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HomeMy WebLinkAbout06. 21-515OCTOBER 26, 2021 21-515 RESOLUTION (CARRIED____7-0____LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AGREEMENT WITH OSHKOSH AREA HUMANE SOCIETY, INC., FOR ANIMAL SHELTER SERVICES 2022 – 2025 ($99,900.00) INITIATED BY: POLICE DEPARTMENT WHEREAS, the City of Oshkosh Municipal Code Section 12-16 allows the City upon approval of the City Manager to enter into professional services agreements for services which are substantially measured by the professional competence of the persons performing them and which are not susceptible to realistic competition by cost alone when such an agreement is advantageous to the City; and WHEREAS, the Oshkosh Police Department has reviewed and recommends an agreement for a three-year Purchase of Services Agreement with the Oshkosh Area Humane Society; and WHEREAS, this Agreement provides for services related to the housing, care and disposition of animals within the City of Oshkosh; and WHEREAS, the Common Council approved the allocation of funds for calendar year 2022, toward the first year of this Agreement, in the amount of Ninety-Nine- Thousand-Nine-Hundred Dollars ($99,900.00); and WHEREAS, additional funds will be requested in subsequent budget years for the remainder of the anticipated duration of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Purchase of Services Agreement with the Oshkosh Area Humane Society, Inc., for services and management of the animal shelter in the amount of Ninety- Nine-Thousand-Nine-Hundred Dollars ($99,900.00) is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and OCTOBER 26, 2021 21-515 RESOLUTION CONT’D directed to take those steps necessary to implement the terms and conditions of the Agreement. Money for this purpose is hereby appropriated from: Acct. No. 100-0214-6430-00000 General Fund – Animal Care 1 TO: Honorable Mayor and Members of the Common Council FROM: Chief Dean Smith, Oshkosh Police Department Lynn A. Lorenson, City Attorney DATE: October 26, 2021 RE: Approve Agreement with Oshkosh Area Humane Society, Inc., for Animal Shelter Services 2022-2025 ($99,900.00) BACKGROUND The City of Oshkosh has had a long standing agreement with the Oshkosh Area Humane Society, Inc. for Animal Shelter Services. Prior to 1993, the City of Oshkosh operated a municipal animal shelter. Beginning in September of 1993, the City entered into a series of agreements with the Friends of the Shelter Humane Society, the predecessor to the Oshkosh Area Humane Society, for lease of the City facility and purchase of animal shelter services. In 2005 the Humane Society moved shelter operations to a new facility located at 1925 Shelter Court and the agreement was modified to delete references to the use of the City facility. The last formal agreement covered the years 2016 to 2019 and was then extended by for an additional year to the end of January 2020. During 2021 the Oshkosh Humane Society worked under the previous agreement with the understanding that due to the uncertainty of the financial issues related to COVID, there would be no increase in the contract amount for this year. ANALYSIS The working relationship between the Oshkosh Area Humane Society and the City of Oshkosh has been longstanding and beneficial to both parties. The proposed agreement has no substantive changes from the previous agreement. The relationship between the parties remains the same. This agreement would cover calendar years 2022 through 2025. The new agreement would provide an increase in the amount the City pays for the animal services to ninety nine thousand nine hundred dollars ($99,900.00) for calendar year 2022. This amount was calculated by applying a 2.5% increase annually from the 2021 amount, consistent with the 2.5% annual increases which had been in place under prior agreements. This is the amount that was discussed with the Council during the budget process and included in the 2022 budget. The agreement provides for additional 2.5% increases in 2023 through 2025. 2 FISCAL IMPACT The City would pay ninety nine thousand 400 hundred ($99,900.00) for animal shelter services for 2022, which is included in the 2022 budget. The agreement provides for 2.5% increases in the second, third and fourth year of the agreements which will need to be included in the 2023 ($102,398.00), 2024 ($104,958.00) and 2025 ($107,582.00) city budgets. Money will be appropriated from Acct. No. 100-0214-6430-00000 General Fund – Animal Care. RECOMMENDATION Staff recommends approval of the agreement. Respectfully Submitted, Approved: Chief Dean Smith John Fitzpatrick, Oshkosh Police Department Assistant City Manager / Director of Administrative Services Lynn A. Lorenson City Attorney PURCHASE OF SERVICES AGREEMENT OSHKOSH AREA HUMANE SOCIETY, INC. I. PARTIES AND TERM. This agreement is made between the City of Oshkosh, a municipal corporation, located in Winnebago County, Wisconsin (“CITY”) and the Oshkosh Area Humane Society, Inc. a Wisconsin not for profit corporation (‘OAHS”). The term of this agreement is January 1, 2022 to December 31, 2025. II. OAHS RESPONSIBILITES. A. OAHS shall maintain suitable public hours at the animal shelter for the convenience of the public and for the purpose of transacting business in connection with the duties under this contract and for the purpose of receiving animals or for accepting applications for the redemption of impounded animals. B. OAHS shall hire a manager on a full-time basis to manage the Oshkosh Animal Shelter and such support staff as may be necessary in order to maintain the premises. OAHS, its officers, employees, agents and volunteers, shall act in an independent capacity during the term of this agreement and not as officers, employees, agents or volunteers of the CITY. OAHS shall procure and maintain during the term of this agreement, Workers’ Compensation Insurance prescribed by the laws of the State of Wisconsin. C. OAHS shall maintain the following services on a twenty-four (24) hour basis: 1. Retrieve and transport animals upon the request of the Oshkosh Police Department. OAHS will only respond if request is authorized by the Shift Commander. In addition OAHS shall maintain the following services during its normal business hours which are Monday, Tuesday and Wednesday, from 8:00AM to 6:00PM; Thursday and Friday from 8:00AM to 6:00PM, Saturday 8:00AM to 3:00PM, Sunday and holidays excepted: 1. Pick up stray animals. 2. Redemptions by public only during business hours. 3. Respond to citizen questions and complaints and involve the Oshkosh Police Department and/or Winnebago County Health Department as appropriate. 4. Schedule and select owner surrendered animals. D. The listed hours may be changed under mutual agreement between the OAHS and the Oshkosh Police Department. E. OAHS shall have the sole responsibility and authority for the care, treatment, and adoption of retrieved, surrendered or impounded domestic animals within the laws of the State of Wisconsin and the City of Oshkosh. Domestic animals shall include all animals or fowl permitted in the City under the provisions of Chapter 6 of the Municipal Code. In addition OAHS and the City will work together to find alternative impoundment facilities appropriate for the particular animal. F. OAHS shall have the discretion to set and establish non-monetary criteria for the adoption, retrieval, redemption, and impoundment of domestic shelter animals. This criteria may be subject to modification or change. G. All stray dogs and cats received by OAHS shall be held a minimum of seven (7) days unless claimed by the owner or owner’s agent. OAHS shall be entitled to charge the owner of said animal a reasonable fee for housing such animal. An animal that has been determined to be not adoptable shall be held a minimum of (7) days. H. During business hours, OAHS shall cooperate with the police when impoundment is necessary because of excessive barking or other violation or nuisances, and shall assist with other complaints as requested and in cooperation with the City of Oshkosh Police Department and Winnebago County Health Department. I. OAHS shall issue dog and cat licenses for animals adopted or redeemed at the shelter facility for the appropriate fee and the convenience of pet owners and shall provide the CITY with monthly remittances of original copies of the licenses issued, income from the licenses, and monthly reports detailing the number and type of retrievals. OAHS shall also provide the CITY on a monthly basis a list of the licenses, by number, including the amount and type of license. J. OAHS shall determine which domestic animals retrieved and impounded by OAHS shall be humanely euthanized, and only authorized OAHS personnel or a licensed veterinarian may so euthanize a shelter animal. OAHS shall dispose of euthanized or deceased animals in a sanitary and humane manner. K. OAHS shall cooperate with CITY’s Police Department and Winnebago County Health Department in the impoundment of animals which have bitten a member of the public. Animals impounded at the Shelter facility will be quarantined for a minimum of a ten (10) day period in accordance with the State Rabies Control Program 95.21 Wis. Stats. In such cases OAHS shall arrange for three examinations by a licensed veterinarian, and shall be entitled to charge its standard rates for such services. The animal’s owner shall be responsible for the costs and expenses of impoundment. L. OAHS shall arrange for rabies specimens in cooperation with the Winnebago County Health Department when necessary in accordance with the State Rabies Control Program 95.21 Wis. Stats. M. OAHS at their discretion shall arrange for the transport or euthanasia of injured or retrieved wildlife during business hours. OAHS will not provide capture services for such animals. III. FEES. The CITY shall pay to OAHS a yearly fee of Ninety Nine Thousand Nine Hundred dollars ($99,900.00). This will be paid on a monthly basis. Yearly charges under this agreement shall not exceed Ninety Nine Thousand Four Hundred dollars ($99,900.00). This amount shall be increased on January 1 of each year of this contract by 2.5%. In the event that the animal is claimed by owner, OAHS shall require a dog or cat license and proof that the animal is currently immunized against rabies or presentation of a pre-paid receipt from a veterinary clinic before release of an animal to its owner. OAHS shall cooperate with the Oshkosh Police Department when impoundment is necessary due to charges referred and/or pending through the District Attorney’s office. The City Attorney’s office agrees to act in a reasonable time and manner on behalf of the OAHS in all cases that are referred and/or pending through the District Attorneys office to garner bonding or other payment by the owner pursuant to Wisconsin State Statute 173. OAHS shall maintain documentation on each animal retrieved or impounded under the terms of this agreement. Such records shall include all pertinent information relative to the animal, including but not limited to: type of animal, retrieval location, disposition of the animal, fees collected from the animal’s owner, fees collected from any other person for the animal. The following additional income designated for operation of the Oshkosh Animal Shelter shall be distributed to OAHS for its operations: A. That portion of the licensing fee for dogs and cats collected by the CITY that remains with the CITY. Such amount shall be remitted within thirty (30) days of reconciliation. This amount does not include any amount currently reimbursed from Winnebago County and designated for the Police Pension fund or the Sundry Revenue Account. All funds received by the CITY from any third party for the benefit of the Oshkosh Area Humane Society shall be administered by the City of Oshkosh consistent with the obligations of law and the wishes of the donor, if specified. IV. PHONE LINES. OAHS shall have authorized use of Centrex lines for phone service as such service may be available through the CITY. OAHS shall be billed for the actual costs of such service. V. FUEL FOR SERVICE VEHICLE(S) OAHS shall be authorized to use the CITY pumps for fueling purposes for service vehicles and will be billed the actual cost for fuel on a monthly basis. VI. RIGHT TO CONTRACT. OAHS shall have the exclusive right to contract with surrounding municipalities for retrieval, redemption, and impoundment services that may be needed by such municipalities for a fee. OAHS has the absolute discretion to determine, set and establish such fees and all fees so collected shall inure to the benefit of OAHS alone. VII. EARLY TERMINATION. OAHS and the CITY shall have the right to terminate this agreement without cause upon 60 days prior written notice to the other party. In the event either party has good cause for termination, the termination shall take place after either party has the opportunity to cure any deficiency within fifteen (15) calendar days of written notice thereof. If such deficiency is not cured within those fifteen (15) days, this agreement may be terminated on written notice from either party to the other. Good cause shall be established by a breach of the terms of this agreement. VIII. RENEGOTIATION. This contract or any part thereof must be renegotiated in the case of: 1. Changes required by Federal law or regulations, state law or regulations, or court action; 2. A substantial, significant, burdensome and unforeseen circumstantial change that would create a significant and substantial hardship for either party if the terms of this agreement were enforced as written, or would detrimentally affect the welfare of the animals at the Shelter or the law enforcement responsibilities of the CITY. IX. MISCELLANEOUS PROVISIONS. A. Nothing contained in this agreement shall constitute or be construed a partnership or a joint venture among the parties. B. This agreement cannot be changed or modified except in writing and signed by the duly authorized agents of the parties. C. Headings contained in this agreement are for convenience of reference only and are not intended to define, limit, or describe the scope or intent of any provision of this agreement. D. Notwithstanding any provisions to the contrary, it is agreed that none of the obligations contained in this agreement shall run to or be enforceable by any party other than the party to this agreement. E. This agreement constitutes all of the agreements and understandings of whatever nature or kind existing between the parties with respect to the subject matter hereof. F. If any term, covenant, condition or provision of this agreement shall be invalid or enforceable, the remainder of this agreement shall not be affected thereby, and each term, covenant, condition and provision shall be valid and be enforceable to the fullest extent permitted by law. G. Failure of either party to insist upon the strict performance of terms and provisions of this agreement, or any of them, shall not constitute or be construed as a waiver or relinquishment of that party’s right to thereafter enforce such term or provision, and that term of provisions shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed or caused this agreement to be executed by their duly authorized officers on the date first written above. CITY OF OSHKOSH By: ____________________________ _________________________________ Mark A. Rohloff, City Manager Pam Ubrig, City Clerk ____________________________________ Russ Van Gompel, Director of Finance Approved by: ________________________________ Lynn A. Lorenson, City Attorney OSHKOSH AREA HUMANE SOCIETY, INC. By: ______________________________ , President