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Home My Public Portal AboutAgreement_2023-06-30 6/30/2024_San Gabriel Valley Humane Society_Animal Care and Control Contract Services_CITY OF TEMPLE CITY AGREEMENT FOR ANIMAL CARE AND CONTROL CONTRACT SERVICES This Agreement is entered into this 30`h day of June, 2023 between the CITY OF TEMPLE CITY herein called "City", and the SAN GABRIEL VALLEY HUMANE SOCIETY, a non-profit corporation, hereafter referred to as "Humane Society." WITNESSETH The Humane Society agrees as an independent contractor to provide comprehensive animal care, control and sheltering, and licensing services in support of the City's programs and activities specified in the terms, conditions and special provisions of this contract. SECTION I TERM OF CONTRACT This Agreement shall become effective July 1, 2023 and shall continue until June 30, 2024. SECTION II ANIMAL SHELTER SERVICES A. Humane Society shall maintain humane and sanitary shelter facilities suitable for the impoundment of all animals which may come into its custody from the City and Humane Society shall make provision for receipt of these animals on a 24 hour, seven days a week basis. Humane Society's shelter shall be located at 851 East Grand Avenue, San Gabriel, California. Humane Society shall maintain public office hours from 8:00 a.m. to 5:00 p.m., from Tuesday through Sunday and be closed Monday each week. Shelter services, including public kennel visitations, may be scheduled on an appointment basis during these hours at the discretion of the Humane Society. Humane Society's offices are closed on Mondays and specified holidays. Animals impounded for the City shall be held for adoption or redemption, by the owner or animal's custodian, for the minimum period of time specified by ordinance of the City, provided that no designated holding period shall be less than that provided by state law for the animal concerned. Humane Society reserves the right to humanely euthanize any impounded, diseased or injured animal prior to the expiration of the holding period upon the recommendation of a licensed veterinarian and in accordance with state law. All animals held in excess of the minimum period specified above shall become the responsibility of Humane Society and the City shall have no further responsibility for such animal. B. In the absence of written instructions from City to the contrary, Humane Society will accept stray animals found by private citizens within the City's boundaries, and be responsible for the collection, care and disposition of all animals voluntarily relinquished by their owners who reside in the City of Temple City. Agreement for Animal Care/Control Services Page 2 C. Humane Society may charge a reasonable fee for the acceptance of animals voluntarily relinquished by owners residing in the City, which fee shall be collected from the animal owner and become the property of Humane Society. Humane Society shall not refuse to accept a City pet owner surrendering his/her animals; provided that the owner agrees to pay for the Humane Society's keeping until its adoption or euthanasia. Humane Society shall not be required to euthanize an adoptable animal that is relinquished by its owner. Humane Society shall not be required to place any animal for adoption that Humane Society determines is not suitable for adoption in accordance with state law. D. Humane Society shall not release any animal for the purposes of medical research or vivisection. SECTION III FIELD SERVICES A. Humane Society shall provide animal control services to City. Said services shall include, the investigation of complaints regarding violations of the City's ordinances and state law; the collection of dead animals; and the capture of any stray, diseased, injured or vicious animal excluding large dead animals and dead animals on freeways. Humane Society shall take calls directly from City's citizens during normal public business hours. Humane Society shall respond to calls from authorized personnel of the City, including Los Angeles County Sheriff's Department, on a 24 hour/7 day per week basis. B. Humane Society will prioritize and respond to all calls for service as follows: • Emergent Public Safety Calls (immediate risk to public safety and/or an animal). Examples include: loose vicious animal, animal in traffic, animal endangerment. • Non -Emergent Public Safety Calls (no immediate risk to public safety and/or an animal). Examples include: stray (non -vicious) animal, animal confined by reporting party, deceased animal on public or private property, leash law violations, barking dog complaints. SECTION IV INCIDENTAL COSTS AND SERVICES In addition to the shelter services, field services, and licensing services as outlined in Sections II, III and V, Humane Society may provide other services to the City, and charge costs for these services, as agreed upon in advance by the City. SECTION V ANIMAL LICENSING SERVICES A. Humane Society shall administer City's dog licensing program in compliance with City Municipal Code requirements and City established dog license fees. B. Humane Society shall receive and process dog license applications from City residents. Agreement for Animal Care/Control Services Page 3 C. Humane Society shall mail renewal letters annually and shall receive and process renewals. Humane Society shall issue (and mail as necessary) all dog license documents and license tags. License tags will be issued for the life of the dog. D. Humane Society shall respond to and investigate reports of unlicensed dogs. Humane Society shall be responsible for initial follow-up and efforts to license such dogs and shall work with City to determine the appropriate course of enforcement action if needed. E. Humane Society shall be the custodian of dog license applications, forms and related documents (considered to be public records) and shall maintain such records in a manner consistent with City's records retention schedule. Humane Society shall organize and maintain records by year and shall provide records to City when scheduled for destruction. F. Humane Society shall remit to City all license fees collected on a quarterly basis. Fees collected during each quarter shall be remitted to City within thirty (30) days following the end of each quarter. G. Humane Society agrees to provide one (1) animal licensing and low cost microchip clinic for the City at San Gabriel Valley Humane Society, 851 E Grand Avenue, San Gabriel, California at no cost to the City. SECTION VI COMPENSATION A. City shall pay Humane Society a lump sum of $25,416.67 per month ($305,000 per year) for all services described in Section II, Animal Shelter Services, Section III, Field Services, and Section V, Animal Licensing Services, due and payable in accordance with Section VI, C. B. During the term of this contract, City agrees to compensate Humane Society for all payments due. C. Humane Society shall invoice City quarterly in advance on the first day of each quarter for Service. City shall pay for each quarter's service within thirty (30) days after receipt of said invoice. Said amount shall fully compensate Humane Society for all service provided for City as constituted on the effective date of this Agreement and shall include complete shelter and field services for all stray animals, excluding any animals impounded for quarantine or evidence purposes. D. Humane Society may at its discretion impose reasonable fees upon animal owners for the care and feeding of an animal impounded and/or held in quarantine. All stray animal owner or guardian redemption fees are to be kept by the Humane Society. Intake Vaccinations, Rabies, Microchip and Unaltered Fee are also charged if administered. E. Humane Society may at its discretion impose reasonable fees on City residents for the removal of deceased domestic animals from private property and other animal related services requested by residents at their property. Agreement for Animal Care/Control Services Page 4 F. Shelter services for animals held in quarantine or for animals held as evidence at request of City/County prosecuting attorney or city law enforcement officer and for animals held longer than four days pursuant to any applicable city ordinance or state law, shall be billed to City within 30 days of receipt of an itemized invoice provided by Humane Society. The rates established may be adjusted upon mutual written consent by both City and Humane Society. (Rates: $30.00 Impound fee, $15.00 per day Board) SECTION VII EQUIPMENT, SUPPLIES AND PERSONNEL A. Humane Society shall provide, at its own cost, all facilities, equipment, vehicles, supplies and personnel necessary to perform the services in Section II, Animal Shelter Services, Section III, Field Services, and Section V, Animal Licensing Services, to be furnished by Humane Society under the terms and conditions of this Agreement. SECTION VIII HUMANE EDUCATION SERVICES Humane Society shall make available, upon request of City educational materials designed to promote humane education. Such materials shall be provided at no cost to City. SECTION IX PUBLIC HEALTH RESPONSIBILITIES A. Humane Society shall conduct one (1) low-cost microchip clinic to provide City residents a reasonable opportunity to secure low-cost microchips. (As defined in Section V.) B. Humane Society agrees to cooperate with public health authorities in enforcing the provisions of the California Health and Safety Code relating to biting dogs and animals suspected of being infected with the rabies virus. SECTION X SOCIETY EMPLOYEE STATUS A. All persons employed by Humane Society for the performance of services to be provided pursuant to the terms and conditions of this Agreement shall be employees or agents of Humane Society. City shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any Humane Society personnel performing such services for City, nor shall City be called upon to pay any liability other than as provided for in this Agreement. Notwithstanding the foregoing, it is agreed that City shall have the full cooperation of Humane Society's officers, agents and employees and Humane Society shall have the full cooperation of City and of the officers, agents and employees of City in the performance and evaluation of the services. Agreement for Animal Care/Control Services Pdge 5 SECTION XI INSURANCE AND LIABILITY A. Humane Society will defend, indemnify, and save harmless City from all demands, claims, causes, or action, or judgments and from all expenses that may be incurred in investigating the same, arising from, or growing out of, any act or omission of Humane Society, its contractors, agents or employees, in connection with the operation of Humane Society's shelter, or in the performance of related duties under this Agreement. Humane Society shall fully inform all persons using or being upon Humane Society's premises or conducting business at such location of the non -liability of City for any act or neglect of Humane Society, by posting an adequate number of notices to that effect in, about, or on said premises. B. Humane Society's indemnification under this Agreement does not extend to liabilities, losses, claims, demands, actions, causes of action, proceedings, suits, damages, judgements, costs and expenses of litigation, including attorney's fees, which Indemnitee may suffer or incur or which Indemnitee may become subject to by reason or of arising out of any injury to or death of any person(s), damage to property, or loss of use of property caused by the active or passive negligence or willful acts or omissions of City, its elected and appointed officials, officers, agents, employees, volunteers or representatives. C. Humane Society shall at its own cost and expense secure and maintain the following Insurance coverage and provide copies of its most current coverage/documents all of the following: 1. Comprehensive general liability coverage, including vehicle insurance, in an amount no less than $1,000,000 combined single limit per occurrence, $2,000,000 general aggregate. 2. Said policy shall name the City of Temple City, its elected and appointed officers, officials, employees, agents and volunteers as additional insureds with regard to damages and defense of claims arising from (1) activities performed by or on behalf of the Humane Society; (2) completed operations of the Humane Society, of (3) premises owned, leased or used by Humane Society. 3. Insurance shall be placed with insurers which are admitted in the State of California and have a current A.M. best rating of no less than A; VII. 4. Said policy shall bear an endorsement and have attached a rider whereby it is provided that, in the event of expiration, cancellation or modification of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before the expiration, cancellation or modification is effective. 5. The Humane Society shall file a Certificate of Liability Insurance and original endorsements affecting coverage required by this section with the City. 6. Proof of Worker's Compensation coverage shall be maintained as required by the State of California and provided to the City prior to the execution of this contract. 7. City shall defend, indemnify and save Humane Society harmless from all demands, claims, causes of action, or judgments, and from all expenses that may be incurred in Agreement for Animal Care/Control Services Page 6 investigating or resisting the same, arising from, or growing out of, any act or neglect of the City its contractors, agents or servants in connection with the performance of the provisions of this Agreement. SECTION XII RECORDS MANAGEMENT AND FINANCIAL ACCOUNTING A. Humane Society agrees to develop and maintain a comprehensive records management system and provide City with such records relating to the services performed under this Agreement. All records shall be in a form acceptable to City. All Humane Society records relating to services provided or work performed pursuant to this Agreement, including all financial, managerial and operation records, shall be made readily available for inspection by City representatives at all reasonable times following a request by the City. If costs are incurred during compliance with a City request to inspect records or books, such costs shall be documented by Humane Society and reimbursed to Humane Society by City upon request by Humane Society. B. Humane Society shall comply with information access provisions in accordance with all applicable non-profit corporation requirements as stipulated by the State of California. C. Humane Society shall be responsible for the preparation and submittal of all invoices and related financial documents for services provided. Society shall fully cooperate with City regarding the methodology and processes required for the appropriate preparation of all financial documents as determined by City. Humane Society shall submit invoices as defined in Section VI. SECTION XIII CONTRACT ADMINISTRATION A. Humane Society shall provide, upon request by City, reports showing the number and species of animals impounded or received from the City. Additional field services impound data shall be provided to City upon request. B. Humane Society and City shall attend meetings as requested by either party to discuss operations and activities within the scope of this Agreement. SECTION XIV LEGAL A. In the event this Agreement should be challenged by suit filed by a non-party hereto, and in the event City, in its sole discretion, determines to defend said suit, City shall defend this Agreement at no expense to Society. B. In the event that litigation is required to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees. Agreement for Animal Care/Control Services Page 7 SECTION XV ASSIGNMENT A. Humane Society shall not have the right, or power to sell, mortgage or assign this Agreement or the powers granted to it or any interest therein. SECTION XVI MERGER A. This Agreement represents the entire understanding between the parties hereto and supersedes any and all prior written or oral agreements or understanding between the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FOM City Atto r ey Date: CITY OF TEMPLE CITY SAN GABRIEL VALLEY HUMANE SOCIETY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On June 9, 2023 before me I Sandra Yanira Scott, Notary Public (insert Name of Notary Public and Title) personally appeared Cynthia Ann Rigney SANDRA YANIRA SCOTT Notary Public - California Los Angeles County Commission # 2327247 My Comm. Expires May 3, 2024 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity{ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above (Signature of Notary Public) OPTIONAL Though the information is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 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