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Home My WebLink AboutC-2096 - Animal control agreement_0 0 CITY OF NEWPORT BEACH CALIFORNIA DATE June 18, 1979 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2096 Description of Contract Animal Control Agreement Authorized by Resolution No. 9576 , adopted on June 11, 1979 Effective date of Contract June 15, 1979 Contract with Newport Hills Animal Hospital Address 2670 San Miguel Dr. Newport Beach, Calif Amount of Contract see agreement City Clerc 4r f City Hall 7700 W. Newport Blvd. Area Code 714 ANIMAL CONTROL AGREEMENT THIS AGREEMENT, made and entered into this 1 E day of tip/ 1979, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred • to as "City," and NEWPORT HILLS ANIMAL HOSPITAL, a California corporation, 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 animal too large to be cared for in his facili- ties, that is delivered to him by City. 2. Visitors shall be permitted to view all impounded animals during normal inspection hours of 8:00 a.m, to 6:00 p.m. on Monday, Tuesday, Thursday and Friday; 8:00 a.m. to 12:00 noon on Wednesday; and, 8:00 a.m, to 12:00 noon on Saturday. 3. Veterinarian will keep such animal or bird that bears a license for a period not less than eight (8) days unless 0 the same is redeemed by the owner thereof sooner. Should such animal or bird not bear a license, 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. Said claim periods shall not include the hours the shelter is closed. In addition, Veterinarian shall keep such birds or animals, licensed or unlicensed, an additional twenty -four (24) hours after said claim periods, if it is determined by the Animal Control Officer that said animals or birds are known to be of a species which generally has been purchased. 4. After said claim period, Veterinarian will dispose of such animal or bird either by selling it in accordance 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. In case such animal or bird is not reclaimed by the owner thereof, the City shall pay Veterinarian a fee of Five Dollars ($5.00) per day for the medical observation for the period of time the animal or bird is retained by Veterinarian, except that when any dog or other animal is delivered to Veterinarian for the purpose of quarantine, City shall pay the medical observation charges for such animal established as afore- said for a period of time not to exceed fifteen (15) days. Upon redeeming an animal or bird, the owner must pay all accrued boarding /medical observation fees. 6. If said animal or bird is purchased by a person who had no previous interest in the animal or bird, Veterinarian will collect from said person accrued boarding /medical observation fees not to exceed Eighteen Dollars ($18.00). 7. City shall pay Veterinarian a fee of Five Dollars ($5.00) for any bird or animal that has been impounded by City -2- • w 0 0 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. In the event Veterinarian is required to dispense an innoculation against rabies to any animal delivered to him by City, Veterinarian shall charge a fee of not more than Seven Dollars ($7.00) for said innoculation. Said fee shall be collected from the owner or any other person to whom said animal is sold or delivered. 9. In the event Veterinarian is required to perform emergency services for any injured animal delivered to him by City, Veterinarian shall charge a fee of not more than Thirty - Five Dollars ($35.00) for said services. Said fee shall be collected from the owner or any other person to whom said animal is sold or delivered; or, in the case of an animal destroyed or disposed of by Veterinarian pursuant to this contract, City shall pay such fee. 10. City shall pay Veterinarian a fee of Two Hundred Dollars ($200.00) per month to defray clerical and other operating costs associated with the City impound facilities. 11. 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 collected from the owner or person to whom it is sold or delivered. These records shall be open and available for -3- inspection by City. All fees or charges, except dog license revenues, collected by Veterinarian shall be retained by him. Dog license revenues shall be retained in a separate account • and turned over to City on a weekly basis. 12. At the end of each month, Veterinarian shall bill the City for the charges of medical observation, 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 the receipt thereof. 13. 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. 14. The term of this agreement shall commence on June 12, 1979, 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 termination directed to -4- the City shall be addressed to the City Clerk, 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: 3 C�ity Clerk APPROVED AS TO FORM: r City Attorney CITY OF NEWPORT BEACH, A Municipal Corporation NEWPORT HILLS ANIMAL HOSPITAL, A California Corporation By J- Nei Bondman, D.V.M. -5- 5/23/79 DDO /kb By Il`Tl Mqtor NEWPORT HILLS ANIMAL HOSPITAL, A California Corporation By J- Nei Bondman, D.V.M. -5- 5/23/79 DDO /kb • 0 RESOLUTION NO. 9 57 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ANIMAL CONTROL AGREE- MENT BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT HILLS ANIMAL HOSPITAL WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Animal Control Agreement between the City of Newport Beach and Newport Hills Animal Hospital in connection with the provision of animal shelter services; and WHEREAS, the City Council has reviewed the terms and conditions of said 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 Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Agreement 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 11th day of June , 1979 Mayor ATTEST: City Clerk kb 6/5/79