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Home My WebLink AboutMINUTES - 08172004 - C93 TO: BOARD OF SUPERVISORS Contra FROM: Michael G. Ross,Animal Services Director 7 P Costa DATE- August 11,2004 ry.. iret, : County SUBJECT: Memorandum of Understanding with Hogs For Dogs SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION APPROVE and AUTHORIZE the Animal Services Director, or designee, to execute a Memorandum of Understanding with Hogs For Dogs, Inc., to participate in a fund raising event to raise awareness of the needs of people with disabilities, to enhance the Humane Education Program in the..Animal Services Department, and to indemnify Hogs For Dogs against claims that may arise related to their performance under this Memorandum of Agreement. BACKGROUND From May to November 2004, Max & Bailey—two Golden Retrievers —will journey over 25,000 miles through all lower 48 states of America in their Harley-Davidson sidecar, bringing attention to the special needs of people with disabilities and highlighting the many ways that a Guide or Assistance Dog can help them lead more independent lives. Hogs For Dogs is joined by the Animal Services Department and their Majority Charity Partner "Paws With A Cause." A portion of the proceeds will benefit the Contra Costa County Animal Benefit Fund for Humane Education. CONTINUED ON ATTACHMENT: YES SIGNATURE: —'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Z-'-AVPROVE OTHER SIGNATURE(S)., ter' zfca ACTION OF BOON _ / 3 O APPROVED AS RECOMMENDED 7C OTHER :.i VOTE OF SUPERVISORS ' UNANIMOUS(ABSENTJ t'f I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT ( ) COPY OF AN ACTION TAKEN AND ENTERED ON THE AYES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE ABSENT: ABSTAIN: SHOWN. / Orig.Dept: Animal Services Department (6-2935) ATTESTED [� J t: cc: County Administrator JOHN SWEE N,CL OFTAE BOARD OF Risk Manager SUPERVISORS AND CO Y ADMINISTRATOR BY ,DEPUTY M382(10188) 411, MEMORANDUM OF AGREEMENT Between U.S. Hogs for Dogs, Inc. And The County of Contra Costa [Animal Services] U.S. Hogs for Dogs, Inc. ("HFD"), a Texas non-profit corporation, and the County of Contra Costa, a political subdivision of the State of California(the "County") have made and entered into this Memorandum of Agreement effective on July 6, 2004, with reference to the following facts: RECITALS A. From May to November 2004, HFD will sponsor Max &Bailey, two Golden Retrievers, as they journey over 25,000 miles through all lower 48 states of America in their Harley-Davidson sidecars,bringing attention to the special needs of people with disabilities and highlighting the many ways that a Guide or Assistance Dog can help them lead more independent lives. B. The goals of Max & Bailey's 2004 Ride Across America are: (1) Create an environment of heightened awareness about individuals with physical disabilities and how those individuals could have increased independence and mobility through a partnership with a specially trained Assistance or Guide Dog. (2) Create fund-raising opportunities to assist nonprofit Assistance and Guide Dog organizations in meeting the financial demands of breeding, training, and providing these specially trained dogs to individuals living with physical disabilities. (3)Present educational messages targeted at school-age children to encourage young people to become involved in community service projects that benefit individuals with disabilities in their local community. C. Contra Costa County Animal Services Humane Education Program(Humane Education Program), operated by its Animal Services Department, provides educational programs to over 3,000 children throughout the County. Children attending Humane Education Programs are taught to recognize the importance of Proper Pet Care, Pet Safety, and to understand how individuals can contribute back to their community and wildlife. Included in this curriculum is an expansive program on"Service Dogs and How They Work." D. HFD has asked Contra Costa County, through its Humane Education Program and Animal Services Department, to work with it to promote Max and Bailey's 2004 Ride Across America within Contra Costa County. NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, HFD and the County agree as follows: 1. HFD agrees to designate ten percent(10%) of the net donation proceeds, from the combined HFD and County fund raising events held in the County in support of Max &Bailey's 2404 Ride Across America to the Humane Education Program. Proceeds from HFD Logo Gear sales, defined in section 2 below, are not included in this amount. 2. HFD will provide a bulk discount of 15%to County on all Max& Bailey t-shirts and other HFD Logo Gear if County purchases a minimum of 1,000 units. "Logo Gear" includes sweatshirts, polo shirts, denim shirts, and baseball caps bearing the"Hogs for Dogs"logo. The HFD logo consists of a red oval with the words "Hogs for Dogs"in white superimposed on a red, white, and blue interstate shaped sign bearing the phrase"U.S. Charity Ride" on top of a red, black, and white quadrangle. The logo can be seen on the HFD website at www.hogsfordogs.org. For the purposes of this discount, the 1,000 units may be any combination of Logo Gear items offered by HFD. If County purchases less than 1,000 units, County and HFD will negotiate a separate discount. County agrees to purchase all logo gear through Promote 24/7, HFD's exclusive distributor. Promote 24/7 is located at 638 Minna St., Suite 5, San Francisco, CA 94103. The County will pay for shipping. County is not required by this section to purchase any t-shirts or other items from HFD. 3. HFD will allow the County use of HFD graphics and materials for publicizing events. HFD reserves the right to review all distributed materials prior to their use. 4. HFD and County will endeavor to participate in mutually beneficial educational opportunities and fund-raising initiatives, including coordination of joint HFD and County education events. -5. County agrees to collect and document donations received as part of all joint fund-raising efforts. County will request that checks intended for contribution to HFD be made payable to U.S. Hogs for Dogs. All cash donations intended for contribution to HFD will be given to a HFD Executive Board Member. Where provided by the donor, County will provide the donor's name, address, phone number, check number, and check amount to HFD. County will bear no liability to HFD for bad checks or for County's participation in fund raising efforts. 6. If County decides to resell HFD Logo Gear, it will do so at the same retail price as offered by HFD, as of the effective date of this Agreement. If HFD increases the cost of their merchandise after the effective date of this Agreement, it will notify County of the price increase within 30 days. All proceeds from HFD Logo Gear sold by the County will remain the property of the County, to benefit the Human Education Program. Nothing in this section obligates the County to sell HFD Logo Gear. 7. County will endeavor to include in all promotional materials prepared by the Animal Services Department a statement that a portion of proceeds from all joint Contra Costa County and HFD events will go to benefit the Humane Education program. 8. Either party upon 30 days notice may terminate this Agreement. 9. This Agreement shall not be changed,modified, altered or amended in any respect without a written document executed by County and HFD. 10. All copyrights, trademarks,business models and other proprietary information are the property of their respective owners. 11. Nothing contained in this Memorandum of Agreement is intended, nor shall it be construed, to create rights inuring to the benefit of third parties. 12. HFD and the County are independent organizations. Both parties shall refrain from any representation that they are an agent or legal representative of the other party, or from incurring liabilities or obligations or any kind in the name, or on behalf of the other party, except as may be authorized in advance in writing by the other party. 13. HFD agrees to indemnify and hold harmless County for RFD's share of any and all costs and liability for any damage arising out of the negligence or willful misconduct HFD, its officers, or employees in HFD's performance under this Agreement, following determination of RFD's share by a court of law. Except as otherwise provided herein, County agrees to indemnify and hold harmless HFD for the County's share of any and all costs and liability for any damage arising out of the negligence or willful misconduct of the County and its officers or employees in the County's performance under this Agreement, following determination of County's share by a court of law. tinder no circumstance shall either party have any liability to the other or to any other person or entity, for consequential or special damages, or for any damages based on loss of use, revenue, profits or business opportunities arising from breach, action taken or inaction by either party under this Agreement. 14 This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. The venue of any litigation pertaining to this Agreement shall be Contra Costa County, California. 15. All notices (including requests, demands, approvals or other communications) shall be in writing. The delivery of all notices given under this Agreement shall be as follows: HFD: H. Blaine Parks, Executive Director U.S. Hogs for Dogs, Inc 6300-138 Creedmoor Road Box 442 Raleigh,North Carolina 27612 County Animal Services: Mike Ross, Director 4849 Imhoff Place Martinez, CA 94553 16. The parties have herein set forth the whole of their agreement. HOGS FOR DOGS: COUNTY: U.S. HOGS FOR DOGS, INC CONTRA COSTA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA By: By: H. Brine Parks, Executive Director Mike Ross, Director Anima] Services FORINT APPROVED COUNTY COUNSEL By: Deputy K.H:kh H:\Documents\Hogsfbrdogs.wpd