HomeMy WebLinkAbout5O - Animal Control Services Contract
MEETING DATE:
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
JUNE 26, 2006
50
Ralph Teschner, Finance Director
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR
AND CITY MANAGER TO RENEW THE CONTRACT FOR ANIMAL
CONTROL SERVICES FOR 2007 AND 2008
Historv
The City Council entered into a contract for animal control services with 4
Paws Animal Control Services located in Burnsville on March 5, 2005. The
contract was awarded after SCALE initially researched the possibility of having
Scott County provide these services. However, the county proposal was not
cost effective so Prior Lake eliminated this option and solicited bids from three
vendors and entered into a contract under the City's standard agreement with
4-Paws as successful low bidder.
Current Circumstances
Staff is requesting that the animal services contract be renewed with 4 Paws
as they have provided an acceptable level of service. The new contract is the
City's standard agreement written on a calendar year basis.
Our Police Department has confirmed that service has been satisfactory as we
have received no complaints or comments that would suggest otherwise.
Also, from a financial perspective they have agreed to continue charging the
same fee for 2007 as the current year and a 5% increase for 2008. Outlined
below is a table illustrating their proposal as compared to this year:
nnual $ nual % ]
. ........_........r.~.~r 1_ ase ............. .......................~t~~.~.~..............
l...................-~QQ~---........-....i"-.. $2,600 :. ...--.. I --..----~
1--. 2007 .j._...__...!~~600 I--.--.__._~Q-_..! 0% .1!
I 2008 ! _!?.~r~Q.....................L-..$1.~Q._.............L_....._.......?.~_............................,
Their total proposed fees for 2007 and 2008 represent an overall 2.5%
average annual increase. The proposed cost for the two years is very
reasonable and represents a total increase of $1560.00 for the animal control
services. The City maintains the right to terminate services at any time for any
reason by providing 120 days notice of cancellation.
The following alternatives are available to the City Council:
1. Approve A Resolution Authorizing the Mayor and City Manager to
Renew the Contract for Animal Control Services for 2007 and 2008.
2. Reject the proposal for a specific Council reason.
www.cityofpriorlake.com
H\BID\Agenda animal control propOS~tttme 952.447.4230 / Fax 952.447.4245
RECOMMENDED
MOTION:
Alternative #1.
Revi
1. Approve A Resolution Authorizing the Mayor and City Manager to Renew the
Contract for Animal Control Services for 2007 and 2008.
2. Standard Agreement for Animal Control Services.
H:\B!D\Agenda animal control proposal.d)c
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 06-xxx
Motion By:
Second By:
WHEREAS, The City of Prior Lake has evaluated and determined that contracting with the private
sector is the most cost effective and efficient manner of providing animal control
services; and
WHEREAS, The City of Prior Lake entered into an initial two-year contract for Animal Control
Services with 4 Paws on March 31, 2005; and
WHEREAS, 4 Paws has provided a satisfactory level of animal control service within the
community; and
WHEREAS, The new agreement extends the contract period for two years at an average
annualized increase of 2~%; and
WHEREAS, The City maintains the right to terminate services at any time by providing 120 day
notice of cancellation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE that:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City manager are hereby authorized to extend and execute the animal control
contract with 4 Paws for the following years and cost:
Fiscal Year
2007
2008
Animal Control Service Contract Fee
$2600/month + tax
$2730/month + tax
Passed and adopted this 26th day of June, 2006.
YES
NO
Haugen
Dornbush
Erickson
LeMair
Millar
Haugen
Dornbush
Erickson
LeMair
Millar
{Seal}
City Manager
City of Prior Lake
H:\BID\Animal control resolution DOC
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
AGREEMENT FOR ANIMAL CONTROL SERVICES
THIS AGREEMENT is made on the 26th day of June, 2006, between the City of Prior Lake,
Minnesota (hereinafter "City"), whose business address is 16776 Fish Point Road, and Curt Finch, dba 4
PAWS ANIMAL CONTROL (hereinafter "Animal Control Officer") whose business address is 520 Harold
Drive, Burnsville, MN 55337.
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of
services for City projects. That policy requires that persons, firms or corporations providing such services
enter into written agreements with the City. The purpose of this agreement is to set forth the terms and
conditions under which Curt Finch, dba 4 PAWS ANIMAL CONTROL SERVICE will provide animal
control services and -act as Animal Control Officer to the City as outlined in this Agreement, hereinafter
referred to as the "Work."
RECITALS
WHEREAS, the City requires the services of an Animal Control Officer for public safety reasons; and,
WHEREAS, the City's previous Animal Control Officer will terminate such services to the City on October
4, 2006; and,
WHEREAS, the City Council has considered alternate ways of providing animal control services; and
WHEREAS, the City Council has concluded that the most cost effective way of providing such services is
through contract with 4 Paws,
NOW, THEREFORE, based on the mutual promises and consideration provided for herein, the
sufficiency of which is not disputed, the parties agree as follows:
1. Recitals: The Recitals set forth above are incorporated by reference as if fully set forth herein.
2. Scope of Work. The Scope of the Work is setout in two documents, the City's letter dated March 1,
2005, (Exhibit A) and Proposal dated March 4, 2005, (Exhibit e.) Exhibits A and e are incorporated
by reference herein as if fully set forth. Read together Exhibits A and e, and this Agreement
collectively constitute the "Contract Documents" and define the Work the Animal Control Officer will
perform on behalf of the City. If there is a conflict between any of the provisions in the Contract
Documents, the discrepancy shall be resolved by utilizing the provision most favorable to the City.
3. Time for Performance of Services. The Animal Control Officer shall perform the services described
in the Contract Documents within the timeframe specified therein unless otherwise agreed upon in
writing.
4. Compensation for Services. City agrees to pay the Animal Control Officer for the period October 4,
2006, to December 31, 2007, the amount of $2,600.00 per month (plus sales tax). City agrees to pay
the Animal Control Officer for the period of January 1, 2008, through December 31, 2008, the amount
of $2,730.00 per month (plus sales tax). Such amounts will be paid monthly no later than the 15th of
each month for the preceding month following receipt of an invoice and monthly report.
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In addition to the above payments, not to exceed fees set forth above, the Animal Control Officer may
seek reimbursement for reasonable out-of-pocket expenses directly associated with work expressly
requested by the City.
A. Any changes in the scope of the Work, as described and defined in the Contract Documents,
which may result in a change in the compensation due the Animal Control Officer shall require
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 Representative. The Police Chief, or his designee, shall interface with the Animal Control
Officer with respect to the work to be performed under this Agreement. The City's representative
shall have complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment, elements
and systems pertinent to the work covered by this Agreement.
6. Method of Payment. The Animal Control Officer shall submit to the City, on a monthly basis,
itemized bills for animal control services performed under Section 4 of this Agreement. Bills
submitted shall be paid in the same manner as other claims made to the City.
A. Proaress 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 Suspended Work. If any work performed by the Animal Control Officer is
abandoned or suspended in whole or in part by the City, the Animal Control Officer shall be paid
for any services performed on account of it prior to receipt of written notice from the City of such
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abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated herein
by reference.
1. Project Manager and Staffing. Curt Finch shall serve as the Animal Control Officer.
2. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the
standard of care in Scott County, Minnesota for services of the like kind.
3. Audit Disclosure. The Animal Control Officer shall allow the City or its duly authorized agents
reasonable access to such of the Animal Control Officer's books and records as are pertinent to all
services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or
assembled by, the Animal Control Officer under this Agreement which the City requests to be kept
confidential shall not be made available to any individual or organization without the City's prior written
approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, and reports prepared by the Animal Control Officer shall become the property of the
City upon termination of this Agreement, but Animal Control Officer may retain copies of such
documents as records of the services provided.
4. Term. The term of this Agreement is defined in the Contract Documents.
5. Termination. This Agreement may be terminated by either party by one hundred twenty (120) days
written notice delivered to the other party at the address written above. Upon termination under this
provision if there is no fault of the Animal Control Officer, the Animal Control Officer shall be paid for
services rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because of the Animal Control Officer has failed to perform in
accordance with this Agreement, no further payment shall be made to the Animal Control Officer.
6. Subcontractor. The Animal Control Officer shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written consent of
the City. The Animal Control Officer shall pay any subcontractor involved in the performance of this
Agreement within the ten (10) days of the Animal Control Officer's receipt of payment by the City for
undisputed services provided by the subcontractor. If the Animal Control Officer fails within that time
to pay the subcontractor any undisputed amount for which the Animal Control Officer has received
payment by the City, the Animal Control Officer shall pay interest to the subcontractor on the unpaid
amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest
penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Animal Control Officer shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Animal Control Officer
shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the
action.
7. Independent Consultant. At all times and for all purposes herein, the Animal Control Officer is an
independent contractor and not an employee of the City. No statement herein shall be construed so
as to find the Animal Control Officer an employee of the City.
8. Non-Discrimination. During the performance of this Agreement, the Animal Control Officer shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability, or age.
The Animal Control Officer shall post in places available to employees and applicants for
employment, notices setting forth the provision of this non-discrimination clause and stating that all
qualified applicants will receive consideration for employment. The Animal Control Officer shall
incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work,
and will require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work.
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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 ComDensation. The Animal Control Officer shall secure and maintain such insurance as
will protect Animal Control Officer from claims under the Worker's Compensation Acts and from
claims for bodily injury, death, or property damage which may arise from the performance of
Animal Control Officer's services under this Agreement.
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C. Personal Liability 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 fonn:
CITY OF PRIOR LAKE
City Attorney
Mayor
City Manager
4 PAWS ANIMAL CONTROL
By Its President Curt Finch
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