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HomeMy WebLinkAbout09-Animal Control . , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Jon Cicirelli Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement for services with the City of Loma Linda for animal shelter services. M/CC Meeting Date: June 18, 2001 Dept: Animal Control 0 R ' t'I. I ~ , ;' L II ""Ihii Date: May 29, 2001 Synopsis of Previous Council Action: June 17,1996, Resolution 96-177 adopted authorizing a four-year contract for animal sheltering services Recommended Motion: Adopt Resolution \ Signature Contact person: Inn (",i,.i~lIi Phone: 0;"0; Supporting data attached: StllfTReport Ward: FUNDING REQUIREMENTS: Amount: 512,891, revenue in FY 01-02 Source: (Acct. No.) 124-000-4757 (A,...rt np<!.r.riptinn)rnntr!;lM I:hpltpr fpp<!. Finance: Council Notes: Agenda Item No. J r,/lsjP/ . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACfION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement for services with the City ofLoma Linda. Background: The City of San Bernardino currently provides animal sheltering services to the City of Lorna Linda and has done so for the past four years. Lorna Linda provides their own animal control officers and equipment to perform animal control duties within Loma Linda. Lorna Linda staff transports animals to the San Bernardino shelter and the City of San Bernardino charges a daily fee to hold the animals for their required holding period. In addition, the shelter provides adoption services, veterinarian services, owner redemption services, fee collection services and disposal services. The proposed contract is much the same as previous contracts for this service. The current per animal contract amount will remain $27.50 for each dog and $16.50 for each cat during the period 7/1/2001 through 6/30/2002. During the period 7/1/2002 through 6/30/2004 the per- animal contract amount will increase to $30.00 for each dog and $19.00 for each cat. The only other price change will be an annual surcharge for animal disposal. Because of increases in natural gas prices, the City of San Bernardinos contract prices for disposal have increased 60"10 this year. The new annual surcharge will be $500. Financial Impact: Year 1 estimated total revenue (306 dogs and 241 cats and disposal surcharge) = $12,891. The year one revenue estimate for animal fees was included in the FY 01-02 budget projections, however, the disposal surcharge of $500 was not included. Year 2 estimated total revenue (306 dogs and 241 cats and disposal surcharge) = $14,259 Year 3 estimated total revenue (306 dogs and 241 cats and disposal surcharge) = $14,259 Contract three year estimated total = $41,500 Recommendation: Adopt Resolution . '"-. ~' ",", ,....- "- ~(Q)~V 1 2 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCll. OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH THE CITY OF LOMA LINDA FOR ANIMAL SHELTER SERVICES. 4 WHEREAS, state law requires that all cities and counties must provide rabies control 5 programs that include an animal shelter system and, 6 WHEREAS, the CITY OF SAN BERNARDINO possesses the qualified personnel and 7 facilities to perform such services and carry out such programs and, 8 9 10 WHEREAS, the CITY OF LOMA LINDA desires to be in compliance with state and loca11aws in the provision of an animal shelter system. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 11 12 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement for Services with the City of Lorna Linda for 13 14 animal shelter services, a copy of which is attached hereto, marked Exhibit A. 15 16 III 17 /II 18 III 19 20 21 1/1 22 III /II 23 III 24 1/1 25 III 26 /II 27 28 #9 VJII~o , - 1 ......... 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH THE CITY OF LOMA LINDA FOR ANIMAL SHELTER SERVICES. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on the 6 7 day of ,2001, by the following vote to wit: 8 Council Members AYES NAYS ABSTAIN ABSENT 9 ESTRADA - 10 11 LIEN 12 MCGINNIS - 13 SCHNETZ - - -- 14 SUAREZ "- 15 ANDERSON - 16 MCCAMMACK - - 17 18 19 Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this day of ,2001. 21 22 23 Judith Valles, Mayor 24 City of San Bernardino Approved as to Form 25 and legal content: 26 JAMES F. PENMAN "...- 27 City Attorney [ ........ Bt-1 p~ 28 AGREEMENT '- EXHIBIT A THIS AGREEMENT is entered into this 1" day of July 2001, by and between the CITY OF SAN BERNARDINO, a municipal corporation, ("City"), and the CITY OF LOMA LINDA, a municipal corporation, ("Contracting Agency"). The parties agree as follows: 1. Recitals. (a) City has an animal shelter and other facilities for the handling of animals. (b) Contracting Agency does not have an animal shelter or other facilities to handle the impounding or disposal of animals. City is agreeable to aid and assist Contracting - '-' Agency by impounding, caring for and disposing of animals delivered to the Animal Shelter by residents of, or official representatives of, Contracting Agency according to the provisions of this agreement. 2. Impounding and Disposal of Animals. City shall, through its Animal Control Department accept, impound and dispose of dogs, cats or other animals, which are delivered to City's Animal Shelter by an agent, officer, or employee of Contracting Agency, and all loose or stray dogs and cats brought to the City Animal Shelter by anyorie from within the incorporated area of Contracting Agency. Each person delivering an animal shall sign a Receiving Slip. City shall, for and on behalf of Contracting Agency, pursuant to applicable laws, humanely kill, release to owner, or otherwise dispose of all animals received. No domesticated animal shall be killed or disposed of without an attempt to notify the owner if the owner is known by City. - ......... City is not obligated to accept or dispose ofhea1thy adult wildlife. 1 '-' ,... '- r'" "- 3. Holdinll Periods. No stray dog, stray cat or other stray domesticated animals shall be disposed of before four (4) business days have elapsed from the time the animal was delivered to the Animal Shelter, unless the Contracting Agency or the owner of the animal gives written authorization for earlier disposal. After the four (4) business days have elapsed, the animal becomes the property of the City and the City is authorized to dispose of the animal in any manner permitted by law, including City Ordinances. Animals ordered by the Contracting Agency to be held longer than four (4) business days, other than rabies quarantine, shall additionally be charged the prevailing Daily Board Fee, as set by City Resolution. Such instances include, but are not limited to: cruelty cases, other court cases, or ten- (10) day holds on abandoned animals. Rabies quarantined animals will be held for ten (10) days from the date of the bite with no additional charge to Contracting Agency. Animals surrendered by the owner shall be held in accordance with the state law. 4. Warrantv of Lawful Aoorehension. Contracting Agency warrants to the City that all animals impounded by its agents, employees or other authorized representatives have been apprehended and impounded pursuant to existing laws. 5. Pavment. Contracting Agency shall pay to City, during the period of July 1, 2001 through June 30, 2002, $27.50 for any canine (dog or puppy), and $16.50 for any feline (cat or kitten) impounded. For the period of July I, 2002 through June 30, 2004 the Contracting Agency shall pay to City, $30.00 for any canine (dog or puppy), and $19.00 for any feline (cat or kitten) impounded. A litter of unweaned puppies or kittens shall be charged as one animal and may be euthanized immediately upon impounding by mutual agreement of the Contracting Agency and City. Animals delivered by Contracting Agency that have been released by their owner shall be charged at 50% of the per animal fee. Additionally, Contracting Agency shall pay to the City for livestock and other animals delivered to the City under the terms of this agreement the following fees: 2 . . - ',-, DAILY BOARD AND CARE LARGE LIVESTOCK Over 500 lbs. (E.g. Horses, Mules, Donkeys, Cattle) $ 12.50 MEDIUM LIVESTOCK 25 to 500 lbs. (E.g. Goats, Sheep, Pigs) SMALL LIVESTOCK (E.g. Rodents, Rabbits, Chickens, Geese, Birds) 10.00 5.00 City shall notify Contracting Agency if the above fees are increased by Resolution. City shall present an invoice on or before the tenth day of each month for the amount due. Contracting Agency shall pay said invoice not later than the last day of the month in which billed. '-' Contracting Agency shall pay an annual fee of $500.00 for dead animal disposal, which shall be . "- billed to Contracting Agency in each July invoice. 6. Voluntary DisDosal. City is authorized to accept a dog or cat from its owner residing within the incorporated area of Contracting Agency. In such cases no charge shall be made against Contracting Agency for its disposal and the dog or cat shall not be included in the total number of dogs or cats computed pursuant to Paragraph 5 of this agreement. City may charge the owner a fee for such services. 7. Dt:P"ti7.ation. City officers, agents or employees shall be authorized to collect Contracting Agency's license, apprehension, shelter, and related penalty fees at the Animal Shelter, as directed by Contracting Agency, for all animals received under this agreement. City officers, agents, or employees shall also collect the requisite sums for rabies vaccinations where required. r- Contracting Agency will furnish such license forms and receipt books as may be deemed necessary \".... 3 . . - '- by Contracting Agency to City. City shall provide all animal impound cards and receiving slips to Contracting Agency. 8. Funds Collected bv Citv. Rabies vaccination deposits shall be retained by City, and shall be refunded to the depositor upon presentation of proof of vaccination. Fees for voluntary disposal of dogs or cats, daily board fees and vaccination fees shall be retained by city. All other monies collected by City for Contracting Agency in connection with this agreement shall be deposited in the City Treasury and shall be paid to Contracting Agency on or before the twentieth day of each month for the month preceding. 9. Term. This agreement shall be for a term of three (3) years commencing July 1, 2001, and ending June 30, 2004. 10. Indemnification. Contracting Agency agrees and promises to indemnify, defend and - \.... hold harmless City, its officers, employees and agents, from and against all actions, claims, demands, lawsuits, and liability for damages to persons or property that may be asserted or claimed by any person, firms, entity, corporation, political subdivision, or other organizations arising out of or in connection with the performance of this agreement, but excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the sole negligence or willful misconduct of City, its officers, employees or agents. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorneys' fees. 11. Termination. This agreement may be terminated by either party upon 90 days written notice. In the event of termination, the Contracting Agency's compensation to City shall be prorated to reflect the period during which the agreement is in effect. 12. This agreement may be amendable by the mutual written consent of the parties c_~ "- hereto. 4 --- r- '- ,,- ,,-.. IN WITNESS WHEREOF, the parties have executed this agreement on the date first herein above written. City of Lorna Linda By: Floyd Petersen, Mayor Approved as to Form and legal Content: Richard Holdaway City Attorney By: 5 City of San Bernardino By: Judith Valles, Mayor James F. Penman City Attorney By;L :;</~ (J I . CITY CLERK'S OFFICE RAcHEL G. CLARK, C.M.C. . CITY CLERK '" P.O. Box 1318' San Bernardino. CA 92402 300 North "0" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.ci.san-bernardino.ca.us June 25, 2001 Floyd Petersen, Mayor City of Loma Linda 25541 Barton Road Loma Linda, CA 92354 Dear Mayor Petersen, At the Mayor and Common Council meeting of June 18, 2001, the City of San Bernardino adopted Resolution 2001-201 - Resolution authorizing the execution of an agreement for services with the City of Loma Lindafor animal shelter services. Enclosed is one (1) original agreement. Please obtain signatures in the appropriate locations and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the agreement for your files. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, ///. ;{. /; / i~, c? '/'! Michelle Taylor Senior Secretary Enclosure cc: Jon Cicirelli, Animal Control CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty City Of Lorna Linda 25541 Barton Road, Lorna Linda, California 92354-3160 . (909) 799-2800 . FAX (909) 799-2890 Sister City - Manipal. Karnataka, India August 14,2001 Michelle Taylor City Clerk's Office City of San Bernardino P. O. Box 1318 San Bernardino, CA 92402 Dear Ms. Taylor: Subject: Animal Shelter Services Enclosed is a signed original of the Agreement between the City of San Bernardino and the City of Lorna Linda for animal shelter services for the period of July 1, 2001 through June 30, 2004. If anything further is needed, please advise. Sincerely, f~~-{)'~ Pamela Byrnes-O'Camb City Clerk Enclosure Recycled paper CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: August 16,2001 TO: Jon Cicirelli, Director of Animal Control FROM: Michelle Taylor, Senior Secretary RE: Resolution 2001-201 - Animal Shelter Services Agreement, Loma Linda CC: Finance Attached is an executed copy of the agreement between the City of San Bernardino and the City of Loma Linda for animal shelter services. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): f,-llI-o I Item # Vote: Ayes \-1 Nays-Er Change to motion to amend original documents: q Abstain --8-- Resolution # ,tJOJ (- ~O I Absent .e Reso. # On Attachments: ~ Contracttenn: 7- (-0 (~ ,"c3D-O,/ Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: (,- ZO nO \ Date of Mayor's Signature: (, -2\""\ Date of Clerk/CDC Signature: (.,- Zz --<::> \ Date Memo/Letter Sent for Signature: \o-dS;-OI Null/Void After: -- By: - Reso. Log Updated: Seal Impressed: ,/ ;/ 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: v" Date Returned: 8'-/ (.- 0\ See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney / Code Compliance Dev. Services Parks & Rec. Police Public Services Water Notes: Yes~ No By Yes No ~ By Yes No v By Yes No ,/ By Yes No 7 By EDA Finance v" MIS Others: Ail /(711lG ('Cn'1f-CJ. , 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: ~ Date: ,S-- 1(,- 0\ Revised 01/12/01