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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
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November 24, 2015
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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
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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.
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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
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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:
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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
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