REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 27, 2023
FROM
JOSHUA DUGAS, Director, Department of Public Health
SUBJECT
Title
Contract with the Town of Apple Valley for Provision of Animal Shelter Services
End
RECOMMENDATION(S)
Recommendation
Approve a contract with the Town of Apple Valley, including non-standard terms, for the provision of animal shelter services in the unincorporated areas of the High Desert region, in the amount not to exceed $1,110,122, for the one-year period of July 1, 2023 through June 30, 2024.
(Presenter: Joshua Dugas, Director, 387-9146)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
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 will not result in the use of additional Discretionary General Funding (Net County Cost). The cost will not exceed $1,110,122, which includes the one-time cost of $80,000 for capital improvements to allow the Town of Apple Valley (Town) to expand capacity at the shelter facility and enhance animal welfare programs. Adequate appropriation and revenue have been included in the Department of Public Health’s (DPH) 2023-24 budget.
BACKGROUND INFORMATION
DPH will contract with the Town to provide animal shelter services for residents in the unincorporated areas of the High Desert region for the period of July 1, 2023 through June 30, 2024. Shelter services covered by the contract includes the housing of animals in the High Desert region of the County and the care, including medical care, of those animals.
The DPH Animal Care (AC) program provides animal care and control services to residents throughout San Bernardino County (County). AC utilizes contracted shelters in outlying unincorporated areas of the county where the County does not own or operate a shelter. These facilities reduce travel time for field animal control officers and make it easier for residents to retrieve and adopt the animals. The shelters house, quarantine, and process animals in accordance with State Law and the County Code. In addition, these shelters collect licensing revenue and other fees on behalf of the County. The contract allows for the Town to provide shelter for a maximum of 3,435 animals for the County, per contract year, with any additional animal admissions being charged on a percentage of use basis.
The Town facility has previously been utilized for services and performed at a satisfactory level. By partnering with the Town to obtain services, the County is able to maintain and operate a l facility in the needed region, which provides the capacity needed and operational efficiencies. With the one-time capital improvement payment of $80,000, the Town will modify and renovate the shelter and animal holding areas, which will permit for better care for the additional number of animals anticipated to be cared for by this contract.
Per County Policy 11-05, contracts containing non-standard terms must be approved by the Board. The contract with the Town includes a term that differs from the standard County agreement. The non-standard term is the following:
1. The nonstandard term in the contract requires both the County and the Town to indemnify each other in the event of a claim for damages or losses. Consistent with the standard terms, neither party is required to indemnify the other in the event of that party’s sole negligence or willful misconduct.
• The standard term for indemnification in a County contract requires that the service provider indemnify the County against all claims, actions, losses, damages and/or liabilities arising out of the contract regardless of the cause except where the County is solely negligent or engaged in willful misconduct.
• Potential Impact: Acceptance of this term increases potential legal liability as the County will be required to indemnify the Town for harm or damage caused by the Town in many circumstances.
Animal Care recommends approval of the contract, including non-standard terms, as the contract will allow for the housing and better care of animals in the High Desert.
PROCUREMENT
Purchasing supports the non-competitive justification of functional specifications due to the Town facility, at 36,000 square feet, being the only location with the capacity to house County shelter services in the High Desert. Also, DPH established and has maintained a working relationship with the Town for shelter services when the shelter was built in 2012.
REVIEW BY OTHERS
This item has been reviewed by Human Services Contracts (Patty Steven, Contracts Manager, 388-0241) on May 24, 2023; County Counsel (Daniel Pasek, Deputy County Counsel, 387-5455) on June 5, 2023; Purchasing (Michelle Churchill, Supervising Buyer, 387-2070) on June 6, 2023; Finance (Christopher Lange, Administrative Analyst, 386-8393) on June 5, 2023; and County Finance and Administration (Cheryl Adams, Deputy Executive Officer, 388-0238) on June 6, 2023.