HomeMy WebLinkAbout2014-283 1 RESOLUTION NO. 2014-283
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 3
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 Mayor and Common Council of the City of San Bernardino
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hereby authorize and direct the City Manager to execute on behalf of said City, Amendment
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No. 3 to the Animal Control and Housing Agreement with the City of Grand Terrace, a copy
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11 of which is attached hereto marked Exhibit A and incorporated herein by reference as fully as
12 though set forth at length.
13 SECTION 2. The authorization to execute the above referenced Amendment to the
14 Animal Control and Housing Agreement between the City of San Bernardino and the City of
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Grand Terrace is rescinded if it is not fully executed within sixty (60) days of the passage of
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17 this Resolution.
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2014-283
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 3
2 TO THE ANIMAL CONTROL AND HOUSING AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND THE CITY OF GRAND TERRACE
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 Common Council of the City of San Bernardino at a joint regular meeting
7 thereof, held on the 2lstday of July , 2014, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ x
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11 BARRIOS x
12 VALDIVIA x
13 SHORETT x
14 NICKEL x
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JOHNSON X
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17 MULVIHILL x
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19 Georgea:i Hanna, MC, City Clerk
20 The foregoing resolution is hereby approved this d-Xilal day of July , 2014.
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22 1-t-
R. Carey Day' Mayor
23 City of San ernardino
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25 Approved as to form:
GARY D. SAENZ,
26 City Attorney
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28 B A 4 •
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2014-283
Exhibit A
AMENDMENT NO. 3 TO THE ANIMAL CONTROL AND HOUSING AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF GRAND
TERRACE
THIS AMENDMENT ("Amendment 3") is made and entered into this21st day of July
, 2014, by and between the CITY OF GRAND TERRACE ("City"), a public entity, and the CITY
OF SAN BERNARDINO ("Service Provider"), a public entity.
WHEREAS,the City and the Service Provider entered into an Agreement for animal
control and housing services ("Agreement") on or about April 1, 2010 as evidenced by
Resolution 2010-62; and
WHEREAS, the City and the Service Provider Amended the Animal Control and
Housing Agreement Between the City of San Bernardino and the City of Grand Terrace
("Amendment No. 2") on or about March 3, 2014 as evidenced by Resolution 2014-47:
WHEREAS, the parties wish to further amend Sections 2, 3, 23.1, 23.2, 23.2.1 and
23.2.2 of the Agreement:
NOW THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree
as follows:
1. Section 2. TERM is hereby amended to read as follows:
This Agreement shall remain in effect from its effective date (April 5, 2010) and beginning
July 1, 2014 shall continue to remain in effect on a Month to Month basis for a period not to exceed
the extension period, as originally provided in the Agreement.
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2014-283
2. Section 3. COMPENSATION/PAYMENT is hereby amended to read as follows:
Service Provider shall perform the Services under this Agreement for fees not to exceed
$121,629.00 annually, (prorated at$10,135.75/month with 15% of that amount being placed in
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
of the Agreement."
3. Sections 23.2, 23.2.1 and 23.2.2 TERMINATION are hereby deleted and Section 23.1 is
amended to read as follows:
City and Service Provider shall provide the other party sixty (60) days written notice,
prior to termination.
4. 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 THEREOF, the parties hereto have caused this Amendment Number 3 to be
executed by and through their respective authorized officers, as of the date first above written.
CITY OF GRAND TERRACE CITY OF SAN BERNARDINO
A Public Entity Service Provider
By: [. / By:
City Ma ager City Manager
APPROVED AS TO FORM APPROVED AS TO FORM:
By: By:
City Attorney-Grand Terrace City Attorney-San Bernardino
2014-283
Exhibit A
AMENDMENT NO. 3 TO THE ANIMAL CONTROL AND HOUSING AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF GRAND
TERRACE
THIS AMENDMENT ("Amendment 3") is made and entered into this21 st day of July
2014,by and between the CITY OF GRAND TERRACE ("City"), a public entity, and the CITY
OF SAN BERNARDINO ("Service Provider"), a public entity.
WHEREAS,the City and the Service Provider entered into an Agreement for animal
control and housing services ("Agreement") on or about April 1, 2010 as evidenced by
Resolution 2010-62; and
WHEREAS,the City and the Service Provider Amended the Animal Control and
Housing Agreement Between the City of San Bernardino and the City of Grand Terrace
("Amendment No. 2") on or about March 3, 2014 as evidenced by Resolution 2014-47:
WHEREAS, the parties wish to further amend Sections 2, 3, 23.1, 23.2, 23.2.1 and
23.2.2 of the Agreement:
NOW THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree
as follows:
1. Section 2. TERM is hereby amended to read as follows:
This Agreement shall remain in effect from its effective date (April 5, 2010) and beginning
July 1, 2014 shall continue to remain in effect on a Month to Month basis for a period not to exceed
the extension period, as originally provided in the Agreement.
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2014-283
2. Section 3. COMPENSATION/PAYMENT is hereby amended to read as follows:
Service Provider shall perform the Services under this Agreement for fees not to exceed
$121,629.00 annually, (prorated at$10,135.75/month with 15% of that amount being placed in
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
of the Agreement."
3. Sections 23.2, 23.2.1 and 23.2.2 TERMINATION are hereby deleted and Section 23.1 is
amended to read as follows:
City and Service Provider shall provide the other party sixty (60) days written notice,
prior to termination.
4. 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 THEREOF, the parties hereto have caused this Amendment Number 3 to be
executed by and through their respective authorized officers, as of the date first above written.
CITY OF GRAND TERRACE CITY OF SAN BERNARDINO
A Public Entity Service Provider
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By: [. 1 By: (4
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City Ma ager City Manager
APPROVED AS TO FORM APPROVED AS TO FORM:
By: By:
City Attorney-Grand Terrace City Attorney-San Bernardino