R-09-05-28-12G1 - 5/28/2009RESOLUTION NO. R -09-05-28-12G1
WHEREAS, the City of Round Rock ("City") has previously entered
into an Interlocal Agreement with Williamson County and the Cities
of Cedar Park, Hutto, and Leander for a Regional Animal Control
Shelter ("Agreement"), and
WHEREAS, the City Council now wishes to enter into a First
Amendment to the Agreement to provide for the cost participation of
expenses relating to personal liability claims, 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, a First Amendment to the Williamson County
Regional Animal Control Shelter Agreement, a copy 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 28th day of May, 2009.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
0:\wdox\SCC1nts\0112\0905\MONICIPAL\R90528G1.DOC/rmc
FIRST AMENDMENT TO THE WILLIAMSON COUNTY REGIONAL ANIMAL
CONTROL SHELTER AGREEMENT
STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON
THIS FIRST AMENDMENT ("First Amendment") is to that one certain Williamson County
Regional Animal Control Shelter Agreement, executed August 10, 2006 ("Agreement"), by and
between Williamson County, the City of Round Rock, the City of Leander; the City of Cedar
Park, and the City of Hutto, collectively referred to herein as "the Parties."
RECITALS
1. The Parties previously on August 10, 2006 entered into the Agreement providing that the
Parties will share in the design and establishment of a county -wide regional shelter.
2. The Agreement provided that insurance for the shelter building, and the shelter contents
would be a shared cost and expense;
3. The Parties desire to amend the Agreement to provide for the cost participation of
expenses relating to personal liability claims.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, the Parties hereby contract and agree as follows:
ARTICLE ONE
DEFINITIONS
1.01 Unless the context clearly requires otherwise, terms used in this First Amendment shall
have the meaning as set forth in the Agreement.
ARTICLE TWO
AMENDMENTS
2.01 Section III, Paragraph 1 to the Agreement, entitled "Board Responsibilities", is
amended to add subsection f. to read as follows:
"The Parties are jointly and severally liable for any and all expenses incurred in
connection with claims against the Regional Shelter, its personnel, and the Board, in the
same proportion as stated in Article V, Section 2 of this Agreement. No Party may settle
any claim or incur any costs to settle any claim against the Shelter without the consent of
the other Parties. If any party declines to participate in a settlement of a claim, that Party
reserves the right to withdraw from this Agreement pursuant to the conditions stated in
Section 3 herein."
00157387/jmr
1
1
EXHIBIT
"A"
ARTICLE III
MISCELLANEOUS
3.01 To the extent necessary to effect the terms and provisions of this First Amendment, the
Agreement is hereby amended and modified. In all other respects, the aforesaid Agreement is
hereby ratified and confirmed.
3.02 This First Amendment may be executed in counterparts, each of which shall be an
original and all of which together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto acting under authority of their respective
governing bodies have caused this First Amendment to be duly executed as of the date or dates
indicated below.
WILLIAMSON COUNTY ATTEST:
Commissioners Court
By: By:
DAN A. GATTIS NANCY RISTER
County Judge - County Clerk
Williamson County, Texas
2
CITY OF ROUND ROCK ATTEST:
City Council
By: By:
ALAN MCGRAW SARA WHITE
Mayor - Round Rock, Texas City Secretary
3
CITY OF LEANDER ATTEST:
City Council
By: By:
Mayor - Leander, Texas City Secretary
4
CITY OF CEDAR PARK ATTEST:
City Council
By: By:
Mayor - Cedar Park, Texas City Secretary
5
CITY OF HUTTO ATTEST:
City Council
By: By:
DAVID BEGIER DEBBIE CHELF
Mayor Pro Tem- Hutto, Texas City Secretary
6
DATE: May 21, 2009
SUBJECT: City Council Meeting — May 28, 2009
ITEM: 12G1. Consider a resolution authorizing the Mayor to execute the Amendment No. 1
to the Williamson County Regional Animal Control Shelter Agreement.
Department:
Staff Person:
Justification:
Administration
David Kautz, Assistant City Manager/CFO
This amendment is necessary to clarify the legal and financial responsibilities the participating parties
have with regard to claims against the Regional Shelter, its personnel and the Board members. The
clarification is necessary because confusion can arise if a claim is made against the Shelter but none of
the participating parties is named; or possibly, only the County might be named. The amendment
stipulates that the parties are jointly and severally liable in connection with claims against the Regional
Shelter, its personnel and the Board members in the same financial proportion as stated in the interlocal
agreement. The proposed language enables our insurance providers to properly understand the legal,
operating and financial responsibility each party has to the agreement.
Funding:
Cost: N/A - The City has liability coverage in place for all City operations; property,
automobile and workers comp policies provide specific coverage to the Shelter;
therefore, this item has no additional cost requirement
Source of funds: N/A
Outside Resources: Texas Municipal League Risk Pool and Texas Association of Counties.
Background Information:
The cities of Round Rock, Cedar Park, Leander and Hutto participate in the Shelter along with Williamson
County. The County owns the Shelter but all of the participants, including the County, pay a pro rata
share of the capital and operating costs. This is the first amendment to the Williamson County
Regional Animal Control Shelter Interlocal Agreement. The original agreement was approved in August
2006 and the Shelter opened in February 2007.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
FIRST AMENDMENT TO THE WILLIAMSON COUNTY REGIONAL ANIMAL
CONTROL SHELTER AGREEMENT
STATE OF TEXAS
§
§
COUNTY OF WILLIAMSON §
KNOW ALL BY THESE PRESENTS
THIS FIRST AMENDMENT ("First Amendment") is to that one certain Williamson County
Regional Animal Control Shelter Agreement, executed August 10, 2006 ("Agreement"), by and
between Williamson County, the City of Round Rock, the City of Leander; the City of Cedar
Park, and the City of Hutto, collectively referred to herein as "the Parties."
RECITALS
1. The Parties previously on August 10, 2006 entered into the Agreement providing that the
Parties will share in the design and establishment of a county -wide regional shelter.
2. The Agreement provided that insurance for the shelter building, and the shelter contents
would be a shared cost and expense;
3. The Parties desire to amend the Agreement to provide for the cost participation of
expenses relating to personal liability claims.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, the Parties hereby contract and agree as follows:
ARTICLE ONE
DEFINITIONS
1.01 Unless the context clearly requires otherwise, terms used in this First Amendment shall
have the meaning as set forth in the Agreement.
ARTICLE TWO
AMENDMENTS
2.01 Section III, Paragraph 1 to the Agreement, entitled "Board Responsibilities", is
amended to add subsection f. to read as follows:
"The Parties are jointly and severally liable for any and all expenses incurred in
connection with claims against the Regional Shelter, its personnel, and the Board, in the
same proportion as stated in Article V, Section 2 of this Agreement. No Party may settle
any claim or incur any costs to settle any claim against the Shelter without the consent of
the other Parties. If any party declines to participate in a settlement of a claim, that Party
reserves the right to withdraw from this Agreement pursuant to the conditions stated in
Section 3 herein."
00157387/jmr
1
ARTICLE III
MISCELLANEOUS
3.01 To the extent necessary to effect the terms and provisions of this First Amendment, the
Agreement is hereby amended and modified. In all other respects, the aforesaid Agreement is
hereby ratified and confirmed.
3.02 This First Amendment may be executed in counterparts, each of which shall be an
original and all of which together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto acting under authority of their respective
governing bodies have caused this First Amendment to be duly executed as of the date or dates
indicated below.
WILLIAMSON COUNTY
Commissioners Court
ATTEST:
By: J)
DA A. TTIS NANCY
County Judge - County Clerk
Williamson County, Texas
2
CITY OF ROUND ROCK ATTEST:
City Council
By: 0 Yil 1 tom'' By: S/V U 'L ` Vikt
ALAN MCGRAW SARA WHITE
Mayor - Round Rock, Texas City Secretary
3
CITY OF LEANDER
City Council
By:,
v
ayor - Leander, Texas
4
ATTEST:
By:
City Secretary
CITY OF CEDAR PARK ATTEST:
City Council
Bv:
Mayor - Cedar Park, Texas
5
City Secretary
CITY OF HUTTO
City Council
By 0,...,4- r
DAVID BEGIER
Mayor - Hutto, Texas
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6
ATTEST:
By:
ele-Y
DEBBIE CHELF
City Secretary