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HomeMy WebLinkAbout2021-09-28; City Council; ; Contract with the San Diego Humane Society to Shelter Pets Belonging to People Experiencing Homelessness and Appropriation of FundingMeeting Date: Sept. 28, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Jessica Klein, Housing Navigator jessica.klein@carlsbadca.gov, 760-434-5973 Holly Nelson, Senior Homeless Program Manager holly.nelson@carlsbadca.gov, 760-931-3824 Subject: Contract with the San Diego Humane Society to Shelter Pets Belonging to People Experiencing Homelessness and Appropriation of Funding District: All Recommended Action Adopt a resolution authorizing the City Manager to execute a professional services agreement with the San Diego Humane Society to shelter pets belonging to persons experiencing homelessness and appropriating $29,825 from the City Council’s contingency to implement the program in fiscal year 2021-22. Executive Summary There are no emergency homeless shelters in North County that allow for a person to be housed with a pet without the animal being designated as an emotional support or service animal. In an effort to reduce the unsheltered homeless population, among those who want help, by 50% within five years, the City Council passed a package of new initiatives in April 2021 to creatively address the barriers individuals face on the streets that impede their ability to access treatment and shelter. The City Council, at its April 27, 2021 meeting, directed staff to expand the city’s existing animal services contract to include short-term animal boarding of pets belonging to people experiencing homelessness. City staff are now presenting a professional services agreement with the San Diego Humane Society for the City Council’s consideration and recommend the City Council approve the agreement and appropriate the associated funding. Discussion Background During the 2018 Point-in-Time Count, people experiencing unsheltered homelessness in San Diego County were asked about their barriers to accessing emergency shelter. Of those who replied, 12% reported not wanting to leave their family, friends, or pets on the streets. Many people experiencing homelessness own pets; however, most shelters and treatment facilities Sept. 28, 2021 Item #3 Page 1 of 22 have rules and restrictions that prevent them from bringing their animals into these facilities. The city’s Homeless Outreach Team and Housing Navigator have faced this obstacle numerous times when trying to help someone experiencing homelessness access shelter, housing or medical treatment. While it would be ideal to keep the person and pet together, this is not always feasible. This contract would offer an alternative for individuals and families faced with the difficult decision of whether to seek treatment or stay with a beloved pet by providing the animal with shelter, free of charge to the pet owner, so that the person can access care and resources. The proposed contract would allow pet owners to temporarily board their animals up to 14 days while they seek shelter, treatment, hospitalization, or other services. Staff anticipates serving up to 25 animals in the first year. The services provided for an animal during its stay will be: • Board and care • Vaccinations • Identification microchip • Licensing paperwork • Leash and pet carrier • Any needed life-saving medical care, not to exceed $2,500 per animal And, for the owner: • A list of low-cost or free pet resources • A wellness report on their pet The pet owner must sign a consent form and a release of liability to place a pet in the San Diego Humane Society’s care. This program will accept referrals from the city’s Homeless Outreach Team, Homeless Services staff and Police and Fire departments. The San Diego Humane Society will provide transportation for the animals. The Humane Society will coordinate with the pet owners to set up reunification, and the owners or their designees will be responsible for retrieving the animals. The pet must be an animal that is legal to possess and will be given vaccinations as needed for entry into the shelter. The city will receive monthly reports on reunification, adoption, medical services, and euthanasia. This is a new program. Staff will be collecting data to monitor its use and effectiveness. The funding for this program will only be expended if the services are utilized by clients. Fiscal Analysis The total funding required for the initial term of the professional services agreement with the San Diego Humane Society is $29,825. Funding was not allocated for this purpose in the fiscal year 2021-22 budget. Staff recommend that the City Council appropriate $29,825 from the City Council’s contingency balance to the Housing and Homeless Service department’s operating budget to pay or this agreement, as shown in the chart below. Sept. 28, 2021 Item #3 Page 2 of 22 City Council contingency Total appropriation $500,000 Total expenditures/encumbrances $17,200 Total available funding $482,800 Cost of first year contract with San Diego Humane Society $29,825 Remaining balance $452,975 The initial agreement term is through June 30, 2022, with the option to renew for two, one- year extensions upon approval of the City Manager. The total fee payable for the services to be performed during the initial agreement term shall not exceed $29,825. No other compensation for the services will be allowed except for items covered by subsequent amendments to the contract. If the City Council elects to extend the agreement, the amount shall not exceed $29,825 per agreement year. Next Steps Staff will execute the agreement with the San Diego Humane Society and the program will start within 30 days. Environmental Evaluation Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date. Exhibits 1. City Council resolution Sept. 28, 2021 Item #3 Page 3 of 22 RESOLUTION NO. 2021-219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE SAN DIEGO HUMANE SOCIETY TO SHELTER ANIMALS OF PERSONS EXPERIENCING HOMELESSNESS AND APPROPRIATING $29,825 FROM THE CITY COUNCIL CONTINGENCY TO THE HOUSING AND HOMELESS SERVICE DEPARTMENT'S FY 2021-22 OPERATING BUDGET WHEREAS, the City Council approved the city's Homeless Response Plan in Oct. 2017, committing "to reduce the impact of homelessness on city resources and the Carlsbad community while working to meet the complex needs of the homeless"; and WHEREAS, the strategies outlined therein include leveraging, "community partnerships to connect homeless residents to appropriate community services or programs"; and WHEREAS, the City Council approved a Homeless goal work plan to address homelessness in April 2021 with the overarching goal of "reducing the homeless unsheltered population, among those who want help, by 50 percent within five years"; and WHEREAS, there are barriers to finding emergency shelter and treatment for persons experiencing homelessness with animals; and WHEREAS, the City Council directed staff to pursue a professional services agreement to shelter pets belonging to persons experiencing homelessness; and WHEREAS, the proposed Professional Services Agreement between the City of Carlsbad and the San Diego Humane Society would provide short-term emergency boarding to pets belonging to persons experiencing homelessness. 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 is hereby authorized and directed to execute the Professional Services Agreement between the San Diego Humane Society and the City of Carlsbad (Attachment A). 3. That the City Manager is hereby authorized to amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof as needed. Sept. 28, 2021 Item #3 Page 4 of 22 AGREEMENT FOR SHELTERING ANIMALS OF PERSONS EXPERIENCING HOMELESSNESS SAN DIEGO HUMANE SOCIETY AND SPCA THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and San Diego Humane Society and S.P.C.A, a California nonprofit corporation, ("Contractor"). RECITALS A.City requires the professional services to provide animal control and shelteringservices for animals of persons experiencing homelessness. B.Contractor has the necessary experience in providing professional services and advice related to animal sheltering. C.Contractor has submitted a proposal to City and has affirmed its willingness andability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORKCity retains Contractor to perform, and Contractor agrees to render, those services (the"Services") that are defined in attached Exhibit "A", which is incorporated by this reference inaccordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in theMetropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise. 3.TERMThe term of this Agreement will be effective on the date first listed above and expire on June 30,2022. The City Manager may amend the Agreement to extend it for two (2) additional one (1) yearperiods or parts thereof. Extensions will be based upon a satisfactory review of Contractor'sperformance, City needs, and appropriation of funds by the City Council. The parties will preparea written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCETime is of the essence for each and every provision of this Agreement. 5.COMPENSATIONThe total fee payable for the Services to be performed during the initial Agreement term shall notexceed twenty-nine thousand, eight hundred and twenty-five dollars ($29,825.00). No other compensation for the Services will be allowed except for items covered by subsequentamendments to this Agreement. If the City elects to extend the Agreement, the amount shall notexceed twenty-nine thousand, eight hundred and twenty-five dollars ($29,825.00) per Agreement year.Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". Attachment A Sept. 28, 2021 Item #3 Page 6 of 22 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, 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. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating Sept. 28, 2021 Item #3 Page 7 of 22 in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 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 10.1.2 Commercial General Liability (CGL) Insurance. SDHS shall maintain CGL Insurance written on an ISO Occurrence form or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property 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. 10.1.3 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.4 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.5 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. Sept. 28, 2021 Item #3 Page 8 of 22 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Holly Nelson Name Julianna Tetlow Title Senior Homeless Program Manager Title Director of Government Relations Department Housing and Homeless Services Address 5500 Gaines St San Diego, CA 92110 Address 3096 Harding Street Phone No. (619) 299-7012 x 2336 Carlsbad, CA 92008 Email jtetlow@sdhumane.org Phone No. (760) 814-0774 Sept. 28, 2021 Item #3 Page 9 of 22 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and X Sept. 28, 2021 Item #3 Page 10 of 22 put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Sept. 28, 2021 Item #3 Page 11 of 22 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) City Manager or Director (print name/title) ATTEST: By: (sign here) Faviola Medina City Clerk Services Manager (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Allegra Frost, Deputy City Attorney Sept. 28, 2021 Item #3 Page 12 of 22 EXHIBIT “A” SCOPE OF SERVICES Program Overview During the 2018 Point-in-Time Count, volunteers asked those experiencing unsheltered homelessness in San Diego County about their barriers to accessing emergency shelter and 12% reported not wanting to leave their family, friends, or pets on the streets. A significant number of people experiencing homelessness own pets; however, many shelters and treatment facilities have rules and restrictions that prevent them from bringing their animals into these programs. Many of these programs accept service or emotional support animals, but they do not have the capacity to serve the general population. The City of Carlsbad believes it is ideal to keep the person and their pet together, but we recognize this is not always feasible. When faced with the difficult decision of deciding of whether to seek treatment or stay with a beloved pet, the city would like to provide individuals with an alternative option by providing the animal with shelter – free of charge to the owner - to help the person access care and resources. Program Design (A) Provide short-term emergency boarding (up to 14 days) for approximately 25 animals of persons experiencing homelessness within the City of Carlsbad. B) Referrals will only be accepted by the city’s Homeless Outreach Team, Carlsbad Police or approved city staff. The reason for referral may vary based on the individual’s needs (emergency shelter, hospitalization, incarceration, and treatment) and the decision for animal placement will be left up to staff’s discretion. (C) Board and care will be provided to any animal (e.g. dog, cat, rabbit, bird, lizard, snake, fish, etc.) as long as the animal is not identified as illegal to possess. If the animal is identified as illegal to possess, then the San Diego Humane Society (SDHS) staff will follow their Policy and Procedure for animals which are illegal to possess. (D) All expenses, excluding non-urgent medical care, related to board and care of the animal by SDHS will be paid for by the City of Carlsbad and not charged to the pet owner, provided the total fee payable for the Services shall not exceed the $29,825 per Agreement year. These expenses may include, but are not limited to daily boarding rates, vaccinations, microchips, licenses, and life-saving medical care. Life-saving medical care will be capped at $2,500 per animal. (Exhibit “B”). (E) All pet owners will be required to sign a release of liability and program consent form acknowledging the terms, conditions, and risks of the program prior to boarding their animal(s) at the facility. (Exhibit “C”). Pet owners must provide appropriate documentation of the Sept. 28, 2021 Item #3 Page 13 of 22 animal’s vaccination records or they will be required to repeat mandatory vaccines prior to shelter admittance in order to protect and safeguard the other animals at the facility. If a pet owner declines to sign one of the required forms or vaccinations, then the animal will not be allowed to participate in this program. If the animal subsequently ends up in SDHS care, the vaccinations are mandatory and reclaim fees may be charged to the pet owner. The City and SDHS recognize that an animal not participating in this program will likely still end up in the care of SDHS under their e-boarding program. (F) SDHS staff will use reasonable efforts to seek additional consent from the pet owner before conducting any urgent medical treatment or medication; or euthanasia, but life-saving measures may take precedent over consent in certain scenarios. Pet owners will authorize SDHS to provide urgent medical treatment if it is necessary to ease immediate pain and suffering but contact for consent is unsuccessful. Pet owners will also authorize SDHS to make a decision if euthanasia is deemed medically necessary to end immediate, irremediable pain and suffering and attempts at communication for consent are unsuccessful. Any non-urgent medical care or treatment will be at the expense of the owner. SDHS staff will notify the Homeless Program Manager if they have to euthanasia, adopt, or conduct any urgent medical expenses that exceeds $2,500. (G) SDHS staff may subcontract with a third-party veterinary provider for any urgent medical needs outside their scope of practice or after normal business hours; however, the City of Carlsbad shall not be responsible for urgent medical expenses in excess of $2,500 per animal. (H) Pet owners can visit their animal(s) at the facility by appointment only during the following business hours: Tuesday – Sunday from 10 a.m. – 4 p.m. Pet owners can call 619-299-7012 at extension 2856 (dogs) or 2000 (cats and small animals) during business hours to check on the status of their animal. (I) SDHS staff must in good faith try to contact the pet owner to coordinate and plan the animal’s exit. SDHS staff should make at least three attempts via phone, text, email over a 5-day period with the pet owner, their identified emergency contact, homeless outreach team (who tries to locate the pet owner), and city’s homeless program manager prior to the animal’s exit date. • If the pet owner is unable to be contacted, then the animal will follow SDHS’s Policy and Procedure for abandoned animals. • If the pet owner contacts SDHS requesting an extension, SDHS and city staff will discuss the feasibility on a case-by-case basis. • Animals requiring a longer stay may be referred to SDHS’s foster care pilot program with the pet owner consent. • Alternative discharge arrangements will be made on a case-by-case basis with the pet owner’s consent. • No animal transportation will be provided at exit. • Animal(s) will be exited with a discharge report outlining information observed and recorded by SDHS that may include the animal’s vital statistics, medical Sept. 28, 2021 Item #3 Page 14 of 22 record, treatment received, medications and vaccinations received, animal’s affect, diet, behavior, overall health, and any remaining medical needs while being sheltered. SDHS will use their discretion on which pets need to be observed for certain conditions. Some pets will not be observed for any of the listed items. Pet resources for low-cost food and medical care will also be provided. (J) SDHS will be able to respond to Fire or Police animal transportation service requests. • The hours of operation of this service is 7 days per week, 24 hours per day. SDHS may bill for any overtime incurred for a call for service outside of normal operating hours. • Fire or Police will have program forms to be filled out by them and the owner. • Fire or Police Personnel will make a reasonable attempt to find an alternative short- term solution among the person’s family or friends before contacting SDHS. • SDHS staff will make best effort to arrive to the Emergency Personnel within 30 minutes of the initial request. • SDHS staff will transport the animal(s) from the client/pet owner’s location to the shelter facility. • Calls originating in one of the boundary-drop communities like Oceanside or Vista will not be eligible for this resource. • All pet owners will be expected to sign a release of liability and program consent form. • If SDHS is not able to arrive on scene before the owner is removed from the scene, City personnel will remain on site with the animal(s) and paperwork to provide to SDHS. (K) Any client grievances will be submitted to SDHS and the City of Carlsbad. The completed form must be received by city staff within 72-hours from the date that services were suspended or terminated to stop the pet adoption process and termination of the client’s ownership rights. If the client submits the grievance 14th day, three days additional days will be added to the animal(s) stay. (L) SDHS staff, city’s Homeless Division staff, and Police Department staff will meet on a monthly basis to review the contract and discuss the program. (M) Invoices will be submitted by the 15th of each month for reimbursement to the Senior Homeless Program Manager. (N) SDHS will submit monthly and quarterly reports by the 15th of each month to the Senior Homeless Program Manager. The following data will be collected: • Number of animal(s) served such as dogs, cats, and other animal(s) in the program • Number of animal(s) discharged and the placement destinations animal(s) such as returned to owner, placed with an owner’s friend or family member, adopted, transferred out • Number of animal(s) that received emergency medical treatment or euthanized • Number of services provided during e-boarding such as vaccinations, microchips, etc. Sept. 28, 2021 Item #3 Page 15 of 22 • Number and type of referral source (e.g. Homeless Outreach Team, Homeless Division, Police, or Fire) (O) SDHS must operate within the budget set forth in Exhibit “B” Sept. 28, 2021 Item #3 Page 16 of 22 San Diego Humane Society & City of Carlsbad Budget - Exhibit B FY 2021/22 Program Fees General impound and intake vaccines 40.00$ Rabies vaccine 12.00$ Microchip 25.00$ License paperwork (1)up to 36.00$ Sub Total up to 2,825.00$ Program Services 25 dogs, Cat, small animal with e- boarding up to 14 days (2)up to 9,500.00$ Animals with urgent medical care (3)up to 17,500.00$ Sub Total up to 29,825.00$ 1 License papework is $18 for altered pets or $36 for unaltered pets. 2 Emergency boarding is $20.00 per day up to 14 days for dogs, cats, and other. Total cost for a 14- day stay is $280.00. Extensions are made on a case- by-case basis up to 17 days. 3 Up to 7 animals can receive emergency medical care at an amount not to exceed $2,500 per animal. Sept. 28, 2021 Item #3 Page 17 of 22 WAIVER, RELEASE, HOLD HARMLESS, AND AGREEMENT NOT TO SUE I, ______________________ (FULL NAME), fully understand that my pet’s participation in the City of Carlsbad - San Diego Humane Society Animal Sheltering Program for Person’s Experiencing Homelessness may expose me or my pet to the risk of injury, death, communicable diseases, illnesses, viruses, or property damage. I hereby acknowledge that I am voluntarily enrolling my pet in this program and agree to assume any such risks. I hereby release, discharge and agree not to sue the City of Carlsbad or the San Diego Humane Society for any injury, death or damage to or loss of personal property arising out of, or in connection with, my pet’s participation in the Animal Sheltering Program from whatever cause, including the active or passive negligence of the City of Carlsbad or the San Diego Humane Society or any of their officers, officials, employees or volunteers. The parties to this Agreement understand that this document is not intended to release any party from any act or omission of “gross negligence,” as that term is used in applicable case law and/or statutory provision. In consideration for being permitted to participate in the program, I hereby agree, for myself and on behalf of my pet, and all heirs, administrators, executors and assigns, that I shall indemnify and hold harmless the City of Carlsbad or the San Diego Humane Society from any and all claims, demands actions or suits arising out of or in connection with my or my pet’s participation in the program. I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT ON MY OWN FREE WILL. OWNER NAME_______________________________________DOB____________________________ PET/ANIMAL NAME_______________________________________BREED____________________________ NAME_______________________________________BREED____________________________ NAME_______________________________________BREED____________________________ NAME_______________________________________BREED____________________________ Sept. 28, 2021 Item #3 Page 18 of 22 Consent for Services I agree to board my animal(s) at the San Diego Humane Society at my own risk. I understand this is a free and voluntary program operated by the San Diego Humane Society and funded by the City of Carlsbad. I have the right to refuse this program without it impacting my access to services with the San Diego Humane Society and the City of Carlsbad. Purpose The purpose of this program is to provide short-term emergency boarding (up to 14 days) for my animal(s) while I access temporary housing, treatment, or alternative custody. Program Agreement In order to participate in the program, I am required to review and sign a program consent form and a release of liability acknowledging the terms, conditions, and risks of this program prior to boarding my animal(s) at a San Diego Humane Society facility. San Diego Humane Society will provide board and care to any animal (e.g. dog, cat, rabbit, bird, lizard, snake, fish, livestock, etc.) as long as the animal is not illegal to possess in San Diego County, CA. I attest that I am the legal owner and guardian of my pet(s). I give San Diego Humane Society permission to temporarily take custody of my animal(s) for up to 14 days. I understand that an animal shelter is not intended for long-term stay and that I will find long term alternate solutions for animal housing during this temporary stay. I understand it is important that I stay in regular communication with the animal shelter staff, the Homeless Outreach Team, and/or the Homeless Division staff to coordinate the reunification of my animal(s). San Diego Humane Society staff will attempt to seek additional consent from me, the pet owner, prior to conducting any life or death medical treatment. In the event I cannot be reached and contact for consent is unsuccessful, I give San Diego Humane Society permission to provide any urgent medical treatment if it is deemed medically necessary to save the life or ease immediate pain and suffering for my animal(s). Sept. 28, 2021 Item #3 Page 19 of 22 I authorize San Diego Human Society to make a decision if euthanasia is deemed medically necessary to end irremediable pain and suffering of my animal(s) and if communication for consent are unsuccessful. All pets are required to be microchipped upon departure of a San Diego Humane Society facility. I understand that animal shelters house many animals at one time so there is risk of contagious illness or disease. I must provide appropriate documentation of the animal’s vaccination records or consent to mandatory vaccines and flea/tick medication prior to shelter admittance in order to protect and safeguard my pet and the other animals at the facility. Vaccines are helpful in protecting against contagious illness and disease but are not guaranteed and there is still a small risk of contraction. Visitation I can visit my animal(s) at the facility by scheduling an appointment during the following business hours: Tuesday – Sunday from 10 a.m. – 4 p.m. Animal(s) will be boarded at different facilities based on their breed. I may call during business hours to check on the status of my animal. Dogs Cats and other small animals Livestock 2905 San Luis Rey Road Oceanside, CA 92058 619-299-7012 x 2856 572 Airport Road Oceanside, CA 92058 619-299-7012 x 2000 3500 Burnet Drive Escondido, CA 92027 619-299-7012 x 2737 Reunification It is critical that I stay in communication with the San Diego Humane Society, Homeless Outreach Team, or Homeless Division Staff regarding the placement of my animal(s). No animal transportation will be provided by San Diego Humane Society at exit. Alternative discharge arrangements can be made with my consent. I can authorize someone else to pick up my pet, if I am unavailable. Upon pick-up, San Diego Humane Society will provide me with medical records on any procedures or treatments my animal(s) received while in their care. A resource pamphlet on local pet resources for the homeless and a small amount of pet food will be provided. Sept. 28, 2021 Item #3 Page 20 of 22 If no contact has been made, San Diego Humane Society staff must in good faith try to contact me, the pet owner, to coordinate and plan the animal’s exit. Staff should make at least 3 attempts via phone, text, or email over a 5-day period with me, my identified emergency contact, Homeless Outreach Team (who attempts to locate the pet owner), and city’s homeless program manager prior to the animal’s exit date. Please indicate my preferred method(s) of communication. Communication Method Contact Information Yes No Phone Voicemail Text Messaging (SMS) Email Mail Emergency Contact Alternate person authorized to pick up: Name: My animal(s) was taken into the custody of the San Diego Humane Society on)______________________ and I have until ______________________________to coordinate the pick-up of my animal(s). If I am unable to be contacted, then my animal(s) will follow San Diego Humane Society’s Policy and Procedure for abandoned animals. The ownership of the animal(s) will be transferred to San Diego Humane Society and all ownership rights will be forfeited. The program will possess the right to place the pet for adoption or transfer the pet to another facility or organization. Termination of Services I have the right to submit a Grievance Form with both the San Diego Humane Society and the City of Carlsbad if I feel I or my animal(s) have been unfairly terminated from services. This form can be requested by email, mail or in person at the housing or homeless services offices. The completed form must be received by the city staff within 72-hours from the date that services were suspended or terminated to stop the pet adoption process and termination of my ownership rights. Payment & Eligibility I understand the basic fees for this service is being reimbursed to the San Diego Humane Society by the City of Carlsbad. Any non-urgent medical care or treatment will be my expense and not the City of Carlsbad. I must be experiencing homelessness within the City of Carlsbad to be eligible for this program. I consent to participate in the San Diego Humane Society and the City of Carlsbad Temporary Pet Shelter Program. I will be provided a copy of this agreement. Sept. 28, 2021 Item #3 Page 21 of 22 Owner’s Name: _____________________________________________________________________________ Signature: _______________________________________________ Date: __________________________ Staff’s Name:_________________________________________________________________________________ Signature: _______________________________________________ Date: __________________________ Humane Law Enforcement:____________________________ Date: ___________________________ Signature: ________________________________________________ Date: ___________________________ Animal History Name: Age: Female/Male ____________________________________________ Spayed/Neutered Breed: Color: Has the animal had a rabies vaccine in the last 12 months: Previous veterinarian name and contact information: Is the animal generally healthy: Medical History: Current Medications or special diet: Does this animal have a bite history, or should staff be made aware of any concerning behavior? Sept. 28, 2021 Item #3 Page 22 of 22 Tammy Cloud-McMinn From: Sent: To: Subject: David Hall <dqhall44@gmail.com> Tuesday, September 28, 2021 10:21 AM City Clerk Re: PAC Yes, that is correct. Today's meeting please. Items #3, #8, #9. Thank you. On Tue, Sep 28, 2021 at 10:17 AM City Clerk <Clerk@carlsbadca .gov> wrote: All Receive -Agenda Item# 3 For the lnform;;ition of the: COUNCIL Date CA .,,-CC / --CM .rACM /DCM (3) £ Please clarify if this email is for the record for today's meeting and which items you are referencing. Kind regards, Tammy McMinn, CPMC, CMC Senior Deputy City Clerk 1 City of Carlsbad 760-434-2953 From: David Hall [mailto:dqhall44@gmail.com] Sent: Tuesday, September 28, 202110:09 AM To: City Clerk <Clerk@carlsbadca.gov> Cc: Diana Aguirre <dra805@gmail.com> Subject: Fwd: PAC I ----------Forwarded message--------- , From: David Hall <dqhall44@gmail.com> Date: Tue, Sep 28, 2021 at 8:57 AM 1 Subject: PAC To: <info@demcco.org> 1 From: To: Subject: Date: Lennie A City Clerk September 28, 2021: Agenda item #3 Monday, September 27, 2021 12:33:11 PM All Receive - Agenda Item # 3 For the Information of the: CITY COUNCIL Date 47/21/k A ke-cC Cm )(- ACM OCM (3) V" Dear Council, PLEASE STOP...To consider allocating a $500,000 budgeted contract with the Humane Society to house "homeless pets, for the homeless" for $30,000 a year for a two week stay in Carlsbad, is stunning! •The Homeless Outreach Team currently has not provided us the numbers for: 1.the homeless who request to be housed; 2.the mentally ill; 3.the addicted; 4.the expanding mentally ill and addicted homeless individuals within our city. •Suggestion/Solution: IF, there is a demand to house "homeless pets" requiring the owner to take the pet to the Humane Society and render a deal where they can harbor their animal for a small fee. People have no appreciation when services are offered at no cost. Give them the opportunity to help their pets. •The projects being created for the Homeless are only magnets! The reasons why the population of the homeless is climbing, along with crime, environmental and public safety concerns. Thank you for your considerations, CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Animal Shelter Program Jessica Klein Housing Navigator Holly Nelson Senior Homeless Program Manager Housing and Homeless Services Department Sept. 28, 2021 {_city of Carlsbad TODAY’S PRESENTATION •History •Proposed action •Program overview •Program requirements •Summary of services •Budget summary ITEM 3: Animal Shelter Program ('city of Carlsbad HISTORY OCTOBER 2017 Homeless Response Plan Established March -April 2021 City council goals established to reduce homeless unsheltered population by 50% SEPT. 28, 2021 Animal shelter contract presented to city council for approval APRIL 27, 2021 City council request for animal sheltering program OCT. 2021 Anticipated start date of animal shelter program ITEM 3: ANIMAL SHELTER PROGRAM 0 u u ('city of Carlsbad PROPOSED ACTION Authorize a contract with the San Diego Humane Society to Shelter Pets Belonging to People Experiencing Homelessness and appropriate funding ITEM 3: ANIMAL SHELTER PROGRAM ('city of Carlsbad PROGRAM OVERVIEW •Provides temporary shelter for pets of people experiencing homelessness in Carlsbad •Removes barriers and allows owners to access shelter, treatment or other services •Will serve up to 25 animals through June 30, 2022 •Pets may stay up to 14 days ITEM 3: ANIMAL SHELTER PROGRAM {city of Carlsbad PROGRAM REQUIREMENTS •Owners must be experiencing homelessness in Carlsbad to be eligible for the program •Pet owners must sign a release of liability and consent for services •Animals must be legal to own ITEM 3: ANIMAL SHELTER PROGRAM {city of Carlsbad SERVICES PROVIDED TO PET •Board and care •Vaccinations •Identification microchip •Licensing paperwork •Leash and pet carrier •Any needed life-saving medical care (up to $2,500) ITEM 3: ANIMAL SHELTER PROGRAM ('city of Carlsbad SERVICES PROVIDED FOR OWNER UPON REUNIFICATION •A list of low-cost or free pet resources •A wellness report on their pet ITEM 3: ANIMAL SHELTER PROGRAM ('city of Carlsbad PROGRAM FUNDING City Council contingency Total appropriation $500,000 Total expenditures $17,200 Total available funding $482,800 Cost of first year contract with San Diego Humane Society $29,825 Remaining balance $452,975 ITEM 3: ANIMAL SHELTER PROGRAM Jessica Klein Housing Navigator jessica.klein@carlsbadca.gov 760-434-5973 Questions? ITEM 3: ANIMAL SHELTER PROGRAM ('city of Carlsbad