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Home My WebLink About12627RESOLUTION NO. 12627 A RESOLUTION APPROVING AN AMENDMENT TO THE CONTRACT FOR SERVICES 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 Amendment to Contract for Services dated as of April 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 Amendment to Contract for Services 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 Resolution shall become effective upon final passage and approval. INTRODUCED: March 25, 2013 BY: Ami Nawrocki Background Paper for Proposed RESOLUTION DATE: AGENDA ITEM # Q-1 March 25, 2013 DEPARTMENT: Office of the City Manager Sam Azad, City Manager Law Department Dan Kogovsek, City Attorney TITLE: A RESOLUTION APPROVING AN AMENDMENT TO THE CONTRACT FOR SERVICES 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 an amendment to the contract with The Humane Society of the Pikes Peak Region to operate the animal shelter and enforce City’s animal control ordinances for an additional nine months? 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 nine months to December 31, 2013 and modifies certain provisions of the contract including the monthly amount payable to Society, which will be increased from $80,738 to $100,738. All animal licensing administrative fees will be retained by Society consistent with Ordinance No. 8326 passed and approved March 28, 2011. FINANCIAL IMPACT: The monthly amount payable to Society by City and County is $98,654. The City’s pro- rata share is $59,192 (60%) and County’s pro-rata share of such monthly payment shall be $39,462 (40%). In addition, the County shall maintain and repair the Animal Shelter facility and grounds at its sole cost and expense. AMENDMENT TO CONTRACT FOR SERVICES This Amendment to Contract for Services ( "Amendment ") dated as of April 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 has been modified, amended and extended by Contract Modifications dated as of January 1, 2004, January 1, 2005, Contract Extension dated as of January 1, 2006, Amendment to Contract for Services dated January 1, 2009, and Contract Extension dated as of January 1, 2013 (the "Contract "). The Contract is currently set to expire March 31, 2013 and the parties wish to extend and amend the Contract as set forth herein. 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. The first sentence of Subsection F of Section I (Activity reports) is amended effective April 1, 2013 to read: Society shall keep, maintain, prepare and issue a quarterly activity report to the City and County detailing all activities conducted by Society pursuant to this Contract during the prior quarter, including the training of personnel, by the twenty -fifth day of the month following the end of each quarter. 2. The first sentence of Subsection G of Section I (Financial reports) is amended effective April 1, 2013 to read: Society shall keep, maintain, prepare and issue a quarterly financial report to the City and County reasonably detailing all revenue and expenditures made and incurred by Society pursuant to this Contract during the prior quarter, including expense data for each funded program or program component required under this Contract, by the twenty -fifth day of the month following the end of each quarter. 3. Subsection A.(1) of Section II (Funding of the Contract) is amended effective April 1, 2013 to read in its entirety as follows: (1) $98,654 per month in advance for services performed under this Contract commencing April 1, 2013 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 monthly payments shall be $59,192 (60 %) and County's pro -rata share of such monthly payment shall be $39,462 (40 %). 4. Subsection D of Section I (Citizens' Advisory Committee) shall be amended effective April 1, 2013 to read in its entirety as follows: Society shall appoint a citizens' advisory committee comprised of nine (9) members, four (4) of whom are residents of the City, one (1) representative from City government, three (3) of whom are residents of the unincorporated areas of the County, and one (1) representative from County government (the "Citizens' Advisory Committee "). The Citizens' Advisory Committee shall meet regularly, but not less than bi- monthly, with the Director. The Citizens' Advisory Committee will provide input and constructive recommendations for the operation of the Shelter and its programs, and the enforcement modifications, if any, of the Local Ordinances. 5. Subsection A of Section III (Term and Termination. of the Contract) is amended effective April 1, 2013 to read in its entirety as follows: A. The term of this Contract shall be from April 1, 2013 through December 31, 2013 unless terminated earlier as provided herein and subject to the provisions of B and C below. 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 nine (9) 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. 6. Subsection F of Section IV (Licensing Fees) is amended to read in its entirety as follows: Commencing July 1, 2008, Society became, and continues to be, the animal licensing officer for the City and is, in that capacity, responsible for the issuance of dog and cat licenses in accordance with the animal control and licensing provisions of the Pueblo Municipal Code, and overall administration of the City's animal licensing program. Society shall keep one hundred percent (100 %) of the fees collected as compensation for the Society's services pursuant to Pueblo Municipal Code Section 11- 4- 45(i). 7. Subsection Q of Section IV (Maintenance and repair) is amended to read in its entirety as follows: County will be responsible, at its sole cost and expense, for maintenance, repairs, snow removal, lawn and grounds maintenance, and HVAC maintenance and repair associated with the Shelter. Society shall report all emergency repairs to the County within one (1) hour of discovery. Society shall report all required maintenance and non - emergency repairs within forty -eight (48) hours of discovery. Repair costs resulting from a failure by Society to report to the County the need for emergency repairs within one (1) hour of discovery and repair costs resulting from a failure by Society to report required maintenance and non - emergency repairs within forty -eight (48) hours of discovery shall be the responsibility of Society rather than the County. Emergency repairs shall be undertaken within twelve (12) hours of request by Society and non - emergency repairs and maintenance shall be undertaken within seventy -two (72) hours of request by Society. In addition, County may seek reimbursement from Society for any repairs caused by, or resulting from the negligent acts or omissions of Society, its officers, employees, agents or contractors. County shall not be required to perform any snow removal unless the snow accumulation is greater than two (2) inches. Society shall be responsible, at its sole cost and expense, for all janitorial services related to the Shelter. 8. Subsection S of Section IV (Hours of operation) is amended to read in its entirety as follows: Except for Colorado State Holidays closings, Society shall keep the Shelter open to the public from 12:00 p.m. to 5:00 p.m. Monday through Friday and from 12:00 p.m. to 4:30 p.m. Saturday and Sunday. Animal Law Enforcement Officers shall work from 8:00 a.m. to 9:00 p.m. Monday through Saturday during the months of April through October, from 8:00 a.m. to 6:00 p.m. Monday through Saturday during the months of November through March, and from 8:00 a.m. to 5:00 p.m. on Sundays throughout the year. Animal Law Enforcement Officers shall be on emergency on -call only on all City and County recognized holidays. 9. Section VIII (Additional Terms) is amended to add the following subsections: O. It is the position of the City and County that the Contract is unambiguous and that the current equipment at the Shelter is owned by the City and County. The Society believes that some of the current equipment is owned by the Society. The Society, City, and County agree to work together in good faith to determine and document ownership of all equipment in use or stored at the Shelter by November 1, 2013. P. The parties to this Contract agree to negotiate expeditiously and in good faith for a mill levy increase proposal to be presented to the voters of Pueblo County at the November 2013 election, the purpose of which will include providing adequate and stable funding for animal control and animal law enforcement services in Pueblo County, inclusive of the City of Pueblo. Executed as of the dated year first above written. `ue • • • • al or oration Attest: L t City rk Presi ent of the City Council Board of County Commissioners of Pueblo County, Colorado Attes • �L ,� By , C'I , 7 Y S -r o the Board of Chairperson of the Biard County Commissioners Humane Society of the Pikes Peak Region II Attest: 4 ,.. Q .Q „a.r,r. By it, • AlP1IkA: Secretary /Executive Director Pres dent, Board .. irectors