REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
March 12, 2024
FROM
JOSHUA DUGAS, Director, Department of Public Health
SUBJECT
Title
Grant Award from the University of California Davis, Koret Shelter Medicine Program, for the California for All Animals Program
End
RECOMMENDATION(S)
Recommendation
1. Accept grant award (Award No. A67065), including non-standard terms, from the University of California Davis, Koret Shelter Medicine Program, in the amount not-to-exceed $100,000, for the California for All Animals Program, for the period of April 1, 2024 through March 31, 2025.
2. Authorize the Chair of the Board of Supervisors, Chief Executive Officer, or Director of the Department of Public Health, to execute and submit grant documents, and any subsequent non-substantive amendments in relation to the grant award (Award No. A67065), subject to review by County Counsel.
3. Direct Director of the Department of Public Health to transmit all amendments in relation to the grant award (Award No. A67065) to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: Joshua Dugas, Director, 387-9146)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
This item does not impact Discretionary General Funding (Net County Cost). The grant award in the amount not-to-exceed $100,000 from the University of California Davis, Koret Shelter Medicine Program (UC Davis KSMP), through the California for All Animals Program does not require a match. Adequate appropriation and revenue have been included in the Department of Public Health’s (DPH) 2023-24 budget and will be included in future recommended budgets.
BACKGROUND INFORMATION
UC Davis KSMP was awarded one-time $50,000,000 in state funding to provide a variety of programs and direct funding support through grant allocations to local animal shelters through the statewide California for All Animals Program. The intent of this program is to reduce the euthanasia of adoptable, healthy, and treatable pets.
The County is mandated to provide prompt veterinary care by state licensed veterinarians to injured, stray, and homeless pets. DPH Animal Care currently uses the grant award to increase the level of care for pets in need of enhanced veterinary services in DPH Animal Care facilities that otherwise may be subject to euthanasia, which aligns with the goals of the California for All Animals Program.
On September 25, 2023, DPH submitted an application to the California for All Animals Program, in the amount of $200,000, to establish a pet foster program to train foster families who will provide temporary homes for high-need kittens and cats requiring additional support prior to adoption. This includes young kittens without a mother, ill cats, and semi-social cats. The pet foster program aims to create a caring environment to better prepare the animals for adoption, as well as expand the number of kittens and cats which can be cared for by DPH.
On December 29, 2023, DPH received a grant award (Award No. A67065) in the not-to-exceed amount of $100,000, from the UC Davis KSMP, for the period of April 1, 2024 through March 31, 2025.
The contract with UC Davis KMSP includes terms that differ from the standard County contract. The non-standard terms include:
1. UC Davis KSMP requires the County to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys’ fees, or claims for injury or damages arising from the performance of this contract, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.
• The County standard contract indemnity provision requires the other party to indemnify, defend and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law.
• Potential Impact: In the event of a lawsuit concerning the grant program, UC Davis KSMP will not be obligated to defend the County. Further, should a lawsuit be filed concerning the grant program and UC Davis KSMP or facility be named as a party, the County will be required to indemnify and defend them.
2. The grant contract permits UC Davis KSMP to cancel the grant contract at any time and for any reason upon 30 days’ written notice. The grant is silent as to whether the County may unilaterally cancel the grant contract.
• The County standard contract permits the County to terminate a contract upon 30 days’ written notice.
• Potential Impact: UC Davis KSMP may cancel the grant contract at any time and for any reason after providing 30 days’ notice after which the County is required to reimburse UC Davis KSMP for any unspent funds.
3. The contract does not include certain standard County insurance requirements, including the waiver of subrogation.
• The County standard contract requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department.
• Potential Impact: No waiver of subrogation may allow UC Davis KSMP’s insurer to bring suit against the County, which could result in expenses that exceed the total contract amount.
4. Venue for any proceeding concerning the validity and operation of the grant contract is silent, it only states that the laws of California apply.
• The County standard contract requires venue for disputes to be in the Superior Court of California, County of San Bernardino, San Bernardino District.
• Potential Impact: Having a venue outside of the Superior Court of California, County of San Bernardino may result in additional expenses which exceed the amount of the contract.
DPH recommends approval of the grant award, including the non-standard terms, as this funding will allow DPH to implement a pet foster program to serve more animals in need and further the County goal of providing for the safety, health and social service needs of county residents.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Brett Davison, Deputy County Counsel, 387-5455) on February 14, 2024; Risk Management (Victor Tordesillas, Deputy Executive Officer, 386-8623) on February 16, 2024; Finance (Iliana Rodriguez, Administrative Analyst, 387-4205) on February 26, 2024; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on February 26, 2024.