HomeMy WebLinkAbout24-Animal Control
.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: July 10, 2002
0""""'"
ti j \,., I j .t~L
Subject: Resolution ofthe Mayor and
Common Council of the City of San
Bernardino authorizing execution of a
contract for services between the City of
San Bernardino and the City of Lorna
Linda for full service animal control and
rescinding the current contract with
Lorna Linda for animal sheltering
services, resolution 2001-201.
From: Jon Cicirelli
Director
Dept: Animal Control
Synopsis of Previous Council Action:
June 17, 1996, resolution 96-177 adopted authorizing a four year contract for animal sheltering
services
June 18, 2001, resolution 2001-201 adopted authorizing a three year contract for animal
sheltering
Recommended Motions:
1. Adopt Resolution
2. Authorize the Director of Finance to amend the FY 02-03 adopted budget to increase Animal
Control revenues by $75,700 and do a corresponding increase in the Animal Control expense
budget as noted in the staff report.
3. Authorize the addition of one Animal Shelter Specialist (Range 1301; $1,992 - $2,421 per
month) and direct the Human Resources Department to update Resolution 6413, section
Thirteen, and Resolution 97-244 as needed to reflect this action.
'-
(
Signature
Contact person:
Tnn ri,.irplli
phnnp.. ,,''7-'\
Supporting data attached: Staff report
Ward:
FUNDING REQUIREMENTS: Amount: none,$75,700.00 (net gain) animal control fund
Source:
Finance:
Council Notes:
Agenda Item No.
K JS-JO<r
J.tf
1<e:sJ~ ~d-d-b..~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject: Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of a contract for services between the City of San Bernardino and the City
of Lorna Linda for full service animal control and rescinding the current contract with Lorna
Linda for animal sheltering services, resolution 2001-201.
Background:
State law requires that all cities and counties must provide rabies control programs that include
an animal shelter system, animal bite reporting and investigations, stray animal control, animal
rabies case investigation, quarantine of biting dogs and cats, quarantine of domestic animals
potentially exposed to rabies, and other activities for the purpose of carrying out and enforcing
the provisions of the California Rabies Control Program.
The City of San Bernardino has been providing animal sheltering services to the City of Lorna
Linda for more than ten years. In the past, the City of Lorna Linda has provided field services,
personnel, and rabies control programs in their City. Recently, Lorna Linda decided to contract
for these services and submitted a request for proposals to area animal control agencies. This
contract would establish San Bernardino as the provider of full service animal control to the City
of Lorna Linda. The current contract for animal sheltering would be terminated with the
adoption of this full service contract.
The services in the proposed new agreement are as follows:
. Standard service to include impounds care and disposal of dogs and other domestic or wild
animals.
. Regular animal control officer services to be oerformed Mondav through Fridav between
9am and Som.
. Enforcement of all provisions of the Lorna Linda Municipal Code and state laws as they
apply to animals.
. Stray dog removal and dead animal removal. Investigation of alleged acts of animal cruelty,
dog fighting, cock fighting and animal neglect.
. Provide euthanasia services.
. Dog license administration.
. Provision of education and information presentations.
. Veterinary services for all injured or sick domestic animals.
. Quarantine of biting animals.
. 24 hour emergency response.
. Removal, during normal operating hours, of any wild animal (other than rodents or insects)
caught in a trap or found inside any human dwelling. Increase after-hours emergency
response that includes removal of wildlife that directly threatens a person's safety.
L
. Pick up, upon request, any confined stray cat or any trapped cat during normal operating
hours.
. 24 hour live answer call service.
. Advice and direction on (outdoor) wildlife exclusion and abatement.
Lorna Linda receives approximately 1,300 calls for service each year. This is an average of 3-4
calls per day. It is a City of about 22,000 residents and 7,600 households and is approximately 7
square miles. Lorna Linda is located directly adjacent to the City of San Bernardino and we
would be able to provide prompt service.
The areas within the division that will be most impacted are the front office and field personnel.
$35,000.00 of the revenue from this contract will be used to help pay for a shelter-wide computer
management system. This system will enable animal control to track and dispatch all calls for
service for each contract city, as well as track the outcome of each call and maintain a complete
history. In addition, compilation of statistics, trends and billing will all be possible. Another
addition to the Animal Control Division would be an Animal Shelter Office Specialist,
$31,000.00 per year. This is an experienced clerical position which would assist in answering
phones, dispatching calls, billing, adoptions, accounting, word processing and customer service.
Financial Impact:
The base revenue the City of San Bernardino will receive from the Lorna Linda new contract is
$70,000. In addition, the City of San Bernardino will collect and keep all revenues from dog
licensing for Lorna Linda. Based on the past three year average of Lorna Linda licensing
revenue added to additional canvassing activity that will now be done by City of San Bernardino
Animal Control staff it is estimated there will be at least an additional $20,000 of licensing
revenue received. Per the new contract terms, if the City of San Bernardino collects more than
$20,000 in licensing revenue then the City of San Bernardino and Lorna Linda will negotiate
how the additional licensing revenue over the $20,000 will be shared between the two entities.
The total estimated revenue from this new contract that can be assumed to be received at this
time is $90,000 ($70,000 base + $20,000 licensing).
Since the City of San Bernardino Animal Control has been doing a limited scope of work for
Lorna Linda for more than ten years, the FY 02-03 adopted budget already includes $14,300 of
revenue and budgeted expense in the Animal Control budget from the Lorna Linda contract.
Therefore, only the net difference of $75,700 ($90,000 - $14,300) is additional new monies to be
budgeted in FY 02-03 from the new Lorna Linda contract. Staff proposes to increase the Animal
Control revenue accounts by $75,700 and adjust the Animal Control expense budget as follows
for FY 02-03:
. Add one Animal Shelter Office Specialist at an annual cost of $31 ,000
. Assist in the purchase of a shelter-wide computer management system at a cost of
$35,000
. Add $9,700 to various M&O accounts in the Animal Control budget that include
Telephone support ($1,200); Supplies ($3,500); Printing ($2,000); Overtime
($3,000)
The new proposed contract is for three years unless one of the parties requests re-negotiations, in
writing. After three years, both parties may continue the contract on a month-to-month basis
until a new contract has been established and approved.
Recommendations:
I. Adopt Resolution
2. Authorize the Director of Finance to amend the FY 02-03 adopted budget to increase Animal
Control revenues by $75,700 and do a corresponding increase in the Animal Control expense
budget as noted in the staff report.
3. Authorize the addition of one Animal Shelter Specialist (Range 1301; $1,992 - $2,421 per
month) and direct the Human Resources Department to update Resolution 6413, section
Thirteen, and Resolution 97-244 as needed to reflect this action.
c
c
c
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~ rcy iliS) ~,!
RE~MON N~.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF A CONTRACT FOR
SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF
LOMA LINDA FOR FULL SERVICE ANIMAL CONTROL AND RESCINDING THE
CURRENT CONTRACT WITH LOMA LINDA FOR ANIMAL SHELTERING
SERVICES, RESOLUTION 2001-201.
WHEREAS, state law requires that all cities and counties provide rabies control
programs that include an animal shelter system, animal bite reporting and investigations, stray
animal control, animal rabies case investigations, quarantine of biting dogs and cats, quarantine
of domestic animals potentially exposed to rabies, and other activities for the purpose of
carrying out and enforcing the provisions of the California Rabies Control Program; and,
WHEREAS, the City of Lorna Linda desires to be in compliance with state and local
laws in the provision ,of a rabies control program; and,
WHEREAS, the CITY OF SAN BERNARDINO possesses the qualified personnel and
facilities to perform such services and carry out such programs;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the MAYOR of the CITY OF SAN BERNARDINO is hereby
authorized and directed to execute on behalf of the CITY OF SAN BERNARDINO a certain
Services Agreement with the CITY OF LOMA LINDA, a copy of which is attached hereto and
incorporated herein, marked as Exhibit "A".
SECTION 2. Resolution 2001-201 is hereby rescinded.
III
III
III
. I
o
c
c
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING EXECUTION OF A CONTRACT FOR SERVICES
BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF LOMA LINDA FOR
FULL SERVICE ANIMAL CONTROL AND RESCINDING THE CURRENT CONTRACT
WITH LOMA LINDA FOR ANIMAL SHELTERING SERVICES, RESOLUTION 2001-201.
I HEREBY CERTIFY that the forgoing 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
, 2002 by the following vote, to wit:
COUNCIL MEMBERS: AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2002.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City nttomey
By: \.fr:'1-' -:;.
,//
\ -~/
)
\ (/vvv~__
o
c
c
Animal Control Services Agreement
Between the City of Loma Linda
and the City of San Bernardino
THIS AGREEMENT ("Agreement") is made this 1st day of August 2002, between the
City of Lorna Linda, a municipal corporation (hereinafter "Lorna Linda") and the City of San
Bernardino, a municipal corporation (hereinafter "San Bernardino"). Lorna Linda and San
Bernardino are herein referred to individually as a "Party" and collectively as the "Parties."
WHEREAS, Lorna Linda desires to provide for a citywide Animal Care and Control
Program; and,
WHEREAS, San Bernardino has the knowledge, skills, resources, and experience that
qualifies it to conduct a citywide Animal Care and Control Program for Lorna Linda;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS, AND CONDITIONS CONTAINED HEREIN, THE PARTIES
MUTUALLY AGREE THAT:
I. Scope of Services.
(a)
San Bernardino will perform certain services as described in Exhibit 1,
which, by this reference, is incorporated herein.
(b) Lorna Linda, 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 Lorna Linda for any work performed pursuant to a modification of this
Agreement or for extra work shall be agreed upon by Lorna Linda 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 Lorna Linda and approved by the authorized representatives for the respective
cities.
2. Consideration.
(a)
Lorna Linda agrees to compensate San Bernardino for services and work products
as defined in Exhibit 1, Scope of Services, in the amount of $70,000.00, plus all
dog license fees and other associated fees collected, for the I st fiscal year period
August 1,2002 through July 31, 2003; and, for the 2nd fiscal year period August
I, 2003 through July 31, 2004, in the amount of $70,000.00, plus all dog license
fees and other associated fees collected; and, for the 3rd fiscal year period of
August 1,2004, through July 31, 2005, in the amount of $70,000.00, plus all dog
1
c
(b)
(c)
(d)
c
(e)
(f)
c
license fees and other associated fees collected; excluding additional overtime as
set forth in Section 7(c) of Exhibit 1 in any given fiscal period.
Lorna Linda 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 set
forth in Paragraphs I (b) and I (c).
San Bernardino shall submit invoices to Lorna Linda on a monthly basis for the
period August 1,2002, to July 31, 2005, in the amount of $5,833.33, plus any
Additional Overtime Calls, as defined in Section 7(c) of Exhibit 1 that may have
occurred during the month.
The total cost shall not exceed the above-referenced amounts unless Lorna Linda
requests additional work, in writing, and San Bernardino agrees through its
authorized body.
Lorna Linda 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.
If Lorna Linda fails to pay San Bernardino within thirty (30) working days after
the invoices are submitted, Lorna Linda agrees that San Bernardino shall have the
right, after written notice to Lorna Linda, to consider such default in payment a
material breach of this entire Agreement. Lorna Linda shall have ten (10) days
following the date of such written notice within which to correct such breach. If
Lorna Linda 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 Lorna Linda from the obligation
to pay San Bernardino for services rendered according to Sections 2(a) and 2(c),
above.
Lorna Linda may withhold payment of any disputed sums until satisfaction of the
dispute with respect to such payment. Lorna Linda must give written notice to
San Bernardino within ten (10) days of the date on the disputed invoice if Lorna
Linda 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 Mayor and City Council of
Lorna Linda with respect to such disputed sums. The determination of the Mayor
and City Council of Lorna Linda 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
2
c
c
c
amounts found to be improperly withheld. For any disputed sum, either party
may attempt to collect a debt through a civil proceeding.
(g)
Lorna Linda shall submit all dog license revenue collected by the City of Lorna
Linda to the City of San Bernardino on a monthly basis.
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 Lorna Linda.
4 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.
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 Lorna Linda
following termination hereunder and to participate in such reasonable number of
meetings at no cost to Lorna Linda as shall be deemed necessary by Lorna Linda
to effectively acco~plish such transfer.
6. Cooperation.
Lorna Linda agrees to cooperate in good faith with San Bernardino in San Bernardino's
performance of duties under this Agreement.
3
c
c
c
9.
7.
Lorna Linda's ResDonsibilities.
Lorna Linda shall furnish to San Bernardino all maps, existing studies, ordinances, data
and other existing information and materials in Lorna Linda's possession as shall be
determined necessary by San Bernardino for it to complete the work contemplated by this
Agreement. Lorna Linda agrees to provide all such materials in a timely marmer so as not
to cause delays in San Bernardino's work schedule. All materials and equipment
purchased for or provided to San Bernardino by Lorna Linda shall remain the property of
Lorna Linda and shall be returned within ten (10) days of Lorna Linda's written request to
San Bernardino.
8.
Lorna Linda's Indemnification.
Lorna Linda 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 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, elected officials, employees or agents.
Said surns 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.
San Bernardino's Indemnification.
San Bernardino agrees and promises to indemnifY, defend, and hold harmless Lorna
Linda, 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 Lorna Linda, its officers, elected officials, 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 Lorna Linda City
Attorney and members of his or her office in enforcing this Agreement on behalf of Lorna
Linda 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
4
c
c
c
11.
12.
13.
will be performed in accordance with generally accepted standards of practice in effect at
the time of such performance.
Worker's ComDensation 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. Lorna Linda 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. Furthermore,
notwithstanding any other provision set forth herein, Lorna Linda shall not indemnify,
defend or hold harmless San Bernardino, its officers, employees, agents or subcontractors
for worker's compensation claims.
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 Lorna Linda. 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.
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.
(a)
San Bernardino is and shall at all times remain as to Lorna Linda a wholly
independent contractor. The personnel performing the services under this
Agreement on behalf of San Bernardino shall at all times be under San
Bernardino's exclusive direction and control and shall not be construed to be
employees of Lorna Linda for any purpose, including eligibility under Public
Employees Retirement Law. Neither Lorna Linda nor any of its officers,
employees, or agents shall have control over the conduct of San Bernardino or any
of San Bernardino's officers, employees, or agents, except as set forth in this
Agreement. San Bernardino shall not at any time or in any manner represent that
it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of Lorna Linda. San Bernardino shall not incur or have the
power to incur any dept, obligation, or liability whatever against Lorna Linda, or
bind Lorna Linda in any manner.
5
c
o
c
(b)
No employee benefits shall be available to San Bernardino, or its officers,
employees or agents, in connection with the performance of this Agreement.
Except for the fees paid to San Bernardino as provided in the Agreement, Lorna
Linda shall not pay salaries, wages, or other compensation to San Bernardino or
its officers, employees or agents for performing services hereunder for Lorna
Linda. Lorna Linda shall not be liable for compensation or indemnification to San
Bernardino or its officers, employees or agents for injury or sickness arising out of
performing services hereunder.
15. Conflict ofInterest.
(a) San Bernardino or its employees may be subject to the provISIons of the
California Political Reform Act of 1974 (the "Act"), which (I) 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
Lorna Linda.
16. Term.
The term of this Agreement shall be for three (3) years, commencing on August 1,2002,
and terminating on July 31, 2005. This agreement will terminate July 31, 2005. Ifa 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 July 2005 invoice, plus five percent (5%), for each additional month until a
new Agreement is established.
17. 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.
III
III
III
III
III
III
III
III
III
6
c
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:
Lorna Linda
Director of Public Safety
City of Lorna Linda
25541 Barton Rd
Lorna Linda, CA 92354
San Bernardino
Director of Animal Control
City of San Bernardino
333 Chandler Place
San Bernardino, CA 92408
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. Understanding.
There are no understandings or agreements except as expressly stated herein and in
Exhibit 1, incorporated by reference.
20.
Attorney Fees.
c
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 in enforcing this Agreement shall be
considered as "attorney fees" for the purpose of this paragraph.
21.
Entire Agreement.
This contract constitutes the entire Agreement between Lorna Linda 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. .
\\\
\\\
C \\\
\\\
7
c
c
c
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 LOMA LINDA
A Municipal Corporation
CITY OF SAN BERNARDINO
A Municipal Corporation
By:
By:
Judith Valles
Mayor
Floyd Petersen
Mayor
Attest:
Attest:
Pamela Byrnes O'Camb
City Clerk
Rachel Clark
City Clerk
Approved as to Form and
Legal Content:
Approved as to Form and
Legal Content:
7/c
es F. Penman
ity Attorney
Richard Holdaway
City Attorney
8
c
c
c
EXHIBIT 1:
City of Loma Linda
Scope of Services
Animal Care and Control Program
1.
Municipal Code.
The City of San Bernardino ("San Bernardino") will provide a comprehensive Animal
Care and Control Program for the City of Lorna Linda ("Lorna Linda") under the
provisions of the Municipal Code of the City of Lorna Linda 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 anirnal control
contained in the Municipal Code of the City of Lorna Linda, including any codes
contained in any supplemental documents to the Municipal Code of the City of Lorna
Linda related to zoning and development code that also affect animals. Further, Lorna
Linda will consult with San Bernardino on any proposed new ordinance or amendments
regarding animal control matters.
2. Term.
The term of the Agreement shall be August 1,2002, through July 31, 2005.
3.
Impound. Care and Disposal ofDol!s and other Domestic and Wild Animals.
San Bernardino will operate an Animal Care and Control Program for Lorna Linda
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 Lorna Linda Ordinances pertaining to animals, including
issuing warning notices or citations as necessary. Citations may be processed by
San Bernardino and San Bernardino will retain all citation revenues under this
system. San Bernardino may also file citations issued in Lorna Linda directly
with the Court that serves Lorna Linda. The City Attorney for Lorna Linda will
appear in court, as necessary, on animal related cases.
(b) The Lorna Linda City Attorney will process any legal action requiring the filing of
"long form compl~nts". San Bernardino will provide any and all information
necessary to file the complaint to the Lorna Linda City Attorney.
(c) Impound all animals caught at-large and collect all impound fees assessed.
(d) Remove dead animals from the public right-of-way, except interstate freeways.
(e)
Respond to requests for assistance in the trapping and removal of stray domestic
animals from public or private property during normal operating hours. San
1
o
c
c'
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 as necessary, and under the
direction of an Animal Control Officer. San Bernardino will not provide rodent
control or insect control.
(f)
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.
(g)
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 a minimum often (10) days and attempts will be made to
contact the owner. At no time will animals be sold for research programs.
(h)
Respond to every call for service either by animal control officer, letter, or phone.
(i) 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
owned by the City of Lorna Linda shall be made available to the City of San
Bernardino for distribution to Lorna Linda residents for the purpose of trapping
animals. The traps shall be stored and maintained by the City of San Bernardino.
Unless exceptional circumstances exist, residents of Lorna Linda shall be
responsible for obtaining, monitoring and returning all traps used for this purpose.
Upon termination of this contract, any traps supplied by Lorna Linda to San
Bernardino shall be returned or comparably replaced by San Bernardino.
(j) All animal control services available to San Bernardino residents for which there
is a fee shall be made available to Lorna Linda residents for the same fee.
(k) Lorna Linda residents may bring stray, un-owned animals to the San Bernardino
shelter at no charge to the resident.
4.
Dog Licensing Program.
San Bernardino will sell dog licenses to Lorna Linda residents. Licenses may be
purchased at the shelter, Lorna Linda City Hall, or through the mail. Lorna Linda
residents redeeming their dog( s) will be required to purchase a license prior to the dog's
2
o
o
c
release. San Bernardino will conduct low cost rabies vaccination clinics in Lorna Linda
twice annually. Two part-time license canvassers will be assigned to work in the City of
Lorna Linda to secure compliance with Lorna Linda dog license laws. The City of San
Bernardino will retain all licensing revenue generated by Lorna Linda residents. Lorna
Linda shall submit all license revenue collected by the City of Lorna Linda to the City of
San Bernardino.
In the event that the City of San Bernardino collects more than $20,000.00 in dog license
revenue from the residents of Lorna Linda, during any period beginning July I and
ending June 30 of the following year, both parties shall have the right to renegotiate the
distribution of such dog license revenues in excess of $20,000.00. Any renegotiations of
the distribution of dog license revenue shall commence in the month directly following
the 12-month reporting period in which the excess revenue was collected.
5. Animal Care Education and Information Program.
San Bernardino will provide public educational/information programs to Lorna Linda
schools, City employee groups, service groups, and other organizations, upon reasonable
request.
6.
Veterinarv Services Program.
San Bernardino will provide private veterinary services for the care of injured and sick
animals that are impounded. The costs of this service will be included in the contract
price.
7. Staffing Level and Hours of Service.
(a) Field Services.
San Bernardino will provide field services for Lorna Linda Monday through
Friday.
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.,
Monday through Friday, and 24-hour emergency callout on Saturday and Sunday.
Lorna Linda Public Safety Dispatch may contact animal control field personnel
via emergency pager, for after hours service.
San Bernardino will provide an animal control officer available to respond to calls
for service in Lorna Linda Monday through Friday.
Calls to be considered routine and to be handled within a 24-hour time frame
include:
3
c
. Confined stray animals;
. Dead animals;
. Stray dogs running at-large;
. Humane 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-free 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, Friday, 10:00 a.m. to 5:00 p.m., Tuesday 10:00 a.m. to 7:00 p.m. and
Saturday from 10:00 a.m. to 4:30 p.m. The shelter will be closed on Sundays and
holidays. The phone lines will be answered twenty-four hours a day.
c
(c)
Emergencv After Hours Procedures/Overtime.
(1) Limit on Overtime Calls. Overtime, due to emergency calls from
Lorna Linda. will be limited to 250 hours per fiscal 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.
(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
(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, Lorna Linda shall be contacted the next regular business day by
the Director of Animal Control or designee and a determination made
4
c
o
c
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. Lorna Linda will not be
responsible for paying any Additional Overtime Calls unless initiated by
Lorna Linda Police.
(3) Procedures for Overtime Emergencv Calls. Procedures for Overtime
Emergency Calls are as follows: The reporting party (RP) will contact the Lorna
Linda PolicelFire Dispatch, or the City of San Bernardino Animal Control. If the
dispatcher deems the call an emergency (see criteria below) the dispatcher will
page the on-call animal control officer (ACO). The ACO will contact Lorna
Linda Dispatch, obtain the RP's name and phone number, and follow-up with the
RP for additional information. The dispatcher will advise the RP to remain by a
phone for contact by the ACO. Unless requested by Lorna Linda, 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 Lorna Linda PolicelFire, the
ACO will automatically respond.
San Bernardino will provide a monthly listing of on-call animal control personnel.
San Bernardino will provide personnel to train Lorna Linda dispatchers in on-call
procedures, as requested.
Emergencv Call-Out Tvpes:
. Injured stray animals
. Sick stray animals
. Agency assists
. Stray vicious dog (after verification by on-duty Lorna Linda Police
officer)
. Loose livestock if it is 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.
8.
Inspection.
Designated personnel from Lorna Linda, may, at any time, inspect the office, shelter,
vehicles and other facilities connected to servicing this Agreement.
5
o
c
\\\
\\\
C \\\
9.
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.
\\\
\\\
\\\
\\\
\\\
\\\
\\\
\\\
\\\
\\\
\\\
\\\
\\\
\\\
\\\
\\\
\\\
\\\
\\\
6
c
c
c
CITY OF SAN BERNARDINO
INTRA-OFFICE MEMORANDUM
TO:
James F. Penman, City Attorney
Suzanne M. Bryant, Deputy City Attorney (j{}Yi~
July 29, 2002
FROM:
DATE:
RE:
Agenda Item Regarding Agreement to Provide Full Service Animal Control to
Lorna Linda
On August 5, 2002, the Mayor and Common Council will consider an agenda item to
provide full service animal control to the City of Lorna Linda. Please note that the proposed
agreement contains, in paragraph 2(f), the following language:
Lorna Linda may withhold payment of any disputed sums until satisfaction
of the dispute with respect to such payment. Lorna Linda must give written
notice to San Bernardino within ten (10) days of the date of the disputed
invoice if Lorna Linda is disputing any sum. . .. Such withholding shall
not be deemed to constitute a failure to pay. . .. 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 ri~ht of appeal to the Mayor and Citv Council of Lorna Linda with
respect to such dis.puted sums. The determination of the Mayor and City
Council of Lorna Linda 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 throu~h a civil
proceeding (emphasis added).
Such language provides the opportunity for San Bernardino to exhaust its administrative remedies
before bringing a lawsuit in the event that any invoices are ever disputed. An affirmative defense
to a lawsuit is the fact that a plaintiff did not exhaust its administrative remedies before bringing
the lawsuit. By including this language, San Bernardino shall have the opportunity to have a
hearing before the Lorna Linda City Council in the event a dispute arises. If the dispute is not
resolved, San Bernardino would then be able to bring a civil lawsuit and the affirmative defense
that San Bernardino failed to exhaust its administrative remedies would not be available.
l
CITY OF SAN BERNARDINO
INTRA-OFFICE MEMORANDUM
TO:
FROM:
James F. Penman, City Attorney
Suzanne M. Bryant, Deputy City Attorney (j~
July 29, 2002
DATE:
RE:
Agenda Item Regarding Agreement to Provide Full Service Animal Control to
Lorna Linda
On August 5, 2002, the Mayor and Conunon Council will consider an agenda item to
provide full service animal control to the City of Lorna Linda. Please note that the proposed
agreement contains, in paragraph 2(t), the following language:
Lorna Linda may withhold payment of any disputed sums until satisfaction
of the dispute with respect to such payment. Lorna Linda must give written
notice to San Bernardino within ten (10) days of the date of the disputed
invoice if Lorna Linda is disputing any sum . . .. Such withholding shall
not be deemed to constitute a failure to pay. . .. 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 Mayor and City Council of Lorna Linda with
respect to such disputed sums. The determination of the Mayor and City
Council of Lorna Linda 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
proceedin~ (emphasis added).
Such language provides the opportunity for San Bernardino to exhaust its administrative remedies
before bringing a lawsuit in the event that any invoices are ever disputed. An affirmative defense
to a lawsuit is the fact that a plaintiff did not exhaust its administrative remedies before bringing
the lawsuit. By including this language, San Bernardino shall have the opportunity to have a
hearing before the Lorna Linda City Council in the event a dispute arises. If the dispute is not
resolved, San Bernardino would then be able to bring a civil lawsuit and the affirmative defense
that San Bernardino failed to exhaust its administrative remedies would not be available.
i i
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Streel . San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.ci.san-hemardino.ca.lls
'"
August 12,2002
Mr. Roland Crawford
Director of Public Safety
City of Lorna Linda
25541 Barton Road
Lorna Linda, CA 92354
Dear Mr. Crawford,
At the Mayor and Common Council meeting of August 5, 2002, the City of San Bernardino
adopted Resolution 2002-263 - Resolution authorizing execution of a contract for services
between the City of San Bernardino and the City of Lorna Linda for full service animal control
and rescinding the current contract with Lorna Linda for animal sheltering services, Resolution
2001-201.
Enclosed is one (l) original agreement. Please obtain signatures in the appropriate location and
return the executed agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318,
San Bernardino, CA 92402, as soon as possible.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
/.
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
n __."~' ....__ If.._ .'h r.;_..:..,. 'U~""n"'"
I. i
"
City Of LoniaLinda .",'
25541 Barton Road, Lorna Linda, Cdlifornia_.JCllI9bO . FAX (909) 799-2890
Sister City - Manipal. Karnataka, India
'02 SEP -4 ~ t :()9
August 29, 2002
City Clerk's Office
Attn: Michelle Taylor
P. O. Box 1318
San Bernardino, CA 92402
Dear Ms. Taylor:
Subject:
Animal Control Services
Enclosed for your records is a certified copy of the agreement between the City of Lorna Linda
and the City of San Bernardino for full service animal control services for the period of August I,
2002 through July 31, 2005.
If anything further is needed, please contact me (909) 799-2819 Monday through Thursday.
Sincerely,
~~~O~
Pamela Bymes-O'Camb
City Clerk
Enclosure
cc: Roland Crawford
Kathy Sorrells
Recycled paper
I, I
City Of Lorna Linda
25541 Barton Road, Loma Linda, California ....~~OO . FAX (909) 799-2890
Sister City - ManipaL Karnataka, India
.. SEP 24 An:29
September 23,2002
City of San Bernardino
City Clerk's Office
Attn: Michelle Taylor
P. O. Box 1318
San Bernardino, CA 92402
Dear Ms. Taylor:
Subject:
Animal Control Services Agreement
Per your recent request, enclosed is the original agreement between the City of Lorna Linda and
the City of San Bernardino for full service animal control services for the period of August 1,
2002 through July 31, 2005.
If anything further is needed, please call me (909) 799-2819 Monday through Thursday.
Sincerely,
.~~-O~J-
Pamela Byrnes-O'Camb
City Clerk
Enclosure
Recycled paper
l. I
OFFICE OF THE CITY CLERK
RACHEL G, CLARK, C.M.C.. CITY CLERK
300 North "0" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
'"
September 25, 2002
Pamela Byrnes-O'Camb
City Clerk
City of Lorna Linda
25541 Barton Road
Lorna Linda, CA 92354
Dear Ms. Byrnes-O'Camb,
Subject: Animal Control Services Agreement
Thank you for returning the original agreement. As discussed, I am returning a certified copy of
the agreement for your files.
If you have any questions or need assistance, please give me a call at (909) 384-5002.
Sincerely,
'Iii .' t"I:\' .1,
1.... 'j.,r ..;. .', <,.
Michelle Taylo~
Senior Secretary
.
V',
Enclosure
CITY OF SAN BERNARDINO
.. h....roo..........r.. C'n. ..u...... "..."1 rlT}O;:Oo Ynt.......ih,. A""'^"nt'lohilihl . Upcnprt f"T 1-l11m::!n r1ionitv. Honp-~tv
i.J.,.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
September 25, 2002
TO:
Jon Cicirelli, Director of Animal Control
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-263 - Agreement with City of Lorna Linda for Animal
Control Services
CC:
Attached is a fully executed copy of the animal control services agreement between the City of
Lorna Linda and the City of San Bernardino. The original agreement is on file in the City
Clerk's Office.
If you have any questions, please call me at ext. 3206.
I, I
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): SS' -5-0,;;), Item # /-4
Vote: Ayes /-f"') Nays ..e--
Change to motion to amend original documents:
Resolution # ;)CD;;;- - .;L&i ~
Abstain --f9 Absent 6
See Attached: ,./ Date Returned: .9 - :;)5-0 ?--
See Attached:
See Attached:
Reso. # On Attachments: L-- Contract term: 'g-I-Od"lt> "-31-0S'
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: 'If - ') -0 :;l-
Date of Mayor's Signature: 'it -'1{-@
Date of Clerk/CDC Signature: ll-g-O:r-
Date Memo/Letter Sent for Signature:
.f-i ;7-0 d-
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585, (2634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
NullNoid After: -
By: -
Reso. Log Updated: V
Seal Impressed: /"'
Yes L No By
Yes No V By
Yes No~ By
Yes No 7'- By
Yes No By_
EDA
Finance MIS
Others: AfJ\MAL r'(JNT!2rJ1
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File:'f'Yl'(" Date: q---a:) -0,;)
Revised 01/12/01