4.3 Vehicle Liability. COUNTY agrees to maintain automobile liability insurance for vehicles provided by the COUNTY for use under this Agreement. This coverage shall have a limit of liability of not less than $1,000,000 combined single limit.
4.4 General Insurance Provisions - All Lines.
4.4.1 Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have a AM BEST rating of not less than A: VIII (A:8).
4.4.2 The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance.
5. TERMINATION. CITY and COUNTY reserves the right to terminate this Agreement at any time, with or without cause, upon one hundred eighty (180) days advance written notice stating the effective date of termination. Upon receipt of any notice of termination, the parties shall immediately cease all services hereunder except such as may be specifically approved in writing by CITY and COUNTY. COUNTY shall be entitled to compensation for all services rendered prior to termination and for any services authorized in writing by CITY thereafter.
6. FORCE MAJEURE.
6.1 In the event the COUNTY is unable to comply with any provision of this Agreement due to causes beyond their control such as acts of God, acts of war, civil disorders, or other similar acts, COUNTY will not be held liable to CITY for such failure to comply.
6.2 In the event CITY is unable to comply with any provisions of this Agreement due to causes beyond their control such as acts of God, acts of war, civil disorders, or other similar acts, CITY will not be held liable to COUNTY for such failure
to comply.
7. ALTERATION. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, as authorized by their respective governing bodies and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties thereto.
8. SEVERABILITY. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
9. RECORDS. COUNTY shall maintain and keep records of all expenditures and obligations incurred pursuant to this Agreement and all income and fees received thereby according to generally recognized accounting principles. Such records and/or animal control operations of COUNTY shall be open to inspection and audit by CITY or its authorized representative as is deemed necessary by the CITY Manager or the authorized representative of the CITY Manager upon reasonable notice to COUNTY.
10. NO THIRD PARTY BENEFICIARY. This Agreement between CITY and COUNTY is intended for the mutual benefit of the two signing parties only. No rights are created under this Agreement in favor of any third party or any party who is not a direct signatory to this Agreement.
11. VENUE. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Madera, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement to recover any damages for and on account of the
breach of any terms or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof including reasonable attorneys' fees to be set by the court in such action.
12. ASSIGNMENT. It is mutually understood and agreed that this Agreement shall be binding upon COUNTY and its successors. Neither this Agreement nor any part thereof nor any moneys due or to become due hereunder may be assigned by COUNTY without the prior written consent and approval of CITY. CITY and COUNTY hereby agree to the full performance of the covenants contained herein.
13. AMENDMENTS. Any amendments, including any supplements, to this Agreement shall be in writing and shall have the approval of the Board of Supervisors of COUNTY and the CITY Council. This is the entire Agreement for Animal Control Services and supersedes any prior written or oral agreement inconsistent herewith.
14. NOTICES. All notices required by this Agreement shall be in writing and shall be effective upon personal service or deposit in the mail, postage prepaid and addressed as follows:
COUNTY
Eric Fleming
Chief Administrative Officer
County of Madera
200 W. 4th Street
Madera, CA 93637
With Copy to
Rhonda Cargill, Clerk of the Board
Madera County Board of Supervisors
200 West 4th Street
Madera, CA 93637
CITY
City of Madera
City Manager
205 W 4th Street
Madera, CA 93637
15. MUTUAL INDEMNITY - LIMITATIONS. Each of the parties to this Agreement shall be solely liable for negligent or wrongful acts or omissions of its officers, agents, and employees occurring in the performance hereof, and if either party becomes liable for any loss or damages as a res.ult of the acts or omissions of its officers, agents, and employees, it shall pay such loss or damages without contribution of the other party. Each party hereto agrees to hold harmless, indemnify, and defend (at the request of the other party) the other party, its officers, agents, and employees from any and all costs, expenses, claims, suits, losses, damages, and any other liability for bodily or personal injury to, or, death of, any person or loss_ of any property resulting from, arising out of, or in any way connected with, any negligent or wrongful acts or omissions of the respective party, its officers, agents or employees, in performing or failing to perform any work, services, or functions provided for, referred to, or in any way connected with any work, services, or functions under this Agreement.
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IN WITNESS WHEREOF the foregoing Agreement is executed on the date and year first above-written.
COUNTY OF MADERA CITY OF MADERA
By: __________ _
Chairman, Board of Supervisors Signature
Print Name
Title: ------------
ATTEST: ATTEST:
Clerk, Board of Supervisors City Clerk
Approved as to Legal Form: Approved as to Legal Form:
COUNTY COUNSEL CITY ATTORNEY
By: ____________ _ By: ____________ _
ACCOUNT NUMBER(S)
J :\wdocs\012461016\AGT\00588679 .DOC
1. Impounds
2. Intakes/Quarantines
3. Boarding
4. Adoptions
5. Euthanasia
6. Returns to Owners
7. Rescues
8. 11-44 Disposed
EXHIBIT "A"
ANIMAL CONTROL SERVICES
9. Licenses/Microchipping
10. Owner Relinquishes
11. Spay/Neuter Services
EXHIBIT "B"
PAYMENT PROVISIONS
1. Beginning July 1, 2018, annual payment: $150,000.00, payable to the County in 12 equal monthly installments.*
2. Beginning on July 1, 2021 , and at the beginning of every fiscal year thereafter, the annual payment to the County will be subject to an annual 5% COLA increase.*
3. For fiscal year ending June 30, 2018: $50,250.00, shall be paid to the County before August 30, 2018.*
* The County shall not be required to submit invoices for the payments described herein.
Attachment 3: Resolution No. 18-159
RESOLUTION 18-159
RESOLUTION OF THE MADERA CITY COUNCIL APPROVING A CONTRACT
WITH THE COUNTY OF MADERA IN WHICH THE COUNTY WOULD PROVIDE
ANIMAL CO TROL SERVICES TO THE CITY AND THE CITY WOULD PROVIDE
LAW ENFORCEMENT SERVICES TO THE COUNTY AND AUTHORIZES THE
MAYOR TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY
WHEREAS, the City of Madera is seeking to contract with the Madera County Animal Shelter to provide animal control services and the County is seeking to receive law enforcement services from the City for Courthouse Park.
WHEREAS, the contract will be for a period of 3-years and will coincide with the term of the 3- year "Tax Sharing Agreement" with the County that was executed on June 6, 2017.
WHEREAS, the City will pay the County $150,000 a year commencing July 1, 2018, this will be the cost until July 1, 2021 at which point, every fiscal year thereafter, the annual payment to the County will be subject to an annual 5% COLA.
WHEREAS, the City will assume responsibility for providing law enforcement services at Courthouse Park and the parties agree that the value of those services are valued at $60,000.
WHEREAS, the City agrees to pay the County $50,250 for services rendered prior to June 30, 2018 and this amount shall be paid prior to August 30, 2018.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY Res. No . lA-159
finds, orders and resolves as follows:
1. The above recitals are true and correct.
2. The contract between the City of Madera and the County of Madera, a copy of which will be on file in the office of the City Clerk and referred to for particulars, is approved.
3. The Mayor is authorized to execute the contract on behalf of the City of Madera.
4. The resolution is effective immediately.
*****
Res. No. 18-159
PASSED AND ADOPTED by the City Council of the City of Madera this 15th day of August, 2018 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
Mayor Medellin, Council Members Rodriguez, Foley Gallegos, Oliver, Robinson, Rigby, Holley.
None.
None.
None.
SONIA
~~ ALVAREZ, City cdrk
APPROVED AS TO LEGAL FORM:
BRENT RICHARDSON, City Attorney
\
Attachment 4: Existing Agreement between the City of Madera and County of Madera
MADERA COUNTY CONTRACT NO. // ;l3 / -17
(Animal Control Services Provided by the County of Madera and Law Enforcement Services Provided by the City of Madera) THIS AGREEMENT is made and entered into this day of
~A~"~l~w_lf._'£.~7...._ __ , 2018. by and between the COUNTY OF MADERA, a political subdivision of the State of California (hereinafter referred to as "COUNTY"), and the CITY OF MADERA, (hereinafter referred to as "CITY").
WITNESSETH
WHEREAS, the CITY is desirous of contracting with the COUNTY to provide a broad range of animal control services pursuant to this Agreement for the purpose of promoting the humane treatment of animals and to provide for the health and safety of the public; and
WHEREAS. the CITY wishes to comply with state mandates regarding animal control; and
WHEREAS, COUNTY has the personnel and experience to provide such animal control services and is willing to enter into an Agreement with CITY for the provision of such services subject to the terms and conditions and for the compensation as hereinafter set forth; and
WHEREAS, COUNTY is desirous of securing certain law enforcement services from CITY.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter contained. the Parties hereto mutually agree as follows:
1. COUNTY OBLIGATIONS. COUNTY shall provide all services as outlined on Exhibit "A" attached hereto and by this_ reference incorporated herein.