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HomeMy WebLinkAbout11- Animal Control CITY OF SAN BERNA� IDINO - REQUEST FC'l COUNCIL ACTION From: Deborah L. Biggs Subject: Resolution of the City of San Bernardino Director of Animal Control Authorizing the Execution of an agreement with the Dept. Animal Control City of Fontana for animal care and control services. Date: 7-14-93 Synopsis of Previous Council action: 6-23-93 Approved by Ways and Means Committee Recommended motion: Adopt Resolution Signature Contact person: Deborah L. Biggs Phone: 384-5275 Supporting data attached:—_yes Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Notes: CITY OF SAN BERNA DINO - REQUEST FC ` COUNCIL ACTION STAFF REPORT In May 1993 , staff was contacted by the City of Fontana regarding animal control services. At Fontana's request, staff has prepared an Agreement and Scope of Services to provide full service animal care and control on an interim basis, until a long-term provider is located. The original term of the interim agreement was September 1, 1993 to December 31, 1993 . Due to an earlier cancellation by Fontana's present provider, Riverside Humane Society, the city has been asked to provide limited services for the period of August 16 - 31, 1993 . FISCAL IMPACT In order to service the contract, five (5) provisional full time employees will be added to the staff. It will also be necessary to purchase additional equipment and supplies. Although the city had intended to replace two (2) existing vehicles in the fleet, it is necessary to keep them in operation through the interim contract. Revenues will be derived from the contract and fees for owner surrender animals and redemptions. Projected Revenue: Contract $ 99, 000 Associated Fees 7 , 200 Total $ 106, 200 Projected Expenditures: Personnel < 45, 697> M,S&S < 16 , 150> Total < 61, 847> Net Contract Revenue (4 . 5 months) $ 44 , 353 75-0264 4 Fontana Agreement, Page 2 PROVIDED SERVICES AND COMPENSATION For the period of August 16-31, 1993, the city will receive the sum of $ 11,000 for the following limited services: 1. Dead animal removal once per day Monday - Friday. Service on Saturday and sunday will be provided only if resources are available. 2 . Investigate reported animal bites and quarantine as prescribed by law. 3 . Respond to stray unowned sick or injured animals if resources are available. 4 . Provide emergency after-hours service, if necessary, as determined by the Director of Animal Control. 5. City of Fontana residents may bring stray unowned animals to the city's shelter at no charge. For the period of September 1, 1993 through December 31, 1993, the city will receive the sum of $ 22,000 per month for the following full service functions: 1. Enforce all Fontana's ordinances relating to animals. 2 . Provide full field service Monday through Saturday. Emergency on-call will be provided seven days per week. Field services include stray animal apprehension, dead animal removal, bite case investigations, and complaint investigations. 3 . San Bernardino will not responsible for dog license renewals unless previously purchased supplies can be obtained from the current provider. 4 . All revenue from the impounding, apprehension and redemption of animals from Fontana will be retained by the City of San Bernardino. 5. All licensing revenue will be remitted to the City of Fontana. In the next two months, Fontana will be issuing a Request for Proposal for a permanent two or three year contract. It is recommended the Mayor and Common Council approve this agreement. AWL 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF FONTANA FOR ANIMAL CARE 3 AND CONTROL SERVICES. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City an 8 Agreement with the City of Fontana relating to animal care and 9 control services, a copy of which is attached hereto, marked 10 Exhibit "A" and incorporated herein by reference as fully as though 11 set forth at length. 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San 14 Bernardino at a meeting thereof, held on the day 15 of , 1993 , by the following vote to wit: 16 Council Members AYES NAYS ABSTAIN ABSENT NEGRETE 17 CURLIN 18 HERNANDEZ 19 OBERHELMAN 20 OFFICE VACANT 21 POPE-LUDLAM 22 MILLER 23 24 City Clerk 25 / 26 / 27 / 28 / 6-29-93 -1- 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF FONTANA FOR ANIMAL CARE 2 AND CONTROL SERVICES. 3 The foregoing resolution is hereby approved this day of 4 1993 . 5 Tom Minor, Mayor 6 Approved as to form City of San Bernardino 7 and legal content: JAMES F. PENMAN 8 City Attorney 9 By: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6-29-93 -2- 0 O4 THE C/ ,Hfi iH lid �`� City of Fontana C A L I F O R N I A July 21, 1993 EXCERPT OF THE UNOFFICIAL AND NOT YET APPROVED MINUTES OF THE JULY 20 1993 REGULAR FONTANA CITY COUNCIL MEETING: "Motion made by Council Member Eshleman, seconded by Council Member Roberts to approve an interim contract with the City of San Bernardino for animal control services and authorize and direct the City Manager to execute the contract. Motion carried by a vote of 5-0. AYES: Mayor Boyles, Mayor Pro Tem Roberts, Council Members Coleman, Eshleman, Watson. NOES: None ABSENT: None" Linda S. Nunn, MC Deputy City Clerk LSN:vm 8353 SIERRA AVENUE(P.O. BOX 518) • FONTANA CALIFORNIA 92334-0518 • (714)350-7600 SISTER CITY- KAMLOOPS, B.C. CANADA 5 w - &NINA T_ CONTROL XaRV*_G$8,&t Ra ett THIS AGREEMENT in made this day of , 1993, between the City of Fontana, a municipal corporation (hereinafter IiFantana" ) and City of San Bernardino, a Municipal Corporation (hereinafter "San Bernardino" ) . WHEREAS, Fontana desires to provide for a city wide Animal Care and Control Program, and WEEREAS, San Bernardino has the knowledge, skills, resources and experience that qualify it to conduct a city wide Animal Care and Control Program. "V. TuaRaroRa, FONTANA AND ERN aBRHARDINO HVTVALLT AGREE TAT f 1. gan Bernardino SarVICU San Bernardino will perform certain services as Bet out herein to develop and implement the following! City Wide Animal Care and Control Program 3. S02e of Services (a) San Bernardino will por:crm the work as set out in the following Scope of Services included in the contract as Exhibit (b) Fontana, with the express written consent of San Bernardino may modify the Scope of Work to be performed under this agreement. (c) Anything not included in Exhibit i shall Conotltuts extra work. The price to be paid by Fontana for any work performed FLRI.�LrOnt�n�l.Ayr] 0 purauant to a modification of this Agreement or for extra work, shall be as agreed upon by Fontana and Sari Bernardino, in writing, at the time of such modification. No work shall be performed by tan Bernardino as c modification or extra work until an agreement for same, including the price, has been executed by San Bernardino and Fontana and approved by their respective Mayors and Councils. 3 • �io_.r��� (a) Fontana agrees to compensate San Bernardino for services and work products as defined in 8xhibit 1, Scope of Services , in the amount not to exceed $99 , 000 . 00 for the period of August i5, 1993 t,hruugh December 31, 1993. Fontana shall not be required to pay any amounts in excess of this sum, whether for copying costs, incidental, direct or indirect costs or any type incurred by San Bernardino. This section shall not limit the ability of the partise to amend this agreement to provide for extra work in the manner eat forth in Paragraphs 2 (b) and 2(c) . (b) San Bernardino shall submit invoices to Fontana on a monthly basis in the amount of $11, 000 , 00 for the month of August, and $22 , 000 . 00 per month for the months of September, October, November and December, 1993 . The total project cost shall not exceed $39 , 000 . 00 , unless additional work is requested in writing by Fontana. (e) Fontana 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. 7 WOV (d) It Fontana fails to pay Ban Bernardino within thirty (30) working days after the invoices are submitted, Fontana agrees San Bernardino shall have the right, after written notice to Pontana, to consider such default in payment a material branch of. this entire agreement . Fontana shall have ten ( 10) days following data of such wLI. Len notice within which to Correct such breach. It Fontana continues to fail to make payment, the duties, ob4gatione and responsibilities of San Bernardino under this Agreement are terminated. Such termination by San Bernardino does not relaass Fontana from the duty and obligation to pay San Bernardino for servicav rendered according to section 3(a) , (b) above. (o) Fontana 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 an that term is used in subparagraph 3 (d) . San Bernardino shall not discontinue its work for a period of thirty (30) days from the date of withholding, as a result of such withholding. Son Bernardino shall have limediate right of appeal to the Mayor and City Council of Fontana 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 an any withheld sums at the rate of seven percent (7 t ) per annum from date of withholding of any amounts found to have been improperly withheld. F6R/e lC'eneana2.AOr� 8 4, Personal San Bernardino represents that it p08eeeee6 the professional and technical personnel required to perform the services required by this Agreement. San Bernardino eshail not subcontract for any additional personnel without prior written approval of Fontana. S . Personnel Rubsti-tgtions- Ala'. the services described in Exhibit 1 shall be performed by San Bernardino ur 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 . 6. TorminAtiom if dither party fails to perform any duties or obligations imposed on it by this contract and said failure continues for sixty (60) days after written notification by the other, then this contrast will be in total breach and said other party may terminate this contract immediately thereafter. Either party at any time may terminate t:iis contract without cause upon the giving of sixty (60 ) days ' prior written notice to the other of such intent to terminate. Both parties must give at least sixty (60) days prior written notice of intent not to renew the contract. In such event, San Bernardino shall be paid for the work performed under the Agreement to date of termination. San Bernardino further covenants to give its good faith cooperation In the transfer of rhp work to any othor aonoultant of rte- • 9 service provider employed by Fontana following termination hereunder and to participate in such reasonable number of meetings At no cost to Fontana as shall be deemed necessary by Fontana to ♦ffeotivaly accomplish such transfer. 7 . Cooarati©n©n Fontana agrees to reasonably cooperate with San Bernardino in San Bernardino' s performance of duties under the contract. $ . g'ontana's Re6gQneibilit` Fontana shall furnish to San Bernardino maps, existing studies, ordinances, data and other existing information and materials in Fontana' s possession as shall be determined by San Bernardino that is necessary !or San Bernardino to complete the work aontempla�ted by this Agreement. Fontana further agrees to provide all such :materials in a timely manner so as to not cause delays in San Bernardino's work schedule. 9 . Zademnifioation Fontana agree* and promisee to indemnify, defend and hold harmless San Bernardino, 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, firm, entity, corporation, politaal subdivision, or other organizations arising out of or i:' connection with the Provision of the services by San Bernardino, operations or } activities of San Bernardino, its ufficerej employees or agents, but excluding such actions, claims, demander lawsuits and liability for damages to persons or property arising from the A61W negligence '� i or willful misconduct of San Bernardino, its officers, employees or agents . 10 . Ur:ranty San Bernardino makes no warranty, eithei express or implied, so to its tindings, recommendations, plane, reports, professional advice or other work except that the work was performed in accordance with generally accepted standards of practice in effect at the time of performance. 11 . Worker I„g Compea"tion Insurance, San Bernardino shall cover its employees with workers , Compensation insurance and ensure that the employees of any of its subcontractors are covered by workers compensation insurance in an amount and form to meet all applicable requirements of the Labor Cods of the State of California. 12 , Prohibition Y _AgAinBt TLdnsf e_rs (a) San Bernardino shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation Qf i$w or otherwise without the prior written consent of Fontana. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 13 . Pint.-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, 0 ancestry, national origin, handicap, or sex and compliance with State and Federal Anti-Discrinination laws , 14 . dependent Contr ctoz San Bernardino shall be an independent contractor and not an employee, nor shall any of it6 employees, agents or subcontractors be an employet of Fontana. is , Qnf list of into=1 (6) San Bernardino or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act" ) , which ( 1 ) requiL,ds such persons to disclose financial interest that may foreseeably be. materaally 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 raquirements of the Act. Failure to do so conStitutes a material breach and is grounds for termination of the Agreement by Fontana. The term of this agreement shall be tos' four and one half (4 1/2) months commencing on August 16, 1993 , and terminating on December 31, 1993 . The parties may mutually agree to extend the contract on an interim basis if a now agreement is not reached by December 31, 1993. Such interim extension shall be at the contract amount of $22, 000 . 00 per month. 12 ' s 17 . In the event any provision of this Agreement: shall be held to be invalid and unenforceable, the other provielons of this Agreement shall be valid and binding on the parties thereto. 18 . a Any 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: .� Aernardino City Manager Director of Animal Control City of Fontana City of San Bernardino 8353 sierra Avenue 333 Blood Bank Road Fontana, CA 92335 San Bernardino, CA 92408 (900) 350-7654 ( 909) 384-5048 Any notice so given shall be considered served on the other party three (3) days after data of mailing. The address for notice may be changed by giving written notice pursuant to this paragraph. 19. Thera are no understandings or agreements except as expressly stated herein. 20. Zzlorcemant This Agreement shall be construed and enforced in accordance with the laws of tlje state of californid. 21 . $aLti =eem2nt This contract constitute$ the entire Agreement between Fontana and San Bernardino and may be Modified only by further written agreement between the parties . i IN WITNESS WHEREOF, the parties hereto rave accepted, made and executed this Agreement upon the terms, conditions and provisions above stated, the day and year first above written, CITY OF FONTANA CITY OF SAN �AIfARDZ�10 A Mania' Lpbration A Municipal Corporation Byi By: r Devereau Tom M nor t Manager Mayor Snauna Clark City Administrator APPROVED AS TO FORM APPROVED AS TO FORM AND AND LEGAL CON ENT: eLEGAL CONTENT 6�z C e H. A sop .es T. Pq=an Stephen P. Deitsch ity Attorney City Attorney CITY OF FONTANA CITY OF SAN BkKNARDINO Edward tout CRISP OF POLICE *nn r Vaughn akel CONT CT COMPLIANCE o ICER Robert A. Graham RISK MAN'AGEx 14 CITY of FONTANA UOPS or sSRVICis ANIMAL CARS AND CONTROL 1. City l�rdin�B The City of San Bernardino will provide Animal Control and Animal Welfare Services to the City of Fontana ( "City" ) under the existing provisions of City ordinances prescribing procedures and standards for licensing, impounding, regulation and control of dogs and other domestic and wild animals as stated in Chapter 5 and Chapter 17 , Section 3d. Further, the City of San Bernardino will assist the City in drafting and implementation of new or revised animal control ordinances to required by the City, 2 . TM The term of the agreement shall be from August 16, 1993 through December 31 , 1993. (See item number 11 for the services to be provided during the period of August 16, 1993 through August 31 , 1993 . ) 3. IsIL2„ysd Bare sad aL&oosai of Dogs and other Domogtic and Wild A&WAU The City of Ban Bernardino will operate an animal control program for the City consisting of the following three activities: field services, shelter services, and licensing, In the conduct of this program, the City of San Bernardino will perform the following specific functions: (a) Znforce all provisioner of the City of Fontana existing ordinances pertaining to animals, including the issuing of warning notices or citations as necessary. it the Fontana court is agreeable, citations will be processed through the City of San Bernardino as their own Clerk of the court. All citation revenues will be retained by the City of San aernardino under this system. S,houl.d San Bernardino be unable to use their own citations system, Fontana shall provide police Department citation books for use in their City. Such citations will be filed in the valley District Court. (b) impound all animals caught &L large and collect all impound fees assessed. r � .•�+ 15 (c) Remove dead animals from the public right-of - way, except state and Federal highways. (d) Respond to requests for assistance in the trapping and removal of domestic or wild animals from public or private property. The City of San Bernardino will offer advice in setting a trap in any enclosed space and will remove wild animals caught in a trap, but shall not be required to move belongings or maintain on premises surveillance unless in the opinion of the Director of Animal Control or his representative there is a direct, clear and present danger to human life. The City of San Bernardino is not required to provide traps nor shall the City of San Bernardino be required to provide vector control . (e) Investigate reported animal bites and quarantine as prescribed by law all biting animals and animals suspected to be rabid. The City of San Bernardino may initially receive animal bite reports by telephone, but shall also respond in person to all reported bites by dogs or other suspected rabid or wild animals. The City of 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 inured party or parties to trap the suspected animal or animals. (f) Provide euthanasia services as required for animals held three (3) days it these animals are not reclaimed by their owners and are deemed unsuitable by the City of San Bernardino for adoption. Animals with identification will be held for 10 days and attempts will be made to contact the owner. At no time will animals be sold for research programs . (g) Respond to every call for service either by an animal control officer, letter or phone call. (h) Cates The City of San Bernardino does not respond to calls of cats running at large, nor do they pick up confined cats, except in cases with exceptional circumstances. 16 (i) All services to City of San Bernardlau residents fox which there is a fee shall be made available to City of. Fontana residents for the game fee. 4 . Licansina PggarAM Ban Bernardino will sell dog licenses at the shelter to those Fontana residents who redeem their dogs. San Bernardino will not be responsible during the interim contract for dog license renewals, unless previously purchased supplies can be obtained from Riverside Humane Society. All license revenues will be remitted to the City of Fontana. 5, yatay services__PgQgrams Private veterinary services will be provided by the City of San Bernardino for the care of impounded, injured and sick animals . The cost of this service will be included in the contract price. 6 . PLGIA ,s_Loes San Bernardino will apprehend and impound all animals caught at large and will provide routine field services for Fontana Monday through Friday, 8: 15 a.m. - 5 : 15 p.m. , and Saturday from 8: 00 a.m. - 5 :00 p.m. , excluding holidays. The City of San Bernardino will provide emergency call-out. The City of Fontana will supply a minimum of two (2) hand-held radios and chargers for emergency contacts to be kept at the San Bernardino Animal shelter. 7 . •bitter Hours The City of San sernardino Shelter shall be open to the public Monday through Friday, 10:00 a.m. - 5:00 p.m. , and Saturday from 10100 a.m. - 4: 00 p.m. The shelter shall be closed Sundays and holidays. A 24 hour recorded telephone message will contain information for Fontana residents. Animals reclaimed by their owner® will be charged redemption fees in accordance with current city of San Bernardino resolutions . such fees will be retained by the City of San Bernardino. 0 . yntseeteasarg Noises - Chanter_17, deCt&2Q 3(d) The City of son Bernardino will enforce the provisions of the above Fontana Municipal Code in the following manner: (a) When a complaint is received regarding barking dogs or crowing roosters, a letter will be sent to both the owner of the animal(s) and the Complainant . The complainant will be advised to keep a log' of dates/times the offense occurs . (b) If a second complaint is received, at second letter will be mailed. (c) If a third complaint is received, San Bernardino will forward copies of the file to Fontana's legal counsel requesting the owner of the anima I(a ) be "long formed" for violation of said ordinance. Pontana'e legal Counsel will then process the case in the Valley District Court. San Bernardino personnel will not typically be required to appear in court with Fontana's legal counsel (unless they are percipient witnegses) and the complainants on barking dog/crowing roosteir cases, but will aegist whenever noceesery and will appear in court in special circumstances. * 10. LtaWansM After-Bourg Proced„ Procedures for after-hour emergencies are as follows : The reporting party (RP) will contact Fontana Police Department. If the dispatcher deems the call an emergency (see criteria below) dimppatcher will page the on-call Animal Control Officer (ACO) , ACO will contact Fontana Police, obtain RP name and phone number, and follow up with RP for additional info=ation. ACO will then notify dispatch as to whether the call warrants a response. If the emergency response Is an agency assist request by Fontana Police or Fire, an ACO will automatically respond. The ACO will maintain radio contact with Fontana Police Department using Fontana' s radios . 202raenQV Call criteria Stray, Injured Cat or Dog Agency Assists (Police, Fire, Coroner) Stray Vicious Dogs (sifter verification by on-duty FPD officer) Loose Livestock if a threat to public safety If the dispatcher determines that the calf does not meet emergency call criteria, the caller wi:l be instructed to contact the Shelter during regular business hours . San Bernardino personnel will not respond on an emergency basis to loose animals, dead animals, wildlife, confined strays and owned sick or injured animals . Q is �� . animal a atgei eeryiaem Jag Ihe_per ed of Jug 93 tkyo,us-h huauat ll, 191a a rats set torth i a_paragK4Rh 33�� of the A2,146ment (a) Remove dead anliftls from the public right-of- way, except State and Federal highways once per day, Monday through Friday, Dead animal removal on Saturday and Sunday will be provided if resources are available. (b) Investigate reported animal bites and quarantine an prescribed by law all biting animals and animals suspected of being rabid. The City of San Bernardino may initially receive animal bites by telephone, but shall also respond in person to all reported bites by doge or other suspected rabid or wild animals. The City of 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 part or parties to trap the suspected animal or an�male . (c) Respond to stray unowned sick or injured animals if resources are available. (d) City of FonLalla residenLe may bring stray unowned animals to the City, s shelter at no charge. (e) Provide emergency after hours service, if necessary, as determined by the Director of Animal Control.