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TO: Steve Berry,Assistant City Manager City of Grand Terrace
FROM: Kenneth Childress,Animal Control Director
SUBJECT: Animal Control Housing Agreemetn
DATE: July 16, 2007
Enclosed is a signed copy of our agreement.
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2007-207
ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF!GRAND
TERRACE AND THE CITY OF SAN BERNARDINO
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THIS AGREEMENT("Agreement") is entered into this 1"day of July 2007,by
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and between the CITY OF SAN BERNARDINO, a municipal corporation(hereinafter
"San Bernardino"), and the City of Grand Terrace, a municipal corporation(hereinafter
"Grand Terrace").
WHEREAS, Grand Terrace desires to provide for its citizens an animal housing
service; and
WHEREAS, San Bernardino has an animal shelter and other facilities and
resources that qualify it to provide animal housing services for Grand Terrace for
handling the impounding and disposal of animals;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS, AND CONDITIONS CONTAINED HEREIN, THE PARTIES
MUTUALLY AGREE THAT:
1. Scope of Services. San Bernardino will impound, care for and dispose of animals'
delivered to the San Bernardino Animal Shelter by residents of, or official
representatives of, Grand Terrace according to the provisions of this agreement.
2. Impounding and Disposal of Animals. San Bernardino shall, through its,Animal
Control Department, accept, impound and dispose of dogs, cats or other animals,
which are delivered to the San Bernardino Animal Shelter by an agent, officer,
employee,or resident of Grand Terrace. San Bernardino shall, for and on behalf
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of Grand Terrace,pursuant to applicable laws, release to owner, adopt, humanely
destroy, or otherwise dispose of all animals received. No domesticated animal
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OFi GRAND
TERRACE AND THE CITY OF SAN BERNARDINO
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shall be disposed of without an attempt to notify the owner, if the owner is known
by San Bernardino. San Bernardino shall not provide for emergency veterinary
care. Grand Terrace is responsible for transporting and seeking appropriate
emergency treatment for ill and/or injured animals.
3. Holding Periods. No healthy dog, cat, or other domesticated animal shall be
disposed before the time allotted for under state law. After the required holding
period,the animal becomes the property of San Bernardino and San Bernardino is
authorized to dispose of the animal in any manner permitted by law. Animals
requested by Grand Terrace to be held longer than required by law, other than
rabies quarantine, shall additionally be charged by the prevailing Daily Board
Fee, as set by City of San Bernardino Resolution(such instances shall include, but
are not limited to: animals held as "evidence"in cruelty or other court cases).
Rabies quarantined animals will be held for ten(10) days from the date of the bite
with no additional charge to Grand Terrace.
4. Warranty of Lawful Apprehension. Grand Terrace warrants to San Bernardino
that all animals impounded by its agents, employees or other authorized
representatives have been apprehended and impounded pursuant to existing laws.
5. Consideration.
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF, GRAND
TERRACE AND THE CITY OF SAN BERNARDINO a
a. Grand Terrace shall pay to San Bernardino, $35.00 for any canine(dog or
puppy), and$25.00 for any feline (cat or kitten) impounded and$i 5.00 for
every other animal. A litter of un-weaned puppies and kittens, or other un-
weaned animals shall be charged as one animal. Additionally, Grand Terrace
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shall pay for livestock and other animals delivered to San Bernardino under
the terms of this agreement the following fees:
DAILY BOARD AND CARE
LARGE LIVESTOCK(Over 5001bs) 12.50 per day
(Horses, Mules, Donkeys, Cattle, etc)
MEDIUM LIVESTOCK(25 to 5001bs) 10.00 per day
(Goats, Sheep, Pigs, etc.)
SMALL ANIMALS 5.00 per day
(Rodents, Rabbits, Chickens, Birds, etc)
San Bernardino shall present an invoice on or before the tenth day of each
month for the amount due. Grand Terrace shall pay said invoice not dater than
the last day of the month in which billed. Grand Terrace shall pay an annual
fee of$ 950.00 for dead animal disposal,which shall be billed to Grand
Terrace in each July invoice at the beginning of each contract year.
b. Grand Terrace 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 invoice shall be deemed proper and acceptable.
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND THE CITY OF SAN BERNARDINO
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c. If Grand Terrace fails to pay San Bernardino within thirty(30) days after the
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invoice is submitted, Grand Terrace agrees that San Bernardino shall have the
right, after written notice to Grand Terrace, to consider such default in
payment a material breach of this entire agreement. Grand Terrace shall have
ten(10) days following the date of such written notice within which to correct
such breach. If Grand Terrace continues to fail to make payment, the duties,
obligations and responsibilities of San Bernardino under this agreement are
terminated. Such termination by San Bernardino does not release Grand
Terrace from the obligation to pay San Bernardino for services rendered
according to Section 5(a) above.
d. Grand Terrace may withhold payment of any disputed sums until satisfaction
of the dispute with respect to such payment. Grand Terrace must give written
notice to San Bernardino within ten(10) days of the date of the disputed
invoice if Grand Terrace is disputing any sum under sub-paragraph 5(b).
Such withholdings shall not be deemed to constitute a failure to pay as that
term is used in sub-paragraph 5(c). San Bernardino shall not discontinue its
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service for a period of thirty(30) days from the date of the withholdings, as a
result of such withholding. San Bernardino shall have the right of appeal to
the Mayor and City Council of Grand Terrace with respect to such disputed
sums. The determination of the Mayor and City Council of Grand Terrace
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OFj GRAND
+ TERRACE AND THE CITY OF SAN BERNARDINO
with respect to such matter shall be final. San Bernardino shall be entitled to
receive interest on any withheld sums at the rate of seven percent (7%) simple
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per annum from the date of withholding of any amounts found to be
improperly withheld. For any disputed sum, either party may attempt to
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collect a debt through a civil proceeding.
6. Deputization. San Bernardino animal control officers, agents or employees ;shall be
authorized to collect Grand Terrace's license, apprehension, and related.penalty fees
at the Animal Shelter, as directed by Grand Terrace, for all animals received;under
this agreement. San Bernardino shall provide all animal impound records and release
forms to Grand Terrace.
7. Funds Collected by San Bernardino. Apprehension fees, license deposits and
penalties collected by San Bernardino for Grand Terrace in connection with this
agreement shall be paid to Grand Terrace on or before the twentieth day of each
month following collection. Fees for adoption, micro-chipping, daily board,
vaccination, euthanasia and release shall be retained by San Bernardino. Rabies
vaccination deposits shall be refunded to the depositor upon presentation of proof of
vaccination.
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8. Term. This agreement shall become effective July 1, 2007 and end June 30, 2010. If
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a new Agreement has not been negotiated prior to the termination date, then San
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Bernardino may continue to provide the service of this Agreement for the amount of
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND THE CITY,OF SAN BERNARDINO '
the June 2008 invoice plus five percent(5%) for each additional month until a new
Agreement is established or Grand Terrace no longer requires animal housi�g
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services from San Bernardino.
9. Grand Terraces Indemnification. Grand Terrace agrees and promises to indemnify,
defend and hold harmless San Bernardino, its officers, elected officials;employees
and agents, from and against all actions, causes of action, claims, demands, lawsuits,
costs and expenses, and liability for damages to persons or property that maybe
asserted or claimed by any persons, firms, entity, corporation,political subdivision, or
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other organizations arising out of, or in connection with, the performance of this
Agreement, excluding such actions, claims, demands, lawsuits, and liability for
damages to persons or property arising from the negligence or willful misconduct of
San Bernardino, its officers, elected officials, 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 the San Bernardino City Attorney
and members of his or her office shall be considered as "attorney's fees" for the
purposes of this paragraph.
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10. San Bernardino's Indemnification. San Bernardino agrees and promises to,indemnify,
defend, and hold harmless Grand Terrace, its officers, employees and agents,!,from
and against any and all actions, causes of action, claims, demands, lawsuits, costs
and expenses, and liability for damages to persons or property that may be asserted
or claimed by any person, firm, entity, corporation,political subdivision, or other
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND THE CITY OF SAN BERNARDINO
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organizations arising out of, or in connection with, the performance of this
Agreement, excluding such actions, claims, demands, lawsuits and liability for
damages to persons or property arising from the negligence or willful misconduct of
Grand Terrace, its officers, employees or agents.
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11. Termination. This Agreement may be terminated by either party upon 90 days written
notice. In the event of termination, San Bernardino shall be paid for the work
performed under this agreement to the date of termination.
12. Cooperation. Grand Terrace agrees to cooperate in good faith with San Bernardino in
San Bernardino's performance of duties under this Agreement.
13. Warranty. San Bernardino makes no warranty, either express or implied, as to its
findings, recommendations,plans, reports,professional advice or other work.'
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14. Independent Contractor. San Bernardino shall be an independent contractor and not
an employee, nor shall any of San Bernardino's employees, agents or subcontractors
operating under this Agreement be an employee of Grand Terrace.
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND THE CITY OF SAN BERNARDINO i
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15. Conflict of Interest.
a. San Bernardino or its employees maybe subject to the provisions of the
California Political Reform Act of 1974 (the"Act"), which(1) requires such
persons to disclose financial interests that may be materially affected by the work
performed under this Agreement, and (2)prohibits such persons from making or
participating in making decisions that will foreseeably financially affect such
interest.
b. San Bernardino shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for termination of the Agreement by
Grand Terrace.
16. Invalidation.
In the event any provision of this Agreement is held to be invalid and unenforceable,
the remaining provisions of this Agreement shall remain valid and binding on the
parties thereto.
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17. Notices.
A notice required or desired to be given pursuant to this Agreement shall be given in
writing and sent by certified mail,return receipt requested, addressed as follows:
Grand Terrace San Bernardino
Assistant City Manager Director of Animal Control
City of Grand Terrace City of San Bernardino
22795 Barton Road 333 Chandler Place
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OFi GRAND
f TERRACE AND THE CITY OF SAN BERNARDINO
Grand Terrace, CA 923313 San Bernardino, CA 92408
(909)430-2226 (909) 384-5275 ;
Any notice so given shall be considered served on the other party three j(3) days after
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the date of mailing. The address for the notice may be changed by giving written
notice of such change pursuant to this paragraph.
18.Understandings. There are no understandings or agreements except as expressly
stated herein.
19. Attorney Fees. In any litigation relating to this Agreement,the prevailing party shall
be entitled to reasonable attorney fees. The costs, salary and expenses of any in-
house counsel and/or the City Attorney and members of his/her office in enforcing
this Agreement shall be considered as "attorney fees" for the purpose of this
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paragraph.
20. Entire Agreement. This contract constitutes the entire Agreement between Orand
Terrace and San Bernardino and may be modified only by further written agreement
between the parties through their respective authorized bodies.
21. Construction of Provisions and Titles. All titles or subtitles appearing in this 1
Agreement have been inserted for the convenience and shall not be deemed to affect.
the meaning or construction of any of the terms or provisions of such Agreement.
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND THE CITY OF SAN BERNARDINO
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IN WITNESS WHEREOF, the parties have accepted,made and executed this
Agreement upon the terms, conditions and provisions above set, on the date'first
herein above written.
Grand Terrace City of San Bernardino
A Municipal Corporation A Municipal Corporation
/ f By.
Mary a Ferre,Mayor Fr Ad Wil on, City Manager
Attest: Attest:
�- '� • &�
City Clerk City Clerk
Approved as to form.
City Attorney City Attorney
B By:
John Harper es F. Pennman
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