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HomeMy WebLinkAbout09-Animal Control C • CITY F SAN BERNARDINO — REQUEST FOR COUNCIL Ay& I IY A L From: Kenneth Childress Subject: Resolution of the Mayor and Common Council authorizing the City Dept: Animal Control Manager to execute an Animal Control Services Agreement with the City of Date: June 16, 2008 Loma Linda and ratifying any action taken between July 1, 2008 and the date that this resolution is adopted. M/CC Meeting Date: July 7, 2008 Synopsis of Previous Council Action: Approved a similar Animal Control Services Agreement that was effective from 07/01/2005 through 06/30/2008. Recommended Motion: Adopt resolution. Signature Contact person: Kenneth Childress Phone- 1514 Supporting data attached: Staff Report Ward: NA FUNDING REQUIREMENTS: No cost to the city; revenue of$216,000 over the contract term. Source: NA Finance: Council Notes: 1�2ESo Zcar�,6 - -2 73 r� Agenda Item No CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council authorizing the City Manager to execute an Animal Control Services Agreement with the City of Loma Linda and ratifying any action taken between July 1, 2008 and the date that this resolution is adopted. Background: The City of San Bernardino has been providing comprehensive animal control services for the City of Loma Linda for the past 6 years. The arrangement has been beneficial for both cities. The current contract expires on 6/30/2008 and the proposed contract is for a period of three years. Loma Linda City Council approved this Agreement on June 10, 2008. San Bernardino provides field services for Loma Linda Monday through Friday and emergency call out services in the evening. Shared services will be provided on Sundays and holidays. All animals impounded from Loma Linda and all animals brought in by Loma Linda residents are housed and cared for at the City's animal shelter. Loma Linda will retain all license fees. Financial Impact: Year 1 estimated total = $72,000 Year 2 estimated total= $72,000 Year 3 estimated total= $72,000 Three year contract estimated total revenues= $216,000 The FY 2008-2009 Animal Control budget includes the expense and revenue reimbursement for this agreement with the City of Loma Linda. Recommendation: Adopt resolution. I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANIMAL CONTROL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF 4 SAN BERNARDINO AND THE CITY OF LOMA LINDA FOR THE PERIOD JULY 1, 5 2008 THROUGH JUNE 30, 2011, AND RATIFYING ANY ACTION TAKEN BETWEEN JULY 1, 2008 AND THE DATE THAT THIS RESOLUTION IS ADOPTED. 6 WHEREAS, state law requires that all cities and counties provide rabies control 7 programs that include an animal shelter system, and 8 9 WHEREAS, the CITY OF LOMA LINDA desires to be in compliance with state and 10 local laws in the provision of a rabies control program; and, I1 12 13 WHEREAS, the CITY OF SAN BERNARDINO possesses the qualified personnel and 14 facilities to perform such services and carry out such programs; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 17 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 18 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized 19 and directed to execute an Agreement for Services with the City of Loma Linda, a copy of 20 which is attached hereto and incorporated herein, marked as Exhibit "A". "The Mayor and 21 Common Council hereby ratifies any action taken by the Animal Control Department of the 22 City of San Bernardino between July 1, 2008 and the date this resolution is adopted." 23 24 SECTION 2. The authorization to execute the above mentioned agreement is 25 rescinded if the parties to the agreement fail to sign it within sixty (60) days of the passage of 26 this resolution. 27 28 Page 1 of 2 3 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN 3 ANIMAL CONTROL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF LOMA LINDA FOR THE PERIOD JULY 1, 4 2008 THROUGH JUNE 30, 2011, AND RATIFYING ANY ACTION TAKEN 5 BETWEEN JULY 1, 2008 AND THE DATE THAT THIS RESOLUTION IS ADOPTED. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a meeting thereof, held 8 on the day of , 2008, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 13 BRINKER 14 DERRY 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 20 Rachel G. Clark, City Clerk 21 The foregoing resolution is hereby approved this day of , 2008. 22 23 Patrick J. Morris, Mayor 24 City of San Bernardino Approved as to Form: 25 26 JAMES F. PENMAN, 27 City Attorney 28 By: Page 2 of 2 Exhibit "All Animal Control Services Agreement Between the City of Loma Linda and the City of San Bernardino THIS AGREEMENT ("Agreement') is made this 1s' day of July 2008, between the City of Loma Linda, a municipal corporation (hereinafter "Loma Linda") and the City of San Bernardino, a municipal corporation, (hereinafter "San Bernardino"). Loma Linda and San Bernardino are herein referred to individually as a "Party" and collectively as the "Parties." WHEREAS, Loma Linda 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. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, CONVENANTS, AND CONDITIONS CONTAINED HEREIN, THE PARTIES MUTUALLY AGREE THAT: 1. Scope of Services (a) San Bernardino will perform certain services as described in the Scope of Services attached as Exhibit 1 (hereafter, the Scope of Services attached as Exhibit 1 shall be referred to as "Exhibit 1"), which by this reference, is incorporated herein. (b) Loma Linda, with the express written consent of San Bernardino, may modify the services listed in Exhibit 1 to be performed under this Agreement. (c) Anything not included in Exhibit 1 shall constitute extra work. The price to be paid by Loma Linda for any work performed pursuant to a modification of this Agreement or for extra work, shall be agreed upon by Loma Linda and San Bernardino, in writing, at the time of such modification, or later ratified. 2. Consideration (a) Loma Linda agrees to compensate San Bernardino for services and work products as defined in Exhibit 1, in the amount of $72,100.00 each fiscal year for the period July 1, 2008 through June 30, 2011, excluding IRVPUB\AYC\625599 9 additional overtime as set forth in Section 7 (c) in Exhibit 1 in any given fiscal period. All license fees will be returned to Loma Linda. (b) Loma Linda shall not be required to pay any amounts in excess of the sums in section 2(a) or 2(c) for copying costs, incidental, direct or indirect costs of 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 1(b) and 1(c). (c) San Bernardino shall submit invoices to Loma Linda on a monthly basis for the period July 1, 2008 through June 30, 2011 in the amount of $6,008.33 for the first 11 months of the contract and $6,008.37 for the 12th month, plus any "Additional Overtime Calls," as defined in Section 7(c) in Exhibit 1, that may have occurred during the month. (d) Loma 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 invoices shall be deemed proper and acceptable. (e) If Loma Linda fails to pay San Bernardino within thirty (30) working days after the invoices are submitted, Loma Linda agrees San Bernardino shall have the right, after written notice to Loma Linda, to consider such default in payment a material breach of this entire Agreement. Loma Linda shall have ten (10) days following the date of such written notice within which to correct such breach. If Loma 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 Loma Linda from the duty and obligation to pay San Bernardino for services rendered according to Section 2(a) and 2(c) above. (f) Loma Linda 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 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. In addition to any other remedy at law, San Bernardino shall have the right of appeal to the Mayor and City Council of Loma Linda 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%) simple per annum from the date of withholding of any amounts found to be improperly withheld. RV P U B\AY CA625599 p 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 Loma 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 the Agreement and said failure continues for sixty (60) days after written notification by the other, then the Agreement will be in total breach and the non-breaching Party may terminate the Agreement immediately thereafter. (b) Either Party at any time may terminate the 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 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 agrees to give its good faith cooperation in the transfer of the work to any other consultant or service provider employed by Loma Linda following termination hereunder and to participate in such reasonable number of meetings at no cost to Loma Linda as shall be deemed necessary by Loma Linda to effectively accomplish such transfer. 6. Cooperation Loma Linda agrees to reasonably cooperate with San Bernardino in San Bernardino's performance of duties under the Agreement. RVPUB\AYC\625599 7. Loma Linda's Responsibilities Loma Linda shall furnish to San Bernardino maps, existing studies, ordinances, data and other existing information and materials in Loma Linda's possession, custody or control as shall be determined necessary by San Bernardino for it to complete the work contemplated by this Agreement. Loma Linda 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 Loma Linda shall remain the property of Loma Linda and shall be returned within ten (10) days of Loma Linda's written request to San Bernardino. Loma Linda hereby authorizes San Bernardino personnel to enforce Loma Linda's municipal code as it pertains to animals. Loma Linda shall take all necessary actions to deputize or otherwise make San Bernardino's actions to enforce Loma Linda's municipal code, including, but not limited to, adopting an ordinance or resolution bestowing the authority to enforce Loma Linda's municipal code upon San Bernardino personnel. 8. Loma Linda's Indemnification Loma Linda agrees and promises to indemnify, defend and hold harmless San Bernardino, its officers, elected officials, employees and agents, from and against all actions, causes of action, claims, demands, lawsuits, costs and expenses and liability for damages to persons or property that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organizations arising out of, or in connection with, the performance of this Agreement, excluding such actions, claims demands, lawsuits and liability for damages to persons or property arising from gross or willful misconduct of 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 any retained counsel and/or the City Attorney and members of his/her office shall be considered as "attorney fees" for the purpose of this paragraph. 9. San Bernardino's Indemnification San Bernardino agrees and promises to indemnify, defend and hold harmless Loma Linda, its officers, elected officials, employees and agents, from and against all actions, causes of action, claims, demands, lawsuits, costs and expenses and liability for damages to persons or property that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organizations arising out of, or in connection with, the performance of this Agreement, excluding such actions, claims demands, lawsuits and liability for damages to persons or property arising from gross or willful misconduct of Loma Linda, its officers, employees or agents. Said sums shall include, in the event of IRVPUB\WYC\625599 legal action, court costs, expenses of litigation, and reasonable attorney's fees. 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, is, and shall 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. Loma Linda shall not provide worker's compensation insurance for any San Bernardino employee, agent or subcontractor under any circumstances whatsoever. Furthermore, notwithstanding any other provision set forth herein, Loma Linda shall not indemnify, defend or hold harmless San Bernardino, its officers, employees, agents or subcontractors for worker's compensation claims. 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 Loma 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. 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. 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 Loma Linda. R V PUB W YC\625599 c 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 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 Loma Linda. 16. Term The term of this Agreement shall be for three (3) years, commencing on July 1, 2008 and terminating on June 30, 2011. 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 2011 invoice, plus five percent (5%), for each additional month until a new Agreement is established. In the event a new Agreement is not established by December 31, 2011, San Bernardino's obligations to provide Loma Linda with a comprehensive Animal Care and Control Program shall terminate. 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 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: Loma Linda San Bernardino Director of Community Development Director of Animal Control City of Loma Linda City of San Bernardino 25541 Barton Road 333 Chandler Place Loma Linda, CA 92354 San Bernardino, CA 92408 R V PUB\AYC\625599 t 909-799-2830 909-384-1304 Extension 1514 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. 20. Attorney 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 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 Loma Linda and San Bernardino and may be modified only by further written agreement between the Parties. R VPUB\AYC\625599 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 state, the day and year first above written. CITY OF LOMA LINDA CITY OF SAN BERNARDINO A Muni ' al Corporation A Municipal Corporation By: By: Stan Brauer Fred Wilson Mayor pro tempore City Manager Attest: Attest: City Clerk 611, City Clerk Approved as to Form: Approved as to Form: l mes F. Penman City Attorney ity Attorney RVPUB\AY0625599 C EXHIBIT 1 SCOPE OF SERVICES FOR ANIMAL CARE AND CONTROL PROGRAM Of EXHIBIT 1 City of Loma Linda 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 Loma Linda ("Loma Linda") under the provisions of the Municipal Code of Loma 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 Department and its officers have the authority to enforce those codes relating to all matters of animal control contained in the Municipal Code of Loma Linda, including any codes contained in any supplemental documents to Municipal Code of Loma Linda related to zoning and development code that also affect animals. Further, Loma Linda 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 July 1, 2008 through June 30, 2011 3. Impound, Care and Disposal of Dogs and other Domestic and Wild Animals San Bernardino will operate an animal care and control program for Loma 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 Loma Linda City Ordinances pertaining to animals, to include issuing warning notices or citations as necessary. San Bernardino may also file citations directly with the Court. The City Attorney for Loma Linda will appear in court, as necessary, on animal related cases. (b) The City Attorney for Loma Linda 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. (c) Impound all animals caught at large and collect all impound fees assessed. (d) Remove dead animals from the public right-of-way, except state freeways. (e) 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 maintain on-premise surveillance unless in the opinion of the Director of Animal 1 Control or designee there is a direct, clear and present danger to human life. San Bernardino will provide traps for nuisance animals upon request. (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 up to ten (10) days and attempts will be made to contact the owner. (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 for the purpose of capturing cats shall be made available to the residents of Loma Linda. Unless exceptional circumstances exist, residents of Loma Linda shall be responsible for obtaining, monitoring and returning all traps used for this purpose. (j) All services available to San Bernardino residents for which there is a fee shall be made available to Loma Linda residents for the same fee. (k) Loma Linda residents may bring stray, un-owned animals to the San Bernardino shelter at no charge to the resident. 4. Do a Licensing Program San Bernardino will sell dog licenses to Loma Linda residents. Licenses may be purchased at the shelter, Loma Linda City Hall, or through the mail. Loma Linda 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 Loma Linda twice annually. Two (2) part-time license canvassers will be assigned by San Bernardino to work in Loma Linda to secure compliance with Loma Linda dog license laws. All licensing revenue generated by Loma Linda residents will be accounted for in monthly accounting statements provided to Loma Linda by San Bernardino and remitted by San Bernardino to Loma Linda on a monthly basis. 5. Animal Care Education and Information Program San Bernardino will provide public educational/information programs to Loma Linda Schools, City employee groups, service groups and other organizations, upon request. 9 6. Veterinary Services Program San Bernardino will provide private veterinary services for the care of injured and sick animals that are impounded. The cost of this service is included in the contract price. 7. Staffing Level and Hours of Service (a) Field Services San Bernardino will provide routine field services for Loma Linda Monday through Friday between 8:15 a.m. and 5:15 p.m. A more limited service is provided on Saturdays, Sundays and Holidays. Calls to be considered routine and to be handled during the normal course of the officer's shift and include: • Confined strays Dead animals s Stray dogs running at large • Humane/Animal Cruelty investigations • Animal bites • 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. After hour emergency call-out service is provided daily from 5:15 p.m. to 8:15 a.m. Loma Linda may contact animal control field personnel via emergency pager, for after-hour service. A live after-hour answering service is available for Loma Linda residents. (b) Shelter Hours and Telephone 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:OOam to 7:OOpm 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 per day. (c) Emergency After Hours Procedures/Overtime (1) Limit on Overtime Calls. Overtime due to emergency calls in Loma Linda will be limited to 250 hours per year ("Limit"). "Overtime call(s)" are defined as any call made after regular shelter hours or when routine services shall be performed as described in Section 7 in this Exhibit. (2) Additional Overtime Calls. (A) Hourly 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". R (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 Loma Linda 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. Loma Linda will not be responsible for paying any Additional Overtime Calls unless initiated by Loma Linda Police or the Community Improvement Manager. (3) Procedures for Overtime Emergency Calls are as follows: The reporting party (RP) will contact the Loma Linda Police/Fire Dispatch, or the City of San Bernardino Animal Control. If the dispatcher deems the call an emergency (see criteria below) the dispatcher will page the on-call animal control officer (ACO). The ACO will contact Loma 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 Loma 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 Loma Linda Police/Fire, the ACO will automatically respond. San Bernardino will provide a monthly listing of on-call animal control personnel. San Bernardino will provide personnel to train Loma Linda dispatchers in on-call procedures, as requested. Criteria for Emergency Call-Out ♦ Injured stray animals ♦ Loose "aggressive" animals. ♦ Animal bites/attacks. ♦ Loose livestock if a threat to public safety ♦ Other dangerous or Poisonous animal situations posing public safety. ♦ Agency Assists for Fire, Police, Sheriff, etc. Emergency Calls will be responded to within thirty (30) minutes of receipt by San Bernardino when practicable. If the dispatcher determines that the call does not meet emergency call-out criteria, the RP will be instructed to contact animal control during regular business hours. San Bernardino personnel will not I respond on an emergency basis to loose animals, dead animals, wildlife, confined strays and sick or injured animals. 8. Inspection Designated personnel from Loma Linda may, at any time during normal business hours, inspect the office, shelter, vehicles and other facilities connected to servicing this Agreement. 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. 3 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 July 2008, between the City of Loma Linda, a municipal corporation (hereinafter "Loma Linda") and the City of San Bernardino, a municipal corporation, (hereinafter "San Bernardino"). Loma Linda and San Bernardino are herein referred to individually as a "Party" and collectively as the "Parties." WHEREAS, Loma Linda 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. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, CONVENANTS, AND CONDITIONS CONTAINED HEREIN, THE PARTIES MUTUALLY AGREE THAT: 1. Scope of Services (a) San Bernardino will perform certain services as described in the Scope of Services attached as Exhibit 1 (hereafter, the Scope of Services attached as Exhibit 1 shall be referred to as "Exhibit 1"), which by this reference, is incorporated herein. (b) Loma Linda, with the express written consent of San Bernardino, may modify the services listed in Exhibit 1 to be performed under this Agreement. (c) Anything not included in Exhibit 1 shall constitute extra work. The price to be paid by Loma Linda for any work performed pursuant to a modification of this Agreement or for extra work, shall be agreed upon by Loma Linda and San Bernardino, in writing, at the time of such modification, or later ratified. 2. Consideration (a) Loma Linda agrees to compensate San Bernardino for services and work products as defined in Exhibit 1, in the amount of $72,100.00 each fiscal year for the period July 1, 2008 through June 30, 2011, excluding RVPUB\AYC\625599 additional overtime as set forth in Section 7 (c) in Exhibit 1 in any given fiscal period. All license fees will be returned to Loma Linda. (b) Loma Linda shall not be required to pay any amounts in excess of the sums in section 2(a) or 2(c) for copying costs, incidental, direct or indirect costs of 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 1(b) and 1(c). (c) San Bernardino shall submit invoices to Loma Linda on a monthly basis for the period July 1, 2008 through June 30, 2011 in the amount of $6,008.33 for the first 11 months of the contract and $6,008.37 for the 12th month, plus any "Additional Overtime Calls," as defined in Section 7(c) in Exhibit 1, that may have occurred during the month. (d) Loma 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 invoices shall be deemed proper and acceptable. (e) If Loma Linda fails to pay San Bernardino within thirty (30) working days after the invoices are submitted, Loma Linda agrees San Bernardino shall have the right, after written notice to Loma Linda, to consider such default in payment a material breach of this entire Agreement. Loma Linda shall have ten (10) days following the date of such written notice within which to correct such breach. If Loma 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 Loma Linda from the duty and obligation to pay San Bernardino for services rendered according to Section 2(a) and 2(c) above. (f) Loma Linda 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 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. In addition to any other remedy at law, San Bernardino shall have the right of appeal to the Mayor and City Council of Loma Linda 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%) simple per annum from the date of withholding of any amounts found to be improperly withheld. RVPUB\AYC\625599 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 Loma 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 the Agreement and said failure continues for sixty (60) days after written notification by the other, then the Agreement will be in total breach and the non-breaching Party may terminate the Agreement immediately thereafter. (b) Either Party at any time may terminate the 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 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 agrees to give its good faith cooperation in the transfer of the work to any other consultant or service provider employed by Loma Linda following termination hereunder and to participate in such reasonable number of meetings at no cost to Loma Linda as shall be deemed necessary by Loma Linda to effectively accomplish such transfer. 6. Cooperation Loma Linda agrees to reasonably cooperate with San Bernardino in San Bernardino's performance of duties under the Agreement. RVPUB\AYC\625599 7. Loma Linda's Responsibilities Loma Linda shall furnish to San Bernardino maps, existing studies, ordinances, data and other existing information and materials in Loma Linda's possession, custody or control as shall be determined necessary by San Bernardino for it to complete the work contemplated by this Agreement. Loma Linda 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 Loma Linda shall remain the property of Loma Linda and shall be returned within ten (10) days of Loma Linda's written request to San Bernardino. Loma Linda hereby authorizes San Bernardino personnel to enforce Loma Linda's municipal code as it pertains to animals. Loma Linda shall take all necessary actions to deputize or otherwise make San Bernardino's actions to enforce Loma Linda's municipal code, including, but not limited to, adopting an ordinance or resolution bestowing the authority to enforce Loma Linda's municipal code upon San Bernardino personnel. 8. Loma Linda's Indemnification Loma Linda agrees and promises to indemnify, defend and hold harmless San Bernardino, its officers, elected officials, employees and agents, from and against all actions, causes of action, claims, demands, lawsuits, costs and expenses and liability for damages to persons or property that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organizations arising out of, or in connection with, the performance of this Agreement, excluding such actions, claims demands, lawsuits and liability for damages to persons or property arising from gross or willful misconduct of 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 any retained counsel and/or the City Attorney and members of his/her office shall be considered as "attorney fees" for the purpose of this paragraph. 9. San Bernardino's Indemnification San Bernardino agrees and promises to indemnify, defend and hold harmless Loma Linda, its officers, elected officials, employees and agents, from and against all actions, causes of action, claims, demands, lawsuits, costs and expenses and liability for damages to persons or property that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organizations arising out of, or in connection with, the performance of this Agreement, excluding such actions, claims demands, lawsuits and liability for damages to persons or property arising from gross or willful misconduct of Loma Linda, its officers, employees or agents. Said sums shall include, in the event of RVPUB\AYC\625599 legal action, court costs, expenses of litigation, and reasonable attorney's fees. 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, is, and shall 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. Loma Linda shall not provide worker's compensation insurance for any San Bernardino employee, agent or subcontractor under any circumstances whatsoever. Furthermore, notwithstanding any other provision set forth herein, Loma Linda shall not indemnify, defend or hold harmless San Bernardino, its officers, employees, agents or subcontractors for worker's compensation claims. 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 Loma 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. 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. 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 Loma Linda. RVPUB\AYC\625599 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 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 Loma Linda. 16. Term The term of this Agreement shall be for three (3) years, commencing on July 1, 2008 and terminating on June 30, 2011. 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 2011 invoice, plus five percent (5%), for each additional month until a new Agreement is established. In the event a new Agreement is not established by December 31, 2011, San Bernardino's obligations to provide Loma Linda with a comprehensive Animal Care and Control Program shall terminate. 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 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: Loma Linda San Bernardino Director of Community Development Director of Animal Control City of Loma Linda City of San Bernardino 25541 Barton Road 333 Chandler Place Loma Linda, CA 92354 San Bernardino, CA 92408 RVPUB\AYC\625599 909-799-2830 909-384-1304 Extension 1514 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. 20. Attorney 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 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 Loma Linda and San Bernardino and may be modified only by further written agreement between the Parties. RVPUB\AYC\625599 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 state, the day and year first above written. CITY OF LOMA LINDA CITY OF SAN BERNARDINO A Muni I Cor ration A Municipal Corporation By: By: Stan Brauer Fred Wilson Mayor pro tempore City Manager (Attest: Attest: City Clerk City Clerk Approved as to Form: Approved as to Form: a es F. Penman City Attorney C y Attorney RVPUMAY0625599 EXHIBIT 1 SCOPE OF SERVICES FOR ANIMAL CARE AND CONTROL PROGRAM EXHIBIT 1 City of Loma Linda 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 Loma Linda ("Loma Linda") under the provisions of the Municipal Code of Loma 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 Department and its officers have the authority to enforce those codes relating to all matters of animal control contained in the Municipal Code of Loma Linda, including any codes contained in any supplemental documents to Municipal Code of Loma Linda related to zoning and development code that also affect animals. Further, Loma Linda 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 July 1, 2008 through June 30, 2011 3. Impound, Care and Disposal of Dogs and other Domestic and Wild Animals San Bernardino will operate an animal care and control program for Loma 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 Loma Linda City Ordinances pertaining to animals, to include issuing warning notices or citations as necessary. San Bernardino may also file citations directly with the Court. The City Attorney for Loma Linda will appear in court, as necessary, on animal related cases. (b) The City Attorney for Loma Linda 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. (c) Impound all animals caught at large and collect all impound fees assessed. (d) Remove dead animals from the public right-of-way, except state freeways. (e) 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 Q 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 maintain on-premise surveillance unless in the opinion of the Director of Animal Control or designee there is a direct, clear and present danger to human life. San Bernardino will provide traps for nuisance animals upon request. (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 up to ten (10) days and attempts will be made to contact the owner. (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 for the purpose of capturing cats shall be made available to the residents of Loma Linda. Unless exceptional circumstances exist, residents of Loma Linda shall be responsible for obtaining, monitoring and returning all traps used for this purpose. (j) All services available to San Bernardino residents for which there is a fee shall be made available to Loma Linda residents for the same fee. (k) Loma Linda residents may bring stray, un-owned animals to the San Bernardino shelter at no charge to the resident. 4. Doq Licensing Program San Bernardino will sell dog licenses to Loma Linda residents. Licenses may be purchased at the shelter, Loma Linda City Hall, or through the mail. Loma Linda 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 Loma Linda twice annually. Two (2) part-time license canvassers will be assigned by San Bernardino to work in Loma Linda to secure compliance with Loma Linda dog license laws. All licensing revenue generated by Loma Linda residents will be accounted for in monthly accounting statements provided to Loma Linda by San Bernardino and remitted by San Bernardino to Loma Linda on a monthly basis. 5. Animal Care Education and Information Program San Bernardino will provide public educational/information programs to Loma Linda Schools, City employee groups, service groups and other organizations, upon request. F 6. Veterinary Services Program San Bernardino will provide private veterinary services for the care of injured and sick animals that are impounded. The cost of this service is included in the contract price. 7. Staffing Level and Hours of Service (a) Field Services San Bernardino will provide routine field services for Loma Linda Monday through Friday between 8:15 a.m. and 5:15 p.m. A more limited service is provided on Saturdays, Sundays and Holidays. Calls to be considered routine and to be handled during the normal course of the officer's shift and include: • Confined strays • Dead animals • Stray dogs running at large • Humane/Animal Cruelty investigations • Animal bites • 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. After hour emergency call-out service is provided daily from 5:15 p.m. to 8:15 a.m. Loma Linda may contact animal control field personnel via emergency pager, for after-hour service. A live after-hour answering service is available for Loma Linda residents. (b) Shelter Hours and Telephone 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. The phone lines will be answered twenty-four hours per day. (c) Emergency After Hours Procedures/Overtime (1) Limit on Overtime Calls. Overtime due to emergency calls in Loma Linda will be limited to 250 hours per year ("Limit"). "Overtime call(s)" are defined as any call made after regular shelter hours or when routine services shall be performed as described in Section 7 in this Exhibit. (2) Additional Overtime Calls. (A) Hourly 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". 0 l I I 4 (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 Loma Linda 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. Loma Linda will not be responsible for paying any Additional Overtime Calls unless initiated by Loma Linda Police or the Community Improvement Manager. (3) Procedures for Overtime Emergency Calls are as follows: The reporting party (RP) will contact the Loma Linda Police/Fire Dispatch, or the City of San Bernardino Animal Control. If the dispatcher deems the call an emergency (see criteria below) the dispatcher will page the on-call animal control officer (ACO). The ACO will contact Loma 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 Loma 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 Loma Linda Police/Fire, the ACO will automatically respond. San Bernardino will provide a monthly listing of on-call animal control personnel. San Bernardino will provide personnel to train Loma Linda dispatchers in on-call procedures, as requested. Criteria for Emergency Call-Out ♦ Injured stray animals ♦ Loose "aggressive" animals. t Animal bites/attacks. 4 Loose livestock if a threat to public safety + Other dangerous or Poisonous animal situations posing public safety. Agency Assists for Fire, Police, Sheriff, etc. Emergency Calls will be responded to within thirty (30) minutes of receipt by San Bernardino when practicable. If the dispatcher determines that the call does not meet emergency call-out criteria, the RP will be instructed to contact animal control during regular business hours. San Bernardino personnel will not ® respond on an emergency basis to loose animals, dead animals, wildlife, confined strays and sick or injured animals. A 8. Inspection Designated personnel from Loma Linda may, at any time during normal business hours, inspect the office, shelter, vehicles and other facilities connected to servicing this Agreement. 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.