HomeMy WebLinkAbout24-114 Approving the 2025 Agreement for Animal Shelter Services with Longmont Humane Society 12-18-2024RESOLUTION NO. 24-114
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO APPROVING THE 2025 AGREEMENT FOR
ANIMAL SHELTER SERVICES BETWEEN THE TOWN OF FIRESTONE
AND THE LONGMONT HUMANE SOCIETY INC
WHEREAS, the Town of Firestone Police Department recommends that the Town of
Firestone ("Town") continue its agreement for animal shelter services with the Longmont
Humane Society Inc as it provides for the humane treatment and veterinary services of animals
impounded within the Town pursuant to Title 6 of the Firestone Municipal Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The 2025 Agreement between The Town of Firestone and the Longmont Humane Society
Inc for animal shelter services is approved in substantially the same form as the copy attached
hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement
on behalf of the Town.
INTRODUCED, READ AND ADOPTED this 18th day of December, 2024.
TOWN OF
A EST:
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Missy Carranco, Deputy Town Clerk coUN"f'�
2025 CONTRACT BETWEEN THE TOWN OF FIRESTONE
AND THE LONGMONT HUMANE SOCIETY, INC.
THIS contract is made and entered by and between the Town of Firestone, a Colorado statutory
municipal corporation (Town), and the Longmont Humane Society, Inc., a Colorado non-profit
corporation (Society);
WHEREAS the Society provides the services stated in DUTIES to the Firestone community;
and
WHEREAS for the Society to function properly and provide important services to the Firestone
community, it is necessary to provide funds to Society for its services which are deemed to be
both desirable and essential for the immediate protection and preservation of the public health,
safety, and general welfare of the citizens of Firestone; and
WHEREAS the Society has established and is maintaining a shelter and impoundment facility
where animals which have been impounded pursuant to Town ordinances are cared for or
disposed of pursuant to said ordinances; and
WHEREAS the Town believes that the Society is an appropriate designated animal shelter and
interested in the humane care and treatment of animals; and
WHEREAS the Society is willing to furnish the services identified in DUTIES on behalf of the
Town and the Town may, as authorized by ordinance, contract for such services.
NOW, THEREFORE, to provide necessary services for the benefit of the Town and its
inhabitants, the Town and the Society mutually agree as follows:
TERM. The term of this contract is from January 1, 2025 through December 31, 2025;
thereafter, the Agreement shall be automatically extended or renewed without further Town
Board approval for the next and each succeeding calendar year, unless terminated by either the
Town or the Society.
DUTIES: Society agrees to provide the services described below. The Town has authorized
$75,297 in its 2025 budget to provide the services described in this contract. The Town shall pay
said $75,297 in twelve equal monthly installments of $6,274.75 each to be made no later than the
10th of each month during the term of this contract. It is the understanding of the parties that the
payments identified herein shall constitute the total compensation payable by the Town for the
services identified herein and provided by Society.
The Society shall be entitled to collect from the owner or keeper of an animal all reasonable and
necessary costs associated with providing emergency treatment of an impounded animal,
The Society agrees to furnish and provide the following:
• All physical plant facilities and equipment necessary for the efficient, humane, and
effective operation of an animal shelter in compliance with all Town ordinances and laws
of the State of Colorado thereto applicable;
• Competent veterinary medical care for all animals impounded at its facility through the
availability of the professional services of a doctor of veterinary medicine licensed to so
practice in the State of Colorado; and
• All medical supplies, professional instruments, and equipment necessary for the efficient
and effective operation of an animal shelter, along with such facilities as may be required
for the disposal of dead animals consistent with public health and safety.
In operating and managing the animal shelter, the Society, shall:
• Conduct the operations of said animal shelter within and upon the premises generally
described as the Longmont Humane Society, Longmont, Colorado;
• Maintain such facilities of the Society in a clean and sanitary condition;
Accept from Town employees or private citizens for impoundment, dogs, cats and other
domestic small mammal companion animals. No barnyard, reptiles, birds or other
animals are provided for within this contract. The Society shall also accept such dead
animals from any Town employee. The Town, however, shall be responsible for
obtaining veterinary services for any animal injured or in immediate need of veterinary
care prior to submittal of such animal by the Town for impoundment to the Society as
may be required, such initial treatment to be at the sole expense of the Town. In such
circumstances, the Town shall complete a Found Report and submit to the Society.
• Establish, keep and maintain a daily register of all animals placed by the Town into and
released from the animal shelter; provide whatever form(s) deemed necessary by the
Society for recording information on all impounded animals;
+ Not release or otherwise dispose of any living domestic animal placed by the Town with
the Society, until all fees prescribed and applicable state laws have been satisfied;
Each animal impounded and placed with the Society pursuant to this contract may be
reclaimed by the owner during the impoundment period upon verification of ownership.
For dogs and cats, the owner must first show proof of current, valid rabies vaccination as
required by the Town's Municipal Code. If not available, the Society will offer for
purchase a prepaid rabies voucher to be redeemed at the LHS Well Pet Clinic for the
owner to later vaccinate their animal. If the owner declines, the Society may still release
the animal to the owner.
ACCEPTANCE OF STRAY ANIMALS. The Town acknowledges that the Society accepts stray
or abandoned animals brought to the Society by the citizens of Firestone, including animals
received from Firestone Police Department personnel in the performance of their duties. Funding
for this responsibility is included in this contract under DUTIES. The Society shall be entitled to
collect from the owner or keeper of an animal, all reasonable and necessary costs associated with
providing emergency treatment of an impounded animal. The Society does NOT accept reptiles
and amphibians.
INTEGRATED AGREEMENT AND AMENDMENTS. This contract is an integration of the
entire understanding of the parties with respect to the matters set forth herein. This contract
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cannot be altered or amended except in writing, and signed by duly authorized representatives of
the respective parties.
STATUS OF SOCIETY. The Society shall perform all services under this contract as an
independent entity and not as an agent or employee of the Town. It is mutually agreed and
understood that nothing contained in this contract is intended or shall be construed as in any way
establishing the relationship of co-partners or joint ventures between the parties hereto, or as
construing the Society, including its agents and employees, as an agent of the Town. The Society
shall remain an independent and separate entity, The Society shall not be supervised by any
employee or official of the Town, nor will the Society exercise supervision over any employee or
official of the Town. The Society shall not represent that Society is an employee or agent of the
Town in any capacity. The Society is not entitled to Town workers' compensation benefits
and is obligated to pay federal and state income tax on money earned pursuant to this
contract, if applicable.
PERSONNEL. Society agrees to provide competent personnel with expertise in the delivery of
the scheduled services to achieve and maintain a highly professional and competent level of
services.
INDEMNITY. The Society shall fully indemnify and hold the Town harmless from all claims,
actions, suits, liability, losses, costs, expenses and/or damages of any kind whatsoever which
may occur to or be suffered by any person (including, but not limited to the Society, its agents,
employees, Society's tenants, invitees, licensees, successors or assigns) arising out of or in
connection with its use and occupation of any Town facilities and/or any activities undertaken
pursuant this contract, except only for those losses resulting solely from the negligence of the
Town. Upon commencement of any such suit or action against the Town, the Society shall
provide prompt notice to the Town, and shall defend the same at its own cost and expense. If a
judgment shall be rendered against the Town in such an action or suit, the Society shall fully
satisfy the judgment within ninety (90) days after the same has been conclusively determined.
TERMINATION. This contract may be terminated at the sole discretion of the Town for any
violation by the Society of any of the terms and conditions of this contract, including the
reduction or discontinuance of the services listed in DUTIES. This contract shall be subject to
termination by either party in the event of the failure of the other party to perform any of the
terms herein set forth. In such event, written notice shall be given to the other, and if the
conditions of noncompliance specified in such notice are not corrected to the reasonable
satisfaction of the non -breaching party within 60 days of the date of such notice, this contract
shall be terminated and of no further effect at the option of the party not in default of the terms
herein contained. Notice shall be mailed to the respective parties at the following addresses
unless written notice of change of address is given:
Town
Town of Firestone
9950 Park Ave
Firestone, Colorado 80504
Society
Chief Executive Officer
Longmont Humane Society, Inc.
9595 Nelson Road
Longmont, Colorado 80501
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PROVISIONS CONSTRUED AS TO FAIR MEANING. The provisions of this contract shall
be construed as to their fair meaning, and not for or against any party based upon any attribution
to such party as the source of the language in question.
HEADINGS FOR CONVENIENCE. All headings, captions and titles are for convenience and
reference only, and of no meaning in the interpretation or effect of this contract.
COMPLIANCE WITH ORDINANCES AND REGULATIONS. The Society shall perform all
obligations under this contract in strict compliance with all federal, state, and Town laws, rules,
statutes, , ordinances, and regulations applicable to the performance of the Society's services
under this contract, and specifically, shall not discriminate against any person on the basis of age,
ancestry, color, creed, sex, race, religion, national origin, disability, or as otherwise prohibited by
law.
NO IMPLIED REPRESENTATIONS. No representations, agreements, covenants, warranties,
or certifications, express or implied, shall exist as between the parties, except as specifically set
forth in this contract.
NO THIRD PARTY BENEFICIARIES. None of the terms or conditions in this contract shall
give or allow any claim, benefit, or right of action by any third person not a party hereto. Any
person other than the Town or the Society receiving services or benefits under this contract shall
be only an incidental beneficiary.
FINANCIAL OBLIGATIONS OF TOWN. Nothing herein shall constitute a multiple fiscal year
obligation pursuant to Colorado Constitution Article X Section 20. Notwithstanding any
provision of this contract the Town's obligations under this contract are subject to annual
appropriation by the Town's Board of Trustees. Any failure of a Board of Trustees to appropriate
adequate monies to fund the Town's obligations under this contract shall terminate the contract
at such time as then existing appropriations are depleted. The Town shall promptly provide
Society of any event of non -appropriation.
WAIVER. No waiver of any breach or default under this contract shall be a waiver of any other
or subsequent breach or default.
SEVERABILITY. Invalidation of any specific provisions of this contract shall not affect the
validity of any other provision of this contract.
GOVERNING LAW. This contract shall be governed and construed in accordance with the laws
of the State of Colorado.
GOVERNMENTAL IMMUNITY. The Town and its officers, officials, and employees are
relying upon and do not waive by any provision of this contract the monetary limitations and
other rights, immunities and protections afforded them by the Colorado Governmental Immunity
Act C.R.S. 24-10-101 et, seq. as same may be amended or otherwise available in law or equity.
AUTHORITY. The parties warrant that they have taken all actions necessary or required by
their own procedures, bylaws, or applicable law, to authorize their respective signatories to sign
this contract for them and to bind them to its terms.
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DAMAGES FOR BREACH OF CONTRACT. In addition to any other legal or equitable
remedy, the Town may be entitled to for a breach of this contract, if the Town terminates this
contract, in whole or in part, due to Society's breach of any provision of this contract, Society
shall be liable for actual and consequential damages to the Town.
Executed this day of_I , 2024.
TOWN F TONE ��F' pyv�N
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Mayo nyac
State of Nlunjo
ss:
Countyof
LONGMONT HUMANE SOCIETY
Chief Executive Officer
The foregoing instrument was acknowledged before me by(i
(Name of party signing)
as ix' 0 of Longmont Humane Society, Inc., a Colorado
(Title of party signing) (Name of corporatioon�)��Q (State of incorporation)
Non-profit corporation, on behalf of the corporation, this6� day ofd i 2(f _, 202
Witness my hand and official Seal.
My Commission expires /DIZZ/ZO2S
CRYSTAL L REETZ Notary Public
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20084036903
MY COMMISSION EXPIRES OCTOBER 22, 2028