Loading...
HomeMy WebLinkAboutItem 06.c Date: Item No. AGREEMENT FOR ANIMAL POUNDKEEPER SERVICES WITH DAKOTA PET HOSPITAL Proposed Action Staff recommends adoption of the following motion: Move to approve agreement for Animal Poundkeeper services with Dakota Pet Hospital. Overview Passage of this motion will result in an agreement with Dakota Pet Hospital until December 31, 2022 for continued service as the animal poundkeeper as required by ordinance. Dakota Pet Hospital will house animals impounded by the police department and care for them until claimed by owner or transferred to the humane society. Primary Issues to Consider • A designated pound is required by ordinance 5-1-10 A. • A local clinic saves travel time for staff and residents dealing with animals. • Dakota Pet has provided excellent care for animals held by the city in the past. Supporting Information • Agreement prepared by the City Attorney Financial Impact: $ Budgeted: Y☒ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Deputy Chief John Kornmann July 15, 2019 8000 Page 1 of 8 STANDARD SERVICE AGREEMENT CITY OF LAKEVILLE POUNDKEEPER THIS AGREEMENT is made, executed, and entered into this 15th day of July 2019 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. The following conditions contained in this section are made a part of this Agreement. 2.1. Provider agrees to board all dogs and cats found by the Lakeville Police Department for a period of five working days, exclusive of Sunday and holidays and such longer periods as required by law and this Agreement. 2.2. Provider agrees to allow access to the facility after hours by Community Service Officers and Police Officers of the Lakeville Police Department. 2.3. 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 Lakeville Police Department in consultation with the veterinarian. Page 2 of 8 2.4. Provider will make available reasonable emergency care during business hours. 2.5. Provider shall maintain sanitary and humane kennels and facilities for dogs and cats delivered by the Lakeville Police Department, as provided in Title 5, Chapter 1 of the Lakeville City Code, Minnesota Statute 347.35, and Minnesota R. 1721. 0520 2.6. Provider shall collect any fees or fines, according to Lakeville Ordinance, required to be paid by the owners of dogs and cats. The provider shall not accept checks written from personal or business accounts for payment. 2.7. Provider shall give an accurate written report each month to the City stating all animals impounded and the duration of the impoundment, all animals destroyed, and any other fees or services rendered. 2.8. Provider shall 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. 2.9. For each payment invoice provided to the City, Provider shall provide a detailed financial report providing a breakdown of all fees and expenses charged, revenues and expenses on the City account for the purposes of reconciling the account and determining monies owed to each party. 2.10. Provider shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional Provider under similar circumstances. 2.11. The books, records, documents, and accounting procedures and practices relating to the agreement are subject to examination by the City for a minimum of 3 years. Section 3. Term. The term of this Agreement shall begin on the 15th day of July 2019 and end on December 31, 2022. This agreement can be canceled by either party as provided in Section 8. 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 as provided in Exhibit A attached hereto. Section 5. Impoundment and Disposal. Any animal impounded which is not claimed after ten (10) days becomes the property of the City and ownership and care will transfer to the Provider to 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, or if taken under custody under Minn. Stat. 343.22 or 343.29, immediately when the animal is Page 3 of 8 suffering and is beyond cure through reasonable care and treatment. 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 Section 6. 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 7. Accountability. The City and Provider agree that the City shall designate a representative on its behalf that shall be responsible for providing communication as to the provision of services by the Provider under this agreement. Section 8. Termination. The City reserves the right to terminate Provider at any time within the term 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 (90) days prior written notice. Section 9. Insurance. The Provider shall furnish the City a certificate of insurance showing proof of the required insurance. The Provider shall furnish and maintain such insurance as shall protect Provider and the City for work covered by the Agreement including workers' compensation claims and property damages, bodily and 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. The minimum amounts of insurance shall be as follows: General Liability (or in combination with an umbrella policy) $2, 000,000 Each Occurrence $2, 000,000 Products/Completed Operations Aggregate $2, 000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability City must be endorsed as an Additional Insured Auto Liability Page 4 of 8 $2,000,000 Combined Single Limit —Bodily Injury & Property Damage Including owned, hired and non -owned automobiles Workers Compensation Statutory Limits $500,000 Each Accident $500,000 Policy Limit $500,000 Each Disease The Provider’s Insurance must be " Primary and Non -Contributory". The Provider must provide evidence of insurability in the amounts as provided above. (A Certificate of Insurance). 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 which shall be filed with the City. A copy of the endorsement will be submitted with the certificate of insurance. Provider’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days' advance written notice to the city, or ten (10) days' notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Provider’s policy limits on a follow -form basis to satisfy the full policy limits required by this agreement. Section 10. Indemnification. To the fullest extent permitted by law, Provider agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Provider's negligence or the Provider’s performance or failure to perform its obligations under this agreement. Provider's indemnification obligation shall apply to Provider's subcontractor(s), or anyone directly or indirectly employed or hired by Provider, or anyone for whose acts Provider may be liable. Provider agrees this indemnity obligation shall survive the completion or termination of this agreement. Section 11. Independent Contractor. City and Provider agree that Provider, while engaged in carrying out and complying with the terms and conditions 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, withholding 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. Page 5 of 8 Section 12. 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 9237 183rd Street West Lakeville, MN 55044 Attn: Deputy Chief PROVIDER: Dakota Pet Hospital 20135 Icenic Trail Lakeville, MN 55044 Attn: Dr. Anne Krake Section 13. 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 Clerk on behalf of the City. Section 14. 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 Clerk on behalf of the City. Section 15. Subcontractors. Provider shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Provider shall comply with Minnesota Statute § 471.425. Provider must pay subcontractor for all undisputed services provided by Subcontractor within ten days of Provider’s receipt of payment from City. Provider must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. Section 16. 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 17. 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 Page 6 of 8 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 18. Governing Law. Minnesota Statutes, Minnesota Rules, and City Ordinances are incorporated herein. Anything in this Agreement that conflicts with the statutes, rules, and ordinances is superseded. Section 19. Sales Tax. The Provider will collect and/ or charge sales tax where appropriate. Section 20. Discrimination on Account of Race, Creed, or Color Prohibited. Provider agrees to comply with Minnesota Statute 181. 59. Section 21. 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 and the fees established under Exhibit A. Section 22. Administrative Release of Impounded Animals. The City shall: 1) Provide receipts necessary to release impounded animals; and (2) Provide assistance if animal owners have questions or concerns regarding fees charged. The Provider shall: (1) Fill out all forms requested by the City; (2) Collect fees due to the City; (3) Contact a Community Service Officer if the officer indicates a desire to talk with the owner upon release of an animal; and (4) comply with all requirements regarding the release of animals to licensed institutions. Section 23. Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Section 24. 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; Page 7 of 8 d) The name and address of the person from whom any animal three months of age or over was received; e) The name 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 25. City will take possession of animal carcasses that are euthanized and will comply with the disposition of animal carcasses as required under Minnesota Statute 35. 82, subdivision 2(a). IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day and year first above written. CITY: CITY OF LAKEVILLE PROVIDER: DAKOTA PET HOSPTIAL By:__________________________________ Douglas P. Anderson, Mayor And _____________________________________ Charlene Friedges, City Clerk By:__________________________________ Dr. Anne Krake Page 8 of 8 EXHIBIT A PROVIDER’S FEES FOR SERVICE Boarding: Per dog or cat $28.00/Day Release Fee: Per dog or cat $6.00 Euthanasia: Per dog or cat $25.00 Veterinary Service Fees: - IV Catheter and Fluids $25.00 - IV Treatment for Shock/Catheter $25.00 - Rabies $25.00 - Per Overnight Treatment $20.00 - Exam Fee $25.00 - Suture/Minor Lacerations $50.00 - $75.00 - Splint/Minor Lacerations $50.00 - $75.00 - Radiographs (small or large) $30.00 - Other Services Billed at $25.00 per hour - Flea Treatment Nexgard $20.00 Frontline $15.00 (dog) Revolution $20.00 (cat) - Anti Diarrhea Medication $3.00/Treatment - Feluek Test $20.00 - Fecal $10.00 - Medications Cost plus 10% - Injections plus cost of injection medication $10.00 Credit Card User Fee: The lesser of the actual cost per charge or 3% of the charge The above prices are applicable only to the terms and conditions of this agreement.