HomeMy WebLinkAbout20073782.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,COLORADO,
AND THE HUMANE SOCIETY OF WELD COUNTY ASARECIPIENTOF 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
$148,500.00 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 1,2008,through December 31,2008,
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.
2007-3782
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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 17th day of December, A.D., 2007.
! `:,C , BOARD OF COUNTY COMMISSIONERS
-; W COUNTY, COLORADO
i ,a
ATTEST: r .,,, -•;"' crui CaCc))
iii ` " ' David E. Long, Chair
Weld County Clerk to the t' � .h.- _
# , William H. Jerke Pro-Tem
D ty Cle to the Board
740ez 7-2 _
Vd "dliam F. Garcia
APPIO D A M: EXCUSED
�', � Robert D. Masden
-County Attorney q,
7 Dougl s Radem her
Date of signature: (111 /" "/�
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 17th day of December, 2007, 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$148,500.00 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, 2008, through December 31, 2008.
3. COMPENSATION: For provision of services from January 1, 2008, through
December 31, 2008,"Weld"agrees to pay"Contractor"the amount of$148,500.00.
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($37,125.00)will
be due to "Contractor" at the first of each calendar quarter (January 1, April 1, July 1,
October 1, 2008).
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MEMORANDUM OF AGREEMENT - THE HUMANE SOCIETY OF WELD COUNTY
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4. SCOPE OF SERVICES TO BE PROVIDED BY CONTRACTOR TO WELD:
Services consisting of those for a kennel operation for the companion animals
originating from "Weld" 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, euthanasia of animals not redeemed, transferred or adopted, and
appropriate disposal of animal carcasses.
"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.
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 it's 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 it's 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
agreement.
9. "Contractor"shall indemnify"Weld," it's officers, and employees against liability for
injury or damage caused by any negligent act or omission of any of its employees
or volunteers or agents in the performance of this agreement and shall hold"Weld"
harmless from any loss occasioned as a result of the performance of this contract
by "Contractor." "Contractor" shall provide necessary Worker's Compensation
insurance at"Contractor's" own cost and expense.
10. "Contractor" may not assign or transfer this agreement, 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 preformed.
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.
2007-"
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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.
2007-**
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MEMORANDUM OF AGREEMENT - THE HUMANE SOCIETY OF WELD COUNTY
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IN WITNESS WHEREFOR, the parties above named have executed this agreement on
the 17th day of December, A.D., 2007.
///1 p ARD OF COUNTY COMMISSIONERS
ATTEST: �i <� D OUNTY, COLORADO
Weld County Clerk to the Board 186: tr", B c,
i E. Long, Chair
�3 DEC 17 2007
By: �4)) a' 7 i
Deputy Clerk to the Board l 6MANE SOCIETY OF WELD COUNTY
BY: `1/4
Executive Director
2007,9'O245
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