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