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