HomeMy WebLinkAbout20093304.tiffRESOLUTION
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 has been awarded the sum of $145,964.00
from Weld County General Fund monies, which monies are for the purpose of providing services to
Weld County citizens, and
WHEREAS, the contract period shall be from January 1, 2010, through December 31, 2010,
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.
2009-3304
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RESOLUTION - THE HUMANE SOCIETY OF WELD COUNTY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of December, A.D., 2009.
ATTEST:
11,
Weld County Clerk to the Bo
an
k to the Board
APPROVED AS TOJO
Linty Attorney
Date of signature: IabCdDc1
BOARD OFtCOUNTY COMMISSIONERS
Y, GAI.ORA
ouglas eademacher, Pijo-Tem
Sean P. Conway
EXCUSED
Ba�baca Kirkmeyer
David E. Long
David E. Long
2009-3304
FI0050
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 16th day of December, 2009, 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, has awarded
the Humane Society of Weld County the sum of $145,964.00 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 agreement 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 agreement 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 Agreement is to establish an agreement for the use of Weld
County general fund monies within the Weld County Animal Control Program.
2. CONTRACT PERIOD will be from January 1, 2010, through December 31, 2010.
3. COMPENSATION: For provision of services from January 1, 2010, through
December 31, 2010, "Weld" agrees to pay "Contractor" the amount of $145,964.00.
In addition, the "Contractor" will retain any and all redemption and owner surrender
fees collected.
The annual fee for service assumes a total annual animal intake at the Shelter of
approximately 7,100 from all sources.
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 the "County" separately. The "County" will collect the
fees through the Court's restitution process. Impound fees are $25.00, per day, plus any
cost for required veterinary services and other services.
The "Contractor" will bill "Weld" for services. One fourth of the annual rate ($36,491.00) will
be due to "Contractor" at the first of each calendar quarter (January 1, April 1, July 1,
October 1, 2010).
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MEMORANDUM OF AGREEMENT - THE HUMANE SOCIETY OF WELD COUNTY
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13. "Weld" may terminate this agreement at any time by giving "Contractor" a thirty -day
written notice of such sooner termination, and may be terminated at any time without
notice upon the material breach of terms of this agreement by "Contractor".
14. No alteration or variation of the terms of this agreement 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
agreement.
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 Contract, 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 Contract. "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 Contract 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 Contract, "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 Contract. 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 Contract.
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MEMORANDUM OF AGREEMENT - THE HUMANE SOCIETY OF WELD COUNTY
PAGE 4
IN WITNESS WHEREFOR, the parties above named have executed this agreement on the
16th day of December, A.D., 2009.
ATTEST:
Weld County Clerk to th
By
Deputy Clerk he :oard
DEC 11 5 2009
BOARD OF C TY COMMISSIONERS
WELD C OLORADO
BY:
William F. Garcia, Chair
HUMANE SOCIETY OF WELD COUNTY
BY: &./c )17
Executive Director
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