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HomeMy WebLinkAbout2014-06-18 PACKET 04.D. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # � � DATE 06/18/14 � . PREPARED BY: Public Safety Craig Woolery ORIGINATING DEPARTMENT STAFF AUTHOR ***********���**************************�*��**** COUNCIL ACTION REQUEST City Council pass a motion to approve and authorize execution of the agreement between the City of Cottage Grove and the Animal Humane Society, which would become effective January 1, 2014. STAFF RECOMMENDATION City Council pass a motion to approve and authorize execution of the agreement between the City of Cottage Grove and the Animal Humane Society, which would become effecitve January 1, 2014. SUPPORTING DOCUMENTS MEMO/LETTER: Director of Public Safety Craig Woolery dated 06-03-14 ❑ OTHER: Impound Housing Services agreement ADMINISTRATORS COMMENTS , ��r City Administrator Date ***************�******************************** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage Grove City of Cottage Grove (�,her�Pr'dpe^dP�pSperityMee! Public Safety — Police/Fire/EMS Memo To: Honorable Mayor and City Council Members From: Director of Public Safety Craig A. Woolery C�� Date: June 3, 2014 Subject: AGREEMENT WITH ANIMAL HUMANE SOCIETY Discussion: In 2012, a priority during the budget process has been to evaluate the agreement for animal impound for cost savings. Staff has been evaluating the agreement with the Park Grove Pet Hospital and looked at alternatives. After speaking with other cities it was found that a majority have an agreement with the Animal Humane Society (AHS) in Woodbury. Public Safety staff toured the facility, discussed fees, and reviewed the agreement that the AHS has in place with the other cities. The Park Grove Pet hospital was unable to reduce their fees to be competitive with the AHS. After careful consideration, the agreement with the Park Grove Pet Hospital was terminated at the end of 2012. The City of Cottage Grove entered into an agreement with the Animal Humane Society in Woodbury. Beginning in 2013, animal impounds have been brought to AHS in Woodbury. Through the first three quarters of 2013 there have been substantial savings for animal impound costs. 2013 2012 Savings Animal Humane Societ Park Grove % and $ Decrease 1st Quarter 2013 $636.75 1st Quarter 2012 $5,472.56 88°/o $4,835.81 2nd Quarter 2013 $1,475.86 2nd Quarter 2012 $1,709.28 14% $233.42 3rd Quarter 2013 $2,507.09 3rd Quarter 2012 $6,855.12 63% $4,348.03 4th Quarter 2013 $1,598.77 4th Quarter 2012 $9,705.43 83% $8,106.66 $6,218.47 $23,742.39 $17,523.92 YE 2013 The Animal Humane Society and the City of Cottage Grove would like to continue this agreement and partnership. In 2014, there are two changes to the agreement. The new agreement includes a small fee increase. The canine and feline standard stray holding fee is increasing to $130 to $135 and the "other" domestic animal fee is increasing from $40 to $41. There is also new language regarding the potential sterilization and return of stray cats. They have not yet implemented a sterilize-and-release program, but have plans to start one in the upcoming year. A copy of the cover letter explaining the program is attached. Kori Land (city attorney) did review the agreement. She did revise the agreement that they provided. Almost everything from their agreement, with the exception of some things we have to do anyway (such as adhere to state law) and one thing we cannot do, which is release the Humane Society from all liability was included. She also added some general terms and conditions. The revised agreement was sent back to the Animal Humane Society. They reviewed and only changed the hours (it had since changed). Recommendation: Approve the agreement with Animal Humane Society which would become effective January 1st, 2014. .. � IMPOiJND HO�USING SERVICES AGREEMENT BETWEEN THE ANIMAL HUMANE SOCIETY AND THE CITY OF COTTAGE GROVE This Agreeniei�f ("Agreenient") is dlied t1�is 21st day of April 201�, by and between the Aiuiilal I�tun�uie Society (`,Hntl�ane Society") and the City of Cottage Grove ("City") (collectively "Party" or "Parties.") WH�R�AS, Cii.y Code Title 5, Chaptex 4, Sectioil8 provicles the autlzority for the City to impo�uzd dogs and clts tmder certaiii situations; and WHEREAS, Hum�iie Society owizs and operates �t�. axlimal lios��ital uid lceiu1e11ocated at 9785 Hudsoii Road, Wooclbur�, Mim�esota; and WHEREAS, the City desires to irtilize the services of Hui�laile Society and HLU�iaiie Society desi�es to serve as tl�e City's ilnpotuld facil'zty upon the fiei7iis, coziditions and pxovisions of tlus Agreeznent. NOW THEREFORE, in consideration of the promises 1nd mutual coveuants �ld agreen�ents set forth l.�ezeixl, t1�e Parties agree as follows: ARTICLE ONE Definitions Section 1.01. Defiutiolis. When used iu tl�is Agreement, the words or pluases liave the following meaiungs: "Aiumal" meails a dog, cat or other domestic aiunlal. "City" melns t11e City o� Cottage Grove. "Htuiiane Society" n�e�tzzs tl�e .Aiumal IItuil�i�e Society, 9785 Hndson Road, Woodbuzy, Mimiesot�. 55125. "Ciiy Code" i��e�t�s tlze Cottage Grove Citq Code. Other ierms nsed in tllis Agreel�z�ez�i: zn�y be de:Czied i.i�. City Cocle Title 5, Chlpiex 4, Section 1, ARTICL� TtiVO The A�eemei�t Section 2.01. Ptu��ose. The ��LUpose o�f the Agreei�lez�.1: is to deline ihe rights �1id oblig�.i:ions oFtl�e City and Ht���.laxie Society with xespect to tl�e services providecl by i:he IIuz���i�e Sociei:y. Sectioz�. 2.02, Tezm. Tlus Agreement shall remaul in elfect foz one (1) ye�r, commei�cing oz� Ja�uary 1, 201A�, tull�ss either patty gives wril,l:en notice Eor termi��.�ttzon as az•ticulated in �lrticle . � Seveil of this Agreeinellt. Tlus Ab •eement znay be xenewed alunlally under the saine terms and conditioi�s upon mltt�tal agreement of the Parties. ARTICLE TI-�ZEE Designation of Anin�al ImUOUnd Shelfier Sectioll 3.01. Inl�ottnd Desi i�.tion. The City hereby designates Htiznaue Society as the City Poluld �urslzalit to City Code Title 5, Chapter 4. � ARTICL� �OUR Huliiane Societ,ti Obli �.�ioils Sectiox� 4.01. Im��ounclment. Humaxle Society ag�ees to o�er�te as tlle City Pound for pluposes of liousizlg stray oY• abai�do��.ecl liulnals that �re impoui�ded, xetrieved or legally seized and delivered by police officeXS, conuilunity service o�cezs of the Cii:y or by a citizen wit11 verbal coxif'zrmation �10711 tI10 Clfy. " Hotising" lI1CI1lCZeS ��TOV1CI111� ICe11118� 5�c1C8� daily cleaz�i�ig, food and water. Humane Soczety will not accept feral cats itnder tlus Agieement. _ Section 4.02. Hun� �z�.e Societv Facilit� The Htu�alie Society facility sha11 be maintained in a clean and saYlitary colidition �t all tillzes a�id sha11 maintai�i a keiulel Iicense issued by the State of Minnesota. Sectioi�. 4.03 .Animal Care. Aninlals irnpotulded by the City shall zeceive houszz�g, as defiued iul Sectiox14,01, medieal care iii tlie form of vaccilies piizsLiaut to standard vaccinatioli protocols, as we11 as treatn�ezzt for sick or injiired aninlals. Asuinals wllo l�ave bitten a person s1iall be quarautined or zeceive tl�e appropriate diagnostic services. Section �.04. Hours ol Ot�eration. The Hunlalie Society sliall be open fi•oi�l 11:00 a.m. to 7:00 p.ni. Monday through I'rid�.y aiid froxn 10;00 a.zn. to 6:00 p.111. onweakends. The Humane Society sliall be closed oz� l�olidays. Police ofrcers �u�d conuilunity service officers of tlie City sha11. l�.�ve aeeess i:o the Httm�ti�e Soeiety 2�-holu•s per day, 7 days �. weelc, City shall �dhere to Uttilclilig access rules to assure t1i�t cloors aze closed �nd Iociced after drol���iizg off animals a1'ter l�otus. Sectiox�. 4.05. IIo1d'nl� Periods. ImX�oui�ded az�iz��als s11111 be lielcl foz• 5 d�ys, lu�less recl�uiled by tlze ovvner tivithii� tliat tiz».e �'ran�e. I:f axx animal is sttspected o C being r�Uid, it iilust be coli�lied for not less th�n 10 days. Sectioz� 4.06. Clailned .Aiumals: Fees. Prior to 1:I�e X•ele�se of a cl�iz�.led ai�inial to its ovv��er, Humane Society sh�tll colleci: tlie recl��z�tioz�. Cee on belialf o�'tl�e City, �s �vell �s �u�.y oC�Ituli�tt�.e Society's zz�.clirred costs. A clog sl�all not Ue released ui�less it l�.�ts a valid licezlse issued by tlle City, or by i:he city iz� wl�icl� the owuer lives, �s the case z�a�y be. Seci:zon 4.07. Uilcl�iizied Aliimlls. Uncl�imect aiiiz�i�ls xi��y be disposecl oE �fter i:he 5-day holcliug periocl. Hiuiiaaae Society Il�s il�e sole �.lttliority to cteteru�iz�.e ihe dispositioiz o1'uncl�iuiecl aium�.ls 1'ollowiiig ihe holding 1�eriod. "Dis��os�l" zncludes etti;hat�asia or �do�l:ion services to a l�ome or shelter. In i:he c�se ol � n�.edical ei��.ergealey, euthan�si�. may be provicled inullediateJy, No � 2 additional charges will be made to the City for holdiz�g ai� aiximal longer tl�ai� the 5-day holding period, otliez t1�a1�. tl�.e clisposal fee. All additional costs beyond the 5 days shall be t11e responsibility oFtlie HLUiiane Society. Htunatie Society may pei�forui sterilizatioiz ai�d zel.ease of stray cafs wlio are tulcl�u�ed at i:he ezld of the holding period ��id dee111ed stiztable to be retui�ied to the outdoors to live i�ldependently. Sectiozi 4.08. Itisur��ce. Huu��ne Sociei.y sl�all �.t all times during the term of tlus Agxeen�ezit have ancl keep il� foxce znsurance intl�e auioiu�t ol$1.,000,000 per occut7e�ice. The City shall be x�ai��.ed 1s an additional instued. ARTICL� FIVE City's Obli atg ious . Sectio:t�. 5.01 Dro� off Pzoceclures. Tlle City shall adhere fo fhe drop-o:�f procures set foxth by the Humane Society, including axlii�lal hotlsi�ig a1: tlze facility at�d com��letion of the �ppro�riate docuza�entatioz�. Hiui�aiie Society is i�.ot zespoz�sibXe :for siclt or injuzed aiumals that are left after Y•egula� busiz�.ess liours noted iz�. Section 4.04, The City is e�pected to seek treatmelit for sick or ii�.jiued alumals prior to droppillg thelii off afte� hotus. Section 5.02. Citizen Coinplaiiits. City agrees to educate its residents as to where to talce stray atvmals and to resolve citizeiz coz��plaints related to the impo�mdment policies and procedures confaiz�.ed ui the City Code ai�d sfiate law. Sectiozi 5.03. Sterilized Felules. City �.grees to allow and suppoi�t tl�e release af sterzlized felines baek into t11e conuliuiuty if unclainlec� and deemed suitable to lzve oi�tdoors ii�.dependently. Stich felines will be eat-tipped pzior to release aild such ea�-tipped felines sl�all not be iiilpoiuided by tl�.e City in the fiiti.lre, ARTICLE SIX Fees Sec�ion 6,01, I'ees. The follovvin� Pees sl��tl be charged on � c�uarte�ly basis: (a) IIolcling fee to tlie City for Lu1cl�iilled cats oz dogs $135 (U) Holdiug fee fo the City loz otllez uncl�imecl doillestic �iun7�ls (r�bbiis, gliiiie�. pigs, birds, etc.) $�-1 (c) Acluiiiustrative lee i:o the City for reel�ti�iled �niil�.�ls $10 (d) Reclaim �ee to the owner $25. The reclaim :Eee wi11 be credited to �:he Cii:y's qtiarterly invoice. Invoices endiiig in � bal�nce credit will be p�id oltt �t i:he eiid o�'elch billuig cycle. TFthe owner camloi; p�y 1;Iie toial b�l�tnce cltte, the �'ees otived �o the Ilitzil�ne Society will be colleeied first. Izivoices will be z� 'zz� 1:1�.e :Cu•st lnoirlh Collowing ihe ez�d aL the qu�rter. Payinent is eYl�ected witlun 30 das�s of receipt o[ the zizvoice. Billing ctis��utes nzust be z•lised withiil 10 days o:Cx�ecei�7t ol�billing. Tnvoiees sll�ll show the nLUliber oleacl� i.ype o�'anii�111 i�npoui�.ded, i:l�e number of days e�tcli �iumal was confined,111e dis��os�l cosis, z��ectical eosts alid the nux�ibex pl�ced f.or acloY�tio��. 3 ARTICLE SEVEN Default; Terinii�atioz� Section 7.01. �vents of Default. The �ersistent or zepeated lailure oz zeiiisal by �. k'arty to fiilfill substai�tially aiiy o:f its obligatio�is tmder tlus Agreement shall constiti.tte ai� Evez�t of DeFault. Section 7.02. Ot��ortunity to Cure. No evezzt sl�alJ. coiisi:itltte ail Evelit of Default givii�g zise to the rigl�t to terminate ui�less written �iotice is give��. to the defanli:ix�g party and the defal�ltiilg party is given a reasonable time to ctiue, wliich sliall liot be Iess i:han 5 days. Sectioz� 7.03, Cooperation. Tlie Partias agree in good faitl�. to undei�talce resolution of ciisptrtes, if any, in an equitable at�d tinlely matu�er and ui �ccordance with the �rovisions of tlus Agxeeinent. Section 7.04, Tern�iatioi� (a) Either party shall I�ave the right to terminate this Agreeiilent if an Event of Default llas occtured aud the defaultii�g pai�ty l�as �ailed to ctue. (b) Either party sllall liave the zight to terminate this Agreemeiit upon 30-days writteli i�.otice. .ARTICLE EIGHT � Gelleral Provisions Sectio718.01. Notices. All notices sliall be sent to tlie following: If to the City: City of Cottage Grove 12�00 Ravine Pa�Icway S. Cottage Grove, MN 55016 Aitz�.: If to IIun�azxe Society: Aiiim�l IIumane Society 9755 Hudson Road Woodbury, MN 55125 Attn: Section 8.02. Assigiu�tellt. Neitl�er Party's riglais nor obligations sl�.�ll be lssignable tivii:lzoni: ��rior writteii conseut o�tlie otlier Party. � Sectioi�. 8.03. Choice o�C L�w. This Agreeulent s11�11 be governed and coz�sfrued and ezllorced in �ccoxd�izce wiil� tlle l�.w oF ihe St�te of Mimiesot�t azid any court �ction shall be veizl�ed in Washington Coullty. Sectioz�. 5.04, �inendmei�is. ��.y anzeizdiilenis sliall be in writing aud sigi�ed by a11 Parties. 4 Sectiozl S,OS. Waiver. The waiver of any of tlie rights or zea�edies �uisilig �xlrsu���.t to 111is Agreeiueiit on a�zy oz�.e occasion by any Party shall not cox�stitl.ite a waiver of aliy riglits or renledies in respect to any subseqt�ei�.t default of the terms of this Agreezllent. Section 8.06. Miiuiesota Gove�ru�.�ent Data Practices Act. I�Zforzuation supplied by �Iumane Society to il�e Cii:y is su�ject to the Mirmesota Goveriu�.lez�.t Data Practices Act, Mitm. Stat. Ch. 13. In wituess wllereof, Hun�ane Soeiei:y has exeetlted this Agreexilent ancl the City l�as eausect tlus Agreement to be eLecl�tecl by its anthorized xepresezitatives , as of the day and year �'irst wzi.tte�� above, ANIMAL HUMAN� SOCTETY °CIT� O�T' O AG�GROV� ; � �'" `, �� � � �- � anelle Dixoi Ry� S 1 ioeder Preside � & �EO City Adi�aivistrator 5 � °a � _ ��r _ � �.rt �-�� ar�'r��L h��nan� society City of Cottage Grove 12800 Ravine Pari<way S Cottage Grove, MN 55016 Dear Municipal Administrator, Animal Humane Society is constantly lool<ing at ways to improve the lives and welfare of animals in our community, and the impact thaf they have on the people in our community. We have talcen a new lool<at un-owned cats in our communities—those cats I<nown in shelters as "community cats." These cats range from those that are born and live in the wild to escaped and abandoned pets. Historically, these cats have been braught into our facility as strays and held for the mandated stray period, hoping that they have owners that will come and reclaim them. Over the past year, only 3.7% of those cats have been returned to their original owner from our shelters. After that time is up, those cats not reclaimed are either steri(ized (spayed or neuteredj and proceed to our adoption center, or are euthanized for health or behavior reasons, Many of the cats that are brought in as strays and would be euthanized for their behavior are able to survive comfortably in the community. Catching strays and bringing them to a shelter for sterilization and adoption or euthanasia has done nothing to help control cat numbers. As well, studies have shown that lost cats are 13 times more lil<ely to be found or return home by just leaving them in their environment than bringing them in to any shelter. What this means is that we are potentially holding and euthanizing many cats that don't need to be. This does not mean that all cats shouldn't come to shelters. Those cats with identification (tag or microchip) have a much higher return rate. Dedicated sterilization and release programs have shown the ability to control and even decrease the community cat population over time. Cats that are healthy and friendly can be adopted and found new homes, In the contract that we have sent you for 2014, you will see new language regarding the potential sterilization and return of stray cats. We have not yet implemented a sterilize-and-release program, but . we are lil<ely to start one in the coming year. The intent behind this language is to prevent the euthanasia of healthy cats that have established a successful sCrategy for living outdoors. We will continue to evaluate all unclaimed stray animals for piacement through our adoption center. However, we will consider releasing healthy cats bacl< into the community in which they are found if they exhibit behavior that mal<es them not adoptable by our standards. These cats will have the tip of their ear removed while the cat is undergoing sterilization surgery—this clear(y designates that the cat has been spayed or neutered. The new contract also includes a small fee increase. The canine and feline standard stray holding fee is increasing from $130 to $195 and the "other" domestic animal fee is increasing from $40 to $41. Buffalo �`: Coon Rapids � Golden Valley � St. Paul -°� Woodbury Telephone'�63 522 432� www.animathumanesociety.org =, _ �.. � y r �� t _ �' ==-'� � ���rr���. h�9rnan� soco�ty Please feel free to call me if you have any questions about this new strategy or the updafed fee structure. We also have further information about this type of program that is avaifable if desired. Sterilize and return programs have successfully been implemented in several major cities, even ones as far north as the twin cities. We loolc forward to worl<ing together to help as many people and animals as we can in our community. Sincerely, Dr. Graham Brayshaw, DVM Director of Animal Services Animal Humane Society (763.)489 gbrayshaw@animalhumanesociety.org BuFfalo :� Coon Rapids �'� Golden Valley .'� St. Paul �'� Woodbury Telephone'763 522 �3�5 www.anima[humanesociety.org