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HomeMy WebLinkAbout4H, Motion to Approve 2009 Animal Control Service Contract ~ ~LS Request for Council Action ~ Prepared By: Ron Moorse, City Administrator Council Meeting Date: December 15, 2008 Motion to approve 2009 Animal Control Service Contract Budgeted Amount: Not Applicable Actual Amount: Not Applicable Funding Source: Not Applicable Motion to approve the attached contract with ACS for animal control services in 2009. Supporting Documents: 1. See the attached memo from Ron Moorse dated January 12, 2009 2. Animal Control Contract ~ MEMORANDUM DATE: January 12, 2009 TO: Mayor and City Council FROM: Ron Moorse, City Administrator SUBJECT: 2009 Animal Control Service Contract with ACS Back2:round The City has been contracting with Animal Control Services, Inc. (ACSI) for animal control services for a number of years. For 2009, ACSI has changed its name to ACS (Animal Control Services). The contract with ACS for 2009 is attached for Council approval. The contract is similar to the 2008 contract, with a number of fee changes. While the impound fee has remained at $42.00, and the daily boarding fee has remained at $18.00, there are a number of changes to other fees as follows: Price per hour per vehicle for patrol service: increase from $33.88 to $36.00 Price per call-out -- 6:00 p.n1. to midnight: increase from $67.00 to $72.00 Price per call-out -- Midnight to 7:00 a.m.: increase from $73.00 to $78.00 Recommendation It i~ re9ommend~cl that the proposed 2009 animal control service contract be approved. Council Action ReQuested Motion to approve the attached contract with ACS for animal contrQI services in 2009. ANIMAL CONTROL CONTRACT This Agreement, made effective the first day of January, 2009, by and between Animal Control Services, hereinafter referred to as "ACS," and the City of Arden Hills, a municipal corporation, located in the County of Ramsey, State of Minnesota, hereinafter referred to as the "City". In consideration of the covenants and agreements, hereinafter set forth, it is mutually agreed by and between the parties, hereto, as follows: 1. This agreement will continue in effect until December 31, 2009, unless terminated as provided herein. 2. ACS will provide Patrol services on the public streets of the City, in a vehicle suitable for the transportation of small animals, in accordance with City Ordinances and a schedule agreed upon by both parties. The vehicle shall have proper identification displayed at all times. ACS shall maintain and insure such vehicles at all times. In addition to patrol hours, ACS agrees to maintain at least one vehicle for CallOut service to attend to cases outside regular patrol hours at the specific request of a law enforcement agency as approved by the City. 3. ACS shall provide competent personnel, trained in the handling of animals, in proper uniform and identification including employee's first name and/or employee number. 4. The City authorizes ACS to apprehend and retain dogs, cats, and other animals, and/or issue citation tags for violations of the City Ordinances related to animals. ACS will not take action on private property contrary to the expressed wishes of the owner of said property, nor forcibly take an animal from any person, without the instruction, approval, and assistance of a duly licensed Minnesota Peace Officer with current jurisdiction that includes the private property where the animal is located. 5. ACS shall impound and board animals as directed by written order of an authorized City representative, or by ruling of the Minnesota Board of Health or other Minnesota or United States agency with jurisdiction. 6. Impounded animals shall be kept at Hillcrest Animal Hospital, 1320 County Road D Cir Maplewood, MN 55109, (651) 484-7211, and shall be kept in a suitable, humane manner for a period required by the City Ordinance. ACS may temporarily board at an emergency facility if access and/or treatment is not immediately available at Hillcrest Animal Hospital. 7. If an animal is unclaimed, the City will pay ACS the charges as agreed to on Exhibit A to this Agreement within thirty days of the Statement Date. 8. Before an animal is released to its owner, ACS or its agent shall collect the charges specified on Exhibit A to this Agreement. 9. In the event that any dogs, cats, or other impounded animals are unclaimed after the expiration of any applicabl~ redemption or quarantine period, or six (6) days, whichever is longer, they shall becom~ the property of ACS and may be disposed of or sold at its sole discretion. All proceeds from the disposition of such animals shall be the sole property of ACS, including any proceeds received from any animals disposed of in accordance<with Minnesota Statutes 35.71. 10. The City shall furnish to ACS any required forms or receipts and ACS shall keep records of all animals impounded. 11. ACS shall defend, indemnify, and hold the City harmless including its officers, employees or agents from any and all claims, lawsuits, losses, damages, or expenses on account of bodily injuries, sickness, disease, death, and property damage, including injury to animals caused by its employees. ACS shall provide the City proof of public liability insurance including comprehensive automobile liability in an amount of at least $500,000.00 per each claimant and $1,000,000.00 per occurrence and E.O.C. insurance in the amount of $250,000.00 per occurrence. ACS shall carry, and upon request of the City provide proof of Workers Compensation Insurance coverage required by Minnesota law. 12. ACS shall comply with the Minnesota Data Practices Act and all other State and Federal laws relating to data privacy or confidentiality, and shall hold the City and its employees harmless from any claims resulting from any improper disclosure or use of data it receives or maintains in performance of this Agreement. ACS shall immediately report to the City any requests from third parties for information relating to its performance of this Agreement. 13. ACS agrees to promptly respond to inquiries for information or documentation from the City related to its performance of this Agreement. 14. ACS agrees to abide by the requirements and regulations of the Americans with Disabilities Act of 1990 (ADA), the Humans Rights Act (Minnesota Chapter 363 and Title VII of the Civil Rights Act of 1964), and any laws governing discrimination based on race, gender, disabjlity, religion, sexual preference, and sexual harassment. Violation of any of the above laws can lead to termination of this contract. 15. Either party hereto, may terminate 'this contract after thirty (30) days written notice to the other party. Any payments due ACS shall not be affected by termination. 16. Any notice required under applicable law or this Agreement, may be sent to the other party as indicated on Exhibit A herein. 17. ACSsha11 be entitled to apply a fuel surcharge in the event the average price for unleaded gasoline in the Twin Cities metropolitan area, as measured by AAA or similar reporting service, is $2.50 per gallon or higher. 2 Richard L. Ruzicka Animal Control Services City of Arden Hills By: Its: 3 ANIMAL CONTROL CONTRACT EXHIBIT ONE PATROL $36 3 hours per week between 8:00 A.M. and 6:00 P.M. CALL OUT $72 $78 $78 6:00 P.M. to 10:00 P.M. (Mon-Fri except holidays) 10:00 P.M. to 8:00 A.M. (Mon-Fri except holidays) 10:00 P.M. Friday - 8:00 A.M. Monday & holidays The CallOut rates are a flat fee, determined by the time the request is received by ACS. ANIMAL - OWNER CHARGES - CLAIMED $42.00 Administrative Handling Fee $18.00 Daily Boarding Fee Statutory Veterinary Services (at cost) ANIMAL - CITY CHARGES - UNCLAIMED $25.00 Animal Surrender Fee $17.00 Daily Boarding Fee $58.00 Euthanasia and Disposition Statutory Veterinary Services (at cost) Charges herein do not include any applicable sales taxes. Daily Boarding Fees are charged for all or any portion of a calendar day an animal is boarded. Notices pursuant to this contract shall be given by deposit in the United States Mail, postage prepaid, addressed as follows: Mr. Richard L. Ruzicka Animal Control Services 6400 Colfax Avenue North Brooklyn Center, MN 55430 , As: City of Arden Hills Alternatively, notices required by this contract may be personally delivered to the persons named above. Notice shall be deemed given as of the date of personal service or as of the date of deposit of the notice in the United States Mail 12/08 4