HomeMy WebLinkAbout09- Animal Control 0 Rl' I AL
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
From: Mike Brooks, Acting Director of Subject: Resolution of the Mayor and Common
Animal Control Council of the City of San Bernardino
authorizing the City Manager to execute Animal
Prepared By: Adam Raymond,Management Housing Agreements by and between the City of
Analyst II San Bernardino and the Cities of Fontana,
Colton, and City of Grand Terrace for the period
Dept: Animal Control of January 1,2010 through June 30,2011.
Date: October 26, 2009
M/CC Meeting Date: November 2, 2009
Synopsis of Previous Council Action:
August 20, 2007 — The Mayor and Common Council approved an Animal Control Services Agreement
with Fontana effective 07/07/2007 through 6/30/2010, and Animal Housing Agreements with the cities of
Colton,Fontana and Grand Terrace effective 7/01/2007 through 6/30/2010.
July 6, 2009—Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
the City Manager to execute Animal Housing Agreements by and between the City of San Bernardino and
the City of Fontana, the City of Colton, and the City of Grand Terrace for the period of 07/01/2009
through 12/31/2009,and to authorize the sale of one excess animal control vehicle to the City of Fontana.
Recommended Motion:
1) Adopt resolution.
2) Authorize the Director of Finance to amend the FY 2009/2010 Adopted Budget as outlined in
Attachment A to this staff report.
3) Authorize the Director of Human Resources to update the position resolution to
reflect the retention and restoration of the requested positions.
Signs re fir 'kS
Contact person: Sue Hoak,Animal Control Manager Phone: 1514
Supporting data attached: Staff Report,Resolution,
Agreements,Attachments Ward: All
FUNDING REQUIREMENTS: Revenue Contracts: Cities of Fontana, Colton,and
Grand Terrace
(See Attachment A to Staff Report) Expenditures: Various
Net General Fund Savings: $70.000 FY 2009/10
$203,195 FY 2010/11
Finance:
Council Notes: J�Csv Zaa9-3�3
Agenda Item No. (�
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CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
City Manager to execute Animal Housing Agreements by and between the City of San
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Bernardino and the Cities of Fontana, Colton, and Grand Terrace for the period of January 1,
2010 through June 30, 2011.
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Background:
The City of San Bernardino has been providing animal control field and housing services to the
City of Fontana and animal housing services to the cities Colton and Grand Terrace for over ten
years. Due to budget constraints and the overcrowding of animals at the shelter, these cities
were notified in February of 2009 that their contracts would be terminated effective June 30,
2009. In response, the cities requested that animal housing services be extended for six months
to allow them sufficient time to evaluate their options for obtaining an alternative provider. On
July 6th of this year, the Common Council approved the agreements extending this service to the
three contracting cities until December 31, 2009. The revenue associated with these three
agreements provided funding for some shelter improvements and allowed the City to continue to
fund four positions slated to be eliminated on June 30, 2009.
Since that time, all three cities have expressed interest in pursuing an Animal Shelter Joint
Powers Authority (JPA) arrangement with the City of San Bernardino. In order to allow time
for a JPA to be studied and brought back to the Mayor and Common Council for consideration,
staff is recommending the approval of new agreements with the three cities extending animal
housing services for eighteen months (January 1, 2010 through June 30, 2011). The cities have
agreed to additional fee increases that will allow for much needed improvements to the shelter
facilities and to pay for consultant services to study the JPA. Further, the increased revenue will
allow the City to retain the four positions and restore two positions.
In addition to the cities of Fontana, Colton, and Grand Terrace, staff will inquire with
surrounding cities as to their interest in participating in a JPA. Staff anticipates bringing a
professional services agreement for the JPA study to the Mayor and Common Council for the
approval by the end of this year. Staff is hopeful that a JPA would allow the City to build a
larger shelter facility, which would become an asset to the City and surrounding jurisdictions for
years to come.
Financial Impact:
To continue providing animal housing services to the three cities for an additional eighteen
months, Animal Control is requesting that the four positions extended in July 2009 be made
permanent (Animal Kennel Supervisor, Animal Shelter Attendant (2), and Senior Customer
Service Rep/Dispatcher) and that two positions be restored (Animal Control Officer and Senior
1 Customer Service Rep/Dispatcher) to the FY 2009/2010 Adopted Budget.
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REVENUE FY 2009/10 (housing and FY 2010/11 (housing and
improvement im rovements
Fontana $273,960 $547,920
Colton $ 91,308 $182,616
Grand Terrance $ 12,072 $ 249144
TOTAL REVENUE $3773340 $754,680
BUDGET FY 2009/10 FY 2010/11
Personnel $168,819 $3453985
Materials and supplies $ 27,500 $ 403000
Professional Services $ 60,500 $ 65,000
Alterations and Renovations $ 50,000 $100,000
Education and Training $ 500 $ 500
TOTAL EXPENSES $307,319 $5519 485
The net savings to the General Fund in FY 09/10 is $70,000 and the net savings to the General
Fund in 10/11 will be $203,195. The budget detail is provided in Attachment A.
Recommendations:
1. Adopt Resolution.
2. Authorize the Director of Finance to amend the FY 2009/2010 Adopted Budget as
outlined in Attachment A to this staff report.
3. Authorize the Director of Human Resources to update the position control resolution to
reflect the retention and restoration of the requested positions.
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Animal Control Attachment A
18-Month Animal Housing Extension - Financial Impact
FY 2009/2010: Second
Account Descriptions 6 months FY 2010/2011
001-000-4757 City of Fontana $ 273,960 $ 547,920
001-000-4757 City of Colton $ 91,308 $ 182,616
001-000-4757 1 City of Grand Terrace $ 12,072 $ 24,144
TOTAL REVENUE*1 $ 377,340 1 $ 754,680
*Note: Each Agreement between the City and member cities has a 15%Shelter Improvement Fee built into
the total monthly payment(approximately$100,000 per year). Accordingly,these revenues will be placed in
the Alterations and Renovations Account and will be used for shelter improvements.
FY 2009/2010: Second
Account Descriptions 6 months FY 2010/2011
124-231-0000 Personnel-Administrative $ 48,546 $ 101,144
124-232-0000 Personnel-Field $ 26,299 $ 55,228
124-233-0000 Personnel-Shelter $ 78,374 $ 164,613
124-231-5012 1 Special Salaries(Director) $ 15,600 $ 25,000
Total Personnel $ 168,819 $ 345,985
124-231-5111 Materials&Supplies-Admin $ 7,500 $ 7,500
124-232-5111 Materials&Supplies-Field $ 7,500 $ 7,500
124-233-5111 Materials&Supplies-Shelter $ 12,500 $ 25,000
Total Materials and Supplies $ 27,500 $ 40,000
124-231-5505 Professional Services-Admin $ 45,000 $ 45,000
124-232-5505 Professional Services-Field $ 10,000 $ 10,000
124-233-5505 Professional Services-Shelter $ 5,500 $ 10,000
Total Professional Services $ 60,500 $ 65,000
124-233-5706 Alt and Renovations-Shelter $ 50,000 $ 100,000
124-233-5133 Education and Training $ 500 $ 500
Total Other $ 50,500 $ 100,500
TOTAL EXPENSES $ 307,319 $ 551,485
FY 2009/2010: Second
6 months FY 2010/2011
NET SAVINGS/(LOSS) $ 70,021 $ 203,195
FY 2009/2010: Second
Job Title 6 months FY 2010/2011
Animal Kennel Supervisor $ 31,520 $ 66,276
Animal Shelter Attendant $ 23,427 $ 49,168
Animal Shelter Attendant $ 23,427 $ 49,168
Sr. Cus Svc Rep/Dispatcher $ 24,464 $ 50,572
Sr.Cus Svc Rep/Dispatcher $ 24,082 $ 50,572
Animal Control Officer $ 26,299 $ 55,228
Sub- Total $ 153,219 $ 320,985
Special Salaries(Director) 1 $ 15,600 $ 25,000
Grand Total 1 $ 168,819 $ 345,985
1 RESOLUTION NO. 2009-343 C (��J Py
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN
3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE ANIMAL
HOUSING AGREEMENTS BY AND BETWEEN THE CITY OF SAN BERNARDINO
4 AND THE CITIES OF FONTANA, COLTON AND GRAND TERRACE FOR THE
PERIOD OF JANUARY 1, 2010 THROUGH JUNE 30, 2011.
5
WHEREAS, in February of 2009, the City of San Bernardino notified the cities of
6
7 Fontana, Colton and Grand Terrace that it would terminate its Animal Control services and
8 Animal Housing Agreements effective June 30, 2009; and
9 WHEREAS, the cities of Fontana, Colton, and Grand Terrace requested extensions
10 until December 31, 2009 to allow time to evaluate their options; and
11 WHEREAS, in July 2009 the City of San Bernardino entered into six-month Animal
12
Housing Agreements with the cities of Fontana, Colton and Grand Terrace, effective June 30,
13
2009; and
14
15 WHEREAS, the cities of Fontana, Colton and Grand Terrace desire to extend the
16 animal housing services for an additional eighteen (18) months to allow time to study the
17 possibility of an Animal Housing Joint Powers Authority with the City of San Bernardino.
18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
19 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
20 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
21 and directed to execute on behalf of the City of San Bernardino, Service Agreements with the
22 cities of Fontana, Colton and Grand Terrace for animal housings services, copies of which are
23
attached hereto and incorporated herein, marked as Exhibit"A", "B", «, and C„
24
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25
26
27
28
1
2009-343
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE ANIMAL
1 HOUSING AGREEMENTS BY AND BETWEEN THE CITY OF SAN BERNARDINO
AND THE CITIES OF FONTANA, COLTON AND GRAND TERRACE FOR THE
2 PERIOD OF JANUARY 1, 2010 THROUGH JUNE 30,2011.
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
4 and Common Council of the City of San Bernardino at ai oint regular meeting thereof, held
5 on the 2nd day of November , 2009, by the following vote,to wit:
6
Council Members AYES NAYS ABSTAIN ABSENT
7
ESTRADA x
8
9 BAXTER x
x
10 BRINKER
11 SHORETT x
12 KELLEY x
13 JOHNSON x
14 x
MC CAMMACK
15
16
17
City Clerk
18
The foregoing resolution is hereby approved this day of November , 2009.
19
20
21 trick J��4omM
ayor
22 ity of San Bernardino
23
Approved as to form:
24 James F. Penman,
25
City Attorney
26 By:
27
a 28
2
EXHIBIT "A"
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON ANp THE CITY OF SAN BERNARDINO
THIS AGREEMENT ("Agreement") is made this2nd day of November 2009,
between the City of Fontana, a municipal corporation(hereinafter "Fontana") and the City of San
Bernardino, a municipal corporation (hereinafter "San Bernardino"). Fontana and San
Bernardino are herein referred to individually as a "Party" and collectively as the "Parties."
WHEREAS, Fontana desires to provide for its citizens an animal housing services
agreement; and
WHEREAS, San Bernardino has the knowledge, skills, resources, and experience that
qualify it to provide those animal housing services for Fontana;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS, AND CONDITIONS CONTAINED HEREIN, THE PARTIES
MUTUALLY AGREE THAT:
1. Scope of Services. San Bernardino will impound, care for and dispose of animals
delivered to the San Bernardino Animal Shelter by residents of, or official representatives
of, Fontana according to the provisions of this agreement.
2. Impounding and Disposal of Animals. San Bernardino shall, through its Animal Control
Department, accept, impound and dispose of dogs, cats or other animals, which are
delivered to the San Bernardino Animal Shelter by an agent, officer, employee or resident
of Fontana. San Bernardino shall, for and on behalf of Fontana, pursuant to applicable
laws, release to owner, adopt, humanely destroy, or otherwise dispose of all animals
received. No domesticated animal shall be disposed of without an attempt to notify the
owner, if the owner is known by San Bernardino. San Bernardino shall not provide for
emergency veterinary care. Fontana is responsible for transporting and seeking
appropriate emergency treatment for ill and/or injured animals.
3. Holding Periods. No dog, cat, or other domesticated animal shall be disposed of before
the time allotted for under state law. After the required holding period, the animal
becomes the property of San Bernardino and San Bernardino is authorized to dispose of
the animal in any manner permitted by law. Animals requested by Fontana to be held
longer than required by law, other than rabies quarantine, shall additionally be charged
the prevailing Daily Board Fee, as set by City of San Bernardino Resolution (such
instances shall include, but are not limited to: animals held as "evidence" in cruelty or
other court cases). Rabies quarantined animals will be held for a minimum of ten (10)
days following the date of the bite with no additional charge to Fontana.
4. Warranty of Lawful Apprehension. Fontana warrants to San Bernardino that all animals
impounded by its agents, employees or other authorized representatives have been
apprehended and impounded pursuant to existing laws.
1
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
5. Consideration.
a. Fontana shall pay to San Bernardino $39,704.00 per month for animal housing,
and a fifteen- percent surcharge of $5,956.00 per month for animal shelter
improvements, totaling $45,660.00 per month. San Bernardino shall present an
invoice on or before the tenth day of each month for the amount due. Fontana
shall pay said invoice within thirty (30) calendar days following receipt of
invoice.
b. Fontana 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 Fontana fails to pay San Bernardino within thirty (30) calendar days after the
invoice is submitted, Fontana agrees that San Bernardino shall have the right,
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 Fontana from the obligation to pay San Bernardino
for services rendered according to Section 5(a) above.
1. Fontana may withhold payment of any disputed sums until satisfaction of
a bona fide dispute with respect to such payment. Fontana must give
written notice to San Bernardino within ten (10) days following the date of
the disputed invoice if Fontana 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).
2. 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.
3. Before exercise of any other remedy, San Bernardino shall appeal, within
thirty (30) calendar days of Fontana's written notice of dispute, to the City
Manager (or his/her designee) of Fontana with respect to any disputed
SUMS.
4. The City Manager (or his/her designee) of Fontana 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.
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
5. 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.
6. Deputization. San Bernardino animal control officers, agents or employees are hereby
authorized to collect Fontana's apprehension, and related penalty fees at the Animal
Shelter, as directed by Fontana, for all animals received under this Agreement. San
Bernardino shall provide all animal impound records and release forms to Fontana as
requested.
7. Funds Collected by San Bernardino.
a. Apprehension Fees and related penalties collected by San Bernardino for Fontana
in connection with this Agreement shall be paid to Fontana on or before the
twentieth day of each month following collection.
b. Fees for adoption, micro-chipping, daily board, vaccination, euthanasia and
release shall be retained by San Bernardino.
C. Rabies vaccination deposits shall be refunded to the depositor upon presentation
of proof of vaccination.
d. San Bernardino shall provide monthly reports of animals accepted and
fees/penalties collected to Fontana, on or before the tenth day of every month
following acceptance/collection.
8. Fontana's Indemnification. Fontana agrees and promises to indemnify, defend, and hold
harmless San Bernardino, its officers, employees and agents, from and against any and all
actions, causes of action, claims, demands, lawsuits, costs and expenses, and liability for
damages to persons or property that may be asserted or claimed by any person, firm,
entity, corporation, political subdivision, or other organizations arising out of, or in
connection with, Fontana's performance of this Agreement, excluding such actions,
claims, demands, lawsuits and liability for damages to persons or property arising from
the negligence or willful misconduct of San Bernardino, its officers, employees or agents.
Said sums shall include, in the event of legal action, court costs, expenses of litigation,
and reasonable attorney's fees. The costs, salary, and expenses of the San Bernardino
City Attorney and members of his or her office in enforcing this Agreement on behalf of
San Bernardino shall be considered as "attorney's fees" for the purposes of this
paragraph.
9. San Bernardino's Indemnification. San Bernardino agrees and promises to indemnify,
defend, and hold harmless Fontana, its officers, employees and agents, from and against
any and all actions, causes of action, claims, demands, lawsuits, costs and expenses, and
liability for damages to persons or property that may be asserted or claimed by any
3
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
person, firm, entity, corporation, political subdivision, or other organizations arising out
of, or in connection with, San Bernardino's performance of this Agreement, excluding
such actions, claims, demands, lawsuits and liability for damages to persons or property
arising from the negligence or willful misconduct of Fontana, its officers, employees or
agents. Said sums shall include, in the event of legal action, court costs, expenses of
litigation, and reasonable attorney's fees. The costs, salary, and expenses of the Fontana
a City Attorney and members of his or her office in enforcing this Agreement on behalf of
San Bernardino shall be considered as "attorney's fees" for the purposes of this
paragraph.
10. Warranty. San Bernardino makes no express or implied warranties with respect to the
' Agreement.
11. Worker's Compensation Insurance. San Bernardino is permissibly self-insured under the
Worker's Compensation laws of the State of California and will provide worker's
compensation coverage for its employees and will ensure that the employees of any of its
subcontractors are covered by worker's compensation insurance in an amount and form to
meet all applicable requirements of the laws of the State of California. Fontana shall not
provide worker's compensation insurance for any San Bernardino employee, agent or
subcontractor operating under the terms of this Agreement under any circumstances
whatsoever. Furthermore, notwithstanding any other provision set forth herein, Fontana
shall not indemnify, defend or hold harmless San Bernardino, its officers, employees,
agents or subcontractors for worker's compensation claims.
12. Liability Insurance.
a. San Bernardino shall procure and maintain for the duration of this Agreement
commercial general liability insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance
of the work hereunder by San Bernardino, his agents, representatives, employees
or subcontractors. The cost of such insurance shall be borne by San Bernardino.
San Bernardino shall maintain general commercial liability or not less than One
Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury
and property damage, employees' liability insurance and automobile insurance.
Any deductibles or self-insured retention must be declared to the City and
reasonably approved by the Risk Manager. The self-insured commercial liability
and automobile liability are to contain the following provisions:
b. San Bernardino shall maintain a self-insured program of commercial general
liability to protect San Bernardino and Fontana, its officers, officials, employees,
agents and volunteers from liability arising out of activities performed by or on
behalf of San Bernardino, products and completed operations of San Bernardino;
premises owned, occurred or used by San Bernardino; including automobile
liability insurance on owned leased, hired or borrowed by San Bernardino. The
coverage shall contain no special limitations on the scope of protection afforded
to Fontana, its officers, officials, employees, agents or volunteers.
4
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
'
C. For any claims related to San Bernardino's insurance coverage San Bernardino's
coverage shall be primary insurance as respect to Fontana, its officers, employees,
agents and volunteers. Any insurance or self-insurance maintained by Fontana,
its officers, employees, agents and volunteers shall be excess of San Bernardino's
insurance and shall not contribute with it.
d. Any failure to comply with the reporting or other provisions of the policies
including breach of warranties shall not affect coverage provided Fontana, its
officers, officials, employees, agents or volunteers.
e. San Bernardino's self-insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
f. San Bernardino shall give Fontana thirty (30) days written notice in the event of
cancellation of the self-insured programs.
In lieu of the foregoing policy(ies) of insurance, San Bernardino may provide a
Certificate of Self-Insurance to Fontana.
13. 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 Fontana. Any attempt to do so without
said consent shall be null and void, and any assignee, sublessee, hypothecatee or
transferee shall acquire no right or interest by reason of such attempted assignment,
sublease, hypothecation or transfer.
14. 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.
15. Independent Contractor. San Bernardino is an independent contractor and not an
employee, nor shall any of San Bernardino's employees, agents or subcontractors
operating under this Agreement be an employee of Fontana.
16. Conflict of Interest.
a. San Bernardino or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose financial interests that may be materially affected by the work
performed under this Agreement, and (2) prohibits such persons from making or
participating in making decisions that will foreseeably financially affect such
interest.
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
b. San Bernardino shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for termination of the Agreement by
Fontana.
17. Term. The term of this Agreement shall be for eighteen (18) months, commencing on
January 1, 2010, and terminating on June 30, 2011.
This Agreement may be terminated by either party without cause upon 30 days written
notice. In the event of termination, San Bernardino shall be paid for the work performed
under this Agreement to the date of termination.
18. Invalidation. In the event any provision of this Agreement is held to be invalid and
unenforceable,the remaining provisions of this Agreement shall remain valid and binding
on the Parties thereto.
19. Notices. A notice required or desired to be given pursuant to this Agreement shall be
given in writing and sent by certified mail, return receipt requested, addressed as follows:
Fontana San Bernardino
Lieutenant, Animal Services Animal Control Manager
Fontana Police Department City of San Bernardino
17005 Upland Avenue 333 Chandler Place
Fontana, CA 92335 San Bernardino, CA 92408
(909) 854-8015 (909) 384-1304 Extension 1515
Any notice so given shall be considered served on the other Party three (3) days after the
date of mailing with all required postage pre-paid. The address for the notice may be
changed by giving written notice of such change pursuant to this paragraph.
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 shall be considered as
"attorney fees" for the purpose of this paragraph.
21. Entire Agreement. This contract constitutes the entire Agreement between Fontana and
San Bernardino and may be modified only by further written agreement between the
Parties through their respective authorized bodies.
22. Construction of Provisions and Titles. All titles or subtitles appearing in this Agreement
have been inserted for convenience and shall not be deemed to affect the meaning or
construction of any of the terms or provisions of such Agreement.
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Exhibit "A"
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
IN WITNESS WHEREOF, the Parties hereto have accepted, made and executed this Agreement
upon the terms, conditions and provisions above stated, on the day and year set forth above.
CITY OF FONTANA CITY OF SAN BERNARDINO
A Municipal Corporation A Municipal Corporation
By: By:
Kenneth R. Hunt, City Manager Charles E. McNeely, City Manager
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
City Attorney James F. Penman, City Attorney
7
EXHIBIT "B"
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
THIS AGREEMENT ("Agreement") is made this _ day of 2009,
between the City of Colton, a municipal corporation (hereinafter "Colton") and the City of San
Bernardino, a municipal corporation (hereinafter "San Bernardino"). Colton and San Bernardino
are herein referred to individually as a "Party" and collectively as the "Parties."
WHEREAS, Colton desires to provide for its citizens an animal housing services
agreement; and
WHEREAS, San Bernardino has the knowledge, skills, resources, and experience that
qualify it to provide those animal housing services for Colton;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS, AND CONDITIONS CONTAINED HEREIN, THE PARTIES
MUTUALLY AGREE THAT:
1. Scope of Services. San Bernardino will impound, care for and dispose of animals
delivered to the San Bernardino Animal Shelter by residents of, or official representatives
of, Colton according to the provisions of this agreement.
2. Impounding and Disposal of Animals. San Bernardino shall, through its Animal Control
Department, accept, impound and dispose of dogs, cats or other animals, which are
delivered to the San Bernardino Animal Shelter by an agent, officer, employee or resident
of Colton. San Bernardino shall, for and on behalf of Colton, pursuant to applicable
laws, release to owner, adopt, humanely destroy, or otherwise dispose of all animals
received. No domesticated animal shall be disposed of without an attempt to notify the
owner, if the owner is known by San Bernardino. San Bernardino shall not provide for
emergency veterinary care. Colton is responsible for transporting and seeking
appropriate emergency treatment for ill and/or injured animals.
3. Holding Periods. No dog, cat, or other domesticated animal shall be disposed of before
the time allotted for under state law. After the required holding period, the animal
becomes the property of San Bernardino and San Bernardino is authorized to dispose of
the animal in any manner permitted by law. Animals requested by Colton to be held
longer than required by law, other than rabies quarantine, shall additionally be charged
the prevailing Daily Board Fee, as set by City of San Bernardino Resolution (such
instances shall include, but are not limited to: animals held as "evidence" in cruelty or
other court cases). Rabies quarantined animals will be held for a minimum of ten (10)
days following the date of the bite with no additional charge to Colton.
4. Warranty of Lawful Apprehension. Colton warrants to San Bernardino that all animals
impounded by its agents, employees or other authorized representatives have been
apprehended and impounded pursuant to existing laws.
I
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
5. Consideration.
a. Colton shall pay to San Bernardino $13,233.00 for animal housing, and a fifteen-
percent surcharge of $1,985.00 for animal shelter improvements, totaling
$15,218.00 per month. San Bernardino shall present an invoice on or before the
tenth day of each month for the amount due. Colton shall pay said invoice not
later than the last day of the month in which billed.
b. Colton 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 Colton fails to pay San Bernardino within thirty (30) calendar days after the
invoice is submitted, Colton agrees that San Bernardino shall have the right,
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 Colton from the obligation to pay San Bernardino for
services rendered according to Section 5(a) above.
1. Colton may withhold payment of any disputed sums until satisfaction of a
bona fide dispute with respect to such payment. Colton must give written
notice to San Bernardino within ten (10) days following the date of the
disputed invoice if Colton 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).
2. 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.
3. Before exercise of any other remedy, San Bernardino shall appeal, within
thirty (30) calendar days of Colton's written notice of dispute, to the City
Manager (or his/her designee) of Colton with respect to any disputed
SUMS.
4. The City Manager (or his/her designee) of Colton 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.
2
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
5. 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.
r 6. Deputization. San Bernardino animal control officers, agents or employees are hereby
authorized to collect Colton's apprehension, and related penalty fees at the Animal
Shelter, as directed by Colton, for all animals received under this Agreement. San
Bernardino shall provide all animal impound records and release forms to Colton as
requested.
7. Funds Collected by San Bernardino.
' a. Apprehension Fees and related penalties collected by San Bernardino for Colton
in connection with this Agreement shall be paid to Colton on or before the
j twentieth day of each month following collection.
b. Fees for adoption, micro-chipping, daily board, vaccination, euthanasia and
release shall be retained by San Bernardino.
C. Rabies vaccination deposits shall be refunded to the depositor upon presentation
of proof of vaccination.
f
i
d. San Bernardino shall provide monthly reports of animals accepted and
fees/penalties collected to Colton, on or before the tenth day of every month
following acceptance/collection.
8. Colton's Indemnification. Colton agrees and promises to indemnify, defend, and hold
harmless San Bernardino, its officers, employees and agents, from and against any and all
actions, causes of action, claims, demands, lawsuits, costs and expenses, and liability for
damages to persons or property that may be asserted or claimed by any person, firm,
entity, corporation, political subdivision, or other organizations arising out of, or in
connection with, Colton's performance of this Agreement, excluding such actions,
claims, demands, lawsuits and liability for damages to persons or property arising from
the negligence or willful misconduct of San Bernardino, its officers, employees or agents.
Said sums shall include, in the event of legal action, court costs, expenses of litigation,
and reasonable attorney's fees. The costs, salary, and expenses of the San Bernardino
City Attorney and members of his or her office in enforcing this Agreement on behalf of
San Bernardino shall be considered as "attorney's fees" for the purposes of this
paragraph.
9. San Bernardino's Indemnification. San Bernardino agrees and promises to indemnify,
defend, and hold harmless Colton, its officers, employees and agents, from and against
any and all actions, causes of action, claims, demands, lawsuits, costs and expenses, and
} 3
t
7
'j
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
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, San Bernardino's performance of this Agreement, excluding
such actions, claims, demands, lawsuits and liability for damages to persons or property
arising from the negligence or willful misconduct of Colton, its officers, employees or
agents. Said sums shall include, in the event of legal action, court costs, expenses of
litigation, and reasonable attorney's fees. The costs, salary, and expenses of the Colton
City Attorney and members of his or her office in enforcing this Agreement on behalf of
San Bernardino shall be considered as "attorney's fees" for the purposes of this
paragraph.
10. Warranty. San Bernardino makes no express or implied warranties with respect to the
Agreement.
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. Colton shall not
provide worker's compensation insurance for any San Bernardino employee, agent or
subcontractor operating under the terms of this Agreement under any circumstances
whatsoever. Furthermore, notwithstanding any other provision set forth herein, Colton
shall not indemnify, defend or hold harmless San Bernardino, its officers, employees,
agents or subcontractors for worker's compensation claims.
12. Liability Insurance.
a. San Bernardino shall procure and maintain for the duration of this Agreement
commercial general liability insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance
of the work hereunder by San Bernardino, his agents, representatives, employees
or subcontractors. The cost of such insurance shall be borne by San Bernardino.
San Bernardino shall maintain general commercial liability or not less than One
Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury
and property damage, employees' liability insurance and automobile insurance.
Any deductibles or self-insured retention must be declared to the City and
reasonably approved by the Risk Manager. The self-insured commercial liability
and automobile liability are to contain the following provisions:
b. San Bernardino shall maintain a self-insured program of commercial general
liability to protect San Bernardino and Colton, its officers, officials, employees,
agents and volunteers from liability arising out of activities performed by or on
behalf of San Bernardino, products and completed operations of San Bernardino;
premises owned, occurred or used by San Bernardino; including automobile
liability insurance on owned leased, hired or borrowed by San Bernardino. The
4
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
coverage shall contain no special limitations on the scope of protection afforded
to Colton, its officers, officials, employees, agents or volunteers.
C. For any claims related to San Bernardino's insurance coverage San Bernardino's
coverage shall be primary insurance as respect to Colton, its officers, employees,
agents and volunteers. Any insurance or self-insurance maintained by Colton, its
officers, employees, agents and volunteers shall be excess of San Bernardino's
insurance and shall not contribute with it.
d. Any failure to comply with the reporting or other provisions of the policies
including breach of warranties shall not affect coverage provided Colton, its
officers, officials, employees, agents or volunteers.
e. San Bernardino's self-insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
f. San Bernardino shall give Colton thirty (30) days written notice in the event of
cancellation of the self-insured programs.
In lieu of the foregoing policy(ies) of insurance, San Bernardino may provide a
Certificate of Self-Insurance to Colton.
13. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or
transfer this Agreement or any interest therein directly or indirectly, by operation of law
or otherwise without the prior written consent of Colton. Any attempt to do so without
said consent shall be null and void, and any assignee, sublessee, hypothecatee or
transferee shall acquire no right or interest by reason of such attempted assignment,
sublease, hypothecation or transfer.
14. 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.
15. Independent Contractor. San Bernardino is an independent contractor and not an
employee, nor shall any of San Bernardino's employees, agents or subcontractors
operating under this Agreement be an employee of Colton.
16. Conflict of Interest.
a. San Bernardino or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose financial interests that may be materially affected by the work
performed under this Agreement, and (2) prohibits such persons from making or
5
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
participating in making decisions that will foreseeably financially affect such
interest.
b. San Bernardino shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for termination of the Agreement by
Colton.
17. Term. The term of this Agreement shall be for eighteen (18) months, commencing on
January 1, 2010, and terminating on June 30, 2011.
This Agreement may be terminated by either party without cause upon 30 days written
notice. In the event of termination, San Bernardino shall be paid for the work performed
under this Agreement to the date of termination.
18. Invalidation. In the event any provision of this Agreement is held to be invalid and
unenforceable, the remaining provisions of this Agreement shall remain valid and binding
on the Parties thereto.
19. Notices. A notice required or desired to be given pursuant to this Agreement shall be
given in writing and sent by certified mail, return receipt requested, addressed as follows:
Colton San Bernardino
Lt Bill Burrows Animal Control Manager
City of Colton Police Department City of San Bernardino
650 N. La Cadena Dr. 333 Chandler Place
Colton, CA 92324 San Bernardino, CA 92408
(909) 357-9957 (909) 384-1304 Extension 1515
Any notice so given shall be considered served on the other Party three (3) days after the
date of mailing with all required postage pre-paid. The address for the notice may be
changed by giving written notice of such change pursuant to this paragraph.
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 shall be considered as
"attorney fees" for the purpose of this paragraph.
21. Entire Agreement. This contract constitutes the entire Agreement between Colton and
San Bernardino and may be modified only by further written agreement between the
Parties through their respective authorized bodies.
22. Construction of Provisions and Titles. All titles or subtitles appearing in this Agreement
have been inserted for convenience and shall not be deemed to affect the meaning or
construction of any of the terms or provisions of such Agreement.
6
Exhibit `B"
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
COLTON AND THE CITY OF SAN BERNARDINO
IN WITNESS WHEREOF, the Parties hereto have accepted, made and executed this Agreement
upon the terms, conditions and provisions above stated, on the day and year set forth above.
CITY OF COLTON CITY OF SAN BERNARDINO
A Municipal Corporation A Municipal Corporation
By: By:
Kelly J. Chastain, Mayor Charles E. McNeely, City Manager
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
City Attorney James F. Penman, City Attorney
7
EXHIBIT "C"
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
GRAND TERRACE AND THE CITY OF SAN BERNARDINO
THIS AGREEMENT ("Agreement") is made this _ day of 2009,
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 its citizens an animal housing services
agreement; and
WHEREAS, San Bernardino has the knowledge, skills, resources, and experience that
qualify it to provide those animal housing services for Grand Terrace;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS, AND CONDITIONS CONTAINED HEREIN, THE PARTIES
MUTUALLY AGREE THAT:
1. Scope of Services. San Bernardino will impound, care for and dispose of animals
delivered to the San Bernardino Animal Shelter by residents of, or official representatives
of, Grand Terrace according to the provisions of this agreement.
2. Impounding and Disposal of Animals. San Bernardino shall, through its Animal Control
Department, accept, impound and dispose of dogs, cats or other animals, which are
delivered to the San Bernardino Animal Shelter by an agent, officer, employee or resident
of Grand Terrace. San Bernardino shall, for and on behalf of Grand Terrace, pursuant to
applicable laws, release to owner, adopt, humanely destroy, or otherwise dispose of all
animals received. No domesticated animal shall be disposed of without an attempt to
notify the owner, if the owner is known by San Bernardino. San Bernardino shall not
provide for emergency veterinary care. Grand Terrace is responsible for transporting
and seeking appropriate emergency treatment for ill and/or injured animals.
3. Holdinp, Periods. No dog, cat, or other domesticated animal shall be disposed of before
the time allotted for under state law. After the required holding period, the animal
becomes the property of San Bernardino and San Bernardino is authorized to dispose of
the animal in any manner permitted by law. Animals requested by Grand Terrace to be
held longer than required by law, other than rabies quarantine, shall additionally be
charged the prevailing Daily Board Fee, as set by City of San Bernardino Resolution
(such instances shall include, but are not limited to: animals held as "evidence" in cruelty
or other court cases). Rabies quarantined animals will be held for a minimum of ten (10)
days following the date of the bite with no additional charge to Grand Terrace.
4. Warranty of Lawful Apprehension. Grand Terrace warrants to San Bernardino that all
animals impounded by its agents, employees or other authorized representatives have
been apprehended and impounded pursuant to existing laws.
1
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
GRAND TERRACE AND THE CITY OF SAN BERNARDINO
5. Consideration.
a. Grand Terrace shall pay to San Bernardino $1,750.00 for animal housing, and a
fifteen-percent surcharge of$262.00 for shelter improvements, totaling $2,012.00
per month. San Bernardino shall present an invoice on or before the tenth day of
each month for the amount due. Grand Terrace shall pay said invoice not later
than the last day of the month in which billed.
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 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.
1. 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).
2. 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.
3. 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.
4. 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.
2
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
GRAND TERRACE AND THE CITY OF SAN BERNARDINO
5. 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.
6. Deputization. San Bernardino animal control officers, agents or employees are hereby
authorized to collect Grand Terrace's apprehension, and related penalty fees at the
Animal Shelter, as directed by Grand Terrace, for all animals received under this
Agreement. San Bernardino shall provide all animal impound records and release forms
to Grand Terrace as requested.
7. Funds Collected by San Bernardino.
a. Apprehension Fees and related penalties collected by San Bernardino for Grand
Terrace in connection with this Agreement shall be paid to Grand Terrace on or
before the twentieth day of each month following collection.
b. Fees for adoption, micro-chipping, daily board, vaccination, euthanasia and
release shall be retained by San Bernardino.
C. Rabies vaccination deposits shall be refunded to the depositor upon presentation
of proof of vaccination.
d. San Bernardino shall provide monthly reports of animals accepted and
fees/penalties collected to Grand Terrace, on or before the tenth day of every
month following acceptance/collection.
8. Grand Terrace's Indemnification. Grand Terrace agrees and promises to indemnify,
defend, and hold harmless San Bernardino, its officers, employees and agents, from and
against any and all actions, causes of action, claims, demands, lawsuits, costs and
expenses, and liability for damages to persons or property that may be asserted or
claimed by any person, firm, entity, corporation, political subdivision, or other
organizations arising out of, or in connection with, Grand Terrace's performance of this
Agreement, excluding such actions, claims, demands, lawsuits and liability for damages
to persons or property arising from the negligence or willful misconduct of San
Bernardino, its officers, employees or agents. Said sums shall include, in the event of
legal action, court costs, expenses of litigation, and reasonable attorney's fees. The costs,
salary, and expenses of the San Bernardino City Attorney and members of his or her
office in enforcing this Agreement on behalf of San Bernardino shall be considered as
"attorney's fees" for the purposes of this paragraph.
9. San Bernardino's Indemnification. San Bernardino agrees and promises to indemnify,
defend, and hold harmless Grand Terrace, its officers, employees and agents, from and
against any and all actions, causes of action, claims, demands, lawsuits, costs and
expenses, and liability for damages to persons or property that may be asserted or
3
:a
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
GRAND TERRACE AND THE CITY OF SAN BERNARDINO
claimed by any person, firm, entity, corporation, political subdivision, or other
organizations arising out of, or in connection with, San Bernardino's performance of this
Agreement, excluding such actions, claims, demands, lawsuits and liability for damages
to persons or property arising from the negligence or willful misconduct of 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 the Grand Terrace City Attorney and members of his or her office
j in enforcing this Agreement on behalf of San Bernardino shall be considered as
"attorney's fees" for the purposes of this paragraph.
10. Warranty. San Bernardino makes no express or implied warranties with respect to the
Agreement.
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
3 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 operating under the terms of this Agreement 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. Liability Insurance.
a. San Bernardino shall procure and maintain for the duration of this Agreement
commercial general liability insurance against claims for injuries to persons or
± damages to property which may arise from or in connection with the performance
of the work hereunder by San Bernardino, his agents, representatives, employees
or subcontractors. The cost of such insurance shall be borne by San Bernardino.
San Bernardino shall maintain general commercial liability or not less than One
Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury
and property damage, employees' liability insurance and automobile insurance.
Any deductibles or self-insured retention must be declared to the City and
reasonably approved by the Risk Manager. The self-insured commercial liability
and automobile liability are to contain the following provisions:
b. San Bernardino shall maintain a self-insured program of commercial general
liability to protect San Bernardino and Grand Terrace, its officers, officials,
' employees, agents and volunteers from liability arising out of activities performed
by or on behalf of San Bernardino, products and completed operations of San
Bernardino; premises owned, occurred or used by San Bernardino; including
automobile liability insurance on owned leased, hired or borrowed by San
Bernardino. The coverage shall contain no special limitations on the scope of
3
4
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
GRAND TERRACE AND THE CITY OF SAN BERNARDINO
protection afforded to Grand Terrace, its officers, officials, employees, agents or
volunteers.
C. For any claims related to San Bernardino's insurance coverage San Bernardino's
coverage shall be primary insurance as respect to Grand Terrace, its officers,
employees, agents and volunteers. Any insurance or self-insurance maintained by
' Grand Terrace, its officers, employees, agents and volunteers shall be excess of
San Bernardino's insurance and shall not contribute with it.
{ d. Any failure to comply with the reporting or other provisions of the policies
including breach of warranties shall not affect coverage provided Grand Terrace,
its officers, officials, employees, agents or volunteers.
e. San Bernardino's self-insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
1 insurer's liability.
f. San Bernardino shall give Grand Terrace thirty (30) days written notice in the
event of cancellation of the self-insured programs.
In lieu of the foregoing policy(ies) of insurance, San Bernardino may provide a
Certificate of Self-Insurance to Grand Terrace.
13. 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.
14. 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.
15. Independent Contractor. San Bernardino is an independent contractor and not an
employee, nor shall any of San Bernardino's employees, agents or subcontractors
operating under this Agreement be an employee of Grand Terrace.
16. Conflict of Interest.
a. San Bernardino or its employees may be subject to the provisions of the
' California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose financial interests that may be materially affected by the work
performed under this Agreement, and (2) prohibits such persons from making or
participating in making decisions that will foreseeably financially affect such
interest.
5
Y
3
{{qqi
1
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
GRAND TERRACE AND THE CITY OF SAN BERNARDINO
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.
17. Term. The term of this Agreement shall be for eighteen (18) months, commencing on
January 1, 2010, and terminating on June 30, 2011.
This Agreement may be terminated by either party without cause upon 30 days written
notice. In the event of termination, San Bernardino shall be paid for the work performed
under this Agreement to the date of termination.
18. Invalidation. In the event any provision of this Agreement is held to be invalid and
unenforceable,the remaining provisions of this Agreement shall remain valid and binding
on the Parties thereto.
19. 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
Bernie Simon Animal Control Manager
City of Grand Terrace City of San Bernardino
22795 Barton Road 333 Chandler Place
Grand Terrace, CA 92313 San Bernardino, CA 92408
(909) 430-2226 (909) 384-1304 Extension 1515
Any notice so given shall be considered served on the other Party three (3) days after the
date of mailing with all required postage pre-paid. The address for the notice may be
changed by giving written notice of such change pursuant to this paragraph.
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 shall be considered as
"attorney fees" for the purpose of this paragraph.
21. Entire Agreement. This contract constitutes the entire Agreement between Grand Terrace
and San Bernardino and may be modified only by further written agreement between the
Parties through their respective authorized bodies.
22. Construction of Provisions and Titles. All titles or subtitles appearing in this Agreement
have been inserted for convenience and shall not be deemed to affect the meaning or
construction of any of the terms or provisions of such Agreement.
6
Exhibit "C"
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF
GRAND TERRACE AND THE CITY OF SAN BERNARDINO
IN WITNESS WHEREOF, the Parties hereto have accepted, made and executed this Agreement
upon the terms, conditions and provisions above stated, on the day and year set forth above.
CITY OF GRAND TERRACE CITY OF SAN BERNARDINO
A Municipal Corporation A Municipal Corporation
By: By:
Bernie Simon, Acting City Manager Charles E. McNeely, City Manger
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
City Attorney James F. Penman, City Attorney
7
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
DATE: November 9, 2009
TO: Sue Hoak, Animal Control Manager
FROM: Margaret Fedor, Executive Assistant to the City Clerk M
RE: Transmitting Documents for Signature—Resolution No. 2009-343
At the Mayor and Common Council meeting of November 2, 2009, the City of San Bernardino
adopted Resolution No. 2009-343 —Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City Manager to execute Animal Housing Agreements by and
between the City of San Bernardino and the Cities of Fontana, Colton and Grand Terrace for the
period of January 1, 2010 through June 30, 2011.
Attached are three (3) original "Animal Housing Services Agreements" and six (6) duplicate,
originals of the agreements to be executed by the parties. Please obtain signatures in the
appropriate locations and return the ORIGINAL agreements to Margaret Fedor in the City
Clerk's Office as soon as possible. Please retain one (1) duplicate original of each agreement for
your records and forward one (1) duplicate original to the appropriate parties.
Thank you.
I hereby acknowledge receipt of the above mentioned documents.
Signed: `^
// Please sign and return
Date:
LS/mf
ANIMAL CONTROL DEPARTMENT
333 Chandler Place•San Bernardino,CA 92408-2097
909.384.1304
Fax: (909)384.5483
www.sbcityanimd.org
San Bernar ino 3-mail: animalcomplaints @sbcity.org
SM
November 17, 2009
Lt. Bill Burrows
650 N. La Cadena Dr.
Colton, Ca. 92324
Dear Lt. Burrows,
At the Mayor and Common Council meeting of November 2, 2009,the City of San
Bernardino adopted Resolution No. 2009-343 -Resolution of the Mayor and Common
Council of the City of San Bernardino, authorizing the City Manager to execute Animal
Housing Agreements by and between the City of San Bernardino and the City of Fontana
for the period January 1, 2010 through June 30,2011.
Attached are one (1) original agreement and two (2) duplicate originals of each of the
agreements to be executed. Please obtain signatures and return the ORIGINAL
agreements to Sue Hoak,Animal Control Manager as soon as possible. Please retain
one (1) duplicate original of the agreement for your records.
Thank you,
Susan M. Hoak
Animal Control Manager
4F'RNA �'�ij
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V Al
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D IN
INTER OFFICE MEMORANDUM
OFFICE OF THE CITY ATTORNEY
CITY OF SAN BERNARDINO
TO: Rachel Clark, City Clerk
FROM: Richard D. Luczak, Deputy City Attorney
DATE: April 28, 2010
RE: Animal Housing Services Agreement(Reso. 2009-343)
The included memo explains the nature of this document. Apparently the City's original was
lost,but Fontana properly executed and provided their copy to the City. Please sign where
indicated and return to Animal Control. Thank you. If you have further questions, please
contact Sue Hoak at extension 1515.
M ..
F:\LUCZAK\ANIMAL CONTROL\Memo to Rachel Clark re agreement.wpd
CITY OF SAN BERNARDINO
INTER-OFFICE MEMORANDUM
TO: John F. Wilson, Sr. Assistant City Attorney
FROM: Richard D. Luczak, Deputy City Attorney
DATE: April 27, 2010
RE: Animal Housing_Services Agreement(Reso. 2009-343)
As you may recall,the City authorized an animal housing services agreement with the
City of Fontana in November 2009. During that time, I am informed by Sue Hoak, manager
of the Animal Control Department, an interim director of animal control was appointed. Ms.
Hoak believes this person may have misplaced the original signed animal control agreements.
Ms. Hoak obtained a copy of the agreement from Fontana. I have compared the signed copy
of the agreement from Fontana and it appears to be an exact copy of the original agreement.
Fontana provided its signed copy within the 60 daytime period required under the reso.At this
time, all parties to the agreement desire our department to re-sign this copy so that the
agreement may be finalized.
F:\LUCZAK\ANIMAL CONTROL\mem to jfw re fontana agreement.wpd