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HomeMy WebLinkAbout4I - 1994 Animal Control Contract CONSENT AGENDA #: 4 (i) PREPARED BY: RALPH TESCHNER FINANCE DIRECTOR SUBJECT: CONSIDER APPROVAL OF REVISED ANIMAL CONTROL CONTRACT DATE: DECEMBER 20, 1993 INTRODUCTION: BACKGROUND: DISCUSSION: The purpose of this agenda item is to consider an updated animal control contract between the City of Prior Lake and Robert McAllister. The City has utilized the services of Robert McAllister as an independent contractor for many years. During the City Council workshop, which was conducted earlier this year, there was considerable discussion regarding if the City itself were to provide animal control services. However it was acknowledged after reviewing a number of cost considerations that it would be more effective to continue our existing arrangement with Mr. McAllister. The contract is an ongoing contract which is intended to continue as long as both parties are mutually satisfied subject to annual appointment by the City Council of Robert McAllister as animal warden. At this time, in addition to considering the monthly retainer increase, Staff has also taken the opportunity to clean up some of the contract language and update the insurance provisions. Initially, Mr McAllister had requested the contract to be revised to provide for compensation based upon a schedule of pickup charges for the variety of nuisance animals that he has to deal with. Staff determined that, if these charges had been applied during the course of the past twelve months, the monthly amount would have averaged out approximately to $900.00. Staff negotiated a compromise settlement of deferring the pickup charges for a monthly retainer of $700.00 instead which represents the midpoint of his request. Since 1987, the animal control contract remained unchanged at $450.00 per month until a modest increase to $500.00 was approved this current year. Staff believes this to be an equitable arrangement. The annual total of $8400 was incorporated into the 1994 Operating Budget most recently considered by the City Council. Staff has indicated to Mr. McAllister that we would take a closer look with respect to a pickup based contract and its fiscal impact at budget time next year. All revenues generated by receipts identified under Paragraph 13 of the contract as dog pound collections, fines and license sales are remitted 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER directly to the City of Prior Lake. These amounts are listed under a monthly activity report summary. The remaining contract modifications involved language clarification with the most significant change affecting an increase in required insurance coverage from $100,000/300,000 to $250,000/500,000 for the purpose of increasing the city's liability protection. ALTERNATIVES: The following alternatives are available to the City Council: 1. Approve the Animal Control Contract as submitted. 2. Amend specific contract provisions as agreed to by Council consensus. 3. Delay action on the contract if additional information or consideration input is required by the Council. RECOMMENDATION: Staff would recommend that the City Council approve the Animal Control contract as submitted including the monthly retainer increase from $5oo.00/mo. to $700.00/mo. ACTION REQUIRED: A motion to approve the animal control contract with direction by the Council to authorize the Mayor and City Manager to enter into the contract agreement on behalf of the City Council for Prior Lake. A4.WRT AGREEMENT 1. THIS AGREEMENT made and entered into this 31 st day of December, 1993, by and between the City of Prior Lake, Scott County, Minnesota, hereinafter referred to as the "City" and Robert McAllister, hereinafter referred to as "Contractor". WITN(;SS(;O 2. 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, 3. 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, 4. 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, 5. WHEREAS, the City defines as nuisance animals such animals as cats, dogs, squirrels, fox, raccoons, muskrats, and other nuisance animals. 6. NOW_ THEREFORE, IN CONSIDERATION of the mutual promises and covenants hereinafter set forth, IT IS AGREED: 7. 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. 8. 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. 9. 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 arising out of the use of automobiles and shall include owned, non-owned, and hired vehicles. The City shall receive thirty days advance written 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 for non-payment of any sum due hereunder, 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 McAllister DATED: I 19_ BY: Lydia Andren DATED: ,19_ BY: Frank Boyles (Seal) KKAGR.WRT