Loading...
HomeMy WebLinkAbout5B - 4 Paws Animal Control Contract MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: CITY COUNCIL AGENDA REPORT MARCH 3, 2008 5B Ralph Teschner, Finance Director CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE EXTENSION OF THE ANIMAL CONTROL SERVICES CONTRACT WITH 4 PAWS ANIMAL CONTROL LLC Introduction The purpose of this agenda item is for the City Council to consider renewing the existing contract agreement with 4 Paws Animal Control LLC to continue providing animal control services to the City of Prior Lake for the year of 2009. Historv Initially the City entered into a contract with 4 Paws for animal control services on March 31, 2005. On June 26, 2006 the term was extended to cover an additional two year period (2007-2008) as approved under Resolution 06-102. Current Circumstances Presently 4 Paws provides animal control services for entire Scott County including the major cities of Savage, Shakopee and Prior Lake plus the cities of Chaska, Farmington and Mendota Heights. We have found they are basically the only entity that provides such service within a reasonable response area. Based upon community feedback they have provided a satisfactory level of animal control service within Prior Lake. 4 Paws Animal Control LLC has agreed to continue their services for next year (2009) at the same cost of $2730/month plus tax as they currently charge for 2008. Therefore, Staff would recommend that a contract extension for 2009 would be appropriate. While researching its options the City really has no viable alternative in providing animal control services to the community other than staffing internally and covering the start-up costs which are substantial when considering that personnel, vehicle and boarding facilities must be provided. Maintaining the current level of animal control service at the same cost benefits the taxpayer as no property tax increase would become necessary for next year. The following alternatives are available to the City Council: 1. Approve Resolution Authorizing The Extension of the Animal Control Services With 4 Paws Animal Control LLC. 2. Deny the proposal and direct Staff to pursue other options. Alternative #1 to be adopted as part of the consent agenda. www.cityofpriorlake.com H:\CONTRACT\Agenda report - al1im%~11~o~.447.9800 / Fax 952.447.4245 1. A Resolution Authorizing the Extension of the Animal Control Services Contract With 4 Paws Animal Control LLC. 2. Agreement for Animal Control Services. H:\CONTRACT\Agenda report - animal control.doc Motion By: Second By: WHEREAS, The City of Prior Lake has evaluated and determined that contracting with the private sector is the most cost effective and efficient manner of providing animal control services; and WHEREAS, The City of Prior Lake entered into an initial contract for Animal Control Services with 4 Paws on March 31,2005; and WHEREAS, 4 Paws Animal Control LLC has provided a satisfactory level of animal control service within the community; and WHEREAS, 4 Paws Animal Control LLC remains the only service provider within the surrounding area for effective and responsive animal control; and WHEREAS, The new agreement extends the contract period at no increase to the taxpayer; and WHEREAS, The City maintains the right to terminate services at any time by providing 120 day written notice of cancellation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE that: 1. The recitals set forth above are incorporated herein. 2. The Mayor and City manager are hereby authorized to extend and execute the animal control contract with 4 Paws Animal Control LLC for the following year and cost: Fiscal Year 2009 Animal Control Service Contract Fee $2730/month + tax Passed and adopted this 3rd day of March, 2008. YES NO Haugen Erickson Hedberg LeMair Millar Haugen Erickson Hedberg LeMair Millar City Manager City of Prior Lake {Seal} www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 AGREEMENT FOR ANIMAL CONTROL SERVICES THIS AGREEMENT is made on the 3RD Day of March, 2008, between the City of Prior Lake, Minnesota (hereinafter "City"), whose business address is 4646 Dakota Street SE, Prior Lake, MN 55372, and 4 PAWS ANIMAL CONTROL, LLC (hereinafter "Animal Control Officer") whose business address is 520 Harold Drive, Burnsville, MN 55337. 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, LLC will provide animal control services and act as Animal Control Officer to the City as outlined in this Agreement, hereinafter referred to as the "Work." RECITALS WHEREAS, the City requires the services of an Animal Control Officer for public safety reasons; and, WHEREAS, the City Council has considered alternate ways of providing animal control services; and WHEREAS, the City Council has concluded that the most cost effective way of providing such services is through contract with 4 PAWS ANIMAL CONTROL, LLC, 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. Scope of Work. The Scope of the Work is setout in two documents, the City's letter dated March 1, 2005, (Exhibit A) and Proposal dated March 4, 2005, (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 will perform on behalf of the City. If there is a conflict between any of the provisions in the Contract Documents, the discrepancy shall be resolved by utilizing the provision most favorable to the City. 3. 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 in writing. 4. Compensation for Services. City agrees to pay the Animal Control Officer for the period January 1, 2008, to December 31,2009, the amount of $2,730.00 per month (plus sales tax). Such amounts will be paid monthly no later than the 15th of each month for the preceding month following receipt of an invoice and monthly report. In addition to the above payments, not to exceed fees set forth above, the Animal Control Officer may seek reimbursement for reasonable out-of-pocket expenses directly associated with work expressly requested by the City. A. Any changes in the scope of the Work, as described and defined in the Contract Documents, which may result in a change in the compensation due the Animal Control Officer shall require M:lAgreementslAnimal Control\4 PAWS ANIMAL CONTROL LLC 2008-2009.DOC prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Animal Control Officer when required by the complex or specialized nature of the Work and when authorized in writing by the City. C. City agrees to pay Animal Control Officer for extra services by the Animal Control Officer or Special Consultants when authorized in writing by the City. 5. The City agrees to provide the Animal Control Officer with the complete information concerning the Scope of the Work and to perform the following services: Access to the Area. Depending on the nature of the Work, Animal Control Officer may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Animal Control Officer to enter upon public and private lands or property as required for the Animal Control Officer to perform such services necessary to complete the Work. Consideration of the Animal Control Officer's Work. The City shall give thorough consideration to 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. Standards. The City is relying on the Animal Control Officer to provide and advise the City with information on any standards or criteria, including but not limited to, any and all animal control services. City's Representative. The Police Chief, or his designee, shall interface with the Animal Control Officer with respect to the work to be performed under this Agreement. The City's representative shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 6. Method of Payment. The Animal Control Officer shall submit to the City, on a monthly basis, itemized bills for animal control services performed under Section 4 of this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. A. Proaress Payment. For work reimbursed on an hourly basis, the Animal Control Officer shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Animal Control Officer shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471,38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Animal Control Officer shall provide such documentation as reasonably required by the City. B. Abandoned or Suspended Work. If any work performed by the Animal Control Officer 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, all as shown on Exhibit A attached hereto and incorporated herein by reference. M:lAgreementslAnimal Control\4 PAWS ANIMAL CONTROL LLC 2008-2009.DOC 2 1. Project Manager and Staffing. Scott Hutnik shall serve as the Animal Control Officer. 2. Standard of Care. 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. 3. 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. Term. The term of this Agreement is defined in the Contract Documents. 5. Termination. This Agreement may be terminated by either party by one hundred twenty (120) days written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Animal Control Officer, the Animal Control Officer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Animal Control Officer has failed to perform in accordance with this Agreement, no further payment shall be made to the Animal Control Officer. 6. Subcontractor. The Animal Control Officer shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, 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 ten (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. A subcontractor who prevails in a civil action to collect interest penalties from the Animal Control Officer shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 7. 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. 8, 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 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 program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 9. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. M:lAgreementslAnimal ControM PAWS ANIMAL CONTROL LLC 200B-2009.DOC 3 10. Services Not Provided For. No claim for services furnished by the Animal Control Officer not specifically provided for herein shall be honored by the City. 11. 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. 12. 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. 13. 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 Section 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. 14. 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. 15. Indemnification. Animal Control Officer agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation errors or omissions) of the Animal Control Officer, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Animal Control Officer fully to perform, in any respect, all obligations under this Agreement. 16. Insurance. A. General Liabilitv. During the term of this Agreement, Animal Control Officer shall maintain a general liability insurance policy with limits of at least $600,000 for each person, and each occurrence, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Animal Control Officer's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 21. A certificate of insurance on the City's approved form which verifies the existence of this insurance coverage must be provided to the City before work under this Agreement is begun. B. Worker's Compensation. The Animal Control Officer shall secure and maintain such insurance as will protect Animal Control Officer from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Animal Control Officer's services under this Agreement. C. Personal Liabilitv Insurance. The Animal Control Officer agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure M:lAgreementslAnimal ControM PAWS ANIMAL CONTROL LLC 2008-2009.DOC 4 payment of damage for legal liability arising out of the performance of animal control services for the City, in the insured's capacity as the Animal Control Officer, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of $1 ,000,000. 23. Records Access. The Animal Control Officer shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Animal Control Officer also may use the Information for its purposes. Reuse of the Information for the purposes of the work contemplated by this Agreement ("Work") does not relieve any liability on the part of the Animal Control Officer, but any reuse of the Information by the City or the Animal Control Officer beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Executed as of the day and year first written above. Reviewed for form: CITY OF PRIOR LAKE City Attorney Mayor City Manager 4 PAWS ANIMAL CONTROL, LLC Scott Hutnik, Business Manager M:lAgreementslAnimal Control\4 PAWS ANIMAL CONTROL LLC 2008-2009.DOC 5