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Home My WebLink AboutC-1962 - Animal impoundment agreement0 ! CITY OF NEWPORT BEACH CALIFORNIA DATE Anauat 12� 1977 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1962 Description of Contract Anisal Control Services Authorized by Resolution No. 9157 Effective date of Contract 8 -11 -77 Contract with {tayne L. Davis, D.V.M. Address 3838 E. Coast Righ"y Corona del Mar, CA 92625 Amount of Contract See Contract I adopted on 8 -8 -77 City Clerc City nail 3300 W. Newport Blvd, Area Code 714 August 120 1977 Wayne L. Davis, D.V.M. 3898 I. Coast Iigbway Corona del Mar, CA 92623 Inclosed is as executed copy of the Animal Molter Agreement between you sad the City of Newport Beach is connection with animal control services. We Agra mast was authorised by the City Council on August 6, 1971 by the adoption of Resolution No. 9157. City Clark as Inc. ca Police Department w /copy agreement • ANIMAL SHELTER AGREEMENT C This Agreement is made and entered into this day of , 1977, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation, hereinafter referred to as "City" and WAYNE L. DAVIS, D.V.M., a licensed veterinarian, hereinafter referred to as "Veterinarian" W I T N E S S E T H: WHEREAS, City has entered into an Animal Control Agreement with Albert E. Stockton, V.M.D., dated April 16, 1976, as amended April 1, 1977, for the impounding and keeping of animals found running at large in City; and WHEREAS, said agreement, as amended, will expire on April 16, 1978; and WHEREAS, Dr. Stockton has sold the medical practice and building which is the subject of said agreement, as amended, to Veterinarian and has given City sixty (60) days written notice of his interest to terminate as provided in said agree- ment, as amended; and WHEREAS, Veterinarian wishes to assume the responsi- bilities of Dr. Stockton under said agreement, as amended. NOW, THEREFORE, the parties agree: 1. Veterinarian shall assume the duties, responsi- bilities and obligations under the Agreement dated April 16, 1976 between City and Albert E. Stockton, V.M.D., as amended April 1, 1977, copies of which are attached hereto marked Exhibit "A" and "B" respectively, and made a part herein by this reference. 2. Veterinarian agrees to be bound by all of the terms and conditions of said agreement, as amended. 3. The term of this agreement shall expire on April 16, 1978, unless terminated sooner as provided in 0 0 paragraph 11 of Exhibit "A" IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: n ity Clerk APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH, A Chartered Municipal Corporation Mayor WAYNE C. DAVIS, D.V.M. -2- ANIMAL CONTROL AGREEMENT This Agreement, made and entered into this /�G�day Of / 1976, by and between the CITY OF.NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and ALBERT E. STOCKTON, V.M.D., a licensed veterinarian, hereinafter referred to as "Veterinarian "; W I T N E S S E T H: WHEREAS, under its Municipal Code the City of Newport Beach is obligated to impound and keep fowl and animals found running at large; and WHEREAS, said Code requires the licensing and vaccina- tion of dogs kept within the City; and WHEREAS, City does not have facilities suitable for impounding and keeping fowl, dogs, cats or other animals; and WHEREAS, Veterinarian has facilities for receiving and caring for fowl and animals that may be picked up on the City streets; NOW, THEREFORE, the parties agree: 1. Veterinarian agrees to receive and care for any dog, cat, bird, fowl, or animal, other than a wild animal or horse, cow, or other animal too large to be cared for in his facilities, that is delivered to him by City. 2. Visitors shall be permitted to view all impounded animals during normal inspection hours of 9:00 A.M. to 5:00 P.M., Monday through Saturday. 3. Veterinarian will keep such animal or bird for a period of not less than three (3) days unless the same is redeemed by the owner thereof. 4. After said three -day period, Veterinarian will dispose of such bird or animal either by selling it in accord- ance with the terms of Section 1208.5 of the Code of Civil EXHIBIT "A" ( S f 4 Procedure or by destroying it in accordance with Sections 7.16.020 and 7.16.060 of the Newport Beach Municipal Code. 5. If said animal or bird is redeemed by the owner or delivered to any other person, Veterinarian will collect from said owner or other person to whom it is sold or delivered the impounding fee and any boarding charges that may have accrued since the impounding. Veterinarian shall charge only the impounding fee and boarding charges established by Resolution of the City Council for fowl or animals delivered to him by the City for impounding, 6. In case such bird or animal is not reclaimed by the owner thereof, City shall pay Veterinarian a fee of Seven Dollars ($7.00) for the boarding charges for the period of time the animal is retained by Veterinarian, but not to exceed a three -day period for any such bird or animal, except that when any dog or other animal is delivered to Veterinarian for the purpose of quarantine, City shall pay the boarding charges for such animal established as aforesaid for a period of time not to exceed fifteen (15) days. 7. City shall pay Veterinarian a fee of Four and 50 /100 Dollars ($4.50) for any bird or animal that has been impounded by City which is destroyed by Veterinarian pursuant to this contract and the Municipal Code of City. Veterinarian agrees to dispose of the carcass of any bird or animal destroyed by him pursuant to this contract and the Municipal Code of City. In consideration thereof, City agrees to pay Veterinarian a fee of Two and 50 /100 Dollars ($2.50) for each animal carcass disposed of pursuant to this Agreement. 8. Veterinarian shall keep records to show the date each animal or bird is delivered to him by City, the time it is kept, the disposition of it, and the amount of fees or charges -2- collected from the owner or person to whom it is sold or delivered. These records shall be open and available for inspection by City. Veterinarian shall transmit to the City on or before the tenth day of each month all impounding and license fees collected in the preceding month. All other fees or charges collected by Veterinarian shall be retained by him. 9. At the end of each month, Veterinarian shall bill the City for the charges for boarding, destroying, and disposing of animals which have accrued during such month pursuant to this contract. City shall pay the same within fifteen (15) days after receipt thereof. 10. City reserves the right to allow a representative of the Newport Beach Police Department to enter the premises at any reasonable time to inspect the same or any part thereof and to attend to or protect the City's interest with a procedure to terminate the Agreement if unsatisfactory conditions exist. 11. The term of this Agreement shall begin on the date of execution and shall continue for a period of two (2) years; provided, however, that it may be terminated by either party by giving sixty (60) days' prior written notice to the other party. Any such notice of termination directed to the City shall be addressed to the.City Clerk, 3300 Newport Boulevard, Newport Beach, California 92660. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF NEWPORT BEACH, A Municipal Corporation By /a�Q Mayor ALBERT E. STOCKTON, V.M.D. _3_ Pkt F_ 1 L_j AMENDMENT TO AGREEMENT 0 THIS AMENDMENT TO AGREEMENT is made and entered into this 1 4:�,-- day of C , 1977, by and between the CITY OF NEWPORT EACH, a chartered municipal corporation, hereinafter referred to as "City ", and ALBERT E. STOCKTON, V.M.D., a licensed veterinarian, herein- after referred to as "Veterinarian ". W I T N E S S E T H: WHEREAS, City and Veterinarian have entered into an Animal Control Agreement dated April 16, 1976, for the impounding and keeping of animals found running at large in City; and WHEREAS, City wishes Veterinarian to retain impounded animals for one day longer (from three days to four days); and WHEREAS, this increase in the period of holding impounded animals will result in an increase in the boarding charges. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein, the parties hereto agree as follows: 1. Item 6 on page two of the Animal Control Agreement is amended to read as follows: "6. In case such bird or animal is not reclaimed by the owner thereof, City shall pay Veterinarian a fee of Nine Dollars and Fifty Cents ($9.50) for the boarding charges for the period of time the animal is retained by Veterinarian, but not to exceed a four -day period for any EXHIBIT "B" such bird or animal, except that when any dog or other animal is delivered to Veterinarian for the purpose of quarantine, City shall pay the boarding charges for such animal established as aforesaid for a period of time not to exceed fifteen (15) days." 2. In all other particulars, said Animal Control Agreement dated April 16, 1976, shall continue to be in full force and effect and is hereby confirmed and ratified. IN WITNESS WHEREOF, the parties have executed this. Agreement as of the day and year first above written. ATTEST R-c�t ity Clerk APPROVED AS TO FORM: 0/J DENNIS D. O -NEIL City Attorney CITY OF NEWPORT BEACH, A Municipal Corporation By 7 'Mayor DDO /bc 3/15/77 • r duly28, 1977 By a;:: Qj'Y COUA'CiL CITY C4 j 'WwWP W fiZAcj Davis, Wayne L. D.V.M. 3838 East Coast Highway Corona del Mar, Calif. 92625 Personal Informatkon: Single, 5'6•, 140# Cell, CF�b i �F� ✓p c l 179 Educational Backgrounds Camarillo High School, Calif. Graduated 6/64 U.C. Davis, B.S. Biological Sciences 3/72 U.C. Davis, School of Veterinary Medicine, D.V.M. 6/76 Military Service: Two Years U.S. Navy - Honorable discharge 10/69 Occupational Backgrounds Clinical Microbiologist - U.C. Davis 9/72 -6/76 Staff Veterinarian - Newport Center Animal Hospital 6/ ?6 -6/7? Stockton Animal Hospital 7/1/77- present By �?Y ��: Rxm:rlS2yFi1 qai•A.ai RESOLUTION NO. 9 1$ 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ANIMAL SHELTER AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND WAYNE L. DAVIS, D.V.M. WHEREAS, there has been presented to the City Council of the City of Newport Beach an animal shelter agree- ment between the City of Newport Beach and Wayne L. Davis, D.V. S.; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ATTEST: City Clerk ADOPTED this 8th day of August , 1977 DDO:yz 8/2/77