HomeMy WebLinkAbout1991 Ordinance No. 017~ /a/
BY l\tm-lORITY
CIIDINANCE 00. 4
SERIES OF 1991
CCXJNCIL BILL 110 . 8
lNI'ROOUCED BY COUNCIL
MEMBER HI\BENIOIT
I\N ORDINANCE I\PPROVD~ I\N Il1l'ERGOVERNMEl-rrl\L I\GRID!ENI' BE:fl-lEEN THE COLORI\OO
H\.1'11\NE SOCIE.TY I\ND THE CITY OF ENGLEl·aJD cnlCERNING 111E EllGLB·aJD I\IID-11\L
SHCLTER BEIN; OPERATED BY THE COLORI\DO IU·II\NE SOCIE.TY.
l·IHl:l!F.AS, an Agreement shall be e11tered into l:7j and between the
Colorado fiUMne Society and the City of Englewood whereby the Colo rado
llllnane Society will operate the Englewood Animal Shelter facility and
program; and
WHEREAS , the Co).oraoo Humane Society has the desire and expertise to
operate six:h a facility and program ; and
NHEREI\S , the Animal Shelter will be cpen 6 days a week for 4 7 hours a
1.01, 'l'HEPEFCIIB, BE IT C1\DAINED BY THE CITY CXXJNCIL CF THE CITY CF
ENiLES-10.'lD, OlLCJWlO, AS FOLUJ95:
Section 1. 'llle City of Englewood shall have the authority to enter
into an !lgre!!lnent >mich catpl.les with the provisions set forth generally as
follows:
I\. 'Ille City shall l ease the Eng lewood Animal Shelter located at 2760
South Platte River Drive to the Colorado llmiane Society at a
lease rate of $1.00 per year. nie Animal Shelter shall be used
ar..l occupied exclusively as an animal shelt er facility for the
C.:1ty of E}iglewood and oth..r municipalities or entities for a a
peri od o f ti1re oo l onger than the term of the Agreement. 'llle
facility shall be cp,rated in accordance with all appropriat<i
state, city and other applicable laws and regulations. 'llle City
shall furnish to the Colorado 111.m,ane Society, upon request copies
of any and all r elevant laws, regulations and ordinances and
shall provide in writing those City practices which relate to its
animal shel ter activ ities .
'llle City ackncA.ll edges and agrees that the Contract o r has the
right t o contract with other municipalities and entit ies to
provide an imal shel ter services for then at this ani.rial shelter
faci lity . Ho.,ever, the City of Engle,uod shall have f irst
prior i t y in the event the animal shelter facility is full.
'llle Contractor has the right to set its o.n fees with regard o
the operat ion o f t he an imal shelter f acilit y and to receive all
fees an d other r evenues derived fran i ts operation .
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B. ~IPMINI': The Ci t y shall provide t o the Contractor the use in
TMintaining the f aci lity all the equiµrent presently used by the
City for its animal shelter services . The Contractor shall have
the right to use this equi µrent, or any o the r equi i:rnent purchased
by the City for use in the animal shel ter facility , duri ng the
term o the Agreerrent. Upon expir ation or termination of the
Agreement , the use of a ll such equiµre nt shal l revert to the
City.
c . OID-11'.l"aUUM : The Contract.or shall have the righ t to use the
crematorium located at the facil i t y and s hall be responsibl e f or
the utility charges associated with its use of the crematorium.
Both parti es agree that the Englewood Police Departrrent s hall
have the r ight to use the crematorium for periodic drug burns to
be perforrred at nutuall y agreed-upon tilres an d upon twenty-four
hours writ ten ootice to the Contractor . The (;ity s hall be
respons ible for the utility charges associated wi th i ts use of
the cremat orium.
D. 0 -ffi:RSHIP : The City of f)ig lewood currently awns and shall
continue to awn the animal shelter facility itself, all the
equiprent for use in the aniJl\al shelter facil ty and the
crematorium l oca t ed at the animal shelter facility.
E. EXPDISES <6 OPEllATIOl : The COntractor shall be reaponsible for
and shall pay tfuse expenses of q,eratioo as set forth.
The ContrllCtor shall be responsible for oormal maintenance of the
facility , the grounds, and the equiµrent in order to keep such in
reaaonable repair. 'lll i s includes such repair and replacerent of
the faci lity or the equii;:nent ~ch is neceasi tated by normal
wear and t e ar, except for arrJ major repair or repl&.-e,,,..nt caused
by normal wear and tear as set forth .
The City shall be responsibl e for &.y major repair or replacement
of the fac i lity or the equiµrent, even if such r epair or
replacment is necessi tated through normal wear an d t ear . lllis
inc l udes but is oot limit ed to, res~nsibi lity for the buil ding
i t self, the ,iluntiing system, the electrical system , and the major
equiµ;-ent, including but oot limit ed to to such items as the
"Eotsy" machine . The Contractor shall rr' ->e responsible for any
such major repair or replac:erren': unless such is necessitated
through its gross negligence. llle Contractor shall not i fy t he
Citv in wr iting when , in its cpinion, a need e xists for major
rei,a.i_r or replacerent .
The City shal l have the right , upon twenty-four hours written
notice t o the Contractor, t o enter and inspect the facility and
the equiµrent and to make any repair or replacerent which it may
deem necessary. In the event, the City deems such a repair or
replacement is the r esponsibility of the Contractor and so
desires to charge t.'le Contr actor , the City and the Contractor
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shall agree upon such repair or replacment in writing t:efor e
suc h is performed.
SO)PE OF SERVICF.S: The Contractor shall provide the City with
the following services in additi on to those listed e lsewhere in
the Agreemant:
1. 11eceive and house all animals brought to t he animal she~ter
facility by Englewood Animal Control Offic ers , Englewood
Police Officers , or other autho ri zed City staff.
2 . Abide by All City regu at ions, ordinances, or policies
relating t o the acquisiti on , main t enance, and disposition of
animals in its care .
3. Provide Engl~ Animal Control Ofiicers, Police Officers,
or other designated City s taff wit!-. a rreans of access to the
animal shelter f acilit y during non-business rours.
G. !WICIPAL REX:;ULATICNS: The Contractor shall enforce and perform
any and all animal regulatory funct ions as r equired or permitted
by state, city or other regulation ur ordinance, which functions
relate to animal hoosing or shelter services. The City shall
provice the Contractor writ ten copies of all City regulations,
ordinances, or policies relating to tjle acquisition, maintenance ,
and disposition of anirnals. In the event t.'lat the City desires
that the Contractor perform additiona1 regulatory functions , such
a ; animal cx,ntrol functions, this request shall be set forth in
writing, signed by both parties, and attached to the Agreerrent .
H. ~"rP,ND.I\IUlS CE OPERATICN: In addit ion to enforcing all regulatory
functio ns as specified above, the Contractor shall maintain and
operate the animal shelter fac ility in accordance with
regulations established by the Coloradc Departrrent of Health
pursuant to Title 25, !\rtic le 4 , Part 1101 , et . seq. C.R.S . 1973.
These regulations establish standards relating to the physical
facilities, animal enclosures, sanitation , and the care arid
handling of animals .
I. IIXJRS OF OPERAT I ON : The Contractor shall keep the fac ility open
to the public during the following hcurs , except for major
holidays:
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Monday-Friday 10:00 A .M. -6:00 P .M.
Saturday ............. 10:00 A.M . -5 :00 F .!·\.
Sunday . • . . . . . . . . . . . . . Closed
:-!ajar holidays inclU<1e New Year's Day , Memorial Day, Fourth of
uly I Labor Day, Thar ksgiving , and Orrist..iias Day .
I!JSUAAJ:lCE : During the term of the Agreerent, the Contr actor
shall maintain the follJ .inq t ypes and amounts o f insura'lCe .
Such insurance shall name the City as an adcii tional insured :
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l. Carprehensi ve General Liability Insurance in an arount of not
less than $500,000.00 cari::>ined single limit.
2. l:)Tployee Liability and l'brkrren' s Corpensation whic h shall
provi de protection against any and all claims resulting fran
injuries to or death of any of the Contractor 's atployees .
Any deductible under any of the above described ins urance
policies shall be paid by the contractor .
nie Contractor shall provide the City with such Certi ficate ( s) of
Insurance evidencing CCITt)liance with the above provisions no
later than thirty (30) days after the execution date of the
Agreerent .
nie City shall demonstrate to the satisfaction of the Contractor
that adequate self-insurance is provided for preperty and general
liability damage . Participatio n is the Colorado
Intergoverment al Risk Sharing l\gency (CIRS1\) s hall be deemed
satisfactory self-insurance. nie City shall provide the
Contractor with such Certificate(s) of Insurance evidencing
ca,pliance with the!!e prc111isions no later than thirty days after
the execution date of ~ Agreement.
K. REXXR>Si\NDREPCR!'S:
l. 'the o:ntractor shall r:iaintain records of all animals it A
handles in the perfonnance of the llgreenent. SUch records ·· -
shall contain the Mllowing information: type of animal,
sex, breed, color, disposition by the Con tract or, and any
additional infonnation required by the City. A sum,ary of
this infonnation shall be provided to the Ci ty on a m:inthly
basis en approved fonns at the san-e tine that the rronthly
billing is sul:Jnitted . Records of vicious an imals and oog
bite incidents shall also be sent to the appropriate
governnental authorities.
nie Contractor shall maintain CXJnl)lete and accurate records
concerning the revenues in derives during the performance of
the !\grement fran the operation of the animal shc,lter
facility. SUch revenues shall include a~tion fees, reclaim
(by owner ) fees, and donations fran the Cit y, as well as such
revenues collected fran other nunicipalities or entities .
2. REP<Rl'S: Upon wri tten request by the City, the Contractor
shall provide the City a quarterly performance report that
includes the following:
a . The Co ntractor's activities for the previous quarter, wit.h
e!l1JMSis on problem areas .
b . \'lhether or not any changes in policy will cccur.
c. Recamendations concerning fees, licenses, and an imal
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requl11tory laws .
d . Any reca.rrendatlo ns or information related t o animal
control in the City which are in the best inte rest o f the
City o r which may be request e d by the City.
e. A financial statement of q:,erations of the animal shelter
facility in accordance with a format to be dete rmined by
the City.
In the event such a quarterly report is sul::rn.itte d to the City,
the Contract or shall be available at any reasonable ti.ms t o
discuss san-e with the Contract Adninistrator or his designee .
VEI'ERINi\RY AND REIATEil Ml:DICAL CARE: The Contractor shall
provide maintenance-level veterinary and related rredical care for
sick or injured animals brought to the animal shelter facility
and to those which becare s ick during irrpoundtent. I f an animal
is reclailred by its owner, t.>ien such Ow!ler shall be responsible
for all veterinary and related rredical costs.
CXllFIDENI'IALITY: The contractor shall, to the extent pennitted
'-,y law, keep all infonnation which it receives concerning
cn1l)laints, narres, addresses , and telephone nurri>ers of
CC111?lainants and witnesses, anc' the naires, addresses, and
telephone nmbers of o..ners confidential . The Contractor shall ,
to the greatest extent possible, protect an individual• s right of
privacy and shall not circulate or pennit the circulation of this
inf0t111ation for cxmr,ercial purposes or other purposes oot related
to the duties undertaken in this Agreeirent. The Contractor is
not prevented, hcMever, fran releasing that infomation which may
be necessary for the locat ion of an animal's =er or the gaining
of consent for medical treatrrent. The Contractor may also use
that information it considers necessary or proper in and for its
fund raising activities .
Nrn-DI SC:RlHINATIOO: During the performance of this Agreer.ent ,
the Contractor shall oot discriminate oo the basis o f race,
color, sex, religion, national origin, creed , marital status ,
age, or the presence of any sensory , rrental , or physical handicap
i n arployrrent or awlica tion for arpl oy.rent, provided tha t tlie
applicant is able to perform the required duties, or i n the
adninistration o r delivery of services , or any other benefits
under the Agreai-ent. The Contract or shall CCJll'lY wi th all
a p;,licable federal, s tate , city , and ot her l aws, r egul ations, or
executive orders.
PROHIBITED TRANSP...'"TIOO : The Contractor shall not give 01 sell
any anunal for research p urposes .
RE ,IJRN -'IO-O•INJ:R POLlCY : The Contr actor shall maintain " ;x,llcv
,;elating to the return to Ow11ers of : heir animals <nr. shall ma.~e
every reason~'>l e effort to insure that as many an ir. ··ls as
possible are se, returned .
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s=Im 2
CIT\' OBLIGI\TICNS
A. CO·!l'EllSATICN /l•OmlLY PAYMENl'S: In consideration o f the services
to be performed by the COlorado Humane Society under this
Agreement, the City shall pay the sum of Twenty-Four Thousand
Four Hun dred Seventy-Five Dollars ($24 ,4 75.00 ) per year, payable
in r,onthly installJTent s of '1wo '111ousand '111irty-Nine ($2 ,03 9 .58 ).
'111i s rnte shal l be l.Il effect fran ____ , 19 _ through
-----· 19_.
During th€! balance of the term of this Agreec,ent , i.e., fran
January 1, 1992 through Decemier 31, 1995 , t ·,,., City and the
Colorado Humane Society shall adjust the rak of carpensation en
an annual basis. 'l11e arrount of adjustmmt !.'iall be the sarre as
the percentage change in the Consurrer Price !ndex-U for the
Denver rretrq,oli tan area for the prior calendar year.
llowever, in oo case shall the adjustment be less than zero
percent (~) or rrore than seven percent (7',). If the CPI-U for
the Denver rretrq:x,li tan area is oot available at the outset of
the calendar year, t.he City shall continue to pay the contractor
at the rate set forth for the prior year . At such tine as the
rate adjustment is calculated, the City sh..ul pay the contractor
the difference bet\.leen the new rate and the :rate set for the
prior year retroactive tb January 1st of that calendar year. A
!:aid retroactive payrrent shall be due in full at the next regular W
rrcnthly payn-ent date after the new rate is set.
B. t-mrl!LY BIILnr:;5: 'l11e Contractor shall sumti.t billings to the
City by the end of each m:mth for that rrcnth • s ca,pensation .
Each rronthly payrrent shall be due en the twentieth day of the
succeeding rronth. A lat e charge of t"'6lty-five percent shall be
assessed against any payrrent received after the twentieth day of
the rronth.
C. REVENUES: All revenue collected by the Contractor fran
adq,tions, reclaim fees, o r donations, 1onether fran the City or
other l!llllic"palities or • 1tities, shall accrue to and becate the
prq:,erty o f the Con tractor. All coart fines shall beccma the
prq:,erty o f the City.
D. .l\.~I?-ll\L a:Nl'ROL: The City is res;,onsible for all animal control
serv!ces within its City limits. SUbject to Section 1, Paragraph
G, ii, the event the City desires that the Contractor issue
citations at the animal shelter facil i ty for violations of
applicable l aws, regulations, or ordina~ces, the City shall take
;,,-,atever act ion is necessary to insure t.'lat the Con tractor is
legally ~ed to perform such a duty and to train the
Cnntractor' s mployees in the perfonnance of such a service .
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E. ca= All>llll!STRATOR: The City appoints the Directo r of
CCJmrunity Develcµnent as t he Ci ty Official responsible for the
aanini stration of this Agreerrent. All reports, recamendations ,
and other corre spondenc e shall be directed t o said Director. The
Contractor's ~ecutive or Acting Director shall act as the
Contractor's liaison with the City .
F. AN!'I-Y.ICKBACK: No officer or mployee o f the City having the
po.er or the duty to perfonn an official act or action related to
the Agreenent shall have or acquire any interest in the Agreenent
or have solic ited, accepted, or grant ed a present or future gift,
favor , servi c e , o r other thing of value £ran or to any person
involved in the Agreerrent.
SEX:'l'IOI 3
TERM OF AGRID!Elll' l\ND TE»!INATIO l
A. TERM OF l\GREEMENI': The Agreement shall be f or a tern, of f ive
years, camencing en .-------' 19 _ and terminatinc:: en ________ , 19_.
In the event sufficient funds shall not be apprq,ri ated by the
City for the payment of CXJTpensation/ncnthly payments, and if the
City has ro funds available for ca,pensation/rronthly payments
frcn any othe.r sources, the City may terminate the J\greerrent upon
providing written ootice to the contractor within thirty days
fran the date of the adoption of the next fiscal yea.r's
apprq,riation 01·dinance. There shall, lr:w!ver , be a sixty day
transition peri od, beginning fran the date of the receipt of the
termination ootice by the Co ntractor , during which period the
Contractor shall continue to provi de those services as provided
in the J\greerrent and the City shall continue t:, make paymen ts as
provided herein. Upon thP. expiration of this sixty day
transition period, the Contractor shall rot be cbligated to
provi de any further services as provided in the Agreenent an d the
City s hall rot be obligated to make any f urther payments as
providerl herein , except, however, that ca,pensation for services
which occurred pri or to the end o f the sixty day transition
period shall be made .
B. =iINATI OO OF /IGRID·IENT BY l\CTIO OF PAR'UES: Ei ther pa.rty
shall have the ri<jht to telminate the J\grement with or without
c a use at any tire during the tenn hereof by providing the other
party ninety days ,.-ritten notice to that effoct .
c. n,e City has ootsta'!ding Contracts for u se of the Ani,r,al Shelter
by other gave 'Tlll'f!ntal entit i e s . I t is a'!ticipatec t hat these
;..g::-ce,,-ents wi 1 be terminated as soon as reasonab y possibl e the
ar,i.'Mls hoosec under these .~gr eenents _ 1all be considered City of
=)-)gle.ood animals .
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SECTial 4
AOOITiaW. Pl10VISIOOS AND OIJLIGATIOJS
A. IlIDEPEIIDEITr COmACl'OR: All services perfomed by the Contractor
under the Agreerent are done as an independent contractor and not
a s an enpl oyee of the City .
B. INDEMUFICATial: To the extent permitted bY law , each party
shall indsnnify and hold harmless the other party against any and
all claim;, denands , losses, and liabilities and fran any debt ,
obligation , payment , collection cost , j udgrrent, court order ,
=t cost, interest, penalty, or expense of any kind or nature
in connection with that party's act or anission arising directly
or indirectly as a consequence of the Agreement.
c. P!lllLIC REIATIOJS: The City and the Contractor shall exercise good faith :u, dealing with each other .
!). mrIRE l\GREEl:Elrr/!OJIFICATIOl: The Agreement constitutes the
entire Agreement of the parties with respect to the subj ect
matter. All prior and contenp,raneous negotiations and
understandings between the parties are entxxlifld in the
Agreel1ent, and it supersedes all prier agreerients and
understandings bet.-n the parties hereto relating to the subject
matter hereof.
tic alteration or other modification of the J\grE!E!!mnt shall be
effective unless such modification shall be in writing and signed
bY the parties .
E. SEVERABILITI: In the event any portion of the Agreerent shoo.ld
beocxre invalid, the remainder of the Agreerent shall remain in
full force and effect .
F. BilIDillG EFFEX:I : The P.greement shall be governed by and construed
:u, accordance with the laws of the St.ate of Coloraoo. This
Agreement shall inure to the benefit of, and be binding upon , t.'ie
successors in interest of the respective parties.
G. ASSIQlABILITY: The Agreement may only be assigned with the
express written consent of the non -assigning party .
H. DISPUI'ES: Venue f o r any litigation to enforce or construe this
Agreerent shall be in Ara p ahoe County , Co l or ado . In the event of
litigation to enforce oc construe this Agreerent, the prevailing
party shall be entitled to all reasonable costs and expenses ,
including attorneys' fees , .... nether o r not the matter pr eeC.s to
judgirent.
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I. NOl'ICE: Any notice required um:ler the termS of this /\grearent
shall be deemed delivered and recei ved when delivered in person
or when deposited as certified or registered mail, return receipt
r equested, to the parties at the addresses listed at t.>ie
begiMing of the Agreerrent.
Introduced , read in full, and passed on first reading oo the 4th day
of March, 1991.
Published as a Bill for an Ordinance oo the 7th day of !larch , 1991.
Read by title and passed on final reading oo the 18th day of I-larch,
1991.
Published by title as Ordinance No . /.1 , Series of 1991, on the 21st
day of ~larch, 1991.
I, Patricia H. Crew, City Clerk of the City of Engl ewood, Color ado,
hereby certify that the aboVe and foregoing is a true ~ o f the Ordinance
passed on final reading and published as Ordinance No. LL, Series of 1991. ,•, # ~ :.-t tf-
Patr c:ia H. c.ro.,
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JO..>W,!l\I., HOUSING SERVICE.S l\GREEMEl~
This Agreerrent is entered this cay of ~~......----• 19 _, by
and between the CITY OF ~, a c:oiorado men1cipal corporation , 3400
Sout.'1 Elati Street, Cnglewood , Colorado, 80110, (the "Ci ty"), and THE
COLORAOO HU!II\NE SCCIET'i & s.P .C.A., DIC., a Colorado non• refit corporation,
11490 York Street, Thornton , Colorado, 80233 , (the "Contractor"}.
JUX:ITALS
l. The City desires to contract with the Contractor to operate i ts animal
shelter facil ity and program.
2. 'nle Contactor has the desire and the expertise to operate such a
facility and !)rogram.
In consideration of the m.,tual covenants and pranises of the parties
liereto, tlle City and the contractor covenant and agree as follaws:
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o:Nl'RAC'rol SERVICES AND Cl!LIGATICNS
A. FACILITY. 'nle City herein leases to the Contractor the Englewood
iii'iimarshelter facility located at 2760 South Platte River Drive,
Englewood, Colorado, at a lease rate of $1.00 per year. 'nle
facility shall be used and occupied exclusively as an animal
shelter facility for the City of Englewood and other
rrunicipalities or entities for a a period of tine no longer than
the term of the Agreenent. Such facility shall be operated in
accordance with all apprO!)riate State, Ci ty and other applicable
laws and regulations. The City shall furnish to the Contractor,
upon request, CO!)i es of any and all relevant laws, regulations
and ordinances and shall !)rovide in writing those City practices
which relate to its animal shelter activities.
B.
The City herein acknowledges and agre~s that the Contractor has
the right to contract with other rrunicipalities and entitie s to
orovide anim!l shelter services for them at this anim!l shelter
facility . Ho.mrer, the City of Engle-wood shall have first (1st )
!)riori ty in the event the a,,imal shelter facility is full.
The City :urt.'ier acknow l<,dges an J agrees that the Con tractor has
the right to set i ts O.'l"I f ees with regard to the operation of
the animal shelter facilitv and to receive all fee s and other
revenues der ived f ran its ~rat ion .
!'Xl(JIPMEl\'T: The City shal l provide t.o the Contractor for i ts use
in maintaining the facility all the equiprent presently used by
the City for i ts animal shelter services, which equiprent is
described in Exhibit A, Attached hereto and incorporated herein
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by reference. The equi..,-ent shall be delivered to the Contractor
in good, -.orking order. The contractor shall have the right to
use this equiprent, or any ot.'ler equirr,ent p.irchased by the City
for use in the animal shelter :acility, chl=ing the term of the
Agreer.ent. Upon e.'<Piration or termination of the Agrement, the
use of all such eciuip:rent shall revert to the City.
C. C!\E!-t"1'0Ril.M: In addition to the facility and the equiµrent as
prev1ousl y described, the Con tractor shall h!lve the right to use
the crematorium located at th.? facility and shall be responsible
for the ut ilit1 charges associated wit.Ii its use of the
crm.atoriw.1.
Both parties agree that the Engle1·100d Police Departrrent shall
have t.>ie right to uru the crematorium for periodic drug burns to
be performed at rrutua l.ly ~~eed-upon ti:res and q:,on twenty-four
(24) •"' written no , i > t the Contractor. The City shall be
responsibl" for the u• ;1st/ charges associated with its use of
the crematorium.
D. CHlERSIIIP: Both parties ackrolledg,:, and agree that the City of
Englewood currently owns and shall oontinue to °""' the animal
shelter facility itaelf , nll t he eiquipr!l!llt describeci in Exhibit A
or any other equl.j:ltlmt p.irc:hased by the City for use in the
aniMl ahelter facility and the cnsnatori\111 located !t the "1limal
shelter facility .
E. 1 •. PENSE$ CF Ci'EllATICN: '!he Contractor shall be responsible for --
an ' shall pay those expenses of operation as .,et forth in Exhibit
B, attachf:d hereto nnd incorporated herein by r-!f".J:el!Ce .
The Contractor shall be respons'J:>le for oonnal maintenance of the
facility, the grounds, and the equiµnent in order tc, keep such in
reasonable repair. This inclu~s sur.h repair and replacer.ent of
the facility or tr ... equiµrent which is necessitated by normal
wear and tear, except !or nny major repair or replacer.-ent caused
by normal wear and tear as !let forth imrediately below.
The City shall be responsible for any major repair or replacement
of the facility or the equipnent, even if such repair or
replacerent is necessitated through normal wear and tear . This
includes but is not limited to, responsibility for the b.>.ilding
itself, the pl\Illbing system, t.>ie electrical sys tem , and the major
equi;:xrent , including but not Hr.rited to to such items as the
"Hotsy" machine. The Contractor shall not be responsible for any
such major repair o r replacement unless such is necessitated
thrOU<Jh its gross negligence. The Contractor shall notify the
City in writing when, in its o;,inion, a need exists for rraj or
repair or replaceme.nt.
The City shall have the right, upon t,.""ty-four hours written
notice to the contractor, to enter and inspect the facility and
the equiµre nt and to make any repair or repl acement which it may
-2 -
deem necessary . In the event, the City deans such a re;,a.ir or
r e;,lace-rent is t.',e responsibil i ty of the contractor and so
clesires to charge the Contr3ctor , the City and the Contra ctor
shall a gree u;xm such re;,,:ir or replacerent in writing before
such i s perforr.cd.
F. SCOPE Of SERVICES: The Contractor shall provicle the City with
the folloong services in addition to those listed elsewhere in
the l\greerent:
1. Rece i ve and house all an irnals ~ought to t."le anirnal shelter
facility by Englewood Anirnal Control Of ficers, Englewood
Police Officers , or ot."ler a uthorized City staff .
2. J\bide by all City r egulations, ordi.n=es, or policies
relating to the acquisition, maintenance, and disposition of
animals in its care.
3. Provide Englewood /\nirnal Control Officers, Police Officers,
or other designated City staff with a rreans of access to the
animal shelter fac ility during non-busir2sa. hours.
G. MUNICIPAL REXlUU.TICJIS : The contractor shall enforce and perform
arr, and all animal regulatory functions as requizad or perrni tted
by state, city or other regulation ar ordinance, -.tu.ch functions
relate to animal housing or shelter services. The city shall
provide the contractor written copies of all CiL-y regulations,
orc!i.nance s, or policies relating to the acquisition , maintenance,
and disposition of animals. In the event that the City desires
that the Contractor perform additional regulatory functions, such
as animal oontrol functions, this r equest shall be set forth in
writing, signed by both ~:.,ties, and a ttached to the Agreement as
an exhibit .
H. STAN!ll\RDS CF OPERATICN: In addition to enforcing all regulatory
functions as specified above, the COntractor shall maintain and
~..rate t.lie anirnal shelter facility in acoordance with
regulations established by the Coloraoo Departrrent of Heal th
pursuant to Title 25, llrticle 4, Part 1101, et. seq. C.R.S . 197 3 .
These regulations establish standards rel a ting to the physical
f11Cil ities , animal enclosures, sanita tion, and the c are and
handling of animals.
I. HOORS OF OPERA'rICN: The contractor shall kee!' the facilit.y open
to the public curing the follo.-ing hcurs, excep t for ma jor
holidays:
t•bnday-friday 10:00 A.M . -6:00 P .M.
Saturday ............ 10:00 .~.M. -5 :00 P.M.
SUnday . . . . . . . . . . . . . . . Closed
Ma jor holid;lys include flew Year 's Day, Mem:,rial Day, Fourth of
July, Labor Day, Thanksgivi ng , and Otristmas Day.
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J. n:SURA.>a: Ourin,; t.'ic t u.nn of the l\gree:rent, the Contracto r
~h all maintain the ol.•.:•-:ing types and arrounts of insurance.
Suc h insuranc e s hall ,,arre the Cit y as an additional insured:
l. Co;nr e.'iensive Gen era l Li abili t ~· I nsurance in an a,count of no t
l ess t.>i an $500 ,000 .00 c cr.bin, d d ngle l imit.
2 . Drployee Liability and 1·1::>rlaren ' s LJlt'Cllsat i on which shall
provide pr otection ag,.unst any and all claims res ulting trcrn
L~j uries to or c'eath o f any of the Contr, ~t or's Stpl oyees.
l\ny deductihle under any of the above described insur ce
policies shall be paid by t';e oontractor .
The Contractor s hal l provide the City with such Certificat e(s) of
Insurance evidencing cm. H ance with the above provisions no
later t.>ian thirty ( 30 ) days after the executicn date of the
l\g.ceerrent.
The City shall dem:rlstrate to the s,itisfaction of the Contractor
that adequat~ self-insurance is prCllided for pro._:,rty and general
liability da111age . Participatio,t is the Coloraci:>
Intergo11ermuntal Risk Sharing Tq,rcy (CIRSA) shall be del....ed
satisfact.0%'J eelf-irururance. 'l1te City &hall provide the
Ccntz~,; vi.th such Certificate(&) of Insurance evidencing
caipliance with these provisians no later than thirt;, ( 30) days
after the execution date of the l\greemmt.
K . REX:XH>S /\ND REPCl!TS:
l. The Contractor shall maintain records of all animals it
har.c1l.es in the perfo.-q;,ance of the l\gresnent. SUch records
&hall oontain the following infomation: type of animal,
sex, breed, color, disposition by the Contractor, and any
additional information required by the City. I\ sunmary of
this infomation shall be provided to the City on a m:mthly
basis on approved fonns at the san-e tir.e that the rronthly
billing is sul:111i.tted. Records of vicioos animals and dog
bite incidents shall also be sent to the apprq,riate
goverm-ental a uthorities.
Th e Contractor shall r.ai.ntain CCITl)lete and a c curate r ,cords
concerning the r~venues in der ives during the per forman ce of
the Agreerent fran the q,eration of the animal shelter
fac ility. Suc!"l revenue s shall include al~tion fees, recl aim
(by o,,,-ner) fees, and oon ations fran tl:e .:ity, as well as such
revenues collected fran other rrunicipalit i es o r entities.
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2. REPORTS: Upon wr itten request by the Ci ty , the Co ntr ac t or
shall provide th,. City a qu arterly performance report that
inc l udes the follc1odng:
a. Tne Con tracto r's activit ies f o r the previous quarter , "''ith
er.;,hasia on problem areas .
b. l\"he ther or not an y chang es in policy will cx::cur.
c . Recannendatio ns concerning fees , lic enses, and animal
regulatory l aws.
d. Any reccrnrendations or inforr..ation r elate d o animal
control in the City which are in the best interest of the
City o r which may be reqaested by the City .
e. A f inancial statement of q,e.rations of the animal shelter
facility ~-: accorcance with a format to be determined by
the City.
In the event such a quarterly report is sulni.tt~ to the City,
the Contractor shall be available at any reasonabl e tilre to
discuss sarre with the Contract A<ninistrator or his designee .
L. VSI'ElUNAA.Y AllD RELATED MEDI ?.RE : '1'le Contractor shall
provide maintenance-1..wl • .Inai'y and related n-edical care for
sick or injured animals vU~ht to the animal shdter facility
and to those which becme sick during .inpounment. If an animal
is reclain-ed by its amer, then such a.mer shall be responsible
for all veterinary and r e l ated medical costs .
M. C~:::OENI'I.l\LITY : 1'le Contractor shall, to the extent pennitted
by law, keep all information 1;hlch it receives concerning
carplaints, nal!l!!s, addresses, and telephooe n\mt>e.r s of
carplainants and witnesses, and the nan-es , addresses, and
telephone mri:>ers of amers confidential. The Contractor shall,
to the greatest extent ;x,ssible , protect an individual 's right of
pri vacy and shall not circulate or permit the circulation of this
infomatio n for CCllffl!I'Cial purposes or other purposes not related
to the duties undertaken in this l\greer.ent. The Contractor is
not prevented, J-n.,ever, f rcr.i releasing that infonnation which may
be necessary for t.lie location o f an animal's a.mer or the gaining
o f consent for r.-edical treatment . The Contractor m11y also use
that infornation it considers necessary or proper in and for i ts
fund raising activities.
N, l«Y.1-DISCRI.MIN.>.TIOO: During the performance of this Agreement ,
the Con tractor shall not disc riminate ai the basis of race ,
color , sex, religion, national origin, creed, marital status,
age I or the presence of any sensory, rrent al I or phys ica l handicap
in ~loyr.ent o r application for B11)loyrren t, provided trlc:tt the
a;:r;,licant is able to per fonn the requ ireG. Cl..l t ies, or 3..a the
actni.nistration or de 1very of servi ces, or any other benefits
under the ,1\gree-ent . The Contractor s!-iall cn,;,ly wi. th all
a;,plica!:lle federal, sta~e, c1ty 1 a:,d ot."1er ·.aws, regulations, or
execut ive o rCer s .
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o. PROHIDITED TR/'115,\CTIO!l : The Cont ract o r s!iall not give or sell
any animal for rese11rch purposes .
p. ru:-ruru:-ro-a ·~n::R POL I CY: The Contractor shal 1 ma intai n a policy
rel ating to the return to °""'ers of their anilrals and s h bll make
everv reasonable effort t o insure that as rrany animals as
possible are s,:; returned.
!l.
C.
SEX:Tiotl 2
CITY OBLIG!\TI<l<S
C.UIPENSATIOO/Mllrn!LY PAYME!lTS: In consideration of the services
to be perfonred by the Coloraoo Hunane Soc iety under this
Agree:rent, the City shall pay the Sim\ of Twent y-Fo ur Tho usand
Four Hundred Seventy-Five Do llars ($24,4 75.00) per year, payable
in rronthly installltents of Tuo T!1ousand Thirty-Nine ($2,039 .58) .
'nlis rate shall be in effect fra11 ____ , 19 through
-----· 19_. -
During the balance of the term of this Agreenent, Le., fran
January 1, 1992 through December 31, 1995, the City and the
Coloraoo Humane Society shall adjust the r ate of carpensation Cll
an annual basis. nie am:,unt of adjustment shall be the sarre as
the percentage (1,) change in the ConS\m\& Price Index-U for the
Denver rretr~litan area for the ·prior calendar year .
Ho,,ever, in no case shall t.'ie adjust.'1'<!nt be less than zer-:,
percent ( 01,) or nore than seven percent ( 71,) . If the CPI-U for
t.'ie Denver ll'l!!trqx:,litan area is oot available at the outset of
the calendar year, the City s hall continue to pay the Contractor
at the rate set forth for the prior year. At such t i.ire as the
rate adj usl:m!nt is ca.lculated, the City shall pay the Contractor
the difference between the new rate and the rate set f or the
prior~ retroactive to January 1st of that calendar year.
Said retroactive payment shall be due in full at the next regular
ironthly paynent date after the !le'-' rate is set .
t-Om!LY BILLI»:iS: The Contractor shall sul:rnit billings to the
city by t.lie end of each m:mt.'1 for that m:m th' 5 cx:nq:,ensation .
Each r.onthly payrent shall ~ di.le on tie twentieth (20th) day of
the succeeding ronth. A late charge o f twenty-five percen t (251,)
shal l be assessed against any paynent recei ved afte r the
t>,entiet'i (2 0th) day o f the ronth.
REV™UES: All revenue collected by the Contractor frCJ'l
aCXJ?tions, reclaim fees , or donat i o ns, ,..,'het.her f ran t.he City o r
other municipali ties or entitie s, shall accrue to an d beccr.e the
;,roperty of t'ie Contractor. hl court f ines ,;,iall beccr.e the
;,r cr,,erty of tie City.
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D. !lllI!'."1-ccm'ROL : The City i s resp()nsible for all anir.l!ll control
s ervices withi n i t s Ci t y limits. Subject to Section l, Paragraph
G, in the event the City desires u,at the Contractor issue
citations at the animal shelter facili ty for violations o f
applicable lows , regulations, o r ordinances, the City shall take
whatever action i s necess ary to insure that the Contractor is
l egally ""l)O'.-ered t o P"-"forn s uch a cuty and to train the
Contractor's en,,loyees in the performanc e of such a service.
E. CWl'PJ\CI' P.l:tiINISTRA'TOR: The City appoints the Director of
Camunity Develcprent as the Ci t y Of ficial responsible for the
aaninistration of this l\greenent. All reports, reccmrendations,
and ot.>ier corre s;xmdence shall be directed to said Director. The
Contractor's Executive or l\Cting Director s!ull act as the
Contractor's liaison with t.'ie City .
F. l\!fl'I-J<.ICK!ll\CI(: !lo officer or ~loyee of the City having the
power or the duty to perfcmn an official act or action related to
t."le l\greenent shall have or acquire any int~est in the l\greenent
or ha,-e solicited, accepted, or granted ,1 present or future gift,
favor, service, or other thing of value £ran or to any person
involved in the l\greenent.
=rrrn 3
TERM OF l\GREEMENI' l\.'ID TERMINl\TIOO
l\. Term of l\greerent: The l\greenent shall be for a term of five (5)
years, camencing a, _______ , 19 _ and terminating a,
________ , 19_.
In the event sufficient funds shall not be appropriated by the
City for the payn-ent of ca,pensation/r.onthly pay,rents, and if the
City has no funds available for ccnpensation/monthly pay,rents
fran any other sources , the City r.ay tenninate the l\greenent upon
providing written notice to the Contractor within thirty (30)
cays £ran the cate of the adoption of the next fi scal year 's
apprq:,riation ordinance . There shall , hcrwever, be a sixty ( 60)
day transition period , beginning fran the date of th't 7"!Cei,-t of
the termination notice by t.'ie Contractor , curing wr.' .. ,: ;:eriod the
Contractor shall oontinue t o provide those services a.~ provide "l
i n t.'ie .~greer.ent a~d t.'ie City shall continue to r..a:,.e .:,ay,rents •s
pr ovided herein. ur,on the e,:piration of this sixty ( 60 l day
transition period, the Contractor shall not be c:bligated to
provide any further services as provided i:l t.>ie Agree-rent and the
City shall not be obligated to raake any further ;,aynents as
provided herein, except , ho,..1ever, that o:::ri;:,ensation fvr se..IVices
which occurred prio r to t-'i e end of the si>--t.y ( 60 ) day t.ransition
period s hru l !:<! made.
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ll. TER!IDL~TI C?-l OF AGREC·!E!•IT BY ACTIO!l OF PARTIES: Either party
shall have the right to terninate the Agreement wi th or without
cause at an y tirre during the tenn l-e reof by pr oviding the other
party ninety (90) days written notice to that <·ffi;,.,t .
c . The City has outstanding Contrac t s for use of the An imal She lter
by other governr.ental entiti es . It i s anticipat ed that thes e
.~ee:-ents will be tenninateC: as soon as reasonably possible the
animals housed under these Aqrea:ents st.all !:>e consiclered City of
Englewood a.-,' s .
'A.
a.
SEX:'l'ICN 4
I\OOIT ICNAL PROV! SION S AND OOLIG/\T I OIS
INDF.PEl\"DEtTr CQ1rRACTOR : 'All services perfonred by the Contractor
under the 'Agreement are don e as an independent contractor and not
as an enployee of the City.
INDfl,~lIFICATIC?-l: To the a -tent permitted by law, each party
shall indl!!mify and hold hailnl.ess the other party against any and
all clai.'119, demands, losses, and liabilities and fran any debt,
obligati on , payment , coliection cost, judgn-ent, court order,
court cost, intere st, penalty, or expense of. any kind or nature
in oonnection with that party 's act or anission ari sing directly
or indirectly as a consequence of the l\greenent.
c. PUBLIC RELATi ctlS: The City ,nd the Contractor shall exercise
good faith in deal ing with ea,m other.
D. ENTIRE l\GRIDl::Nr /MODIFICAT IOI: The l\greerrent constitutes the
entire 'Agreemen t of th• i;arties Hith respect to the subj ect
matter . 'All prior an d conterpornneous negotiati ons and
understandings between t.'1 e parti•,s are em!xxiled in the 'Agreement,
and it supersedes all prior agreements and underst andings between
the parti es heret o relating to the subject mat ter hereof .
No alteration or ot."ier r.odification of the Aareerrent shall be
effective unles s such r.odification s hall be in writing and signed
by the ;,arties.
r.. SEV!:"ABILITY: In t.'1 e event any portion of the Agreerent s!,ould
t>eccre invalic, the remainder of the l\gree;e,-,t shall r emain in
full force ~-,d effect.
F . ElDIDING EFTIX:'J': The 'Agreement shall be ,overned by and construed
in accor Ca,ce with t.~e la· ... ·s of th£. State o f Color ac.o. The
l\greerrent shall inure t o the benefit of, "-·' be bin.:ling upcn, the
sl.Y.:c ess o :.-s in 1...1 te.rest o f t..1--i e res pective parties.
G. ."-£SIQ..!\..'lIL!TY: 1'.1e Agr ee-ient r .ay only assigned with the
express \..T:tten cor";se nt of the non-as~igr.i.,g party.
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fl. ~: Venue for eJ1y litigation to en force or construe this
Agreement shall he in Arapahoe County, Col orado. In the event of
litigation to enforce or construe this ,l\green-ent, the prevailing
party shall be entitled to all r easonable costs and e,q,enses ,
including attorneys ' fees, whether or not the matter proceecs to
j udgrrent.
I. HCYrICE: IV!y not i c e required under the terms of this /\greerrent
siiiil'lbe deemed eelivered and received when delivered in person
or when deposited a s certified or registered mail , return receipt
requested, to the parties at the aadresses listed at the
beginning of the Agree-rent .
Dl WI'Il~S t·r!ERIDF, the City and the Contractor herein ackn=ledge
that they have culy read, understood, and oo freely an d voluntarily execute
this Agreesrent, consisting of ten (10) pages , on the day and year first
above written.
ATl'EST:
By :
Patricia H. Crow' City Clerk
APPROVED l\S TO FORM:
'"':-~--=-~~~~----Rick De\'litt, City Attorney
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CIT¥ OF !JlGID-OXl
By :--------
THE CXlI.ORAOO HU)l1\NE SOCIEI'Y
& S.P.C .A ., rnc ., a Col orado
nonprofit corporation
By:
Robert A. t·leiss , President
E.,glewood Equipment Remai ni ng at Animal Shel ter
Office
1 Desk (8 ')
1 Desk (5 ')
I Computer Table
1 Printer Table
3 Office Chairs
2 Office Stools
1 4-Drawer File Ca bine t (legal)
1 Waste Basket
2 4-Drawer Card Files (3 "x 5')
Cat Room
15 Cat Cages (2 units)
2 Trash Cans (20 gallon with lids • Cat Chow and Cat Litter)
1 Trash Can (30 gallon with lid -Trash)
Isolation
2
1
Fiberglass Rabb it Cages with base
10' water hose
Run Area
32 Stainless Steel Water buckets
1 !lot water hose -50' (red)
1 Cold water hose -50' (green)
2 Bug Zappers
Food Prep Room
2 Trash Cans (20 gallon with 1 ids --Dry Food , Puppy Chow)
1 Trash Can (5 gallon wit h lid --Rabbit Food )
1 Mop Bucket and Mop
1 Floor Squeeg ee
1 Floor Scrape r
1 55 Gallon Dr um Cadd y
Egul pment to be Sto red
1 Hot sy Pres sure Wa sher wit h hose and nozzle
1 Dog Trap
9 Cat Traps
1 Air Ken ne 1 s (Dog)
1 Air Kennel (Cat )
1 7' Control Stick
4 5' Control Sticks
1 3' Control Stick
1 4' Doggy Stretcher (for i nju r ed animals)
1 Electric Heater
1 Electric Fan
1 Sharp Calculator (05205 2)
1 25 ' 12 -3 extension cord
1 Cash Bo x
EXHIBIT 8
Colorado Humane Society and S.P.C.A., Inc . Expen ses, Englewood Shelter
Contract
I. Supplies
2. Ga s/Electric
3. Water /Sewer
4 . Off ice
5. Printing
6 . Vet Se r v i ces
7 . Trash
8 . Labor
9 . Phones
10. Edu cat i on
11. Bank Charges
12 . Insurance
13 . Uniform s
14. Re pa irs/Ha i ntenance
15 . Po s tage
16 . Payrol l Taxe s
17 . Insurance/Benefits
18 . A 11 other expenses d i rec t 1 y re 1 ated to she lter operations except as
specified in the Contract.
DATE
COUNCIL COMMUNICATION
SUBJECT Lease of Englewood
Ani m al Sheller
March 4 . 1991
AGENDA ITEM
11 a
INITIATED BY Department of Community Development
STAFF SOURCE · Richard S . Wanush , Director of Community Deve lopment
ISSUE/ACTION PROPOSED
Approve a lease of the existing Englewood Animal Shelter to The Colorado Humane Society
(CHS) and Society for the Prevention of Cruelty to Animals , Inc. (SPCA)
PREVIOUS COUNCIL ACTION
Thi s prop osal was re,1ewed with Co u ncil durtng the Dec ember 3, 1990 s tudy s ession .
STAFF ANALYSIS
Th e mai n advantages of this agreement a;-c : I) one fu ll-lime equ ivalent (FTE) staff person
would be freed up to perform other Neighborhood Semces fun ctions : 2) there would be
gr ea ter fiexlblUty In scheduling s talT; and 3) the s helter would be op en to th e p ublic six days
per week. for a total of 47 hours per week . Currently the shelter Is open for a few hours
ea ch d ay . six days per week for a total of 22 hours .
One the dcwn sld e. we curren tl y receive a p proximately $8,000 In reve n ue fr om ot h er
a,. •1 ~;e5, a nd S6 .800 for Impou nd an d main te nance fe es fr om a nim al O\\Tler s . We wou ld no
Ion :. rcccl\'e th is revenue. While we \\111 sec a net r ed ucti on In cas h re"en ue of S 15,00 0 ,
there \\ill be a corresponding In crease In code enforcemen t staffin g at approximately t\\1Ce
that va l11e .
The other main aspects of the d raft agreemen t ar e:
The contra ctor has ti" righ t to use all equ ipment current ly in the sheller . wh ich "i ll
remai n the prope rt y of the City.
Snfet y S e r\'I Ces \\111 be pe r m11terl to 11se the r re mat or lu m fo r penorl1r clrug bu ms .
The cont r r1c tor w1ll be r r~pon s 1h le fo r nll operntm e, cxpcnsrs.
The contracto r Is responsible for Insuring that a ll City regulation• arc followed .
The contractor shall maintain appropriate Insurance with the City named as an A
additional In s ured . W'
Payments lo the contractor will be made at the rate of $2,039.58 per month .
This payment would be escalated annually by the lnn a llon rate, but no more than 7%
per year.
All revenues collected by the co ntractor will become the property of the contractor.
This Agreement shall run for nve years with eith er party having the ri ght lo terminate
\\1th 90 days notice .
As you arc aware, Englewood has operated the sheller for Its own use as weli as for the use
of neighboring communities . This was done through separate agreements with each
community. With the approval of this contTact, these comftlunltles will have to contract
directly \\1th the Colorado Humane Society (CHS). Because of this, It took longer than
anticipated to nnallze this agreement.
Each community was concerned about the Increased cost to U1em . \\'e met on se,•cral
occasions with all parties to attempt to arrive at a pricing structure satisfactory to all .
Without most cveryonc·s partlctpallon, the entire structure of all the a~ccmcnts. Including
Englewood 's, would fall since the CHS would not generate enough revenue to operate the
shelter as required .
BACKGROUND
The Department of Safety Services has been researching the possibility of privatizing the
shelter since 11 was a stalTcd goal In the 1990 budget.
FINANCIAL
Excludmgstaffing, $22 ,320 Is In the 1991 budget for shelter operations. This leaves $2,155
needed lo cover 1991 expenses. This amount will be made available through the Community
Development budget.
e
Net Colt or Animal Shelter -Oper1tlon1 l>y Jurllldlctlon
In 1989
I. To tal cost of s h elter operatl_o ns $50,980
2. Costs proportioned by total animals
-Englewood (57 .2%) 29,160
-Al l Others (42 .8%1 21,819
3. :-let payment by Ju r isdiction
-Englewood 33,255
-Littleton 5,523
-Cherry Hills 1,068
Sheridan 7 ,440
-Gr eenwo,,d Village l.1 64
-Others 2,530
4 . Net cost per animal
-Englewood $33.73 --Li ttleton 2 1.57
-Cherry Hille 11.87
-S heridan 29.06
-Greenwood v,:tage 18.19