SECOND AMMENDMENT TO
ANIMAL SERVICES AGREEMENT
between
HUMANE SOCIETY SILICON VALLEY
a Non-Profit Public Benefit Corporation
and
City of Sunnyvale
a Municipal Corporation
SECOND AMMENDMENT TO
ANIMAL SERVICES AGREEMENT
This SECOND AMENDMENT to the ANIMAL SERVICES AGREEMENT is entered into as of the 1st day of July 2006 (the “EFFECTIVE DATE”) by Humane Society Silicon Valley, a California non-profit public benefit corporation (“HUMANE SOCIETY”), and the City of Sunnyvale, a municipal corporation (“CITY”), collectively referred to as Parties.
RECITALS
Whereas: HUMANE SOCIETY and CITY desire to extend the term of the ANIMAL SERVICES AGREEMENT and revise the payment amounts for services rendered, all effective as of the EFFECTIVE DATE of this SECOND AMMENDMENT and as set forth in and in accordance with the provisions of this SECOND AMMENDMENT.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and the HUMANE SOCIETY hereby agree as follows:
SECTION 1. TERM
Section 1 of the ANIMAL SERVICES AGREEMENT is hereby amended to read in its entirety as follows:
a) Term: The term of this shall be for a period from July 1, 2006, the EFFECTIVE DATE, through June 30, 2007, the Termination Date.
b) Extension: In the event that the term of this Agreement may need to be extended beyond the Termination Date. Not less than two (2) months prior to the Termination Date, the Parties shall meet in good faith to discuss any necessary extension of the Agreement on essentially the same terms and conditions except for the determination of any change that may be necessary to the Payment Amounts described in Section 7(c).
SECTION 2. PAYMENT PROVISIONS
A. Sections 8(a), 8(b) and 8(d) of the ANIMAL SERVICES AGREEMENT remain
unchanged.
B. Section 8(c) of the ANIMAL SERVICES AGREEMENT is hereby amended to read in its entirety as follows:
c) Payment Amounts:
For all Animal Services to be provided by and for the performance of all other obligations of the HUMANE SOCIETY to CITY under this, CITY agrees to pay HUMANE SOCIETY the following sums for the defined periods:
Cost Per Live Stray Animal
Fiscal Year (Domestic or Wild) Impound
· FY2007 7/1/06 – 6/30/07 $163
The cost for sheltering services will be derived based on the number of live animals impounded into the HUMANE SOCIETY. The “live animal” cost incorporates all administrative costs as well as the costs associated with medical and dead animal services. An animal count will be agreed to between the CITY and HUMANE SOCIETY at the beginning of each fiscal year. This agreed count will form the basis of the monthly billings throughout the year. The agreed count will be adjusted every six (6) months. Any overages will be separately billed to the CITY or any underages will be separately rebated back to the CITY, and the monthly billing amount for the next six (6) months adjusted if needed.
SECTION 3. EFFECTIVE PROVISIONS
Excepting only the amendments specifically set forth in this SECOND AMENDMENT, the terms and provisions of the ANIMAL SERVICES AGREEMENT shall remain in full force and effect.
SECTION 4. CONFLICTING PROVISIONS
In the event of a conflict between the terms and provisions of the ANIMAL SERVICES AGREEMENT and the terms and provisions of the SECOND AMENDMENT, the terms and provisions of this SECOND AMENDMENT shall govern and control as of the EFFECTIVE DATE of this SECOND AMENDMENT.
SECTION 9. TERMINATION OF AGREEMENT
A. Sections 9 (a) (i), (ii), (iii) and (b) of the ANIMAL SERVICES AGREEMENT remain unchanged.
- Sections 9 (a) (iv) and (v) of the ANIMAL SERVICES AGREEMENT is hereby amended to read in its entirety as follows:
(iv) Upon at least two (2) months prior written notice by CITY to HUMANE
SOCIETY of its desire to terminate this.
(v) Upon at least three (3) months prior written notice by HUMANE SOCIETY to CITY of its desire to terminate this.
IN WITNESS WHEREOF, the parties hereto have executed this SECOND AMENDMENT as of the EFFECTIVE Date set forth above.
CITY OF SUNNYVALE (“CITY”)
A MUNICIPAL CORPORATION
BY ______________________________
City Manager
ATTEST: APPROVED AS TO FORM
BY ____________________ BY _________________________
City Clerk City Attorney
Address:
P.O. Box 3707
Sunnyvale, CA 94088-3707
HUMANE SOCIETY SILICON VALLEY (“HUMANE SOCIETY”)
A NON-PROFIT PUBLIC BENEFIT CORPORATION
By _____________________________
President
Address:
2530 Lafayette Street
Santa Clara, CA 95050