Loading...
HomeMy WebLinkAbout25-172 Resolution No. 25-172 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MIDWEST VETERINARY HOSPITALS, PLLC, D/B/A GOLF ROSE ANIMAL HOSPITAL FOR ANIMAL SHELTER SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Midwest Veterinary Hospitals, PLLC, dlb/a Golf Rose Animal Hospital, for animal shelter services, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: October 8, 2025 Adopted: October 8, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk • AGREEMENT FOR ANIMAL SHELTER SERVICES THIS AGREEMENT is hereby made and entered into this 8th day of October 2025, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Midwest Veterinary Hospitals, PLLC, a Michigan professional limited liability company d/b/a Golf Rose Animal Hospital,located at 51 Remington Road,Schaumburg,IL 60173 (hereinafter referred to as"Service Provider"or"Golf Rose"). WHEREAS,the Municipality has adopted certain ordinances for impounding stray animals (for the purpose of this Agreement a"stray animal"is defined as any animal brought to Golf Rose by the City for holding);and WHEREAS, Golf Rose provides a 24-hour Veterinary Service and Animal Boarding, 365 days a year;and WHEREAS,the City desires to designate Golf Rose as a holding facility for stray animals under the terms of this Agreement;and WHEREAS, Golf Rose desires to serve as a City holding facility for stray animals under the terms of this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the Parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase and Service Provider shall provide the goods and/or services to the City as described in the Scope of Services,attached hereto as Attachment A and incorporated herein by reference(the "Subject Services"). 2. TERMS AND CONDITIONS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A. In the event of any conflict between any of the terms and provisions this Agreement and Attachment A the terms and provisions of this Agreement shall supersede and control. 3. LAW/VENUE. This Agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Service Provider hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights,the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof;and Service Provider agrees that service by first class U.S. mail to Midwest Veterinary Hospitals, PLLC, 20450 Civic Center Drive, Southfield, MI 48076-4135, shall constitute effective service. The Parties hereto waive any rights to a jury. 1 4. NO MODIFICATION. There shall be no modification of this Agreement,except in a writing instrument executed by both Parties with the same formalities as the original Agreement. 5. MERGER. This Agreement embodies the whole Agreement of the Parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or Agreements, either verbal,written or implied between the Parties hereto. 6. INTEREST. Service Provider hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement,and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act(50 ILCS 505/1, et seq.),as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 7. SEVERABILITY. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this Agreement shall remain in full force and effect. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, Service Provider shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety, nondiscrimination and legal status of employees. 9. COUNTERPARTS AND EXECUTION. This Agreement may be executed in counterparts,each of which shall be an original and all of which shall constitute one and the same Agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email,or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine,email,or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 10. TERM. This Agreement shall be effective commencing on the date of its execution, and shall thereafter continue through December 31, 2027, unless otherwise terminated as provided herein. Notwithstanding any other provision hereof, either party may terminate this Agreement at any time upon thirty (30) days prior written notice to the other party. In the event this Agreement is so terminated,the Service Provider shall be paid for services actually performed, and reimbursable expenses actually incurred prior to termination, 11. PAYMENT. City shall pay the Service Provider for the Subject Services as provided in Attachment A and in accordance with the Stray Animal Fee Schedule,attached hereto as Attachment B and incorporated herein by this reference. Such payment shall be made within thirty(30)days of the provision of the Subject Services or the City's receipt of invoice,whichever 2 is later. The City of Elgin is a tax-exempt governmental entity. 12. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this Agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 13. TRANSFER OF TITLE/RISK. Transfer of title,and risk of loss shall pass to the City upon delivery of the goods. 14. INDEMNIFICATION. To the fullest extent permitted by law, Service Provider agrees to and shall indemnify, and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims,suits,judgments,costs,attorney's fees,damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Service Provider or Service Provider's officers, employees, agents or subcontractors in the performance of this Agreement, including but not limited to,all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers,employees, agents, boards or commissions covered by the foregoing duty to indemnify and hold harmless,such action shall be defended by legal counsel of the City's choosing. 15. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer's warranties,warranties of merchantability, and warranties of fitness for a particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories,components, and services to the benefit of the City. 16. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. 17. WAIVER. Neither party hereto shall be responsible for any consequential, indirect,punitive or incidental damages for any reason whatsoever.Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute,and shall not be construed as,a waiver of any such rights. 18. LIMITATION OF ACTIONS. The Parties hereto agree that any action by the Service Provider arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. 19. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 20. NONDISCRIMINATION.The Service Provider will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status,sexual orientation,or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The Service Provider will take 3 affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. The Service Provider will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants, and subcontractors. The persons signing this Agreement certifies that s/he has been authorized by the Service Provider to commit the Service Provider contractually and has been authorized to execute this Agreement on its behalf. IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. GOLF ROSE ANIMAL HOSPITAL CITY 0 LGIN ,..117,In►•-•1 1 O IA.// ri Apr Richard G. Kozal, City Manager Attest: Sign: . • fcuf AA a,„/Ac Title Lty Clerk Legal Dept\Agreement\Golf Rose Animal Shelter Agr-7-30-25 docx 4 ATTACHMENT A SCOPE OF SERVICES 1. Acceptance of Animals by Service Provider A. Service Provider agrees to accept each stray dropped off by the City, provided that space is reasonably available and there are no other reasonable grounds for denying access. B. Service Provider shall notify the City within a reasonable time of learning that its space is unavailable for the acceptance of any stray and thereafter, within a reasonable time after space again becomes available. C. Service Provider shall provide the City with 24-hour access to its facilities in order to drop off strays. D. The City makes no representations or warranties about the health, condition, or temperament of any stray dogs that it impounds at Golf Rose Animal Hospital ("Golf Rose"). 2. Humane Care A. Service Provider shall provide humane care for each stray dropped off by the City while in its care which care shall include proper food,water,medical treatment(if necessary) and shelter. B. Service Provider shall provide all strays with parasite control and prevention upon entry into the facility. The type of parasite control shall be determined based upon; species, breed, age and presentation; as well, if parasites are evident upon impoundment. All parasite control shall be approved by the FDA or EPA for use on domestic animals. C. Service Provider shall provide a distemper vaccination to those animals determined to require such vaccination based upon health,age and presentation upon arrival. D. Any medical care provided to a stray by Service Provider shall be prescribed in accordance with The Humane Care of Animals Act and the Animal Welfare Act. 3. Notification of Owners A. When receiving a stray from the City where the owner has not been identified by the City,Service Provider shall attempt to identify the owner by examining any tag or other owner identification on the stray and scanning for any microchip on the stray. B. If an owner is identified,Service Provider shall notify the owner that they have physical custody of the owner's stray. Service Provider shall document all notification of owners and shall maintain such documentation with the stray report. C. Upon request,owner information will be provided to the City. 4. Holding Periods A. Normal healthy strays will be held for a seven(7)day period,beginning upon the first day of impoundment. B. Service Provider may humanely euthanize a stray before the holding period expires only when a veterinarian determines it is medically necessary to do so. C. At the end of the seven (7)day holding period, if the owner has not been located or if the owner has been notified and has not made arrangements to retrieve the stray, the stray will be evaluated by an adoption agency to determine adoptability. If the agency deems the stray is adoptable it shall be transferred to the custody of the agency(space permitting). If a stray is deemed unadoptable, the stray will be humanely euthanized provided no other alternative exists to adopt the animal to new owners. 5. Ownership Redemption of a Stray A. In order to claim a stray that has been dropped off by the City, the owner shall be required to: a. Pay Service Provider any costs associated with its stay and care at Golf Rose; and b. Meet all requirements of claiming a stray under the City ordinance applicable at that time. This shall include the payment of any City fees associated with the impoundment; and c. Meet all requirements of claiming a stray under the Illinois Animal Control Act: and d. Claiming the stray before the applicable holding period expires. B. For any stray that requires an updated Rabies vaccination (to make current), Service Provider shall issue the stray's owner written notification of that requirement, and a copy of that notification shall be sent to the county of the owner's last known address. If the stray requires rabies vaccination,the stray shall not be released to an owner unless vaccinated. 6. Fees and Expenses A. Service Provider shall invoice the City monthly for strays that are not claimed. according to the following fee schedule: a. Daily boarding fee(MINIMUM of seven (7)days boarding; up to fourteen (14) days boarding). b. Vaccination(distemper)per stray. c. Parasite control and prevention per stray. B. The City shall budget in medical costs per sick or injured stray that is brought to Golf Rose. The amount of$500 will be available per animal, if needed to stabilize or treat an immediate concern by a licensed veterinarian. In the event the estimated or actual costs would exceed $500, Golf Rose will contact the City to get express authorization to incur any costs in excess of$500 or determine if humane euthanization is the better option. Any animal presented to Service Provider injured, diseased, or in ill condition shall be examined by and, if feasible, treated by a licensed veterinarian as soon as possible to ensure the animal is stabilized, in accordance with state law. Service Provider will not in good faith have an animal in their custody suffering. C. Claimed strays shall not be charged to the City unless such charges were discussed with and approved by the City in advance. The State of Illinois mandates owners claiming pets are responsible for any fees incurred during the impoundment. D. For a stray that is subject to any legal proceeding, the daily boarding charge plus reasonably necessary medical fees and expenses shall apply. The daily boarding fee will apply per day until the legal hold is taken away. E. Invoices shall be sent to: Elgin Police Department, Attn: Finance Department, 151 Douglas Avenue, Elgin, IL 60120. F. The parties' rights and obligations under this section relating to invoicing and payment will survive any termination of this agreement. G. In the event that City makes payment in any amount pursuant to Section 6.A above and the owner of the animal subsequently claims the animal and makes duplicate payment, the Service Provider shall reimburse City for such amounts previously paid. 7. Records A. Service Provider shall maintain reasonable records to account for all strays dropped off by the City. These records shall include a description of the stray, the tag number; if available, the date the City dropped off the stray, any attempts to identify the owner under this agreement,the City report number,and written documentation of any notice by telephone or mailed to the owner. B. The parties' rights and obligations under this section will survive any termination of this agreement. C. Service Provider shall post pictures to their social media accounts if a stray is not claimed within the first 5 days. ATTACHMENT B STRAY ANIMAL FEE SCHEDULE 2025 2026 2027 Boarding Prices Dog daily boarding $49.00 $51.45 $54.00 Cat daily boarding $32.60 $34.25 $36.00 Euthanasia, Cremation, Disposal Cats $124.25 $130.50 $137.00 Small Dogs, Large Wild Animals $124.25 $130.50 $137.00 Medium Dogs $124.25 $130.50 $137.00 Large Dogs $124.25 $130.50 $137.00 Disposal Cats $86.50 $91.00 $95.50 Small Dog, Lg. Wild Animals $86.50 $91.00 $95.50 Medium Dogs $86.50 $91.00 $95.50 Large Dogs $86.50 $91.00 $95.50 Upon Arrival Euthanasia without Boarding $151.50 $159.00 $167.00 Disposal without Boarding $1 13.50 $1 19.00 $125.00 Parasite Control Imidacloprid $25.25 $26.50 $27.75 Fipronil/(S)-Methoprene $25.25 $26.50 $27.75 Permethrin/Imidacloprid $25.25 $26.50 $27.75 Milbemycin $25.25 $26.50 $27.75 Nitenpyram $25.25 $26.50 $27.75 Selamectin $25.25 $26.50 $27.75 Lufenuron $25.25 $26.50 $27.75 Dinotefuran/Pyriproxyfen/Permethrin $25.25 $26.50 $27.75 Etofenprox/Piperonyl Butoxide $25.25 $26.50 $27.75 Vaccinations Feline Booster $31.25 $32.75 $34.00 Canine Distemper $31.25 $32.75 $34.00