HomeMy WebLinkAbout07.B- Police DOC ID: 3437
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Information/Report
From: Raymond King M/CC Meeting Date: 09/02/2014
Prepared by: Raymond King, (909) 384-5742
Dept: Police Ward(s): All
Subject:
Animal Control Presentation to the Mayor and Common Council of the City of San Bernardino
(#3437)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: «Inert Amount>>
Account No. <<Insert Account No.>>
Account Description: <<Insert Account Description
Balance as o£ <<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: Receive and file.
Synopsis of Previous Council Action:
None
Background:
The Police Department will make a presentation to the Mayor and Common Council regarding a
memorandum of understanding with animal rescue groups.
Supporting Documents:
Animal Rescue MOU (PDF)
Updated: 8/6/2014 by Linda Sutherland Packet Pg. 793
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE ANIMAL CONTROL DIVISION
OF THE CITY OF SAN BERNARDINO,
AND
REGARDING THE DISPOSITION OF CERTAIN ANIMALS
THIS MEMORANDUM OF UNDERSTANDING (hereinafter"MOU"),entered into by and between the
Animal Control Division of the City of San Bernardino(hereinafter"Animal Control"),and
c
(NAME OF RESCUE):
(ADDRESS):
a>
N
c)
i
0.
(hereinafter"Rescue Organization"),sometimes hereinafter referred to individually as"Party"and o
collectively as"Parties."for the purpose of memorializing the agreement of the parties with respect to the
disposition of certain animals by Animal Control, U
cu
E
.E
Q
WITNESSETH THAT: re,
M
WHEREAS,Animal Control operates an animal shelter at 333 Chandler Place, San Bernardino,CA V
92408 (hereinafter"Shelter");and D
O
WHEREAS,a significant number of animals that are impounded or surrendered at the Shelter are not
returned to their prior owners,and become available for adoption or other disposition as provided by law;and
WHEREAS,it is the goal of Animal Control to place as many of such animals as possible into safe,
responsible,loving homes; and _
Q
WHEREAS,there are occasions when Animal Control requires specialized assistance to make proper c
a)
placements of certain individual animals that are available for adoption or other disposition,and to that end the E
Animal Control from time to time may seek assistance from a non-governmental source;and
�a
WHEREAS,the Rescue Organization is dedicated to promoting the well-being and general
a
appreciation of certain animals,more particularly described as dogs and/or cats of indeterminate breed
(hereinafter"Rescue Animals"),and from time to time the Rescue Organization actively facilitates the
transition of Rescue Animals from various adverse circumstances to more beneficial circumstances; and
WHEREAS,the Rescue Organization is uniquely qualified to render specialized assistance to Animal
Control to make proper placements of such Rescue Animals;and
Page 1 of 7
Packet Pg.794
WHEREAS,it is the policy of the state that no adoptable animal should be euthanized if it can be
adopted into a suitable home; and
WHEREAS,California Food and Agriculture Code §§ 31752 and 31108 authorize Animal
Control to release stray animals,prior to euthanasia of those animals,to a nonprofit, as defined in Section
501(c)(3)of the Internal Revenue Code, animal rescue or adoption organization if requested by the
organization prior to the scheduled euthanasia of that animal.
NOW,THEREFORE,Animal Control and Rescue Organization,in consideration of the foregoing
recitals and the following promises,hereby agree as follows.
c
0
a..
c
1. Term. The initial term("Initial Term")of this MOU shall be two(2)years,beginning on
a�
(the "Effective Date"),unless sooner terminated pursuant to a
the provisions herein.The Initial Term may be extended by mutual written agreement of the o
Parties(the initial term and any extension thereof is hereinafter referred to as the"Term").
0
Each twelve (12) month period during the term commencing on the Effective Date and
continuing n the anniversary of such date shall be referred to herein as an "Operating E
g rY P g
Year." 4
r�
2. Termination; Without Cause. This MOU may be terminated(i)by either Party upon ten Cl)
(10)days written notice to the other without cause,or(ii)as otherwise specifically provided
for herein. 0
3. Suspension and Termination for Cause. Animal Control shall take disciplinary action
against Rescue Organization for violations investigated and confirmed or sustained.
Unless otherwise noted,Animal Control shall determine the period of suspension. �
Animal Control shall retain discretion regarding the length of any suspension imposed f_
i
pursuant to the terms and conditions of this MOU.
a
a.Violations of the terms and conditions of this MOU may be cause for immediate c
disciplinary action against the Rescue Organization as follows. In lieu of termination, E
Animal Control may impose additional suspension for longer periods,if deemed
appropriate; w
a
i.First violation within any 12 month period-letter of written reprimand
ii. Second violation within any 12 month period- 1 to 90 day suspension
iv. Third violation within any 12 month period-termination of the MOU
b.Any violation of Federal, State or local law,including the San Bernardino Municipal
Code,by any member of Rescue Organization,may be cause for immediate termination.
Page 2 of 7
Packet Pg. 795]
i.When considering punitive action for a violation of the MOU,Animal Control
may take into consideration all violations that occurred within 36 months prior to
the date of the current violation(s);and,
ii.Nothing herein shall be deemed to prohibit Animal Control from immediately
suspending any Rescue Organization or employee whose conduct,in the opinion
of Animal Control,is deemed to be a danger to the public,or who has engaged in
conduct constituting a violation of the MOU.
iii.A terminated or suspended Rescue Organization,at the time of the
suspension or termination, shall not be eligible to adopt animals for the duration
of the suspension or termination. This provision applies to the Rescue
Organization working in any capacity as a Rescue Organization or operating any
Animal Rescue, even if operated under new ownership. o
2
4. Notice of Intent to Terminate;Letter of Reprimand. In the event Rescue Organization
violates any provision of this MOU,Animal Control may provide a written(7)day
Notice of Intent to Terminate the MOU,via certified mail. If Rescue Organization a
corrects the violation prior to the effective date of termination,the Notice of Intent to
c
Terminate shall constitute a letter of reprimand,as provided in paragraph 3(a).Failure to 0
v
correct the violation(s) shall result in immediate termination of the MOU.
E
Q
5. Required Documentation.Upon the execution of this MOU,the Rescue Organization r..
M
shall provide the following documentation to Animal Control:
M
D
(a) a letter of reference from a participating veterinarian to document medical 0
services and spay/neuter services;
N
(b) a copy of the Rescue Organization's adoption contract, to make Animal Control Of
aware of the Rescue Organization's policies; ra
a
(c) a copy of the Rescue Organization's bylaws and board of directors, if applicable;
and 4)
U
(d) documentation showing the Rescue Organization is a qualified non-profit
organization,as defined by 501(c)(3)of the Internal Revenue Code.
a
6. Request for Assistance. From and after the execution of this MOU,and the Rescue
Organization's compliance with paragraph"5",Animal Control may contact the Rescue
Organization and ask for its assistance in the placement or other disposition of a Rescue
Animal as described herein,whenever in the opinion of Animal Control the
circumstances, including the well-being of the animal, so warrant.
Page 3 of 7
Packet Pg. 796
7. Animal Holds Intent;Policy;Procedure. The parties understand and agree that Animal
Control's hold policy is intended to provide Rescue Organization a reasonable amount of
time to make arrangements to pick up an animal,which Rescue Organization is sincerely
committed to rescuing.Rescue Organization must place a hold on an animal they are
interested in BEFORE the release date. If the shelter is contacted after the release date of
a particular animal,said animal will be held through the end of that business day.
Multiple one(1) day holds are not permitted.Failure to pick up an animal after a hold
has been placed shall result in a violation of this MOU. Rescue Organization holds must
be requested verbally,or,via email. Email holds must be sent to
rescue.holds @sbcity.org.
8. Public Interest. If Rescue Organization and a member of the public are interested in the o
same animal,the public will have first priority. The animal will not be held specifically
for the Rescue Organization. N
v
o_
9. Authorized Personnel.Rescue Organization's Agent for Service of Process,as named on o
L
the California Secretary of State's website,will provide to Animal Control a list of o
personnel (along with their driver's license number and email address)who are v
authorized to place holds and adopt animals under this agreement. E
d
10. Response Time. The Rescue Organization shall respond within 72 Hours to Animal ti
Control's request for assistance by investigating the circumstances of the Rescue v
Animal,making a determination of what assistance the Rescue Organization can provide,
if any,and notifying Animal Control of its determination. O
a�
11. Consultation and Transfer.Animal Control and the Rescue Organization may consult
N
with each other regarding the proper disposition of a Rescue Animal,and may agree to
Animal Control's release and transfer of a Rescue Animal to the Rescue Organization
under the terms and conditions provided in this MOU.
Q
12. Shelter Hours and Adoption Time. The City of San Bernardino Animal Shelter hours of
operation are 10:00 a.m. -5:00 p.m.,Tuesday through Saturday. If Rescue Organization U
is in good standing,and compliant with the terms of this MOU,Rescue Organization
adoptions may begin at 12:00 p.m. on days the shelter is open for business. Rescue Q
Organization adoptions will not be conducted on any day the shelter is not open for
business. Additionally,no Rescue Organization adoptions will be conducted after 4:30
p.m. on any day the shelter is open for business.
13. Housing Requirements;Right to Site Inspection.Animal Control is to be provided a
complete list of addresses where the animals will be housed until placed.All addresses
where animals are housed prior to placement must remain in compliance with all
Page 4 of 7
Packet Pg. 797
applicable laws,ordinances and requirements regarding proper housing,care and kennel
requirements. Animal Control reserves the right to inspect the location(s)and conditions
in which the Rescue Animal will be housed, subject to the Constitution.
14. Companion Animals.All animals adopted from Animal Control under this MOU will be
utilized only for placement as companion animals.
15. Licensing Requirements.New owners of dogs over the age of four(4)months,which
keep/maintain the adopted animal within the City of San Bernardino,are to be advised
by the Rescue Organization of the City's licensing requirements.
16. Authority;Adoption Procedures. The parties agree that nothing herein shall divest o
Animal Control of its sole authority and discretion to determine what disposition to make
of a Rescue Animal,and further agree that nothing herein shall be construed to prohibit
or prevent a Rescue Organization from adopting an animal from Animal Control
a
pursuant to the Animal Control's standard adoption procedures. o
c
17. Mandatory Spay/Neuter. Subsequent to the release and transfer of a Rescue Animal to _v
the Rescue Organization,and upon the subsequent placement of the Rescue Animal with f°
E
a third party,the Rescue Organization shall take whatever action is necessary to assure
the Rescue Animal is spayed ed or neutered.Notwithstanding p y standing Animal Control policies and �
procedures relating to mandatory spay and neuter,Rescue Organization shall,within
sixty(60)days after the release and transfer of any animal,provide proof to Animal
�?
Control that the rescue animal has been spayed or neutered.Failure to provide proof O
within sixty(60)days shall result in disciplinary action,as provided in section 3.
a�
Animals that cannot be spayed or neutered,due to illness,may be granted an extension y
with a letter of confirmation from a licensed veterinarian.
E
18. Indemnity.Rescue Organization shall indemnify,defend and hold harmless the City of _
San Bernardino,its officers,elected officials, employees and agents,from and against all
actions,causes of action,claims,demands, lawsuits,costs and expenses and liability for d
damages to persons or property that may be asserted or claimed by any person, firm, t
entity,corporation,political subdivision,or other organizations arising out of,or in Y
connection with, any party's performance under this MOU, or pursuant to standard Q
Animal Control adoption procedures, excluding such actions,claims demands,lawsuits
and liability for damages to persons or property arising solely from gross negligence 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 5 of 7
Packet Pg. 798
7.B.a
19. Notice.Any notice that is required or contemplated under this Memorandum shall be in
writing and addressed as follows:
to the Rescue Organization: to Animal Control:
Administrator of Animal Control
333 Chandler Place
San Bernardino,CA 92408
c
0
I c
a�
N
4t
d
20. Non-discrimination. The Rescue Organization shall not discriminate against any of its o
employees, a pp licants for employment,or applicants f o r a Rescue Animal,with respect
�
to the terms of such person's employment or eligibility to receive a Rescue Animal, 0
because of such person's race,religion,color, sex,handicap, disability,national origin, E
ancestry,disabled veteran status, or Vietnam-era veteran status. Breach of this section
shall be regarded as a violation of this MOU.
M
21. Entire Understanding. This MOU (including the exhibit(s), if any, attached hereto)
constitutes the entire agreement of the Parties with respect to the subject matter hereof,and D
O
supersedes all prior contemporaneous negotiations, correspondence, conversations,
agreements, and understandings concerning the subject matter hereof. Accordingly, the
Parties agree that no deviation from the terms hereof shall be predicated upon any prior
representations,agreements or understandings,whether oral or written.
E
22. Governing Law; Venue. This MOU is entered into under and pursuant to, and is to be
construed and enforceable in accordance with,the laws of the State of California. Venue
for any suit,action or proceeding arising under or in connection with this MOU shall exist
E
exclusively in courts having jurisdiction over the County of San Bernardino.
23. Attorneys' Fees. If any legal action is necessary to enforce or interpret the terms of this `_
MOU,the prevailing Party shall be entitled to reasonable attorneys'fees,reasonable expert
witness fees,costs,and necessary disbursements in addition to any other relief to which that
Party may be entitled.
24. Amendments. Neither this MOU nor any of its terms maybe changed or modified,waived,
or terminated(unless as otherwise provided hereunder)except by an instrument in writing
signed by an authorized representative of the Party against whom the enforcement of the
change,waiver,or termination is sought.
v,- Page 6 of 7
Packet Pg. 799
25. Waiver;Remedies. No failure or delay by a Party to insist on the strict performance of any
term of this MOU, or to exercise any right to remedy consequent to a breach thereof,shall
constitute a waiver of any breach or any subsequent breach of such term. No waiver of any
breach hereunder shall affect or alter the remaining terms of the MOU,but each and every
term of this MOU shall continue in full force and effect with respect to any other then
existing or subsequent breach thereof.The remedies provided in this MOU are cumulative
and not exclusive of the remedies provided by law or in equity.
26. Authority. The signatory for the Rescue Organization represents that he/she has been
duly authorized to execute agreements on behalf of the Rescue Organization to make this
Memorandum fully binding upon the Rescue Organization when his/her signature is
affixed and accepted by Animal Control o
a�
N
T
i
IN WITNESS WHEREOF,the parties have executed this Memorandum of Understanding as of the dates a-
-6
shown below.
_
0
U
ANIMAL CONTROL DIVISION OF THE CITY OF SAN BERNARDINO ("Animal Control")
Q
ch
By: Date: �?
Administrator
O
m
U
("Rescue Organization") 0
rz
E
E
By: Date: Q
Signature
E
Printed:
a
Title:
APPROVED AS TO LEGAL FORM:
By: Date:
Page 7 of 7
Packet Pg. 800