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Home My WebLink About20242209.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT FOR K-9 COMFORT DOG MINISTRY AT WELD COUNTY REGIONAL COMMUNICATIONS CENTER (WCRCC) AND AUTHORIZE CHAIR TO SIGN - LUTHERAN CHURCH CHARITIES/REDEEMER LUTHERAN CHURCH 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, the Board has been presented with a Professional Service Agreement for K-9 Comfort Dog Ministry at the Weld County Regional Communications Center (WCRCC) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Safety Communications, and Lutheran Church Charities/Redeemer Lutheran Church, commencing upon full execution of signatures, and ending August 18, 2025, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Professional Service Agreement for K-9 Comfort Dog Ministry at the Weld County Regional Communications Center (WCRCC) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Safety Communications, and Lutheran Church Charities/Redeemer Lutheran Church, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. CC'. Ct (TP) o°I/09 /2.4 2024-2209 CM0029 PROFESSIONAL SERVICE AGREEMENT FOR K-9 COMFORT DOG MINISTRY AT WELD COUNTY REGIONAL COMMUNICATIONS CENTER (WCRCC) - LUTHERAN CHURCH CHARITIES/REDEEMER LUTHERAN CHURCH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August, A.D., 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to the Board BY: YVl • kiaA&I 4.-/C Deputy Clerk to the Board AP ' • DO FORM: unty 4 rney Date of signature: WELD COUNTY OLO Kevi Perry L. B; k, Pro-Tem reeman K. James i Saine 2024-2209 CM0029 Lbnivac+ 1fl $53� BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Comfort K9 Visits DEPARTMENT: PS Communications PERSON REQUESTING: Tina Powell DATE: 06/20/2024 Brief description of the problem/Issue: We would like to start having an organization with comfort dogs visit WCRCC. This Is a great benefit to our employees to help handle the vicarious trauma they experience while at work. Bruce and Adria created the attached professional servlces agreement to ensure that the dogs are insured and that this Is a zero cost service to Well County. Also attached Is an employee consent fonn to ensure tttat everyone is good with the dogs being present. The visits will be scheduled but also can be requested during large scale events. HR has also reviewed and consulted on this. What options exist for the Board? Approve - Dogs allowed Deny - No dogs allowed Consequences: None Impacts: Emotional support for our employees at zero cost to the County Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years: Zero Recommendation: Staff recommends approval of the visits. Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Seine Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: hn1C� 2024-2209 3A9 CM 0079 Weld County Board of Commissioners and the Lutheran Church Charities/Redeemer Lutheran Church K-9 Comfort Dog Ministry Professional Service Agreement THIS AGREEMENT is made this. of S'\-- , 2024, by and between the Board of County Commissioners of Weld County, Colorado, 1150 O�reeley, Colorado 80631, hereinafter referred to as the "County," and the Lutheran Church Charities/Redeemer Lutheran Church K9 Comfort Dogs, 3020 Milwaukee Ave., Northbrook, IL 60062, hereinafter referred to as the "Contractor." WITNESSETH: County and Contractor, for the mutual promises and consideration hereinafter set forth, agree as follows: Contractor shall provide K9 comfort dog(s) and handler(s) at Weld County Regional Communications Center (WCRCC), at no cost, for the benefit of WCRCC employees who consent to participate in K9 comfort dog visits. SECTION I- SERVICES OF CONTRACTOR 1. The Contractor will bring K-9 comfort dog(s) to the WCRCC, at scheduled and mutually agreed upon times. 2. The Contractor warrants that the comfort dog(s) is/are current on state vaccination and health requirements, free from any contagious diseases, and are pest and parasite -free (i.e. not infested with fleas or ticks). 3. The care and supervision of the comfort dog(s) is solely the responsibility of its handler(s). All dog handlers agree they are solely responsible for any clean up that is required because of the comfort dog's visit. 4. Contractor understands that if there is a WCRCC staff member on duty who does not consent to having the comfort dog present, the comfort dog and handler may be assigned to another space, as designated by the WCRCC on -duty supervisor. SECTION II- INSURANCE Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance. Workers' Compensation /Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. 1 p20,,2A.20% Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability). The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: $1,000,000 Per Loss; $2,000,000 Aggregate. All insurers of Contractor must be licensed or approved to do business in the state of Colorado. Contractor's comprehensive general liability and workman's compensation insurance policies and/or certificates of insurance shall be issued to include Weld County, its employees and officers, as additional insured parties and shall include the following provisions: The insurance company issuing the policy or policies shall have no right of recovery or subrogation against the County, it being the intent of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses resulting from the actions or negligence of Contractor, or injuries arising out of Contractor's activities. The insurance company issuing the policy or policies shall have no recourse against the County for payment of any premiums due or for any assessments under any form of any policy. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of Contractor. Each insurance policy herein required shall be endorsed to state that coverage shall not be suspended, voided, or cancelled without thirty (30) days prior written notice to the County by certified mail, return receipt requested. At any time during the term of this Agreement, the County may require Contractor to provide proof of the insurance coverage or policies required herein. Upon failure of Contractor to furnish, deliver and/or maintain such insurance as provided herein, this Agreement, at the election of the County, may be immediately declared suspended, discontinued, or terminated. Failure of Contractor to obtain and/or maintain any required insurance shall not relieve Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with the obligations of Contractor concerning indemnification. SECTION II — TERM The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. Weld County may extend the term of this contract by written notice to the Contractor within thirty (30) days of the expiration of this agreement. SECTION III - INDEPENDENT CONTRACTOR 2 Pursuant to Workers' Compensation Act 8-40-202(2)fb)(IV), C.R.S., as amended, Contractor understands that it and its employees and servants are not entitled to workers' compensation benefits from the County. Contractor further understands that it is solely obligated for the payment of federal and state income tax on any moneys earned pursuant to this agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. SECTION IV - INDEMNIFICATION Contractor agrees to indemnify and hold harmless the County, its officers, agents, and employees for, from, and against any and all claims, suits, expenses, damages, or other injury to persons, entities, or property caused or sustained by any person(s) as a result of Contractor's performance or failure to perform pursuant to the terms of this Agreement. Notwithstanding the expiration of this Agreement upon the expiration of the term specified in Section III of this Agreement, or termination of this Agreement pursuant to Section VII of this Agreement, this Section VI regarding indemnification shall survive the expiration or termination of this Agreement. SECTION V - TERMINATION Either party may terminate this Agreement for cause. An aggrieved party must first notify the other party of the outstanding issue and allow one day to cure or such longer period of time as is mutually agreed upon by the parties. In the event such issue is not cured within the cure period, the aggrieved party may terminate the Agreement and pursue any remedy recognized by Colorado law. Weld County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. SECTION VI - MUTUAL UNDERSTANDINGS 1. Integration of Understanding. This Agreement contains the entire understanding of the parties hereto and neither it, nor the rights and obligations hereunder, may be changed, modified, or waived except by an instrument in writing that is signed by the parties hereto. 2. Parties Interested Herein. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon or to give to any person other than the parties to this Agreement any right, remedy, or claim under or by reason of this Agreement of any covenant, terms, conditions, or provisions hereof. All covenants, terms, conditions, and provisions in this Agreement, by and on behalf of County and Contractor, shall be for the sole and exclusive benefit of County and Contractor. 3. Severability. If any provision of this Agreement is determined to be unenforceable or invalid for any reason, the remainder of this Agreement shall remain in effect, unless otherwise terminated in accordance with the terms contained herein. 4. Authorization. Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein and to perform the duties and obligations herein described. 5. Compliance with Law. Contractor shall strictly comply with all applicable federal, State of Colorado, and County laws, rules and regulations in effect or hereafter established, 3 including without limitation, laws applicable to discrimination and unfair employment practices. 6. Choice of Law and Venue. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. Venue for any legal dispute associated with this Agreement shall be in Weld County, Colorado. Should the courts in Weld County not have jurisdiction over the legal dispute, the venue shall be the nearest court in Colorado having jurisdiction. 7. Non -Assignment. The rights and responsibilities of either party pursuant to this Agreement are not assignable without prior written permission from the other party. 8. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10- 101 et seq., as applicable now or hereafter amended. 9. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, In Witness Whereof, the parties hereto execute this contract on the day first above written. CONTRACTOR ni Heiden, K9 Luthern Church Charities/Redeemer Lutheran Church K9 Comfort Dogs Date: �-J rD/oti /L BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Kevin D. Ross, Chair AUG 1 9 2024 ATTEST: ddrAtA) 6: ;K. Clerk to the Board BY' Hladitklak. Deputy Clerk to the Board 4 aao7 Contract Form Entity Information Entity Name * LUTHERAN CHURCH CHARITIES Contract Name * COMFORT K9 Contract Status DONE Entity ID* @00048918 O New Entity? Contract ID 8539 Contract Lead * TPOWELL Contract Lead Email tpowell@weld.gov Parent Contract ID Requires Board Approval NO Department Project # Contract Description * PROFESSIONAL SERVICE AGREEMENT TO BRING IN THERAPY AND COMFORT K9 VISITS INTO OUR CENTER. Contract Description 2 Contract Type * AGREEMENT Amount* $0.00 Renewable* YES Automatic Renewal Grant IGA Department COMMUNICATIONS Department Email CM- Communications@weldgo v.com Department Head Email CM-Communications- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 08/08/2024 08/12/2024 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date* 06/01/2025 Committed Delivery Date Renewal Date * 08/01/2025 Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head TINA POWELL DH Approved Date 07/29/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 08/19/2024 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 07/29/2024 07/29/2024 Tyler Ref # AG 081924 Originator TPOWELL Hello