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Home My WebLink About1998 CON City of Chula Vista - Animal ShelterM AGREEMENT BETA/VEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY PROVIDING FOR THE USE OF CHULA VISTA ANIMAL SHELTER FACILITIES AND SERVICES THIS AGREEMENT, made and entered into this 1st day of July 1998, by and between the CITY OF CHULA VISTA, a municipal corporation hereinafter called Chula Vista and the City of National City, hereinafter called "National City". WITNESS WHEREAS, National City does not have an animal shelter and desires to use the Chula Vista Animal Shelter as a shelter for the impounding, adoption, redemption and disposition of dogs, cats and other small animals, and WHEREAS, Chula Vista has an animal shelter adequate to serve the needs of National City in addition to the needs of the City of Chula Vista, and WHEREAS, National City and Chula Vista entered into an agreement for animal sheltering services on July 1, 1987, and was lasted amended July 1991, and, WHEREAS, National City now desires to enter an agreement again with Chula Vista beginning FY 1998-99 for the use of animal shelter facilities of Chula Vista for the impounding, adoption, redemption and disposition of dogs, cats and other small animals, and WHEREAS, Chula Vista is willing to amend said agreement in the manner set forth herein. NOW, THEREFORE, IT IS AGREED by and between Chula Vista and National City as follows: 1. Chula Vista agrees to permit the City of National City the use of animal shelter facilities owned and operated by the City of Chula Vista and presently located at 690 Otay Valley Road for the impounding, adoption, redemption and disposition of dogs, cats and other small animals subject to the provisions of National City Animal Ordinances. 2. Chula Vista agrees to perform all normal animal shelter services, including the sheltering, feeding, medicating, exercising, adopting, euthanasia and disposal of dogs, cats and other small animals held for the City of National City. 3. Chula Vista agrees to provide reasonable access to shelter office and facilities to National City Animal Control Officers. 4. Chula Vista agrees to provide shelter services for residents of National City Monday through Friday 9:00 to 5:00 and 10:00 to 4:00 on Saturday. The shelter will be closed on Sunday and all major holidays. Chula Vista agrees to notify National City of changes in shelter hours in advance. /r/9/?-5 5. Chula Vista agrees to accept all stray animals from National City residents at no charge. Other appropriate fees will be charged for National City residents. A $20.00 fee will be charged to relinquish, for euthanasia, or to redeem animals from the shelter. A $5.00 adoption fee will be charged. 6. National City Animal Control Officers shall deliver all animals found within that jurisdiction to the Chula Vista shelter and comply with all written and verbal policies and procedures of the Chula Vista Animal Shelter. 7. Chula Vista agrees to provide National City Animal Control Officers assistance in emergency situations. Chula Vista also agrees to continue its mutually beneficial arrangement with the National City ARO, to transport animals to and from other shelters and Veterinary clinics when feasible. 8. Chula Vista shall not be responsible to any resident of National City, or to the City of National City, because of the destruction of any animal delivered to and accepted by the shelter pursuant to this agreement, and the City of National City agrees to hold harmless the City of Chula Vista from any claims arising from damage or injury to animals belonging to residents of the City of National City and delivered to the Chula Vista Animal Shelter. 9. Commencing on July 1, 1998, and extending through June 30, of 2001, National City agrees to contract for the aforementioned services and facilities. The cost of the first year of the contract will be $43,224 or $3,602 per month. Subsequent years will be adjusted fairly based on increasing costs or services and supplies. The Finance Department of the City of Chula Vista shall, as of the first day of each month, credit National City with the amount of monies received during the previous month from National City residents as fees for redemption of National City animals. The balance of funds remaining to be paid a two percent (2%) service and billing charge shall be applied. The Finance Department shall submit the billing to National City on or before the 10th day of the month following the billing period and that amount shall be due and payable upon receipt by National City, but no later than the last day of the billing month. 10. Chula Vista agrees to hold all dogs and cats found without owner information for a period of no less than three (3) days. Dogs and cats found with a National City license or other identification will be held for no less than five (5) days. As per applicable Penal Code sections, animals with communicable diseases and severe injuries or illness may be euthanized prior to the normal holding period. Chula Vista will attempt to notify owners of identified animals as to the whereabouts of the animal and the holding period. National City shall relinquish all animals not claimed or adopted to the City of Chula Vista for disposition in accordance with all applicable laws, policy or procedure as deemed appropriate by the Chula Vista Animal Shelter Manager. Excluded Services 1. Chula Vista shall not be responsible for issuing dog, or other animal licenses to National City residents or for collecting the fee for same. 2. Chula Vista shall not be responsible for enforcement of rabies vaccination requirements for National City residents or for collecting the fee for same. 3. Chula Vista shall not issue citations for animal related violations that occur within the City of National City. It is further agreed that this agreement shall take effect on the first day of July, 1998 and shall terminate on the 30th day of June, 2001; provided that either party may terminate this agreement at any time by giving the other party written notice of intention to terminate thirty (30) days following said notice. Termination of Agreement for Convenience. Either party may terminate this Agreement at any time and for any reason, by giving specific written notice of such termination and specifying the effective date thereof, at least thirty(30) days before the effective date of such termination. If the Agreement is terminated by National City as provided for in this paragraph, Chula Vista shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination. Termination of Agreement for Cause. If, through any cause, either party shall substantially fail to fulfill in a timely and proper manner any obligation under this Agreement, or violate any of its covenants, agreements or conditions of this Agreement, the Parties shall have the right to terminate this Agreement by giving written notification of such termination and specifying the effective date thereof at least five (5) days before termination. If the Agreement is terminated by National City as provided for in this paragraph, Chula Vista shall be entitled to receive just and equitable compensation for all services performed prior to the effective date so such termination. Notices and Designation of Administrator A. All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid. Notices shall be addressed to the Administrator, or his/her designee, designated below for the respective Party; provided that, if any Party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. B. The following, including their respective addresses, are hereby designated as Administrators for the purposes of this Agreement only: City of Chula Vista: Chief of Police, and his/her designee 276 Fourth Avenue Chula Vista, CA 91910 City of National City: Chief of Police, and his/her designee IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date here in above set forth. CITY OF CHULA VISTA Mayor, Ci of Chula Vista APPROVED AS TO FORM BY: CITY OF NATIONAL CITY APPROVED AS TO FORM George H. Eiser, III City Attorney RESOLUTION NO 98-137 RESOLUTION OF 1'HE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR THE USE OF THE CHULA VISTA ANIMAL SHELTER FACILITIES AND SERVICES WHEREAS, National City does not have an animal shelter and desires to use the Chula Vista Animal Shelter as a shelter for the impounding, adoption, redemption and disposition of dogs, cats and other small animals; and WHEREAS, Chula Vista has an animal shelter adequate to serve the needs of National City in addition to the needs of the City of Chula Vista; and WHEREAS, National City and Chula Vista entered into an agreement for animal sheltering services on July 1, 1987, which was last amended in July 1991; and, WHEREAS, National City desires to renew its agreement with Chula Vista beginning FY 1998-99 for the use of animal shelter facilities of Chula Vista for the impounding, adoption, redemption and disposition of dogs, cats and other small animals, and Chula Vista is willing to renew said agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to enter into an agreement with the City of Chula Vista for the use of its animal shelter facilities and services. Said agreement is on file in the Office of the City Clerk. PASSED and ADOYlED this 6te day of October, 1998. George H. 'Waters, Mayor ATTEST: 4,114, Mic ael R. Dalla, ity Clerk APPROVED AS TO FORM: George H. L... iser, III, CityAttorney Y Passed and adopted by the Council of the City of National City, California, on October 6, 1998, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: Councilman Beauchamp. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California I6/ Ci Clerk of the Cit y City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 98-137 of the City of National City, California, passed and adopted by the Council of said City on October 6, 1998. City Clerk of the City of National City, California By: Deputy C City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE _PtOber 6' 1998 ITEM TITLE AGREEMENT WITH CHULA VISTA FOR USE OF THE CHULA VISTA ANIMAL SHELTER. AGENDA ITEM NO. 11 PREPARED BY CRAIG SHORT69 DEPARTMENT POLICE DEPARTMENT CAPTAIN EXPLANATION . The City of Chula Vista has provided Animal Shelter services for the City of National City since 1968. Chula Vista proposes a three year contract (July 1, 1998 through June 30, 2001) to provide those services. The cost to National City is $43,224 a year which reflects National City's share of staff costs, direct supplies and service costs (veterinary services, medical/lab supplies, food, animal disposal costs and utilities.) If costs increase, the contract may be adjusted to reflect National City's share in the second and third years of the contract. The contract provides for a termination for convenience at any time and for any reason with thirty day's written notice and for cause with written notification of at least five days before termination. Environmental Review N/A Financial Statement First year's cost is already budgeted for in approved Budget for Fiscal Year 1998/99. STAFF RECOMMENDATION That the City Council approve the resolutionftthorizing the Mayor to enter into a three year agreement with the City of Chula Vista for shelter service from July 1, 1998 through June 30, 2001 Account No. 001-411-000-268 / BOARD/COMMISSION RECOMMENDATION TT HMENTS (Listed Below) 1. Resolution 2:: Agreement Resolution No. 98-137 A•200 (Rev. 9/80) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla - City Clerk (619) 336-4226 Fax (619) 336-4376 October 14, 1998 Chief of Police Richard Emerson City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Chief Emerson: On October 6, 1998, the City Council of the City of National City adopted Resolution No. 98-137, enclosed, which authorized the Mayor to execute an agreement for the use of the Chula Vista Animal Shelter facilities and services. We are enclosing two executed original copies of the agreement. Thank you. Sincerely, "..44ZIAr Michael R. Dalla City Clerk MRD/mla Enclosures cc: Police Dept. ® Recycled Paper