HomeMy WebLinkAboutAgreement - County of Santa Clara - Amendment 1 Contract No. 24PD1307-1 - Animal Sheltering Services - Signed 2026-06-18First Amendment to Agreement
for Animal Sheltering Services Page 1 of 7
with City of Gilroy
FIRST AMENDENT TO AGREEMENT BETWEEN
THE COUNTY OF SANTA CLARA
AND
THE CITY OF GILROY
FOR ANIMAL SHELTERING SERVICES
The County of Santa Clara (“COUNTY”) and the City of Gilroy, a municipal corporation (“CITY”)
(together, “PARTIES”) enters into this First Amendment to the December 12, 2023 Agreement
Between the County of Santa Clara and the City of Gilroy for Animal Sheltering Services (“FIRST
AMENDMENT”) with and effective date of July 1, 2026.
RECITALS
WHEREAS, the PARTIES previously entered into the Agreement Between the County of Santa
Clara and the City of Gilroy for Animal Sheltering Services, with a term from July 1, 2023 to June
30, 2026, for the COUNTY to provide secure animal shelter services for domestic animals found
within the incorporated area of the CITY;
WHEREAS, the CITY desires to continue secure animal sheltering services from the COUNTY
for domestic animals found within the incorporated area of the CITY, and
WHEREAS, COUNTY has the necessary facilities, expertise and skill to perform those services
and COUNTY’s proposal can best meet CITY’s needs,
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
I. Section 1. AGREEMENT DOCUMENTS of the AGREEMENT is amended in full to read:
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between CITY and COUNTY, as amended,
shall consist of:
• This Agreement between the County of Santa Clara and the City of Gilroy for
Animal Sheltering Services, as amended;
• The First Amendment to the Agreement between the County of Santa Clara and
the City of Gilroy for Animal Sheltering Services;
• Exhibit A – Scope of Services, as amended; and
• Exhibit B – Compensation, as amended
If any discrepancies or inconsistencies between the provisions of this Agreement , as
amended, and any of the above-referenced Exhibits arise, the provisions of this
Agreement prevail.
The Agreement, as amended; the First Amendment; and the Exhibits set forth above
contain all the agreements, representations, and understandings of the PARTIES hereto,
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First Amendment to Agreement
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with City of Gilroy
and supersede and replace any previous understanding, commitments, or agreements,
whether oral or written.
II. Section 2. SCOPE OF SERVICES of the AGREEMENT is amended in full to read:
2. SCOPE OF SERVICES
COUNTY shall perform those services specified in detail in the attached Exhibit A, entitled
“Scope of Services”, as amended.
III. Section 3. TERM OF AGREEMENT of the AGREEMENT is amended in full to read:
3. TERM OF AGREEMENT
This Agreement, as amended, extends through June 30, 2027, unless otherwise
terminated under Section 5 (TERMINATION) of the Agreement, as amended.
IV. Section 4. COMPENSATION of the AGREEMENT is amended in full to read:
4. COMPENSATION
CITY shall pay COUNTY for the costs of animal sheltering services under this Agreement.
The terms, rate, and schedule of payment are set forth in the attached Exhibit B, entitled
“Compensation,” as amended on July 1, 2026.
V. Section 6. INDEMNIFICATION of the AGREEMENT is amended in full to read:
Notwithstanding any other provision of this Agreement, CITY shall indemnify, release,
hold harmless, and defend, with counsel approved by COUNTY, COUNTY and its
officers, agents, and employees from any claim, demand, suit, judgment, liability, loss,
injury, damage, or expense of any kind (including attorneys’ fees and costs) arising out
of, or in connection with, performance of this Agreement by CITY and/or its officers,
agents, employees, or sub-contractors, excepting only loss, injury, or damage caused by
the sole negligence or willful misconduct of personnel employed by COUNTY. It is the
intent of the parties to this Agreement to provide the broadest possible coverage for
COUNTY as allowed by law. CITY shall reimburse COUNTY for all costs, attorneys’ fees,
expenses, and liabilities incurred with respect to any litigation or process in which CITY
contests its obligation to indemnify, defend, and/or hold harmless COUNTY under this
Agreement and does not prevail in that contest.
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with City of Gilroy
Except for those amendments to the AGREEMENT specifically set forth in this FIRST
AMENDMENT, all the terms and conditions set forth in the AGREEMENT shall remain in
full force and effect.
WITNESS THE EXECUTION HEREOF on the day and year first written above.
CITY OF GILROY
APPROVED AS TO FORM:
By: _____________________________
ANDY FABER, CITY ATTORNEY
CITY OF GILROY
Date: _________________________
CITY OF GILROY, a municipal corporation
By: _______________________________
MATT MORLEY, CITY MANAGER
CITY OF GILROY
Date: _________________________
ATTEST:
By: _____________________________
KIM MANCERA, CITY CLERK
CITY OF GILROY
Date: _________________________
COUNTY OF SANTA CLARA
APPROVED:
By: ___________________________
EDGAR NOLASCO
DIRECTOR, CEPA
Date: _________________________
APPROVED AS TO FORM AND
LEGALITY:
By: _________________________
WILLIE NGUYEN
DEPUTY COUNTY COUNSEL
Date: _________________________
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6/18/2026
EXHIBIT A
SCOPE OF SERVICES
COUNTY shall provide the following services for domestic animals found or maintained
in the incorporated area of CITY:
1. Sheltering of abandoned, impounded, lost or stray domestic animals , excluding
healthy stray cats unless impoundment is deemed necessary by mutual consent
between the COUNTY AND CITY;
2. Quarantine of impounded, aggressive domestic animals;
3. Provision for reclaim of abandoned, lost or stray domestic animals during
established business hours;
4. Euthanasia and disposal of abandoned, lost, impounded, or stray domestic
animals that are unclaimed by their owners and are deemed unfit for adoption,
rescue or return-to-field;
5. Return-to-field of free-roaming cats after sterilization and vaccination; and
6. Acceptance of owner-relinquished animals and confiscated animals on approval
of the COUNTY Animal Services Program Manager after consideration of shelter
population, space availability, and costs.
As part of Shelter Services, COUNTY shall provide the following veterinary services for
domestic animals found or maintained in the incorporated area of CITY :
1. Veterinarian services during established business hours to treat and provide
veterinarian care to stray and other impounded domestic animals;
2. Monitoring of quarantined animals; and
3. Low-cost spay/neuter services currently provided to residents of the
unincorporated areas of the County of Santa Clara.
COUNTY shall provide sheltering and veterinary care of domestic animals identified
above during normally staffed hours, which are Monday thru Friday from 8:00 am through
6:00 pm and Saturday and Sunday from 8:00 am thru 5:00 pm (“Operational Hours”).
Services will not be available on COUNTY holidays, however, CITY will have access to
“night drop” kennels outside of Operational Hours based on availability. Only animals that
appear to be free of injury may be left in the “night drop” kennels by authorized CITY staff.
Animals that are not bright, alert and active, have open wounds, broken limbs or have
been hit by a car must be taken to an emergency veterinarian at the CITY’S expense, but
may be transported to the shelter by the CITY during COUNTY operational hours for
continued care.
Animals taken into custody by CITY that are to be impounded by COUNTY are to be
transported promptly and humanely and shall be made available for owner redemption as
required by law. Animals requiring a quarantine hold will be made available for owner
redemption following the quarantine period. Whenever an animal with identification is
impounded, COUNTY will make a reasonable attempt to notify its owners of the animal’s
impoundment. Animals held under legal, public safety, or investigative authority, including
but not limited to Dangerous Determinations, Criminal Cases, or other regulatory or
judicial proceedings may not be made available for owner redemption or otherwise
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released until authorized by the CITY in accordance with applicable laws and/or resolution
of the case. Under any other circumstances which CITY requests that an animal not be
made available for reclaim, adoption, rescue, or return-to-field, such request must be
approved by the Animal Services Program Manager prior to impoundment. COUNTY will
require an address (in the case of cats) or a street and cross street (in the case of all
other animals) where each animal wa s found by both CITY and its residents, prior to
accepting an animal for impound. CITY residents requesting an animal to be accepted
must have their address confirmed by COUNTY prior to accepting the animal for impound.
COUNTY may collect fees from the public in connection with a portion of the Animal
Sheltering Services provided under this Agreement and as consistent with the County
Ordinance, including but not limited to impound, boarding, and quarantine fees. These
fees shall be at the rates established by COUNTY.
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EXHIBIT B
COMPENSATION
(Amended July 1, 2026)
Invoicing and Payment
1. Payment to COUNTY
For Animal Sheltering Services provided by COUNTY to the CITY under this Agreement ,
CITY shall pay COUNTY for the cost of animal shelter and other services for the period
of July 1, 2026 through June 30, 2027 at the following rate and on the following schedule:
July 1, 2026 - June 30, 2027 $400,000 Due August 11, 2026
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