HomeMy WebLinkAbout05.I- Police 5.1
RESOLUTION (ID # 3810) DOC ID: 3810 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Jarrod Burguan M/CC Meeting Date: 05/18/2015
Prepared by: Adam Affrunti, (909) 384-
7228
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of the Animal Control and Housing Agreement Between the City of Grand
Terrace and the City of San Bernardino. (#3810)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: $964,340
Account No: 124-210-0000-4757
Account Description: Animal Control Contract Shelter Fee
Balance as of 5/1/15: $705,515
Balance after approval of this item: Revenue to increase by $11,858 for FY14/15
Account Budgeted Amount: -0-
Account No: 772-2357
Account Description: Shelter Improvement 15% Retention
Balance as of 5/1/15: $92,557
Balance after approval of this item: Revenue to increase by $2,093 for FY14/15
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
I Motion: Adopt the Resolution.
SYNOPSIS OF PREVIOUS COUNCIL ACTION
March 3, 2014 Resolution 2014-47 Amendment to Agreement extending the term
an additional three months to end the term with the fiscal year
adopted by Council.
March 18, 2013 Resolution 2013-55 Amendment to Agreement extending the term
one year and increasing the cost adopted by Council.
April 5, 2010 Resolution 2010-62 Animal Control and housing agreement
between City of San Bernardino and City of Grand Terrace adopted
by Council.
BACKGROUND
Updated: 5/13/2015 by Georgeann "Gigi" Hanna B Packet Pg. 81
5.1
3810
The City of San Bernardino has provided a comprehensive animal care and control
program for the City of Grand Terrace under the provisions of the Municipal Code of
Grand Terrace, which prescribes procedures and standards for licensing, impounding,
regulation, and control of dogs, cats, and other domestic and wild animals. The 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
Grand Terrace, including any codes contained in any supplemental documents to
Municipal Code of Grand Terrace related to zoning and development code that also
affect animals.
This service agreement extends the comprehensive animal care and control program
provided to the City of Grand Terrace by the City of San Bernardino.
City Attorney Review:
Supporting Documents:
Grand Terrace Reso 2015 (DOC)
agrmt 3810 (PDF)
Updated: 5/13/2015 by Georgeann "Gigi" Hanna B Packet Pg. 82
5.I.a
1 RESOLUTION NO. c
COUNCIL OF THE CITY OF 0
RESOLUTION OF THE MAYOR AND COMMON
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SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE ANIMAL
3 CONTROL AND HOUSING AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND THE CITY OF SAN BERNARDINO.
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
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COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1: That the City Manager of the City of San Bernardino is hereby m
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8 authorized to execute on behalf of said City an Agreement between the City of San 0
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9 Bernardino and the City of Grand Terrace, a copy of which is attached hereto and
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incorporated herein, marked"Exhibit A." m
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SECTION 2: The authorization to execute the above-referenced Agreement is E
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rescinded if not executed within sixty(60) days of the passage of this Resolution. a
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FPacket Pg. 83
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
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SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE ANIMAL L
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E CITY OF GRAND +-
2 CONTROL AND HOUSING AGREEMENT BETWEEN TH 0
TERRACE AND THE CITY OF SAN BERNARDINO.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 Common Council of the City of San Bernardino at a meeting m
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thereof,held on the day of , 2015,by the following vote, to wit: y.
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9 Council Members: AYES NAYS ABSTAIN ABSENT v
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10 MARQUEZ m
11 BARRIOS
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VALDIVIA a,
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14 SHORETT
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15 NICKEL
16 JOHNSON o
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17 MULVIHILL 0
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20 Georgeann Hanna, City Clerk
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21 The foregoing resolution is hereby approved this day of , 2015. LO
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23 R. Carey Davis, Mayor
24 City of San Bernardino
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25 Approved as to form:
Gary D. Saenz, City Attorney
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By:
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PROFESSIONAL SERV ICES AGREEMENT
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City of San Bernardino
Animal Control and Housing Services o
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THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into this day of May, 2015, ("Effective Date") by and between the CITY
OF GRAND TERRACE ("City"), a public entity, and the CITY OF SAN CU
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BERNARDINO, a public entity("Service Provider"). _
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1. Scope of Services. City agrees to retain and does hereby retain Service a
Provider and Service Provider agrees to provide the services more particularly 00
described in Exhibit "I", "Scope of Services and Fees", attached hereto and
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incorporated herein by reference, in conjunction with Animal Control and Housing o
Services("Services").
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2. Term. This Agreement shall be effective on the date first written above m
unless otherwise provided in Exhibit "1" and the Agreement shall remain in effect until 3
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June 30, 2016, unless otherwise terminated pursuant to the provisions herein. This m
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Agreement may be extended up to two years at the discretion of the City Manager and the a
acquiescence of Service Provider. If a new Agreement has not been negotiated prior to the E
termination date, then San Bernardino may continue to provide the terms of service in this
Agreement for the monthly contract amount of the June 2016 invoice, plus an additional ¢
ten (10) percent of the invoice. The compensation fee or payment amount for services
rendered herein shall be adjusted upward on July I not less than 3%and not more than 5% o
and shall be based on the Bureau of Labor Statistics' CPl for the Western Region of the =
United States. Service Provider shall provide City with the amount of the proposed
increase in the compensation fee in writing 90 calendar days prior to the July 1 effective 0-
date. c
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3. Compensation/Payment. Service Provider shall perform the Services M
under this Agreement for fees not to exceed $149,535.00 annually, payable monthly, in
accordance with the terms set forth in Exhibit "1". Fifteen percent (15%) of the annual e
compensation, $22,430.25, shall be allocated to the shelter improvement fund. Said °
payment shall be made in accordance with the City's usual accounting procedures upon
receipt and approval of an invoice setting forth the services performed. The invoices o
shall be delivered to the City at the address set forth in Section 4 hereof. Service 0D
Provider shall not be compensated for any services rendered in connection with its E
performance of this Agreement which are in addition to those set forth herein, unless such M
additional services are authorized in advance and in writing by the City Manager. Service
Provider shall be compensated for any additional services in the amounts and in the
manner as agreed to by City Manager and Service Provider at the time City's written
authorization is given to Service Provider for the performance of said services.
4. Notices. Any notices required to be given hereunder shall be in writing
and shall either be personally served or mailed first class, postage paid. Any notice given
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by mail shall be deemed given when deposited in the United States Mail, first class
postage prepaid, addressed to the party to be served as follows:
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5. To City: To Service Provider:
City of Grand Terrace City of San Bernardino
Attn: Barrie Owens Attn: Captain Paul Williams o
22795 Barton Road 710 North"D" Street
Grand Terrace, California 92313 San Bernardino, California 92418
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6. Prevailing Wage. Service Provider shall abide by all applicable labor laws.
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7. Contract Administration. A designee of the City will be appointed to F
administer this Agreement on behalf of the City and shall be referred to herein as Contract m
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Administrator.
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8. Standard of Performance. While performing the Services, Service Provider r
shall exercise the reasonable professional care and skill customarily exercised by reputable
members of Service Provider's profession practicing in the Metropolitan Southern California d
Area, and shall use reasonable diligence and best judgment while exercising its professional
skill and expertise. 0°
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9. Personnel. Service Provider shall furnish all personnel necessary to perform E
the Services and shall be responsible for their performance and compensation. Service
Provider recognizes that the qualifications and experience of the personnel to be used are a
vital to professional and timely completion of the Services.
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10. Assignment and Subcontracting. Neither party shall transfer any right, _
interest, or obligation in or under this Agreement to any other entity without prior written
consent of the other party. In any event, no assignment shall be made unless the assignee o
expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory
to the parties. Service Provider shall not subcontract any portion of the work required by v
this Agreement without prior written approval by the City's Contract Administrator.
Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Agreement, including without limitation, the insurance obligations set a
forth in Section 13. Service Provider acknowledges that any transfer of rights may require
City Manager and/or City Council approval. M
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11. Independent Contractor. In the performance of this Agreement, Service co
Provider, and Service Provider's employees, subcontractors and agents, shall act in an
independent capacity as independent contractors, and not as officers or employees of the City
of Grand Terrace. Service Provider acknowledges and agrees that City has no obligation to
pay or withhold state or federal taxes or to provide workers' compensation or unemployment a
insurance to Service Provider, or to Service Provider's employees, subcontractors and agents.
Service Provider, as an independent contractor, shall be responsible for any and all taxes
that apply to Service Provider as an employer. Q
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12. Indemnification. Service Provider agrees and promises to indemni fy, defend
and hold harmless City, its officers, elected officials, employees and agents, from and
against all actions, causes of action, claims, demands, lawsuits, costs and expenses and F-
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, o
lawsuits and liability for damages to persons or property arising from gross 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 attorney's fees. The costs,
salary and expenses of any retained counsel and/or the City Attorney and members of his/her c
office shall be considered as "attorney fees" for the purpose of this paragraph.
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City agrees and promises to indemnify, defend and hold harmless Service Provider, m
its officers, elected officials, employees and agents, from and against all actions, causes of M
action, claims, demands, lawsuits, costs and expenses and liability for damages to persons o
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 U
performance of this Agreement, excluding such actions, claims demands, lawsuits and CD
liability for damages to persons or property arising from gross or willful misconduct of 3
Service Provider, its officers, employees or agents. Said sums shall include, in the event of m
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 E
his/her office shall be considered as "attorney fees" for the purpose of this paragraph. a
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13. Insurance.
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13.1 General Provisions. Prior to the City's execution of this Agreement, Service =
Provider shall provide satisfactory evidence of, and shall thereafter maintain during the
term of this Agreement, such insurance policies and coverages in the types, limits, forms
and ratings required herein. The rating and required insurance policies and coverages may
be modified in writing by the City's Risk Manager or City Attorney, or a designee, unless 0
such modification is prohibited by law.
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13.1.1 Limitations. These minimum amounts of coverage shall not constitute any
limitation or cap on Service Provider's indemnification obligations under Section 12 hereof. c
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13.1.2 Ratings. Any insurance policy or coverage provided by Service Provider or
subcontractors as required by this Agreement shall be deemed inadequate and a material Go
breach of this Agreement, unless such policy or coverage is issued by insurance companies
authorized to transact insurance business in the State of California with a policy holder's E
rating of A or higher and a Financial Class of VIII or higher.
13.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days E
prior written notification of intended cancellation has been given to City by certified or 0
registered mail, postage prepaid. Q
13.1.4 Adequacy. The City, its officers, employees and agents make no
representation that the types or limits of insurance specified to be carried by Service
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Provider pursuant to this Agreement are adequate to protect Service Provider. If Service
Provider believes that any required insurance coverage is inadequate, Service Provider will
obtain such additional insurance coverage as Service Provider deems adequate, at Service L
Provider's sole expense.
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112 General Liability. "General Liability: One million dollars ($1,000,000)
per occurrence for bodily injury, personal injury and property damage. If Commercial —
General Liability Insurance or other form with a general aggregate limit is used, either the w
general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit."
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13.3 Workers' Compensation Insurance: By executing this Agreement, Service "a
Provider certifies that Service Provider is aware of and will comply with Section 3700 of =
the Labor Code of the State of California requiring every employer to be insured against m
liability for workers' compensation, or to undertake self-insurance before commencing
any of the work. 0
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Service Provider shall carry the insurance or provide for self-insurance required by v
California law to protect said Service Provider from claims under the Workers'
Compensation Act. Prior to City's execution of this Agreement, Service Provider shall file
with City either (1) a certificate of insurance showing that such insurance is in effect, or m
that Service Provider is self-insured for such coverage, or (2) a certified statement that
Service Provider has no employees, and acknowledging that if Service Provider does E
employ any person, the necessary certificate of insurance will immediately be filed with
City. Any certificate filed with City shall provide that City will be given ten (10) days prior a
written notice before modification or cancellation thereof. c
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13.4 Automobile Insurance. Prior to City's execution of this Agreement, Service =
Provider shall obtain, and shall thereafter maintain during the term of this Agreement,
automobile liability insurance as required to insure Service Provider against damages for fQ
personal injury, including accidental death, as well as from claims for property damage,
which may arise from or which may concern operations by anyone directly or indirectly o
employed by, connected with, or acting for or on behalf of Service Provider. The City, and
its officers, employees and agents, shall be named as additional insureds under the Service E
Provider's insurance policies. a
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13.4.1 Service Provider's automobile liability policy shall cover both bodily co
injury and property damage in an amount not less than $500,000 per occurrence and an o
aggregate limit of not less than $1,000,000. All of Service Provider's automobile and/or co
commercial general liability insurance policies shall cover all vehicles used in connection
with Service Provider's performance of this Agreement, which vehicles shall include, but are E
not limited to, Service Provider owned vehicles, Service Provider leased vehicles, Service f0
Provider's employee vehicles, non-Service Provider owned vehicles and hired vehicles.
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13.4.2 Prior to City's execution of this Agreement, copies of insurance policies or
original certificates and additional insured endorsements evidencing the coverage required Q
by this Agreement, for automobile liability insurance, shall be fled with the City and shall
include the City and its officers, employees and agents, as additional insureds. Said policies
shall be in the usual form of commercial general and automobile liability insurance policies,
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but shall include the following provisions:
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It is agreed that the City of Grand Terrace and its officers, employees and
agents, are added as additional insured's under this policy, solely for work
done by and on behalf of the named insured for the City of Grand Terrace.
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13.5 Errors and Omissions Insurance. Prior to City's execution of this Agreement, o
Service Provider shall obtain, and shall thereafter maintain during the term of this w
Agreement, errors and omissions professional liability insurance in the minimum amount
of $2,000,000 to protect the City from claims resulting from the Service Provider's
activities. 0
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13.6 Subcontractors' Insurance. Service Provider shall require all of its F
subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, m
damage or loss, that may be caused by the subcontractors' scope of work and activities in
provided in furtherance of this Agreement, including, but without limitation, the following o
coverages: Workers Compensation (except for a sole proprietor), Commercial General
Liability, and Automobile liability. Upon City's request, Service Provider shall provide the
City with satisfactory evidence that Subcontractors have obtained insurance policies and
coverages required by this section. 3
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133 Certificate of Self Insurance. In lieu of the foregoing policy(ies) of
insurance, Service Provider may file a Certificate of Self-insurance with City to satisfy the E
insurance requirements under this Agreement. d
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14. Business Tax. Service Provider is a municipal government and exempt from
the City's Business Tax.
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15. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
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16. City's Right to Employ Other Service Providers. City reserves the right 0
to employ other Service Providers in connection with the Services . Fu
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17. Accounting Records. Service Provider shall maintain complete and accurate Q
records with respect to costs incurred under this Agreement. All such records shall be o
clearly identifiable. Service Provider shall allow a representative of City during normal M
business hours and upon reasonable notice to examine, audit, and make transcripts or copies
of such records and any other documents created pursuant to this Agreement. Service CO
Provider shall allow inspection of all work, data, documents, proceedings, and activities
related to the Agreement for a period of three (3) years from the date of final payment under E
this Agreement.
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18. Confidentiality. All ideas, memoranda, specifications, plans, procedures, E
drawings, descriptions, computer program data, input record data, written information, and
other materials either created by or provided to Service Provider in connection with the Q
performance of this Agreement shall be held confidential by Service Provider, except as
otherwise directed by City's Contract Administrator, or as provided by law. Nothing
furnished to Service Provider which is otherwise known to the Service Provider or is
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generally known, or has become known, to the related industry shall be deemed
confidential. Service Provider shall not use City's name or insignia, photographs of the
Services, or any publicity pertaining to the Services in any magazine, trade paper,
newspaper, television or radio production, website, or other similar medium without the I
prior written consent of the City.
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19. Public Records Disclosure. All information received by the Service o
Provider concerning this AGREEMENT, including the AGREEMENT, itself, or obtained Y
pursuant to performance under this AGREEMENT may be treated as public information U
subject to disclosure under the provisions of the California Public Records Act,
i Government Code Section 6250 et seq. (the "Public Records Act"). The PARTIES 0
understand that although all materials received in connection with this AGREEMENT are
intended for the exclusive use of the PARTIES, they are potentially subject to disclosure
under the provisions of the Public Records Act at the sole discretion of the Service m
Provider. _
20. Ownership of Documents. All contracts and invoices prepared under this o
Agreement by Service Provider shall be and remain the property of City upon City's v
compensation to Service Provider for its services as herein provided. Service Provider shall
not release to others information furnished by City without prior express written approval
of City except as provided by law. This provision does not alter the terms contained in section m
19 of this agreement.
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21. Conflict of Interest. Service Provider warrants that if Service Provider has
any real property, business interests or income interests that will be affected by this Q
project it will notify City, or, alternatively, that Service Provider will file with the City c,
an affidavit disclosing any such interest. y
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22. Solicitation. Service Provider warrants that Service Provider has not employed =
or retained any person or City to solicit or secure this Agreement, nor has it entered into any
agreement or understanding for a commission, percentage, brokerage, or contingent fee to 0
be paid to secure this Agreement. For breach of this warranty, City shall have the right to 0
terminate this Agreement without liability and pay Service Provider only for the value of U
work Service Provider has actually performed, or, in its sole discretion, to deduct from the E
Agreement price or otherwise recover from Service Provider the full amount of such a
commission, percentage, brokerage or commission fee. The remedies specified in this
section shall be in addition to and not in lieu of those remedies otherwise specified in this
Agreement.
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23. General Compliance with Laws. Service Provider shall keep fully M
informed of federal, state and local laws and ordinances and regulations which in any E
manner affect those employed by Service Provider, or in any way affect the
performance of services by Service Provider pursuant to this Agreement. Service
Provider shall at all times observe and comply with all such laws, ordinances and
regulations, and shall be solely responsible for any failure to comply with all applicable
laws,ordinances and regulations. .2
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24. Licenses. At all times during the term of this Agreement, Service Provider
shall have in full force and effect, all licenses required of it by law for the performance of
the services described in this Agreement.
25. Amendments. This Agreement may be modified or amended only by a
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written Agreement and/or change order executed by the Service Provider and City.
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26. Termination. City and the Service Provider, by notifying the other party in
writing, shall have the right to terminate any or all of Service Provider's services and
work covered by this Agreement at any time, with or without cause. In the event of
such termination, Service Provider may submit Service Provider's final written 0
statement of the amount of Service Provider's services as of the date of such termination
based upon the ratio that the work completed bears to the total work required to make c
the report complete, subject to the City's rights under Sections 16 and 26 hereof. In m
ascertaining the work actually rendered through the termination date, City shall
consider completed work, work in progress and complete and incomplete reports and
other documents only after delivered to City. ,°,
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26.1 Other than as stated below, City and Service Provider shall provide the
other party thirty(30)days prior written notice prior to termination. 3
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26.2 City may terminate this Agreement upon fifteen (15) days written notice to
Service Provider, in the event:
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26.2.1 Service Provider substantially fails to perform or materially breaches
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the Agreement;or
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26.2.2 City decides to abandon or postpone the Services. M
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27. PERS Eli ig bility Indemnification: In the event that Service Provider or any o
employee, agent, or subcontractor of Service Provider providing services under this o
Agreement claims or is determined by a court of competent jurisdiction or the California L)
Public Employees Retirement System(PERS)to be eligible for enrollment in PERS as an E
employee of the City, Service Provider shall indemnify, defend, and hold harmless City for Q
the payment of any employee and/or employer contributions for PERS benefits on behalf of o
Service Provider or its employees, agents, or subcontractors, as well as for the payment of co
any penalties and interest on such contributions, which would otherwise be the
responsibility of City. °
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28. Successors and Assigns. This Agreement shall be binding upon City and its E
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successors and assigns, and upon Service Provider and its permitted successors and
assigns, and shall not be assigned by Service Provider, either in whole or in part, except as
otherwise provided in paragraph 10 of this Agreement. E
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29. Venue and Attorneys' Fees. Any action at law or in equity brought by Y
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either of the parties hereto for the purpose of enforcing a right or rights provided for by
this Agreement shall be tried in a court of competent jurisdiction in the County of San
Bernardino, State of California, or, if applicable, the United States District Court, Central
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District of California, and the parties hereby waive all provisions of law providing for a
change of venue in such proceedings to any other county. In the event either party hereto
shall bring suit to enforce any term of this Agreement or to recover any damages for and
on account of the breach of any term or condition of this Agreement, it is mutually agreed
that the prevailing party in such action shall recover all costs thereof, including reasonable
attorneys' fees, to be set by the court in such action.
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30. Nondiscrimination. During Service Provider's performance of this
Agreement, Service Provider shall not discriminate on the grounds of race, religious creed, M
color, national origin, ancestry, age, physical disability, mental disability, medical condition, a
including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any
condition related thereto, marital status, sex, or sexual orientation, in the selection and 'a
retention of employees and subcontractors and the procurement of materials and
equipment, except as provided in Section 12940 of the California Government Code. m
Further, Service Provider agrees to conform to the requirements of the Americans with
Disabilities Act in the perfonnance of this Agreement. Cn
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31. SeverabiIity. Each provision, tern, condition, covenant and/or restriction, in
whole and in part, of this Agreement shall be considered severable. In the event any
provision, term, condition, covenant and/or restriction, in whole and/or in part, of this 3
Agreement is declared invalid, unconstitutional, or void for any reason, such provision or m
part thereof shall be severed from this Agreement and shall not affect any other provision, _
term, condition, covenant and/or restriction of this Agreement, and the remainder of the E
Agreement shall continue in full force and effect. a
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32. Authority: The individuals executing this Agreement and the instruments c
referenced herein on behalf of Service Provider each represent and warrant that they have
the legal power, right and actual authority to bind Service Provider to the terms and 0
conditions hereof and thereof. 0
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33. Entire Agreement: This Agreement constitutes the final, complete, and °
exclusive statement of the terms of the agreement between the parties pertaining to the o
subject matter of this Agreement, and supersedes all prior and contemporaneous
understandings or agreements of the parties. Neither party has been induced to enter into E
this Agreement by, and neither party is relying on, any representation or warranty outside Q
those expressly set forth in this Agreement.
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34. Interpretation. City and Service Provider acknowledge and agree that o
this Agreement is the product of mutual arms-length negotiations and accordingly, the CO
rule of construction, which provides that the ambiguities in a document shall be
construed against the drafter of that document, shall have no application to the a�
interpretation and enforcement of this Agreement.
34.1 Titles and captions are for convenience of reference only and do not s
define, describe or limit the scope or the intent of the Agreement or any of its terms.
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Reference to section numbers are to sections in the Agreement unless expressly stated Q
otherwise.
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34.2 This Agreement shall be governed by and construed in accordance with the
laws of the State of California in effect at the time of the execution of this Agreement.
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34.3 In the event of a conflict between the body of this Agreement and
Exhibit "1" hereto, the terms contained in Exhibit "I"shall be controlling.
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35. No Third Party Beneficiaries. The parties to this Agreement do not o
intend for any third party to obtain a right by virtue of this Agreement.
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36, Exhibits. The following exhibits attached hereto are incorporated herein u
to this Agreement by this reference: S
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Exhibit"1"-Scope of Work,Schedule,and Fees
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IN WITNESS WHEREOF City and Service Provider have caused this
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Agreement to be duly executed the day and year first above written. —
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"CITY" "SERVICE PROVIDER"
CITY OF GRAND TERRACE CITYOF SAN BERNARDINO
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By.
Darsy McNaboe,Mayor City Manager E
Attest: Q
Approved As to Form:
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Pat Jacquez-Nares, City Clerk 0
By: ,
ttorney—San Bernardino s°
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Approved As to Form: co
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Richard L. Adams II, City Attorney o
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...... —.. Packet Pg.93.
Page 9
EXHIBIT 1
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City of Grand Terrace
Scope of Services, Schedule
and Fees Animal Care and
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Control Program c�
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1. City Ordinance
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The City of San Bernardino ("San Bernardino") will provide a comprehensive animal care CU
and control program for the City of Grand Terrace ("Grand Terrace") under the provisions °c
of the Municipal Code of Grand Terrace 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 m
enforce those codes relating to all matters of animal control contained in the Municipal
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Code of Grand Terrace, including any codes contained in any supplemental documents to 0
Municipal Code of Grand Terrace related to zoning and development code that also affect
animals. Further, Grand Terrace will consult with San v
Bernardino on any proposed new ordinance or ordinance change dealing with animal
control matters. 3
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2. Term
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The term of the Agreement shall be April 14, 2015 through June 30, 2016. This Agreement a
may be extended up to two years at the discretion of the City Manager and the acquiescence a
of the Service Provider. 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 U)
for the monthly contract amount of the June 2016 invoice, plus an additional ten (10) _
percent of the invoice. The compensation fee or payment amount for services rendered
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herein shall be adjusted upward o July 1 not less than 3/o ore than 5% and shall
be based on the Bureau of Labor Statistics' CPI for the Western Region of the United °
States. Service Provider shall provide City with the amount of the proposed increase in the 0
compensation fee in writing 90 calendar days prior to the July 1 effective date.
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3. Consideration Q
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Grand Terrace agrees to compensate San Bernardino $12,461.00 per month (15% of which M
will be placed in a shelter improvement fund) for services and work products as defined in c
this exhibit for the period January 1, 2015 through June 30, 2016.
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4. Impound, Care and Disposal of Dogs and other Domestic and Wild Animals E
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Subject to any exclusions, San Bernardino will operate an animal care and control program
for Grand Terrace consisting of the following activities: field services, and shelter services. E
In the conduct of this program, San Bernardino will perform the following specific
functions:
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(a) Enforce all provisions of Grand Terrace City Ordinances pertaining to animals, to
Page Packet Pg.94
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include issuing warning notices or citations as necessary. San Bernardino may also
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fil e citations directly with the San Bernardino Superior Court. Grand Terrac e will
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retain all citation revenues. The City Attorney for Grand Terrace will process any
legal action and appear in court, as necessary, on animal related cases. Animal
Control personnel will appear in court, as necessary, on animal related cases when
requested to do so by Grand Terrace and at the expense of Grand Terrace. 0
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(b) Impound all animals caught at large and collect all impound fees assessed.
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(c) Remove dead animals from the public right-of-way, except interstate freeways. M
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(d) 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 L
offer advice in setting a trap in any enclosed space and will remove wild animals m
(not including rodents or insects and cats) 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.
3
(e) Investigate reported animal bites and quarantine, as prescribed by law, all biting m
animals and animals suspected to be rabid. San Bernardino shall take appropriate
steps consistent with the circumstances of each separate incident to locate and E
impound the suspect animal or animals and or assist the complainant and or injured d
party or parties to trap the suspected animal or animals. Report any/all animal bites
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and/or attacks to the City of Grand Terrace within 24 hours and same day during
business hours.
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(f) Provide euthanasia services as required for animals held for the state-mandated legal
holding period if these animals are not reclaimed by their owners and are deemed 0
unsuitable or unavailable by San Bernardino for adoption. All impounded animals
will be scanned for microchips. Animals with identification, licenses or microchips o
will be held up to ten(10) days and attempts will be made to contact the owner. U
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(g) Respond to every call for service either by animal control officer, letter or phone, a
except for excluded items.
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(h) Cats: San Bernardino will not be required to respond to calls of cats running at large,
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confined stray cats or trapped cats. Traps for the purpose of capturing cats shall be
made available to the residents of Grand Terrace. Unless exceptional circumstances M
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exist, residents of Grand Terrace shall be responsible for obtaining, monitoring and E
returning all traps used for this purpose, o
(i) All services available to San Bernardino residents for which there is a fee shall be E
made available to Grand Terrace residents for the same fee. U
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(j) Grand Terrace residents may bring stray, un-owned animals to the San Bernardino
shelter at no charge to the resident.
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(k) Accept and respond to all animal noise complaints.
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5. Dog Licensing _
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Assume all dog licensing duties for Grand Terrace including issuing dog licenses, o
recordkeeping, maintain licensing database/program with all licensing and animal control
case information including but not limited to vicious dogs, animal attack/bites, noise
complaints, etc. Perform canvassing and compliance checks for current dog licenses, as per
a program mutually agreed upon with the City Manager or her designee. San Bernardino =
Animal Control will be responsible for collecting all license fees and sending out notices for
license renewals. Grand Terrace residents redeeming their dog(s) will be required to pay a E
license deposit prior to the dog's release. All licensing deposits generated by grand Terrace m
residents will be accounted for in monthly accounting statements provided to Grand Terrace
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by San Bernardino Animal Control and remitted by San Bernardino Animal Control to 0
Grand Terrace on a monthly basis. Note: cat licensing is optional for Grand Terrace. San
Bernardino Animal Control shall remit all license fees to the City on a monthly basis with a
corresponding report detailing all license fees collected.
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6.Animal Care Education and Information Program m
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On a quarterly basis, by request, San Bernardino will provide public E
educational/information programs to Grand Terrace Schools, City employee groups, service E
groups and other organizations.
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7. Veterinaz Y Services Program in
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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. 0
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8. Staffing Level and Hours of Service o
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(a) Field Services E
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San Bernardino Animal Control shall provide field services by an on-duty Animal Control o
Officer sever (7) days a week, excluding holidays, during the hours of 7:00 a.m. to 5:00 0
p.m. From 5:00 p.m. to 7:00 a.m, and on holidays, San Bernardino Animal Control will
provide on call response to emergency calls for animal control services. Such emergency
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on-call services shall include responding to calls regarding injured stray animals, sick stray w
animals, Agency assists, stray vicious dogs, loose livestock if a threat to public safety and E
wildlife public safety.
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Calls to be considered routine and to be handled during the normal course of the officer's E
shift and include-
Confined strays Q
Dead animals
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Stray dogs running at large
Humane Animal Cruelty investigations
Animal bites t
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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. 0
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(b) Shelter Hours and Telephone Line:
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The San Bernardino shelter shall be open to the public Tuesday through Saturday from
10:00 a.m. to 5:00 p.m. The shelter will be closed on Sundays, Monday and holidays. The °c
shelter's telephone lines are answered Monday through Saturdays from 0900 hrs. to 1700 a
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hrs. F
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(c) Emergency After-Hours Procedures:
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The reporting party (RP) will contact the Grand Terrace Police/Fire Dispatch, or the City of ;,
San Bernardino Animal Control. If the dispatcher deems the call an emergency (see criteria i
below) the dispatcher will page the on-call animal control officer (ACO). The ACO will
contact Grand Terrace Dispatch; obtain the RP's name and phone number and follow-up 3
with the RP for additional information. The dispatcher will advise the RP, to remain by a m
phone for contact by the ACO. _
Unless requested by Grand Terrace, it will not be necessary for the ACO to notify the E
dispatcher of the disposition of the call. If the emergency response is an agency assist a
request by Grand Terrace Police/Fire,the ACO will automatically respond.
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San Bernardino will provide a monthly listing of on-call animal control personnel. San 3
Bernardino will provide personnel to train Grand Terrace dispatchers in on- call procedures, °
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as requested. -a
Criteria for Emergency Call-Out °
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Injured stray animals o
Loose "aggressive" animals.
Animal bites/attacks. E
Loose livestock if a threat to public safety a
Other dangerous or Poisonous animal situations posing public safety. o
Agency Assists for Fire, Police, Sheriff,etc. 00
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Emergency Calls will be responded to within thirty (30) minutes of receipt by San m
Bernardino when practicable. If the dispatcher determines that the call does not meet w
emergency call-out criteria, the RP will be instructed to contact animal control during E
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.
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Page Packet Pg. 97
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9. Inspection
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Designated personnel from Grand Terrace may, at any time during normal business hours,
inspect the office, shelter, vehicles and other facilities connected to servicing this
Agreement. _
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10. Reclaimed Animals 0
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Animals reclaimed by their owners will be charged redemption fees in accordance with City
of San Bernardino resolutions and applicable state laws. San Bernardino will retain such
fees.
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