HomeMy WebLinkAbout116359 HUMANE SOCIETY OF LARIMER COUNTY - CONTRACT - CONTRACT - HUMANE SOCIETY 10/16/02COPY aoo3 oCT1 s zooZ
AGREEMENT
THIS AGREEMENT is entered into by and between THE CITY OF FORT COLLINS,
COLORADO, a Municipal Corporation (hereinafter referred to as "the City") and THE LARIMER
HUMANE SOCIETY, a Colorado non-profit corporation (hereinafter referred to as "the Society");
WITNESSETH:
WHEREAS, the City of Fort Collins has adopted, by ordinance, a policy aimed at
providing economical, safe and humane animal treatment and control and has
appropriated and budgeted monies necessary to effectuate the terms of this Agreement
for the term hereof: and
WHEREAS, the Society, a non-profit corporation, is dedicated to safe and
humane treatment and control of animals, consistent with the policies of the City and
other governmental jurisdictions for which it operates; and
WHEREAS, the Society employs trained and qualified persons to handle animals
within its custody.
NOW; THEREFORE, the City and the Society agree to the following:
1. Term of the Agreement. The initial term of this Agreement shall be from January
1, 2002, until December 31, 2002. The renewal term of this Agreement shall be from
January 1, 2003 through December 31, 2003 unless sooner terminated as provided
herein. This agreement may be renewed as provided in paragraph 12.j.
2. Scope of Services. The Society shall perform the following duties pursuant to this
Agreement:
a. Maintain and operate all physical plant facilities and equipment and provide all
personnel necessary for the efficient, effective, and humane operation of an
animal shelter in compliance with State law and ordinances of the City.
b. The Society shall comply with existing administrative directives of the
City and shall also comply with all future administrative directives of the City as
may be agreed to by the Society and the City Manager, relative to providing
animal control services under this Agreement and to operating the Society's
animal shelter.
c. Provide for, or be responsible for, the availability of the professional services of a
doctor of veterinary medicine licensed to so practice in the State of Colorado and
available 24-hours per day for emergency services.
d. Maintain and provide all medical supplies, professional instruments, and
equipment necessary for the efficient, effective operation of said animal shelter
and for the efficient, effective provision of animal control services.
COPY
brought to enforce the provisions hereof, the prevailing party may recover its
costs and reasonable attorney fees so incurred.
13. Performance; Termination.
a. It is hereby agreed by and between the parties that strict and timely compliance
with the applicable statutes of the State of Colorado, ordinances of the City of
Fort Collins, those administrative directives of the City agreed to by the parties,
and the provisions of this Agreement is required, and that the failure of either of
the parties to so comply shall be sufficient cause for the other to terminate this
Agreement upon written notice to the defaulting party, subject, however, to the
provisions of paragraph 12.1. above.
b. In the enforcement of City ordinances relating to animal control and in the
operation of the animal shelter for the City, the Society and its employees shall
comply with all applicable provisions of the Code of the City of Fort Collins. If the
City amends any portion of such ordinances or adds to the same, copies of such
amendments shall be delivered to the Society and from and after the date of
such delivery, the Society shall comply with all requirements contained in the
amendment.
c. The Society agrees to make its financial records available when necessary to the
City for the purposes of conducting an audit or for the purpose of reviewing the
Society's performance of the terms of this Agreement. Such audit or review shall
be conducted during normal business hours of the. Society and conducted on the
Society's premises.
d. The City may cause an independent audit to be performed by a competent
external auditor at the sole cost of the City. The auditor shall perform an audit of
the Society to determine its compliance with the terms of the Agreement.
e. The Society shall cause an independent accounting audit to be performed by a
certified public accountant on an annual basis at the sole cost to the Society. A
copy of the audit will be available to the City in the first quarter of the calendar
year. The Society agrees to make its financial and/or statistical records available
when necessary to the City for the purpose of reviewing the Society's
performance of the terms of this agreement. Such audit will be conducted during
normal business hours of the Society, conducted on the Society's premises, and
will be at the sole cost of the City.
f. While the Society is responsible for all recruitment and personnel selection
processes, the Society agrees to provide Police Services with a list of
candidates, and their resumes, for the position of Executive Director. Police
Services shall be allowed to provide reasonable input into the selection of each
newly appointed Executive Director. Such input may include participation in
interview processes.
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IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day
and year written below.
THE CITY OF FORT COLLINS
A Municipal Corporation
By: O"Q q• 1-.O L
John F. rischbach, City Manager
Dated:
By:
4me,b B. O'Neill Il, CPPO, FNIGP
Dikl6tor
coof Purchasing and Risk Management
Dated: /' �2 r D 2
EST: � �
City Clerk
-• b 1 pp• •-
Mj
ATTEST:
Name:
Title: T�lf �i row
THE LARIMER HUMANE SOCIETY
A Colorado Non-profit Corporation
Chairman of the Board
Vw� I -2
11
OCT 15 2002 15:36 FR TO 2216707
CORD
CERTIFICATE OF LIABILITY INSURANCI
Brown 6 Brown Inc - Ft Collins MULMcn, Inge
125 S. Hawes, 5th Floor ALTER THE CI
Fort Collins CO 80522-226
Phone:970-482-7747 Fax:970-484-4165
INSUREO INaUvIl", St
INSURER B:
Larimer Humane Society INSURER C,
Attn: Brenda
P O Box 272450 INSURER O:
Ft Collins CO 80527
INSURER E:
P.O1/O1
,I DATE IMMIDDIYY)
INSURERS AFFORDING COVERAGE
Fire :
V THE POLICIES OF INSURANCE U$TED BELOW HAVE WISH ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIE$ DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS $MOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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TYPE OF INSURANCE
POLICY NUMBER
DATEi'EPEONY�
DATE M H
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A
GENERAL LIABILITY
X COMMERCIAL GENERALUANLITY
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CK08307686
06/01/02
05/01/03
EACH OCCURRENCE
sl 000r000
FIRE DAMAGE (Any we IM)
$100 000
MEDEXP(Any we0eNOn)
551000
PERSONAL E ADV INJURY
$1r000 000
GINERALAGGREGATE
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PRODUCTS -COMPWP AGO
$1r000 000
A
AUTOMOBILE
X
LIABILITY
ANYAUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NONOWNED AUTOS
CK08307686
05/01/02
05/01/03
COMBINED SINGLE LIMIT
(El 8"WNnq
$ 1 r 000 r 000
BODILY INJURY
(Pef pm")
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$
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EXCESS LIABILITY
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DEDUCTIBLE
RETENTION S
CK08307686
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05/01/03
EACH OCCURRENCE
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AGGREGATE _
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WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
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$
E.L. DISEASE - POLICY LIMIT
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OTHER
DESCRIPTION OF OPERATIONSRMA7IDNVA NCLEVEXCLUSION3 ADDEO BY ENCORSEMENTISPECU4. PROVISIONS
Fax No, 221-6707
Certificate holder is additional insured.
CERTIFICATE HOLDER Y I AODmONALmsuRED;IHBURENLETTER! _ CANCELLATION
CITYFT7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
City of Fort Collins DATE THEREONTHE 1$$1JING INSURERWILL ENDEAVOR TO MAIL .12—DAYBWRITTEN
Attn; James O'Neil NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT, BUT CAaURET000 80 SHALL
Purchasing Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
P. O. Box 580
Fort Collins CO 80522 REPFIXORTATRrea
AGENDA ITEM SUMMARY ITEM NUMBER: 24
DATE: April 2, 2002
FORT COLLINS CITY COUNCIL Don Vagge
STAFF: Jim O'Neill
SUBJECT:
Resolution 2002-033 Approving the Purchase of Animal Control Services from the Latimer
Humane Society for 2002 and 2003 as an Exception to the Competitive Purchasing Process.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
FINANCIAL IMPACT:
The proposed 2002 contract contains a negotiated cost to the City of Fort Collins for animal
control services in the amount of $386,967, paid in monthly installments of $32,247 each. 1wthe
event that the contract is renewed for the year 2003, $523,361 will be paid in monthly
installments of $43,613 each. Funds for the contract are authorized in the 2002 budget of Police
Services.
EXECUTIVE SUMMARY:
The City of Fort Collins has contracted with the Latimer Humane Society for' animal control
services for nearly 20 years. The contract requires the Latimer Humane Society to provide a
variety of specialized equipment and personnel necessary to provide animal control services to
the City of Fort Collins; to operate a shelter facility, to provide emergency veterinary care; to
dispose of dead animals; to respond to animal -related calls for service; to enforce City
ordinances pertaining to animals; the administration of a pet licensing program and to provide
accurate quarterly reports to City staff. There is no other known organization, entity or
individual currently capable of performing these services.
The City of Fort Collins relies on the Latimer Humane Society to address animal -related issues
within the City limits and it remains dedicated to providing professional animal control services
to the City. Adoption of this Resolution will allow this contractual relationship to continue.
RESOLUTION 2002-033
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE PURCHASE OF ANIMAL CONTROL SERVICES FROM THE
LARIMER HUMANE SOCIETY FOR 2002 AND 2003
AS AN EXCEPTION TO THE COMPETITIVE PURCHASING PROCESS
WHEREAS, Section 8-161 (d)(1)(a) of the Code of the City of Fort Collins authorizes
the Purchasing Agent to negotiate the purchase of supplies and services without utilizing a
competitive bidding process where the Purchasing Agent determines that only one responsible
source exists; and
WHEREAS, the Purchasing Agent has determined that the Larimer Humane Society is
the only responsible source for adequate professional animal control enforcement, public
education, animal shelter and related care, transportation of animals, and pick up and disposal of
dead animals; and
WHEREAS, the Purchasing Agent has submitted the requisite justification for such
determination to the City Manager for approval; and
WHEREAS, the City Manager has reviewed and approved the justification for this
service; and
WHEREAS, the cost to purchase such services is $386,967 for 2002 and, if an agreement
to renew is reached, $523,361 for 2003; and
WHEREAS, Section 8-161(d)(3) of the City Code requires approval of this purchasing
method by the City Council for items costing more than One Hundred Thousand Dollars
($100,000) prior to acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Council hereby approves, as an exception to the City's competitive
purchasing process, the purchase of animal control services for 2002 and 2003 from the Larimer
Humane Society for the operation and management of the animal shelter, including the
maintenance and operation of all physical plant facilities necessary for the efficient operation of
said shelter; the provision of necessary personnel trained in the area of animal control; the
provision of uniforms to all animal control enforcement officers; and the provision of humane
and modem vehicles for the safe transportation of animals for a total payment of THREE
HUNDRED EIGHTY SIX THOUSAND NINE HUNDRED SIXTY SEVEN DOLLARS
($386,967) in 2002 and, if an agreement to renew is reached for provisions of substantially the
same services, FIVE HUNDRED TWENTY THREE THOUSAND THREE HUNDRED SIXTY
ONE DOLLARS ($523,361) in 2003, together with retained impoundment and license fees.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held
this 2nd day of April, A.D. 2002.
Mayor
ATTEST:
City Clerk
e. Employ trained personnel of the Society to perform the duties of an animal
control officer for the City as assigned and commissioned by the Chief of Police
of Fort Collins Police Services. Such personnel shall diligently enforce the
provisions of Chapter 4 of the City Code pertaining to animals and insects
according to the schedule of enforcement in paragraph 4. below and consistent
with all other terms and conditions of this Agreement. Representatives of the
Society and Police Services will meet quarterly to discuss service delivery
priorities to ensure that those services being provided meet the needs of the City.
Provide vehicles equipped with all equipment necessary for the performance of
its duties pursuant to this Agreement, including but not limited to two-way radios
sufficient to provide constant communication between the base station and
mobile station and devices necessary to capture, hold and transport animals in a
safe and humane manner.
g. Provide uniforms for the Society employees which clearly identify the Society
employees as animal control officers. Said uniforms shall be subject to approval
of the Chief of Police.
Accept applications and fees for dog and cat licenses, issue license tags and
maintain records of the same according to the ordinances of the City. The
Society shall accept applications and fees and issue tags at the animal shelter
and arrange for tags to be issued at other locations throughout the City which are
more easily accessible to city residents, such as veterinarians' offices, pet stores,
etc. In addition, the City shall continue to accept applications and fees and issue
tags at the Utility Billing Office, located at 330 S. College Avenue.
Pick up and dispose of dead animals weighing less than one hundred (100)
pounds from public areas, including, without limitation, streets and parks.
3. Commissions. The Chief of Police of the City shall authorize certain personnel of
the Society, by commission, to enforce the ordinances of the City relating to animal
control. Further, such personnel shall be authorized, by commission, to serve summons
and complaints to be filed in the Municipal Court of the City of Fort Collins. It is
specifically understood that the personnel of the Society, duly commissioned pursuant
to this Agreement, shall not be entitled to enforce any ordinance of the City other than
those provided for and authorized by the commissions issued by the Chief of Police of
the City. Any costs related to the commissions will be the responsibility of the City.
4. Schedule of Enforcement.
a. The Society shall schedule and maintain personnel to perform the duties of
animal control officers within the City of Fort Collins in accordance with the
following schedule: Monday through Friday, 8:00 A.M. - 8:00 P.M.; Saturday and
Sunday, 8:00 A.M. - 6:00 P.M. Hours of coverage may be adjusted to address
changing needs as necessary by mutual written consent of the Chief of Police
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and the Society.
b. The Society shall provide emergency services after the regular hours listed
above. The following shall constitute an emergency:
1) An injured animal. The Society will attempt to give emergency
veterinary treatment to all injured animals. Pet Animals, which in the
opinion of a veterinarian or authorized Society employee, if a
veterinarian is not available, are experiencing extreme pain or
suffering, may be disposed of immediately through euthanasia after the
Society has exhausted reasonable efforts to contact the owner,
pursuant to Sec. 35-80-106.3 of the Colorado Revised Statutes,
2) An animal acting in an aggressive manner.
3) An animal whose owner has been detained by law enforcement
officials or any governmental agency and whose welfare depends on
being placed into protective custody.
4) When other solutions can't be found, pick up domestic animals in
custody.
5) Upon approval from the Society's executive director or authorized
representative, any other situation reasonably deemed to be an
emergency by Fort Collins Police Services and reasonably related to
the services to be provided hereunder.
c. Personnel assigned to enforcement of City animal control ordinances pursuant to
this Agreement and the above schedule shall be required to remain within the
City during the assigned work schedule, only leaving the City limits when
necessary to return to the Society's animal shelter. However, such personnel
may also leave the City limits to assist with animal control emergencies occurring
within the boundaries of the City' s Urban Growth Area.
d. The Society shall be allowed to choose ten (10) days per year on which calls
relating to animal control will be handled on an emergency basis only. The
Fourth of July will not be designated as a holiday due to the many animal -related
problems that occur on that day.
5. Operation of Shelter. In operating the animal shelter for and on behalf of the
City, the Society shall:
a. Conduct the operations of said animal shelter within and upon the property
known as 6317 Kyle Avenue, Larimer County, Colorado.
b. Maintain and operate all physical plant facilities and equipment necessary for the
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efficient, effective, and humane operation of an animal shelter in compliance with
State law and ordinances of the City. The Society shall also comply with existing
administrative directives of the City and shall also comply with all future
administrative directives of the City as may be agreed to by the Society and the
City Manager, relative to animal control services and operating an animal shelter.
c. Maintain such facilities of the Society as are needed or are used in any way,
manner, or form in connection with the operation of the animal shelter in a clean,
sanitary condition.
Establish, keep and maintain a daily register of all animals impounded by the City
animal contrul officers and released from the animal shelter and a case history of
each animal impounded in and released from the animal shelter, all on forms
mutually agreeable to the parties of this Agreement. Such registry shall meet
any applicable requirements of the Code of the City of Fort Collins.
e. Provide any services, facilities, or equipment deemed necessary or appropriate
to ensure that the animal shelter shall be operated in an efficient, effective,
humane, and economical manner.
The Society shall not release or otherwise dispose of any animal impounded at
the animal shelter by the City or pursuant to City ordinances under the terms of
this Agreement unless and until all impoundment periods prescribed by the Code
of the City of Fort Collins have been satisfied, except as otherwise provided by
law, including but not limited to C.R.S 35-80-106.3, or other terms of this
agreement, including but not limited to paragraph 4.b.
g. In the event any animal is held for the purpose of observation for the presence of
rabies, the animal shall be quarantined for such time as directed by the City
animal control officer, which time shall not be less than ten (1 O) days or such
greater time as may be provided in the Code of the City of Fort Collins. Any
compensation received by the City from an owner for the holding of an animal as
provided in this paragraph shall be paid to the Society at the same time as the
monthly installments as indicated in paragraph 10.a. below.
h. No animal shall be released by the Society to its owner unless all requirements of
the Code of the City of Fort Collins, including payment of impoundment fees have
been complied with. For the purposes of this section only, acceptance of a
promissory note by the Society shall constitute payment of fees pursuant to
Section 4-140 of the Code of the City of Fort Collins. With regard to the
collection of impoundment fees only, this section is specifically not applicable to
the release of animals taken into protective custody by the Society pursuant to
the internal policies of the Society. However, since fees collected by the Society
and any promissory notes accepted by the Society in lieu of payment are applied
against costs assessed to the City for animal control services, the Society will
record which fees have been waived by the Society and all promissory notes
rd
accepted by the Society and will credit the City for the amount of those fees and
promissory notes to be applied to the subsequent year's animal control service
costs or refunded to the City in the event that the contract is not renewed.
The Society shall submit reports on a quarterly basis and an annual summary to
the Director of Finance and the Budget Director for the City, with a copy to Police
Services, at P.O. Box 580, Fort Collins, Colorado, 80522, listing the following
information in regard to the previous quarter:
1) The number of animals impounded for the City;
2)
The total number of animals impounded at the shelter;
3)
The number of impound days for all animals impounded for the City;
4)
The total number of impound days for all animals impounded in the
shelter.
pov 5)
Number of licenses issued to City residents;
6)
The number of actual hours spent by Society personnel on emergency
calls for the City;
7)
The number of animals euthanized for the City;
8)
The number of citizens participating in Society educational/outreach
programs;
9)
Average response times, priority/non-priority, for City calls;
10)
The number of City calls for service per contract year;
11)
The number of formal complaints received concerning enforcement or
other services provided by the Society under this Agreement and the
disposition of those complaints; and
12)
A quarterly financial report.
In addition, the Society shall routinely send to the City copies of all special
reports or studies which the Society provides to its members -or the public.
k. All reports referenced in paragraph 5.i. above shall be submitted no later than the
last day of the month following the end of the quarter.
Additional Duties. In addition to all of its general obligations and duties, the
Society shall:
a. Furnish, after receipt of the applicable fee and a deposit, appropriate and
available humane animal traps to residents of the City who desire them, for the
trapping of domestic animals and for trapping of small wildlife ( not including
bears, mountain lions, elk or deer) which the Society has been reasonably
deemed to present a threat to persons or property.
b. Dispose of all dead dogs, cats and other animals similar in size which may be
brought to its facilities by the residents of the City for a pre -determined fee based
on the weight of the animal. The amount of this fee shall be determined by the
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Society.
c. Respond to calls regarding livestock, remove livestock from roadways and
temporarily confine or restrain the livestock, if possible, pending action by Fort
Collins Police Services or the State Brand Inspector.
d. As needed or at the request of the City, the Society will participate in a public
meeting or meetings regarding animal control services.
Maintain for sixty (60) days following execution of the Agreement by both parties,
a procedure to review any complaints reported by citizens of Fort Collins with
respect to the services provided under this Agreement and to correct deficiencies
if the complaint is found to be valid. This procedure shall include a provision that
the complaint be reviewed by a Society employee or agent not directly involved
with the situation giving rise to the complaint and a provision for mediation by a
disinterested third party if a satisfactory resolution is not reached utilizing the
Society' s personnel.
7. Weapons. Animal control officers employed by the Society shall not carry guns,
rifles, or firearms other than tranquilizer guns, during the period when they are serving
as animal control officers in the City of Fort Collins. In the event that the animal control
officer finds that it is necessary to use a weapon to destroy a dangerous or vicious
animal, the animal control officer shall notify Fort Collins Police Services of said need it
order to allow the Police Services to respond and destroy the animal. If a tranquilizer
gun is to be used, Fort Collins Police Services shall be notified of such intention. The
tranquilizer gun shall not be used if Police Services so directs. Officers employed by
the Society are authorized to carry bite sticks and chemical agents for self-defense
against vicious animals, however, officers must receive the appropriate training in the
use of these devices prior to carrying them.
8. Communications. Communication services shall be as follows:
a. The Society shall answer all calls and be responsible for dispatching animal
control officers for such calls.
All calls received by the Poudre Emergency Communication Center during the
Society's normal business hours and all emergency calls as defined in Section
4.b. shall be referred to the Society.
c. The Society shall be responsible for the payment of all of its own costs of
. telephone services.
9. Liability Insurance & Indemnification. The Society shall carry general liability
insurance sufficient to ensure against acts or omissions of the Society, its employees
and agents, with the minimum coverage of $2,000,000 (two million dollars). In addition,
the Society shall carry auto/vehicle liability coverage with minimum limits of $2,000,000
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(two million dollars). The Society shall also provide workers compensation insurance
coverage for its employees at the limits required under Colorado law. The City shall be
named as an "Additional Insured" under such insurance coverages and the Society
shall deliver to the City one (1) copy of a certificate evidencing such required insurance
from an insurance company acceptable to the City.
The Society shall protect, indemnify, and hold harmless the City, the departments
and agencies thereof, its officers, elected and appointed, and its employees, servants,
and agents from any and every action, cause of action, claim or demand of any person,
natural or corporate, who is not a subscribing party to this Agreement resulting from or
arising out of any negligent act or omission of the Society, its officers, employees or
agents, relating to the performance of any of the obligations of this Agreement. The
Society shall not, however, be liable for the acts, claims, or demands which may arise
from the negligent acts of the City, its officers, elected or appointed, and the
departments thereof, nor for acts, claims or demands based upon the operation of the
animal shelter by the Society in compliance with instructions or orders given to the
Society by authorized agents of the City, and the City shall hold the Society harmless
therefrom to the extent permitted by law and subject to any notice requirements,
defenses, immunities, and limitations to liability that the City, and its officers and
employees, may have under the Colorado Governmental Immunity Act (Section 24-10-
101, C.R.S., et seq.) and to any other defenses, immunities, limitations to liability
available to the City and its officers and employees under the law.
10. Payment. The City agrees:
a. To pay the Society for the initial term the sum of Three Hundred Eighty Six
Thousand Nine Hundred Sixty Seven Dollars ($386,967) in twelve (12) monthly
installments. Each monthly installment during the initial term shall be in the
amount of Thirty Two Thousand Two Hundred Forty Seven Dollars and Twenty
Five Cents ($32,247.25) with each installment to be due and payable within
fifteen (15) days after the end of the month for which such installment is owing.
Said payment includes fees for shelter operation as well as enforcement and
other services provided pursuant to this Agreement.
b. In the event this agreement is renewed for the calendar year 2003 pursuant to
paragraph 1, to pay the Society for the renewal term the sum of Five Hundred
Twenty Three Thousand Three Hundred Sixty One Dollars ($523,361) in twelve
(12) monthly installments. Each monthly installment during the renewal term
shall be in the amount of Forty Three Thousand Six Hundred Thirteen Dollars
and Forty Two Cents ($43,613.42) with each installment to be due and payable
within fifteen (15) days after the end of the month for which such installment is
owing. Said payment includes fees for shelter operation as well as enforcement
and other services provided pursuant to this Agreement.
c. To allow the Society to retain the impoundment fees collected by the Society
pursuant to paragraph 11. of this Agreement. All fees collected shall be applied
toward the costs charged to the City for animal control services.
d. To allow the Society to retain license fees collected by the Society or the City
pursuant to paragraph 2.h. of this Agreement. Payment by the City to the
Society of license fees collected by the City shall be made at the same time as
the monthly installments are made as indicated in paragraph 10.a. above. Each
such monthly payment shall include all fees collected by the City during the
preceding month. License fee revenues shall be used by the Society for paying
costs incurred by the Society as a result of this Agreement, including costs of
animal control services, veterinary care of unclaimed City animals, public
education of City residents relating to responsible animal ownership, training of
the Society's employees, costs of operating the licensing program, and any other
costs incurred by the Society as a result of this Agreement.
e. It is specifically agreed and understood between the parties that any fines
collected by the Municipal Court of the City of Fort Collins as a result of any
criminal violation shall be retained by the City.
It is specifically recognized that the Society shall allow the City to recoup any
payments for services rendered pursuant to this agreement if the yearly cost to
the Society in performing such services is less than the yearly payments received
for said services from the City. The recoupment shall be applied as a credit for
future services by the Society and shall be applied to the subsequent year's
animal control service costs or refunded to the City in the event that the contract
is not renewed.
11. Charges. The Society shall charge and collect all impoundment fees set forth
from time to time in the Code of the City of Fort Collins. All such fees collected by the
Society shall be accounted for at the time of submitting the quarterly reports required by
paragraph 5.i. above.
12. Conditions of the Agreement. It is further agreed, by and between the City and
the Society, as follows:
a. That, in entering into this Agreement, neither the Society nor its officers and
employees acquire any status, rights, or benefits of an employee of the City, it
being expressly understood and agreed that the Society shall perform all
undertakings and professional services herein prescribed and contemplated as
an independent contractor.
b. That the Society shall neither assign any of the rights nor delegate any of the
duties imposed upon it under the provisions of this Agreement without having first
obtained the written permission of the City.
c. That this Agreement may not be enlarged, modified, or altered, except in writing,
signed by the parties as an amendment hereto.
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d. That no waiver of any breach of this Agreement shall be held or construed to be
a waiver of any subsequent breach thereof.
e. That the only expenditures to be made by the City under and by virtue of this
Agreement shall be the payments, charges and fees specifically provided for
herein.
That the Society shall, when appropriate, write and/or serve legal process upon
persons desiring to reclaim animals.
g. That the payment of salaries and benefits of personnel employed by the Society
as animal control officers shall be the sole responsibility of the Society. Further, i
is specifically understood and agreed by the Society and the City that personnel
employed by the Society as animal control officers are not employees of the City
and are not entitled to any status, rights or benefits to which employees of the
City are entitled.
h. That all complaints received by the City will be immediately forwarded to the
Society for resolution through the Society's citizen complaint process.
i. This Agreement and the obligations of the City hereunder are expressly
contingent upon adequate funds being budgeted and appropriated therefore by
the Fort Collins City Council.
j. To allow for sufficient planning for the provision of animal control services, not
later than May 1, 2002 representatives of the Society, duly authorized by the
Society's Board to negotiate for the Society, and the City Manager, or the City
Manager's designee duly authorized by the City Manager to negotiate, shall meet
to discuss renewal or non -renewal of the Contract, or entering into a new
contract, for animal control services beyond the initial term.
k. If, in any year, the parties are unable to reach an agreement for the next year by
the end of the year covered by this Agreement or a renewal Agreement, or if
contractual arrangements with a different animal control provider are not finalized
by the end of the year covered by the Agreement or a renewal Agreement, then
the City shall pay to the Humane Society a monthly fee equal to the current
monthly rate plus 3 percent of such rate per month for the three month automatic
extension period.
That if either party materially breaches any provision of this Agreement, the non -
breaching party shall provide to the breaching party notice of such breach and
further provide to the breaching party a reasonable opportunity to correct the
breach. If the breach is not corrected within thirty (30) days or such longer period
of time as may be reasonable under the circumstances, the non -breaching party
may terminate this Agreement upon notice to the breaching party. In any suit
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