Loading...
Dubuque Regional Humane Society Contract RenewalCity of Dubuque City Council Meeting Consent Items # 019. Copyrighted June 20, 2022 ITEM TITLE: Dubuque Regional Humane Society Contract Renewal SUMMARY: City Manager recommending approval a new four-year agreement with the Dubuque Regional Humane Society for contracted services related to Animal Control and to authorize the Mayor to sign the agreement. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Type Dubuque Regional Humane Society Contract Renewal- City Manager Memo MVM Memo Staff Memo Contract Staff Memo Supporting Documentation THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Humane Society Contract Renewal Recommendation DATE: June 15, 2022 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 Public Health Specialist Mary Rose Corrigan is recommending City Council approval a new four-year agreement with the Dubuque Regional Humane Society for contracted services related to Animal Control and to authorize the Mayor to sign the agreement. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Mary Rose Corrigan, Public Health Specialist Dubuque THE CITY OF All-AMINCI City DUB &E 1`11111' 2007*2012;2013 Masterpiece on the Mississippi 2017*2019 TO: Michael Van Milligen, City Manager FROM: Mary Rose Corrigan, Public Health Specialist SUBJECT: Humane Society Contract Renewal Recommendation DATE: June 7, 2020 INTRODUCTION This memo recommends a new four-year agreement with the Dubuque Regional Humane Society (DRHS) for contracted services related to Animal Control. BACKGROUND The current two year agreement between the City and the DRHS began July 1, 2020 and expires June 30, 2022. The length of past agreements with the DRHS have varied between one and five years. DISCUSSION Proposed is a four-year agreement negotiated with the DRHS that includes the following change from the existing agreement: • Increases the base starting amount, prior to adding the May 2022 Consumer Price Index (CPI) increase, to $150,000 based on city of Dubuque animal costs demonstrated through DRHS reporting RECOMMENDATION I recommend that the City Council approve the Purchase of Service Agreement between the City of Dubuque and the Dubuque Humane Society effective July 1, 2022-June 30, 2026. BUDGETIMPACT The amount in the agreement will be higher than the FY23 budgeted amount due to change in the base amount and an anticipated higher than estimatedl CPI increase. COUNCIL ACTION Authorize the Mayor to sign the attached amendment agreement between the City of Dubuque and the Dubuque Regional Humane Society on behalf of the City of Dubuque. cc Crenna Brumwell, City Attorney Jenny Larson, Director of Finance and Budget AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE REGIONAL HUMANE SOCIETY This Agreement, dated for reference purposes the 1st day of July, 2022, is made and entered into by and between the City of Dubuque, Iowa, ("City") and the Dubuque Regional Humane Society ("DRHS"). Whereas, City has no suitable shelter for dogs, cats and other animals to be taken to or received pursuant to Title 7, Chapter 6, Article B, Section 7-6B-10 of the City of Dubuque Code of Ordinances; and Whereas, DRHS is an incorporated society which maintains suitable shelter where animals (the Shelter) may be taken or received pursuant to Title 7, Chapter 6, Article B of the City of Dubuque Code of Ordinances; and Whereas, it is deemed to be in the best interest of City to enter into an agreement with DRHS to provide animal housing and services for City. NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: SECTION 1. TERM. The term of this Agreement is from July 1, 2022 through and including June 30, 2026. SECTION 2. SHELTER AND EQUIPMENT. 2A DRHS must provide the Shelter and all equipment in the Shelter necessary for the operation of an animal shelter in accordance with the terms of this Agreement and the laws and administrative rules of the State of Iowa, and the City of Dubuque Code of Ordinances. 2.2 DRHS must maintain the Shelter in a clean and sanitary manner and must not permit any condition to exist that might constitute a public nuisance. 2.3 DRHS must manage and operate the Shelter and provide proper and adequate housing and feeding for all animals, pursuant to this agreement, which come into its custody. 2.4 DRHS shall support City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. City will provide opportunities to demonstrate this support by inviting the Executive Director of DRHS and any employees working on services covered by this agreement to participate professional development opportunities and supporting activities such as: a. The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts; bI The opportunity to attend intercultural and equity workshops offered by City, including workshops that focus on developing an intercultural team with a strategic plan for advancing equity and inclusion within DRHS and through DRHS's work; c. Assistance in creating status reports that demonstrate the ways in which DRHS's efforts are advancing equity and inclusion; and Access to City's equity toolkit. SECTION 3. ANNUAL FEE. As compensation to DRHS for providing the services herein specified during the term of this Agreement, City will pay DRHS during the term of this Agreement an annual fixed fee as provided herein. 3.1 For fiscal year July 1, 2022-June 30, 2023: $150,000 3.2 For the fiscal years of this Agreement succeeding the 2022-2023 fiscal year, the annual fee will be adjusted upward on the first day of each such fiscal year during the term hereof beginning July 1, 2022 by the annual percentage change of the Consumer Price Index —All Urban Consumers (CPI-U)—US City Average —All Items, during the period ending in May immediately preceding the beginning of each such fiscal year, as published by the Bureau of Labor Statistics of the US Department of Labor, or of any revised or successor index hereafter published by the Bureau of Labor Statistics or other agency of the United States Government succeeding to its function. 3.3 The annual fixed compensation shall be payable in equal monthly installments due on or before the last day of each month. 3.4 The payment of fees under this Agreement is dependent upon DRHS's compliance with all of the terms and conditions of this Agreement including but not limited to the terms and conditions in Section 6, Financial and Accounting Reporting. 3.5 In addition to any other remedies available to City, if DRHS fails to comply with the following terms and conditions of this Agreement, City may unilaterally reduce the fee that is otherwise payable to DRHS by ten percent (10%) for each month of noncompliance. SECTION 4, DAILY FEE. DRHS may retain a daily fee charged to an animal owner for keeping animals received from an animal control officer or City of Dubuque police officer, as well as all daily fees charged to an animal owner for services not within the scope of this Agreement. SECTION 5. RELEASING IMPOUNDED ANIMAL, 5A DRHS may not under any circumstances release an impounded animal to the 2 owner without the owner producing evidence that all impoundment and City of Dubuque pet license fees have been paid to City, except when approved by City. A. Impoundment fees paid at DRHS will be paid to City on or before the 10th day of each month for impoundment fees collected on behalf of City during the previous calendar month. B. For any unlicensed City animals leaving DRHS after impoundment, DRHS will collect the pet license fees before the animals leave DRHS. Licensing fees paid at DRHS will be paid to City on or before the 10t' day of each month for licensing fees collected on behalf of City during the previous calendar month. C. For all license fees paid at DRHS pursuant to section 5.1(A) and for all impoundment fees paid at DRHS pursuant to section 5.1(B), DRHS will fully complete and provide to City the form attached to this Agreement. 5.2 For purposes of this Agreement DRHS will be granted access to City's animal licensing database upon City's receipt of a database privacy policy for DRHS employees. Use of the database by DRHS and its employees will be limited to confirming ownership, vaccination, and licensing information for animals in the possession of DRHS pursuant to this Agreement. SECTION 6. REPORTS. 6.1 Based on the expense allocation calculation developed by a third party chosen by mutual agreement of the parties, DRHS must provide an "Allocation of Expenses to the City of Dubuque, IA" report. The report must be created using Microsoft Excel software and must include cumulative year to date columns for total expenses and expenses allocated to City. The report must be submitted in the native Excel format including formulas and calculations. If this is not possible, data in CSV format with full explanation of any calculated fields must be provided. DRHS must render the 'Allocation of Expenses to the City of Dubuque, IA" report quarterly no later than the third Thursday of the following quarter for the first, second, and third quarters of the year. For the fourth quarter of the year, such report must be rendered not later than the sixth Thursday of the following quarter. If DRHS wishes to change the methodology used to prepare the "Allocation of Expenses to the City of Dubuque, IA" or change the percentage allocations, City must first approve the change in writing, and the report must be reviewed or developed by a neutral third party, whether that third party is Honkamp Krueger & Co., P.C. or another certified public accounting firm. If a new methodology is approved by City and used, City will pay for the one-time expense of a report explaining the new methodology, provided that competitive bids or quotes are obtained for this new methodology, and the lowest responsive, responsible bidder is chosen. 6.2 DRHS must furnish to City the quarterly "Accountant's Compilation Report" 3 prepared by an independent accounting firm quarterly no later than the fifth Thursday of the following month after the quarter ends for the first, second, and third quarters of the year. For the 4th quarter, the quarterly "Accountant's Compilation Report" must be furnished to City by the eighth Thursday following December 31 of each year. 6.3 DRHS must furnish to City a report of DRHS's annual meeting, a list of its officers, and an annual IRS Form 990, by no later than August 31 of each year, and a comparative budget no later than December 31 of each year for the following year. 6.4 DRHS must furnish to City the following monthly reports: A. Return to Owner; B. Rabies; and C. Stray intakes by type (stray, dead on arrival, wildlife, etc. and the entity who brought the stray to DRHS). DRHS and City will create a sample report for each containing the required content and data contained in each report. The monthly reports should be submitted by the end of the first week of the following month. For instance, the July report for any given year should be submitted by the end of the first week in August of that same year. 6.5 Notwithstanding any other required reports or required data described in this Agreement, upon City's request, DRHS must provide to City, via telephone or in writing, pet owner information and animal information, including but not limited to information related to surrenders, impoundments, adoptions, quarantined animals and alleged bites. If City needs copies of the information, DRHS will provide City with, or allow City to, copy as needed to support its enforcement efforts and recordkeeping related to ownership, licensing, vaccination status and other animal control related issues. 6.6 City may request other reports from DRHS. If a third party is required to prepare the other reports requested by City, City will reimburse DRHS for the costs of the reports, or City will request the data/information and prepare the report itself. SECTION 7. SPECIAL ACCOMODATIONS. 7.1 In the event the number or nature of the animals) placed by City exceeds the care capacity of DRHS, DRHS must make every effort to assist City in either caring for such animals at their current location or assist City in finding alternative accommodations for such animals. In the event alternative accommodations are required as provided above, City will be responsible for payment of the cost of such alternative accommodations. 7.2 DRHS must provide payment to City for services DRHS is unable to provide but are required to provide under this Agreement and which City must pay another entity for such service upon receipt of an invoice from City. 0 SECTION 8. HOURS OF SERVICE, 8.1 DRHS must provide twenty -four-hour access, seven days a week at the Shelter for the purpose of receiving animals under this Agreement. 8.2 DRHS must keep the Shelter open to the public six (6) days per week, holidays excepted, for the convenience of the public and for the purpose of transacting business in connection with the services to be provided under this Agreement. DRHS may close the Shelter for minimal time periods for emergencies or other non-standard issues upon notification to and approval by City SECTION 9. ANIMAL CARE. DRHS must accept, handle, care for, maintain and provide humane disposition for all animals brought to it pursuant to this Agreement. SECTION 10. DISPOSAL OF IMPOUNDED ANIMALS. 10.1 DRHS must provide written notice to the owner of a licensed dog or cat if DRHS can reasonably determine the owner's name and current address by accessing a tag or other device that is on or a part of the dog or cat. The notice must be sent within two (2) days after the dog or cat has been impounded. The notice must provide that if the owner does not redeem the dog within seven (7) days or the cat within five (5) days from the date that the notice is delivered, the animal may be humanely destroyed or otherwise disposed of in accordance with law as an abandoned animal whose ownership is vested in DRHS. For purposes of this requirement, notice is delivered on the date DRHS mails the notice which may be by regular mail. 10.2 DRHS may not dispose of any impounded, licensed cat until at least five (5) days after the notice to the owner, and any impounded, licensed dog until at least seven (7) days after the notice to the owner has been made as required by Title 7 of the City of Dubuque Code of Ordinances. DRHS may not dispose of any impounded, unlicensed dogs or cats until at least three (3) days after the date of the impoundment. 10.3 Notwithstanding the foregoing, DRHS may, in its sole discretion, at any time, euthanize vicious dogs or other vicious animals, if DRHS determines such dog or other animal constitutes a danger to the public or to DRHS's employees or staff. Feral cats may be disposed of immediately. 10.4 City may, in its sole discretion, at any time order DRHS to euthanize dogs or other animals if City determines such dog or other animal constitutes a danger to the public or to DRHS's employees or staff. 10.5 DRHS will be responsible for costs associated with disposal of animal remains whether animal was brought in deceased by City, ordered to be euthanized per City, or euthanized at the discretion of DRHS. SECTION 11, DISPLAY OF LICENSING. DRHS must prominently display in the 5 Shelter a Certificate of Registration and such other licenses as may be required by the Iowa Department of Agriculture. SECTION 12. INSPECTION OF SHELTER. The Shelter must be open for inspection by the Public Health Specialist of the City of Dubuque within a reasonable time after notice by City. DRHS must forward copies of all Department of Agriculture and other regulatory inspection reports to the Public Health Specialist. SECTION 13. INSURANCE. DRHS must at all times during the term of this Agreement maintain insurance as set forth on the attached Insurance Schedule J SECTION 14. TERMINATION. 14.1 This Agreement may be terminated by either party without cause after providing one hundred eighty (180) days written notice to the other party by certified U.S. mail addressed to the City Manager, City Hall or to DRHS's President, as the case may be. 14.2 If, through any cause, DRHS fails to fulfill in a timely and proper manner its obligations under this Agreement, or if DRHS violates any of the covenants, agreements or stipulations of this Agreement, City has the right to terminate this Agreement by giving written notice to DRHS of such termination identifying the reasons for the termination and specifying the effective date thereof, said effect date to be not less than five (5) days before the effective date of such termination. Upon termination of this Agreement, DRHS will return to City all unexpended funds and/or any funds utilized for purposes other than stated in this Agreement. SECTION 15. COMPLIANCE WITH LAWS. DRHS must comply with all applicable laws, ordinances and codes of the Federal Government, the State of Iowa, and the City of Dubuque. CITY OF DUBUQUE, IOWA DUBUQUE REGIONAL HUMANE SOCIETY Noebe Chesney, Executive Director 0 EXHIBIT 1: INSURANCE SCHEDULE 7 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J 1. DRHS shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide, 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of Insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsuitant and sub- subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to certificate of insurance. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8. Contractors shall be required to carry the minimum coverage/limits, or greater If required by law or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. 9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of Insurance must Include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule J Professional Services April 2021 0 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) Exhibit A) COMMERCIAL GENERAL LIABILITY General Aggregate limit $2,000,000 Products -Completed Operations Aggregate Limit $1,0001000 Personal and Advertising Injury Limit $1,0001000 Each Occurrence $1,0003000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all Its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. 5) Policy shall include Waiver of Right to Recover from Others endorsement. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribetl by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR Page 2 of 4 Schedule J Professional Services April 2021 0 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) If, by Iowa Code Section 85.1 A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. D) UMBRELLA/E%CESS LIABILITY $1,000,000 The General Liability, Automobile Uability and Workers Compensation Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, It shall include the same endorsements as required of the primary policies including Waiver of Subrogation and Primary and Non-contributory in favor of the City. E) PROFESSIONAL LIABILITY $1,000,000 If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims - made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide °extended reporting" coverage for a minimum of five (5) years after completion of the work or services. F) CYBER LIABILITYIBREACH $1,0006000 Page 3 of 4 X Yes _No Coverage for First antl Third Party liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Schedule J Professional Services Apri12021 ICIi City of Dubuque Insurance Requirements for Professional Services Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. if you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this Insurance policy. 3. Assertion of Government Immunity, The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written re quest of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental Immunity unless and until a court of competent jurisdiction has ruled In favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: PILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule J Professional Services Apri12021 11 EXHIBIT 2: INFORMATION FORM 12 ( k |) ) \ / § � 7 ± b / \ j) ) � 4 j k § } 2 � § % ■ \ \ i \ ! ) } ) } { z�z 7 .. � }�/ � }\ ■ƒQ.