HomeMy WebLinkAbout2015-098 1 RESOLUTION NO. 2015-98
2 RESOLUTION OF THE MAYOR AND COMMON .COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE ANIMAL
3 CONTROL AND HOUSING AGREEMENT BETWEEN THE CITY OF GRAND
4 TERRACE AND THE CITY OF SAN BERNARDINO.
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: That the City Manager of the City of San Bernardino is hereby
8 authorized to execute on behalf of said City an Agreement between the City of San
9 Bernardino and the City of Grand Terrace, a copy of which is attached hereto and
10 incorporated herein, marked "Exhibit A."
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SECTION 2: The authorization to execute the above-referenced Agreement is
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rescinded if not executed within sixty(60) days of the passage of this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE ANIMAL
2 CONTROL AND HOUSING AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND THE CITY OF SAN BERNARDINO.
3
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
7
18th day of May, 2015,by the following vote, to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ X
11 BARRIOS X
12
VALDIVIA X
13
14 SHORETT X
15 NICKEL X
16 JOHNSON X
17 MULVIHILL X
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19
�GorggeHanl,-
ty Clerk
20 sT
21 The foregoing resolution is hereby approved this day of May, 2015.
22 J
23 R. Carey Daps, Mayor
24 City of Sa Bernardino
25 Approved as to form:
26 Gary D. Saenz, City Attorney
27
By:
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2015-98
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 18th of May, 2015, ("Effective Date") by and between the CITY
OF GRAND TERRACE ("City"), a public entity, and the CITY OF SAN
BERNARDINO, a public entity("Service Provider").
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 "l", "Scope of Services and Fees", attached hereto and
incorporated herein by reference, in conjunction with Animal Control and Housing
Services("Services").
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
June 30, 2016, 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. If a new Agreement has not been negotiated prior to the
termination date, then San Bernardino may continue to provide the terms of service in this
Agreement for the monthly contract amount of the June 2016 invoice, plus an additional
ten (10) percent of the invoice. The compensation fee or payment amount for services
rendered herein shall be adjusted upward on July 1 not less than 3% and not more than 5%
and shall be based on the Bureau of Labor Statistics' CPI for the Western Region of the
United States. Service Provider shall provide City with the amount of the proposed
increase in the compensation fee in writing 90 calendar days prior to the July 1 effective
date.
3. Compensation/Payment. Service Provider shall perform the Services
under this Agreement for fees not to exceed $149,535.00 annually, payable monthly, in
accordance with the terms set forth in Exhibit "1". Fifteen percent (15%) of the annual
compensation, $22,430.25, shall be allocated to the shelter improvement fund. 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 hereof. Service
Provider shall not be compensated for any services rendered in connection with its
performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Service
Provider shall be compensated for any additional services in the amounts and in the
manner as agreed to by City Manager and Service Provider at the time City's written
authorization is given to Service Provider for the performance of said services.
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
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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:
5. To City: To Service Provider:
City of Grand Terrace City of San Bernardino
Attn: Barrie Owens Attn: Captain Paul Williams
22795 Barton Road 710 North"D" Street
Grand Terrace, California 92313 San Bernardino, California 92418
6. Prevailing_Wage. Service Provider shall abide by all applicable labor laws.
7. 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.
8. 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.
9. 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 professional and timely completion of the Services.
10. Assignment and Subcontracting. Neither party shall transfer any right,
interest, or 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 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 provision making them subject to all provisions
stipulated in this Agreement, including without limitation, the insurance obligations set
forth in Section 13. Service Provider acknowledges that any transfer of rights may require
City Manager and/or City Council approval.
11. Independent Contractor. In the performance of this Agreement, Service
Provider, and Service Provider's employees, subcontractors and agents, shall act in an
independent capacity as independent contractors, and not as officers or employees of the City
of Grand 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 to Service Provider, or to Service Provider's employees, subcontractors and agents.
Service Provider, as an independent contractor, shall be responsible for any and all taxes
that apply to Service Provider as an employer.
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12. 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 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 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.
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, 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 City Attorney and members of
his/her office shall be considered as "attorney fees" for the purpose of this paragraph.
13. Insurance.
13.1 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 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.
13.1.1 Limitations. These minimum amounts of coverage shall not constitute any
limitation or cap on Service Provider's indemnification obligations under Section 12 hereof.
13.1.2 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 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 A or higher and a Financial Class of VIII or higher.
13.1.3 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 mail, postage prepaid.
13.1.4 Adequacy. The City, its officers, employees and agents make no
representation that the types or limits of insurance specified to be carried by Service
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Provider pursuant to this Agreement are adequate to protect Service Provider. If Service
Provider believes that any required insurance coverage is inadequate, Service Provider will
obtain such additional insurance coverage as Service Provider deems adequate, at Service
Provider's sole expense.
13.2 General Liability. "General Liability: One million dollars ($1,000,000)
per occurrence for bodily injury, personal injury and property damage. If Commercial
General Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit."
13.3 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.
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.
13.4 Automobile Insurance. Prior to City's execution of this Agreement, Service
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
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, 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.
13.4.1 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 Provider owned vehicles, Service Provider leased vehicles, Service
Provider's employee vehicles, non-Service Provider owned vehicles and hired vehicles.
13.4.2 Prior to City's execution of this Agreement, copies of insurance policies or
original certificates and additional insured endorsements evidencing the coverage required
by 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 the usual form of commercial general and automobile liability insurance policies,
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but shall include the following provisions:
It is agreed that the City of Grand Terrace and its officers, employees and
agents, are added as additional insured's under this policy, solely for work
done by and on behalf of the named insured for the City of Grand Terrace.
13.5 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 $2,000,000 to protect the City from claims resulting from the Service Provider's
activities.
13.6 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 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.
13.7 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.
14. Business Tax. Service Provider is a municipal government and exempt from
the City's Business Tax.
15. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
16. City's Right to Employ Other Service Providers. City reserves the right
to employ other Service Providers in connection with the Services .
17. 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 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.
18. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, 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 Contract Administrator, or as provided by law. Nothing
furnished to Service Provider which is otherwise known to the Service Provider or is
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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 magazine, trade paper,
newspaper, television or radio production, website, or other similar medium without the
prior written consent of the City.
19. Public Records Disclosure. All information received by the Service
Provider concerning this AGREEMENT, including the AGREEMENT, itself, or obtained
pursuant to performance under this AGREEMENT may be treated as public information
subject to disclosure under the provisions of the California Public Records Act,
Government Code Section 6250 et seq. (the "Public Records Act"). The PARTIES
understand that although all materials received in connection with this AGREEMENT are
intended for the exclusive use of the PARTIES, they are potentially subject to disclosure
under the provisions of the Public Records Act at the sole discretion of the Service
Provider.
20. 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. This provision does not alter the terms contained in section
19 of this agreement.
21. 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.
22. 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 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, 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.
23. General Compliance with Laws. Service Provider shall keep fully
informed of 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.
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24. Licenses. At all times during the term of this Agreement, Service Provider
shall have in full force and effect, all licenses required of it by law for the performance of
the services described in this Agreement.
25. Amendments. This Agreement may be modified or amended only by a
written Agreement and/or change order executed by the Service Provider and City.
26. 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, with or without cause. In the event of
such termination, Service Provider may submit 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 16 and 26 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.
26.1 Other than as stated below, City and Service Provider shall provide the
other party thirty(30)days prior written notice prior to termination.
26.2 City may terminate this Agreement upon fifteen (15) days written notice to
Service Provider, in the event:
26.2.1 Service Provider substantially fails to perform or materially breaches
the Agreement; or
26.2.2 City decides to abandon or postpone the Services.
27. PERS Eligibility Indemnification: In the event that Service Provider or any
employee, agent, or subcontractor of Service Provider providing services under this
Agreement claims or is determined by a court of competent jurisdiction or the California
Public Employees Retirement System (PERS)to be eligible for enrollment in PERS as an
employee of the City, Service Provider shall indemnify, defend, and hold harmless City for
the payment of any employee and/or employer contributions for PERS benefits on behalf of
Service Provider or its employees, agents, or subcontractors, as well as for the payment of
any penalties and interest on such contributions, which would otherwise be the
responsibility of City.
28. 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 10 of this Agreement.
29. 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 be tried in a court of competent jurisdiction in the County of San
Bernardino, State of California, or, if applicable, the United States District Court, Central
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District of California, and the parties hereby waive all provisions of law providing for a
change of venue in such proceedings to any 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 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.
30. Nondiscrimination. During Service Provider's performance of this
Agreement, Service Provider shall not discriminate on the grounds of race, religious creed,
color, national 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 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 requirements of the Americans with
Disabilities Act in the performance of this Agreement.
31. 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, 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.
32. Authori : The individuals executing this Agreement and the instruments
referenced 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.
33. 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.
34. 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.
34.1 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.
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34.2 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.
34.3 In the event of a conflict between the body of this Agreement and
Exhibit "1" hereto, the terms contained in Exhibit "1"shall be controlling.
35. 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.
36. Exhibits. The following exhibits attached hereto are incorporated herein
to this Agreement by this reference:
Exhibit"1"-Scope of Work, Schedule,and Fees
IN WITNESS WHEREOF City and Service Provider have caused this
Agreement to be duly executed the day and year first above written.
"CITY" "SERVICE PROVIDER"
CITY OF GRAND TERRACE CITYOF SAN BERNARDINO
By:
Darsy McNaboe, Mayor City Manager
Attest:
Approved As to Form:
Pat Jacquez-Nares, City Clerk
By:
ttomey— San Bernardino
Approved As to Form:
Richard L. Adams II, City Attorney
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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
and control program for the City of Grand Terrace ("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. 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
control matters.
2. Term
The term of the Agreement shall be April 14, 2015 through June 30, 2016. This Agreement
may be extended up to two years at the discretion of the City Manager and the acquiescence
of the Service Provider. If a new Agreement has not been negotiated prior to the termination
date, then San Bernardino may continue to provide the terms of service in this Agreement
for the monthly contract amount of the June 2016 invoice, plus an additional ten (10)
percent of the invoice. The compensation fee or payment amount for services rendered
herein shall be adjusted upward on July 1 not less than 3% and not more than 5% and shall
be based on the Bureau of Labor Statistics' CPI for the Western Region of the United
States. Service Provider shall provide City with the amount of the proposed increase in the
compensation fee in writing 90 calendar days prior to the July I effective date.
3. Consideration
Grand Terrace agrees to compensate San Bernardino $12,461.00 per month (15% of which
will be placed in a shelter improvement fund) for services and work products as defined in
this exhibit for the period January 1, 2015 through June 30, 2016.
4. Impound, Care and Disposal of Does 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:
(a) Enforce all provisions of Grand Terrace City Ordinances pertaining to animals, to
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include issuing warning notices or citations as necessary. San Bernardino may also
file citations directly with the San Bernardino Superior Court. Grand Terrace will
retain all citation revenues. The City Attorney for Grand Terrace will process any
legal action and appear in court, as necessary, on animal related cases. Animal
Control personnel will appear in court, as necessary, on animal related cases when
requested to do so by Grand Terrace and at the expense of Grand Terrace.
(b) Impound all animals caught at large and collect all impound fees assessed.
(c) Remove dead animals from the public right-of-way, except interstate 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 Bernardino will
offer advice in setting a trap in any enclosed space and will remove wild animals
(not including rodents or insects and cats) 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 locate and
impound the suspect animal or animals and or assist the complainant and or injured
party or parties to trap the suspected animal or animals. Report any/all animal bites
and/or attacks to the City of Grand Terrace within 24 hours and same day during
business hours.
(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 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.
(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 large,
confined stray cats or trapped cats. Traps for the purpose of capturing cats shall be
made available to the residents of Grand Terrace. Unless exceptional circumstances
exist, residents of Grand Terrace shall be responsible for obtaining, monitoring and
returning all traps used for this purpose.
(i) 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.
(j) Grand Terrace residents may bring stray, un-owned animals to the San Bernardino
shelter at no charge to the resident.
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(k) Accept and respond to all animal noise complaints.
5. Dog Licensing
Assume all dog licensing duties for Grand Terrace including issuing dog licenses,
recordkeeping, maintain licensing database/program with all licensing and animal control
case information including but not limited to vicious dogs, animal attack/bites, noise
complaints, etc. Perform canvassing and compliance checks for current dog licenses, as per
a program mutually agreed upon with the City Manager or her designee. San Bernardino
Animal Control will be responsible for collecting all license fees and sending out notices for
license renewals. 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 Animal Control and remitted by San Bernardino Animal Control to
Grand Terrace on a monthly basis. Note: cat licensing is optional for Grand Terrace. San
Bernardino Animal Control shall remit all license fees to the City on a monthly basis with a
corresponding report detailing all license fees collected.
6. Animal Care Education and Information Program
On a quarterly basis, by request, San Bernardino will provide public
educational/information programs to Grand Terrace Schools, City employee groups, service
groups and other organizations.
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.
8. Staffing Level and Hours of Service
(a) Field Services
San Bernardino Animal Control shall provide field services by an on-duty Animal Control
Officer sever (7) days a week, excluding holidays, during the hours of 7:00 a.m. to 5:00
p.m. From 5:00 p.m. to 7:00 a.m. and on holidays, San Bernardino Animal Control will
provide on call response to emergency calls for animal control services. Such emergency
on-call services shall include responding to calls regarding injured stray animals, sick stray
animals, Agency assists, stray vicious dogs, loose livestock if a threat to public safety and
wildlife public safety.
Calls to be considered routine and to be handled during the normal course of the officer's
shift and include:
Confined strays
Dead animals
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2015-98
Stray dogs running at large
Humane Animal Cruelty investigations
Animal bites
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.
(b) Shelter Hours and Telephone Line:
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, Monday and holidays. The
shelter's telephone lines are answered Monday through Saturdays from 0900 hrs. to 1700
hrs.
(c) Emergency After-Hours Procedures:
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 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 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
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 control during
regular business hours. San Bernardino personnel will not respond on an emergency basis to
loose animals, dead animals, wildlife, confined strays and sick or injured animals.
._ ---
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9. Inspection
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
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.
_ .__ __. _...............-- _........--------------
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2015-98
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 18th of May, 2015, ("Effective Date") by and between the CITY
OF GRAND TERRACE ("City"), a public entity, and the CITY OF SAN
BERNARDINO, a public entity("Service Provider").
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").
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
June 30, 2016, 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. If a new Agreement has not been negotiated prior to the
termination date, then San Bernardino may continue to provide the terms of service in this
Agreement for the monthly contract amount of the June 2016 invoice, plus an additional
ten (10) percent of the invoice. The compensation fee or payment amount for services
rendered herein shall be adjusted upward on July 1 not less than 3% and not more than 5%
and shall be based on the Bureau of Labor Statistics' CPI for the Western Region of the
United States. Service Provider shall provide City with the amount of the proposed
increase in the compensation fee in writing 90 calendar days prior to the July 1 effective
date.
3. Compensation/Payment. Service Provider shall perform the Services
under this Agreement for fees not to exceed $149,535.00 annually, payable monthly, in
accordance with the terms set forth in Exhibit "1". Fifteen percent (15%) of the annual
compensation, $22,430.25, shall be allocated to the shelter improvement fund. 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 hereof. Service
Provider shall not be compensated for any services rendered in connection with its
performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Service
Provider shall be compensated for any additional services in the amounts and in the
manner as agreed to by City Manager and Service Provider at the time City's written
authorization is given to Service Provider for the performance of said services.
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
_... ...._..................._.1-------- ._._._- _.................... ..__. -
Pau,- 1
5. To City: To Service Provider:
City of Grand Terrace City of San Bernardino
Attn: Barrie Owens Attn: Captain Paul Williams
22795 Barton Road 710 North"D" Street
Grand Terrace, California 92313 San Bernardino, California 92418
6. Prevailing Wage. Service Provider shall abide by all applicable labor laws.
7. 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.
8. 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.
9. 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
professional and timely completion of the Services.
10. Assignment and Subcontracting. Neither party shall transfer any right, interest,
or 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 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 provision making them subject to all provisions stipulated in this
Agreement, including without limitation, the insurance obligations set forth in Section 13.
Service Provider acknowledges that any transfer of rights may require City Manager and/or
City Council approval.
11. Independent Contractor. In the performance of this Agreement, Service
Provider, and Service Provider's employees, subcontractors and agents, shall act in an
independent capacity as independent contractors, and not as officers or employees of the City
of Grand 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 to Service Provider, or to Service Provider's employees, subcontractors and agents.
Service Provider, as an independent contractor, shall be responsible for any and all taxes that
apply to Service Provider as an employer.
12. 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
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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 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.
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, 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 City Attorney and members of his/her office shall be considered as
"attorney fees" for the purpose of this paragraph.
13. Insurance.
13.1 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
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.
13.1.1 Limitations. These minimum amounts of coverage shall not constitute any
limitation or cap on Service Provider's indemnification obligations under Section 12 hereof.
13.1.2 Ratin_ .
s Any insurance policy or coverage provided by Service Provider or
subcontractors as required by this Agreement shall be deemed inadequate and a material
breach 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 A or higher and a Financial Class of VIII or higher.
13.1.3 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
mail, postage prepaid.
13.1.4 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
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believes that any required insurance coverage is inadequate, Service Provider will obtain such
additional insurance coverage as Service Provider deems adequate, at Service Provider's sole
expense.
13.2 General Liability. "General Liability: One million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general aggregate limit
shall be twice the required occurrence limit."
13.3 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.
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.
13.4 Automobile Insurance. Prior to City's execution of this Agreement, Service
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
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, 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.
13.4.1 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 Provider owned vehicles, Service Provider leased vehicles, Service Provider's
employee vehicles, non-Service Provider owned vehicles and hired vehicles.
13.4.2 Prior to City's execution of this Agreement, copies of insurance policies or
original certificates and additional insured endorsements evidencing the coverage required
by this Agreement, for automobile liability insurance, shall be filed with the City and shall
Page 4
include 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:
It is agreed that the City of Grand Terrace and its officers, employees and agents, are added as
additional insured's under this policy, solely for work done by and on behalf of the named
insured for the City of Grand Terrace.
13.5 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$2,000,000 to
protect the City from claims resulting from the Service Provider's activities.
13.6 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 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.
13.7 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.
14. Business Tax. Service Provider is a municipal government and exempt from the
City's Business Tax.
15. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
16. City's Right to Employ Other Service Providers. City reserves the right to
employ other Service Providers in connection with the Services .
17. 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 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.
18. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, 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
Page 5
otherwise directed by City's 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 magazine, trade paper, newspaper, television or radio production,
website, or other similar medium without the prior written consent of the City.
19. Public Records Disclosure. All information received by the Service Provider
concerning this AGREEMENT, including the AGREEMENT, itself, or obtained pursuant to
performance under this AGREEMENT may be treated as public information subject to
disclosure under the provisions of the California Public Records Act, Government Code
Section 6250 et seq. (the "Public Records Act"). The PARTIES understand that although all
materials received in connection with this AGREEMENT are intended for the exclusive use of
the PARTIES, they are potentially subject to disclosure under the provisions of the Public
Records Act at the sole discretion of the Service Provider.
20. 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. This provision does not alter the terms contained in section 19 of
this agreement.
21. 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.
22. 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 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, 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.
23. General Compliance with Laws. Service Provider shall keep fully informed of
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.
24. Licenses. At all times during the term of this Agreement, Service Provider shall
have in full force and effect, all licenses required of it by law for the performance of the
services described in this Agreement.
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25. Amendments. This Agreement may be modified or amended only by a written
Agreement and/or change order executed by the Service Provider and City.
26. 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, with or without cause. In the event of such termination,
Service Provider may submit 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 16 and 26 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.
26.1 Other than as stated below, City and Service Provider shall provide the other
party thirty(30) days prior written notice prior to termination.
26.2 City may terminate this Agreement upon fifteen (15) days written notice to
Service Provider, in the event:
26.3 Service Provider substantially fails to perform or materially breaches the
Agreement; or
26.3.1 City decides to abandon or postpone the Services.
27. PERS Eligibility Indemnification: In the event that Service Provider or any
employee, agent, or subcontractor of Service Provider providing services under this Agreement
claims or is determined by a court of competent jurisdiction or the California Public
Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee
of the City, Service Provider shall indemnify, defend, and hold harmless City for the payment
of any employee and/or employer contributions for PERS benefits on behalf of Service
Provider or its employees, agents, or subcontractors, as well as for the payment of any
penalties and interest on such contributions, which would otherwise be the responsibility of
City.
28. 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.
29. 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 be tried in a court of competent jurisdiction in the County of San Bernardino, State of
California, 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 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
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term or condition 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.
30. Nondiscrimination. During Service Provider's performance of this Agreement,
Service Provider shall not discriminate on the grounds of race, religious creed, color, national
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 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 requirements of the Americans with Disabilities Act in the performance of this
Agreement.
31. 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, 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.
32. Authority: The individuals executing this Agreement and the instruments
referenced 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.
33. 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.
34. 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.
34.1 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.
34.2 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.
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34.3 In the event of a conflict between the body of this Agreement and Exhibit "1"
hereto, the terms contained in Exhibit "1" shall be controlling.
35. 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.
36. Exhibits. The following exhibits attached hereto are incorporated herein to this
Agreement by this reference:
Exhibit "1"- Scope of Work, Schedule, and Fees
IN WITNESS WHEREOF City and Service Provider have caused this Agreement to be duly
executed the day and year first above written.
"CITY" "SERVICE PROVIDER"
CITY OF GRAND TERRACE CITYOF SAN BERNARDINO
- By:
D rcy 1VIcN e, Mayor C Manager
Attest: Approved As to Form:
B
Pat a z-IN ar s, U V1 X7 rk i Attorney—San Bernardino
Approved As to Form:
Richard UAdams II, Cit Attorney
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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 and
control program for the City of Grand Terrace ("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. 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 control
matters.
2. Term
The term of the Agreement shall be April 14, 2015 through June 30, 2016. This Agreement
may be extended up to two years at the discretion of the City Manager and the acquiescence of
Service Provider. If a new Agreement has not been negotiated prior to the termination date,
then San Bernardino may continue to provide the terms of service in this Agreement for the
monthly contract amount of the June 2016 invoice, plus an additional ten (10) percent of the
invoice. The compensation fee or payment amount for services rendered herein shall be
adjusted upward on July 1 not less than 3% and not more than 5% and shall be based on the
Bureau of Labor Statistics' CPI for the Western Region of the United States. Service Provider
shall provide City with the amount of the proposed increase in the compensation fee in writing
90 calendar days prior to the July 1 effective date.
3. Consideration
Grand Terrace agrees to compensate San Bernardino $12,461.00 per month (15% of which
will be placed in a shelter improvement fund) for services and work products as defined in this
exhibit for the period April 14, 2015 through June 30, 2016.
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 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
include issuing warning notices or citations as necessary. San Bernardino may also file
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citations directly with the San Bernardino Superior Court. Grand Terrace will retain all citation
revenues. The City Attorney for Grand Terrace will process any legal action and appear in
court, as necessary, on animal related cases. Animal Control personnel will appear in court, as
necessary, on animal related cases when requested to do so by Grand Terrace and at the
expense of Grand Terrace.
(b) Impound all animals caught at large and collect all impound fees assessed.
(c) Remove dead animals from the public right-of-way, except interstate 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 Bernardino will offer
advice in setting a trap in any enclosed space and will remove wild animals (not including
rodents or insects and cats) 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 locate and impound the suspect
animal or animals and or assist the complainant and or injured party or parties to trap the
suspected animal or animals. Report any/all animal bites and/or attacks to the City of Grand
Terrace within 24 hours and same day during business hours.
(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 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.
(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 large,
confined stray cats or trapped cats. Traps for the purpose of capturing cats shall be made
available to the residents of Grand Terrace. Unless exceptional circumstances exist, residents
of Grand Terrace shall be responsible for obtaining, monitoring and returning all traps used for
this purpose.
(i) 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.
0) Grand Terrace residents may bring stray, un-owned animals to the San Bernardino
shelter at no charge to the resident.
(k) Accept and respond to all animal noise complaints.
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5. Dog Licensing
Assume all dog licensing duties for Grand Terrace including issuing dog licenses,
recordkeeping, maintain licensing database/program with all licensing and animal control case
information including but not limited to vicious dogs, animal attack/bites, noise complaints,
etc. Perform canvassing and compliance checks for current dog licenses, as per a program
mutually agreed upon with the City Manager or her designee. San Bernardino Animal Control
will be responsible for collecting all license fees and sending out notices for license renewals.
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
Animal Control and remitted by San Bernardino Animal Control to Grand Terrace on a
monthly basis. Note: cat licensing is optional for Grand Terrace. San Bernardino Animal
Control shall remit all license fees to the City on a monthly basis with a corresponding report
detailing all license fees collected.
6. Animal Care Education and Information Program
On a quarterly basis, by request, San Bernardino will provide public educational/information
programs to Grand Terrace Schools, City employee groups, service groups and other
organizations.
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.
8. Staffing Level and Hours of Service
(a) Field Services
San Bernardino Animal Control shall provide field services by an on-duty Animal Control
Officer sever (7) days a week, excluding holidays, during the hours of 7:00 a.m. to 5:00 p.m.
From 5:00 p.m. to 7:00 a.m. and on holidays, San Bernardino Animal Control will provide on
call response to emergency calls for animal control services. Such emergency on-call services
shall include responding to calls regarding injured stray animals, sick stray animals, Agency
assists, stray vicious dogs, loose livestock if a threat to public safety and wildlife public safety.
Calls to be considered routine and to be handled during the normal course of the officer's shift
and include:
• Confined strays
• Dead animals
• Stray dogs running at large
• Humane Animal Cruelty investigations
• Animal bites
• Wildlife in human dwellings (not including rodents or insects)
• Miscellaneous calls such as pet shop investigations, sanitation complaints, license checks,
for- fee pick-8ps, courtesy pick-ups etc.
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(b) Shelter Hours and Telephone Line:
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, Monday and holidays. The shelter's
telephone lines are answered Monday through Saturdays from 0900 hrs. to 1700 hrs.
(c) Emergency After-Hours Procedures:
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 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 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
• 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 control during regular business hours. San
Bernardino personnel will not respond on an emergency basis to loose animals, dead animals,
wildlife, confined strays and sick or injured animals.
9. Inspection
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
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.
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