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5.k) Approve Hillcrest Animal Hospital New Rates t �) \ �f���.�� �, .� �. SCANDIA Staff Renort Date of Meeting: December 18, 2012 To: City Council From: Kristina Handt,City Administrator Re: Approve new Fees from Hillcrest Animal Shelter Agenda Item#: S.k) 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. The Council reviewed the changes at their December work session and recommended they be placed on the consent agenda. 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. T'his 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 only if a dog is not claimed by the owner. Options: 1) Approve contract 2) Amend and then approve contract 3) Take no action at this meeting Recommendation: Option 1. i ANIMAL IMPOUND SERVICES AGREEMENT HILLCREST ANIMAL HOSPITAL AND CITY OF SCANDIA, MINNESOTA This agreement, effective on the 1 St day of January , 2013,by and between 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 data it receives or maintains in performance of this Agreement. HAH shall 1 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 shall 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 aggregate. 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`h 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 31,2013, 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. 2 � 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 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: gy; Date: City Clerk 3 ANIMAL IMPOUND SERVICES AGREEMENT EXHIBIT A Charges due from City of Scandia, Unclaimed Animal: $17.50 Daily boarding fee,up to 5 days $100.00 Maximum, statutory veterinary services $25.00 Euthanasia $55.00 Cremation $45.00 Disposal of animal not euthanized $15.00 Administration fee if HAH sells city licenses $8.00 Administration fee if HAH does not sell city 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 $20.00 Daily boarding fee Actual Cost Veterinary services $8.00 Administration fee $100.00 City of Scandia lmpound Fee(per City ordinance) 4