERRACE FOR THE PERIOD OF APRIL
1,2010 THROUGH APRIL 1,2013 AND RATIFYING ANY ACTION TAKEN BETWEEN
4 APRIL 1, 2010 AND THE DATE OF THIS RESOLUTION.
5
6 SECTION 4. The Director of Human Resources is authorized to update the position control
7 resolution,Resolution 97-244,to reflect the addition of one Animal Control Officer.
e
SECTION 5. Approval void if not signed by the parties within 90 days of the effective do
9
10 hereof.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PAL.UCZAK\ANIMAL CONTROBOT Resolution 2010.wpd
2
2010-62
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN
2 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANIMAL
CONTROL AND HOUSING AGREEMENT BY THE BETWEEN THE CITY OF SAN
3 BERNARDINO AND THE CITY OF GRAND TERRACE FOR THE PERIOD OF APRIL
1, 2010 THROUGH APRIL 1, 2013 AND RATIFYING ANY ACTION TAKEN
4 BETWEEN APRIL 1,2010 AND THE DATE OF THIS RESOLUTION.
5
6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
7 Common Council of the City of San Bernardino at a regular meeting thereof, held on
8
the 5th day of April 2010,by the following vote,to wit:
9
to Council Members AYES NAYS ABSTAIN ABSENT
11 MARQUEZ %
12 DESJARDINS %
13 x
BRINKER
14
SHORETT x
15
16 KELLEY x
17 JOHNSON X
is
MC CAMMACK x
19
20
21 City Clerk
22 The foregoing resolution is hereby approved this day ofApril 2010.
23
24 k,.j Patrick J. aisz Mayor
City of San Bernardino
25
Approved as to form:
26
27 James F. Penman,
City Atto 7 ey
28 �
By:
PALUC IKANIMAL CONTROUGT Resolution 2010.wpd
3
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANIMAL
3 CONTROL AND HOUSING AGREEMENT BY THE BETWEEN THE CITY OF SAN
4 BERNARDINO AND THE CITY OF GRAND TERRACE FOR THE PERIOD OF
APRIL 1, 2010 THROUGH APRIL 1, 2013 AND RATIFYING ANY ACTION TAKEN
5 BETWEEN APRIL 1,2010 AND THE DATE OF THIS RESOLUTION.
6 WHEREAS, on November 2, 2009 the City of San Bernardino e red into an eighteen
7 month Animal Housing Agreement with the City of Grand Terr effective January 1, 2010;
8 and
9
WHEREAS. the City of Grand Terrace notifi the City in January 2010 they would be
10
11 going out to bid for animal control and animal h sing services; and
12 WHEREAS, the City of San Bernar no was the lowest qualified bidder; and
13 WHEREAS, upon the approv of an Animal Control and Housing Agreement, the
14 previous Animal Housing Agreem t for the City of Grand Terrace adopted per Resolution
15 2009-343 will become null and v id.
16
BE IT RESOLVED Y THE MAYOR AND COMMON COUNCIL OF THE
17 CITY OF SAN BERNA NO AS FOLLOWS:
18 SECTION 1. T City Manager of the City of San Bernardino is hereby authorized
19 and directed to execut on behalf of the City, an Agreement with the City of Grand Terrace for
20
animal control and ousing services, a copy of which are attached hereto and incorporated
21
22 herein, marked as xhibit"A."
23 SECTI N2. That the implementation date of the Agreement is April 1, 2010;
24 therefore, any action taken between April 1,2010 and the date that this Resolution is adopted is
25 hereby ratify d.
26 SE TION 3. Approval void if not signed by the parties within 90 days of the effective
27 do hereof.
28
I ��
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANIMAL
1 CONTROL AND HOUSING AGREEMENT BY THE BETWEEN THE CITY OF SAN
BERNARDINO AND THE CITY OF GRAND TERRACE FOR THE PERIOD OF
2 APRIL 1, 2010 THROUGH APRIL 1, 2013 AND RATIFYING ANY ACTION TAKEN
BETWEEN APRIL 1,2010 AND THE DATE OF THIS RESOLUTION.
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4
5 Common Council of the City of San Bernardino at a meeting thereof, held on
6 the day of 2010, by the following vote,to wit:
7 Council Members AYES NAYS ABSTAIN ABSENT
8 MARQUEZ
9 DESJARDINS
10
BRINKER
ii
12 SHORETT
13 KELLEY
14 JOHNSON
15 MC CAMMACK
16
17
18 City Clerk
19 The foregoing resolution i hereby approved this day of .' 2010.
20
21
22 Patrick L Morris, Mayor
City of San Bernardino
23
24 Approved as to form:
25 James F. Penman,
City A Pmey
26
By 1, 1
27
28
2
Exhibit "A"
PROFESSIONAL SERVICES AGREEMENT
City of San Bernardino
Animal Control and Housing Services
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered
into this day of April, 2010, ("Effective Date") by and between the CITY OF GRAND
TERRACE ("City"), a public entity, and the CITY OF SAN BERNARDINO, a public entity
("Service Provider").
1. Scope of Services. City agrees to retain and does hereby retain Service Provider and
Service Provider agrees to provide the services more particularly described in Exhibit "1",
"Scope of Services and Fees", attached hereto and incorporated herein by reference, in
conjunction with Animal Control and Housing Services ("Services").
2. Term. This Agreement shall be effective on the date first written above unless
otherwise provided in Exhibit "I" and the Agreement shall remain in effect until April 1, 2013,
unless otherwise terminated pursuant to the provisions herein. This Agreement may be extended
up to two years at the discretion of the City Manager and the acquiescence of Service Provider.
3. Compensation/Payment. Service Provider shall perform the Services under this
Agreement for fees not to exceed$104,184.00 annually, payable monthly, in accordance with the
terms set forth in Exhibit "A". Said payment shall be made in accordance with the City's usual
accounting procedures upon receipt and approval of an invoice setting forth the services
performed. The invoices shall be delivered to the City at the address set forth in Section 4
hereof.
4. Notices. Any notices required to be given hereunder shall be in writing and shall
either be personally served or mailed first class, postage paid. Any notice given by mail shall be
deemed given when deposited in the United States Mail, first class postage prepaid, addressed to
the patty to be served as follows:
To City: To Service Provider:
City of Grand Terrace City of San Bernardino
City Clerk Attn: Sue Hoak, Manager, Animal Control
22795 Barton Road 300 North"D" Street
Grand Terrace, California 92313 San Bernardino, California 92418
5. Prevailing Wage. Service Provider shall abide by all applicable labor laws.
6. Contract Administration. A designee of the City will be appointed to administer
this Agreement on behalf of the City and shall be referred to herein as Contract Administrator.
Page I of 9
7. Standard of Performance. While performing the Services, Service Provider shall
exercise the reasonable professional care and skill customarily exercised by reputable members
of Service Provider's profession practicing in the Metropolitan Southern California Area, and
shall use reasonable diligence and best judgment while exercising its professional skill and
expertise.
8. Personnel. Service Provider shall furnish all personnel necessary to perform the
Services and shall be responsible for their performance and compensation. Service Provider
recognizes that the qualifications and experience of the personnel to be used are vital to
professional and timely completion of the Services.
9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or
obligation in or under this Agreement to any other entity without prior written consent of the
other party. In any event, no assignment shall he made unless the assignee expressly assumes the
obligations of assignor under this Agreement, in a writing satisfactory to the parties. Service
Provider shall not subcontract any portion of the work required by this Agreement without prior
written approval by the City's Contract Administrator. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement, including without
limitation, the insurance obligations set forth in Section 12. Service Provider acknowledges that
any transfer of rights may require City Manager and/or City Council approval.
10. Independent Contractor. In the performance of this Agreement, Service Provider,
and Service Provider's employees, subcontractors and agents, shall act in an independent
. , capacity as independent contractors, and'not as officers or employees of the City of Grand
Terrace. Service Provider acknowledges and agrees that City has no obligation to pay or
withhold state or federal taxes or to provide workers' compensation or unemployment insurance
to Service Provider, or to Service Provider's employees, subcontractors and agents. Service
Provider, as an independent contractor, shall be responsible for any and all taxes that apply to
Service Provider as an employer.
11. Indemnification.
Service Provider agrees and promises to indemnify, defend and hold harmless City, its
officers, elected officials, employees and agents, from and against all actions, causes of action,
claims, demands, lawsuits, costs and expenses and liability for damages to persons or property
that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or
other organizations arising out of, or in connection with, the performance of this Agreement,
excluding such actions, claims demands, lawsuits and liability for damages to persons or
property arising from gross or willful misconduct of City, its officers, employees or agents. Said
sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable
attorney's fees. The costs, salary and expenses of any retained counsel and/or the City Attorney
and members of his/her office shall be considered as "attorney fees" for the purpose of this
paragraph.
Page 2 of 9
City agrees and promises to indemnify, defend and hold harmless Service Provider, its
officers, elected officials, employees and agents, from and against all actions, causes of action,
claims, demands, lawsuits, costs and expenses and liability for damages to persons or property
that may be asserted or claimed by any person, firm entity, corporation, political subdivision, or
other organizations arising out of, or in connection with, the performance of this Agreement,
excluding such actions, claims demands, lawsuits and liability for damages to persons or
property arising from gross or willful misconduct of Service Provider, its officers, employees or
agents. Said sums shall include, in the event of legal action, court costs, expenses of litigation,
and reasonable attorney's fees. The costs, salary and expenses of any retained counsel and/or the
City Attorney and members of his/her office shall be considered as "attorney fees" for the
purpose of this paragraph.
12. Insurance.
12.1 General Provisions. Prior to the City's execution of this Agreement, Service
Provider shall provide satisfactory evidence of, and shall thereafter maintain during the term of
this Agreement, such insurance policies and coverages in the types, limits, forms and ratings
required herein. The rating and required insurance policies and coverages may be modified in
writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is
prohibited by law.
12.1.1 Limitations. These minimum amounts of coverage shall not constitute any
p.. limitation or cap on Service Provider's indemnification obligations under Section 11 hereof.
12.1.2 Ratings. Any insurance policy or coverage provided by Service Provider or
subcontractors as required by this Agreement shall be deemed inadequate and a material breach
of this Agreement, unless such policy or coverage is issued by insurance companies authorized
to transact insurance business in the State of California with a policy holder's rating of B+ or
higher and a Financial Class of VII or higher.
12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior
written notification of intended cancellation has been given to City by certified or registered
mail, postage prepaid.
12.1.4 Adequacy. The City, its officers, employees and agents make no representation
that the types or limits of insurance specified to be carried by Service Provider pursuant to this
Agreement are adequate to protect Service Provider. If Service Provider believes that any
required insurance coverage is inadequate, Service Provider will obtain such additional insurance
coverage as Service Provider deems adequate, at Service Provider's sole expense.
12.2 Workers' Compensation Insurance: By executing this Agreement, Service
Provider certifies that Service Provider is aware of and will comply with Section 3700 of the
Labor Code of the State of California requiring every employer to be insured against liability for
workers' compensation, or to undertake self-insurance before commencing any of the work.
Page 3 of 9
Service Provider shall carry the insurance or provide for self-insurance required by California
law to protect said Service Provider from claims under the Workers' Compensation Act. Prior to
City's execution of this Agreement, Service Provider shall file with City either(1) a certificate of
insurance showing that such insurance is in effect, or that Service Provider is self-insured for
such coverage, or (2) a certified statement that Service Provider has no employees, and
acknowledging that if Service Provider does employ any person, the necessary certificate of
insurance will immediately be filed with City. Any certificate filed with City shall provide that
City will be given ten (10) days prior written notice before modification or cancellation thereof.
12.3 Automobile Insurance. Prior to City's execution of this Agreement, Service
Provider shall obtain, and shall thereafter maintain during the term of this Agreement,
automobile liability insurance as required to insure Service Provider against damages for
personal injury, including accidental death, as well as from claims for property damage, which
may arise from or which may concern operations by anyone directly or indirectly employed by,
connected with, or acting for or on behalf of Service Provider. The City, and its officers,
employees and agents, shall be named as additional insureds under the Service Provider's
insurance policies.
12.3.1 Service Provider's automobile liability policy shall cover both bodily injury and
property damage in an amount not less than $500,000 per occurrence and an aggregate limit of
not less than $1,000,000. All of Service Provider's automobile and/or commercial general
liability insurance policies shall cover all vehicles used in connection with Service Provider's
performance of this Agreement, which vehicles shall include, but are not limited to, Service
Provider owned vehicles, Service Provider leased vehicles, Service Provider's employee
vehicles, non-Service Provider owned vehicles and hired vehicles.
12.3.2 Prior to City's execution of this Agreement, copies of insurance policies or
original certificates and additional insured endorsements evidencing the coverage required by
this Agreement, for automobile liability insurance, shall be filed with the City and shall include
the City and its officers, employees and agents, as additional insureds. Said policies shall be in
the usual fort of commercial general and automobile liability insurance policies, but shall
include the following provisions:
It is agreed that the City of Grand Terrace and its officers, employees and agents,
are added as additional insureds under this policy, solely for work done by and on
behalf of the named insured for the City of Grand Terrace.
12.4 Errors and Omissions Insurance. Prior to City's execution of this Agreement,
Service Provider shall obtain, and shall thereafter maintain during the term of this Agreement,
errors and omissions professional liability insurance in the minimum amount of $1,000,000 to
protect the City from claims resulting from the Service Provider's activities.
12.5 Subcontractors' Insurance. Service Provider shall require all of its subcontractors
to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may
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be caused by the subcontractors' scope of work and activities provided in furtherance.of this
Agreement, including, but without limitation, the following coverages: Workers Compensation
(except for a sole proprietor), Commercial General Liability, and Automobile liability. Upon
City's request, Service Provider shall provide the City with satisfactory evidence that
Subcontractors have obtained insurance policies and coverages required by this section.
12.6 Certificate of Self-Insurance. In lieu of the foregoing policy(ies) of insurance,
Service Provider may file a Certificate of Self-insurance with City to satisfy the insurance
requirements under this Agreement.
13. Business Tax. Service Provider is a municipal government and exempt from the
City's Business Tax.
14. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
15. City's Right to Employ Other Service Providers. City reserves the right to
employ other Service Providers in connection with the Services .
16. Accounting Records. Service Provider shall maintain complete and accurate
records with respect to costs incurred under this Agreement. All such records shall be clearly
identifiable. Service Provider shall allow a representative of City during normal business hours
and upon reasonable notice to examine, audit, and make transcripts or copies of such records and
any other documents created pursuant to this Agreement. Service Provider shall allow inspection
of all work, data, documents, proceedings, and activities related to the Agreement for a period of
three(3)years from the date of final payment under this Agreement.
17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other materials
either created by or provided to Service Provider in connection with the performance of this
Agreement shall be held confidential by Service Provider, except as otherwise directed by City's
Contract Administrator, or as provided by law. Nothing furnished to Service Provider which is
otherwise known to the Service Provider or is generally known, or has become known, to the
related industry shall be deemed confidential. Service Provider shall not use City's name or
insignia, photographs of the Services, or any publicity pertaining to the Services in any
magazine, trade paper, newspaper, television or radio production, website, or other similar
medium without the prior written consent of the City.
18. Ownership of Documents. All contracts and invoices prepared under this
Agreement by Service Provider shall be and remain the property of City upon City's
compensation to Service Provider for its services as herein provided. Service Provider shall not
release to others information furnished by City without prior express written approval of City
except as provided by law.
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19. Conflict of Interest. Service Provider warrants that if Service Provider has any real
property, business interests or income interests that will be affected by this project it will notify
City, or, alternatively, that Service Provider will file with the City an affidavit disclosing any
such interest.
20. Solicitation. Service Provider warrants that Service Provider has not employed or
retained any person or City to solicit or secure this Agreement, nor has it entered into any
agreement or understanding for a commission, percentage, brokerage, or contingent fee to be
paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate
this Agreement without liability and pay Service Provider only for the value of work Service
Provider has actually performed, or, in its sole discretion, to deduct from the Agreement price or
otherwise recover from Service Provider the full amount of such commission, percentage,
brokerage or commission fee. The remedies specified in this section shall be in addition to and
not in lieu of those remedies otherwise specified in this Agreement.
21. General Compliance with Laws. Service Provider shall keep fully informed of
federal, state and local laws and ordinances and regulations which in any manner affect those
employed by Service Provider, or in any way affect the performance of services by Service
Provider pursuant to this Agreement. Service Provider shall at all times observe and comply with
all such laws, ordinances and regulations, and shall be solely responsible for any failure to
comply with all applicable laws, ordinances and regulations.
w 22. Amendments. This Agreement may be modified or amended only by a written
Agreement and/or change order executed by the Service Provider and City.
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23. Termination. City and the Service Provider, by notifying the other party in writing,
shall have the right to terminate any or all of Service Provider's services and work covered by
this Agreement at any time. In the event of such termination, Service Provider may submit
Service Provider's final written statement of the amount of Service Provider's services as of the
date of such termination based upon the ratio that the work completed bears to the total work
required to make the report complete, subject to the City's rights under Sections 15 and 24
hereof. In ascertaining the work actually rendered through the termination date, City shall
consider completed work, work in progress and complete and incomplete reports and other
documents only after delivered to City.
23.1 Other than as stated below, City and Service Provider shall provide the other party
thirty(30) days prior written notice prior to termination.
23.2 City may terminate this Agreement upon fifteen (15) days written notice to Service
Provider, in the event:
23.2.1 Service Provider substantially fails to perform or materially breaches the
Agreement; or
[' Page 6 of 9
23.2.2 City decides to abandon or postpone the Services.
24. Successors and Assigns. This Agreement shall be binding upon City and its
successors and assigns, and upon Service Provider and its permitted successors and assigns, and
shall not be assigned by Service Provider, either in whole or in part, except as otherwise
provided in paragraph 9 of this Agreement.
25. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the
parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall
be tried in a court of competent jurisdiction in the County of San Bernardino, State of California,
or, if applicable, the United States District Court, Central District of California, and the parties
hereby waive all provisions of law providing for a change of venue in such proceedings to any
other county. In the event either party hereto shall bring suit to enforce any term of this
Agreement or to recover any damages for and on account of the breach of any term or condition
of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all
costs thereof, including reasonable attorneys'fees, to be set by the court in such action.
26. Nondiscrimination. During Service Provider's performance of this Agreement,
Service Provider shall not discriminate on the grounds of race, religious creed, color, national
origin, ancestry, age, physical disability, mental disability, medical condition, including the
medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related
thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and
subcontractors and the procurement of materials and equipment, except as provided in Section
12940 of the California Government Code. Further, Service Provider agrees to conform to the
requirements of the Americans with Disabilities Act in the performance of this Agreement.
27. Severability. Each provision, term, condition, covenant and/or restriction, in whole
and in part, of this Agreement shall be considered severable. In the event any provision, term,
condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared
invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed
from this Agreement and shall not affect any other provision, term, condition, covenant and/or
restriction of this Agreement, and the remainder of the Agreement shall continue in full force and
effect.
28. Authority: The individuals executing this Agreement and the instruments referenced
herein on behalf of Service Provider each represent and warrant that they have the legal power,
right and actual authority to bind Service Provider to the terms and conditions hereof and thereof.
29. Entire Agreement: This Agreement constitutes the final, complete, and exclusive
statement of the terms of the agreement between the parties pertaining to the subject matter of
this Agreement, and supersedes all prior and contemporaneous understandings or agreements of
the parties. Neither party has been induced to enter into this Agreement by, and neither party is
relying on, any representation or warranty outside those expressly set forth in this Agreement.
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30. Interpretation. City and Service Provider acknowledge and agree that this
Agreement is the product of mutual arms-length negotiations and accordingly, the rule of
construction, which provides that the ambiguities in a document shall be construed against the
drafter of that document, shall have no application to the interpretation and enforcement of this
Agreement.
30.1 Titles and captions are for convenience of reference only and do not define,
describe or limit the scope or the intent of the Agreement or any of its terms. Reference to
section numbers are to sections in the Agreement unless expressly stated otherwise.
30.2 This Agreement shall be governed by and construed in accordance with the laws
of the State of California in effect at the time of the execution of this Agreement.
30.3 In the event of a conflict between the body of this Agreement and Exhibit "1"
hereto, the terms contained in Exhibit "1" shall be controlling.
31. No Third Party Beneficiaries. The parties to this Agreement do not intend for
any third party to obtain a right by virtue of this Agreement.
32. Exhibits. The following exhibits attached hereto are incorporated herein to this
Agreement by this reference:
Exhibit "1"-Scope of Work, Schedule, and Fees
IN WITNESS WHEREOF City and Service Provider have caused this Agreement to be
duly executed the day and year first above written.
CITY OF GRAND TERRACE CITY OF SAN BERNARDINO
A Public Entity Service Provider
By: - By:
Ci y Mdnager City Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:
By' By:
City Attorney-V City Attorney- San Bernardino
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EXHHiIT"1"
SCOPE OF SERVICES, SCHEDULE, AND FEES
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EXHIBIT 1
City of Grand Terrace
Scope of Services, Schedule and Fees
Animal Care and Control Program
1. City Ordinance
The City of San Bernardino ("San Bernardino") will provide a comprehensive animal care
and control program for the City of Grand Terrace ("Grand Terrace") under the
provisions of the Municipal Code of Grand Terrace which prescribes procedures and
standards for licensing, impounding, regulation and control of dogs, cats and other
domestic and wild animals. San Bernardino Animal Control Department and its officers
have the authority to enforce those codes relating to all matters of animal control
contained in the Municipal Code of Grand Terrace, including any codes contained in any
supplemental documents to Municipal Code of Grand Terrace related to zoning and
development code that also affect animals. Further, Grand Terrace will consult with San
Bernardino on any proposed new ordinance or ordinance change dealing with animal
control matters.
2. Term
The term of the Agreement shall be April 1, 2010 through April 1, 2013.
3. Consideration
Grand Terrace agrees to compensate San Bernardino $6,682.00 per month for services
and work products as defined in this exhibit for the period April 1, 2010 through April 1,
2013.
4. Impound, Care and Disposal of Dogs and other Domestic and Wild Animals
Subject to any exclusions, San Bernardino will operate an animal care and control
program for Grand Terrace consisting of the following activities: field services, and
shelter services. In the conduct of this program, San Bernardino will perform the
following specific functions:
(a) Enforce all provisions of Grand Terrace City Ordinances pertaining to animals, to
include issuing warning notices or citations as necessary. San Bernardino may
also file citations directly with the Court. The City Attorney for Grand Terrace will
process any legal action and appear in court, as necessary, on animal related
cases.
(b) Impound all animals caught at large and collect all impound fees assessed.
(c) Remove dead animals from the public right-of-way, except state freeways.
(d) Respond to requests for assistance in the trapping and removal of domestic
animals from public or private property during normal operating hours. San
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Bernardino will offer advice in setting a trap in any enclosed space and will
remove wild animals (not including rodents or insects) caught in a trap or found
inside any human dwelling. Animal Control employees shall not be required to
maintain on-premise surveillance unless in the opinion of the Director of Animal
Control or designee there is a direct, clear and present danger to human life.
San Bernardino will provide traps for nuisance animals upon request.
(e) Investigate reported animal bites and quarantine, as prescribed by law, all biting
animals and animals suspected to be rabid. San Bernardino shall take
appropriate steps consistent with the circumstances of each separate incident to
locate and impound the suspect animal or animals and or assist the complainant
and or injured party or parties to trap the suspected animal or animals.
(f) Provide euthanasia services as required for animals held for the state-mandated
legal holding period if these animals are not reclaimed by their owners and are
deemed unsuitable or unavailable by San Bernardino for adoption. All
impounded animals will be scanned for microchips. Animals with identification,
licenses or microchips will be held up to ten It 0) days and attempts will be made
to contact the owner.
(g) Respond to every call for service either by animal control officer, letter or phone,
except for excluded items.
(h) Cats: San Bernardino will not be required to respond to calls of cats running at
large, confined stray cats or trapped cats. Traps for the purpose of capturing
cats shall be made available to the residents of Grand Terrace. Unless
exceptional circumstances exist, residents of Grand Terrace shall be responsible
for obtaining, monitoring and returning all traps used for this purpose.
(i) All services available to San Bernardino residents for which there is a fee shall
be made available to Grand Terrace residents for the same fee.
Q) Grand Terrace residents may bring stray, un-owned animals to the San
Bernardino shelter at no charge to the resident.
5. Dog Licensing
Grand Terrace residents redeeming their dog(s) will be required to pay a license deposit
prior to the dog's release. All licensing deposits generated by Grand Terrace residents
will be accounted for in monthly accounting statements provided to Grand Terrace by
San Bernardino and remitted by San Bernardino to Grand Terrace on a monthly basis.
6. Animal Care Education and Information Program
San Bernardino will provide public educational/information programs to Grand Terrace
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.
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8. Staffing Level and Hours of Service
(a) Field Services
San Bernardino will provide routine field services for Grand Terrace Monday
through Friday between 8:00 a.m. and 5:00 p.m. A more limited service is
provided on Saturdays, Sundays and Holidays. Calls to be considered routine
and to be handled during the normal course of the officer's shift and include:
• Confined strays
• Dead animals
• Stray dogs running at large
• 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. Grand Terrace may contact animal control field personnel via emergency
pager, for after-hour service. A live after-hour answering service is available for
Grand Terrace residents.
(b) Shelter Hours and 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 twenty-four hours per
day.
(c) Emergency After-Hours Procedures:
The reporting party (RP) will contact the Grand Terrace Police/Fire Dispatch, or
the City of San Bernardino Animal Control. If the dispatcher deems the call an
emergency (see criteria below) the dispatcher will page the on-call animal control
officer (ACO). The ACO will contact Grand Terrace Dispatch; obtain the RP's
name and phone number and follow-up with the RP for additional information.
The dispatcher will advise the RP, to remain by a phone for contact by the ACO.
Unless requested by Grand Terrace, it will not be necessary for the ACO to notify
the dispatcher of the disposition of the call. If the emergency response is an
agency assist request by Grand Terrace Police/Fire, the ACO will automatically
respond.
San Bernardino will provide a monthly listing of on-call animal control personnel.
San Bernardino will provide personnel to train Grand Terrace dispatchers in on-
call procedures, as requested.
Criteria for Emergency Call-Out
♦ Injured stray animals
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♦ Loose "aggressive" animals.
♦ Animal bites/attacks.
• Loose livestock if a threat to public safety
♦ Other dangerous or Poisonous animal situations posing public safety.
♦ Agency Assists for Fire, Police, Sheriff, etc.
Emergency Calls will be responded to within thirty (30) minutes of receipt by San
Bernardino when practicable. If the dispatcher determines that the call does not
meet emergency call-out criteria, the RP will be instructed to contact animal
control during regular business hours. San Bernardino personnel will not
respond on an emergency basis to loose animals, dead animals, wildlife,
confined strays and sick or injured animals.
9. Inspection
Designated personnel from Grand Terrace may, at any time during normal business
hours, inspect the office, shelter, vehicles and other facilities connected to servicing this
Agreement.
10, Reclaimed Animals
Animals reclaimed by their owners will be charged redemption fees in accordance with
City of San Bernardino resolutions and applicable state laws. San Bernardino will retain
such fees.
10. Exclusions
San Bernardino will not be required to:
• Conduct rabies vaccination and license clinics.
• Provide dog license canvassers.
• Administer and sell Grand Terrace dog licenses.
• Handle animal noise complaints.
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PROFESSIONAL SERVICES AGREEMENT
City of San Bernardino
Animal Control and Housing Services
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered
into this day of April, 2010, ("Effective Date") by and between the CITY OF GRAND
TERRACE ("City'), a public entity, and the CITY OF SAN BERNARDINO, a public entity
("Service Provider").
1. Scope of Services. City agrees to retain and does hereby retain Service Provider and
Service Provider agrees to provide the services more particularly described in Exhibit "1",
"Scope of Services and Fees", attached hereto and incorporated herein by reference, in
conjunction with Animal Control and Housing Services ("Services").
2. Term. This Agreement shall be effective on the date first written above unless
otherwise provided in Exhibit "I" and the Agreement shall remain in effect until April 1, 2013,
unless otherwise terminated pursuant to the provisions herein. This Agreement may be extended
up to two years at the discretion of the City Manager and the acquiescence of Service Provider.
3. Compensation/Payment. Service Provider shall perform the Services under this
Agreement for fees not to exceed$104,184.00 annually, payable monthly, in accordance with the
terms set forth in Exhibit "A". Said payment shall be made in accordance with the City's usual
accounting procedures upon receipt and approval of an invoice setting forth the services
performed. The invoices shall be delivered to the City at the address set forth in Section 4
hereof.
4. Notices. Any notices required to be given hereunder shall be in writing and shall
either be personally served or mailed first class, postage paid. Any notice given by mail shall be
deemed given when deposited in the United States Mail, fast class postage prepaid, addressed to
the party to be served as follows:
To City: To Service Provider:
City of Grand Terrace City of San Bernardino
City Clerk Attn: Sue Hoak, Manager, Animal Control
22795 Barton Road 300 North "D" Street
Grand Terrace, California 92313 San Bernardino, California 92418
5. Prevailing Wage. Service Provider shall abide by all applicable labor laws.
6. Contract Administration. A designee of the City will be appointed to administer
this Agreement on behalf of the City and shall be referred to herein as Contract Administrator.
Page I of 9
7. Standard of Performance. While performing the Services, Service Provider shall
V...
exercise the reasonable professional care and skill customarily exercised by reputable members
of Service Provider's profession practicing in the Metropolitan Southern California Area, and
shall use reasonable diligence and best judgment while exercising its professional skill and
expertise.
8. Personnel. Service Provider shall furnish all personnel necessary to perform the
Services and shall be responsible for their performance and compensation. Service Provider
recognizes that the qualifications and experience of the personnel to be used are vital to
professional and timely completion of the Services.
9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or
obligation in or under this Agreement to any other entity without prior written consent of the
other party. In any event, no assignment shall be made unless the assignee expressly assumes the
obligations of assignor under this Agreement, in a writing satisfactory to the parties. Service
Provider shall not subcontract any portion of the work required by this Agreement without prior
written approval by the City's Contract Administrator. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement, including without
limitation, the insurance obligations set forth in Section 12. Service Provider acknowledges that
any transfer of rights may require City Manager and/or City Council approval.
10. Independent Contractor. In the performance of this Agreement, Service Provider,
and Service Providers employees, subcontractors and agents, shall act in an independent
capacity as independent contractors, and not as officers or employees of the City of Grand
Terrace. Service Provider acknowledges and agrees that City has no obligation to pay or
withhold state or federal taxes or to provide workers' compensation or unemployment insurance
to Service Provider, or to Service Provider's employees, subcontractors and agents. Service
Provider, as an independent contractor, shall be responsible for any and all taxes that apply to
Service Provider as an employer.
11. Indemnification.
Service Provider agrees and promises to indemnify, defend and hold harmless City, its
officers, elected officials, employees and agents, from and against all actions, causes of action,
claims, demands, lawsuits, costs and expenses and liability for damages to persons or property
that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or
other organizations arising out of, or in connection with, the performance of this Agreement,
excluding such actions, claims demands, lawsuits and liability for damages to persons or
property arising from gross or willful misconduct of City, its officers, employees or agents. Said
sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable
attorney's fees. The costs, salary and expenses of any retained counsel and/or the City Attorney
and members of his/her office shall be considered as "attorney fees" for the purpose of this
paragraph.
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City agrees and promises to indemnify, defend and hold harmless Service Provider, its
officers, elected officials, employees and agents, from and against all actions, causes of action,
claims, demands, lawsuits, costs and expenses and liability for damages to persons or property
that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or
other organizations arising out of, or in connection with, the performance of this Agreement,
excluding such actions, claims demands, lawsuits and liability for damages to persons or
property arising from gross or willful misconduct of Service Provider, its officers, employees or
agents. Said sums shall include, in the event of legal action, court costs, expenses of litigation,
and reasonable attorney's fees. The costs, salary and expenses of any retained counsel and/or the
City Attorney and members of his/her office shall be considered as "attorney fees" for the
purpose of this paragraph.
12. Insurance.
12.1 General Provisions. Prior to the City's execution of this Agreement, Service
Provider shall provide satisfactory evidence of, and shall thereafter maintain during the term of
this Agreement, such insurance policies and coverages in the types, limits, forms and ratings
required herein. The rating and required insurance policies and coverages may be modified in
writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is
prohibited by law.
12.1.1 Limitations. These minimum amounts of coverage shall not constitute any
limitation or cap on Service Provider's indemnification obligations under Section 1 I hereof.
12.1.2 Ratings. Any insurance policy or coverage provided by Service Provider or
subcontractors as required by this Agreement shall be deemed inadequate and a material breach
of this Agreement, unless such policy or coverage is issued by insurance companies authorized
to transact insurance business in the State of California with a policy holder's rating of B+ or
higher and a Financial Class of VII or higher.
12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior
written notification of intended cancellation has been given to City by certified or registered
mail, postage prepaid.
12.1.4 Adequacy. The City, its officers, employees and agents make no representation
that the types or limits of insurance specified to be carried by Service Provider pursuant to this
Agreement are adequate to protect Service Provider. If Service Provider believes that any
required insurance coverage is inadequate, Service Provider will obtain such additional insurance
coverage as Service Provider deems adequate, at Service Providers sole expense.
12.2 Workers' Compensation Insurance: By executing this Agreement, Service
Provider certifies that Service Provider is aware of and will comply with Section 3700 of the
Labor Code of the State of California requiring every employer to be insured against liability for
workers' compensation, or to undertake self-insurance before commencing any of the work.
Page 3 of 9
Service Provider shall carry the insurance or provide for self-insurance required by California
law to protect said Service Provider from claims under the Workers' Compensation Act. Prior to
City's execution of this Agreement, Service Provider shall file with City either(1) a certificate of
insurance showing that such insurance is in effect, or that Service Provider is self-insured for
such coverage, or (2) a certified statement that Service Provider has no employees, and
acknowledging that if Service Provider does employ any person, the necessary certificate of
insurance will immediately be filed with City. Any certificate filed with City shall provide that
City will be given ten (10) days prior written notice before modification or cancellation thereof.
12.3 Automobile Insurance. Prior to City's execution of this Agreement, Service
Provider shall obtain, and shall thereafter maintain during the term of this Agreement,
automobile liability insurance as required to insure Service Provider against damages for
personal injury, including accidental death, as well as from claims for property damage, which
may arise from or which may concern operations by anyone directly or indirectly employed by,
connected with, or acting for or on behalf of Service Provider. The City, and its officers,
employees and agents, shall be named as additional insureds under the Service Provider's
insurance policies.
12.3.1 Service Provider's automobile liability policy shall cover both bodily injury and
property damage in an amount not less than $500,000 per occurrence and an aggregate limit of
not less than $1,000,000. All of Service Provider's automobile and/or commercial general
liability insurance policies shall cover all vehicles used in connection with Service Provider's
performance of this Agreement, which vehicles shall include, but are not limited to, Service
Provider owned vehicles, Service Provider leased vehicles, Service Provider's employee
�r vehicles, non-Service Provider owned vehicles and hired vehicles.
12.3.2 Prior to City's execution of this Agreement, copies of insurance policies or
original certificates and additional insured endorsements evidencing the coverage required by
this Agreement, for automobile liability insurance, shall be filed with the City and shall include
the City and its officers, employees and agents, as additional insureds. Said policies shall be in
the usual form of commercial general and automobile liability insurance policies, but shall
include the following provisions:
It is agreed that the City of Grand Terrace and its officers, employees and agents,
are added as additional insureds under this policy, solely for work done by and on
behalf of the named insured for the City of Grand Terrace.
12.4 Errors and Omissions Insurance. Prior to City's execution of this Agreement,
Service Provider shall obtain, and shall thereafter maintain during the term of this Agreement,
errors and omissions professional liability insurance in the minimum amount of $1,000,000 to
protect the City from claims resulting from the Service Provider's activities.
12.5 Subcontractors' Insurance. Service Provider shall require all of its subcontractors
to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may
Page 4 of 9
be caused by the subcontractors' scope of work and activities provided in furtherance of this
Agreement, including, but without limitation, the following coverages: Workers Compensation
(except for a sole proprietor), Commercial General Liability, and Automobile liability. Upon
City's request, Service Provider shall provide the City with satisfactory evidence that
Subcontractors have obtained insurance policies and coverages required by this section.
12.6 Certificate of Self-Insurance. In lieu of the foregoing policy(ies) of insurance,
Service Provider may file a Certificate of Self-insurance with City to satisfy the insurance
requirements under this Agreement.
13. Business Tax. Service Provider is a municipal government and exempt from the
City's Business Tax.
14. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
15. City's Right to Employ Other Service Providers. City reserves the right to
employ other Service Providers in connection with the Services .
16. Accounting Records. Service Provider shall maintain complete and accurate
records with respect to costs incurred under this Agreement. All such records shall be clearly
identifiable. Service Provider shall allow a representative of City during normal business hours
and upon reasonable notice to examine, audit, and make transcripts or copies of such records and
any other documents created pursuant to this Agreement. Service Provider shall allow inspection
of all work, data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other materials
either created by or provided to Service Provider in connection with the performance of this
Agreement shall be held confidential by Service Provider, except as otherwise directed by City's
Contract Administrator, or as provided by law. Nothing furnished to Service Provider which is
otherwise known to the Service Provider or is generally known, or has become known, to the
related industry shall be deemed confidential. Service Provider shall not use City's name or
insignia, photographs of the Services, or any publicity pertaining to the Services in any
magazine, trade paper, newspaper, television or radio production, website, or other similar
medium without the prior written consent of the City.
18. Ownership of Documents. All contracts and invoices prepared under this
Agreement by Service Provider shall be and remain the property of City upon City's
compensation to Service Provider for its services as herein provided. Service Provider shall not
release to others information furnished by City without prior express written approval of City
except as provided by law.
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19. Conflict of Interest. Service Provider warrants that if Service Provider has any real
property, business interests or income interests that will be affected by this project it will notify
.w City, or, alternatively, that Service Provider will file with the City an affidavit disclosing any
such interest.
20. Solicitation. Service Provider warrants that Service Provider has not employed or
retained any person or City to solicit or secure this Agreement, nor has it entered into any
agreement or understanding for a commission, percentage, brokerage, or contingent fee to be
paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate
this Agreement without liability and pay Service Provider only for the value of work Service
Provider has actually performed, or, in its sole discretion, to deduct from the Agreement price or
otherwise recover from Service Provider the full amount of such commission, percentage,
brokerage or commission fee. The remedies specified in this section shall be in addition to and
not in lieu of those remedies otherwise specified in this Agreement.
21. General Compliance with Laws. Service Provider shall keep fully informed of
federal, state and local laws and ordinances and regulations which in any manner affect those
employed by Service Provider, or in any way affect the performance of services by Service
Provider pursuant to this Agreement. Service Provider shall at all times observe and comply with
all such laws, ordinances and regulations, and shall be solely responsible for any failure to
comply with all applicable laws, ordinances and regulations.
22. Amendments. This Agreement may be modified or amended only by a written
Agreement and/or change order executed by the Service Provider and City.
23. Termination. City and the Service Provider, by notifying the other party in writing,
shall have the right to terminate any or all of Service Provider's services and work covered by
this Agreement at any time. In the event of such termination, Service Provider may submit
Service Provider's final written statement of the amount of Service Provider's services as of the
date of such termination based upon the ratio that the work completed beats to the total work
required to make the report complete, subject to the City's rights under Sections 15 and 24
hereof. In ascertaining the work actually rendered through the termination date, City shall
consider completed work, work in progress and complete and incomplete reports and other
documents only after delivered to City.
23.1 Other than as stated below, City and Service Provider shall provide the other party
thirty (30)days prior written notice prior to termination.
23.2 City may terminate this Agreement upon fifteen (15) days written notice to Service
Provider, in the event:
23.2.1 Service Provider substantially fails to perform or materially breaches the
Agreement; or
Page 6 of 9
23.2.2 City decides to abandon or postpone the Services.
24. Successors and Assigns. This Agreement shall be binding upon City and its
successors and assigns, and upon Service Provider and its permitted successors and assigns, and
shall not be assigned by Service Provider, either in whole or in part, except as otherwise
provided in paragraph 9 of this Agreement.
25. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the
parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall
be tried in a court of competent jurisdiction in the County of San Bernardino, State of California,
or, if applicable, the United States District Court, Central District of California, and the parties
hereby waive all provisions of law providing for a change of venue in such proceedings to any
other county. In the event either party hereto shall bring suit to enforce any term of this
Agreement or to recover any damages for and on account of the breach of any term or condition
of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all
costs thereof, including reasonable attorneys' fees, to be set by the court in such action.
26. Nondiscrimination. During Service Provider's performance of this Agreement,
Service Provider shall not discriminate on the grounds of race, religious creed, color, national
origin, ancestry, age, physical disability, mental disability, medical condition, including the
medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related
thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and
subcontractors and the procurement of materials and equipment, except as provided in Section
12940 of the California Government Code. Further, Service Provider agrees to conform to the
requirements of the Americans with Disabilities Act in the performance of this Agreement.
27. Severability. Each provision, term, condition, covenant and/or restriction, in whole
and in part, of this Agreement shall be considered severable. In the event any provision, term,
condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared
invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed
from this Agreement and shall not affect any other provision, term, condition, covenant and/or
restriction of this Agreement, and the remainder of the Agreement shall continue in full force and
effect.
28. Authority: The individuals executing this Agreement and the instruments referenced
herein on behalf of Service Provider each represent and warrant that they have the legal power,
right and actual authority to bind Service Provider to the terms and conditions hereof and thereof.
29. Entire Agreement: This Agreement constitutes the final, complete, and exclusive
statement of the terms of the agreement between the parties pertaining to the subject matter of
this Agreement, and supersedes all prior and contemporaneous understandings or agreements of
the parties. Neither party has been induced to enter into this Agreement by, and neither party is
relying on, any representation or warranty outside those expressly set forth in this Agreement.
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0..� Page 7 of 9
30. Interpretation. City and Service Provider acknowledge and agree that this
Agreement is the product of mutual arms-length negotiations and accordingly, the rule of
construction, which provides that the ambiguities in a document shall be construed against the
drafter of that document, shall have no application to the interpretation and enforcement of this
Agreement.
30.1 Titles and captions are for convenience of reference only and do not define,
describe or limit the scope or the intent of the Agreement or any of its terms. Reference to
section numbers are to sections in the Agreement unless expressly stated otherwise.
30.2 This Agreement shall be govemed by and construed in accordance with the laws
of the State of California in effect at the time of the execution of this Agreement.
30.3 In the event of a conflict between the body of this Agreement and Exhibit "1"
hereto, the terms contained in Exhibit"1" shall be controlling.
31. No Third Party Beneficiaries. The parties to this Agreement do not intend for
any third party to obtain a right by virtue of this Agreement.
32. Exhibits. The following exhibits attached hereto are incorporated herein to this
Agreement by this reference:
Exhibit "1"-Scope of Work, Schedule, and Fees
IN WITNESS WHEREOF City and Service Provider have caused this Agreement to be
duly executed the day and year first above written.
CITY OF GRAND TERRACE CITY OF SAN BERNARDINO
A Public Entity Service Provider
By: .0.7 By.
Ci y M ager City Manager
APPROVED AS TO FORM:tto APP VED AS TO FORM: - I
By' B • CY�U
City Arney- Gran City Attome -San Bernardino
Page 8 of 9
L..
EXHIBIT "l"
SCOPE OF SERVICES, SCHEDULE, AND FEES
Page 9 of 9
EXHIBIT 1
City of Grand Terrace
Scope of Services, Schedule and Fees
Animal Care and Control Program
1. City Ordinance
The City of San Bernardino ("San Bernardino") will provide a comprehensive animal care
and control program for the City of Grand Terrace ("Grand Terrace") under the
provisions of the Municipal Code of Grand Terrace which prescribes procedures and
standards for licensing, impounding, regulation and control of dogs, cats and other
domestic and wild animals. San Bernardino Animal Control Department and its officers
have the authority to enforce those codes relating to all matters of animal control
contained in the Municipal Code of Grand Terrace, including any codes contained in any
supplemental documents to Municipal Code of Grand Terrace related to zoning and
development code that also affect animals. Further, Grand Terrace will consult with San
Bernardino on any proposed new ordinance or ordinance change dealing with animal
control matters.
2. Term
The term of the Agreement shall be April 1, 2010 through April 1, 2013.
3. Consideration
Grand Terrace agrees to compensate San Bernardino $8,682.00 per month for services
and work products as defined in this exhibit for the period April 1, 2010 through April 1,
2013.
4. 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 Grand Terrace consisting of the following activities: field services, and
shelter services. In the conduct of this program, San Bernardino will perform the
following specific functions:
(a) Enforce all provisions of Grand Terrace City Ordinances pertaining to animals, to
include issuing warning notices or citations as necessary. San Bernardino may
also file citations directly with the Court. The City Attorney for Grand Terrace will
process any legal action and appear in court, as necessary, on animal related
cases.
(b) Impound all animals caught at large and collect all impound fees assessed.
(c) Remove dead animals from the public right-of-way, except state freeways.
(d) Respond to requests for assistance in the trapping and removal of domestic
animals from public or private property during normal operating hours. San
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Bernardino will offer advice in setting a trap in any enclosed space and will
remove wild animals (not including rodents or insects) caught in a trap or found
inside any human dwelling. Animal Control employees shall not be required to
maintain on-premise surveillance unless in the opinion of the Director of Animal
Control or designee there is a direct, clear and present danger to human life.
San Bernardino will provide traps for nuisance animals upon request.
(e) Investigate reported animal bites and quarantine, as prescribed by law, all biting
animals and animals suspected to be rabid. San Bernardino shall take
appropriate steps consistent with the circumstances of each separate incident to
locate and impound the suspect animal or animals and or assist the complainant
and or injured party or parties to trap the suspected animal or animals.
(f) Provide euthanasia services as required for animals held for the state-mandated
legal holding period if these animals are not reclaimed by their owners and are
deemed unsuitable or unavailable by San Bernardino for adoption. All
impounded animals will be scanned for microchips. Animals with identification,
licenses or microchips will be held up to ten (10) days and attempts will be made
to contact the owner.
(g) Respond to every call for service either by animal control officer, letter or phone,
except for excluded items.
(h) Cats: San Bernardino will not be required to respond to calls of cats running at
large, confined stray cats or trapped cats. Traps for the purpose of capturing
cats shall be made available to the residents of Grand Terrace. Unless
exceptional circumstances exist, residents of Grand Terrace shall be responsible
for obtaining, monitoring and returning all traps used for this purpose.
W All services available to San Bernardino residents for which there is a fee shall
be made available to Grand Terrace residents for the same fee.
Q) Grand Terrace residents may bring stray, un-owned animals to the San
Bernardino shelter at no charge to the resident.
5. Doa Licensing
Grand Terrace residents redeeming their dog(s) will be required to pay a license deposit
prior to the dog's release. All licensing deposits generated by Grand Terrace residents
will be accounted for in monthly accounting statements provided to Grand Terrace by
San Bernardino and remitted by San Bernardino to Grand Terrace on a monthly basis.
6. Animal Care Education and Information Program
San Bernardino will provide public educational/information programs to Grand Terrace
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.
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8. Staffing Level and Hours of Service
(a) Field Services
San Bernardino will provide routine field services for Grand Terrace Monday
through Friday between 8:00 a.m. and 5:00 p.m. A more limited service is
provided on Saturdays, Sundays and Holidays. Calls to be considered routine
and to be handled during the normal course of the officer's shift and include:
• Confined strays
• Dead animals
• Stray dogs running at large
• 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. Grand Terrace may contact animal control field personnel via emergency
pager, for after-hour service. A live after-hour answering service is available for
Grand Terrace residents.
(b) Shelter Hours and 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 twenty-four hours per
day.
(c) Emergency After-Hours Procedures:
The reporting party (RP) will contact the Grand Terrace Police/Fire Dispatch, or
the City of San Bernardino Animal Control. If the dispatcher deems the call an
emergency (see criteria below) the dispatcher will page the on-call animal control
officer (ACO). The ACO will contact Grand Terrace Dispatch; obtain the RP's
name and phone number and follow-up with the RP for additional information.
The dispatcher will advise the RP, to remain by a phone for contact by the ACO.
Unless requested by Grand Terrace, it will not be necessary for the ACO to notify
the dispatcher of the disposition of the call. If the emergency response is an
agency assist request by Grand Terrace Police/Fire, the ACO will automatically
respond.
San Bernardino will provide a monthly listing of on-call animal control personnel.
San Bernardino will provide personnel to train Grand Terrace dispatchers in on-
call procedures, as requested.
Criteria for Emergency Call-Out
Injured stray animals
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♦ Loose "aggressive" animals.
♦ Animal bites/attacks.
• Loose livestock if a threat to public safety
♦ Other dangerous or Poisonous animal situations posing public safety.
• Agency Assists for Fire, Police, Sheriff, etc.
Emergency Calls will be responded to within thirty (30) minutes of receipt by San
Bernardino when practicable. If the dispatcher determines that the call does not
meet emergency call-out criteria, the RP will be instructed to contact animal
control during regular business hours. San Bernardino personnel will not
respond on an emergency basis to loose animals, dead animals, wildlife,
confined strays and sick or injured animals.
9. Inspection
Designated personnel from Grand Terrace may, at any time during normal business
hours, inspect the office, shelter, vehicles and other facilities connected to servicing this
Agreement.
10. Reclaimed Animals
Animals reclaimed by their owners will be charged redemption fees in accordance with
City of San Bernardino resolutions and applicable state laws. San Bernardino will retain
such fees.
10. Exclusions
San Bernardino will not be required to:
• Conduct rabies vaccination and license clinics.
• Provide dog license canvassers.
• Administer and sell Grand Terrace dog licenses.
• Handle animal noise complaints.
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