HomeMy WebLinkAbout10-Animal Control
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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
From: Kenneth Childress
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the City
Manager to execute an Animal Control
Services agreement by and between the
City of San Bernardino and the City of
Fontana for the period 07/01/2007
through 6/30/2010
MlCC Meeting Date: August 6, 2007
Dept: Animal Control
Date: July 16, 2007
Synopsis of Previous Council Action:
Approved a similar Animal Control Services Agreement that was effective from
07/01/2004 through 06/30/2007.
Recommended Motion:
Adopt resolution.
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Signature
Contact person: K..nn..th ~hilrlr..c...
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Supporting data attached: Staff Renort
Ward: NA
FUNDING REQUIREMENTS: Three year revenue contract with the City of
Fontana estimated at $1,943,472.00
Source: NA
Finance:
Council Notes:
Agenda Item No.
10
'1"/07
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino, authorizing the
City Manager to execute an Animal Control Services Agreement by and between the City of San
Bernardino and the City of Fontana from 07/01/2007 through 06/30/2010, and ratifying any
action taken between July I, 2007 and the date that this Resolution is adopted.
Backl!:round:
The City of San Bernardino has been providing comprehensive animal control services for the
City of Fontana for the past 14 years. This arrangement has been beneficial for both cities
especially in the department's ability to provide expanded field services that includes better
weekend and evening coverage. In addition, these contract revenues contribute to a lower cost
sharing for San Bernardino. The current contract expired on 6/30/2007 and the proposed contract
is for a period of three years. These fees include a 5% increase for the first year of the agreement
and 2% for each of the following two years.
San Bernardino provides three full time Animal Control Officers for Fontana Monday through
Friday and one on Saturday, Sundays and holidays, and two part-time License Checkers on
Tuesdays through Fridays. All animals impounded from Fontana and all animals brought in by
Fontana residents are housed and cared for at the City's animal shelter.
The implementation date of the Agreement is July 1,2007; therefore, the Resolution ratifies any
action taken between July 1,2007, and the date that the Resolution is adopted.
Financial Imoact:
Year I estimated total = $635,040
Year 2 estimated total = $647,736
Year 3 estimated total = $660,696
Three year contract estimated total revenues = $1,943,472
The FY 2007-2008 Animal Control budget includes the expense and revenue reimbursement for
this agreement with the City of Fontana.
Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ANIMAL CONTROL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF
SAN BERNARDINO AND THE CITY OF FONT ANA FROM JULY 1,2007 THROUGH
JUNE 30, 2010, AND RATIFYING ANY ACTION TAKEN BETWEEN JULY 1, 2007
AND THE DATE THAT THIS RESOLUTION IS ADOPTED.
WHEREAS, state law requires that all cities and counties provide rabies control
programs that include an animal shelter system; and
WHEREAS, the CITY OF FONTANA desires to be in compliance with state and local
laws in the provision of an animal sheltering system; and,
WHEREAS, the CITY OF SAN BERNARDINO possesses the qualified personnel and
facilities to perform such services and carry out such programs; and,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The CITY MANAGER of the CITY OF SAN BERNARDINO is hereby
authorized and directed to execute on behalf of the CITY OF SAN BERNARDINO an
Agreement for Services with the City of Fontana for Animal Control Services, a copy of which
is attached hereto and incorporated herein, marked as Exhibit "A",
SECTION 2. The implementation date of the Agreement is July I, 2007; therefore,
any action taken between July 1,2007, and the date that this Resolution is adopted is hereby
ratified.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ANIMAL CONTROL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF
SAN BERNARDINO AND THE CITY OF FONT ANA FROM JULY 1, 2007 THROUGH
JUNE 30, 2010, AND RATIFYING ANY ACTION TAKEN BETWEEN JULY 1, 2007
AND THE DATE THAT TIDS RESOLUTION IS ADOPTED.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
,2007, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
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20 The foregoing resolution is hereby approved this
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JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
day of
,2007.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
JAMES F. PENMAN,
26 City Attorney
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EXHIBIT 'A'
Animal Control Services Agreement
Between the City of Fontana
and
the City of San Bernardino
THIS AGREEMENT ("Agreement") is made this 26 day of June 2007, between
the City of Fontana, a municipal corporation (hereinafter "Fontana") and the City of San
Bernardino, a municipal corporation (hereinafter "San Bernardino"). Fontana and San
Bernardino are herein referred to individually as a "Party" and collectively as the
"Parties."
WHEREAS, Fontana desires to provide for a citywide Animal Care and Control
Program; and,
WHEREAS, San Bernardino has the knowledge, skills, resources, and
experience that qualify it to conduct a citywide Animal Care and Control Program for
Fontana;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS, AND CONDITIONS CONTAINED HEREIN, THE PARTIES MUTUALLY
AGREE THAT:
1. Scope of Services.
(a) San Bernardino will perform certain services as described in
Exhibit 1, which, by this reference, is incorporated herein.
(b) Fontana, with the express written consent of San Bernardino, may
modify the Scope of Work to be performed under this agreement.
(c) Any services 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.
San Bernardino shall perform no work as a modification or extra work until
an agreement for such extra work or modification, including the price, has
been executed by San Bernardino and Fontana and approved by the
authorized representatives for the respective cities.
Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
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2. 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
$635,040 for the 1st fiscal year period July 1, 2007 through June 30, 2008;
and, for the 2nd fiscal year period July 1, 2008 through June 30, 2009, in
the amount of $647,736; and, for the 3rd fiscal year period of July 1,2009,
through June 30, 2010, in the amount of $660,696; excluding additional
overtime as set forth in Section 6(c) of Exhibit 1 in any given fiscal period.
(b) Fontana shall not be required to pay any amounts in excess of the sums in
section 2(a) or 2(c), 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 setforth in Paragraphs 1(b) and 1(c).
(c) San Bernardino shall submit invoices to Fontana on a monthly basis for
the period July 1, 2007, to June 30, 2008, in the amount of $52,920, plus
any Additional Overtime Calls, as defined in Section 6(c) of Exhibit 1 that
may have occurred during the month.
San Bemardino shall submit invoices to Fontana on a monthly basis for
the period July 1, 2008, through June 30, 2009, in the amount of $53,978,
plus any Additional Overtime Calls, as defined in Section 6(c) of Exhibit 1
that may have occurred during the month.
San Bernardino shall submit invoices to Fontana on a monthly basis for
the period July 1, 2009, through June 30, 2010, in the amount of $55,058,
plus any Additional Overtime Calls, as defined in Section 6(c) of Exhibit 1
that may have occurred during the month.
The total cost shall not exceed the above-referenced amounts unless
Fontana requests additional work, in writing, and San Bernardino agrees
through its authorized body or designee.
(d)
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 invoice shall be deemed proper and
acceptable.
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Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
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(e) If Fontana fails to pay San Bernardino within thirty (30) working days after
the invoices are subrnitted, Fontana agrees that 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 payrnent, the
duties, obligations and responsibilities of San Bernardino under this
Agreement are terminated. Such termination by San Bernardino does not
release Fontana from the obligation to pay San Bernardino for services
rendered according to Sections 2(a) and 2(c), above.
(f)
Fontana may withhold payment of any disputed sums until satisfaction of
the dispute with respect to such payment. Fontana must give written
notice to San Bernardino within ten (10) days of the date on the disputed
invoice if Fontana is disputing any sum pursuant to sub-paragraph 2(d).
Such withholding shall not be deemed to constitute a failure to pay as that
term is used in sub-paragraph 2(e). San Bernardino shall not discontinue
its work for a period of thirty (30) days from the date of the withholding, as
a result of such withholding. San Bernardino shall have the right of appeal
to the City Manager of Fontana with respect to such disputed sums. The
determination of the City Manager of Fontana 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%) simple per annum from
the date of withholding of any amounts found to be improperly withheld.
For any disputed sum, either party may attempt to collect a debt through a
civil proceeding.
3. 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.
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Personnel Substitutions.
All 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.
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Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
.
5.
Termination.
(a) If either Party fails to perform any duties or obligations imposed by this
Agreement and said failure continues for sixty (60) days after written
notification by the other, then this Agreement will be in total breach and
the non-breaching party may terminate this Agreement immediately
thereafter.
(b) Either Party at any time may terminate this Agreement without cause upon
the giving of ninety (90) days prior written notice to the other party of such
intent to terminate. Either Party must give at least ninety (90) days prior
written notice of intent not to renew the Agreement. 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.
6.
Cooperation.
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Fontana agrees to cooperate in good faith with San Bernardino in San
Bernardino's performance of duties under this Agreement.
7.
Fontana's Responsibilities.
Fontana shall furnish to San Bernardino all maps, existing studies, ordinances,
data and other existing information and materials in Fontana's posseSSion as
shall be determined necessary by San Bemardino for it to complete the work
contemplated by this Agreement. Fontana agrees to provide all such materials in
a timely manner so as not to cause delays in San Bernardino's work schedule. All
materials and equipment purchased for or provided to San Bernardino by
Fontana shall remain the property of Fontana and shall be returned within ten
(10) days of Fontana's written request to San Bernardino.
8. Fontana's Indemnification.
Fontana agrees and promises to indemnify, defend, and hold harmless San
Bernardino, its officers, employees and agents, from and against any and 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
.
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Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
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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. 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 the San Bernardino City
Attorney and members of his or her office in enforcing this Agreement on behalf
of San Bernardino shall be considered as "attorney's fees" for the purposes of
this paragraph.
9.
San Bernardino's Indemnification.
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San Bernardino agrees and promises to indemnify, defend, and .hold harmless
Fontana, its
officers, employees and agents, from and against any and 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 the negligence or willful misconduct of Fontana, 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 the Fontana City Attorney and members of his or her office in
enforcing this Agreement on behalf of Fontana shall be considered as "attorney's
fees" for the purposes of this paragraph.
10.
Warrantv.
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 will be performed in accordance with generally accepted standards of
practice in effect at the time of such performance.
11. Worker's Compensation Insurance.
San Bernardino is permissibly self-insured under the Worker's Compensation
laws of the State of California and will provide worker's compensation coverage
for its employees and will ensure that the employees of any of its subcontractors
are covered by worker's compensation insurance in an amount and form to meet
all applicable requirements of the laws of the State of California. Fontana shall
not provide worker's compensation insurance for any San Bernardino employee,
agent or subcontractor operating under the terms of this Agreement under any
circumstances whatsoever.
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Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
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Furthermore, notwithstanding any other provision set forth herein, Fontana shall
not indemnify, defend or hold harmless San Bernardino, its officers, employees,
agents or subcontractors for worker's compensation claims.
12. Prohibition Aaainst 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,
hypothecatee 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 in
compliance with State and Federal Anti-Discrimination laws.
14. IndeDendent Contractor.
San Bernardino shall be an independent contractor and not an employee, nor
shall any of San Bernardino's employees, agents or subcontractors operating
under this Agreement 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 interests that may 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.
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Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
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16. Term.
17.
The term of this Agreement shall be for three (3) years, commencing on July 1,
2007, and terminating on June 30, 2010. This Agreement shall automatically
renew for an additional three (3) years if renegotiations are not required. Such
renewal shall be for the period of July 1, 2010 through June 30, 2013 for the
amounts stated in Section 2(a) and 2(c) of this document. Both Parties shall
have the right to renegotiations. Any requests to renegotiate the automatic
renewal terms, or other terms, of this Agreement shall be made in writing before
March 31, 2010 by the requesting Party. A ninety (90) day period, beginning
April 1, 2010, will hold all monthly payment amounts due to the. June 1, 2010
invoice amount while a new Agreement is negotiated or a termination of the
Agreement is agreed upon. If no Agreement is made within the ninety (90) day
period for negotiation, then both Parties may agree to continue the Agreement
under the original terms or proceed with termination procedures as outlined in
Section 5 of this Agreement.
This agreement will terminate June 30, 2010. 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 2010 invoice, plus five percent (5%), for each additional month until a
new Agreement is established.
Invalidation.
In the event any provision of this Agreement is held to be invalid and
unenforceable, the remaining provisions of this Agreement shall remain valid and
binding on the Parties thereto.
18. Notices.
A 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
Code Compliance Manager
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-7618
San Bernardino
Director of Animal Control
City of San Bernardino
333 Chandler Place
San Bernardino, CA 92408
(909) 384-5275
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Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
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Any notice so given shall be considered served on the other Party three (3) days
after the date of mailing. The address for the notice may be changed by giving
written notice of such change pursuant to this paragraph.
19. Understandina.
There are no understandings or agreements except as expressly stated herein
and in Exhibit 1, incorporated by reference.
20. Attornev Fees.
In any litigation relating to this Agreement, the prevailing Party shall be entitled to
reasonable attorney fees. The costs, salary and expenses of any in-house
counsel and/or the City Attorney and members of his/her office shall be
considered as "attorney fees" for the purpose of this paragraph.
21.
Entire Aareement.
This contract constitutes the entire Agreement between Fontana and San
Bernardino and may be modified only by further written agreement between the
Parties through their respective authorized bodies.
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.
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Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
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Animal Control Services Agreement
Between the City of Fontana
and
the City of San Bernardino
IN WITNESS WHEREOF, the Parties hereto have accepted, made and executed this
Agreement upon the terms, conditions and provisions above stated, on the day and
year set forth above.
CITY OF FONTANA
A Municipal Corpor .
CITY OF SAN BERNARDINO
A Municipal Corporation
By:
Fred Wilson, City Manager
By:
Attest: :J~
City Clerk
-~~
City Cle
Approved as to Form:
Approved as to Form:
~~~
l:ity Attorney
James F. Penman, City Attorney
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Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
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EXHIBIT 1
City of Fontana
Scope of Services for
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 Fontana ("Fontana") under the
provisions of the Municipal Code 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 Department
and its officers have the authority to enforce those codes relating to all matters of
animal control contained in the Municipal Code of Fontana, including codes
contained in the supplemental document to Municipal Code 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.
ImDound. Care and DisDosal of DODS 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, and
licensing. In the conduct of this program, San Bernardino will perform the
following specific functions:
(a)
Enforce all provisions of Fontana City Ordinances pertaining to animals, to
include issuing warning notices or citations as necessary. San Bernardino
may utilize a hearing officer, under contract with San Bernardino, to
resolve citizen disputes and conduct hearings for violations of Fontana
Municipal Codes. Citations may be processed through San Bernardino
and San Bernardino will retain all citation revenues under this system.
San Bernardino may also file citations directly with the Court. The City
Attorney for Fontana will appear in court, as necessary, on animal related
cases.
(b)
The City Attorney for Fontana will process any legal action requiring the
filing of "long form complaints". San Bernardino will provide any and all
information to the attorney necessary to file the complaint.
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Animal Control Services Agreement
Between tbe City of Fontana
and tbe City of San Bernardino
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(c) San Bernardino may, from time to time, call upon the Fontana 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 Fontana
Code Compliance Manager. Once cleared, 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 state freeways.
(f)
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)
caught in a trap or found inside any human dwelling. Animal Control
employees shall not be required to move belongings or 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 dog traps, but not other animal traps.
San Bernardino will not provide rodent control or insect 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 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. 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.
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Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
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0)
Cats: San Bernardino will not be required to respond to calls of cats
running at large. Confined stray cats or trapped cats shall be picked up on
request. Traps for the purpose of capturing cats shall be made available
to the residents of Fontana by the City of Fontana. The traps shall be
stored and maintained by San Bernardino at an appropriate location for
residents' use. All traps for the purpose of animal control shall be of a
specific model as approved by the San Bernardino Director of Animal
Control. Unless exceptional circumstances exist, residents of Fontana
shall be responsible for obtaining, monitoring and returning all traps used
for this purpose.
(k) All services available to San Bernardino residents for which there is a fee
shall be made available to Fontana residents for the same fee.
(I) Fontana residents may bring stray, un-owned animals to the San
Bernardino shelter at no charge to the resident.
3.
Doa Licensina Proaram
San Bernardino will sell dog licenses to Fontana residents. Licenses may be
purchased at the shelter, Fontana City Hall, 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 low cost rabies vaccination
clinics in Fontana twice annually. Two (2) part-time license canvassers will be
assigned by San Bernardino to work in Fontana to secure compliance with
Fontana dog license laws. Excluding holidays, the license canvassers shall be
assigned to work in Fontana Tuesday through Friday each week. All licensing
revenue generated by Fontana residents will be accounted for in monthly
accounting statements provided to Fontana by San Bernardino and remitted by
San Bernardino to Fontana on a monthly basis.
4.
Animal Care Education and Information Proaram
San Bernardino will provide public educational/information programs to Fontana
Schools, City employee groups, service groups and other organizations, upon
request.
5. Veterinarv Services Proaram
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.
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Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
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6. Staffina Level 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 daily 8:15 a.m. to 5:15 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 daily from
5:15 p.m. to 8:15 a.m. Fontana will supply a minimum of three (3) hand
held radios and chargers to be kept at the San Bernardino Animal Shelter
for Sunday and holiday dispatch and emergency contact. Fontana Police
Dispatch and Code Enforcement may contact animal control field
personnel via radio on these days for service.
San Bernardino will provide three (3) animal control officers available to
respond to calls for service in Fontana Monday through Friday, and one
(1) on Saturday, Sunday and holidays. This does not include after-hours
emergencies relating to emergency call outs, but may include time off for
vacation, sick leave and holidays.
Calls to be considered routine and to be handled within a 24-hour time
frame include:
. Confined strays
. Dead animals
. Stray dogs running at large
. Humane/Animal Cruelty investigations
. Low risk bite case quarantine
. Rabies quarantine release
. Trapped cats
. 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 Teleohone Line:
The San Bernardino shelter shall be open to the public Monday,
Wednesday, Thursday, and Friday, 10:00 a.m. to 5:00 p.m., Tuesday
10:00am to 7:00pm and Saturday from 10:00 a.m. to 4:30 p.m. The
shelter will be closed on Sundays and holidays.
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Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
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(c) Emeraencv After Hours Procedures/Overtime
(1) Limit on Overtime Calls. Overtime due to emergency calls in Fontana
will be limited to 250 hours per year ("Limit"). "Overtime call(s)" are
defined as any call made after regular shelter hours as described in
Section 7 in this Exhibit.
(2) Additional Overtime Calls.
(A) Hourlv Rate If and when the Limit has been exceeded,
overtime calls 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 2 (c) of the
Animal Control Services Agreement "Additional Overtime
Calls".
(B) Actual Time Worked. Hourly billing rates will be paid based
upon 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 to the time the officer appropriately disposes of the
call.
(C) Maximum Hours. Unless exceptional circumstances
warrant, any additional overtime call shall be paid for a
maximum of two (2) hours per call. If an Additional Overtime
Call should exceed the two (2) hour maximum, the Fontana
Police Department Field Services Division Captain shall be
contacted the next regular business day by the Director of
Animal Control or designee and a determination made
whether the call warranted more than two (2) hours. If it is
determined that the call did not warrant more than two (2)
hours, then the maximum rule for payment of two (2) hours
will be applied. Fontana will not be responsible for paying
for any Additional Overtime Calls unless initiated by Fontana
Police or the Code Compliance Manager.
(3) Procedures for Overtime Emeraencv Calls are as follows: The
reporting party (RP) will contact the 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).
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Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino
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The ACO will contact Fontana Police; 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 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 Code
Enforcement, the ACO will automatically respond. The ACO will maintain
radio contact with Fontana Police Department using Fontana radios. San
Bernardino. will provide a monthly listing of on-call animal control
personnel. San Bernardino will provide personnel to train Fontana
dispatchers in on-call procedures, as requested.
Emeraencv Call-Out Tvpes
Injured stray animals
Sick stray animals
Agency assists
Stray vicious dog (after verification by on-duty FPD officer)
Loose livestock if a threat to public safety
Wildlife threatening public safety
Emergency Calls will be handled 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 outside, confined strays and owned sick or injured
animals.
7. Inspection
Designated personnel from Fontana may, after reasonable notice, inspect the
office, shelter, vehicles and other facilities connected to servicing this Agreement.
8. 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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Animal Control Services Agreement
Between the City or Fontana
and the City or San Bernardino
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9.
Unnecessarv Noises - Chapter 18 Section 18-63 (4)
San Bernardino will enforce the provisions of Chapter 18, Section 18-63 (4) of
the 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 datesltimes the offenses occur.
(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 Code Enforcement for disposition.
San Bernardino personnel will not appear in court with Fontana legal
counsel for complaints on barking dog/crowing rooster cases, unless
requested, but will assist whenever necessary.
10.
Identification
All San Bernardino vehicles operating in Fontana shall display lettering in visible
locations on both sides and the rear of the vehicle which state the following:
"Proudly Serving the City of Fontana." Font style and color shall be at the
discretion of San Bernardino. 6 inch letters in black, using Freestyle Script font
type is suggested. Removable magnetic signage to accomplish this
provision may be used in lieu of painted or glued-on letters. The City of San
Bernardino shall have 30 days from the date of this contract to obtain Fontana
lettering. Breach of this provision shall not constitute a breach of the Agreement.
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Animal Control Services Agreement
Between the City of Fontana
and the City of San Bernardino