HomeMy WebLinkAbout20043188.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT FOR ANIMAL CARE AND WELFARE
FOR 2005 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, a Memorandum of Agreement for Animal Care and Welfare for 2005
between Weld County, Colorado, and the Humane Society of Weld County 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
$132,612 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, 2005, through December 31,
2005, 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.
2004-3188
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of November, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: MM.% tau,_ C 1$1\ —
����♦ Robert D. Masden, Chair
4 Clerk to the Board
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1 William H. rke, Pro-Tern
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Date of signature: 9 c
2004-3188
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T H E mat
OF WELD COUNFV
October 25,2005
Donald D. Warden
Weld County Colorado
P. O. Box 758
Greeley, Colorado 80632
Dear Donald,
Enclose please find a proposed memorandum of agreement for animal care and welfare
for the calendar year 2005. This is patterned after the 2004 contract and contains the
same basic terms and conditions. This contract does represent an approximate 3%
increase from the 2004 contract.
I have signed the enclosed copies. If you find it acceptable please have it authorized as
appropriate by Weld County, keep a copy and send the signed original back to me.
If you wish to make revisions to the agreement please contact me at your earliest
convenience to work out the changes and I will generate a revised agreement for our
signatures.
For the information of all parties concerned on January 1, 2005 we will begin locking the
rear gate on our facility. We regret that this is necessary but we have had animals stolen
from the back area of the kennel. We will provide the code to the County prior to the
January 1, 2005 date.
It has been a pleasure doing business with the Weld County and I look forward to another
rewarding year.
Sincerely,
Roger Messick
Executive Director
1620 42nd Street r. Evans, CO 80620 C' 970.506.9550 j: Fax 970.506.9132
A Loving Home for Every Pet. � ,y if/ if
MEMORANDUM OF AGREEMENT
THIS AGREEMENT,made and enter into on this,the day of
,2004,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$132,612 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 espress
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, 2005, Through December 31, 2005.
3. COMPENSATION: For provision of services from January 1, 2005,through
December 31,2004, "Weld"agrees to pay"Contractor"the amount of$132.612. 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 6,000 from all sources.
Any and all costs incurred due to extended animal impoundment(such as animals
held on bite quarantine and animal 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 cost for required veterinary services and other services.
The"Contractor"will bill"Weld"for services. One fourth of the annual rate
($132,612/4=$33153)will be due to"Contractor"at the first of each calendar
quarter(January 1,April 1,July 1, October 1,2005
2004-3188
MEMORANDUM OF AGREEMENT-HUMANE SOCIETY OF WLED COUNTY
PAGE 2
4. SCOPE OF SERVICES TO BE PROVIDED BY CONTRATOR TO WELD:
Services 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 day 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", it 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 n 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"own cost and expense.
10. "Contractor"may not assign or transfer this agreement, any interest therein or claim
there under 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 purpose 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.
MEMORANDUM OF AGREEMENT—HUMANE SOCIETY OF WELD COUNTY
PAGE 3
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".
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. "Contactor"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.
IN WITNESS WHEREFOF,the parties above named have executed this agreement on
the 3rd day of November ,A.D.,2004.
T: """` ! BOARD OF COUNTY COMMISSIONERS
II I�`� ��
WELD COUNTY,COLORADO
w�lerk to the Board
1861 (i Oi' .�
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BY
7i.� Chair ,
Robert D. Masden NOV
� �`�►erk to the Board c ?pot
HUMANE SOCIETY OF D CO TY
Roger Messick,Executive Director
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