Dubuque Humane Society_Purchase of Services AgreementTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Dubuque Humane Society Purchase of Service Agreement
DATE: January 14, 2009
Health Services Specialist Mary Rose Corrigan is recommending approval of a new
five-year Purchase of Services Agreement between the City of Dubuque and the
Dubuque Regional Humane Society.
The most recent Dubuque Humane Society agreement was signed in June 2004 for five
years. That agreement brought the annual amount paid to the Dubuque Regional
Humane Society in line with the Society's projected cost per City animal by the 5t" year.
The proposed agreement is dated July 1, 2009 -June 30, 2014 and has the following
additional requirements for the Humane Society:
• A third-party financial audit provided prior to July 1, 2013
• Institute a cost accounting system by December 31, 2010 and provide reports
that break down revenue and expenses in various categories, including but not
limited to, activities such as adoption, animal cruelty, education, development,
cemetery, promotion, City of Dubuque Animal Control. Once in place, the
revenue and expense reports shall be submitted to the City monthly.
• An account report of the direct City expenditures for each of the activities
identified above will be added to the regular monthly reports
• Clarification of special accommodations and other minor changes
The new agreement will begin using the base fee of $115,772, a 3% increase from this
year's agreement and increase by the annual CPI which will be available in
approximately May 2009. That annual increase will not be less than 3% nor more than
5% of the annual fixed fee for the prior year.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/js
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jenny Larson, Budget Director
Mary Rose Corrigan, Public Health Specialist
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: Michael C. Van Milligen, City Manager
FROM: Mary Rose Corrigan, RN, Public Health Specialist
SUBJECT: Dubuque Humane Society Purchase of Service Agreement
DATE: January 12, 2009
INTRODUCTION
This memorandum provides information and a recommendation regarding the new
Purchase of Service Agreement between the City of Dubuque and the Dubuque
Regional Humane Society.
BACKGROUND
The most recent Dubuque Humane Society agreement was signed in June 2004 for five
years. That agreement brought the annual amount paid to the Dubuque Regional
Humane Society in line with the Society's projected cost per City animal by the 5th year.
This proposed agreement is dated July 1, 2009 -June 30, 2014.
DISCUSSION
Assistant City Manager Cindy Steinhauser, Budget Director Jenny Larson and I have
been meeting with Humane Society Director Jane McCall and several of their Board
members to reach a new agreement. The new agreement has the following additional
requirements, for the Humane Society:
• A third-party financial audit provided prior to July 1, 2013
• Institute a cost accounting system by December 31, 2010 and provide reports
that break down revenue and expenses in various categories, including but not
limited to, activities such as adoption, animal cruelty, education, development,
cemetery, promotion, City of Dubuque Animal Control. Once in place, the
revenue and expense reports shall be submitted to the City monthly.
• An account report of the direct City expenditures for each of the activities
identified above will be added to the regular monthly reports
• Clarification of special accommodations and other minor changes
The new agreement will begin using the base fee of $115,772, a 3% increase from this
year's agreement and increase by the annual CPI which will be available in
approximately May 2009. That annual increase will not be less than 3% nor more than
5% of the annual fixed fee for the prior year.
RECOMMENDATION
I recommend that the City Council approve the five-year Purchase of Service
Agreement between the City of Dubuque and the Dubuque Humane Society.
COUNCIL ACTION
Authorize the Mayor to sign the attached Purchase of Service Agreement between the
City of Dubuque and the Dubuque Humane Society on behalf of the City of Dubuque.
M RC/cj
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jenny Larson, Budget. Director
AGREEMENT
BETWEEN
THE CITY OF ®UBUQUE, IOWA
AN®
DUBUQUE HUMANE SOCIETY
THIS Agreement, .dated for reference purposes the ~ day of
_ , 20'~'~', is entered into by and between the City of Dubuque,
Iowa, ("City'~and the Dubuque Humane Society ("DHS").
Whereas, City has no suitable shelter for dogs, cats and other animals
that may be taken up or received pursuant to Article II of Chapter 7 of the City of
Dubuque Code of Ordinances; and
Whereas, DHS is an incorporated society which maintains suitable shelter
for animals (the Shelter) which may betaken or received pursuant to Article (I of
Chapter 7 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 DHS 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 shall be from July 1, 2009
through and including June 30, 2014.
SECTION 2. SHELTER AN® EQUIPMENT.
2.1. DHS shall 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. DHS shall maintain the Shelter in a clean and sanitary manner and shall
not permit any condition to exist that might constitute a public nuisance.
2.3. DHS shall manage and operate the Shelter and provide proper and
adequate housing and feeding for all animals, which come into its custody.
SECTION 3. ANNUAL FEE. As compensation to DHS for providing the
services herein specified during the term of this agreement, the City shall pay
DHS during the term of this agreement an annual fixed fee as follows:
$115,772.00 for fiscal year July 1, 2009 -June 30, 2010 which amount shall be
adjusted upward on the first day of each Fiscal Year during the term ,hereof
122908ba1
(beginning July 1, 2010) by the annual percentage change in the Consumer Price
Index -- All Urban Consumers (CPI-U) -- U.S. City Average -- All Items, during
the period ending in May immediately preceding such Fiscal year, as published
by the Bureau of Labor Statistics of the U.S. 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 functions;
Provided, however, that the increase in the annual fixed fee each year shall not
be less than 3% nor more than 5% of the annual fixed fee for the prior year. The
foregoing annual fixed compensation shall be payable in equal monthly
installments due on or before the last day of each month during such Fiscal Year,
commencing July 31, 2009.
SECTION 4. ®AILY FEE. DHS shall be entitled to 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 and impoundment fees
charged to an animal owner for services not within the scope of this Agreement.
SECTION 5. RELEASING IMPOUN®E® ANIMAL. DHS shall not under any
circumstances release an impounded animal to the owner without the owner
producing evidence that all impoundment and license fees have been paid to the
City. City shall pay to DHS any impoundment fees received by City for
impounded animals that were not received by DHS from an animal control officer
or City of Dubuque police officer, such fees to be paid to DHS on a monthly
basis, with payment to be made on or before the 10th day of each month for
impoundment fees paid to City during the previous calendar month.
SECTION 6. REPORTS.
6.1. DHS shall provide City with monthly reports on a form approved by the
City detailing the number of animals taken in under the terms of this Agreement
and amount of revenue paid to DHS for any service provided by DHS for each
such animal.
6.2. DHS shall provide monthly financial statements including balance sheets
showing -all assets and liabilities and income statements showing all revenues
and expenses. Such reports shall be rendered not later than the fourth Thursday
of the following month.
6.3. DHS shall institute a cost accounting system and shall not later than
December 31, 2010 provide to City reports that break down revenue and
expenses in various categories, including but not limited to, activities such as
adoption, animal cruelty, education, development, cemetery, promotion, City of
Dubuque Animal Control. At such time as DHS has a system in place to allow
production of the revenue and expense reports, such reports shall be rendered
no later than the fourth Thursday of the succeeding month.
2
6.4. DHS shall furnish to City a report of DHS's annual meeting, a list of its
officers, an annual IRS Form 990T, by no later than June 30 annually, and an
annual budget by no later than December 31 annually.
6.5. Prior to July 1, 2013, DHS shall cause to be prepared, and provide City
with a copy thereof, an audit by an independent accounting firm covering the
period from January 1, 2012 through December 31, 2012. DHS shall also provide
City with a copy of any other audit prepared for DHS during the term of this
Agreement.
SECTION 7. SPECIAL ACCOMO®ATIONS.
7.1 Special Accommodations For Any Animals Other Than Dogs or Cats. In
the event City places any animals other than dogs or cats with DHS, which either
because of the number of such animals or the nature of the animal, require
special accommodations outside of the normal accommodations or capacity of
DHS, City shall reimburse DHS for the fair and reasonable cost of care for such
animals, provided DHS shall submit to City not less than weekly a statement
showing the cost of such care. In the event the number or nature of the animal
or animals placed by City exceeds the care capacity of DHS, DHS shall 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 shall be
responsible for payment of the cost of such alternative accommodations.
7.2 Special Accommodations For Dogs or Cats. In the event City places any
dogs or cats with DHS, which because of the number of such dogs or cats or the.
nature of the dogs or cats, requires special accommodations outside of the
normal accommodations or capacity of DHS, City shall reimburse DHS for the
fair and reasonable cost of care for such animals, provided DHS shall submit to
City not less than weekly a statement showing the .cost of such care. In the
event the number of animals placed by City exceeds the care capacity of DHS,
DHS shall 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 shall be responsible for payment of the cost of such alternative
accommodations.
SECTION 8. HOURS OF SERVICE.
8.1. DHS shall provide twenty-four hour service, seven days a week at the
Shelter for the purpose of receiving animals under this Agreement.
8.2. DHS shall keep the Shelter open to the public daily, Monday through
Sunday, 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. DHS may close the Shelter for minimal time periods for
emergencies or other non-standard issues.
SECTION 9. ANIMAL CARE. DHS shall accept, handle, care for, maintain
and provide humane disposition for all animals brought to it.
SECTION 10. DISPOSAL OF IMPOUNDED ANIMALS.
10.1. DHS shall not dispose of any impounded, licensed cat until at least five
days after the notice to the owner and any impounded, licensed dog until at least
seven (7) days after the notice to the owner required by Article II of Chapter 7 of
the City of Dubuque Code of Ordinances has been made. DHS shall not dispose
of any impounded, unlicensed dogs or cats until at least three days after the date
of impoundment.
10.2. DHS shall provide written notice to the owner of a licensed dog or cat if
DHS 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
shall be sent within two days after the dog or cat has been impounded. The
notice shall provide that if the owner does not redeem the dog within seven days
or the cat within 5 days from the date that the notice is delivered, the dog or cat
may be humanely destroyed or otherwise disposed of in accordance with law.
For purposes of this requirement, notice is delivered when DHS mails the notice
which may be by regular mail.
10.3. Notwithstanding the foregoing, DHS may, in its sole discretion, at any
time, euthanize vicious dogs or other vicious animals, if DHS determines such
dog or other animal constitutes a danger to the public or to DHS's employees or
staff, and feral cats may be disposed of immediately.
SECTION 11. DISPLAY OF LICENSING. DHS shall prominently display in
the 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 shall be open for
inspection by the Public Health Specialist of the City of Dubuque. DHS shall
forward copies of all Department of Agriculture and other regulatory inspection
reports to the Public Health Specialist.
SECTION 13. INSURANCE. DHS shall at all times during the term of this
Agreement maintain insurance as set forth on the attached Insurance Schedule.
SECTION 14. TERMINATION. This Agreement may be terminated by either
party providing (6) six months written notice to the other party by certified U.S.
mail addressed to the City Manager, City Hall or to DHS's President, as the case
may be.
If, through any cause, DHS shall fail to fulfill in timely and proper manner its
obligations under this Agreement, or if DHS shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall thereupon have the right
to terminate this Agreement by giving written notice to DHS of such termination
and specifying the effective date thereof at least five (5) days before the effective
date of such termination. Upon termination of this Agreement, DHS will return to
City all unexpended funds and/or any funds utilized for purposes other than
sta#ed in this Agreement.
SECTION 15. COMPLIANCE WITH LAUI/S. DHS shall comply with all
applicable laws, ordinances and codes of the Federal Government, the State of
Iowa, and the City of Dubuque.
CITY OF DUEUQUE, 1®11VA
Kevin VJ. Ly h, Mayor Pro-Tem
DUBUQUE HUMANE SOCIETY
ale Repass, esident