HomeMy WebLinkAbout2021-09-28; City Council; Resolution 2021-219RESOLUTION 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.
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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.
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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