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ANIMAL CARE AND ANIMAL CONTROL SERVICES AGREEMENT
BETWEEN THE CITY OF CHULA VISTA
AND CITY OF LEMON GROVE
This agreement (“Agreement”) between the City of Chula Vista (“City”), a California charter city and municipal corporation, and the City of Lemon Grove (“Lemon Grove”), a municipal corporation, is effective on July 1, 2026 (“Effective Date”). The City and Lemon Grove may be referred to herein individually as a “Party” or collectively as the “Parties.”
RECITALS
WHEREAS, the City owns and operates an animal care facility located at 130 Beyer Way in the City of Chula Vista (“Facility”) that provides comprehensive animal care and animal control services to City residents and jurisdictions with whom it contracts; and
WHEREAS, Lemon Grove desires to enter into an agreement with the City, whereby the City will provide animal care and animal control services, including but not limited to impounding, adoption, redemption, the care and disposition of dogs, cats, and other small animals , and related administrative services (“Services”); and
WHEREAS, the City is authorized to enter contracts with other agencies to provide Services.
NOW, THEREFORE , in consideration of mutual promises and other good and valuable consideration, the Parties agree as follows:
AGREEMENT
1. TERM. This Agreement will commence on the Effective Date and will remain in effect for a period of one (1) year (“Initial Term”), unless sooner terminated pursuant to this Agreement.
1.1. Options to Extend. Following the Initial Term, the Parties may extend this Agreement up to four (4) additional one (1) year terms (each, an “Extension Term”) by mutual written agreement. The Initial Term and any Ext ension Term will collectively be referred to herein as the “Term.”
1.2. Extension Request. To extend the Agreement Term, Lemon Grove must submit a written request to the City at least sixty (60) calendar days prior to the expiration of the current Term.
1.2.1. City Discretion. The City will have sole discretion to approve or deny any request to extend the Agreement Term.
2. SCOPE OF SERVICES . The City will provide Services to the residents of Lemon Grove as described herein.
2.1. Field Services. The City will provide the following field services.
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2.1.1. Officer. The City will provide animal control services to Lemon Grove through a uniformed Animal Control Officer (“Officer”). The City retains full authority over the direction, supervision, and delivery of such services, and the Officer will act at all times under the City’s control. Lemon Grove may request priority responses, and the City will make reasonable efforts to accommodate such requests.
2.1.1.1. Hours. The City schedules patrol services in Lemon Grove four (4) days per week, Monday through Thursday, from 9:00 a.m. to 5:30 p.m., for up to 32 hours per week. The City may modify this schedule at any time, in its discretion, based on staffing, operational needs, emergencies, or other priorities. This schedule does not establish a guaranteed level of service or minimum number of hours.
2.1.1.2. Extra Hours. If mutually agreed upon, Lemon Grove may extend the City’s patrol days to five (5) days per week, Monday through Friday, or Tuesday through Saturday, between the hours of 9:00 a.m. and 5:30 p.m., for no more than 40 hours per week. Lemon Grove will request extra hours by notifying the City in writing at least thirty (30) calendar days before the extended patrol schedule would take effect . The Parties will memorialize the extra hours in writing and Lemon Grove will reimburse the City for associated staffing costs.
2.1.1.3. Overtime Hours. The City will endeavor to respond to reported emergencies occurring before or after the patrol hours identified in Section
2.1.1.1 above. Lemon Grove will reimburse the City for all costs associated with emergency responses as set forth in Section 4.
2.1.2. Type of Services. Except as provided in Section 3 , field services will include emergency transportation of injured or sick animals, issu ing citations for violations of state and local laws and ordinances, impounding stray animals, investigating biting incidents, investigating complaints regarding vicious or dangerous animals, trapping animals, investigating abuse and animal noise complaints, removing dead animals, and educating the public regarding responsible pet ownership.
2.1.3. Responses to Requests for Service. The City will respond to requests for Services in accordance wit h the Priority Response Chart and Priority Response Guidelines below.
2.1.3.1. Priority Response Chart.
Type of Service In Progress Not in Progress
Dangerous Animal Threatening Human 1 3
Possible Rabid/Biter Animal at Large 1 3
Major Injury to Animal 1 3
Cruelty to Animal 1 3
Animal Inside Vehicle 1 3
Fighting Animals 1 3
Dog Harassing Livestock 1 3
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Sick or Minor Injury to Animal 2 3
Animal Welfare Investigation 2 3
Quarantine Biter Animal 3 N/A
Confined Stay Animal 3 N/A
Field Relinquished Animal 3 N/A
Dog Running at Large 3* 4*
Wildlife N/A N/A
2.1.3.2. Priority Level and Response Guidelines.
Level 1 First Priority: Officer will respond as soon as possible Level 2
Second Priority: Officer will attempt to respond within 12 hours of request
Level 3 Third Priority: Officer will attempt to respond within 24 hours of request
Level 4 Fourth Priority: Officer will attempt to respond within 72 hours of request
*An Officer will respond as soon as possible during normal business hours.
2.1.4. Additional Field Services. The City will provide the following additional field services as requested.
2.1.4.1. Special Enforcement. The City will conduct special enforcement animal control patrols as requested by Lemon Grove if there are no conflicts with the City's needs. This will include special animal control patrol hours, sweeps, and enforcement. Lemon Grove will p ay a ll overtime costs for special enforcement patrols as set forth by Section 4.1.3 below.
2.1.4.2. Special Events. The City will provide Officers for scheduled special events as requested by Lemon Grove if there are no conflicts with the City's needs.
Lemon Grove will reimburse the City as set forth by Section 4.1.3.
2.1.5. Livestock. The City will use a contractor of its choice to remove livestock and bill Lemon Grove for costs associated with the removal, including trailering, board, and other related fees.
2.2. Shelter Services. The City will provide shelter services to the residents of Lemon Grove as described below:
2.2.1. Shelter Location. Shelter services will be provided at the Facility.
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2.2.2. Hours of Operation.
2.2.2.1. The Facility is open to the public between 10:00 a.m. and 5:00 p.m. Tuesday through Friday and 10:00 a.m. to 4:00 p.m. on Saturday.
2.2.2.2. The Facility is closed daily for lunch between 12:00 p.m. and 1:00 p.m. and on Sunday, Monday, and all major holidays.
2.2.2.3. Changes in Hours of Operation. The City will notify Lemon Grove of changes to Facility hours of operation in advance of such changes.
2.2.3. Types of Services.
2.2.3.1. Stray Animals. For purposes of this Agreement, “Stray Animal” means an animal that is “at large” as defined in Chula Vista Municipal Code section
6.01.010, as may be amended from time to time. The City will accept Stray Animals at no charge to Lemon Grove residents. (CVMC § 6.01.010.)
2.2.3.2. Relinquishing Animals. Lemon Grove residents may relinquish owned animals to the Facility for euthanasia if medically or behaviorally appropriate, or adoption, subject to available capacity and City policies. The City will charge a fee for these Services.
2.2.3.3. Redeeming Animals. Lemon Grove residents may redeem animals from the Facility. The City will charge a fee for these services.
2.2.3.4. Holding.
2.2.3.4.1. The City agrees to hold all dogs and cats for the minimum holding period required by the California Food and Agricultural Code and other applicable laws. Animals with communicable diseases or severe injury or illness may be euthanized prior to expiration of the holding period.
2.2.3.4.2. The City will provide veterinary care as needed during the holding period and will make reasonable efforts to notify owners of identified animals and advise them of the applicable holding period.
2.2.3.4.3. Any animal that is not redeemed or otherwise reclaimed during the holding period will be deemed relinquished to the City for disposition in accordance with applicable laws, policies, and procedures, as determined by the City.
2.2.3.4.4. Upon payment of all applicable fees, the City will release an impounded animal to its legal owner. The City may waive fees under special circumstances.
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2.2.3.5. No Medical Research. The City will not sell or give any live animal to a medical research facility.
2.2.3.6. Spaying and Neutering. The City will ensure that all dogs, cats, and rabbits adopted from the Facility are spayed or neutered at the time of adoption.
Additionally, the Facility will provide the public with low -cost spay/neuter information and assistance when grants and donations are available.
2.2.3.7. Administrative Hearin gs. The City will conduct all impound and administrative hearings as required by law, including Lemon Grove’s Municipal Code. Lemon Grove will provide a hearing officer if the City is unable to do so. The per-hearing fee is listed in Section 4.1.9.
2.2.3.8. Maintenance of Facility. The City will maintain a safe and sanitary Facility. The City will use humane methods in the care, euthanasia, and disposition of animals coming under its jurisdiction.
2.3. Administrative Services. The City will provide the following administrative services:
2.3.1. Meetings. The City will provide a representative to attend any Lemon Grove meetings that involve animal control issues upon request and with reasonable notice.
2.3.2. Meet and Confer. A City representative will m eet and confer in good faith with Lemon Grove staff over operational issues associated with the administration of this Agreement.
2.3.3. Reports. The City will provide monthly reports to Lemon Grove describing t he number of impounds, redemptions, euthanizations, service responses, and adoptions.
2.3.4. Notification. The City will work with Lemon Grove to establish a n Officer notification policy that addresses the nature, circumstances, and status of the incident.
The City will also provide, if requested, copies of all supporting documents and information involving the incident. Lemon Grove will designate staff for notification purposes.
2.3.5. Testimony. When requested by Lemon Grove , the City will make its employees and/or other percipient witness es under its control, availa ble to testify in a court of law, administrative hearing, or other proceeding, at no additional cost for any legal or administrative proceeding arising out of the Services . This duty will survive the termination of this Agreement.
3. EXCLUDED SERVICES. The following services are not considered Field Services and are not covered under this Agreement.
3.1. Indigenous Animals. The City will not trap skunks, opossums , or other indigenous small animals for the purpose of nuisance control. The City will only handle wildlife for purposes of public safety or for humane reasons. The City will provide and monitor cat traps.
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3.2. Snakes. Only dangerous snakes will be removed from private property.
3.3. Dead Animals. Property owners are responsible for dead animals on private property.
3.4. Sick or Injured Animals. Sick or injured animals are the responsibility of the animal owner.
3.5. Licensing.
3.5.1. Lemon Grove acknowledges and agrees that the City may administer animal licensing services and related animal reco rds through DocuPet, or any successor third -party licensing vendor designated by the City, in connection with the Services provided under this Agreement.
3.5.2. Lemon Grove shall cooperate with the City’s licensing program requirements and use of DocuPet in con nection with the Services provided under this Agreement. The manner and method of providing field services shall remain within the City’s operational discretion. Lemon Grove shall provide information requested by the City, to the extent legally permissible , to support licensing activities related to animals originating within Lemon Grove.
3.5.3. The City shall retain responsibility for administration and oversight of its DocuPet licensing platform and vendor relationship, including management of vendor-related matters and or licensing services associated with the Services provided under this Agreement.
3.5.4. License fee revenue attributable to animals licensed within Lemon Grove shall be retained by Lemon Grove. Any license fee revenue actually received or collected by the City in connection with Services under this Agreement shall be remitted or credited to Lemon Grove in the manner established by the Parties.
4. LEMON GROVE OBLIGATIONS.
4.1. Payment. Lemon Grove will pay the City the following in the amount and manner set forth herein.
4.1.1. Monthly Payments. Commencing on the Effective Date, Lemon Grove will pay the City $28,740 per month for Fiscal Year 2026-27 (July 1, 2026 through June 30, 2027).
4.1.1.1. This amount include s an animal control truck rental charge of $20,455 annually, payable as part of the monthly payment in the amount of $1,704.58 per month. Th is truck rental charge was calculated to include estimated vehicle-related costs, including maintenance and fuel, and an estimated 4.9 percent inflation adjustment.
4.1.1.2. The City will retain ownership, possession, operation, control, maintenance responsibility, and scheduling authority over the truck, and the truck will be used by City personnel or authorized City contractors in connection with the
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Services. Nothing in this Agreement shall be construed to create a separate vehicle lease granting Lemon Grove any possessory or operational rights with respect to the truck.
4.1.1.3. Unless otherwise agreed in writing, Lemon Grove will not be separately invoiced for the truck rental charge during Fiscal Year 2026-27 because that charge is included in the monthly payment described in this Section.
4.1.1.4. This Agreement supersedes any prior letter agreement, lease, amendment, extension, or oth er arrangement between the Parties regarding Lemon Grove’s rental of a vehicle from the City for animal care or animal control services, including the Letter of Agreement - Lease entered into on or about May 13, 2022, except for any payment obligations tha t accrued before the Effective Date.
4.1.2. Invoices and Payment Date. The City will submit quarterly invoices to Lemon Grove on or before the 15th day of the month following the billing period. Payment is due within thirty (30) calendar days of the invoice date.
4.1.3. Overtime for Officers. The City will bill Lemon Grove for overtime costs incurred in responding to emergencies outside of regular patrol hours or for additional services described in Section 2.1.4. Overtime will be billed at the applicable overtime rate for a minimum of two (2) hours per response, plus a $60 call -back charge for each response.
4.1.4. Emergency Veterinary Services for Stray Animals.
4.1.4.1. Lemon Grove will be responsible for all costs incurred for necessary, reasonable, and non -elective veterinary care provided by third -party emergency veterinary hospitals or clinics for Stray Animals originating within Lemon Grove that are received by such facilities outside of the City’s normal operating hours and are subsequently transferred to the City’s custody, including services provided prior to transfer of custody to the City.
4.1.4.1.1. Covered costs may include, but are not limited to, examination, diagnostics, treatment, stabilization, boarding, and related veterinary services.
4.1.4.1.2. The City may, at its discretion, eit her (i) pay such costs directly and invoice Lemon Grove for reimbursement, or (ii) require Lemon Grove to pay the veterinary provider directly. Lemon Grove agrees to reimburse the City for any such costs within thirty (30) calendar days of invoice.
4.1.4.1.3. The City will make reasonable efforts to notify Lemon Grove of such incidents as soon as practicable; however, failure to provide such notice will not relieve Lemon Grove of its obligation to pay for such Services.
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4.1.4.1.4. This subsection applies only to Stray Animals, as defined in this Agreement, and does not apply to owned animals unless
otherwise agreed in writing by the Parties.
4.1.5. Redemption Fees. For purposes of this Agreement, the term “Redemption Fee” will mean any fee charged by the City for the return of an impounded animal to its legal owner, as set forth in the City Municipal Code and operating policies , as may be amended from time to time. Lemon Grove’s m onthly payment obligations may be reduced by any Redemption Fees the City collects under this Agreement.
4.1.6. Late Payments. The City will assess a penalty of five percent (5%) on late payments.
Additionally, a one and one half (1.5%) finance charge per month will be assessed on the original delinquent amount.
4.1.7. Pricing of Agreement Extensions. Pricing for each Extension Term following the Initial Term may be adjusted by the City based on operational costs, animal intake volume, staffing costs, and other relevant factors; provided, however, that any increase in the annual payment amount for an Extension Term will not exceed five percent (5%) over the annual payment amount in effect during the immediately preceding Term.
4.1.7.1. No later than April 30 of each year, the City will notify Lemon Grove of the proposed annual p ayment amount applicable to the upcoming Extension Term.
4.1.7.2. Any extension of the Agreement Term pursuant to Section 1 must be memorialized in writing and identify the annual payment amount applicable to the Extension Term.
4.1.8. Cat and Dog Spay/Neuter Clinics. The City will provide low cost spay/neuter clinics at no cost to Lemon Grove if the City receives grants/donations that cover the costs of these services. Lemon Grove will pay the City $1,500 per clinic for up to four clinics per year if grants/donations do not cover the expense.
4.1.9. Administrative Hearings. Lemon Grove will pay the City $500 per hearing if the City provides the hearing officer and $300 per hearing if Lemon Grove provides the hearing officer.
4.2. Support Services.
4.2.1. Provision of Data. Lemon Grove will provide the City with a current listing of all animal licenses issued, including permits or licenses for dogs, cats, dangerous dogs or animals, exotic animals, kennels, pet shops, ranches or farms, dog shows, obedience trials, and circuses.
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4.2.2. Notice of Scheduled Meetings. Lemon Grove will notify the City at least 72 hours in advance of any legislative or administrative hearing where animal-related issues are agendized and City employees will be required to appear.
4.2.3. Police Services. Lemon Grove will provide all police services necessary to carry out its duties including police backup upon request of an Officer.
4.2.4. Weapons. Lemon Grove will permit Officers to carry and use tasers and tranquilizer guns within the Lemon Grove city limits while on duty and in uniform.
5. FEES AND COSTS.
5.1. Fees Charged Lemon Grove Residents. Lemon Grove residents will be required to pay fees for certain City-provided animal care and control services.
5.1.1. Relinquishment and Redemption. Unless otherwise agreed upon, t he City will charge fees in accordance with its Master Fee Schedule.
5.2. Fee Updates. The City may update fees to account for increased costs. As new fees are adopted, such fees will replace those currently in effect.
6. INDEMNIFICATION.
6.1. Indemnity. Lemon Grove will defend, indemnify, protect , and hold harmless the City, its elected and appointed officials, officers, directors, employees, agents, and volunteers (“Indemnitee”), from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons in any manner arising out of, related to, or in connection this Agreement, including but not limited to, the destruction of any animal delivered to and accepted by the Facility. In addition, this indemnity provision covers all alleged acts, omissions, negligence, or willful misconduct of Lemon Grove, its officials, officers, directors, employees, agen ts, and volunteers (“Indemnitor”). This indemnity provision does not include any suits, damages, costs , or expenses (including without limitation, attorneys’ fees) arising from the sole negligence or willful misconduct of the Indemnitee.
6.2. Defense Obligatio ns. Included in the obligations in this Section 6 is the Indemnitor’s obligation to defend (with counsel reasonably approved by Indemnitee), at Indemnitor’s sole cost, expense, and risk, all aforesaid claims, suits, actions, or other legal proceedings of every kind that may be brought or instituted against the Indemnitee. Indemnitor will pay and satisfy any judgment, award or decree that may be rendered against Indemnitee, for all legal expense and cost incurred by each of them in connection therewith.
6.3. Insurance Proceeds. Indemnitor’s obligation to indemnify will not be restricted to insurance proceeds, if any, received by the Indemnitee, its directors, officials, officers, employees, agents, or volunteers.
6.4. Enforcement Costs. Indemnitor will pay all costs Indemnitee incurs enforcing the indemnity and defense provisions set forth in this Section 6.
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6.5. Survival. Indemnitor’s obligations under Section 6 will survive the termination of this Agreement.
7. FORCE MAJEURE.
7.1. Definition. An event of Force Majeure means an occurrence beyond the control and without the fault or negligence of a Party, including unusually severe weather, flood, earthquake, fire, lightning, and other natural catastrophes, acts of God or the public enemy, wa r, terrorist act, riot, insurrection, civil disturbance or disobedience, strike, labor dispute, road impediments, expropriation or confiscation of facilities, changes of applicable law, laws or orders related to pandemics, such as COVID-19, or sabotage of facilities, so long as such Party makes good faith and reasonable efforts to remedy the delays or failures in performance caused thereby.
7.2. Force Majeure.
7.2.1. The City will be excused from any delay or failure in performing its obligations under this Agreement to the extent such delay or failure is caused by an event of Force Majeure described in Section 7.1. Any delay or failure in performance resulting from an event of Force Majeure will be excused only for the duration of the event causing the delay or failure.
7.2.2. The City reserves the right, at its sole discretion, to temporarily suspend, change, and resume the type and frequency of services provided to comply with Federal, State, County and City laws or orders in response to an event of Force Majeure. Examples of changed or limited services include closing the Facility to the public or offering essential services by appointment only, such as identifying a lost pet, and suspending in-person services such as vaccinations, licensing, owner surrenders, microchipping, trap rental, and spay -neuter services. Resources and staffing allowing, the City will make reasonable efforts to inform the public of service changes through its webpage and social media platforms, and to provide services such as adoptions and licensing through its website or by email.
7.3. Notice. The City will give written notice to Lemon Grove as soon after becoming aware of the delay or failure in performance caused by an Event of Force Majeure as is reasonably possible, but in any event within five (5) working days after the City becomes aware of such delay or failure.
7.4. No Adjustments. No Event of Force Majeure will be a basis for monetary adjustment to amounts payable under this Agreement.
8. TERMINATION OF AGREEMENT.
8.1. Termination for Convenience. Either Party may terminate this Agreement at any time and for any reason by giving written notice of such termination and specifying the effective date thereof at least ninety (90) calendar days before the effective date of suc h termination. If Lemon Grove terminates the Agreement as provided herein, the City is entitled to receive
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just and equitable compensation for all services performed prior to the effective date of such termination.
8.2. Termination for Cause. If, through any cause, either party substantially fail s to fulfill in a timely and proper manner any obligation under this Agreement, or violate s any of its covenants, agreements, or conditions, the Party not in breach may terminate this Agreement by giving written notification of such termination and specifying the effective date thereof at least five (5) calendar days before termination. If the Agreement is terminated by Lemon Grove as provided for herein, the City is entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination.
9. NOTICE.
9.1. Method of Notification. All notices and demands will be given in writing by email, personal delivery or first -class mail, postage prepaid, addressed to th e Administrator, or his/her designee, designated below for the respective Party.
9.2. Designation and Contact Information. The following are hereby designated as Administrators for the purposes of this Agreement only:
9.2.1. City of Chula Vista
Deputy City Manager or designee
276 Fourth Avenue
Chula Vista, CA 91910
[Email Address]
9.2.2. City of Lemon Grove
City Manager or designee
3232 Main Street
Lemon Grove, CA 91945
[Email Address]
9.3. Changes. If the Administrator or address of either Party changes, notice of the chan ge will be sent to the other Party. After the receipt of the notice of change, all future notices or demands will be sent as required by the notice of change.
10. MISCELLANEOUS PROVISIONS.
10.1. Headings. All section and paragraph headings are for convenience only and will not affect the interpretation of this Agreement.
10.2. Gender & Number. Whenever the context requires, the use herein of (i) the neuter gender includes the masculine and the feminine genders and (ii) the singular num ber includes the plural number.
10.3. Reference to Paragraphs. Each reference in this Agreement to a section refers to a section in this Agreement unless otherwise stated.
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10.4. Incorporation of Recitals and Exhibits. All recitals herein and exhibits attached here to are incorporated into this Agreement and are made a part hereof.
10.5. Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on the part of the City or Lemon Grove will be deemed to be both covenants and conditions.
10.6. Integration. This Agreement and any exhibits or references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No amendment, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees will be valid unless agreed upon in writing by both Parties. All prior negotiations and agreements are merged into this Agreement.
10.7. Severability. In the event that any phrase, clause, paragraph, section or other portion of this Agreement will become illegal, null, or void, or against public policy, for any reason, or will be held by any court of competent jurisdiction to be illegal, null , or void, against public policy, or otherwise unenforceable, the remaining portions of this Agreement will not be affected and will remain in force and effect to the fullest extent permitted by law.
10.8. Drafting Ambiguities. The Parties are aware that they ha ve the right to be advised by counsel with respect to the negotiations, terms , and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of ea ch Party. This Agreement will not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
10.9. Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this Agreement and any exhibits, the main body of this Agreement will control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code controls. Varying degrees of stringency among the main body of this Agreement, the exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement will control. Each Party will notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
10.10. Compliance With Law. The Parties will, at their sole cost and expense, comply with all the requirements of municipal , state, and federal authorities now in effect or which may hereafter be in effect related to this Agreement.
10.11. Reserved.
10.12. Administrative Claims Requirements and Procedures. No suit or arbitration will be brought arising out of this Agreement against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as may be amended from time to time, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of
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same. Upon request by the City, Lemon Grove will meet and confer in good faith with the City for the purpose of resolving any dispute over the terms of this Agreement.
10.13. Attorneys’ Fees. In the event either Party institutes legal action arising out of or relating to this Agreement, in any forum, each Party will bear its own attorneys’ fees and costs, except as otherwise expressly provided in Section 6 regarding indemnification and defense obligations.
10.14. Governing Law and Venue. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any action arising und er or relating to this Agreement will be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
10.15. Municipal Powers. Nothing contained in this Agreement will be construed as a limitation upon the powers of the City as a chartered municipality of the State of California.
10.16. Assignment. Lemon Grove will not assign this Agreement or any right or privilege hereunder to any Party without the express w ritten consent of the City. Consent to an assignment by the City will not be deemed to be consent to any subsequent assignment. Any such assignment without such consent will be void.
10.17. No Waiver. No failure of either Party to insist upon the strict performance by the other Party of any covenant, term, or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, will constitute a waiver of any such breach of such covenant, term, or condition. No waiver of any default hereunder will be implied from any omission to take any action on account of such default. The consent or approval to or of any act requiring consent or approval will not be deemed to waive or render unnecessary future consent or approval for any subsequent similar acts. No waiver of any breach will affect or alter this Agreement, and each and every covenant, condition, and term hereof will continue in full force and effect to any existing or subsequent breach.
10.18. Additional Rights. No rights other than those specifically identified herein will be implied from this Agreement.
10.19. Cumulative Remedies. All rights, options, and remedies of the City contained in t his Agreement will be construed and held to be cumulative, and no one of them will be exclusive of the other, and the City will have the right to pursue any one or all of such remedies or to seek damages or specific performance in the event of any breach o f the terms hereof or to pursue any other remedy or relief which may be provided by law or equity, whether or not stated in this Agreement.
10.20. Independent Contractor. Unless otherwise stated in this Agreement, all persons employed in the performance of services and functions for Lemon Grove under this Agreement will be City employees, agents, or contractors thereof. No Lemon Grove employee will perform services or functions that the City is obligated to provide under this Agreement. All City employees who are employed by the City to perform the services pursuant to this Agreement will be entitled solely to the rights and privileges given to City employees and will not be
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entitled, as a result of providing services pursuant to this Agreement, to any additional rights and privileges given to Lemon Grove employees. Lemon Grove will not be liable for the direct payment of any salaries, wages, or the compensation to City personnel, agents, or contractors performing services pursuant to this Agreement, or any liabil ity other than that provided for in this Agreement. Unless specified otherwise, Lemon Grove will not be liable for compensation or indemnity to any City employee, agent, or contractor for injury or sickness or any other claims arising out of his or her employment. The City is an independent contractor, and no agency relationship, either expressed or implied, is created by the execution of this Agreement.
10.21. Good Faith. The Parties promise to use their best efforts to satisfy all conditions to this Agreement a nd to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. Both Parties agree to meet and confer in good faith with the City's Animal Care Facility Administrator regarding operational matters upon request.
10.22. Signing Authority. The representative for each Party signing on behalf of a governmental entity hereby declares that authority has been obtained to sign on behalf of the entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[Signature Page Follows]
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SIGNATURE PAGE TO
ANIMAL CARE AND ANIMAL CONTROL SERVICES AGREEMENT
CITY OF CHULA VISTA
Date:
Approved as to form:
Marco A. Verdugo Tiffany Allen
City of Chula Vista, City Attorney City of Chula Vista, City Manager
CITY OF LEMON GROVE
Date:
Approved as to form:
Kristen Steinke Tony Winney
City of Lemon Grove, City Attorney City of Lemon Grove, Interim City Manager
Attest:
________________________________
Joel Pablo
City of Lemon Grove, City Clerk