Loading...
HomeMy WebLinkAbout15 - Animal Sheltering ServicesPO CITY OF z NEWPORT BEACH Cq G�p� P City Council Staff Report November 24, 2015 Agenda Item No. 15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Office of the City Manager Carol Jacobs Assistant City Manager 949-644-3313,cjacobs@newportbeachca.gov PREPARED BY: Carol Jacobs, Assistant City Manager TITLE: Animal Sheltering Services ABSTRACT: Staff is requesting award of a contract for Animal Sheltering Services to Home Free Animal Sanctuary for board, care and feeding of animals collected by the City's Animal Control Division of the Police Department. RECOMMENDATION: Authorize the Mayor to sign a contract with Home Free Animal Sanctuary, 20302 Riverside Drive, Newport Beach, CA 92660 for $60,000 per year (Attachment A). FUNDING REQUIREMENTS: The current adopted budget of the Police Department includes adequate funding for this project. BACKGROUND: Newport Beach has outsourced via contract animal sheltering services since Animal Control was created in 1948. Dover Shores Pet Care Center, a private veterinary hospital in Costa Mesa, housed Newport Beach animals from 1991- 2011. In December 2010, the owner of Dover Shores Pet Care Center submitted his written notice of intent to terminate the agreement. The City entered into an extensive Request for Proposal (RFP) process to replace the agreement with Dover Shores Pet Care Center. The RFP focused on an increased level of care for the animals, the proximity to Newport Beach, cost of service, and stability of the organization providing the service. In February 2011, the City issued an RFP 15-1 Animal Sheltering Services November 24, 2015 Page 2 inviting proposals for animal sheltering services. After posting on the City's website and sending the RFP to 31 animal shelters and veterinary practices in Orange County, four responses were received. The respondents included Back Bay Veterinary, Dover Shores Pet Care Center (who decided to submit another proposal), Orange County Animal Care, and Orange County Humane Society. In accordance with the City's RFP evaluation procedures, a review board convened to evaluate and rank the proposals. Based on the evaluation process, the City Council entered into a five-year contract with the Orange County Humane Society (OCHS) in Huntington Beach in April 2011. Since that time, staff has attempted to work with OCHS to insure that the animals at the facility are properly cared for until the owner can retrieve the animal or the animal is adopted. Over the last several years, the following issues continue to occur after staff has requested that the situations be resolved: • Animal cages are hosed down to clean the cages and leaving the animals wet for several days instead or removing the animal and cleaning the cage. • Some of the animals are housed in a building with no ventilation or sunlight. • Thirty-one (31) of sixty-two (62) drains in the kennel runs have covers that are missing, which could result in an animal with a sprained or broken leg. • Cat cages are not scrubbed down regularly, resulting in conditions that breed disease. • There is no proper quarantine area for sick cats. • Food and water bowls not regularly cleaned. • OCHS is marking up drugs by 300%. • Voice mailbox is full and residents cannot leave a message to find their animals. • Animal control receives citizen complaints on cleanliness of facility. The Police Department issued a notice of default on September 30, 2015 (Attachment B). The response on October 1, 2015 from OCHS was deemed inadequate (Attachment C). In addition, the City's Finance Department has begun a compliance audit of the operation per Section 20 of the contract. A draft report has been prepared with a number of irregularities identified with the accounting of revenue received through this contract. Given the non -response by OCHS to verbal requests for correction of defaults, it is recommended that the City consider an alternative site for shelter services as soon as possible. DISCUSSION: Animal Shelter Ootions 15-2 Animal Sheltering Services November 24, 2015 Page 3 The current contract with OCHS expires May 2016. The City may exit the contract with a seven (7) day notice. Based on the current condition of the shelter, the proper care of the animals and the results of the draft audit, OCHS is not meeting the standards as set forth in the contract. The City must provide shelter services in conjunction with the Animal Control operation. The location should be convenient to residents and provide quality care to animals in the City's care. Working collaboratively with a dedicated rescue group to adopt unwanted animals could be an ideal partnership. The City Council has a number of options to consider for shelter operations: End the contract in seven days with OCHS and enter into an agreement with "Home Free Animal Sanctuary" located at 20302 Riverside Drive, Newport Beach, CA. This facility is located in the Santa Ana Heights Specific Plan area in the Residential Kennel District. This unique zoning district allows for the development and maintenance of a neighborhood which includes single-family residences in conjunction with commercial kennel businesses. In 1969, the County of Orange approved Use Permit No. UP -3064 that allows a commercial kennel to be operated at this property. Staff believes that this property has been operated as a kennel since the approval of the permit in 1969 and notes that there are several other commercial kennels operating on Riverside Drive. The property has adequate space for the City's needs. The business is a 501(c) 3 non-profit rescue company and will be responsible for board, care and feeding of the City's animals. 2. Develop a new RFP for Animal Shelter Services to determine if there are other service providers available. 3. Have a community conversation to determine if a non-profit foundation and/or individual donors and volunteers could support a foundation -run shelter in Newport Beach, with a location to be determined. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 15-3 Animal Sheltering Services November 24, 2015 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Professional Services Contract Attachment B — Notice of Default Issued to OCHS, September 30, 2015 Attachment C — Response from OCHS, October 1, 2015 15-4 ATTACHMENT A MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF NEWPORT BEACH AND HOME FREE ANIMAL SANCTUARY FOR ANIMAL CARE SERVICES This Memorandum of Understanding ("MOU") is entered into this 24th day of November, 2015, which date is enumerated for purposes of reference only, by and among the City of Newport Beach ("City") and Home Free Animal Rescue & Sanctuary, a California Corporation whose address is ("Contractor"). RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. In accordance with Chapter 7.16 of the Newport Beach Municipal Code, all dogs, fowl or other animals found running at large on the streets, alleys, parks, beaches or other public places in the City may be impounded. C. When the City impounds animals, the animals are transferred to animal care shelter for retention. D. There exists no City -owned and operated facilities suitable for impounding and keeping fowl, dogs, cats or other animals. E. City currently does not own or operate any facilities suitable for impounding and caring for dogs, cats, fowl, or other Animals that may be impounded. F. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this MOU. G. City desires to engage Contractor to provide facilities for receiving, sheltering and caring for dogs, cats, fowl and other animals that may be picked up running at large on the City streets ("Project"). H. Contractor desires to designate the facility located at 20302 Riverside Drive, Newport Beach, California 92660 (the "Shelter") for the Project. L Contractor is willing to provide such animal care services on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 15-5 1. TERM The term of this MOU shall commence on the above written date, and shall terminate on November 30, 2016, unless extended by mutual agreement for up two (2) additional one- year terms or terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Work" or "Services"). The City may elect to deletecertaintasks of the Scope of Services at its sole discretion. 3. COMPENSATION TO CONTRACTOR City shall pay $5,000 per month accordance with the Schedule of Billing Rates attached hereto as Exhibit B incorporated herein by this reference. Contractor's compensation for all Services performed shall not exceed $60,000 annually. 4. ADMINISTRATION This MOU will be administered by the Police Department. The Traffic Services Lieutenant or his or her designee, shall be the Project Administrator and shall have the authority to act for City under this MOU. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this MOU. 5. CITY'S RESPONSIBILITIES In order to assist Contractor in the execution of its responsibilities under this MOU, City agrees to, where applicable: 5.1 Provide transport of animals to the Shelter's designated drop-off areas. 5.2 Provide a minimum of twelve (12) dog cages and a minimum of fifteen (15) cat cages at the Shelter. 5.3 Locate and notify owners of missing pets. 5.4 Coordinate with Contractor in developing a working relationship with animal rescue groups and organizations. 5.5 Provide staffing for release and pick-up of pets at Shelter. 5.6 Provide Contractor with access to the City's off-site veterinarian care provider. Animal Shelter Services Page 2 15-6 6. STANDARD OF CARE 6.1 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the professional and technical personnel required to perform the Services required by this MOU, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this MOU and all applicable federal, state and local laws and the -- - - professional standard of care. 6.2 Contractor represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this MOU. 6.3 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 7. HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this MOU, any Services provided under this MOU including, without limitation, Contractor's activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subcontractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. In addition, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from Claims related Animal Shelter Services Page 3 15-7 to the independent action of any animal (i.e. dog bite, cat bite, scratch etc.) located at the Shelter unless such action is due to the action, inaction or negligence of Contractor. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this MOU. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 8. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and - --- - Contractor -is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this MOU. Nothing in this MOU shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this MOU. Anything in this MOU that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 9. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Services to be performed. City agrees to cooperate with the Contractor on the Project. 10. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this MOU, policies of insurance of the type and amounts described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference. 11. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this MOU, the Services to be provided under this MOU shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. 12. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this MOU is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this MOU will be permitted only with the express written consent of City. Contractor shall not subcontract any portion of the Work to be performed under this MOU without the prior written Animal Shelter Services Page 4 15-8 authorization of City. 13. RECORDS Contractor shall keep records and invoices in connection with the Work to be performed under this MOU. Contractor shall maintain complete and accurate records with respect to the costs incurred under this MOU and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this MOU. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such --- - -records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the MOU for a period of three (3) years from the date of final payment to Contractor under this MOU. 14. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this MOU. Contractor shall not discontinue Work as a result 'of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 15. CITY'S RESERVATION OF RIGHTS The parties agree that nothing herein restricts the City's right to retain third parties to provide services similar to those identified in Exhibit B. 16. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this MOU, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this MOU by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 17. NOTICES All notices, demands, requests or approvals to be given under the terms of this MOU shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States Animal Shelter Services Page 5 15-9 mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Traffic Services Lieutenant Police Department City of Newport Beach 870 Santa Barbara Drive Newport Beach, CA 92660 Phone: 949-644-3740 Fax: 949-644-3794 - -- All notices, demands, requests or approvals from CITY to Contractor shall be addressed to Contractor at: Home Free Animal Sanctuary Attention: Kathy and Roy Leonard 20302 Riverside Drive Newport Beach, CA 92660 Phone: 949-370-2776 18. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this MOU at the time and in the manner required, that party shall be deemed in default in the performance of this MOU. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the MOU forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this MOU at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this MOU, whether in draft or final form. 19. COMPLIANCE WITH ALL LAWS Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. Animal Shelter Services Page 6 15-10 20. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 21. INTEGRATED CONTRACT This MOU represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and MOUs of - whatsoever -kind or nature are merged herein. No verbal MOU or implied covenant shall be held to vary the provisions herein. 22. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this MOU and the Scope of Services or any other attachments attached hereto, the terms of this MOU shall govern. 23. INTERPRETATION The terms of this MOU shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the MOU or any other rule of construction which might otherwise apply. 24. AMENDMENTS This MOU may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 25. SEVERABILITY If any term or portion of this MOU is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect. 26. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this MOU and all matters relating to it and any action brought relating to this MOU shall be adjudicated in a court of competent jurisdiction in the County of Orange. 27. EQUAL OPPORTUNITY EMPLOYMENT Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Animal Shelter Services Page 7 15-11 28. NO ATTORNEY'S FEES In the event of any dispute or legal action arising under this MOU, the prevailing party shall not be entitled to attorney's fees. 29. COUNTERPARTS This MOU may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this MOU to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp a.AA._w� WW City Attorney Y�11- (71 15 ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Edward Selich Mayor CONTRACTOR: HOME FREE ANIMAL SANCTUARY, a California corporation Date: Date: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Animal Shelter Services Page 8 15-12 EXHIBIT A SCOPE OF SERVICES ANIMAL SHELTERING SERVICES 1. Animal Acceptance 1.1 Acceptance of Animals. The Contractor shall accept at the Shelter any dog, cat, bird, fowl, reptile, guinea pig, hamster, rabbit, pot-bellied pig, or any other animal (e.g. small livestock and other exotic animals) on behalf of the City of Newport Beach that are brought in by Newport Beach Police Department staff. This includes live strays, and owner -releases for adoption. 1.2 Provisions. The Contractor shall ensure that proper housing and food are available for all animals accepted at the Shelter. In the case that the Shelter accepts an animal that requires food and/or supplies that is not regularly stocked at the Shelter, the City of Newport Beach staff will obtain said food and/or supplies on an as -needed basis. 1.3 Drop-off Procedures. The Contractor shall provide a procedure whereby animals may be delivered to the Shelter. The procedure shall provide Newport Beach Animal Control staff with flexibility in drop-off times for animals; Newport Beach Police Department staff must be able to access the Shelter portion of the facility 24 hours per day. Newport Beach Police Department staff will assume primary responsibility in contacting owners of impounded animals. 4 Holding Periods. The following holding periods, as determined by State of California regulations, shall apply to those animals delivered to the Contractor by Newport Beach Police Department staff or relinquished by a citizen of the City of Newport Beach: 1.4.1 Stray Animals: 5 days (hold released on the 6th day) 1.4.2 Owner -Relinquished Animals: 3 days (hold released on the 4th day) 1.4.3 Feral Cats: 3 days (hold released on the 4th day) 1.4.4 Bite Quarantines: 10 days (hold released on the 10th day) 1.4.5 Newport Beach Police Department staff Hold: 2 days (This hold is utilized after applicable holding periods have expired and when an animal delivered to the Contractor by Newport Beach Police Department staff. 1.4.6 Upon expiration of the designated holding periods, ownership of animals will transfer to the City of Newport Beach. Animal Shelter Services Page A-1 15-13 1.5 Owner Relinquished Pets. The Contractor shall accept those .animals that are willingly relinquished by citizens of the City of Newport Beach. The owner must provide proof of ownership of the animal, a current Driver's License showing a City of Newport Beach address, a copy of a current utility bill showing a City of Newport Beach address, and complete necessary relinquishment forms required by the Contractor and City. Owner shall be responsible for paying vaccination fees if the relinquished animal is determined not to be current on vaccinations, as well as an Owner Relinquishment Fee, payable to the City of Newport Beach. 2. Shelter Operations -- 2.1 Facility Requirements. The Contractor shall maintain an adequate number of dog kennels, cat cages, and isolation facilities for quarantined animals, hereby defined as a minimum of twelve (12) dog cages and a minimum of fifteen (15) cat cages designated for the City at the Shelter. Cat cages must utilize actual cat/kitty litter as opposed to paper or any other substitute. The Shelter shall be maintained in a clean and sanitary condition. The Shelter shall comply with the standards set forth in the Guidelines for Standards of Care in Animal Shelters, by The Association of Shelter Veterinarians 2010 for the operation of an animal shelter. The Newport Beach Police Department staff reserve the right to enter and inspect the premises during regular business hours for the purpose of inspecting the Shelter for compliance. The Contractor shall provide an emergency number for after hour emergencies. 2.2 Care. The best possible care and treatment shall be given to all animals held in the custody of Contractor. Adequate housing and food shall be provided and the Shelter shall not be overpopulated. Contractor must exercise good faith and its best judgment to refer animals delivered or housed at the Shelter to the City's veterinarian care provider to obtain necessary and prompt veterinarian care as reasonable and prudent under the circumstances. Pet owners of impounded animals would remain responsible for all routine/emergency veterinary care costs. The Contractor shall provide means for the isolation of contagious animals that will allow for humane care and not expose other sheltered animals to risk. 2.2.1 Food and Water. Water shall be changed daily and whenever visibly soiled. Animals shall be fed a consistent diet to minimize stress and gastrointestinal upset. Dogs shall be fed two times daily, with food not eaten disposed of within 24 hours. Food and water shall be provided by Contractor at Contractor's sole cost and expense. 2.2.2 Cleaning: Cages/Runs. Cages and runs shall be spot cleaned with Accelerated hydrogen peroxide (AHP) disinfectant or another similar disinfectant approved by the Newport Beach Police Department on a daily basis following the Koret Shelter Medicine Program spot cleaning protocol. A thorough cleaning and disinfection will be performed whenever a different animal is placed in the cage/run. Consultant and Animal Shelter Services Page A-2 15-14 City will develop a Shelter sanitation plan. Any changes in detergents and disinfectants will require prior consultation with City before implementation. 2.2.3 Equipment. All equipment that is in contact with animals (i.e. carriers, bedding, litter boxes, dog beds, toys) will be disinfected or discarded after use by a single animal. 2.3 Special Handling_ The Contractor must ensure that animals with Police holds, quarantines, or pets held in protective custody shall be in an isolated area not permitting the public to have access or visit. These animals shall not be removed from the isolated area without approval from Newport Beach Police Department staff. 2.4 Euthanasia. The Newport Beach Police Department staff shall arrange and/or provide for the humane euthanasia and disposal of animals that are irremediably suffering or who have been diagnosed with a terminal condition, or who are deemed by the Newport Beach Police Department to be an irremediable danger to human safety. This shall be accomplished in a manner approved by Federal or State regulations, which shall not subject such animals to any unnecessary pain or suffering. The City's veterinarian care provider shall be the authority in opting for euthanasia for medical reasons. However in the case of medical euthanasia, Contractor shall have the option of electing, at Contractor's sole cost and expense, to find a suitable foster home/hospice care home for any animal determined by the City's veterinarian care provider to be subject to medical euthanasia 2.5 Emergency Veterinary Care. The Contractor may, and the City may direct the Contractor to transport animals to the City -contracted veterinarian care provider for emergency veterinary care on a case by case basis. Referral and transport for veterinarian care shall be performed as deemed necessary by Newport Beach Police Department staff or pursuant to the Contractor's exercise of its best judgment pursuant to Section 2.2. above, Veterinarian care shall be at the City's cost until such time as reimbursement from the owner of the animal(s) is provided. Under no circumstances shall the costs of veterinary care be the responsibility of Contractor. 3. Adoptions 3.1 Adoption. The Contractor and City shall be responsible for making every reasonable effort to prepare and present animals at the Shelter for adoption by the public and to facilitate the adoption process. The City shall be responsible for ensuring that all adoptable animals are eligible to be placed for adoption once the holding period is up for the animal's owner to claim. Fees will be charged based on the schedule in Section 6. Animal Shelter Services Page A-3 15-15 4. Administrative Protocol 4.1 Inspection Hours. Visitors shall be permitted to view all impounded animals at the Shelter during normal inspection hours. City will confer with Consultant in order to facilitate the use of volunteers to assist the Shelter Coordinator on an as -needed basis. Hours shall be staffed by City of Newport Beach volunteers and mutually agreed upon by Contractor and City. Inspection hours shall be posted so as to be easily observable at the front exterior of the Shelter. The Shelter shall be closed on the following holidays and their extensions; Holiday Holiday Description Independence Day July 4 Labor Day 1St Monday in September Thanksgiving Day 4t" Thursday in November Christmas Day December 25 New Year's Day January 1 Easter Designated Sunday in March/April Memorial Day Last Monday in May 4.2 Standards of Practice. The Contractor shall be responsible to comply with the reasonable standards of practice set by the City as to the following: 4.2.1 Frequency of Shelter and cage cleaning; 4.2.2 Shelter both must be adhere to all California standards and regulations applicable to animal shelters including but not limited to those set forth in the California Food and Agriculture Code; and 4.2.3 Shelter must be in full compliance with any provisions of the California Veterinary Practice Act applicable to animal shelter services. 4.3 Shelter Coordinator. The Contractor shall make available to the City a Shelter Coordinator. The duties of this position shall include: 4.3.1 Reviewing Shelter practices and procedures to ensure efficient and economical use of resources; 4.3.2 Cleaning and disinfecting Shelter areas/cages; and 4.3.3 The Shelter Coordinator shall be relied upon as the City's primary point of contact pertaining to daily sheltered animal -related matters and as such, should have a designee in his/her absence who is also aware of daily operational matters. Animal Shelter Services Page A-4 15-16 4.4 Collection of Fees. The City shall be responsible for collecting all fees (Examples: license fees, impound fees, etc.) and will provide proof of payment of fees to Contractor as necessary. 4.5 Record Keeping. Contractor shall maintain those records required to be maintained by the State of California and its regulation of animal shelters. All other records shall be maintained by the City's Police Department. Animal Shelter Services Page A-5 15-17 EXHIBIT B SCHEDULE OF BILLING RATES ANIMAL SHELTERING SERVICES 1. Fees Payable to Contractor by City 1.1 Monthly Contract Rate: $5,000 per month Contractor shall bill City a base monthly contract rate which includes all non - itemized items and administrative costs of operating the animal shelter on a monthly basis, including the boarding, feeding and care of impounded animals, 2. User Fees Payable to City The City shall be responsible for establishing and collecting all fees related to animal sheltering, veterinary care and impound of animals in accordance with the schedule below. 2.1 Adoption Fees. The following fees shall be charged to the public for the adoption of animals. Below is a description of all the services included in every adoption. The Contractor shall notify the City in the event any of the adoption fees are changed. All adoptable animals prior to adoption shall be vaccinated to the extent that they are brought current with vaccinations; the vaccination amounts listed below are assumed for animals that are either born in the Shelter or otherwise have not received any vaccinations. 2.1.1 Cat: $90 The cat adoption fee includes a basic shelter vaccination package with each adoption including: a veterinarian exam, 1 FVRCP vaccine, 1 rabies vaccine, 2 intestinal de -worming treatments, flea treatment medications, neuter/spay, and microchip implant. 2.1.2 Kitten: $110 The kitten adoption fee includes a basic shelter vaccination package with each adoption including: a veterinarian exam, 2 FVRCP vaccine, 1 rabies vaccine, 2 intestinal de -worming treatments, flea treatment medications, neuter/spay, and microchip implant. 2.1.3 Dog: $130 The dog adoption fee includes a basic shelter vaccination package with each adoption including: a veterinarian exam, 1 DHPP/BOR (intranasal) vaccine, 1 rabies vaccine, 2 intestinal de -worming treatments, flea treatment medications, neuter/spay, and microchip implant. Animal Shelter Services Page A-6 15-18 2.1.4 Puppy: $150 The puppy adoption fee includes a basic shelter vaccination package with each adoption including: a veterinarian exam, 2 DHPP /BOR (intranasal) vaccines, 1 rabies vaccine, 2 intestinal de -worming treatments, flea treatment medications, neuter/spay, and microchip implant. 2.1.5 Rabbit: $40 The rabbit adoption fee includes a basic shelter vaccination package with each adoption including: a veterinarian exam, 1 FVRCP vaccine, 1 rabies vaccine, 2 intestinal de -worming treatments, flea treatment - medications, neuter/spay, and microchip implant. 2.2 Pet Licensing. City of Newport Beach Dog Licenses will be sold at the Newport Beach Police Department, per the City's current fee schedule and accordingly, verification of dog license information when an owner arrives to reclaim a dog. 2.3 Boarding Fees. Boarding Fees are $10 per night. 2.4 Voluntary Relinquishment of Pet. A charge of $85 is required to voluntarily relinquish a pet to the Shelter 2.5 Veterinary services are established in the contract with the City's approved Veterinarian. 2.6 Impound Fees are established in the City's fee and rate schedule. Animal Shelter Services Page A-7 15-19 ATTACHMENT B NEWPORT BEACH POLICE DEPARTMENT YFWpo� aTRAFFIC DIVISION INTEROFFICE MEMORANDUM TO: Dr. Samir Botros FROM: Sergeant R. Johnson DATE: September 30, 2015 SUBJECT: Notice of Default of Professional Services Agreement Pursuant to the Professional Services Agreement ("Agreement") between the City of Newport Beach ("City") and the Orange County Humane Society ("Contractor") dated April 26, 2011 and amended June 2012, several items of concern have been noted regarding the welfare, care, conditions, and capacity of the shelter. As such, this memorandum will serve as written notice of default regarding the following provisions of the Agreement: 1. Owner Relinquished Pets - Per Exhibit A, Section 1.5 of the Agreement, the Contractor is required to accept owner relinquished animals from citizens of Newport Beach, with appropriate documentation as outlined in the Agreement. The Contractor is currently not accepting owner relinquished cats, in violation of the Agreement. 2. Cleaning and Maintenance of Dog Kennels — Per Exhibit A, Section 2.1 of the Agreement (Facility Requirements), the Contractor is to comply with the standards set forth in the Humane Society's Uniform Standards Guidelines (HSUS) regarding shelter operations, which includes maintaining the Shelter in a clean and sanitary condition. Regarding the cleaning of dog kennels, the HSUS states, in part, "Sanitation requires removal of the animal from the area to be cleaned. It is never appropriate, nor is it humane, to use a hose or apply disinfectants in an enclosure with an animal still present."' The City has noted several instances where animals have not been removed during the kennel cleaning process, which can lead to physical and mental distress, illness, and infection. In addition to the items noted above, the City has been made aware of several instances of the Shelter's voice mail box not accepting messages because it is too full. As one of the goals of an animal shelter is to reunite lost animals with their owners, it is in the spirit of efficient shelter operations to maintain an answering service/ voicemail system equipped to accept an adequate number of messages to reunite lost animals with their owners quickly. 15-20 Per item 27 of the Agreement (Termination), Items 1 and 2 of this notice must be corrected within two (2) calendar days. If more than two (2) calendar days are necessary, the Contractor shall notify the City and provide a plan to correct the noted deficiencies. In either instance, a written reply to this notice of default is required specifying the nature of the default and the necessary steps to correct the default. Maintaining an animal shelter is a noble and sometimes challenging endeavor. By working together, we can provide an animal shelter that not only meets the standards set forth in the Agreement, but also is a model of efficiency, safety, and professionalism. Very Si cerely, Sergeant R. Johnson American Humane Society (2010). Operational Guide for Animal Care and Control Agencies —Sanitation and Disease Control in the Shelter Environment. 15-21 ATTACHMENT C Dr. Botros Dr.Rizk Dr.Abdelmalek ANIMAL HOSPITAL October 1", 2015 Dear Sergeant R. Johnson, This letter is in response to your concerns regarding the Humane Society. As you know, this summer, we had a major outbreak of a fungal infection in the cat wards. Dermatophytosis, or Ringworm, is a zoonotic fungal infection that is transferable between species, including humans. As such, we spoke with Officer Schomburg regarding temporarily halting intake of pets in order to contain the outbreak. Every measure has been taken to not only contain but to eliminate the outbreak completely. Additionally, adoption discounts were implemented in order to find homes for healthy shelter pets, and continues at this moment to open space in the cat wards. I appreciate your concern regarding the cleaning of the dog kennels. Our dog -runs contain a centralized sliding partition. This allows for cleaning of one side at a time without completely taking the dog out of his/her cage. We strive on minimizing dog movement between cages in order to alleviate the risk of contagious diseases, such as intestinal parasites and dermatological condition, among others. I also discussed with my staff, as well as with Officer Schomburg through email, the importance of checking the Humane Society's voicemails on a daily basis. Please let me know if you have any more concerns so I can handle them in a timely manner. The Orange County Humane Society and its staff appreciate your continued support. Sincerely, Samir Botros, DVM Keane Heising, OCHS Manager 21632 Newland St, HB, CA 92646 (714) 536-6537 f (714)536-4541 www.MyAAAVet.net aaaanimalhospital@myaaavet.net 15-22