The URL can be used to link to this page

Home My WebLink AboutRegents of the University of CA, The - Davis Campus School of Veterinary Medicine Shelter Services Agreement #UCD1193850 - 10-5-23 DocuSign Envelope ID:6AC1A66A-1C8B-489F-BA3D-F1640B279159 `� DocuSign Envelope ID:C6572E68-13919-446C-6042-31`1 F82F34549 UC Davis Agreement 9 UCD1'193850 SHELTER SERVICES AGREEMENT (City of Fresno) 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 FRESNO ("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 report(s) 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$350,400 upon invoice from Shelter and final signature of this Agreement. Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e-mail address E3mbCifrr.)ucdavis.edu. 3. Term. Services shall be rendered from September 15,2023 through September 14, 2024. 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 are caused by or result from the neolipent or intentional acts or omissiuns ofthe indemnifying party. its officers, agents. students. or employees. UCU U UCD1193850 1 oN DocuSign Envelope ID:6AC1A66A-1C8B-489F-BA3D-F1640B279159 DocuSign Envelope ID:C6572E68-6919-446C-B042-3F1F82F34549 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. Contract Compliance. As applicable, if this Agreement is funded wholly or in part with by a grant or contract from an agency of any state or federal government, Shelter shall comply with all terms and conditions applicable to recipients of such funds and their contractors. 12. 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) Alma Torres Business& Revenue Contracts Deputy City Manager University of California, Davis City of Fresno One Shields Ave. 2600 Fresno St, Davis, CA 95616 Fresno, CA 93721 E-mail: E-mail: alma.torres@fresno.gov UNIVERSITY(regarding project) Karol Tapias School of Veterinary Medicine University of California, Davis One Shields Ave. Davis, CA 95616 E-mail: ketanias(rr:ucdxv ix_edu l3. 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. 14. Governing Law. This Agreement shall be construed pursuant to California law. UCD#UCD1193850 Page 2of4 DocuSign Envelope ID:6AC1A66A-1C8B-489F-BA3D-F1640B279159 DocuSign Envelope ID:C6572E68-B919-446C-B042-3F1F82F34549 15. 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 11111). This agreement shall be subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program. 16. Audit Requirements. The Agreement, and any pertinent records involving activities related to the services provided pursuant to the terms and conditions of this Agreement, shall be subject to the examination and audit of the California State Auditor and any other duly authorized agents of the State of California for a period of three(3)years after the date of final payment hereunder. Shelter hereby agrees to make all such records available during normal business hours to inspection, audit and reproduction by University and any duly authorized local, state and/or federal agencies. Any and all examinations and audits conducted hereunder shall be strictly confined to those matters connected with the performance of this Agreement, including, without limitation,the costs associated with the administration of this Agreement. 17. Termination. University may terminate this Agreement at any time by giving Shelter thirty(30) calendar days' written notice of such action. if this Agreement is terminated, Shelter shall retain any funds expended or committed for the purposes of this Agreement and will return any unexpended funds. 18. 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 FRESNO THE REGENTS OF THE UNIVERSITY OF CALIFORNIA PoeuBlyned by: o9eanr,ipoeJ tr s1e.•.�Konavah f, n!1cnRer�lb4aTWc90•vlgvn1c 0r1MfNlen.Iv or Steven Kobayashi Cm;1,,, ,;,, By: By: 2023110,10 35 49-02'00 aS.i3G023d77ad:KJ (authorized signature) Georgeanne A. White Steven Kobayashi, Associate Director Print name: Business & Revenue Contracts UC Davis Title: City manager Date: 11/1/2023 Date: November 3, 2023 Approved as to form: 0" 5lgnen by' L ATTEST TODD STERMER, CMC n:.5r:8sC�lgDaa: °by �,.y�•u �• 1O/31/2023 UCD1193850 Cit UCD 4 ILu� 41Nr 1/18/2024 Senior Deputy City Attorney Pagc 3 of By: A 4UW'EAE3 - DocuSign Envelope ID:6AC1A66A-1C8B-489F-BA3D-F1640B279159 DocuSign Envelope ID:C6572E68-B919-446C-B042-3F1 F62F34549 Exhibit A Scope of Work l. Purpose of the work: The City of Fresno Animal Center will become a hub for their community, offering resources and assistance to help keep animals in their homes, reduce their community cat population, increase spay/neuter, and overall support the people and pets in their community that need it most. 2. Roles and responsibilities of each party: The City of Fresno Animal Center will become a hub of resources and support for their community. No university equipment will be used. 3. Dates and times will the work be completed: Work will be completed during the contract period of September 15, 2023 and September 14, 2024. 4. Location where work will be performed: 5277 E. Airways Blvd, Fresno, CA 93727 5. Required deliverables: One final report will be required upon completion of the program.Additional touch points during the grant will be discussed with project officer. 6. Project milestones: Program pilot to be completed by September 14, 2024. 7. Total cost of the services: Total of services not to exceed$350,400. No construction costs will be funded through this grant. a. Access to Care (sponsored veterinary services for city residents) $25,000 b. Community Cat (TNR) Partnerships (s/n, stipends, supplies for groups) $75,000 c. Free microchip program $20,000 d. Foster Program marketing and promotion and supplies $30,400 e. Public Spay&Neuter $200,000 Total expenses: $350,400 8. Payment schedule: Payment will be upon execution of the agreement. 9. Anticipated additional work: Additional work is not anticipated at this time. UCD 4 UCD1193850 4 of 4