R-96-08-08-10A - 8/8/1996pound services, and
WHEREAS, Williamson County Humane Society has submitted an
agreement to provide said services, and
WHEREAS, the City Council desires to enter into said
agreement with Williamson County Humane Society, 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 Williamson County Humane
Society for public pound services, a copy of said agreement being
attached hereto and incorporated herein for all purposes.
RESOLVED this 8th day of August, 1996.
ATTEST:
WHEREAS, the City of Round Rock desires to retain public
A:\ WPDOCS \AASOLIITI \AS6DSQSA.xpp /ecg
LAND, City Secretary
RESOLUTION NO. R- 96- 08- 08 -10A
CHARLES CULPE R, Mayor
City of Round Rock, Texas
ADMINISTRATIVE AGREEMENT
BETWEEN
THE WILLIAMSON COUNTY HUMANE SOCIETY
AND
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 April 01, 1996, and shall
continue thereafter until September 30, 1998, unless the agreement is terminated earlier as set
out below.
SECTION 3. FUNDING
A. Animal Control Budget. 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 boarding fees,
rabies fees, and monthly charges paid by the City, as more particularly set our hereinbelow.
B. 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 Rock. The license fee shall be $5.00 for any animal which has
been neutered or spayed, and $10.00 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 moneys shall be collected by
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1
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:
(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(B)(2), above, boarding fees shall be charged an animal's owner at the time
of reclamation of any impounded animal. These moneys shall be collected by the Humane
Society and added to the City Animal Control funds, to be used for the continued operation of
the animal shelter. The boarding fee shall be $7.00 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 moneys shall be collected by the Humane Society and added to the City Animal Control
funds, 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. Should any animal be brought to the Humane Society by an Animal
Control Officer of the City, and said animal is dead on arrival, the City shall be charged one (1)
day's boarding fee of $5.00 for the Humane Society to process and dispose of the deceased
animal.
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 moneys shall be collected by the Humane Society and added to the City Animal Control
funds, 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
moneys shall be collected by the Humane Society and added to the City Animal Control funds,
to be used for the continued operation of the animal shelter.
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6. For the period beginning April 1, 1996 through September 30, 1996, the
City will pay the Humane Society $2,500.00 per month . For the period beginning October 1,
1996 through September 30, 1998, the City will pay the Humane Society $1,666.67 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 April 1, 1996, and continuing thereafter until September 30, 1998, both directly and
through licensed veterinarians practicing in Williamson County. 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 this Agreement or the ordinances and regulations of the City before
releasing an animal to an owner reclaiming it. Such moneys collected shall be reported monthly
to the City Auditor's office. The Humane Society shall retain all license fees, boarding fees, and
reclamation fees collected, to be used as part of the City Animal Control Budget, as provided for
in Section 3(A), hereinabove. The Humane Society shall not charge the City any administrative
fees. Boarding fees shall be charged to the City as more particularly set out hereinabove.
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 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
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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 Society for rabies observation shall be isolated for a period of ten (10) days.
SECTION 5. PERFORMANCES BY THE CITY
The City shall be responsible for all aspects of animal control within the incorporated
areas of Round Rock except for the responsibilities assumed by the Humane Society pursuant to
this Agreement . The City shall also be responsible for the prompt payment of any boarding and
rabies testing fees charged it by the Humane Society as set out in this Agreement.
SECTION 6. GENERAL ADMINISTRATION
A. Office Space. The Humane Society shall provide, at no cost to the City, heated
and air conditioned office space for City Animal Control and parking for the Animal Control
vehicles at the Humane Society's offices located at 2121 North Mays, Round Rock, 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 any City officer, employee, or agent during regular
business hours at the Humane Society Office located at 2121 North Mays, Round Rock, Texas.
C. Audits. All financial transactions of the Humane Society shall be audited by the
office of the City Auditor. For this purpose, the Humane Society shall submit a monthly report
to the City Auditor's office. Additionally, an annual on -site audit may be conducted by the office
of the City Auditor. All financial records shall be made available to the City Auditor and his
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 Auditor's
office or any other person or entity retained by the City for such audit purposes.
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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).
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
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. 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 Society's
employees or its volunteers from performing the service contemplated hereunder.
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SECTION 10. GENERAL AND ADNIINISTRATIVE 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 Round Rock, Williamson County, Texas.
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
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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 Round Rock, Williamson County, Texas.
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.
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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
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
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.
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
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the last day of the fiscal period for which appropriations have been received or made, without
penalty to the City.
Executed this May of
By:
Monica Benoit - Beatty, President
ATTEST:
WILLIAMSON COUNTY HUMANE SOCIETY
By: C C-66,1 By:
Tina Wallen, Secretary Jo
8
, 1996.
CITY OF ROUND ROCK, TEXAS
By: po /
Charles Culpeppe , a or
ATTEST:
Land, Asst. City Mgr. & City Secretary
DATE: August 6, 1996
SUBJECT: City Council Meeting - August 8, 1996
ITEM: 10.A. Consider a resolution authorizing the Mayor to execute an
agreement with the Williamson County Humane Society for
public pound services.
STAFF RESOURCE PERSON: Buster Kuhlmann
STAFF RECOMMENDATION:
The attached resolution authorizes the Mayor to sign an agreement with the
Williamson County Humane Society for pound fees. This agreement will fulfill the
current year fees and will expire September 30, 1998.
The additional fee is due to the increase in animal impoundments and cost factor of
expanding the facility to handle the increase.
Mayor
Charles Culpepper
Mayor Pro-tem
Earl Palmer
Connell Members
Robert Stluke
Rod Morgan
Rick Stewart
Martha Chavez
Jbnmy Joseph
City Manager
Robert L Bennett. Jr.
City Attorney
Stephan L Sheets
CITY OF ROUND ROCK
August 13, 1996
Ms. Monica Benoit - Beatty, President
Williamson County Humane Society
2121 North Mays
Round Rock, TX 78664
Dear Ms. Benoit - Beatty:
Resolution No. R- 96- 08- 08 -10A was approved by the Round
Rock City Council on August 8, 1996.
Enclosed are copies of the resolution and agreement for your
files. If you have any questions, please do not hesitate to call.
cerely,
Joanne Land
Assistant City Manager/
City Secretary
Enclosure(s)
Fax: 512-218-7097
1-800-735-2989 TDD 1-800-735-2988 voice
221 East Main Street
Round Rock, Texas 78664
512 -218 -5400