HomeMy WebLinkAbout20223235.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES 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, the Board has been presented with an Agreement for Professional Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Sheriff's Office, and the Humane Society of Weld
County, commencing November 1, 2022, and ending December 31, 2024, 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 Agreement for Professional Services between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Sheriff's Office, and the Humane Society of Weld County, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of November, A.D., 2022, nunc pro tunc November 1, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datfm) XL:4
Weld County Clerk to the Board
BY:
APP
ttorney
Date of signature: I I/23/?.2
Lori Saine
Sc
K. James, Chair
C-
eeman, Pr
teve Moreno
cc'. So(SK/MK)
O./.5 /3.2
2022-3235
SO0043
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: 2023-2024 Weld County Humane Society Service Contract
DEPARTMENT: Sheriff's Office —ACO Unit DATE: 11-14-2022
PERSON REQUESTING: Sonja Kohlgraf, WCSO Budget Manager
Brief description of the problem/issue:
Weld County Humane Society CEO Nicholas Gilman requested a meeting with the BOCC at the end of May
2022 and necessitated that the current WC Humane Society contract should be rewritten, reflecting an
increase in reimbursement per animal. The justification given, was the fact that WC Humane Society is not
able to cover its cost with the current support and that $43.13 is well under the benchmark rate set by ICMA.
BOCC reviewed the request and options and agreed to increase the per animal reimbursement rate to
$400/animal for a maximum stay of 5 days. The contract period will run from 11/1/2022 to 12/31/2024.
The contract has been reviewed by the County Attorney's Office and the Sheriffs Office.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
• Approve the 2022-2024 contract to ensure 24hrs a day, 365 days per year intake service.
• Do not approve the contract and WCSO will have to find a different provider of services.
• Schedule a work session for further information.
Recommendation: The WCSO recommends approval of the contract.
Perry L. Buck
Mike Freeman, Pro-Tem
Scott K. James, Chair
Steve Moreno
Lori Saine
Approve
Recommendation
p1
Schedule
Work Session Other/Comments:
2022-3235
Ill 7-1 So 0043
AGREEMENT FOR PROFESSIONAL
SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose
address is 1150 0 Street, Greeley, Colorado, 80631 ("County"), and Humane Society of Weld
County, whose address is 1620 42nd Street, Evans, CO 80620, ("Contractor" or "the Shelter").
WITNESSETH:
WHEREAS, County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services and is willing
to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor hereby accepts
engagement by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from November 1, 2022 and will
automatically renew in accordance with Exhibit A through and until December 31, 2024.
If new payment terms are not renegotiated for additional years after December
31, 2023, the contract will automatically renew at the previous year terms, unless
terminated in accordance Section 13 of this agreement.
3. Services to be Performed. Contractor agrees to perform the Services listed or referred to in
Exhibit A, attached hereto and incorporated herein.
4. Compensation.
a. For 2023, County agrees to pay Contractor for services performed as set forth on
Exhibit A at the rate of $400 dollars per animal. 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, shall be billed to
Weld County at a rate of $25.00 per calendar day. The County shall not be invoiced for
an animal redeemed by the owner. For animals, the County will pay a $50.00 disposal
fee if the animal is required to be euthanized after the 10 -day bite quarantine expires, or
if an owner surrender animal is considered vicious. The term, "animal," as used herein
means all dogs and cats brought to the Shelter by the County ACO.
b. Diseased dead -on -arrival animals will be dropped off at the Humane Society by WCSO
ACO staff. The rate will be a one-time charge of $100/animal for these cases, covering
storage and cremation.
c. Payment to Contractor shall be made within thirty (30) days of presentation of a
proper claim by Contractor, itemizing services performed.
5. Additional Work. In the event the County shall require changes in the scope, character, or
complexity of the work to be performed, and said changes cause an increase or decrease
1 I P c
in the time required or the costs to the Contractor for performance, an equitable adjustment
in fees and completion time shall be negotiated between the parties and this Agreement shall
be modified accordingly by a supplemental Agreement. Any claims by the Contractor for
adjustment hereunder must be made in writing prior to performance of any work covered in
the anticipated supplemental Agreement. Any change in work made without such prior
supplemental Agreement shall be deemed covered in the compensationand time provisions
of this Agreement.
6. Collaboration and Cooperation.
a. The County and Contractor agree that the health and safety of County employees,
HSWC employees and animals are of great concern and require both
communication and sanitation protocols to ensure the well-being of all
concerned. The County shall identify a point of contact within the Sheriff's
Office to receive and respond to communications from the contractor. The
County agrees to have procedures in place to ensure the adequate sanitation of
Animal Control vehicles, cages and equipment. In the event of an outbreak of a
zoonotic disease, the Contractor shall inform the County as soon as Contractor is
aware, and no later than 24 hours following confirmation of a positive test result.
Contractor shall inform the Weld County Department of Public Health and
Environment as soon as possible and immediately institute procedures to contain
the spread of disease.
b. In accordance with PACFA Regulation 11.13 that states "The physical facility
must contain the pet animals within the pet animal facility and restrict entry of
other animals and humans from outside either by a building, perimeter fence, or
enclosures designed to be escape -proof. County agrees to drop off animals within
the contained area of the shelter to prevent escape and/or injury to both animals
and humans.
7. Independent Contractor. Contractor agrees that it is an independent contractor and that
neither Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents
or employees of the County for any purpose. Contractor shall have no authorization, express
or implied, to bind the County to any agreement, liability, or understanding. The parties
agree that Contractor will not become an employee of County nor is Contractor entitled to
any employee benefits from County as a result of the execution of this Agreement.
8. Warranty. Contractor warrants that services performed under this Agreement will be
performed in a manner consistent with the professional standards governing such services
and the provisions of this Agreement.
9. Reports County Property. All reports, test results and all other tangible materials
produced in connection with the performance of this Agreement, whether or not such
materials are in completed form, shall at all times be considered the property of the
County. Contractor shall not make use of such material for purposes other than in
connection with this Agreement without prior written approval of County.
10. Acceptance of Product not a Waiver. Upon completion of the work, Contractor shall submit to
County originals of all test results, reports, etc. generated during completion of this work.
Acceptance by County of reports and incidental material furnished under this Agreement shall
not in any way relieve Contractor of responsibility for the quality and accuracy of the work.
Acceptance by the County of, or payment for, any services performed under this Agreement
shall not be construed as a waiver of any of the County's rights under this Agreement or under
the law generally.
11. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers
and agents, from and against loss or liability arising from Contractor's acts, errors or omissions
in seeking to perform its obligations under this Agreement. Contractor shall provide necessary
workers' compensation insurance at Contractor's own cost and expense.
12. Non -Assignment. Contractor may not assign or transfer this Agreement, any interest
therein or claim thereunder, without the prior written approval of County.
13. Termination. Either party may terminate this Agreement at any time by providing the
other party with a 60 -day written notice thereof. Furthermore, this Agreement may be
terminated at any time without notice upon a material breach of the terms of the
Agreement. In the event of an early termination, Contractor shall be paid for work
performed up to the time of notice and County shall be entitled to use of all material
generated pursuant to this Agreement.
14. Access to Records. County shall have access to Contractor's financial records as they
relate to this Agreement 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 at least five years after final payment hereunder.
15. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
16. 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, including but not
limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions.
17. Notices. Any notice required to be given under this Agreement shall be in writing and
shall be mailed or delivered by certified mail, return receipt requested, postage prepaid
to the other party at that party's address as stated above.
18. Compliance. This Agreement and the provision of services hereunder shall be subject to
the laws of Colorado and be in accordance with the policies, procedures, and practices of
the County.
19. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or
use other contractors or persons to perform services of the same or similar nature.
20. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further,
3IPage
Contractor represents, warrants, and agrees that it has verified that Contractor does not
employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant,
employs illegal aliens or subcontracts with illegal aliens, County can terminate this
Agreement and Contractor may be held liable for damages.
21. Entire Agreement/Modifications. This Agreement contains the entire agreement between
the parties with respect to the subject matter contained in this Agreement. This instrument
supersedes all prior negotiation, representation, and understanding or agreements with
respect to the subject matter contained in this Agreement. This Agreement may be
changed or supplemented only by a written instrument signed by both parties.
22. Funding Contingency. Financial obligations of the County payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and
otherwise made available. Execution of this Agreement by County does not create an
obligation on the part of County to expend funds not otherwise appropriated in each
succeeding year.
23. No Conflict. No employee of Contractor nor any member of Contractor's family shall
serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or
authorizes funding to Contractor.
24. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such
provision, to the extent that this Agreement is then capable of execution within the
original intent of the parties.
25. No Third -Party Beneficiary. It is expressly understood and agreed that such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this enforcement of the
terms and conditions of this Agreement, and all rights of action relating to include in this
Agreement. It is the express intention of the undersigned parties that any entity other thanthe
undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
26. Weld County Sheriff's Office point of contact will be:
ji
Lt. Michael Knee ``
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E -Mail
Telephone
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Telephone
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written
below.
ATTEST: dcterAt/tiadea;tik
Weld County Clerk to the Board
BY:
Deputy Cler % to theffr
„4.r
5 Page
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ott James, Chair
N0V 2 1222
CONTRACTOR/POINT OF CONTACT
BY: (See signature above)
Title: Weld County Humane Society's CEO
Nicholas Gilman, Executive Director
o2PaR -30?-3
EXHIBITA
Services to be performed by the Contractor for Weld County:
The term, "animal," as used herein, means all dogs and cats brought to the Shelter by the County ACO.
• For the terms of the one-year agreement, the rates agreed upon are as follows:
• For CY2023: $400 per animal.
Intake service, 24 hours a day, 365 days per year in a secure, fenced, and enclosed facility.
Five day impound care, including feeding and watering.
Animal bite quarantine service and animals held for court cases, as required.
Euthanasia of animals for bite relinquishments, vicious animals, and animals following the 10
day impound not appropriate for adoption. Stray animals, brought in by ACO deputies, on bite
quarantines will It held for 10 days, after which time Weld County's ACO will sign off on the
animal and it will become the property of the shelter. The maximum charge for this stay will be
$250.
• Issuance of Weld County summonses and complaints on behalf of Weld County, when
appropriate.
• Unless an animal has been impounded and placed on an agency hold, all animals shall become
the property of the Contractor after a maximum of 5 days. No additional fees or costs shall be
charged to the County after the 5 days has elapsed and a Weld County employee has signed the
paperwork relinquishing the hold.
• County will not cover owner surrender or citizen drop-off for any animal, including strays, unless
brought into the Humane Society by Weld County Sheriff's Office ACO.
• Monthly reports will be prepared and sent to the County. Reports will include the total number
of animals brought to the Shelter with case number for each animal, and disposition (redeemed,
adopted, transferred, euthanized) and disposition date of each animal. There will not be an
additional fee for this service.
6IPaaa
Contract Form
Entity Name* Entity ID*
HUMANE SOCIETY OF WELD COUNTY O00002341
❑ New Entity?
Contract Name* Contract ID
HUMANE SOCIETY OF WELD COUNTY ACO CONTRACT 6492
2022-2024 REVISED 11-14-2022
Contract Status
CTB REVIEW
Contract Lead*
MKNEE
Contract Lead Email
mkneegveldgov.com
skohlgrat@weldgov.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description.
SERVICE CONTRACT WITH APPENDIX A COST REIMBURSEMENT; REIMBURSEMENT RATE CHANGED TO $400 FOR MAX 5 DAY
ANIMAL HOLD; CONTRACT TOTAL BELOW BASED ON 2022 JAN-SEP ANIMAL DROP OFFS AND HOLDS AT $400/ANIMAL
Contract Description 2
PREVIOUS CONTRACTS 2015-3764 TYLER 2016-2018 AND ONBASE ID 2.567 FOR CONTRACT 2019-2021; ONBASE#5277
NEGOTIATED IN 2021 FOR 2022-2024, CEO RQSTD CHANGE OF REIMB RATE IN MAY 2022
Contract Type*
CONTRACT
Amount
$ 174,000.00
Renewable.
YES
Automatic Renewal
NO
Grant
I
Department
SHERIFF
Department Email
CM-SheriffOweldgov.com
Department Head Email
CM -Sheriff -
De ptH ead Vvve I dg ov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NT YATTORN EYOWELDG
OV.COM
If this is a renewal enter previous. Contract ID
If this is part of a NSA enter MISA Contract ID
Requested BOCC Agenda Due Date
Date* 11/17/2022
11/212022
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept. to be included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Review Date*
05/2712024
Renewal Date*
12/31/2024
errnination Notice Period
Purchasing Approved Date
over
Department Head
DONNIE PATCH
Finance Approver
CHERYL PATTELLI
Legal Counsel
BRUCE BARKER
OH Approved Date
1/15/2022
00CC Approved
11OCC Signed Date
BOCC Agenda Date
11/21/202.2
riginator
SKOHLGRAF
Committed Delivery Date
Finance Approved Date
11/15/2022
Tyler Ref #
AG 112122
Expiration Date
�Po9��ii�uiev rt CHm
Legal Counsel Approved Date
11/15/2022
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