HomeMy WebLinkAbout20143970 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, and the Humane Society of Weld County, commencing
January 1, 2015, and ending December 31, 2015, 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,
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 29th day of December, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELMOUNTY, COLORADO
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ATTEST: '� �
Douglas Rademacher, hair
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k t Gk rkmeyer, Te. .
Deputy Cleo' o t e Board
Sean P. Conway cc
APPROVE AS TO FORM: +�J�•
Mike Freema
4. R,e,County Attorney
William . rc a
Date of signature: DEC 2 9 2014
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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 Weld County Humane Society,
whose address is 1620 42nd Street, Evans, CO 80620, ("Contractor" or"the Shelter").
WITNESSETI I:
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 I, 2015, through and until
December 3 I, 2015.
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$33.50 per calendar day with a maximum of 5 days ($167.50 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 $33.50 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 County agrees to pay $15.00 for each summons
that is correctly issued on behalf of the Weld County Sheriffs Office to all
applicable animal owners in accordance with Weld County Code pertaining to
animals at large. 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
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performed tip to the time of notice and County shall be entitled the use of all material
generated pursuant to this Agreement.
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.
I5. 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.
I6. Notices. Any notice required to be given under this Agreement shall he 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.
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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.
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 be an incidental beneficiary only.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year
written below.
ATTESTdeeht& i`. r - BOARD OF COUNTY COMMISSIONERS
Weld Cit Clerk to the B. d WELD COUNTY, COLORADO
a
Deputy CI-ak to the Bo f' F r uglalRademacher, Chair DEC 2 9 2014
APPROVED AS TO FUNDING: +r. APPROVED AS TO SUBST C •
Controller � Elected Officia or Depar/m Head
APPROVED AS TO FORM: IV /A
Director of General Servic
County Attorney
CONTRACTOR:BY: [hob& dad-,
Title:
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02oN 3 970
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, as required.
• Euthanasia of animals for bite relinquishments and vicious animal.
• 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 he charged to
the County after the 5 days has elapsed.
• Cats are ONLY covered at the cost of $33.50 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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