HomeMy WebLinkAboutResolution 2012-0039C ITY OF WHEAT RIDGE, COL ORADO
RESOLUTION NO. 39
Series of 2012
TITLE : A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN J EFFERSON COUNTY, THE CI TY OF
ARVADA, THE CI TY OF LAKEWOOD, THE CITY OF WH EAT
RIDGE, TH E CITY OF GOLDEN, TH E CITY O F WESTMINSTER
AND THE CITY OF EDGEWAT ER AN IMAL SH EL TER/DOG
LICENSING /FUNDING
WHEREAS, by Resolution 1567-1996, the City of Wheat Ridge {Wheat Ridge)
entered into an Intergovernmental Agreement (IGA) that added Wheat Ridge as a party
to the establishment and operation of the Table Mountain Animal Center (TMAC); and
WHEREAS , by Resolution 17-2007, Wheat Ridge entered into an IGA for the
implementation of a Countywide Dog Licensing P rogram ; and
WHEREAS , TMAC has since moved to a new location is operating under the
name of Foothills Animal Shelter (the Shelter); and
WHEREAS , Wheat Ridge is currently assessed an annual fee to help cover the
cost of the operations of the Shelter; and
WHEREAS, revenues from the Dog Licensing Program are used to pay the debt
serv ice of the Shelter's new facility; and
WHEREAS , the revenue from the Dog Licensing Program exceeds the annual
debt service requirements ; and
WHEREAS , the Pa rties to the IGA wish to better match the revenue streams to
expenses by allocating the assessments to the annual debt service and allocating the
Dog Licensing revenue to operations of the Shelter, and also take advantage of the
increased revenue potential of the Dog Licensing Prog ram to cove r future operating
costs of the Shelter.
NOW, THEREFORE , BE IT RESOLVED by the City Counci l of the City of
Whea t Ridge, Colorado, as follows :
A. The Intergovernmental Agreement Between Jefferson County, the City of
Arvada , the City of Lakewood , the City of Wheat Ridge , the C ity of
Golden , the City of Westm inster and the City of Edgewater Animal
Shelter/Dog Licensing/Funding attached to t his Resolution as Exhibit A
and incorporated herein by reference , is hereby approved . The Mayor
and City Clerk are authori zed and directed to execute the same.
B. This Resol ution shall be effective upon adoption .
DONE AND RESOLVED this 23 rd day of July, 2
ATTEST:
INTERGOVERNMENTAL AGREEMENT
BETWEEN JEFFERSON COUNTY, TH E CITY OF ARVADA, THE CITY OF
LAKE WOOD, THE CITY OF WHEAT RIDGE, THE C ITY OF GOLDEN. TilE
CITY OF WESTMINSTER AND TH E CITY OF EDGEWATER
ANIMAL SHELTER/DOG LI CENSING /FUN DING
THIS AGREEMENT, dated for reference purposes only this 15th da) of August 2012.
is made and entered into b) and bem.een the COUNTY OF JEFFER SON, STATE OF
COLORADO, a bod) politic and corporate (the "Count)··); the CITY OF ARVADA, a
municipa l corporation ("'Arvada""); the C ITY OF LAKEWOOD, a municipal corporation
("Lakewood"): the C ITY OF WHEAT RIDG E, a municipa l co r poration("\\ heat Ridge"'): and
the CITY OF GOLDEN, a municipal corporation (•·Golden""): and the C ITY OF
WESTMIN STER, a municipal corporation ("Westminster'").
WITNESSETH
WH E REAS, C.R.S. Section 30-15-10 I (I) authorizes the board of count) commissioners
of each county to establish an animal holding facilit) and engage personnel to operate it. provide
for the impoundment of animals. and to establish terms and conditions for the relea se or other
disposition of impounded animals: and
WHEREAS, C.R.S. Sec t ion 30-15-10 I (2) authorizes counties and mun icipalities to ente r
int o an intergovernmental agreemen1 to provide for the control, licensing. impounding. or
disposition of pet animals or to provide for the accomplishment o f any ot her aspect of a county
or municipal dog control or pet animal control licen sing re sol uti on or ordinance: and
WH ER EAS, C.R.S. Section 31-15-40 I (m)(l) authorizes municipalities to regulate and
control animals" ithin the municipal it) including. but not limited to. licensing. impoundment,
und disposition of impounded animals: and
WHEREAS, Part 2 of Article I ofTitle 29. C.R.S. permits and encourages governmen ts
to make lhe mos t efficient and effective use of their powers and re spon sibi litie s by cooperating
and contracting v.ith ot her governments: and
WHEREAS, Part 2 of Article I of Title 29. C.R.S. authorizes governments to contract
\\ ith one another to prO\ ide an} function. service. or facility lawful I} authorized to each of the
contracting units through the establishment of a separate legal emi~: and
WHEREAS, pursuant to C.R.S. Section 30-11-1 07( I) the parties are authorized to enter
into agreements for the joint use and occupation of public buildings: and
WHE REAS , some of rhc parties entered int o an Interg overnmen tal Agreement forming
the separate legal entity called the Jefferson Animal Shelter on March 15. 1975 and this
Intergovernmental Agreement was amended several times to modif) the terms and add parties to
the agreement: and
WHEREAS, the rowns of Morrison and Mountain View are no longer participating in
the operati on or funding of the Jeffer son Animal Shelte r: and
WHEREAS, th e parties entered into an Intergovernmental Agreement creating a County-
Wide Dog Licensing Program ( .. Dog Licensing Program··) which provided th:l! the revenue
from the Dog Licensing Program would be used to construct a ne"' animal shelter facilit) due to
the deterioration of the prior facility: and
WHEREAS, the Count~ funded the construction of a nev .. animal shelter facility
("·Facility .. ) b) I )issuing Certificates of Participation (""COPs··) which in cluded the amount of 5.2
million dollars for construction of the Animal Shelter Facility: 2) contribu tin g 3 million dollars:
and 3) contributing an additional 1.5 mi Ilion dollars pursuant to the terms of an
Intergovernmen tal Agreement between some of the pa1ties (the '"Facility Funding IGA .. ) which
provided that the participating cities would repay the County(unless the County is repaid by the
Foothills Animal Foundat ion)at the end of a five year period ending on Januar) I, 2015: and
WHEREAS, the parties desire to amend the prior agreements for fo1Tt1ation of the
Shelter and the Dog Licensing Program to prO\ ide for the parties to no longer pay annual
assessments for the operation of the Shelter. to instead use the revenue from the Dog Licensing
Program for the operation of th e Shelter and to provide for repayment of th e COPs and the $1.5
million dollar contribution: and
WHEREAS . the parties agree that each party and its residents should contribute to'.vard
the funding for the cost of capital construction of the Facilit}' and the operation of a central
animal shelter in equal proportion to the estimated number of dogs in their jurisdiction; and
\VHEREAS, it continues to be in the best interest of all of the above-referenced parties
to participate in the. organiLation. administration. and common use of a centra l animal shelter
and to amend the prior agreements for continued operation of the central animal she lter and the
Dog Licensing Program and the Facility Funding IGA as set fonh herein: and
WHEREAS, the City of Edgewa ter (''Edgewater") may desire to become a part) to this
Agreement after adoption of a dog licen sin g ordi nanc e in compliance with the terms of this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreement of the
parties hereinafter contained. the receipt and sufficienc) of which are hereby con fe ssed. it is
understood and agreed as follows:
PART J. FOOTH ILL S ANIMAL SHELTER FORMATION AND OPERATION
1. GENERAL J>ROVISJO NS
A. ESTABLIS HME NT OF FOOTIIILLS ANIMAL SHELTER. 1l1c parties
pre\ iously established a separate legal entit) called the Jefferson Animal Shelter and then
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renamed the en tity the Table Mountain Animal Center. The parties hereby reaffim1 the
establishment or the separate legal emit) which shall be kno\>\n as the "Foothills Animal Shelter"
(the "Shelter") and'' hich shall be responsible for th e administration and opera ti on or the Shelter
and the Facility.
B. LEASE Or SHEL TCR. The Sheller entered into a lease with the County for the
new Facilit) located at 580 Mcintyre Street. Golden CO 8040 I pursuant to a Lease Agreement
effective on August 9. 20 I 0 (the "Lease Agreement"). The Shelter, for the purpose of.
organizing. administe rin g. and operating the central animal facility on the land so leased. v. ill
improve. maintain. and operate the Facilit) as provided herein and as provided in the Lease
Ag reement.
II. POW ERS OF THE SHELTER
A. GENERAL POWERS. The parties hereto agree the Shel ter shall be empowered
v. ith the authority to impro' e. construct. maintain. repair. control. regulate. and operate the
Facilit) \.\ithin Jefferson County. Colorado. as a complete animal shelter for the use and benefit
of the par1ies to this Agreement and their constituents.
B. POWER TO SHELTER ANIMALS AND PROVIDE EDUCATIONAL
PROGRAMS. The principal purposes of the Shelter are (I) to retain in temporary custody and to
pro' ide for the subsequent adoption or disposition of animals taken into possession by the
respecti\ e governing bodies or animals tendered to the Shelter by residents of the respecth e
governing bodies. and (2) to prO\ ide educational, volunteer and related programs to individual s
and the comrnunit) to promote responsible pet ownership. As used herein. the term "animals"
shall include, but is not necessarily limited to. dogs. cats. cattle. horses. and all o ther domestic or
wi ld animals or any kind or description.
C. The Shelter shall ha\ e the power to contract with other governing bodies v. ho are
not parties to this Agreement to provide the same temporar) custody. adop ti on or disposit ion
se rvice s provided for the parties.
D. POWER TO ESTABLISH CLIN ICS FOR AN IMAL WELFARC PURPOSES.
In addition to providing temporary custod) for said animals. the Shelter shall have the authorit)
to establish a clinic for the purpose of spaying and neutering animals. or any other animal
'' elfare rela ted purposes as deemed appropriate by the governing Board of Directors (the
"She lt er Board.').
C. POWER TO MAKE CONTRACTS. HIR E. AND FIRE. The parties hereto
further agree the Shelter shall have the authoriry to contract and purchase all necessary supp li es.
equipmenl. materials. and sen ices. including professional se rvices. and further to hire and
discharge employees as deemed necessary to ope rate the Shelter.
F. POW ER TO SET FEES. The fees to be cha rged for se rvice s shall be established
by the Shelter Board. shall be uniform and reasonable. and shall supersede an) fees previously
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established by the respective go' ernmental bodies. Fees for services provided to go' erning
bodies who are not parties to this Agreement and their residents sha ll be set by the Shelter Board
and shall be set to include the costs for opera ti on and maintenance of the Shelter and capital
costs of the Facility.
G. POWER TO LEASE PROPERTY. The parties hereto agree the Shelter is
cmpov.ered to negotiate and enter into a lease of the Facilit)' which is suitable for an animal
facility and additional property if necessar).
IH . BOARD OF DIRECTORS
A. POWER S. All powers. privileges and duties vested in the Shelter shal l be
exercised and performed by and through the Shelter Board. Only parties to thi s Agreement sha ll
be entitled to appoint a Director to serve on the Shelter Board.
B. APPOINTMENTS. Each part) shall designate and appoint one Director to serve
on the Shelter board. Lach Director shall be in regular attendance and participate in Shelter
meetings and acti'v itks. Each Director sha ll sene in accordance with the terms and conditions
set forth by the part) that appointed the Director. Each party rna) also appoint an alternate board
member. The current Directors for the existing animal shelter appointed by the parties shall
continue to sene as Directors on the Foothills Animal Shelter Board after execution of this
Agreement unless any Director is removed by the part)' who appointed the Director.
C. ELCCT ION OF OFFICERS. At the annual meeting of the Shelter Board. the
Shelter Board shall elect from its membership a President. a Vice President (and President pro
tern). a ecretary and a Treasurer. \\hO \\ill assume their office at the annual meeting. These
officers shall sene until their successors ha\e been elected. The officers shall be elected b) an
affirrnati\e vote of at least a majority of the Shelter Board.
D. BYLAWS AND POLICIES AND PROCEDURES. The Shelter Board shall have
the power to promulgate bylaws and policies and procedures which shall establish the
organiza ti onal rules and policies and procedures for the management and opera ti on or the
Shelter.
IV. CAPITAL IMPROVEMENT FUND
The Shelter shall establish a capital irnprO\ ement fund equal to a minimum of Five
Hundred TI1ousand Dollars ($500.000) ( .. Minimum Threshold .. ) using the surplus revenues
gene rated by either the operation of the Shelter or the Dog Licensing Program or by funds
transferred from the Foothills /\nimal Foundation. a Co lorado non-profit corporation (the
·'Foundation'·). The uses to which said fund may be put include. but are no t necessarily limited
to. replacement of capita l equipment. procurement of new capital equipment. and improvement
or expansion of the Facilit). If funds are used from the capital improvement fund. the capital
improvement fund shall be returned to the Minimum Threshold as soon as funds become
a\ailable but within no more than a l\'-0 year period from the date the fund fell beiO\\ the
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Minimum Threshold. The Shelter Board ma) adjust the Minimum T hreshold above $500.000 on
an annual basis if approved by a t\\0-thirds vote of the Directors. Any adjus tment of the
Min imum Threshold below $500.000 shall only occur by amendme nt to this Agreement.
V. CONT ING EN CY /E MERGE NCY FUND ES TABLI SHED
The Shelter shall establish a contingcncy/emergenc) fund ""ith a minimum of three
months of operating expenses as calculated from the prior }ear (''Minimum Balance .. ). The
money for said fund may be generated from transfers from impoundment. boarding and adoption
fees. investment income. donations, grams or other incidental sources of revenue. Said
contingency fund shall be used to defray the costs of unanticipated operating expense shortfall.
If funds arc used from the contingency emergency fund. the contingency/emergency fund shall
be returned to the Minimum Balance as soon as funds become ava il ab le but within no more than
a two year period f rom the date the fund fell below the Minimum Balance.
VJ . BUDGET
A. BUDGET PROCESS. Each )Car. the Shelter shall prepare a preliminary budget
and submit said budge t to the Shelter Board. The budget shall contain detailed estimates of the
operating costs of the subsequent year. The preliminaf) budget shall be approved by the Shelter
Board on or before September 30th of each yea r. The app roved preliminary budget shall be
subm itted to each of the governi ng bodies of th e pa rties he reto as soon thereafter as possible.
B. The final budget shall then be appro,ed by the Shelter Board and certified b) the
sccretaf) and treasurer of the Shelter Board. A final budget shall be submitted to each of the
go\ erning bodies of the parties no later than December I Sth of each year that this Agreement is
in effect.
VJT. FUN DS AND OP ERATIO NS
A. DESIGNATION OF FUNDS. The Shelter and parties agree that the various
mon ies paid to the Shelter from the Dog Licensing Program or any other source. and any monies
generated by the helter. shall be placed into a designated fund. and an) expenses incurred b)
reason of operation of the Shelter shall be paid from said fund.
B. CHOICE OF DEPOSITORY. All monies be longing to the helter or designated
for use by lhe Shelter shall be deposrted in the name and to the credit of the Shelter" ith such
depositories as the Shelter shall from time to time designate.
C. DISBURSEMENT OF FUNDS. The Shelter Board will establish a wr itten policy
for the internal control and monitoring of the expenditure of funds by the Shelter and the type or
method of payment used by the Shelter. The"' riuen policy established by the Shelter Board
shall ensure that the Shelter Board is able to monitor all expenditures by the Shelter.
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D. FISCAL RESPONSIBILITY. The Shelter shall not borrO\\ mone) nor sha ll it
approve an) claims or incur any obligations for expenditures unless there is suffic ient
unencumbered cash in the appropriate fund. credited to the Shelter, with which to pay the same.
The provisions and terms set forth in Part 3 of thi s Agreement sha ll not be considered debt o f the
Shelter.
VIII. BOOKS AND RECORDS
A. RECORD KEEPING. The Shelter shall maintain adequate and correct accounts
of its funds. properties. and business transactions. \\ hich accounts sha ll be open to inspection at
an) reasonable time by the panies heret o. their attorneys. or their agents.
B. ANNUAL AUDIT. The Shelter shall cause to be conducted an annual audit
within 90 days aficr the end of the fiscal year. The Shelter fiscal year shall be from January 1 ~1 to
December 31 '1• Such audit shall be conducted b) an independent certified public accountant.
registered accountant. or partnership. or certified public accou ntants. or registered accoumants
licensed to practice in the State of Colorado. rhc Shelter shall tender a cop) of said audit to the
governi ng bodies of the respective parties hereto.
I X . REPORTS
A. ANNUAL REPORT. By June 1 ~1 of each year the Shelter shall prepare a
comprehensive annual report o f the Shelter's activities and finance s during the preceding year
and tender a cop) of the annual report to the gove rning bodies of the respective parties hereto.
B. REPORTS REQUIRED BY LAW. REGULATION OR CONTRACT. The
Shelter shall also prepare and present such reports as rna) be required b) Ia\\. regulation. or
contract to any authori7ed federal. state. and/or local officials to'' hom such rcpon is required to
be made in the course and ope ration of the Shelter.
C. REPORTS REQUES TED BY Tl IE PARTIES. The Shelter sha ll also render to
the parties hereto. at reasonable intervals. such reports and accountings as the parties hereto may
from time to time request.
PART 2. COUNTY WIDE LICENSING PROGRAM/FUND I NG FOR SHELTER
I. COUNTY-WIDE LICENSING PROGRAM
A. ORDINANCE ADOPTION. Each party shall adopt or ha s already adopted an
o rdinance which establishes a dog licensing program and penalties within its jurisdiction. The
dog I icen si ng ord inance s adopted by the parties shall be consistent with the County ordinance
concerning licensin g of dogs and license lee s: howeve r, each party has discretion to adopt its
0'' n penalties.
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B. ENf-ORCEMENT. Each part} shall be responsible for enforcement of the
penalties for its dog licen sing ordinance within their own jurisdiction. tach party agrees to
actively pursue enforcement of said ordinance.
C. LICCNS ING ADMINISTRATOR DEFINED. The Licensing Administrator is
the entity delegated the authorit) by the panics to issue licenses and collect fees for said dog
licenses on behalf of all parties.
D. DE.LCGA liON OF AUTIIORITY. The parties hereby ha"e delegated authority
to the Count) to be th e Licensing Administrator to issue licenses and collect fees for said dog
licenses on behalf of all parties. A new Licensing Administrator may be appointed b) written
approval of the Shelte r Board. If the Licensing Administrator appointed is not a pa11y. the
Shelte r Board sha ll enter into an agreement with the entity chosen to be the Licensing
Administrator to bind the nev. Licensing Administrator to the terms of this Agreement and any
other tem1s deemed necessary by the Shelter Board.
E. DOG LICENSES. The dog lic enses shall all be identified as ··Coull!) Dog
Licenses.··
H. FUNDS AND OPERATIONS
A. DESIGNATION OF f-'UNDS. fhe Licensing Administrator agrees that all
monies paid to the Licensing Administrntor for the licensing of dogs"' ithin the jurisdictions of
all parties. shall be placed int o a designated fund (the .. Dog Licensing runc.l"") except the funds
due to the Licensing Administrator as provided in Part 2. Article II. Sect ion Band the funds
'' ithdra'' n or retained by the Count) pursuant to Part 2. Article II. Sect ion C.
B. LICENSil\G ADMINISTRATOR" ADM IN ISTRATIVL COSTS. On August
I '1 of each year this Agreement is in effect. the Licensing Administrator shall provide each party
with a sta tement of the Licensing Administrator· s administrative costs directly attributable to the
ope ration ofthe Dog Licen sing Program from Ju ly 1 ~1 thr o ugh June 30th of each year, and the
projected administrative costs for the upcoming year. The Licensing Administrator sha ll retain
the amount of the Licensing Administ rator·s administrative costs n·om the Dog Licensing
Program revenue on a monthl) basis. The Licensing Administrator shall be entitled to payment
for the cost of. at a maximum. two full time employees including sa lar). benefits and O\erhead.
The Licensing Administrator employee positions sha ll be Administrath e Specialist I or II
positions as current I) defined by the Count) or cquh alent positions. An) future staffing needs.
beyond those current I) listed above. require approval of the Shelter Board. The Licensing
Administra tor shall also be entitled to the cost of tags. maile rs (for new tags and renewals).
postage. printing. maintenance/updates of dog I iccn sing software and miscellaneous office
suppl ie s, and any o ther costs directly attributable to the ope rati on of the Dog Licensing Program.
C. DISBURSEMENT OF FUNDS FOR 2012. The parties ha\e each paid an
assessment to the Shelter for the 2012 Budget Year as a contribution to the ope ratin g costs and
capital impro' ement costs of the Shelter. The Count}. as the current Licensing Administrator
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shall "'ithdra\o\ funds from the Dog Licensing Fund to pay that portion of the debt serv ice on the
COPs for 2012 attributable to the portion of those proceeds used to fund the construction of the
Facility. The County, as the current Licensing Administrator, sha ll retain funds in the Dog
Licensing Fund to pay the County's estimated administrative costs and expenses for acting as the
Licensing Administrmor through December 3 1. 2012. T he remainder of the funds in the Dog
Licensing Fund shall be paid over to the Shelter to be used first to meet the requiremems for
funding the Capital lmpro' ements Fund and Contingency/Emergenc) Fund and the remainder
shall be allocated as determined b) the Shelter Board.
D. Dl BURSCMENT OF FUND AFTER 2012. Except for the funds retained b)
the Licensing Administrator eac h month for its administrative costs and expenses as provided in
Part 2. Article II. Section 13. the funds contained in the Dog Licensin* fund sha ll be paid to the
Shelter by the Licensing Administrator on a monthly basis o n the I Ot 1 of the following month as
a co ntributi on from the par1ies toward the opera tin g cos ts of the Shelter or capi tal improvements
o r maintenance costs of the Shelter as approved by the Shelter Board.
Ill. BOOKS AND RECORDS
RECORD Kf:.CPING. The Licensing Administ rator shall maintain adequate and correct
accounts of the funds." hich accou nt s shall be open to inspection at any reasonable time by the
parties hereto, their attorneys. or their agents.
IV. REPORTS
A. DEfiNITIONS.
I. Reporting Penod shall mean the period between Jul) 1'1 to June 301
h of
each subsequent )ear.
2. ./uri'ldiction-The Juri sdiction of each party who is a city shall mean the
area within its municipal boundaries. For Westminster and Arvada Jurisdiction shall include the
area v.•ithin their municipal boundaries that is within Adams County and Jefferson Cou nty. The
Jurisdiction for the County shall be the unincorporated area of the Count).
3. EMimated Dog Population for a part) shall mean:
a. the estimated percentage of Colorado households harboring one or
more dogs. obtained from the most current data published by the
American Veterinary Medical Association {the ··Source .. ): multiplied
by
b. the number of households in a party's Juri sdiction, as rep orted in the
most current publication by the State Demographer·s Office:
multiplied b)
c. the average number of dogs per household for each household v. ith a
dog. obtained from th e most current Source using th e data for
Colorado.
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4. Compliance Rate shall mean the rate calculated by dividing
a. the number of licenses issued for dogs residing in a party's
Jurisdic tion during a one year Reporting Period by
b. the Estima ted Dog Population in each party's Jurisdiction for the
same Reporting Period.
B. ANNUAL REPORT. B} August I'' of each year. the Licensing Administrator shall
prepare and present to the Sheller Board an annual report of the number of dogs licensed during the
prior year in each party ·s Jurisdiction. the estimated household population of each party's
Jurisdiction as reported in the most current publication by the State Demographer's Office. the
Compliance Rate for each party's Jurisdiction and the funds collected during the prior year. A
sample of the report format is atlached as Exhibit A.
C. REPORTS REQUESTED BY T HE PARTIES. The Licensing Administrator
shall also render to the parties hereto. at reasonable intervals. such reports and accountings as the
parties hereto may from time to time request.
V. R EVI E W OF REVENUES AN D J URJ S DJ C TI O COM PLIANCE
A. REV IEW OF REVENUES AND COMPLIANCE BY JURISDICT ION. If during
the reponing period ending June 30, 20 12, there is less than twenty per cent (20%) com pi iance
by the res idents in a party's .Jurisdiction. the respective party shall pay to the Licensing
Administrator for placement in the Dog Licensing Fund an amount equal to the difference
betv.een the funds that the Dog Licensing Fund would have received if there was twenty per cent
(20%) compliance at the spayed dog licensing rate and the amoum of dog license fees actually
collected from the residents of that party's Jurisdiction.
The l"\enty percent (20%) Compliance Rates set forth above shall be defined as the
Minimum Compliance Rate for the repo 11ing period end ing June 30. 2012. When the annual
report is distributed at the end of the next reporting pe riod and every year thereafter. a new
Minimum Comp liance Rate shall be set fo r the following year if the Minimum Compliance Rate
was exceeded by all the parties. I fall the parties' Jurisdictions exceed the Minimum Compliance
Ra te according to the annual report. the new Minimum Compliance Rate for the following year
shall be the Compliance Rate of the party v.ith the lo\\est Compliance Rate. If an) pa11y ·s
Jurisdiction fails to meet the Minimum Compliance Rate set for a reporting period. the party
shall pay to the Licensing Administrator for placement in the Dog Licensing l-und an amount
equal to the difference between the funds that the Dog Licensing Fund \\Ould have received if
the Minimum Compliance Rate was met at the spayed dog licensing rate. and the amount of dog
license fees actual I) collected from the residents of that pa1ty"s Jurisdiction.
B. APPROPRIATION AND PAYMENT OF FUNDS. The parties agree to pay the
amounts set for1h in Part 2. Article V. Section A, to the Licensing Administrator for placement in
the Dog Licensing Fund by January 31 ~~o f the }Car folio'' ing v. hich the Annual Report
determined a part) failed to meet the Minimum Compliance Rate. pro\ ided. however. that all
payments by the parties to the Dog Licensing rund pursuant to this Agreement are subject to
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annual appropriation by the parties hereto in the manner required by statu te . It is the intention of
th e parties that no multiple-year fiscal debt or other obligati on be created by this Agreement.
PART 3. REPAYMENT OF DEBT SERVICE FOR CONSTRUCTION OF FAC ILITY
I. BASIS FOR DOG PO PULA TlON
A. BA SIS FOR DOG POPULATION. The basis for the dog population calculation
shall be based upon the Colorado data from the most current Source. Whenever th e dog
population is needed lor computations under this Agreement, the figure used shall be the most
recent available at the time such figure is needed, unless othe1w ise specified herein.
B. DEFfNITIONS. The definitions for Juri sdiction. Reporting Period and Estimated
Dog Population are set forth in Part 2, A1ticle IV.
U . CONTRIBUT IO NS TO DEBT SERV ICE FOR COST OF CONSTRUCTING FACILITY
A. CONTRIBUTiONS OF THE PARTlES FOR DEBT SERV ICE ON COPS. 5.2
million dollars of the proceeds from the COPs issued by the County were used to partially pay
the cost for construction of the Facility. The parties agree that each municipal party shall
annually pay an assessment to the County to repay that portion of the debt service on the COPs
attributab le to the portion of the proceeds used to fund the construction of the Facility (the
.. Facility Debt Service .. ) until the COPs are defeased. The Facility Debt Service Schedu le is
attached hereto as E>..hibit A but such schedule may be modi lied if the COPs are refinanced as
provided herein. Each party's annual repayment will be determined as follows:
I. Calculation for the Annual Assessment
a. Determine the Estimated Dog Population for each party's Jurisdiction
as of June 30th of each year.
c. b. Add the Estimated Dog Population for all the parties together to
determine the Total Dog Popula1ion. Determine what percentage each
party's Estimated Dog Population is compared to the Total Dog
Population for all of the parties' Jurisdictions combined (''Dog
Population Percentage'').
Each municipal party shall pay the County a portion of the Facility Debt Service equal to
that municipal party's Dog Population Percentage.
B. ANNUAL DEBT SERV ICE STATEMENT AND INVOICE FOR COPS. By
August I ~~ of each year. the Coun ty shall prepare and present to the Shelter Board and the
governing bodies ofthe parties a statement and invoice of the Facility Debt Service due from
January 1 to December 31 for the upcoming year. each party's Dog Population Percentage and
the total dollar amount due from each party for its portion of the Facility Debt Service.
C. PAYMENT FOR FACILITY FUNDfNG IGA. Pursuant to rhe terms ofthe
Facility Funding IGA. the County shall provide the parties with a report each year stating the
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amount received each year and the balance owing. Section I. D. of the Facility Funding IGA
shall be amended to provide that the final payment on the remaining balance is due on January I.
2015 and shall be divided equally between Arvada, Lakewood, Wheat Ridge. Golden and
Westminster (collectively the "Cities''). The Cities shall make their final payments to the County
no later than January 31. 2015. To the extent the Facility Funding IGA provides that the County
is solei) responsible for the Facility Debt Service on COPs, the Facility Funding IGA is amended
in this Agreement to require participation of all the municipal parties and the County in the
payment of the Facilit) Debt Service in the manner provided herein.
D. APPROPR IATION AND PAYMENT OF FUNDS. The parties agree to consider
for appropriation the amounts computed as set forth above by the first day of January of the year
during which said monies are to be paid to the County. TI1e pa1ties agree to pay the amounts for
the Facility Debt Service to the County by January 31st of the year during which said monies are
to be paid by the County for the debt service. All payments to the County pursuant to this
Agreement are subject to annual appropriation b) both the County and each municipal party
hereto in the manner required by statute. It is the intention of the parties that no multiple-year
liscal debt or other obligation be created by this Agreement.
E. REPORTS REQUESTED BY THE PART IES. The County shall also render to
the other pa~1ics hereto. at reasonable intervals, such reports and accountings as the parties hereto
may from time to time request.
F. REFINANCING. The County shall have the right to relinance the debt on the
COPs if deemed beneficial to the County so long as the amount owed by the municipal parties
for debt service does noL increase due to the refinancing.
PART 4. GENERAL CONTRACT TERMS
l. DEFAULT IN PERFORMANCE
A. In the event any party fails to make the payments to the Licensing Administrator
when due as provided by Part 2. Article V. or payments to the County as provided in Pan 3 or to
perform any of its covenants and unde11akings under this Agreement. the County or any other
party shall cause written no t ice to be given to the governing body ofthe defaulting pany of the
termination of the party's participation in the Agreement, unless such default is cured within
thirty (30) days from the date of such notice. Upon failure to cure said default within said thirty
(30) day period. membership in the Shelter of the defaulting party shall thereupon terminate, and
said defaulting patty shall thereafter have no voting rights as a member of the Shelter at any
regular or special meeting thereto. nor be entitled to representation on the Shelter Board. and said
defaulting party shall thereafter be denied service by the Shelter. FUtther , the Licensing
Administrator shall no longer provide licensing services to said defaulting party. The defaulting
party whose participation is terminated under this section of this Agreement shall forfeit all light.
title, and interest in and to any funds in the Dog Licensing Fund or any right. title or interest in
and to any property of the Shelter to which said party may otherwise be entitled upon the
dissolution of this Agreement. If a party is in default of this Agreement for any reason other than
II
nonappropriation of funds for payment of an assessment to the County or payment to the
Licensing Administrator for placement in the Dog Licensing Fund, termination of the defaulting
pm1y"s participation in the Agreement shall not relieve the defaulting party of the obligation to
make the payments to the County as provided in Par1 3 or the Licensing Administrator for
placement in the Dog Licensing Fund as provided in Part 2. /\r1icle V that were due prior to the
defaulting party"s termination. This Section is not intended to limit the right of any party under
this At,rreement to pursue any or all other remedies it may have for breach of this Agreemenl. A
party \Vho fails to make the payments required by Part 2 or 3 for any reason other than
nonappropriation of funds shall be obligated to pay all costs of collection of said payment,
including reasonable attorneys' fees. A municipal party who fails to make the payments for any
reason other than nonappropriation of funds shall be obi igated to pay interest at a default rate of
I 0% plus all costs of collection of said payment. including reasonable attorneys' fees.
B. PAYMENT DEFAULT/ COPs. In the event any municipal party fails to make
the payments to the County when due other than for non appropriation as set forth in Part 3
Section D that municipal pariy shall be in default. In the event of a payment default or non
appropriation by any of the municipal parties. the remaining municipal parties and County shall
be responsible for the debt service amount owed by the defaulting or non appropriating
municipal party or parties in the same ratio calculation set forth in Part 3 except the ratio shall be
calculated without the defaulting party or parties inclusion in the ratio.
C. PAYMENTDEFAULT/$1.5 MILLION. In the event Arvada, Lakewood. Wheat
Ridge, Golden or Westminster fails to make the payments to the County when due other than for
non-appropriation as set torth in Part 3 Section C the municipal part) who fails to make a timely
payment shall be in default In the event of a payment default or non appropriation by Arvada.
Lakewood. Wheat Ridge, Golden or Westminster. the remaining municipal parties shall be
responsible for the debt service amount owed by the defaulting or non appropriating municipal
parties as provided in the Facility Funding !GA.
II. TERM, RENEWAL AND TERMINATION OF AGREEMENT
A. TERM AND RENEWAL OF AGRCEMENT. This Agreement shall be in full
force and effect for a tenn of 50 years from July I. 2012 or until sooner terminated by two-thirds
of the parties hereto. and the parties entering into this Agreement shall have the option to extend
this Agreement by amending this Agreement pursuant to Part 4. Section 111.
B. CONTINUATION OF SHELTER OPERATION/FEES FOR NON-PARTIES.
All property and animals shall remain in the Shelter under the terms of this new Agreement.
Entities not parties to this Agreement who have animals at the Shelter that were placed at the
Shelter by the entity or residents living within the boundaries of the entity on effective date of
this Agreement shall pay a fee as set by the Shelter Board which may be per animal per day as
long as said animal remains at the Shelter.
C. TERMINATION BY WRITTEN NOT ICE. This Agreement, or any pruty·s
participation in this Agreement. may be terminated effective by written notice from the party or
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parties to the Sheller at least I 80 days prior to January I st of any given year. Any party
terminating its participation pursuant to this provision shall not be entitled to any reimbursement
for said parties' contributions to the County. the Shelter or the Licensing Administrator for
capital costs, assessments or any operating costs previously paid by said party or any dog
licensing fees previously paid by its residents. Such party shall be entitled to be readmitted to
the membership of the Shelter if approved by the Shelter Board and if the terminated party has
paid all dollar amounts the terminated party is in arrears under the terms of this Agreement.
D. TERMINATION WITHOUT REQUJRED NOTICE. In the event that any party
hereto elects to terminate its participation in this Agreement prior to the end of any period of this
Agreement and not in accordance with subsection C ofthis section. such party shall be
considered in default of this Agreement and accordingly shall forfeit its entire contribution to the
Shelter. Upon default. the defaulting pa1ty shall forfeit all privileges and property that such party
obtained as a result of its membership in this Sheller. Should a defaulting party. at some later
date. seek readmission to the membership of the Shelter, such party shall be required to meet the
requirements and contributions of any new party seeking membership pursuant to the terms of
this Agreement.
E. POWERS OF SHELTER UPON TERMINATION BY TWO-THIRDS. Upon
termination by mutual agreement of two-thirds of the parties to this Agreement, the powers
granted to the Shelter under this Agreement shall continue to the extent necessary to make an
effective disposition ofthe property, equipment, and animals under this Agreement. If the
Agreement is tenninated the Shelter and the Count) shall cause the Lease Agreement with the
County to be terminated.
F. STATUS OF LEASED PREMISES UPON TERMINATION BY TWO-THIRDS /
PAYMENT OF SHELTER LIABILITIES. Upon termination of this Agreement by mutual
agreement of two-thirds of the parties hereto. the Lease Agreement shall terminate in accordance
with its terms and improvements thereon located in JeiTerson County, shall revert to Jefferson
County for its usc and ownership. Any cost for liabilities incuJTed by the Shelter during the
termination of this Agreement and as an expense of termination shall be borne by each party to
the Agreement in the same proportion as it is required to contribute to the assessments in Part 3
Section II. whether such assessments have terminated or not except if the debt service on the
COPs is not fully paid. the County shall not pay any part of the remaining Shelter liability and
the propo11ion of each municipal party shall be adjusted to pay the full amount of the Shelter
liability without the County participation.
G. TERMINATION FOR REASON OTHER THAN NONAPPROPRIATION.
Termination of the Agreement for any reason other than nonappropriation of funds shall not
rei ieve the tenninating party of the obligation to make the payments to the Licensing
Administrator as provided in Part 2 or pay the party's assessment to the County as provided in
Part 3.
H. DISBURSEMENT OF FUND UPON TERM TNA TION. If this Agreement is
tenninated. the Licensing Administrator shall first pay the County any monies it holds from the
13
clog licensing revenue. except its costs of administration prior to termination of the Agreement.
to pay the County for the cost of any remaining debt service on the COPs issued to pay for the
cost of co nstructing th~ Facility. The Shelter sha ll pay any funds it holds beyond its expenses
incun·ed prior to the te rmination of this Agreement to the County to cover any remaining cost of
the debt sen ice on the COPSs. This pro\ ision and the provisions of Part 2. Article II. Section B:
Part 2. Art icle V: Part 3. Article II: Part 4. Article I. Section A. 8 and C and Article U .. shall
sun i' e termination of this Agreement.
11 J. A M EN DMENT
This Agreement rna) be amended at any time in writing by agreement of all the pa11ies to
this Agreement except that the Agreement may also be amended as set lor the in Part 4. Section
X.
IV . SEVE RA BILIT Y CLAUSE
If any prO\ isions of this Agreement or the application thereof to an~ part) or
circumstances arc held imalid. such imalidit) shall not aiTect other pro\ isions or applications of
the Agreement which can be given effect v. ithout the invalid provision or application. and to this
end. the prO\ is ions of the Agreement are declared to be severable.
V. C O UN T E RPARTS
This Agreement ma) be signed in counterparts. and each counterpart shall be deemed an
original. and all the counterparts taken as a v. hole shall constitute one and the same instrument.
The Agreement shall not be eiTecti\ e until e>.ecuted b) all parties.
VI. NO T HIRD PA RTY B ENEFIC IARIES
Except as otherwise stated herein. this Agreement is intended to describe the righ ts and
responsibilities of and be tween the parties and is not intended to. and sha ll not be deemed to.
confer rights upon any persons or entities not named ns parties, limit in any v.ay governmental
immunity and other limited liabilit) statutes for the protection of the parties. nor limit the po\vers
and responsibilities of an) Other entity no t a part) hereto. Nmhing contained herein shall be
deemed to create a partnership or joint venture bet\\ een the parties v. ith respect to the subject
matter hereof.
V II. SUPER SED ES AN D A M ENDS PRIOR AGR EEMENTS
This Agreement supersedes and rep laces all prior agreements dealing wi th formation of
the Shelter including but not limited to the Intergovernmental Agreement dated fo r reference
purposes only January I. 1998. and the rntergovernmental Agreement for the County Wide
Licensing Program dated for reference purposes only June 20. 2007 and an) amendments to
those agreements. 1 he Facilit) Funding IGA shall remain in full force and effect except as
amended herein. To the extent Facility Funding IGA says the County is solei) responsible for
14
the Facility Debt Service for the COPs the Facility runding IGA is amended b) Part 3 Article
II (C).
VIII. NONDI SCRI M I NA TORY P O LI C Y
The Shelter shall make its services. facilities. and programs available to all persons
regardless of race. color. age, creed. national origin. se'<. or disabilit)'.
I X. NO GENERAL O BLIGATION IND E BTE DNESS
Because this Agreement \viii extend beyond the current fiscal year. the pnrties understand
and intend that the ob ligation of the parties to pay any costs hereunder constitu tes a current
expense of the parties payable exclusively from the parties' funds and shall not in any way be
construed to be a general obligation indebtedness of the parties within the meaning of any
provision of Article XI of the Colorado Constitution. or any other constitutional or statutory
indebtedness. None of the parties has pledged the full faith and credit of the state. or the parties
to the payment of the charges hereunder. and this Agreement shall not direct!) or contingent!)
obligate the parties to appl) mone) from. or lev) or pledge an) form of ta>.ation to, the pa) ment
of any costS.
X. ,IOI NDE R O F T H E C IT Y O F E DG E WATE R
All parties agree that the City of Edgewater ("'Edgewater'') may become a party to this
agreement by adopting a dog license ordinance in compliance with the terms of this Agreement
and Edgewater's proper!) executing this Agreement in counterpart. Upon Edge\\ater's
execution of a counterpart of this Agreement the parties and Edgev,ater agree that this
Agreement shall be deemed amended "' ith I::.dgewater being deemed a part) to this Agreement
and Edgewater being subject to all the terms and provisions of this Agreement except Edgewater
shall noL be responsible for payment under the Lcrms of the Facility Funding IGA v. ithout
amendment to the Facility Funding IGA as provided therein. Calcu lation for the Compliance
Rate for Edgewater shal l be prorated for the 'first year from the date Edgewater executes the
Agreement until the following June 30th.
15
IN WITNESS WHEREOF, the parties ha\e e\eCuted this Agreement.
ATTEST:
Deput) Clerk and Recorder
APPROVED 1\S TO FORM:
Gay Ummel
Assistant County Attomc)
JEFI-ERSON COUNTY.
STATC O f-COLORADO
By ___ _
Donald Rosier. Chairman
Board of Count) Commissioners
Date:----------
16
AITEST:
City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
CITY OF ARVADA.
STATE OF COLORADO
By ____________________ __
Name & Title: _______ _
Date: -------------------
17
ATICST:
Cit) Clerk
APPROVED AS TO FORM:
Office of the City Attorney
CITY OF LAKEWOOD
STATE OF COLORADO
By ____________________ __
Name & Title:
Date:------------
18
ATTEST:
Cit) Clerk
APPROVED AS TO FORM:
Office of the Cit) Attorney
Cl rv OF GOLDEN
STATE OF COLORADO
By ____________________ _
Name & Title: ------------
Date: --------------
19
ATIEST:
~elk~/ C t Clerk
A~£~
Office of the City Attorney
CITY OF WHEAT RIDGE
STATE OF COLORADO
20
A TI E::ST:
City C ler"
APPROVED AS f O FORM:
Office of the Cit) Attorney
CITY Or WESTM INSTCR
STATE OF COlORADO
By ____________________ _
Name & Title: -------------
Date:------------------
21
ATTEST:
Cit) Clerk
APPROVED 1\ TO FORM:
Office of the City Atlornc)
CITY OF EDGEWATER
STATE OF COLORADO
By __________ _
Name & Title: -------
Date:----------
22