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HomeMy WebLinkAbout25-123 Approving 2026 Agreement for Animal Shelter Services Longmont Humane Society 12-10-2025RESOLUTION O. 25-123 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING THE 2026 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 sheller serviceswith the Longmont Humane Society Inc asit 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 F FIRESTONE, COLORADO: The 2026 Agreement between The .I o rn 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. PASSED AND ADOPTED this 10th day of December, 2025. TOWN OF URLSTO1L. COLORADO ATT ST" \RS t ra a os Luuna, CMC, `I'own Clerk Pr« APP AS TO FIRM ara. all Leith in, To Attorney 2026 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 deexmd to be both desirable and essential for the immediate protection and preservation ofthe public health, safety, and general welfare of the citizens of Firestone; and WHEREAS the Society has established and is maintaining g 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; als; and WHEREAS AS 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: RM The initial term of this contract is from January 1, 2026 through December 31, 2026; thereafter, the Agreement shall automatically renew for successive 12 -month terms, unless either party gives notice in writing of the intent not to renew at least 30 days prior to the end of a term or unless sooner terminated as provided herein. DUTIES: Society agrees to provide the services described below. The Town has authorized $75,297 in its 2026 budget to provide the services described in this contract, The Town shall pay said $75,297 intwelve 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, subject to the Town's right to withhold, 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 animals 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; Comply with the applicable laws of the State of Colorado, including but not limited to, the Pet Animal Care and Facilities Act, CR.S. 3-0-101 through 117 ("Act"); * 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, (Animals delivered by Town residents, including animals received from the Town's Police Department personnel in the performance of their duties, will be considered from the Town). 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 shelterprovide whatever form(s) deemed necessary by the Society for recording information ora ation 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, and all applicable state and local laws have been satisfied, including without limitation impoundment periods prescribed by such laws, except where euthanasia prior to that time is deemed necessary or appropriate by the veterinarian or designated shelter• personnel advising the Society; • Subject to any exceptions due to applicable law, 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 LEIS Well Pet Clinic for the owner to later vaccinate their animal. If the owner declines, the Societymay still release the animal to the owner, * Submita report to the Town on a quarterly basis with listinthe following information in comparison to the previous quarter: 1 the total number of stray animals admitted to the 2 Society from the Town; and (2) the total number of impounded animals returned to their•. owner, TOWN'S RIGHTTO WITHHOLD: Notwithstanding any other provision of this Agreement and without prejudice to any of the Town's rights or remedies, the Town shall have the right at any time or times, whether before or after approval of any pay request, to deduct and withhold from any payment that may be due under this Agreement such amount as may reasonably appear necessary to compensate the Town for any actual or prospective loss due to: (a) the Society's inability to perform the Duties; (b) damage for which the Society is liable under this Agreement; (c) failure of the Society to complete or properly document any pay request; (d) any other failure of the Society to perform any of its obligations under this Agreement; or. (e) the cost to the Town, including attorneysfees and administrative expenses, for correcting any of the aforesaid matters or exercising any one or more of the Town's remedies 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 DITTIES. 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 tote matters set forth herein, This contract 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 contractor 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 or employee 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. As to dealings with third parties, neither Party shall have the power to bind the other by contract or any other manner, nor shall either have any power or authority to act for or on behalf of the other. The Society has under this Agreement only the right to receive compensation from the Town for the services performed hereunder. 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. 3 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, The Society shall be solely responsible for the acts of its officers, agents, and employees and payment of all withholding taxes, social security, unemployment compensation, workers' compensation, or other taxes, and shall hold the Town harmless and indemnify the Town from all claims for the same, 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 promptnotice to the Town,and shall defend the same at its own cost and expense. If a judgment shall be rendered against st 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, TERlvlINATION, Either party may terminate this Agreement, with or without cause and with or without providing reasons for termination, upon giving the other party thirty (30) days' prior written notice. Also, this contract may be terminated at the sole discretion of the Town for any violation by the Society of any of the material terms and conditions of this contract, including the reduction or discontinuance of the services listed in riUTIES, Notice shall be mailed to the respective parties at the following addresses unless written notice of change of address is given: Town Society Town of Firestone Executive Director 9950 Park Ave Longmont Humane Society, Inc. Firestone, Colorado 80504 9595 Nelson Road Longmont, Colorado 80501 PROVISIONS CONSIRUEDAS 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 REPENTATIN. No representations, agreements, covenants, warranties, or certifications, express or implied, shall exist as between the parties, except as specifically set forth inthis contract;. 11 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. BILI . Invalidation of any specific provisions of this contract shall not affect the validity of any ether• provision of this contract. GOVERNING LAW. This contract shall be governed and construed in accordance with the laws of the State of Colorado. GOVERNMENTAL IUNITY.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. 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, LONGMONT SG E id I .[ c foregoing str cm t was ici led ed clic iie b Gd(Yb a0 N..JU1C of party signing) as Executive L irecto ' of I .oiin1on1 Humane Sock' . Inc., aColorado Fitl of party signing) (Name of corporation)(State of incorporation) No -profit corporation, on behalf f the cur o °ation, this /Lay oI , 2i)25 `fitness zny band and official Seal. Commission expires RTJ L REE't"2, NOTARY PE.l LI Notary I j)I1C STATE OF CE ORA t N TA Y tL 20084 6 03 MY E0MMSSI 1 EXPIRES OCTOBER 22, 2028