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5.d) Review New Rates from Hillcrest Animal Hospital () ` \ ,��' \�� K'� ✓ SCANDIA StaffRenort Date of Meeting: December 11, 2012 To: City Council From: Kristina Handt, City Administrator Re: Review updated Fees from Hillcrest Animal Hospital Agenda Item#: S.d) Background: In 2009, the Council approved a contract with Hillcrest Animal Hospital (HAH) for impound facility services. Earlier this month we received notice from HAH that fees will be increasing effective January 1, 2013. A copy of the letter from HAH is included in your packet. Issue: Should the city continue to use HAH impound facility services? Proposal Details: An updated draft of the contract is included in your packet. The only changes are the dates and the fee schedule in Exhibit A. Fees are proposed to increase for claimed and unclaimed animals. This is the first increase since 2009. Fiscal Impact: City ordinance No. 120 requires a$100 impound be paid to the city along with reimbursement for any costs incurred from an animal shelter in order for an owner to get their dog back. So the City would incur nonreimbursable charges if a dog is not claimed by the owner. Options: 1) Make no changes to proposed contract and direct staff to place it on the consent agenda for 12/18/12 meeting. 2) Amend the contract and direct staff to place it on the consent agenda for the 12/18/12 meeting. 3) Place contract on general business agenda for 12/18/12 meeting. Recommendation: Option 1. `� Hillcrest Animal Hospital 1320 East County Road D Circle Maplewood,MN 55109 651-484-'7211 REC E IVE D November 29, 2012 D EC -3 2 p�2 Anne Hurlburt CITY OF SCANDIA City Administrator Ciiy of Scandia 14727 209�' Street N Scandia,MN 55073 Dear Ms. Hurlburt: Thank you for utilizing our services as an impound facility. We take pride in the fact that the animals impounded are very well cared for, and every effort is made to place unclaimed animals with rescue groups so they can find new homes. As a result, our euthanasia rate(including feral cats, severely injured/sick animals, and aggressive dogs) has stayed at just 10%. We serve approximately 35 cities. After reviewing our records, we realized that we have not updated prices for many of our client cities,resulting in varying boazding and other service fees. As a result, we aze attaching a schedule of fees to be started January 1, 2013. Most of our prices had to increase a bit, due to increasing utility and labor expenses. Some cities which have gone without price increases for several years may be a bit surprised at the change—because the prices were artificially low due to our past inattention to the matter. Also,we are changing our office hours. We will be open from 8 am to 6 pm week days, and 8 am to noon on Saturdays. This change is effective immediately and will continue at least through the winter months. You will be notified if the hours change back in the spring. Please feel free to contact my kennel manager, Pamela Freeman,or me if you have any questions or concerns. Sincerely, ___ /��7���--„S�-��'� �-v,�-� �� �� � Jennifer Bouthilet DVM Owner, Hillcrest Animal Hospital Enclosure ANIMAL IMPOUND SERVICES AGREEMENT HILLCREST ANIMAL HOSPITAL AND CITY OF SCANDIA,MINNESOTA � This agreement,effective on the�"'- l�day of�e�y_Januarv,�9A9 2013,by and between ,- wrmac�ed:suversc�pc Hillcrest Animal Hospital,hereinafter referred to as"HAH"and the City of Scandia,a 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. HAH shall serve as the impound facility for the City beginning on the date of the signing of this agreement,providing services as follows: a. HAH shall receive and care for any dog brought to it 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 a dog is diseased,vicious,dangerous,rabid or exposed to rabies and the dog cannot be impounded without serious risk to the persons attempting to impound the dog,it may be immediately killed. 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 dog is unclaimed after the expiration of any applicable redemption or quarantine period,or five(5)days,whichever is longer,it shall become the property of HAH 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 HAH, including any proceeds received from the disposal of any dogs in accordance with Minnesota Statutes 35.71 2. Fees. a. If an animal is unclaimed,the City shall pay to HAH the charges as agreed to on "Exhibit A"to this Agreement within 30 days of receipt of an itemized invoice therefore. b. Before an animal is released to its owner,HAH or its agent shall collect the charges specified on"Exhibit A"to this Agreement. 3. Records/Data Practices. a. HAH 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. HAH 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 1 data it receives or maintains in performance of this Ageement. HAH shall immediately report to the City any requests from third parties for information relating to its performance of this agreement. 4. Indemnity.HAH 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. HAH shal]purchase and maintain,at its own expense,a general liability insurance policy with limits of at least$100,000.00 per occurrence and$300,000.00 annual aggegate.HAH shall provide the City with proof of insurance upon request of the City. HAH shall carry and upon request of the City provide proof of Workers Compensation Insurance coverage required by Minnesota Law. 6. Discrimination. HAH agrees to abide by the requirements and regulations of the Americans with Disabilities Act of 1980(ADA),the Human Rights Act(Minnesota Chapter 363 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 HAH 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 HAH or employees of HAH 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 City of Scandia 14727 209"'St.N. Scandia,Minnesota 55073 To HAH: Hillcrest Animal Hospital 1320 County Road D Circle East Maplewood,Minnesota 55109 � 9. Term. This agreement will continue in effect until December 31,�8A42013,and will automatically extend for additional one(1)yeaz 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) 2 days prior to the expiration of the then cun-ent term. 10. Cancellation. The agreement may be cancelled with or without cause by either party upon sixty(60)days written notice. l 1. 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 every 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 Scandia,Minnesota(City) Hillcrest Animal Hospital (HAH) By: By: Mayor Date: Its: By: _ Date: City Clerk 3 ANIMAL IMPOUND SERVICES AGREEMENT EXHIBIT A Charges due from City of Scandia,Unclaimed Animal: I $�H:9917.50 Daily boarding fee,up to 5 days $100.00 Maximum,statutory veterinary services $�&AA25.00 Euthanasia $�9:8955.00 Cremation $49�A45.00 Disposal of animal not euthanized G`G 11/� A.J.......�4....4;.... 100 �Vtf 15.00 Administration fee if HAH sells citv licenses 8.00 Administration fee if HAH dces not sell citv licenses Charges due from the City of Scandia shall be reduced by any City of Scandia impound fees collected from owners of claimed animals. Charges due from Owner,Claimed Animal I $-�9-9A20.00 Daily boarding fee Actual Cost Veterinary services I $3-AA8.00 Administration fee $�A9100.00 City of Scandia lmpound Fee(per City ordinance) 4