HomeMy WebLinkAbout20212854.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 January 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 11th day of October, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d ) 0;1,
Weld County Clerk to the Board
BY:
APP
ounty At orney
Date of signature: 1 • /l9
41.
Steve oreno, Cair
Lori Saine
Cc; SO(5K/MK)
I0(I°t/2.I
2021-2854
SO0042
eo► OL& IT 5211
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 performservices
as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services and is willingto
perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants containedherein,
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 January 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, 2024
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 toin
Exhibit A, attached hereto and incorporated herein.
4. Compensation.
a. For 2022, County agrees to pay Contractor for services performed as set forth on Exhibit
A at the rate of $43.12 per calendar day with a maximum hold of 5 days at $215.60,
unless there is a required hold extending beyond 5 days. Any and 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 dogs, the County will pay a $50.00
disposal fee if the dog is required to be euthanized after the 10 day bite quarantine
expires, or if an owner surrender dog is considered vicious. The term, "animal," as used
herein means all dogs brought to the Shelter by either the County ACO or by Weld
County citizens, and any other animal brought to the Shelter by the County ACO only.
b. Payment to Contractor shall be made within thirty (30) days of presentation of
aproper 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
2021-2854
16/11 so 002
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 compensation
and 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.
2
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, 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 instrumentsupersedes 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
suchprovision, 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 theterms 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 Sheriffs Office point of contact will be:
Lt. Michael Knee
mime cw,e/��a._
E -Mail
4IPagc
9,b -goo- 393?
Telephone
27. Weld County Humane Society's point ol'contact will be:
Doug Kelley. Executive Director
E -Mai l
7?0, 30g- ib4 - - Telephone
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written
below.
ATTEST: ddrittA) J,tD;ok
Weld County Clerk to the Board
BY:
Deputy Cle
5f
tot Boa
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
Steve Moreno, Chair OCT 1 1 2021
CONTRACTOR:
Title: 571c. S -✓�1_G _Q.....
dam- 09859
EXHIBITA
Services to be performed by the Contractor for Weld County:
The term, "animal," as used herein means all dogs brought to the Shelter by either the County ACO
or by Weld citizens, and any other animal brought to the Shelter by the County ACO, only.
• For the terms of the three-year agreement, the rates agreed upon are as follows:
o For CY2022: Daily rate of $43.12 ($215.60 for a maximum of five day impound
care)
o For CY2023: Daily rate calculated: 2022 daily rate of $43.12 + Cost -of -Living Adjustment
(COLA) (maximum of five day impound care)
o For CY2024: Daily rate calculated: 2023 daily rate + Cost -of -Living Adjustment
(COLA) (maximum of five day impound care)
Note: The COLA shall be based on the Colorado Consumer Price Index December 2021
for 2023 contract year and the Price Index December 2022 for contract year 2024.
• 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 on bite quarantines willbe 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.
Cats are ONLY covered at the cost of:
o $43.12 per day for C Y 2022
o $43.12 + COLA adj. per day for CY2023
o CY2023 daily rate + COLA adj. for CY2024 per calendar day
Cost will be for a maximum of 5 days if the County ACO brings in the cat.
61 Page
County will not cover owner surrender or citizen drop-off for any animal unless
brought in to 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.
7IPage
New Contract Request
Entity tnfc i<I anion
Entity Name* Entity ID*
HUMANE SOCIETY OF WELD COUNTY @0OO02341
❑ New Entity?
Contract Name* Contract ID
HUMANE SOCIETY OF WELD COUNTY ACO CONTRACT 5277
2022-2024
Contract Status
CTB REVIEW
Contract Description
SERVICE CONTRACT WITH APPENDIX A COST REIMBURSEMENT
Contract Lead
MKNEE
Contract Lead Email
mknee@weldgov.com;
skohlgraf@weldgov.com
Parent Contract ID
Requires Board Approval
YES
De
Contract Description 2
PREVIOUS CONTRACTS 2015-3764 TYLER 2016-2O18 AND ONBASE ID 2567 FOR CONTRACT 2019-2021
Contract Type
CONTRACT
Amount *
$65,000.00
Renewable*
NO
ICI
Department
SHERIFF
Departrnern Email
CM-Sheriff@weldgov.com
Department Head Email
CM -Sheriff- Does Contract require Purchasing Dept. to be included?
DeptHead@weldgov.com NO
Requested BOCC Agenda
Date*
10,111 x2021
Due Date
10/071'2O21
Will a work session with BOCC be required?
NO
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@ ELDG
OV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
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 Review Date* Renewal Date
O1(0112022 05?0112024
on Notice Period Committed Delivery Date
Expiration Rate*
12/31/2024
Contact Information
Contact In
Contact Name Contact Type
Purchasing
Purchasing Approver
Approval Process
Department Head
DONNIE PATCH
DH Approved Date
10/06/2021
Final. Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
10/11/2021
Originator
SKOHLGRAF
Finance Approver
BARB CONNOLLY
Contact Phone I Contact Phone 2
asing steed Date
Legal Counsel
KARIN MCDOUGAL
Finance Approved Date Legal Counsel Approved Date
10/06/2021 10707+2021
Tyler Tyler Ref #
AG 101121
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