HomeMy WebLinkAbout09444ORDINANCE NO. 9444
AN EMERGENCY ORDINANCE APPROVING A NINETY
(90) DAY ANIMAL SERVICES CONTRACT BETWEEN THE
CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION AND PUEBLO COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF COLORADO AND THE
HUMANE SOCIETY OF THE PIKES PEAK REGION, A
COLORADO NON-PROFIT CORPORATION RELATING TO
THE OPERATION OF THE ANIMAL SHELTER AND THE
ENFORCEMENT OF LOCAL ANIMAL CONTROL
ORDINANCES AND AUTHORIZING THE MAYOR TO
EXECUTE SAID CONTRACT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The ninety (90) day contract for animal services, dated April 9, 2019, between
the City of Pueblo, a Colorado municipal corporation and Pueblo County, a political
subdivision of the State of Colorado and the Humane Society of the Pikes Peak Region,
a Colorado non-profit corporation, having been approved as to form by the City Attorney,
is hereby approved. The Mayor is authorized to execute and deliver said 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 2.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with this Ordinance the attached contract which are necessary or
desirable to implement the transactions described therein.
SECTION 3.
As of the date of this Ordinance, the City of Pueblo does not have a functioning
animal shelter. Adoption of this Ordinance is necessary on an emergency basis, pursuant
to Section 3-20 of the City Charter, in order to re-open the City’s animal shelter.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on April 8, 2019 .
Final adoption of Ordinance by City Council on April 8, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on April 11, 2019 .
☐
Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
☐
Council did not act to override the Mayor's veto.
☐
Ordinance re-adopted on a vote of , on
☐
Council action on __________________failed to override the Mayor’s veto.
President of City Council
ATTEST
Acting City Clerk
City Clerk’s Office Item # S-2
Background Paper for Proposed
Emergency Ordinance
COUNCIL MEETING DATE: April 8, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, Acting City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN EMERGENCY ORDINANCE APPROVING A NINETY (90) DAY ANIMAL
SERVICES CONTRACT BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION AND PUEBLO COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF COLORADO AND THE HUMANE SOCIETY
OF THE PIKES PEAK REGION, A COLORADO NON-PROFIT CORPORATION
RELATING TO THE OPERATION OF THE ANIMAL SHELTER AND THE
ENFORCEMENT OF LOCAL ANIMAL CONTROL ORDINANCES AND
AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT
SUMMARY:
Attached is an Emergency Ordinance approving a ninety (90) day animal services contract with
the Humane Society of the Pikes Peak Region (“HSPPR”).
PREVIOUS COUNCIL ACTION:
On January 11, 2016, by Ordinance No. 6963, the City Council approved a three-year animal
services contract with HSPPR. Said contract expired on December 31, 2018.
On December 26, 2018, by Ordinance No. 9396, the City Council approved a three-year contract
for animal services with the Animal Welfare and Protection Society d/b/a PAWS for Life –
Community Animal Shelter of Pueblo (“CASP”).
BACKGROUND:
On March 27, 2019, CASP surrendered its license to operate the animal shelter to state authorities
and the animal shelter has been closed since that date.
HSPPR shall accept animals brought in by Entity law enforcement personnel arising from
Animal Law Enforcement - related activities 24 hours per day 7 days per week. Access
to the Pueblo Animal Shelter Facility will be provided to Entity law enforcement after the
Shelter’s regular business hours (by providing keys or a door pad code) and law
enforcement will follow HSPPR’s written procedure for kenneling animals overnight until
Shelter staff arrives for work the next day. The Facility will not be staffed overnight or
other than between the hours of 8:00 am to 6:00 pm daily. The Pueblo Animal Shelter
Facility will be open to the public 12 noon to 5 p.m. each day.
FINANCIAL IMPLICATIONS:
HSPPR has agreed to operate the animal shelter and to provide enforcement of animal control
ordinances at the rate of $5,500 per day with fifty-five percent (55%) to be paid by the City and
forty-five percent (45%) to be paid by the County. The attached contract also provides that HSPPR
will be paid $25,000 in “start-up” costs due upon execution of the contract (55% from the City and
45% from the County).
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
The Mayor, the President of City Council and City staff have collaborated with Pueblo County
Commissioners and County staff to negotiate and prepare the attached contract.
ALTERNATIVES:
If this Ordinance is not approved, the animal shelter will remain closed.
RECOMMENDATION:
Approve the Ordinance.
Attachments: Proposed Ordinance
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
jmchugh-smith@hsppr.org
Representative/Contact Information:
City of Pueblo: Dan Kogovsek, City Attorney
1 City Hall Place, 3rd Floor
Pueblo, CO 81003
(719)562-3899
dkogovsek@pueblo.us
County of Pueblo: Cynthia Mitchell, County Attorney
215 W. 10th Street, Suite 354
Pueblo, CO 81003
(719) 583-6630
mitchellc@pueblocounty.us
Commencement Date: April 9, 2019
Expiration Date: no later than July 8, 2019
This Animal Services Contract("Contract")is made and entered into as of this 9th day of April, 2019
("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. Due to the unexpected loss of Animal Shelter and Animal Law Enforcement Services, Entity
desires to purchase and receive from Contractor the temporary 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.
C. Entity agrees to make substantial progress toward securing a long term contract with a vendor
for provision of Animal Shelter and Animal Law Enforcement services. Evidence of such substantial
progress includes(but is not limited to)the issuance of a Request for Proposals(RFP)or a decision
by Entity to select a long term vendor under emergency contracting procedures.
D. It is understood by the parties that if Entity has not made substantial progress toward securing
a long term contract for Animal Shelter and Animal Law Enforcement services by initiating an RFP
process or engaging in negotiations with a long term vendor under emergency contracting
procedures within 60 days following execution of this Agreement, then Contractor will end its
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provision of services under this Agreement after the 90th day of service. Entity acknowledges
Contractor will not extend this Agreement beyond July 8, 2019.
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, its employees, and any of its subcontractors
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.
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. 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. If Contractor provides
any services to Entity not described in this Agreement due to a fire, flood, or any similar
unanticipated emergency, then Contractor will be paid in accordance with Contractor's emergency
compensation schedule attached as Exhibit B-1. .
4. Term. The term of this Contract shall commence on the Commencement Date and shall
terminate on the Expiration Date unless the parties mutually agree in writing to terminate the
Contract at an earlier date.
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
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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.
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 thirty (30) 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 30-
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 sixty(60)
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
sixty (60) 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. General Conditions.
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10.1 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: Cynthia Mitchell Attn: Jan McHugh-Smith, CEO
County Attorney 610 Abbot Lane
215 W. 10th St. Rm. 312 Colorado Springs, CO 80905
Pueblo, CO 81003
City of Pueblo
Attn: Dan Kogovsek
City Attorney
1 City Hall Place, 3rd Floor
Pueblo, CO 81003
10.2 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.
10.3 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.
10.4 Assignment/Subcontracts. Contractor shall not assign its interest in this Contract.
Contractor may subcontract any of the Services to be performed under this Contract with the written
consent of Entity.
This Agreement is understood by the Parties to be written consent for Contractor to
subcontract with the Dumb Friends League for Animal Shelter services under this Agreement.
Contractor shall provide Entity with any written agreement with a subcontractor related to the
Services under this contract within five (5) business days of the execution of any such agreement.
10.5 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 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.
10.6 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,
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regulations and resolutions that are in place at the time of execution of this Agreement 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.
10.7 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.
10.8. 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.
(Ill) 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.
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(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.
10.9 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.
10.10 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.
10.11 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.
10.12 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.
10.13 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.
10.14 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.
10.15 Binding Effect. This Contract shall be binding upon the successors, heirs, legal
representatives, and authorized assigns of Entity and Contractor.
10.16 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 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
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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.
10.17 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, which is attached to this Agreement as Exhibit D. 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.
10.18 Additional Terms and Conditions. Additional provisions set forth in Exhibit C
attached hereto are made a part of this Contract.
10.19 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:
Pueblo, a municipal corporation
�� - dC ( th4
By: Attes .
Mayor Acting City Clerk
Date: 11if_Ay?
Approved as to form:
Pueblo City Attorney
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Board of County Commissioners of
Pueblo County, Colorado //it. /./4
= ~ ,
Chairperson of a Board Clerk to the Board of aunty
Commissioners
Approved as to form:
Pue Io County Attorney
CONTRACTOR:
Humane Society of the Pikes Peak Region
a Colorado nonprofit corporation
By: - .. 111111.
Jan cHugh-Smith, C '/President
Date: C-)'-� , SCA
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EXHIBIT A
SCOPE OF SERVICES
Sheltering Scope of Services
1. The Humane Society of the Pikes Peak Region ("HSPPR") shall be the
designated shelter operator for the City of Pueblo and Pueblo County.
2. HSPPR will enter into a Memorandum of Understanding (MOU) with the
Dumb Friends League ("DFL") to provide service support for operations
under this Agreement.
3. HSPPR will begin work at the Pueblo Animal Shelter Facility on the day this
Agreement is executed and HSPPR and DFL will ramp up shelter
operations within 7 days of the execution of the Agreement.
4. HSPPR shall accept animals brought in by Entity law enforcement
personnel arising from Animal Law Enforcement- related activities 24 hours
per day 7 days per week. Access to the Pueblo Animal Shelter Facility will
be provided to Entity law enforcement after the Shelter's regular business
hours (by providing keys or a door pad code) and law enforcement will
follow HSPPR's written procedure for kenneling animals overnight until
Shelter staff arrives for work the next day. The Facility will not be staffed
overnight or other than between the hours of 8:00 am to 6:00 pm daily. The
Pueblo Animal Shelter Facility will be open to the public 12 noon to 5 p.m.
each day.
5. The shelter shall accept stray and owned domestic animals from the Pueblo
City and Pueblo County residents during business hours determined by
HSPPR.
6. Animals shall be provided humane treatment and veterinary care during
their stay at HSPPR. Until HSPPR has obtained all necessary licenses
during the Term all urgent and emergency veterinary care will be
outsourced to local veterinarians. As HSPPR will need to apply for DEA
and State Pharmacy Licences, internal veterinary care will be limited until
licenses are approved. Shelter medicine will be provided by HSPPR and
DFL medical staff daily.
7. HSPPR will provide temporary equipment such as caging, computer, animal
software inventory system, phones, animal care and control equipment, and
animal food, disinfectant, vaccinations, medication and ALE trucks from
HSPPR.
8. HSPPR will, at its discretion, transfer out animals to other shelters after
relinquishment and stray holding periods.
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9. 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).
10.HSPPR will provide service to reunite lost pets with their families in
accordance with the City and County codes.
11.Animals that become the property of HSPPR will be assigned a disposition
in accordance to the policies and procedures of HSPPR and in a manner
consistent with Colorado law and local codes and ordinances.
12.HSPPR and any subcontractors of HSPPR will operate in compliance with
the local, state and federal laws pertaining to operating an animal shelter.
13.Pueblo County 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.
14.HSPPR will provide statistical reporting to Entity on a monthly basis.
HSPPR will conduct at least one meeting with City and County staff during
the term of this Agreement and will be available to meet with City Council
and the Board of County Commissioners on an "as needed" basis.
15.Any fees, licensing revenue or restitution collected by HSPPR remain the
revenue of HSPPR.
16.HSPPR will provide liability insurance coverage for all services under this
Agreement as well as vehicle insurance.
17.Contractor shall provide humane treatment of all animals while in the care
of HSPPR and provide first aid services as required, including emergency
veterinary care at the expense of HSPPR.
18.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 appropriate disposition
of domestic animal carcasses as required by law.
19.Hours for the shelter will be as follows:
Receiving and Reclaims:
12:00-5:00 Mon-Fri
12:00-5:00 Sat-Sun
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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
8:00 a.m. — 6:00 p.m.
(no night call)
2. Animal Law Enforcement Officers shall respond to priority and emergency calls
from 8:00 a.m. to 6:00 p.m. each day. Animal Law Enforcement shall respond
to other calls as staff levels allow from 8:00 a.m. to 6:00 p.m. each day. No call
coverage will be provided outside of these designated hours.
Emergency (Priority 1) Calls for Service
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.
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
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 loss
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
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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. HSPPR will dispatch calls for ALE services during ALE's regular working hours
of 8:00 a.m. to 6:00 p.m. daily.
4. Animal Law Enforcement shall provide assistance to Law Enforcement as may
be reasonably requested by the Pueblo Police Department or Pueblo County
Sheriff Office from 8:00 a.m. to 6:00 p.m. each day, 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.
5. Animal Law Enforcement and HSPPR 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.
6. Animal Law Enforcement shall operate a Communications Center during from
8:00 a.m. to 6:00 p.m. each day.. 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.
7. 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.
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8. 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 HSPPR representatives will meet or
coordinate on an as-needed basis to review performance, reports, and discuss
opportunities for improvement.
9. ALE will not respond to nuisance or dangerous wildlife calls, deceased wild
animals or pick up owned, nuisance, or at large domestic felines. ALE will not
provide dead animal pick-up.
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EXHIBIT B
COMPENSATION SCHEDULE
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:
City of Pueblo agrees to pay the Contractor as follows:
1. $13,750.00 to cover start up costs, due at the time of execution of this
Agreement.
2. $3,025.00 per day that Contractor is providing service under this
Agreement, payable as follows:
a. Payment for services to be provided in April, 2019 are due upon
execution of this Agreement.
b. Payment for services to be provided in May, June, and to July 8„ 2019
are due no later than the tenth (10th) day of each month the services are
being provided (e.g., the May payment is due no later than May 10).
3. As indicated in Paragraph 3 of this Agreement, City agrees that
unanticipated services provided by Contractor during an emergency will be
reasonably compensated in accordance with the emergency compensation
schedule attached as Exhibit B-1.
Pueblo County agrees to pay the Contractor as follows:
1. $11,250.00 to cover start up costs, due at the time of execution of this
Agreement.
2. $2,475.00 per day that Contractor is providing service under this
Agreement, payable as follows:
a. Payment for services to be provided in April, 2019 are due upon
execution of this Agreement.
b. Payment for services to be provided in May, June and July, 2019 are
due no later than the tenth (10th) day of each month the services are
being provided.
3. As indicated in Paragraph 3 of this Agreement,County agrees that
unanticipated services provided by Contractor during an emergency will be
reasonably compensated in accordance with the emergency compensation
schedule attached as Exhibit B-1 .
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EXHIBIT B-1
EMERGENCY COMPENSATION SCHEDULE
Personnel/Goods/Services
Companion animal and livestock sheltering, food, and water. Veterinarian care
and medications for animals. Emergency rescue and transportation. Lost and
Found animal services. Other resources as needed and/or available.
Procedures
Contact as needed.
Pricing
Dog/Cat: $20 per day
Livestock: $18 per day
Fowl: $3 per day
Other: $10 per day
ALE Vehicles: $20 per hour
Emergency Transport: $20 per hour
Livestock & Equipment Trailers: $10.20 per hour in transport
HSPPR Representative Vehicles: $0.50 per mile
HSPPR Staff: $16-$28 per hour depending on responsibilities
The City of Pueblo will pay 55% of Emergency Compensation.
Pueblo County will pay 45% of Emergency Compensation.
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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 to the HSPPR
Pueblo Facility advisory board.
2. City or County may review or audit HSPPR Pueblo operations financials
within a mutually agreed upon time frame and at their own expense. HSPPR
will provide Entity with financial statements and related financial documents
maintained by HSPPR for this Agreement.
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 Pueblo
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 Pueblo 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 Pueblo
Animal Shelter 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 needed for the Pueblo Animal Shelter Facility.
8. Entity will provide at its own cost all major repairs needed for the Pueblo
Animal Shelter Facility.
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EXHIBIT D
HSPPR'S RECORDS POLICY
HSPPR is a transparent organization providing annual animal data as
required by law through the Pet Animal Care Facilities Act and posting
the report on HSPPR.org website. As a private nonprofit, HSPPR records,
procedures and policies are proprietary and do not fall under the
Colorado Open Records Acts ("CORA").
HSPPR personnel, individual animal and client records at Humane
Society of the Pikes Peak Region are considered privileged and
confidential and shall not be released except by court order, a public
health emergency or statistical and scientific research if the information
is abstracted in a way as to protect the identity of the animal and the
client. The exception is pet license/microchip information. When
tracing an owner through a pet license tag or microchip for a lost pet,
staff may only release the owners' first name and phone number to assist
the public with reuniting the pet with their family. When a veterinary
clinic, shelter or rescue organization requests license/microchip
information to reunite a stray pet with the family, we will provide name,
phone number and address.
To request records for an Animal Law Enforcement (ALE) criminal case,
clients directly involved in the case may submit a record request to ALE.
ALE may charge a reasonable fee to provide a copy of the case records.
HSPPR reserves the right to redact confidential information.
HSPPR's licensed veterinarian shall provide a copy of the complete
animal medical record to the animal's owner no later than three business
days after the practice receives from the client a request for the record.
HSPPR may have an additional three business days to provide a copy of
non-digital diagnostic images. HSPPR may charge reasonable and
customary fees for the copying of records. Veterinary records are held for
three years.
Any exception of the policy is at the discretion of the President 86 CEO in
consultation with the Board of Directors.
Approved: 04.17.2018
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RESOLUTION NO. 19- 094
THE BOARD OF COUNTY COMMISSIONERS
OF PUEBLO COUNTY, COLORADO
APPROVING A CONTRACT FOR SERVICES BETWEEN THE
HUMANE SOCIETY OF THE PIKES PEAK REGION,THE CITY OF PUEBLO,
AND PUEBLO COUNTY FOR THE OPERATION OF THE PUEBLO ANIMAL
SHELTER AND ENFORCEMENT OF LOCAL ANIMAL CONTROL
ORDINANCES
WHEREAS, Sections 18 (2) (a) and (b) of Article XIV of the Colorado Constitution, and
C.R.S. § 29-1-203 authorize governments to contract and cooperate with one another in providing
services; and
WHEREAS, the City of Pueblo (the "City") and Pueblo County (the "County") have
adopted and enacted ordinances and resolutions to provide for humane treatment, impoundment
and control of animals, and have appropriated and budgeted monies necessary to effectuate these
objectives; and
WHEREAS, the former contractor hired to provide these services was no longer able to
perform and that contract was terminated by a mutual agreement dated April 4, 2019, leaving the
City and the County without a provider for these services; and
WHEREAS, the County is permitted to contract on an emergency basis for services
without delay for normal procurement methods when there is a situation that creates a threat to
public health, welfare, or safety; and
WHEREAS,the Humane Society of the Pike Peak Region,the City of Pueblo,and Pueblo
County desire to enter into a contract for the provision of services by the Human Society of the
Pikes Peak Region for up to ninety days; and
WHEREAS,the County, the City, and the Human Society of the Pikes Peak Region have
negotiated a Contract for Services for up to ninety days; and
WHEREAS, the Contract for Services provides payment as follows:
1. City of Pueblo agrees to pay the Humane Society of the Pikes Peak Region as follows:
$13,750 to cover start up costs; $3,025 per day that services are provided; and
compensation for services provided pursuant to Exhibit B-1 to the agreement for any
emergency that occurs while services are provided.
2. Pueblo County agrees to pay the Humane Society of the Pikes Peak Region as follows:
$11.250 to cover start up costs; $2,475 per day that services are provided; and
compensation for services provided pursuant to Exhibit B-1 to the agreement for any
emergency that occurs while services are provided.
RESOLUTION NO. I9-094 (CONTINUED)
3. The Contract for Services also states that Pueblo County will provide in-kind services of
ground and building maintenance, snow removal and HVAC maintenance and repair.
4. It is expressly understood by the parties that fee schedules are subject to appropriation of
funds by Pueblo County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pueblo County,Colorado,that the Contract for Services between the Humane Society of the Pikes
Peak Region, the City of Pueblo, and Pueblo County, for the operation of the Pueblo Animal
Shelter and the enforcement of local animal control ordinances for up to ninety days, which is
attached hereto and incorporated herein by this reference,is hereby approved, and the Chair of the
Board of County Commissioners of Pueblo County, Colorado, is hereby authorized to sign said
Contract for Services on behalf of Pueblo County.
PASSED AND ADOPTED this 9th day of April, 2019,in Pueblo County, Colorado.
THE BOARD OF COUNTY COMMISSIONERS
OF PUEBL• COUNTY
By: .� _ / �•.-
Garrison Ortiz, hair
ATTEST:
BY —mese
Gilbert Ortiz, County Clerk'
U:\B\RES\SL HUMAN SOCIETY PIKES PEAK 90 DAY.DOCX
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