HomeMy WebLinkAbout20191418RESOLUTION
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, 2019, and ending December 31, 2021, 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 10th day of April, A.D., 2019, nunc pro tunc January 1, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:,
,,J G. Heide gx
Weld County Clerk to the Board
BY:
Deputy Cle k to the Board
APPRM:
orney
Date of signature: 1-1/1(oil 4
I
arbara Kirkmeyer, hair
Mike Freeman, Pro-Tem
Steve Moreno
cc: SoCsK)
1O/O5/2O
2019-1418
SO0040
April 8, 2019
To: Board of County Commissioners
From: Lieutenant Josh Noonan
Re: Contract for service between the Humane Society of Weld County and WCSO Animal
Control
Commissioners,
As required by County Code, a contract for service is required for the Humane Society of Weld
County and Weld County for Animal Control services through the Sheriff's Office. Negotiations
for the most competitive pricing and best rates have been conducted, and the 2019-2021 contract
delivers the best pricing we are able to get for these services. We work hard to continue our
partnership for service with the Humane Society for this purpose.
The contract has been reviewed by the County Attorney's Office, the Sheriff's Office and
Finance. It was approved via pass around in April 2019, and we ask for the chair to sign the
contract for service with the Humane Society of Weld County.
2019-1418
Southwest Substation
4209 WCR 24 1/2
Longmont, Colorado 80504
(720) 652-2415
Fax (720) 652-4217
Headquarters
1950 0 Street
Greeley, Colorado 80631
(970)356-4015
Fax (970)304-6467
Toll Free (800)436-9276
www.weldsheriff.com
Southeast Substation
2950 9th Street
Fort Lupton, Colorado 80621
(303) 857-2465
Fax (303) 637-2422
Page I 1
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose
address is 1150 O 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 January 1, 2019, through and until
December 31, 2021. The schedule of increases is included in Exhibit A.
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 2019, County agrees to pay Contractor for services performed as set forth on
Exhibit A at the rate of $ 34.23 per calendar day with a maximum of 5 days ($171.15
per 5 day hold), 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 put down 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. 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
020/ 9-/ i/./g(,)
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.
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
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. 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.
7. Independent Contractor. Contractor agrees that Contractor 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 the 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 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. No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated or budgeted
for.
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 than
the 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:
0S\ oo vta-v\ LA-. Name and Title
jY1 CO14a.vttlAXtAy v . cowl Email
910 - goo- 2 g l 9 Telephone
27. Weld County Humane Society's point of contact will be:
E l a `14 1431.1t, 5 5.1,t C. _ b+(- Name and Title
eh;6- S e vii. ktkr.ane.... Dr,
3?) -31(35
Email
Telephone
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
ATTEST: deltrAvo ;ti BOARD OF COUNTY COMMISSIONERS
We ld�C o my Clerk to the Board WE,J.,D COUNTY, CO}GORADO
Dep erk to �'e Bo;� Barbara Kirkmeyer, Chair
CONTRACTOR:
BY: 1% -'-
APR 102019
Title: v ,O -L •
oZoif- Nig (0
EXHIBIT A
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 2019; $34.23 per day ($171.15 for the five day impound care)
o For 2020; $36.97 per day ($184.84 for the five day impound care)
o For 2021; $39.93 per day ($199.65 for the five day impound care)
• 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
will be 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 $34.23 (2019), $36.97 (2020), $39.93 (2021) per
calendar day, with maximum of 5 days if the County ACO brings in the cat. County will
not cover owner surrender or citizen drop-off cats or any animal other than dogs.
• 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 of each animal (redeemed, adopted, transferred, euthanized). There will not
be an additional fee for this service.
• Per day charge of newborn animals will only be billed to the County if the birth occurs
during the 5 day hold.
• Return of County intake forms when an animal has been dispositioned.
• The HSWC will provide routine veterinary services to Weld County for a flat fee of
$100.00 per ill/injured animal. If x-rays are required and/or immediate surgery, there
will be an additional fee of $35.00 per ill/injured animal. The maximum fee to the
County for these services will be $135.00 per animal. These fees will include all medical
and surgical services deemed necessary and appropriate by the HSWC veterinarian to
treat and/or stabilize the animal during the 5 day stray hold period.
• In cases where the patient's injuries/condition necessitates humane euthanasia, the fee
will be $75 for the procedure and appropriate disposal of the animal's remains. The
decision to relieve the patient's suffering with humane euthanasia versus diagnostic
testing, medical therapy, or surgery, etc. will be at the discretion of the HSWC
veterinarian.
• If an animal's injury/illnesses is not readily apparent, he HSWC agrees to triage patients
brought to the HSWC by the County ACO to determine if transport to Pets Emergency
for services not provided by the HSWC are appropriate. There will not be a charge for
this service. In the event of an emergency (e.g. hit by car, severe injury, etc.) County
shall transport the animal directly to Pets Emergency instead of to the shelter.
• Veterinary services will be available Monday through Friday, 8am-5pm and the first and
third Saturdays of the month from 8am-4pm. This may change dependent on
availability of veterinarians.
DRAFT
HUMANE SOCIETY
C? Weld Lour
The Humane Society of Weld County (HSWC), a 501(c)(3) nonprofit organization, was founded
in 1961 and is not affiliated with any national animal organizations. As an open admission
shelter, the HSWC accepts animals despite breed, age, temperament, or health and is the only
animal shelter in Weld County. The HSWC is funded by generous donors, fees for services,
grants, fundraisers, and municipal contracts. As a Humane Society, the shelter has programs and
services designed to meet the needs of our diverse community and to promote responsible pet
ownership and community safety. To safeguard long-term organizational stability and respect
the wishes of our donors, the HSWC needs to ensure that donor contributions don't subsidize the
cost of municipal contracts. The information provided below is a snapshot of major expenses
from 2015 through 2017 and is the basis for our funding proposal for the next 3 years.
The HSWC contracts with municipalities to provide animal care and shelter pursuant to
Colorado statute as well as compliance with the Colorado Pet Animal Care Facility Act
(PACFA).
The Humane Society of Weld County (HSWC) offers the County:
1. Full kennel operations available 24/7 for stray and lost animals that meets all PACFA
Regulations
2. Provision of services for rabies quarantines, dangerous dog holds, hoarding cases and
natural disasters
3. Compliance with the law requiring stray and lost animals to be held for 5 days
4. Placement option for citizens unable to care for their pets
5. Euthanasia and cremation of animals for municipalities and residents
6. A centralized location for residents to find their lost pets and the opportunity to adopt
animals from a reputable organization
7. Community programs that reduce pet overpopulation and promote healthy and
responsible pet ownership:
a. Microchipping
b. Low cost spay/neuter program
c. Low cost vaccination clinics
d. Community Wellness clinic
e. Grant programs that provide additional assistance for low-income residents
Humane Society of Weld County
Animal Intake and Cost Per Animal
2015 Through 2017
Calendar Total
Year Animals
2015 I 4,434*
2016 4,467*
2017 4,264*
2018 1,074*
Evans
380
471
482
103
Weld
Greeley County
2,653 452**
2,528 458**
2,518
643
373**
62**
HSWC
Cost Per
Animal
$280.63
$305.63
($297.76
w/o FR)
$332.00
(unaudited)
($298.02
w/o FR)
*Includes animals brought in from other municipalities, out of state transfers.
**Does not include animals returned to their owners
As with most small businesses, especially non-profit organizations, the recent minimum wage
increase will significantly impact our employee expenses over the next several years. Currently,
73% of our budget, which includes taxes, workers' compensation and benefits, is personnel. Due
to the mandated increases in the minimum wage, personnel costs are projected to increase
$59,205 in both 2019 and 2020. It should be noted the $59,205 increase does not include other
staff whose wages will need to be adjusted as a direct result of the new minimum wage law.
Projected minimum wage increases are noted below:
Effective Date
January 1, 2017
January 1, 2018
January 1, 2019
January 1, 2020
Minimum Wage I Percentage
Amount/Hour l Increase
$ 9.30 11.91%
$10.20 9.68%
$11.10 8.82%
$12.00 8.11%
Other significant facility and operational costs include the following:
• 52% increase in worker's compensation insurance over the past 3 years
• $73,837 average per year in utilities and facility maintenance
• Replacement of 4 Reznor Units, projected cost $200,000
• PACFA regulations and license
• Facility is 22 years old with extensive wear and tear
Proposal:
Based on the mandated minimum wage increase which averages 9.63%, repairs and maintenance
necessary for an aging facility that runs approximately $73,000 per year and an average increase
of 8% in the cost per animal, we are proposing a 3 -year contract with one of the following three
contract options:
Option 1: A set fee of $52,457 per year, or $4,371.39 a month for up to 500 animals. In years
2020 and 2021, set fee costs will rise by 8% each year. The annual rate for 2020 will
be $56,654 ($4,721/month) and $61,186 ($5,099/month) for 2021.
Option 2: Due to the minimum wage mandate, the per animal price for 2019 will be $171.15.
The prices will rise by 8% in the remaining contract years to $184.84 per animal in
2020 and $199.63 per animal in 2021.
Option 3: The HSWC would also offer the option of Weld County providing in -kind services to
help the HSWC offset building and grounds expenses. The value of these services
would decrease some of the sheltering fees. Possible ideas include resurfacing the
HSWC parking lot, roof repairs, snow plowing, etc.
In addition to the above options, for bite quarantines that come in as strays, the HSWC would
propose holding the animal through the 5 -day hold period and then sending the specimen in for
testing. For stray animals, there is no cost for the testing from the health department but there
would be a $25 fee to prepare the specimen for testing. This would save the County $125 per
animal, the HSWC kennel space and the overall health and safety of both the animal and
employees.
The Humane Society of Weld County values our partnership with the municipalities and strives
to not only provide quality animal care and services for animals, but to meet the needs of our
community.
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