HomeMy WebLinkAbout2018-04-24; City Council; Resolution 2018-060RESOLUTION NO. 2018-060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ANIMAL SERVICES AGREEMENT WITH THE SAN DIEGO HUMANE SOCIETY
FOR ANIMAL CONTROL SERVICES IN FISCAL YEAR 2018-19 IN AN
AMOUNT NOT TO EXCEED $941,341
EXHIBIT 1
WHEREAS, animal control services provided to the City of Carlsbad by the County of San Diego
Department of Animal Services will terminate on June 30, 2018; and
WHEREAS, the San Diego Humane Society (SDHS) has proven to be the most competitive service
provider; and
WHEREAS, the Animal Services Agreement for FY18-19 is not to exceed $941,341; and
WHEREAS, the term of agreement is for a period of thirty-six months commencing on July 1,
2018 and terminating on June 30, 2021; and
WHEREAS, SDHS and the city may extend the agreement for two one-year periods; and
WHEREAS, it is necessary and desirable to continue providing animal control services for the
City of Carlsbad; and
WHEREAS, the police department, County of San Diego Animal Control, and SDHS have
developed a timeline and plan fo~ transitioning between service providers.
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 agreements.
April 24, 2018 Item #12 Page 4 of 71
EXHIBIT 1
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of April 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
M. Hall.
N, Mayor Pro Tern
(SEAL)
April 24, 2018 Item #12 Page 5 of 71
ANIMAL SERVICES AGREEMENT
This Animal Services Agreement ("Agreement") is entered into effective the 29th day of
March, 2018 ("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"). This Agreement is made with
reference to the following recitals.
RECITALS
A. It has been determined to be in the CITY' s best interest to retain specialized,
professional services to provide animal control and sheltering services since the CITY does not
provide such services.
B. The CITY desires to contract with SDHS as an independent contractor and SDHS
desires to provide services to the CITY as an independent contractor.
C. SDHS personnel have demonstrated their competence and professional
qualifications necessary for the satisfactory performance of the services designated herein by
virtue of their experience, training, education and expertise.
D. The purpose of this Agreement is to ensure the proper, humane and efficient
handling, ownership, treatment and disposition of dogs, cats and other domesticated animals,
and to ensure the enforcement oflaws, ordinances and regulations of the State of California and
of the 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. SCOPE OF SERVICES. SDHS shall 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 routinely provide 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 is subject to modification at SDHS's discretion based on resources and capacity.
1.1. Animal Sheltering. SDHS shall provide the CITY with animal shelter services
consistent with public shelter functions to received and care for all dogs, cats and other domestic
animals seized or of impounded by Animal Field Services or delivered by members of the
general public, provide humane disposition of animals, euthanizing, if warranted, and disposing
of euthanized animals and deceased animals brought in by CITY residents. More specifically,
SDHS shall maintain animal shelters at 2905 San Luis Rey Road and 572 Airport Road,
Oceanside, California ( collectively, the "Shelter"), which shall be open for public service and
operation during reasonable days and hours of operation similar to other such facilities within
the County of San Diego ("County"), and which shall comply with the standards described by
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the laws of the State of California, and the ordinances of the County and the CITY. Such animal
shelter services shall include :
a. The housing and care of stray domestic animals for the legal hold period
according to the laws of the State of California, and the ordinances of the
County and the CITY.
b. The housing and care for domestic animals 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 police and animal cruelty holds for fourteen (14)
days.
d. Providing lost and found opportunities for the general public for domestic
animals brought to the Shelter.
1.2. Animal Sheltering Criteria. SDHS animal sheltering Services shall include:
a. Feed, care for, and the disposition of all animals coming into the possession
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 properly care
for the animals.
c. Manage the dog license program within the CITY to include:
1. Maintaining files including current and expired dog license and the
owners who live within the CITY for the past three (3) years.
11. Issuing or causing to be issued new and renewed licenses to dog
license applicants within the CITY.
u1. Investigate and issue when appropriate Service Dog Licenses within
the CITY.
1v. Issuing or causing to be issued Dangerous Dog licenses as directed
by the CITY after the City Manager or his/her designee has declared
a dangerous animal and all proceedings under Title 7 -Animals and
Fowl of the CITY Municipal Code have been concluded or waived.
v. Conducting follow-up enforcement of licensing and rabies
vaccinations within the CITY.
1.3. Animal Field Services. SDHS shall humanely and efficiently enforce all
applicable animal field service laws, regulations, ordinances and codes of the CITY (and any
County laws, regulations and ordinances as adopted by the CITY) pertaining to animal field
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services with respect to the scope of work set forth below. SDHS shall provide the CITY with
the following animal field services in response to complaints generated by the public, law
enforcement and the CITY:
a. Investigation and enforcement of animal 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 enforcing rabies quarantine
requirements.
e. Investigation and enforcement of vicious or dangerous dog complaints and
activities associated therewith.
f. Patrolling and impounding dogs.
1.2. Picking up and caring for stray and abandoned domestic animals contained by citizens
and found within the City limits.
1.3. Animal Field Services Requirements. SDHS animal field service requirements
include:
a. SDHS shall perfonn the Services m accordance with all laws and regulations
applicable to the CITY.
b. SDHS shall provide daily the appropriate number of Humane Officer(s) (as defined
below) and an animal containment vehicle(s) and equipment for the performance of animal field
services.
c. SDHS shall humanely and efficiently enforce all laws of the State of California, the
County, and the CITY pertaining to animal field services that are within the scope of SDHS's
obligations under this Agreement. In the event that new laws enacted after the Effective Date
of this Agreement would require increased services by SDHS, such additional services shall be
added to the Services only upon agreement by the Parties (including compensation).
d. SDHS Humane Officers (as defined below) and duly trained license coordinators are
authorized to issue criminal and/or administrative citations for violations of CITY animal field
service laws, and to issue notices as provided by Jaw. SDHS's Humane Officers (as defined
below) shall prepare appropriate reports concerning violations, file such reports with the
applicable authority when necessary, and stand ready and available to testify in a court or
administrative hearing when called upon to do so concerning such violations.
e. SDHS shall respond to calls for animal field services between the hours of 8:00 a.m.
to 5:00 p.m. daily ("Field Service Hours"). Based on the priority of the call, SDHS will respond
within the times included in Exhibit 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.
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An after-hours duty officer shall provide emergency responses to Priority One calls only during
non-Field Service Hours upon receipt of such a call from an authorized CITY official. "Priority
One" calls are defined as a prompt, essential emergency response for the following:
a. Any law enforcement agency requesting immediate emergency assistance.
b. Animal 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.
c. Any act of cruelty and/or neglect to animals that is in progress or which places
an animal in imminent danger.
d. Any domestic animal either known to be dangerous or vicious by previous
determination in an administrative hearing or one that is perceived to be an
immediate threat or menacing those individuals reporting the event.
e. Any live domestic animal, which is presenting an immediate hazard to humans,
such as a live domestic animal in traffic lanes of a major thoroughfare or
highway.
f. Any domestic animal that is sick, injured and in immediate danger.
2. SDHS PERSONNEL. SDHS shall employ appropriate personnel and staff to assist and
carry out its duties and obligations of this Agreement.
2.1. Humane Officers. SDHS shall have at all times during the term of this Agreement a
reasonable number of Humane Officers qualified under California Corporations Code
section 14502 and California Penal Code section 830.9 capable of performing and enforcing the
provisions of the CITY ordinance related to domestic animals. They shall not carry firearms in
the perfonnance of their duties but may carry non-lethal weapons. Each Humane Officer shall
complete within one (1) year of date of hire or within one (1) year of the Effective Date of this
Agreement, a course in training related to the exercise of his/her powers, which course shall meet
the minimum standards prescribed by the Commission on Peace Officer Standards and Training
and the State Humane Association of California.
2.2. Performance Standards. SDHS agents and employees shall treat the public with
courtesy and respect at all times in performing al I duties and obi igations under this Agreement.
2.3. Compliance with Laws. SDHS shall comply with personnel policies and
procedures that conform to federal and state laws with respect to hiring and firing practices.
3. OBLIGATIONS OF THE CITY. The CITY shall provide the following to assist
SDHS in performing required animal control functions under this Agreement.
3.1. The CITY shall provide space in and/or near a CITY facility in order to conduct animal
field services duties. Such space will include access to a telephone service and internet access.
3.2. CITY will provide training on specific CITY processes and other municipal
techniques that humane officers may be expected to carry out.
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3.3. The CITY shall provide a "Temporary Animal Holding Facility," as depicted in
Exhibit C attached hereto and incorporated herein by reference, for the holding of animals for a
period not to exceed the end of the daily Field Services Hours.
3.4. The CITY shall endeavor to work with the SDHS in suppo1i of the licensing
programs geared towards increased compliance, higher return owner rates, reduction in
the number of animals needing housing care, and protecting residents against dangerous
and/or vicious dogs and habitual offenders of animal laws.
4. REPORTS AND RECORDS.
4.1. Quarterly Reports. SDHS shall prepare quarterly reports to the CITY which shall
provide the following information: (i) animal shelter operations (as it pertains to the
Agreement), including the number of stray animals impounded, number of days held, and their
disposition); (ii) all administrative citations processed; and (iii) animal field service activities
including the number and type of incidents or reports investigated.
4.2. Governmental Reports. Should the CITY be required to furnish information to any
other government 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. Complaint Log. SDHS shall maintain a database or log containing the following
infonnation regarding complaints, provided that such information is available to SDHS and is
not subject to confidentiality restrictions, whether written or otherwise: name, address and
telephone number of the person registering the complaint; type of complaint; and the actions
taken by SDHS.
4.4. 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 information required by
Section 4.1 for the preceding year.
4.5. Record Retention. All records and information required to be kept by SDHS pursuant
to this Agreement shall be kept for a minimum of at least three (3) years unless required by law
to be kept for a longer period.
5. COMPLIANCE WITH LAWS. All work by SDHS shall be performed in accordance
with applicable city, state and federal laws, statutes and regulations.
6. LICENSE, PERMITS, ETC. SDHS represents and declares to CITY that it has all
licenses, permits, qualifications, and approvals 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
approval which is legally required for SDHS to practice its profession. SDHS shall obtain and
maintain a CITY business license during the term of this Agreement.
7. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement,
SDHS, any employees of SDHS and any subcontractors employed by SDHS shall be an
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independent contractor and shall not be an employee of the CITY. The CITY shall have the right
to control SDHS only insofar as the results of SDHS's Services rendered pursuant to this
Agreement; however, the CITY shall not have the right to control the means by which SDHS
accomplishes its Services.
Neither SDHS nor SDHS's employees shall in any event be entitled to any benefits to which
CITY employees are entitled, including, but not limited to, overtime, any retirement benefits,
workers' compensation benefits, any injury leave or other leave benefits, SDHS being solely
responsible for all such matters, as well as compliance with social security and income tax
withholding and all other regulations and laws governing such matters.
8. WORKERS' COMPENSATION. Pursuant to California Labor Code section 1861 ,
SDHS hereby certifies that SDHS is aware of the provisions of Section 3 700 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 certification of proof of compliance as a
part of this Agreement.
9. NO CONFLICT OF INTEREST. SDHS shall not enter into any other contract which
conflicts with its obligations under this Agreement. For the limited purpose of interpreting this
section, SDHS shall be deemed a "city officer or employee," and this section shall be interpreted
in accordance with the California Government Code section 1090.
10. OWNERSHIP OF DOCUMENTS.
1 Ool. 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.
10.2. Animal license information and data, including, but not limited to, animal owner
identification and address, animal name, 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 within thirty (30) days of the CITY's request.
11 . COMPENSATION. SDHS shall receive the fo llowing compensation for the performance
of the Services.
11 .1. Payments by the CITY. The CITY shall make payments to SDHS as follows:
For the first twelve (12) month term of this Agreement, "Year 1 Compensation" (July 1,
2018 through June 30, 2019), compensation shall be $941,341.00, or $78,445.08 per
month for each month.
11.2. Formula to Calculate Payments by the CITY. For future years of the contract
after Year 1 the formula in calculating payments by the CITY for services provided by SDHS
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shall be based on projected costs for service and:
a. The categories of total calls for service, animal intake and current population will be
calculated for the following cities: Santee, Solana Beach, Carlsbad, Encinitas, Del
Mar and San Diego. SDHS reserves the right to contract with additional
municipalities to provide substantially similar Services as contemplated in this
Agreement. In such an event, the calculation described herein will likely change.
SDHS will provide the CITY with adequate notice of the new calculation.
b. The totals for each city in each category of sub-section (a) will be combined to
determine an overall total for calls for service, total animals taken in, and total
population.
c. The CITY's compensation shall be based on their percentage of the total sum
calculated in sub-section (b) calculated by using the mean percentages of the
previous Fiscal Year's calls for service, animal intake, and human population as
reported by the California Department of Finance.
d. For "Year 2 Compensation" SDHS shall provide data, by city, for the period of July
1, 2018 to December 31, 2018 for total calls for service, animal intake, and current
population as listed in 11.2, sub-section (a) no later than April 1, 2019. Year 2
Compensation will be provided no later than April 1, 2019.
e. For "Year 3 Compensation" SDHS shall provide data, by city, for the period of
January 1, 2019 to December 31 , 2019 for total calls for service, animal intake, and
current population as listed in 11.2, sub-section ( a) no later than April 1, 2020. Year
3 Compensation will be provided no later than April 1, 2020.
11.3. Population Estimates. The CITY's Population shall be based on the most recent
estimates provided by the California Department of Finance.
11.4. Other Revenue. SDHS shall be entitled to retain as compensation for the Services:
(i) all reasonable user fees, service charges and proceeds collected by SDHS in connection with
licensing, impounds, and redemption of domestic animals from the Shelter, (ii) any fines received
by SDHS or the CITY arising out of any administrative citations issued by Humane Officers; and
(iii) any other non-citation related revenue generated as a result of this Agreement. All user fees
and service charges shall not exceed the reasonable cost of providing the service.
12. DISASTER RELIEF SERVICES. SDHS shall be designated the "Essential 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, including staff overtime and equipment purchases and rentals, incun-ed by
SDHS with respect to additional services provided by SDHS in connection with any disaster relief
effort and which are eligible for reimbursement to Federal Emergency Management Agency
("FEMA") Disaster Assistance Policy 9523 .19 or any successor disaster assistance policy
promulgated by FEMA. The CITY shall promptly reimburse SDHS for such costs and expenses,
provided the CITY has received reimbursements from FEMA. SDHS shall provide any available
supporting documentation requested by the CITY for any funding or reimbursement request
regarding the disaster that is made to any governmental agency.
13. TERM AND TERMINATION.
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13.1. Term. The term of this Agreement shall be for the period of thirty-six (36) months
commencing on July 1, 2018 and terminating on June 30, 2021.
13.2. Mutually Agreed Extension. Following the expiration of the initial term of this
Agreement, SDHS and CITY may extend this Agreement for two (2) one-year periods with any
necessary revisions under the written consent of both Parties.
13.3. Administrative Extension. Upon the expiration of the term of this Agreement, the
Parties retain the right to extend the Agreement for a period of 120 days in order to finalize a new
Agreement.
13.4. Termination for Convenience. Either party shall have the right to tenninate this
Agreement, with or without cause, by providing the other party with one ( 1) year prior written
notice.
13 .5. Termination for Cause. At any time during the term of this Agreement, in case of
material breach of this Agreement by either party, the non-breaching party shall have the right to
terminate this Agreement by giving the breaching party written notice of such breach and
demanding that such 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 undisputed, ten [ 1 O] 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 action. In the event a longer notice or cure period is
required by applicable law, the cure period specified in this section or the effective date of
termination shall conform to, but not exceed, such requirement.
13 .6. Compensation 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 entitled to receive the compensation and fees accrued through the effective
date of termination.
14. INDEMNIFICATION. To the fullest extent permitted by law, SDHS shall indemnify,
defend, and hold harmless the CITY, and its officers, officials, agents and employees from any
and all claims, demands, costs or liability 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 willful misconduct of SDHS, its employees, agents, and subcontractors in the
performance of Services under this 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 expense arising from the active or sole negligence or willful misconduct by
the CITY or its elected officials, officers, agents, and employees. SDHS's indemnification
obligations shall not be limited by the insurance provisions of this Agreement. The Parties
expressly agree that any payment, attorneys' fees, costs or expense CITY incurs or makes to or
on behalf of an injured employee under the CITY's self-administered workers' compensation is
included as a loss, expense, or cost for the purposes of this Section, and that this section will
survive the expiration or early termination of this Agreement for a period of two (2) years.
15. INSURANCE.
15 .1. SDHS shall procure and maintain for the duration of the Agreement insurance against
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claims for injuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder and the results of that work by the SDHS, their agents,
representatives, employees or subcontractors. Insurance shall be placed with insurers with a
current A.M. Best's rating of no less than "A" and "VII" unless otherwise approved in writing by
the CITY' s Risk Manager.
15 .2. SDHS's liabilities, including but not limited to SDHS's indemnity obligations, under
Section 14 of this Agreement, shall not be deemed limited in any way to the insurance coverage
required herein. Maintenance of specified insurance coverage is a material element of this
Agreement.
15.3. Types and Amounts Required. SDHS shall maintain, at minimum, the following
insurance coverages for the duration of this Agreement:
a. Umbrella Liability Policy. SDHS shall maintain an Umbrella Liability Policy with
an aggregate limit of not less than Ten Million Dollars ($10,000,000), which limits may be
satisfied by a combination of primary and excess liability insurance
b. Commercial General Liability (''CGL "). SDHS shall maintain CGL Insurance
written on an ISO Occurrence fonn or equivalent providing coverage at least as broad which shall
cover liability arising from any and all personal injury or prope1iy damage in the amount of
$1 ,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no
endorsement or modification of the CGL limiting the scope of coverage for either insured vs.
insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
c. Commercial Automobile Liability. SDHS shall maintain Commercial Automobile
Liability Insurance for all of the SDHS's automobiles including owned, hired and non-owned
automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of
this form or an equivalent form providing coverage at least as broad for bodily injury and property
damage for a combined single limit of $1,000,000 per occurrence. Insurance certificate shall
reflect coverage for any automobile (any auto).
d. Workers ' Compensation. SDHS shall maintain Workers' Compensation insurance
for all of the SDHS's employees who are subject to this Agreement and to the extent required by
applicable state or federal law, a Workers' Compensation policy providing at minimum
$1 ,000,000 employers' liability coverage. SDHS shall provide an endorsement that the insurer
waives the right of subrogation against the CITY and its respective elected officials, officers,
employees, agents and representatives.
15.4. Additional Required Provisions. The commercial general liability and automobile
liability policies shall contain, or be endorsed to contain, the following provisions:
a. The CITY, its officers, officials, employees, and representatives shall be named as
additional insureds. The CITY' s additional insured status must be reflected on additional insured
endorsement form which shall be submitted to the CITY.
b. The policies are primary and non-contributory to any insurance that may be carried
by the CITY, as reflected in an endorsement which shall be submitted to the CITY.
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15 .5. Verification of Coverage. SDHS shall furnish the CITY with original certificates and
amendatory endorsements effecting coverage required by this Section 15. The endorsement
should be on forms provided by the CITY or on other than the CITY' s forms provided those
endorsements conform to CITY requirements. All certificates and endorsements are to be
received and approved by the CITY before work commences. The CITY reserves the right to
require complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications at any time.
15.6. Subcontractor Coverage. SDHS shall also require each of its subcontractors to
maintain insurance coverage that meets all the requirements of this Agreement.
15.7. CITY Options. SDHS agrees that if it does not keep the aforesaid insurance in full
force and effect, the CITY may either: (i) despite section 13 , above, immediately terminate this
Agreement; or (ii) take out the necessary insurance and pay, at SDHS's expense, the premium
thereon.
16. CUSTOMARY SERVICES. SDHS shall be permitted without the CITY's prior written
consent to enter into agreements with third party providers of services that are customary in the
industry to assist SDHS to carry out its day-to-day operations.
17. NON-DISCRIMINATION. SDHS shall not discriminate against any employee or
applicant for employment because of sex, race, color, age, religion, ancestry, national origin,
disability, military or veteran status, medical condition, genetic information, gender expression,
marital status, or sexual orientation. SDHS shall take affirmative action to insure that applicants
are employed and that employees are treated during employment without regard to their sex, race,
color, age, religion, ancestry, national origin, disability, military or veteran status, medical
condition, genetic information, gender expression, marital status, or sexual orientation and shall
make reasonable accommodation to qualified individuals with disabilities or medical conditions.
Such action shall include, but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeship. 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-discrimination notices provided by
CITY setting forth the provisions of this non-discrimination clause.
18. 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 agreements.
18.2. Notices. Any notices given under this Agreement shall be in writing and shall be
served either: (i) by hand delivery; (ii) by U.S. mail, postage prepaid, registered or certified mail,
return receipt requested; or (iii) by transmittal over an electronic transmitting device (with
confirmation of receipt), such as facsimile or email, provided that a complete copy of any notice
so transmitted shall also be mailed by U.S. mail. Notices shall be deemed received at the earlier
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
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other parties hereto in the manner provided above. Initial notice addresses are as follows:
To the CITY:
With a copy to:
To SDHS:
With a copy to :
[Inse1i]
[Insert]
San Diego Humane Society
5500 Gaines Street
San Diego, California 92110
Attn: Julianna Tetlow, Director of Government Relations
Fax: 619-299-0198
Email: JTetlow@sdhumane.org
Sheppard, Mullin, Richter & Hampton LLP
501 W. Broadway, 19th Floor
San Diego, California 92101
Attn: Whitney Hodges, Esq.
Email: whodges@sheppardmullin.com
18.3. Interpretation; Drafting. This Agreement shall be construed equally 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 provision contained
herein or therein, and such prior drafts shall be inadmissible in any proceeding at which any such
provision is to be interpreted.
18.4. Headings. The headings 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
interpretation of this Agreement.
18.5. No Third party Beneficiaries. The covenants contained herein are made solely for
the benefit of the parties hereto and successors and assigns of such parties as specified herein,
and shall not be construed as having been intended to benefit any third party which is not a party
to this Agreement.
18.6. Severability. If any provision of this Agreement or a portion thereof is held, by a
court of competent jurisdiction, to be illegal or invalid, such provision or portion thereof shall be
deemed to be severed and deleted; and neither such provision, its severance or deletion shall affect
the validity of the remaining provisions 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
right arising from any breach or failure to perform shall be deemed to be a waiver of any such
SMRH485643245.9 -11-
April 24, 2018 Item #12 Page 16 of 71
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.
18.10. 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.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
SMRH485643245.9 -12-
April 24, 2018 Item #12 Page 17 of 71
IN WITNESS WHEREOF, the Parties by and through their respective authorized officials,
have executed this Agreement effective as of the date written above.
SAN DIEGO HUMANE SOCIETY AND S.P.C.A.,
Title: President and CEO
Date: March, 29, 2018
Date: -------------------
SMIU1~85643245.9 -13-
April 24, 2018 Item #12 Page 18 of 71
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 will 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.
• Seasonal 24-hour kitten nursery.
• Pet education classes.
• Community events.
• Disaster response such as:
o Specialized Disaster Response Emergency Team.
o Large and small animal evacuation; and
o Large and small animal sheltering.
• Affordable Community Veterinary assistance programs such as:
o Spay/Neuter;
o Vaccinations including rabies clinics; and
o Microchipping.
• Safety net service programs.
• Owner requested euthanasia.
SMRH:485643245.9 -14-
April 24, 2018 Item #12 Page 19 of 71
EXHIBITB
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/Trapped 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)
Priority 4 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
SMRH485643245.9 -15-
April 24, 2018 Item #12 Page 20 of 71
What is San Diego Hu mane Society's policy about euthanizing an animal?
The decision to euthanize a pet is never one that is easily made. When an owner relinquishes an
animal to San Diego Humane Society we evaluate the pet to determine if they are suitable for
adoption. Pets that are healthy, treatable or manageable are provided with the necessary care to
prepare them for new homes. A pet is deemed unhealthy and not suitable for adoption only when
severe medical issues adversely affect the pet or when behavioral conditions make it a danger to
humans, other animals or themselves.
Through the generosity of donors and dedicated staff, San Diego Humane Society has resources for
managing pets who present behavioral or medical conditions and rehabilitating them for adoption.
Most importantly, the decision to euthanize a pet is not made by one single staff member. There is
a rigorous process to make sure euthanasia is the absolute last resort. The decision is taken very
seriously with many checks and balances. A minimum of two senior-level animal welfare experts
need to agree this is the best option for the animal before euthanasia is performed. If our
veterinarians have determined an animal cannot be stabilized in order to reach out to rescue
groups, we will proceed with humane euthanasia to alleviate pain and suffering.
Last year, SDHS placed more than 1,000 pets that would typically be euthanized in other shelters.
Over the course of the past three years, we saved 2,724 unhealthy/untreatable animals by
transferring them to rescue groups or adopting them to the public. Many of these animals came to
us suffering from chronic illness, challenging behavior or a terminal disease that deems them
unhealthy. Despite their prognosis as unhealthy/untreatable, if we believe that it is in the best
interest of the animal, we will continue to work to find a loving home for them.
San Diego Humane Society has achieved a 94 percent live release rate for the past four years and
has not euthanized a healthy or treatable animal since 2001. We continue to pledge that no healthy
or treatable animal entering a San Diego Animal Welfare Coalition shelter is in danger of euthanasia
thanks to the collaboration with local shelters and rescue groups.
The initiative to reach zero euthanasia of healthy and treatable animals throughout San Diego
County resulted in a landmark accomplishment in July of 2015; an achievement made possible
through a partnership with the San Diego Animal Welfare Coalition that has been working together
since 2005 . The eight local animal shelters committed to maintaining this lifesaving goal include
Friends of Cats, Inc., City of Coronado, County of San Diego Department of Animal Services, City of
Chula Vista, Rancho Coastal Humane Society, City of El Cajon Animal Shelter, and most recently
House Rabbit Society.
All members of the SDAWC have agreed to standard criteria for identifying treatable and healthy
animals in their shelter populations. Our teamwork over the past 13 years has enabled San Diego to
stand alone among the country's 10 largest cities for attaining zero euthanasia. The SDAWC
achieved this goal while reaching a coalition live release rate of nearly 90 percent. The rescue
community was vital to this success of attaining zero euthanasia for healthy and treatable animals
due to their commitment to working with local shelters. Staying at zero will require all animal
welfare advocates working together, shelters and rescues alike.
1
Exhibit 2
April 24, 2018 Item #12 Page 21 of 71
San Diego Humane Society's Euthanasia Statistics for Unhealthy/Untreatable Pets
July 1, 2016-June 30, 2017
BelaavJer-171
MIJ(JiO(I/ 667
ComMinatisn 66
Total 904
July 1, 2017-Feb 28, 2018 (Fiscal Year to Date)
SDHS Unhealthy f11thsnt?Wa By Category
BfdiMlfi&r 108
MediUJJ 515
Explanation of Standards:
67
690
The standards set for treating healthy and treatable animals are called the Asilomar Accords.
The accords were established for the purpose of building bridges across varying philosophies,
developing relationships, agreeing on common definitions and gathering statistics in a
standardized format. More information here » Asilomar Accords .
San Diego Animal Welfare Coalition is responsible for creating and agreeing to a set of criteria
that go above and beyond the Asilomar Accords to define unhealthy/untreatable for San Diego
County as a part of Getting to Zero. The members of the SDAWC use the guidelines for making
decisions on how to care for healthy and treatable animals in their shelter and rescue
populations. The criteria also serve as an important tool for consistently tracking the progress
of eliminating the euthanasia of healthy and treatable animals. More information here»
Getting to Zero
Frequently Asked Questions About Euthanizing Animals.
Q. What constitutes an animal being treatable?
A. The word treatable describes any medical or behavioral issues that can be corrected with the
appropriate treatment. For example, an animal with a broken leg is considered medically
treatable since this injury can be remedied with veterinary care. An exa mple of a behaviorally
treatable condition would be an animal that comes in displaying shy/fearful behaviors which
prevent normal interaction with humans. This behavioral condition may be treatable through
2
April 24, 2018 Item #12 Page 22 of 71
work with specialized trainers so that animals can learn to become comfortable and thrive with
people or things that previously scared them.
Q. What constitutes an animal being unhealthy and untreatable?
A. The term "unhealthy and untreatable" means and includes all dogs and cats who, at or
subsequent to the time they are taken into a shelter or rescue :
• have a behavioral or temperamental characteristic that poses a health or safety risk or
otherwise makes the animal unsuitable for placement as a pet, and are not likely to
become healthy or treatable even if provided the care typically provided to pets by
reasonable and caring pet owners/guardians in the community; or
• are suffering from a disease, injury, or congenital or hereditary condition that adversely
affects the animal's health or is likely to adversely affect the animal's health in the
future, and are not likely to become healthy or treatable even if provided the care
typically provided to pets by reasonable and caring pet owners/guardians in the
community; or
are under the age of eight weeks and are not likely to become healthy or treatable, even
if provided the care typically provided to pets by reasonable and caring pet
owners/guardians in the community.
Q. Are all unhealthy/untreatable pets euthanized?
A. Not at all. Last year, SDHS placed more than 1,000 pets that would typically be euthanized in
other shelters. Over the course of the past three years, we saved 2,724 unhealthy/untreatable
animals by transferring them to rescue groups or adopting them to the public. Many of these
animals came to us suffering from chronic illness, challenging behavior or a terminal disease
that deems them unhealthy. Despite their prognosis as unhealthy/untreatable, if we believe
that it is in the best interest of the animal, we will continue to work to find a loving home for
them.
Q. What is San Diego Humane Society's policy about euthanizing an animal?
A. The decision to euthanize a pet is never one that is easily made. When an owner relinquishes
an animal to San Diego Humane Society we evaluate the pet both behaviorally and medically to
determine if they are suitable for adoption. Pets that are healthy, treatable or manageable are
provided with the necessary care to prepare them for new homes. A pet is deemed unhealthy
and not suitable for adoption only when severe medical issues adversely affect the pet or when
behavioral conditions make it a danger to humans, other animals or themselves.
Through the generosity of donors and dedicated staff, San Diego Humane Society has resources
for managing pets who present behavioral or medical conditions and can be rehabilitated for
adoption. Most importantly, the decision to euthanize a pet is not made by one single staff
member. There is a rigorous process to make sure euthanasia is the absolute last resort. A
minimum of two senior-level animal welfare experts need to agree this is the best option for
the animal before euthanasia is performed.
3
April 24, 2018 Item #12 Page 23 of 71
Q. What is SDHS's protocol for reaching out to rescue groups for animals slated for
euthanasia?
A. We reach out to rescue groups based on criteria they have provided to us. In some cases, if
the animal is suffering or quality of life is very poor and/or declining rapidly, and our
veterinarians do not believe this condition can be repaired or cured, we may elect to perform
humane euthanasia without reaching out to a rescue because we want to end the animal's
suffering. Rescue groups are welcome to contact us about any of the pets available for adoption
on our website, including the specia l needs pets who enter our care suffering from a chronic
illness, challenging behavior or a terminal disease that deems them unhealthy. They are listed
on the website as well. We also post on social media asking for rescue groups or members of
the public to step forward and transfer/adopt special needs pets. Through this specia l needs
pets' program we were able to save 1,039 unhealthy/untreatable animals last year alone. That's
over 1,000 animals in one year that would typically be euthanized in other shelters. Over the
course of the past three years, we saved 2,724 unhealthy/untreatable animals by transferring
them to rescue groups or adopting them to the public.
4
April 24, 2018 Item #12 Page 24 of 71
Value Added
Program Value
Behavior Center for Shelter Animal in Care $1,020,816
• Behavior Helpline for all Members of the Community
• Pet Education Classes
Communications and Public Engagement $850,223
• Adopt-a-pet Print and Media Broadcast Segments
• San Diego Pets Magazine
• Active Facebook Community -140,000-plus followers
Project Wildlife $777,833
24-Hour Seasonal Kitten Nursery $774,764
Community Engagement $619,538
• Adoptable Animals Events at Offsite Locations, including Mobile Adoptions
• Group/Corporate Service Projects
• Pet-Assisted Therapy
• Pet Loss Support
• Youth Programs, such as Children's Camp, Birthday Parties, Classroom
Visits, Boy/Girl Scouts, Group Tours and Pet Pals Program
Specialty Volunteer Programs
• Animal Operations and Enrichment $543,560
• Animal Rescue Reserve
• Wildlife Transport
PAWS San Diego
$359,127
Brand I Reputation
PRICELESS
TOTAL VALUE ADDED
$4,945,861
Supporting Statistics
SDHSVSDAS
Metric 13/14 14/15 15/16 16/17
Live Release Rate (SDHS) 93% 94% 93% 94%
Live Release Rate (DAS) 81% 83% 85% 85%
HuinaneA.
SOCIETY ,,ll
Exhibit 3
April 24, 2018 Item #12 Page 25 of 71
Supporting Statistics
ADDfflONAL SDHS ANNUAL HISTORICAL PROGRAM STATISTICS
STATISTIC/DEPT 13/14 14/15 15/16 16/17
ANIMALS ADOPTED
Dogs 2,458 4,168 4,542 4,443
Cats 3,596 6,298 7,095 6,833
Small Animals & Horses 463 1,149 741 761
Total Adoptions 6,517 11,615 12,378 12,037
BASIC VETERINARY CARE
Spay/Neuter Surgeries for SDHS Animals 4,455 7,913 8,195 8,278
Spay/Neuter Surgeries for DAS Animals 2,424 2,134 2,715 2,569
COMMUNITY SPAY/NEUTER CLINIC INITIATIVES
Spay Neuter Impact Program (SNIP) 218 203 276 177
Litter Abatement Program 167 103 128 95
East County Animal Rescue (ECAR) 373 511 597 662
Public, Needs-Based Clinics 4,166 4,799 4,776 5,296
Total Community Spay/Neuter 4,924 5,616 5,777 6,230
KITTENS
Total Kittens Admitted 2,740 4,667 5,452 5,150
Total Kitten Adoptions 2,106 3,701 4,111 3,580
Kitten Nursery Live Release Rate 92% 89% 87% 91%
BEHAVIOR AND TRAINING
Animals Enrolled in the Behavior Center 679 578 466
Pre-/Post-Adoption Consultations Provided 490 404 586 239
Behavior Helpline Calls/Emails Received 480 1,365 1,642 1,718
and Answered
Behavior Training Classes Offered to the 90 95 121 144
Public
Registrants Instructed Through Public 534 613 896 1,079
Training Classes /Workshops
FOSTER PROGRAM
Number of Foster Homes 301 659 707 734
Number of Animals in Foster Program 1,411 2,816 3,224 3,677
HufnaneA.
SOCIETY ,,ll
April 24, 2018 Item #12 Page 26 of 71