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HomeMy WebLinkAbout8850RESOLUTION NO. 8850 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, THE BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO AND THE PUEBLO ANIMAL LEAGUE RELATING TO THE OPERATION AND MANAGEMENT OF THE ANIMAL SHELTER BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement dated November 22, 1999 between the City of Pueblo, a municipal corporation, the Board of County Commissioners of Pueblo County, Colorado and the Pueblo Animal League, a Colorado nonprofit corporation, relating to the operation and management of the Animal Shelter, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: November 22, 1999 ATTEST: 1 i By Dr. Bill Sova Councilperson APPR �ED: President of the City Council RESOLUTION NO. 8850 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, THE BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO AND THE PUEBLO ANIMAL LEAGUE RELATING TO THE OPERATION AND MANAGEMENT OF THE ANIMAL SHELTER BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement dated November 22, 1999 between the City of Pueblo, a municipal corporation, the Board of County Commissioners of Pueblo County, Colorado and the Pueblo Animal League, a Colorado nonprofit corporation, relating to the operation and management of the Animal Shelter, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: November 22, 1999 ATTEST: City C k By Dr. Bill Sova Councilperson APPR VED: �r J President of the City Council AGREEMENT THIS AGREEMENT is entered into this 22 day of November, 1999 by and between THE CITY OF PUEBLO, COLORADO, a Municipal Corporation, hereinafter referred to as " the City ", THE BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO, hereinafter referred to as "the County" and PUEBLO ANIMAL LEAGUE, a Colorado Non - Profit Corporation, hereinafter referred to as "the League "WITNESSETH: WHEREAS the City and the County have adopted policies aimed at providing economical, safe and humane animal treatment and control and have appropriated and budgeted monies necessary to effectuate these objectives; and WHEREAS the League is a non - profit corporation, dedicated to the safe and humane treatment and control of animals, consistent with the policies of the City and the County; and WHEREAS the City and the County now operate an animal shelter and impoundment facility located at 1301 Queens Avenue, Pueblo, Colorado (the "Shelter "); and WHEREAS the League is willing to operate the Shelter on behalf of the City and the County and the parties wish to provide by contract for such services. NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: I. TERM OF THE AGREEMENT. a. The initial term of this Agreement shall be three (3) years, from January 1, 2000 to December 31, 2002, unless sooner terminated as hereinafter provided. b. This Agreement shall automatically terminate on December 31 of any calendar year in which the City Council and Board of County Commissioners have not on or before the 31 of December of such calendar year budgeted and appropriated, specifically with respect to this Agreement, moneys sufficient to pay all financial obligations of the City and County under this Agreement for the ensuing calendar year. c. The term of this Agreement may be extended solely at the option of the City and County for the first renewal term starting January 1, 2003 and for additional renewal terms thereafter, each of one calendar year's duration. The option of the City and County to renew or not to renew this Agreement shall be conclusively determined by whether or not the City Council and Board of County Commissioners have on or before the thirty -first day of December, immediately preceding the commencement of any renewal term, budgeted and appropriated, specifically with respect to this Agreement, moneys sufficient to pay all financial obligations of the City and County under this Agreement for such ensuing renewal term. II. SCOPE OF SERVICES. The League shall perform the following duties pursuant to this Agreement: a. Maintain and operate the Shelter and all physical plant facilities and equipment located therein and provide all personnel necessary for the efficient, effective and humane operation of the Shelter in compliance with all state and local laws. b. Provide competent veterinary medical care for all animals impounded or sheltered at the Shelter through the availability of professional services of a doctor of veterinary medicine licensed to practice in the State of Colorado. c. Maintain and provide all medical supplies, professional instruments and equipment necessary for the efficient, effective operation of the Shelter. d. Accept applications and fees for dog and cat rabies tags, identification tags and maintain records of the same according to the ordinances of the City and ordinances and resolutions of the County. The League shall accept applications and fees and issue tags at the Shelter and arrange for identification tags to be issued at other locations throughout the City and County of Pueblo which are more easily accessible to City and County residents, such as veterinarians offices or pet stores. e. Accept from the City and the County for impoundment, daily and at all times, all dogs, cats and other animals lawfully seized by City or County animal control officers. In addition, the League shall accept stray or abandoned animals brought to the Shelter by the citizens of the City and County of Pueblo, Colorado. The League shall be entitled to collect from the owner or keeper of any such animal, impounded or otherwise, all reasonable and necessary costs associated with providing shelter, boarding or required veterinarian services. f. Establish, keep and maintain a daily register of all animals impounded by City or County animal control officers along with a case history of each animal impounded, all on forms mutually agreeable to the parties of this Agreement. g. The League shall not release or otherwise dispose of any animal impounded at the Shelter unless and until all impoundment periods prescribed by law have been satisfied. h. In the event any animal is held for the purpose of observation for the presence of rabies, the animal shall be held for such time as directed by the animal control officer, which time shall not be less than ten (10) days or such greater time as may be required by state or local law. All shelter or holding fees shall be paid to the League by the owner of any such animal so held for purposes described in this paragraph. i. No animal shall be released by the League to its owner unless all requirements of the local laws of the City and County of Pueblo have been complied with. 2 J. Provide any services, facilities or equipment deemed necessary or appropriate to insure that the Shelter shall be operated in an efficient, effective, humane and economical manner. k. Provide a public education program for residents of the City and County of Pueblo, State of Colorado regarding animal health and welfare, the prevention of cruelty to animals and the prevention of animal over - population. 1. The League shall submit reports on a quarterly basis to the Director of Finance for the City of Pueblo at 1 City Hall Place, Pueblo, Colorado 81003 and to the Pueblo County Director of Budget at 215 W. 10t Street, Pueblo, Colorado 81003, listing the following information in regard to the previous quarter: 1. The number of animals impounded for the City and County; 2. The number of animals brought to the impoundment and shelter facility by citizens of the City and the County; 3. The number of animals adopted for the quarter; 4. The number of animals euthanized at the Shelter including animals euthanized for the City and County; 5. A quarterly financial report showing all receipts and expenditures for the quarter. All such reports referenced above shall be submitted no later than the last day of the month following the end of the quarter. m. The League covenants and agrees that no person on the grounds of race, creed, color, national origin, sex, age, marital status, or mental or physical handicap, shall be excluded from employment or application for employment, or from participation in, or denied the benefit of or be otherwise subject to discrimination in the use of the Shelter or the furnishing of services thereon. n. The League, upon reasonable notice, will allow the Pueblo Police Department and Pueblo County Sheriff to use the Shelter's crematorium for the disposal of seized contraband including controlled substances. III. PAYMENT. In consideration of the performance of the foregoing by the League, the City and the County agree as follows: a. To pay the League for each calendar year of the initial term of this Agreement the sum of One Hundred Fifty -Seven Thousand One Hundred Sixteen and No /100 Dollars ($157,116.00) in twelve (12) equal monthly installments, with each installment to be due and payable within fifteen (15) days after the end of the month for which such installment is owing. b. In the event this Agreement is renewed pursuant to Section I of this Agreement, the City and the County agree to pay the League such sums as the City and the County may in their sole discretion deem proper to operate, maintain, promote and manage the Shelter in fulfilment of its obligations under the terms of this Agreement and to the citizens of the City and the County. 3 c. The League will submit an annual budget for each fiscal year consistent with the budgeting requirements of the City and the County. All budgeted funds disbursed by the City and the County to the League will be made in twelve (12) monthly installments with each installment to be due and payable within fifteen (15) days after the end of the month for which such installment is owing. Although not contractually binding on either City or County, City and County express their intent that each will budget and appropriate one -half of the funds they deem appropriate and necessary. d. To allow the League to retain the impoundment fees collected by the League pursuant to paragraph (e) and (h) of Section II of this Agreement. e. The League shall expend all City and County funds, and all fees, charges and costs collected by the League, in accordance with the approved budget and consistent with this Agreement. f. To allow the League to retain rabies fees collected by the League pursuant to paragraph (d) of Section II of this Agreement. Identification tag revenue shall be used by the League for paying costs incurred by the League as a result of this Agreement, including costs of veterinary care of impounded animals, public education of City and County residents relating to responsible animal ownership, training of the League's employees, costs of operating the identification program, and any other costs incurred by the League as a result of this Agreement. All such fees collected by the League shall be accounted for at the time of submitting the quarterly reports required by paragraph (1) of Section II above. g. It is specifically agreed and understood between the parties that any fines and costs collected by the Municipal Court of the City as a part of any violation of City Ordinances shall be retained by the City and any fines and costs collected by the District or County Courts as a result of any violations of the County's Resolutions or Ordinances shall be retained by the County. h. All fees, charges and costs with respect to any service or facilities provided under this Agreement by League shall be reasonable in relation to the actual costs thereof and the Shelter's operating expenses. No such fee or charge shall become effective until after (1) adoption thereof by League's board of directors, (2) delivery of a copy thereof to City and the County, and (3) posting at the Shelter. City or the County reserve the right to modify such fees, charges and costs, provided notice of such modification is given to League thirty (30) days prior to any official action taken by either the City or the County, and League is given an opportunity to be heard with respect to any such modification. IV. OTHER SERVICES. The League may perform the following additional services so long as the League's performance of these services does not unreasonably interfere with the League's performance of its mandated scope of services set forth above in Section II: a. Provide further services to the public consisting of, but not limited to, spay and neutering of pets, operating a pet adoption program and the boarding of pets (shelter space permitting). The League may charge reasonable fees for these services and may employ sufficient additional personnel reasonably necessary to perform these other services. 0 b. Solicit financial contributions from the general public, private foundations and other sources and generally engage in fund raising for the purpose of supporting the Leagues general services to the citizens of the City and County of Pueblo. V. LIABILITY INSURANCE AND INDEMNIFICATION. The League shall carry Comprehensive Commercial liability insurance including contractual coverage sufficient to insure against acts or omissions of the League, its employees and agents, with a minimum coverage of not less than the amounts set forth in Section 24 -10 -114 C.R.S. or as same may be subsequently amended. In addition, the League shall also provide for its employees worker compensation insurance coverage at the limits required under Colorado law. The City and the County shall be named as "Additional Insureds" under such insurance coverages and the League shall deliver to the City one (1) copy of a certificate evidencing such required insurance from an insurance company acceptable to the City and the County. The League shall protect, indemnify and hold harmless the City and the County, their department and agencies thereof, their officers, elected and appointed, and their employees, servants and agents from any and every action, cause of action, claim or demand of any person, natural or corporate, resulting from or arising out of any negligent act or omission of the League, its officers, employees or agents, relating to the performance of any of the obligations of this Agreement. The League shall not, however, be liable for the acts, claims or demands which may arise from the negligent acts of the City or the County, their officers, elected or appointed, and the departments thereof, nor for acts, claims or demand based upon the operation of the Shelter by the League in compliance with written instructions or orders given to the League by authorized agents of the City or the County. The City's and the County's liability under this Agreement are subject to any notice requirements, defenses, immunities and limitations to liability that the City and the County and their respective officers and employees may have under the Colorado Governmental Immunity Act (Section 24 -10 -101, C.R.S. et sea .) and to any other defenses, immunities, limitations to liability available to the City or County and their officers and employees under the law. VI. CONDITIONS OF THE AGREEMENT. It is further agreed by the parties that the following conditions shall apply to this Agreement. a. BY ENTERING INTO THIS AGREEMENT, NEITHER THE LEAGUE NOR ITS OFFICERS AND EMPLOYEES ACQUIRE ANY STATUS, RIGHTS, OR BENEFITS OF EITHER AN EMPLOYEE OF THE CITY OR THE COUNTY, IT BEING EXPRESSLY UNDERSTOOD AND AGREED THAT THE LEAGUE SHALL PERFORM ALL UNDERTAKINGS AND PROFESSIONAL SERVICES HEREIN PRESCRIBED AND CONTEMPLATED AS AN INDEPENDENT CONTRACTOR. b. That the League shall neither assign any of the rights nor delegate any of the duties imposed upon it under the provisions of this Agreement without having first obtained the written agreement of the City and the County. c. That this Agreement may not be enlarged, modified or altered, except in writing, signed by the parties as an amendment thereto. d. That no waiver of any breach of this Agreement shall be held or construed to be a waiver of any subsequent breach thereof. e. That the only expenditures to be made by the City and the County under and by virtue of this Agreement shall be the payments described in paragraphs (a) and (b) of Section II hereof. f. That this Agreement and the obligations and expenditures of the City and the County are expressly contingent on adequate funds being budgeted and appropriated therefore by the Pueblo City Council and Pueblo County Commissioners. If the funds budgeted and appropriated by the Pueblo City Council and the Pueblo County Commissioners are not adequate for the operation of the Shelter in the opinion of League, League may terminate this Agreement upon thirty (30) days prior written notice given to City and County specifying the date of termination. g. That if any party to this Agreement materially breaches any provision of this Agreement, the non - breaching party shall provide to the breaching party notice of such breach and further provide to the breaching party a reasonable opportunity to correct the breach. If the breach is not corrected within thirty (30) days or such longer period of time as may be reasonable under the circumstances, the non - breaching party may tenminate this Agreement upon notice to the breaching party. In any suit brought to enforce the provisions hereof, the prevailing party may recover its costs and reasonable attorneys fees so incurred. h. The City and the County shall permit the League to use the Shelter and all existing equipment, accessories, parts, tools, furniture, office records and statistics, computers and existing web sites located at the Shelter and described on the attached Exhibit A (the "Equipment "). Such usage shall be at no cost to the League but the League shall exercise all reasonable care to maintain same in good and operating condition. THE SHELTER AND EQUIPMENT ARE TRANSFERRED TO AND ACCEPTED BY LEAGUE IN THEIR PRESENT CONDITION "AS IS" AND "WHERE IS," WITHOUT WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. VII. PERFORMANCE TERMINATION. a. Is hereby agreed by and between the parties that strict and timely compliance with the applicable statutes of the State of Colorado, ordinances and resolutions of Pueblo and County, and the provisions of this Agreement is required; and at the failure of any of the parties to this Agreement to so comply shall be sufficient cause for the non- defaulting party to terminate this Agreement upon written notice to the defaulting party, subject, however, to provisions of paragraphs (g) of Section VI above. b. The League agrees to make its financial records available when requested to the City and the County for the purposes of conducting an audit or for the purpose of reviewing the League's performance of the terns of this Agreement. Such audit or review shall be conducted during normal business hours of the League and conducted on the League's premises. 6 c. The League shall cause an independent audit to be performed by a competent external auditor ever odd numbered year of this Agreement during the final quarter at the sole costs of the League. The auditor shall perform an audit of the League to determine its compliance with the terms of this Agreement and submit its finding to the City and the County at the end of the year of the audit. VIII COUNCIL APPROVAL. This Agreement shall not go into effect unless and until the sole source procurement of these services from the League has been approved by resolution by the Pueblo City Council and the Pueblo County Commissioners. IX. SEVERABILITY. In the event any provision of this Agreement shall be held invalid or unenforceable by any Court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. This Agreement shall be binding on and inure to the benefit of the heirs, successors, and assigns of the parties hereto subject to the provision of paragraph (b) of Article VI. X. LEAGUE WARRANTIES. The parties executing this Agreement on behalf of League warrant and represent that they and League have been duly authorized to execute and deliver this Agreement in the name of League and that this Agreement is a legal and binding obligation of League enforceable against League in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year written below. (SEAL) .ATTEST: Flu ►.� CITY OF PUEBLO, COLORADO, a Municip (�orporation� President of the City Council COUNTY OF PUEBLO, COLORADO, � (SEAL) ATTES : County lerk (SEAL) ATTEST: Secretary APPROVED AS TO FORM: PUEBLO CITY ATTORNEY B C 0. /A wW (-- T-'haNC erson of the e Board f County Commis PUEBLO ANIMAL LEAGUE President Exhibit A Description Ouanti Animal Pens, 17 unit assembly for 14' Ward 1 Cabinet, 4 drawer, letter size filing 4 Cat housing unit — plan 93 1 Cages, Stainless Steel (4 Bank) 2 Cages, Stainless Steel (2 Bank) 1 Chairs, Swivel, DMO 3 Chairs, Metal with Brown Vinyl 9 Computer, NEC Ready 1 Cremation System 1 Desks 2 Dryer, Grooming 1 Insect Control Unit, Electrical, Flying Model E200 6 Microwave 1 Monitor, NEC Ready SVGA 1 Mower, Signature, 16 HP /42" Tractor with Blade 1 Pole, "Ketch -all" — 4 Foot 2 Refrigerator, Small 2 Restraint, Large Animal 1 Restraint, Small Animal 1 Safe, 1.0 cubic foot fireproof 1 Safe, Major 2020 20" high with shelf 1 Scale, Beam Balance 310 Capacity 1 Signature Washer — White 1 Signature Dryer — White 1 Sink, TECO SS48 -21 -2 1 Table, Barricks ML889 Folding 1 Table, Grooming 1 Table, Electric Lift, SS Premier 1 Timer, Six Hour 1 Truck, Hand Model 4664 1 Washer, High Pressure, Mohawk — Model 340 HPL 1 Weedeater, Wards No 192700 1 Inventory provided to Pueblo Animal League NOVEMBER 22, 1999 COUNCIL AGENDA - BACKGROUND MEMORANDUM - RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY, COUNTY AND PUEBLO ANIMAL LEAGUE RELATING TO THE OPERATION AND MAINTENANCE OF THE ANIMAL SHELTER The attached Resolution approves an Agreement relating to the operation and management of the Animal Shelter between the Pueblo Animal League (the "League "), the City, and the County of Pueblo. The term of the Agreement is 3 years starting January 1, 2000 and ending December 31, 2002. The term is renewable for successive one year terms by the City and County. City and County financial obligations are subject to and contingent upon budgeting and appropriation. The Agreement recites that it is the intent of the City and County to each budget and appropriate one -half of the funds they deem appropriate and necessary. The League is to submit an annual budget and request for funds to the City and County. The amount of City and County funds is to be determined annually and paid monthly to the League. The amount requested by the League for fiscal year 2000 is $157,116.00. The Agreement sets forth the services and duties of the League including accepting from the City and County for impoundment all dogs and cats and other animals lawfully seized by the City and County animal control officers. League may charge fees for its services subject to modification and change by City and County after hearing. Exhibit A to the Agreement describes City's equipment to be turned over to the League. The League is required to maintain the equipment and Shelter in good and operating condition and provide liability insurance and workers' compensation insurance for its employees. Other than impounding and disposing of animals, the League does not undertake animal control or enforcement responsibilities which will continue to be performed by City's employees within the City and, pursuant to an intergovernmental agreement between the City and County, within the unincorporated areas of the County. The City and County probably should revisit the existing intergovernmental agreement and modify it to express current practices and changes required by separating the animal shelter functions from animal control and enforcement functions. If the Agreement is approved by the City Council and Board of County Commissioners, the City's Ordinance relating to animal control will need to be amended.