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R-89-1378 - 11/21/1989WHEREAS, there is no adequate public pound facilities within Williamson County or the City of Round Rock for animals seized by City Wardens; and WHEREAS, the Williamson County Humane Society proposes to privately operate a public pound; and WHEREAS, the City of Round Rock desires to provide certain compensations to the Williamson County Humane Society in return for the benefits of the public pound bestowed on the citizens of Round Rock, 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 Society for public pound services, said agreement attached hereto and incorporated herein for all purposes. RESOLVED this 21st day of November, 1989. ATTEST: JO E LAND, Cit Secretary C- RS11219B RESOLUTION NO. /37M ' ` MIKE ROBINSON, Mayor City of Round Rock, Texas CITY OF ROUND ROCK WILLIAMSON COUNTY AGREEMENT FOR PUBLIC POUND SERVICES WILLIAMSON COUNTY HUMANE SOCIETY, INC. This contract is entered into, by and between the City of Round Rock, Texas (hereinafter referred to as "City "), and the Williamson County Humane Society, a non - profit corporation having its principal place of business in Williamson County, Texas (hereinafter referred to as the "Society ".) Recitals WHEREAS, there is no adequate public pound within the City of Round Rock or Williamson County for animals seized by the City Wardens; and WHEREAS, there is no adequate public pound within the City of Round Rock or Williamson County for citizens to release ownership of their animals; and WHEREAS, the Society proposes to privately operate a public pound; NOW, THEREFORE, in consideration of the covenants, payments, the amount and sufficiency of which is acknowledged, and agreements hereinafter set forth, parties agree as follows: ARTICLE 1. DEFINITIONS The following terms when used in this contract shall have the following meanings: 1.01 "Animal" means a dog or cat. 1.02 "Code" or "City Code" means Code of Ordinances, Chapter 2, Animal Control as adopted and amended from time to time by the Round Rock City Council. 1.03 "City Warden" means an employee of the City of Round Rock who as agent for the City provide animal control services as authorized by City ordinances. 1.04 "Owner Release Animal" means an animal whose owner has released his /her rights and privileges of the animal to the Humane Society or a City Warden. 1.05 "Stray" means an animal found running at large or injured. C38AGREEHS ARTICLE 2. SCOPE OF WORK 2.01 The City represents to the Society that it has in force a City Code which provides for: the vaccination and licensing of animals; the impoundment of animals running at large; and the condemnation or sale of animals. While this contract is in effect, the provisions of the Ciy Code, as amended from time to time, will be continued in force. 2.02 The City agrees that every Animal, seized by City Wardens, not claimed and redeemed by the owner before the expiration of three calendar (3) 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 Society. 2.03 The Society shall have the undisputed right consistent with the Code's provisions, to humanely dispose of every Animal given into its custody in accordance with its principles as follows: (a) To place in the home of new owner, or (b) as an agent for the City, to humanely dispose of such Animals as are not claimed by owners and which are not placed in new homes. 2.04 The City is fully responsible under the provisions of the City Code for carrying out all enforcement provisions and that the Society will not be required to apprehend nor impound any Animals found running at large. 2.05 All Animals apprehended within the confines of the City of Round Rock by its duly appointed agents, shall be delivered to the Society along with reasonable documentation, there to be impounded under the exclusive control and custody of the Society for periods of time as required by State law and the City Code. 2.06 The City agrees to maintain records of Animal impoundment and to make such records available during normal business hours to the Society. 2.07 The Society agrees to accept each and every Animal delivered to its shelter located at Round Rock, Texas, by the agents of the City and to provide each and every such Animal with shelter, food, water and all other humane treatment of the same degree and kind that the Society provides for all other Animals coming into its custody and control, except as hereinafter stipulated. 2.08 The Society agrees to keep its Animal shelter open to the public not less than six (6) hours per day on week days and 2. not less than three of giving owners impounded Animals. 2.09 The Society agrees to an animal impounded fee in accordance with (3) hours on Saturdays for the purpose ample opportunity to redeem their require every owner seeking to redeem by City Wardens to pay an impoundment the City Code. 2.10 The Society will require the owner of every impounded Animal to pay all applicable fees including registration and vaccination fees of an impounded Animal which has not been inoculated and licensed. 2.11 The Society shall have the exclusive right to determine the responsibility of persons offering to become the owners of unclaimed animals and the suitability of homes offered and shall have the exclusive right to accept or reject such applicants for unclaimed animals. The Society shall have the exclusive right to determine if and when animals are to be placed or destroyed. 2.12 The 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 Society by the City for rabies observation shall be isolated for a period of ten (10) days. 2.13 The Society will provide heated and air conditioned office space and restroom facilities for Animal Control personnel. ARTICLE 3. COMPENSATION AND PAYMENTS 3.01 The City shall reimburse the Society for costs associated with stray animals originating from within the City's limits brought to the Humane Society by the City Wardens or Round Rock Citizens. The reimbursement shall be computed as follows: seven dollars ($7.00) per day per animal (a litter of animals constitutes one animal). The Society shall provide an accurate accounting of costs associated with impounded animals. 3.02 The City shall reimburse the society for all costs associated with euthansia. The reimbursement shall be computed as follows: two dollars ($2.00) per animal. 3.03 The Society shall provide to the City an annual audit report, based on its contract activities during the prior fiscal year within one hundred and twenty (120) days following each fiscal year. The City reserves the right to perform, at its own expense, an independent audit of the annual audit report required by this agreement. 3. 3.04 The City agrees to pay the Society by the Fifteenth (15th) day following receipt by City of a statement for services rendered to animals impounded based on the impoundment, boarding and medical fees agreed to in this contract. Each monthly payment made by the City shall be reconciled against the Society's monthly report required under Article 4 of this agreement. 3.05 The Society agrees to act as agent for the City and shall collect all impounding, boarding and licensing fees from animal owners which are payable under this contract and /or the City Code or any amendment thereto. The Society shall pay the foregoing revenue to the City by the 15th of the month after the month collected. All other revenues and fees collected shall be the property of the Society. ARTICLE 4. REPORTS 4.01 Financial and service records and reports are to be maintained and submitted to the City for services rendered to impounded animals picked up within the City limits by City Wardens in the following manner: (a) The number of animals received by the Society by: Classification of animal, and whether the animal was a stray or owner release; (b) The number of animals humanely disposed of by: Classification of animal, and whether the animal was a stray or owner release; (c) The number of impoundments (separated as to first, second or third offense) by: Classification of animal; and whether the animal was a stray or owner release; (d) The number of animals in rabies observation by: Number of days in custody; number redeemed by owners; classification of animal, and whether the animal was a stray or owner release; (e) Further, that the Society will submit to the City a monthly statement of all such fees collected on behalf of the City. 4.02 Monthly reports and revenues, which reflect and fulfill the requirements of the above Paragraph shall be submitted 4. monthly within fifteen (15) working days after the end of the month. The City reserves the right to require a complete audit of said records at any time deemed necessary at the expense of the City. In the event that these reports and revenues are not sent by the 15th day of a month, payments due Society from the City will be withheld until said report and revenues are submitted. 5.01 Indemnity. The City of Round Rock shall not be held liable for, and shall be saved and held harmless by the Society from and against any and all claims and damages of every kind, for injury to or 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 or performance of the Society under this Agreement. 5.02 Insurance. 6.01 Term. ARTICLE 5. INSURANCE AND INDEMNIFICATION The Society shall purchase and maintain such comprehensive general liability insurance as is deemed necessary by the City. The 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 cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to the City by certified mail. ARTICLE 6. MISCELLANEOUS This agreement shall be in effect from the date this Agreement is approved by the City through September 30, 1990. 6.02 Termination. Either party may terminate this agreement if the other fails to cure a material breach which substantially impairs the value of the contract as a whole to the nonbreaching party within ten (10) days of receipt of written notice being given by the non - breaching party. In the event such default or breach is not cured within the specified time, the contract may be terminated after five (5) days written notification. 5. 6.03 Cancellation. The City may cancel this agreement for convenience and without cause upon one hundred and eighty (180) days written notice to the Society. 6.04 Amendment. Any amendment to this contract shall be in writing and approved by both parties. 6.05 Choice of Law and Venue. This contract shall he governed by and construed in accordance with the laws of the State of Texas. This contract is performable in Williamson County, Texas and venue for any litigation arising from this contract shall be in Williamson County, Texas. 6.06 Notices. Any notice required or permitted to be given under this contract shall be sufficient if written and hand - delivered or sent by registered mail, return receipt requested, as follows: City Manager 221 E. Main Street Round Rock, Texas 78664 With a copy to: City Attorney's Office Executive Director Williamson County Humane Society, Inc. P.O. Box 1304 Round Rock, Texas 78680 or at any other address that may be given by any party to the other party by notice in writing. 6 . Executed this the ;21,a, day of 17) , 1989 in Round Rock, Williamson County, Texas. ATTEST: 0 N LAND, City Secretary Apprpvpd as to Form: City Date: ,1 9gJ City of Round Rock 7. By: MIKE ROBINSON, Mayor 7q Date: f Q/li ,21 , / b l Williamson County Humane Society, Inc. I Date: /G , 1- l� DATE: November 17, 1989 SUBJECT: City Council Agenda, November 21, 1989 ITEM: 9A. Consider a resolution authorizing the Mayor to enter into an operational agreement with Williamson County Humane Society. STAFF RESOURCE PERSON: Paul Gambrel STAFF RECOMMENDATION: The revenue implications and long -range objectives for animal control were discussed as a recent work session item. This agreement is designed to became effective with the offical opening of the Williamson County Hnnane Society Animal Shelter. The recommendation is for approval.