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HomeMy WebLinkAbout07959ORDINANCE NO. 7959 AN ORDINANCE APPROVING AN AMENDMENT TO CONTRACT FOR SERVICES BETWEEN THE CITY OF PUEBLO, THE BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY AND THE HUMANE SOCIETY OF THE PIKES PEAK REGION RELATING TO ENFORCEMENT OF ANIMAL CONTROL ORDINANCES AND OPERATION OF ANIMAL SHELTER AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment to Contract for Services dated as of January 1, 2009 between the City of Pueblo, the Board of County Commissioners of Pueblo County, and the Humane Society of the Pikes Peak Region ( "Amendment') relating to the enforcement of animal control ordinances and operation of the animal shelter, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Amendment in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SFrTin i This Ordinance shall become effective upon final passage and approval. INTRODUCED: January 12, 2009 BY: Randy Thurston Councilperson APPROVED:' PRESI@ENTuf City Council PASSED AND APPROVED: January 26, 2009 ED Background Paper for Proposed ORDINANCE AGENDA ITEM # 14 DATE: January 12. 2009 DEPARTMENT: Law Department TITLE AN ORDINANCE APPROVING AN AMENDMENT TO CONTRACT FOR SERVICES BETWEEN THE CITY OF PUEBLO, THE BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY AND THE HUMANE SOCIETY OF THE PIKES PEAK REGION RELATING TO ENFORCEMENT OF ANIMAL CONTROL ORDINANCES AND OPERATION OF ANIMAL SHELTER AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council execute the amendment to the contract with The Humane Society of the Pikes Peak Region to operate the animal shelter and enforce City's animal control ordinances? City staff recommends approval BACKGROUND The Amendment extends the Contract between the City, Pueblo County and the Humane Society of the Pikes Peak Region ( "Society ") relating to the operation of the animal shelter and enforcement of animal control ordinances ( "Contract') for one year to December 31, 2009 upon the same fees and charges as those of 2008 except Society will retain up to $60,000 of City license fees collected by Shelter as additional operating expenses. The monthly amount payable to Society by City and County is $78,654. City's pro -rata share is $43,334 (55 %) and County's pro -rata share is $35,320 (45 %). City's share for 2009 is $520,000, $220,000 City's budgeted amount plus County payment of $300,000 pursuant to the City and County intergovernmental agreement relating to Ballot Issue 1A. Subject to annual budget and appropriation by City and County, the Contract will automatically renew for successive one (1) year terms to December 31, 2012. Each year City, County and Society will review and approve the monthly payment to Society for the ensuing fiscal year. Society is responsible for maintenance, repairs and operating expenses associated with the animal shelter, provided that City and County will be responsible for repairs to the animal shelter involving costs in excess of $1,000 in any one instance not caused by negligent acts or omissions of Society, its officers, employees, agents or contractors. FINANCIAL IMPACT See Background. Amendment to Contract for Services This Amendment to Contract for Services ( "Amendment ") is dated effective as of January 1, 2009 and is between The Humane Society of the Pikes Peak Region ( "Society "), the City of Pueblo ( "City "), and the Board of County Commissioners of Pueblo County ( "County "). 1. Background and purpose of Amendment Society, City and County are parties to a Contract for Services dated July 8, 2002 (the "Contract ") pursuant to which Society has operated an animal shelter serving the needs of the City and County and has enforced the animal control ordinances and resolutions of the City and County. The Contract was modified by Contract Modifications dated as of January 1, 2004 and January 1, 2005, and was further modified and extended by a Contract Extension dated as of January 1, 2006. The Contract is currently set to expire December 31 2008 and the parties wish to extend the Contract. With the further passage of time, however, certain provisions of the Contract have become obsolete or are in need of modification and /or clarification. The purpose of this Amendment is therefore to extend the Contract, bring the Contract up -do -date, and otherwise express the understandings of the parties with regard to these matters. 2. Deletion of sections of Contract no Ionizer necessary The parties agree that the following sections of the Contract are no longer necessary for the reasons herein stated and they are therefore deleted from the Contract: Section 1, B. (Ex officio board members). Since the inception of the Contract, the City and County have not appointed ex officio non - voting members to Society's board of directors. Other provisions of the Contract provide adequate means of communication between Society and the City and County concerning Society's services under the Contract. Section I, N. (Campaign for new animal shelter). The campaign for the new animal shelter has been undertaken and successfully completed. 3. Modification and /or clarification of sections of Contract The parties wish to modify and /or clarify the following sections of the Contract, as follows: Recitals, B. (Meaning of term "Shelter" as used in Contract). Commencing in May of 2007, a new animal shelter facility and adjacent improvements located at 4600 Eagleridge Place, Pueblo,. Colorado (collectively "new facility "), was opened and Society's operations under the Contract were moved to the new facility. Therefore, from and after the date the new facility opened, reference in the Contract to "Shelter" is to the new facility. Section II, A. (1) (Funding) is amended in its entirety to read as follows: $78,654 per month in advance for services performed under this Contract commencing January 1, 2009 and on the first day of each month during the effective term of this Contract until modified as provided in B below ( "Contract Amount "). City's pro -rata share of the monthly payments shall be $43,334 (55 %) and County's pro -rata share of such monthly payment shall be $35,320 (45 %). Section III, A. ('Term of Contract) is amended to read in its entirety as follows: The term of the Contract is extended to December 31, 2009 and shall be automatically extended for successive one (1) year terms after December 31, 2009, each for one (1) calendar year's duration to December 31, 2012, unless terminated as herein provided and subject to the provisions of B and C below. Section IV, F. (Licensing) is added to read in its entirety as follows: Commencing July 1, 2008, Society became, and continues to be, the animal licensing officer for the City and is, in that capacity, responsible for the issuance of dog and cat licenses in accordance with the animal control and licensing provisions of the Pueblo Municipal Code, and overall administration of the City's animal licensing program. As compensation for licensing services, Society shall retain 25% of all license fees collected. The balance of such fees, not to exceed $60,000 annually, shall be retained by Society as additional compensation for other animal control and Shelter operation services being rendered by Society to the City under the Contract. Commencing January 15, 2009 and continuing quarterly thereafter, Society will provide the City with an accounting showing all license fees paid during the reporting period by type of animal (dog or cat), status of animal (neutered or non - neutered), and period of licensure (one or three years). Society will provide other information concerning the animal licensing program reasonably € requested by City. At such time as the County may elect to implement an animal licensing program, Society shall serve as the animal licensing officer for the County on the same terms and conditions described above for the City. Section IV, Q. (Maintenance and repair) is amended to read in its entirety as follows: Society will be responsible for maintenance, repairs, and building operating expenses associated with the Shelter, provided, however, that City and County shall be responsible for repairs to the Shelter involving costs in excess of $1,000.00 in any one instance not caused by or resulting from the negligent acts or omissions of Shelter, its officers, employees, agents or contractors. Section VI, B. (Society use of City vehicles) is clarified as follows: With the exception of a 2001 Ford F250, equipped with a Mavron transport unit and accessory items associated therewith (collectively the "2001 Ford F250 "), the Motor Vehicles owned by the City and initially made available to Society for its use in performing the Contract are no longer in service and have been returned to the City. With the exception of the above described Ford F250 and a 1975 Stidham two -horse trailer, the vehicles now being used by Society in the performance of the Contract, and all animal transportation units and other accessory items associated therewith, which have been purchased or leased by Society, are the property of Society. 2 4. Miscellaneous . Except as specifically modified by this Amendment, the Contract remains in effect as originally written, and as previously amended and extended. In the event of any conflict between the terms of this Amendment and the Contract, this Amendment will control. This Amendment will be governed by, and construed in accordance with, the laws of the State of Colorado. This Amendment may be signed in counterparts. Society: Humane Society of the Pikes Peak Region By Wesley 4l Metzler, DMV Executive Director City: City of Pueblo By Vera Ortegon President of the City Council County: Board of County Commissioners of Pueblo County Chairman of the Board RESOLUTION NO. 09- 24 THE BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO APPROVING AN AMENDMENT TO 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 ANIMAL SHELTER AND ENFORCEMENT OF LOCAL ANIMAL CONTROL ORDINANCES WHEREAS, Sections 18(2)(a) and (b) of Article XIV of the Colorado Constitution, and §29 -1 -203, C.R.S., 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, by Resolution No. 02 -202, dated July 9, 2002, this Board approved and entered into a Contract for Services between the Humane Society of the Pikes Peak Region, the City of Pueblo, and Pueblo Count,y for the operation of the animal shelter and enforcement of local animal control ordinances; and WHEREAS, the Humane Society of the Pikes Peak Region, the City of Pueblo, and Pueblo County desire to enter into an Amendment to the Contract for Services for the purpose of extending the Contract for Services for the calendar year 2009, with successive renewals to calendar year 2012, and amending the Contract for Services to delete obsolete provisions; and WHEREAS, the City Council of the City of Pueblo approved said Amendment to Contract for Services at their January 26, 2009 City Council meeting. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pueblo County, Colorado, that the Amendment to the Contract for Services between the Humane Society of the Pikes Peak Region, a Colorado nonprofit corporation, the City of Pueblo, and Pueblo County, for the operation of the animal shelter and enforcement of local animal control ordinances and resolutions, which is attached hereto and incorporated herein by this reference, is hereby approved, nunc pro tunc, January 1, 2009, and that the Chairman of the Board of County Commissioners of Pueblo County, Colorado, is hereby authorized to sign said Amendment on behalf of Pueblo County. r' RESOLUTION NO. 09- 24 (CONTINUED) PASSED AND ADOPTED this 27 day of January 2009, in Pueblo County, Colorado. THE BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO By: C J. E. Chostner, Chairman ATTEST: c By: GI ert Ortiz, County Cl U:\B\RES\BPDK PIKES PEAK HUMANE SOCIETY 09AM.DOC