R-05-09-08-11G2 - 9/8/2005 RESOLUTION NO. R-05-09-08-11 G2
WHEREAS, the City of Round Rock desires to retain services for
animal shelter operations, animal boarding, and rabies observation, and
WHEREAS, the City of Pflugerville has submitted an agreement to
provide said services, and
WHEREAS, the City Council desires to enter into said agreement
with the City of Pflugerville, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement Between the City of Pflugerville and
City of Round Rock, Texas, a copy of same being attached hereto as
Exhibit "A" and incorporated herein for all purposes .
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 8th day of September, 2005 .
NWE L, Mayor
Cit of Round Rock, Texas
AT T: & le.
CHRISTINE R. MARTINEZ, City Secre ry
@PFDesktop\-:CDMA/WORLDOX/O:/WDOX/RESOLITPI/R50908G2.WPD/—C
INTERLOCAL CONTRACT BETWEEN
THE CITY OF ROUND ROCK, TEXAS
AND THE CITY OF PFLUGERVILLE,TEXAS
FOR OPERATION OF AN ANIMAL SHELTER PROGRAM
This Interlocal Contract is made by and between the CITY OF ROUND ROCK,
TEXAS, a Texas home-rule municipality and political subdivision of the State of Texas
(hereinafter referred to as "Round Rock"), and the CITY OF PFLUGERVILLE, TEXAS, a
Texas home-rule municipality and political subdivision of the State of Texas (hereinafter referred
to as "Pflugerville").
RECITALS
WHEREAS, Round Rock and Pflugerville are local governments which desire to contract
with each other for the performance of certain governmental functions and services relating to
the operation of an animal shelter program; and
WHEREAS, Round Rock and Pflugerville each provide a governmental function or
service that each party to this Interlocal Contract is authorized to perform individually; and
WHEREAS, authority for Round Rock and Pflugerville to enter into this Interlocal
Contract is granted under Government Code, Title 7, Chapter 791 entitled "Interlocal
Cooperation Contracts," Subchapters A and B; and
WHEREAS, the parties desire to enter into this Interlocal Contract to set forth in writing
their respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 SERVICES
Round Rock shall be responsible for all aspects of animal control within the city limits
except for the responsibilities assigned to and assumed by Pflugerville pursuant to this Interlocal
Contract.
Pflugerville agrees to dedicate a minimum of fifteen (15) of its kennels to house and
board domestic animals (as defined by relevant City of Round Rock ordinances, excluding
livestock) which are delivered by Round Rock, its officers, agents, or employees; and
Pflugerville hereby agrees to accept animals from Round Rock to fill the referenced minimum of
fifteen(15) kennels.
00090624/jkg 1 cAHIBIT 'W'
Further, Pflugerville expressly agrees that it will accept and board Round Rock's animals
in excess of the referenced minimum to fill fifteen(15) kennels only if and when Pflugerville has
kennels available. Round Rock and Pflugerville agree to establish and maintain written
operating procedures which govern the boarding of Round Rock's animals, and same shall be
reviewed and revised periodically to reflect the mutual agreement of both parties.
Pflugerville agrees to provide Round Rock's animals with shelter, food, water, and all
other humane treatment of the same degree and kind that Pflugerville provides for all other
animals coming into its custody and control.
2.01 TERM
This Interlocal Contract shall be effective on the date it has been signed by each party
hereto, and shall remain in full force and effect unless and until it expires by operation of the
terms indicated herein, or is terminated or extended as provided herein.
The initial term of this Interlocal Contract shall be for one twelve-month period
commencing on November 1, 2005 and continuing thereafter until October 31, 2006. Upon
expiration of the initial term, this Interlocal Contract shall continue on a month-to-month basis.
3.01 CONTRACT AMOUNT
Flat Fee. For the term of this Interlocal Contract, Round Rock agrees to pay Pflugerville
a flat fee in the amount of Seven Thousand and No/100 Dollars ($7,000.00)per month.
4.01 AUTHORIZATION FOR ADDITIONAL FEES
Additional Fees. License fees, boarding fees, and reclamation fees may be collected by
Round Rock to be used at the sole discretion of Round Rock. There shall be no provision in this
Interlocal Contract for such funds to be paid in any form to Pflugerville.
Round Rock shall establish and maintain a fee schedule for services associated with
licensing, boarding, reclaiming, and adopting animals. Such fee schedule shall be reviewed and
revised periodically to reflect current costs and incentives associated with the services.
5.01 RESPONSIBILITIES OF ROUND ROCK
The obligations, responsibilities, duties, and rights of the City of Round Rock under this
Interlocal Contract shall be as set forth on Exhibit "A" attached hereto and made a part hereof by
reference for all appropriate purposes.
6.01 RESPONSIBILITIES OF PFLUGERVILLE
The obligations, responsibilities, duties, and rights of the City of Pflugerville under this
Interlocal Contract shall be as set forth on Exhibit `B" attached hereto and made a part hereof by
reference for all appropriate purposes.
00090624/jkg 2
7.01 NON-APPROPRIATION AND FISCAL FUNDING
This Interlocal Contract is a commitment of Round Rock's current revenues only. It is
understood and agreed that Round Rock shall have the right to terminate this Interlocal Contract
at the end of any City of Round Rock fiscal year if the governing body of Round Rock does not
appropriate funds sufficient to purchase the services as determined by Round Rock's budget for
the fiscal year in question. Round Rock may effect such termination by giving Pflugerville a
written notice of termination at the end of its then-current fiscal year.
8.01 NO TERMINATION FOR CONVENIENCE WITHOUT CAUSE ALLOWED FOR
FIRST 180 DAYS
It is expressly agreed by the parties that there shall be no termination of this Interlocal
Contract, for convenience without cause, for the first one hundred eighty(180) days of the initial
contract term specified in Section 2.01, with the time period to be calculated as beginning on the
effective date of this Interlocal Contract. Thereafter, this Interlocal Contract may be terminated
for convenience without cause as specified in Section 9.01.
9.01 TERMINATION FOR CONVENIENCE WITHOUT CAUSE
This Interlocal Contract may be terminated by Round Rock for convenience without
cause upon ninety (90) days' written notice to the City of Pflugerville. Likewise, this Interlocal
Contract may be terminated by Pflugerville for convenience without cause upon ninety (90)
days' written notice to the City of Round Rock.
10.01 TERMINATION FOR CAUSE
Either party may terminate this Interlocal Contract if the other party fails to cure a
material breach (defined as one which substantially impairs the value of this Interlocal Contract
as a whole to the non-breaching party) within thirty (30) days after the aggrieved party gives
written notice of the breach in an "Effective Date of Notice of Breach" instrument.
11.01 NOTICE
Any notice required or permitted to be given under this Interlocal Contract shall be
deemed sufficient if written and hand-delivered or sent by certified mail/return receipt requested
to the below-listed addresses. All notices and other communications in connection with this
Interlocal Contract shall be considered effective as follows:
1. When delivered personally to recipient's address as stated herein; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid, to recipient's address as stated herein.
00090624/jkg 3
To the City of Round Rock:
Assistant City Manager Stephan L. Sheets
City of Round Rock City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, Texas 78664 Round Rock, Texas 78664
To the City of Pflugerville:
David Buesing, City Manager
City of Pflugerville
100 East Main Street
Pflugerville, Texas 78660
12.01 DISCLAIMER OF EMPLOYER-EMPLOYEE STATUS
With respect to the furnishing and receiving of services which are the subject matter of
this Interlocal Contract, Pflugerville is not to be construed as an employee or agent of Round
Rock in any respect, and Round Rock is not to be construed as being the employer of
Pflugerville in any respect.
13.01 INSURANCE
Pflugerville contractually agrees to provide and maintain bodily injury liability insurance
in an amount not less than Fifty Thousand and No/100 Dollars ($50,000.00) per occurrence, and
said insurance shall name the City of Round Rock as an additional insured and shall provide for
a minimum of thirty (30) days' written notice to Round Rock should such policy be sought to be
materially altered or cancelled. Pflugerville additionally contractually agrees to provide and
maintain workers' compensation coverage for all its employees, and shall do so in such manner
as to comply with applicable state law.
14.01 INDEMNIFICATION
The City of Round Rock agrees to and shall indemnify and hold harmless the City of
Pflugerville, its officers, agents, and employees, from and against any and all claims, losses,
damages, causes of action, suits, and liability of every kind, including all expenses of litigation,
court costs, and attorney's fees for injury to any person or animal, or for damages to any
property, arising out of or in connection with any act or omission, negligence, or willful
misconduct in the performance of this Interlocal Contract done by the City of Pflugerville, its
officers, agents, or employees, without regard to whether such persons are under the direction of
City agents or employees.
The City of Pflugerville agrees to and shall indemnify and hold harmless the City of
Round Rock, its officers, agents, and employees, from and against any and all claims, losses,
damages, causes of action, suits, and liability of every kind, including all expenses of litigation,
00090624/jkg 4
court costs, and attorney's fees for injury to any person or animal, or for damages to any
property, arising out of or in connection with any act 'or omission, negligence, or willful
misconduct in the performance of this Interlocal Contract done by the City of Round Rock, its
officers, agents, or employees, without regard to whether such persons are under the direction of
City agents or employees.
15.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Interlocal Contract. Neither party
may assign any rights or delegate any duties under this Interlocal Contract without the other
party's prior written approval, which approval shall not be unreasonably withheld.
16.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Interlocal Contract shall be enforceable in Williamson County, Texas, and if legal
action is necessary by either party with respect to enforcement of any terms or conditions herein,
exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
17.01 EXCLUSIVE AGREEMENT
The terms and conditions of this Interlocal Contract, including exhibits, constitute the
entire agreement between the parties and this Interlocal Contract shall supersede all previous
communications, representations, and agreements, written or oral, regarding the subject matter
hereof. The parties understand and expressly agree that, in the event of any conflict between the
terms of this Interlocal Contract and any other writing, this Interlocal Contract document shall
prevail. No modifications of this Interlocal Contract will be binding on the other party unless
acknowledged in writing by the duly authorized governing body or representative for each party.
18.01 DISPUTE RESOLUTION
If a dispute arises under this Interlocal Contract, the parties agree to first try to resolve the
dispute by referring same to the City Managers of Round Rock and Pflugerville.
Round Rock and Pflugerville hereby expressly agree that no claims or disputes between
the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act(9 USC Section 1-14) or any applicable state arbitration statute.
19.01 FORCE MAJEURE
Notwithstanding any other provisions of this Interlocal Contract to the contrary, no
failure, delay or default in performance of any obligation hereunder shall constitute an event of
default or a breach of this Interlocal Contract, only to the extent that such failure to perform,
00090624/jkg 5
EXECUTED
DOCUMENT
FOLLOWS
INTERLOCAL CONTRACT BETWEEN
THE CITY OF ROUND ROCK, TEXAS
AND THE CITY OF PFLUGERVILLE, TEXAS
FOR OPERATION OF AN ANIMAL SHELTER PROGRAM
This Interlocal Contract is made by and between the CITY OF ROUND ROCK,
TEXAS, a Texas home-rule municipality and political subdivision of the State of Texas
(hereinafter referred to as "Round Rock"), and the CITY OF PFLUGERVILLE, TEXAS, a
Texas home-rule municipality and political subdivision of the State of Texas (hereinafter referred
to as "Pflugerville").
RECITALS
WHEREAS, Round Rock and Pflugerville are local governments which desire to contract
with each other for the performance of certain governmental functions and services relating to
the operation of an animal shelter program; and
WHEREAS, Round Rock and Pflugerville each provide a governmental function or
service that each party to this Interlocal Contract is authorized to perform individually; and
WHEREAS, authority for Round Rock and Pflugerville to enter into this Interlocal
Contract is granted under Government Code, Title 7, Chapter 791 entitled "Interlocal
Cooperation Contracts," Subchapters A and B; and
WHEREAS, the parties desire to enter into this Interlocal Contract to set forth in writing
their respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 SERVICES
Round Rock shall be responsible for all aspects of animal control within the Round Rock
city limits except for the responsibilities assigned to and assumed by Pflugerville pursuant to this
Interlocal Contract.
Pflugerville agrees to dedicate a minimum of fifteen (15) of its kennels to house and
board domestic animals (as defined by relevant City of Round Rock ordinances, excluding
livestock) which are delivered by Round Rock, its officers, agents, or employees; and
Pflugerville hereby agrees to accept animals from Round Rock to fill the referenced minimum of
fifteen (15) kennels.
00091173/jkg I
Further, Pflugerville expressly agrees that it will accept and board Round Rock's animals
in excess of the referenced minimum to fill fifteen(15) kennels only if and when Pflugerville has
kennels available as determined in Pflugerville's sole discretion. Round Rock and Pflugerville
agree to establish and maintain written operating procedures ••i that govern the boarding of
Round Rock's animals, and same shall be reviewed and revised periodically to reflect the mutual
agreement of both parties.
Pflugerville agrees to provide Round Rock's animals with shelter, food, water, and all
other humane treatment of the same degree and kind that Pflugerville provides for all other
animals coming into its custody and control.
2.01 TERM
This Interlocal Contract shall be effective on the date it has been signed by each party
hereto, and shall remain in full force and effect unless and until it expires by operation of the
terms indicated herein, or is terminated or extended as provided herein.
The initial term of this Interlocal Contract shall be for one twelve-month period
commencing on November 1, 2005 and continuing thereafter until October 31, 2006. Upon
expiration of the initial term, this Interlocal Contract shall continue on a month-to-month basis.
3.01 CONTRACT AMOUNT
Flat Fee. For the term of this Interlocal Contract, Round Rock agrees to pay Pflugerville
a flat fee in the amount of Seven Thousand and No/100 Dollars ($7,000.00) per month.
4.01 AUTHORIZATION FOR ADDITIONAL FEES
Additional Fees. License fees, boarding fees, and reclamation fees may be collected by
Round Rock to be used at the sole discretion of Round Rock. There shall be no provision in this
Interlocal Contract for such funds to be paid in any form to Pflugerville.
Round Rock shall establish and maintain a fee schedule for services associated with
licensing, boarding, reclaiming, and adopting animals. Such fee schedule shall be reviewed and
revised periodically to reflect current costs and incentives associated with the services.
5.01 RESPONSIBILITIES OF ROUND ROCK
The obligations, responsibilities, duties, and rights of the City of Round Rock under this
Interlocal Contract shall be as set forth on Exhibit "A" attached hereto and made a part hereof by
reference for all appropriate purposes.
6.01 RESPONSIBILITIES OF PFLUGERVILLE
The obligations, responsibilities, duties, and rights of the City of Pflugerville under this
Interlocal Contract shall be as set forth on Exhibit `B" attached hereto and made a part hereof by
00091173/jkg 2
reference for all appropriate purposes.
7.01 NON-APPROPRIATION AND FISCAL FUNDING
This Interlocal Contract is a commitment of Round Rock's current revenues only. It is
understood and agreed that Round Rock shall have the right to terminate this Interlocal Contract
at the end of any City of Round Rock fiscal year if the governing body of Round Rock does not
appropriate funds sufficient to purchase the services as determined by Round Rock's budget for
the fiscal year in question. Round Rock may effect such termination by giving Pflugerville a
written notice of termination at the end of its then-current fiscal year.
8.01 NO TERMINATION FOR CONVENIENCE WITHOUT CAUSE ALLOWED FOR
FIRST 180 DAYS
It is expressly agreed by the parties that there shall be no termination of this Interlocal
Contract, for convenience without cause, for the first one hundred eighty(180) days of the initial
contract term specified in Section 2.01, with the time period to be calculated as beginning on the
effective date of this Interlocal Contract. Thereafter, this Interlocal Contract may be terminated
for convenience without cause as specified in Section 9.01.
9.01 TERMINATION FOR CONVENIENCE WITHOUT CAUSE
This Interlocal Contract may be terminated by Round Rock for convenience without
cause upon ninety (90) days' written notice to the City of Pflugerville. Likewise, this Interlocal
Contract may be terminated by Pflugerville for convenience without cause upon ninety (90)
days' written notice to the City of Round Rock.
10.01 TERMINATION FOR CAUSE
Either party may terminate this Interlocal Contract if the other party fails to cure a
material breach (defined as one which substantially impairs the value of this Interlocal Contract
as a whole to the non-breaching party) within thirty (30) days after the aggrieved party gives
written notice of the breach in an"Effective Date of Notice of Breach"instrument.
11.01 NOTICE
Any notice required or permitted to be given under this Interlocal Contract shall be
deemed sufficient if written and hand-delivered or sent by certified mail/return receipt requested
to the below-listed addresses. All notices and other communications in connection with this
Interlocal Contract shall be considered effective as follows:
1. When delivered personally to recipient's address as stated herein; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid, to recipient's address as stated herein.
00091173/jkg 3
To the City of Round Rock:
Assistant City Manager Stephan L. Sheets
City of Round Rock City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, Texas 78664 Round Rock, Texas 78664
To the City of Pflugerville:
David Buesing, City Manager
City of Pflugerville
100 East Main Street
Pflugerville, Texas 78660
12.01 DISCLAIMER OF EMPLOYER-EMPLOYEE STATUS
With respect to the furnishing and receiving of services which are the subject matter of
this Interlocal Contract, Pflugerville is not to be construed as an employee or agent of Round
Rock in any respect, and Round Rock is not to be construed as being the employer of
Pflugerville in any respect.
13.01 INSURANCE
Pflugerville contractually agrees to provide and maintain bodily injury liability insurance
in an amount not less than Fifty Thousand and No/100 Dollars ($50,000.00) per occurrence, and
said insurance shall name the City of Round Rock as an additional insured and shall provide for
a minimum of thirty (30) days' written notice to Round Rock should such policy be sought to be
materially altered or cancelled. Pflugerville additionally contractually agrees to provide and
maintain workers' compensation coverage for all its employees, and shall do so in such manner
as to comply with applicable state law.
14.01 INDEMNIFICATION
To the extent allowed by law, Tthe City of Round Rock agrees to and shall indemnify
and hold harmless the City of Pflugerville, its officers, agents, and employees, from and against
any and all claims, losses, damages, causes of action, suits, and liability of every kind, including
all expenses of litigation, court costs, and attorney's fees for injury to any person or animal, or
for damages to any property, arising out of or in connection with any act or omission,
negligence, or willful misconduct in the performance of this Interlocal Contract done by the
City of Pflugerville, its officers, agents, or employees, without regard to whether such persons
are under the direction of City agents or employees.
To the extent allowed by law, Tthe City of Pflugerville agrees to and shall indemnify and
hold harmless the City of Round Rock, its officers, agents, and employees, from and against any
and all claims, losses, damages, causes of action, suits, and liability of every kind, including all
00091173/jkg 4
expenses of litigation, court costs, and attorney's fees for injury to any person or animal, or for
damages to any property, arising out of or in connection with any act or omission, negligence, or
willful misconduct in the performance of this Interlocal Contract done by the City of Round
Rock, its officers, agents, or employees, without regard to whether such persons are under the
direction of City agents or employees.
15.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Interlocal Contract. Neither party
may assign any rights or delegate any duties under this Interlocal Contract without the other
party's prior written approval, which approval shall not be unreasonably withheld.
16.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Interlocal Contract shall be enforceable in Williamson County, Texas, and if legal
action is necessary by either party with respect to enforcement of any terms or conditions herein,
exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
17.01 EXCLUSIVE AGREEMENT
The terms and conditions of this Interlocal Contract, including exhibits, constitute the
entire agreement between the parties and this Interlocal Contract shall supersede all previous
communications, representations, and agreements, written or oral, regarding the subject matter
hereof. The parties understand and expressly agree that, in the event of any conflict between the
terms of this Interlocal Contract and any other writing, this Interlocal Contract document shall
prevail. No modifications of this Interlocal Contract will be binding on the other party unless
acknowledged in writing by the duly authorized governing body or representative for each party.
18.01 DISPUTE RESOLUTION
If a dispute arises under this Interlocal Contract, the parties agree to first try to resolve the
dispute by referring same to the City Managers of Round Rock and Pflugerville.
Round Rock and Pflugerville hereby expressly agree that no claims or disputes between
the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
19.01 FORCE MAJEURE
Notwithstanding any other provisions of this Interlocal Contract to the contrary, no
failure, delay or default in performance of any obligation hereunder shall constitute an event of
default or a breach of this Interlocal Contract, only to the extent that such failure to perform,
00091173/jkg 5
delay or default arises out of causes beyond control and without the fault or negligence of the
party otherwise chargeable with failure, delay or default; including but not limited to acts of
God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft,
earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any
way restrict the performance under this Interlocal Contract by the parties.
20.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Interlocal Contract or
the occurrence of any event rendering any portion of provision of this Interlocal Contract void
shall in no way affect the validity or enforceability of any other portion or provision of this
Interlocal Contract. Any void provision shall be deemed severed from this Interlocal Contract,
and the balance of this Interlocal Contract shall be construed and enforced as if this Interlocal
Contract did not contain the particular portion of provision held to be void. The parties further
agree to amend this Interlocal Contract to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision. The provisions of this
Section 20.01 shall not prevent this entire Interlocal Contract from being void should a provision
which is of the essence of this Interlocal Contract be determined void.
21.01 GENERAL AND MISCELLANEOUS PROVISIONS
The section numbers and headings contained herein are provided for convenience only
and shall have no substantive effect on construction of this Interlocal Contract.
No delay or omission by either party in exercising any right or power shall impair such
right or power or be construed to be a waiver. A waiver by either party of any of the covenants
to be performed by the other or any breach thereof shall not be construed to be a waiver of any
succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in
writing and signed by an authorized representative of the party against whom such waiver or
discharge is sought to be enforced.
In the event of any conflict in interpretation of this Interlocal Contract, the parties shall
comply with the following Order of Priority and Precedence: (1) this Interlocal Contract; (2) the
Code of Ordinances of the City of Round Rock, Texas; and (3) the Code of Ordinances of the
City of Pflugerville, Texas.
In rendering services under this Interlocal Contract, Pflugerville shall comply with the
requirements of applicable federal, state, and local laws and regulations. In the event of a
conflict between such laws and regulations and terms and conditions of this Interlocal Contract,
precedence shall be given to the most restrictive provisions of such laws, regulations, terms and
conditions, as determined by the City of Round Rock.
This Interlocal Contract may be executed in multiple counterparts, which taken together
shall be considered one original.
00091173/jkg 6
IN WITNESS WHEREOF, the parties have executed this Interlocal Contract on the dates
hereafter indicated.
CITY OF ROUND ROCK,TEXAS
By:
Printed
Title: /74/Ok,
Date Signed:
Attestation for Round Rock:
Christine R. Martinez, City Secretary
Approval as to form for Round Rock:
<A .L -A'4
Stephan L. Sheets, City Attorney
CITY OF PFLUGERVILLE, TEXAS
Printedame. David B u e s i n g
Title: City Manager
Date Signed:
Attestation for Pflugerville:
L
City S cretary
Approval as to form for Pflugerville:
City Attey
00091173/jkg 7
EXHIBIT "A"
RESPONSIBILITIES OF ROUND ROCK
1. Overall Responsibility. Round Rock shall be responsible for all aspects of animal
control within the city limits except for the responsibilities assigned to and assumed by
Pflugerville pursuant to this Interlocal Contract.
2. Licensing. Round Rock shall be responsible for the distribution and sale of all city dog
and cat licenses for the initial term and renewal terms of this Interlocal Contract, both directly
and through licensed veterinarians practicing in Round Rock or in Williamson or Travis
Counties if approved by Round Rock. All licenses shall be sold in accordance with the
ordinances and regulations of the City of Round Rock and at the fees established therein.
3. Collection of Fees. Before releasing an animal to an owner reclaiming it, Round Rock
shall collect any charges designated by the Round Rock Animal Control Officer(except for fines
and court costs resulting from the issuance of a citation), by this Interlocal Contract, or by the
ordinances and regulations of the City of Round Rock.
4. Impounding and Boarding.
(a) Unsupervised Animals. Animals impounded for this reason and not reclaimed by
the owner within five (5) days from the date of impoundment shall become the
property of Round Rock.
(b) Impoundment Pending Hearing. Animals impounded pending hearing in Round
Rock Municipal Court shall not be allowed to be reclaimed while the hearing is
pending.
(c) Licensed Animals. Licensed dogs and cats shall be impounded for not fewer than
seven (7)business days before disposing of said dog or cat without consent of the
owner.
(d) Unlicensed Animals. Unlicensed animals shall be impounded for a minimum of
seventy-two (72) hours before disposing of said animals without consent of the
owner.
(e) Animals Become Property of the City of Round Rock. Any animal impounded
for a period exceeding the times specified above shall become the property of the
City of Round Rock and shall be placed for adoption or humanely euthanized.
(f) Exceptions. Any exceptions to the above-listed holding periods shall be made in
writing from the Round Rock Animal Control Supervisor.
00091173/jkg 8
5. Animal Control Officer. Round Rock shall be solely responsible for the hiring and
compensation of its Animal Control Officer(s).
6. Record Keeping and Reports. Round Rock shall be solely responsible for keeping
complete written records including, but not limited to, copies of fully-completed intake forms on
all animals.
7. Citizen-released Animals. Round Rock shall be solely responsible for accepting
citizen-released animals, and shall expressly release Pflugerville from any right or obligation to
so accept.
8. Responsibility for Disposition. Unless otherwise mutually agreed in writing on an
individual case basis, Round Rock shall be solely responsible for disposition of its animals,
including placement for adoption or humane euthanization, and shall expressly release
Pflugerville from any right or obligation to so dispose.
00091173/jkg 9
EXHIBIT "B"
RESPONSIBILITIES OF PFLUGERVILLE
1. Guaranteed Minimum Number of Kennels. Pflugerville agrees to dedicate a minimum of
fifteen (15) of its kennels to house and board domestic animals (as defined by relevant City of
Round Rock ordinances, excluding livestock) which are delivered by Round Rock, its officers,
agents, or employees; and Pflugerville hereby agrees to accept animals from Round Rock to fill
the referenced minimum of fifteen (15) kennels.
Further, Pflugerville expressly agrees that it will accept and board Round Rock's animals
in excess of the referenced minimum to fill fifteen (15) kennels only if and when Pflugerville has
kennels available. Round Rock and Pflugerville agree to establish and maintain written
operating procedures which govern the boarding of Round Rock's animals, and same shall be
reviewed and revised periodically to reflect the mutual agreement of both parties.
Pflugerville agrees to provide Round Rock's animals with shelter, food, water, and all
other humane treatment of the same degree and kind that Pflugerville provides for all other
animals coming into its custody and control.
2. Guaranteed Access. Pflugerville confirms that its animal shelter is not open to the
general public, but expressly agrees to make its animal shelter open on a twenty-four (24) hour,
seven(7) day per week basis to Round Rock's agents and authorized personnel.
4. Rabies Observation. Pflugerville shall provide facilities for rabies observation on a
continuing basis for at least two (2) dogs and two (2) cats. If requested by Round Rock, animals
delivered to Pflugerville for rabies observation shall be isolated for a period of ten (10) days. In
the event an animal is not reclaimed, Pflugerville shall include rabies observation.
5. News Media Contacts. All news media contacts of any sort regarding impounded
animals shall be referred to Round Rock's Communications Director. Pflugerville shall not
initiate or respond to any media questions or publicity regarding Round Rock's impounded
animals.
6. Sanitation. Pflugerville shall:
(a) Clean kennels and cages on a daily basis, including using disinfections on a daily
basis, to assure proper sanitation and disease control.
(b) Perform insect/pest control measures at a minimum of once every three months;
and keep (and make available for inspection upon request) documentation of the
date, time, and name of the pest control provider.
(c) Keep the grounds immediately surrounding any structure mowed and free of
debris.
00091173/jkg 10
7. Interpretation of City of Round Rock Ordinances and Policies. Pflugerville may respond
to questions regarding Round Rock's ordinances by providing a copy of ordinances to anyone
who requests a copy. Any complaints or interpretations of ordinances shall be referred to Round
Rock's Communications Director.
8. Round Rock's Animal Control Officer(s). Round Rock's Animal Control Officer(s) shall
be responsible for completing, at the time of arrival of animals, the holding forms on each animal
brought in, including but not limited to written instructions as to any charges or special handling.
Round Rock's Animal Control Officer(s) shall implement the policies of operation of the Animal
Control Department as set out by the City of Round Rock. Pflugerville shall insure that the
facility is accessible at all necessary hours for the proper kenneling of animals by Round Rock's
Animal Control Officer(s).
9. Operation of Shelter and Costs of Operation. Pflugerville shall be solely responsible for
all shelter operations, maintenance, and costs. Pflugerville shall operate and maintain the shelter
in accordance with state guidelines for such facilities. Pflugerville shall have sole responsibility
for the operations and policies of the animal shelter, except as otherwise specified herein.
10. Upgrades to Necessary Capacity. Pflugerville shall be solely responsible for and shall
timely make any upgrades necessary to achieve needed capacity in the shelter, all in accordance
with state guidelines, for housing and caring for animals from Round Rock.
11. Personnel.
1. Staff at Animal Shelter. Pflugerville shall be solely responsible for the staff, paid
and volunteer, necessary for the routine operation of the animal shelter. Such
responsibility shall include but shall not be limited to compensation, insurance,
and/or any other benefits for its staff.
2. Animal Control Officer. Round Rock shall be solely responsible for the hiring
and compensation of its Animal Control Officer(s).
00091173/jkg 11