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HomeMy WebLinkAbout5.A.2. Animal Control Contract CITY OF SHAKOPEE s: fi.l . POLICE DEPARTMENT Memorandum COr~SEr~r TO: Mayor and City Council Mark MeN eill, City Administrator FROM: Craig Robson, Captain SUBJECT: Animal Control Contract DATE: June 16, 2009 INTRODUCTION: The current animal control contract for the City expired on March 31, 2009. . The police department has continued to use the services of 4 PAWS Animal Control LLC during the interim. The police department is asking council to enter into a two-year agreement with 4 PAWS Animal Control LLC, to continue as the City's animal control service provider. BACKGROUND: The police department recently received two proposals for our animal control services. Minnesota Critter Getters and 4 PAWS submitted proposals which were reviewed by department staff. It is the recommendation of the police department to continue to use 4 PAWS for the City's animal control services. 4 PAWS maintains an office much closer for Shakopee residents to retrieve their animals and the police department feels that 4 PAWS has provided a satisfactory level of service in the past. 4 PAWS was asked to reduce the amount they charged to the City for their services and has reduced their monthly charge from $2,600 to $2,300. BUDGET IMPACT: Funds are dedicated in the 2009 police department budget for animal control services. The RFP submitted by 4 PAWS includes language that allows the City to discontinue the agreement with a 30 day written notice, should this be an area where the City chooses to discontinue service in 2010. VISIONING RELATIONSHIP: This action supports: Goal B - High Quality oflife. Strategy 6: Provide high quality services RECOMMENDATION: Staff recommends the City enter into a two-year agreement with 4 PAWS Animal Control Services LLC for the City's animal control services at a rate of $2,300.00 per month. ACTION REQUESTED: The City Council, if they concur, should by motion authorize the appropriate city officials to enter into a two-year agreement with 4 PAWS Animal Control Services LLC for the City's Animal Control Services. Attachments 1) Agreement and Proposal/Bid from 4 PAWS Animal Control/LLC AGREEMENT FOR ANIMAL CONTROL SERVICES THIS AGREEMENT is made on the 16th day of June, 2009 between the City of Shakopee, a Minnesota municipal corporation (hereinafter "City"), whose address is: 129 South Holmes Street and 4 Paws Animal Control Services, LLC (hereinafter "Animal Control Officer") whose business address is: 9218 3rd Ave S, Bloomington, MN 55420. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions under which 4 Paws Animal Control Services, LLC will provide animal control services and act as the City's Animal Control Officer. RECITALS WHEREAS, the City requires the services of an Animal Control Officer for public safety reasons; and WHEREAS, the City's previous Animal Control Agreement terminated services to the City on March 31,2009; and WHEREAS, on March 31, 2009, the City issued a request for quotations for animal control services to two vendors, a copy of the City's letter requesting quotations is incorporated herein and attached to this Agreement as Exhibit A; and WHEREAS, the two firms that submitted proposals and were interviewed by the City were Minnesota Critter Getters and 4 Paws Animal Control Services, LLC; and WHEREAS, the City Council reviewed both proposals and decided that 4 Paws Animal Control Services, LLC be selected to serve as Animal Control Officer; and WHEREAS, the 4 Paws Animal Control Services, LLC proposal is incorporated herein and attached to this Agreement as Exhibit B; and NOW, THEREFORE, based on the mutual promises and consideration provided for herein, the sufficiency of which is not disputed, the parties agree as follows: 1. Recitals. The Recitals set forth above are incorporated by reference as if fully set forth herein. 2. Animal Control Officer. 4 Paws Animal Control Servces, LLC shall designate Scott Hutnik to serve as the City's Animal Control Officer. Any change by 4 Paws Animal Control to this personnel designation must be approved in advance by the City. 3. Scope of Work. The Scope of the Work is set forth in two documents, the City's letter requesting quotations dated March 1, 2006, which is attached to this 1 < Agreement as Exhibit A and 4 Paws Animal Control Services, LLC's Proposal dated March 4, 2006, which is attached to this Agreement as Exhibit B. Exhibits A and B are incorporated by reference herein as if fully set forth. Read together, Exhibits A and B, and this Agreement collectively constitute the "Contract Documents" and define the work the Animal Control Officer shall perform on behalf of the City pursuant to this Agreement. If there is a conflict between any of the provisions in the Contract Documents, the discrepancy shall be resolved by utilizing the provisions most favorable to the City. The Animal Control Officer shall perform all the work as set forth in and required by the Contract Documents (the "Work") in strict accordance with the Contract Documents, including, but not limited to, the following: a. Provide a dedicated phone line for animal control service requests. The Animal Control Officer must answer the dedicated phone line 24 hours a day and 365 days a year. Any missed phone calls must be returned by the Animal Control Officer immediately. b. Operate an animal impound facility. The facility shall be open to the public from 3:00 p.m. to 7:00 p.m. on weekdays and from 11 :00 a.m. to 12:00 p.m. on weekends. The Animal Control Officer shall also allow animal owners and the City to schedule appointments outside of these times to drop off or retrieve an animal from the facility. c. Transport animals in need of medical treatment or euthanasia to the veterinarian. d. Pay for any veterinarian services that are incurred by the animal during the impound period (including euthanasia). The Animal Control Officer may require the animal's owner to reimburse it for these services. However, under no circumstances shall the City be responsible for payment of these services. e. Send or give notification to animal's owner that his or her animal has been brought in or picked up (when the owner is known). Notification shall be within 24 hours of receipt of the animal by the Animal Control Officer. f. Pick up and dispose of dead animals on City roads and property. The Animal Control Officer shall be responsible for any disposal costs. g. Provide the City with at least eight hours per month of additional animal control services which are not included services pursuant to the Contract Documents. h. Respond to all emergencies within the City involving animals. i. Quarantine animals in the impound facility when required by the City. The Animal Control Officer may charge the animal's owner for these services. 2 j. Provide the City with a monthly report of all animal control enforcement activities that occurred during that month, including: incident information, animal owner information, final disposition of the animal and any fees collected. k. Pick up sick or injured wild animals. I. Collect any license or other fees on behalf of the City from animal owners. All fees collected shall be remitted by the Animal Control Officer to the City on a monthly basis, no later than the last day of the month. m. Transport unclaimed animalsto a shelter or to a veterinarian for euthanasia. n. Pick up nuisance domestic animals that are in violation of the City's Ordinances. o. Advise the City on animal control regulations and standards. p. Prepare notices, letters, waivers, etc. and perform other work as directed by the City pertaining to dangerous dogs and potentially dangerous dogs. 4. Time for Performance of Services. The Animal Control Officer shall perform the services described in the Contract Documents within the timeframe specified therein unless otherwise agreed upon by the parties in writing. 5. Standards. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Scott County, Minnesota for services of the like kind. 6. Term. The term of this Agreement is from April 1 ,2009 to March 31,2011. 7. Compensation for Services. a. Annual Amount. The City agrees to pay the Animal Control Officer $27,600 for the period April 1, 2009, to March 31, 2010 and $27,600 for the period April 1, 2010 to March 31, 2011. The annual amount shall constitute full compensation by the City for all of the services set forth in the Contract Documents. b. Method of Payment. The annual amount will be paid by the City to the Animal Control Officer in monthly installments of $2,300 no later than the 15th of each month for the preceding month. ' c. Compensation for Additional Services and Expenses. In addition to the above compensation, the Animal Control Officer may perform additional services or incur expenses that are not included in the scope of work pursuant to the Contract Documents, such as retaining special consultants. The Animal Control Officer will be compensated for this additional work or expenses so long as work and expenses are approved by the City in writing 3 in advance. For work to be paid on an hourly basis, the Animal Control Officer shall indicate for each employee: his or her name, job title, the number of hours worked, his or her rate of pay, and a computation of amounts due along with the total amount due for each project task. For expenses, the Animal Control Officer shall provide such documentation as reasonably required' by the City. If any additional work is performed by the Animal Control Officer and it is abandoned or suspended in whole or in part by the City, the Animal Control Officer shall be paid for any services performed on account of it prior to receipt of written notice from the City of such abandonment or suspension. d. The Animal Control Officer shall submit to the City, on a monthly basis, itemized bills for animal control services that were provided that month. The Animal Control Officer shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. 8. City's Responsibilities. The City is responsible for the following: a. Property Access. Depending on the nature of the work, the Animal Control Officer may from time to time require access to public or private property. As may be necessary, the City shall obtain access to and make all provisions for the Animal Control Officer to enter upon the property as required for the Animal Control Officer to perform such services necessary to complete the work. b. Review of the Animal Control Officer's Work. The City shall review all reports and other documents presented by the Animal Control Officer, and shall inform the Animal Control Officer of all decisions required of City within a reasonable time so as not to delay the work of the Animal Control Officer. c. City's Representative. The City's Police Chief, or his or her designee shall communicate with the Animal Control Officer with respect to the work to be performed under this Agreement. The Police Chief or his or her designee shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services to be provided by the Animal Control Officer pursuant to this Agreement. 9. Audit Disclosure. The Animal Control Officer shall allow the City or its duly authorized agents reasonable access to such of the Animal Control Officer's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Animal Control Officer under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Animal Control Officer shall become the property of the City upon termination of this Agreement, but Animal Control Officer may retain copies of such documents as records of the services provided. 4 10. Termination. This Agreement may be terminated by either party by 30 days' written notice delivered to the other party at the address written above. Upon termination under this provision if there is no breach of any of the terms of this Agreement by the Animal Control Officer, the City shall make certain that the Animal Control Officer is paid a prorated amount of the annual amount of compensation until the date of termination and is paid for any additional services rendered or expenses incurred that were approved in advance by the City. If however, the City terminates the Agreement because, in the City's opinion, the Animal Control Officer has failed to perform in accordance with this Agreement, no further payment shall be made to the Animal Control Officer and any remaining annual installments to be paid by the City will be forfeited. However, the City will pay the Animal Control Officer for any additional services that were rendered or expenses incurred that were approved in advance by the City. 11. Subcontractor. The Animal Control Officer shall not enter into subcontracts for services provided under this Agreement except as noted in the Contract Documents, without the express written consent of the City. The Animal Control Officer shall pay any subcontractor involved in the performance of this Agreement within the 10 days of the Animal Control Officer's receipt of payment by the City for undisputed services provided by the subcontractor. If the Animal Control Officer fails within that time to pay the subcontractor any undisputed amount for which the Animal Control Officer has received payment by the City, the Animal Control Officer shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Animal Control Officer shall pay the actual interest penalty due to the subcontractor. 12. Independent Consultant. At all times and for all purposes herein, the Animal Control Officer is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Animal Control Officer an employee of the City. The City shall not assume any liability and shall not be responsible for the direct payment of any of salary, wage, workers' compensation, income tax withholding and health insurance or any other type of compensation to any of the Animal Control Officer's employees. 13. Non-Discrimination. During the performance of this Agreement, the Animal Control Officer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Animal Control Officer shall post in places available to its employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Animal Control Officer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for work to be performed pursuant to this Agreement, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for work to be performed pursuant to this Agreement. 5 14. Assianment. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 15. Services Not Provided For. No claim for services furnished by the Animal Control Officer not specifically provided for herein or approved by the City in writing in advance shall be honored by the City. 16. Compliance with Laws and Reaulations. In providing services hereunder, the Animal Control Officer shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Animal Control Officer and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Chapter 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 18. Indemnification. The Animal Control Officer agrees to defend, indemnify and hold the City, its officials, employees, agents and contractors harmless from any claim brought or actions filed against the City for property damage, bodily injury or death arising out of or relating to the Animal Control Officer's work pursuant to this Agreement, including from and against all losses incurred by the City by reason of the failure of the Animal Control Officer to fully perform, in any respect, any of its obligations pursuant to this Agreement. 19. Insurance. a. General Liabilitv. The Animal Control Officer shall maintain commercial general liability insurance with a limit of not less than $1,500,000 each occurrence. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury and contractually-assumed liability. The insurance shall be on a primary and non-contributory basis. The City shall be named as an additional insured under the policy. b. Workers' Compensation. The Animal Control Officer shall provide a certificate of insurance showing evidence of workers' compensation coverage or provide evidence of qualification as a self-insurer of workers' compensation. 6 c. Automobile Liability. Throughout the term of this Agreement, the Animal Control Officer shall maintain automobile liability insurance with a limit of not less than $1,500,000 each occurrence. The insurance shall cover liability arising out of the Animal Control Officer's patrol vehicles, and any other automobiles, including owned, hired, and non-owned automobiles. Certificates of insurance for all insurance policies required above shall be filed with the City prior to the commencement of the Work. The certificates and the required insurance policies shall contain provisions that the coverage will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the City. 20. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 21. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 22. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. Executed as of the day and year first written above. 4 PAWS ANIMAL CONTROL SERVICES, LLC CITY OF SHAKOPEE By: By: Scott Hutnik John J. Schmitt Its: Mayor Its: President By: Mark McNeill Its: City Administrator By: Judith S. Cox Its: City Clerk 7 EXHIBIT A City Letter Requesting Quotations . [to be attached] 8 EXHIBIT B 4 Paws Animal Control Services, LLC Proposal [to be attached] 9