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R-00-12-14-13A2 - 12/14/2000RESOLUTION NO. R -00- 12- 14 -13A2 WHEREAS, the City of Round Rock desires to retain services for pet licensing, fee collection, boarding, rabies observation, and the reclamation of impounded animals, and WHEREAS, the Williamson County Humane Society, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with the Williamson County Humane Society, Inc., 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 with the Williamson County Humane Societ, Inc., for pet licensing, fee collection, boarding, rabies observation, and the reclamation of impounded animals, a copy of said agreement being attached hereto 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, and the Act. RESOLVED this 14th day of Dec , 2000. Rem RT A. STL KA, R., Mayor City of Round Rock, Texas LAND, City Secretary x: \wemcs \RESOLIRI \R01214R2.WPO /ac AGREEMENT BETWEEN THE WILLIAMSON COUNTY HUMANE SOCIETY, INC. AND THE CITY OF ROUND ROCK, TEXAS SECTION 1. PARTIES TO AGREEMENT This agreement is made and entered into by and between the Williamson County Humane Society, a non - profit organization organized under the laws of the State of Texas, hereinafter referred to as the "Humane Society", and the City of Round Rock, Texas, a Texas home -rule municipality and a political subdivision of the State of Texas, hereinafter referred to as the "City." The parties hereto have severally and collectively agreed, and by the execution hereof are bound to the mutual obligations and to the performances and accomplishments of the objectives hereinafter described. SECTION 2. AGREEMENT PERIOD The period for performance of this agreement shall commence on th 1 51 day of the month of Qp,},06,r , 2600, and shall continue thereafter until the ,g0 day of the month of S,PptRXri Ar , 2601, unless the agreement is terminated earlier as set out below. SECTION 3. FEES License fees, boarding fees, and reclamation fees (as more particularly set out hereinbelow) shall provide additional funds necessary for the continued operation of the animal control program. Such fees shall be in addition to the flat fee, as more particularly set our hereinbelow. A. Fees 1. License Fees. Each dog and cat within the city limits of Round Rock shall be registered once each year by its owner through either the Humane Society or a veterinarian practicing in the City of Rounddock. The license fee shall be $5.00 for any animal which has been neutered or spayed, and $19.00 for any animal which has not been neutered or spayed, or "intact." These license fees shall be collected by the Humane Society to be used in the sole discretion of the Humane Society for the continued operation of the animal shelter. 2. Reclamation Fees. Reclamation fees shall be assessed against an animal's owner at the time of reclamation of any impounded animal. These monies shall be collected by the Humane Society to be used in the sole discretion of the Humane Society for the continued operation of the animal shelter. The reclamation fees shall be as follows: C .TEXilHUMATJE2. W PDklb 1 (a) The first time an animal is impounded, the fee may be $15.00. (b) The second time an animal is impounded, the fee shall be $25.00. (c) The third time the same animal is impounded, the fee shall be $35.00. (d) For each succeeding time the same animal is impounded, the fee shall be $35.00. 3. Boarding Fees -- Reclaimed Animals. In addition to the reclamation fees described in Section 3.A.2. above, boarding fees shall be charged an animal's owner at the time of reclamation of any impounded animal. These monies shall be collected by the Humane Society to be used for the continued operation of the animal shelter. The boarding fee shall be $10.00 for each 24 -hour period, or portion thereof. 4. Boarding Fees -- Non - Reclaimed Animals. In the event an animal from an area serviced by Round Rock Animal Control is not reclaimed by its owner, boarding fees shall be charged to the City, and the City hereby agrees to pay the Humane Society the boarding fees. These monies shall be collected by the Humane Society to be used for the continued operation of the animal shelter. The boarding fee for each non - reclaimed animal shall be $5.00 for each 24 -hour period, or portion thereof. Maximum billing shall be no more than three (3) days unless specifically requested by Animal Control or otherwise required by law. NOTE: The Humane Society understands and agrees that there may be addresses that indicate Round Rock as the post office, but that are not actually in the City. The Humane Society shall not charge the City any fees from any such addresses if the animal is not impounded by Round Rock Animal Control. Because there is no adequate public pound in the City for citizens to release ownership of their animals, the City agrees to pay the fee for one (1) day's boarding for any animal released to the Humane Society from an area serviced by Round Rock Animal Control. These monies shall be collected by the Humane Society to be used for the continued operation of the animal shelter. 5. Rabies Testine. When an animal bites a person, state law requires that the animal must be either (i) tested for rabies by submission of its brain to a state lab, or (ii) quarantined for ten (10) days. Before testing (decapitating), animals shall be held a maximum of three (3) days for the purpose of attempting to locate an owner or allowing owner to pay for the ten (10) day observation. In the event the animal is not reclaimed, the City shall pay the $5.00 per day boarding fee as provided for herein, together with the $25.00 handling fee. These monies shall be collected by the Humane Society to be used for the continued operation of the animal shelter. 2 6. Flat Fee. For the term of this agreement, the City shall pay to the Humane Society the sum of Three Thousand Three Hundred Thirty -three Dollars and 34/100 ($3,333.34) per month. C. Animal Defined. For purposes of fees, animal is defined as any single animal or a litter consisting of animals less than four (4) months of age. SECTION 4. PERFORMANCES BY THE HUMANE SOCIETY A. Licensing. The Humane Society shall be responsible for the distribution and sale of all city dog and cat licenses for the period of performance of this agreement, commencing on 2 Oe to6 er kC L) , and continuing thereafter until .30,9 P.r 211D.7,- both directly and through licensed veterinarians practicing in 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. The Humane Society shall be responsible for procuring the license tags and providing all materials necessary for record keeping. B. Collection of Fees. The Humane Society shall collect, on behalf of the City, any charges designated by the Animal Control Officer, this agreement or the ordinances and regulations of the City before releasing an animal to an owner reclaiming it. Such monies collected shall be reported monthly to the City Finance Office. The Humane Society shall retain all license fees, boarding fees, and reclamation fees collected to be used for the continued operation of the animal shelter. The Humane Society shall not charge the City any administrative fees. Boarding fees shall be charged to the City as more particularly set out herein. C. Boarding. Every animal not wearing a license tag and not claimed and redeemed by the owner prior to the expiration of three (3) calendar days, not including the day of impoundment or days the shelter is closed to the public, shall become the sole and exclusive property of the Humane Society. Every animal wearing a license tag and not claimed and redeemed by the owner prior to the expiration of seven (7) calendar days, not including the day of impoundment or days the shelter is closed to the public, shall become the sole and exclusive property of the Humane Society. D. The Humane Society agrees to accept each and every animal delivered by the City, its officers, agents, or employees and to provide each and every animal with shelter, food, water, and all other humane treatment of the same degree and kind that the Humane Society provides for all other animals coming into its custody and control, except as hereinafter stipulated. E. The Humane Society agrees to keep its animal shelter open to the public not less than six (6) hours per day on weekdays and not less than three (3) hours on Saturdays for the purpose of giving owners ample opportunity to redeem their impounded animals. 3 F. The Humane Society shall provide facilities for rabies observation on a continuing basis for at least two (2) dogs and four (4) cats. If requested by the City, animals delivered to the Humane Society for rabies observation shall be isolated for a period of ten (10) days. G. The Humane Society shall provide the City with annual reports prepared by an independent Certified Public Accountant. SECTION 5. PERFORMANCES BY THE CITY The City shall be responsible for all aspects of animal control within the city limits of Round Rock except for the responsibilities assumed by the Humane Society pursuant to this agreement. The City shall also be responsible for the payment of any legitimate fees charged it by the Humane Society as set out in this agreement in accordance with its prompt payment policy. SECTION 6. GENERAL ADMINISTRATION A. Office Space. The Humane Society shall provide, at no cost to the City, office space for City Animal Control and parking for the Animal Control vehicles at the Humane Society's offices located at 3737 CR 272, Leander, Texas. B. Record Keeping. The Humane Society shall be responsible for keeping complete written records of all animal licenses issued, including the following: (1) (2) (3) (4) (5) Name, address, and phone number of the owner; Species, sex, description, age, and name of the animal; Name of veterinarian; Date and ID number of rabies vaccinations; and Date and number of license issued. All such records shall be made available to City Health Department and the City Animal Control Officer during regular business hours at the Humane Society located at 3737 CR 272, Leander, Texas. C. Audits. All financial transactions of the Humane Society may be audited by the City. For this purpose, the Humane Society shall submit a monthly report to the City Finance Office. Additionally, an annual on -site audit may be conducted by the City. All financial records shall be made available to the City and its authorized representatives during regular business hours at the Humane Society Office. Further, the City retains the right to conduct an on -site audit of the financial records of the Humane Society at any reasonable time during regular business hours, such audit to be conducted by the City Finance Office or any other person or entity retained by the City for such audit purposes. 4 D. Animal Control Officer. The Animal Control Officer shall be responsible for completing, at the time of arrival, the holding forms on each animal brought in, including but not limited to written instructions as to any charges or special handling. The Animal Control Officer shall implement the policies of operation of the Animal Control Department as set out by the City. E. Costs of Operation. The Humane Society shall be solely responsible for all shelter operations, maintenance, and costs. The Humane Society has sole responsibility for the operations and policies of the animal shelter. total amount. F. Personnel. 1. Staff at Animal Shelter. The Humane Society shall be responsible for the staff, both paid and volunteer, necessary for the routine operation of the animal shelter and for administration of the licensing program. Such responsibility shall include but not be limited to compensation, insurance, and/or any other benefits for its staff. 2. Animal Control Office. The City shall be responsible for the hiring and compensation of its Animal Control Officer(s). G. Reports. The Humane Society shall provide the City with the following monthly reports and an annual report for each of the following fees or donations collected: 1. License Fees 2. Reclamation Fees 3. Boarding Fees - Reclaimed Animals 4. Boarding Fees - Non - Reclaimed Animals 5. Rabies Testing The above - listed reports shall contain the following information: the number and SECTION 7. PLANNING OBJECTIVES Both parties shall work closely together for the welfare of the citizens and animals of Round Rock. The Humane Society shall cooperate with the City in helping to develop future budgets and programs for Animal Control. SECTION 8. EVALUATIONS This agreement shall be reviewed annually as part of the City budget process. If, during the agreement year, any dispute arises between the Humane Society and the Department of 5 Animal Control which cannot be resolved by them, they shall be referred to the City Manager or his representative for settlement of the dispute. SECTION 9. NON - INTERFERENCE WITH PERFORMANCE AND FORCE MAJEURE CLAUSE The parties agree and acknowledge that the City, its officers, agents, and employees shall not in any way be responsible for any acts, occurrences or events which are caused by some third party, including but not limited to the Humane Society, external forces, weather, and Acts of God, which may affect, disrupt or terminate this agreement and thereby prevent the City's employees or its assigns from performing the service contemplated hereunder. The parties agree and acknowledge that the Humane Society, its officers, agents, and employees shall not in any way be responsible for any acts, occurrences or events which are caused by some third party, including but not limited to the City, external forces, weather, and Acts of God, which may affect, disrupt or terminate this agreement and thereby prevent the Humane Society's employees, volunteers, or its assigns from performing the service contemplated hereunder. SECTION 10. GENERAL AND ADMINISTRATIVE PROVISIONS A. This agreement shall be binding upon and inure to the benefit of the parties hereto and other entities which might follow that would qualify at law as a successor in interest, and to executors, administrators, legal representatives and assigns. Notwithstanding the foregoing, this agreement may not be assigned except as agreed upon in writing by both parties. B. In rendering performance herein, the Humane Society 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 agreement, precedence shall be given to the most restrictive provisions of such laws, regulations, terms and conditions, as determined by the City. C. There shall be no waiver. The failure or delay in the enforcement of the rights at law here inscribed to the City shall not constitute a waiver of said rights to be considered as a basis for estoppel. The City may exercise its rights despite said delay or failure to enforce said rights. D. This agreement is subject to Texas law. Any and all obligations or payments are due and payable in Round Rock, Texas, and the venue for any legal action relating to this agreement shall be in Williamson County, Texas. 6 E. This agreement is subject to severability. If any provision herein is, for any reason, held in violation of any applicable law, and so much of said agreement is held to be unenforceable, then the invalidity of such a specific provision shall not be held to invalidate any other provisions, which other provisions shall remain in full force and effect unless removal of invalid parts destroys the legitimate purposes of this agreement. In the latter case, as determined by the City, this agreement shall be canceled. F. The City shall not be held liable for, and shall be saved and held harmless by the Humane Society from and against any and all claims for damages of every kind, for injury to and death of any persons or animals and for damage to or loss of property, arising out of or attributed, directly or indirectly, to the operations, performance or negligence of the Humane Society under this Agreement. The Humane Society shall not be held liable for, and shall be saved and held harmless by the City from and against any and all claims for damages of every kind, for injury to and death of any persons or animals and for damage to or loss of property, arising out of or attributed, directly or indirectly, to the operations, performance or negligence of the City under this Agreement. G. The Humane Society shall purchase and maintain such comprehensive general liability insurance as is deemed necessary by the City. The Humane Society shall provide the City with a Certificate of Insurance evidencing the above, and said Certificate shall contain a provision that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days prior written notice has been given to the City by certified mail. H. Either party may terminate this agreement if the other party fails to cure a material breach which substantially impairs the value of the contract as a whole to the non - breaching party within ten (10) days of the receipt of written notice being given by the non - breaching party. I. The City may cancel this agreement for convenience and without cause upon ninety (90) clays written notice to the Humane Society. J. Any notice required or permitted to be given under this agreement shall be sufficient if written and hand- delivered or sent by registered mail, return receipt requested, as follows: If to the City: City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 7 With a copy to: Stephan L. Sheets, City Attorney City of Round Rock 309 East Main Street Round Rock, Texas 78664 If to the Humane Society: President Williamson County Humane Society 3737 CR 272 Leander, Texas 78641 or at any other address that may be given by any party to the other party by notice in writing. K. The Humane Society, in furnishing services to the City, is providing services as an independent contractor. The Humane Society is not to be construed as an employee, agent or acting as the agent of City in any respect, regardless of any other provisions herein to the contrary. L. Notwithstanding any provision contained in this agreement to the contrary, in the event no funds, or insufficient funds, are appropriated and budgeted by the City or are otherwise unavailable in any fiscal period for payments due under this agreement, the City will notify the Humane Society as soon as practicable of such occurrence and this agreement shall terminate on the last day of the fiscal period for which appropriations have been received or made, without penalty to the City. Signed, accepted, and agreed to this the 5 day of the month of De,C,ZWI b,2,r , ?.,bOaby the undersigned parties, who execute this legal document within the authorities granted to them by their respective entities. WILLIAMSON COUNTY HUMANE SOCIETY ATTEST: A, " Iir 411144 ---,...-/ _- ---- y. ornwell, ; - retary 8 CITY OF ROUND ROCK, TEXAS B � R..ert Stluka, Mayor ATTEST: A anne Land, City ecretary DATE: December 8, 2000 SUBJECT: City Council Meeting — December 14, 2000 ITEM: 13.A.2. Consider a resolution authorizing the Mayor to execute an agreement with the Williamson County Humane Society, Inc. for pet licensing, fee collection, boarding, rabies observation, and the reclamation of impounded animals. This is an annual contract with the Williamson County Humane Society for pet licensing, fee collection, boarding, rabies observation, and the reclamation of impounded animals. Resource: Paul Conner, Chief of Police Captain Stan Simpson History: This is an annual contract with the Williamson County Humane Society for pet licensing, fee collection, boarding, rabies observation, and the reclamation of impounded animals. The Humane Society is the only agency currently providing such boarding, observation, and reclamation services within Williamson County. Under the contract, the City would pay the Humane Society a flat fee of $3,333.34 per month, as well as fees for boarding animals that are not reclaimed by their owners. For this fiscal year, the flat fee amount is $40,000, which is $20,000 above the previous fiscal year's contract due to increased costs incurred by the Humane Society. The City currently is reviewing potentially cost - effective alternatives for these services in the next fiscal year. Funding: Cost: $40,000 plus boarding fees generally not to exceed $15.00 per animal. This is a budgeted item. Source of funds: General Fund Outside Resources: This is a contract for services with an outside vendor. Impact: Approval of the contract will allow the citizens of the City of Round Rock to continue receiving services for pet licensing, fee collection, boarding, rabies observation, and the reclamation of animals that have been impounded within the city limits. Benefit: These services are an important core component of the Police Department's animal control services. Public Comment: N/A Sponsor: None SECTION 3. FEES AGREEMENT BETWEEN THE WILLIAMSON COUNTY HUMANE SOCIETY, INC. AND THE CITY OF ROUND ROCK, TEXAS SECTION 1. PARTIES TO AGREEMENT This agreement is made and entered into by and between the Williamson County Humane Society, a non - profit organization organized under the laws of the State of Texas, hereinafter referred to as the "Humane Society", and the City of Round Rock, Texas, a Texas home -rule municipality and a political subdivision of the State of Texas, hereinafter referred to as the "City." The parties hereto have severally and collectively agreed, and by the execution hereof are bound to the mutual obligations and to the performances and accomplishments of the objectives hereinafter described. SECTION 2. AGREEMENT PERIOD The period for performance of this agreement shall commence on the / ${ day of the month of ©cfob. , vppp, and shall continue thereafter until the 30 day of the month of 8eptem b,_,r, viol, unless the agreement is terminated earlier as set out below. License fees, boarding fees, and reclamation fees (as more particularly set out hereinbelow) shall provide additional funds necessary for the continued operation of the animal control program. Such fees shall be in addition to the flat fee, as more particularly set our hereinbelow. A. Fees 1. License Fees. Each dog and cat within the city limits of Round Rock shall be registered once each year by its owner through either the Humane Society or a veterinarian practicing in the City of Round ock. The license fee shall be $5.00 for any animal which has been neutered or spayed, and M. :1 for any animal which has not been neutered or spayed, or "intact." These license fees shall be collected by the Humane Society to be used in the sole discretion of the Humane Society for the continued operation of the animal shelter. 2. Reclamation Fees. Reclamation fees shall be assessed against an animal's owner at the time of reclamation of any impounded animal. These monies shall be collected by the Humane Society to be used in the sole discretion of the Humane Society for the continued operation of the animal shelter. The reclamation fees shall be as follows: C \TEXTHUMANE2 WPU/cib 1 (a) The first time an animal is impounded, the fee may be $15.00. (b) The second time an animal is impounded, the fee shall be $25.00. (c) The third time the same animal is impounded, the fee shall be $35.00. (d) For each succeeding time the same animal is impounded, the fee shall be $35.00. 3. Boarding Fees — Reclaimed Animals. In addition to the reclamation fees described in Section 3.A.2. above, boarding fees shall be charged an animal's owner at the time of reclamation of any impounded animal. These monies shall be collected by the Humane Society to be used for the continued operation of the animal shelter. The boarding fee shall be $10.00 for each 24 -hour period, or portion thereof. 4. Boarding Fees -- Non - Reclaimed Animals. In the event an animal from an area serviced by Round Rock Animal Control is not reclaimed by its owner, boarding fees shall be charged to the City, and the City hereby agrees to pay the Humane Society the boarding fees. These monies shall be collected by the Humane Society to be used for the continued operation of the animal shelter. The boarding fee for each non - reclaimed animal shall be $5.00 for each 24 -hour period, or portion thereof. Maximum billing shall be no more than three (3) days unless specifically requested by Animal Control or otherwise required by law. NOTE: The Humane Society understands and agrees that there may be addresses that indicate Round Rock as the post office, but that are not actually in the City. The Humane Society shall not charge the City any fees from any such addresses if the animal is not impounded by Round Rock Animal Control. Because there is no adequate public pound in the City for citizens to release ownership of their animals, the City agrees to pay the fee for one (1) day's boarding for any animal released to the Humane Society from an area serviced by Round Rock Animal Control. These monies shall be collected by the Humane Society to be used for the continued operation of the animal shelter. 5. Rabies Testing. When an animal bites a person, state law requires that the animal must be either (i) tested for rabies by submission of its brain to a state lab, or (ii) quarantined for ten (10) days. Before testing (decapitating), animals shall be held a maximum of three (3) days for the purpose of attempting to locate an owner or allowing owner to pay for the ten (10) day observation. In the event the animal is not reclaimed, the City shall pay the $5.00 per day boarding fee as provided for herein, together with the $25.00 handling fee. These monies shall be collected by the Humane Society to be used for the continued operation of the animal shelter. 2 6. Flat Fee. For the term of this agreement, the City shall pay to the Humane Society the sum of Three Thousand Three Hundred Thirty -three Dollars and 34/100 ($3,333.34) per month. C. Animal Defined. For purposes of fees, animal is defined as any single animal or a litter consisting of animals less than four (4) months of age. SECTION 4. PERFORMANCES BY THE HUMANE SOCIETY A. Licensing. The Humane Society shall be responsible for the distribution and sale of all city do, and cat licenses for the period of performance of this agreement, commencing - on Cktr7 zb ©Q , and continuing thereafter until 3Q I2f, both directly and through licensed veterinarians practicing in Round Rock. Al licenses shall be sold in accordance with the ordinances and regulations of the City of Round Rock and at the fees established therein. The Humane Society shall be responsible for procuring the license tags and providing all materials necessary for record keeping. B. Collection of Fees. The Humane Society shall collect, on behalf of the City, any charges designated by the Animal Control Officer, this agreement or the ordinances and regulations of the City before releasing an animal to an owner reclaiming it. Such monies collected shall be reported monthly to the City Finance Office. The Humane Society shall retain all license fees, boarding fees, and reclamation fees collected to be used for the continued operation of the animal shelter. The Humane Society shall not charge the City any administrative fees. Boarding fees shall be charged to the City as more particularly set out herein. C. Boarding. Every animal not wearing a license tag and not claimed and redeemed by the owner prior to the expiration of three (3) calendar days, not including the day of impoundment or days the shelter is closed to the public, shall become the sole and exclusive property of the Humane Society. Every animal wearing a license tag and not claimed and redeemed by the owner prior to the expiration of seven (7) calendar days, not including the day of impoundment or days the shelter is closed to the public, shall become the sole and exclusive property of the Humane Society. D. The Humane Society agrees to accept each and every animal delivered by the City, its officers, agents, or employees and to provide each and every animal with shelter, food, water, and all other humane treatment of the same degree and kind that the Humane Society provides for all other animals coming into its custody and control, except as hereinafter stipulated. E. The Humane Society agrees to keep its animal shelter open to the public not less than six (6) hours per day on weekdays and not less than three (3) hours on Saturdays for the purpose of giving owners ample opportunity to redeem their impounded animals. 3 F. The Humane Society shall provide facilities for rabies observation on a continuing basis for at least two (2) dogs and four (4) cats. If requested by the City, animals delivered to the Humane Society for rabies observation shall be isolated for a period of ten (10) days. G. The Humane Society shall provide the City with annual reports prepared by an independent Certified Public Accountant. SECTION 5. PERFORMANCES BY THE CITY The City shall be responsible for all aspects of animal control within the city limits of Round Rock except for the responsibilities assumed by the Humane Society pursuant to this agreement. The City shall also be responsible for the payment of any legitimate fees charged it by the Humane Society as set out in this agreement in accordance with its prompt payment policy. SECTION 6. GENERAL ADMINISTRATION A. Office Space. The Humane Society shall provide, at no cost to the City, office space for City Animal Control and parking for the Animal Control vehicles at the Humane Society's offices located at 3737 CR 272, Leander, Texas. B. Record Keeping. The Humane Society shall be responsible for keeping complete written records of all animal licenses issued, including the following: (1) Name, address, and phone number of the owner; (2) Species, sex, description, age, and name of the animal; (3) Name of veterinarian; (4) Date and ID number of rabies vaccinations; and (5) Date and number of license issued. All such records shall be made available to City Health Department and the City Animal Control Officer during regular business hours at the Humane Society located at 3737 CR 272, Leander, Texas. C. Audits. All financial transactions of the Humane Society may be audited by the City. For this purpose, the Humane Society shall submit a monthly report to the City Finance Office. Additionally, an annual on -site audit may be conducted by the City. All financial records shall be made available to the City and its authorized representatives during regular business hours at the Humane Society Office. Further, the City retains the right to conduct an on -site audit of the financial records of the Humane Society at any reasonable time during regular business hours, such audit to be conducted by the City Finance Office or any other person or entity retained by the City for such audit purposes. 4 D. Animal Control Officer. The Animal Control Officer shall be responsible for completing, at the time of arrival, the holding forms on each animal brought in, including but not limited to written instructions as to any charges or special handling. The Animal Control Officer shall implement the policies of operation of the Animal Control Department as set out by the City. E. Costs of Operation. The Humane Society shall be solely responsible for all shelter operations, maintenance, and costs. The Humane Society has sole responsibility for the operations and policies of the animal shelter. F. Personnel. 1. Staff at Animal Shelter. The Humane Society shall be responsible for the staff, both paid and volunteer, necessary for the routine operation of the animal shelter and for administration of the licensing program. Such responsibility shall include but not be limited to compensation, insurance, and/or any other benefits for its staff. 2. Animal Control Office. The City shall be responsible for the hiring and compensation of its Animal Control Officer(s). G. Reports. The Humane Society shall provide the City with the following monthly reports and an annual report for each of the following fees or donations collected: total amount. 1. License Fees 2. Reclamation Fees 3. Boarding Fees - Reclaimed Animals 4. Boarding Fees - Non - Reclaimed Animals 5. Rabies Testing The above - listed reports shall contain the following information: the number and SECTION 7. PLANNING OBJECTIVES Both parties shall work closely together for the welfare of the citizens and animals of Round Rock. The Humane Society shall cooperate with the City in helping to develop future budgets and programs for Animal Control. SECTION 8. EVALUATIONS This agreement shall be reviewed annually as part of the City budget process. If, during the agreement year, any dispute arises between the Humane Society and the Department of 5 Animal Control which cannot be resolved by them, they shall be referred to the City Manager or his representative for settlement of the dispute. SECTION 9. NON - INTERFERENCE WITH PERFORMANCE AND FORCE MAJEURE CLAUSE The parties agree and acknowledge that the City, its officers, agents, and employees shall not in any way be responsible for any acts, occurrences or events which are caused by some third party, including but not limited to the Humane Society, external forces, weather, and Acts of God, which may affect, disrupt or terminate this agreement and thereby prevent the City's employees or its assigns from performing the service contemplated hereunder. The parties agree and acknowledge that the Humane Society, its officers, agents, and employees shall not in any way be responsible for any acts, occurrences or events which are caused by some third party, including but not limited to the City, external forces, weather, and Acts of God, which may affect, disrupt or terminate this agreement and thereby prevent the Humane Society's employees, volunteers, or its assigns from performing the service contemplated hereunder. SECTION 10. GENERAL AND ADMINISTRATIVE PROVISIONS A. This agreement shall be binding upon and inure to the benefit of the parties hereto and other entities which might follow that would qualify at law as a successor in interest, and to executors, administrators, legal representatives and assigns. Notwithstanding the foregoing, this agreement may not be assigned except as agreed upon in writing by both parties. B. In rendering performance herein, the Humane Society 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 agreement, precedence shall be given to the most restrictive provisions of such laws, regulations, terms and conditions, as determined by the City. C. There shall be no waiver. The failure or delay in the enforcement of the rights at law here inscribed to the City shall not constitute a waiver of said rights to be considered as a basis for estoppel. The City may exercise its rights despite said delay or failure to enforce said rights. D. This agreement is subject to Texas law. Any and all obligations or payments are due and payable in Round Rock, Texas, and the venue for any legal action relating to this agreement shall be in Williamson County, Texas. 6 E. This agreement is subject to severability. If any provision herein is, for any reason, held in violation of any applicable law, and so much of said agreement is held to be unenforceable, then the invalidity of such a specific provision shall not be held to invalidate any other provisions, which other provisions shall remain in full force and effect unless removal of invalid parts destroys the legitimate purposes of this agreement. In the latter case, as determined by the City, this agreement shall be canceled. F. The City shall not be held liable for, and shall be saved and held harmless by the Humane Society from and against any and all claims for damages of every kind, for injury to and death of any persons or animals and for damage to or loss of property, arising out of or attributed, directly or indirectly, to the operations, performance or negligence of the Humane Society under this Agreement. The Humane Society shall not be held liable for, and shall be saved and held harmless by the City from and against any and all claims for damages of every kind, for injury to and death of any persons or animals and for damage to or loss of property, arising out of or attributed, directly or indirectly, to the operations, performance or negligence of the City under this Agreement. G. The Humane Society shall purchase and maintain such comprehensive general liability insurance as is deemed necessary by the City. The Humane Society shall provide the City with a Certificate of Insurance evidencing the above, and said Certificate shall contain a provision that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days prior written notice has been given to the City by certified mail. H. Either party may terminate this agreement if the other party fails to cure a material breach which substantially impairs the value of the contract as a whole to the non - breaching party within ten (10) days of the receipt of written notice being given by the non - breaching party. I. The City may cancel this agreement for convenience and without cause upon ninety (90) days written notice to the Humane Society. J. Any notice required or permitted to be given under this agreement shall be sufficient if written and hand - delivered or sent by registered mail, return receipt requested, as follows: If to the City: City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 7 With a copy to: Stephan L. Sheets, City Attorney City of Round Rock 309 East Main Street Round Rock, Texas 78664 If to the Humane Society: President Williamson County Humane Society 3737 CR 272 Leander, Texas 78641 or at any other address that may be given by any party to the other party by notice in writing. K. The Humane Society, in furnishing services to the City, is providing services as an independent contractor. The Humane Society is not to be construed as an employee, agent or acting as the agent of City in any respect, regardless of any other provisions herein to the contrary. L. Notwithstanding any provision contained in this agreement to the contrary, in the event no funds, or insufficient funds, are appropriated and budgeted by the City or are otherwise unavailable in any fiscal period for payments due under this agreement, the City will notify the Humane Society as soon as practicable of such occurrence and this agreement shall terminate on the last day of the fiscal period for which appropriations have been received or made, without penalty to the City. Signed, accepted, and agreed to this the ,nth day of the month of 702,42 4eY 2600 by the undersigned parties, who execute this legal document within the authorities granted to them by their respective entities. WILLIAMSON COUNTY HUMA SOCIETY CITY 0 'OUND ROCK, TEXAS </ / /L� ahlon Arnett, President 8 ATTEST: By: OP 44ii Robert Stluka, Mayor e Land, City Secretary