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3. Discussion on animal control servicesSCANDIA Staff Report Date of Meeting: April 1, 2020 To: City Council From: Brenda Eklund, Deputy Clerk Re: Proposed contract for animal control services Background: In early 2018, longtime animal control officer Sherrill Reid gave notice of her retirement. Staff researched alternate agreements for this service with animal shelters and providers. In February 2018, a proposal from Britney Harmon (Companion Animal Control) was discussed with the City Council which included a $300/month retainer. No action was taken and Scandia has been without an animal control service since then. Staff was directed to research animal control services once again based on requests from the Sheriff's department and citizen concerns about dogs running at large. Britney Harmon provided the attached proposal, this time with a $150/month retainer. From 2012 to 2017, there was an average of 13 dogs picked up and transported to Hillcrest Animal Shelter each year by Animal Control Officer Sherrill Reid. Please refer to page 3 of Ms. Harmon's contract for the fee schedule which would be charged to Scandia for her responses to animal control calls. Proposal Details: In addition to an agreement with Ms. Harmon, the City would need to enter into an agreement with an animal impound facility. Ms. Harmon recommends Otter Lake Animal Care Center in Hugo, a facility used by surrounding communities and within a reasonable vicinity to Scandia. Impound fees for claimed dogs would be paid by the owner. Issue: Should the City enter into an agreement for animal control services with Companion Animal Control? If so, an impound facility agreement with Otter Lake Animal Care Center will be investigated and both contracts further discussed at a future Council meeting. Correspondence received January 10, 2020 upon request for animal control services Thanks for your email, yes I'd be pleased to again propose an animal control services contract with the City of Scandia. Attached is a letter of intent responding to the request for proposal, it provides an overview of Companion Animal Control followed by the proposed contract. The contract language is very similar to the contract with Marine on St. Croix, the 2020 version has additional insurance details. As for the fee similarities, in 2018 your city was quoted a monthly retainer of $300, this was based off population (more people=more animals) and budget similarities when compared to an existing contract with Newport. However, looking at your 2019 budget it appears to have decreased significantly, taking that into account while the population still remains the same or increased, I've lowered the monthly retainer to $150. As for the impound for holding animals, that is a separate contract. The two options in this area are Northwoods Humane Society in Wyoming and Otter Lake Animal Care Center in Hugo. I've connected with the Director at Northwoods Humane and she is open to having the conversation about their facility serving officially as the impound, but it would require further discussion, insurance changes on their end and the development of a contract. Otter Lake Animal Care Center in Hugo was part of the proposal back in 2018 for animal control so it's likely they would be willing to serve as the impound but I just added West Lakeland and Afton to their list of impound contracts so I'd need to confirm this with the clinic owner. Logistically, OLACC makes the most sense for impounding as its closer to Scandia so it would cut down on mileage cost and anytime, we can keep animals within the same county it makes finding owners easier. Currently OLACC serves as the impound for 8 of CAC's contract cities including Forest Lake, Hugo and Marine. For reference I reached out to the records dept at Wash. Co. Sheriff to gauge the animal control need in Scandia, between April 2018 (when dispatch changed software systems) and December 2019, Scandia had 123 animal complaint related calls. Since Sherill's retirement in early 2018 I've personally been contacted by several residents in Scandia desperately looking for animal control assistance and deputies that have found dogs late at night but with no animal control they have had no choice but to release the dogs to be back at large, so I'm pleased that your new city administrator sees the need for animal control both for the safety of the community and the animals. I look forward to your feedback and would be happy to set up a meeting and/or attend the City Council meeting on the 21st to discuss further. Brit Harmon, MPA, NCACO Owner of Companion Animal Control LLC. Providing Humane Animal Control in Eastern MN& Western WI 715-220-1332 COMPANION ANIMAL CONTROL PO Box 3 Bayport, MN 55003 (715) 220-1332 companionanimalcontrol@gmail.com Companion Animal Control welcomes the opportunity to submit a proposal to provide animal control services to your municipality. Founded in 2011, Companion Animal Control (CAC) currently contracts with 24 municipalities (list below) within Washington Co. MN, St. Croix Co. and Pierce Co. WI. To date, CAC has handled over 4,000 animal control related calls, impounded over 2,500 animals has extensive experience working closely with law enforcement involving hundreds of dangerous dog cases, cruelty/neglect complaints, and animal seizures. As the owner/operator of CAC Brit Harmon is a Nationally Certified Animal Control Officer, Wisconsin Certified Humane Officer, holds a Master of Public Administration with certification in public safety, fire and EMS administration from Hamline and a Bachelor of Science in Animal Management and Biology from UWRF. CAC does not operate an impound facility, rather we partner with local veterinary clinics and shelters so that municipalities can contract for impoundment, ensuring animals are housed for the appropriate holding time. We work closely with the impound facility, serving as point of contact to expedite the reclaim of animals by owners, ensure owner fees are collected and we facilitate the transfer of animals to rescues/shelters for adoption as needed. For your consideration, the following is a list of references and current municipalities under contract: • Darin Ostertag, Deputy Sheriff in Washington County 651-334-6802 • Julie Johnson, City of Lake Elmo Clerk iiohnson@lakeelmo.org 651-747-3914 • Ashley Kurtz, CEO Coco's Heart Dog Rescue, ashley@cocosheartdogrescue.org 651-303-0588 • Ashlee Glen, Forest Lake Police Officer 427@flpd.com 651-724-2090 Afton, MN Baytown Township MN Birchwood Village, MN City of Hudson, Wl Denmark Township, MN Forest Lake, MN Hugo, MN Lake Elmo, MN Lake St. Croix Beach, MN Lakeland, MN Mahtomedi, MN Marine on St. Croix, MN New Richmond, WI Newport, MN Prescott, WI St, Mary's Point, MN Town of Kinnickinnic, WI Town of May, MN Town of Oak Grove, WI Town of Somerset, WI Town of St. Joseph, WI Town of Troy, WI Town of Warren, WI West Lakeland Township, MN The knowledge, expertise and professionalism of CAC is an asset to the communities we serve, thank you for the opportunity to submit the attached contract proposal. Sincerely, Brit Harmon, MPA, NCACO, WCHO 715-220-1332 companionanimalcontrol@gmail.com Animal Control Services Agreement THIS AGREEMENT, made the of day of 20_, to be effective on the _day of 20_ by: Companion Animal Control LLC., PO Box 3, Bayport, MN 55003, hereinafter referred to as "Contractor" or "ACO". And City of Scandia, MN at 14727 209th Street North Scandia, MN55073 hereinafter referred to as "Municipality". Whereas, the Municipality is desirous of utilizing an independent contractor to perform animal control services as provided herein. If non-existent, an "Impound Agreement" will be drafted between the Municipality and hereinafter referred to as "Impound Facility". WITNESSETH, that the Contractor and the Municipality, for the consideration stated herein, mutually agree as follows: 1. STATEMENT OF WORK: Contractor shall furnish all labor, equipment, and services performed for the duty as Contractor for the Municipality, as set forth below in an efficient and workmanlike manner in accordance with this Agreement. Contractor and Municipality shall comply with all federal, state and local laws and ordinances in performing the duties herein. 2. CONTRACTOR DUTIES: a. Within the jurisdiction, contractor shall upon request of the members of the public, law enforcement and municipality officials complete all reasonable steps to address violation(s) of any Municipality Ordinance or State Statutes pertaining to animals. b. The Contractor will be required to collect and transport contained dogs and cats only. When requested to respond to other animal species; Contractor will determine call response necessity on a case by case basis to ensure public safety and cooperation with law enforcement. Subsequent fees for services will apply. c. Contractor shall provide all equipment necessary to complete animal control services as outlined within this contract. d. Contractor will respond to complaints of barking/nuisance animals working in conjunction with County Sheriff's Department to address complaints, issue citations and enforce animal related laws. e. Contractor will be available for call response at all times, including nights and holidays, and will primarily respond to urgent/emergency calls during 7:00pm-7:00am as determined on a case by case basis. f. If the rightful owner of an animal is located during a call response and the animal is returned to owner, Contractor will end call response accordingly while the fee for service will remain. Contractor is not responsible for securing owner information from finder. g. All animal impoundments and holds in accordance with State Statues will be completed at the contracted Impound Facility listed above. h. All `stray' animals impounded will be posted to the Impound Facility website, "Companion Animal Control" and/or "Lost Dogs/Cats of MN/WI" Facebook pages in an effort to find the rightful owner. i. Contractor may require proof of ownership and compliance with local, state and/or federal statutes pertaining to animal welfare prior to an animal being reclaimed from Impound Facility. Reclaim/boarding fees incurred are responsibility of the owner. Failure to comply and/or reclaim an animal by completion of holding period results in owner abandonment of animal. j. If an animal found at large is delivered to the Impound Facility by a member of the public, Contractor will confirm the found location of the animal was within Municipality jurisdiction and approve the impoundment so that the Impound Facility may full fill their contract with the Municipality. Contractor will collect relevant information from Impound Facility. k. At the completion of an animal holding period Contractor will work in conjunction with the Impound Facility, local foster based rescues and animal shelters to ensure a humane outcome when possible for all impounded animals. If Impound Facility is unable to secure a live outcome for the animal the Contractor shall assist in placement with a shelter or rescue, subsequent fees apply. 1. Municipality will not be held responsible for costs associated with any animal surrendered by an owner, which was not previously at large. m. The Impound Facility is not an emergency clinic and keeps normal business hours. In the circumstance that the Contractor determines an animal is severely injured so that it would be considered inhumane to impound the animal after clinic hours, the Contractor will relinquish the animal to the Animal Emergency & Referral Center of Minnesota in Oakdale, Minnesota. All expenses resulting from care of said animal will be solely the responsibility of the owner, if located. Recovery of those expenses and return of the animal to said owner will be the responsibility of the Animal Emergency & Referral Center of Minnesota in Oakdale, Minnesota. Contractor is not responsible for any outcome of the animal, including death or humane euthanasia by the Emergency clinic. n. Contractor shall maintain reasonably adequate books and records of its activities hereunder and make those available to the Municipality upon request. o. Contractor shall assist the Municipality in its preparation and interpretation of all animal -related ordinances or procedures to insure humane animal treatment and public safety. p. Contractor will send monthly invoices to Municipality via email from companionanimalcontrol(iD email. com. q. Contractor will include in all monthly invoices a listing of all call responses including: case number, date, time, call location, animal details, mileage, fee details, animal outcome (if hold completed) and relevant case notes. 3. CONTRACTOR FEES FOR SERVICES: The Municipality will pay the Contractor for performance of this Contract as detailed in `Contractor Duties', in current funds for the services set forth herein: r. A monthly availability retainer of one hundred fifty ($150) s. Fee schedule: i. Call response 7:00am-7:00pm: $100.00 ii. Call response 7:00pm-7:00am: $175.00 iii. Round trip mileage in accordance with IRS business rate. iv. Multiple (two or more) animal fee: $65/animal (litters under 3 mo. count as one animal) v. Additional fee for call response on holidays: $40.00 (Easter, Memorial Day, Labor Day, Thanksgiving, Day After Thanksgiving, Christmas Eve, Christmas Day, Independence Day, New Year's Eve and New Year's Day) vi. Time spent for enforcement animal control duties at a rate of $45/hour. This includes but is not limited to participation in court hearings, animal welfare checks, kennel inspections, bite/dangerous dog investigations, seizure of animals, cruelty/neglect case processing, and ordinance enforcement, etc. 4. MUNICIPALITY DUTIES: a. Municipality shall designate within the Impound Facility contract the amount and manner in which fees will be recovered from owners upon reclaim of animals, Contractor is not responsible for owner fee recovery. b. Municipality shall process invoices and requests for payment in accordance with routine monthly payment schedules. t. Municipality shall provide Contractor notice in a timely manner in the event that any animal related topic is added to a Council Meeting Agenda. u. Municipality shall contact Contractor prior to potentially dangerous or dangerous dog designations being adopted. v. Municipality is responsible for providing Contractor listings of animals licensed with the Municipality and the corresponding owner information so that in the event an animal is wearing a license when found at large the Contractor may utilize this information to reunite the animal with the owner. w. Within 60 days of contract agreement, Municipality agrees to participate in a review of all the current municipal ordinances to ensure Contractor can efficiently perform duties and complete steps to update ordinances accordingly. x. Municipality shall post on their website the Companion Animal Control phone number. y. Municipality shall post on their website Impound Facility phone number and address. z. Municipality will provide the following documentation to Contractor, if applicable based on Municipality's current animal ordinances: i. List of existing licenses for animals ii. List of existing kennel permits iii. List of animal ordinance violations within the past year iv. Payment schedule v. Electronic version of Municipal's animal ordinances 5. INSURANCE & INDEMNIFICATION: a. The Contractor shall procure and maintain, at its expense, general liability insurance coverage in the amounts listed below: i. General Aggregate: $2,000,000 ii. Products and Completed Operations $2,000,000 iii. Each Occurrence: $1,000,000 iv. Personal and Advertising Injury: $1,000,000 V. Damage to Premises: $100,000 vi. Medical Expenses (one person) $5,000 vii. Auto Combined Single Limit $1,000,000 b. Contractor shall name Municipality as additional insured under its general liability coverage on a primary and non-contributory basis. Contractor shall provide the Municipality with certificate of insurance and any necessary endorsements showing compliance with insurance requirement. c. Contractor shall defend, indemnify and hold harmless the Municipality, its officers, agents, and employees, from any and all from claims arising, in whole or in part, out of Contractor's performance of this Contract, including, but not limited to claims for damages, losses, or expenses, including attorney's fees, for bodily injury, sickness, disease, or death, or damages to tangible property. This indemnification shall apply to claims or losses arising in whole or in part out of any alleged negligent act or omission of Contractor or any of its agents, employees, or subcontractors in the performance of this Contract. This indemnity shall be effective regardless of whether the claim or loss is caused in some part by a party to be indemnified. d. Contractor and Municipality shall comply with all other state and federal laws relating to data privacy or confidentiality. Both parties will immediately notify the other of any requests from third parties for information. e. Contractor shall not be held liable for any actions or results of actions by any animal; including but not limited to biting, scratching, and destruction of property, injury or death to a person or another animal. £ Municipality may, at its option, but with no obligation to do so, obtain insurance covering Contractor against liability to third parties relative to Contractor's performance of this Contract. 6. LEGAL STATUS: a. The parties agree that the Contractor is in full control of the manner in which the work is pursued and the Contractor shall not receive health insurance, worker's compensation insurance, salary, retirement benefits, PERA benefits, or any other fringe benefits offered to employees of the Municipality and shall, in all respects be deemed an Independent Contractor. 7. TERMINATION: It is further agreed that either party may terminate this Contract at any time with or without cause upon thirty (30) days written notice to the other party. E:0;7N9;7x,11oleo IFN 11130 The Contractor sub -contracts individuals who are properly trained to perform the Contract under Contractor's direction and only when necessary, such as transport of stray animals. Contractor will be solely responsible for reimbursing these sub -contracts. Additionally, all indemnification and legal status' listed in this agreement apply to all sub -contracts. 9. TERM: a. This Contract shall become effective upon its execution by both parties and continue annually, subject to termination upon 30 -day advance written notification of termination by either party. No amendment or modification of this Contract shall be effective unless made in writing and signed by both the Municipality and the Contractor. All provisions of this contract relating to insurance, indemnity and compliance with the State Data Practices act shall survive termination to the full extent needed for the protection of the Municipality and Contractor. b. If requested by either party at any time a contractual review will be completed for the purpose of determining the effectiveness of the animal control program, review costs and to implement improvement measures. [ KK9_]�Y Y 7TiJl 8eU]I W.V,i.y [ei►/:1:3 0 y This Contract shall not be assigned by the Contractor. Any purported assignment or change in membership of Companion Animal Control LLC such that a different person is in control of performing this Contract shall require prior notice to and shall be subject to approval by the Municipality. IN WITNESS THEREOF, the parties have executed this as signed below on the day and year first above written. Contractor Municipality Administrator Attested by: Municipality Clerk