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HomeMy WebLinkAbout10648RESOLUTION NO. 10648 A RESOLUTION APPROVING A CONTRACT EXTENSION BETWEEN THE CITY OF PUEBLO, THE COUNTY OF PUEBLO AND THE HUMANE SOCIETY OF THE PIKES PEAK REGION RELATING TO THE OPERATION OF THE ANIMAL SHELTER AND ENFORCEMENT OF LOCAL ORDINANCES, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, AUTHORIZING THE TRANSFER OF $17,204 FROM THE CONTINGENCIES ACCOUNT IN THE 2006 GENERAL FUND BUDGET THEREFOR, AND REPEALING RESOLUTION NO. 10578 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Contract Extension dated as of January 1, 2006 between the City of Pueblo, the County of Pueblo and the Humane Society of the Pikes Peak Region relating to the operation of the animal shelter and enforcement of local ordinances, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The amount of $17,204 is hereby authorized to be transferred from the Contingencies Account in the 2006 General Fund Budget for payment of City's share under the Contract Extension. SECTION 3 The President of the City Council is authorized to execute and deliver the Extension Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4 This Resolution shall become effective upon final passage and approval. Resolution No. 10578 is hereby repealed. INTRODUCED February 13, 2006 BY Jeff Chostner Coun APPROVED: — ` , President of City Council ATTESTED BY: CITY CLERK D 6160 �f / W Y9 Background Paper for Proposed RESOLUTION DATE: February 13, 2006 AGENDA ITEM 6 1 -13 - 06 DEPARTMENT: Law Department TITLE A RESOLUTION APPROVING A CONTRACT EXTENSION BETWEEN THE CITY OF PUEBLO, THE COUNTY OF PUEBLO AND THE HUMANE SOCIETY OF THE PIKES PEAK REGION RELATING TO THE OPERATION OF THE ANIMAL SHELTER AND ENFORCEMENT OF LOCAL ORDINANCES, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, AUTHORIZING THE TRANSFER OF $17,204 FROM THE CONTINGENCIES ACCOUNT IN THE 2006 GENERAL FUND BUDGET THEREFOR, AND REPEALING RESOLUTION NO. 10578 ISSUE Should the City Council extend the contract with the Humane Society of the Pikes Peak Region relating to the operation of the animal shelter and enforcement of local ordinances for three (3) years? Approve the contract extension. BACKGROUND The Contract between the City, the County and the Humane Society of the Pikes Peak Region ( "Society ") expires December 31, 2005. The Contract Extension extends the term of the contract for three successive one -year terms, subject to termination at the end of each renewal term. For services during calendar year 2006, the Society will be paid $64,253.00 each month, City's share will be $37,267.00 per month (58%) and Pueblo County's share will be $26,987.00 per month (42 %). The monthly payment to Society for calendar years 2007 and 2008 will be determined each year. Except for Christmas, Easter and Thanksgiving, Society will enforce City and County animal control ordinances on a daily basis from 6:00 a.m. to 10:00 p.m., Mountain Daylight time and from 6:00 a.m. to 8:00 P.M. Mountain Standard Time. An additional $17,204 will be transferred from the 2006 General Fund Contingency Account for payment under the Contract Extension increasing City's share from the budgeted amount of $430,000 to $447,204 for 2006. FINANCIAL IMPACT See Background. CONTRACT EXTENSION This Contract Extension ( "Contract Extension ") dated as of January 1, 2006, by and between the Humane Society ofthe Pikes Peak Region, a Colorado nonprofit corporation ( "Society"), the City of Pueblo, a municipal corporation ( "City "), and the Board of County Commissioners of Pueblo County, Colorado ( "County "), WITNESSETH, RECITALS A. Society, City and County entered into a contract dated July 8, 2002 relating to Society's operation of the Shelter and enforcement of Local Ordinances on behalf of the City and County ( "Contract "). B. Society, City and County are desirous of extending the Contract for a period of three (3) years from January 1, 2006 to December 31, 2008 upon the terms, covenants and provisions set forth in this Contract Extension. C. All capitalized terms used in this Contract Extension have the same meaning as those terms are defined in the Contract unless the context clearly requires otherwise. AGREEMENT In consideration of the foregoing Recitals and mutual covenants contained herein, Society, City and County agree as follows: 1. Subsection A.(I) of Section II. Funding. ofthe Contract is amended effective January 1, 2006 to read in its entirety as follows: (1) $64,253.00 per month in advance for services performed on or to be performed under this Contract commencing January 1, 2006 and on the first day of each month during the effective term of this Contract until modified as provided in B below ( "Contract Amount "). City's pro -rata share of the $64,253.00 monthly payment shall be $37,267.00 (58 %) and the County's pro -rata share of such monthly payment shall be $26,987.00 (42 %). 2. Subsection A of Section III. Term and Termination. of the Contract is amended effective January 1, 2006 to read in its entirety as follows: A. The term of this Contract shall be from January 1, 2006 through December 31, 2006. The term of this Contract shall be automatically renewed for successive one (1) year terms, each of one (1) calendar year's duration through December 31, 2008 unless terminated earlier as provided herein and subject to the provisions of B and C below. 3. Subsection N of Section IV of the Contract relating to the use of Shelter's crematorium is hereby deleted in its entirety. 4. The first sentence of Subsection A of Section V of the Contract is amended to read as follows: Except for Christmas, Easter and Thanksgiving, Society shall enforce all Local Ordinances within the City limits of the City of Pueblo and the unincorporated areas of Pueblo County specified in County's dog control ordinance on a daily basis from 6:00 a.m. to 10:00 p.m. Mountain Daylight Time and from 6:00 a.m, to 8:00 p.m. Mountain Standard Time and furnish emergency enforcement assistance during all other times. 5. The Contract as amended by the provisions of paragraphs 1 through 4 hereof shall remain in full force and effect binding upon and inuring to the benefit of Society, City and County, their respective successors and, subject to the limitations of Section VIII. A. of the Contract, assigns. 6. This Contract Extension may be executed in counterparts, each of which shall be an original, but all of which taken together, will constitute one and the same Contract Extension. Executed as and of the dated year first above written. Attest: City Cl #k Attest: L / - :2�4 Clerk to the Board of County Commissioners Pueb , a municipal corporation By , President of the City Council Board of County Commissioners of Pueblo Co y, Colorado By hairperson of the Board Attest: "L�Age� Secretap xe tiv irector Zane Society of the Pikes Peak Region By President, IWard of Directors -2-