HomeMy WebLinkAboutresolution.council.037-94
f\!-
V;i'
e,
'",.-'.""-. .
<,\
'e
-'
_.1'
~,
/7/\14;
RESOLUTION NO. .51
(Series of 1994)
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN,
COLORADO, AND SETH H. SACHSON D/B/A THE ASPEN PITKIN COUNTY
ANIMAL SHELTER AND BOARDING' KENNEL, SETTING FORTH THE TERMS AND
CONDITIONS REGARDING OPERATION OF THE ANIMAL SHELTER FACILITY,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF
THE CITY OF ASPEN
WHEREAS, there has been submitted to the city Council an
agreement between the city of Aspen, Colorado and Seth H. Sachson
,
d/b/a The Aspen Pitkin County Animal Shelter and Boarding Kennel,
which agreement provides for services regarding the operation of
the animal shelter facility, a copy of which agreement is annexed
hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
section 1
That the City Council of the City of Aspen hereby approves
that agreement between the City of Aspen, Colorado, and Seth H.
Sachson d/b/a The Aspen Pitkin County Animal Shelter and Boarding
Kennel, a copy of which is annexed hereto and incorporated
herein, and does hereby authorize the Mayor to execute said
agreement on behalf of the
Dated: f;~ /6
city of Aspen.
~7.
John S.
, 1994.
(1~
Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting city Clerk do
certify that the foregoing is a true and accurate copy of that
'e',,,.'
\'
~""
I. 'It.. '.
~
i\
@e,'
,>{
'(,
resolution adopted by the city council of theicity
Colorado, at a meeting held ~LL J1z~~
f1
&
2
of Aspen,
71
, 1994.
~
.,
.N....
<"
.
AGREEMENT FOR LEASE AND OPERATION OF THE
ANIMAL SHELTER FOR THE CITY OF ASPEN
THIS AGREEMENT is entered into on rr\(~~ \ So
1994, by and between the City of Aspen, Colorado (hereinafter
"city") and Seth H. Sachson, d/b/a The Aspen Pitkin County Animal
Shelter and Boarding Kennel, whose address is 212 AABC, Aspen,
Colorado 81611 (hereinafter "Operator").
WIT N E SSE T H:
WHEREAS, the City desires to privatize and contract for the
provision of animal shelter and animal care services; and
WHEREAS, Operator desires to provide animal shelter and
animal care services to the City upon the terms and conditions as
set forth below.
NOW, THEREFORE, in consideration of the covenants as con-
tained herein, the City and Operator agree as follows:
LEASE OF PREMISES AND TERM
1. City, as owner of the animal shelter facility located
at the Aspen Airport Business Center, 212 AABC, Aspen, Colorado,
does hereby lease to Operator the ground floor level of said
facility (the "Premises"), including that equipment as specified
on the inventory as attached hereto as Exhibit "B", for the
exclusive use and operation of an animal shelter and boarding
kennel/care facility. The leased Premises is more particularly
i.llustrated on that diagram attached hereto and incorporated
. herein as Exhibit "A".
2. The term of this lease shall be for one (1) year
commencing May 15, 1994, provided it is not sooner terminated as
provided for herein.
3. The lease shall automatically renew for successive one
(1) year terms upon the annual anniversary date of the lease,
unless notice of intent not to renew is provided in writing by
either the City or Operator to the other not less than sixty (60)
days prior to the anniversary renewal date.
4. Operator shall not assign, pledge, sublease or other-
wise dispose of or encumber this lease, or the leased Premises,
without the prior written consent of the City. Operator shall,
likewise, not permit any third party to occupy or use the Premis-
es absent the prior written consent of the city. Operator may
sublease a portion of the leased Premises for a pet grooming and
retail shop. Operator may assign all of his right, title and
(It
@It.....
1\1
'"
~..
\\
"l'!
interest to this Agreement to a Colorado corporation solely owned
by him.
5. city, at its expense, shall keep the roof, structural
parts of floors and walls, and heating, ventilation and plumbing
systems in good and operable condition, and shall make such
necessary repairs to the same not occasioned by operator's
negligence or misuse upon written request to do so by Operator.
city shall also, if necessary, be solely responsible to undertake
such modifications or improvements to the Premises as may be
required at any time in the future by reason of the Americans
with Disabilities Act of 1990. Operator shall not be responsible
for indemnifying City for any actions, civil or otherwise,
brought to enforce compliance by the City with the provisions of
the Americans with Disabilities Act. By executing this Agree-
ment, Operator acknowledges that it has inspected and knows the
condition of the Premises and Operator accepts same as suitable
for its purposes.
6. Operator, at its sole expense, shall keep the Premises,
including outdoor walks and accessways, in good, clean and safe
condition and do all work and repair necessary to maintain same
and to keep it from deteriorating, with the exception of wear and
tear and aging consistent with normal shelter and boarding kennel
use.
7. In the event any taxes are levied and assessed upon the
Premises or upon the improvements, fixtures or personal property
of the Operator during the term of Operator's occupancy of the
Premises, or arising therefrom, or upon the leasehold or posses-
sory interests as created through this lease, Operator shall be
solely responsible to satisfy and pay all such taxes in a timely
fashion. Operator shall not allow any liens for taxes or assess-
ments to exist with respect to the Premises, except that Operator
may permit such taxes or assessments to remain unpaid while
pursuing any good faith contest or appeal of same.
8. Operator agrees to indemnify, defend and hold harmless
city, its employees, officers and agents from and against any and
all claims or suits for property loss or damage and/or personal
injury or loss, including death, to any and all persons, whether
real or asserted, arising out of or in connection with the
Operator's leasing, maintenance, use or occupancy of the Premis-
es. Operator shall, likewise, indemnify City for all injury or
damage to the Premises or equipment arising from the use, occu-
pancy or maintenance of same, whether caused by Operator, its
employees, agents, or invitees, or other third persons. Nothing
herein, however, shall be construed to impose liability or
2
,lit'....
~
~
~
\.
(e
responsibility upon Operator for the negligent acts or omissions
of the city or its employees.
9. Operator agrees to furnish City with certificate(s) of
insurance as proof that it has secured and paid for a policy of
public liability insurance covering all public risks related to
the leasing, use, occupancy, maintenance, operation or location
of the Premises. The insurance shall be procured from a company
authorized to do business in the state of Colorado and be satis-
factory to City. The amount of this insurance, without co-
insurance clauses, shall not be less than the maximum liability
that can be imposed upon the city of Aspen under the laws of the
state of Colorado found at C.R.S. section 24-10-101 et sea., as
amended. At present, such amounts shall be as follows:
$150,000.00 for any injury to one person in any single
occurrence;
$600,000.00 for any injury to two or more persons in
any single occurrence.
In no event shall such insurance amounts fall below those
maximum liability limits as set forth at C.R.S. section 24-10-
114, as amended.
10. During the full term of this lease, Operator, at its
sole cost and expense, shall also cause all the Premises and
improvements on the Premises to be kept insured, without co-
insurance clauses, to the full insurable value against the perils
of wind storm, hail, lightning, explosion, fire and like perils.
"Full insurance value" means the cost, as of the date of loss,
for replacement of the damaged or destroyed property in a new
condition with materials of like size, kind and quality. The
insurance shall stand as primary insurance for the Premises and
be procured from a company authorized to do business in the State
of Colorado and be satisfaotory to the city. All policies as
required herein shall contain a waiver of subrogation by the
insurer against City.
11. If, absent negligence or fault on the part of Operator,
the Premises shall be damaged by fire or other catastrophe so as
to render said Premises wholly untenantable, and if such damag",
is so great that a competent licensed architect in good standing
in Pitkin County, Colorado, as selected by the city within four-
teen (14) days from the date of loss, shall certify in writing to
the city and Operator that the Premises, with reasonable dili-
gence, cannot be made fit for occupancy within ninety (90) days
from the happening of the occurrence of the damage, then this
Agreement may terminate and city may re-enter and take posses-
3
It
,lIe..
IW
\i,
~,~
.
-- --
sion. Such a termination of the Agreement shall not forgive
Operator's obligations to return the Premises to City in as good
repair as when Operator originally assumed possession thereof,
regular and ordinary wear and tear excepted. Alternatively,
Operator shall subordinate its rights and interest in any insur-
ance proceeds as provided for in any insurance policy as required
by this Agreement. If, however, the damage is not such as to
prevent reoccupation and use of the Premises within ninety (90)
days, then repairs thereto shall be undertaken by Operator with
all reasonable speed to restore the Premises to its former condi-
tion and the Agreement shall remain in effect. Operator's duties
and obligations to provide services to the City as herein set
forth shall be suspended during those time periods wherein the
Premises are unfit for normal business activities due to fire or
other catastrophe, and/or repair activities associated therewith.
12. Operator shall name City as co-insured or additional
insured on all insurance policies and such policies shall include
a provision that written notice of any non-renewal, cancellation
or material change in a policy by the insurer shall be delivered
to City thirty (30) days in advance of the effective date.
13. Operator, upon city's written consent, may, at its own
expense, make reasonable and necessary alterations or improve-
ments to the Premises. All alterations, additions and improve-
ments shall be performed in a workmanlike manner, in accordance
with all applicable building and safety codes, and shall not
weaken or impair the structural strength or lessen the value of
the Premises. All alterations, additions and improvements made in
or to the Premises shall be the property of City and remain and
be surrendered with the Premises upon termination of this lease.
Operator agrees that prior to any construction or installation of
alterations, additions or improvements, Operator shall post on
the Premises in a conspicuous place notice of non-liability for
mechanic's lien as specified at C.R.S. section 38-22-105 on
behalf of city and shall notify City of such posting and the
exact location of same. Perfection of a mechanic's lien against
the Premises as result of operator's acts or omissions may be
treated by city as a material breach of this lease.
14. City reserves the right, from time to time, at its own
expense and by its officials, employees and contractors, to make
such alterations, renovations or repairs in and about the Premis-
es, other than those noted above as required by Operator, make no
claim against city for any interference with its interest as
herein provided in the Premises. City shall provide reasonable
notice to Operator in advance of any intent to undertake alter-
ations or repairs as authorized in this paragraph and all work
shall be performed at such times as mutually agreed to between
4
e.'
~...
'4,\
"'''-
II
~..
~A.
~!.
the parties so as to eliminate or minimize any disruption of
Operator's business.
15. If during the term of this Agreement, or any renewal of
it, the whole or part of the Premises, or such portion as will
make the Premises unusable for the purpose leased, or the lease-
hold interest, be condemned by public authority, including City,
for pUblic use, then this Agreement shall cease as of the date of
the vesting of title in the Premises in such condemning authori-
ty, or when possession is given to such authority, whichever
event occurs first. Operator shall not be entitled to any part
of any condemnation award for the value of the unexpired term of
this Agreement or for any other estate or interest in the Premis-
es, such amount belonging entirely to city.
16. As and for consideration of the terms and conditions
set forth herein, Operator shall pay an annual rent to the City
in the sum of One Dollar ($1.00), in addition to faithfully
providing all services .as delineated hereinbelow under the
"Animal Shelter and Care Services" section of this Agreement.
Operator shall also payor reimburse city the costs of utility
services provided to the Premises. At the time of the execution
of this Agreement, the building housing the Premises is not
served by multiple utility meters, hence, Operator and city agree
to share the costs for each utility service on a 50-50 basis
until such time as separate meters are installed. As individual
meters are installed, Operator shall arrange to have the utility
services placed in its name and shall thereafter bear the total
cost of the given utility service(s) to the Premises. Operator
and City further agree that Operator shall pay the cost of the
meter installations, up to a maximum of Seven Hundred Fifty
Dollars ($750.00), inclusive of all meter installations. All
utility costs for the Premises shall be due and payable upon
presentation of same to Operator.
17. Operator agrees that it will, at the end of any lease
term, peaceably deliver to city the Premises, and all equipment
as provided for hereunder, in as good state of repair and in a
vacant, unencumbered, clean and tenantable condition.
MUNICIPAL ANIMAL SHELTER AND CARE SERVICES
18. As and in consideration for the use and occupancy of
the Premises and equipment as specified hereinabove, Operator
agrees to assume the operational responsibility and management of
the Aspen Animal Shelter ("Shelter") under the terms and condi-
tions as contained in the attached Municipal Animal Shelter and
Care Services policies and Procedures Manual (Exhibit "C"), which
is fully incorporated herein. The policies and procedures as
5
~~
~
.
~~
..
e
Ii .
Ii"-
'.\c::,
contained in said manual may be amended from time to time as
deemed necessary by city. Operator's failure to accept or adhere
to modifications in the policies and procedures as specified by
city may cause this Agreement to be terminated by either city or
operator as hereinafter provided.
PRIVATE BOARDING AND CARE SERVICES
19. In further consideration of the municipal animal
shelter and care service to be provided city as described above,
Operator shall be permitted to operate a private animal boarding
and care service within that portion of the Premises as illus-
trated on Exhibit nAil attached hereto. Such private boarding and
care services shall comply with all licensing and animal care
standards as set forth under any federal, state or local law.
20. Operator shall completely segregate its private animal
boarding and care services from those municipal shelter services
as it shall provide city under the terms of this Agreement.
Operator shall not cominglefunds, records, supplies, equipment,
or services between its private operation and the municipal
shelter operations as described above. At no time shall Operator
house its privately boarded animals with animals housed pursuant
to the municipal shelter provisions contained in this Agreement.
21. Operator acknowledges and agrees that city shall have
no responsibility for, or liability arising from, the operations
of Operator's private animal boarding and care services, and
Operator shall hold harmless and defend the City from all claims
as may arise form the operation of the private animal boarding
and care services.
MISCELLANEOUS
22. If Operator shall fail to timely comply with any of the
terms or conditions of this Agreement or any notice given under
it, or shall become insolvent, or shall have or attempt to make
an assignment for the benefit of creditors, or if any of its
property be attached and such attachment is not promptly re-
leased, or if an execution be issued against it, or, if a peti-
tion be filed by or against it, to have it adjudicated a bank-
rupt, or if a trustee or receiver shall be created or appointed
to take charge of its assets, or it if shall abandon the premises
for a period of more than seventy-two (72) hours, then at any
time afterwards City may treat such act or omission as a breach
of this Agreement and, at its option, enter into the Premises and
remove all persons and take and retain possession thereof either
with or without process of law.
6
tA
\IIJ'
e
#:
\"-'.
'c;"..
(e
23. Any breach, default or failure by operator to perform
any of the duties or obligations assumed by Operator under this
Agreement shall be cause for termination of the Agreement by city
in the manner set forth in this paragraph. City shall deliver to
operator thirty (30) days prior written notice of its intention
to terminate this Agreement, including in the notice a reasonable
description of the breach, default or failure. If within that
thirty (30) days operator shall fail or refuse to cure, adjust or
correct the breach, default or failure to the reasonable satis-
faction of city, the City shall have the right to declare this
Agreement terminated and all rights, powers and privileges of
Operator as provided through the Agreement shall cease, and
Operator shall immediately vacate the entire Premises and shall
make no claim of any kind against city by reason of the termina-
tion. The thirty (30) days' prior written notice shall be
conclusively determined to have been delivered to Operator by the
posting of same upon the main business entrance to the Premises,
or at the time it is deposited in the u.s. Mail, certified,
postage prepaid, addressed to Seth H. Sachson, 212 AABC, Aspen,
Colorado 81611, or such other address as previously designated in
writing by operator. '
24. Any failure by City to so terminate this Agreement as
herein provided after the breach, default or failure by Operator
to adhere to the terms of the Agreement shall not be deemed or
construed to be waiver or continuing wavier by city of any rights
to terminate the Agreement for any present or subsequent breach,
default or failure.
25. Operator may terminate this Agreement and be relieved
of all obligations hereunder by providing city thirty (30) days
written notice of its intent to terminate.. upon receipt of such
notice, City may participate in the operations of the Shelter
with Operator to accommodate the transition of Shelter management
from Operator to the City. Operator shall provide a full accoun-
ting of all funds, costs and equipment upon termination.
26. Except as provided for in paragraph 5 above in regard
to the Americans With Disabilities Act, Operator agrees to comply
with all laws, ordinances, rules and regulations that may pertain
or apply to the Premises and its use. In performing under the
Agreement, Operator shall not discriminate against any worker,
employee or job applicant, or any member of the public, because
of race, color, creed, religion, ancestry, national origin, sex,
age, marital status, physical handicap, affectional or sexual
orientation, family responsibility or political affiliation, nor
otherwise commit an unfair employment practice.
7
e
fA.
\.
"e
f:il
'%.
~.
27. operator shall be fully responsible for the payment of
all contributions and deductions required of employers by federal
and state laws for social security, unemployment and withhold
taxes, and for contributions for unemployment compensation, and
shall maintain worker's compensation and liability insurance for
all eligible employees. Operator's employees shall not be
employees of the city.
28. Whenever this Agreement calls for or provides for
notice and notice is not otherwise specified, the same shall be
provided in writing and shall be served on the person(s) as
designated by the parties below, either in person or by certified
mail, postage prepaid and return receipt requested:
For City:
Aspen city Manager
130 .south Galena street
Aspen, Colorado 81611
For Operator: Seth H. Sachson
212 AABC
Aspen, Colorado 81611
The parties may change or add such designated person(s} or
addresses as may be necessary from time to time in writing.
29. All of the terms and conditions as contained in this
Agreement shall inure to the benefit of and be binding upon the
successors and assigns of the parties.
30. This Agreement shall be enforced and interpreted in
accordance with the laws of the State of Colorado. Any action
brought to enforce or interpret this Agreement shall be brought
in the District Court in and for Pitkin County, Colorado. In the
event of litigation between the parties concerning this Agreement
or matters arising therefrom, the prevailing party shall be
awarded its costs and reasonable attorney's fees.
31. This instrument constitutes the entire agreement by the
parties concerning the Premises and shall supplant and superseqe
any previous agreements between the parties pertinent to the
Premises. Any prior or contemporaneous oral or written agreement
that purports to vary from the terms as set forth herein shall be
void and of no effect.
32. Except as otherwise provided herein, this agreement and
all of this terms and conditions may not be amended or modifieq
absent a written agreement duly executed by the parties.
8
(e
-.
\.
(~
.
WHEREFORE, the parties, through their duly authorized repre-
sentatives, have executed this lease upon the dates as set forth
above.
-S-JS/1-V
Date I '
ATTEST:
S/!~ Iq4
Date
CITY OF ASPEN, COLORADO
By: ~ 7. t7~-
John S. Bennett, Mayor
OPERATOR:
By:~~1t~~~
S th H. achson
d/b/a The Aspen Pitkin County
Animal Shelter and Boarding
Kennel
9
(
, (
((
Ir
.-~.~_ '_. ,c.._~,~.,
t:
. .. . ' --~"'- "~'..
H-~Cl
r
I\f
'!
l(eV1fJe J 5
r lO
: I
,
,
;
"
:'- - --- - -- - - -
I , J I I I I I
I
tit
.
k'ennel5
t'--
C ..+ ill Vl ~
Q::: - h ~i
I (:r ~!:~
" C AT I 3' ~
.' !GoO"" I _
I '-
I~
tr
,
- - I
I 1 1
" i- --
, - - - --
i I
I
I I -
:1
i ,
i ,
! I
i ,
I
V
~
~.
!(e IV1" I :,
e,::::-=---:.:;;..;.-.::=~
- '~"'='~~...... --.,
I<€'nnels
ill
. f
, "
i r
,
, i
I I H
,!
" .. -.~-. ,;
, , I I !
,
i"- I:..
kennel:,
<il
<J
. -
I~
..
,
~ I I I: I~ Gl-
J yo
~ '0
,
,!
~. - .. ~"" ' =--}",;,.-
._. ......-. ..
f ,
i~ ,
l
~ ,
\ i
! ,
~.
~
~
r
[
fI
.
EXHIBIT A
tA
'.
e
.
-
(C
(c
APRIL 1,1992
INVENTORY AT THE SHELTER
STAINLESS STEEL FEEDING BOWLS
12 MEDIUM SIZE
2 LG BUCKETS
8 LARGE WATER
12 EXTRA LARGE
11 SMALL CAT SIZE
22 SMALL OLD BOWLS
25 PLASTIC BOWLS SIZE
1 LG CARD SIZE 2 DRAWER
1 2 DRAWER WITH SAFE
1 DESK
1 LARGE FOLD-UP TABLE
1 DESK CHAIR
2 VINYL COVERED CHAIRS
6 TRASH CANS 2 COVERED 1 LG GARBAGE
] OLD
4 SETS OF VINYL SHADES
2 SETS OF CURTAINS
1 MICROSCOPE
2 ] LINE PANASONIC PHONES
1 NEW PANASONIC N1SWERING MACHINE
FILE CABINETS
OTHER OFFICE EQUIPMENT
.
1 DATA GENERAL COMPUTER
1 PRINTER
1 UNDER COUNTER FRIDGE
2 PRICE BOARD SIGNS
1 WHITE BLK BOARD
KENNEL EQUIPMENT
11 COLLARS
1 LARGE WET AND DRY VACUUr1 WITH
] EXTRA HEADS
12 BOWL HOLDERS
5 BROOMS
1 LARGE PUSH
2 GLASS CLEANING TYPE BROOM
2] FIBERGLASS PALLETS
2 RETRACTABLE LEASHES
4 HOSE NOZZELS
5 HOSES
] BOTTLE ATTACID1ENTS FOR HOSES
] HANDSOAP DISPENSERS
1 LARGE METAL FRAME SHELVING UNIT
10 LARGE CAT CAGES
6 SI~_LL CAT CAGES
] CAT CARRIERS
1 LG DOG AIRLINE KENNEL
1 SMALL SEARS VACDLn1
1 FIRST AID KIT
] MEDIUM SIZE RIBBERMAID FOOD
CONTAINERS
2 L.lillGE RUBBER/-f.AID FOOD CONTAINERS
1 CAT GRABBER
EXHIBIT B
((
(c
08
~...
\\
\\-
1 CATCH POLE
1 PAIR LEATHER GAUNTLET GLOVES
2 PAIRS OF RUBBER BOOTS
1 RUBBER HEAVY DUTY MAT
1 ENTRYWAY RUG
3 BOXES OF DOG VACINES
1 RAKE
1 SHOVEL
2 STES OF POOPER SCOOPERS
4 DUST PANS
3 PAPER TOWEL HOLDERS
1 WALL MOUNTED Cfu~ OPENER
1 FLOOR SQUEEGY
2 SETS OF WALL MOUNTED SHELVES 3
tit
(A.
'II'
ltA
:\.,
tA.
.,
lA..
\-
~ I I - _I',. I~ ~_ y.
~ G
,
r!
~. .~. -+-;-.,.~.=-I-",.. .-. _.-' ~ ---
f
El -
r~
g: ,
;
-\ , 1
f.i ~.
~{
( .
tr
..~._- .-. ......,......
'::<-~.~
i~
1(€V1M /5
- - L
f I
i
,
.
;.
'i
:;~ - --- - -- - - -
1 I J I I I I I
I
K'eYlYl,,1 s
,
L I - I
I 1 . 1
1
; - :-. -
;- - - -
\ I
,
I I ,
I
J ,
!
I
! I ,
i
i ,
i
"
L
!(e hl'1 " I s
E:::-=-----=...p--=__
__ .~:e..""'~ __..
~
1("I'1""}s
,
, ~I
-.
;j
, ',I
f
i ,
, II
I !.1
.I
\
" - "'-.--.~
I I I I I'
, )
i b
'",
kennel:,
Ii
EXHIBIT A
- -
(-/
, I
L:
-r
)
.,
.
c ..+ill VJ ~
~~, ~ l~.;..~
'CAT 13' rt
.' /200"'" I _
I '-
,\5!
~, 14= -E
L~ II t
'S ~
o <:r'" i
a \YJi
G:{ cr ff1
{L~ ~31;,1
~LJil. '~Iil
I' ~~-__' ". ",.,.. .~J
1) ,iHk ~r;
- ,
cJ
<J
. -
GI-
1
e
.
'W'
~,_.
,
\:::,
';''-'
MUNICIPAL ANIMAL SHELTER
AND CARE SERVICES
POLICIES AND PROCEDURES MANUAL
(May, 1994)
This manual has been prepared as a guide for the operation
of the Aspen Municipal Animal Shelter and the provisions as
contained herein shall govern those activities and procedures as
specifically provided for.
TERMS
"City" shall mean the city of Aspen, its officers and
employees.
"Operator" shall mean that person or entity charged with the
operational responsibility for the Aspen Municipal Animal Shel-
ter.
"Shelter" shall mean that portion of the building at 212
AABC, Aspen, Colorado, that houses the Aspen Municipal Animal
Shelter.
POLICIES AND PROCEDURES
1. Operator shall accept for impoundment, boarding and
care, without fee or charge, all animals brought to the Shelter
by the City, and/or any dog or cat abandoned, found at-large, or
to be surrendered for adoption, as presented by any citizen,
except that operator may charge a fee of Thirty Dollars ($30.00)
for every animal presented by a citizen for surrender and adop-
tion.
2. The Shelter shall be open to the public not less than
eight (8) hours per day Monday through Friday, and not less than
four (4) hours per day on weekends, holidays excluded.
3 .
necessary
operate a
Operator
federal,
boarding
shall secure
state and/or
kennel.
and maintain at all times all
local licenses required to
4. Animal enclosures shall be maintained in a sanitary and
structurally sound condition and provide enough space to allow
normal postural movements for all ahimals housed therein.
5. Animals housed in the same enclosure shall be. main-
tained in compatible groups. Females in season (estrus) shall
not be enclosed with or in near proximity to males. Animals
exhibiting a vicious disposition shall be physically segregated
EXHIBIT C
fa...,..
~..
\II
ea.
~.
from other animals. Puppies and kittens shall be segregated from
adults when deemed necessary. Dogs shall not be enclosed with
cats. Any animal displaying symptoms of disease or injury, or
subject to quarantine, shall be physically segregated from other
animals until such time as the animals's condition is diagnosed
and it is determined that the animal may be maintained in the
general shelter population. The health and condition of all
animals shall be regularly monitored and written records shall be
maintained of sick or injured animals.
6.
part of
shelter
No privately boarded animal shall be housed in that
the Shelter utilized by the operator for municipal'
purposes.
7. All dogs shall be provided reasonable and regular
outside exercise on a daily basis.
8. Animal wastes shall be removed from kennel enclosures
as often as is necessary to prevent contamination and to reduce
disease hazards and odors. All enclosures shall be washed at
least daily, or at such more frequent intervals so as to maintain
a disinfected and sanitary environment. Animals shall be removed
from their enclosures during cleaning and shall remain clean and
dry. Water and food containers and other utensils and equipment
shall be washed as often as is necessary to maintain them in a
sanitary and clean condition utilizing generally accepted clean-
ing methods. Animal.wastes shall be stored and disposed of ina
timely and sanitary fashion. Community safety officers shall be
notified immediately of all deceased animals, who shall thereaf-
ter arrange for the autopsy or disposal of the remains.
9. Animals shall be fed no less than once a day and shall
be provided clean drinking water at all times, except when
dir.ected otherwise by a veterinarian. Food shall be of a suffi-
cient nutritive quality and quantity to meet the normal daily
requirements for the condition and size of animal. Refrigeration
shall be provided for perishable food and all food shall be
appropriately stored.
10. All indoor enclosures shall be adequately heated when
necessary to protect animals from the cold and to provide for
their health and comfort. All enclosures shall be adequately and
regularly ventilated with fresh air and the ambient indoor
temperature shall not exceed 850 Fahrenheit. Artificial lighting
shall be provided for a minimum of eight (8) hours per day. Such
lighting shall provide a minimum of 25 foot candles illumination
30 inches above floor level and shall be uniformly distributed.
Excessive illumination shall be prohibited.
2
<It
fA..
~.,
,It.
y
~,
11. City shall, at its cost and expense, provide for weekly
visits and inspection of the Shelter and housed animals by a duly
licensed veterinarian. Veterinarian services and medical expens-
es associated with the care of the animals housed in the Shelter
shall be the responsibility of the city. operator shall faith-
fully perform and adhere to all treatment, care and medical
direction provided by a veterinarian in the care and housing of
sick or injured animals. Operator shall immediately report to
the city any ill or injured animal so that appropriate examina-
tion and treatment may be arranged.
12. operator shall not euthanize any animal. All euthani~
zations shall be the responsibility of the City, including the
payment of all costs associated therewith, and shall be performed
by trained personnel utilizing humane methods of injection. All
animal remains shall be humanely handled and disposed of. A
written record identifying the animal, its physical condition
prior to death, and date of euthanization shall be prepared and
maintained for every animal euthanized.
13. Operator shall adhere to the following adoption and
redemption policies for all animals brought to and released from
the Shelter:
a. Abandoned and stray animals without owner iden-
tification and available for adoption shall be housed in the
Shelter pending adoption for three (3) weeks. Abandoned and
stray animals shall be deemed available for adoption after five
(5) days of its admission to the Shelter if the animal originated
in the City, and after eight (8) days if the animal originated in
the County. If an animal has not been adopted within the three
(3) week holding period, Operator shall contact the Volunteer
Coordinator for the pitkin Animal Welfare Society ("PAWS"). PAWS
will be allowed forty-eight (48) hours to secure a placement for
the animal in a permanent or temporary home. Failing placement
of the animal, it may be euthanized and humanely disposed of.
b. Animals surrendered to the Shelter by their owners
shall be available for adoption immediately unless the animal is
deemed to be unadoptable, in which case the owner of the animal
shall be advised at the time of surrender that the animal will be
euthanized. Surrendered animals which are adoptable shall be
housed pending adoption for three (3) weeks. If after three (3)
weeks the animal is not adopted, PAWS will be notified for
placement as described in paragraph "a" immediately above, and
the same procedure as provided for therein shall be followed.
3
~'_..
,
*,
\~
~.
;-
(It
c. No animal shall be released for adoption without
having received standard vaccinations. All adopted animals shall
be duly licensed.
d. Operator shall ensure that all animals adopted
from the shelter have been spayed/neutered prior to adoption
whenever possible. operator is allowed to release unspayedjun-
neutered animals from the shelter only upon written request by
the new owner.
e. All owners seeking to redeem their animal shall
first be referred to the Aspen Police Department for issuance and
receipt of any animal control violation citation. Owners shall
not be permitted to redeem their animal without first providing
Operator written authorization from the Aspen Police Department.
f. Operator shall charge, collect and retain the
following fees from owners for the housing and adoption of
animals:
Impound Fees:
city - $50.00 plus $10.00jday
County - $15.00 plus $10.00/day
Surrender Fee: $30.00/animal
Adoption Fees (inclusive of licenses):
Dogs/cats - $50.00
puppies/kittens - $35.00
These fees may be amended at any time by City upon
written notice to Operator.
14. Operator shall maintain up to date and complete records
of the impoundment, surrender, adoption, release and death of all
animals housed in the Shelter. Every animal shall be documented
as to breed/species, color, size and weight, and sex; evidence of
ownership; approximate age and physical condition/health of
animal upon admission, adoption and release/death; date of
admission, adoption, release/death; name, address and telephone
number of any owner and/or the person who may have presented the
animal for impoundment/housing at the Shelter; name, address and
telephone number of all persons claiming ownership and/or redeem-
ing or adopting any animal; and such other information as may be
requested by the city. Operator shall utilize such forms as
mutually agreed to with City in recording and maintaining the
above-described information.
15. operator shall also maintain up to date and complete
records documenting all monies collected from fees cha~ged in the
operation of the Shelter, and any funds, food or supplies con-
4
.~
\-
ilt
i.i.. .
~~\~
~..,.'"
\~.,
tributed or donated for Shelter operations. Complete and up to
date records shall also be maintained illustrating all expendi-
tures for food, supplies and equipment expended in Shelter opera-
tions. Food, supplies and equipment may be subject to inventory
inspection by City at any time. operator shall utilize such
forms as mutually agreed to with City in recording and maintain-
ing the above-described information.
16. operator shall provide City a regular written monthly
report showing the number of animals impounded and housed at the
Shelter; the number of animals adopted, released and euthanized;
the total amount of fees collected; and the total monthly Shelter
expenses for food and direct animal care.
17. city may at any time seek and obtain access to all
accounts, records or books maintained by or on behalf of Operator
in the administration and operation of the Shelter. Additional-
ly, city shall have access to any and all parts of the Shelter
premises at any time so as to inspect same for purposes of insur-
ing compliance by Operator with all terms of this manual.
18. Operator agrees to utilize, when offered and made
available, the volunteer services of the Pitkin Animal Welfare
society ("PAWS") in the operation of the Shelter and in the care
and placement of the animals housed therein. operator shall
retain final supervisory control over any volunteer and may
dismiss or refuse any volunteer which Operator, within its sole
discretion, deems injurious to the efficient and proper operation
of the shelter.
19. Operator and City agree to the formation ofa Shelter
Advisory committee to provide recommendations and advice to
Operator and City in the operation of the Shelter. The Advisory
Committee shall be comprised of the Operator, one representative
from the City, one veterinarian (if available), one representa-
tive from Pitkin county, one at-large citizen representative, and
one representative from PAWS. The city and county representa-
tives shall be appointed by the City and County managers, respec-
tively. The citizen and veterinarian representative shall be
selected by vote of the city, county and PAWS representatives.
MISCELLANEOUS
The above and foregoing policies and procedures may be
amended from time to time as deemed necessary. No amendment
shall be effective until it has been reduced to writing and
incorporated.into this manual. Likewise, no amendment shall
become effective absent the consent of the City of Asp~n.
5
,It
1,1
~.
''(.~
.'.'
""':
Operators charged with the administration and/or operation
of the Shelter shall have input on all proposed amendments to the
manual. Failure on the part of an Operator to adhere to the
terms of the manual may result in the termination of any service
or other agreement between Operator and the city.
6