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HomeMy WebLinkAboutC-2019 - Animal sheltering servicesAMENDMENT TO ANIMAL CONTROL AGREEMENT THIS AMENDMENT TO ANIMAL CON ROL AGREEMENT is made and entered into this day of art/ 1978, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City," and JAMES TAPPER, D.V.M., INC., hereinafter referred to as "Veterinarian;" W I T N E S S E T H: WHEREAS, City and Veterinarian have entered into a five year agreement for animal shelter services, dated April 24, 1978; and WHEREAS, Veterinarian has requested an amendment to said agreement to provide for a $25.00 per week fee for clerical costs, such as admissions processing, monthly activity summary preparation, and receiving telephone calls for impound information; and WHEREAS, the City Council has determined that the request for such provision is reasonable and justifiable, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Paragraph 12 shall be added to the aforementioned Animal Control Agreement dated April 24, 1978, to read: "12. City shall pay Veterinarian a fee of $25.00 per week to defray clerical costs, such as admissions processing, monthly activity summary preparation, and receiving telephone calls for impound information, said fee to be payable retroactively to April 24, 1978." 2. The remainder of the terms and conditions contained i 0 in said Animal Control Agreement dated April 24, 1978, shall remain in full force and effect and continue to be binding on the parties hereto. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. ATTEST: City erk / APPROVED AS TO FORM: X&J City ttorn y CITY OF NEWPORT BEACH, a municipal corporation Ff �.�.�i.. JAMES TAPPER, D.V.M., INC. By p -2- DDO /kb 9/11/78 RESOLUTION NO. 9 32 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND JAMES TAPPER, D.V.M., INC. TO PROVIDE ANIMAL SHELTERING SERVICES WHEREAS, there has been presented to the City,Council of the City of Newport Beach a certain agreement between the City of Newport Beach and James Tapper, D.V.M., Inc. to provide animal sheltering services; 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. ADOPTED this 24th day of April , 1978. Mayor ATTEST: City Clerk DDO /bc 4/21/78 0 0 ANIMAL CONTROL AGREEMENT This agreement, made and entered into this v16 day of (G,2 1978, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City," and JAMES TAPPER, D.V.M., INC., 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 vacci- nation 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 running at large 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 8:30 a.m, to 12:30 p.m. and 2:30 p.m. to 6:00 p.m. Monday through Friday and 8:30 a.m. to 12:30 p.m. on Saturday. 3. Veterinarian will keep such animal or bird for a period of not less than four (4) days unless the same is redeemed by the owner thereof sooner. 4. After said four -day period, Veterinarian will 0 0 dispose of such bird or animal either by selling it in accor- dance with the terms of section 1208.5 of the Code of Civil 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 Sixteen Dollars ($16.00) 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 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 Five Dollars ($5.00) 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 Dollars and Fifty Cents ($2.50) for each animal carcass disposed of pursuant to this agreement. 8. Veterinarian shall keep records to show the date -2- i 0 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 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 (10th) 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 representa- tive 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 five (5) years; provided, however, that it may be terminated by either party with or without cause by giving sixty (60) days' prior written notice to the other party. Any such notice of termina- tion directed to the City shall be addressed to the City Clerk, -3- C 3300 Newport Boulevard, Newport Beach, California 92663. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. ATTEST: %1 I City Clerk APPROVED AS'TO FORM: City Attornbj CITY OF NEWPORT BEACH, a Municipal Corporation =A1, JAMES TAPPER, D.V.M., INC. M -4- i April 26, IWS i James Tapper, D.O.M., Inc. 6904 West Coast Highway Newport Beach, CA 92660 z. Subject: Animal Shelter Agreement Enclosed is a copy] of the above refersd�e+d agreement authorised by Resolution No..,9924 adopted at a ro lar meeting of the City Council on April 24, 1978. € z, Doris Caorgs City Clerk ag Enclosure cc: Police Department I i � ,. f OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 September 18, 1978 James Tapper D.V.M., Inc. 6904 West Coast Highway Newport Beach, CA 92660 Subject: Amendment to Animal Control Agreement Enclosed is .a copy of the above referenced' agreement authorized by Resolution No. 9430 adopted at a regular meeting of the City Council on September 11, 1978. Shirley W. Keller Deputy City Clerk ct Enclosure cc: Police Department City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 i March l6, 1979 James Tapper* D•V.M.4 Inc. 6904 WOA t Newport Bach, CA 92663 acloasd is a certified copy of the hmeadment to Animal F OIL w control Agreement tboriaed by the city council 95 March 12. 1979 by the adoption of Resolution 130. 9519. a certified copy of .Rhicb is also enclosed. DORIS GICORGF- city Clerk DG:rns cc: Sg• Coehlo. Police Dept. CITY OF NEWPORT BEACH CALIFORNIA City 11,11 3300 W. Newport Blvd. Area Code 714 DATE September 18, 1978 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2019 Description of Contract Amendment to Animal Control Agreement Authorized by Resolution No. 9430 , adopted on September 11, 1978 Effective date of Contract September 18, 1978 Contract with James Tapper, D.V.M., Inc. Address 6904 West Coast Highway Newport Beach, CA 92660 Amount of Contract See Contract City Clerk 8hptember 13, 1918 Jaws Tapper, D.V.K., Inc. 6904 West Coast Highway Newport Desch, CA 92663 Attached are tvo copies of the amendment to the agreement which was presented to the City Council for acceptance on September U. Yleses sign both copies and return to us for the Mayor's signature. We will return an executed copy to you for your files. Shirley Keller Deputy City Clerk SK y' Return envelope. 2 copies of Amendseat CITY OF NEWPORT BEACH CALIFORNIA DATE TO: FINANCE DIRECTOR FROM: City Clerk April 26, 1978 SUBJECT: Contract No. Description of Contract Authorized by Resolution No. , adopted on Effective date of ContracV19 Contract with Animal Shelter Agreement Address 9324 4-24-78 ftxtt 26, 1978 Amount of Contract J ., rm. 6906 West Coast Highway Newport Beach, CA 92660 See Contract i ,Y City Clerc City Ilan 3300 W. Newport Blvd. Area Code 714 i • RESOLUTION No. 9 43 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO ANIMAL CONTROL AGREEMENT (JAMES TAPPER, D.V.M., INC.) WHEREAS, there has been presented to the City Council of the City of Newport Beach an Amendment to Animal Control Agreement to provide for a weekly payment for clerical costs; and WHEREAS, the City Council has reviewed said Amendment and found it to be fair and equitable, NOW, THEREFORE, BE IT RESOLVED that the City Council of the.City of Newport Beach hereby authorizes the Mayor and City Clerk to execute an Amendment to Animal Control Agreement between the City of Newport Beach and James Tapper, D.V.M., inc. ADOPTED this 11th day of September , 1978. Mayor ATTEST: City Clerk HRC /kb 9/1/78 6 0 RESOLUTION NO. 9 519 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO ANIMAL CONTROL AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND JAMES TAPPER, D.V.M., INC. WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Amendment to the Animal Control Agreement between the City of Newport Beach and James Tapper, D.V.M., Inc.; and WHEREAS, the City Council has reviewed the terms and conditions of said Amendment to Animal Control 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 Amendment to Animal Control Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Amendment above described is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 12th day of March 1979. Mayor ATTEST: City Clerk DDO /kb 3/12/79 AMENDMENT TO ANIMAL CONTROL AGREEMENT THIS AMENDMENT TO ANIMMAL CONTROL AGREEMENT is made and entered into this �S t day of 1979, by and between the CITY OF NEWPORT BEACH, a municipal corpora- tion, hereinafter referred to as "City," and JAMES TAPPER, D.V.M., INC., hereinafter referred to as "Veterinarian "; W I T N E S S E T H: WHEREAS, City and Veterinarian have entered into a five -year agreement for animal shelter services, dated April 24, 1978; and WHEREAS, Veterinarian has requested an amendment to said agreement to provide the public with four full business days and two half business days; and WHEREAS, the City Council has determined that the request for such provision is reasonable and justifiable, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Paragraph 2 of the Animal Control Agreement dated April 24, 1978, shall be amended to read: "2. Visitors shall be permitted to view all impounded animals during normal inspection hours of 8:30 a.m. to 12:30 p.m. and 2:30 p.m. to 6:00 p.m. Monday, Tuesday, Wednesday and Friday and 8:30 a.m. to 12:30 p.m. on Thursday and Saturday." 2. The remainder of the terms and conditions con- tained in said Animal Control Agreement dated April 24, 1978, and any amendments thereto shall remain in full force and effect and continue to be binding on the parties hereto. 00 IN WITNESS WHEREOF, the parties have executed this Amendment to Animal Control Agreement as of the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation By ayo JAMES TAPPER, D.V.M., INC. By - 2/ ATTEST: n City Clerk —� APPROVED AS TO FORM: t City Attorney -2- DDO /kb 3/5/79