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HomeMy WebLinkAbout22- Animal Control CIS' OF SAN EERNARDINO - REQUEST FOR COUNCIL ACTION From: Deborah L. Biggs Subject: Resolution of the City of San Bernardino Director of Animal Control authorizing the execution of an agreement with Dept: Animal Control the City of Fontana for Animal Care and Control Services. Date: 11-22-96 Synopsis of Previous Council action: 8-2-93 Resolution 93-287 adopted for interim contract (8-16-93 to 12-31-93) 3-21-94 Resolution 94-69 adopted for three (3) year contract Recommended motion: Adopt Resolution �fTP3..L�'3 rs � 8. W F Signature Contact person: Deborah L. Biggs Phone: 384-5048 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: n/a Source: (ACCT. NO. ) (ACCT. DESCRIPTION) Finance: Council Notes: Res 96- �a r� � Agenda Item No. 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 an additional two (2) year period beginning January 1, 1997 . In the past, San Bernardino has provided animal housing under contract for surrounding jurisdictions, including Redlands, Rialto and San Bernardino County. Currently, animal housing services are provided to the cities of Colton and Loma Linda as well as full service animal control to the city of Fontana. San Bernardino has gone through some lean budgets the last few years. Department history has shown contracts to be a viable source of revenue for the city; the contracts have significantly reduced the General Fund contribution to Animal Control. The contracts have provided a revenue stream to offset indirect and direct administrative costs. Continuing a contract with the City of Fontana will further reduce Animal Control's overhead costs and help make the department more self-supporting. This, in turn, frees up General Fund dollars for other departments. The proposed contract with the City of Fontana will provide the city with an additional $178, 600 over the next two years. BACKGROUND In June 1993 , Fontana requested that San Bernardino provide animal care and control services on an interim basis, from August to December, 1993 . This interim contract was approved by the Mayor and Common Council in August, 1993 . Because of the success of the interim contract, Fontana invited San Bernardino to bid on a three (3) year contract to provide services beginning January 1, 1994 . San Bernardino was awarded the contract which will expire December 31, 1996. FISCAL IMPACT To meet the service provisions of the original contract, six (6) full time positions were added to the department--one (1) Animal Shelter Operations Manager, three (3) Animal Control Officers, one (1) Animal Shelter Office Specialist and one (1) Animal Shelter Attendant. These positions will remain filled contingent upon an ongoing contract with Fontana. Fontana has agreed to pay to the City of San Bernardino $726, 100 over the next two (2) years for animal control services. This does not include potential revenue from an enhanced dog license program; the details of this program will be negotiated separately and presented as an amendment to the agreement at a later date. Additional revenues in the amount of $31, 500 will be derived from shelter and field services to Fontana residents, which include owner surrender fees, trap rentals and redemptions. 1 Expenditures associated with the contract include salary, benefits and overtime (MOU and FLSA) for the above mentioned positions as well as materials, services and supplies. Anticipated expenditures for the two year contract are estimated at $579, 000. CONTRACT HIGHLIGHTS The wording of the new contract remains essentially unchanged from the current contract. Service levels have been changed to include enhanced enforcement ability under the Fontana Development Code, increased but controlled access to their City Attorney on certain legal matters and a limit of 200 hours overtime for emergencies. All overtime in excess of 200 hours will be billed to the City of Fontana at the rate of $42 . 85 per hour. SERVICES PROPOSED The department will provide full service animal care and control to the City of Fontana. This includes stray animal control, animal licensing, bite case and rabies investigations, dead animal disposal, cruelty investigations, pet establishment inspections and after-hours emergencies. LENGTH OF CONTRACT Fontana has chosen to renew the contract for two (2) years rather than three (3) years. San Bernardino County Animal Control recently opened and is operating the Rancho Cucamonga Animal Shelter. Fontana will monitor its progress over the next two (2) years so that they can better evaluate if it would be in their best interest to contract with the county. The proximity of the Rancho Cucamonga shelter to the city of Fontana would be a primary reason to consider that agency for services. CONCLUSION San Bernardino Animal Control Division has been providing services to the City of Fontana for over three years. 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 two (2) year Animal Control contract with the City of Fontana. 2 Animal Control Services Agreement City of Fontana THIS AGREEMENT is made this 1 st day of January, 1997, between the City of Fontana, a municipal corporation (hereinafter "Fontana") and the 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 Bernardino 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 pursuant to a modification of this Agreement or for extra work, shall be 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 authorized representatives for the respective cities. 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 of$348,250 for the period of January 1, 1997 through December 31, 1997, excluding overtime as set forth in Section 7 (c) in Exhibit 1; and, for the period of January 1, 1998 through December 31, 1998, in the amount of$377,850, excluding overtime as set forth in Section 7 (c) in Exhibit 1. (b) 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). (c) San Bernardino shall submit invoices to Fontana on a monthly basis in the amount of$29,020.83, plus any on-call payments during the month that may have occurred as defined in Exhibit 1, for the period of January 1, 1997 to December 31, 1997; and, $31,487.50 plus any on- call payments during the month that may have occurred as defined in Exhibit 1, for the period of January 1, 1998 to December 31, 1998. (d) The total project cost shall not exceed the above-referenced amounts unless additional work is requested in writing by Fontana. (e) 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. (f) 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 the 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) and (b) above. (g) 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 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. With the exception of the license canvassing program that San Bernardino may enter into for Fontana, 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 the state and local law to perform such services. 6. Termination (a) 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 non-breaching party may terminate this contract immediately thereafter. (b) Either party at any time may terminate this contract without cause upon the giving of ninety (90) days prior written notice to the other party of such intent to terminate. Both parties must give at least ninety (90) 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. (c) 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 I 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 necessary by San Bernardino for it 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 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 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 such performance. 11. Workers' Compensation Insurance San Bernardino is permissibly self-insured under the Workers' Compensation laws of the State of California and will provide workers' compensation coverage for its employees and will 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 laws 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. cr 12. Prohibition Against Transfers 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, sublease, 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. (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 two (2) years commencing on January 1, 1997, and terminating on December 31, 1998. The parties may mutually agree to extend the contract on an interim basis if a new agreement is not reached by December 31, 1998. Such interim extension shall be at the monthly contract amount for December, 1998, 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: Fontan San Bernardino City Manager/Designee Director of Animal Control City of Fontana City of San Bernardino 8353 Sierra Avenue 333 Chandler Place Fontana, Ca. 92335 San Bernardino, Ca. 92408-2097 (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. The address for the notice may be changed by giving written notice of such change pursuant to this paragraph. 19. Understanding There are no understandings or agreements except as expressly stated herein. 20. Attorney Fees In any litigation relating to this Agreement, the prevailing party shall be entitled to reasonable attorneys fees. The costs, salary and expenses of any in-house counsel and/or the City Attorney and members of his/her office in enforcing this contract shall be considered as"attorneys fees" for the purpose of this paragraph. 21. Entire Amount This contract constitutes the entire Agreement between Fontana and San Bernardino and may be modified only by further written agreement between the parties. 22. Construction of Provisions and Titles All titles or subtitles appearing in this agreement have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions of such agreement. 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 Municipal Corporation A Municipal Corporation By: acet't:. —–- -—?I'– By:(2"-f. I –-jTh,J�0_ Devereaux Tom Minor City Manager Mayor : By: l���k,� B� Y Linda S. Nunn, Deputy Fred Wilson, City Clerk Acting City Administrator Approved as to Form and Legal Approved as to Form and Legal Content: Content: 2 Clark H. Alsop 6JJ ;mes2T. Penman Stephen P. Deitsch Attorney City Attorney City of San Bernardino City of Fontana Samuel C. Scott Chief of Police Robert A. Graham \ Risk Manager EXHIBIT 1 CITY OF FONTANA SCOPE OF SERVICES FOR ANIMAL CARE AND CONTROL PROGRAM 1. City Ordinance San Bernardino will provide a comprehensive animal care and control program for Fontana under the provisions of the City Code of the City of Fontana which prescribes procedures and standards for licensing, impounding, regulation and control of dogs, cats, and other domestic and wild animals. San Bernardino Animal Control Division and its officers have the authority to enforce those codes relating to all matters of animal control contained in the Code of the City of Fontana, including codes contained in the supplemental document to the Code of the City of Fontana titled "Zoning and Development Code". Further, Fontana 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 January 1, 1997 through December 31, 1998. 3. Impound Care and Disposal of Dogs and other Domestic and Wild Animals San Bernardino will operate an animal care and control program for Fontana consisting of the following activities: field services, shelter services, licensing, and canvassing. In the conduct of this program, San Bernardino will perform the following specific functions: (a) Enforce all provisions of the Fontana's city ordinances pertaining to animals, including the issuing of warning notices or citations as necessary. If the San Bernardino County Court 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 City Attorney for Fontana will appear in court, as necessary, on animal related cases. (b) Any legal action requiring the filing of"long form complaints" will be processed by the City Attorney for Fontana. San Bernardino will provide any and all information to the attorney necessary to file the complaint. (c) San Bernardino may, from time to time, call upon the City Attorney for advice and guidance. In matters where animal control personnel must deal with the City Attorney for Fontana, the Director of Animal Control or designee will first clear the contact with the Field Services Division Captain of the Fontana Police Department, or, the Community Improvement Program Manager depending upon whether the matter is a law enforcement or city code related issue. Once cleared, then the authorized animal control representative may deal directly with the City Attorney for Fontana. (d) Impound all animals caught at large and collect all impound fees assessed. (e) Remove dead animals from the public right-of-way, except interstate freeways. (f) Respond to requests for assistance in the trapping and removal of domestic or wild animals from public or private property. San Bernardino will offer advice in setting a trap in any enclosed space and will remove domestic or 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 designee there is a direct, clear and present danger to human life. San Bernardino is not required to provide traps or vector control. (g) 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. (h) Provide euthanasia services as required for animals held three(3)working days if these animals are not reclaimed by their owners and are deemed unsuitable by San Bernardino for adoption. All impounded animals will be scanned for microchips. Animals with identification, licenses or microchips will be held for up to 10 days and attempts will be made to contact the owner. At no time will animals be sold for research programs. (i) Respond to every call for service either by animal control officer, letter or phone call. 0) Cats: The City of San Bernardino will not be required to respond to calls of cats Irunning at large, nor will they be required to pick up confined stray cats,,except in cases with exceptional circumstances. (k) All services to San Bernardino residents for which there is a fee shall be made available to Fontana residents for the same fee. (1) 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 license prior to the dog's release. San Bernardino will conduct two (2) low cost rabies vaccination clinics in Fontana annually. All licensing revenues will be remitted to Fontana. During the term of this contract San Bernardino may contract with a private agency to perform canvassing services for dog licensing in Fontana. Details relating to the revenue of a canvassing program will be negotiated separately. 5. Animal Care Education and Information Program San Bernardino will provide educationaUinformational 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. 6. Veterinary Services Program Private veterinary services will be provided by San Bernardino for the care of injured and sick animals that are impounded. The cost of this service will be included in the contract price. 7. Staffing Levels and Hours 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. to 5:15 p.m., and Saturday, Sunday and holidays 8:00 a.m. to 5:00 p.m. with the exception of Christmas day when an Animal Control Officer will be placed on call. San Bernardino will provide emergency call out from Monday through Friday, 5:15 p.m. to 8:15 a.m., and Saturday, Sunday and holidays 5:00 p.m. to 8:00 a.m. 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. Fontana Police dispatch may contact animal control field personnel via the radio on these days for service. San Bernardino will provide a minimum of two(2)animal control officers assigned to Fontana Monday through Friday, and one(1) on Saturday, Sunday and holidays, providing a minimum of 96 hours of service per week. This does not include after hours emergencies relating to emergency call outs, but may 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 a 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. Aam Calls considered an emergency or high priority 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 San Bernardino Shelter shall be open to the public Tuesday through Friday, 10:00 a.m. to 5:00 p.m., and Saturday from 10:00 a.m. to 4:00 p.m. The shelter shall be closed on Mondays, Sundays and holidays. A 24 hour recorded telephone message (909-384-5385) will contain information for Fontana residents. C. Emergency After-Hours Procedures/Overtime Overtime due to emergency calls in Fontana will be limited to 200 hours per year. After the 200 hours have been used, overtime will be billed on a call by call basis at a rate of$42.85 per hour, and will be included in the monthly invoice submitted for payment as identified in Section 3(c) of the Animal Control Services Agreement. Hourly billing rates will be paid based upon the actual time worked by the responding animal control officer. Actual time worked is defined as the time from which the animal control officer is contacted by phone or pager and appropriately disposes of the call. Unless exceptional circumstances warrant, call outs will be paid for a maximum of two (2) hours per call. If a call out should exceed the two (2)hour maximum, the Field Services Division Captain shall be contacted the next regular business day by the Director of Animal Control or designee and informed of the event to determine if the activity cited warranted more than two (2) hours. If it is determined that the call out activity did not warrant more than two hours, then the maximum rule for payment of two (2) hours will be applied. Fontana will not be responsible for paying for after hour call outs unless initiated by Fontana Police. Procedures for after-hour emergency call outs 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. The RP will be advised to remain by a phone for contact by an Animal Control Officer. 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, the 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 animal control personnel. I San Bernardino will provide personnel to train Fontana's dispatchers in on-call procedures, as requested. Emergency Call Criteria Stray, injured cat or dog Agency assists Stray vicious dog (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 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 owned sick or injured animals. 8. Inspection Designated personnel from Fontana, may, at any time, inspect the office, shelter, vehicles and any other facilities connected to the servicing of this contract. 9. 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 San Bernardino. 10. Unnecessary Noises - Chapter 18. Section 18-63 (4) San Bernardino will enforce the provisions of Chapter 18, Section 18-63 (4) 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 Police Department for disposition. San Bernardino personnel will not appear in court with Fontana's legal counsel and the complainants on barking dog/crowing rooster cases, unless asked, but will assist whenever necessary.