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R-95-05-11-15H - 5/11/1995WHEREAS, the City of Round Rock ( "City ") has enacted and codified several ordinances regulating the keeping of animals within the city limits; and WHEREAS, to enforce the animal control provisions of the City Code, City animal control officers are authorized to impound animals under certain conditions; and WHEREAS, the City is in need of facilities necessary to house animals impounded by the animal control officers of the City; and WHEREAS, the City is in need of facilities to which citizens may release ownership of their animals; and WHEREAS, the Williamson County Humane Society ( "WCHS ") possesses adequate facilities for housing impounded animals, and the WCHS proposes to provide such facilities to the City; and WHEREAS, the City desires to enter into a written agreement with the WCHS regarding such facilities for housing impounded and released animals; 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 WCHS for public pound services, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this llth day of May, 1995. ATTEST: R54o 1ox,rrr°' NE LAND, City Secretary RESOLUTION NO. R- 95- 05- 11 -151-1 JL/ CHARLES C PER, 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: wchs\contract \rr ARTICLE 1. DEFINITIONS The following terms when used in this contract shall have the following meanings: 1.01 "Animal" means any and all animals including, but not limited to, dogs or cats. For the purposes of this agreement "animal" is defined as any single animal or a litter consisting of animals less than four months of age. 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 provides animal control services as authorized by Federal, State, or local laws and 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. 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 (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 Society. If, however, the animal is wearing a current registration tag, seven (7)calendar days must pass before the City can transfer ownership of the animal to the Society. 2.03 The Society shall have the undisputed right consistent with the Code's provisions and in compliance with Chapter 823, Texas Health and Safety Code, to humanely dispose of every Animal given into its custody in accordance with its principals as follows: (a) To place in the home of a 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. 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, 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 to the Society during normal business hours. 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. wchs \contract \rr 2 2.08 The 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. 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 City Code. The Society has the right to waive an impoundment fee based upon its own discretion and subject to a showing of good cause by its owner or due to unusual circumstances. 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 Society by the City Wardens or other persons. The reimbursement shall be computed at five dollars ($5.00) per day per Animal. 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 not have to reimburse the Society for any costs associated with that particular animal and all such costs shall be the responsibility of the Society and may be collected from the animal's owner at the discretion of the Society. wcbs \contract \rr 3 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 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 the Society prepare and submit specimens for rabies testing, the City agrees to reimburse the Society $25 per specimen. 3.05 The City agrees to pay the Society by the fifteenth (15th) day following receipt by Finance Department of the 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: (a) The number of Animals received by the Society; the type of Animal, and whether the Animal was a stray or owner release; (b) The number of animals humanely disposed; type of Animal; (c) 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. wchs \contract \rr 4 4.02 Monthly reports 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 are not sent by the 15th day of a month, payments due Society from the City will be withheld until said report 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, performance or negligence 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 canceled, materially changed or renewal refused until at least thirty (30) days prior written notice has been given to the City by certified mail. 6.01 Term. 6.02 Termination. ARTICLE 5. INSURANCE AND INDEMNIFICATION ARTICLE 6. MISCELLANEOUS This agreement shall be in effect from January 1, 1995 through December 31, 1995. 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 wchs \contract \rr 5 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. 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 East Main Street Round Rock, Texas 78664 With a copy to: Stephen L. Sheets 309 East Main Street Round Rock, Texas 78664 If to the Society: President Williamson County Humane Society 2121 North Mays Round Rock, Texas 78664 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 wchs \contract \rr 6 of City in any respect, regardless of any other provisions herein to the contrary. ENTERED into this day of , 1995 to be effective January 1, 1995. ATTEST: by: � (( % I / k, JoAnne Land, Assistant City Manager and City Secretary City of Round Rock, Texas by: Connie Lucas, Secretary Williamson County Humane Society wchs \contract \rr 7 Williamson County Humane Society by: Tammy Dellsperger President City of Round Rock, Texas by: Charles C Mayor '1 ; upper DATE: May 9, 1995 SUBJECT: City Council Meeting - May 11, 1995 ITEM: 15.H. Consider a resolution authorizing the Mayor to execute an agreement with the Williamson County Humane Society for public pound services. STAFF RESOURCE PERSON: Wes Wolff STAFF RECOMMENDATION: This agreement allows the Williamson County Humane Society to continue boarding animals picked up within the City limits. Staff recommends approval.