HomeMy WebLinkAbout05.N- Police RESOLUTION (ID #2941) DOC ID: 2941 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Jarrod Burguan M/CC Meeting Date: 03/03/2014
Prepared by: Debi Shuker, (909) 384-5742
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of Amendment No. 2 to the Animal Control and Housing Agreement Between the
City of San Bernardino and the City of Grand Terrace. (#2941)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Increase the Animal Control FY 13/14 revenue budget by$30,407.25.
Contract Shelter Fee account number 124-210-4757.
Account Description: <<Insert Account Description
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
April 5, 2010 Resolution No. 2010-62 authorizing the City Manager to execute an Animal
Control and Housing Agreement between the City of San Bernardino and the City
of Grand Terrace adopted.
Background:
The City of San Bernardino has provided a comprehensive animal care and control program for
the City of 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. The 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.
The City of Grand Terrace is requesting a three-month extension to the existing Agreement,
under Resolution 2010-62, which is due to expire on April 1, 2014. Since the original resolution
was approved in 2010, costs have increased by approximately 30 percent. Costs that have
increased include: vaccinations, euthanasia solution, dead animal disposal, and utilities. The
City of Grand Terrace is aware of the cost increases and would like to move forward with the
extension.
Updated:2/25/2014 by Georgeann"Gigi"Hanna A Packet Pg.202
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2941
The City of Grand Terrace agrees to compensate the City of San Bernardino based on the
previous annual agreement amount of$121,629 or $10,135.75 per month during the agreement
extension period. The 15% Shelter Improvement set aside will also continue.
City Attorney Review:
Supporting Documents:
reso 2941 (PDF)
agrmt 2941 (PDF)
Grand Terrace Resolution 2010-62 (PDF)
Grand Terrace Agreement 2315 (PDF)
Grand Terrace 2013-055 (PDF)
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Updated:2/25/2014 by Georgeann"Gigi"Hanna A Packet Pg. 203
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2
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:
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7 SECTION 1. The City Manager is hereby authorized to execute on behalf of said
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City Amendment No. 2 to the Animal Control and Housing Agreement for FY 2013/14 with c
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10 the City of Grand Terrace, a copy of which is attached hereto marked Exhibit "A" and
11 incorporated herein by reference as fully as though set forth at length.
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12 SECTION 2. The authorization to execute the above referenced Amendment to the
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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 with sixty (60) days of the passage of this L
IS Resolution.
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Packet Pg.204
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2
2 TO THE ANIMAL CONTROL AND HOUSING AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND THE CITY OF GRAND TERRACE
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting
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7 thereof,held on the day of ,2014, by the following vote,to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT N
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9 MARQUEZ
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BARRIOS
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13 SHORETT
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15 JOHNSON
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MULVIHILL
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19 Georgeann Hanna, City Clerk
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20 The foregoing resolution is hereby approved this day of , 2014.
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22 R. Carey Davis,Mayor
23 City of San Bernardino
24 Approved as to form:
25 Gary Saenz,
City Attorney
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By.
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Packet Pg. 205
Exhibit A
AMENDMENT NO. 2 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 this day of
2014, by and between the CITY OF GRAND TERRACE ("City"), a public entity, and the CITY
OF SAN BERNARDINO ("Service Provider"),a public entity.
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WHEREAS,the City and the Service Provider entered into an Agreement for animal d
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control and housing services ("Agreement") on or about April 1, 2010, as evidenced by
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Resolution 2010-62; and
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WHEREAS,the parties wish to amend Sections 2 and 3 of the Agreement to read as
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112. TERM c�
This Agreement shall remain in effect from its effective date (April 5,2010) and continue until N
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June 30, 2014.
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3. COMPENSATION/PAYMENT
Service Provider shall perform the Services under this Agreement for fees not to exceed s
$121,629.00 annually, (prorated of$10,135.75/month with 15% of that amount being placed in a
the Shelter Improvement account)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."
PacketyPg 206
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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
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City Manager City Manager a
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APPROVED AS TO FORM APPROVED AS TO FORM: CD
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City Attorney-Grand Terrace (City Atto mey-San Bernardino ='
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1 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. N
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7 WHEREAS, on November 2, 2009 the City of San Bernardino entered into an eighteer
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month Animal Housing Agreement with the City of Grand Terrace, effective January 1, 2010; ane a
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10 WHEREAS, the City of Grand Terrace notified the City in January 2010 they would be
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11 going out to bid for animal control and animal housing services; and =
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WHEREAS,the City of San Bernardino was the lowest qualified bidder; and
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WHEREAS,upon the approval of an Animal Control and Housing Agreement,the previous
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15 Animal Housing Agreement for the City of Grand Terrace adopted per Resolution 2009-343 wil c
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16 become null and void.
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17 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
18 OF SAN BERNARDINO AS FOLLOWS:
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19 SECTION 1. The City Manager of the City of San Bernardino is hereby authorize.
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and directed to execute on behalf of the City, an Agreement with the City of Grand Terrace fo
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2 2 animal control and housing services, a copy of which are attached hereto and incorporated herein E
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23 marked as Exhibit"A." w
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24 SECTION 2. The implementation date of the Agreement is April 1, 2010; therefore, an,
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action taken between April 1, 2010 and the date that this Resolution is adopted is hereby ratified.
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27 SECTION 3. The Director of Finance is authorized to amend the FY 2009/2010 Adopter
28 Budget as outlined in Exhibit"A."
P:\LUC7_A1C\ANIMAL CONTROL\GT Resolution 2010.wpd
1 Packet Pg.208
2010-62
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAP
2 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANIMAI
CONTROL AND HOUSING AGREEMENT BY THE BETWEEN THE CITY OF SAP
3 BERNARDINO AND THE CITY OF GRAND TERRACE FOR THE PERIOD OF APRII
1,2010 THROUGH APRIL 1,2013 AND RATIFYING ANY ACTION TAKEN BETWEEP
4 APRIL 1,2010 AND THE DATE OF THIS RESOLUTION.
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6 SECTION 4.The Director of Human Resources is authorized to update the position contro z6
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7 resolution,Resolution 97-244,to reflect the addition of one Animal Control Officer. E
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SECTION 5. Approval void if not signed by the parties within 90 days of the effective do a
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PALUCZAMANIMAL CON7'ROLIGT Resolution 2010.wpd
2 Packet Pg.209.
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.
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and o
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Common Council of the City of San Bernardino at a regular meeting thereof,held on E
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the 5th day of April , 2010,by the following vote, to wit:
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10 Council Members AYES NAYS ABSTAIN ABSENT L
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11 MARQUEZ x
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12 DESJARDINS x
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21 City Clerk
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22 The foregoing resolution is hereby approved this day ofApril , 2010. E
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24 Patrick J. Q
i.��Vlayor
City of San Bernardino
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Approved as to form:
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27 James F. Penman,
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Cit/Atto ey
By:
PALUC AL CONTROL\GT Resolution 2010.wpd
3 Packet Pg:210
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Exhibit
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 N
TERRACE ("City"), a public entity, and the CITY OF SAN BERNARDINO, a public entity o
("Service Provider"). Z
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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 a
conjunction with Animal Control and Housing Services ("Services").
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2. Term. This Agreement shall be effective on the date first written above unless ~
otherwise provided in Exhibit "1" and the Agreement shall remain in effect until April 1, 2013,
unless otherwise terminated pursuant to the provisions herein. This Agreement may be extended cD
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 LO
Agreement for fees not to exceed$104,184.00 annually,payable monthly, in accordance with the M
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
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4. Notices. Any notices required to be given hereunder shall be in writing and shall f6
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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 party to be served as follows:
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To City: To Service Provider:
City of Grand Terrace City of San Bernardino s
City Clerk Attn: Sue Hoak,Manager, Animal Control
22795 Barton Road 300 North "D" Street Q
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.
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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 0
professional and timely completion of the Services. Z
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9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or E
obligation in or under this Agreement to any other entity without prior written consent of the E
other party. In any event, no assignment shall be made unless the assignee expressly assumes the d
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 h
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 M
capacity as independent contractors, and'not as officers or employees of the City of Grand r
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 a
to Service Provider, or to Service Provider's employees, subcontractors and agents. Service Q
Provider, as an independent contractor, shall be responsible for any and all taxes that apply to CD
Service Provider as an employer. L
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11. indemnification. _
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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 E
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, Q
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 indemnif y, 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 o
City Attorney and members of his/her office shall be considered as "attorney fees" for the Z
purpose of this paragraph.
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12. Insurance. d
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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 f
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. r
12.1.1 Limitations. These minimum amounts of coverage shall not constitute any
limitation or cap on Service Provider's indemnification obligations under Section 11 hereof. M
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12.1.2 Ratings. Any insurance policy or coverage provided by Service Provider or m
subcontractors as required by this Agreement shall be deemed inadequate and a material breach a)
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.
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12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior ~o
written notification of intended cancellation has been given to City by certified or registered L
mail,postage prepaid.
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12.1.4 Adequacy. The City, its officers, employees and agents make no representation E
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 .2
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.
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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. _
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12.3 Automobile Insurance. Prior to City's execution of this Agreement, Service z°
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 E
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, E
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.
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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 M
Provider owned vehicles, Service Provider leased vehicles, Service Provider's employee N
vehicles, non-Service Provider owned vehicles and hired vehicles.
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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 a
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this Agreement, for automobile liability insurance, shall be filed with the City and shall include R
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: L
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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 E
behalf of the named insured for the City of Grand Terrace.
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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. N d
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13. Business Tax. Service Provider is a municipal government and exempt from the
City's Business Tax. E
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14. Time of Essence. Time is of the essence for each and every provision of this E
Agreement. U
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15. City's Right to Employ Other Service Providers. City reserves the right to f
employ other Service Providers in connection with the Services . _
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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 N
of all work, data, documents, proceedings, and activities related to the Agreement for a period of CD
three (3) years from the date of final payment under this Agreement. E CD
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17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, Q
descriptions, computer program data, input record data, written information, and other materials U
either created by or provided to Service Provider in connection with the performance of this Q
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 L
otherwise known to the Service Provider or is generally known, or has become known, to the 0
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 E
magazine, trade paper, newspaper, television or radio production, website, or other similar
medium without the prior written consent of the City. a
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 6
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, E
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. E
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21. General Compliance with Laws. Service Provider shall keep fully informed of L
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. N
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 a
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 L
consider completed work, work in progress and complete and incomplete reports and other
documents only after delivered to City.
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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. a
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
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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 N
be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, z
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 E
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 E
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.
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26. Nondiscrimination. During Service Provider's performance of this Agreement, _
Service Provider shall not discriminate on the grounds of race, religious creed, color, national
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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
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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 N
requirements of the Americans with Disabilities Act in the performance of this Agreement.
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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, a
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 E
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. w
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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.
Page 7 of 9
Packet Pg. 217
• 5.N.d
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. N
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` 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. E
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303 In the event of a conflict between the body of this Agreement and Exhibit "1" E
hereto, the terms contained in Exhibit "1"shall be controlling.
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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.
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32. Exhibits. The following exhibits attached hereto are incorporated herein to this
Agreement by this reference:
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Exhibit"I"-Scope of Work, Schedule� , and Fees
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IN WITNESS WHEREOF City and Service Provider have caused this Agreement to be
duly executed the day and year first above written. E
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CITY OF GRAND TERRACE CITY OF SAN BERNARDINO
A Public Entity Service Provider
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By: By: _
C6 M ager City Manager
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APPROVED AS TO FORM: APPROVED AS TO FORM:
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By By.
City Attorney— ran City Attorney—San Bernardino
Page 8 of 9
Packet Pg. 218
EXHIBIT"1"
SCOPE OF SERVICES, SCHEDULE, AND FEES
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Page 9 of 9
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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 d
and control program for the City of Grand Terrace ("Grand Terrace") under the Z
provisions of the Municipal Code of Grand Terrace which prescribes procedures and
standards for licensing, impounding, regulation and control of dogs, cats and other E
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 E
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 ca
development code that also affect animals. Further, Grand Terrace will consult with San F
Bernardino on any proposed new ordinance or ordinance change dealing with animal c
control matters. _
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2. Term
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The term of the Agreement shall be April 1, 2010 through April 1, 2013.
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3. Consideration N
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Grand Terrace agrees to compensate San Bernardino $8,682.00 per month for services E
and work products as defined in this exhibit for the period April 1, 2010 through April 1,
2013. a
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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 L
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 Q
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
1 Packet Pg. 220
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 N
appropriate steps consistent with the circumstances of each separate incident to d
locate and impound the suspect animal or animals and or assist the complainant Z
and or injured party or parties to trap the suspected animal or animals.
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(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 E
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.
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(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 N
large, confined stray cats or trapped cats. Traps for the purpose of capturing Ln
cats shall be made available to the residents of Grand Terrace. Unless N
`$ exceptional circumstances exist, residents of Grand Terrace shall be responsible c
for obtaining, monitoring and returning all traps used for this purpose. E
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All services available to San Bernardino residents for which there is a fee shall a
be made available to Grand Terrace residents for the same fee. CD
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(j) Grand Terrace residents may bring stray, un-awned animals to the San
Bernardino shelter at no charge to the resident. _
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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. Q
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.
2 Packet Pg. 221
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: N
• Confined strays z
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• Dead animals
• Stray dogs running at large E
• Humane/Animal Cruelty investigations
• Animal bites E
• 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. N
NNW_ (b) Shelter Hours and Telephone Line: r
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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, E CD
Monday and holidays. The phone lines will be answered twenty-four hours per
day. a
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(c) Emergency After-Hours Procedures: L
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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 0
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. E
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 Q
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
3 Packet Pg.222
♦ 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 N
control during regular business hours. San Bernardino personnel will not z°
respond on an emergency basis to loose animals, dead animals, wildlife,
confined strays and sick or injured animals.
9. Inspection d
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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 L
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Animals reclaimed by their owners will be charged redemption fees in accordance with T_
City of San Bernardino resolutions and applicable state laws. San Bernardino will retain N
such fees.
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10. Exclusions N
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San Bernardino will not be required to: E
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• Conduct rabies vaccination and license clinics. Q
• Provide dog license canvassers.
• Administer and sell Grand Terrace dog licenses.
• Handle animal noise complaints.
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4 Packet Pg.223
5.N.d
2010-62 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 5th 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 N
("Service Provider"). z°
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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"). a
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2. Term. This Agreement shall be effective on the date first written above unless
otherwise provided in Exhibit "1" 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. c�
3. Compensation/Payment. Service Provider shall perform the Services under this N
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 N
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.
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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 party to be served as follows:
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To City: To Service Provider:
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City of Grand Terrace City of San Bernardino
City Clerk Attn: Sue Hoak,Manager, Animal Control E
22795 Barton Road 300 North "D" Street
Grand Terrace, California 92313 San Bernardino, California 92418 a
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 1 of 9
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2010-62
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 N
professional and timely completion of the Services. z
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9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or E
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 E
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 F
provision making them subject to all provisions stipulated in this Agreement, including without e
limitation, the insurance obligations set forth in Section 12. Service Provider acknowledges that L
any transfer of rights may require City Manager and/or City Council approval.
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10. Independent Contractor. In the performance of this Agreement, Service Provider,
and Service Provider's employees, subcontractors and agents, shall act in an independent LO
capacity as independent contractors, and not as officers or employees of the City of Grand N
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 E
to Service Provider, or to Service Provider's employees, subcontractors and agents. Service a
Provider, as an independent contractor, shall be responsible for any and all taxes that apply to Q
Service Provider as an employer.
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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 E
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 a
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
Packet Pg. 225
5.N.d
2010-62
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, firth, 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 N
City Attorney and members of his/her office shall be considered as "attorney fees" for the 6
purpose of this paragraph.
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12. Insurance.
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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 F
required herein. The rating and required insurance policies and coverages may be modified in -e
writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is L
prohibited by law. �?
�. 12.1.1 Limitations. These minimum amounts of coverage shall not constitute any N
f limitation or cap on Service Provider's indemnification obligations under Section I 1 hereof.
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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 E
of this Agreement, unless such policy or coverage is issued by insurance companies authorized a
to transact insurance business in the State of California with a policy holder's rating of B+ or a
higher and a Financial Class of VII or higher.
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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 c
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 r
required insurance coverage is inadequate, Service Provider will obtain such additional insurance Q
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
Packet Pg.226
2010-62
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.
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12.3 Automobile Insurance. Prior to City's execution of this Agreement, Service 6
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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 E
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, E
connected with, or acting for or on behalf of Service Provider. The City, and its officers, a
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 L
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 T_
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 LO
Provider owned vehicles, Service Provider leased vehicles, Service Provider's employee N
vehicles, non-Service Provider owned vehicles and hired vehicles. _
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12.3.2 Prior to City's execution of this Agreement, copies of insurance policies or L
original certificates and additional insured endorsements evidencing the coverage required by t
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 L
the usual form of commercial general and automobile liability insurance policies, but shall
include the following provisions: _
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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.
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12.4 Errors and Omissions Insurance. Prior to City's execution of this Agreement, a
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
Packet Pg.227
2010-62
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. N
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13. Business Tax. Service Provider is a municipal government and exempt from the
City's Business Tax.
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14. Time of Essence. Time is of the essence for each and every provision of this E
Agreement. Q
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15. City's Right to Employ Other Service Providers. City reserves the right to CD
employ other Service Providers in connection with the Services . $
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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 N
and upon reasonable notice to examine, audit, and make transcripts or copies of such records and LO
any other documents created pursuant to this Agreement. Service Provider shall allow inspection N
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.
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17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, Q
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 F
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 a
magazine, trade paper, newspaper, television or radio production, website, or other similar s
medium without the prior written consent of the City. o
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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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2010-62
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 N
this Agreement without liability and pay Service Provider only for the value of work Service z°
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, E
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.
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21. General Compliance with Laws. Service Provider shall keep fully informed of o
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 c�
comply with all applicable laws, ordinances and regulations.
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22. Amendments. This Agreement may be modified or amended only by a written Lo
Agreement and/or change order executed by the Service Provider and City. N
23. Termination. City and the Service Provider, by notifying the other party in writing,
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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 a
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 P
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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.
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23.1 Other than as stated below, City and Service Provider shall provide the other party E
thirty(30)days prior written notice prior to termination. o
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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
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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 cv
be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, o
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 E
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 E
of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all Q
costs thereof, including reasonable attorneys'fees, to be set by the court in such action.
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26. Nondiscrimination. During Service Provider's performance of this Agreement,
Service Provider shall not discriminate on the grounds of race, religious creed, color, national L
origin, ancestry, age, physical disability, mental disability, medical condition, including the
medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related T-
thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and N
subcontractors and the procurement of materials and equipment, except as provided in Section LO
12940 of the California Government Code. Further, Service Provider agrees to conform to the N
requirements of the Americans with Disabilities Act in the performance of this Agreement.
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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, a
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. L
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28. Authority: The individuals executing this Agreement and the instruments referenced a
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.
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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. N
6
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. E
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30.3 In the event of a conflict between the body of this Agreement and Exhibit "1"
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hereto, the terms contained in Exhibit"1" shall be controlling. a
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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. ~
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32. Exhibits. The following exhibits attached hereto are incorporated herein to this c�
Agreement by this reference:
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Exhibit"1"-Scope of Work, Schedule,and Fees LO
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IN WITNESS WHEREOF City and Service Provider have caused this Agreement to be
duly executed the day and year first above written.
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CITY OF GRAND TERRACE CITY OF S N BERNARDINO a
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A Public Entity Servi vide L
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By By. c
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APPROVED AS TO FORM: APP VED AS TO FORM: E
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By- B - 1�
City Attorney- ran City Attorne -San Bernardino
Page 8 of 9
Packet Pg. 231
2010-62
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EXHIBIT"1"
SCOPE OF SERVICES, SCHEDULE,AND FEES
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2010-62
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 N
and control program for the City of Grand Terrace ("Grand Terrace") under the 6
provisions of the Municipal Code of Grand Terrace which prescribes procedures and
standards for licensing, impounding, regulation and control of dogs, cats and other E
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 F
control matters.
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2. Term
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The term of the Agreement shall be April 1, 2010 through April 1, 2013. N
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3. Consideration M
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Grand Terrace agrees to compensate San Bernardino $8,682.00 per month for services a
and work products as defined in this exhibit for the period April 1, 2010 through April 1, d
2013.
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4. Impound, Care and Disposal of Do
as 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:
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(a) Enforce all provisions of Grand Terrace City Ordinances pertaining to animals, to
include issuing warning notices or citations as necessary. San Bernardino may .2
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
1 Packet Pg. 233
2010-62
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 N
locate and impound the suspect animal or animals and or assist the complainant z6
and or injured party or parties to trap the suspected animal or animals.
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(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 a
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.
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(g) Respond to every call for service either by animal control officer, letter or phone, L
except for excluded items.
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(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 LO
cats shall be made available to the residents of Grand Terrace. Unless M
exceptional circumstances exist, residents of Grand Terrace shall be responsible
for obtaining, monitoring and returning all traps used for this purpose. E
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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. a
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 E
will be accounted for in monthly accounting statements provided to Grand Terrace by
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San Bernardino and remitted by San Bernardino to Grand Terrace on a monthly basis. a
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.
2 Packet Pg. 234
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2010-62
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:
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• Confined strays °
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• Dead animals
• Stray dogs running at large E
• Humane/Animal Cruelty investigations
• Animal bites E
• Wildlife in human dwellings (not including rodents or insects) Q
• 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 R
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.
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(b) Shelter Hours and Telephone Line: LO
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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, E
Monday and holidays. The phone lines will be answered twenty-four hours per
day. a
(c) Emergency After-Hours Procedures: L
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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 c�
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 w
the dispatcher of the disposition of the call. If the emergency response is an a
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
3 Packet Pg. 235
2010-62
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♦ Loose"aggressive" animals.
♦ Animal bites/attacks.
♦ Loose livestock if a threat to public safety
4 ♦ 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 o
respond on an emergency basis to loose animals, dead animals, wildlife, z
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confined strays and sick or injured animals.
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9. Inspection =
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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 U
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Agreement.
10. Reclaimed Animals
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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 N
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San Bernardino will not be required to: E
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• Conduct rabies vaccination and license clinics. °'
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• Provide dog license canvassers. U
• Administer and sell Grand Terrace dog licenses.
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• Handle animal noise complaints.
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4 Packet Pg. 236
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:
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7 SECTION 1. The City Manager is hereby authorized to execute on behalf of said 6
'6.
8 City Amendment No. 1 to the Animal Control and Housing Agreement for FY 2013/14 with ED
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the City of Grand Terrace, a copy of which is attached hereto marked Exhibit A and d
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11 incorporated herein by reference as fully as though set forth at length.
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12 SECTION 2. The authorization to execute the above referenced Amendment to the
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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
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.......... ........... .... ..........
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 Common Council of the City of San Bernardino at a joint- ,Paula- meeting
6
7 thereof,held on the 18th day of March 2013,by the following vote, to wit: o
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8 Council Members: AYES NAYS ABSTAIN ABSENT a)
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MARQUEZ x a
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11 JENKINS x a
12 VALDIVIA x
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13 SHORETT x
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14 KELLEY x_ N
15 LO
JOHNSON x o
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MCCAMMACK x N
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19 Geor ann Hanna, City Clerk
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The foregoing resolution is hereby approved this a� day of March ,2013.
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atri c J. Morris, yor Q
23 f San Bernardino
24 Approved as to form:
25 JAMES F. PENMAN,
26 City Attorney A ��
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Packet Pg.238'
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.
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WHEREAS,the City and the Service Provider entered into an Agreement for animal z
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control and housing services ("Agreement") on or about April 1, 2010 as evidenced by
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Resolution 2010-62; and a
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WHEREAS,the parties wish to extend the 2010 Agreement for a single year as provided
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in Section 2 of said Agreement; and
WHEREAS,the parties wish to amend Sections 2 an d 3 of the Agreement to read as N
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follows:
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442. TERM
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This Agreement shall remain in effect from its effective date (April 5, 2010) and continue until
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March 31, 2014.
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3. Compensation/Payment
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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."
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Packet Pg�;239
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
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By: By:
City Manager City Manager a
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APPROVED AS TO FORM: APPROVED AS TO FORM:
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By: By:
City Attorney-Grand Terrace City Attorney-San Bernardino N
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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.
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WHEREAS,the City and the Service Provider entered into an Agreement for animal z
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control and housing services ("Agreement") on or about April 1, 2010 as evidenced by -Ea
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Resolution 2010-62; and a
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WHEREAS,the parties wish to extend the 2010 Agreement for a single year as provided
in Section 2 of said Agreement; and L
WHEREAS,the parties wish to amend Sections 2 and 3 of the Agreement to read as N
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follows:
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"2. TERM
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This Agreement shall remain in effect from its effective date (April 5,2010) and continue until
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March 31, 2014.
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3. Compensation/Payment U
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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."
Packet Pg. 241
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
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By: By. E
City Manager City Manager E
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APPROVED AS TO FORM: APPROVED A/S_TO FORM:
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City Attorney-Grand Terrace City Attorney-San Bernardino
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POLICE DEPARTMENT
ROBERT HANDY—CHIEF OF POLICE
P.O.Box 1559•San Bernardino•CA 92402-1559
909.384.5742
San Bernar lno www.sbcity.org
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September 26,2013
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Betsy Adams,City Manager m
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22795 Barton Road E
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Grand Terrace,CA 92313 Q
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Re: Service Agreement/Shelter Improvement Fund t°
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Ms. Adams, P
Upon reviewing the agreements between the City of Grand Terrace and the City of San t-
Bernardino for animal control services for fiscal years 2011/12, 2012/13, and 201. ca I N
discovered that the 15% earmarked for the Shelter Improvement Fund was not specifically LO
identified. While this has no bearing on the fiscal year totals, it does have an effect as to the o
Fund's balance when reconciling the account.
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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 L
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.
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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 a
Grand Terrace has and is contributing to the Shelter Improvement Fund and what those amounts
are.
LEADERS IN SETTING THE STANDARD OF EXCELLENCE
Packet Pg. 243
S.N.e
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.
you(/rs,
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W. King
POLICE CAPTAIN E
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Betsy ams,Ci Manager
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