Fortuna Police Department Casey J. Day – Chief of Police (707) 725-7550 (707)725-7574 (Fax) 621 11th Street - Fortuna, California 95540 www.FriendlyFortuna.com “Working Together, We can make a Difference”
CITY OF FORTUNA
AGREEMENT WITH MIRANDA'S RESCUE MISSION FOR ANIMAL CARE SERVICES
WITNESSETH
WHEREAS, CITY desires to provide and maintain shelter for the secure and humane impoundment and disposition of animals pursuant to California State law and local ordinances; and WHEREAS, MIRANDA's is organized for the purpose of providing shelter and care for stray, abandoned, abused, or otherwise neglected animals; seeking specially the importance of spaying and neutering; and WHEREAS, MIRANDA's represents itself as willing and able to provide the services required by CITY to carry out the provisions of the aforesaid statutes and said City Code, including but not limited to the collection of city and state fees and fines in regards to animal redemption, operating during appropriate hours for owner redemption and adoption as allowed by law, and maintaining appropriate holding periods for all animals.
For the purposes of this agreement, the definition of "domestic animal" or "animal" includes any dog, cat, rabbit, guinea pig, hamster, pig, bird, lizard, snake, turtle, or tortoise or any other domesticated animal, and does include livestock such as goats, cows and horses.
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and provisions herein contained, it is expressly agreed and understood as follows:
1. TERM AND RENEWAL
This agreement shall take effect on July 1, 2023 and it shall remain in full force and effect through June 30, 2026. Prior to the expiration of this agreement, both parties agree to meet and review the agreement. The contract may be renewed for three-year periods upon mutual written consent of both parties. Previous contracts are null and void upon the signing of this contract.
2. TERMINATION
Each party hereto reserves the right to cancel this agreement upon thirty days written notice for any reason any time.
3. PAYMENT AND SERVICES
The City will compensate Miranda’s Rescue $800 per month for all labor, materials and equipment necessary for the secure and humane impoundment and disposition of stray, abandoned, abused or neglected animals.
4. ASSIGNED REPRESENTATIVE
CITY assigns the CSO Supervisor or their designee as its designated representative(s) to personally participate, and act on behalf of the CITY, in activities related to this agreement. MIRANDA'S assigns Shannon Miranda as its designated representative(s) to personally participate, and act on behalf of MIRANDA'S, in activities related to this agreement.
Fortuna Police Department Casey J. Day – Chief of Police (707) 725-7550 (707)725-7574 (Fax) 621 11th Street - Fortuna, California 95540 www.FriendlyFortuna.com “Working Together, We can make a Difference”
5. RATE ADJUSTMENTS
Any request for a rate increase or decrease shall be presented in writing by either party for consideration. Rate increases shall occur only upon written agreement of both parties.
6. SPACE AVAILABILITY
MIRANDA'S will ensure that there is adequate room available for animals under this contract at all times. No CITY animal delivered in accordance with this agreement shall be denied sanctuary or otherwise turned away unless mutually determined to be unadoptable during the life of this agreement. Animals shall be delivered to MIRANDA'S by the CITY within 5 days of acquiring spay/neuter procedures or rabies vaccination.
7. EXCLUSIVITY
It is understood and agreed that MIRANDA'S or the CITY may enter into independent agreements with any other public agencies or others, but such agreements shall not in any manner invalidate or interfere with this agreement.
Furthermore, there shall be no deductions under this agreement by reason of any sums received by MIRANDA'S for functions and services rendered under any other such agreement.
8. ANIMAL SANCTUARY
A. Each dog or cat transported by the CITY to MIRANDA'S is to be spayed/neutered and current on their rabies vaccination prior to being delivered.
B. Animals injured and picked up for care or captured within the City limits by operators or employees of MIRANDA'S after hours will require notification to dispatch who will create a documentation call for a CSO to follow-up on when next on duty. Financial responsibility will be determined by CITY policy and CSO review of the situation. If CSO and MIRANDA’s do not agree, then CSO Supervisor will review and make determination.
C. Any unclaimed animal that arrives at the Fortuna Police Department holding facility that demonstrates behavior that may deem the animal unadoptable will be temperament tested by Shannon Miranda and a Fortuna Police Department Community Service Officer. If the animal is determined to be unadoptable by the joint review of the animal's behavior, euthanasia will be at the expense of the Fortuna Police Department. Once accepted by MIRANDA'S ; if the animal is deemed to be unadoptable or in need of further care, that is the sole responsibility MIRANDA'S.
D. MIRANDA'S will maintain and operate an animal sanctuary in a secure and sanitary manner adequate for the confinement, treatment and placement of all domestic animals which may be delivered to it from the CITY, as hereinafter provided, and will furnish all supervision, labor, animal food, tools, supplies, and other things necessary for satisfactory performance of the services herein agreed to be provided. This property may be used by MIRANDA'S for all other uses authorized to MIRANDA'S including contracts with other agencies.
E. MIRANDA'S will provide means to accept animals not in need of immediate veterinary care delivered to the animal sanctuary by CITY. In some cases, MIRANDA'S may pick up animals from the CITY'S animal holding facility.
Whenever possible, CITY shall notify MIRANDA'S prior to the transfer of an animal. MIRANDA'S open hours shall be in accordance with state law.
F. Once an animal has been spayed/neutered/Rabies vaccinated, and Miranda’s verbally agrees to take the animal, and it’s delivered either to a person or the kennel at Miranda’s the animal is deemed to be accepted at that point. CSO’s Fortuna Police Department Casey J. Day – Chief of Police (707) 725-7550 (707)725-7574 (Fax) 621 11th Street - Fortuna, California 95540 www.FriendlyFortuna.com “Working Together, We can make a Difference”
shall document these steps being taken and whom accepts the animal. The CITY shall bear no responsibility whatsoever for any animal which has been accepted by MIRANDA'S past the point it has been delivered.
G. For Owner Surrendered animals or animals caught/captured determined to be owned and with outstanding fees owed to the CITY, the CITY shall provide the name and phone number of the animal owner of record to MIRANDA’S at time animal is delivered to MIRANDA’S. The intent is to prevent the use of MIRANDA’s as a manner in which to bypass CITY fees buy animal owners.
H. MIRANDA'S will keep timely, complete and accurate records of the receipt and disposition of all animals delivered into its custody at the animal sanctuary. Such records shall be made available at MIRANDA'S premises for examination at all reasonable times by authorized representatives of the CITY. Such records shall be maintained for (7) seven years.
I. MIRANDA'S will maintain an isolated section of the shelter facility for the confinement, observation and care of any dog or cat suspected of rabies, or any dog or cat which has bitten or otherwise exposed any person, and shall accept, care for and dispose of any such animal delivered to the facility in accordance with instructions of the County Health Officer or their designee.
J. MIRANDA'S will report at once to the County Health Officer or their designees any animals suspected of rabies, or of having bitten or otherwise exposed any person, and shall cause to have removed and make available to the County Health Officer for laboratory examination the head of any animal which dies while under confinement for such reason. Pursuant to their responsibilities for rabies control, the County Health Officer and their authorized representatives shall be afforded access to the facility at all times for the examination of any or all animals impounded herein.
9. INSURANCE REQUIREMENTS
MIRANDA'S shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by MIRANDA'S, their agents, representatives, employees or contractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability coverage (occurrence form CG 0001)
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance.
Minimum Limits of Insurance
MIRANDA'S shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this agreement or general aggregate limit shall be twice the required occurrence limit.
Fortuna Police Department Casey J. Day – Chief of Police (707) 725-7550 (707)725-7574 (Fax) 621 11th Street - Fortuna, California 95540 www.FriendlyFortuna.com “Working Together, We can make a Difference”
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or the MIRANDA'S shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of the MIRANDA'S; and with respect to liability arising out of work or operations performed by or on behalf of the MIRANDA'S including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured or in any case where an agreement to indemnify the additional insured would be invalid under subsection b of Section 2782 of the Civil Code. General liability coverage can be provided in the form of an endorsement to the MIRANDA'S insurance, or as a separate owner's policy.
2. For any claims related to this agreement, the MIRANDA'S insurance coverage shall be primary insurance as respects the CITY, its officers, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the MIRANDA'S insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY.
Acceptability of Insurers
Insurance is to be placed with California-admitted insurers with a current A.M. Best's rating of no less than A:VII.
Verification of Coverage
MIRANDA'S shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be signed by an authorized representative of the issuing insurer. The endorsements shall be on forms provided by the CITY, or if provided on other than CITY'S forms, those endorsements or policies shall conform to the CITY'S requirements. All certificates and endorsements are to be received and approved by the CITY before the agreement commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
Subcontractors
MIRANDA'S shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein.
Forms
Fortuna Police Department Casey J. Day – Chief of Police (707) 725-7550 (707)725-7574 (Fax) 621 11th Street - Fortuna, California 95540 www.FriendlyFortuna.com “Working Together, We can make a Difference”
Acceptable insurance forms are available from the CITY upon request.
10. HOLD HARMLESS/INDEMNIFICATION
MIRANDA'S shall indemnify, defend and hold harmless CITY, and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of MIRANDA'S, any subcontractor, anyone directly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.
11. SOLICITATION BY MIRANDA'S
Nothing in this agreement is intended or shall be construed to prevent MIRANDA'S from soliciting or accepting donations from any person or organization toward defraying the cost of MIRANDA'S activities. No report of these moneys need to be made to CITY.
12. MIRANDA'S INDEPENDENT CONTRACTOR
Nothing in this agreement shall be deemed or construed to create or constitute a partnership or joint venture between the parties hereto. Further, MIRANDA'S is with respect to CITY and its officers an independent contractor and not an officer employee or agent of CITY or of any CITY officer or employee.
13. STATUS OF MIRANDA'S EMPLOYEES
It is understood by the parties that any and all employees, volunteers and others working for MIRANDA'S are not employees of the CITY and any and all liability associated with the activities of MIRANDA'S employees and volunteers, including Worker's Compensation, any other benefits are the sole responsibility of MIRANDA'S.
14. ASSIGNMENT
Neither party may assign this agreement nor its rights or duties under this agreement without the written consent of the other party.
15. NOTICES
In addition to all other notices provided for herein, CITY agrees that it shall give MIRANDA'S notice of any ordinances, resolution or regulation relating to any matters effecting MIRANDA'S performance and/or functions under the terms and conditions of this agreement.
All notices herein provided to be given or which may be given by either party to the other, shall be in writing and shall be deemed to have been given when deposited in the United States mail; first class and postage prepaid and addressed as follows:
TO CITY: TO MIRANDA’s
City of Fortuna Administration Miranda’s Animal Rescue
621 11th Street 1603 Sandy Prairie Rd
Fortuna, CA 95540 Fortuna, Ca. 95540
Fortuna Police Department Casey J. Day – Chief of Police (707) 725-7550 (707)725-7574 (Fax) 621 11th Street - Fortuna, California 95540 www.FriendlyFortuna.com “Working Together, We can make a Difference”
16. AMENDMENT
This agreement may be modified and amended at any time during its terms, or any extension(s) thereof, by written mutual agreement of the parties.
17. BINDING EFFECT
This agreement shall be binding upon, and insure to the benefits of, the parties, their successors, and permitted assigns.
18. COMPLIANCE WITH LAWS
A. MIRANDA'S agrees to comply with all applicable City, State and Federal ordinances, laws, requirements, restrictions and licensing provisions as the same now exist or as they may be modified or adopted in the future.
B. MIRANDA'S further agrees to comply with any applicable federal, state, or local licensing standards, any applicable accrediting standards, and any other applicable standards or criteria established locally or by the state or federal governments.
C. CITY agrees to reasonably comply with all local, state and federal laws and regulations pertaining to animal control. CITY further agrees to comply with any applicable standards or criteria established locally or by the state and federal governments.
D. This agreement shall be governed by and construed in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective and duly authorized agents of the day and year first shown above.
CITY OF FORTUNA MIRANDA’S ANIMAL RESCUE MISSION
____________________________________ ___________________________________ Signature/Title Signature/Title
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