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HomeMy WebLinkAbout05.AA- Police 0 RESOLUTION (ID#3340) DOC ID: 3340 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Raymond King M/CC Meeting Date: 07/21/2014 Prepared by: Adam Affrunti, (909) 384-7228 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. 3 to the Animal Control and Housing Agreement Between the City of San Bernardino and the City of Grand Terrace (#3340) Current Business Registration Certificate: Not Applicable Financial Impact: No financial Impact to the City Motion: Adopt the Resolution. SYNOPSIS OF PREVIOUS COUNCIL ACTION March 3, 2014 Resolution 2014-47 Amendment to agreement extending the term an additional three months to end the term with the fiscal year. March 18, 2013 Resolution 2013-55 Amendment to agreement extending the term one year and increasing the cost. April 5, 2010 Resolution 2010-62 Animal Control and housing agreement between City of San Bernardino and City of Grand Terrace. 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. Our current contract with Grand Terrace, unlike our other contract cities, does not allow for a month-to-month agreement. This amendment will afford this ability at the current rate of $121,629 or $10,135.75 per month. The 15% Shelter Improvement set aside will also continue. The month-to-month amendment will allow Council time to determine the outcome of the Animal Shelter RFP. If the RFP fails, staff will submit for approval a full contract agreement at a future meeting of the Mayor and Common Council. City Attorney Review: Updated: 7/11/2014 by Jason Ewert A Packet Pg. 438 3340 Supporting Documents: reso 3340 (PDF) agrmt 3340 (PDF) i I Updated:7/11/2014 by Jason Ewert A 5.AA.a RESOLUTION NO. 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: U 6 d 7 SECTION 1. The Mayor and Common Council of the City of San Bernardino 0 $ hereby authorize and direct the City Manager to execute on behalf of said City, Amendment FZ 9 E ® No. 3 to the Animal Control and Housing Agreement with the City of Grand Terrace, a copy < U of which is attached hereto marked Exhibit A and incorporated herein by reference as fully as 12 though set forth at length. 13 ca SECTION 2. The authorization to execute the above referenced Amendment to the o 14 Animal Control and Housing Agreement between the City of San Bernardino and the City of E 15 Grand Terrace is rescinded if it is not fully executed within sixty (60) days of the passage of E 16 a 17 this Resolution. Y 18 0 19 111 M 20 M M 21 0 22 23 HI E U 24 /ll a 25 III 26 27 IU 28 Packet Pg.440 5.AA.a 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 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and _ 5 6 Common Council of the City of San Bernardino at a meeting d Cn 7 thereof, held on the day of , 2014, by the following vote,to wit: o c 0 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 E MARQUEZ Q 10 U 11 BARRIOS d 12 VALDIVIA c rLn V 13 SHORETT o 14 NICKEL E 15 JOHNSON 16 a 17 MULVIHILL b c 0 18 v 0 19 Georgeann Hanna, CMC, City Clerk M 20 The foregoing resolution is hereby approved this day of 2014. co M 21 N d L 22 w R. Carey Davis, Mayor 23 City of San Bernardino �o 24 a 25 Approved as to form: GARY D. SAENZ, 26 City Attorney 27 28 B Packet Pg.441 mom S.AA.b 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 this day of L 2014, by and between the CITY OF GRAND TERRACE ("City"), a public entity, and the CITY in 0 OF SAN BERNARDINO ("Service Provider"), a public entity. o U WHEREAS,the City and the Service Provider entered into an Agreement for animal 'c control and housing services ("Agreement") on or about April 1, 2010 as evidenced by Q m c� Resolution 2010-62; and a WHEREAS, the City and the Service Provider Amended the Animal Control and C9 Housing Agreement Between the City of San Bernardino and the City of Grand Terrace o c ("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 a r 23.2.2 of the Agreement: L r _ NOW THEREFORE, in consideration of the foregoing and for other good and valuable v 0 consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto M agree as follows: c°v� co r E L 1. Section 2. TERM is hereby amended to read as follows: c� r _ This Agreement shall remain in effect from its effective date(April 5, 2010) and E U beginning July 1,2014 shall continue to remain in effect on a Month to Month basis for a period w a not to exceed the extension period, as originally provided in the Agreement. Packet Pg.442 Exhibit A 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 N performed. The invoices shall be delivered to the City at the address set forth in Section 4 0 c 0 of the Agreement." U E 3. Sections 23.2, 23.2.1 and 23.2.2 TERMINATION are hereby deleted and Section 23.1 is Q amended to read as follows: 0 L City and Service Provider shall provide the other party sixty (60) days written notice, (D prior to termination. 0 U L 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. _ _ d E IN WITNESS THEREOF,the patties hereto have caused this Amendment Number 3 to be executed by and through their respective authorized officers, as of the date first above written. w 0 U CITY OF GRAND TERRACE CITY OF SAN BERNARDINO CD M M A Public Entity Service Provider M M By. By: E L City Manager City Manager E U tSS APPROVED AS TO FORM APPROVED AS TO FORM: a By: B City Attorney-Grand Terrace DCitytorney-San Bernardino Packet Pg.443