DocuSign Envelope ID: 88B69F65-B558-4D79-8CD3-B9B3B44513E9 UC Davis Agreement #
SHELTER SERVICES AGREEMENT
(City of San Bernardino Department of Animal Services ) THIS SHELTER SERVICES AGREEMENT ("Agreement") is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ("University") on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program ("Facility") and CITY OF SAN BERNARDINO DEPARTMENT OF ANIMAL SERVICES ("Shelter") in connection with the California for All Animals statewide animal shelter assistance program ("Program").
The parties agree as follows:
1. Shelter Services. Shelter shall adhere to the scope of work described in "Exhibit A", attached hereto and by this reference made a part hereof (collectively the "Services"). University shall reimburse Shelter for costs ("Expenses") pursuant to Section 2 below and as outlined in Exhibit A. "Deliverables" shall consist of reports) and photographs, as applicable, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.
2. Payment by University. In consideration of Shelter's Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $20,000 to be disbursed upon final signature below.
Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e- mail address nmbei @ucdavis.edu.
3. Term. Services shall be rendered from July 1, 2022 through June 30, 2023.
4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.
5. Amendment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.
6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages UCD#
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DocuSign Envelope ID: 88B69F65-B558-4D79-8CD3-B9B3B44513E9 are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.
7. Insurance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers' compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.
8. Force Majeure. Neither party shall be liable for damages suffered by the other party because of University's or Shelter's failure to perform if failure is due to any cause beyond that party's control.
9. Relationship of the Parties. The parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.
10. Use of University's Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.
11. Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:
UNIVERSITY (regarding contracts) SHELTER (regarding contracts) Valerie A. Roque Kristine Watson
Business & Revenue Contracts Director
University of California, Davis City of San Bernardino Department of Animal Services
One Shields Ave. 333 Chandler Place
Davis, CA 95616 San Bernardino, CA 92401
E-mail: [email protected] E-mail: watson [email protected] UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.
Davis, CA 95616
E-mail: [email protected]
12. University's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement.
13. Governing Law. This Agreement shall be construed pursuant to California law.
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DocuSign Envelope ID: 88B69F65-B558-4D79-8CD3-B9B3B44513E9
14. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs (http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and Nonprocurement Programs (https://www.sam.gov/index.html/##11#1). This agreement shall be subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program.
15. Termination. University may terminate this Agreement at any time by giving Shelter thirty (30) calendar days' written notice of such action.
16. Entire Agreement. This Agreement constitutes the entire understanding of the parties respecting the subject matter hereof and supersedes any prior understanding or agreement between them, written or oral, regarding the same subject matter.
AGREED:
CITY OF SAN BERNARDINO THE REGENTS OF THE
DEPARTMENT OF ANIMAL SERVICES
UNIVERSITY OF CALIFORNIA
Robert D. Field Steven Kobayashi
By: By:
(authorized signature)
Print name: Robert D. Field
UC Davis
Title: City Manager
Date: 9/6/2022 Date: 9/21/2022
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DocuSign Envelope ID: 88B69F65-B558-4D79-8CD3-B9B3B44513E9 Exhibit A
Scope of Work
1. Purpose of the work: City of San Bernardino Department of Animal Services will increase the number of pets returned to owners by providing microchips and supplies to help unify pets with their owners. This program will also offer supplies, such as fencing repair, to help keep pets with their owners. This program will impact at least 625 dogs.
2. Roles and responsibilities of each party: City of San Bernardino Department of Animal Services will help pet owners evaluate and repair their fences, will purchase microchips and scanners for use in the field, and will advertise lost pets in the field using bilingual flyers and yard signs. City of San Bernardino Department of Animal Services will also boost awareness of shelter services by utilizing both digital and print billboards and by increasing the number of community meetings and press releases held throughout the year. No University equipment will be used.
3. Dates and times will the work be completed: Work will be completed during the contract period of July 1, 2022 through June 30, 2023.
4. Location where work will be performed: 333 Chandler Place, San Bernardino, CA 92401
5. Required deliverables: Reports will be requested twice throughout the grant period, one halfway through and one upon completion. Those grant report request will come from the CA Animal Welfare Funders Collaborative directly, not from UC Davis.
6. Project milestones: Program pilot to be completed by June 30, 2023.
7. Total cost of the services: Total of services not to exceed $20,000.
8. Payment schedule: Payment will be upon execution of the agreement.
9. Anticipated additional work: Additional work is not anticipated at this time.
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