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HomeMy WebLinkAbout5C Animal Control Contract 2019 Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: APRIL 01, 2019 AGENDA #: 5C PREPARED BY: BRAD CRAGOE, COMMANDER PRESENTED BY: BOOKER HODGES, INTERIM POLICE CHIEF AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A CONTRACT FOR ANIMAL CONTROL SERVICES FOR 2019-2022 AND AUTHORIZING MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH 4-PAWS ANIMAL CONTROL SERVICES LLC GOAL AREA AND OBJECTIVE: Public Safety 1. Ensure a safe and quality built environment. DISCUSSION: Introduction The purpose of this agenda item is to request authorization to renew the existing animal control service contract with 4 Paws Animal Control, LLC. History In 2005, a committee formed under the auspices of the Scott County Association for Leadership and Efficiency (SCALE) looked at three alternatives for animal control services: 1. Continue to contract the animal control services with an outside contractor. 2. W ork with the other members to form a multi-jurisdictional animal control unit. 3. Each city could form its own animal control unit. We determined that the most cost effective and efficient decision was to award the contract to 4 Paws. The city has had ongoing contracts with 4 Paws since then. Current Circumstances The current contract with 4-Paws expires April 30, 2019. During the length of the previous contracts we have received good service and their response times have usually been quick. The primary reason for the short response time is because the owner now lives in Savage and one of the main employees lives Prior Lake. Rapid response is important as police officers are often required to wait on-scene with an animal they’ve picked up until it can be turned over to the Animal Control Officer. Savage and Shakopee both currently contract with 4-Paws for their animal control needs. That has proven to be beneficial for citizens of the various communities because it provides consistency with the agencies that border each other. The owner of 4-Paws, Scott Hutnick, submitted a quote for $2,400 per month. This is an increase of $200 per month over the previous 2016 to 2019 contract. ISSUES: Based on our research we have determined the following things: 1. 4 Paws is the only source currently available that can offer quick response times. 2. This service cannot be done cheaper by doing it ourselves. 3. Paws is currently providing the same service to Shakopee and Savage. FINANCIAL IMPACT: The rate proposed by 4 Paws for May 2019 through April 2022 is $2,400 per month We originally budgeted $26,448 for animal control services for 2019. The first four months of 2019 will be billed at the rate outlined in the old contract of $2,200 per month ($8,800). The following eight months will be billed at $2,400 per month ($19,200). This will leave us with a shortage of $1,552. ALTERNATIVES: 1. Adopt a resolution, as part of the consent agenda, approving a contract for animal control services for 2019 to 2022 and authorizing the Mayor and City Manager to enter into the City’s standardized contract through April 2022. 2. Remove from the consent agenda for further discussion. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-___ A RESOLUTION APPROVING A CONTRACT FOR ANIMAL CONTROL SERVICES FOR 2019-2022 AND AUTHORIZING MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH 4-PAWS ANIMAL CONTROL SERVICES LLC Motion By: Second By: WHEREAS, The City’s current contract for animal control services expires on April 30, 2019; and WHEREAS, The City received a proposal from 4-Paws Animal Control Services LLC for a monthly fee of $2,400; and WHEREAS, The quotation of 4-Paws is deemed to be responsive to the City’s needs because it: Provides continuation of the services the City has received from 4-Paws during the term of their 2016-2019 contract with the City. It is also specific regarding services to be provided, the costs of each, and identification of who pays the costs. 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 LLC is designated as the City’s Animal Control Officer. 3. The rates shall be $2,400 per month plus any applicable taxes from May 1, 2019 to April 30, 2022. 4. The Mayor and City Manager are hereby authorized to enter into the City’s standardized contract with 4-Paws Animal Control Services LLC. Passed and adopted by the Prior Lake City Council this 1st day of April 2019. VOTE Briggs Thompson Burkart Braid Erickson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Michael Plante, City Manager 4 Paws Animal Control 12361 Hillsboro Ave Savage, MN 55378 3/16/19 Proposal City of Prior Lake: 4 Paws Animal Control proposal is to provide animal control service to the City of Prior Lake. An updated cost proposal is the only change from the previous contract. A monthly flat fee of $2,400.00 per month paid no later than the 15th of each month for the preceding month. 4 Paws will continue to perform all services set forth by the city. The proposed cost adjustment is the result of an increased volume of calls and our increased operating expenses. Thank you, Scott Hutnik 4 Paws Animal Control 952-894-9065 4646 Dakota Street SE Prior Lake, MN 55372 Date: March 21, 2019 To: Ann Schroeder, Executive Assistant From: Brad Cragoe, Police Commander RE: Renewal of the Animal Control Contract Attached you will find the City Council Agenda Report for the renewal of our Animal Control Contract with 4 - Paws Animal Control Services. They have increased the monthly fee to $2,400. We contacted Minnesota Critter Getter Animal Control Services and asked for a bid. They came in slightly lower at $2,300 per month. 4-Paws is located in Savage while Critter Getters is based in Henderson, MN. One of the main Animal Control Officers for 4-Paws lives in Prior Lake. They have historically had a very quick response time when called, sometimes within 5 minutes. We discussed the situation and feel staying with 4 -Paws because of their ability to arrive within a few minuites of being called justifies the slightly higher monthly cost. Animal Control Services Agreement 1 STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made on 1st day of April, 2019, between the City of Prior Lake, Minnesota (hereinafter "City"), whose business address is 4646 Dakota St. SE, Prior Lake, MN 55372, and 4 Paws Animal Control Services LLC a Minnesota corporation (hereinafter "Consultant") whose business address is 12361 Hillsboro Ave. Savage, MN 55378. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional 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 for professional services Consultant will provide in connection with the Animal Control Services hereinafter referred to as the "Work". The City and Consultant agree as follows: 1.Scope of Work. The Consultant agrees to provide the professional services described in Exhibit “A” hereinafter “the Work.” 2.Time for Performance of Services. The Consultant shall perform the services described in Exhibit A according to a schedule attached and identified as Exhibit B. 3.Compensation for Services. City agrees to pay the Consultant $2,400 for the services as described in Paragraph 1. A. Any changes in the scope of the Work which may result in the compensation due the Consultant 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 Consultant when required by the complex or specialized nature of the Project and with prior authorization in writing by the City. C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants with prior authorization in writing by the City. 4.The City agrees to provide the Consultant with the complete information concerning the Scope of the Work. 5.Method of Payment. The Consultant shall submit invoices to the City, on a monthly basis, itemized bills for professional services performed under Animal Control Services Agreement 2 Section 4 of this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. 6.Project Manager and Staffing. The Consultant has designated Scott Hutnik to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace Scott Hutnik, from the Project without the approval of the City. 7.Standard of Care. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Scott County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8.Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant'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 Consultant 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 Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided. 9.Term. The term of this Agreement shall be from May 1, 2019 through April 30, 2022 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10.Termination. This Agreement may be terminated by either party by seven (7) 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 Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. 11.Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. Animal Control Services Agreement 3 12.Non-Discrimination. During the performance of this Agreement, the Consultant 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 Consultant 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 Consultant 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. 13.Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the prior written consent of the other party. 14.Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for in Exhibit A shall be honored by the City. 15.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. 16.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. 17.Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant 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. 18.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. 19.Indemnification. Consultant 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 professional errors or omissions) of the Consultant, 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 Consultant fully to perform, in any respect, all obligations under this Agreement. Animal Control Services Agreement 4 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. Animal Control Services Agreement 5 f. Additional Insured Endorsement(s), naming the “City of Prior Lake” as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. “Stop gap” coverage for work in those states where Workers’ Compensation insurance is provided through a state fund if Employer’s liability coverage is not available. i. Severability of Insureds provision. D. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies shall be written on an “occurrence” form (“claims made” and “modified occurrence” forms are not acceptable); b. All policies shall be apply on a “per project” basis; c. All policies shall contain a waiver of subrogation naming “the City of Prior Lake”; d. All policies shall name “the City of Prior Lake” as an additional insured; e. All policies shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. Animal Control Services Agreement 6 E. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Records Access. The Consultant 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. 22. 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 Contractor also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Contractor, but any reuse of the Information by the City or the Contractor 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. 23. Subcontractor. The Consultant 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 Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Animal Control Services Agreement 7 Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant 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 Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 24. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Prior Lake unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 25. Conflicts. No salaried officer or employee of the City and no member of the City Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 26. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 27. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. 28. 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. Animal Control Services Agreement 8 City of Prior Lake Kirt Briggs, Mayor Michael Plante, City Manager 4-Paws Animal Control Services LLC Scott Hutnik By: Its: