9.c) Animal Control Services . , r . .
Meeting Date: 2/17/2009
Agenda Item: � �
City Council Agenda Report
City of Scandia
14727 209`h St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Approve contracts for animal control and impounding services with
1) Sherrill Reid Animal Control Services, and
2) Hillcrest Animal Hospital.
Deadline/ Timeline: Current contract with the Animal Humane Society(AHS) ended
1/1/2009. They have agreed to continue impounding dogs until new
services are in place.
Background: • At the January 20 meeting, the Council directed staff to develop
agreements with Sherrill Reid Animal Control and with Hillcrest
Animal Hospital, for animal control and for impounding services for
stray dogs, respectively.
• Both agreements have been drafted to be consistent with the city
ordinance governing dogs (Ordinance No. 75) and with the proposals
previously made by the two contractors.
• The ageements have been reviewed by the City Attorney.
Recommendation: I recommend that the Council approve both agreements and authorize the
Mayor and Administrator to sign them on behalf of the City.
Attachments/ • Animal Control Agreement with Sherrill Reid Animal Control
Materials provided: . Animal Impound Services Agreement with Hillcrest Animal Hospital
Contact(s): Sherrill Reid (651 433-3033)
Prepared by: Anne Hurlburt, Administrator
(animal control)
Page 1 of 1
02/09/09
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ANIMAL CONTROL AGREEn1ENT
SHERRILL REID ANIMAL CONTROL
AND CITY OF SCANDIA, M�NNESOTA
This agreement, effective on the 17`h day of February, 2009, by and between Sllerrill Reid
Animal Control, hereinafter referred to as "SRAC" 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 inutually agreed by
and between the parties hereto as follows:
1. Services. SRAC shall act as an Animal Control Authority as defined in Scandia
Ordinance No. 75 Providing for ldentification, Regulation, Confinement and Disposition
of Dogs. As such SRAC shall at all times act within the authority of the ordinance, as it
may be amended from time to time, and as directed by the City of Scandia and law
enforcement authorities. SRAC is specifically authorized as follows:
a. SRAC shall respond on a call-out/as needed basis to capture unidentified dogs, stray
dogs and dogs found at large and transport them for impoundment in a shelter
designated by the City.
b. Call-outs shall be authorized by law enforcement authorities or by an employee of the
City of Scandia. In the event SRAC is notified of unidentified dogs, stray dogs and
dogs found at large by another party, SRAC shall notify law enforcement authorities
or an employee of the City of Scandia before responding.
c. SRAC inay, in her discretion, return a captured dog directly to its owner, if known.
d. Upon iinpoundinent of a dog, SR.AC shall make a reasonable effort to notify the
owner, if known, and inform the owner of the conditions on which the owner may
regain custody of the dog.
e. SRAC will not take action on private property contrary to the expressed wishes of the
owner of said property, nor forcibly take an animal from any person without the
instruction, approval and assistance of a duly licensed Minnesota Peace Officer with
current jurisdiction that includes the private property where the animal is located.
f. SRAC may use a firearm in the course of her duties in accord with all State
regulations, including the possession of a valid permit and a Firearm Safety
Certificate, copies of which shall be provided to the City.
g. SRAC shall not destroy any animal except sick, severely injured or apparently
dangerous or vicious dogs that cannot safely be transported to the designated shelter.
2. Fees. City shall pay to SRAC a fee of$90.00 per call-out resulting in the transport of any
dog(s) to the impound facility. The City agrees to pay to SRAC its fees due under this
agreement within 30 days of receipt of an itemized invoice therefore.
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3. Records/ Data I'►-actices.
a. SRAC shall maintain a record of all aniinals impounded, and shall promptly respond
to inquiries from the City for infonnation or docu�nentation related to its performance
of this agreement.
b. SRAC shall comply with the Minnesota Data Practices Act and all other State and
Federal laws relating to data privacy or confidentiality, and sliall hold the City and its
employees harmless from any claims resulting from an improper disclosure or use of
data it receives or inaintains in perfonnance of this Agreeinent. SRAC shall
immediately report to the City any requests from third parties for infonnation relating
to its performance of this agreeinent.
4. Indemnity. SRAC shall be liable for and shall defend, indemnify and hold the City, its
officers, einployees 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. SRAC shall purchase and maintain, at her own expense, a general liability
insurance policy with limits of at least$100,000.00 per occurrence and $300,000.00
annual aggegate. SRAC shall provide the City with proof of insurance upon request of
the City. In the event that SRAC employs the services of any person other than Sherrill
Reid, SR.AC shall carry, and upon request of the City provide proof of Workers
Compensation Insurance coverage.required by Minnesota Law.
6. Independent Contractor. Nothing contained in this Ageement is intended or should be
construed as creating the relationship of employer and employee between SRAC and the
City. No tenure or any rights or benefits, including workers compensation,
uneinployment insurance, medical care, sick leave, vacation leave, severance pay, PERA,
or other benefits available to City employees shall accrue to SRAC or employees of
SRAC performing services under this Agreement.
7. 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 SRAC: Sherrill Reid
PO Box 252
Marine on St. Croix, Minnesota 55047
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8. Term. This agreement will continue in effect until December 31, 2009, and will
automatically extend for additional one (]) year tei7ns, unless either party gives written
notice of intent �lot to extend to tl�e otl�er party, said notice to be given at least sixty(60)
days prior to tl�e expiration of the then current tenn.
9. Cancellation. The agreement may be cancelled with or without cause by either party
upon sixty(60) days written notice.
10. 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.
11. Severability. Every section, provision or�art of this agreeinent is declared severable
from every other section, provision or part thereof to the extent that if any section,
provision or part of this agreeinent 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) Sherrill Reid Animal Control (SRAC)
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By. g � C��-�f
y _ /�.�L r.�
Mayor '�-- ''Sherrill J-:''Reid
Date: Date: � '/' � � �C���
,di;
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By:
City Clerk
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ANIMAL IMPOUND S�RVICES AGREEMENT
HILLCREST ANIMAL HOSPITAL
AND CITY OF SCANDIA, MINNESOTA
This agreement, effective on the l 7ih day of February, 2009, by and between Hillcrest Animal
Hospital, hereinafter refened 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
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immediately report to the City any requests from third parties for infonnation relating
to its perfonnance of this agreeinent.
4. Indemnity. HAH shall be liable for and shall defend, indeinnify and hold the City, its
officers, einployees or agents harmless from any and all claiins, 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 agees 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, 2009, 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.
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10. Cancellation. The agreement may be cancelled witl� or without cause by either party
upon sixty(60) days written notice.
1 l. �ntire Agreement. It is understood and agreed tliat this is the entire agreement between
the parties and that t11is 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
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ANIMAL IMPOUND SERVICES AGREEMENT
EXHIBIT A
Charges due from City of Scandia, Unclaimed Animal:
$16.00 Daily boarding fee, up to 5 days
$100.00 Maximum, statutory veterinary services
$20.00 Euthanasia
$50.00 Cremation
$40.00 Disposal of animal not euthanized
$5.00 Administration fee
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
$19.00 Daily boarding fee
Actual Cost Veterinary services
$5.00 Administration fee
$75.00 City of Scandia lmpound Fee (per City ordinance)
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