Loading...
HomeMy WebLinkAbout14. 16-54FEBRUARY 9, 2016 16-54 RESOLUTION (CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AGREEMENT WITH OSHKOSH AREA HUMANE SOCIETY, INC., FOR ANIMAL SHELTER SERVICES 2016 – 2018 ($88,200.00) 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 2016, toward the first year of this Agreement, in the amount of Eighty-Eight-Thousand- Two-Hundred Dollars ($88,200.00); 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 Eighty- Eight-Thousand-Two-Hundred Dollars ($88,200.00) 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 directed to take those steps necessary to implement the terms and conditions of the Agreement. Acct. No. 100-0214-6430-00000 General Fund – Animal Care CITY HALL 215 Church Avenue P. O. Box 1130 Oshkosh,54902-1130 City of Oshkosh OJHKO.IH TO: Honorable Mayor and Members of the Common Council FROM: Chief Dean Smith, Oshkosh Police Department Lynn A. Lorenson, City Attorney DATE: February 4, 2016 RE: Approve Agreement with Oshkosh Area Humane Society, Inc., for Animal Shelter Services 2016-2018 ($88,200.00) 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 2007 to 2009 and was then extended for an additional year to the end of January 2010. Prior to the consolidation of the Health Services Division with Winnebago County, the then Health Director and Police Chief had begun negotiation of a successor agreement. At that time the parties wanted to gather additional information and discuss other potential changes to the agreement. Beginning in 2010 and 2011 discussions focused on the consolidation of the Health Services Division with Winnebago County and in early 2012 the City and Winnebago County entered into an agreement merging the City Health Services Division with the Winnebago County Health Department. Upon consolidation, responsibility for the agreement with the shelter shifted entirely to the Police Department. Prior to his retirement, Chief Greuel negotiated a new purchase of services agreement with the Oshkosh Area Humane Society, Inc. covering the period from January 1, 2016 through December 31, 2018. 1 ANALYSIS The working relationship between the Oshkosh Area Humane Society and the City of Oshkosh has been longstanding and beneficial to both parties.. One of the issues surrounding the renegotiation of the present agreement involved recordkeeping and reporting. Former Chief Greuel worked with the Shelter to establish criteria for reporting of the services provided which will allow the Department to better monitor the proposed agreement. The proposed agreement includes minor changes to the hours of service to conform to the shelter's current hours and to address the consolidation to a county health department. There are no substantial changes to the relationship that the parties have been operating under. The agreement would cover calendar years 2016, 2017 and 2018. Although the Oshkosh Area Humane Society has continued to perform services throughout the time period since the expiration of the one year extension in 2010, they have not actually had an increase in the amount that they are paid for services since February 2009. The new agreement would provide an increase in the amount the City pays for the animal services to eighty-eight thousand two hundred dollars ($88,200.00) for calendar year 2016. This amount was calculated by applying a 2.5% increase annually from the 2009 amount, consistent with the 2.5% annual increases which had been in place under prior agreements. Because the negotiations were in progress, this is the amount that was discussed with the Council during the budget process and included in the 2016 budget. The agreement provides for additional 2.5% increases in 2017 and 2018. FISCAL IMPACT The City would pay eighty-eight thousand two hundred ($88,200.00) for animal shelter services for 2016, which is included in the 2016 budget. The agreement provides for 2.5% increases in the second and third year of the agreements which will need to be included in the 2017 ($90,405.00) and 2018 ($92,665.00) city budgets. RECOMMENDATION Staff recommends approval of the agreement. 2 Respectfully Submitted, Approved:Chief Dean Smith Mark A. Rohloff Oshkosh Police Department City Manager eh /Y/ t i, 0 I Lynn A . Lorenso City Attorney 3 PURCHASE OF SERVICES AGREEMENT 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(`OARS"). The term of this agreement is January 1,2016 to December 31,2018. II. OARS RESPONSIBILITES. 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. OARS shall hire a manager on a full-tune basis to manage the Oshkosh Animal Shelter and such support staff as may necessary in order to maintain the premises. OARS, its officers, employees, agents and volunteers, shall act in an independent capacity during the terra 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. OARS 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 OARS shall maintain the following services during its normal business hours which are Monday, Tuesday and Wednesday,from 8:OOAM to 6:OOPM; Thursday and Friday from 8:OOAM to 8:OOPM, Saturday 8:OOAM to 3:OOPM, Sunday and holidays excepted: I. Pick up stray animals. 1 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. OARS 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. 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 OAHS shall be held a minimum of seven(7)days unless claimed by the owner or owner's agent. OARS 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 Winnebago County Health Department. H. 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. 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 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. K. 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. L. OARS 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. 111. FEES. The CITY shall pay to OAHS a yearly fee of Eighty Eight Thousand Two Hundred dollars($88,200.00). This will be paid on a monthly basis. Yearly charges under this agreement shall not exceed Eighty Eight Thousand Two tl�l Hundred dollars ($88,200.00) in the aggregate. This amount shall be increased on January I 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 OARS in all cases that are referred and/or pending through the District Attorneys office to gainer bonding or other payment by the owner pursuant to Wisconsin State Statute 173. . OARS 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 Animal Shelter shall be administered by the City of Oshkosh consistent with the obligations of law and the wishes of the donor, if specified. W. 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. 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. OARS 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: I. 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 duty 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 Rill force and effect. ej -A kr 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 Pain Ubrig, City Clerk Trena Larson, Director of Finance Approved by: Lynn A. Lorensoii, City Attorney 0 SHK SH A A E SOCII O E /,A1 TY,INC, By: President