HomeMy WebLinkAbout20153764.tiff RESOLUTION
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 Humane Society of Weld County, commencing
January 1, 2016, and ending December 31, 2018, 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 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 7th day of December, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLO DO
•
ATTESVa,.�� .1C140•� 4Y
arbara Kirkme er, it
Weld County Clerk to the Board
.ke Freeman, Pro-Tern
I BY:71 (14.t(A1.&_ /13 C---'
uty Clerk to the Board �� ��s�' , r-P
� onway
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ozad
ur'ity A torney ��J • .�'' SED
J,� 1 Steve Moreno
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Date of signature: "I
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CC= 5D(56) '2131 BC0048
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 the Humane Society of Weld
County,whose address is 1620 42hd 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, 2016,through and until December 31,
2018.
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. County agrees to pay Contractor for services performed as set forth on Exhibit A at the
rate of$30.84 peer calendar day with a maximum of 5 days,unless there is a required hold
extending beyond 5 days.The fee for 2017 and 2018 shall be calculated by using the base
price of$154.20 and adding a Cost of Living Adjustment(C.O.L.A). The C.O.L.A. shall
be based on the Colorado Consumer Price Index as of December 2015 for contract year
2017; for the contract year 2018, the C.O.L.A. shall be based on the Colorado Consumer
Price Index as of December 2016.
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$30.84 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. Payment to Contractor shall be made within thirty (30) days of presentation of a proper
claim by Contractor,itemizing services performed.
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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. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
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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. 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.
14. Time of Essence.Time is of the essence in each and all of the provisions of this Agreement.
15. 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.
16. 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.
17. 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 County.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
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24. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of
any immunities the parties or their officers or employees may possess.
25. No Third Party Beneficiary. It is expressly understood and agreed that the 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 included 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 ie an incidental beneficiary only.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year
written below.
A'1'I'EST: �j„ J ,bC,, OS(A BOARD OF COUNTY COMMISSIONERS
Weld Co ty Clerk to the Board WELD COUNTY,COLORADO
•
BY:
Deputy C rk to the B •arbara Kirkmeye Chair DEC 0 7 2015
APPROVED AS TO FUNDIN , J4 PROVED : TO SUBSTANCE:
liWGI�K VI%
Controller ���,� mo !' � �$ected Official or e . ea
APPR D AS T FORM: N I�I
I/ Director of General Services
County Attorney
CONTRACTOR:
BY: 2LA4
Title: [ G-d�i�i� V z'
4 0.212/5- 376it
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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 County citizens,and any other animal brought to the Shelter by the County ACO,only.
• Intake service, 24 hrs 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 and vicious animal.
• n and complaints on behalf of Weld County,when appropriate.
Issuance of Weld County summo ses p
• 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 day
s has elapsed and a Weld County employee has si signed the paperwork
P � P P
relinquishing the hold.
• Cats are ONLY covered at.the cost of $30.84 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 of 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.
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