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HomeMy WebLinkAbout2023-06-06; City Council; ; Agreement with the San Diego Humane Society for Animal Control ServicesCA Review ___AF___ Meeting Date: June 6, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Amanda Baker, Management Analyst amanda.baker@carlsbadca.gov, 442-339-5054 Reid Shipley, Police Captain reid.shipley@carlsbadca.gov, 442-339-2257 Subject: Agreement with the San Diego Humane Society for Animal Control Services District: All Recommended Action Adopt a resolution authorizing the City Manager to execute an agreement with the San Diego Humane Society for Animal Control Services in an amount not to exceed $720,000 for Fiscal Year 2023-24. Executive Summary The San Diego Humane Society has satisfactorily provided animal control services in the city since it was awarded the contract in 2018. The city’s current contract with the Humane Society expires on June 30, 2023. Over the past five years, San Diego Humane Society personnel have demonstrated their competence and possess the professional qualifications necessary for the satisfactory performance of animal control services. Due to the Humane Society’s unique capabilities and service, the city has the option to select them under the sole source exemption from the standard bidding procedure to continue to provide animal control services. The agreement requires the City Council’s approval under Chapter of the Carlsbad Municipal Code Section 3.28.040(D) because the cost to the city is more than $100,000 per agreement year. Section 3.28.110 allows for the “awarding authority,” which in this case is the City Council, to exempt certain purchases from the procurement provisions of Chapter 3.28, such as putting the procurement out to bid. Section 3.28.110 (B) exempts situations where services can only be reasonably obtained from a single source, as determined by the awarding authority. The city’s Purchasing Officer has reviewed the proposed purchase and supports requesting an exemption. The City of San Diego released a request for information regarding animal control services in October 2022. The City of San Diego’s procurement manager advised that they only received one response from the San Diego Humane Society and awarded a sole source contract. June 6, 2023 Item #6 Page 1 of 24 Explanation & Analysis The city’s contract with the San Diego Humane Society is set to expire on June 30, 2023, and the Police Department wishes to continue to receive animal control services from the organization. Animal control and sheltering are necessary and desirable services to provide to the community, and the Humane Society is uniquely qualified to provide these specialized, professional. The complete scope of services is defined in Attachment A. The non-profit San Diego Humane Society provides proper, humane, and efficient handling, adoption and treatment for dogs, cats and other domestic animals. It also ensures the enforcement of related state and city laws, ordinances and regulations. The society maintains animal shelters in Oceanside, Escondido, San Diego and El Cajon all of which are open to the public. In addition to the services listed above, the Humane Society may routinely provide community engagement and services such as public education, community events, vaccinations and microchipping. The complete list of community engagement and services can be found in Exhibit A of Attachment A to Exhibit 1. San Diego Humane Society also categorizes their calls for service by priority and will respond within the times listed in Attachment A. The city will continue to benefit from San Diego Humane Society’s Project Wildlife, where the goal is to return every animal treated back into their natural habitat. This service is essential in preserving the city’s local ecosystem. The Humane Society has helped San Diego become the largest city in the country to keep healthy and treatable animals from being euthanized. In partnership with the San Diego Animal Welfare Coalition and rescue organizations, San Diego achieved zero euthanasia for healthy or treatable animals in 2015. The city is committed to staying at zero. The Humane Society provides the Police Department with quarterly reports as well as an annual report. These reports include data on: •Number of animals sheltered, including strays •Community services provided, including licenses, vaccinations, microchips and spay and neuter surgeries •Humane law enforcement, including the number and type of incidents or reports investigated as well as all administrative or criminal citations that were processed. The city’s Housing and Homeless Services staff executed a separate agreement with the San Diego Humane Society to shelter animals of people experiencing homelessness. That agreement expires on June 30, 2023, and may be extended for another one-year term. Fiscal Analysis The fiscal year 2023-24 cost of this agreement is $720,000. The total amount will be appropriated from the Police Department’s requested operating budget for fiscal year 2023-24. The annual net cost of the contract will be determined using a formula based on actual historical expenses including but not limited to animal intake, veterinarian-provided services, licenses issued and calls for service. The annual payments shall not increase by more than the June 6, 2023 Item #6 Page 2 of 24 annual increase in the Consumer Price Index for All Urban Consumers in the San Diego Area, plus 3%, unless agreed in writing by both parties. The term of the agreement is for a period of 36 months, commencing July 1, 2023, and terminating June 30, 2026. The Humane Society and the city may extend the agreement for two one-year periods. Options Staff recommend the City Council approve the agreement so that the city can continue to provide animal control services. The Humane Society is uniquely suited to provide these specialized services, with the necessary expertise, resources and shelters. The San Diego County Department of Animal Control does not offer them to cities, as it did before 2018. Next Steps With the City Council’s authorization, the City Manager will execute the agreement and the San Diego Humane Society will provide animal control services to the City of Carlsbad from July 1, 2023-June 30, 2026. Environmental Evaluation This action does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential cause to either a direct or physical change or a reasonably foreseeable indirect physical change in the environment. Exhibits 1. City Council resolution 2. Bid exemption memo June 6, 2023 Item #6 Page 3 of 24 RESOLUTION NO. 2023-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO HUMANE SOCIETY FOR ANIMAL CONTROL SERVICES IN AN AMOUNT NOT TO EXCEED $720,000 FOR FISCAL YEAR 2023-24 WHEREAS, the current contract for animal control services provided to the City of Carlsbad by the San Diego Humane Society will expire on June 30,2023; and WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary and desirable to continue providing animal control services for the City of Carlsbad with the San Diego Humane Society; and WHEREAS, Carlsbad Municipal Code Section 3.28.110(8) allows for the awarding authority, in this case the City Council, to exempt certain purchases of goods and services from the procurement provisions of CMC Chapter 3.28 if goods and services can be reasonably obtained from only a single source; and WHEREAS, the city's Purchasing Officer supports requesting an exemption from the procurement requirements of the CMC pursuant to CMC 3.28.110(8); and WHEREAS, the Animal Services Agreement for FY23-24 is not to exceed $720,000; and WHEREAS, the term of the agreement is for a period of thirty-six months commencing on July 1, 2023 and terminating on June 30, 2026; and WHEREAS, San Diego Humane Society and the city may extend the agreement for two one-year periods. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the City Manager of the City of Carlsbad is hereby authorized and directed to execute the Animal Services Agreement (Attachment A) for and on behalf of the City of Carlsbad, California. 3.That the City Manager of the City of Carlsbad is hereby authorized to execute amendments to the Agreement to extend it for two, one-year periods. Exhibit 1 June 6, 2023 Item #6 Page 4 of 24 4.That the agreement is exempted from the procurement provisions of Carlsbad Municipal Code Chapter 3.28, pursuant to Section 3.28.110 (B). PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 6th day of June, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor ./,--sHERRYF� (SEAL) June 6, 2023 Item #6 Page 5 of 24 DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C Attachment A ANIMAL SERVICES AGREEMENT This Animal Services Agreement ("Agreement") is entered into effective the g~ay of JlAN,, 2023 ("Effective Date") by and between the CITY OF CARLSBAD, a municipal corporation (the "CITY") and the SAN DIEGO HUMANE SOCIETY AND S.P.C.A., a California nonprofit corporation ("SDHS") (collectively, the "Parties"). RECITALS A. On July I, 2018 San Diego Humane Society began providing animal care and control services to the CITY. B. It has been determined to be in the CITY' s best interest to retain specialized, professional services to provide animal control and sheltering services since the CITY does not provide such services. C. The CITY desires to contract with SDHS as an independent contractor and SDHS desires to provide services to the CITY as an independent contractor. D. SDHS personnel have demonstrated their competence and professional qualifications necessary for the satisfactory performance of the services designated herein by virtue of their experience, training, education and expertise. E. The purpose of this Agreement is to ensure the proper, humane and efficient handling, ownership, treatment and disposition of dogs, cats and other domesticated animals, and to ensure the enforcement of laws, ordinances and regulations of the State of California and of th~ CITY concerning the regulation, licensing, impounding and disposition of dogs, cats and other domestic animals within the CITY. NOW THEREFORE, in consideration of the covenants, conditions and terms set forth herein, the parties agree as follows: 1.0 SCOPE OF SERVICES. SDHS shall provide animal sheltering and animal field services required by and in accordance with the laws, regulations, ordinances and codes of the State of California, the County of San Diego, and the CITY as further specified by this Agreement. The Services to be performed by SDHS pursuant to the terms and conditions of this Agreement shall consist of the Services enumerated below. In addition to those Services identified below, SDHS may routinely provide the CITY with the additional "Community Engagement and Services" outlined in Exhibit A, attached hereto and incorporated by reference, without an additional cost Exhibit A may be modified in SDHS's discretion based on resources and capacity. 1.1. Animal Sheltering. SDHS shall provide the CITY with animal shelter services consistent with public shelter functions to receive and care for all dogs, cats and other domestic animals seized or impounded by Animal Field Services or delivered by members of the general public, provide humane disposition of animals, euthanizing, if warranted, and disposing of euthanized animals and deceased animals brought in by CITY residents. More specifically, SDHS June 6, 2023 Item #6 Page 6 of 24 DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C shall maintain animal shelters at 2905 San Luis Rey Road, 572 Airport Road, Oceanside, California, 3500 Burnet Drive, Escondido, California, 1373 N. Marshall Avenue, El Cajon, California, and 5480 and 5500Gaines Street, San Diego, California (collectively, the "Shelter"), which shall be open for public service and operation during reasonable days and hours of operation similar to other such facilities within the County of San Diego ("County"), and which shall comply with the standards described by the laws of the State of California, and the ordinances of the County and the CITY. Such animal shelter services shall include: a. The housing and care of stray domestic animals for the legal hold period according to the laws of the State of California, and the ordinances of the County and the CITY. b. The housing and care for domestic animals under rabies quarantine for the legal hold period according to the laws of the State of California and the ordinances of the County and the CITY. c. Housing and care for police and animal cruelty holds for a minimum of fourteen (14) days. d. Providing lost and found opportunities for the general public for domestic animals brought to the Shelter. 1 .2. Animal Sheltering Criteria. SDHS animal sheltering Services shall include: a. Feed, care for, and the disposition of all animals coming into the possession of SDHS using safe and humane methods in accordance with the State of Califo rnia laws and the ordinances of the County and the CITY. b. Assume all expenses to maintain and operate the Shelter and properly care for the animals. June 6, 2023 c. Manage the dog license program within the CITY to include: i. Maintaining files including current and expired dog license and the owners who live within the CITY for the past three (3) years. ii. Issuing or causing to be issued new and renewed licenses to dog license applicants within the CITY. iii. Issuing or causing to be issued, when appropriate, Service Dog Licenses within the CITY. iv. Issuing or causing to be issued, when appropriate, Dangerous Dog licenses within the CITY. v. Conducting follow-up enforcement of licensing and rabies vaccinations Item #6 Page 7 of 24 DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C within the CITY. 1.3. Animal Field Services. SDHS shall humanely and efficiently enforce all applicable animal field service laws, regulations, ordinances and codes of the CITY (and any County laws, regulations and ordinances as adopted by the CITY) pertaining to animal field services with respect to the scope of work set forth below. SDHS shall provide the CITY with the following animal field services in response to complaints generated by the public, law enforcement and the CJTY: a. Investigation and enforcement of animal cruelty laws and related activities. b. Picking up and caring for injured domestic animals. c. Addressing dangerous domestic animal situations. d. Monitoring and responding to bites and enforcing rabies quarantine requirements. e. Investigation and enforcement of vicious or dangerous dog complaints and activities associated therewith. f. Patrolling and impounding stray dogs running at large g. Picking up and caring for stray and abandoned domestic animals contained by citizens and found within the City limits. h. Picking up ill or injured wildlife 1. Responding to and investigating barking dog complaints 1.4. Animal F ield Services Requirements. requirements include: SDHS animal field service a. SDHS shall perform the Services in accordance with all laws and regulations applicable to the CITY. b. SDHS shall provide daily the appropriate number of Humane Officer(s) (as defined below) and an animal containment vehicle(s) and equipment for the performance of animal field services. c. SDHS shall humanely and efficiently enforce all laws of the State of California, the· County, and the CJTY pertaining to animal field services that are within the scope of SDHS's obligations under this Agreement. Jn the event that new laws enacted after the Effective Date of this Agreement would require increased services by SDHS, the cost for such additional services shall be added to the projected costs for the year immediately June 6, 2023 Item #6 Page 8 of 24 DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86882600AE4C following enactment and billed accordingly, provided the City's total annual compensation does not exceed the amount provided in Section 11 .2. d. SDHS Humane Officers (as defined below) and duly trained license coordinators are authorized to issue criminal and/or administrative citations for violations of CITY animal field service laws, and to issue notices as provided by law. SDHS's Humane Officers (as defined below) shall prepare appropriate reports concerning violations, file such reports with the applicable authority when necessary, and stand ready and available to testify in a court or administrative hearing when called upon to do so concerning such violations. e. SDHS shall respond to calls for animal field services between the hours of 8:00 a.m. to 7:00 p.m. daily ("Field Service Hours"). Based on the priority of the call, SDHS will respond within the times included in Exhibit B attached hereto and incorporated herein by reference. Exhibit B is subject to reasonable change at SDHS's discretion and upon written notice to the CITY. SDHS may increase service levels and expand F ield Service Hours based on service call volwne and community need. f. SDHS will respond to call s for service outside of Field Service Hours. After- hours duty officer(s) wi ll provide emergency responses to Priority One calls during non- Field Service Hours. SDHS may increase service levels based on service call volume and community need. "Priority One" calls are defined as a prompt, essential emergency response for the following: 1. Any law enforcement agency requesting immediate emergency assistance. ii. Animal bite where the domestic animal continues to pose an immediate threat, bite injury is to the head, or the bite injury can be considered severe. 111. Any act of cruelty and/or neglect to animals that is in progress or which places an animal in imminent danger. iv. Any domestic animal either known to be dangerous or v1c1ous by previous determination in an administrative hearing or one that is perceived to be an immediate threat or menacing those individuals reporting the event. v. Any live domestic anima l, which is presenting an immediate hazard to humans, such as a live domestic animal in traffic lanes of a major thoroughfare or highway. v1. Any domestic animal that is sick, injured and in immediate danger. 2.0 SDHS PERSONNEL. SDHS shall employ appropriate personnel and staff to assist and carry out its duties and obligations of this Agreement. 2.1. Humane Officers. SDHS shall have at all times during the term of this Agreement June 6, 2023 Item #6 Page 9 of 24 DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C a reasonable number of Humane Officers qualified under California Corporations Code section 14502 and California Penal Code section 830.9 capable of performing and enforcing the provisions of the CITY ordinance rel ated to domestic animals. They shall not carry firearms in the performance of their duties but may carry non-lethal weapons. Each Humane Officer shall complete within one ( 1) year of date of hire or internal transfer a course in training related to the exercise of his/her powers, which course shall meet the minimum standards prescribed by the Commission on Peace Officer Standards and Training and the State Humane Association of California. 2.2. Performance Standards. SDHS agents and employees shall treat the public with courtesy and respect at all times in performing all duties and obligations under th is Agreement. 2.3. Compliance with Laws. SDHS shall comply with personnel policies and procedures that conform to federal and state laws with respect to hiring and firing practices. 3.0 OBLlGA TIONS OF THE CITY. The CITY shall provide the following to assist SDHS in performing required animal control functions under this Agreement. 3.1. CITY will provide training on specific CITY processes and other municipal techniques that humane officers may be expected to carry out. 3.2. The CITY shall endeavor to work with SDHS in support of the licensing programs geared towards increased compliance, higher return owner rates, reduction in the number of animals needing ho using care, and protecting residents against dangerou s and/or vicious dogs and habitual offenders of animal laws. 3.3. The CITY shall endeavor to work with SDHS in support of educating the community about SDHS programs including but not limited to lost and found, adoption, intake diversion, and community support servi ces. 4.0 REPORTS AND RECORDS. 4.1. Quarterly Reports. SDHS shall prepare quarterly reports to the CITY which shall provide the following information: (i) anima l shelter operations (as it pertains to the Agreement), including the number of stray animals impounded and their disposition); (ii) all administrative or criminal citations processed; and (iii) anima l field service activities inc luding the number and type of incidents or reports investigated. 4.2. Governmental Reports. Should the CITY be required to furnish information to any other government agency, SDHS agrees to timely provide information that the CITY may need to meet such request as long as the request is within the scope of this Agreement. 4.3. Annual Reports. By no later than sixty (60) days following the e nd of each fiscal year, SDHS shall provide an annual report to the CITY with the infonnation required by Section 4.1 for the preceding year. June 6, 2023 Item #6 Page 10 of 24 DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C 4.4. Record Retention. All records and information required to be kept by SDHS pursuant to this Agreement shall be kept in accordance with applicable record retention schedules or three (3) years, whichever is longer. 5.0 COMPLIANCE WITH LAWS. All work by SDHS shall be performed m accordance with applicable city, state and federal laws, statutes and regulations. 6.0 LICENSE, PERMITS. ETC. SDHS represents and declares to CITY that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. SDHS represents and warrants to CITY that SDHS shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for SDHS to practice its profession. SDHS shall obtain and maintain a CITY business license during the tenn of this Agreement, if required. 7.0 INDEPENDENT CONTRACTOR. At all times during the tem1 of this Agreement, SDHS, any employees of SDHS and any subcontractors employed by SDHS shall be an independent contractor and shall not be an employee of the CITY. The CITY shall have the right to control SDHS only insofar as the results of SDHS's Services rendered pursuant to this Agreement; however, the CITY shall not have the right to control the means by which SDHS accomplishes its Services. Neither SDHS nor SDHS's employees shall in any event be entitled to any benefits to which CITY employees are entitled, including, but not limited to, overtime, any retirement benefits, workers' compensation benefits, any injury leave or other leave benefits, SDHS being solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters. 8.0 WORKERS' COMPENSATION. Pursuant to California Labor Code section 1861, SDHS hereby certifies that SDHS is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and SDHS will comply w ith such provisions, and certification of proof of compliance as a part of this Agreement. 9.0 NO CONFLICT OF INTEREST. SDHS shall not enter into any other contract which conflicts with its obligations under this Agreement. For the limited purpose of interpreting this section, SDHS shall be deemed a "city officer or employee," and this section shall be interpreted in accordance with the California Government Code section I 090. I 0.0 OWNERSHIP OF DOCUMENTS. I 0.1. Reports and documents prepared or provided by SDHS under this Agreement shall be the property of the CITY. The CITY agrees to hold SDHS free and harmless from any claim arising from any use, other than the purpose intended, of the reports and documents, prepared or provided by SDHS. SDHS may retain a copy of all materials produced under this Agreement for the purpose of documenting their participation in this Agreement. June 6, 2023 Item #6 Page 11 of 24 DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86882600AE4C 10.2. Animal license information and data, including, but not limited to, animal owner identification and address, animal name, description, license type and expiration date, are the property of the CITY and must be presented to the CITY in any reasonable document and computer format requested in writing by the CITY. All such information must be provided to the CITY within thirty (30) days of the CITY's request. I 1.0 COMPENSATION. SDHS shall receive the following compensation for the performance of the Services. I I. I. Payments by the CITY. T he CITY shat I make payments to SDHS as fol lows: For the first twelve (12) month term of this Agreement, "Year I Compensation" (July 1, 2023 through June 30, 2024), compensation shall be $720,000, or $60,000 per month for each month. 11.2. Formula to Calculate Payments by the CITY. For future years of the contract after Year I the formula in calculating payments by the CITY for services provided by SDHS shall be based on projected costs for service and: a. SDHS will project the costs required to provide animal control, licensing and sheltering services to all the cities under contract with SDHS. SDHS will project costs based on actual historical expenses, adjusted for expected changes in the upcoming contract year. SDHS will track historical statistics by each city under contract with SDHS and will use those statistics to allocate the projected costs to the CITY. The nature of the statistics tracked by SDHS may include, but are not limited to, Animal Intake, Animal Days Sheltered by SDHS, vet provided services, licenses issued and services provided by Humane Law Enforcement Officers. SDHS will also factor in the cost to SDHS of any additional services requested by the CITY that are unique to that CITY and requires additional costs to SDHS. b. By March 31 st of each year, SDHS will provide the CJTY with a budget packet which shall include the total annual amount owed by CITY to SDHS. The budget packet must include a breakdown of the amount owed by CITY by the types of expenses required in providing services to the CITY. Each statistic utilized by SDHS to allocate the projected costs to CITY, as referenced in Section 11 .2 (a) above, shall be listed in the budget packet with SDHS's total projected cost and the amount allocated to the City. For example, if SDHS projected an overall cost of $100,000 for Animal Care for the upcoming year, the budget packet would li st the total cost of $100,000 and the amount allocated to CITY based on historical statistics. SDHS will provide explanations for changes in compensation not related to changes in CPI. The budget packet will include a form for the CITY to sign and return to SDHS acknowledging the compensation amount for the upcoming year. c. The annual payments owed by CITY to SDHS shall not increase by more than the annual increase in the Consumer Price Index for All Urban Consumers (CPJ-U), San Diego Area, plus 3% unless expressly agreed to in writing by the Parties through a written Amendment to this Agreement. In order to minimize unexpected year over year fluctuati ons in compensation, SDHS shall notify the CITY in writing of any annual projected increase June 6, 2023 Item #6 Page 12 of 24 DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C that is likely to exceed the Consumer Price Index for A ll Urban Consumers (CPI-U) for the San Diego Area by 3% no later than January 31 st for the upcoming contract year starting on the following July I st. 11.3. Other Revenue. SDHS shall be entitled to retain as compensation for the Services: a. All reasonable user fees, service charges and proceeds collected by SDHS in connection with licensing, impounds, and redemption of domestic animals from the Shelter; b. any fines received by SDHS or the CITY arising out of any administrative citations issued by Humane Officers; and c. any other non-citation related revenue generated as a result of this Agreement. All user fees and service charges shall not exceed the reasonable cost of providing the service, as may be adopted by the City Council of the City of Carlsbad. 12.0 DISASTER RELIEF SERVICES. SDHS shall be designated the "Essential Support Function/Official Responder" with respect to any disaster to which the CITY is included within the disaster area designated by a governmental agency. SDHS may invoice the CITY for any costs and expenses, including staff overtime and equipment purchases and rentals, incurred by SDHS with respect to additional services provided by SDHS in connection with any disaster relief effort and which are eligible for reimbursement to Federal Emergency Management Agency ("FEMA") Disaster Assistance Policy 9523.19 or any successor disaster assistance policy promulgated by FEMA. The CITY shall promptly reimburse SDHS for such costs and expenses, provided the CITY has received reimbursements from FEMA. SDHS shall provide any available supporting documentation requested by the CITY for any funding or reimbursement request regarding the disaster that is made to any governmental agency. SDHS may also bill for disaster response such as deployment of the Specialized Disaster Response Emergency Team, large and small animal evacuation, and large and small animal sheltering if the CITY has requested assistance. 13.0 TERM AND TERMINATION. 13.1. Term. The term of thjs Agreement shall be fo r the period of thirty-six (36) months commencing on July 1, 2023, and terminating on June 30, 2026. 13.2. Mutually Agreed Extension. Fol lowing the expiration of the initial term of this Agreement, SDHS and CITY may extend this Agreement for two (2) one-year periods with any necessary revisions under the written consent of both Parties. 13.3. Administrative Extension. Upon the expiration of the tenn of thi s Agreement, the Parties retain the right to extend the Agreement for a period of 120 days in order to finalize a new Agreement. J 3.4. Termination for Convenience. Either party shall have the right to terminate this Agreement, with or without cause, by providing the other party with one (I ) year prior written notice. June 6, 2023 Item #6 Page 13 of 24 DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86882600AE4C 13.5. Termination for Cause. At any t ime during the term of this Agreement, in case of material breach of this Agreement by either party, the non-breaching party shall have the right to terminate this Agreement by giving the breaching party written notice of such breach and demanding that such breach be cured within sixty (60) days (or in the case of defaults in payment of monetary amounts due which are certain in amount and undisputed, ten [1 OJ days) and, if such breach has not been cured at the end of such period(s), this Agreement shall terminate without the necessity of any party taking any further action. In the event a longer notice or cure period is required by applicable law, the cure period specified in this section or the effective date of termination shall conform to, but not exceed, such requirement. 13.6. Compensation Payable Upon Termination. In the event this Agreement is terminated pursuant to either Section 13 .3 or 13.4, so long as SDHS has been providing the services specified herein, SDHS shall be entitled to receive the compensation and fees accrued through the effective date of termination. 14.0 INDEMNIFICATION. To the fullest extent permitted by law, SDHS shall indemnify, defend, and hold harmless the CITY, and its officers, officials, agents and employees from any and all claims, demands, costs or liability that arise out of, pertain to, or relate to any act or omission by SDHS in the performance of Services under this Agreement, and the negligence, recklessness, or willful misconduct of SDHS, its employees, agents, and subcontractors in the performance of Services under this Agreement. SDHS's duty to indemnify under this Section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the active or sole negligence or willful misconduct by the CITY or its elected officials, officers, agents, and employees. SDHS's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorneys' fees, costs or expense CITY incurs or makes to or on behalf of an injured employee under the CITY's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this Section, and that this section will survive the expiration or early termination of this Agreement for a period of two (2) years. 15.0 INSURANCE. SDHS 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 perfonnance of the services by SDHS or SDHS' agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a cw·rent Best's Key Rating of not less than "A-:Vll"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the Nati onal Association of Insurance Commissioners (NAIC) latest quarterly listings report. l 5. J. Coverage and Limits. SDHS will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on SDHS' indemnification obligations under thi s Agreement. City, June 6, 2023 Item #6 Page 14 of 24 DocuSign Envelope ID: 0741 A75E-A9E2-4981-87EF-86B82600AE4C its officers, agents and employees make no representation that the limits of the insurance specified to be carried by SDHS pursuant to this Agreement are adequate to protect SDHS. If SDHS believes that any required insurance coverage is inadequate, SDHS will obtain such additional insurance coverage, as SDHS deems adequate, at SDHS' sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. a. Excess/Umbrella Liability Policy. SDHS shall maintain an Excess/Umbrella Liability Policy with an aggregate limit of not less than Ten Million Dollars ($10,000,000). b. Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. c. Automobile Liability. (if the use of an automobi le is involved for SDHS' work for City). $2,000,000 combined single-limit pe r accident for bodily injury and property damage. d. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if SDHS has no employees and provides, to City's satisfaction, a declaration stating this. l 5.2. Additiona l Provisions. SDHS will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: a. The City will be named as an additional insured on Commercia l General Liability which shall provide primary coverage to the City. b. SDHS will obtain General Liability on an occurrence coverage basis. c. 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. 15.3. Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, SDH S will furnish certificates of insurance and endorsements to City. 15.4. Failure to Maintain Coverage. If SDHS fails to maintain any of these insurance coverages, then C ity will have the option to declare SDHS in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. SDHS is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from SDHS or deduct the amount paid from any sums due SDHS under this Agreement. 15.5. 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. 15.6. Subcontractor Coverage. SDHS shall also require each of its subcontractors to maintain insurance coverage that meets all the requirements of this Agreement. 15. 7. CITY Options. SDHS agrees that if it does not keep the aforesaid insurance in full force and effect, the CITY may either: (i) despite section 13, above, immediately terminate this June 6, 2023 Item #6 Page 15 of 24 DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86882600AE4C Agreement; or (ii) take out the necessary insurance and pay, at SDHS's expense, the premium thereon. 16.0 CUSTOMARY SERVICES. SDHS shall be permitted without the CITY's prior written consent to enter into agreements with third party providers of services that are customa1y in the industry to assist SDHS to carry out its day-to-day operations. 17.0 NON-DISCRIMINATION. SDHS shall not discriminate against any employee or applicant for employment because of sex, race, color, age, religion, ancestry, national origin, disability, military or veteran status, medical condition, genetic information, gender expression, marital status, or sexual orientation. SDHS shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their sex, race, color, age, religion, ancestry, national origin, disability, military or veteran status, medical condition, genetic information, gender expression, marital status, or sexual orientation and shall make reasonable accommodation to qualified individuals with disabilities or medical conditions. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. SDHS agrees to post· in conspicuous places available to employees, contractors, agents and/or applicants for employment any non-discrimination notices required by law and any non-discrimination notices provided by CITY setting forth the provisions of this non-discrimination clause. 18.0 GENERAL PROVISIONS. 18.1. Entire Agreement. This Agreement comprises the entire agreement between the CITY and SDHS concerning the Services, and supersedes all prior negotiations, representations or agreements. 18.2. Notices. Any notices given under this Agreement shall be in writing and shall be served either: (i) by hand delivery; (ii) by U.S. mail, postage prepaid, registered or certified mail, return receipt requested; or (iii) by transmittal over an electronic transmitting device (with confirmation of receipt), such as facsimi le or email, provided that a complete copy of any notice so transmitted shall also be mailed by U.S. ma il. Notices shall be deemed received at the earlier of actual receipt or three (3) days fol lowing deposit in U.S. mail , postage prepaid. From time to time the parties may designate a new address for purposes of notice hereunder by notice to the other parties hereto in the manner provided above. Initial notice addresses are as fo ll ows: To the CITY: June 6, 2023 Carlsbad Police Department Attn: Management Analyst 2560 Orion Way Carlsbad, CA 92010 Item #6 Page 16 of 24 DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C With a copy to: To SDHS: With a copy to: Carlsbad City Attorney's Office 1200 Carlsbad Village Drive Carlsbad, CA 92008 San Diego Humane Society 5500 Gaines Street San Diego, Califo rnia 92110 Attn: Julianna Tetlow, Director of Government Relations Fax: 6 19-299-0198 Email: JTetlow@sdhumane.org Sheppard, Mullin, Richter & Hampton LLP 501 W. Broadway, 19th Floor San Diego, California 9210 1 Attn: Whitney Hodges, Esq. Email: whodges@sheppardmullin.com 18.3. Interpretation: Drafting. This Agreement shall be construed equally as against the Parties hereto and shall not be construed against the party responsible for its drafting. A ll prior drafts of this Agreement shall be disregarded in construing the intent of any provision contained herein or therein, and such prior drafts shall be inadmissible in any proceeding at which any such provision is to be interpreted. 18.4. Headings. The headings of the articles and sections herein are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. 18.5. No Third-party Beneficiaries. The covenants contained herein are made solely for the benefit of the parties hereto and successors and assigns of such parties as specified herein and shall not be construed as havi ng been intended to benefit any third party which is not a party to this Agreement. 18.6. Severability. If any provision of this Agreement or a portion thereof is held, by a court of competent jurisdiction, to be illegal or invalid, such provision or portion thereof shall be deemed to be severed and deleted; and neither such provision, its severance or deletion shall affect the validity of the remaining provisions of this Agreement. 18. 7. Modification. This Agreement may be amended, modified or rescinded only by a writing signed by all parties to this Agreement or by their duly authorized agents. 18.8. No Waiver. No waiver of any right under this Agreement shall be deemed effective unless contained in a writing signed by the party charged with such waiver, and no waiver of any June 6, 2023 Item #6 Page 17 of 24 DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C rig ht arising from any breach or fai lure to perfom1 shall be deemed to be a waiver of any such future right or of any other right arising under this Agreement. 18.9. California Law: Venue. This Agreement and its performance shall be governed, interpreted, construed, and regulated by the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the County of San Diego, California. 18. l 0. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. June 6, 2023 Item #6 Page 18 of 24 DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86882600AE4C IN WITNESS WHEREOF, the Parties by and through their respective authorized officials, have executed this Agreement effective as of the date written above. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: 4Uuf ~ f r6sf- Deputy I Assistant City Attorney June 6, 2023 SAN DIEGO HUMANE SOCIETY AND S.P.C.A., a Califomia nonprofit corporation. Gary Weitzman, DVM, MPH, CA WA President and CEO Item #6 Page 19 of 24 EXHIBIT A Community Engagement and Services In addition to those Services identified in Section 1 of the Agreement, SDHS may routinely provide the CITY with the additional "Community Engagement and Services." The services identified below be provided at no additional cost to the CITY unless otherwise specified and is subject to modification at SDHS's discretion based on resources and capacity. Such community engagement and additional services may include: • Public education. • Animal behavior modification program. • Pet education classes. • Community events. • Affordable Community Veterinary assistance programs such as: ‒ Spay/Neuter Services ‒ General medical veterinary care – preventative and basic sick care > Ear cleanings > Nail Trims > Bloodwork > Deworming ‒ Wellness resources including vaccines, flea medications and education ‒ Pharmacy services • Vaccinations including rabies clinics • Microchipping. • Safety net service programs. • Owner requested euthanasia. DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C June 6, 2023 Item #6 Page 20 of 24 EXHIBIT B Calls for Service - Priority Categories Priority Categories Response Time Example of Call Priority 1 Within 30 Minutes Persons in Danger Animal in Immediate Danger Urgent Medical Care Needed Animal in Secured Vehicle ("Hot Dog") Animal Fighting Cases Intentional Cruelty In-Progress Assist Public Safety Agency Bite to Person (Animal Not Contained) Exigent Circumstances • Gunshot • Stabbing • Broken Bones • Serious Open Wounds • Visibly Injured/frapped Animal Street Sale of Animals (after all other Priority 1 Calls are Handled) Priority 2 Within 3 Hours In-Progress Incidents Not Reaching Priority 1 Bite to Person (Animal Contained - Reported within 24 Hours) Running-At-Large (In Progress) Abandonment Captured/Caged Animals/Confined Strays Priority 3 Within 12 Hours Intentional Cruelty (Not In-Progress) Non-Life Threatening Medical Care Needed Non-Exigent Circumstances • Skin Infections • Emaciated • Over-Grown Hooves Hoarding - No Immediate Emergency After-the-Fact Bite (Reported After 24 Hours) Priority4 Within 24 Hours Check the Well-Being with a Reporting Party No Water (Temperature Dependent) Emaciated (Thin or Bones Showing) Lead/Leash too Short Inadequate or No Shelter Even Sale of Animals (i.e., Flea Markets) Priority 5 Within 48 Hours Check the Well-Being- No Reporting Party Running-at-large (Not in Progress) Pet Shop Inspections Rodeo or Circus Inspections Kennel Inspections DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C June 6, 2023 Item #6 Page 21 of 24 DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C June 6, 2023 Item #6 Page 22 of 24 ANIMAL SERVICES CONTRACT-COMPENSATION AND PROJECTED COSTS FY 2023-24 ANNUAL COMPENSATION FROM CARLSBAD FY 2022-23 FY 2023-24 $720,000.00 $720,000.00 Annual change in CPI for All Urban Consumers in San Diego PROJECTED ANIMAL SERVICES COSTS FOR CARLSBAD Animal Care Admissions Veterinary Adoptions Retail Guest Relations Foster Licensing Humane Law Enforcement Rescue & Recovery Community Engagement Community Programs Program Administration Facilities & Support Services Adminstration Human Resources Information Technology Philanthropy Communications Project Wildlife TOTAL EXPENSES ADJUST FOR SPACE USED ADJUST FOR SPACE PROVIDED ADJUST FOR FLEET REPLENISHMENT ADJUST FOR DISPATCH RADIO REPLACEMENT TOTAL ADJUSTED EXPENSES LESS: Licensing & Other Fees NET PROJECTED COSTS AFTER FEES COMPENSATION ACKNOWLEDGEMENT CHANGE $0.00 0.0% 7.7% 162,854 38,315 99,656 32,831 44,468 8,793 42,218 284,375 3,947 25,265 34 ,060 8,948 24,447 3,361 2,403 815,942 8,803 16,052 17,1 28 857,924 136,889 721,035 The City acknowledges compensation to be paid to San Diego Humane Society for the 2023-24 fiscal year will be $720,000.00 billed monthly at $60,000.00 ~ ~~ Signature Print Name Polic Dpartmnt 2560 Orion Way ï Carlbaf, CA 92010 ï 442-339-2100 Memorandum April 24, 2023 To: Roxann Muhlmitr, Aitant Financ Dirctor/Purchaing Oicr From: Amanfa Bakr, Managmnt Analyt Via: Micky William, Chi o Polic R: Bif Exmption Rqut or Animal Control Srvic (Ditrict – All) Thi lttr rqut authorization or an xmption to th biffing proc pr Purchaing Cof 3.28.110(B). Th cof provif a biffing xmption or goof, rvic anf/or proional rvic that can b raonably obtainf only rom a ingl ourc. Th polic fpartmnt i in th proc o rnwing our contract with th San Digo Human Socity or animal control rvic. City Council approvf a ol ourc contract in 2018 anf w hav bn contractf with San Digo Human Socity or th pat iv yar. Th contract i t to xpir on Jun 30, 2022. Th City o San Digo rlaf a Rqut or Inormation rgarfing animal control rvic in Octobr 2022. Th City o San Digo’ procurmnt managr afvif thy only rcivf on rpon rom th San Digo Human Socity anf awarff a ol ourc contract. Sinc 2018, th San Digo Human Socity pronnl hav fmontratf thir comptnc anf proional qualiication ncary or th atiactory prormanc o animal control rvic. Du th uniqu capabiliti anf rvic o th San Digo Human Socity, th city ha th option to ol ourc thm to continu to provif animal control rvic. Animal control rvic ar a ncary anf firabl rvic to provif to th community. It i in th City o Carlbaf’ bt intrt to rtain th pcializf, proional rvic to provif animal control anf hltring rvic. Th San Digo Human Socity nur propr, human, anf icint hanfling, ownrhip, tratmnt anf fipoition o fog, cat, anf othr fomtic animal. Thy alo nur th norcmnt o law, orfinanc anf rgulation o th Stat o Caliornia anf City o Carlbaf concrning th rgulation, licning, impounfing anf fipoition o fog, cat, anf othr fomtic animal within th city. Th complt cop o rvic i finf in Attachmnt A. In affition to th rvic litf abov, th San Digo Human Socity may routinly provif community ngagmnt anf rvic uch a public fucation, community vnt, vaccination, anf microchipping. Th complt lit o community ngagmnt anf rvic can alo b ounf in Attachmnt A. Th contractf amount o $720,000 wa incluff in th polic fpartmnt’ rqutf oprating bufgt or FY23-24. Th annual nt cot o th contract will b ftrminf uing a June 6, 2023 Item #6 Page 23 of 24 {city of Carlsbad Mmo – Bif Exmption Rqut or Animal Control Srvic March 28, 2023 Pag 2 ormula baf on actual hitorical xpn inclufing but not limitf to animal intak, vt proviff rvic, licn iuf anf call or rvic. Th annual paymnt hall not incra by mor than th annual incra in th Conumr Pric Infx or All Urban Conumr (CPI-U), San Digo Ara, plu 3%, unl agrf in writing by both parti. Carlbaf Polic Dpartmnt rqut a ol ourc xmption to xcut a contract with th San Digo Human Socity. Th trm o th agrmnt i or 36 month, commncing on July 1, 2023 anf trminating on Jun 30, 2026. Th San Digo Human Socity anf th city may xtnf th agrmnt or two on-yar priof. I approvf, Carlbaf Polic Dpartmnt will ollow 3.28.050(D)(4) o th Carlbaf Municipal Cof tating that City Council hall b th awarfing authority or procurmnt o rvic anf proional rvic or which th cot to th city i mor than $100,000 pr agrmnt yar. Approval or Exmption ________________________ _______________ Roxann Muhlmitr, Dat Aitant Financ Dirctor/Purchaing Oicr Attachmnt: A. San Digo Human Socity Contract 5/30/2023 June 6, 2023 Item #6 Page 24 of 24