HomeMy WebLinkAbout08685ORDINANCE NO. 8685
AN ORDINANCE APPROVING 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 ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Contract for Services dated as of December 23, 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 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.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance and attached Contract which are necessary to
effectuate the transactions described therein.
SECTION 3.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: December 9, 2013
BY: Chris Kaufman
PASSED AND APPROVED: December 23, 2013
Background Paper for Proposed
ORDINANCE
DATE: AGENDA ITEM # R-6
December 9, 2013
DEPARTMENT: Office of the City Manager
Sam Azad, City Manager
Law Department
Dan Kogovsek, City Attorney
TITLE
AN ORDINANCE APPROVING 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 the contract with The Humane Society of the Pikes Peak
Region to operate the animal shelter and enforce City’s animal control ordinances for
the 2014 calendar year?
RECOMMENDATION
Approve the Ordinance.
BACKGROUND
This Ordinance approves 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 calendar
year 2014. 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 $109,672.25. The City’s
pro-rata share is $65,803.35 (60%) and County’s pro-rata share of such monthly
payment shall be $43,868.90 (40%).
HUMANE SOCIETY OF THE PIKES PEAK REGION
ANIMAL SERVICES CONTRACT
Contract No.
Contractor: Humane Society of the Pikes Peak Region
610 Abbot Lane
Colorado Springs, CO 80905
(719) 473 -1741
Attn: Jan McHugh- Smith, President /CEO
Representative /Contact Information:
City of Pueblo: Sam Azad, City Manager
200 S. Main Street
Pueblo, CO 81003
(719) 553 -2655
sazad anpueblo.us
County of Pueblo: Gregory J. Styduhar, County Attorney
215 W. 10 St., Ste. 354
Pueblo, CO 81003
(719) 583 -6630
styduhargaco.pueblo.co.us
Commencement Date: January 1, 2014
Expiration Date: December 31, 2014
This Animal Services Contract ( "Contract ") is made and entered into as of this 23rd day of December,
2013 ( "Effective Date ") by and between the City of Pueblo, a municipal corporation ( "City ") and the
Board of County Commissioners of Pueblo County, Colorado ( "County ") (together, "Entity ") and the
Humane Society of the Pikes Peak Region, a Colorado nonprofit corporation ( "Contractor").
Contractor also conducts its operations by and through its operational division known as Animal Law
Enforcement Services ( "ALE ").
Background and Purpose
A. Entity desires to purchase and receive from Contractor the animal services described in the Scope of
Services attached hereto as Exhibit A and incorporated by this reference.
B. Contractor is an entity qualified and able to provide the type of services required by Entity and is
willing to provide such services in accordance with the terms and conditions set forth in this Contract.
NOW, THEREFORE, in consideration of the benefits and obligations under this Contract, Entity and
Contractor agree as follows:
Agreement
1. Scope of Services. Entity agrees to retain Contractor to perform the services described in Exhibit A
( "Services "). Any modification to the Services provided by Contractor must be approved by Entity and
Contractor in writing and upon mutual execution, shall become part of this Contract.
2. Standard of Performance. In performing the Services, Contractor shall use that degree of care and
skill ordinarily performed by members of the same profession in the state of Colorado. Contractor
represents to Entity that Contractor is and its employees performing such Services are properly licensed
and /or registered within the state of Colorado (if licensure and /or registration is required by applicable
law) and that Contractor and its employees possess the skills, knowledge and abilities to competently,
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timely and professionally perform the Services in accordance with this Contract. More specific standards
of Contractor's performance are set forth in Exhibit A.
3. Compensation. Contractor shall perform the Services and Entity shall pay for the Services performed
based on the rates and /or compensation schedule set forth in Exhibit B. Payment of the Compensation
shall be made in monthly installments and shall be due in advance on the first day of each month
commencing on the Commencement Date and continuing thereafter until through December 1 of the last
year of the Term. Any cost, charge, fee or expense incurred by Contractor that is not specifically
authorized under this Contract shall be deemed a non - reimbursable cost and Contractor shall be solely
responsible for payment. Any modification of Compensation to be paid to Contractor must be approved
by Entity and Contractor in writing and, upon mutual execution, shall become part of this Contract.
4. Term. The term of this Contract shall commence on the Commencement Date and shall terminate on
the Expiration Date unless earlier terminated under this Contract, or otherwise agreed by Entity and
Contractor in writing. The term of this Contract may be renewed for three (3) successive one (1) year
terms, subject to changes in Contractor's compensation and other terms as agreed upon by the parties.
5. Independent Contractor. Contractor shall be solely responsible for payment of salaries, wages, payroll
taxes, unemployment benefits or any other form of compensation or benefit to Contractor or any of
Contractor's employees, agents, or other personnel performing the Services. It is expressly understood
and agreed that neither Contractor nor Contractor's employees, agents, servants or other personnel shall
be entitled to any payroll, insurance, unemployment, worker's compensation, retirement or any other
benefits whatsoever from Entity.
6. Insurance. Contractor understands and agrees that it has no right of coverage under any existing or
future comprehensive, self or personal injury policies maintained by Entity. Contractor shall provide
insurance coverage for and on behalf of Contractor that will sufficiently protect Contractor, Contractor's
agents, employees and other personnel in connection with the Services provided by Contractor pursuant
to this Contract. Contractor shall provide worker's compensation insurance coverage for all Contractor
personnel. Contractor shall furnish insurance certificates to Entity upon request and shall also name
Entity as an additional insured on Contractor's liability insurance policies that relate to the Services
performed by Contractor under this Contract. All insurance policies maintained by Contractor under this
Contract shall contain an endorsement waiving subrogation against Entity.
7. Indemnification and Hold Harmless. Contractor expressly agrees to, and shall, indemnify and hold
harmless Entity and any of its officers, agents, or employees from any and all claims, damages, liability,
or court awards, including costs and reasonable attorney fees that are or may be awarded as a result of
any loss, injury or damage sustained or claimed to have been sustained by anyone, including but not
limited to, any person, firm, or entity in connection with or arising out of any act or omission by Contractor
or any of its employees, agents, partners, subcontractors, consultants, or others working on behalf of
Contractor in performance of the Services under this Contract. Nothing in this paragraph shall constitute
an agreement by Contractor to indemnify or hold Entity harmless for any act or omission by Entity or any
of its officers, agents, or employees.
8. Audit and Inspection. Contractor shall at all times during the term of this Contract maintain such
books and records as shall sufficiently and properly reflect all direct costs of any nature in the
performance of this Contract, and shall utilize such bookkeeping procedures and practices as will reflect
these costs. Books and records shall be subject, at any reasonable time, to inspection, audit or copying
by authorized Entity personnel, or such independent auditors or accountants as are designated by Entity.
Contractor shall permit the Entity representative or other authorized Entity personnel, at any reasonable
time during regular business hours upon advance notice, to inspect and /or copy any and all data, notes,
records, documents and files of the Services Contractor is performing in connection with this Contract.
Such disclosure of records at Entity's request shall not waive any rights of Contractor to claim the
disclosed records are confidential or proprietary.
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9. Termination.
9.1 Voluntary Termination. This Contract may be terminated by Entity or Contractor for any
reason or no reason upon written notice delivered to the other party at least ninety (90) days prior to
termination. In the event of the exercise of the right of voluntary termination as provided by this
paragraph:
A. Contractor shall continue to provide complete and full Services in connection with this
Contract after receipt of or issuance of a notice of termination during the 90 -day notice
period, and Entity shall continue to pay compensation to Contractor for the Services
performed during that period; and
B. At termination, all finished or unfinished documents, data, studies and reports prepared
by Contractor pursuant to this Contract, if any, shall be delivered by Contractor to Entity
and shall become the property of Entity; and
C. Promptly after termination, Contractor shall prepare a final accounting and final invoice of
charges for all outstanding and unpaid Services and reimbursable expenses, if
authorized, performed or incurred prior to the date of termination. Such final accounting
and final invoice shall be delivered to Entity within forty -five (45) days from the date of
termination. Entity shall pay the final invoice, if it is reasonably documented, within thirty
(30) days of receipt.
9.2 Termination for Non - Performance. Should a party to this Contract fail to materially
perform in accordance with the terms and conditions of this Contract, this Contract may be terminated by
the performing party if the performing party first provides written notice to the non - performing party
( "Default Notice "). The Default Notice shall specify the default under the Contract, the remedy for curing
the default, the date by which the default must be cured (which date shall be a reasonable time period,
not less than ten (10) business days) and a notice that if such default is not cured, or no action has been
taken to cure the default during the cure period, the Contract will be terminated. In the event of
termination under this paragraph, Contractor shall prepare a final accounting and final invoice of charges
for all performed but unpaid Services and authorized reimbursable expenses. The final accounting and
final invoice shall be delivered to Entity within forty -five (45) days of the termination date, and Entity shall
pay the final invoice, if it is reasonably documented, within thirty (30) days of receipt. Provided that notice
of default is given in accordance with this paragraph, nothing in this paragraph shall prevent, preclude, or
limit any claim or action for default or breach of contract resulting from non - performance by a party.
10. Dispute Resolution. If a dispute arises between the parties relating to this Contract, other than the
non - payment of compensation due for Services performed by Contractor, the following procedure applies:
10.1 A party shall give written notice of the dispute to the other party. The parties shall hold a
meeting attended by persons with decision - making authority regarding the dispute to attempt in good faith
to negotiate a resolution. The meeting shall be held promptly, but in no event later than fifteen (15)
calendar days after the initial written notice of the dispute. Such meeting shall not be deemed to reduce
or eliminate the obligations and liabilities of the parties or be deemed a waiver by a party of any remedies
to which such party would otherwise be entitled, unless otherwise agreed to by the parties in writing.
10.2 If, within fifteen (15) calendar days after such meeting, the parties have not succeeded in
negotiating a resolution of the dispute, they agree to submit the dispute to non - binding mediation and to
bear equally the costs of the mediation.
10.3 The parties will jointly appoint a mutually acceptable mediator. If they fail to do so within
twenty (20) calendar days from the conclusion of the meeting referred to in Section 10.1 above, a
mediator shall be appointed by the Judicial Arbiter Group or, if the Judicial Arbiter Group is no longer in
operation, by a similar private mediation company in Colorado.
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10.4 The parties will schedule the mediation for a date within thirty (30) calendar days after
selection of the mediator(s). The parties agree to participate in good faith in the mediation and
negotiations related thereto for a period of thirty (30) calendar days after the mediation. The substantive
and procedural law of the State of Colorado shall apply to the proceedings. If the parties are not
successful in resolving the dispute through mediation, then the parties shall be free to litigate the matter
subject to the terms of this Contract.
11. General Conditions.
11.1 Notices. Unless otherwise specifically required by a provision of this Contract, any notice
required or permitted by this Contract shall be in writing and shall be deemed to have been sufficiently
given for all purposes if sent by certified mail, postage prepaid, addressed to the party to whom such
notice is to be given at the address set forth below or at such other address as has been previously
furnished in writing to the other party. Such notice shall be deemed to have been given when deposited
into the United States mail properly addressed to the intended recipient.
If to the Entity: If to the Contractor:
Pueblo County: Humane Society of the Pikes Peak Region
Attn: Gregory J. Styduhar, County Attn: Jan McHugh- Smith, CEO
Attorney, 215 W. 10 St., Rm. 312 610 Abbot Lane
Pueblo, CO 81003 Colorado Springs, CO 80905
City of Pueblo
Attn: Sam Azad, City Manager
200 S. Main Street
Pueblo, CO 81003
With a copy to:
City Attorney
1 City Hall Place, 3rd Floor
Pueblo, CO 81003
11.2 No Waiver of Governmental Immunity. Nothing in this Contract shall be construed to waive,
limit, or otherwise modify any governmental immunity that may be available by law to Entity, its officials,
employees, contractors, or agents, or any other person acting on behalf of Entity (including Contractor)
and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental
Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
11.3 No Waiver of Rights. A waiver by any party to this Contract of the breach of any term or
provision of this Contract shall not operate or be construed as a waiver of any subsequent breach by
either party. Entity's approval or acceptance of, or payment for, Services shall not be construed to
operate as a waiver of any rights or benefits to be provided under this Contract. No covenant or term of
this Contract shall be deemed to be waived by either party except in writing signed by both parties. Any
written waiver of a right shall not be construed to be a waiver of any other right or to be a continuing
waiver unless specifically stated.
11.4 Assignment/Subcontracts. Contractor shall not assign its interest in this Contract or
subcontract any of the Services to be performed under this Contract without the written consent of Entity.
11.5 Conflict of Interest: Contractor shall refrain from providing services to other persons, firms,
or entities that would create a conflict of interest for Contractor with regard to providing the Services
pursuant to this Contract. Contractor shall not offer or provide anything of benefit to any Entity official or
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employee that would place the official or employee in a position of violating the public trust as provided by
C.R.S. § 24 -18 -109, as amended, or any Entity - adopted code of conduct or ethical principles.
11.6 Compliance with Laws. At all times during the performance of this Contract, Contractor
shall strictly observe and conform to all applicable federal, state and local laws, rules, regulations and
resolutions that have been or may hereafter be established. Contractor shall be responsible at its own
expense for obtaining and maintaining all licenses and permits necessary to perform the Services under
this Contract.
11.7 Compliance with Immigration and Control Act. Contractor certifies that it has complied with
the United States Immigration and Control Act of 1986. All persons employed by Contractor for
performance of this agreement have completed and signed Form 1 -9 verifying their identities and
authorization for employment.
11.8. State - Imposed Mandates Prohibiting Illegal Aliens from Performing Work Under this
Contract.
(a) At or prior to the time for execution of this Contract, the Contractor shall submit its
certification that it does not knowingly employ or contract with an illegal alien who will perform work under
this Contract and that the Contractor will participate in either the E- Verify Program created in Public Law
208, 104 Congress, as amended and expanded in Public law 156, 1or Congress, as amended, that is
administered by the United States Department of Homeland Security or the "Department Program"
established pursuant to Section 8- 17.5- 102(5)(c), C.R.S. that is administered by the Colorado Department
of Labor and Employment in order to confirm the employment eligibility of all employees who are newly
hired for employment to perform work under this Contract.
(b) Contractor shall not:
(I) Knowingly employ or contract with an illegal alien to perform work under this
Contract;
(11) Enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under
this Contract.
(c) The following state - imposed requirements apply to this Contract:
(1) The Contractor shall have confirmed the employment eligibility of all employees
who are newly hired for employment to perform work under this Contract through participation in
either the E- Verify Program or Department Program.
(11) The Contractor is prohibited from using either the E- Verify Program or
Department Program procedures to undertake pre - employment screening of job applicants while
this Contract is being performed.
(III) If the Contractor obtains actual knowledge that a subcontractor performing work
under this Contract knowingly employs or contracts with an illegal alien to perform work under this
Contract, the Contractor shall be required to:
A. Notify the subcontractor and Entity within three (3) days that the
Contractor has actual knowledge that the subcontractor is employing or contracting with
an illegal alien; and
B. Terminate the subcontract with the subcontractor if within three (3) days
of receiving the notice required pursuant to subparagraph (c)(III)A. above the
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subcontractor does not stop employing or contracting with the illegal alien; except that the
Contractor shall not terminate the contract with the subcontractor if, during such three (3)
days, the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
(IV) The Contractor is required to comply with any reasonable request by the
Colorado Department of Labor and Employment (hereinafter referred to as CDLE) made in the
course of an investigation that CDLE is undertaking pursuant to its authority under Section 8-
17.5- 102(5), C.R.S.
(d) Violation of this Section by the Contractor shall constitute a breach of contract and
grounds for termination. In the event of such termination, the Contractor shall be liable for Entity's actual
and consequential damages.
(e) Nothing in this Section shall be construed as requiring the Contractor to violate any terms
of participation in the E- Verify Program.
11.9 Non- discrimination. Contractor shall not hire, discharge, transfer, promote or demote, or in
any manner discriminate against any person otherwise qualified and capable because of race, color, sex,
marital status, age, religion, disability or national origin. Contractor agrees to comply with applicable
federal and state statutes and regulations concerning non - discrimination.
11.10 Rights of Third Parties. This Contract does not and shall not be deemed to confer on any
third party the right to the performance or proceeds under this Contract, to claim any damages or to bring
any legal action or other proceeding against the Entity or Contractor for any breach or other failure to
perform this Contract.
11.11 Governing Law, Venue, and Enforcement. This Contract shall be governed by and
interpreted according to the laws of the state of Colorado. Venue for any action arising under this
Contract shall be in the appropriate court for Pueblo County, Colorado. To reduce the cost of dispute
resolution and to expedite the resolution of disputes under this agreement, the parties hereby waive any
and all right either may have to request a jury trial in any civil action relating primarily to the
enforcement of this Contract. The parties agree that the rule that ambiguities in a contract are to be
construed against the drafting party shall not apply to the interpretation of this Contract.
11.12 Assignment and Release. All or part of the rights, duties, obligations, responsibilities, or
benefits set forth in this Contract shall not be assigned by Contractor without the written consent of Entity.
Any written assignment shall expressly refer to this Contract, and shall specify the particular rights, duties,
obligations, responsibilities, or benefits so assigned. No assignment shall release Contractor from
performance of any duty, obligation, or responsibility unless such release is clearly expressed in such
written document of assignment.
11.13 Incorporation of Exhibits and Recitals; Conflict in Terms. Unless otherwise stated in this
Contract, all exhibits, or documents referenced in this Contract and the recitals set forth above shall be
incorporated into this Contract for all purposes. In the event of a conflict between any exhibit and this
Contract, the provisions of this Contract shall control.
11.14 Severability. Invalidation of any of the provisions of this Contract or the application thereof
in any given circumstances shall not affect the validity of any other provision of this Contract.
11.15 Binding Effect. This Contract shall be binding upon the successors, heirs, legal
representatives, and authorized assigns of Entity and Contractor.
11.16 Article X Section 20/TABOR. The parties understand and acknowledge that Entity is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The parties do not intend to violate the
terms and requirements of TABOR by the execution of this Contract. It is understood and agreed that this
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Contract does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of
TABOR and, therefore, notwithstanding anything in this Contract to the contrary, all payment obligations
of Entity are expressly dependent and conditioned upon the continuing availability of funds beyond the
term of Entity's current fiscal period ending upon the next succeeding December 31. Financial obligations
of Entity payable after the current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and
resolutions of Entity, and other applicable law. Upon the failure to appropriate such funds, this Contract
shall be terminated.
11.17 Additional Terms and Conditions. Additional provisions set forth in Exhibit C attached
hereto are made a part of this Contract.
11.18 Entire Agreement. This Contract represents the entire and integrated agreement between
Entity and Contractor and supersedes all prior negotiations, representations, or agreements, either written
or oral. Any amendments to this Contract must be in writing and be signed by both Entity and Contractor.
The individuals executing this Contract represent they are expressly authorized to enter into this Contract
on behalf of the Entity and Contractor and to bind their respective entities.
IN WITNESS WHEREOF, THE UNDERSIGNED HAVE EXECUTED THIS CONTRACT ON BEHALF OF
ENTITY AND CONTRACTOR:
Pueblo, a mu •'-' • • r r,, ,ation
B - ' Attest:
P" " of City Council Ad-if ity Clerk
Date: h2 -) 3 - / 3
Approved as to form:
�- 4 'C • 1.</
Pueblo City Attorney 719-tee-e
Board of County Commissioners of
Pueblo County, Colorado
AI
B : It � , '" Attes . !% �7
Y
/ Cha' erson of t . Board Clerk to the Board of C. f ty
Commissioners
Approved as to form:
j,,
Pueblo County Attorney
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CONTRACTOR:
Humane Society of the Pikes Peak Region
a Colorado nonprofit corporation
By: -‘ I
Hugh -Smi , 10 /President
Date:
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EXHIBIT A
SCOPE OF SERVICES
Sheltering Scope of Services
1. The Humane Society of the Pikes Peak Region DBA/Pueblo Animal Services
( "PAS ") shall be the designated shelter operator for the City of Pueblo and
Pueblo County. PAS shall accept animals from the Animal Law Enforcement
related activities 24 hours per day 7 days per week. The shelter shall accept
stray and owned domestic animals form the general public during business hours
determined by PAS.
2. Animals shall be provided humane treatment and veterinary care during their
stay at PAS.
3. Animals impounded by Animal Law Enforcement or accepted from a citizen as a
stray animal (except for feral cats and community cats) shall be held as required
by City Ordinance, County Code or State Statute (for example bite cases,
dangerous animal, or animal cruelty).
4. PAS will provide service to reunite lost pets with their family in accordance with
the City and County codes.
5. Animals that become the property of PAS will be assigned a disposition in
accordance to the policies and procedures of PAS.
6. PAS will operate in compliance with the local, state and federal laws pertaining to
operating an animal shelter.
7. PAS will provide janitorial and interior cleaning services for the shelter. Pueblo
County will provide maintenance and repair of the building and grounds,
including without limitation HVAC and other building systems, landscaping, roof,
parking lot and snow removal.
8. PAS will provide statistical reporting to Entity on a quarterly basis. PAS will
conduct quarterly meetings with City and County staff and will be available to
meet with City Council and the Board of County Commissioners at least two
times per year.
9. Any fees, licensing revenue or restitution collected by PAS remains the revenue
of HSPPR DBA Pueblo Animal Services.
10. Hours for the shelter will be as follows:
Receiving:
8:30 -5:00 Mon -Fri
8:30 -5:00 Sat -Sun
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Adoptions and Reclaims:
12:00 -5:00 Mon -Fri
12:00 -5:00 Sat -Sun
11. PAS shall provide reasonable adoption services and reasonable adoption fees
will be set and retained by PAS. Animals will be spayed or neutered before they
are adopted and if they are not eligible for sterilization, the adopter will pay a
spay and neuter deposit as mandated by state law.
Animal Law Enforcement Scope of Services
1. The Animal Law Enforcement Department service provider shall, during established
regular business hours, enforce City Code, County Resolutions and State Statutes
related to domestic animals within the entire area of the City of Pueblo and Pueblo
County excluding Military Installations, Universities and Colleges, and State and
County Parks. Animal Law Enforcement Officers employed by Animal Law
Enforcement will be given Special Police Powers as defined in the City Code and
County Resolution through appointment as prescribed by each entity.
ALE Officer Hours
April through October: 8:00 am to 9:00 pm
November through March: 8:00 am to 6:00 pm
Sundays throughout the year: 8:00 am to 5:00 pm
City / County Recognized Holidays Emergency On -Call Services Only
2. Animal Law Enforcement Officers shall respond to Emergency (Priority 1) calls for
service outside of regular business hours. Emergency (Priority 1) calls outside of
regular business hours shall be received and dispatched to Animal Law Enforcement
by the Pueblo Police Department Communication Center in accordance with
established policies and procedures.
Emergency (Priority 1) Calls for Service
CaII Type Description
Dangerous Animal Animal has attacked or threatened to attack coming in direct
at Large physical contact with a person or domestic animal and
animal is believed to be running at large. Animal has
attacked a person causing bodily or severe bodily injury and
animal remains a threat to public safety.
Assists to Law Response requested by law enforcement (Pueblo PD,
Enforcement or Fire Pueblo SO, CSP, etc.) to assist with domestic animal.
Department Common situation may include arrest where an animal
would be left unattended in a vehicle or home, search
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warrant, death of a person and animals are unattended,
domestic violence, or anytime law enforcement requires
assistance to remove an animal. Fire Department or other
government agency as may be required to assist with
control or removal of an animal such as a vehicle accident
where operator and /or passengers were transported for
health care and animal must be removed.
Critically Injured Situation involving life threatening injury to a domestic
Domestic Animals animal such as a dog or cat that was struck by an
automobile, is bleeding profusely or other injury where Toss
of animal's life is likely to occur if immediate treatment is not
provided.
Severe Animal Extremely emaciated, injured, or neglected animals that if
Cruelty left in the in their existing situation will likely result in severe
suffering and /or loss of life. Common situations may include
an animal hoarding case, co- occurrence of domestic
violence or child abuse where animal cruelty also exists, or
any other severe animal cruelty where the animal's life is in
immediate jeopardy.
Other Incidents On occasions there may be other situations where a
response from an Animal Law Enforcement Officer is
required after hours. These cases will be rare and normally
will be generated as a result of a request from law
enforcement or other governmental agency.
3. Animal Law Enforcement shall provide assistance to Law Enforcement as may be
reasonably requested by the Pueblo Police Department or Pueblo County Sheriff
Office 24 hours per day 7 days per week, at no additional cost to the City or County,
when domestic animals are present and responding Law Enforcement Agency is
requesting removal of those animals. The Pueblo Police Department and Pueblo
County Sheriff Office shall reciprocate requests by Animal Law Enforcement where
Law Enforcement assistance is required to execute the duties contained herein.
Animal Law Enforcement Officers will testify in court regarding summons issued at
no additional cost to the City or County.
4. Animal Law Enforcement and the PAS Shelter shall provide all necessary equipment
for the performance of Animal Law Enforcement Services under this Contract. Such
equipment shall include but is not limited to caging, computers, vehicles, swab units,
personal protective equipment, capture and handling devices, and other necessary
materials needed to protect officer safety and the welfare of animals, except that the
City or County shall provide assistance in procuring communication equipment (800
MHz or equivalent radios and dedicated frequency) and upgrades to that equipment
when necessary.
5. Animal Law Enforcement shall operate a Communications Center during approved
regular business hours. The Communications Center will answer telephone calls
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from the general public, City and County Staff, or other agencies related to Animal
Law Enforcement Services and dispatch Officers to matters related to enforcement
of City Code, County Resolution, and State Statutes involving domesticated animals.
After hour calls will be screened and dispatched through Pueblo City /County
dispatch center.
6. Animal Law Enforcement shall license animals in accordance with City Code and
County Resolutions. Appropriate records shall be maintained on licensed animals.
All funds collected for the licensing of animals shall be retained by HSPPR /DBA
PAS.
7. Contractor shall work collaboratively with the City's and County's representatives to
facilitate Animal Law Enforcement and animal sheltering needs. Appropriate
City /County Staff and PAS representatives will meet or coordinate not less than
quarterly to review performance, reports, and discuss opportunities for improvement.
8. Contractor shall provide humane treatment of all animals while in the care of PAS
and provide first aid services as required, including emergency veterinary care at the
expense of PAS.
9. Contractor shall provide humane euthanasia services for animals as required in the
performance of duties in a manner that conforms to statutes and regulations of the
State of Colorado and provide disposition of domestic animal carcasses as required
by law.
10. ALE will not respond to nuisance or dangerous wildlife calls, deceased wild animals,
or pick up owned, nuisance, or at large domestic felines. However, ALE agrees to
remove and dispose of deceased domestic animals reported on Entity's streets,
roads and public rights -of -way.
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EXHIBIT B
COMPENSATION SCHEDULE
The Entity agrees to pay Contractor for the complete and satisfactory performance of
Services under this Agreement in the following amount and per the following payment
schedule:
$1,316,067
One million three hundred sixteen thousand and sixty seven dollars
Payment of this amount will be made in twelve (12) equal monthly installments of
$109,672.25. The City of Pueblo shall pay $65,803.35 (60 %) of each monthly
installment and Pueblo County shall pay $43,868.90 (40 %) of each monthly installment.
The first payment will be due by the 10 of January 2014, and the remaining eleven (11)
payments will be made in succeeding months by the tenth day of each month thereafter.
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EXHIBIT C
ADDITIONAL TERMS AND CONDITIONS
Agreement between HSPPR and City of Pueblo and Pueblo County (together,
the "Entity ")
1. City and County may each provide one (1) representative for the PAS advisory
board.
2. City or County may audit HSPPR /DBA PAS financials within a mutually agreed
upon time frame and at their own expense. HSPPR will provide Entity with
supplemental statements in audited financial statements.
3. HSPPR may hire staff and provide benefit packages at its discretion using its
own funding.
4. Pueblo County will provide, at its own cost, snow removal at the PAS facility
when there is 2 inches of snow or more on sidewalks and parking area.
5. Pueblo County will provide at its own cost at the PAS facility all lawn and grounds
maintenance, mowing one time per week, provide appropriate fertilizer and weed
treatments three times a year, and service and winterize the sprinkler system and
provide off -lawn weed and bush care.
6. Pueblo County will provide HVAC services at its own cost for the PAS facility,
including tests, inspections, filter changes, and preventative service.
7. Pueblo County will provide at its own cost all other required building and parking
lot maintenance and repair needed for the PAS facility.
8. HSPPR owns certain equipment and personal property located at the PAS
shelter that was funded by donations and grants and not by Entity ( "HSPPR
Property"). HSPPR Property is identified on the attached Schedule 1, as may be
amended from time to time. In the event of termination of the Contract, HSPPR
shall be allowed to retain and remove all HSPPR Property from the PAS shelter.
9. HSPPR shall document the source of funds used for all equipment and other
purchases made for the performance of Services under this Contract. HSPPR
shall retain, and provide receipts or other documentation to Entity showing the
source of funds for each purchase and identify the ownership of the purchased
property (Entity or HSPPR). HSPPR shall provide written reports of its
purchases to Entity on no Tess than an annual basis.
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