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HomeMy WebLinkAbout23-124 Approving 2024 Agreement Longmont Humane Society, Inc 12-13-2023RESOLUTION NO. 23-124 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING THE 2024 AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE LONGMONT HUMANE SOCIETY INC WI IEREAS, the Town of irestone Police Depar-Inient recommends that the Town of Firestone ("Town") C011tillLie its agreement with the Longmont Humane Society Inc as it provides for the hL1111,1111C treatment of animals impounded within the Town PLU-SUant 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 2024 Agreement betweenThe Town of Firestone and the Longmont Humane Society Inc is approved in substantially the same I'min 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 13th day of December, 2023. TOWN FIRESI' E, COLORADO Drew Alan Peterson, Mayor ATTES.T: .,EST 0 NE �c2� `�� �-toWN Kri'sd K. Bashor, CMC Town Clerk \0 " i Pad Q APPROVED AS TO RM: 0 k� Aj.�' William J.7-777yTsii, 'Wi Attorney 2024 AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND TIIE LONGMONT HUMANE SOCIETY, INC. THIS Agreement is made and entered by and between the Town of Firestone, a Colorado statutory town (Town), and the L.ongniont 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 fimetion properly and provide important services to the Firestone community, it is necessary to provide funds to Society liar 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 Ofpursuant 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 temi ofthis Agreement is from January 1, 2024 through December 31, 2024; 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 in writing and by providing notice of such to the other party. DUTIES: Society agrees to provide the services described below. 'The Town has authorized $39,983.87 in its 2024 budget to provide the services described in this Agreement. The Town shall pay said $39,983.87 in twelve equal monthly installments of $3,331,99 each to be made no later than the 10th of each month during the term of this Agreement. 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 uupounded 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 of Firestone ordinances and laws of the State of Colorado thereto applicable; o Competent veterinary medical care for all animals impounded at its facility thl-OLIgh 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 eqUipIllCIlt necessary for the efficient and effective operation of an animal shelter, along with SLICII 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 SLICII facilities Ofthe Society in a clean and sanitary condition; Accept frorn Town officials or private citizens for iIIII)OLIndnient, clogs, cats and other domestic small mammal companion animals, No barnyard, reptiles, birds or other animals are provided Im within this Agreement. 'J"he Society shall also accept such dead animals from any authorized representative of'the Town. The Town, however, shall be responsible for obtaining veterinary services for any animal iniUred 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 SLICII Ci I-CLI m stances, 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 l'orni(s) clectiled necessary by the. Society for recording information on all inlPOLIncled animals; • Not release or otherwise dispose of any living domestic animal placed by the Town with the Society, 1,111(il all Im prescribed and applicable state laws have been satisfied; Each animal impounded and placed with the Society pUl'SLIant to this Agreement may be reclaimed by the owner during the impoundment period upon verification of ownership. For dogs and cats, the owner InLISt first show proof' of current, valid rabies vaccination as required under firestone Municipal Code Sees. 6.04.010 and 6.04.040. If not available, the Society will offer for purchase a prepaid rabies V01leher to be redeemed at the LHS Well Pet Clinic for the owner to later vaccinate their animal. Ifthe owner declines, the Society may still release the dog 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 offirestone, including animals received from Firestone community service offlicers in the perl'ormance of their duties. Funding for this responsibility is included in this Agreement Under DUTIES, Tile Society shall be entitled to collect from the owner or keeper of an animal, a] I reasonable and necessary costs associated with providing emergency treatment of an inlPOLInclect animal. The Society does NOT accept reptiles and amphibians. 2 INTEGRATED AGREEMENT AND AMENDMENTS, This Agreement is an integration of the entire understanding of the parties with respect to the matters set forth herein. This Agreement 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 Agreement 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 Agreement is intended or shall be construed as in any way establishing the relationship ofco-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 all 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 ofthe Town. The Society shall not represent that Society is an employee or agent of the Town in any capacity. The Societe is not entitled to Town workers' compensation benefits and is obligated to pay federal and state income tat on money earned pursuant to this Agreement, 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, defend 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 Agreement , 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 judgment shall be rendered against the Town in such an action or suit, the Society shall fully satisfy the judgment within ninety (90) clays after the same has been conclusively determined. INSURANCE, The Society shall procure and maintain at its own cost policies of insurance sufficient to insure against all liability claims, demands and other obligations assumed by Society pursuant to this Agreement. The insurance shall include workers compensation insurance as required by law, commercial general liability insurance with minimum combined limits of $ t,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, shall contain a severability of interests provisions and include the Town and its officers, officials, employees as additional insureds. No such coverages shall be cancelled or materially changed without at least 30 clays written notice to the Town. The society shall provide certificates of insurance of such coverages to the Town. TERMINATION. This Agreement 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 Agreement, including the reduction or discontinuance of the services listed inn DUTIES. This Agreement shall be subject to termination by either party in the event of the failure or 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 ol'noneounpliancc specified in such notice are not corrected within 60 days of the date of such notice to the reasonable satisfaction of the non -breaching party, this Agreement shall be terununated 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 partics at the following addl-CSSeS LlllleSS written notice ofelimige of address is given: Town Firestone Police Department Deputy Chief Bryce Borders 9900 Park Ave. Firestone, Colorado 80504 Society Chief EXeCLltiVC Officer Longmont Humane Society, Inc. 9595 Nelson Road Longmont, Colorado 80501 PROVISIONS CONSTRUED AS TO FAIR MEANING. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to SUCII 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 Agreement, COMPLIANCE WITI I ORDINANCES AND REGULATIONS, The Society shall perforill all obligations Under this Agreement in strict compliance with all federal, state, and Town laws, rules, statutes, charter provisions, ordinances, and regulations applicable to the performance of the Society's services under this Agreement, 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 Agreement. NO THIRD PARTY BENEFICIARIES, None of the terms or conditions in this Agreement shall give or allow any claim, benefit, or riglit of action by any third person not a part), hereto. Any person other than the 'town or the Society receiving services or benefits under this Agreement shall be only all incidental beneficiary. FINANCIAL OBLIGATIONS OF TOWN. All financial obligations of the Town under this Agreement are contingent upon the Town's Board ofTrustees annual appropriation, budgeting, and availability of specific hands to discharge such obligations. Nothing in this Agreement shall be deemed a pledge ofthe Town's credit or payinci-it guarantee by the Town to the Society. 11' appropriated funds are not available, both parties shall be relieved oftlicir obligations hereunder, WAIVER. No waiver ofany breach or default under this Agreement by either party shall be a waiver of any other Or subsequent breach or default. SEVERABILITY. Invalidation of any specific provisions of this Agreement shall not affect the validity of any other provision of this Agreement. GOVERNING LAW, This Agreement shall be governed and construed in accordance with the laws of the State of Colorado and venue shall be in Weld County, Colorado, 4 AU'rHORITY. 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 Agreement for them aid to bind them to its terms. Workers Without Authorization. Society shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement. Society shall not knowingly contract with a subcontractor that (a) knowingly employs or contracts With a worker without authorization to perform work under this Agreement or (b) fails to certify to the Society that the sub -contractor will not loiowingly employ or contract with without authorization to perform work under this Agreement. VERIFICATION REGARDING Workers Without Authorization. Society has confirmed the employment eligibility of all employees newly hired for employment to perform work under this Agreement tl-trough participation in either the E-verify program administered jointly by the United States Department of Homeland Security and the Social Security Administration or the employment verification program of the Colorado Department of Labor & Employment. LIMITATION REGARDING E-VERIFY PROGRAM, Society shall not use E-verify program procedures to undertake preemployment screening of job applicants while performing this Agreement. DUTY `1O "ITERMINATE A SUBCONTRACT; EXCEPTIONS. Ifthe Society obtains actual knowledge that a sub -contractor performing work under this Agreement knowingly employs or contracts with a worker without authorization, the Society shall, unless the sub -contractor provides information to establish that the sub -contractor has not knowingly employed or contracted with a worker without authorization: 1. Notify the sub -contractor and the Town within tivee days that the Society has actual knowledge that the sub -contractor is employing or contracting with a worker without authorization; and 2. Terminate the subcontract with the sub -contractor if, within tlu-ee days of receiving notice, that the Society has actual knowledge that the sub -contractor is employing or contracting with a worker without authorization, the sub -contractor does not stop employing or contracting with a worker without authorization. DUTY TO COMPLY WITH STATE INVESTIGATION. The Society shall comply with ally reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation pursuant to C.R.S. 8-17.5-102 (5). 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 Agreement, ifthe Town terminates this Agreement, in whole or in part, due to Society's breach of any provision of this Agreement, Society shall be liable I01- actual and consequential damages to the Town. GOVERNMENTAL IMMUNITY Nothing herein this Agreement shall be deemed a waiver of the rights, limitations and protections afforded the Town its officers, officials, agents and employees provided it by the Colorado Governmental imniuuity Act C.R.S. 24-10-10I er seq. as same may be amended from time to time. EXeCLIted this I 6� day of be6K/b-e�, 2023. TOWN OF FIRESTONE, COl,ORADO Drew Alan Peterson, Mayor LONGMONTHUMANE SOCIETY Chief Executive Officer State of ss: COLInty Of The loregoing instrLinieiitwas acknowledged before me by (Name of party signing) as of Longmont FlUmane Society, Inc., a Colorado (Title of party signing) (Name of corporation) (State of incorporation) Non-profit corporation, on behalf of the corporation, this _ day of_ Witnessmy hand and official Seal. My Commission expires Notary Public 6