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HomeMy WebLinkAbout09396 ORDINANCE NO. 9396 AN ORDINANCE APPROVING THE CONTRACT FOR SERVICES BETWEEN THE CITY OF PUEBLO, COUNTY OF PUEBLO AND THE ANIMAL WELFARE AND PROTECTION SOCIETY D/B/A PAWS FOR LIFE – COMMUNITY ANIMAL SHELTER 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 (“Contract”) dated December 26, 2018, between the City of Pueblo, the County of Pueblo and the Animal Welfare and Protection Society d/b/a PAWS for Life – Community Animal Shelter (“CAS”) 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 in the name of the City and the Acting 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 authorized and directed to perform any and all acts consistent with this Ordinance and attached Contract which are necessary to effectuate the purposes and transactions described therein. SECTION 4. Savings Clause: The immediate enactment of this Ordinance is necessary in order to preserve and protect the health, safety and welfare of the residents of the City because the Animal Services Contract currently in place will expire on December 31, 2018. Pursuant to Sec. 3-20 of the City Charter, this Ordinance shall become effective immediately upon final passage. INTRODUCED: December 26, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: December 26, 2018 City Clerk’s Office Item # S-1 Background Paper for Proposed Emergency Ordinance COUNCIL MEETING DATE: December 26, 2018 TO: President Christopher A. Nicoll and Members of City Council VIA: Brenda Armijo, Acting City Clerk FROM: Sam Azad, City Manager SUBJECT: AN ORDINANCE APPROVING THE CONTRACT FOR SERVICES BETWEEN THE CITY OF PUEBLO, COUNTY OF PUEBLO AND THE ANIMAL WELFARE AND PROTECTION SOCIETY D/B/A PAWS FOR LIFE – COMMUNITY ANIMAL SHELTER RELATING TO THE OPERATION OF THE ANIMAL SHELTER AND ENFORCEMENT OF LOCAL ORDINANCES, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME SUMMARY: Attached is an Ordinance which approves and authorizes the President of City Council to execute the contract with the Animal Welfare and Protection Society d/b/a PAWS for Life – Community Animal Shelter (“CAS”) to operate the animal shelter and enforce the City’s animal control ordinances for the 2019 - 2021 calendar years. PREVIOUS COUNCIL ACTION: The City and Pueblo County have, for many years, entered into three-year contracts with qualified organizations to operate the animal shelter and to enforce applicable animal control laws. BACKGROUND: This Ordinance approves the Contract between the City, Pueblo County and CAS relating to the operation of the animal shelter and enforcement of animal control ordinances (“Contract”) for calendar years 2019 - 2021. FINANCIAL IMPLICATIONS: Subject to annual appropriations, the City and Pueblo County agree to pay CAS $1,729,449.80 annually for animal shelter and animal control services. Approximately sixty percent (60%) of the contractual obligation will be paid by the City, leaving Pueblo County responsible for the remaining forty percent (40%) of the contractual payments. BOARD/COMMISSION RECOMMENDATION: The evaluation committee for County RFP 18-26 recommended that the three-year animal services contract be awarded to CAS. STAKEHOLDER PROCESS: City staff and County staff have collaborated in the issuance of County RFP 18-26; the evaluation of proposals and the drafting of the attached contract. ALTERNATIVES: If this Ordinance is not approved, the current animal services contract will expire on December 31, 2018 without a new contractor being selected. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Animal Services Contract ANIMAL WELFARE & PROTECTION SOCIETY ANIMAL SERVICES CONTRACT Contract No. Contractor: Animal Welfare & Protection Society Attn: Linda Mitchell, Director 800 N. Pueblo Blvd. Pueblo, CO 81003 (719) 543-6464 Representative/Contact Information: City of Pueblo: City Manager(or Mayor, when applicable) One City Hall Place, 2nd Floor Pueblo, CO 81003 (719) 553-2655 County of Pueblo: Cynthia Mitchell , Asst. County Attorney 215 W. 10th Street, Room 312 Pueblo, CO 81003 (719) 583-6630 Commencement Date: January 1, 2019 Expiration Date: December 31, 2021 This Animal Services Contract("Contract") is made and entered into as of this 26th day of December, 2018 ("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 Animal Welfare & Protection Society, a Colorado nonprofit corporation ("Contractor"). 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(both City and County) and Contractor in writing and upon mutual execution, shall become part of this Contract. Services shall be provided at the animal shelter facility jointly owned by City and County and located at 4600 Eagleridge Place, Pueblo Colorado. 2. Standard of Performance. In performing the Services, Contractor shall use that degree of care and 1 skill ordinarily performed by members of the same profession in the State of Colorado. Contractor represents to Entity that Contractor is and its employees and all future 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 and all future employees possess the skills, knowledge and abilities to competently, timely and professionally perform the Services in accordance with this Contract. More specific standards of Contractor's performance are set forth in Exhibit A. It is agreed by all parties that a failure of Contractor to perform the Services required in this Contract fully and/or a failure of Contractor to staff and equip the animal shelter and law enforcement operations to meet professional standards ordinary in the profession in the State of Colorado shall be considered a breach of this Contract. If either City or County makes a separate judgment that Contractor is not performing the required Services at any time during the term of this Contract that entity alone may take steps to terminate this Contract in accordance with the Termination provisions below. 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. It is understood by the Parties that fee schedules set forth in Exhibit B are subject to appropriation of funds by Entity. It is further understood that for fees described in Exhibit B, if the Pueblo County Board of County Commissioners and/or the Pueblo City Council fail to appropriate funds consistent with Exhibit B, Entity will not be bound by the compensation terms in Exhibit B and the Parties agree to meet as soon as possible to re-negotiate the compensation terms of this Contract. Payment of the Compensation shall be made in monthly installments and shall be due in advance on the 10th day of each month commencing on the Commencement Date and continuing thereafter through December 10th 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(both City and County)and Contractor in writing and, upon mutual execution, shall become part of this Contract.The parties agree that any refusal by Contractor to perform all services required under this Contract for the fees contracted and described in Exhibit B shall be grounds for termination of the Contract by either City or County. 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 (both City and County) and Contractor in writing. 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. 2 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 (City and County) personnel, or such independent auditors or accountants as are designated by Entity (City and County). Contractor shall permit the Entity (City and County) 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. 9. Termination. 9.1 Voluntary Termination. This Contract may be terminated by Entity(either City or County or both) 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(including City or County separately) 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 3 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 or a determination by either the City or County that it wishes to terminate the Contract because Contractor has not provided the services required by this Contract, 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. 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: Attn: Director County Attorney 800 N. Pueblo Blvd. 215 W. 10th St. Rm. 312 Pueblo, CO 81003 Pueblo, CO 81003 4 City of Pueblo Attn: City Manager (or Mayor when applicable) One City Hall Place, 2nd Floor 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. It is the expectation of all parties to this agreement that Contractor will perform all services under this Contract. Contractor shall not assign its interest in this Contract without the written consent of Entity (both City and County). 11.5 Subcontracts. The parties anticipate that subcontractors will not be needed by Contractor to perform the services required under this Contract. If Contractor experiences unusual and unforeseeable circumstances, it may request authority to utilize subcontractors to provide Contract Services. Any request to utilize subcontractors to provide contracted services must be approved by both City and County before any subcontractors may perform any services under this Contract. The decision of both City and County on any request by Contractor to use subcontractors for Contract Services will be made on the basis of what each government considers the best interest of the community. 11.6 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 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. 11.7 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. If Contractor believes that it is unable to perform the required Services while maintaining compliance with all applicable laws, rules or regulations or if Contractor believes that there is a conflict between state or federal laws and any applicable local law, rule, or regulation, the parties agree to meet within ten (10) business days to attempt to resolve the perceived conflict. 5 11.8 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 Contract 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, 104th Congress, as amended and expanded in Public law 156, 108th 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 (II) 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: (I) 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. (II) 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 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 6 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, creed,color,sex, marital status,age,religion,disability,sexual orientation or national origin or ancestry. 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 Colorado Constitution Article X Section 20. 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 Contract does not create a multi-fiscal year direct or indirect debt or 7 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 Contractor's Records Not Subject to Colorado Open Record's Act. Unless specifically identified as public records in the Scope of Services attached hereto as Exhibit A, all records of Contractor related to, prepared by, or maintained in connection with the provisions of services under this Contract are the property of Contractor, shall be deemed confidential and proprietary, and shall not be deemed public records as defined in the Colorado Open Records Act ("CORA"). Contractor will respond to public requests for records in accordance with Contractor's written policy concerning such disclosure. Any work product, materials, and documents produced or maintained by Contractor pursuant to this Contract shall remain the property of Contractor and retained in accordance with Contractor's written records retention policy. 11.18 Additional Terms and Conditions. Additional provisions set forth in Exhibit C attached hereto are made a part of this Contract. 11.19 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: CITY OF PUEBLO, COLORADO A MUNICIPAL CORPORATION ATTEST: By: Ct.& (A-4-111/(-4-(f hri -• er A. Nicoll Acting City Clerk President of the City Council Approved as to form Pueblo City Attorney BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO ) ATTEST: ��_ KeA/-- erry A. art Clerk to the :oard o County ommissifs 8 Chairperson REST OF THIS PAGE LEFT INTENTIONALLY BLANK SIGNATURE PAGE TO FOLLOW 9 Approved as to form Pu to CountyIL vAtttorrney� CONTRACTOR: ANIMAL WELFARE & PROTECTION SOCIETY A Colorado Nonprofit Corporation By: k(i/itinaeAl Name: L4141 Al Oo na,z! Title: P'esId erlt of L?bd tici STATE OF COLORADO ) )ss. COUNTY OF PUEBLO ) .1L The foregoing int�u rent was acknowledged before me this a6 . day of December, 2018 by Ru' .4 mc DogA1..o as rn ha- . . 0 V .0 1, of the Animal Welfare & Protection Society, a Colorado Nonprofit Corporation Witness my hand and official seal. My commission expires: 66, • 0 1 • I $ ` -_ -. 1 [$i Lc1.KOGOVSEK i. cZ�/�"` C= • �iQ�L1}"� NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID#20084004831 MY COMMISSION EXPIRES08-01-2020 10 EXHIBIT A SCOPE OF SERVICES Sheltering Scope of Services 1. The Animal Welfare and Protection Society dba PAWS for Life — Community Animal Services of Pueblo (Community Animal Services of Pueblo) shall be the designated shelter operator for the City of Pueblo and Pueblo County. Community Animal Services of Pueblo 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 from the general public during business hours determined by Community Animal Services of Pueblo. 2. Animals shall be provided humane treatment and veterinary care during their stay at Community Animal Services of Pueblo. 3. Animals impounded by Animal Law Enforcement("ALE")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. Community Animal Services of Pueblo 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 Community Animal Services of Pueblo will be assigned a disposition in accordance to the policies and procedures of Community Animal Services of Pueblo. 6. Community Animal Services of Pueblo will operate in compliance with the local, state and federal laws pertaining to operating an animal shelter. 7. Community Animal Services of Pueblo will provide janitorial and interior cleaning services for the shelter. Pueblo County will provide routine maintenance and repair of the building and grounds, including without limitation HVAC and other building systems, landscaping, roof, parking lot and snow removal. City and County will replace or repair any HVAC unit that fails at the City/County animal shelter facility. 8. Community Animal Services of Pueblo will provide statistical reporting to Entity on a quarterly basis. Community Animal Services of Pueblo 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 Community Animal Services of Pueblo remains the revenue of Community Animal Services of Pueblo. 10. Hours for the shelter will be as follows: Receiving: 8:30-5:00 Mon-Fri 8:30-5:00 Sat-Sun 11 Adoptions and Reclaims: 12:00-5:00 Mon-Fri 12:00-5:00 Sat-Sun 11. Community Animal Services of Pueblo shall provide reasonable adoption services and adoption fees will be set and retained by Community Animal Services of Pueblo. Animals will be spayed or neutered before they are adopted 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 year: 8:00 am to 5:00pm Call 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 . 12 Assists to Law Response requested by law enforcement (Pueblo PD, Pueblo Enforcement or Fire SO, CSP, etc.)to assist with domestic animal. Common situation Department may include arrest where an animal would be left unattended in a vehicle or home, search 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 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. City/County Holidays: Emergency On-Call Services Only 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 Critically Injured Domestic Situation involving life threatening injury to a domestic Animals animal such as a dog or cat that was struck by an automobile, is bleeding profusely or other injury where loss of animal's life is likely to occur if immediate treatment is not provided. Severe Animal Cruelty Extremely emaciated, injured, or neglected animals that if 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. 2. 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. 13 3. Animal Law Enforcement and the Community Animal Services of Pueblo 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. 4. Animal Law Enforcement shall operate a Communications Center during approved regular business hours. The Communications Center will answer telephone calls 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. 5. 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 Community Animal Services of Pueblo. 6. Community Animal Services of Pueblo 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 Community Animal Services of Pueblo representatives will meet or coordinate not less than quarterly to review performance, reports, and discuss opportunities for improvement. 7. Community Animal Services of Pueblo shall provide humane treatment of all animals while in the care of Community Animal Services of Pueblo and provide first aid services as required, including emergency veterinary care at the expense of Community Animal Services of Pueblo. 8. Community Animal Services of Pueblo 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. 9. 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. 14 EXHIBIT B COMPENSATION SCHEDULE Subject to appropriation of funds by the Pueblo County Board of County Commissioners and the Pueblo City Council for their respective fee obligations, Entity agrees to pay Community Animal Services of Pueblo for the complete and satisfactory performance of Services under this Agreement in the following amount and per the following payment schedule: City of Pueblo agrees to pay the Community Animal Services of Pueblo as follows: $3,113,010. Payment of this amount will be made in thirty-six (36) equal monthly installments of $86,472.50. The first payment will be due by the 10th of January 2019, and the remaining thirty-five (35) payments will be made in succeeding months by the tenth day of each month thereafter. Pueblo County agrees to pay the Community Animal Services of Pueblo as follows: $2,075,339.80. Payment of this amount will be made in thirty-six (36) equal monthly installments of $57,648.33. The first payment will be due by the 10th of January 2019, and the remaining thirty-five (35) payments will be made in succeeding months by the tenth day of each month thereafter. 15 EXHIBIT C ADDITIONAL TERMS AND CONDITIONS Agreement between Community Animal Services of Pueblo and City of Pueblo and Pueblo County (together, the "Entity") 1. City and County may each provide one (1) representative for the Community Animal Services of Pueblo advisory board. 2. City or County may audit Community Animal Services of Pueblo financials within a mutually agreed upon time frame and at their own expense. Community Animal Services of Pueblo will provide Entity with supplemental statements in audited financial statements. 3. Community Animal Services of Pueblo 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 City/County animal shelter 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 City/County animal shelter 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 City/County animal shelter facility, including tests, inspections, filter changes, and preventative service. City and County will replace any HVAC unit that fails at the City/County animal shelter facility. 7. Pueblo County will provide at its own cost all other required building and parking lot maintenance and repair needed for the City/County animal shelter facility. 8. Community Animal Services of Pueblo will be responsible for paying all utilities used at the City/County animal shelter facility required for performing any services under this Contract. This includes (but is not limited to) electricity, gas, trash services, telephone, and internet services 9. Community Animal Services of Pueblo shall document the source of funds used for all equipment and other purchases made for the performance of Services under this Contract. Community Animal Services of Pueblo 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 Community Animal Services of Pueblo). Community Animal Services of Pueblo 16 shall provide written reports of its purchases to Entity on no less than an annual basis. 10. All equipment and other personal property purchased by Community Animal Services of Pueblo with funds received from Entity pursuant to this Contract are and shall remain the jointly owned property of Entity. 11. Entity may request, at any time, copies of behavior reports (including videos) for any domesticated animal in the custody of Community Animal Services of Pueblo and Community Animal Services of Pueblo agrees to provide such behavior reports (including videos)to Entity within 24 hours of being notified of such request. 17