HomeMy WebLinkAboutSan Diego Humane Society and S.P.C.A.; 2021-10-12;AGREEMENT FOR SHELTERING ANIMALS OF PERSONS EXPERIENCING
HOMELESSNESS
SAN DIEGO HUMANE SOCIETY AND SPCA
f)_. THIS AGREEMENT is made and entered into as of the / c:2_ ti 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 sheltering
services 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 and
ability 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 WORK
City 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 in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The 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) year
periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will prepare
a written amendment indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall not
exceed 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 subsequent
amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not
exceed 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".
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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
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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
Name Holly Nelson
Senior Homeless Program
Title Manager
Housing and Homeless
Department Services ----------
Address 3096 Harding Street
Carlsbad, CA 92008
Phone No. (760) 814-0774
For Contractor
Name Julianna Tetlow
Title Director of Government Relations
Address 5500 Gaines St
San Diego, CA 92110
Phone No. (619) 299-7012 x 2336
Email jtetlow@sdhumane.org
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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.
YesD No GJ
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
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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
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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
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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.
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• 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”
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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.
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