HomeMy WebLinkAbout4.B.1. Council is asked to authorize city staff to enter into a three year agreement with 4 PAWS Animal Control LLC Consent Business 4. B. 1.
SHA..KOPEE
TO: Mayor and City Council
FROM: Craig Robson, Captain
DATE: 09/01/2015
SUBJECT: Animal Control Contract (D)
Action Sought
Council is asked to authorize appropriate city staff to enter into a three year
agreement with 4 PAWS Animal Control LLC for the City's animal control services.
Background
The current animal control contract for the City has expired. The police department
continues to use the services of 4 PAWS Animal Control LLC in the interim. The
police department recently received a proposal to continue the terms and conditions
of our animal control services with PAWS Animal Control LLC for a three year
term. The new proposal calls for a $2450 monthly charge, a monthly increase of
$50 over the previous contract. This fee remains below what the police department
paid for animal control services five years ago when the department
incurred annual charges of$34,000.
Recommendation
Staff recommends the City enter into a three-year agreement with 4 PAWS Animal
Control LLC for the City's animal control services at a rate of$2450.00 per month.
Budget Impact
Funds are dedicated in the 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 services.
Relationship to Vision
This action supports:
Goal D - Maintain, improve and create strong partnerships with other public and
private sector entities.
Requested Action
The City Council, if they concur, should by motion authorize the appropriate city
staff to enter into a three year agreement with 4 PAWS Animal Control LLC for the
City's animal control services.
Attachments: Animal Control Agreement
AGREEMENT FOR ANIMAL CONTROL SERVICES
THIS AGREEMENT is made on the 1st day of September, 2015 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: 4110 Raspberry Ridge Road NE, Prior Lake, MN 55372..
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 July 31, 2015; and
WHEREAS, on August 10, 2015, the City received a quotation for animal control services
from 4 Paws Animal Control Services LLC and is incorporated herein and attached to this
Agreement as Exhibit A; and
WHEREAS, the submitted quotation from 4 Paws Animal Control Services LLC remains
lower than similar service providers and the police department is satisfied with the services of 4
Paws Animal Control Services, LLC; and
WHEREAS, the police department recommends continuing animal control services with 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 Services, 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.
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3. Scope of Work. The Scope of the Work is set forth and attached to this
Agreement as Exhibit A, 4 Paws Animal Control Services, LLC's Proposal dated
August 10, 2015. Exhibit A is incorporated by reference herein as if fully set forth.
Exhibits A constitutes the "Contract Documents" and defines 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.
Quarantine animals in the impound facility when required by the City. The
Animal Control Officer may charge the animal's owner for these services.
j. Provide the City with a monthly report of all animal control enforcement
activities that occurred during that month, including: incident information,
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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 animals to 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 September 1, 2015 to December 31,
2018.
7. Compensation for Services.
a. Annual Amount. The City agrees to pay the Animal Control Officer$29,400
annually for the period from September 1, 2015 to December 31, 2018.
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 $2,450 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
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
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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.
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
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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.
14. Assignment. Neither party shall assign this Agreement, or any interest arising
herein, without the written consent of the other party.
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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 Regulations. 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 Liability. 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.
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.
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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 Brad Tabke
Its: Mayor
Its: President
By:
William Reynolds
Its: City Administrator
By:
Lori Hensen
Its: City Clerk
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EXHIBIT A
4 Paws Animal Control Services, LLC Proposal
[to be attached]
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