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HomeMy WebLinkAbout#13 - Animal Impound Contract -- page 1 -- STAFF REPORT DATE: December 15, 2020 CONSENT AGENDA ITEM: Approve Animal Impound Services Agreement with Otter Lake Animal Care Center SUBMITTED BY: Julie Johnson, City Clerk FISCAL IMPACT: No cost to the City for animals that are claimed by the owner; unclaimed animals subject to daily boarding fees of $19 ($95 max) and other potential fees for veterinary services as outlined on Exhibit A of the contract. SUMMARY AND ACTION REQUESTED: The City has previously contracted with Animal Humane Society in Woodbury for a few years for the impoundment of stray animals picked up by our animal control officer, Brittany Harmon. Ms. Harmon has been working with OLACC since 2013 in her capacity as animal control officer for several other cities and recommends the City contract with them for impound services (see attached email from Ms. Harmon). Staff recommends contracting with Otter Lake Animal Care Center (OLACC) going forward due to the cost savings and the welfare of impounded animals. RECOMMENDATION: If item is pulled from consent agenda, the recommendation should read. “Approve Animal Impound Services Agreement with Otter Lake Animal Care Center.” ATTACHMENTS: Email from Brittany Harmon, Animal Impound Agreement From:Companion Animal Control To:Julie Johnson Subject:Animal Impound Contract Change Date:Monday, October 26, 2020 4:20:47 PM Attachments:Otter Lake Impound Agreement.docx Caution: This email originated outside our organization; please use caution. Good Evening, As we near year end I am formally requesting the City of Lake Elmo to change animal impound contract services by not renewing the impound contract with Animal Humane Society, instead to begin contracting with Otter Lake Animal Care Center (OLACC) in Lino Lakes effective January 1st 2021. Since 2013, I've partnered with OLACC as an impound for multiple municipalities. The events of 2020 have changed the animal welfare field by creating significant growth of foster based rescues and a shift toward preventing animals from unnecessarily entering shelter facilities. OLACC serves solely as an animal impound with the capability to provide veterinary care if necessary. Animals impounded at OLACC are held at the facility for only the 5 day stray hold period, OLACC does not adopt animals to the public. Rather, I work with local rescues to transfer animals into foster homes as soon as the 5 day hold is complete. Moving animals into a foster home environment prevents stress, behavioral deterioration and unnecessary euthanasia of animals. In addition, impounding at OLACC will result in significantly lower cost to municipalities. for a unclaimed animal OLACC charges the municipality $145, AHS charges municipalities $196 per animal for a reclaimed by owner animal OLACC charges the municipality $0, AHS charges a $22 administrative fee per animal boarding of animals held for a 10 day bite quarantine at OLACC is $190, AHS charges $392 owners reclaiming their animals are charged a $90 fee plus boarding, this reduces the reoccurrence of at large animals by holding owners accountable owner information is provided to municipalities in monthly invoicing from OLACC, making it easier for the municipality to additionally invoice owners for animal control services note that if it takes longer than 5 days to find rescue placement for an animal, the municipality is still only charged for 5 days of boarding Moving forward, please review the attached impound contract to add to your council agenda for November. If my attendance at your next council meeting is requested in order to answer additional questions please let me know as soon as possible. After approval, please email signed contracts to myself and clinic manager Mollie Fisk. For reference, a complete list of municipalities contracting with OLACC for impounding and the clinic manager contact info is below. Otter Lake Animal Care Center 6848 Otter Lake Road, Hugo MN 55038 (Lino Lakes location, Hugo mailing) Clinic Manager Mollie Fisk mollfisk@hotmail.com 651-426-8871 Forest Lake Hugo Mahtomedi Town of May Marine on St. Croix Birchwood West Lakeland Township Afton Scandia Centerville Circle Pines Lexington Lino Lakes North St. Paul Mounds View Stillwater Township Thank you, Brit Harmon, MPA, NCACO, WCHO Companion Animal Control, Owner-Operator (715) 220-1332 ANIMAL IMPOUND SERVICES AGREEMENT This agreement, effective on the ___ day of _______, 20__ by and between Hugo Animal Hospital, Inc., a Minnesota corporation, dba Otter Lake Animal Care Center, hereinafter referred to as “OLACC” and the City of _______________, a Minnesota municipal corporation located in the County of Washington, State of Minnesota, hereinafter referred to as “City”. In consideration of the covenants and agreements, hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. Services. OLACC shall serve as the impound facility for the City beginning on the date of the signing of this agreement, providing services as follows: a. OLACC shall receive and care for any small domestic animal brought to it during business hours by an authorized City representative, or by ruling of the Minnesota Board of Health or other Minnesota or United States Agency with jurisdiction. b. If an animal is diseased, vicious, rabid or exposed to rabies and the animal cannot be impounded without serious risk to the persons attempting to impound the animal, it may be immediately humanely euthanized. c. Impounded animals shall be kept in a suitable, humane manner for a period required by the City Ordinance. d. In the event that any animal is unclaimed after the expiration of any applicable redemption of quarantine period, of five (5) business days, whichever is longer, it shall become the property of OLACC 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 OLACC. 2. Fees. a. If an animal is unclaimed, the City shall pay to OLACC the charges as agreed to on “Exhibit A” to this agreement within 30 days of receipt of an itemized invoice thereof. b. Before an animal is released to its owner, OLACC or its agent shall collect the charges specified on “Exhibit A” to this Agreement. 3. Records/Data Practices. a. OLACC shall maintain a record of all animals impounded, and shall promptly respond to inquiries from the City for information or documentation related to its performance of this agreement. b. OLACC 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 an improper disclosure or use of data it receives or maintains in performance of this Agreement. OLACC shall immediately report to the City any requests from third parties for information relating to its performance of this agreement. 4. Indemnity. OLACC shall be liable for and shall defend, indemnify and hold the City, its officers, employees or agents harmless 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 or resulting from its activities under this Agreement. 5. Insurance. OLACC shall purchase and maintain, at its own expense, a general liability insurance policy with limits of at least $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate. OLACC shall provide the City with proof of insurance upon request of the City. OLACC shall carry and upon request of the City provide proof of Workers Compensation Insurance coverage required by Minnesota Law. 6. Discrimination. OLACC agrees to abide by the requirements and regulations of the Americans with Disabilities Act of 1980 (ADA), the Human Rights Act (Minnesota Chapter 363A and Title VII of the Civil Rights Act of 1964), and any laws governing discrimination based on race, gender, disability, religion, sexual preference, and sexual harassment. Violation of any of the above laws may lead to termination of this contract. 7. Independent Contractor. Nothing contained in this Agreement is intended or should be construed as creating the relationship of employer and employee between OLACC and the City. No tenure or any rights or benefits, including workers compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to City employees shall accrue to OLACC or employees of OLACC performing services under this Agreement. 8. Notices. Any notice or demand which must be given or made by a party hereto under the terms of this agreement shall be in writing and shall be provided to the parties by U.S. Mail at the addresses listed below: To City: City Administrator To OLACC: Otter Lake Animal Care Center 6848 Otter Lake Road Hugo, MN 55038 9. Term. This agreement will continue in effect until March 1, 2019, and will automatically extend for additional one (1) year terms, unless either party gives written notice of intent not to extend to the other party, said notice to be given at least sixty (60) days prior to the expiration of the then current term. 10. Cancellation. The agreement may be cancelled with or without cause by either party upon sixty (60) days written notice. 11. Entire Agreement. It is understood and agreed that this is the entire agreement between the parties and that this agreement supersedes all previous written and oral agreements between the parties relating to the subject matter. 12. Severability. Every section, provision or part of this agreement is declared severable from the other section, provision or part thereof to the extent that if any section, provision or part of this agreement shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision or part thereof. City of ____________ Hugo Animal Hospital, Inc. dba Otter Lake Animal Care Center By:_____________________________ By:___________________________ ___________,City Administrator ATTEST: Its:___________________________ By:_____________________________ Date:_________________________ _________, City Clerk Date:___________________________ ANIMAL IMPOUND SERVICES AGREEMENT EXHIBIT A Charges due from City of ______________, Unclaimed Animal: $19.00 Daily boarding fee, up to 5 days $150.00 Maximum, statutory veterinary services $30.00 Euthanasia $55.00 Cremation $50.00 Disposal of animal not euthanized Charges due from Owner, Claimed Animal: $22.00 Daily boarding fee Actual Cost Veterinary services Actual Cost City of ________________ Impound Fee (per City ordinance) $90.00 Impound Fee