HomeMy WebLinkAbout102831 LARIMER HUMANE SOCIETY - CONTRACT - AGREEMENT MISC - LARIMER COUNTY HUMANE SOCIETY1
AMENDMENT TO AGREEMENT
THIS AMENDMENT is entered into by and between THE CITY OF FORT COLLINS,
COLORADO, a Municipal Corporation (the “City”) and THE LARIMER HUMANE SOCIETY,
a Colorado non-profit corporation (the “Society”), and shall be effective as of the date
last signed by the City;
WHEREAS, the City and the Society entered into a certain agreement
(“Agreement”) on December 12, 2009, for animal treatment and control; and
WHEREAS, Section 12c thereof states that the Agreement may not be enlarged,
modified, or altered, except in writing, signed by the parties as an amendment to the
Agreement; and
WHEREAS, the parties have regularly executed annual amendments to the
Agreement, and executed the most recent amendment on January 3, 2014, to enlarge,
modify, alter and replace portions of the Agreement; and
WHEREAS, the City and the Society wish to further modify the Agreement as
amended on January 3, 2014; and
NOW, THEREFORE, in consideration of mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which
are hereby acknowledged, the parties hereto agree to amend the terms and conditions
of the Agreement as follows:
1. That Section 10 is amended to read as follows:
Payment.
a. The City agrees:
(1) To pay the Society the total sum Eight Hundred Sixty Thousand Eight
Hundred Sixty Five Dollars ($860,865) in twelve (12) monthly payments of
$ 71,738.75 for 2014. Each monthly payment is due and payable within
fifteen (15) days after the end of the month and includes fees for shelter
operation as well as enforcement and other services provided pursuant to
this Agreement.
(2) To allow the Society to retain the impoundment fees collected by the
Society pursuant to Section 11. of this Agreement. All fees collected must
be applied toward the costs charged to the City for animal control
services.
DocuSign Envelope ID: 3EF171BE-4485-4E09-ABDC-0B8AA9E42B24
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(3) To allow the Society to retain license fees collected by the Society or the
City pursuant to paragraph 2.h. of this Agreement, as amended. Payment
by the City to the Society of license fees collected by the City will be made
at the same time as the monthly installments are made as indicated in
paragraph 10.a, as amended. Each monthly payment will include all fees
collected by the City during the preceding month. License fee revenues
will 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 animals from the City, 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.
b. The parties specifically agree and acknowledge that any fines collected by the
Municipal Court of the City of Fort Collins as a result of any citation written by
animal control officers will be retained by the City.
c. The Society specifically recognizes that the City may 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 the
services from the City. The recoupment shall be applied as a credit for future
services by the Society and will 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. All other provisions of the Agreement, as amended on January 3, 2014, shall
remain in force as executed.
[Signatures Appear on Following Page]
DocuSign Envelope ID: 3EF171BE-4485-4E09-ABDC-0B8AA9E42B24
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IN WITNESS WHEREOF, the parties have signed this Agreement the day and
year written below.
THE CITY OF FORT COLLINS
A Municipal Corporation
By:________________________________
Darin A. Atteberry, City Manager
Dated:_____________________________
By:________________________________
Gerry Paul,
Director of Purchasing and Risk Management
Dated:______________________________
ATTEST:
__________________________
City Clerk
APPROVED AS TO FORM:
__________________________
Assistant City Attorney
THE LARIMER HUMANE SOCIETY
A Colorado Non-profit Corporation
By:________________________________
Executive Director
Dated:______________________________
ATTEST:
__________________________
Director of Animal Protection and Control
DocuSign Envelope ID: 3EF171BE-4485-4E09-ABDC-0B8AA9E42B24
1/14/2014
1/18/2014
1/18/2014