HomeMy WebLinkAbout09- Animal Control :;,:' .. a ,.. . b � Irk •Ys
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From: Jon Cicirelli Subject: Resolution Authorizing an
Director Agreement between the Humane
Dept: Animal Control Society of San Bernardino, Inc. and the
City of San Bernardino for the Humane
Date: July 12, 2000 Society's Veterinarian to Oversee
Euthanasia Practices at the City of San
Bernardino Animal Control Division.
Synopsis of Previous Council Action:
April 7, 1997 Mayor and Common Council adopted Resolution 1997-103
authorizing execution of a contract for services with Dr. Gregory A.
Rex, a licensed veterinarian, to oversee the purchase and
administration of controlled substances for the purpose of humane
animal euthanasia, as required by law.
Recommended Motion:
a
Adopt Resolution_
Signature
Contact person: Inn icirPlli Phone- 5975
Supporting data attached: Staff report Ward: ALL
FUNDING REQUIREMENTS: Amount: Up to $300.00.
Source: (Acct. No.) 124-233-5111 / 124-233-5133
(Arrt Description) material and s,material and mnlies
/ training
Finance:
Council Notes:
Agenda Item No.-
71aYld-000
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 with the Humane Society of San Bernardino
Valley, Inc. , which employs a licensed veterinarian, to oversee the purchase and administration
of controlled substances for the purpose of humane animal euthanasia, as required by law.
Background: The Federal Controlled Substances Act of 1970 requires that certain classes of
drugs be strictly regulated. Included in these classifications are substances used by the City's
Animal Shelter to perform euthanasia. An animal shelter can not obtain a permit to order,
administer or possess any of the scheduled substances without the oversight of a veterinarian or a
registered veterinarian technician.
The City of San Bernardino has, in the past, entered into a contract for services with local
veterinarians who are willing to provide this service and who hold a valid permit. Recently, the
veterinarian who provided this service cancelled his contract with the City. The Humane Society
of San Bernardino Valley, Inc., has expressed its desire to assist City Animal Control with
obtaining a permit through their veterinarian. The City shelter currently employs a registered
veterinarian technician who has obtained the required permit. However, recent history has
shown a high turnover in this position. During the periods when there is no registered
veterinarian employed at the shelter, it is illegal for the shelter to possess the necessary
substances used in humane animal euthanasia.
A search of area veterinarians found no other acceptable candidates for this service. In most
cases, reimbursement on a monthly basis was required. In addition, some veterinarians were not
interested in this type of arrangement. The Humane Society, due to its low cost and similar
philosophy, is the best choice for the City of San Bernardino in this capacity.
Providing humane animal euthanasia is a requirement of all municipal shelters. Obtaining a
second permit, through the Humane Society's veterinarian, would provide additional protection
against unforeseen staff turnover in the registered veterinarian technician position. If the
registered veterinarian technician left the employ of the city, then the city would no longer be
permitted to possess the regulated substances.
The cost to the City would be only to reimburse the Humane Society for reasonable expenses
incurred to supply required drugs, medications or staff hours in the administration of this
agreement. These costs would require approval by the city's Director of Animal Control in
advance of any costs being incurred.
Fiscal Impact: None, except during times where the city animal shelter is without the services
of a registered veterinarian technician. In the event that the city is without the services of a
registered veterinarian technician, the estimated costs of the services of the Humane Society
would not be expected to exceed $300.00 for the 3 month recruitment period. This funding is
provided in the FY 2000/2001 division budget.
Recommendation: Adopt resolution
1
RESOLUTION NO.
3
4 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN
5 THE HUMANE SOCIETY OF SAN BERNARDINO VALLEY, INC. AND THE CITY OF
SAN BERNARDINO FOR THE HUMANE SOCIETY TO OVERSEE EUTHANASIA
6 PRACTICES AT THE CITY OF SAN BERNARDINO ANIMAL CONTROL DIVISION.
7 WHEREAS, federal law requires certain registrations and oversight for the purpose of
8 purchasing and administering controlled substances used for humanely euthanizing animals; and.
9 WHEREAS, the City of San Bernardino desires to have an agreement with the Humane
10 Society of San Bernardino Valley, Inc. for the purpose of providing secondary oversight of the
I I purchasing and administering of said controlled substances; and
12 WHEREAS,the Humane Society of San Bernardino Valley,Inc.possesses the required state
13 and federal registrations necessary to purchase and administer said controlled substances.
14 NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
15 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
16 SECTION 1. That the MAYOR of the CITY OF SAN BERNARDINO is hereby authorized
17 and directed to execute that certain contract for services between the CITY OF SAN BERNARDINO
18 and THE HUMANE SOCIETY OF SAN BERNARDINO VALLEY, INC., a copy of which is
19 attached hereto as Exhibit "A".
20 \\\
21 \\\
22 \\\
23 \\\
24 \\\
25 \\\
26 \\\
28 \\\
SMB/tbm 1holdhann.res)
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
2 HUMANE SOCIETY OF SAN BERNARDINO VALLEY, INC. AND THE CITY OF SAN
BERNARDINO FOR THE HUMANE SOCIETY TO OVERSEE EUTHANASIA
3 PRACTICES AT THE CITY OF SAN BERNARDINO ANIMAL CONTROL DIVISION.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof, held on
7 the day of , 2000, by the following vote, to wit:
8
9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
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 , 2000.
21
22
2' JUDITH VALLES, Mayor
24 Approved as to City of San Bernardino
25 form and legal content:
JAMES F. PENMAN,
26 City Attorney
27 4—z�
SMB/tbm [holdharm.res) ���
cOry
1 AGREEMENT TO OVERSEE EUTHANASIA PRACTICES AT THE CITY OF SAN
BERNARDINO ANIMAL CONTROL DIVISION
3 This agreement is entered into on 2000 between the CITY OF SAN
4 BERNARDINO, a municipal corporation ("CITY") and the HUMANE SOCIETY OF SAN
5 BERNARDINO VALLEY. INC. ("HUMANE SOCIETY").
6 WHEREAS. Federal law requires that either a state licensed Doctor of Veterinary Medicine
y
7 ("DVM") or state registered veterinary technician ("RVT") obtain registration from the Drug
8 Enforcement Administration to purchase and appropriately administer the required controlled drugs
9 and medications for the performance of humane animal euthanasias; and
10 WHEREAS, both parties agree that the CITY desires to have a state licensed Doctor of
11 Veterinary Medicine provide oversight of the use of the required controlled drugs and medications
12 at the CITY's Animal Control Shelter located at 333 Chandler Place, San Bernardino, California,
II
13 and
14 WHEREAS, the HUMANE SOCIETY desires to provide the federally required oversight
15 of the use of the controlled drugs and medications bons required to perform humane euthanasia of animals
16 at the CITY's Animal Control Shelter through the HUMANE SOCIETY's state licensed Doctor of
17 Veterinary Medicine.
18 NOW THEREFORE, the parties agree as follows:
19 SECTION 1. This Agreement is effective beginning August 1,2000 and continuing through
20 August 1, 2002. The parties may agree to extend the term of this Agreement.
21 THE HUMANE SOCIETY shall:
22 SECTION 2. Provide to the CITY the professional expertise of a state licensed Doctor of
23 Veterinary Medicine to assist in securing a Drug Enforcement Agency registration for the CITY's
24 Animal Control Shelter.
25 SECTION 3. Provide the required oversight of the use of the controlled drugs and
26 medication obtained with the above-referenced permit.
27 SECTION 4. Assist the CITY in developing appropriate policies and procedures to ensure
28 that humane euthanasia is performed on animals requiring said euthanasia at the CITY's Animal
SMBAbmIholdharm.acJ
I Control Shelter.
2 SECTION 5. Seek reimbursement for funds expended in obtaining drugs or medications
3 for the CITY's Animal Control Division.
4 SECTION 6. Seek reimbursement for staffing costs incurred to administer this agreement.
5 THE CITY shall:
6 SECTION 7. Allow the HUMANE SOCIETY's state licensed Doctor of Veterinary
7 Medicine to apply for the required Drug Enforcement Agency's registration to use required drugs
8 and medications to perform humane animal euthanasias at the CITY's Animal Control Shelter
9 located at 333 Chandler Place. San Bernardino, California. When received, this registration will be
10 held at the CITY's Animal Control Shelter until its return is requested by the HUMANE SOCIETY
I l or the HUMANE SOCIETY's Doctor of Veterinary Medicine. The CITY will immediately
12 surrender to the HUMANE SOCIETY this registration upon request.
13 SECTION 8. Ensure that all controlled drugs or medications purchased with the above-
14 referenced permit are stored in an appropriate manner, as required by federal law, to ensure that
15 potential misuse or theft cannot occur.
16 SECTION 9. Ensure that all staff members who administer the controlled drugs and/or
17 medications to animals are certified and trained in the correct use of the drugs as required by state
18 and federal laws.
19 SECTION 10. Keep accurate and detailed records as to the amount and type of
20 drugs/medications purchased. and log the use of all drugs and medications used in an appropriate
21 manner and on forms approved jointly by the CITY's Animal Control Division and the HUMANE
22 SOCIETY.
23 SECTION 11. Allow either the HUMANE SOCIETY's Doctor of Veterinary Medicine, or
24 other designated agent to observe/monitor the CITY's Animal Control staff while performing
25 euthanasia and utilizing the drugs and medications mentioned. This observation can occur at any
26 time either with or without notice.
27 SECTION 12. Immediately consider implementing any change in policy or procedure
28 regarding the use of the drugs or medications outlined, if requested by the HUMANE SOCIETY or
SM/thm[hold harm.acl 2
I its state licensed Doctor of Veterinary Medicine. The reason for this provision is to ensure that the
2 most humane methods of animal euthanasia are employed by the CITY's Animal Control staff.
3 SECTION 13. Reimburse the HUMANE SOCIETY for any reasonable costs incurred to
4 supply required drugs or medications to the CITY for the purpose of providing humane animal
5 euthanasias. Costs will be discussed with, and approved by, the CITY's Director of Animal Control
6 in advance of any cost being incurred.
7 SECTION 14. Reimburse the HUMANE SOCIETY for reasonable costs incurred by the
8 HUMANE SOCIETY to pay staff for assisting with the training, implementation, or required
9 monitoring of this agreement. Costs will be discussed with, and approved by, the CITY'S Director
10 of Animal Control in advance of any costs being incurred.
I 1 HOLD HARMLESS
12 SECTION 15. The CITY hereby agrees to indemnify, defend, and hold harmless the
13 HUMANE SOCIETY and its agents,officers,and employees from any and all claims or sums which
14 the HUMANE SOCIETY or its agents, officers, and employees may be obligated to pay by reason
15 of any liability of an kind imposed� y y posed upon them, including damages to property or injury or death of
16 persons, arising out of the performance of the services rendered by the CITY or caused by any error,
17 omission, or act of the CITY arising from or related to any of the activities of the San Bernardino
18 Animal Control concerning the management of the Drug Enforcement Administration Registration
19 for the City of San Bernardino Animal Shelter only. Said sums shall include, in the event of legal
20 action, court costs, expenses of litigation, and reasonable attorneys' fees.
2l SPECIAL PROVISIONS
22 SECTION 16. The CITY shall comply with all applicable federal, state and local laws,
23 rules, regulations, and ordinances.
24 SECTION 17. The HUMANE SOCIETY shall comply with all applicable federal,state and
25 local laws, rules, regulations, and ordinances.
26 SECTION 18. This Agreement shall not be assignable except with the mutual written
27 consent of the parties hereto.
28 SECTION 19. This Agreement may be amendable by the mutual written consent of the
SM/tbm[ho Idharm.ac] 3
I parties hereto.
2 SECTION 20. This Agreement may be terminated by either party upon the giving of written
3 notice to the other party.
4 IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
CITY OF SAN BERNARDINO HUMANE SOCIETY OF SAN
6 BERNARDINO VALLEY, INC.
7
8 Judith Valley, Mayor Brian M. Cronin, Executive Director
City of San Bernardino Humane Society of San Bernardino
9 Valley, Inc.
10
11 Date: Date:_711 Ai _
12
13
14
15 Approved as to form and
legal content:
16
JAMES F. PENMAN,
17 City Attorney
18
19 By: ....
21
22
2;
24
25
26
27
28
SMB/tbm [holdharm.acl 4