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R-91-1684 - 12/19/1991I WHEREAS, the City of Round Rock has outgrown its current animal pound facility, and WHEREAS, the Williamson County Humane Society ("Society ") operates an animal pound in the City, and WHEREAS, an Agreement For Public Pound Services ( "Agreement ") has been prepared whereby Society agrees to provide pound facilities to the City and its citizens, and WHEREAS, the City Council wishes to approve said Agreement, 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 Human Society to provide pound facilities to the City and its citizens, a copy of said Agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 19th day of December, 1991. ATTEST: NE C- RS12191B LAND, City Secretary RESOLUTION NO. J "' " Lil `- MIKE ROBINSON, Mayor City of Round Rock, Texas AGREEMENT FOR PUBLIC POUND SERVICES 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. C- AGREEHS 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. 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) 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 -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 not less than three (3) hours on Saturdays for the purpose of giving owners ample opportunity to redeem their impounded Animals. 2.09 The Society agrees to require every owner seeking to redeem an animal impounded by City Wardens to pay an impoundment fee in accordance with 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 2 . 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 Society by the City Wardens or other persons. The reimbursement shall be computed at five dollars ($5.00) per day per Animal or per litter. The Society shall keep and provide to the City an accurate accounting of costs associated with impounded animals. Provided however, if an Animal is reclaimed by its owner, the City shall receive a credit for all impound and boarding fees paid by said owners. 3.02 In consideration for the services provided the City by the Society, the Society shall be entitled to retain all revenue from registration and licensing fees. - 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. 3.04 If City Wardens request Society to prepare and submit specimens for rabies testing, the City agrees to reimburse Society $25.00 per specimen. 3.05 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. 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: 3 . (a) The number of Animals received by the Society; the type of Animal, and whether the Animal was a stray or owner release; (b) (c) The number of Animals humanely disposed; type of Animal; The number of impoundments (separated as to first, second or third offense); and type of Animal; (d) The number of Animals in rabies observation; the number of days in custody; number redeemed by owners; type of Animal, and whether the animal was a stray or owner release; and (e) The number of licenses issued; the type of Animals; and whether or not the Animals were spayed, neutered, or left intact. 4.02 Monthly reports and revenues, which reflect and fulfill the requirements of the above Paragraph shall be submitted 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. ARTICLE 5. INSURANCE AND INDEMNIFICATION 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. 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. 4. 6.01 Term. This agreement shall be in effect from the date this Agreement is approved by the City through December 31, 1993. 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. 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 Choice of Law and Venue. This contract shall be 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. 6.05 Notices. With a copy to: ARTICLE 6. MISCELLANEOUS 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: If to the City, City Manager 221 E. Main Street Round Rock, Texas 78664 Stephan L. Sheets 309 East Main Street Round Rock, Texas 78664 Executive Director Williamson County Humane Society, Inc. P.O. Box 1304 Round Rock, Texas 78680 5 . or at any other address that may be given by any party to the 'other party by notice in writing. 6.06 No Agency. Society, in furnishing services to City, is providing services as an independent contractor. Society is not to be construed as an employee, agent or acting as the agent of City in any respect, regardless of any other provision herein to the contrary. Entered into this O 3 — day of , 1991. Williamson County Humane Society By: Y. 1J Dr. Jane ahlow, its Executive Director City of Round Rock, Texas 41 134°' By: 6. MIKE ROBINSON, Mayor STAFF RECOMMENDATION: DATE: December 17, 1991 SUBJECT: City Council Meeting, December 19, 1991 ITEM: 9B. Consider a resolution authorizing the Mayor to enter into an agreement with the Williamson County Humane Society. STAFF RESOURCE PERSON: Jim Nuse This agreement allows the Williamson County Humane society to begin boarding animal picked up within the City limits. It also provides for the Human Society to sell licenses for dogs and cats. ECONOMIC IMPACT: The cost for animal boarding will be $5.00 per night, maximum of 3 nights per animal. Impound fees paid by an owner reclaiming an animal will be credited to Round Rock. The officers will be free to be in the field more often due to no boarding responsibilities.