HomeMy WebLinkAbout25- Animal Control CITY OF SAN BERNAnDINO REQUEST Frl COUNCIL ACTION
From: Subject: Contract with City of Fontana for
Deborah L. Biggs, Director Animal Control Services
Dept:
Animal Control
Date:
March 10, 1994
Synopsis of Previous Council action:
August 2 , 1993 - Approval of interim agreement with the City of
Fontana for animal control services.
December 6, 1993 - Approval of extension to interim animal control
contract with the City of Fontana.
February 7, 1994 - Approval of extension to interim contract with the
City of Fontana.
3ecommended motion:
1. Adopt resolution; and
2. Direct Risk Manager to purchase general liability and auto liability
insurance to cover the City of San Bernardino while providing animal
control services for the City of Fontana.
Sgpfatu reiu
:ontact person: neborah Bites Phone: s,27-r'
supporting data attached: yes Ward: NSA
=UNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
1Acct. Description)
Finance:
ouncil Notes:
-0262 Agenda Item No
CITY OF SAN BERN! ZDINO - REQUEST P I COUNCIL ACTION
STAFF REPORT
On February 7th, 1994, the Mayor and Common Council considered a
three-year contract between the cities of San Bernardino and
Fontana for the provision of animal control and shelter services.
San Bernardino has provided these services to Fontana on an interim
basis since August 16, 1993 .
On February 7th, Council raised the issue of indemnification by
Fontana and potential liability for the City of San Bernardino,
expressing concern that the City of San Bernardino would be
potentially liable for actions taken while delivering services to
the City of Fontana. Staff was directed to ensure that the City of
San Bernardino was protected against potential liability with the
proposed three-year contract.
In discussions with the City Attorney's staff, it was proposed that
San Bernardino purchase separate insurance to cover losses that
might arise from the Fontana contract. Risk Management received
estimates of $10,000 annually for an insurance policy covering both
general liability and auto liability resulting from actions taken
by San Bernardino staff on the Fontana animal control contract.
Given the projected revenues from this contract, purchasing
insurance affords the City liability coverage as directed by the
Council at a price that still provides a positive net financial
gain of at least $46,000 for the first year. Risk Management has
made provisions to put the insurance policy into effect upon
execution of the contract.
The contract has a sixty day cancellation provision, so in the
event that the City loses its insurance coverage, the contract can
be canceled or re-negotiated.
'5-0264
Negotiations are taking place to purchase two used vehicles from Riverside
Humane to continue to service the Fontana contract. Even with these two
• additional costs, net revenues for the first year will still be $56, 000.
FISCAL IMPACT
Attached is a three year cost/revenue analysis for the contract. To meet the
service provisions of the contact, six (6) full time positions will be added
to the staff. Currently, five (5) of the positions are filled with
provisional appointments to accommodate the interim contract. Recruitment
for these positions have been completed; the testing process is scheduled to
begin at the end of January. Permanent employees will not be appointed unless
and until the final contract is approved. These positions will remain filled
contingent upon an ongoing contract with Fontana.
Revenues will be derived from the contract fee and shelter services, which
includes owner surrender fees and redemptions.
Year One Year Two Year Three
Projected Revenue $ 283,200 $ 305,400 $ 326, 688
Projected Expenses <227 ,077> <218 , 177> <237,295>
Net Revenue $ 56, 113 $ 87,223 $ 89, 393
Total net projected revenue for the three (3) year contract is $ 232,729.
This does not include potential revenue from the dog license program; the
details of this program are being negotiated and will be presented as an
amendment to the agreement at a later date.
ANIMAL ADVISORY COMMISSION RECOMMENDATION
On December 8, 1994, the Animal Advisory Commission discussed the proposed
three (3) year contract. A motion was made (Pamela Devlin/James Lorenz)
"that the Commission recommend that the City be encouraged to enter into an
agreement with the City of Fontana for Animal Control Services; and that the
Commission feels the project is of such importance that the City should be
agreeable to assuming some risk, if necessary, given the excellent loss ratio
of the Department of Animal Control, according to the Risk Manager. " (see
Attachment B, memo from Victor Lorch regarding Animal Control liability
claims) . The motion passed unanimously of those present.
CONCLUSION
San Bernardino Animal Control Division has been providing services to the
City of Fontana for over three months. Fontana has been extremely satisfied
with our services, and the contract has provided a revenue stream to offset
indirect and direct administrative costs. It is recommended that the City
approve the three (3) year Animal Control contract with the City of Fontana.
Attachment A
FONTANA CONTRACT
FISCAL REPORT
August 16, 1993 to November 30, 1993
INITIAL PROJECTIONS 3.5 months
REVENUE
Contract $ 77,000
Shelter Services 5, 600
Total Projected Revenue $ 82, 600
EXPENDITURES
Salaries < 35,542>
MS&S < 12,561>
Total Projected Expenditures <48, 103>
TOTAL PROJECTED NET REVENUE 3 .5 months $ 34,497
-----------------------------------------------------------------
ACTUAL
REVENUE
Contract 77, 000
Shelter Services 5,628
Total Revenue 82, 628
EXPENDITURES
Salaries < 28,210>
MS&S < 8, 123>
Total Expenditures <36,333>
NET REVENUE $ 46,295
Attachment B
CITY or SAN BERNARDINO �
INTLROrFICE MFG 40RANDLM
TO: DEBI BIGGS, DIRECTOR OF ANIMAL CONTROL
r
SUBJECT: LIABILITY CLAIMS HISTORY FOR THE PAST 10 YrARS,
FROM: VICTOR F. LORCH, DIRECTOR OF RISK MANAGEMENT { �..•
DATE. December 3 , 3993
�..
COPIES: 5hauna Clark, City Administrator; Prod Wilson, Asst. City
Administrator; Tom Cain, Risk Management
Per your request, we have researched the number of claims presented
against Animal Control for the past 10 years. During this time
period there have been a total of 36 claims, with average claim
payment of $827. Your department has a loss ratio of . 009, one of
the lowest in the City.
With regards to Workers Compensation, your department again has one
of lowest loss ratios in the city.
Your department has participated in the Defensive Driving Program
and has had no major accidents within the last 10 years.
From an insurance standpoint, your department would be an ideal
candidate to take on contracting Animal Control services for other
cities, based upon your previous claims history.
If I could be of further service, please call me.
Z0d U6# 2e179-beZ-606:0N 121 00HiN00 1dW I Nd'H'S:Q I T T :ST (13M 176,-6T-Ndf —
I
CITY OF SAN BERN/" RDINO - REQUEST F^R COUNCIL ACTION
I
From: Deborah L. Biggs, Director Subject: Contract with the City of Fontana
for Animal Control Services
D Animal Control
Date: January 20 , 1994
Synopsis of Previous Council action:
August 2 , 1993 - Approval of interim agreement with the City of
Fontana for animal co t;-ol services .
December 6 , 1993 - Approval of e.>t n�._�z to interim animal control
agreement wi-,11 the. City of Fontana.
Recommended motion:
Adopt Resolution.
SiVoure
Contact person: Deborah Bigccrs Phone: 5275
Supporting data attached: yes Ward: N/A
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct Description)
Finance:
Co-incil Notes: r 1X-2-
75-0262 Agenda Item No._
CITY OF SAN BERN Ak RDINO - REQUEST r1R COUNCIL ACTION
STAFF REPORT
FONTANA CONTRACT
The City of San Bernardino Animal Control Division recently proposed and was
selected to provide animal care and control services for the City of Fontana
for a period of three (3) years, beginning January 1, 1994 . The City has
provided these same services on an interim basis since August 16, 1993 .
BACKGROUND
Until recently, the City of Fontana contracted with Riverside Humane to
provide animal care and control services within their City. Over the past
year, complaints regarding animal control services increased dramatically and
Fontana requested that San Bernardino provide services on an interim basis
from August to December, 1993 . This interim contract was approved by the
Mayor and Common Council in August, 1993 . Since that time, San Bernardino
has provided animal control services in Fontana seven days per week as well
as emergency call out when necessary. Fontana is very satisfied with the
services and the contract has been financially successful for San Bernardino.
Original net revenues for the interim contract were projected to be $34, 497 .
Actual net revenues for the interim contract have been $46, 295, an increase
over staff projections of 34% (see Attachment A for detailed cost/revenue
analysis) .
Because of the success of the interim contract, Fontana invited San
'3ernardino to bid on a three-year contract, beginning January 1, 1994 . San
Bernardino was the only bidder and Fontana and San Bernardino began
negotiations on contract details. The interim contract was extended until the
end of February in order to provide coverage to Fontana during the
negotiating of the three (3) year contract.
In the past, San Bernardino Animal Control has provided animal housing under
contract for surrounding jurisdictions, including Redlands, Rialto and San
Bernardino County. The contracts generated an average of $134 , 000 annually.
Currently, we provide shelter services to the cities of Colton and Loma Linda
for an average of $32 , 150 annually. Department history has shown contracts
to be a viable source of revenue for the city and has significantly reduced
the General Fund contribution to Animal Control.
SERVICES PROPOSED
San Bernardino Animal Control will provide full service animal care and
control to the City of Fontana, including stray animal control, animal
licensing, bite case and rabies investigations, dead animal disposal, cruelty
investigations, pet establishment inspections and after-hours emergencies.
The proposed contract will differ from the interim contract in that one
additional position will be added, Shelter Operations Manager. This is an
existing position that has remained unfilled since December 1991. With the
additional staff and animals being cared for over a long term period, it is
necessary to refill the position. Also, staff was using old animal control
iehicles for the interim contract, but these need to be retired.
75-0264
N e
Negotiations are taking place to purchase two used vehicles from Riverside
Humane to continue to service the Fontana contract. Even with these two
additional costs, net revenues for the first year will still be $56, 000.
FISCAL IMPACT
Attached is a three year cost/revenue analysis for the contract. To meet the
service provisions of the contact, six (6) full time positions will be added
to the staff. Currently, five (5) of the positions are filled with
provisional appointments to accommodate the interim contract. Recruitment
for these positions have been completed; the testing process is scheduled to
begin at the end of January. Permanent employees will not be appointed unless
and until the final contract is approved. These positions will remain filled
contingent upon an ongoing contract with Fontana.
Revenues will be derived from the contract fee and shelter services, which
includes owner surrender fees and redemptions.
Year One Year Two Year Three
Projected Revenue $ 283 , 200 $ 305, 400 $ 326, 688
Projected Expenses <227 , 077> <218 , 177> <237 , 295>
Net Revenue $ 56, 113 $ 87 , 223 $ 89 , 393
Total net projected revenue for the three (3) year contract is $ 232 , 729.
This does not include potential revenue from the dog license program; the
details of this program are being negotiated and will be presented as an
amendment to the agreement at a later date.
ANIMAL ADVISORY COMMISSION RECOMMENDATION
On December 8 , 1994 , the Animal Advisory Commission discussed the proposed
three (3) year contract. A motion was made (Pamela Devlin/James Lorenz)
"that the Commission recommend that the City be encouraged to enter into an
agreement with the City of Fontana for Animal Control Services; and that the
Commission feels the project is of such importance that the City should be
agreeable to assuming some risk, if necessary, given the excellent loss ratio
of the Department of Animal Control, according to the Risk Manager. " (see
Attachment B, memo from Victor Lorch regarding Animal Control liability
claims) . The motion passed unanimously of those present.
CONCLUSION
San Bernardino Animal Control Division has been providing services to the
City of Fontana for over three months. Fontana has been extremely satisfied
with our services, and the contract has provided a revenue stream to offset
indirect and direct administrative costs. It is recommended that the City
approve the three (3) year Animal Control contract with the City of Fontana.
C I T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
TO: Mayor and Common Council
FROM: Frank L. Rhemrev, Deputy City Attorney
DATE: February 3, 1994
RE: Animal Services Agreement with Fontana
In August 1993, the City and Fontana entered into an agreement
wherein the City was to provide animal control services to Fontana.
This agreement contained an indemnification provision through which
Fontana would "indemnify, defend, and hold harmless" the City from
liability except in cases of "sole negligence or willful
misconduct" . This agreement was extended until the end of February
on December 6, 1993.
In November of 1993, this office was contacted by Fontana' s
attorneys who wanted to renegotiate the indemnification provision
of the agreement by deleting the word "sole" preceding the word
"negligence" . In accordance with the instruction from the Ways and
Means Committee that the City must be fully protected, this office
could not agree to delete the word "sole" as legally such a
deletion would not provide the full protection sought. An impasse
was reached and the attorneys for Fontana decided to just bring the
agreement before Fontana' s Council and let them decide. Fontana
deleted the word "sole" and approved the agreement. Without
formally advising of the change, the agreement was sent to the City
for approval.
This office will not approve the agreement with the deletion of the
word "sole" preceding the word "negligence" due to the legal
implications involved.
The effect of deleting the word "sole" would provide an exception
to Fontana' s duty to indemnify the City whenever the City is deemed
"negligent" . Thus even though there is concurrent negligence on
the part of the City and Fontana, Fontana would not have to
indemnify the City. Such would be the case even if the City was
only 1% negligent and Fontana 99% negligent.
Instances of actual joint liability will probably not be
commonplace. However it is not uncommon for a plaintiff to name
all involved public entities as defendants and thus the issue of
"negligence" and the question of whether indemnification is owed
will probably arise in every claim or lawsuit.
Frafik L. Rhemrev
FLR/js [2Fontana.Mem]
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
XECUTION OF AN AGREEMENT WITH THE CITY OF FONTANA FOR ANIMAL CARE
3 D CONTROL SERVICES.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
AN BERNARDINO AS FOLLOWS:
5
SECTION 1. The Mayor of the City of San Bernardino is hereby
6 uthorized and directed to execute on behalf of said City an
7
Agreement with the City of Fontana relating to animal care and
8
control services, a copy of which is attached hereto, marked
9
xhibit "A" and incorporated herein by reference as fully as though
10 set forth at length.
11 I HEREBY CERTIFY that the foregoing resolution was duly
12 adopted by the Mayor and Common Council of the City of San
13 Bernardino at a meeting thereof, held on the day
14 of , 1994 , by the following vote to wit:
15 Council Members AYES NAYS ABSTAIN ABSENT
16 EGRETE
17 CURLIN
18 HERNANDEZ
19 OBERHELMAN
20 DEVLIN
21 POPE-LUDLAM
22 MILLER
23
24 / City Clerk
25
26
27
28
1-19-94 -1-
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CITY OF FONTANA FOR ANIMAL CARE
2 AND CONTROL SERVICES.
3 The foregoing resolution is hereby approved this day of
4 , 1994 .
5
Tom Minor, Mayor
6 Approved as to form City of San Bernardino
and legal content:
7
JAMES F. PENMAN
8 City Attorney
9 By:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1-19-94 -2-
ANIMAL CONTROL SERVICES AGREEMENT
THIS AGREEMENT is made this day of , 1994,
between the City of Fontana, a municipal corporation ( hereinafter
"Fontana" ) and City of San Bernardino, a Municipal Corporation
( hereinafter "San Bernardino" ) .
WHEREAS, Fontana desires to provide for a city wide Animal
Care and Control Program, and
WHEREAS, San Berr: rdino has the knowledge, skills, resources
and experience that qualify it to conduct a city wide Animal Care
and Control Program.
NOW, THEREFORE, FONTANA AND SAN BERNARDINO MUTUALLY AGREE
THAT:
1 . San Bernardino Services
San Bernardino will perform certain services as set out
herein to develop and implement the following:
City Wide Animal Care and Control Program
2 . Scope of Services
( a) San Bernardino will perform the work as set out in
the following Scope of Services included in the contract as Exhibit
1.
(b) Fontana, with the express written consent of San
Bernardino may modify the Scope of Work to be performed under this
agreement. .
( c) Anything not included in Exhibit 1 shall constitute
extra work. The price to be paid by Fontana for any work performed
FLR/aL[Fontana2.Agr2
pursuant to a modification of this Agreement or for extra work,
shall be as agreed upon by Fontana and San Bernardino, in writing,
at the time of such modification. No work shall be performed by
San Bernardino as a modification or extra work until an agreement
for same, including the price, has been executed by San Bernardino
and Fontana and approved by their respective Mayors and Councils .
3 . Consideration
(a) Fontana agrees to compensate San Bernardino for
services and work products as defined in Exhibit 1, Scope of
Services , in the amount not to exceed $264, 000 . 00 for the period of
January 1 , 1994 through December 31 , 1994; for the period of
January 1 , 1995 to December 31 , 1995 , the amount shall not exceed
$283 , 800 . 00; and for the period of January 1 , 1996 to December 31,
1996 , the amount shall not exceed $305 , 085 . 00 .
Fontana shall not be required to pay any amounts in
excess of this sum, whether for copying costs , incidental, direct
or indirect costs or any type incurred by San Bernardino. This
section shall not limit the ability of the parties to amend this
agreement to provide for extra work in the manner set forth in
Paragraphs 2 (b) and 2 ( c) .
(b) San Bernardino shall submit invoices to Fontana on a
monthly basis in the amount of $22 , 000 . 00 per month for the period
of January 1 , 1994 to December 31 , 1994; $23 , 650 . 00 per month for
the period of January 1 , 1995 to December 31 , 1995 ; and $25, 423 . 75
per month for the period of January 1 , 1996 to December 31, 1996 .
FLR/aLCFontana2.Agr7
The total project cost shall not exceed the above
referenced amounts unless additional work is requested in writing
by Fontana.
( c ) Fontana shall promptly review invoices and notify San
Bernardino of any objection thereto; absent such objection in
writing within ten ( 10 ) days of the date of the invoice, the
invoices shall be deemed proper and acceptable.
(d) If Fontana fails to pay San Bernardino within thirty
( 30 ) working days after the invoices are submitted, Fontana agrees
San Bernardino shall have the right, after written notice to
Fontana, to consider such default in payment a material breach of
this entire agreement . Fontana shall have ten ( 10) days following
date of such written notice within which to correct such breach.
If Fontana continues to fail to make payment, the duties,
obligations and responsibilities of San Bernardino under this
Agreement are terminated. Such termination by San Bernardino does
not release Fontana from the duty and obligation to pay San
Bernardino for services rendered according to section 3 (a) , (b)
above .
(e ) Fontana may withhold payment of any disputed sums
until satisfaction of the dispute with respect to such payment.
Such withholding shall not be deemed to constitute a failure to pay
as that term is used in subparagraph 3 (d) . San Bernardino shall
not discontinue its work for a period of thirty ( 30 ) days from the
date of withholding, as a result of such withholding. San
Bernardino shall have immediate right of appeal to the Mayor and
FLR/aLCFontana2.Agr1
City Council of Fontana with respect to such disputed sums . The
determination of the Mayor and City Council with respect to such
matter shall be final . San Bernardino shall be entitled to
receive interest on any withheld sums at the rate of seven percent
( 7% ) per annum from date of withholding of any amounts found to
have been improperly withheld.
4 . Personnel
San Bernardino represents that it possesses the
professional and technical. personnel required to perform the
services required by this Agreement . San Bernardino shall not
subcontract for any additional personnel without prior written
approval of Fontana .
5 . Personnel Substitutions
All the services described in Exhibit 1 shall be performed
by San Bernardino or under its supervision. San Bernardino agrees
that all personnel engaged in performing the services are fully
qualified and are authorized or permitted under state and local law
to perform such services .
6 . Termination
If either party fails to perform any duties or obligations
imposed on it by this contract and said failure continues for sixty
( 60 ) days after written notification by the other, then this
contract will be in total breach and said other party may terminate
this contract immediately thereafter .
Either party at any time may terminate this contract
without cause upon the giving of sixty ( 60 ) days prior written
FLR/aL[Fontana2.Agr]
notice to the other of such intent to terminate . Both parties must
give at least sixty ( 60 ) days prior written notice of intent not to
renew the contract . In such event, San Bernardino shall be paid
for the work performed under the Agreement to date of termination.
San Bernardino further covenants to give its good faith
cooperation in the transfer of the work to any other consultant or
service provider employed by Fontana following termination
hereunder and to participate in such reasonable number of meetings
at no cost to Fontana as shall be deemed necessary by Fontana to
effectively accomplish such transfer.
7 . Cooperation
Fontana agrees to reasonably cooperate with San Bernardino
in San Bernardino' s performance of duties under the contract.
8 . Fontana ' s Responsibilities
Fontana shall furnish to San Bernardino maps, existing
studies , ordinances , data and other existing information and
materials in Fontana' s possession as shall be determined by San
Bernardino that is necessary for San Bernardino to complete the
work contemplated by this Agreement. Fontana further agrees to
provide all such materials in a timely manner so as to not cause
delays in San Bernardino ' s work schedule.
9 . Indemnification
Fontana agrees and promises to indemnify, defend and hold
harmless San Bernardino, its officers , employees and agents , from
and against all actions , claims , demands, lawsuits , and liability
for damages to persons or property that may be asserted or claimed
FLR/alCFontana2.Agr3
by any person, firm, entity, corporation, political subdivision, or
other organizations arising out of or in connection with the
provision of the services by San Bernardino, operations or
activities of San Bernardino, its officers , employees or agents,
but excluding such actions , claims , demands , lawsuits and liability
for damages to persons or property arising from the negligence
or willful misconduct of San Bernardino, its officers , employees or
agents .
10 . Warranty
San Bernardino makes no warranty, either express or
implied, as to its findings , recommendations, plans , reports ,
professional advice or other work except that the work was
performed in accordance with generally accepted standards of
practice in effect at the time of performance.
11 . Worker' s Compensation Insurance
San Bernardino shall cover its employees with Workers '
Compensation insurance and ensure that the employees of any of its
subcontractors are covered by workers compensation insurance in an
amount and form to meet all applicable requirements of the Labor
Code of the State of California. Fontana shall not provide
workers ' compensation insurance for any San Bernardino employee,
agent or subcontractor under any circumstances whatsoever.
Furthermore, notwithstanding any other provisions set forth herein,
Fontana shall not indemnify, defend, or hold harmless SAN
BERNARDINO, its officers, employees , agents or subcontractors for
workers ' compensation claims .
FLR/aLCr'ontana2.Agr7
12 . Prohibition Against Transfers
(a) San Bernardino shall not assign, sublease,
hypothecate, or transfer this Agreement or any interest therein
directly or indirectly, by operation of law or otherwise without
the prior written consent of Fontana. Any attempt to do so without
said consent shall be null and void, and any assignee, sublessee,
hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
13 . Anti-Discrimination
San Bernardino certifies and agrees that all persons
employed by San Bernardino are and will be treated equally by San
Bernardino without regard to or because of race, religion,
ancestry, national origin, handicap, or sex and compliance with
State and Federal Anti-Discrimination laws .
14 . Independent Contractor
San Bernardino shall be an independent contractor and not
an employee, nor shall any of its employees , agents or
subcontractors be an employee of Fontana.
15 . Conflict of Interest
(a) San Bernardino or its employees may be subject to
the provisions of the California Political Reform Act of 1974 (the
"Act" ) , which ( 1 ) requires such persons to disclose financial
interest that may foreseeably be materially affected by the work
performed under this Agreement, and (2 ) prohibits such persons
from making or participating in making decisions that will
foreseeably financially affect such interest.
FLR/aL[Fontana2.AgrJ
(b) San Bernardino shall conform to all requirements of
the Act. Failure to do so constitutes a material breach and is
grounds for termination of the Agreement by Fontana.
16 . Term
The term of this agreement shall be for three ( 3 ) years
commencing on January 1 , 1994 , and terminating on
December 31, 1996 . The parties may mutually agree to extend the
contract on an interim basis if a new agreement is not reached by
December 31 , 1996 . Such interim extension shall be at the monthly
contract amount for December, 1996, plus ten percent ( 10% ) until a
new contract is established.
17 . Invalidation
In the event any provision of this Agreement shall be
held to be invalid and unenforceable, the other provisions of this
Agreement shall be valid and binding on the parties thereto.
18 . Notices
Any notice required or desired to be given pursuant to
this Agreement shall be given in writing, and sent by certified
mail , return receipt requested, addressed as follows :
Fontana San Bernardino
City Manager Director of Animal Control
City of Fontana City of San Bernardino
8353 Sierra Avenue 333 Blood Bank Road
Fontana, CA 92335 San Bernardino, CA 92408
( 909 ) 350-7654 ( 909 ) 384-5048
Any notice so given shall be considered served on the other
' party three ( 3 ) days after date of mailing.
FLR/aL[Fontana2.Agr]
The address for notice may be changed by giving written notice
pursuant to this paragraph.
19 . Understandina
There are no understandings or agreements except as
expressly stated herein.
20 . Enforcement
This Agreement shall be construed and enforced in
accordance with the laws of the State of California.
21 . Entire Agreement
This contract constitutes the entire Agreement between
Fontana and San Bernardino and may be modified only by further
written agreement between the parties .
IN WITNESS WHEREOF, the parties hereto have accepted, made and
executed this Agreement upon the terms, conditions and provisions
above stated, the day and year first above written.
CITY OF FONTANA CITY OF SAN BERNARDINO
A Muni ipal poration A Municipal Corporation
By: By:
G e ereaux Tom Minor
Ci anager Mayor
Shauna Clark
City Administrator
APPROVED AS TO FORM APPROVED AS TO FORM AND
AND LEGAL CONTENT: LEGAL CONTENT:
P. Aeawz
Clark H. Alsop James F. Penman
Stephen P . Deitsch City Attorney
City Attorney CITY OF SAN BERNARDINO
CITY OF FONTANA
FLR/aL[F0ntana2.Agr7
Samuel C. Scott
Interim Chief of Police
obert A. Graham
RISK MANAGER
FLR/aLCFontana2.Agr3
EXHIBIT "I"
CITY OF FONTANA
SCOPE OF SERVICES
ANIMAL CARE AND CONTROL
1. City Ordinance
The City of San Berardino will provide a comprehensive animal control and animal welfare program for
the City of Fontana under the existing provisions of Fontana's city ordinances prescribing procedures and
standards for licensing, impounding, regulation and control of dogs and other domestic and wild animals
as stated in Chapter 5 and Chapter 17, section 3d. Further, the City of San Berardino will assist the City
of Fontana in drafting and implementation of new or revised animal control ordinances as required by the
City.
2. Term
The term of the agreement shall be from January 1, 1994 through December 31, 1996.
3. Impound Care and Disposal of Dogs and Other Domestic and Wild Animals
The City of San Bernardino will operate an animal control program for the City of Fontana consisting of
the following three activities: field services, shelter services, and licensing. In the conduct of this program,
the City of San Bernardino will perform the following specific functions:
(a) Enforce all provisions of the City of Fontana's existing ordinances pertaining to animals, including
the issuing of warning notices or citations as necessary. If the San Bernardino County Court,
Fontana Division is agreeable, citations will be processed through the City of San Bernardino as
their own Clerk of the Court. All citation revenues will be retained by the City of San Bernardino
under this system. Should San Bernardino be unable to use their own citations system, San
Bernardino will file citations directly with the Court. The Fontana City Attorney will appear in
court, as necessary, on contested citations.
Any legal action requiring the filing of"long form complaints" will be processed by the Fontana
City Attorney. San Bernardino will provide any and all information to the attorney necessary to
file the complaint.
All Penal Code violations (i.e. cruelty to animals) and other state code violations will be filed
through the San Bernardino County District Attorney's office.
San Bernardino may, from time to time, call upon the Fontana City Attorney for advice and
guidance.
(b) Impound all animals caught at large and collect all impound fees assessed.
(c) Remove dead animals from the public right-of-way, except State and Federal highways.
(d) Respond to requests for assistance in the trapping and removal of domestic or wild animals from
public or private property. The City of San Bernardino will offer advice in setting a trap in any
enclosed space and will remove wild animals caught in a trap, but shall not be required to move
belongings or maintain on-premises surveillance unless in the opinion of the Director of Animal
Control or his/her representative there is a direct,clear and present danger to human life. The City
of San Bernardino is not required to provide traps or remove domestic animals caught in a trap,
but may do so as resources permit. The City of San Bernardino shall not be required to provide
vector control.
(e) Investigate renorted animal bites and quarantine as prescribed by law all biting animals and animals
suspected to rabid. The City of San Bernardino shall tak( propriate 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.
(f) Provide euthanasia services as required for animals held three (3) days if these animals are not
reclaimed by their owners and are deemed unsuitable by the City of San Bernardino for adoption.
All impounded animals will be scanned for InfoPet microchips. Animals with identification,
licenses or microchips will be held for 10 days and attempts will be made to contact the owner.
At no time will animals be sold for research programs.
(g) Respond to every call for service either by an animal control officer, letter or phone call.
(h) Cats: The City of San Bernardino will not be required to respond to calls of cats running at large,
nor will they be required to pick up confined stray cats, except in cases with exceptional
circumstances.
(i) All services to City of San Bernardino residents for which there is a fee shall be made available
to City of Fontana residents for the same fee.
(j) City of Fontana residents may bring stray, unowned animals to the shelter at no charge to the
resident.
4. Dog Licensing Program
San Bernardino will sell dog licenses to Fontana residents. Licenses may be purchased at the shelter or
through the mail. Fontana residents redeeming their dog(s) will be required to purchase a licence prior
to the dog's release. San Bernardino will conduct two (2) low cost rabies vaccination clinics in Fontana
annually. All licensing revenue will be remitted to the City of Fontana.
5. Low Cost Spay/Neuter and Rabies Vaccination Program
San Bernardino will collect a refundable spay/neuter deposit as required by state law for each animal
adopted from the shelter. A refundable rabies vaccination deposit will be collected for all animals returned
to their owners. The animal owner will be referred to local veterinarians for spay/neuter surgeries and
vaccinations as the shelter does not have a veterinarian on staff at the present time. Further, any person
who adopts an animal from the shelter will receive a certificate for a free health examination from a local
veterinarian.
6. Animal Care Education and Information Program
San Bernardino will provide educational/informational programs and information to the Fontana Schools,
City employee groups (such as "How to Prevent Dog Bites" for the meter readers), service groups and
other organizations, upon request.
7. Veterinary Services Programs
Private veterinary services will be provided by the City of San Bernardino for the care of impounded,
injured and sick animals. The cost of this service will be included in the contract price.
8. Toll Free Number
The City of San Bernardino is not a toll call for Fontana's residents. Therefore, a toll free number is not
required.
9. Staffing Levels and H(-,lrs of Service
A. Field Services
San Bernardino will provide field services for Fontana seven(7)days per week. Routine services will be
performed Monday through Friday, 8:15 a.m.-5:15 p.m., and Saturday, Sunday and holidays 8:00 a.m.-
5:00 p.m. San Bernardino will provide emergency call-out 5:00 p.m. to 8:00 a.m. daily(see below). The
City of Fontana will supply a minimum of two (2) hand-held radios and chargers to be kept at the San
Bernardino Animal Shelter for Sunday and holiday dispatch and for emergency contact. (Note: San
Bernardino does not have dispatching capabilities on Sundays and holidays at this time. Fontana Police
dispatch may contact field personnel via the radio on these days for service.)
It is proposed to have two(2) Animal Control Officers assigned to Fontana Monday through Saturday and
one (1) on Sundays and holidays, providing 104 hours of service. This does not include after hours
emergencies, but may also include time off for vacation, sick leave and floating holidays.
Calls considered routine, to be handled within a 24 hour time frame include:
Confined strays
Dead animals
Reported stray dogs (running at large)
Humane investigations
Low risk bite case quarantine
Rabies quarantine release
Miscellaneous calls such as pet shop investigations,sanitation complaints,license checks,courtesy
pick-ups, etc.
Calls considered as emergencies during normal working hours, to be handled without delay (normally
within 30 minutes) include:
Sick or injured stray animals
Stray high risk animal bites
Dogs on school grounds during school hours
Traffic hazards
Agency assists
Vicious dogs at large
B. Shelter Hours
The City of San Bernardino Shelter shall be open to the public Monday through Friday, 10:00 a.m. -
5:00 p.m., and Saturday from 10:00 a.m.-4:00 p.m. The shelter shall be closed Sundays and holidays. A
24 hour recorded telephone message (909-384-5385)will contain information for Fontana residents.
C. Emergency After-Hours Procedure
Procedures for after-hour emergencies are as follows: The reporting party(RP)will contact Fontana Police
Department. 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 Fontana Police, obtain the RP's name and
phone number, and follow-up with the RP for additional information. Unless requested by Fontana, 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 Fontana Police or Fire, an ACO will automatically respond. The
ACO will maintain radio contact with Fontana Police Department using Fontana's radios. San
Bernardino will provide a monthly listing of on-call personnel.
San Bernardino will provide personnel to train Fontana's dispatchers in on-call procedures, as requested.
Emergency C°11 Criteria
Stray, Injured Cat or Dog
Agency Assists (Police, Fire, Coroner)
Stray Vicious Dogs (after verification by on-duty FPD officer)
Loose Livestock if a threat to public safety
If the dispatcher determines that the call does not meet emergency call criteria, the RP will be instructed
to contact the shelter during regular business hours. San Bernardino personnel will not respond on an
emergency basis to loose animals, dead animals, wildlife, confined strays and owned sick or injured
animals.
10. Inspection
Designated personnel from the City of Fontana may, at any time, inspect the office, shelter, vehicles and
any other facilities connected to the servicing of this contract.
11. Reclaimed Animals
Animals reclaimed by their owners will be charged redemption fees in accordance with current City of San
Bernardino resolutions. Such fees will be retained by the City of San Bernardino.
12. Unnecessary Noises - Chapter 17, Section 3(d)
The City of San Bernardino will enforce the provisions of the above Fontana Municipal Code in the
following manner:
(a) When a complaint is received regarding an alleged violation of this ordinance, a letter will be sent
to the owner of the animal(s) and the complainant will receive a copy of the letter. The
complainant will be advised to keep a log of dates/times the offense occurs.
(b) If a second complaint is received, a second letter will be mailed.
(c) If a third complaint is received, San Bernardino will forward copies of the file to Fontana's legal
counsel requesting the owner of the animal(s) be "long formed" for violation of said ordinance.
Fontana's legal counsel will then process the case in the Valley District Court. San Bernardino
personnel will not appear in court with Fontana's legal counsel and the complainants on barking
dog/crowing rooster cases, but will assist whenever necessary.
Attachment A
FONTANA CONTRACT
FISCAL REPORT
August 16, 1993 to November 30, 1993
INITIAL PROJECTIONS 3 . 5 months
REVENUE
Contract $ 77 , 000
Shelter Services 5, 600
Total Projected Revenue $ 82 , 600
EXPENDITURES
Salaries < 35, 542>
MS&S < 12 , 561>
Total Projected Expenditures <48 , 103>
TOTAL PROJECTED NET REVENUE 3 . 5 months $ 34 , 497
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ACTUAL
REVENUE
Contract 77 , 000
Shelter Services 5, 628
Total Revenue 82 , 628
EXPENDITURES
Salaries < 28 , 210>
MS&S < 8 , 123>
Total Expenditures <36, 333>
NET REVENUE $ 46, 295
a
Attachment B
CITY OF SAN BERNA.RDINO �-
INTEA4FFICE MEMORANDUM
TO: DEBI BIGGS, DIRECTOR OF ANIMAL CONTROL f
SUBJECT: LIABILITY CLAIMS HISTORY FOR THE PAST 10 YEARS.
FROM: VICTOR F. LORCH, DIRECTOR OF RISK MANAGEMENT �� �•
DATE: December 3 , 1993
COPIES: Shauna Clark, City Administrator: Fred Wilson, Asst. City
Administrator; Tom Cain, Risk Management
Per your request, we have researched the number of claims presented
against Animal Control for the past 10 years. During this time
period there have been a total of 36 claims, with average claim
payment of $827 . Your department has a loss ratio of . 009 , one of
the lowest in the City.
With regards to Workers Compensation, your department again has one
of lowest loss ratios in the city.
Your department has participated in the Defensiva Driving Program
and has had no major accidents within the last 10 years.
From an insurance standpoint, your department would be an ideal
candidate to take on contracting Animal Control aerviaas for other
cities, based upon your previous claims history.
If I could be of further service, please call tee.
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