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HomeMy WebLinkAbout10B - Animal Control Services for 2010-2013 AGENDA ITEM: DISCUSSION: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT April 19, 2010 ~ 10B Frank Boyles, City Manag Consider Approval of a Resolution Awarding a Contract for Animal Control Services for 2010-2013 Introduction The purpose of this agenda item is to have the Council consider if it wishes to award a contract for Animal Control services for the period 2010-2013. Historv Virtually every community I am familiar with provides animal control services of some sort either through their own staff or, more commonly, through a contract with a private business. Every community is responsible for the administration of the dangerous and potentially dangerous dog provisions of Minnesota Statutes 347.50 to 347.56. More specifically, Minnesota Statutes Chapter 347.565, "Applicability" states as follows, "Sections 347.50 to 347.56 must be enforced by animal control authorities or law enforcement agencies, whether or not these sections have been adopted into local ordinance." According to MS 347.50, an "Animal Control Authority" means "an agency of the state, county, municipality or other government subdivision of the state which is responsible for animal control operations in its jurisdiction." Since no agency is specifically designated as the "animal control authority," the Statute places the responsibility on local units of government. In 2003, Prior Lake, the County and a number of other Scott County communities tried to put together a multi-community animal control program. We found that the cost of a joint program actually exceeded the costs most of us pay through a private contractor. Current Circumstances Prior Lake has contracted with 4 Paws Animal Control Service for numerous years. Up until recently, 4 Paws was the only vendor willing to offer animal control service in Scott County. Early this year, we became aware of "Critter Getters," an animal control business located in Jordan, Minnesota. Critter Getters representatives expressed an interest in bidding for Prior Lake's business. In accordance with City purchasing policy, the staff, with assistance from the City Attorney, prepared specifications, placed a notice in the legal newspaper and solicited proposals. Both 4 Paws and Critter Getters received specifications. Last Friday, April 9, 2010 proposals were opened in the City Council Chambers. Only one business submitted a proposal. Vendor Bid Security Monthly Cost Including Tax Cert of 5/1-4/30 5/1-4/30 5/1-4/30 Ins 2011 2012 2013 ',' ',' Check in the amount of $3,847.50 www.cityofpriorlake.com PhQ~9ti2.447,9800lfa.x 952.447:4245 FINANCIAL IMPACT: Conclusion By statute the City is responsible for providing "animal control services." The Council should determine if it wishes to enter into a contract with 4 Paws to provide animal control services through April 30, 2013. The specifications provided to 4 Paws and "Critter Getters" are identical services to those we presently receive. The monthly cost of our present contract is $2,800 plus $192.50 in sales tax for a total of $2,992.50/month or $35,910 annually. The new proposal for three years is $2,OOO/month plus $137.50 tax for a total of $2, 137.50/month or $25,650 annually. Critter Getters decided not to bid. Their initial concern was the bid bond. They had difficulty finding a firm that would issue a bid bond in the amount. Another option they could have used was a personal check as 4 Paws chose to do. Critter Getters, without being specific, also felt that the contract is overly burdensome. We use this contract with virtually all service providers so it is hard to imagine it as onerous in its provisions. The highlights of the 4 Paws proposal include: . Their phone is answered 24 hours a day year around. . Their impound facility is located in Shakopee. . They have 15 years of experience. . They have served as Prior Lake's animal control facility for years. . They remove domestic and wild animals from roadways (except from County and State roadways). . They work with five different veterinarians to provide medical services. . They provide animal control services to 10 cities and Scott County (for townships). . They submitted Certificates of Insurance and have expressed a willingness to enter into the City's standardized contract. . They are familiar with the Police Department protocol for animal control matters. . They have established working relationships with police officers. One point that is worth noting is that our City Code and animal control contract is very strict with an emphasis placed on compassion for the animals and the animal's owner in the case of a domestic animal. To many people their dog or cat is considered a member of the family and there is true bereavement when one of these animals is lost or killed. Pets playa more significant role for some improving quality of life. Trained service dogs and seeing eye dogs provide individuals with disabilities increased independence and mobility, and therapy dogs that are taken to hospitals and nursing homes provide patients and residents with an opportunity to be distracted from their illness or loneliness. The proposal is $855 a month less than our previous contract. That means the City will save $6,850 from May 1 through December 31, 2010. 1. Adopt a resolution authorizing the Mayor and City Manager to enter into the City's standardized contract for animal control services through April 2013. 2. Take no action and direct staff to prepare additional information as the Council deems appropriate. ISSUES: ALTERNATIVES: RECOMMENDED Alternative #1. MOTION: 2 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION 10-xxx A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CITY'S STANDARD CONTRACT FOR ANIMAL CONTROL SERVICES. Motion By: Second By: WHEREAS, The standardized contract for animal control services has expired; and WHEREAS, The City prepared a Request for Proposal for animal control services; and WHEREAS, One proposal was received as follows: Vendor Bid Security Cert of Ins Monthly Cost Including Tax 5/1-4/30 5/1-4/30 5/1-4/30 2011 2012 2013 Check in the amount of $3,847.50 " . " . " . and; WHEREAS, The quotation of 4 PAWS is deemed to be responsive to the City's needs because it: . Provides the services the City desires. . Is specific regarding services to be provided, costs of each and identification of who pays which cost. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. 4 PAWS Animal Control Services is designated as the City's Animal Control Officer. 3. The rates shall be $2,000.00 per month plus tax of $137.50 for a total of $2,137.50 monthly from May 1, 2010 through April 30, 2013. 4. The Mayor and City Manager are hereby authorized to enter into the City's standardized contract with 4 PAWS Animal Control Services. PASSED AND ADOPTED THIS 19th DAY OF APRIL 2010. YES NO I Myser I Erickson I Hedberg I Keeney I Millar Mvser Erickson Hedberg Keeney Millar Frank Boyles, City Manager www.cityofpriorlake.com R:\CGldncW2Q1f't "'C-1Q2 J;<9p9r"e<\nJ! 1910\li.'1ir'p! ~r.ntrr..! C:Ol'lf;"'C,<r- ri\ntr~rt r~<::'fihltinn rlrv" Phone 952.447.9800 / Fax 952.447.4245 REQUEST FOR PROPOSAL To provide ANIMAL CONTROL SERVICE To the CITY OF PRIOR LAKE, MINNESOTA April 9,2010 Randy Hofstad, Police Lieutenant Prior Lake Police Department 4649 Dakota Street SE Prior Lake, MN 55372 Submitted by 4PAWS ANIMAL CONTROL, LLC 16534 Franklin Trail SE Unit 1A Prior Lake, MN 55372 1. Patrol and Pickup We use a dedicated phone lines for our animal control for the Scott County area. We also use several cell phones to provide back-up service for our landlines. Calls are automatically forwarded to cell phones whenever we leave the pound or office. We want to make sure that we are available to answer every call and facilitate a rapid response. (Ten minutes or less). Our phones are answered 24 hours a day, 365 days That way, we are able to get the pertinent information from the caller, we can respond immediately. Meanwhile, the staff is waiting to receive another calL For us, a delay is unacceptable. We also believe that callers become frustrated when they are not able to speak to a human. We take the time to assure the caller that we understand the problem and we will be responding immediately When it comes to animal issues there are no after hours. We work 24 hours a day every day. Our phones are answered at all hours. We respond in person to every call 100% of the time. Animal problems occur every day. They also occur on holidays. In fact, most calls are received on holidays, due to the fact that most owners are at home. An animal will act like an animal 365 days per year. We are here to provided a service on holidays also. W ~ have several phon~ features to enhance our phone service to make sure we get all calls. We have call waiting to let us know when we have another call coming in. Whenever possible, we politely bring our first call to an end or place them on hold. If it is not a call that requires immediate attention, we return to that caller and complete the calL Everyone who works at 4paws is part owner of the company and we take pride in the quality service that we provide. We have been providing animal control service JI as a business for more then 15 years. Every day we are in business we can prove that we provide quality service. We have the equipment and the personnel and we can get the job done. We are always willing to structure our service to meet the needs of the city. The removal of dead animals on public roads and V property are covered under the monthly fee. All animals of all sizes would be included except deer on county and state roads. Animal Control Officer currently contracts with Scott CountiMy Highway Departments for deer pick up on county roads and the State is responsible for the state roads. When the owner of an animal is identified, the Animal Control Officer would recover disposal costs from the owner. We are always willing to work with any city to set up any extra patrol system that the city would like. I 2.Animal Ownership and returns When a stray animal has been picked up for the first time and can be identified by means of license or microchip, we contact the owner by phone immediately. When a stray animal is unlicensed and ownership cannot be identified, we board the animal for up to 7 days while waiting for the owner to contact u~ We currently do not restrjct pick-up of animal until licenses are obtained. We are willing to work with the city to put this requirement in place if requested. " 3.Complaints about Animals We counsel and advise members in the community in a way that is sensitive to the individual. This is dependent on each situation. We aim to educate them about animal behavior and related situations. We help to cope with the emotions related to the situations and events. We inform them that nuisance animals can be controlled by our enforcements of codes and procedures ensuring that violations of nuisance animals do not continue. For example: 4paws helping to prevent barking and the prevention of dogs who frequently run loose. With regards to wild animals, we educate about animal behavior and the unpredictable nature of many animal encounters while reminding them that we are ready and able to ensure public safety in most cases. With regards to a wounded or dead animal we remain sensitive and supportive while allowing any necessary grieving that is occurring. The nature of this support is situational but it is important to note that we at 4paws are all animals lovers and reflect that in our presence and communication. 4. Impound/Board and Facility We own and operate our own impound facility. Our pound is clean and safe. Many of our visiting owners comment on how clean our facility is. Many are also relieved that they have had such great service after having a negative experience with other animal services. Several owners have called back to request boarding service for their pets. Our Scott CQunty pound is located at 12848 Chestnut Blvd, just off Highway 169 and County Road 41/78 intersection. Our pound is open from 3pm until 7pm on weekdays and until noon on weekends. In addition, we are always willing to schedule a time to meet animal owners before or after regular hours to release an animal. Our facility and our procedures are designed to provide our animals with a pleasant experience during their time at the pound. All of our dog's kennels are at least 25 square feet in size; we also have areas for the dogs to get some exercise indoors. We also have a playpen area for our four-legged guests. 5. Collection of fees Charging fees to owner's means that we can charge the city less for the remainder of our services. Pick-up j charges are $45.00 and boarding charges are as is per calendar day. 6.Disease control When animals are in our pound, we watch them closely for symptoms and report them to any victims immediately so they can begin proper treatment or so we can get the animal tested by the State Health Department. We are authorized to submit animals for testing at the University of Minnesota Vet Diagnostic Lab. 7. Vehicle We currently use several patrol vehicles, including pick-ups, small utility vehicles. They are equipped with kennels, animals stretchers, leashes, nets, control poles and other capture equipment. We always operate our vehicles in a safe manner to protect the public, all animals, and ourselves. 4paws is dedicated to providing quality animal control service for the cities and counties it contracts with. 8. ~ompliance Animal Control Officer will remain in full compliance with any and all codes, regulations or laws related to the services outlined above. We will continue to maintain insurance and coverage on all business and business vehicles as required by Scott County. 9. Communication/cost Our proposal for animal control service would be a flat fee and a continuation of our current arrangement with the cities. Under the flat flee proposal, all terms and conditions for service, which currently exist for a city, would be carried over under the new agreement. The city would not be charged for any board, disposal or anything else under this proposal except for services that clearly fall outside the agreement and arrangements made to provide the service. Sales tax does not apply to this service and may be paid directly to us or paid by the city as a use tax. All charges and fees that are collected from owners would be paid directly to 4paws and 4paws would also collect any additional fees for the city at the cities request. These fees would be paid to the city at the end of each month. 10. Reporting During the course of 30 years of animal control experience, we have earned new certifications and licenses. However, we rely more on what our years of experience have taught us. Our experience with the combination of common sense makes the handling of animals a pleasant and successful event. We also are always courteous and serious about the importance of what we are doing. We continually read and study publications foI:' additional understanding and knowledge. 11. Conduct/ Knowledge of rules/Staff Training At 4paws, our goal is providing a quality service. We are dedicated to helping the animals that need us the most: The unclaimed ones. We keep our impound facility clean and safe for visiting pets. If its owner does not claim a pet, we work with more then a dozen rescue groups to find a home for the pets. We have been very successful in saving animals in the past and we will continue our efforts 4paws is dedicated to providing quality animal control service for the cities and counties that it contracts with} for the people who call us with complaints} for the owners of the animals we come in contact with and for the pets and animal we find and protect everyday. All staff members are part owners of the company and we take pride in the quality of services we provide. 12.Insurance jLiability We are in compliance and will remain in compliance with all regulations. We currently have all insurance and coverage for all vehicles and our business as required by Scott County and all cites we serve. 13.Quarantine A quick response in a bite case is absolutely essential. Police respond to the bite calls to take the initial report. As they usually respond the quickest. In most cases} the bite involves an animal that is already held and our response would be to pick up the animals that are not currently on vaccinations. We will hold them for 10 to 14 days depending on the ordinance. If the animal is still at large} the police notify us and we immepiately begin searching for the animal. If necessary} live traps are set. If requested} we would respond and take reports on animal bites before beginning our search or impounding and animal already held for quarantine. Depending on the ordinance} quarantines are 10 to 14 days in duration. If and animal is at the stage where he can transmit the rabies virus then it would develop symptoms within in that time span. When animals are in our pound for quarantine} we watch them closely for symptoms and report them to the victims immediately so that can begin getting proper treatment. We also get the animal tested at the University of Minnesota Vet Diagnostic lab. Wild animals involved in bites that are known as possible rabies carriers, are euthanized immediately and tested for rabies. There is no effective quarantine period for wild animals. Quarantines for animals with owners are at the expense of the owner. Fees would be recovered. Unclaimed animals would be euthanized and disposed of by veterinarian. Animals with bite histories will not be given to shelters for adoption. Animals with current rabies vaccinations are usually quarantined at home under strict rules. An Animal Control Officer will make quarantine inspections of the animal and will report the findings immediately to the Sheriffs Office and victim. Quarantined animals that do not have current vaccinations and pass quarantine will be required to be transported to a veterinarian. Verification from a veterinarian will be required. 15. Equipment Dedicated phone line: (952) 894-9065 Fax: (952) 226-6288 E-mail: Hutnikenternrise@hotmail.com Website; WWW.all-paws.net We also have a state of the art universal microchip reader. 16. Other required information 4paws uses a variety of veterinary service. They are as follows: Gentle Doctors Veterinary Clinic Savage Tower Animal Hospital River Valley Veterinary Prior Lake Pet Hospital J ordan Veterinary Clinic We also have provided animal control services for the following cities: Belle Plaine Chaska Elko IN ew Market Farmington Jordan Mendota Heights New Prague Savage Scott County Savage .~. ABRD CERTIFICATE OF LIABILITY INSURANCE DA~~;~~~D;;) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s}. PRODUCER Ekblad, Pardee & Bewell, Inc. 1983 Sloan Place, #16 Maplewood, MN 55117 ~~~~~CT Erika Clausen rlJgNJa E.n, 1651\ 771-8111 i~lI~ss, erika@epbinsurance ....nm I ~~~~~~~~ 10 ., I INSURERlS) AFFORDING COVERAGE I INSURER A; ~r.nttsdale Insurance Company I INSURER B : . I INSURER C : I INSURER D : I INSURER E : I INSURER F : I r~Na\' 1651\ 771-8282 INSURED 4 Paws Animal Control Services, LLC 16534 Franklin Trail N.E. Unit 1A Prior Lake, MN 55372 NAIC# 4129L-- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~i: I TYPE OF INSURANCE I~~~~ '~:; POLICY NUMBER Ilr:g)5g~, (~3lilgiv~, GENERAL LIABILITY A CLS1364576 LIMITS EACH OCCURRENCE I $ 1.500.000. I ~~~~~~J9E~~~~nce\ 1$ 100,000. I MED EXP (Any an80ersan) I $ 5.000. 05/17/200905/17/20101 PERSONAL & ADV INJURY 1$1.500.000. GENERAL AGGREGATE 1$1.500.000. PRODUCTS - COMP/OP AGG I $ 1,500.000. 1$ X COMMERCIAL GENERAL LIABILITY I CLAIMS-MADE [R] OCCUR GEN'l AGGREGATE liMIT APPLIES PER: I POLICY n)fBi n lOC AUTOMOBILE LIABILITY ANY AUTO All OWNED AUTOS SCHEDULED AUTOS HIREO AUTOS NON-OWNED AUTOS COMBINED SINGLE liMIT (Ea accident) I BODilY INJURY (Per person) $ I BODilY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) 1$ 1$ 1$ 1$ 1$ Is i $ 1 T~~~r~JI~S I IOJ~- E.l. EACH ACCIDENT $ E.l. DISEASE - EA EMPLOYEE! $ E.l. DISEASE - POLICY LIMIT I $ UMBRELLA LIAB EXCESS LIAB H OCCUR CLAIMS-MADE EACH OCCURRENCE I AGGREGATE I DEDUCTIBLE RETENTION $ WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY Y I N ~Y PROPRIETORlPARTNERlEXECUTIVE D OFACERlMEMBER EXCLUDED? (Mandatory in NH) g~;~~r~ff~ 'g't'gPERATIONS 60law N/A DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101. Addltlanal Remarks Schedule, It mare space Is required) CERTIFICATE HOLDER Prior Lake Police Department 4649 Dakota Street S.E. Prior Lake, MN 55372 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. / AUTHOR~E~NE ?no ~ NORTHERN STATES ~SURER'S GENERAl AGENT) @ 1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) OP 10 BC DATE (MMlDDIYYYY) 4PAWS-2 04/06/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ACORD. CERTIFICATE OF LIABILITY INSURANCE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '~~~"d TYPE OF INSURANCE POLICY NUMBER GENERAl LIABILITY PRODUCER BKElLAD PARDBB & B.:.II.:....L INC 1983 SLOAN PLACB SUITE 16 MAPLBWOOD MN 55117-2004 Phone:651-771-8111 Fax:651-771-8282 INSURED 4 PAWS ANIMAL C~..'.AOL SBRVICBS LLC. SCOTT h...uu.K 9218 3RD AVE S BLOOMINGTON MN 55420 COVERAGES COMMERCIAL GENERAl LIABILITY I CLAIMS MADE 0 OCCUR A GEN'L AGGREGATE LIMIT APPLIES PER: i POLICY n m?,: n LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS 05474608-0 GARAGE LIABILrTY ANY AUTO EXCESSIUMBRELLA LIABILITY :=J OCCUR D CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERlEXECUTIVE OFFICERlMEMBER EXCLUDED? ~~rC:.ir~~~V~~~S below OTHER INSURERS AFFORDING COVERAGE INSURER A PROGRBSSIVE INS CO I INSURER B: I INSURER C: I INSURER D: I INSURER E: NAIC# POLICY EFFECTlYJ: POLICY EXPIRATION DATE IMMIDDIYY1 DATE IMMlDDNYI LIMITS EACH OCCURRENCE $ I ~~ISES 'tE~~~ce) $ MED EXP (Anyone person) $ PERSONAL & MJV INJURY $ GENERAL AGGREGATE S I PRODUCTS - COM PlOP AGG S I COMBINED SINGLE LIMIT I $ 1, 000 , 000 (Ea accident) 06/20/09 BODILY INJURY 06/20/10 (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) S AUTO ONLY - EA ACCIDENT $ EAACC $ OTHER THAN AUTO ONLY: AGG $ $ $ $ $ I $ I ITb"~Y:;~I~Ws I IU~~- I E.L. EACH ACCIOENT I $ I EL DISEASE - EA EMPLOYEEI $ E.L. DISEASE - POLICY LIMIT I $ EACH OCCURRENCE I AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER Prior Lake Police Department 4649 Dakota St SB Prior Lake MN 55372 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR WE'T~ " - - ~CORD CORPORATION 1988 ..,~~.\ii; ~..~ .ll!illII1111111Iiiililii!iilljl.':li!ljl.J_I_,IiI~ll'lli~iiilill![llillllllllii :::.::::::I]II.III1:I:llIlllrll:II.III-~:il:::::::::\:\:} 4 PAWS ANIMAL CONTROL SERVICES 12848 CHESTNUT BLVD SHAKOPEE, MN 55379 952-894-9065 ......................... ... .......................... ....................... .................... ... ... ........................-:-:-:.;.;.;.;.;.;.;.;.:.:.:.;.;.;.:::::::::::::::::::::::;:;:;:::::::::::::::::::::::::;:;:;:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:::::::;:::::::::::::::::::::::;:;:::::;:::::::::;:;:;:::;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;::::::::::::::-:::-:-:-:........... .. .............. ................... ........................ .................... A TTENTlON: CHARLOTTE GREEN Billing for animal control services for the City of Prior Lake as per revised agreement with 4 PA WS Animal Control MONTH 2010 MONTHLY COST ANY ADDITIONAL SERVICES SALES TAX MONTHLY COST X 6.875% TOTAL COST MARCH $2,000.00 o $137.50 $2,137.50 ---- 17 13 8 3 5 3 CALLS (MAY INCLUDE MULTIPLE #'S PICKED UP ON A SINGLE CALL) DOG RUNNING LOOSE -IMPOUNDS - -RETURN TO OWNER- -NOT CLAIMED- -GONE ON ARRIVAL/UNABLE TO CATCHI CANCEL DOG COMPLAINT WARNING DOG BITE-INCLUDED IN IMPOUNDSIRTO DOG WELFARE/WARNING CATS RUNNING LOOSE -IMPOUNDS -RETURN TO OWNER -NOT CLAIMED - -GONE ON ARRIVAL/UNABLE TO CATCH SET L1VETRAP DOAlINJURED WILD -1 COON, 1 GOOSE PUBLIC SAFETY WILD - 2 o o 1 1 o o o 2 o AGREEMENT FOR ANIMAL CONTROL SERVICES THIS AGREEMENT is made on the .1 ~ +- Day of May, 2010, between the City of Prior Lake, Minnesota (h.~~:~r ;'City"), whose business address is 4646 Dakota Street SE, Prior Lake, MN 55372, and It.:n..IA{ &..,-\,., LL[ (hereinafter "Animal Control Officer") whose business address is I~ S14 (",,,. I;....J..~ ,MN 55337. U'\l +- 1ft Prl' r l,.Ir- ~ S 3 ~ J. . ) tJ ~IJJ 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 agreem ts with the i!y. T7Jf>ulPCfe of this agreement is to set forth the terms and conditions under which " ~ will provide animal control services and act as Animal Control Officer to tHe I y 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 Ci.ty CCfJnrjt has co~14ded n~ t~e..T_Cft cost effective way of providing such services is throughcontractwlth~S ~I" ~tLl 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 set out in the City's Request for Proposal dated March 26, 2010, (Exhibit A) and Proposal dated , (Exhibit B.) Exhibits A and Bare 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. ~\~ IJ7.S-o 4. Compensation for Services. City ata~Pil) the Animal Control Officer for the period May 1, 2010 to April 30, 2011, the amount of $ .'~er month (including 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. -', i3.d 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 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. Citv's Reoresentative. The Police Lieutenant, 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. Prooress Pavment. 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 Susoended 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. CCJn!(o! CO'i;:;:.) 13(:'-1(; 2 1. Project Manager and Staffing. ~Q(c:.t }L-tj\~ khall 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 tobe 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, Co' 3 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. 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 Comoensation. 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 COi')trot\/\nim;~1 Co; i!:"(,) CO(lV;<:j' :JU 1 [J -;0 'j 3,ckiC 4 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 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 $1,000,000. 23. Records Access. The Animal Control Officer shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Animal Control Officer also may use the Information for its purposes. Reuse of the Information for the purposes of the work contemplated by this Agreement ("Work") does not relieve any liability on the part of the Animal Control Officer, but any reuse of the Information by the City or the Animal Control Officer beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Executed as of the day and year first written above. Reviewed for form: CITY OF PRIOR LAKE City Attorney Mayor City Manager XXXX NAME OF ANIMAL CONTROLXXXX 4 Paw ~ l/\ I ~ Vv to /) ~ 'f.fJ I Principal 5 PROPOSAL FORM 2010 - 2013 Animal Control Services Due: Friday, April 9, 2010 Exhibit B THIS PROPOSAL MUST CONTAIN A 5% BID BOND Proposer: O ! ~. !. ~ I~ "\.,V ~ i-,;1 J '/Vl 'I- (" I .' _ -')(a it ~,' T.'" \ k- i A u$ r;+,:3~ ~ole Proprietorship {~rf\ 'f r a I ~ Proposer Representative: ---- Authorized Signature Proposer is: D Partnership D Corporation existing under State of D Other (Specify) Principle Address: } (J s: ~ l! -1--:;,"\ /\ i-II~. ~ r G {(::. LI1: t I! 4 Phone Number: C & I ~ - }L:/C - l'-f'i:; ,) (; (:.; \I,ll \ \. Ct. ~~ - Xfj ~ - 1(, L; ( Email: ~L -t !' ,'J( f /I ki r: r~ U t:J H~ l01u L' ) . ( t-~ I l// It is understood by the Proposer that all revenues will be reduced from the monthly cost to the City except the cost for animal licensing which shall be promptly remitted to the City with the monthly report and invoice. To Whom it May Concern: The above, as Proposer, hereby proposes and agrees to enter into the City's Contract, in the form contained in the Proposal Documents, with the City of Prior Lake ("City") to supply all labor, materials and equipment necessary to provide animal control services within the corporate limits of Prior Lake in accordance with the Proposal Documents and other pertinent requirements prepared and distributed by the City, and in strict accordance with the prices set forth below. The contractor will not be entitled to any compensation on any item other than those listed on this proposal form. A proposal bond in the amount of five (5) percent of the three-year proposal is enclosed as a guarantee that the Contract will be executed within 30 days of submission. Monthly Rates: May 1,2010 to April 30, 2011 May 1,2011 to April 30, 2012 May 1,2012 to April 30, 2013 1 .) "I .~ $.~ ','/,)U $ 6 \ 'i 7 , ~0 $ 'A \ ]'7 i ('C Imo. incl. sales tax Imo. incl. sales tax Imo. incl. sales tax Exhibit C FORM OF BID FORMS, BID BOND Bond No. Premium $ KNOW ALL PERSONS BY THESE PRESENTS that we, (hereinafter called "Principal"), as Principal, and a corporation organized and existing under the laws of the State of and authorized to transact business in the State of Minnesota (hereinafter called "Surety"), as Surety, are held and firmly bound unto City of Prior Lake (hereinafter called "City"), in the penal sum of ($ ), in good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounded Principal has submitted a Proposal pursuant to the City of Prior Lake Request for Proposals from qualified providers of animal control services, which Proposal is referred to and made a part hereof as fully and to the same extent as if copied at length for the purpose of explaining but not of varying or enlarging the obligation. NOW, THEREFORE, the condition of this obligation is such, that if any award made by said Obligee, to the above bounded Principal, its executors, administrators, personal representatives or assigns under the City's Request for Proposal from qualified providers of animal control services shall be accepted by said Principal and said Principal shall enter into a contract for animal control services and give bond with the Surety, or with other Surety or Sureties to be approved by the City for the faithful performance thereof, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed and sealed this day of ,2010. Principal Surety Company