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HomeMy WebLinkAbout8B- Animal Control Officer 1995STAFF AGENDA REPORT AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION' FRANK BOYLES, CITY MANAGER APPOINTMENT Of ANIMAL CONT~ OFFICER IN 1995 JANUARY 3, 1994 The Council should determine whether or not it should reappoint Robert McAIlister as animal control officer for calendar year 1995. The city has used Robert McAIlister to provide animal control services for many years. McAIlister's services has been chosen because it has passed state inspections, is offered at a reasonable cost and represents one of the few vendors interested in providing this service. The City Council has entered into a year to year contract with Robert McAllister to perform animal control services for the city. A copy of the 1994 contract is attached. Under that contract Mr. McAIlister operates as an independent contractor. This means he is responsible for providing worker's compensation insurance for himself and allows him greater latitude in accomplishing his responsibility than if he were a city employee. Under the latter circumstance the city would be responsible for his supervision and insurance costs. As an independent contractor he supervises his own operations. In the last months the City Council has heard from individuals including Cory DeMars regarding concerns about the McAIlister animal control operation. The Council has been supplied with historic letters of concern from the public about the McAIlister operation copies of Humane Society inspection reports and other material regarding this service. This information focuses on the following concerns: 1. Sanitation of animal facilities. . Feeding, watering and exercise of animals. Customer relations issues. Specifically concerns raised al~out whether customers have been told by Mr. McAIlister that their animal is not in the facility when it is. The alleged motivation for such behavior is so that the dog can be sold live or dead for research purposes at a profit to Mr. McAIlister. Prior Lake, Savage, Shakopee and the Scott County have contracted with Mr. McAIlister for a number of years because he has been the only contractor available and his price has been very Iow. For example, in preparing for this year's contract renewal we received a letter from South Suburban Animal Control which indicates that he would provide animal -1- 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ISSUES: ALTERNATIVES: RECOMMENDATION: control services for $1,585 per month. A credit of $12 per animal claimed would be reimbursed to ~the city. A second alternative would be to contract with Four Paws who presently serves the City of Burnsville. Their 1995 rate for serving Burnsville is $51,940. McAIlister's 1994 price to Prior Lake is $700 per month. In 1995 the cost is expected to be $900 per month. Cory DeMars has advised me that she is establishing a task force which is looking into the prospect of establishing a county wide animal control facility. I have advised her that the City of Prior Lake would be pleased to participate in that task force. I have also suggested that she include Mr. McAIlister as well as the operator of Four Paws to assure that all points of view are heard. I support Ms. DeMars efforts to develop a county wide animal control service. However, there are things we can do to fine tune our existing service until the task force results are received. This is especially important since the city's budget contains a total of $10,800 or $900 a month for animal control services which was the estimated animal control amount we have discussed with Mr. McAIlister. Our changeover to a new presumably more expensive service could not occur until 1996 unless an allocation is made from contingency for this purpose. Given the fact we have already earmarked a portion of the contingency for office remodeling I am reluctant to take this action. Instead it appears to me the most prudent approach is twofold. First the city would participate in the task force to establish the parameters for a county wide animal control system. Second the staff proposes revisions to the existing animal control contract in hopes of responding to the concerns which have been raised by residents through the letters submitted by Ms. DeMars. . Participate in the task force for a county wide animal control service and authorize the Mayor and City Manager to execute a revised contract with Bob McAIlister to safeguard against some of the concerns noted by residents. 2. Defer this matter for further information. 3. Approve the contract as written. . Approve a month to month extension of the existing agreement and authorize the staff to solicit proposals for animal control services for 1995 recognizing that there is an insufficient amount budgeted to pay for services if the cost exceeds $900 per month. Alternative #1. Animal control is a lose-lose for local government. To the individual complaining about a dog running loose the city is not doing enough. To the pet owner who's dog is picked up the city is doing far to much at an excessive cost. Business practices however are another matter. Mr. McAIlister represents the city. Accordingly, his practices must be above repute. If the practices recited by residents are true then we should indeed discontinue our relationship with Mr. McAIlister. I believe that by revising the contract agreement that we can assure that these alleged actions do not reoccur. -2- o. ACTION REQUIRED: Motion and second to direct the staff to participate in the county wide animal control task force; incorporate changes in the 1995 agreement which would improve animal care practices; and authorize the Mayor and City Manager to execute the revised agreement. Attachment FBAG8C.CC -3- o, . le AGREEMENT THIS AGREEMENT made and entered into this 31 st day of December, 1993, by and between the City of Prior Lake, Scoff County, Minnesota, hereinafter referred to as the "City" and Robert McAIlister, hereinafter referred to as "Contractor". e . . . . . . o WITNESSED WHEREAS, the City desires to regulate and provide animal control within the City limits, and to do this, has passed ordinances regulating nuisance animals within the City and, WHEREAS, said ordinances names Contractor the "City Poundmaster", conditioned upon the anticipated execution of an agreement between the City and Contractor setting out, in a general way, Contractor's responsibilities as Poundmaster and determining his compensation, therefore and, WHEREAS, it is the intent and purpose of this Agreement to establish the relationship between the City and Contractor and to set forth in a general way the duties and responsibilities of each and, WHEREAS, the City defines as nuisance animals such animals as cats, dogs, squirrels, fox, raccoons, muskrats, and other nuisance animals. NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants hereinafter set forth, IT IS AGREED: Contractor hereby agrees to act as "City Poundmaster" from the date hereof on a continuous basis until such time City or Contractor terminates this Agreement as set forth in paragraph 16 of this Agreement. As Poundmaster, he agrees to carry out the terms and conditions of the "City Animal Control Ordinance" and such amendments, thereto, as may from time to time be enacted by the Prior Lake City Council. Contractor further agrees to establish and maintain a sanitary facility in Prior Lake, Minnesota for the keeping of such animals as he may pick up in carrying out the provisions of the City Ordinances. Contractor further agrees to maintain in force, sufficient insurance satisfactory to the City to protect Contractor and City and naming the City as an additional insured from and against any and all claims, action and causes of action, which may be brought by third parties or are premised upon Contractor's performance or non performance of this Agreement. Such insurance shall be in the amounts of not less than $250,000.00 per person and $500,000.00 per accident or occurrence for personal injury liability (including death), and not less than $250,000.00 per accident or occurrence for property damage liability. Said insurance shall include, but not be limited to, liability adsing out of the use of automobiles and shall include owned, non-owned, and hired vehicles. The City shall receive thirty days advance wdtten notice of cancellation of said policy. 10. The Contractor, in all of his operations, hereunder, shall be regarded as an independent contractor, and he assumes and agrees to protect the City from all liabilities and expense on account of claims, suits, and costs growing out of or connected with, such operation by him and his employees, provided however, that the City shall not be relieved hereby, from liability for its own negligence and that of its servants and employees. 11. The City is interested only in the results obtained, and that the means are to be in compliance with State regulations, and City Code. The Contractor is performing as an independent contractor with sole control of the manner and means of performing his said contract; furthermore, it is distinctly and particularly understood and agreed between the parties, that the City is in no way associated or otherwise connected with the Contractor's actual performance of this Agreement, and the Contractor is solely and personally liable for any and all damages which may be occasioned on account of his performance of this contract. Nothing in this Agreement shall be in any way interpreted to construe the Contractor or any of his agents or employees as employees of this City. 12. The Contractor shall assume full and exclusive responsibility for payment of all Federal, State and Local Taxes or contributions including but not limited to: Unemployment Insurance, Social Security, Income Laws, and Worker's Compensation Insurance for all of his employees engaged in performance of this contract. 13. The City agrees to pay the Contractor a monthly amount which, at the time of the execution of this Agreement, is $700.00 per month. The amount of the payment may be amended from time to time by action of the City Council. The Contractor shall provide a monthly report to the City summarizing monthly activities, revenues received, and expenditures made. The report shall identify the amount due the Contractor under this paragraph and such receipts due the City from dog pound collections, fines and license sales. 14. If any dog impounded, pursuant to the terms of this agreement and the applicable City Ordinance, is not reclaimed within the time specified in the applicable ordinance, then such dog shall become the property of the Contractor. If any such dog is subsequently sold, reference shall be made in the Kennel Reports kept by the Contractor. Such Kennel Reports shall specify the amount said dog was sold for and the name of the purchaser and date of sale. In the event that no such report is made, or in the event Contractor's actions or procedures are contrary to State Statute, regulations, rules or City Code, the Contractor shall be personally liable for any claim made by the previous owner of such dog. 15. The Contractor, when presenting his statement for payment to the City Council, shall include the following on each statement; the location of each pick up, type of dog, and the owner if known. 16. The contract shall be terminable by the City for non-performance upon thirty (30) days written notice mailed to the Contractor at Prior Lake, Minnesota, and may be terminated by the Contractor upon thirty (30) days written notice mailed to the City Manager of Prior Lake, Minnesota. IN WITNESS WHEREOF, the parties hereto set their hands and official seal of the City of Prior Lake. DATED: ./~ ,-.~'~,,, ,19 ~'-~ BY: ~/Robert M'~Ailister BY: L' BY: (Seal) KKAGR.WRT South SubUrban Animal Control' 19875 Hadow Avenue, Jordan, MN 55352 Gary Zerwas David Suckow President Vice-President Manager 612-492-2956 612-68 I- 1927 December 19, t994 - .City of Prior Lake Attn: Mr. Ralph Teschner 4629 Dakota St. -City of Prior Lake, MN 55372 Dear Mr. Teschner, In reference to our phone conversation on December 6, 1994, you had asked about my past experience in animal control and dealings with other cities. At this time we are starting up a new business, South Suburban Animal Control, to better serve the communities of the south metro area. My personal experience has mainly been in the field of law enforcement and through the years the departments I worked for required its officers to handle all animal pick ups for impounding and mm them over to the local veterinary clinics, therefore I am well aware of the city ordinances on animals. My son Scott, who will be working with me, has two years experience in the field, having worked with the cities of White Bear Lake, Mathometi, Willemie, White. Bear TOwnship and RamseY County. Also small cities in Anoka and Washington Counties.. My Vice-President and .manager for the company, David Suckow, has nine plus years experience in law enforcement in Illinois and Florida handling animal calls also, and has several years experience in Other people and service oriented businesses. We can and will do an excellent job for the people of this area,.due to the fact of 'experienced people we' hire, who have been in law enforcement and other service orientated jobs working with thc public As I stated in my last letters. We will be licensed, bonded and insured to meet any city requirements, and furnish.shelter, equipment and vehicles. -. . .- I submit abid Of$1,$8$.OOper montlX For each animal'~ is picked up there Will be a fee of $28.00 when the owner claims' the animal. Of thatfee the city would be reimbursed $12.00. · . · We would provid~ the city with 24 hour service for animal pick up. This would be 40 plus hours pex week of patrol and the balance on an ,,on call" basis. Thank you for the opportunity to offer this proposal. If you have any further questions please contact me at (612) 492-2956. GZ: ds c: Lydia Andren, Mayor, City of Prior Lake City of ITEM Animal Control Services Contract Renewal. BACKGROUND COUNCIL AGENDA BACKGROUND pt ~ ~e' Meeting Date: / ,,,.m Number: ,! The City has always provided for its animal control services vj~m,~tracting with an independent .~'~ consultant, operationally supervised by the Police Departmej~. The'~same consultant was used for ' many years and up through 1991. Requests for proposalsjtSids for ar~imal control services were sought and received in 1991. At that time a three-year/~fontract between the City and a new consultant, Curtis A. Finch, 520 Harold Drive, Bums~,/lle, was negotiated and approved. Mr. Finch (4-PAWS, Inc.) has held that contract at a cost/0f $49,000 p//r year during 1992, 1993, and 1994. The current contract expires in December, 19~4. / DISCUSSION In historical review, prior to Mr. Finch receiving the contract, considerable citizen and staff dissatisfaction with our contracted services did exist. For 1992, Mr. Finch's proposal was selected because: · It was competitively priced and fixed-priced in comparison to the other proposals which were primarily based upon a cost per response, per animal complaint, or per hour of service. · It promised a pro-active, professional approach to animal control, and a stated goal to provide for a high level of customer service, .. In review of our animal control services, as provided in 1992-94, the following information is provided: · Statistically the number of police-documented animal control complaints received and handled primarily by our consultant have increased annually, with the exception of 1994 year-to-date. - 1991:778 (with prior consultant) - 1992:1,140 (+46%, with 4-PAWS) . 1993:1,387 (+21%, with 4-PAWS) - 1994 through 10/31:1,127 (-7%, with 4-PAWS) Statistically the number of impounded non-restrained dogs have increased annually, with the 1994 yea~-end total unknown at this time: .-- 1991:144 (with prior consultant) - 1992: 283 (with 4-PAWS) 1993' 423 (with 4-PAWS) _ 1994 through 09/30:371 (with 4-PAWS) It appears service accessibility and response time to complaints has been good. As appropriate, 4-PAWS utilizes cellular phones, police radio, pagers, call forwarding, and phone m~ssaging. No information is known indicating that the service at any time has been unaccessible. It appears that having 4-PAWS based in Burnsville has resulted in a generally quick response to most reported animal concerns, and in an improved location for returning animals to owners. Many dogs, when ownership is determined, are delivered home. 4-PAWS also has responded tn complaints and conducted its patrols in a well marked vehicle, generally employing uniformed personnel, resulting in a higher animal control visibility. · Documentation with both the Police and Finance Departments has improved. According to Curt Finch, he feels that 4-PAWS has excelled in two other areas. First, the quality treatment of the animals they handle. While this is difficult to measure, we know of no complaints in regard to animal treatment or the proper boarding of animals in the three years of the 4-PAWS contract. 4-PAWS currently keeps impounded animals at the Finch residence or the Minnesota Valley Humane Society. Secondly, again per Mr. Finch, he believes that the percentage of impounded dogs returned to their proper owners has risen dramatically since k-PAWS obtained the contract. His figures indicate the following: -- 1991: 74 % dogs returned (with prior consultant) - 1992: 79% dogs returned (with 4-PAWS) - 1993: 90% dogs returned (with 4-PAWS) _ 1994 through 09/30: 92% dogs returned (with 4-PAWS) Per Mr. Finch, returning animals to their owners is his priority, and when they are unable to locate an owner the animal is placed in a humane society, at 4-PAWS expense, to give them at least a chance at adoption. He believes his personal contact with owners can then encourage them to better follow the existing control ordinance. .. Overall it appears that by changing our animal control consultant in 1992, we have improved the overall professionalism of the service provided. Citizens and staff complaints or inquiries regarding the overall service or individual events have been minimal. Letters or phone calls in ap~ the service have also been received. In reviewing the current level of service and costs in light of the pending expiration ~,the 4-PAWS contract at the end of 1994, it is believed that continued use of Mr. Finch's 4-PAW~ /~nc., service is appropriate at this time. The alternative would be to again request proposals frorr fltemative consultants. In negotiating with Mr. Finch, a five-year agreement at an annual cost $51,940 fo,[/ the duration of the contract appears to be appropriate, beneficial, and acceptable to be t,.Mr. Fin~gn~. and the City. Of benefit to the City is: The cost. The 1992-94 contract was for $49,000 annually. The contract.proposal for 1995-99 would be for a fixed $51,940 per year, for five years. This price totals a 6 % increaae over the previous contract. That increase appears to be modest and acceptable to staff. The length of the contract and its ability to be cancelled. The agreement would be for five year, 1995-99, at a fixed cost. Yet, under the terms of the agreement it can be cancelled at any time for any reason by the City with 30-days notice. This was seen as a real positive when the proposed contract was reviewed by our City Attorney. In the event that the City becomes dissatisfied with the service, it can be cancelled. If the City should develop an alternative method of providing animal control services within the next five years, it can be cancelled. A continued handling by the consultant of the sa/es and documentation of dog licenses and kennel licenses; continued collection by the consultant of all pickup and impoundment fees; and coverage of the cost by. the consultant of any impoundment, boarding, or disposal costs. For these services the consultant is reimbursed 50% of each individual dog and kennel license sold, and 50% of any pickup fines and fees collected. In 1992 this reimbursement was $11,900, and in I993 is was $12,392. It appears it will be approximately the same cost for 1994. A continued level of service. As previously stated, 4-PAWS' service to date has been overall very acceptable to staff and apparently also to the citizens. 4-PAWS' staff have developed an expertise in Bumsville's animal control ordinances and service needs. We believe that they have provided an improved animal control service during the years 1992-94 and will continue to do so. Mr. Finch and his staff have shown they are concerned with customer service, working through animal control issues with individual owners, and in working cooperatively with staff. RECQMMENDATIQN Staff recommends City Council approve the renewal of a contract between the,CZty and Ct~rti~ A Finch .... (consultant) for animal control services, with such contract not to exce~_~_,_51, flurmg the five-year contract. FOR:Ilk Attachment (contract)