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CC Resolution No. 00-021- RESOLUTION NO. 00-o21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF ANIMAL SERVICES AGREEMENT BETWEEN THE HUMANE SOCIETY OF SANTA CLARA VALLEY AND THE CITY UNIT OF CAMPBELL, CUPERTINO, LOS GATOS, MONTE SERENO, AND SARATOGA WHEREAS, there has been presented to the City Council a proposed Agreement between The Human Society of Santa Clara Valley and the City Unit of the cities of Campbell, Cupertino, Los Gatos, Monte Sereno, and Saratoga for animal services; and WHEREAS, the terms, conditions and provisions of the agreement have been reviewed and approved by the Director of Administrative Services and the City Attorney. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes the Mayor to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18~ day of January 2000, by the following vote: Vote Members of the City Council AYE S: NOES: ABSENT: ABSTAIN: Burnett, Chang, James, Lowenthal, Statton None None None ATTEST: City Clerk ff" ~aYor, City of Cupertino ANIMAL SERVICES AGREEMENT This Animal Services Agreement ("Agreement") is entered into as of the 1st day of July 2000 (the "Effective Date") by Humane Society of Santa Clare Valley, a Califomia non-profit public benefit corporation ("HUMANE SOCIETY"), and the Cities of Campbell, Cupertino, Monte Sereno, Saratoga, and the Town of Los Gatos ("CITY UNIT"). This AGREEMENT supersedes in its entirety the previous AGREEMENT of July 1, 1996. RECITAL In consideration for certain payments and promises by CITY UNIT, HUMANE SOCIETY has agreed to perform certain Animal Services for CITY UNIT. AGREEMENT Now, therefore, in consideration of the mutual covenants set forth in this AGREEMENT, HUMANE SOCIETY and CITY UNIT agree as follows: 1. ANIMAL SERVICES. a) Services Provided: For the consideration set forth herein, HUMANE SOCIETY shall provide to CITY UNIT the Field Services, Shelter Services, and Dead Animal Services described in this AGREEMENT. These three cetegodes of services are collectively referred to herein as the "Animal Services? and each category of services is sometimes hereinafter referred fo as a "Program Unit." The Animal Services shall be provided by HUMANE SOCIETY in accordance with all applicable federal, state, and local laws and ordinances. b) Commencement of Service. The Field Services, Shelter Services and Dead Animal Services shall begin on the Effective Date of this AGREEMENT, July 1, 2000. (vii) Pick-up of confined stray dogs, cats, and other small animals to include rabbits, chickens, turkeys, geese and ducks, and excluding confined wildlife such as opossums, raccoons, skunks, or squirrels. (viii) Pick-up of dead animals from city streets and public property as defined in 4(a) below. The HUMANE SOCIETY reserves the dght to refuse service requests that are unlawful, outside the scope of this agreement or outside the authority of this agency. If needed, the HUMANE SOCIETY and the CITY UNIT shall meet to discuss alternatives for those requests which are outside the scope of this agreement. Resources will perform the services listed above on a pdofity basis. Timely response guidelines are prioritized as follows: #1 Sick and injured animals #2 Vicious Animals #3 Confined stray pick-up ~4 Bite investigations #5 Dead animal pick-up (dogs, cats, small animals, deer) Priorities may be adjusted based on the immediate threat to a person or another animal. b) Response Criteria. The Field Services are based upon City or citizen complaints and requests. HUMANE SOCIETY Animal Control Officers will target response times to complaints and requests to HUMANE SOCIETY in accordance with the following guidelines: (i) Immediate response of one (1) hour or less within reasonable limits allowed by staffing availability, to Emergency Calls, Police Assists, and critically sick or injured animals. (The term "Emergency Calls' means complaints of a bite or attack on a human in progress or where a bite or attack has occurred and where the animal remains an immediate threat to persons or property.) 3 personnel, supplies and equipment, reasonably required to perform the following services (the "Shelter Services"). (i) Shelter of abandoned, impounded, lost or stray domestic animals brought to the shelter by CITY UNIT residents or HUMANE SOCIETY personnel. (ii) Quarantine of biting animals. (iii) Rabies testing of suspect animals. (iv) Provision for surrender and reclaim of abandoned, lost or stray domestic animals during established business hours. (v) Euthanization and disposal of abandoned, lost, impounded, or stray domestic animals that are unclaimed by their owners and fail to meet the written health and temperament standards of the HUMANE SOCIETY. b) Medical Services. As part of the Shelter Services, HUMANE SOCIETY shall provide the following services, including office facilities, supplies, and professional and trained personnel, employed or under contract, necessary to perform the following services (the "Medical Services"): (i) Provision of veterinarian services twenty-four (24) hours per day to treat and provide veterinarian care to stray, injured, or sick dogs, cats, and other impounded animals. (ii) Monitor quarantined biter animals. (iii) Provide vaccination services and have available, free of charge to the public, rabies control information. c) Operatina Schedules. HUMANE SOCIETY shall provide Shelter Services for the animals twenty-four (24) hours a day, seven (7) days a week. The HUMANE SOCIETY Shelter shall be open to the public, at a minimum, from 11:00 a.m. to 6:00 p.m., Monday through Fdday, and from 10:00 a.m. to 5:00 p.m. on Saturday and Sunday. HUMANE SOCIETY's front counter shall be open to the public, at a minimum, from 9:00 a.m. to 6:00 p.m., Monday through Friday, and 8:30 a.m. to 5:00 p.m. on Saturday and Sunday. These hours may be reasonably adjusted from time to time by HUMANE 5 available to the public for drop-off and disposal of dead animals at its shelter facility seven (7) days a week, twenty-four (24) hours a day. 5. RECORDS REGARDING ANIMAL SERVICES a) Maintenance of Records. HUMANE SOCIETY shall maintain accurate records regarding its performance of Animal Services under this AGREEMENT. Such records shall include Field Services records regarding cells, dispatches and Animal Control Officer's responses; Shelter Services records regarding receipt, care, reclaim, and disposition of abandoned, impounded, lost or stray domestic animals, including names and addresses of persons reclaiming animals; and Dead Animal Services Records regarding receipt and disposal of dead animals. b) Inspection of Records. HUMANE SOCIETY's records regarding Animal Services shall be open to inspection by CITY UNIT or CITY UNIT's designated representative, upon request of the CITY UNIT dudng HUMANE SOCIETY's regular business hours. c) Monthly Report. HUMANE SOCIETY shall deliver to each participating city of the CITY UNIT dudng the term of this AGREEMENT a monthly Animal Control and Impound Report summarizing Field Services, Shelter Services, and Dead Animal Services provided by HUMANE SOCIETY for that city. This report shall include but not be limited to the following information: (i) Number of Animal Control calls received for which a response was provided, broken down by - · Type of animal · Type of cell · Average response time for each type of call (ii) Number of calls received broken down by - · Calls received for services provided by HUMANE SOCIETY (iii) Number of dead animals picked up and brought to the shelter by- 7 receipt by each fee category, and the totals for the month by fee category which total shall match the amounts shown on the statement of Program Fees collected. 7. ANIMAL LICENSING HUMANE SOCIETY, in connection with its Shelter Services, shall assist the CITY UNIT in licensing activities when the HUMANE SOCIETY releases impounded dogs, or other animals to which licensing is applicable that are reclaimed by their owners at the shelter, where CITY UNIT licensing forms and other requirements for licensing, including rabies vaccination certificates, are provided or available to HUMANE SOCIETY. For animals adopted from the HUMANE SOCIETY, HUMANE SOCIETY shall refer owners to the appropriate city of CiTY UNIT for licensing. HUMANE SOCIETY provides animal licensing services for CITY UNIT under a separate AGREEMENT with CITY UNIT. 8. OTHER RESPONSIBILITIES a) Responsibility for Administrative Hearings. The HUMANE SOCIETY shall not be responsible for or bear the expense of arranging and conducting any required hearings regarding dangerous dogs. HUMANE SOCIETY's Animal Control Officers will appear at the hearings at no additional cost to the CITY UNIT if required. b) Timely Payments. CITY UNIT shall promptly deliver to HUMANE SOCIETY the payments hereinafter required under this AGREEMENT for the Animal Services provided by HUMANE SOCIETY. 9. PAYMENT PROVISIONS a) Payment Schedule. Payments shall be made to the HUMANE SOCIETY in equal monthly installments. The HUMANE SOCIETY agrees to invoice each city of the CITY UNIT fifteen (15) days before the first of the following month. All installment payments by the CITY UNIT shall be due and payable in advance on the first business day of each month during the term of our 9 (ii) By either the CITY UNIT or the HUMANE SOCIETY immediately upon notice to the other, if the other broaches any material obligation under this AGREEMENT and such breach remains unrernedied for at least thirty (30) days following written notice thereof to the broaching party. (iii) Immediately upon written notice by the CITY UNIT to HUMANE SOCIETY if HUMANE SOCIETY has a roceiver appointed for all or substantial part of its business or assets, if a bankruptcy proceeding is brought by or against HUMANE SOCIETY as a debtor, or if HUMANE SOCIETY ceases its business operations. (iv) Upon at least three (3) months pdor wdtten notice by CITY UNIT to HUMANE SOCIETY of its desiro to terminate this AGREEMENT or any individual Service; individual Services being defined as Field Services, Shelter Services and Dead Animal Services. (v) Upon at least three (3) months prior wdtten notice by HUMANE SOCIETY to CITY UNIT of its desire to terminate this AGREEMENT or any individual Service; individual Services being defined as Field Services, Shelter Services and Dead Animal Services. c) Effects of Termination. Upon the effective date of any termination of this AGREEMENT, HUMANE SOCIETY's obligation to provide Animal Services to CITY UNIT under this AGREEMENT shall cease, and CITY UNIT's obligation to make payments herounder for pedods of time after the effective date of termination shall cease, provided that the parties shall have any and all remedies available under law for any breach of this AGREEMENT. 11. INDEMNIFICATION HUMANE SOCIETY shall defend, with counsel approved by CITY UNIT, indemnify and hold harmless CITY UNIT, it officers, employees and agents against any and all claims, actions, losses, 11 physical facilities (and necessary conduct directly resulting from or alleged to have directly resulted from that insufficiency) and not to the actions or omissions of the HUMANE SOCIETY that are unrelated to the insufficiency of the HUMANE SOCIETY's physical facilities. If it ultimately is determined by a court of competent jurisdiction or other binding process, or if the CITY and the HUMANE SOCIETY agree, that the claim, action, loss, liability, civil damage, civil penalty, civil fine or expense did not result from the insufficiency of the HUMANE SOCIETY's physical facilities (and necessary conduct directly resulting from that insufficiency), then the CITY UNIT shall not be required to defend, indemnify and hold harmless the HUMANE SOCIETY pursuant to this SECTION. 12. INSURANCE HUMANE SOCIETY agrees to procure and maintain at its own expense the insurance policies set forth in EXHIBIT A, entitled "Insurance," which is attached hereto and incorporated herein. All policies, endorsements, certificates and/or binders shall be subject to approval by CITY UNIT as to form and content. These requirements ara subject to amendment or waiver if so approved by CITY UNIT. HUMANE SOCIETY agrees to provide CITY UNIT with a copy of all said policies, certificates and/or endorsements before work commences under this AGREEMENT and to maintain such policies, certificates and/or endorsements in full force and effect dudng the term of this AGREEMENT. 13. INDEPENDENT CONTRACTOR RELATIONSHIP This AGREEMENT shall in no way be construed to constitute HUMANE SOCIETY as the partner, legal representative, or employee of CITY UNIT for any purpose whatsoever, or as the agent of CITY UNIT, except for the limited purpose of providing Animal Services in accordance with this AGREEMENT and code enforcement in accordance with city ordinances, and neither party shall act or attempt to act or represent itself directly or by implication as having any such status or relationship. The parties shall have the relationship of independent contractors, and except as specifically provided in this AGREEMENT, each party shall be solely responsible for all obligations and liabilities pertaining 13 ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. 17. OWNERSHIP OF MATERIALS All reports, documents or other materials provided to the CITY UNIT by the HUMANE SOCIETY shall upon delivery thereof become the property of the CITY UNIT, without restriction or limitation upon their subsequent use; provided, however, that data base software programs or other data organization methods used by the HUMANE SOCIETY in preparing the repo~ document, or other material provided to the CITY UNIT by the HUMANE SOCIETY shall remain the exclusive property of the HUMANE SOCIETY, without restriction or limitations upon their use. 18. GIFTS a) The HUMANE SOCIETY knows that each city of the CITY UNIT has prohibitions against the acceptance of gifts by a CITY UNIT officer or designated employee. b) The HUMANE SOCIETY agrees not to offer any CITY UNIT officer or designated employee gifts prohibited by the Code of Ethics or Municipal Code of each city of the CITY UNIT. c) The offer or giving of any gift prohibited by a Code of Ethics or a Municipal Code shall constitute a matedal breach of the AGREEMENT by the HUMANE SOCIETY. In addition to any other remedies the CITY UNIT may have in law or equity, the CITY UNIT may terminate this AGREEMENT for such breach as provided in Section 10 of this AGREEMENT. 19. VENUE In the event that suit shall be brought by any party to this AGREEMENT against another party, the parties agree that the venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, exclusively in the United States District Court, Northern District of Califomia, San Jose, Califomia. 15 f) Califomia Law. This AGREEMENT shall be governed by and construed and enforced in accordance with the laws of the State of California. g) Counterpart Execution. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same document. h) Amendments. The parties agree, upon request of the CITY UNIT, that this AGREEMENT is subject to amendment if any member of the CITY UNIT, with ninety (90) days notice to other members, files a Letter of Intent to withdraw because of budgetary reasons. 17 APPROVED AS TO FORM: CITY OF MONTE SERENO City Attorney ATTEST: City Manager Address: 18041 Saretoga/LOs Gatos Rd. Monte Sereno, CA 95031 APPROVED AS TO FORM: CITY OF SARATOGA City Attomey ATTEST: City Manager Address: 13777 Fruitvale Avenue Saratoga, CA 95070 HUMANE SOCIETY HUMANE SOCIETY of SANTA CLARA VALLEY, A NON-PROFIT PUBLIC BENEFIT CORPORATION By Executive Director Address: 2530 Lafayette ~t Santa Clare, CA 95050 19