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HomeMy WebLinkAbout1998 Ordinance No. 038• • • ORDINANCE NO. 3J SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING THE RENEWAL OF AN AGREEMENT WITH THE COLORADO HUMANE SOCIETY AND THE CITY OF ENGLEWOOD FOR THE LEASE OF THE ENGLEWOOD ANIMAL SHELTER. WHEREAS, the City of Englewood Animal Shelter was operated by the City of Englewood under the supervision of the Police Department until 1991 ; and WHEREAS, in 1991 Englewood's animal control was under the jurisdiction of Community Development and it was determined that contracting out the operation of the animal shelter, while retaining animal control responsibilities by the City, would be a more efficient mode of service delivery for the City; and WHEREAS , the Englewood City Council approved an Animal Housing Services Agreement with the Colorado Humane Society , Inc. by the passage of Ordinance No. 17, Series of 1991, to provide day-to-day services at the Englewood Animal Shelter and the contract expired in May of 1996; and WHEREAS , the Englewood City Council approved an Animal Housing Services Agreement by the passage of Ordinance No . 37 , Series of 1996 with the Colorado Humane Society, Inc. to provide day to day services at the Englewood Animal Shelter with the Contract expiring June 30, 1998; and WHEREAS, after researching potential contractors , the bid for services has been awarded to the Colorado Humane Society, Inc. to run the Englewood Animal Shelter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The Agreement between the Colorado Humane Society and the City of Englewood , Colora do for the lease of the Englewood Animal Shelter, attached hereto as "Exhibit A ," is hereby accepted and approved by the Englewood City Council. Section 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood , Colorado . Introduced, read in full , and passed on first reading on the 1st day of June, 1998 . -1 - Published as a Bill for an Ordinance on the 5th day of June , 1998. Read by title and passed on final reading on the 15th day of June , 1998 . Published by title as Ordinance No. 6f, Series of 1998 , on the 19th day of June , 1998 . ti.~ I , Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copzAf the Ordinance passed on final reading and published by title as Ordinance No. tif_, Series of 1998 . -2- • • • • • • ANIMAL HOUSING SERVICES AGREEMENT This Agreement is entered this 1st day of July, 1998, by and between the CITY OF ENGLEWOOD, a Colorado municipal corporation, 3400 South Elati Street, Englewood, Colorado, 80ll0, (the "City"), and THE COLORADO HUMANE SOCIETY & S.P .C.A., INC., a Colorado nonprofit corporation, ll490 York Street, Thornton, Colorado 80233, (the "Contractor"). RECITALS 1. The City desires to contract with the Contractor to operate its animal shelter facility and program. 2. The Contractor has the desire and the expertise to operate such a facility and program. In consideration of the mutual covenants and promises of the parties hereto , the City and the Contractor covenant and agree as follows: A. B . SECTION 1 CONTRACTOR SERVICES AND OBLIGATIONS FACILITY . The City herein leases to the Contractor the Englewood Animal Shelter facility located at 2760 South Platte River Drive , Englewood , Colorado, at a lease rate of $1.00 per year. The facility shall be used and occupied exclusively as an animal shelter facility for the City of Englewood and other municipalities or entities for a period of time no longer than the term of the Agreement. Such facility shall be operated in accordance with all appropriate State, City and other applicable laws and regulations. The City shall furnish to the Contractor, upon request, copies of any and all relevant laws , regulations a nd ordinances and shall provide in writing those City practices which relate to its animal s helter activities. The City herein acknowledges and agrees that the Contractor has the right to contract with other municipalities and entities to provide animal shelter services for them at this animal shelter facility. However, the City of Englewood shall have first (1st) priority in the event the animal shelter facility is full . Shelter staff shall insure that at least one dog run and one cat cage is available for animals impounded after hours on weekdays and at least two dog runs and one cat cage available for weekend use. The City further acknowledges and agrees that the Contractor has the right to set its own fees with regard to the operation of the animal shelter facility and to receive all fees and other revenues derived from its operation. EQUIPMENT. The City shall provide to the Contractor for its use in maintaining the facility all the equipment presently used by the City for its animal shelter services , which equipment is described in Exhibit A, attached hereto and incorporated herein by reference. The equipment shall be delivered to the Contractor in good , working order. The Contractor shall have the right to use this equipment, or any other equipment purchased by the City for use in the animal shelter facility, during the term of the Agreement. Upon expiration or termination of the Agreement, the use of all such equipment shall revert to the City . 1 I! x H I B I T A C, OWNERSHIP . Both parties acknowledge and agree that the City of Englewood currentlv owns and shall continue to own the animal shelter facility itself, all the equipment described in Exhibit A, or any other equipment purchased by the City for use in the animal shelter facility. D. EXPENSES OF OPERATION. The Contractor shall be responsible for and shall pay those expenses of operation as set forth in Exhibit B, attached hereto and incorporated herein by reference. The Contractor shall be responsible for normal maintenance of the facility , the grounds , and the equipment in order to keep such in reasonable repair. This includes such repair and replacement of the facility or the equipment necessitated by normal wear and tear, except for any major repair or replacement caused by normal wear and tear as set forth immediately below. The City shall be responsible for any major repair or replacement of the facility or the equipment, even if such repair or replacement is necessitated through normal wear and tear. This includes but is not limited to, responsibility for the building itself, the plumbing system , the electrical systems and the major equipment, including but not limited to such items as the "Hotsy" machine. The Contractor shall not be responsible for any such major repair or replacement unless such is necessitated through its gross negligence. The Contractor shall notify the City in writing when, in its opinion, a need exists for major repair or replacement. The City shall have the right, upon twenty-four hours written notice to the Contractor, to , ., • enter and inspect the facility and the equipment and to make any repair or replacement • which it may deem necessary. In the event, the City deems such a repair or replacement is the responsibility of the Contractor, and so desires to charge the Contractor, the City and the Contractor shall agree upon such repair or replacement in writing before such is performed. E. SCOPE OF SERVICES. The Contractor shall provide the City with the following services in addition to those listed elsewhere in the Agreement: 1. Receive and house all animals brought to the animal shelter facility by Englewood Animal Control Officers , Englewood Police Officers , or other authorized City staff. 2. Abide by all City regulations , ordinances , or policies relating to the acquisition, maintenance , and disposition of animals in its care. 3. Provide Englewood Animal Control Officers , Police Officers , or other designated City staff with a means of access to the animal shelter facility during non-business hours . F. MUNICIPAL REGULATIONS . The Contractor shall enforce and perform any and all animal regulatory functions as required or permitted by state, city or other regulation or ordinance , which functions relate to animal housing or shelter services . The City shall provide the Contractor written copies of all City regulations , ordinances , 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 control functions, this request shall be set forth in writing, signed by both parties , and attached to the Agreement as an exhibit. 2 • • • • G. STANDARDS OF OPERATION. In addition to enforcing all regulatory functions as specified above, the Contractor shall maintain and operate the animal shelter facility in accordance with regulations established by the Colorado Department of Health which establish standards relating to the physical facilities , animal enclosures, sanitation, and the care and handling of animals. H. HOURS OF OPERATION. The Contractor shall keep the facility open to the public during the following hours, except for major holidays: Monday-Friday ................................. 10:00 A .M .-6:00 P .M. Saturday ..... .............. .................... .. 10:00 A.M.-5:00 P .M . Sunday ........................................... Closed Major holidays include New Year's Day, Memorial Day, Fourth of July , Labor Day, Thanksgiving, and Christmas Day. I. INSURANCE .. During the term of the Agreement, the Contractor shall maintain the following types and amounts of insurance. Such insurance shall name the City as an additional insured: 1. Comprehensive General Liability Insurance in an amount of not less than $500 ,000 .00 combined single limit. 2. Employee Liability and Workmen's Compensation which shall provide protection against any and all claims resulting from injuries to or death of any of the Contractor's employees . Any deductible under any of the above described insurance policies shall be paid by the contractor. The Contractor shall provide the City with such Certificate(s) of Insurance evidencing compliance with the above provisions no later than thirty (30) days after the execution date of the Agreement. The City shall demonstrate to the satisfaction of the Contractor that adequate self- insurance is provided for property and general liability damage. Participation in the Colorado Intergovernmental Risk Sharing Agency (CIRSA) shall be deemed satisfactory self- insurance . The City shall provide the Contractor with such Certificate(s) of Insurance evidencing compliance with these provisions no later than thirty (30) days after the execution date of the Agreement . 3 J. RECORDS AND REPORTS. 1. The Contractor shall maintain records of all animals it handles in the performance of the Agreement. Such records shall contain the following information: type of animal, sex, breed, color, disposition by the Contractor, and any additional information required by the City. A summary of this information shall be provided to the City on a monthly basis on approved forms at the same time that the monthly billing is submitted. Records of vicious animals and dog bite incidents shall also be sent to the appropriate governmental authorities. The Contractor shall maintain complete and accurate records concerning the revenues it derives during the performance of the Agreement from the operation of the animal shelter facility. Such revenues shall include adoption fees , reclaim (by owner) fees , and donations from the City , as well as such revenues collected from other municipalities or entities . 2 . REPORTS. Upon written request by the City, the Contractor shall provide the City a quarterly performance report that includes the following: a . The Contractor's activities for the previous quarter, with emphasis on problem areas. b. Whether or not any changes in policy will occur. c. d. Recommendations concerning fees , licenses , and animal regulatory laws . Any recommendations or information related to animal control in the City which are in the best interest of the City or which may be requested by the City. e . A financial statement of operations of the animal shelter facility in accordance with a format to be determined by the City . In the event such a quarterly report is submitted to the City , the Contractor shall be available at any reasonable time to discuss same with the Contract Administrator or his designee. K. VETERINARY AND RELATED MEDICAL CARE . The Contractor shall provide maintenance-level veterinary and related medical care for sick or injured animals brought to the animal shelter facility and to those which become sick during impoundment . If an animal is reclaimed by its owner, then such owner shall be responsible for all veterinary and related medical costs. L. CONFIDENTIALITY . The Contractor shall , to the extent permitted by law , keep all information which it receives concerning complaints , names, addresses, and telephone numbers of complainants and witnesses , and the names, addresses , and telephone numbers of owners confidential. The Contractor shall, to the greatest extent possible , protect an individual's right of privacy and shall not circulate or permit the circulation of this information for commercial purposes or other purposes not related to the duties undertaken in this Agreement. The Contractor is not prevented , however, from releasing that information which may be necessary for the location of an animal's owner or the gaining of 4 • • • • • • M. N. consent for medical treatment. The Contractor may also use that information it considers necessary or proper in and for its fund raising activities. NON-DISCRIMINATION. During the performance of this Agreement, the Contractor shall not discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, age, or the presence of any sensory, mental, or physical handicap in employment or application for e mployment, provided that the applicant is able to perform the required duties , or in the administration or delivery of services, or any other benefits under the Agreement. The Contractor shall comply with all applicable federal, state, city, and other laws , regulations, or executive orders. PROHIBITED TRANSACTION . The Contractor shall not give or sell any animal for research purposes. 0. RETURN-TO-OWNER POLICY. The Contractor s hall maintain a policy relating to the return to owners of their animals and shall make every reasonable effort to insure that as many animals as possible are so returned. A. SECTION 2 CITY OBLIGATIONS COMPENSATIONIMONTHLY PAYMENTS. In consideration of the services to be performed by the Colorado Humane Society under this Agreement, the City shall pay the sum of thirty- six thousand three hundred and forty-eight dollars ($36 ,348.00) per year, payable in monthly installments of three thousand twenty-nine dollars ($3 ,029.00). This rate shall be in effect from July 1, 1998 through June 30, 1999. During the balance of the term of this Agreement, i.e., from July 1, 1999 through June 30 , 2000, if sufficient funds are appropriated, the City and the Colorado Humane Society shall adjust the rate of compensation on an annual basis. The amount of adjustment shall be the same as the percentage(%) change in the Consumer Price Index-U for the Denver- Boulder area for the prior calendar year. However, in no case shall the adjustment be less than zero percent (0%) or more than seven percent (7%). If the CPI-U for the Denver-Boulder area is not available at the outset of the calendar year, the City shall continue to pay the Contractor at the rate set forth for the prior year. At such time as the rate adjustment is calculated, the City shall pay the Contractor the difference between the new rate and the rate set for the prior year retroactive to January 1st of the calendar year. Said retroactive payment shall be due in full at the next regular monthly payment date after the new rate is set. B. MONTHLY BILLINGS. The Contractor shall submit billings to the City by the end of each month for that month's compensation. Each monthly payment shall be due on the twentieth (20th) day of the succeeding month. A late charge of twenty-five (25%) shall be assessed against any payment received after the twentieth (20th) day of the month. C. REVENUES. All revenue collected by the Contractor from adoptions, reclaim fees , or donations , whether from the City or other municipalities or entities , shall accrue to and become the property of the Contractor. All court fines shall become the property of the City . 5 D. ANIMAL CONTROL. The City is responsible for all animal control services within its City limits . Subject to Section 1, Paragraph G, in the event the City desires that the Contractor issue citations at the animal shelter facility for violations of applicable laws , regulations, or ordinances, the City shall take whatever action is necessary to insure that the Contractor is legally empowered to perform such a duty and to train the Contractor's employees in the performance of such a service. E. CONTRACT ADMINISTRATOR. The City appoints the Administrative Division Chief of Safety Services as the City Official responsible for the administration of this Agreement. All reports , recommendations , and other correspondence shall be directed to said Manager . The Contractor's Executive or Acting Director s hall act as the Contractor's liaison with the City . F . ANTI-KICKBACK. No officer or employee of the City having the power or the duty to perform an official act or action related to the Agreement shall have or acquire any interest in the Agreement or have solicited, accepted , or granted a present or future gift, favor , service , or other thing of value from or to any person involved in the Agreement. SECTION 3 TERM OF AGREEMENT AND TERMINATION A. TERM OF AGREEMENT . The Agreement shall be for a term of two (2) years , commencing on July 1, 1998 and terminating on June 30 , 2000. • In the event sufficient funds shall not be appropriated by the City for the payment of • compensation/monthly payments , and if the City has no funds available for compensation/monthly payments from any other sources , the City may terminate the Agreement upon providing written notice to the Contractor within thirty (30) days from the date of the adoption of the next fiscal year's appropriation ordinance . There shall, however, be a sixty (60) day transition period , beginning from the date of the receipt of the termination notice by the Contractor, during which period the Contractor shall continue to provide those services as provided in the Agreement and the City shall continue to make payments as provided herein. Upon the expiration of this si."'{ty (60) day transition period, the Contractor shall not be obligated to provide any further services as provided in the Agreement and the City shall not be obligated to make any further payments as provided herein, except, however, that compensation for services which occurred prior to the end of the si."'{ty (60) day transition period shall be made . B . TERMINATION OF AGREEMENT BY ACTION OF PARTIES . Either party shall have the right to terminate the Agreement with or without cause at any time during the term hereof by providing the other party ninety (90) day s written notice to that effect. SECTION 4 ADDITIONAL PROVISIO i. ·s AND OBLIGATIONS A. INDEPENDENT CONTRACTOR. All services performed by the Contractor under the Agreement are done as an independent contractor and not as an employee of the City . 6 • • • • B. INDEMNIFICATION. To the extent permitted by law , each party shall indemnify and hold harmless the other party against any and all claims, demands, losses, and liabilities and from any debt, obligation, payment, collection cost, judgment, court order, court cost, interest, penalty, or expense of any kind or nature in connection with that party's act or omission arising directly or indirectly as a consequence of the Agreement. C. PUBLIC RELATIONS. The City and the Contractor shall exercise good faith in dealing with each other. D . ENTIRE AGREEMENT/l\10DIFICATION. The Agreement constitutes the entire Agreement of the parties with respect to the subject matter . All prior and contemporaneous negotiations and understandings between the parties are embodied in the Agreement, and it supersedes all prior agreements and understandings between the parties hereto relating to the subject matter hereof. No alteration or other modification of the Agreement shall be effective unless such modification shall be in writing and signed by the parties. E . SEVERABILITY . In the event any portion of the Agreement should become invalid, the remainder of the Agreement shall remain in full force and effect . F . BINDING EFFECT. The Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. The Agreement shall inure to the benefit of, and be binding upon, the successors in interest of the r e spe ctive parties . G. ASSIGNABILITY: The Agreement may only be assigned with the express written consent of the non-assigning party . H. DISPUTES . Venue for any litigation to enforce or construe this Agreement shall be in Arapahoe County , Colorado . In the event of litigation to enforce or construe this Agreement, the prevailing party shall be entitled to all reasonable costs and expenses , including attorneys' fees , whether or not the m a tter proceeds to judgment. I. NOTICE . Any notice required under the terms of this Agreement shall be deemed delivered and received when delivered in person or when deposited as certified or registered mail, return receipt requested, to the parties at the addresses listed at the beginning of the Agreement . 7 IN WITNESS WHEREOF, the City and the Contractor herein acknowledge that they have duly read, understood, and do freely and voluntarily execute this Agreement, consisting of ten (10) pages , on the day and year first above written. ATTEST: Loucrishia A. Ellis , City Clerk 8 CITY OF ENGLEWOOD Thomas J. Burns , Mayor THE COLORADO HUMANE SOCIETY & S.P.C.A., INC., a Colorado nonprofit corporation • • • • • • F:XHIBIT A ENGLEWOOD EQIDPMENT REMAINING AT ANIMAL SHELTER OFFICE 1 Desk (8') 1 Desk (5') 2 Office Stools 1 4-Drawer File Cabinet (legal) 1 Waste Basket 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 1 10' Water Hose RUN AREA 32 1 1 2 Stainless Steel Water Buckets Hot Water Hose -50' (red) Cold Water Hose -50' (green) Bug Zappers FOOD PREP ROOM 2 Trash Cans (20 gallon with lids --Dry Food, Puppy Chow ) 1 Trash Can (5 gallon with lid --Rabbit Food) 1 Mop Bucket and Mop 1 Floor Squeegee 1 Floor Scraper 1 55 Gallon Drum Caddy 1 1 9 1 1 1 1 1 1 1 EQUIPMENT TO BE STORED Hotsy Pressure Washer with hose and nozzle Dog Trap Cat Traps Air Kennels (Dog) Air Kennel (Cat) 7' Control Stick Electric Fan Sharp Calculation (052052) 25 ' 12-3 extension cord Cash Box '• .· EXHIBITB • Colorado Humane Society and S.P. C.A, Inc. Expenses, Englewood Shelter Contract 1. Supplies 2. Gas/Electric 3 . Water/Sewer 4. Office 5 . Printing 6. Vet Services 7. Trash 8. Labor 9. Education 10 . Bank Charges 11. Insurance • 12 . Uniforms 13 . Repairs/Maintenance 14 . Phones 15 . Postage 16 . Payroll Tax 17 . Insurance/Benefits 18 . All other expenses directly related to shelter operations except as specified in the Contract • . ; • • • COUNCIL COMMUNICATION Date Agenda Item Subject June 1, 1998 Animal Housing Services 10 a i Agreement Initiated By Staff Source Safety Services Division Chief Robert Moore COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Regional cooperation: In 1991 , the Englewood City Council approved an Animal Housing Services Agreement with the Colorado Humane Society , Inc. to provide day-to-day services at the Englewood Animal Shelter. The Contract was renewed by Council passage of Ordinance No . 37, Series of 1996, for the period of July 1, 1996 through June 30, 1998 . RECOMMENDED ACTION Approval of a new Animal Housing Services Agreement with the Colorado Humane Society to run the Englewood Animal Shelter, said agreement to be on a two year renewable basis. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Prior to 1991 , Englewood employees , operating under the supervision of the Police Department, ran day-to-day activities at the shelter, including the adoption, release to owners and destruction of animals, as necessary . In 1991, with animal control under the jurisdiction of the Community Development Department , it was determined that contracting out the operation of the shelter, while retaining animal control responsibilities, would be a more efficient mode of service delivery for the City . After researching potential contractors, the bid for services was awarded to the Colorado Humane Society, Inc . in the form of a five-year, rate-adjusted contract. Upon expiration of the Contract, staff researched other options uti li zing Colorado Humane Society as a contractor , including the return of the shelter to Englewood management in a cooperative venture with other local agencies. After much research , it was determined that contracting the Colorado Humane Society continued to provide a more efficient option that any others researched. Now , in 1998, that premise continues to be true . FINANCIAL IMPACT The Contract with Colorado Humane Society will be for $36 ,348 a year ($3,029/month), and if renewed may be adjusted based on the Denver-Boulder CPI , but no more then 7% annually . The City is responsible for any major maintenance issues at the shelter; beyond those identified in the Agreement. LIST OF ATTACHMENTS Bill for an ordinance Animal Housing Services Agreement. ' . • • • •