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HomeMy WebLinkAboutCity of San Bernardino-2009-15 Tc-2o. -IC „ram odn September 2, 2009 Grand Terrace CALIFORNIA 22795 Barton Road Grand Terrace Susan M. Hoak California 92313 San Bernardino Animal Control 333 Chandler Place Civic Center San Bernardino, CA 92408-2097 (909)430-2212 Fax (909) 783-7629 Reference: Animal Housing Services Agreement Ms. Hoak: The Grand Terrace City Council,at their meeting on August 25, 2009,approved City Clerk's the Animal Housing Services Agreement between the City of Grand Terrace and Department the City of San Bernardino. Enclosed you will find two Agreements with original signatures. We have retained one duplicate original for our files. If you have any questions please contact our office. Sincerely, Brenda Mesa City Clerk Enclosure ANIMAL CONTROL DEPARTMENT a,� 333 Chandler Place•San Bernardino,CA 92408-2097 909.384.1304 Fax: (909)384.5483 C I I F 0 r _ www.sbcityanimal.org da Email: animalcomplaints@sbeity.org Bernar� ino s. July 20,2009 Steve Berry City of Grand Terrace 22795 Barton Rd. Grand Terrace,Ca. 92313 Dear Mr. Berry, At the Mayor and Common Council meeting of July 6, 2009, the City of San Bernardino adopted Resolution No. 2009-179 -Resolution of the Mayor and Common Council of the City of San Bernardino, authorizing the City Manager to execute Animal Housing Agreements by and between the City of San Bernardino and the City of Colton for the period 07/01/2009 through 12/31/2009. Attached are one (1)original agreement and two(2) duplicate originals of each of the agreements to be executed. Please obtain signatures and return the ORIGINAL agreements to Sue Hoak,Animal Control Manager as soon as possible. Please retain one (1) duplicate original of the agreement for your records. Thank you, i/ Susan M. Hoak Animal Control Manager 2009-179 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO—EXHIBIT"C" THIS AGREEMENT ("Agreement") is made this/Q day of LLy 2009, between the City of Grand Terrace, a municipal corporation(hereinafter "Grand Terrace)and the City of San Bernardino, a municipal corporation (hereinafter "San Bernardino"). Grand Terrace and San Bernardino are herein referred to individually as a"Party" and collectively as the "Parties." WHEREAS, Grand Terrace desires to extend the animal housing agreement for a period of six months, and WHEREAS, San Bernardino has the knowledge, skills, resources, and experience that qualify it to provide those animal housing services for Grand Terrace; 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 of Grand Terrace, pursuant to applicable laws, release to owner, adopt, humanely destroy, or otherwise dispose of all animals received. No domesticated animal 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 dog, cat, or other domesticated animal shall be disposed of 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 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. a. Grand Terrace shall pay to San Bernardino $1,150 per month. San Bernardino shall present an invoice on or before the tenth day of each month for the amount due. 1 2009-179 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO—EXHIBIT "C" Grand Terrace shall pay said invoice not later than the last day of the month in which billed. 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. c. If Grand Terrace fails to pay San Bernardino within thirty(30) days after the 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(a). 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 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 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 per annum from the date of withholding of any amounts found to be improperly withheld. For any disputed sum, either party may attempt to 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 as requested. 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. 2 2009-179 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO—EXHIBIT "C" 8. Grand Terrace's Indemnification. Grand Terrace agrees and promises to indemnify, defend, and hold harmless San Bernardino, 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 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, 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 in enforcing this Agreement on behalf of San Bernardino shall be considered as "attomey's fees" for the purposes of this paragraph. 9. 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 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. 10. Warranty. San Bernardino makes no warranty, either express or implied, as to its findings, recommendations, plans, reports, professional advice or other work except that the work will be performed in accordance with generally accepted standards of practice in effect at the time of such performance. 11. Worker's Compensation Insurance. San Bernardino is permissibly self-insured under the Worker's Compensation laws of the State of California and will provide worker's compensation coverage for its employees and will ensure that the employees of any of its subcontractors are covered by worker's compensation insurance in an amount and form to meet all applicable requirements of the laws of the State of California. Grand Terrace shall not provide worker's compensation insurance for any San Bernardino employee, agent or subcontractor operating under the terms of this Agreement under any circumstances whatsoever. Furthermore, notwithstanding any other provision set forth herein, Grand Terrace shall not indemnify, defend or hold harmless San Bernardino, its officers, employees, agents or subcontractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 2009-179 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO—EXHIBIT "C" 13. Anti-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, ancestry, national origin, handicap, or sex and in compliance with State and Federal Anti-Discrimination laws. 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. 15. Conflict of Interest. (a) San Bernardino or its employees may be 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. Term. The term of this Agreement shall be for six 6 months, commencing on July 1, 2009, and terminating on December 31,2009. This agreement may be terminated by either party upon 30 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. 17. 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. 18. 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 Animal Control Manager City of Grand Terrace City of San Bernardino 22795 Barton Road 333 Chandler Place Grand Terrace, CA 92313 San Bernardino, CA 92408 (909) 430-2226 (909) 384-1304 Ext 1515 4 2009-179 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO—EXHIBIT "C" Any notice so given shall be considered served on the other Party three (3) days after the date of mailing. The address for the notice may be changed by giving written notice of such change pursuant to this paragraph. 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 shall be considered as "attorney fees" for the purpose of this paragraph. 20. Entire Agreement. This contract constitutes the entire Agreement between Grand 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 Agreement have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions of such Agreement. \\\ \\\ \\\ 5 2009-179 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO—EXHIBIT"C" IN WITNESS WHEREOF,the Parties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above stated,on the day and year set forth above. CITY OF GRAND TERRACE CITY OF AN BERNARDINO A Municipal Corporation A Mu ' al orpora • n BAY[ By Maryetta, erre,Mayor Charles cNeely, Ci ger Attest: �� ,,� J ,�^ Attest: City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney I s F. Penman, City Attorney 6