HomeMy WebLinkAboutDogwood Animal Rescue Project MOU Regarding City of Fresno Animal Rescue Support Grant Program 3-5-24CMO-B Animal Ctr Grant MOU (02-2024)
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MEMORANDUM OF UNDERSTANDING
REGARDING CITY OF FRESNO ANIMAL RESCUE
SUPPORT GRANT PROGRAM
THIS MOU (Agreement) is entered into effect on _____________________, between the
CITY OF FRESNO, a California municipal corporation (City), and Dogwood Animal
Rescue Project, a California nonprofit organization (Agency).
RECITALS
WHEREAS, the City desires to provide funds to Agency for services that further
the City of Fresno Animal Center’s mission to increase live outcomes for animals by
reducing the euthanasia rate (Services); and
WHEREAS, Agency represents its desires to and is professionally and legally
capable of providing these services for City of Fresno residents and pets; and
WHEREAS, this Agreement will be administered for the City by its Animal Center
Director or their designee.
AGREEMENT
NOW, THEREFORE, the parties agree to the following terms:
1. Agency’s Services provided pursuant to this Agreement are limited to City
of Fresno residents and their pets. The Services shall include accepting animals from the
City of Fresno Animal Center, providing food, water, shelter, and humane treatment to
the animals in Agency’s care.
The Agreement shall be in full force and effect through June 30, 2024.
2. Agency’s sole compensation for performance of all Services shall be
required or rendered shall be reimbursement of eligible expenses not to exceed $2,500 .
a. Of this total, Agency may request that up to 50% of funding be
provided as a one-time upfront payment to enable work to begin. Agency may
exercise this option by submitting a request for upfront payment in writing to
AnimalCenterGrants@Fresno.gov. The remaining funding shall be distributed on
a reimbursement basis for eligible costs incurred. Receipts and invoices must be
submitted to AnimalCenterGrants@fresno.gov for reimbursement within 30 days
of purchase but no more than once per month.
b. The City shall reimburse Agency for eligible expenses. Eligible
expenses include animal supplies and operating costs including but not limited to
food, shelter, potty pads, medical supplies, blankets, spaying and neutering,
vaccines, medication, deworming, etc. All requests for reimbursement shall include
an itemized of each eligible expense and it’s cost.
c. Records of the Agency’s expenses pertaining to the Services shall
be kept on a generally recognized accounting basis and shall be available to the
City or its authorized representatives upon request during regular business hours
throughout the life of this Agreement and for a period of three years after final
payment or, if longer, for any period required by law. In addition, all books,
documents, papers, and records of the Agency pertaining to the Services shall be
DocuSign Envelope ID: A0F1701E-51C2-4124-93B4-4488ED1BE331
3/5/2024
CMO-B Animal Ctr Grant MOU (02-2024)
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available for the purpose of making audits, examinations, excerpts, and
transcriptions for the same period of time. If any litigation, claim, negotiations, audit
or other action is commenced before the expiration of said time period, all records
shall be retained and made available to the City until such action is resolved, or
until the end of said time period whichever shall later occur. If the Agency should
subcontract all or any portion of the services to be performed under this
Agreement, the Agency shall cause each subcontractor to also comply with the
requirements of this paragraph. This Section shall survive expiration or termination
of this Agreement.
d. In the furnishing of the Services provided for herein, the Agency is
acting solely as an independent contractor. Neither the Agency, nor any of its
officers, agents, or employees shall be deemed an officer, agent, employee, joint
venturer, partner or associate of the City for any purpose. The City shall have no
right to control or supervise or direct the manner or method by which the Agency
shall perform its work and functions. However, the City shall retain the right to
administer this Agreement so as to verify that the Agency is performing its
obligations in accordance with the terms and conditions thereof.
3. The Agreement shall terminate without any liability of the City to the Agency
upon seven calendar days prior written notice with or without cause by the City to Agency.
4. To the furthest extent allowed by law, Agency shall indemnify, hold
harmless and defend City and each of its officers, officials, employees, agents, and
volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including but not limited to personal injury, death
at any time and property damage), and from any and all claims, demands and actions in
law or equity (including reasonable attorney's fees, litigation expenses and cost to enforce
this Agreement) that arise out of, pertain to, or relate to the negligence, recklessness or
willful misconduct of Agency, its principals, officers, employees, agents or volunteers in
the performance of this Agreement.
If Agency should subcontract all or any portion of the services to be performed
under this Agreement, Agency shall require each subcontractor to indemnify, hold
harmless and defend City and each of its off icers, officials, employees, agents, and
volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
DocuSign Envelope ID: A0F1701E-51C2-4124-93B4-4488ED1BE331
CMO-B Animal Ctr Grant MOU (02-2024)
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IN WITNESS WHEREOF, the Parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By:
Georgeanne A. White,
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Date
Assistant/Sr. Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
Dogwood Animal Rescue Project,
A California nonprofit corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Addresses:
CITY:
City of Fresno
Attention: Alma Torres, Director
5277 E. Airways Blvd.
Fresno, CA 93727
Phone: 559-621-7387
E-mail: alma.torres@fresno.gov
Dogwood Animal Rescue Project
Attention: Pam Ingalls,
1415 Fulton Rd Ste 205
Santa Rosa, CA 95403
Phone: 707-888-9196
E-mail: rufhewn@sonic.net
DocuSign Envelope ID: A0F1701E-51C2-4124-93B4-4488ED1BE331
President
Shirley Zindler
Charlotte Pearce
Treasurer
3/4/2024
3/5/2024