HomeMy WebLinkAbout2023-06-06; City Council; Resolution 2023-147RESOLUTION 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.
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)
DocuSign Envelope ID: 07 41 A75E-A9E2-4981-87EF-86882600AE4C Attachment A ANIMAL SERVICES AGREEMENT This Animal Services Agreement ("Agreement") is entered into effective the S�ay of JlAV\l✓, 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 andcontrol 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 SDHSdesires to provide services to the CITY as an independent contractor.
D.SDHS personnel have demonstrated their competence and professionalqualifications 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 efficienthandling, 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
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, 13 73 N. Marshall A venue, 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 Californja, 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 periodaccording 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 domesticanimals brought to the Shelter.
1 .2. Animal Sheltering Criteria. SDHS animal sheltering Services shall include:
a.Feed, care for, and the disposition of all animals coming into the possession of
SDHS using safe and humane methods in accordance with the State of California laws and
the ordinances of the County and the CITY.
b.Assume all expenses to maintain and operate the Shelter and properly care for
the animals.
c.Manage the dog license program within the CITY to include:
i.Maintaining files including current and expired dog license and the
owners who Jive 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 Licenseswithin 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
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
CITY:
a.Investigation and enforcement of animal cruelty laws and related activities.
b.Piclcing up and caring for injured domestic animals.
c.Addressing dangerous domestic animal situations.
d.Monitoring and responding to bites and enforcing rabies quarantinerequirements.
e.Investigation and enforcement of vicious or dangerous dog complaints and
activities associated therewith.
f.Patrolling and impounding stray dogs running at large
g.Piclcing up and caring for stray and abandoned domestic animals contained bycitizens and found within the City limits.
h.Picking up ill or injured wildlife
1. Responding to and investigating barking dog complaints
1.4. Animal Field Services Reguirements. SDHS animal
requirements include:
field service
a.SDHS shall perform the Services in accordance with all laws and regulations
applicable to the CTTY.
b.SDHS shall provide daily the appropriate number of Humane Officer(s) (asdefined below) and an animal containment vehicle(s) and equipment for the performance
of animal field services.
c.SDHS shall humanely and efficiently enforce all laws of the State of California,
the· County, and the CITY pertaining to animal field services that are within the scope of
SDHS's obligations under this Agreement. In the event that new laws enacted after the
Effective Date of this Agreement would require increased services by SDHS, the cost
for such additional services shal I be added to the projected costs for the year immediately
DocuSlgn Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C
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 incorporatedherein 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 Field
Service Hours based on service call volume and community need.
f.SDHS will respond to calls for service outside of Field Service Hours. After
hours duty officer(s) will 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 animal, which is presenting an immediate hazard to
humans, such as a live domestic anjmal 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
DocuSign Envelope ID: 07 41A75E-A9E2-4981-87EF-86B82600AE4C
a reasonable number of Humane Officers qualified w1der California Corporations Code section
14502 and California Penal Code section 830.9 capable of performing and enforcing the
provisions of the CITY ordinance related to domestic animals. They shall not carry firea1ms 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 OBLIGATIONS 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 housing care, and protecting residents against dangerous
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 services.
4.0 REPORTS AND RECORDS.
4.1. Quarterly Reports. SDHS shall prepare quarterly reports to the CITY which shall
provide the following information: (i) animal shelter operations (as it pertains to the Agreement),
including the number of stray animals impounded and their disposition); (ii) all administrative or
criminal citations processed; and (iii) animal field service activities including the number and
type of incidents or reports investigated.
4.2. Governmental Reports. Should the CITY be required to furnish information to any
other government agency, SDHS agrees to timely provide information that the CITY may need to
meet such request as long as the request is within the scope of this Agreement.
4.3. Annual Reports. By no later than sixty (60) days following the end of each fiscal
year, SDHS shall provide an annual report to the CITY with the information required by Section
4.1 for the preceding year.
OocuSign 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, pennits, qualifications, and approvals of whatever nature that are legally required to practice its profession. SDHS represents and warrants to CITY that SDHS shall, at its sole cost
and expense, keep in effect at all times during the term of this Agreement, any license, permit, or
approval which is legally required for SDHS to practice its profession. SDHS shall obtain and
maintain a CITY business license during the term of this Agreement, if required.
7.0 INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, SDHS, any employees of SDHS and any subcontractors employed by SDHS shall be an 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 1 861, 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 with 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.
10.0 OWNERSH1P OF DOCUMENTS.
10.1. 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.
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C
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 fonnat 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.
J 1.1. Payments by the CITY. The CITY shall make payments to SDHS as follows:
For the first twelve (12) month term of this Agreement, "Year 1 Compensation" (July 1, 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 31st of each year, SDHS wi 11 provide the CITY 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 list 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 CPL 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 (CPT-U), San Diego Area, plus 3% unless expressly agreed to in writing by the Parties through a written
Amendment to this Agreement. 1n order to minimize unexpected year over year fluctuations in compensation, SDHS shall notify the CITY in writing of any annual projected increase
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C
that is likely to exceed the Consumer Price Index for All Urban Consumers (CPI-U) for the
San Diego Area by 3% no later than January 31st for the upcoming contract year starting on the following July 1 st• I 1.3. 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 inconnection with licensing, impounds, and redemption of domestic animals from the
Shelter;
b.any fines received by SDHS or the CITY arising out of any administrativecitations 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 RELTEF 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 effo1i 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 ohhis Agreement shall be for the period of thirty-six (36) months
commencing on July I, 2023, and terminating on June 30, 2026.
13.2. Mutually Agreed Extension. Following the expiration of the initial term of this
Agreement, SDHS and CITY may extend this Agreement for two (2) one-year periods with any
necessary revisions under the written consent of both Parties.
13.3. Administrative Extension. Upon the expiration of the tenn of this Agreement, the
Parties retain the right to extend the Agreement for a period of 120 days in order to finalize a new
Agreement.
13.4. Termination for Convenience. Either party shall have the right to terminate this
Agreement, with or without cause, by providing the other pruiy with one (I) year prior written
notice.
OocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C
13.5. Termination for Cause. At any time during the term of this Agreement, in case of
material breach of this Agreement by either party, the non-breaching party shall have the right to
terminate this Agreement by giving the breaching party written notice of such breach and
demanding that such breach be cured within sixty (60) days (or in the case of defaults in payment of monetary amounts due which are certain in amount and undisputed, ten [l 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 I 3 .4, so long as SDHS has been providing the services
specified herein, SDHS shalJ 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 perfom1ance 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 ofthis 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 performance 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 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 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien nonadmitted insurer listed by the National Association of Insurance Commissioners (NAJC) latest quarterly listings report.
15 .1. Coverage and Lim its. 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 this Agreement. City,
DocuSign Envelope ID: 0741A75E-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 peroccurrence. If a general aggregate limit applies, either the general aggregate limit shallapply 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 automobile is involved for SDHS' work for City).$2,000,000 combined single-limit per 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 hasno employees and provides, to City's satisfaction, a declaration stating this.
15 .2. Additional 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 Commercial 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 bycertified 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, SDHS 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 City 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
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-DlSCRIMINA TION. 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 facsimile or email, provided that a complete copy of any notice
so transmitted shall also be mailed by U.S. mail. Notices shall be deemed received at the earlier
of actual receipt or three (3) days following deposit in U.S. mail, postage prepaid. From time to time the parties may designate a new address for purposes of notice hereunder by notice to the
other parties hereto in the manner provided above. Initial notice addresses are as follows:
To the CITY: Carlsbad Police Department
Attn: Management Analyst 2560 Orion Way Carlsbad, CA 92010
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86882600AE4C
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, California 92110
Attn: Julianna Tetlow, Director of Government Relations
Fax: 619-299-0198 Email: JTetlow@sdhumane.org
Sheppard, Mullin, Richter & Hampton LLP
501 W. Broadway, 19th Floor San Diego, California 921 01 Attn: Whitney Hodges, Esq.
Email: whodges@sheppardmullin.com
18.3. Interpretation; Drafting. This Agreement shall be construed equally as against the
Parties hereto and shall not be construed against the party responsible for its drafting. All prior
drafts of this Agreement shall be disregarded in construing the intent of any provision contained
herein or therein, and such prior drafts shall be inadmissible in any proceeding at which any such
provision is to be interpreted.
18.4. Headings. The headings of the articles and sections herein are inserted for
convenience of reference only and are not intended to be a part of or to affect the meaning or
interpretation of this Agreement.
18.5. No Third-party Beneficiaries. The covenants contained herein are made solely for
the benefit of the parties hereto and successors and assigns of such parties as specified herein and
shall not be construed as having been intended to benefit any thfrd party whjch 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
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C
right arising from any breach or failure to perform 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.
J 8.10. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86882600AE4C
IN WITNESS WHEREOF, the Parties by and through their re pective authorized
officials, have executed this Agreement effectiv as of the date written above.
f Carlsbad
APPROVED AS TO FORM:
IN DIE K. McMAHON, City Attorney
SAN DIEGO HUMA OCIETY A D .P.C.A., a California nonprofit corporation.
Gary Weitzman, DYM, MPH, CAWA President and CEO
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
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 AnimalStreet 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 HoovesHoarding - 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
DocuSign Envelope ID: 0741A75E-A9E2-4981-87EF-86B82600AE4C
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