Dubuque Regional Humane Society Contract Renewal Copyrig hted
November 16, 2020
City of Dubuque Consent Items # 15.
City Council Meeting
ITEM TITLE: Dubuque Regional Humane Society Contract Renewal
SUM MARY: City Manager recommending approval of a new two-year agreement with
the Dubuque Regional Humane Society for contracted services related
to animal control.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Dubuque Regional Humane Sociery Contract Renewal- City Manager Memo
MVM Memo
Memo to MVM regarding DRHS Contract Staff Memo
Dubuque Regional Humane Sociery Contract with City Supporting Documentation
of Dubuque
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Dubuque Regional Humane Society Contract Renewal Recommendation
DATE: November 9, 2020
Public Health Specialist Mary Rose Corrigan recommends City Council approval of a
new two-year agreement with the Dubuque Regional Humane Society for contracted
services related to animal control.
The agreement includes the following changes from the existing agreement:
• Grammatical changes to reflect a two-year agreement
• Modifications to some reporting deadlines
• Updated holding times for dogs and cats to be consistent with city and state
codes
• Updates to the Animal Claim Certificate to reflect animal license status
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Mary Rose Corrigan, Public Health Specialist
Dubuque
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TO: Michael Van Milligen, City Manager
FROM: Mary Rose Corrigan, Public Health Specialist
SUBJECT: Humane Society Contract Renewal Recommendation
DATE: November 5, 2020
INTRODUCTION
This memo recommends a new two-year agreement with the Dubuque Regional
Humane Society (DRHS) for contracted services related to Animal Control.
BACKGROUND
The current agreement between the City and the Dubuque Regional Humane Society
began July 1, 2015 and expires November 30, 2020. Since first initiating five-year
agreements with the DRHS, we have developed refined and detailed reports together
to provide the most accurate accounting for services provided and costs incurred. A
goal is to arrive at a "cost per animal" report and provide the animal control services
needed.
In September 2018, the DRHS requested adjustments to the existing agreement since
they now had stabilized their reporting system, and had a better understanding of the
contractual requirements, along with board and staff oversight of the reporting. Through
our discussions, we agreed to some modifications that eased some of the reporting
requirements for the DRHS based on reporting performance. These discussions
resulted in an amendment to the contract in September 2018.
DISCUSSION
Proposed is a two-year agreement negotiated with the DRHS that includes the following
changes from the existing agreement:
• Grammatical changes to reflect a two-year agreement
• Modifications to some reporting deadlines
• Updated holding times for dogs and cats to be consistent with city and state
codes
• Updates to the Animal Claim Certificate to reflect animal license status
RECOMMENDATION
I recommend that the City Council approve the Purchase of Service Agreement
between the City of Dubuque and the Dubuque Humane Society.
BUDGETIMPACT
The amount in the agreement is consistent with what was approved in the current
budget.
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 Maureen Quan, Assistant City Attorney
Jenny Larson, Budget Director
2
FINAL 10282020
term of this Agreement an annual fixed fee as provided herein.
herein specified during the term of this Agreement, the City will pay DRHS during the
SECTION 3. ANNUAL FEE. As compensation to DRHS for providing the services
custody.
housing and feeding for all animals, pursuant to this agreement, which come into its
2.3 DRHS must manage and operate the Shelter and provide proper and adequate
permit any condition to exist that might constitute a public nuisance.
2.2 DRHS must maintain the Shelter in a clean and sanitary manner and must not
Ordinances.
the laws and administrative rules of the State of Iowa, and the City of Dubuque Code of
the operation of an animal shelter in accordance with the terms of this Agreement and
2.1 DRHS must provide the Shelter and all equipment in the Shelter necessary for
SECTION 2. SHELTER AND EQUIPMENT.
and including June 30, 2022.
SECTION 1. TERM. The term of this Agreement is from November 16, 2020 through
FOLLOWS:
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS
agreement with DRHS to provide animal housing and services for City.
Whereas, it is deemed to be in the best interest of City to enter into an
Article B of the City of Dubuque Code of Ordinances; and
where animals (the Shelter) may be taken or received pursuant to Title 7, Chapter 6,
Whereas, DRHS is an incorporated society which maintains suitable shelter
of Dubuque Code of Ordinances; and
taken to or received pursuant to Title 7, Chapter 6, Article B, Section 7-6B-10 of the City
Whereas, City has no suitable shelter for dogs, cats and other animals to be
the Dubuque Regional Humane Society ("DRHS").
2020, is made and entered into by and between the City of Dubuque, Iowa, ("City") and
THIS Agreement, dated for reference purposes the 16th day of November,
DUBUQUE REGIONAL HUMANE SOCIETY
AND
THE CITY OF DUBUQUE, IOWA
BETWEEN
AGREEMENT
3.1 For fiscal year July 1, 2020-June 30, 2021: $135,283.00.
3.2 For the fiscal year of this Agreement succeeding the current 2020-2021 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, 2020 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 the 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.
5.1 DRHS may not under any circumstances release an impounded animal to the
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 the 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.
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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, the 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 the City
and used, the 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"
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 the 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
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).
3
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 the City's request, DRHS must provide to the 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 the City needs copies of the information, DRHS will provide the City
with, or allow the 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 The City may request other reports from DRHS. If a third party is required to
prepare the other reports requested by the City, the City will reimburse DRHS for the
costs of the reports, or the 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 animal(s) 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 the City must pay another
entity for such service upon receipt of an invoice from City.
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 the 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.
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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 the 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
Shelter a Certificate of Registration and such other licenses as may be required by the
lowa 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 the 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 A.
SECTION 14. TERMINATION.
14.1 This Agreement may be terminated by either party without cause after providing
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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
Roy D. Buol, yor
DUBUQUE REGIONAL HUMANE
SOCIETY
Tonya rd, E cutive Director
C.
EXHIBIT 1: INSURANCE SCHEDULE
7
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J
1. shall furnish a signed certificate of insurance to the City of Dubuque, lowa 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 lowa 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. Eg: Project# or Project
Location at or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
lowa and all insurers shall have a rating of A or better in the current A.M. BesYs 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 subconsultant 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 agreemenYs required limits.
9. Contractor shall be responsible for deductibles and self-insured retention.
Page 1 of 4 Schedule J Professional Services May 2019
$
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
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 ISO endorsement form CG 25 04"Designated Location(s)General
Aggregate LimiY'or CG 25 03"Designated Construction Project(s)General
Aggregate LimiY'as appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement.(Sample
attached).
5) 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.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
C) WORKERS'COMPENSATION 8�EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by lowa Code Chapter 85.
Coverage A Statutory—State of lowa
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 umbrellalexcess insurer.
OR
Nonelection of Workers'Compensation or Employers'Liability Coverage under lowa
Code sec. 87.22.Completed form must be attached.
Page 2 of 4 Schedule J Professional Services May 2019
9
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J (continued)
D) UMBRELLAIEXCESSLIABILITY $1,000,000
Umbrella/excess liability coverage must be at least following form with the underlying
policies included herein(General Liability,Automobile,Workers Compensation).
E) PROFESSIONAL LIABILITY $1,000,000
Provide evidence of coverage for 5 years after completion of project.
F) CYBER LIABILITY $1,000,000
_yes _no
Coverage for First and Third Party liability including but not limited to lost data and
restoration, loss of income and cyber breach of information.
Page 3 of 4 Schedule J Professional Services May 2019
10
City of Dubuque Insurance Requirements for Professional Services
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental ImmunitV.The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coveraqe.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 lowa Section 670.4 as it
now exists and as it may be amended from time to time.Those claims not subject to Code of lowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government ImmunitV.The City of Dubuque, lowa 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
request of the insurer.
4. Non-Denial of Coveraae.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, lowa 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, lowa.
No Other Chanqe in Policv.The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule J Professional Services May 2019
11
EXHIBIT 2: INFORMATION FORM
12
City of Dubuque
-�Hz cizY or City Clerk'S OffIC2
D�Fj E City Hall, 50 W. 13th Street NO.:
DubuquelA 52001-4864
Mczsterpirce ori t7ze MiSsLss{7��y�i rj63-589-4122 �ate:
AlVIMAL OWNER CLAIM CERTIFICATE
(ADDITIONAL FEES MAY BE CIIARGED BY IIil1VIANE SOCIETY)
Owner: DOB: / /
Address: Phone No.:
City: State: Zip:
Animal Information
Animal Narne Age Sex Breed Color
Dubuque City License? ❑ Yes ❑ No Tag# Rabies Expiration: / /
Spayed or neutered? ❑ Yes ❑ No
Annual Licensing Fee: $14 for spayed/neutered
$34 for NOT spayed/neutered
License Amount Paid: $ Veterinarian:
Impoundment Fee Paid: $
Total: $ City Clerk's Oftice:
YVhifE Cop��—Hnmaue Sociely Yellory Cbpy—Ani»aa1 Cbn6oI Pink Capy—GYYy Qerk's O„O'fce Cold Capy—Owieer
If proof of current rabies vaccination is not provided at time of license purchase, the license will not be considered purchased until
proof of vaccination is provided to Petdata or City of Dubuque Animal Control.
FINAL 10282020