CA Review ___AF___
Meeting Date: June 6, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Amanda Baker, Management Analyst
[email protected], 442-339-5054
Reid Shipley, Police Captain
[email protected], 442-339-2257
Subject: Agreement with the San Diego Humane Society for Animal Control Services
District: All
Recommended Action
Adopt a resolution authorizing the City Manager to execute an agreement with the San Diego Humane Society for Animal Control Services in an amount not to exceed $720,000 for Fiscal Year 2023-24.
Executive Summary
The San Diego Humane Society has satisfactorily provided animal control services in the city since it was awarded the contract in 2018. The city’s current contract with the Humane Society expires on June 30, 2023. Over the past five years, San Diego Humane Society personnel have demonstrated their competence and possess the professional qualifications necessary for the satisfactory performance of animal control services. Due to the Humane Society’s unique capabilities and service, the city has the option to select them under the sole source exemption from the standard bidding procedure to continue to provide animal control services.
The agreement requires the City Council’s approval under Chapter of the Carlsbad Municipal Code Section 3.28.040(D) because the cost to the city is more than $100,000 per agreement year. Section 3.28.110 allows for the “awarding authority,” which in this case is the City Council, to exempt certain purchases from the procurement provisions of Chapter 3.28, such as putting the procurement out to bid. Section 3.28.110 (B) exempts situations where services can only be reasonably obtained from a single source, as determined by the awarding authority.
The city’s Purchasing Officer has reviewed the proposed purchase and supports requesting an exemption. The City of San Diego released a request for information regarding animal control services in October 2022. The City of San Diego’s procurement manager advised that they only received one response from the San Diego Humane Society and awarded a sole source contract.
June 6, 2023
Item #6 Page 1 of 24
Explanation & Analysis
The city’s contract with the San Diego Humane Society is set to expire on June 30, 2023, and the Police Department wishes to continue to receive animal control services from the organization.
Animal control and sheltering are necessary and desirable services to provide to the community, and the Humane Society is uniquely qualified to provide these specialized, professional.
The complete scope of services is defined in Attachment A.
The non-profit San Diego Humane Society provides proper, humane, and efficient handling, adoption and treatment for dogs, cats and other domestic animals. It also ensures the enforcement of related state and city laws, ordinances and regulations. The society maintains animal shelters in Oceanside, Escondido, San Diego and El Cajon all of which are open to the public.
In addition to the services listed above, the Humane Society may routinely provide community engagement and services such as public education, community events, vaccinations and microchipping. The complete list of community engagement and services can be found in Exhibit A of Attachment A to Exhibit 1. San Diego Humane Society also categorizes their calls for service by priority and will respond within the times listed in Attachment A.
The city will continue to benefit from San Diego Humane Society’s Project Wildlife, where the goal is to return every animal treated back into their natural habitat. This service is essential in preserving the city’s local ecosystem.
The Humane Society has helped San Diego become the largest city in the country to keep healthy and treatable animals from being euthanized. In partnership with the San Diego Animal Welfare Coalition and rescue organizations, San Diego achieved zero euthanasia for healthy or treatable animals in 2015. The city is committed to staying at zero.
The Humane Society provides the Police Department with quarterly reports as well as an annual report. These reports include data on:
• Number of animals sheltered, including strays
• Community services provided, including licenses, vaccinations, microchips and spay and neuter surgeries
• Humane law enforcement, including the number and type of incidents or reports investigated as well as all administrative or criminal citations that were processed.
The city’s Housing and Homeless Services staff executed a separate agreement with the San Diego Humane Society to shelter animals of people experiencing homelessness. That agreement expires on June 30, 2023, and may be extended for another one-year term.
Fiscal Analysis
The fiscal year 2023-24 cost of this agreement is $720,000. The total amount will be appropriated from the Police Department’s requested operating budget for fiscal year 2023-24.
The annual net cost of the contract will be determined using a formula based on actual historical expenses including but not limited to animal intake, veterinarian-provided services, licenses issued and calls for service. The annual payments shall not increase by more than the June 6, 2023
Item #6 Page 2 of 24
annual increase in the Consumer Price Index for All Urban Consumers in the San Diego Area, plus 3%, unless agreed in writing by both parties.
The term of the agreement is for a period of 36 months, commencing July 1, 2023, and terminating June 30, 2026. The Humane Society and the city may extend the agreement for two one-year periods.
Options
Staff recommend the City Council approve the agreement so that the city can continue to provide animal control services. The Humane Society is uniquely suited to provide these specialized services, with the necessary expertise, resources and shelters. The San Diego County Department of Animal Control does not offer them to cities, as it did before 2018.
Next Steps
With the City Council’s authorization, the City Manager will execute the agreement and the San Diego Humane Society will provide animal control services to the City of Carlsbad from July 1, 2023-June 30, 2026.
Environmental E
valuation
This action does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential cause to either a direct or physical change or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. City Council resolution
2. Bid exemption memo
June 6, 2023
Item #6 Page 3 of 24
RESOLUTION NO. 2023-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE SAN DIEGO HUMANE SOCIETY FOR ANIMAL
CONTROL SERVICES IN AN AMOUNT NOT TO EXCEED $720,000 FOR FISCAL YEAR 2023-24
WHEREAS, the current contract for animal control services provided to the City of Carlsbad by the San Diego Humane Society will expire on June 30,2023; and WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary and desirable to continue providing animal control services for the City of Carlsbad with the San Diego Humane Society; and
WHEREAS, Carlsbad Municipal Code Section 3.28.110(8) allows for the awarding authority, in this case the City Council, to exempt certain purchases of goods and services from the procurement provisions of CMC Chapter 3.28 if goods and services can be reasonably obtained from only a single source; and
WHEREAS, the city's Purchasing Officer supports requesting an exemption from the procurement requirements of the CMC pursuant to CMC 3.28.110(8); and WHEREAS, the Animal Services Agreement for FY23-24 is not to exceed $720,000; and WHEREAS, the term of the agreement is for a period of thirty-six months commencing on July 1, 2023 and terminating on June 30, 2026; and
WHEREAS, San Diego Humane Society and the city may extend the agreement for two one-year periods.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Manager of the City of Carlsbad is hereby authorized and directed to execute the Animal Services Agreement (Attachment A) for and on behalf of the City of Carlsbad, California.
3. That the City Manager of the City of Carlsbad is hereby authorized to execute amendments to the Agreement to extend it for two, one-year periods.
Exhibit 1
June 6, 2023 Item #6 Page 4 of 24
4. That the agreement is exempted from the procurement provisions of Carlsbad Municipal Code Chapter 3.28, pursuant to Section 3.28.110 (B).
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 6th day of June, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
./,--sHERRYF�
(SEAL)
June 6, 2023 Item #6 Page 5 of 24
DocuSign Envelope ID: 0741A75E-A9E2-498 1-87EF-86B82600AE4C Attachment A
ANIMAL SERVICES AGREEMENT
This Animal Services Agreement ("Agreement") is entered into effective the g~ay of JlAN,, 2023 ("Effective Date") by and between the CITY OF CARLSBAD, a municipal corporation (the "CITY") and the SAN DIEGO HUMANE SOCIETY AND S.P.C.A. , a California nonprofit corporation ("SDHS") (collectively, the "Parties").
RECITALS
A. On July I, 2018 San Diego Humane Society began providing anima l care and control services to the CITY.
B. It has been determined to be in the CITY' s best interest to retain specialized , professiona l services to provide animal contro l and sheltering services since the CITY does not provide such services.
C. The CITY desires to contract with SDHS as an independent contractor and SDHS desires to provide services to the CITY as an independent contractor.
D. SDHS personnel have demonstrated their competence and professiona l qualifications necessary for the satisfactory performance of the services designated herein by virtue of their experience , training , education and expert ise.
E. The purpose of this Agreement is to ensure the proper , humane and efficient handling, ownership, treatment and disposit ion of dogs, cats and other domesticated animals , and to ensure the enforcement of laws, ordinances and regulations of the State of Californ ia and of th~ CITY concerning the regulation , licensing , impounding and disposition of dogs , cats and other domestic animals within the CITY.
NOW THEREFORE , in consideration of the covenants , conditions and terms set forth herein , the parties agree as follows:
1.0 SCOPE OF SERVICES. SDHS shal l provide animal sheltering and animal field services required by and in accordance with the laws, regulations , ordinances and codes of the State of California , the County of San Diego , and the CITY as further specified by this Agreement.
The Services to be performed by SDHS pursuant to the terms and conditions of this Agreement shall consist of the Services enumerated below . In addition to those Services identified below , SDHS may routine ly prov ide the CITY with the additional "Community Engagement and Services" outlined in Exhibit A, attached hereto and incorporated by reference , without an additional cost Exhibit A may be modified in SDHS's discretion based on resources and capacity.
1.1. Anima l Sheltering. SDHS shall provide the CITY with animal shelter services consistent with public shelter functions to receive and care for all dogs , cats and other domestic animals seized or impounded by Animal Fie ld Services or delivered by members of the general public , provide humane disposit ion of animals, euthaniz ing, if warranted, and disposing of euthanized animals and deceased animals brought in by CITY residents. More specifically , SDHS June 6, 2023 Item #6 Page 6 of 24
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C shall maintain animal shelters at 2905 San Luis Rey Road , 572 Airport Road , Oceanside, California, 3500 Burnet Drive , Escondido , California , 1373 N. Marshall Avenue, El Cajon , California, and 5480 and 5500Ga ines Street, San Diego , California (collectively, the "Shelter"), which shall be open for public service and operation during reasonab le days and hours of operation similar to other such facilities within the County of San Diego ("County") , and which shall comp ly with the standards described by the laws of the State of Californ ia, and the ordinances of the County and the CITY. Such anima l shelter services shall include:
a. The housing and care of stray domestic animals for the legal hold period accord ing to the laws of the State of California , and the ordinances of the County and the CITY.
b. The housing and care for domestic anima ls under rabies quarantine for the legal hold period according to the laws of the State of California and the ordinances of the County and the CITY.
c. Housing and care for po lice and animal crue lty holds for a minimum of fourteen (14) days.
d. Providing lost and found opportun ities for the general public for domestic animals brought to the Shelter.
1 .2. Animal Sheltering Criteria. SDHS animal she ltering Services shall include:
a. Feed, care for, and the disposition of all animals coming into the possessi on of SDHS using safe and humane methods in accordance with the State of California laws and the ordinances of the County and the CITY.
b. Assume all expenses to maintain and operate the Shelter and proper ly care for the animals.
June 6, 2023
c. Manage the dog license program within the CITY to include:
i. Maintaining files including current and expired dog license and the owners who live within the CITY for the past three (3) years. ii. Issuing or causing to be issued new and renewed licenses to dog license applicants within the CITY.
iii. Issuing or causing to be issued, when appropriate, Service Dog Licenses within the CITY.
iv. Issuing or causing to be issued, when appropriate , Dangerou s Dog licenses within the CITY.
v. Conducting follow-up enforceme nt of licensing and rabies vaccinati ons Item #6 Page 7 of 24
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C within the CITY.
1.3. Animal Field Services. SDHS sha ll humanely and efficiently enforce all applicable animal field service laws, regu lations, ordinances and codes of the CITY (and any County laws, regulations and ordinances as adopted by the CITY) pertaining to animal field services with respect to the scope of work set forth below. SDHS shall provide the CITY with the following anima l field services in response to complaints generated by the public, law enforcement and the CJTY:
a. Investigation and enforcement of anima l cruelty laws and related activities. b. Picking up and caring for injured domestic animals.
c. Addressing dangerous domestic animal situations.
d. Monitoring and responding to bites and enforc ing rabies quarantine requirement s.
e. Investigation and enforcement of vicious or dangerous dog comp laints and activities associated therewith.
f. Patro lling and impounding stray dogs running at large g. Picking up and car ing for stray and abandoned domestic anima ls contained by citizens and found within the City limit s.
h. Picking up ill or injured wildlife
1. Responding to and investigating barking dog complaints
1.4. Animal Field Serv ices Requirement s.
requirements include:
SDHS animal field service
a. SDHS shall perform the Services in accordance with all laws and regu lations applicabl e to the CITY.
b. SDHS sha ll provid e daily the approp riate number of Humane Officer(s) (as defined below) and an animal containment vehicle(s) and equipment for the performance of an imal field services.
c. SDHS shall humane ly and efficiently enforce all laws of the State of Californ ia, the· County, and the CJTY pertaining to animal field services that are within the scope of SDHS's obligation s under this Agreement. Jn the event that new laws enacte d after the Effec tive Date of this Agreement would require increa sed services by SDHS , the cost for such additional services shall be added to the projected costs for the year immediat ely June 6, 2023 Item #6 Page 8 of 24
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86882600AE4C following enactment and billed accordingly, provided the City's tota l annua l compensation does not excee d the amoun t provided in Section 11 .2. d. SDHS Humane Officers (as defined below) and duly trained license coord inators are authorized to issue crimina l and/or administrat ive citations for vio lations of CITY an imal field serv ice laws, and to issue notices as provided by law. SDHS's Humane Officers (as defined below) shall prepare appropriate reports concerning violations, file such reports with the applicabl e authority when necessary , and stand ready and avai lable to testify in a court or admini strative hearing when called upon to do so concerning such vio lations.
e. SDHS shall respond to calls for anima l field services between the hours of 8:00 a.m. to 7:00 p.m. daily ("Field Serv ice Hours") . Based on the priority of the call, SDHS will respond within the times included in Exhibi t B attached hereto and incorporated herein by reference. Exhibit B is subject to reasonable change at SDHS's discretion and upon written notice to the CITY. SDHS may increase serv ice levels and expand Field Service Hours based on service call volwne and community need. f. SDHS wi ll respond to calls for service outside of Field Service Hours. After hours duty officer(s) will provide eme rgency responses to Prio rity One calls during non Field Service Hours. SDHS may increase service levels based on service call volume and community need. "Priority One" calls are defined as a prompt , essential emergency respo nse for the following:
1. Any law enforcement agency requesting immediate emergency assistance.
ii. Ani mal bite where the domestic animal continues to pose an immediate threat , bite injury is to the head, or the bite injury can be considered severe. 111. Any act of cruelty and/or neglect to an imals that is in progress or which places an anima l in imminent danger.
iv. Any domestic anima l either known to be dangerous or v1c1ous by previous determination in an admi nistrative hearing or one that is perceived to be an immediate threat or menacing those individuals report ing the event. v. Any live domestic anima l, which is presenting an immediate hazard to humans, such as a live domestic anim al in traffic lanes of a major thoroughfare or highway.
v1. Any domest ic anima l that is sick, injured and in immediate danger.
2.0 SDHS PERSONNEL. SDHS shall employ appropriate personnel and staff to assist and carry out its duties and obligations of this Agreeme nt.
2. 1. Humane Officers. SDHS shall have at all times during the term of this Agreemen t June 6, 2023 Item #6 Page 9 of 24
DocuSign Envelope ID: 0741A75E-A9E2-498 1-87EF-86B82600AE4C a reasonable number of Hum ane Officers qualified under California Corpora tions Code section 14502 and California Penal Code section 830.9 capab le of performing and enforci ng the provis ions of the CITY ordinance related to domestic animal s. They shall not carry firearms in the performance of their duties but may carry non-leth al weapons. Each Humane Officer shall complete within one ( 1) year of date of hire or internal transfer a course in traini ng related to the exercise of his/her powers, which course shall meet the minimum standards prescribed by the Commission on Peace Officer Standards and Trainin g and the State Humane Association of Californ ia.
2.2. Performance Standards. SDHS agents and emplo yees shall treat the public with courtesy and respect at all times in performing all duti es and obligations under th is Agreement.
2.3. Compliance with Laws. SDHS shall comply with personnel policies and procedures that conform to federal and state laws with respect to hirin g and firing practices.
3.0 OBLlGA TIONS OF THE CITY. The CITY shall provid e the following to ass ist SDHS in performing required animal control functions und er this Agreement.
3.1. CITY will provide training on specific CITY processes and other municipal techniq ues that human e office rs may be expected to carry out.
3.2. The CITY sha ll endeavor to work with SDHS in suppo rt of the licensing programs geared towards increas ed compliance, higher return owner rates, reduction in the number of anima ls needing housing care, and protecting residents against dan gero us and/o r vicious dogs and habitual offe nder s of animal laws.
3.3. The CITY shall endeavor to work with SDHS in support of educating the community about SDHS programs including but not limited to lost and found, adoption, intake diversion, and community support services.
4.0 REPOR TS AND RECORDS.
4.1. Quarterly Reports . SDHS shall prepare quarterly reports to the CITY which sha ll provide the following information: (i) animal shelter ope rations (as it pertains to the Agreement) , including the number of stray animal s impounded and their disposition) ; (ii) all admini strative or criminal citations processed; and (iii) an imal field service activities inc luding the number and type of incidents or reports investigated.
4.2. Governmental Reports. Should the CITY be required to furnish information to any other gove rnment agency, SDHS agrees to timely provide information that the CITY may need to meet such request as long as the request is within the scope of this Agreement.
4.3. Annual Reports. By no later than sixty (60) days following the end of each fiscal year, SDHS shall provide an annual report to the CITY with the infonnation required by Section
4.1 for the preceding year.
June 6, 2023 Item #6 Page 10 of 24
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C
4.4. Record Retention. All records and information required to be kept by SDHS pursuant to this Agreemen t sha ll be kept in accordance with applicable record retention schedu les or three (3) years, whichever is longer.
5.0 COMPLIANCE WITH LAWS. All work by SDHS shall be performed m accordance with app licable city, state and federal laws, statutes and regulations.
6.0 LICENSE, PERMITS. ETC . SDHS represents and declares to CITY that it has all licenses, permits, qualifications, and approva ls of whatever nature that are legally required to practice its profession. SDHS represents and warrants to CITY that SDHS shall , at its sole cost and expense, keep in effect at all times during the term of this Agreement , any license , permit, or approva l which is legally required for SDHS to practice its profession. SDHS sha ll obtain and maintain a CITY business license during the tenn of this Agreement, if required.
7.0 INDEPENDENT CONTRACTOR. At all times during the tem1 of this Agreement, SDHS , any employees of SDHS and any subcontrac tors employed by SDHS shall be an independent contracto r and shall not be an employee of the CITY. The CITY shall have the right to contro l SDHS on ly insofar as the results of SDHS's Services rendered pursuant to this Agreement; however , the CITY shall not have the right to contro l the means by which SDHS accomp lishes its Services.
Neither SDHS nor SDHS's employees shall in any event be entitled to any benefits to which CITY emp loyees are entitled, including , but not limited to, overtime , any retirement benefits , workers' compe nsation benefits, any injury leave or other leave benefits, SDHS being solely responsible for all such matters, as well as compliance with socia l security and income tax withho lding and all other regulations and laws governing such matters.
8.0 WORKERS' COMPENSATION. Pursuant to California Labor Code section 186 1, SDHS hereby certifies that SDHS is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and SDHS will comply with such provisions, and cert ification of proof of compliance as a part of this Agreement.
9.0 NO CONFLICT OF INTEREST. SDHS shall not enter into any other contract which conflicts with its ob ligations under this Agreement. For the limited purpose of interpreting this section, SDHS shall be deemed a "city office r or employee ," and this section shal l be interpreted in accordance with the California Government Code section I 090.
I 0.0 OWNERSHIP OF DOCUMENTS.
I 0.1. Reports and documents prepared or provided by SDHS under this Agreement shall be the property of the CITY. The CITY agrees to hold SDHS free and harmless from any claim arising from any use, other than the purpose intended , of the reports and documents , prepared or provided by SDHS. SDHS may retain a copy of all materials produced under this Agreement for the purpose of documenting their participation in this Agreement.
June 6, 2023 Item #6 Page 11 of 24
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86882600AE4C
10.2. Animal license information and data, including, but not limited to, animal owner identification and address, animal nam e, description , license type and expiration date, are the property of the CITY and must be presented to the CITY in any reasonable document and computer format requested in writing by the CITY. All such information must be provided to the CITY wit hin thirty (30) days of the CITY 's req uest.
I 1.0 COMPENSATION. SDHS shall rece ive the follow ing compensation for the performance of the Services .
I I. I. Payments by the CITY. The CITY sha t I make payments to SDHS as fol lows:
For the first twelve (12) month term of this Agreement , "Year I Compensation" (J uly 1, 2023 through June 30, 2024), compensation shall be $720,000, or $60,000 per month for each month.
11.2. Formu la to Calcu late Payments by the CITY. For future years of the contract after Year I the formu la in calculating payments by the CITY for serv ices provided by SDHS shall be based on projected costs for service and:
a. SDHS will project the costs required to provide animal control , licensing and sheltering services to all the cities under contract with SDHS. SDHS will project costs based on actual historical expenses, adjusted for expected changes in the upcomin g contract year.
SDHS will track historical statistics by each city under contract with SDHS and will use those statistics to allocate the projected costs to the CITY. The nature of the statistics tracked by SDHS may include , but are not limited to, Animal Intake, Animal Days Sheltered by SDHS, vet provided services, licenses issued and services provided by Humane Law Enforcement Officers. SDHS will also factor in the cost to SDHS of any additiona l serv ices requested by the CITY that are unique to that CITY and requires additiona l costs to SDHS. b. By March 31st of each year, SDHS will provide the CJTY with a budget packet which shall include the total annual amo unt owed by CITY to SDHS. The budget packet must include a breakdow n of the amount owed by CITY by the types of expenses required in providing services to the CITY. Each statistic utilized by SDHS to allocate the projected costs to CITY, as referenced in Sectio n 11 .2 (a) above , shall be listed in the budget packet with SDHS 's total projected cost and the amount allocated to the City. For examp le, if SDHS projected an overall cost of $ 100,000 for Animal Care for the upcoming year, the budget packet would list the total cost of $100,000 and the amount allocated to CITY based on historica l statistics. SDHS will provide exp lanations for change s in compensatio n not related to changes in CPI. The budget packet will include a form for the CITY to sign and return to SDHS acknow ledging the compensa tion amount for the upcoming year. c. The annual payments owed by CITY to SDHS shall not increase by more than the annua l increase in the Consumer Price Index for All Urban Consumers (CPJ-U), San Diego Area, plus 3% unless express ly agreed to in writing by the Parties through a written Amendment to this Agreeme nt. In order to minimize unexpected year over year fluctuati ons in compensation, SDHS shall notify the CITY in writing of any annua l projected increase June 6, 2023 Item #6 Page 12 of 24
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C that is likely to exceed the Consumer Price Index for All Urban Consumers (CPI-U) for the San Diego Area by 3% no later than January 31 st for the upcoming contract year starting on the following July I st.
11.3. Other Revenue. SDHS shall be entitled to retain as compensation for the Services:
a. All reason able user fees, service charges and proceeds collected by SDHS in connection with licensing, impounds , and redemption of domestic animals from the She lter;
b. any fines received by SDHS or the CITY arising out of any administrative citations issued by Humane Officers; and
c. any other non-citation related revenue generated as a result of this Agreement.
A ll user fees and service charges shall not excee d the reaso nable cost of providing the serv ice, as may be adopte d by the City Council of the City of Carlsbad.
12.0 DISASTER RELIEF SERVICES. SDHS shall be designated the "Essentia l Support Function/Official Responder" with respect to any disaster to which the CITY is included within the disaster area designated by a governmental agency. SDHS may invoice the CITY for any costs and expenses, includin g staff overtime and equipment purchases and rentals, incurred by SDHS with respect to additional serv ices provided by SDHS in connection with any disaster relief effort and which are elig ible for reimbursement to Federal Eme rgency Management Agency ("FEMA ") Disaster Assistance Policy 9523. 19 or any successor disaster ass istance policy promulgated by FEMA. The CITY shall prompt ly reimb urse SDHS for such costs and expe nses, provided the CITY has received reimbur sements from FEMA. SDHS shall prov ide any ava ilab le supporting docume ntati on requested by the CITY for any funding or reimbursement request regard ing the disaster that is made to any gove rnmen tal agency. SDHS may also bill for disaster response such as deployment of the Specialized Disaster Response Emergency Team, large and sma ll animal evacuat ion, and large and sma ll animal sheltering if the CITY has reques ted assistance.
13.0 TERM AND TERMINATION.
13. 1. Term. The term of thjs Agreement shall be for the period of thirty-six (36) months commencing on July 1, 2023 , and terminating on June 30, 2026.
13.2. Mutually Agreed Extens ion. Following the exp iration of the initial term of this Agreeme nt, SDHS and CITY may extend this Agreement for two (2) one-year periods with any necessary revisions under the written conse nt of both Parties.
13.3 . Adm inistrati ve Exte nsion. Upo n the expirat ion of the tenn of this Agreement , the Parties retain the right to extend the Agreeme nt for a period of 120 days in order to fina lize a new Agree ment.
J 3.4. Terminat ion for Convenie nce. Either party shall have the right to term inate this Agreeme nt, with or without cause, by providing the other party with one ( I ) year prior written notice.
June 6, 2023 Item #6 Page 13 of 24
DocuSign Envelope ID: 0741A75E- A9E2-4981-87EF-86882600AE4C
13.5. Termination for Cause. At any time during the term of this Agreement , in case of material breach of this Agreeme nt by either party , the non-breachin g party shall have the right to terminate this Agreement by giv ing the breaching party written notice of such breach and demanding that suc h breach be cured within sixty (60) days (or in the case of defaults in payment of monetary amounts due which are certain in amount and undi sputed, ten [1 OJ days) and, if such breach has not been cured at the end of such period(s), this Agreement shall terminate without the necessity of any party taking any further act ion. In the event a longer notice or cure period is required by app licabl e law, the cure period specifi ed in this sectio n or the effective date of term inatio n shall conform to, but not exceed, such requir ement.
13.6. Compen sation Payable Upon Termination. In the event this Agreement is terminated pursuant to either Section 13.3 or 13.4, so long as SDHS has been providing the services specified herein, SDHS shall be ent itled to receive the compensatio n and fees accrued through the effective date of termination.
14.0 INDEMNIFICATION. To the fullest extent permitted by law, SDHS shall indemnify, defend, and hold harmless the CITY, and its officers, officia ls, agents and employees from any and all claims, demands, costs or liabili ty that arise out of, pertain to, or relate to any act or omission by SDHS in the performance of Services under this Agreement, and the negligence, recklessness, or willfu l misconduct of SDHS, its employees, agents , and subcontractors in the performance of Services under th is Agreement. SDHS's duty to indemnify under this Section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expe nse arising from the active or sole negligence or willful misconduct by the CITY or its electe d offic ials, officers, agents, and emp loyees. SDHS's indemnification obligations shall not be limit ed by the insurance provisions of this Agreement.
The Parties express ly agree that any payment, attorneys' fees, costs or expense CITY incurs or makes to or on beha lf of an injured emp loyee under the CITY's self-administered workers ' compensat ion is included as a loss, expense , or cost for the purposes of this Section , and that this section will survive the expirat ion or ear ly termination of this Agreement for a period of two (2) years.
15.0 INSURANCE. SDHS will obtain and maintain for the duration of the Agreement and any and all amendments , insurance aga inst claims for injurie s to persons or damage to property which may arise out of or in connection with perfonnance of the services by SDHS or SDHS' agents , representatives , employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do busi ness in the State of California. The insurance carrier is required to have a cw·rent Best's Key Rating of not less than "A-:Vll" ; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Gui de of at least "A:X"; OR an alien non admitted insurer listed by the Nationa l Association of Insurance Commissioners (NAIC) latest quarterly listings report.
l 5. J. Coverage and Limits.
SDHS will maintain the types of coverage and minimum limits indicated below , unless the Risk Manager or City Manager approves a lower amount. These minimum amou nts of cove rage will not constitute any limitations or cap on SDHS' indemnification obligations under this Agreement. City, June 6, 2023 Item #6 Page 14 of 24
DocuSig n Envelope ID: 0741 A75E-A9E2-4981-87E F-86B82600AE 4C its office rs, agents and emp loyees make no representation that the limit s of the insurance specified to be carried by SDHS pursuant to this Agreement are adequate to protect SDHS. If SDHS believe s that any required insurance coverage is inadequate , SDHS will obtain such additi onal insurance coverage, as SDHS deems adequate , at SDHS' sole expense. The full limit s ava ilable to the named insured shall also be available and applicable to the City as an additi onal insured . a. Excess /Umbrella Liab ility Policy . SDHS shall maintain an Excess/U mbrella Liability Poli cy with an aggregate limit of not less than Ten Million Dollar s ($10,000,000). b. Commercial General Liabi lity (CGL) Insurance. Insurance written on an "occ urrence" basis, includin g persona l & adverti sing injury , with limits no less than $2,000,000 per occ urrence. If a general aggregate limit applies , either the general aggrega te limit shall apply separate ly to this project/location or the general aggregate limit shall be twice the required occurrence limit.
c. Automobile Liability. (if the use of an autom obile is involved for SDHS' work for City). $2,000 ,000 combined single-limit per accident for bodily injury and property dam age. d. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Californi a Labor Code. Workers' Compensation will not be required if SDHS has no empl oyees and provides, to City's satisfac tion, a declaration stating this. l 5.2. Additi onal Pro visions. SDHS will ensure that the policies of insurance required under this Agreement contain, or are endorsed to conta in, the follow ing provisions:
a. The City will be named as an additional insured on Commerc ial General Liability which shall prov ide prim ary coverage to the City.
b. SDHS will obtain Genera l Liability on an occurrenc e coverage basis. c. This insurance will be in force during the life of the Agree ment and any exte nsions of it and wi ll not be cance led without thirt y (30) days prior written notice to City sent by certified mail pursuant to the Not ice provi sions of this Agreement.
15.3. Providin g Certificat es of Insurance and Endorsements . Prior to City's execution of this Agreement, SDH S will furnish cert ificates of insura nce and endorsements to City.
15.4. Failure to Maintain Coverage. If SDHS fails to maintain any of these insurance coverages , then City will have the option to declare SDHS in breach , or may purchase replacement insurance or pay the premium s that are due on existing policies in order to maintain the required covera ges. SDHS is responsible for any payments made by City to obtain or maintain insurance and City may co llect these payment s from SDHS or dedu ct the amo unt paid from any sum s due SDHS under this Agreeme nt.
15.5. Submi ssion of Insura nce Policies. City reserves the right to require , at any time , comp lete and certified copies of any or all required insura nce policies and endorsements.
15.6. Subcontractor Coverage. SDHS shall also require each of its s ubcon tractors to mainta in insurance coverage that meet s a ll the requiremen ts of thi s Agree m ent.
15. 7. CITY Options. SDHS agrees that if it does not keep the afo resaid insurance in full force and effec t, the CITY may eith er: (i) despite sectio n 13, above , immediately terminate this June 6, 2023 Item #6 Page 15 of 24
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86882600AE4C Agreement; or (ii) take out the necessary insurance and pay, at SDHS's expense, the premium thereon.
16.0 CUSTOMARY SERVICES. SDHS sha ll be permitted without the CITY's prior written consent to enter into agreements with third party providers of services that are customa 1y in the industry to ass ist SDHS to carry out its day-to-day operations.
17.0 NON-D ISCRIMINATION. SDHS shall not discriminate against any employee or applicant for employ ment because of sex, race, color, age, religion , ancestry, national origi n, disability, military or veteran status , medical condition , genetic information , gender expression, marital status, or sexua l orienta tion. SDHS shall take affirmative actio n to insure that applican ts are employed and that employees are treated during employment witho ut regard to their sex, race, color , age, religion , ancest ry, nationa l orig in, disability, military or veteran status, medical condition, genetic information , gender expression , marital status, or sex ual orientation and shall make reasonab le accommodation to qualified individuals with disabilities or medical conditions.
Such action shall include , but not be limited to the following: emp loyment, upgrading , demotion, transfer , recruitmen t, or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training , including apprent iceship. SDHS agrees to post· in conspicuous places available to employees, contractors, agents and/or applicants for employment any non-discrimination notices required by law and any non-di scriminat ion notices provided by CITY setting forth the provisions of this non-discrimination clause.
18.0 GENERAL PROVISIONS.
18.1. Entire Agreement. This Agreement comprises the entire agreement between the CITY and SDHS concerning the Services , and supersedes all prior negotiations, representations or agreemen ts.
18.2. Notices. Any notices given under this Agreement shall be in writing and sha ll be served either: (i) by hand delivery; (ii) by U.S. mail, postage prepaid, registered or certified mail, return receipt requested ; or (iii) by transmitta l over an electron ic transmitting device (with confirmation of receipt) , such as facsimi le or emai l, provided that a comp lete copy of any notice so transmitted shall also be mailed by U.S. mail. Notices shall be deemed received at the ear lier of actual receipt or three (3) days following deposit in U.S . mail , postage prepaid. From time to time the parties may designate a new address for purposes of notice hereunder by notice to the other parties hereto in the manner provided above. Initia l notice addresses are as follows:
To the CITY:
June 6, 2023
Carlsbad Police Department
Attn: Management Analyst
2560 Orion Way
Carlsbad, CA 92010
Item #6 Page 16 of 24
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C With a copy to:
To SDHS:
With a copy to:
Carlsbad City Attorney's Office
1200 Carlsbad Village Drive
Carlsbad, CA 92008
San Diego Humane Society
5500 Gaines Street
San Diego, California 92110
Attn: Julianna Tetlow , Director of Government Relations Fax: 619-299-0198
Email: JTetlow@s dhumane .org
Sheppard, Mullin, Richte r & Hampton LLP
501 W. Broadway, 19th Floor
San Diego , Califo rnia 92 10 1
Attn: Whitney Hodges , Esq.
Ema il: whodges@sheppardm ullin.com
18.3. Interpretation: Drafting. This Agreement shall be construed equall y as against the Parties hereto and shall not be construed against the party responsible for its drafting. All prior drafts of this Agreement shall be disregarded in construing the intent of any provi sion contained herein or therein , and such prior drafts shall be inadmi ssible in any proceeding at which any such provi sion is to be interpreted.
18.4. Headings. The heading s of the articles and sections herein are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretati on of this Agreement.
18.5 . No Third-party Beneficiarie s. The covenants contained herein are made solely for the benefit of the partie s hereto and successo rs and assigns of such partie s as specified herein and shall not be construed as havi ng been intended to benefit any third party which is not a party to this Agree ment.
18.6. Severability. If any provisio n of this Agreement or a portion thereof is held, by a court of competent juri sdiction , to be illegal or invalid , such provision or portion thereof shall be deemed to be seve red and deleted; and neither such prov ision, its severance or deletion shall affect the validity of the remaining provi sions of this Agreement.
18. 7. Modification. This Agreement may be amended , modified or rescinded only by a writing signed by all parties to this Agreement or by their duly authorized agents.
18.8. No Waiver. No waiver of any right under this Agreement shall be deemed effective unless contained in a writing signed by the party charged with such waiver, and no waiver of any June 6, 2023 Item #6 Page 17 of 24
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C right arising from any breach or fai lure to perfom1 shall be deem ed to be a waiver of any such future right or of any other right arising under this Agreement.
18.9. California Law: Venue . This Agreement and its performance shall be governed , interpreted , construed , and regulated by the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the County of San Diego, California.
18. l 0. Counterparts. This Agreement may be executed in two or more counterparts , each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
June 6, 2023 Item #6 Page 18 of 24
DocuSign Envelope ID: 0741A75E-A9E2-498 1-87EF-86882600AE4C IN WITNESS WHEREOF, the Partie s by and through their respective authorized officia ls, have exec uted this Agree ment effect ive as of the date writte n above.
APPROV ED AS TO FORM:
CINDIE K. McMAHON , City Attorney
BY: 4Uuf ~ f r6sf-
Deputy I Assistant City Attorney
June 6, 2023
SAN DIEGO HUMANE SOCIETY AND S.P.C.A. ,
a Califomia nonprofit corporatio n.
Gary Weitzman, DVM , MPH, CA WA
President and CEO
Item #6 Page 19 of 24
EXHIBIT A
Community Engagement and Services
In addition to those Services identified in Section 1 of the Agreement, SDHS may routinely provide the CITY with the additional "Community Engagement and Services." The services identified below be provided at no additional cost to the CITY unless otherwise specified and is subject to modification at SDHS's discretion based on resources and capacity. Such community engagement and additional services may include:
• Public education.
• Animal behavior modification program.
• Pet education classes.
• Community events.
• Affordable Community Veterinary assistance programs such as:
‒ Spay/Neuter Services
‒ General medical veterinary care – preventative and basic sick care > Ear cleanings
> Nail Trims
> Bloodwork
> Deworming
‒ Wellness resources including vaccines, flea medications and education ‒ Pharmacy services
• Vaccinations including rabies clinics
• Microchipping.
• Safety net service programs.
• Owner requested euthanasia.
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C June 6, 2023
Item #6 Page 20 of 24
EXHIBIT B
Calls for Service - Priority Categories
Priority Categories Response Time Example of Call
Priority 1 Within 30 Minutes Persons in Danger
Animal in Immediate Danger
Urgent Medical Care Needed
Animal in Secured Vehicle ("Hot Dog")
Animal Fighting Cases
Intentional Cruelty In-Progress
Assist Public Safety Agency
Bite to Person (Animal Not Contained)
Exigent Circumstances
• Gunshot
• Stabbing
• Broken Bones
• Serious Open Wounds
• Visibly Injured/frapped Animal
Street Sale of Animals (after all other
Priority 1 Calls are Handled)
Priority 2 Within 3 Hours In-Progress Incidents Not Reaching Priority 1 Bite to Person (Animal Contained - Reported
within 24 Hours)
Running-At-Large (In Progress)
Abandonment
Captured/Caged Animals/Confined Strays
Priority 3 Within 12 Hours Intentional Cruelty (Not In-Progress) Non-Life Threatening Medical Care Needed
Non-Exigent Circumstances
• Skin Infections
• Emaciated
• Over-Grown Hooves
Hoarding - No Immediate Emergency
After-the-Fact Bite (Reported After 24 Hours)
Priority4 Within 24 Hours Check the Well-Being with a Reporting Party No Water (Temperature Dependent)
Emaciated (Thin or Bones Showing)
Lead/Leash too Short
Inadequate or No Shelter
Even Sale of Animals (i.e., Flea Markets)
Priority 5 Within 48 Hours Check the Well-Being- No Reporting Party Running-at-large (Not in Progress)
Pet Shop Inspections
Rodeo or Circus Inspections
Kennel Inspections
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C June 6, 2023
Item #6 Page 21 of 24
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C June 6, 2023
Item #6 Page 22 of 24
ANIMAL SERVICES CONTRACT- COMPENSATION AND PROJECTED COSTS FY 2023-24
ANNUAL COMPENSATION FROM CARLSBAD
FY 2022-23 FY 2023-24
$720,000.00 $720,000.00
Annual change in CPI for All Urban Consumers in San Diego
PROJECTED ANIMAL SERVICES COSTS FOR CARLSBAD
Animal Care
Admissions
Veterinary
Adoptions
Retail
Guest Relations
Foster
Licensing
Humane Law Enforcement
Rescue & Recovery
Community Engagement
Community Programs
Program Administration
Facilities & Support Services
Adminstration
Human Resources
Information Technology
Philanthropy
Communications
Project Wildlife
TOTAL EXPENSES
ADJUST FOR SPACE USED
ADJUST FOR SPACE PROVIDED
ADJUST FOR FLEET REPLENISHMENT
ADJUS T FOR DISPATCH RADIO REPLACEMENT
TOTAL ADJUSTED EXPENSES
LESS: Licensing & Other Fees
NET PROJECTED COSTS AFTER FEES
COMPENSATION ACKNOWLEDGEMENT
CHANGE
$0.00 0.0%
7.7%
162,854
38,315
99,656
32,831
44,468
8,793
42,218
284,375
3,947
25,265
34,060
8,948
24,447
3,361
2,403
815,942
8,803
16,052
17,1 28
857,924
136,889
721,035
The City acknowledges compensation to be paid to San Diego Humane Society for the 2023-24 fiscal year will be $720,000 .00 billed monthly at $60,000 .00 ~ ~ ~
Signature
Print Name
Polic
e Department
2560 Orion Way ï Carlsbad, CA 92010 ï 442-339-2100
Memo
randum
April 24, 2023
To: Roxanne Muhlmeister, Assistant Finance Director/Purchasing Officer From: Amanda Baker, Management Analyst
Via: Mickey Williams, Chief of Police
Re: Bid Exemption Request for Animal Control Services (Districts – All)
This le
tter requests authorization for an exemption to the bidding process per Purchasing Code
3.28.110(B). The code provides a bidding exemption for goods, services and/or professional services that can be reasonably obtained only from a single source.
The police department is in the process of renewing our contract with the San Diego Humane Society for animal control services. City Council approved a sole source contract in 2018 and we have been contracted with San Diego Humane Society for the past five years. The contract is set to expire on June 30, 2022. The City of San Diego released a Request for Information regarding animal control services in October 2022. The City of San Diego’s procurement manager advised they only received one response from the San Diego Humane Society and awarded a sole source contract.
Since 2018, the San Diego Humane Society personnel have demonstrated their competence and professional qualifications necessary for the satisfactory performance of animal control services.
Due the unique capabilities and services of the San Diego Humane Society, the city has the option to sole source them to continue to provide animal control services. Animal control services are a necessary and desirable service to provide to the community. It is in the City of Carlsbad’s best interest to retain these specialized, professional services to provide animal control and sheltering services. The San Diego Humane Society ensures proper, humane, and efficient handling, ownership, treatment and disposition of dogs, cats, and other domestic animals. They also ensure the enforcement of laws, ordinances and regulations of the State of California and City of Carlsbad concerning the regulation, licensing, impounding and disposition of dogs, cats, and other domestic animals within the city. The complete scope of services is defined in Attachment A. In addition to the services listed above, the San Diego Humane Society may routinely provide community engagement and services such as public education, community events, vaccinations, and microchipping. The complete list of community engagement and services can also be found in Attachment A.
The contracted amount of $720,000 was included in the police department’s requested operating budget for FY23-24. The annual net cost of the contract will be determined using a June 6, 2023
Item #6 Page 23 of 24
{city of
Carlsbad
Memo – Bid Exemption Request for Animal Control Services Ma
rch 28, 2023
formula based on actual historical expenses including but not limited to animal intake, vet provided services, licenses issued and calls for service. The annual payments shall not increase by more than the annual increase in the Consumer Price Index for All Urban Consumers (CPI-U), San Diego Area, plus 3%, unless agreed in writing by both parties.
Carlsbad Police Department requests a sole source exemption to execute a contract with the San Diego Humane Society. The term of the agreement is for 36 months, commencing on July 1, 2023 and terminating on June 30, 2026. The San Diego Humane Society and the city may extend the agreement for two one-year periods. If approved, Carlsbad Police Department will follow
3.28.050(D)(4) of the Carlsbad Municipal Code stating that City Council shall be the awarding authority for procurement of services and professional services for which the cost to the city is more than $100,000 per agreement year.
Approval for Exemption
________________________ _______________
Roxanne Muhlmeister, Date
Assistant Finance Director/Purchasing Officer
Attachment: A. San Diego Humane Society Contract
5/30/2023
June 6, 2023
Item #6 Page 24 of 24