HomeMy WebLinkAbout10381ORDINANCE NO. 10381
AN ORDINANCE APPROVING AN 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
PUEBLO 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 Contract for Animal Services (“Contract”) dated January 1, 2023, between
the City of Pueblo, a Colorado municipal corporation (“City”) and Pueblo County, a
political subdivision of the State of Colorado (“County”) and the Humane Society of the
Pikes Peak Region, a Colorado non-profit corporation (“HSPPR”) 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 City Clerk is authorized to affix
the seal of the City thereto and attest same.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Ordinance and the attached Contract which are necessary or
desirable to implement the transactions described therein.
SECTION 3.
This Ordinance shall become effective on the date of final action by the Mayor
and City Council nunc pro tunc January 1, 2023.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on January 23, 2023 .
Final adoption of Ordinance by City Council on February 13, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on February 15, 2023 .
□ 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
Deputy City Clerk
City Clerk's Office Item # R7
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: January 23, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE APPROVING AN 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 PUEBLO
ANIMAL SHELTER AND THE ENFORCEMENT OF LOCAL ANIMAL
CONTROL ORDINANCES AND AUTHORIZING THE MAYOR TO
EXECUTE SAID CONTRACT
SUMMARY:
Attached is an Ordinance approving an animal services contract with the Humane
Society of the Pikes Peak Region (“HSPPR”) for 2023 through 2025.
PREVIOUS COUNCIL ACTION:
On April 8, 2019, by Ordinance No. 9444, and on June 24, 2019, by Ordinance No.
9492, the City Council approved animal services contracts with HSPPR.
BACKGROUND:
This Ordinance approves the Contract between the City, Pueblo County and HSPPR
relating to the operation of the animal shelter and enforcement of animal control
ordinances (“Contract”) for from January 1, 2023 through December 31, 2025.
FINANCIAL IMPLICATIONS:
Fee Schedule:
Year City County Total % Increase
2023 $ 1,742,602 $ 1,161,735 $ 2,904,337
2024 1,794,880 1,196,587 2,991,467 3%
2025 1,848,726 1,232,485 3,081,211 3%
Total $ 5,386,208 $ 3,590,807 $ 8,977,015
Monthly Payments:
Year City County Total
2023 $ 145,216.83 $ 96,811.25 $ 242,028.08
2024 149,573.33 99,715.58 249,288.91
2025 154,060.50 102,707.08 256,767.58
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, HSPPR may discontinue the management of the
animal shelter and enforcement of animal control ordinances.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
1. Contract between City and HSPPR (2023-2025)
HUMANE SOCIETY OF THE PIKES PEAK REGION
ANIMAL SERVICES CONTRACT
Contractor: Humane Society of the Pikes Peak Region
610 Abbot Lane
Colorado Springs, CO 80905
(719)473-1741
Attn: Duane Adams, President/CEO
dadams@hsppr.org
Representative/Contact Information:
City of Pueblo: Dan Kogovsek,City Attorney
1 City Hall Place
Pueblo,CO 81003
(719)562-3899
dkogovsek@pueblo.us
County of Pueblo: Cynthia Mitchell, County Attorney
215 W. 10"' Street, Room 312
Pueblo, CO 81003
(719)583-6630
mitchellc@co.pueblo.co.us
Commencement Date: January 1, 2023
Expiration Date: December 31,2025
This Animal Services Contract("Contract") is made and entered into effective January 1, 2023 by
and between the City of Pueblo, a municipal corporation ("City") and the Board of County
Commissioners of Pueblo County, Colorado ("County") (together, "Entity") and the Humane
Society of the Pikes Peak Region, a Colorado nonprofit corporation ("Contractor"). Contractor
also conducts its operations by and through its operational division known as Animal Law
Enforcement Services ("ALE").
Background and Purpose
A. Entity desires to purchase and receive from Contractor the animal services described in the
Scope of Services attached hereto as Exhibit A and incorporated by this reference.
B. Contractor is an entity qualified and able to provide the type of services required by Entity and
is willing to provide such services in accordance with the terms and conditions set forth in this
Contract.
NOW, THEREFORE, in consideration of the benefits and obligations under this Contract, Entity
and Contractor agree as follows:
Agreement
1. Scope of Services. Entity agrees to retain Contractor to perform the services described in
Exhibit A("Services"). Any modification to the Services provided by Contractor must be approved
by Entity and Contractor in writing and upon mutual execution, shall become part of this Contract.
In addition to the services described in Exhibit A and the other Exhibits to this Contract, Contractor
agrees to provide assistance to Pueblo City and County Law Enforcement and Emergency
Management Personnel in emergency situations that threaten animals in the Pueblo Community
1
such as fires, floods and other natural disasters consistent with the Pueblo Community Animal
Response Team (CART)Agreement of November, 2016.
2. Standard of Performance. In performing the Services, Contractor shall use that degree of care
and skill ordinarily performed by members of the same profession in the state of Colorado.
Contractor represents to Entity that Contractor is and its employees performing such Services are
properly licensed and/or registered within the state of Colorado (if licensure and/or registration is
required by applicable law) and that Contractor and its employees possess the skills, knowledge
and abilities to competently,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. It is understood
and agreed to by the Parties that City and County may adjust the percentage of fees each owes to
Contractor under this Contract as long as the total amount paid to Contractor each month by Entity
remains unchanged. Entity will provide 30 days written notice to Contractor prior to any change in
the percentage of fees paid under this Contract by City and County. Under no circumstances will
the total amounts owed by Entity to Contractor under this Contract be changed by any adjustment
to the fee split between City and County. It is understood by the Parties that fee schedules set forth
in Exhibit B are subject to appropriation of funds by Entity. Payment of the Compensation shall be
made in monthly installments and shall be due in advance on the tenth day of each month
commencing following the execution of this Contract and continuing thereafter until through
December 10 of the last year of the Term. Any cost,charge,fee or expense incurred by Contractor
that is not specifically authorized under this Contract shall be deemed a non-reimbursable cost and
Contractor shall be solely responsible for payment. Any modification of Compensation to be paid
to Contractor must be approved by Entity and Contractor in writing and, upon mutual execution,
shall become part of this Contract.
4. Term. The term of this Contract shall commence on the Commencement Date and shall
terminate on the Expiration Date unless earlier terminated under this Contract, or otherwise agreed
by Entity and Contractor in writing. Services to be performed under this Contract shall begin on
January 1, 2023. Unless the Parties agree in writing to extend this Contract or enter into a
superceding contract with Contractor, Entity will provide the following notices to Contractor:
a. No later than 240 days prior to the scheduled expiration of this Contract,
Entity will issue a Request for Proposals(RFP)soliciting bids for providing
Animal Shelter and/or Animal Law Enforcement services and will provide
Contractor with a copy of any such RFP.
b. No later than 180 days prior to the scheduled expiration of this Contract,
Entity will notify Contract regarding what entity or entities were selected
after evaluation of the RFP responses.
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
2
policies that relate to the Services performed by Contractor under this Contract. All insurance
policies maintained by Contractor under this Contract shall contain an endorsement waiving
subrogation against Entity.
7. Indemnification and Hold Harmless. Contractor expressly agrees to, and shall, indemnify and
hold harmless Entity and any of its officers,agents, or employees from any and all claims,damages,
liability, or court awards, including costs and reasonable attorney fees that are or may be awarded
as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone,
including but not limited to, any person,firm, or entity in connection with or arising out of any act or
omission by Contractor or any of its employees, agents, partners, subcontractors, consultants, or
others working on behalf of Contractor in performance of the Services under this Contract. Nothing
in this paragraph shall constitute an agreement by Contractor to indemnify or hold Entity harmless
for any act or omission by Entity or any of its officers, agents, or employees.
8. Audit and Inspection. Contractor shall at all times during the term of this Contract maintain
such books and records as shall sufficiently and properly reflect all direct costs of any nature in the
performance of this Contract, and shall utilize such bookkeeping procedures and practices as will
reflect these costs. Books and records shall be subject, at any reasonable time, to inspection, audit
or copying by authorized Entity personnel, or such independent auditors or accountants as are
designated by Entity. Contractor shall permit the Entity representative or other authorized Entity
personnel, at any reasonable time during regular business hours upon advance notice, to inspect
the facility and 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 ninety (90)days
prior to termination. in the event of the exercise of the right of voluntary termination as provided
by this paragraph:
A. Contractor shall continue to provide complete and full Services in connection with
this Contract after receipt of or issuance of a notice of termination during the 90-
day notice period, and Entity shall continue to pay compensation to Contractor for
the Services performed during that period; and
B, At termination, all finished or unfinished documents, data, studies and reports
prepared by Contractor pursuant to this Contract, if any, shall be delivered by
Contractor to Entity and shall become the property of Entity; and
C. Promptly after termination, Contractor shall prepare a final accounting and final
invoice of charges for all outstanding and unpaid Services and reimbursable
expenses, if authorized, performed or incurred prior to the date of termination.
Such final accounting and final invoice shall be delivered to Entity within forty-five
(45) days from the date of termination. Entity shall pay the final invoice, if it is
reasonably documented, within thirty (30)days of receipt.
9.2 Payments For Early Termination Unrelated To Performance. If Entity terminates this
Contract prior to its expiration date for any reason unrelated to Contractor's performance of its
obligations under this agreement, Entity shall may payment to Contractor as follows:
A. If Entity terminates the Contract for reasons other than performance after one year
from the execution of the contract (but before the two years from execution), Entity
shall make a payment to Contractor of$300,000 within 30 days of contract termination.
3
B. If Entity terminates the Contract for reasons other than performance after two years
from the execution of the contract(but before three years from execution), Entity shall
make a payment to Contractor of$250,000 within 30 days of the contract termination.
C. If Entity terminates the Contract for reasons other than performance after three years
from the execution of the Contract, Entity shall make a payment to Contractor of
$200,000 within 30 days of the contract termination
D. Entity (City and County) shall be responsible jointly, on a 50/50 payment basis„for
payments, if any, required by this Section 9.2.
9.3 Termination for Non-Performance. Should a party to this Contract fail to materially
perform in accordance with the terms and conditions of this Contract, this Contract may be
terminated by the performing party if the performing party first provides written notice to the non-
performing party("Default Notice").The Default Notice shall specify the default under the Contract,
the remedy for curing the default,the date by which the default must be cured(which date shall be
a reasonable time period, not less than ten (10) business days)and a notice that if such default is
not cured, or no action has been taken to cure the default during the cure period, the Contract will
be terminated. In the event of termination under this paragraph, Contractor shall prepare a final
accounting and final invoice of charges for all performed but unpaid Services and authorized
reimbursable expenses. The final accounting and final invoice shall be delivered to Entity within
forty-five(45) days of the termination date, and Entity shall pay the final invoice, if it is reasonably
documented,within thirty(30)days of receipt. Provided that notice of default is given in accordance
with this paragraph, nothing in this paragraph shall prevent, preclude, or limit any claim or action
for default or breach of contract resulting from non-performance by a party.
10. Dispute Resolution. If a dispute arises between the parties relating to this Contract, other than
the non-payment of compensation due for Services performed by Contractor, the following
procedure applies:
10.1 A party shall give written notice of the dispute to the other party.The parties shall hold
a meeting attended by persons with decision-making authority regarding the dispute to attempt in
good faith to negotiate a resolution. The meeting shall be held promptly, but in no event later than
fifteen (15)calendar days after the initial written notice of the dispute. Such meeting shall not be
deemed to reduce or eliminate the obligations and liabilities of the parties or be deemed a waiver
by a party of any remedies to which such party would otherwise be entitled, unless otherwise
agreed to by the parties in writing.
10.2 If, within fifteen (15) calendar days after such meeting, the parties have not
succeeded in negotiating a resolution of the dispute,they agree to submit the dispute to non-binding
mediation and to bear equally the costs of the mediation.
10.3 The parties will jointly appoint a mutually acceptable mediator. If they fail to do so
within twenty (20) calendar days from the conclusion of the meeting referred to in Section 10.1
above, a mediator shall be appointed by the Judicial Arbiter Group or, if the Judicial Arbiter Group
is no longer in operation, by a similar private mediation company in Colorado.
10.4 The parties will schedule the mediation for a date within thirty(30)calendar days after
selection of the mediator(s). The parties agree to participate in good faith in the mediation and
negotiations related thereto for a period of thirty (30) calendar days after the mediation. The
substantive and procedural law of the State of Colorado shall apply to the proceedings. If the
parties are not successful in resolving the dispute through mediation, then the parties shall be free
to litigate the matter subject to the terms of this Contract.
11. General Conditions.
4
11.1 Notices. Unless otherwise specifically required by a provision of this Contract, any
notice required or permitted by this Contract shall be in writing and shall be deemed to have been
sufficiently given for all purposes if sent by certified mail, postage prepaid, addressed to the party
to whom such notice is to be given at the address set forth below or at such other address as has
been previously furnished in writing to the other party. Such notice shall be deemed to have been
given when deposited into the United States mail properly addressed to the intended recipient.
If to the Entity: If to the Contractor:
Pueblo County: Humane Society of the Pikes Peak Region
Attn: Cynthia Mitchell Attn: Duane Adams, 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, 3^d Floor
Pueblo, CO 81003
With a copy to:
Nick Gradisar, Mayor
1 City Hall Place
Pueblo, CO 81003
11.2 No Waiver of Governmental Immunity. Nothing in this Contract shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law to Entity,
its officials, employees, contractors, or agents, or any other person acting on behalf of Entity
(including Contractor) and, in particular, governmental immunity afforded or available pursuant to
the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised
Statutes.
11.3 No Waiver of Rights. A waiver by any party to this Contract of the breach of any
term or provision of this Contract shall not operate or be construed as a waiver of any subsequent
breach by either party. Entity's approval or acceptance of, or payment for, Services shall not be
construed to operate as a waiver of any rights or benefits to be provided under this Contract. No
covenant or term of this Contract shall be deemed to be waived by either party except in writing
signed by both parties. Any written waiver of a right shall not be construed to be a waiver of any
other right or to be a continuing waiver unless specifically stated.
11.4 Assignment/Subcontracts. Contractor shall not assign its interest in this Contract or
subcontract any of the Services to be performed under this Contract without the written consent of
Entity.
11.5 Conflict of Interest. Contractor shall refrain from providing services to other persons,
firms, or entities that would create a conflict of interest for Contractor with regard to providing the
Services pursuant to this Contract. Contractor shall not offer or provide anything of benefit to any
Entity official or employee that would place the official or employee in a position of violating the
public trust as provided by C.R.S.§24-18-109,as amended, or any Entity-adopted code of conduct
or ethical principles.
11.6 Compliance with Laws. At all times during the performance of this Contract,
Contractor shall strictly observe and conform to all applicable federal, state and local laws, rules,
regulations and resolutions that are currently in force or may hereafter be established. Contractor
5
shall be responsible at its own expense for obtaining and maintaining all licenses and permits
necessary to perform the Services under this Contract.
11.7 Compliance with Immigration and Control Act. Contractor certifies that it has
complied with the United States Immigration and Control Act of 1986. All persons employed by
Contractor for performance of this agreement have completed and signed Form 1-9 verifying their
identities and authorization for employment.
11.8. State-Imposed Mandates Prohibiting Illegal Aliens from Performing Work Under this
Contract.
(a) At or prior to the time for execution of this Contract, the Contractor shall submit its
certification that it does not knowingly employ or contract with an illegal alien who will perform work
under this Contract and that the Contractor will participate in either the E-Verify Program created
in Public Law 208, 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.
6
(IV) The Contractor is required to comply with any reasonable request by the
Colorado Department of Labor and Employment (hereinafter referred to as CDLE) made
in the course of an investigation that CDLE is undertaking pursuant to its authority under
Section 8-17.5-102(5), C.R.S.
(d) Violation of this Section by the Contractor shall constitute a breach of contract and
grounds for termination. In the event of such termination, the Contractor shall be liable for Entity's
actual and consequential damages.
(e) Nothing in this Section shall be construed as requiring the Contractor to violate any
terms of participation in the E-Verify Program.
11.9 Non-discrimination.Contractor shall not hire,discharge, transfer, promote or demote,
or in any manner discriminate against any person otherwise qualified and capable because of race,
color, sex, marital status, age, religion, disability or national origin. Contractor agrees to comply
with applicable federal and state statutes and regulations concerning non-discrimination.
11.10 Rights of Third Parties. This Contract does not and shall not be deemed to confer
on any third party the right to the performance or proceeds under this Contract, to claim any
damages or to bring any legal action or other proceeding against the Entity or Contractor for any
breach or other failure to perform this Contract.
11.11 Governing Law, Venue, and Enforcement. This Contract shall be governed by and
interpreted according to the laws of the state of Colorado. Venue for any action arising under this
Contract shall be in the appropriate court for Pueblo County, Colorado. To reduce the cost of
dispute resolution and to expedite the resolution of disputes under this agreement, the parties
hereby waive any and all right either may have to request a jury trial in any civil action
relating primarily to the enforcement of this Contract. The parties agree that the rule that
ambiguities in a contract are to be construed against the drafting party shall not apply to the
interpretation of this Contract.
11.12 Assignment and Release. All or part of the rights, duties, obligations,
responsibilities, or benefits set forth in this Contract shall not be assigned by Contractor without the
written consent of Entity. Any written assignment shall expressly refer to this Contract, and shall
specify the particular rights, duties, obligations, responsibilities, or benefits so assigned. No
assignment shall release Contractor from performance of any duty, obligation, or responsibility
unless such release is clearly expressed in such written document of assignment.
11.13 Incorporation of Exhibits and Recitals; Conflict in Terms. Unless otherwise stated
in this Contract, all exhibits, or documents referenced in this Contract and the recitals set forth
above shall be incorporated into this Contract for all purposes. In the event of a conflict between
any exhibit and this Contract, the provisions of this Contract shall control.
11.14 Severability. Invalidation of any of the provisions of this Contract or the
application thereof in any given circumstances shall not affect the validity of any other provision of
this Contract.
11.15 Binding Effect. This Contract shall be binding upon the successors, heirs, legal
representatives, and authorized assigns of Entity and Contractor.
11.16 Article X Section 20/TABOR. The parties understand and acknowledge that Entity
is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to
violate the terms and requirements of TABOR by the execution of this Contract. It is understood
and agreed that this Contract does not create a multi-fiscal year direct or indirect debt or obligation
within the meaning of TABOR and, therefore, notwithstanding anything in this Contract to the
contrary, all payment obligations of Entity are expressly dependent and conditioned upon the
7
continuing availability of funds beyond the term of Entity's current fiscal period ending upon the
next succeeding December 31. Financial obligations of Entity payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations, and resolutions of Entity, and other applicable
law. Upon the failure to appropriate such funds, this Contract shall be terminated.
11.17 Contractor's Records Not Subject to Colorado Open Record's Act. Unless
specifically identified as public records in the Scope of Services attached hereto as Exhibit A, all
records of Contractor related to, prepared by, or maintained in connection with the provisions of
services under this Contract are the property of Contractor, shall be deemed confidential and
proprietary, and shall not be deemed public records as defined in the Colorado Open Records Act
("CORA").
Contractor will respond to public requests for records in accordance with Contractor's written policy
concerning such disclosure. Any work product, materials, and documents produced or maintained
by Contractor pursuant to this Contract shall remain the property of Contractor and retained in
accordance with Contractor's written records retention policy.
11.18 Additional Terms and Conditions. Additional provisions set forth in Exhibits A, B, and C
attached hereto are made a part of this Contract.
11.19 Entire Agreement. This Contract represents the entire and integrated agreement between
Entity and Contractor and supersedes all prior negotiations, representations, or agreements,
either written or oral. Any amendments to this Contract must be in writing and be signed by both
Entity and Contractor. The individuals executing this Contract represent they are expressly
authorized to enter into this Contract on behalf of the Entity and Contractor and to bind their
respective entities.
IN WITNESS WHEREOF, THE UNDERSIGNED HAVE EXECUTED THIS CONTRACT
ON BEHALF OF ENTITY AND CONTRACTOR:
ATTEST: CITY OF PUEBLO
A COLORADO MUNICIP CORPORATION
•By
City :e'er Nicholas A rad , Mayor
[SEAL} Date: 4.7."-i'.r•#114/1.3
Board of County Commissioners of
Pueblo nty, Colorado
•
By: - Attest: 4144-d-gel
Chairperson of the Board Clerk to the Board of County
Commissioners
8
Approved as to form: j
Ocur I,et C. X44494144.
Pueblo City Attorney
Approved as to form:
C
Pueblo Uounty Attorney
CONTRACTOR:
Humane Society of the Pikes Peak Region
a Colorado nonprofit corporation
By: Gr I1 7/,.4;3".0.-1_,_1(!)
Duane Adams, CEO/President
Date: / Jewr)a j
9
EXHIBIT A
SCOPE OF SERVICES
Sheltering Scone of Services
1. The Humane Society of the Pikes Peak Region shall be the designated
shelter operator for the City of Pueblo and Pueblo County. HSPPR shall
accept animals from the Animal Law Enforcement related activities 24 hours
per day 7 days per week. The shelter shall accept stray and owned
domestic animals form the general public during business hours determined
by HSPPR.
2. Animals shall be provided humane treatment and veterinary care during
their stay at HSPPR.
3. Animals impounded by Animal Law Enforcement or accepted from a citizen
as a stray animal (except for feral cats and community cats) shall be held
as required by City Ordinance, County Code or State Statute (for example
bite cases, dangerous animal, or animal cruelty).
4. HSPPR will provide service to reunite lost pets with their family in
accordance with the City and County codes.
5. Animals that become the property of HSPPR will be assigned a disposition
in accordance to the policies and procedures of HSPPR. The policies and
procedures of HSPPR will be provided to Entity upon request.
6. HSPPR will operate in compliance with the local, state and federal laws
pertaining to operating an animal shelter.
7, HSPPR will provide janitorial and interior cleaning services for the shelter.
Pueblo County will provide maintenance and routine repairs of the building
and grounds costing less than $1000 in labor and materials, including
without limitation HVAC and other building systems, landscaping, roof,
parking lot and snow removal.
8. Entity (City and County) will be responsible jointly, on a 50/50 payment
basis, for non-routine repairs (those costing $1000 or more in labor and
materials) including renovations of the building such as replacement of
walls and other structural features of the facility and of HVAC and other
building systems. Requests for such non-routine repairs of the Animal
Shelter facilities must be approved by both City and County prior to the time
work on such projects starts.
9. HSPPR will provide statistical reporting to Entity on a quarterly basis.
HSPPR will conduct quarterly meetings with City and County Elected
Officials and/or staff and will be available to meet with the City Mayor and
10
City Council, and the Board of County Commissioners at least two times
per year.
10.Any fees, licensing revenue or restitution collected by HSPPR related to
services performed under the terms of this Contract remain the revenue of
HSPPR.
11.Hours for the shelter will be as follows:
Receiving:
8:30-5:00 Mon-Fri
8:30-5:00 Sat-Sun
Adoptions and Reclaims:
12:00-5:00 Mon-Fri
12:00-5:00 Sat-Sun
12. HSPPR shall provide reasonable adoption services at the Pueblo Animal
Shelter and adoption fees will be set and retained by HSPPR. Animals will
be spayed or neutered before they are adopted. If adopted animals are not
eligible for sterilization, the adopter will pay a spay and neuter deposit as
mandated by state law.
Animal Law Enforcement Scope of Services
1. The Animal Law Enforcement Department service provider shall, during
established regular business hours, enforce City Code, County Resolutions
and State Statutes related to domestic animals within the entire area of the City
of Pueblo and Pueblo County excluding Military Installations, Universities and
Colleges, and State and County Parks. Animal Law Enforcement Officers
employed by Animal Law Enforcement will be given Special Police Powers as
defined in the City Code and County Resolution through appointment as
prescribed by each entity.
ALE Officer Hours
April through October: 8:00 am to 9:00 pm
November through March: 8:00 am to 6:00 pm
Sundays throughout the year: 8:00 am to 5:00 pm
City/County Recognized Holidays Emergency On-Call Services Only
2. Animal Law Enforcement Officers shall respond to Emergency (Priority 1) calls
for service outside of regular business hours. Emergency (Priority 1) calls
outside of regular business hours shall be received and dispatched to Animal
Law Enforcement by the Pueblo Police Department Communication Center in
accordance with established policies and procedures.
11
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 topublic safety. __ T
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
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 Leopardy.
Other Incidents On occasions there may be other situations where a
response from an Animal Law Enforcement Officer is
required after hours. These cases will be rare and normally
will be generated as a result of a request from law
enforcement or other governmental agency.
3. Animal Law Enforcement shall provide assistance to Law Enforcement as may
be reasonably requested by the Pueblo Police Department or Pueblo County
Sheriff Office 24 hours per day 7 days per week, at no additional cost to the
City or County, when domestic animals are present and responding Law
Enforcement Agency is requesting removal of those animals. The Pueblo
Police Department and Pueblo County Sheriff Office shall reciprocate requests
by Animal Law Enforcement where Law Enforcement assistance is required to
execute the duties contained herein. Animal Law Enforcement Officers will
12
testify in court regarding summons issued at no additional cost to the City or
County.
4. Animal Law Enforcement and HSPPR shall fulfill all of their obligations under
state law and local code and ordinances regarding cases potentially involving
rabies and in executing appropriate quarantines in cases of possible domestic
animal exposure to rabies.
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
approved regular business hours. The Communications Center will answer
telephone calls from the general public, City and County Staff, or other
agencies related to Animal Law Enforcement Services and dispatch Officers to
matters related to enforcement of City Code, County Resolution, and State
Statutes involving domesticated animals. After hour calls will be screened and
dispatched through Pueblo City/County dispatch center.
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.
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 not less than quarterly to review performance, reports, and discuss
opportunities for improvement.
9. 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.
10.Contractor shall provide humane euthanasia services for animals as required
in the performance of duties in a manner that conforms to statutes and
regulations of the State of Colorado and provide disposition of domestic animal
carcasses as required by law.
13
11. ALE will not respond to nuisance or dangerous wildlife calls, deceased wild
animals or pick up owned, nuisance, or at large domestic felines. However,
ALE agrees to remove and dispose of deceased domestic dogs and cats
reported on Entity's streets, roads and public rights-of-way. The fees paid by
Entity under this Contract reflect the anticipated costs in time and resources
incurred by ALE when responding to deceased domestic animal situations.
Contractor agrees to report the frequency of such deceased animal calls and
Entity agrees to meet with Contractor during the term of this Agreement to
assess whether the Contractor's burden under this term should be reduced or,
in the alternative, whether the Contractor should receive more compensation
for this responsibility.
14
EXHIBIT B
COMPENSATION SCHEDULE
Subject to appropriation of funds by the Pueblo County Board of County
Commissioners and the Pueblo City Council for their respective fee obligations,
Entity agrees to pay Contractor for the complete and satisfactory performance of
Services under this Agreement in the following amount and per the payment
schedule listed below. As noted in paragraph 3 (Compensation) of this Contract,
Entity may mutually agree to adjust their respective share of the fees paid to
Contractor as long as the total fees paid to Contractor by Entity remains
unchanged.
Fee Schedule:
Year City County Total % Increase
2023 $ 1,742,602 $ 1,161,735 $ 2,904,337
2024 1,794,880 1,196,587 2,991,467 3 %
2025 1,848,726 1,232,485 3,081,211 3 %
Total $ 5,386,208 $ 3,590,807 $ 8,977,015
Monthly Payments:
Year City County Total
2023 $ 145,216.83 $ 96,811.25 $ 242,028.08
2024 149,573.33 99,715.58 249,288.91
2025 154,060.50 102,707.08 256,767.58
15
EXHIBIT C
ADDITIONAL TERMS AND CONDITIONS
Agreement between HSPPR and City of Pueblo and Pueblo County
(together, the "Entity")
1. At all times during this Contract a HSPPR Pueblo Animal Shelter
Community Liaison and Compliance Committee shall exist and meet no less
frequently than ten (10) times per year. The Animal Shelter Community
Liaison and Compliance Committee shall receive briefings regarding the
operations of the Animal Shelter and Animal Law Enforcement (ALE)
operations, including updates on any State inspections or reports, statistics
on animal law enforcement and sheltering, and any know ongoing or
potential future community issues that involve or affect the Animal Shelter
or ALE. The Community Liaison and Compliance Committee shall provide
advice and counsel regarding the Animal Shelter and ALE.
2. HSPPR shall appoint up to 4 members of the Community Liaison and
Compliance Committee. City and County may each provide one (1)
representative for the Community Liaison and Compliance Committee. The
City representative shall be appointed by the Mayor's Office and the County
Representative shall be appointed by the Board of County Commissioners.
The City and County representatives shall act as a liaison between their
respective governments and Animal Shelter/ALE management. In addition,
one representative each may be provided by:
a. Pueblo County Sheriff's Office
b. Pueblo City Police Department
c. Pueblo Department of Health and Environment
d. Colorado State University Extension
3. City or County may audit HSPPR financials within a mutually agreed upon
time frame and at their own expense. HSPPR will provide Entity with
supplemental statements in audited financial statements.
4. HSPPR will notify Entity of any PACFA inspections within 48 hours of such
inspections occurring. HSPPR will provide Entity with copies of any PACFA
reports HSPPR receives related to the services provided under this
Contract within three (3) business days of receipt by HSPPR of such
reports.
5. HSPPR may hire staff and provide benefit packages at its discretion using
its own funding.
16
6. City and County Public Information Officers will work with HSPPR to
create a common media strategy regarding the Animal Shelter and to
respond rapidly to any misinformation, accusations, or public concerns
regarding the Animal Shelter.
7. HSPPR will pay all utilities at the Animal Shelter facility during the term of
this Contract.
8. Pueblo County will provide, at its own cost, snow removal at the PAS facility
when there is 2 inches of snow or more on sidewalks and parking area.
9. Pueblo County will provide at its own cost at the 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.
10.Pueblo County will provide routine HVAC services at its own cost for the
animal shelter facility, including tests, inspections, filter changes, and
preventative service.
11.Pueblo County will provide at its own cost all other required routine building
and parking lot maintenance and routine repairs needed for the animal
shelter facility.
12.HSPPR may use funding from grants, donations from Pueblo City and/or
County residents, and other non-governmental funding sources to
supplement the work for the Puelbo community that HSPPR is required to
perform under this Contract.
13.HSPPR owns certain equipment and personal property currently located at
the Pueblo animal shelter that was funded by donations and grants and not
by Entity ("HSPPR Property"). HSPPR Property is identified on the attached
Schedule 1, as may be amended from time to time. In the event of
termination of the Contract, HSPPR shall be allowed to retain and remove
all HSPPR Property from the Animal Shelter facility.
14. HSPPR shall document the source of funds used for all equipment and
other purchases made for the performance of services under this Contract.
HSPPR shall retain, and provide receipts or other documentation to Entity
showing the source of funds for each purchase and identify the ownership
of the purchased property (Entity or HSPPR). HSPPR shall provide written
reports of its purchases to Entity on no less than an annual basis.
17