HomeMy WebLinkAbout20013437 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
$90,000.00 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, 2002, through December 31,
2002, 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.
2001-3437
F10034
CC' ' F/
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 17th day of December, A.D., 2001.
BOARD OF CO NTY COMMISSIONERS
/�� WELDDCCOU , COLORADO
ATTEST: Liet te(/v t J.
. tr
`�� M. J. G ile,
Weld County Clerk to the ' gar• /r
1861 /
lenn en
BY: Ira./' u
Deputy Clerk to the B.`y� yv.
H.,Jerke
AP.PRO D AS TO, M: il— e
� vid E. Long )‘,,L
ounty Attorney
Robert D. Masden
Date of signature: -20
2001-3437
F10034
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 17th day of December, 2001, 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$90,000.00 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 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, 2002, through December 31, 2002.
3. COMPENSATION: "Weld" agrees to pay "Contractor" for services performed
hereunder at a rate of $100.00 per animal brought to the animal shelter by a Weld
County Animal Control Officer. The number of animals brought to the shelter shall
be accounted for by an animal impound form signed by both a Weld County Animal
Control Officer delivering the animal and a representative of the "Contractor"
receiving the animal. "Weld" will only pay the $100.00 per animal for those animals
documented by a signed animal impound form.
"Weld" shall pay $7,500.00 per month with a payment adjustment settlement
semi-annually as to actual number of animals impounded in the shelter per the
above paragraph. Any additional amount owed by"Weld" shall be paid in the next
month's payment, and any amount due as a repayment from the "Contractor" shall
be deducted from the next monthly payment. In the event of expiration or
termination of the contract the "Contractor" shall refund any overpayment to "Weld"
within 30 days.
4. The total amount paid by "Weld" to "Contractor" under this Agreement shall not
exceed the sum of$90,000.00 for animal care services.
2001-'
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MEMORANDUM OF AGREEMENT - HUMANE SOCIETY OF WELD COUNTY
PAGE 2
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 ten-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.
2001-*
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MEMORANDUM OF AGREEMENT- HUMANE SOCIETY OF WELD COUNTY
PAGE 3
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.
16. Any equipment acquired from funds covered by this contract shall remain the
property of"Weld", but "Contractor" shall have full use of the equipment for so long
as "Contractor" continues to function at its current capacity in Weld County,
Colorado.
17. Any animal held as a result of biting a human at the order of the Weld County Health
Department shall be billed separately to the Weld County Health Department at the
daily rate of$12.54 after five days of care. Ark amount billed for this purpose shall
be above the contract limit of$72,881.04. i`- o,c)O O
IN WITNESS WHEREOF, the parties above named have executed this agreement on the
17th day of December, A.D., 2001.
' ARD OF COUNTY COMMISSIONERS
ATTEST: L i
7``x'1'
LD COUJVTY, CO DO
Weld County Clerk to the Board �' ,.,y •/f 1,66
By: G/�t-1Pir- ✓
, M. J. Geile, Chair
Deputy Cler to the Board
.c-
HUMANE SOCIETY OF WELD COUNTY
BY: L- ----3
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