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HomeMy WebLinkAbout09-20JANUARY 27, 2009 09 -20 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE EXTENSION OF SERVICES AGREEMENT OSHKOSH AREA HUMANE SOCIETY, INC. (up to $74,395.00) INITIATED BY: CITY ADMINISTRATION WHEREAS, the City has a Purchase of Services Agreement with the Oshkosh Area Humane Society for provision of services related to animals within the City of Oshkosh which expires January 31, 2009; and WHEREAS, it is necessary to extend this agreement to provide for the continuation of animal services. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to execute and deliver extensions to the Purchase of Services Agreement with the Oshkosh Area Humane Society, Inc. for a period not to exceed one year on substantially the same terms as the current Purchase of Services Agreement, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. TO: Honorable Mayor and Members of the Common Council FROM: Paul Spiegel, Director of Health Services DATE: January 23, 2009 RE: Approve Extension of Services Agreement with Oshkosh Area Humane Society Inc BACKGROUND The City of Oshkosh and the Oshkosh Area Humane Society (OAHS) has, for a number of years, entered into consecutive mutually beneficial agreements relating to the operation of the Animal Shelter. The most recent agreement became effective February 1, 2007, and is scheduled to expire on January 31, 2009. In anticipation of the ending of this contract, the City and the OAHS initiated communications regarding a new contract in the Fall of 2008. Unfortunately, various events, including the holidays, have prevented detailed discussions regarding potential contract changes suggested by both parties for a new contract which may be presented to the Council before the expiration of the existing contract. The contract as it exists has been generally positive for the City, and we understand that it has been generally positive for OAHS. Nevertheless, both City staff and OARS wish to further discuss ways in which their relationship as well as service to the community can be enhanced. Because timing is the primary factor creating this issue, we are requesting that Council authorize City officials to execute all paperwork necessary to extend the existing contract for up to one (1) year with substantially the same terms from the expiration of the current contract. It is hoped that a new contract will be submitted for Council review well before another year passes, but in the interest of caution, staff requests approval of an extension period up to one year. ANALYSIS While certain terms of the agreement with OAHS may be changed, the existing contract is beneficial to the City for an additional short period of time, particularly in light of the alternative of having no contract in effect. A copy of the existing agreement is attached. FISCAL IMPACT The existing agreement contains a term which increases the City's financial obligation by 2.5% each year. This line item is located in the Oshkosh Police Department budget. The OPD's 2009 b!idget anticipated such a change and therefore incorporated the increased amount ipits 2009 budget as was approved by Council. RECOMMENDATION Staff recommends approval of Resolution 09 -20 authorizing City officials to extend the Purchase of Services Agreement with the Oshkosh Area Humane Society for a period not to exceed one year on substantially the same terms. Approved 0 Ja son R. nney Dir for of mmunity Development Approved M k A. Rohloff City Manager PURCHASE OF SERVICES AGREEMENT e a x=07 L 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 COAHS "). The term of this agreement is February, 1, 2007 to January 31, 2009. II. OAHS RESPONSIBHXMS. A_ OARS 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. OARS 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, Wednesday, Thursday, Friday from 8:OOAM to 6:OOPM, Saturday 8:OOAM 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 Health Services Division as appropriate. 4. Schedule and receive owner surrendered animals. D. 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 5 of the Municipal Code. In addition OARS and the City will work together to find alternative impoundment facilities appropriate for the particular animal. E. 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. F. All stray dogs and cats received by OARS 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. G. 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 Health Services Division. H. OARS 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. I. 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. J. OAHS shall cooperate with CITY's Health Division and Police 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 OARS 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.. K. OARS shall arrange for rabies specimens in cooperation with CITY's Health Division when necessary in accordance with the State Rabies" Control Program 95.21 Wis. Stats. L. 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 $70,626.00. This will be paid on a monthly basis. Yearly charges under this agreement shall not exceed seventy thousand six hundred twenty -six dollars ($70,626.00) in the aggregate. This amount shall be increased on February 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. OARS 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 parry for the benefit of the Oshkosh Animal Shelter 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. OARS 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. VEHICLE The 1993 GMC Sonoma 4x4 pick -up truck which is titled in the name of the City of Oshkosh and is currently being used by OAHS shall be transferred to OAHS. The City of Oshkosh shall have no responsibility for the care, maintenance or replacement of such vehicle. OARS shall be authorized to use the CITY pumps for fueling purposes and will be billed the actual cost for fuel on a monthly basis. VL 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 OARS alone. VIL EARLY TERMINATION. OARS 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. NUSCELLANEOUS 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 bylaw. 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. H. Any dispute between the parties shall be settled by arbitration under Wisconsin Statute 788 at a hearing to be held in Oshkosh, Wisconsin. 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 r By: ! 4A L� Richard A. Wollangk, City Manager Pam Ubrig, City Clerk Edward Nokes, Director of Finance Approved by: renson, y Attorney OSHKOSH AREA HUMANE SOCIETY, INC. By: Bob Cogliane e, resident