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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 1 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 2 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. 3 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, 4 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. 5 (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 6 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 7 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 8 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. 9 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 10 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 11 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. 12 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. 13 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 . 14 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. 15 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. 16 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 17 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 2