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HomeMy WebLinkAboutItem 06.fr February 1, 2013 Item No. LAKEVILLE POLICE DEPARTMENT TO ENTER INTO A STANDARD SERVICES AGREEMENT WITH DAKOTA PET HOSPITAL Proposed Action Staff recommends adoption of the following motion: Move to approve the Standard Service Agreement from lanuar 1 2013 through December 31 2015. Passage of this motion will result in the Dakota Pet Hospital boarding and providing basic veterinary services for all dogs and cats found by the Lakeville Police Department Animal Control Officer. Overview The Lakeville Police Department entered into a previous Standard Services Agreement with Dakota Pet Hospital in December 2009. The Agreement will be reviewed in December 2015. Primary Issues to Consider The current Agreement reflects slight fee increases and adjustments for services and treatments, which are applicable to Animal Control only. This agreement can be cancelled by either party upon 30 days written notice to the other. Supporting Information • Standard Service Agreement - January 2013 The redlined version of Section 4 - Compensation reflecting fees adjustments, Financial Impact: $15,297 yearly Budgeted: Y Source: Related Documents (CIP, ERP, etc.): Notes: Section 4. Compensation. The City shall pay Provider and Provider agrees to accept as full and complete compensation for all services rendered under this Agreement. These services include, but are not limited to: Boarding: Cats 4- 1.4wD 1 8,00/Da` Cats and Dogs $ 20.00 /Day Release Fee per Dog or Cat: $ 6.00 g - effl t f dog 84 & 2-9-,00 Euthanasia: Per dog or cat $ 20.00 25.00 Veterinary Service Fees: - IV Catheter and Fluids $ 20.00 25.00 - IV Treatment for Shock/Catheter $ 25.00 - - Rabies $ 25.00 - Per Overnight Treatment $ 15.00 20.00 - Exam Fee $ 22.00 25.00 - Suture /Minor Lacerations $ 50 -75.00 - Splint /Minor Lacerations $ 50 -75.00 - Radiographs (small or large) $ 25.00 30.00 - Other Services Billed at $20.00 25.00 Hour - Flea Treatment 9-.00 Capster $ $10.00 Frontline $ $15.00 (Dog) Revolution $ 20.00 (Cattj - Anti Diarrhea Medication $ 3.00 /Treatment - Feluek Test S 20.00 - Fecal $ 10.00 Created on 1/3/2013 4:3 6:00 Mi • • • / ■ • 1 M • ■ 1 9 : 4 2: 00 1 M _ • 1 • • ■ 1 l� - Medications Cost plus 10 % - Injections plus cost of injection medication $ 10.00 The above prices are applicable only to the A nimal C P ,.TM. . The terms and conditions of this ageement. Created on 4 00 . , r. .. a t • • R I • • ♦ ll • 99 • 0 AM LOCATION: 9237 183 Street, Lakeville, MN 55044 SERVICES: City of Lakeville Poundkeeper PROVIDER: Dakota Pet Hospital STANDARD SERVICE AGREEMENT FOR THE CITY OF LAKEVILLE THIS AGREEMENT is made, executed, and entered into this 1 "' day of January, 2013, by and between the CITY OF LAKEVILLE, a municipal corporation and political subdivision of the State of Minnesota, hereinafter referred to as "City' and DAKOTA PET HOSPITAL, hereinafter referred to as "Provider". Section 1. Recitals. City and Provider agree that this Agreement herein is made in accordance with the following recitals: Subsection A. City is in need of certain services which are hereinafter described and desires to engage Provider as an independent contractor to provide said services in accordance with the terms and conditions set forth herein. Subsection B. City and Provider agree that it is mutually advantageous for them to set forth their respective obligations and agreements in their entirety in writing in this Agreement. Subsection C. City has determined that the provision of services by Provider would serve the best interests of the City of Lakeville and finds that Provider is ready, willing and able to provide such services. Subsection D. For and in consideration of the parties adhering to their prospective obligations, covenants and undertakings hereinafter contained, as well as for and in consideration of the compensation to be paid Provider by the City, the receipt and sufficiency of which is acknowledged by the Provider to be set forth in this Agreement, the City and Provider agree to enter into this Agreement as hereinafter set forth. Section 2. Conditions. 2.1 The following conditions contained in this section are made a part of this Agreement. 2.2 Dakota Pet Hospital agrees to board all dogs and cats found by the Lakeville Animal Control Officer for a period of at least five working days, exclusive of Sunday and holidays and such longer periods as required by law and this Contract. After that time Dakota Pet Hospital may take steps to place the animal in a shelter home or to dispose of the dog or cat in a humane manner. Created on 1/10/13 1 2.3 Provider agrees to allow access to the facility after hours by the appointed Animal Control Officer of the Lakeville Police Department, 2.4 Provider will provide basic veterinary services as requested, including, but not limited to: treatment for shock and stabilization of injured animals brought to the pet hospital. Decisions on extent of treatment offered will be made by the Animal Control Officer in consultation with the veterinarian. 2.5 Provider will snake available reasonable emergency care during business hours. 2.6 Provider shah maintain sanitary and humane kennels and facilities for dogs and cats delivered by the Lakeville Animal Control Officer, as provided in Title 5, Chapter 1 of the Lakeville City Code, Minnesota Statute 347.35, and Minnesota R. 1720.1330- .1555. 2.7 provider shall collect any fees or fines, according to Lakeville Ordinance and /or resolution, required to be paid by the owners of dogs and cats. 2.8 The Provider shall give an accurate written report each month to the City stating all animals impounded and the duration of the impoundment and all animals destroyed and any other fees or services rendered. 2.9 Release to owners dogs or cats impounded through the Animal Control Program. Release will take place only after proof of payment or authorization has been given from the Lakeville Police Department. 2.10 The books, records, documents, and accounting; procedures and practices relating to the agreement are subject to examination by the city for a minimum of 6 years. Section 3. Term. The term of this Agreement shall begin on the 1 st day of January, 2013 and end on December 31, 2015. This agreement can be canceled by either party upon 30 days written notice to the other. Section 4. Compensation. The City shall pay Provider and Provider agrees to accept as full and complete compensation for all services rendered under this Agreement. These services include, but are not limited to: Boarding. Cats and Dogs $ 20.00 /Day Release Fee per Dog or Cat: $ 6.00 Euthanasia: Per dog or cat $ 25.00 Created on 1/10/13 Veterinary Service Fees: - IV Catheter and FIuids $ 25.00 - IV Treatment for Shock/Catheter $ 25.00 - Rabies $ 25.00 Per Overnight Treatment $ 20.00 - Exam Fee $ 25.00 Suture /Minor Lacerations $ 50 -75.00 - Splint/Minor Lacerations $ 50 -75.00 - Radiographs (small or large) $ 30.00 - Other Services Billed at $25.001'er Hour - Flea Treatment Capster $ 10.00 Frontline $ 15.00 (Dog) Revolution $ 20.00 (Cat) - Anti Diarrhea Medication $ 3.00/Treatnnent - Feluek Test $ 20,00 - Fecal $ 10.00 - Medications Cost plus 10% - Injections plus cost of injection medication $ 10.00 The above prices are applicable only to the terms and conditions of this agreement. Any animal impounded whieh is not claimed after five (5) days, exclusive of Sunday and holidays, becomes the property of the City and may be disposed of in a humane manner or placed in the custody of some other suitable person. Any animal taken into custody under Minn. Statute 343.22, investigation of cruelty complaints, may be humanely disposed of ten (10) days after the animal is taken into custody. Any animal taken into custody that has bitten a person or that may have exposed a person to rabies shall be quarantined for at least ten (10) days. Created on 1/10/13 3 Section 5. Supplies, Equipment and Incidentals. The City and Provider agree that the Provider shall furnish any and all supplies, equipment and incidentals within Provider's space capabilities necessary for Provider's performance of this Agreement. Section 6. Accountability. The City and Provider agree that the City shall designate a representative on it's behalf who shall be responsible for providing communication as to the provision of services by the Provider under this agreement. Section 7. Termination. The City reserves the right to terminate Provider at any time within the teen of this Agreement. In the event of such termination, the City shall provide Provider written notice of termination and upon receipt of same, Provider shall immediately cease and desist Provider's provision of services under this agreement and City shall have no further obligation under this Agreement to pay any further compensation to Provider except for compensation due and owing for services prior to Provider's receipt of written notice of termination. This Agreement may be terminated by the Provider upon thirty (3 0) days prior written notice. Section 8. Insurance. The Provider shall furnish the City a certificate of insurance. The Provides shall furnish and maintain such public liability and property damage insurance as shall protect Provider work covered by the Agreement from claims for damages by Workers Compensation Statute, and fi•om claims for property damages or personal injury which may arise from operations under this Agreement, whether such operations are by Provider or anyone directly or indirectly employed by either of them and the amounts of insurance shall be as follows: General Liability (or in combination with an umbreffa policv) $1,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury $1,000,000 Products Completed Operations Aggregate $1,000,000 Annual Aggregate Auto LiahilhlY $1,000,000 Combined Single Limit - Bodily Injury & Property Damage Owned Vehicles (if Provider has such vehicles) Hired & Non -Owned Workers Compensation Statutory Limits $100,000 Each Accident $500,000 Policy Limit $100,000 Each Disease `Tile Provider s Insurance must be "Primary and Non - Contributory'. The successful bidder must submit, prior to Agreement award, evidence of insurability in the amounts as provided above. (A Certificate of Insurance). The Provider shall indemnify and save the City, its officers, affiliates and employees Created on 1/10/13 4 from any and all claims, suits, losses, damages or expenses on account of injuries or death of any or all persons, or property dainages sustained and caused by an act, omission, neglect or misconduct of said Provider. All insurance policies (or riders) required by this Agreement shall be (i) taken out by Provider and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name Provider as an insured party and City as an additional insured; (iii) shall be evidenced by a Certificate of Insurance listing City as an additional insured which shall be filed with the City, Section 9. Hold Harmless. Provider agrees to defend, hold harmless and indemnify the City, its officers, agents and employees from and against any and all claims, damages, demands, actions, or causes of action (including court costs and reasonable attorney's fees) of whatever nature or character arising form the performance by the Provider herein. Section 10. Independent Contractor. City and Provider agree that Provider, while engaged in carrying out and complying with the terms and condition of this Agreement and the provision of services thereunder, shall be considered at all times an independent contractor and not an officer, employee or agent of the City, City and Provider further agree that Provider shall not at any time or in any manner represent that Provider or any of Provider "s agents or employees is in any manner agents or employees of the City. City and Provider further agree that Provider shall be exclusively responsible under this Agreement for Provider's own FICA payments, witltlaolding amounts and /or self - employment taxes or other taxes if any such payments, amounts or taxes are required to be paid by law or regulation, Section 11. Written Notice or Other Correspondence. Any written notice or other correspondence to be provided by or between the City and the Provider in accordance with this Agreement shall be either hand delivered or mailed by registered or certified mail to the following addresses: CITY: City of Lakeville Police Department 9327 183"" Street Lakeville, MN 55044 PROVIDER: Dakota Pet Hospital 20135 Icenic Trail Lakeville, MN 55044 Section 12. Waiver of Default. Any waiver by City of a default under the provisions of the Agreement by Provider shall not operate or be construed as a waiver of a subsequent default by the Provider. No waiver shall be valid unless in writing and signed by the Mayor and City Administrator on behalf of the City. Created on 1/10/13 5 Section 13. No Assignment. The City and the Provider agree that the services to be rendered by the Provider under this Agreement are unique and personal. Accordingly, the Provider may not assign any of the Provider's rights or delegate any of the Provider's duties or obligations under this Agreement without City consenting to such an assignment and the assignment being reduced to writing and signed by the Mayor and City Administrator on behalf of the City, Section 14. Invalidity of Provisions. If any term or provision of this agreement or any application hereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be effected thereby and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. Section 15. Entire Agreement. This instrument herein contains the entire and only agreement between the parties and no oral statements or representations or prior written matter not contained in this instrument shall have any force and effect. This Agreement shall not be modified in any way except by writing executed by both parties. Section 16. Governing Law. Minnesota Statutes, Minnesota Rules, and City Ordinances are incorporated herein. Anything in this Contract that conflicts with the statutes, rules, and ordinances is superseded. Section 17. Sales Tax. The Provider will charge the City sales tax where appropriate. Section 18. Workers Compensation. The Provider will furnish the City with a Certificate of Insurance demonstrating proof of coverage for workers compensation. Section, 19. Discrimination. Provider agrees to comply with Minnesota Statute 181.59 which states= Subsection A. That, in the hiring of common or skilled labor for the performance of any work under any contract or any subcontract, no contractor, material supplier or vendor shall by reason of race, creed or color, discriminate against person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which employment relates; Subsection B. That no contractor, material supplier or vendor, shall, in any manner, discriminate against or intimidate or prevent the employment of any person or persons identified in clause ( 1) of this section, or on being hired, prevent or conspire to prevent the person or persons from performance of work under any contract on account of race, creed or color; Subsection C. That a violation of this section is a misdemeanor; and Created on 1/10/13 6 Subsection D. That this contract may be canceled or terminated by the City and all money due or to become due under the contract may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. Section 20. Work Hours. The boarding facility shall be open for pick up of animals during normal business hours, except on rare occasions, Provider is not responsible for any release of animals outside of regular business hours. Requests for after hours services will be charged according to services provided. Section 21. Administrative Release of Impounded Animals. The City shall: (1) Provide license forms, license tags and receipts necessary to release impounded animals; and (2) Provide police and animal control support if citizens are upset with the bill. The Provider shall: (1) Fill out all forms requested by the City; (2) Collect fees due to the City; (3) Issue licenses; (4) Contact an Animal Control Officer if the officer indicates a desire to talk with the owner upon release of an animal; and (5) comply with all requirements regarding the release of animals to licensed institutions. Section 22. Records. All data created, collected, received, maintained or disseminated for any purpose in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. All books, records, documents and accounting procedures and practices to the Provider relative to this Agreement are subject to examination by the City. Provider shall maintain and preserve the following records including but not limited to: (a) The description of the animal by species, breed, sex, approximate age and other distinguishing traits; (b) The location at which the animal was seized; (c) The date of seizure; (d) The name and address of the person from whom any animal three months of age or over was received; (e) The naive and address of the person to whom any animal three months of age or over was transferred; and (f) The history of disease conditions diagnosed by a veterinarian or diagnostic laboratory on animals housed on the premises. Section 23. Provider agrees to comply with the disposition of animal carcasses as required under Minnesota Statute 35.82, subdivision 2(a). Created on 1/10/13 7 IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day and year f rst above written. CITY: CITY OF LAKEVILLE Matt Little, Mayor Charlene Friedgas, City Clerk PROVIDER: DAKOTA PET HOSPITAL B y. 1 ,e A I...�.._J Dr. Anne Krake Created on 1/10/13 8 Jan. 4, 2013 6 :44PM w . r o CERTIFICATE OF LIA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTU REPRESEN OR PRO DUCE R , A THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the the terms and conditions of the policy, certain Policies may require an It certificate holder in lieu of such endorsement(s). PRODUCER Agency 1.0 Insurance 6499 Sycamore Court Grove MN 55369 INSURED Dakota Pet Hospital 20136 Icenic Trail Lakeville MN 55044 NO, 7072 P. 1/2 B I LI TY INSURANCE DATE (MMIDDIYyyy) 1/4/2013 Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE: HOLDER, THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES rE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED pollcy {les) must be endorsed. If SUBROGATION IS WAIVED, subject to ndorsement. A statement on this certificate dues not confer rights to the CONTACT NAME: Donna Kirchner PHD6E 3) 551-1010 AX (7637554 -1340 AIC No dkirchner @agencyl4_com ADWE INSURE MS) AFFORDING COVERAGE NAIC t INSURERA Auto Owners ISSUED TO INSURER B NAMED ABOVE FOR THE POLICY PERIOD INSUREER C NOTWfrHSTANDING ANY REQU(REMENT, INSURERD : INSURER E CONTRACT INSURER F ; DOCUMENT WITH RESPECT TO WHICH THIS V , •.GRllr C rYUrwrorm ;U .Lz 76 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWfrHSTANDING ANY REQU(REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSIR TYPE OF INSURANCE MIS ZRI POLICY NUMBER P IC EPF POLICY %P (MM)ODhYM LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERALLIABILiTY i�R•FMISES ooccunen¢e S 50,000 MED-XP (Any ore RerSOnl 5 5,000 A CLAIMS MADE �X OCCUR 974065700 J 712012 /7/2013 PERSONAL & ACV INJURY $ 2 , DOO 000 GENERAL AGGREGATE , $ 4,000,000 GENL AGGREGATE OMIT APPLIES PER PRODUCTS - COMPICP AGG S 2,000,000 X POLICY PRO LOC 'ECj S AUTOMOBILE LIABILITY I-E LIM11 - Eaaccoderll ANY AUTO BORLY INJURY (Per pvs n) ALL OWNED SCHFOULED BODILY INJURY {Per accident) $ AUTOS AUTOS NQ.N- ONrdED HIRE El AUTOS AUTOS PROPERTY AMA 'Pei $ a=denl' $ UMBRELLA LIAB OCCUR H CLAIMS-14ADZ EACH OCCURRENCE $ EXCESSLIAB AGGREGATE $ DED I I RETENTION$ S WORKERS COMPENSATION WC STATL7- QTH AND EMPLOYERS'LIABILISY Y TORY LIMTS, FR EL EACH ACCIDENT _ $ 500 000 ANY PROmIETgR1PARTNE ?UfiIYE EXCLUDED? El NIA MandatoryinNH) NH) (Mandatory in 0 8049955 J7J2012 /7/2013 EL DISEASE -EA EMPLOYE $ 500.000 Il yyes, describe under EL DISEASE- POLICYLIMIT g boo 000 1) CRIPTIONOFOPERAVONSbelar+ I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 1et, Additional Remarks Schedule, it more space Is required) (952)985-4899 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lakevil ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Captain aohn Arhidson 9237 183rd Street AUTHORIZED REPRESENTATIVE Lakeville, It+IN 55044 P la rc Macke /DONNA � �� -•K y �"e- _ _ -- ,,, , IV I70c -rU1U 1AL.UKU wKFQKATIDN. All rights reserved. iNS025 12cioaslol The ACORD name and l000 are registered marks of ACORD Jan. 4. 2013 4:4441 No. 7072 P, 2/2 ADDITIONAL COVERAGES Ref # Description Coverage Code Form No. Editlon Date Veterinarian Professional Liability VEfPL Limit 1 Limit 2 =Llmlt3Deductible Amount Deducttbie Type Premium 2,000,000 Ref # Description Coverage Code Form No. Edition Date Employee Benefits EBLIA Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 2,000,000 Ref # Description Coverage Coda Farm No. Editlon Data Safe Workplace Credit SAFE Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Coverage Code form No. Edition Date HDoscription. Coverage FFERR Llmlt Limit 3 Dedu ctible Amount Deductible Type Premium Ref # Description Coverage Coda Form No. Edition Date WC & Employer's liability WCEL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. EdIllon Dale Assessment Fund ASMNT Limit 1 Limit 2 Limit 3 Daductlble Amount i Deductib[e Typa 'Premium Ref# Description Coverage Code Form Na. Edition Data Expense constant EXCNT Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date increased employers liability INEL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Editlon Date Schedule rate adjustment SRA Limit 1 J Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref It Description Cove Cage Code Form No„ Edition Date MN Special Compensation Fund (MN) SPCOM Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Gods Form 2N,, Editlon Date LEmTt 1 Limit 2 Limit 3 Deducttbie Amount Deductible Type Premium L OFADTLCV Copyright 2001, AMS Services, Inc.