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HomeMy WebLinkAbout2013-055 RESOLUTION NO. 2013-55 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 3 TO THE ANIMAL CONTROL AND HOUSING AGREEMENT BETWEEN THE 4 CITY OF SAN BERNARDINO AND THE CITY OF GRAND TERRACE 5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The City Manager is hereby authorized to execute on behalf of said 8 City Amendment No. 1 to the Animal Control and Housing Agreement for FY 2013/14 with 9 the City of Grand Terrace, a copy of which is attached hereto marked Exhibit A and 10 11 incorporated herein by reference as fully as though set forth at length. 12 SECTION 2. The authorization to execute the above referenced Amendment to the 13 Animal Control and Housing Agreement between the City of San Bernardino and the City of 14 Grand Terrace is rescinded if it is not fully executed within sixty (60) days of the passage of 15 this Resolution. 16 17 /// 18 /1/ 19 /// 20 /// 21 /// 22 23 /// 24 /// 25 /// 26 /// 27 /// 28 2013-55 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 2 TO THE ANIMAL CONTROL AND HOUSING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF GRAND TERRACE 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a jpint regular meeting 7 thereof, held on the 18th day of March , 2013, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ x 10 11 JENKINS x 12 VALDIVIA x 13 SHORETT x 14 KELLEY x 15 JOHNSON x 16 17 MCCAMMACK x 18 19 Geor ann Hanna, City Clerk 20 The foregoing resolution is hereby approved this cak 55' day of March , 2013. 21 22 • J. Morris, :yor 23 •f San Bernardino 24 Approved as to form: 25 JAMES F. PENMAN, City Attorney 26 4ryI By: QG � �, l 2 1.9.P 28 2013-55 Exhibit A AMENDMENT NO. 1 TO THE ANIMAL CONTROL AND HOUSING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF GRAND TERRACE THIS AMENDMENT ("Amendment") is made and entered into this18thday of March 2013, by and between the CITY OF GRAND TERRACE ("City"), a public entity, and the CITY OF SAN BERNARDINO ("Service Provider"), a public entity. WHEREAS,the City and the Service Provider entered into an Agreement for animal control and housing services ("Agreement") on or about April 1, 2010 as evidenced by Resolution 2010-62; and WHEREAS,the parties wish to extend the 2010 Agreement for a single year as provided in Section 2 of said Agreement; and WHEREAS, the parties wish to amend Sections 2 and 3 of the Agreement to read as follows: "2. TERM This Agreement shall remain in effect from its effective date (April 5, 2010) and continue until March 31, 2014. 3. Compensation/Payment Service Provider shall perform the Services under this Agreement for fees not to exceed $121,629 annually, payable monthly, 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." 2013-55 Exhibit A All other terms, provisions and conditions of the 2010 Agreement, to the extent not modified by this Amendment, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed the Agreement as set forth below. CITY OF GRAND TERRACE CITY OF SAN BERNARDINO A Public Entity Service Provider By: By: City Manager City Manager APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: City Attorney-Grand Terrace City Attorney-San Bernardino 2013-55 Exhibit A AMENDMENT NO. 1 TO THE ANIMAL CONTROL AND HOUSING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF GRAND TERRACE THIS AMENDMENT ("Amendment") is made and entered into thisl8thday of March 2013, by and between the CITY OF GRAND TERRACE ("City"), a public entity, and the CITY OF SAN BERNARDINO ("Service Provider"), a public entity. WHEREAS,the City and the Service Provider entered into an Agreement for animal control and housing services ("Agreement") on or about April 1, 2010 as evidenced by Resolution 2010-62; and WHEREAS,the parties wish to extend the 2010 Agreement for a single year as provided in Section 2 of said Agreement; and WHEREAS, the parties wish to amend Sections 2 and 3 of the Agreement to read as follows: "2. TERM This Agreement shall remain in effect from its effective date (April 5, 2010) and continue until March 31, 2014. 3. Compensation/Payment Service Provider shall perform the Services under this Agreement for fees not to exceed $121,629 annually, payable monthly, 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." 2013-55 Exhibit A All other terms, provisions and conditions of the 2010 Agreement, to the extent not modified by this Amendment, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed the Agreement as set forth below. CITY OF GRAND TERRACE CITY OF SAN BERNARDINO A Public Entity Service Provider By: r) By: il4Z City Manager City Manager APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: )-F.d City Attorney-Grand Terrace City Attorney-San Bernardino I POLICE DEPARTMENT ROBERT HANDY—CHIEF OF POLICE • P.O.Box 1559•San Bernardino•CA 92402-1559 c ► I \ O► 909.384.5742 ss San Beraar 1 Ino www.sbcity.org SM September 26,2013 Betsy Adams, City Manager City of uranu i'urraec 22795 Barton Road Grand Terrace, CA 92313 Re: Service Agreement/Shelter Improvement Fund Ms. Adams, Upon reviewing the agreements between the City of Grand Terrace and the City of San Bernardino for animal control services for fiscal years 2011/12, 2012/13, and 2013/14 1 discovered that the 15% earmarked for the Shelter Improvement Fund was not specifically identified. While this has no bearing on the fiscal year totals, it does have an effect as to the Fund's balance when reconciling the account. The original agreement became effective on April 5, 2010 and stated animal control services for the City of Grand Terrace would have an annual cost of $104,184 through the term of the agreement, which was April 1, 2010 through April 1, 2013. On March 18, 2013, the City of Grand Terrace elected to extend this agreement for one single year at an annual cost of$121,629. This extension is due to expire on March 31, 2014. Although factored in to the total annual cost, both agreements failed to identify that amount to be set aside annually for the Shelter Improvement Fund, which is a restricted account. Based on my calculations, the City of Grand Terrace contributed $15,628 for FY 2011/12 and FY 2012/13 towards the Fund. The Shelter Improvement Fund that was built into the extension for FY 2013/14 is $18,244. Again, these are not increases but merely identifying that the City of Grand Terrace has and is contributing to the Shelter Improvement Fund and what those amounts are. LEADERS IN SETTING THE STANDARD OF EXCELLENCE On behalf of Grand Terrace and as indicated in this correspondence, the amount stated in the contract includes a Shelter Improvement Fund, which was intended to be used specifically on shelter improvements. This letter is not intended to change any terms or conditions of the contract but to simply clarify the existing contract. If you are in concurrence, I ask that you execute this letter at the bottom and return the original to me. Very tr v yours, Ray and W. King POLICE CAPTAIN • Affirm: Betsy ams, Ci Manager