9.d animal impoundr N
SCA DIA
Staff Report
Date of Meeting:
To: City Council
From: Neil Soltis, Administrator
Re: Animal Impound Contract with Hillcrest Animal Hospital
Background: Hillcrest Animal Hospital has proposed revisions to their contract for animal impound
services. The contract was reviewed by the City Attorney and modifications made to the contract.
In the review process it was noted that the length of time a dog would be impounded in the
agreement was different than the impound term contained in the City ordinance. Ordinance #166
was approved by the Council in January, 2016 to bring the language regarding the length of time the
dog would be impounded into alignment with the agreement.
Issue: Should the City approve the agreement with Hillcrest Animal Hospital?
Details / Discussion: The city's need for animal impound services has been minimal. In 2014
and 2015 the City paid Hillcrest $140 and $321 respectively for the impound of animals.
Options:
1. Renew the agreement with Hillcrest Animal Hospital
2. Seek quotes on other providers
Recommendation: Approve the agreement with Hillcrest.
ANIMAL IMPOUND SERVICES AGREEMENT
HILLCREST ANIMAL HOSPITAL
AND CITY OF SCANDIA, MINNESOTA
This agreement, effective on the 15ffi day of March, 2016, 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:
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 small domestic animal brought to it during
business hours 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 an animal is diseased, vicious, rabid or exposed to rabies and the animal cannot be
impounded without serious risk to the persons attempting to impound the animal, it
may be immediately humanely euthanized.
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 animal is unclaimed after the expiration of any applicable
redemption or quarantine period, or five (5) business 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.
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
thereof.
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
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 $1,000,000.00 per occurrence and $2,000,000.00
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 1990 (ADA), the Human Rights Act (Minnesota
Chapter 363A 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 209th Street North,
Scandia, MN 55073
To HAH: Hillcrest Animal Hospital
1320 East County Road D. Cir.
Maplewood, Minnesota 55109
9. Term. This agreement will continue in effect until December 31, 2016, 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:
By: Date:
City Clerk
3
ANIMAL IMPOUND SERVICES AGREEMENT
EXHIBIT A
Charges due from City of Scandia, Unclaimed Animal:
$19.00
Daily boarding fee, up to 5 days
$150.00
Maximum, statutory veterinary services
$30.00
Euthanasia
$55.00
Cremation
$50.00
Disposal of animal not euthanized
$20.00
Administration fee if we sell city licenses
$12.00
Administration fee if we do 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
$22.00 Daily boarding fee
Actual Cost Veterinary services
$12.00/$20.00 Administration fee if we do not/do sell city licenses
$100.00 City of Scandia Impound Fee (per City ordinance)
2