HomeMy WebLinkAbout20110524.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,COLORADO,
AND THE HUMANE SOCIETY OF WELD COUNTY AS A RECIPIENT OF WELD COUNTY
GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a Memorandum of Agreement between Weld County, Colorado, and the
Humane Society of Weld County as a recipient of Weld County General Fund monies has been
presented to the Board of County Commissioners of Weld County, Colorado, a copy of which is
attached hereto and incorporated herein by reference, and
WHEREAS,the Humane Society of Weld County will be paid $67,000.00 from Weld County
General Fund monies, which monies are for the purpose of providing services to Weld County
citizens, with further terms and conditions being as stated in said agreement, and
WHEREAS,the contract period shall be from January 1, 2011,through December 31, 2011,
and
WHEREAS,the Board of County Commissioners deems it advisable and in the best interest
of Weld County to approve said agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Memorandum of Agreement between Weld County, Colorado, and the
Humane Society of Weld County as a recipient of Weld County General Fund monies be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair of the Board of County
Commissioners of Weld County, Colorado, be, and hereby is, authorized to sign said agreement.
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3/1'1/11 2011-0524
FI0053
RESOLUTION - THE HUMANE SOCIETY OF WELD COUNTY
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of February, A.D., 2011, nunc pro tunc January 1, 2011.
BOARD OF COUNTY COMMISSIONERS
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/1 Douglas Rade acher
Date of signature: Qz/0VII
2011-0524
FI0053
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the _ day of February, 2011, by
and between Weld County, hereinafter referred to as "Weld" and the Humane Society of Weld
County, hereinafter referred to as "Contractor," the parties agree as follows:
WHEREAS, the Board of County Commissioners of Weld County, Colorado, will pay
$67,000 per year , of Weld County General Fund monies to provide animal care services, and
WHEREAS, the County implements programs and services to residents throughout
Weld County, and
WHEREAS, the Contractor provides services in Weld County to the citizens of Weld
County, and
WHEREAS, the parties hereto are desirous of formalizing an MOA for the express
purpose of improving animal care services to Weld County citizens, and
WHEREAS, to implement these goals, the parties desire to establish an MOA for the
use of Weld County General Fund monies for the purpose of providing an animal care program.
NOW, THEREFORE, in consideration of the premises stated herein, the parties hereto
agree as follows:
1. The purpose of the MOA is to establish an MOA for the use of Weld County
general fund monies within the Weld County Animal Control Program.
2. The period of this MOA shall be from January 1, 2011, through December 31,
2011.
3. For provision of services from January 1, 2011, through December 31, 2011,
Weld agrees to pay Contractor the amount of $67,000, paid on the first day of
each quarter, with the payment for the first quarter being due upon signature
hereunder. Said first quarter payment shall compensate Contractor in full. Any
and all costs incurred due to extended animal impoundment (such as animals
held on bite quarantine and animals held as evidence in court cases), while the
responsibility of the animal's owner, will be billed to Weld separately at a rate of
$25.00 per day, plus any cost for required veterinary services and other services.
Weld will collect the fees through the Court's restitution process. In addition, the
Contractor will retain any and all redemption and owner surrender fees collected.
3. Services consisting of those for a kennel operation for the companion animals
brought by Weld County Sheriff's Office employees and unincorporated Weld
County residents to include: animal intake (intake facilities to be available to
Weld Animal Control 24 hours per day, 365 days per year), animal care including
feeding and watering for a maximum of 5 days, attempts to redeem animals to
owners including the issuance of County summonses on behalf of Weld County
when appropriate, euthanasia of animals not redeemed, transferred or adopted,
and appropriate disposal of animal carcasses. Unless an animal has been
impounded and placed on an agency hold, all animals shall become property of
the Contractor after a maximum of five (5) days.
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4. Contractor assures that as a recipient of the General Fund monies, it is fully
aware of the restrictions and requirements of the regulations and applicable State
and local laws.
5. Contractor assures that as a recipient of the General Fund monies, it is fully
aware of the restrictions and requirements of the regulations and applicable State
and local law provisions.
6. Contractor assures that as a recipient of General Fund monies, it will spend the
funds in accordance with the same laws and procedures that govern the
expenditure of its own funds.
7. Contractor assures that it will maintain sufficient records and an accounting
system and internal control procedures adequate to permit the tracing of the
funds to a level of expenditure which clearly demonstrates that the funds were
used in compliance with the regulations of State and local law.
8. Contractor agrees that it is an independent contractor and that its officers and
employees do not become employees of Weld, nor are they entitled to any
employee' benefits as employees of Weld as a result of the execution of this
MOA.
9. Contractor shall indemnify Weld, its officers, and employees against liability for
injury or damage caused by any negligent act or omission of any of Contractor's
employees or volunteers or agents in the performance of this MOA and shall hold
Weld harmless from any loss occasioned as a result of the performance of this
MOA by Contractor. Contractor shall provide necessary Worker's Compensation
insurance at Contractor's own cost and expense. No portion of this MOA shall
be deemed to constitute a waiver of any immunities the panes or their officers or
employees may possess.
10. Contractor may not assign or transfer this MOA, any interest therein, or claim
there under, without the prior written notice approval of Weld.
11. Payment to Contractor will be made only upon presentation of proper claim by
Contractor subject to the approval of Weld that services have been performed.
Presentation of proper claim by the Contractor shall include case or incident
numbers, dates of service, description of the animals, and any other information
required by the Weld County Sheriff's Office.
12. Weld shall have access to Contractor's financial records for the purpose of audit.
Such records shall be complete and available for audit 90 days after the final
payment hereunder and shall be retained and available for audit purposes for two
years after final payment hereunder. Copy of the external audit shall be mailed
to Weld County Government controller each year.
13. Either party may terminate this MOA at any time upon thirty (30) days notice to
the other of such sooner termination. Either party may terminate without notice
upon the occurrence of a material breach by the other party.
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14. No alteration or variation of the terms of this MOA shall be valid unless made in
writing and signed by the parties hereto.
15. Contractor assures that it will comply with all Federal and State laws including,
but not limited to, Title VI of the Civil Rights Act of 1964, and that no person shall,
on the grounds of race, color, creed, sex, or national origin, be excluded from
participation in, or denied the benefits of, or otherwise be subjected to
discrimination under this MOA.
16. Contractor certifies that it shall comply with the provisions of Section 8-17.5-101,
et seq., C.R.S. Contractor shall not knowingly employ or contract with an illegal
alien to perform work under this MOA, or 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
MOA. Contractor represents, warrants, and agrees that it (a) has verified that it
does not employ any illegal aliens, through participation in the Basic Pilot
Employment Verification Program administered by the Social Security
Administration and Department of Homeland Security, and (b) otherwise will
comply with the requirements of Section 8-17.5-102(2)(b), C.R.S. Contractor
shall comply with all reasonable requests made in the course of an investigation
under Section 8-17.5-102, C.R.S., by the Colorado Department of Labor and
Employment. If Contractor fails to comply with any requirement of this provision
or Section 8-17.5-101, et seq., C.R.S., Weld may terminate this MOA for breach
and Contractor shall be liable for actual and consequential damages to
Contractor. Except where exempted by federal law, and except as provided in
Section 24-76.5-103(3), C.R.S., if Contractor receives federal or state funds
under this MOA, Contractor must confirm that any individual natural person
eighteen (18) years of age or older is lawfully present in the United States
pursuant to Section 24-76.5-103(4), C.R.S., if such individual applies for public
benefits provided under this MOA. If Contractor operates as a sole proprietor, it
hereby swears or affirms under penalty of perjury that it (a) is a citizen of the
United States, or is otherwise lawfully present in the United States pursuant to
federal law, (b) shall produce one of the forms of identification required by
Section 24-76.5-101, et seq., C.R.S., and (c) shall produce one of the forms of
identification required by Section 24-76.5-103, C.R.S., prior to the effective date
of this MOA.
17. This MOA contains the entire MOA between the Parties with respect to the
subject matter contained in this MOA. This instrument supersedes all prior
negotiation, representation, and understanding or MOAs with respect to the
subject matter contained in this MOA. This MOA may be changed or
supplemented only by a written instrument signed by the Parties.
18. It is expressly understood and agreed that the enforcement of the terms and
conditions of this MOA, and all rights of action relating to such enforcement, shall
be strictly reserved to the Parties and nothing in this MOA shall give or allow any
claim or right of action whatsoever by any other person not included in this MOA.
It is the express intention of the Parties that any entity other than the Parties
receiving services or benefits under this MOA shall be an incidental beneficiary
only.
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19. If any term or condition of this MOA shall be held to be invalid, illegal, or
unenforceable, this MOA shall be construed and enforced without such provision,
to the extent that this MOA is then capable of execution within the original intent
of the Parties.
•,-ci IN WITNESS WHEREFOR, the parties above named have executed this MOA on the
, 3—day of February, A.D., 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld Coun y Clerk to the Board WELD COUNTY, COLORADO .
By:
Deput` er to th= Bo: 3s Barbara Kir ever, Ch it FEB 2 3 2011
el -124
HUMANE SOCIETY OF WELD COUNTY
BY:>
Executive Director
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