1g. 1997 Animal Control Contract.CITY OF U
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO:. Mayor & City Council
Don Ashworth, City Manager
FROM: Scott Harr, Public Safety Director
DATE: August 28, 1996
SUBJECT: 1997 Animal Control Contract
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As we do annually, I would appreciate the Council's considering entering into yet another year's
animal control contract with the cities of Victoria, Shorewood, Tonka Bay, Greenwood and
Excelsior.
This relationship continues to benefit all concerned, but I have explained to them that as
Chanhassen continues to grow with commensurate calls on our CSO's in Chanhassen for more
and more service, that the time is approaching when Chanhassen will have to decide whether it is
able to continue contracting at all, or if additional personnel or perhaps an animal control
specialist(s) will need to be hired.
In consulting with Finance Director Pam Snell and the City Manager, it was determined that a
2% % increase would continue to cover our increased expenses while insuring that a benefit
continues to be provided to Chanhassen in the forms of revenue that helps pay for a Community
Service Officer and most of the vehicle use, as well as the portion used of uniforms and other
costs.
RECOMMENDATION: It is the recommendation of staff that the Council endorse this contract
for 1997.
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ANIMAL CONTROL CONTRACT
This agreement made this day of , 19_, by and
between the City of Chanhassen, hereinafter referred to as
"CHANHASSEN "; and the City of SHOREWOOD, hereinafter referred to as
SHOREWOOD, witnessetha
In consideration of the covenants and agreements hereinafter set
forth, it. is mutually agreed by and between the parties hereto as
follows;
1. This agreement shall be effective as of January 1, 1997, and
shall continue in effect until December 31, 1997, unless
cancelled pursuant to this agreement.
2. CHANHASSEN agrees to patrol the public streets of SHOREWOOD, in
accordance with a schedule provided by CHANHASSEN, agreed upon
by SHOREWOOD. If necessary, CHANHASSEN agrees to transport
animals as it deems appropriate. CHANHASSEN will, at the
completion of each regular patrol or as soon as reasonably
possible, in the City of SHOREWOOD, give a written statement to
the South Lake Minnetonka Public Safety Department setting
forth a description of all animals impounded including breed,
color, weight, name of owner, mane of animal, if known, and
point of collection by the patrol officer. CHANHASSEN will
also attempt to notify South Lake Minnetonka Public Safety
Department prior to impounding any animal.
3. CHANHASSEN agrees to provide personnel and equipment to provide
animal control services. Said employees shall perform their
duties in proper attire, utilizing a marked Chanhassen Public
Safety vehicle whenever available. These employees shall be in
uniform or have City of Chanhassen identification.
4. SHOREWOOD shall authorize CHANHASSEN to apprehend and retain
domestic animals and /or issue citations or warnings for
violations of city ordinances. Wild animals shall only be
dealt with pursuant to CHANHASSEN'S policy regarding wild
animals if the animal is presenting dangers of personal injury
or significant property damage. However, C shall not
invade private property contrary to the wishes of the owner of
said property, nor forcibly take an animal from any person
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Animal Control Contract
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without the approval and assistance of a peace officer having
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jurisdiction in that city.
5.
In addition to regularly scheduled hours of patrolling,
CHANHASSEN agrees to respond to "emergency call- outs" from
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SHOREWOOD. CHANHASSEN will have an officer scheduled to
respond to such call - outs, -to be billed to SHOREWOOD at a rate
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of time and one -half per hour with a minimum of two hours.
CHANHASSEN shall respond at the earliest opportunity to such
requests, including bite cases or injured animals, as deemed
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appropriate by CHANHASSEN. There may be occasions when an
animal control officer will not be immediately available, in
which event the response will occur at the earliest
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opportunity.
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An "emergency call -out" is defined as a specific request for
animal control service during times that an officer is not on
duty. If a Chanhassen Animal Control Officer is on duty, even
though not assigned to SHOREWOOD, said officer will respond,
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applying the time to the regular schedule (so that this would
not be considered an emergency call -out). If deemed
appropriate by the Chanhassen officer on call, a situation may
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be dealt with over the phone, in which case no fee will be
charged.
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6.
CHANHASSEN agrees to coordinate services with the Chanhassen
Veterinary Clinic, 440 West 79th Street, Chanhassen, MN, 55317,
as long as this arrangement is agreeable with the Chanhassen
Veterinary Clinic.
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7.
CHANHASSEN shall furnish monthly reports to SHOREWOOD
reflecting the charges for such veterinary fees as well as
patrol and emergency call -out fees, which each city agrees to
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pay CHANHASSEN within 30 days of being billed.
8.
When an animal is impounded by CHANHASSEN pursuant to this
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animal control contract, said animal shall be held in
accordance with Minnesota Statute 35.71. This statute
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includes, among other things, that impounded animals will be
held for at least 7 "regular business days" (as defined by MN.
Stat. 35.71, Subd. 3). In the event that any impounded animals
Animal Control Contract
Page 3
are unclaimed after a maximum of 7 days (5 "regular business
days ", and possibly 2 partial days), the animal becomes the
sole responsibility of the Chanhassen Veterinary Clinic to be
placed or disposed of at their discretion.
9. CHANHASSEN shall maintain reports on Chanhassen forms, or
utilize specific forms as requested by SHOREWOOD. A monthly
report of activity shall be provided to SHOREWOOD.
10. The City of CHANHASSEN will indemnify and hold harmless
SHOREWOOD for claims, suits, actions, damages and loss arising
out of the negligence or misconduct of the City of CHANHASSEN
in conjunction with this agreement.
11. SHOREWOOD agrees to pay CHANHASSEN for services in the
performance of this contract, pursuant to Paragraph 15 of this
contract, as follow:
A) Price per hour for scheduled patrol
based on actual time in service ....................$29.91
B) Price per emergency call- out .............2 hour minimum at
time and one-half per hourly rate. (Minimum call out fee
$89.°73)
C) Impound, boarding, euthanasia, disposal and any other
veterinary fee, as charged by the veterinary clinic.
D) Price per deceased animal disposed of by the City of
CHANHASSEN . .............. .........................$10.0
E) It is agreed that if the designated boarding facility or
euthanasia /disposal service is unavailable, SHOREWOOD shall
authorize CHANHASSEN to obtain these services elsewhere,and
SHOREWOOD shall pay CHANHASSEN the rates of the alternative
facility.
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Animal Control Contract
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12. SHOREWOOD shall pay any veterinary bill incurred for unclaimed
animals impounded from SHOREWOOD. Owners claiming their
animals shall be charged the veterinary bill in its entirety,
including impound fees.
13. All payments shall be made by SHOREWOOD upon receipt of monthly
statements from CHANHASSEN within 30 days.
14. Because this is a joint effort involving the cities 'of
SHOREWOOD, VICTORIA, EXCELSIOR, TONRA BAY, GREENWOOD and
CHANHASSEN, it is agreed upon that any modifications to, or
withdrawals from this contract shall require the written
authority of each party. SHOREWOOD agrees that in the event
that one or more parties seek such change, including
withdrawing form the contract, said party (or parties) shall
remain obligated to pay for their agreed upon number of
contract hours unless otherwise agreed to by all parties
pursuant to this Paragraph for the remainder of the year.
15. SHOREWOOD further agrees that the fees reflected in this
contract are in effect only for the calendar year 1997.
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16. Under no circumstances shall CHANHASSEN be obligated to respond
to any request for assistance or to patrol when, in the sole
discretion of the Chanhassen Public Safety Director or his duly
authorized agent, any one of the following conditions exist:
(1) when necessary personnel and /or equipment are engaged
elsewhere, (2) when road or weather conditions constitute a
hazard, (3) when providing assistance would expose any person
to unreasonable risks.
17. The time and manner in which service is rendered, the standard
of performance and the control of personnel employed to render
such service shall be determined by CHANHASSEN. CHANHASSEN
reserves the right to alter scheduling should conflicts arise
(i.e. CSO schooling, illness, vacation, etc.).
18. CHANHASSEN agrees to patrol the public streets of SHOREWOOD and
respond to animal control calls during regular patrol hours
pursuant to this agreement in SHOREWOOD ten (10) hours per
week.
Animal Control Contract
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CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
AND:
Don Ashworth, City Manager
CITY OF SHOREWOOD
BY:
Mayor
AND:
Clerk
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