HomeMy WebLinkAbout20113347.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE
CHAIR TO SIGN - HUMANE SOCIETY OF WELD COUNTY
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, the Board has been presented with an Agreement for Professional Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Humane Society of Weld County, commencing
January 1, 2012, and ending December 31, 2012, with further terms and conditions being as
stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for Professional Services between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and the Humane Society of Weld County be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of December, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
/
ATTEST: / Qe
gaarrbara Kirkmrkmeyer, air
Weld County Clerk to the Board _
n Sean P. Conway, Pro-Tem
BY: �(
Deputy CI k to the Board ♦
ird.lide%William F. rcia
AP ED A,S T0p 361 ( �� �. $ Eong
co[,' - yA orney \amp � !a `J
N♦ iougl.- Radema,her
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Date of signature: /' )5 V a.
no) QGfb • Q flL6- 2011-3347
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BC0042
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 1150 O Street, Greeley,Colorado, 80631 ("County"),and Weld County
Human Society whose address is 1620 42nd Street,Evans,CO 80620,("Contractor").
WHEREAS, County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE,in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor
hereby accepts engagement by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from January 1,2012,through and until
December 31, 2012.
3. Services to be Performed. Contractor agrees to perform the Services listed or
referred to in Exhibit A, attached hereto and incorporated herein.
4. Compensation.
a. County agrees to pay Contractor for services performed as set forth on
Exhibit A at the rate of$109.84 per animal taken to the shelter. 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 County at a rate ofd$21.97 per day. The county shall not
be invoiced for animal redeemed by the owner. a2 Cc:o
b. Payment to Contractor will be made only upon presentation of a proper
claim by Contractor, itemizing services performed and mileage expense incurred.
5. Additional Work. In the event the County shall require changes in the scope,
character, or complexity of the work to be performed,and said changes cause an increase or
decrease in the time required or the costs to the Contractor for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work
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covered in the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall be deemed covered in the compensation and time provisions
of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are,or shall be
deemed to be,agents or employees of the County for any purpose. Contractor shall have no
authorization,express or implied,to bind the County to any agreement, liability,or
understanding. The parties agree that Contractor will not become an employee of County,nor is
Contractor entitled to any employee benefits from County as a result of the execution of this
Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will
be performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement.
8. Reports County Property. All reports,test results and all other tangible materials
produced in connection with the performance of this Agreement, whether or not such materials
are in completed form, shall at all times be considered the property of the County. Contractor
shall not make use of such material for purposes other than in connection with this Agreement •
without prior written approval of County.
9. Acceptance of Product not a Waiver. Upon completion of the work, Contractor
shall submit to County originals of all test results,reports,etc., generated during completion of
this work. Acceptance by County of reports and incidental material furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the work. Acceptance by the County of,or payment for,any services performed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement
or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify County,its
officers and agents,from and against loss or liability arising from Contractor's acts,errors or
omissions in seeking to perform its obligations under this Agreement. Contractor shall provide
necessary workers' compensation insurance at Contractor's own cost and expense.
11. Termination. Either party may terminate this Agreement at any time by providing
the other party with a 10 day written notice thereof. Furthermore,this Agreement may be
terminated at any time without notice upon a material breach of the terms of the Agreement. In
the event of an early termination,Contractor shall be paid for work performed up to the time of
notice and County shall be entitled the use of all material generated pursuant to this Agreement.
12. Non-Assignment. Contractor may not assign or transfer this Agreement,any
interest therein or claim thereunder,without the prior written approval of County.
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13. Access to Records. County shall have access to Contractor's financial records as
they relate to this Agreement for purposes of audit. Such records shall be complete and available
for audit 90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
14. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
15. Interruptions.Neither party to this Agreement shall be liable to the other for delays
in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control,including but not limited to
Acts of God,fires,strikes,war,flood, earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered by certified mail, return receipt requested,postage prepaid to the
other party at that party's address as stated above.
17. Compliance. This Agreement and the provision of services hereunder shall be
subject to the laws of Colorado and be in accordance with the policies,procedures, and practices
of County.
18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may
engage or use other contractors or persons to perform services of the same or similar nature.
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents,warrants,and agrees that it has verified that Contractor does not
employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant,employs
illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and
Contractor may be held liable for damages.
20. Entire Agreement/Modifications. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiation,representation,and understanding or agreements with
respect to the subject matter contained in this Agreement. This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
21. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated or budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family
shall serve on a County Board,committee or hold any such position which either by rule,
practice or action nominates,recommends,supervises Contractor's operations,or authorizes
funding to Contractor.
•
23. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such provision,
to the extent that this Agreement is then capable of execution within the original intent of the
parties.
24. Governmental Immunity. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may possess.
25. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement,shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date and
year written below.
B Ad a
Byy::
Title: e60-FUG JAI Wx —
Al 'EST: 1 .„ BOARD OF COUNTY
CLERK TO B � _
BOARD COMMISSIONERSOF WELD COUNTY
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By: •! By�/ t
B Deputy Clerk t the j$Q c L % flarbara Kirkmeye , Ch an
_. 412 DEC 282011
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Exhibit A
Services to be performed by the contractor:
Pet Animal Care Facilities Act(P.A.C.F.A.) approved facility
Intake service 24 hrs a day, 365 days per year in a secure,fenced and enclosed facility
Five to seven day impound care including feeding and watering
Animal Bite quarantine service
Owner surrender service
Lost and found service
Euthanasia of animals not redeemed,transferred or adopted and appropriate disposal of animal
carcasses.
Issuance of Weld County summonses and complaints on behalf of Weld County when
appropriate
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 days
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Page 1 of 1
Elaine Hicks
From: Elaine Hicks[ehicks@weldcountyhumane.org]
Sent: Saturday, October 22, 2011 3:37 PM
To: 'Barb Connolly'; 'Alan Caldwell'
Cc: 'bmyself4@yahoo.com'
Subject: 2012
Hi Barb,
The HSWC Board of Directors voted to accept the per animal fee of$109.84 for strays picked up from
Weld County and held for 5 days. This does not include bye quarantines or dangerous dog holds.. The
HSWC will bill the County monthly and will not include animals that have been redeemed by their
owners. I think this covers the major discussion points. Please let me know if you have any questions or
concerns.
Thanks
Elaine Hicks
Executive Director
12/20/2011
Hello