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Home My WebLink About08558 ORDINANCE NO. 8558 AN ORDINANCE APPROVING A CONTRACT EXTENSION BETWEEN THE CITY OF PUEBLO, 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, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Contract Extension dated as of January 1, 2013 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 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 3. This Ordinance shall become effective upon final passage and approval. INTRODUCED: December 10, 2012 BY: Leroy Garcia COUNCIL PERSON PASSED AND APPROVED: December 26, 2012 Amended 12/26/12 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # R-7 December 10, 2012 DEPARTMENT: Office of the City Manager James F. Munch, Interim City Manager Law Department Robert P. Jagger, Interim City Attorney TITLE: AN ORDINANCE APPROVING A CONTRACT EXTENSION BETWEEN THE CITY OF PUEBLO, 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, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE: Should City Council execute a three month extension of the contract with The Humane Society of the Pikes Peak Region to operate the animal shelter and enforce City’s animal control ordinances? RECOMMENDATION: Approve the Ordinance. BACKGROUND: The Amendment extends the Contract between the City, Pueblo County and the Humane Society of the Pikes Peak Region (“Society”) relating to the operation of the animal shelter and enforcement of animal control ordinances (“Contract”) for three months to March 31, 2013 upon the same terms and conditions as those set forth in the current Contract; provided, however, the monthly amount payable will be increased from $78,654 to $80,738, and the animal licensing administrative fees will be paid consistent with Ordinance No. 8326 passed and approved March 28, 2011. FINANCIAL IMPACT: The monthly amount payable to Society by City and County is $80,738. The City’s pro- rata share is $44,406 (55%) and County’s pro rata share is $36,332 (45%). Amended and Substituted 12/26/12 CONTRACT EXTENSION This Contract Extension ( "Contract Extension ") dated as of January 1, 2013, by and between the Humane Society of the 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 are parties to a Contract for Services dated July 8, 2002 pursuant to which Society has operated an animal shelter serving the needs of the City and County and has enforced the animal control ordinances and resolutions of the City and County. The Contract was modified by Contract Modifications dated as of January 1, 2004, January 1 2005, Contract Extension dated as of January 1, 2006 and Amendment to Contract for Services dated January 1, 2009 (the "Contract "). The Contract is currently set to expire December 31, 2012 and the parties wish to extend the Contract. B. 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.(1) of . Section II. Funding of the Contract is amended effective January 1, 2013 to read in its entirety as follows: (1) $80,738 per month in advance for services performed under this Contract commencing January 1, 2013 and payable on the first day of each month during the effective term of this Contract ( "Contract Amount "). City's pro-rata share of the monthly payments of the Contract Amount shall be $44,406 (55 %) and County's pro -rata share of such monthly payment shall be $36,332 (45 %). 2. Subsection A of Section III. Term and Termination. of the Contract is amended effective January 1, 2013 to read in its entirety as follows: A. The term of this Contract shall be from January 1, 2013 through March 31, 2013 unless terminated earlier as provided herein All terms and provisions of this Contract shall be construed consistent with the parties' intent and purpose that the prior contract between the parties is hereby being extended for a period of three (3) months. Furthermore, no provisions of this Contract shall reduce the administrative fees paid Society with respect to animal licensing services currently set forth in Ordinance No. 8326 approved March 28, 2011. Amended and Substituted 12/26/12 3. 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. 4. All other terms and conditions of the Contract, except as amended and modified by this Contract Extension and previous modifications and extensions, shall remain in full force and effect. Executed as of the dated year first above written. Pueblo, amunicip. corpo :tion Attest: By _ /!L 0 1 Ci lerk 'reside' of he C Council Board of County Commissioners of Pueblo County, Colorado Q • Att- __1 ci2 Prw Clerk to the Boar. o / Chairperson of the Board County Commissioners Humane Society of the Pikes Pe. , Region Attest: By " , -z■aiik AL. Secretary/Executive Director Pres dent, ° =- ;', - > s