HomeMy WebLinkAbout20023243 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 has been awarded the sum of
$125,000 from Weld County General Fund monies, which monies are for the purpose of
providing the Weld County Animal Control Program and animal care services to Weld County
citizens, and
WHEREAS, the contract period shall be from January 1, 2003, through December 31,
2003, 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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RESOLUTION - 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 23rd day of December, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: MO ',1 CAr� EXCUSED
Gle aad, Chair
Weld County Clerk to the r.-r.' & 4
avid . Lo , Pro-Tem
BY: /.. •
Deputy Clerk to the Bo (z �i J. �lCt�
��►� eil -,7V
AP D AS TO •
AEXCUSED DATE OF SIGNING (AYE)
William H. Jerke
unty tt me EXCUSED
Robert D. Masden
Date of signature: /17/03
2002-3243
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 23rd day of December, 2002, 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 a sum of$125,000 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 this 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, 2003, through December 31, 2003.
3. COMPENSATION: For provision of services from January 1, 2003, through
December 31, 2003, "Weld" agrees to pay "Contractor" the amount of$125,000. In
addition, the "Contractor" will retain any and all redemption and owner surrender
fees collected.
The annual fee for services assumes a total annual animal intake at the Shelter of
approximately 6,000 from all sources.
Any and all costs incurred due to extended animal impoundments (such as animals
held on bite quarantine or animals held as evidence in court cases), while the
responsibility of the animal's owner, will be billed to the "County" separately to be
collected by the Court through the restitution process. Impound fees are $25.00 per
day plus any costs for required veterinary services or other services.
The "Contractor"will bill "Weld"for services. One fourth of the annual rate
($125,000/4 = $31,250) will be due to "Contractor" at the first of each calendar
quarter (January 1, April 1, July 1, October 1, 2003.)
4. SCOPE OF SERVICES TO BE PROVIDED BY CONTRACTOR TO WELD: Services
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MEMORANDUM OF AGREEMENT- HUMANE SOCIETY OF WELD COUNTY
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consisting of those for a kennel operation for 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 five days, attempts to redeem animals to owners,
euthanasia of animals not redeemed, transferred or adopted, and appropriate
disposal of animal carcasses.
5. "Contractor" assures that as a recipient of 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
employees' benefits as employees of"Weld" as a result of the execution of this
agreement.
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 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
thereunder without the prior written 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.
12. "Weld" shall have access to "Contractor's"financial records 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 two years after
final payment hereunder.
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 a material breach of the terms of this agreement by"Contractor'.
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MEMORANDUM OF AGREEMENT - HUMANE SOCIETY OF WELD COUNTY
PAGE 3
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 be denied the benefits of, or otherwise be subjected to discrimination under
this agreement.
IN WITNESS WHEREOF, the parties above named have executed this agreement on the
23rd day of December, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
ATTEST: Dry t et
za� WELD NTY, COLORA O
Weld County Clerk to I%, !O A.� BY:
�.. . 2 '., David E. Long, Chair Pro-
By: , 4
Deputy Clerk to the
HUMANE� SOCIETY OF WELD COUNTY
J BY: `'? N l�trvzA��
D
2002-3243
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