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HomeMy WebLinkAboutA6214 - HELEN WOODWARD ANIMAL CENTER RELEASE AND ADOPTION OF ANIMALS A" alk AGREEMENT FOR THE RELEASE AND ADOPTION OF ANIMALS This agreement " entered into as of �12i L �� 2012, by and between C- 6C 4" •✓G (hereinafter referred to as "Releasor") and Helen Woodward Animal Center, a California nonprofit public benefit corporation (hereinafter referred to as "HWAC"), for the purpose of placing shelter animals with HWAC. WHEREAS, in operating a public or private animal shelter, the Releasor cares for stray and relinquished animals, and has a substantial interest in the adoption of suitable animals not redeemed by their owners; WHEREAS, the Releasor wishes to release shelter animals that might otherwise be euthanized to animal rescue or adoption organizations for the purpose of finding suitable adoptive homes; WHEREAS, HWAC is an animal rescue or adoption organization and wishes to obtain Releasor animals for the purpose of finding suitable adoptive homes. The Releasor and HWAC mutually agree as follows: 1. HWAC may submit a request in the manner approved by Releasor, for the release of a shelter animal. In making animals available for adoption under this agreement, Releasor may specify which animals it believes are suitable for adoption. Notwithstanding the above, HWAC acknowledges that it is HWAC's responsibility to determine whether animals obtained from Releasor are suitable for adoption. HWAC also acknowledges that Releasor does not warrant in any way the adoption suitability of any animals released by Releasor. 2. Releasor will follow state guidelines for holding periods related to each animal, and will not transfer own rship to HWAC until such holding periods have been satisfied. Once released to HWAC, ownership of the animal shall automatically be transferred to HWAC, and the animal will not be returned to Releasor except as provided in #3 below. Any and all decisions as to the evaluation of adoptability, treatment of medical conditions or decisions regarding euthanasia once ownership of the ar imal is transferred are the sole responsibility of HWAC. d 3/03 C/ PJO 3. If Releasor makes an error related to holding periods, or if an owner/ee subsequent to transfer of ownership of the animal to HWAC, Releasrequest that HWAC return the animal. If said animal has not yetbeHWAC, HWAC will release animal back to Releasor within a reasoniod of time with no charge to Releasor for fees incurred, and in that event, ownership of the animal shall automatically transfer to Releasor. If HWAC is asked by Releasor or other person to contact the animal's new adoptive family, HWAC will not release the adoptive family information to any person except as required by law or court process, as such information is confidential. HWAC will be the contact party with any HWAC clients. 4. HWAC shall provide animals obtained from Releasor with a healthy, clean and safe environment, and shall provide the animals with necessary and prompt veterinary care, nutrition and shelter at HWAC s expense. Releasor shall have the right to inspect, without prior notice, any premises maintained by HWAC where any animal obtained from Releasor is kept or maintained. 5. HWAC shall keep accurate records of each animal obtained from Releasor. Such records shall include information regarding veterinary care and the name, address and telephone number of the new animal owners. Releasor may not require any such information be provided to Releasor. 6. HWAC counsels all new owners as to the licensing requirements for canines in the State of California. 7. Releasor shall provide to HWAC all information in its possession or known by Releasor regarding each animal obtained by HWAC from Releasor, including but not limited to veterinary and behavioral background, assessments performed by Releasor, and information provided by prior owners. 8. Except as provided below, HWAC shall ensure that any unaltered animal obtained from Releasor is surgically sterilized by a licensed veterinarian at HWAC's expense prior to transferring ownership of the animal to any person. This requirement does not apply to the delivery of any animal to foster care givers, to whom ownership is not transferred. This requirement shall not apply in any case where a licensed veterinarian provides written certification stating that, due to health considerations, the animal should not be altered, or that, in the professional judgment of the veterinarian, the animal has been previously altered. z 3/03 9. Releasor will not charge HWAC any fee for release of animals to HWAC or for costs incurred prior to release of animals to HWAC. 10. HWAC will provide a current list of HWAC employees authorized to take pets from Releasor on HWAC's behalf under this agreement. Updating that list in writing is the responsibility of HWAC. Ensuring that animals are only released to persons whose names are included on the current list is the responsibility of Releasor. 11. Either party may cancel this agreement at any time by written notice to the other party. 12. Releasor and HWAC each release the other party and such other party's officers, agents and employees from all claims, demands, judgments, awards, fines, liens, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter referred to as "Claims"), arising out of, or in any manner either directly or indirectly connected with, any act, error omission or negligence of the other party except for breaches of their respective obligations under this agreement. Releasor and HWAC each agree to indemnify, protect, defend and hold harmless the other party from and against any Claims arising from or connected with any act or omission of the other party or breach of this agreement by the other party, except to the extent that such Claim was caused by the negligence or misconduct of the other party. The provisions of this paragraph shall survive the termination or cancellation of this Agreement. 13. Any dispute, controversy or claim arising out of or in relation to this contract, or any breach or alleged breach of this contract, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any Court having jurisdiction thereof. The arbitrator shall, as part of his award, determine an award to the prevailing party of the costs of such arbitration and reasonable attorney's fees of the prevailing party. 14. This is the entire agreement between Releasor and HWAC. Any modification to the Agreement must be in writing, signed by both Releasor and HWAC. This Agreement shall be binding upon Releasor and HWAC and their respective heirs, executors, personal representatives, successors and assigns. 3/03 3 Rpr 12 2012 4: 41PM Helen Woodward - HR 8587567520 p. 5 IAI MLLEN WOODWA & D wwwammkmterorg Releesor: HWAC: Helen Woodward Animal Center, a California nonprofit pUbli benefit corporation • gy � By Signature Signature APPROVED BY'CR MANAGER no c n) Grp i�'� gGE'2 kr ' noMs SfRy r cl%s R Name and Title Print Name and Title k7Ai1>"i G 'Ann- i P.O. Box 84 Add're s K Rancho Santa Fe, CA. 92D67 Paw \-�qyl V)Q, 62a� 858-758-4117 City, Stom, Zip. Fed tD #: 23-7228287. 1bQa3- $l�l Contacts: 0 e h ne LaBeth Thompson ext. 317 Contact Information ATTEST: Contact Information -Ijoy CitjClerk 3/03 ` Adoption jD 9niifertlaeBosrdisgnEdrrcatloAeEgriweXospltaieP.S.T.eTkerapeuticRiding n Volunteer Opportunities 6523 HEM Wool mm WAY, svirr' 100 P.o.,BOX 64 RA,4m SWM pr:,G.AL> RKA 92067 to (95m 75 117■FAX(ti58) 756 1466 A iLm.Amen Cava,nwn PxMnoow x[cram PNu . Releasor: HWAC: Helen Woodward Animal Center, a California nonprofit public benefit corporation By By Signature Signature Print Name and Title Print Name and Title P.O. Box 64 Address Rancho Santa Fe, CA 92067 858-756-4117 City, State, Zip Fed ID #: 23-7228287 Contacts: Telephone LaBeth Thompson ext. 367 Contact Information Contact Information 3/03 I am sending out this information to all our shelter and rescue partners. We have had a difficult year this year with ringworm outbreaks and have had to look at some new ideas to try to avoid that. I will be happy to talk to you if you have questions about the new guidelines. The goal is that this is temporary and that we will alleviate the problem and not have to continue this. I will have you either sign this and fax it back or bring it, signed, when you come for your first transfer. The transfer program at the Helen Woodward Center has grown and we are now partnering with more rescues and shelters than ever before. Along with the increase in the number of animals we transfer, comes the potential for an increase in disease transfer. Some of these diseases are easily treated and handled, but some are more virulent. One of the hardest diseases to handle in a shelter situation is ringworm. We have tightened our cleaning protocol and intake procedures to make it less likely that we get an animal that has ringworm. As we all know, the incubation period for ringworm is quite variable and often an animal comes in that looks fine but begins to shows signs weeks later Since treatment is extensive, expensive and poses a quarantine issue, we are changing our policy on cats or kittens that break with ringworm. If the cat or kitten has a positive culture with 45 days of arrival at the Center,the rescue or shelter will be responsible for taking the animal back into their care within 14 days. We will treat the cat while waiting for the shelter or rescue to pick it up. This is a change from what we have been doing, but we feel it is necessary to keep all our animals healthy long term. If you have any questions, please feel free to call me at 858-756-4117, ext. 367. Periodically we review our vaccine protocols and make changes. This year we have seen some illness and we are trying to change some parameters in order to alleviate some of that. Some of this I will have discussed with you and some will be new. PLEASE let me know any questions or concerns. I might not have explained everything so it is easily understood so please ask me to clarify any point if you are at all confused. I value our partnerships and friendships and want to continue both into the New Year. New vaccine protocol for transfer partners Currently: we require a DHPP for dogs and a FVRCP for cats that was administered at least 14 days prior to intake and not more than 28 days. This requirement is waived if it is a pregnant animal or a cat with nursing kittens less than two weeks old. Change: We are now going to require bordetella for dogs/puppies to cut down on our cost of holding and treating kennel cough before we can make those dogs available. Also requiring vaccination of pregnant and nursing dogs and cats. Changes are as follows: 1) All dogs and cats 6 weeks of age to 5 months will need to have a FVRCP or a DHPP administered at least two weeks prior to the transfer date but not more than 28 days. For puppies and kittens between the ages of 28 to 42 days of age they may be given 1/2 dose of the vaccine. 2) For adult dogs and cats over 5 months of age, they need a DHPP or an FVRCP vaccine given when they are 5 months of age or older. That vaccine must have been given within the last year. For dogs and cats under 5 months, they need to have had a vaccine at least two weeks prior to transfer and not more than 28 days. For all dogs and puppies they need to have a bordatella vaccine administered intranaaally two weeks prior to transfer and not more than 4 months prior to transfer. 3) If a dog has nursing puppies under 4 weeks of age the mother needs to have her bordetella and DHPP in accordance with the two week protocol. 4) If a cat has nursing kittens under 4 weeks of age the mother needs to have a FVRCP in accordance with the two week protocol. The only exception is if the mother would be getting her first FVRCP when the kittens are less than 14 days of age. 5) Pregnant dogs will need a DHPP administered to follow these guidelines. 6) Pregnant cats will need an FVRCP administered unless they are determined to be term pregnant or in labor and then the vaccine will be given after their kittens attain the age of 14 days to guard against the kittens developing cerebellar hypoplasia due to the modified live vaccine given to the mother. 7) All dogs will need an intranasal bordetella vaccine administered intransaally two weeks prior to transfer and not more than 4 months prior to transfer. 8) Rabies vaccine does not need to be administered prior to transfer.