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R-98-08-13-10C1 - 8/13/1998RESOLUTION NO. R- 98- 08- 13 -10C1 WHEREAS, the City of Round Rock desires to retain public pound 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. 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 13th day of August, 1998. ATTEST: \WPDOCS \RESOLD I \xe0823C1.WPO /bcg LAND, City Secretary CHARLES CULPEPPER, Mayor City of Round Rock, Texas SECTION 3. FUNDING ADMINISTRATIVE AGREEMENT BETWEEN THE WIT .T ,IAMSON COUNTY HUMANE SOCIETY, INC. 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, Inc., a non -profit corporation organized under the laws of the State of Texas, herinafter 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 October 1, 1998, and shall continue thereafter until September 30, 2000, or longer, subject to the mutual satisfaction of the parties and recertification of the agreement, or until termination of the agreement as set out below. A. 1998 -99 and 1999 -2000 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 flat fee, as more particularly set out 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 $20.00 for any animal which has not been neutered or spayed, or is "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 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. AGREEMENT PAGE 1 (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(BX2), 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 Animal Control funds, to be used for the continued operation of the animal shelter. The boarding fee shall be not less than $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 moneys shall be collected by the Humane Society and added to the 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. 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 someone, state law requires that it must be either (1) 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) days of 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, 6. Flat Fee. For the term of this agreement, the City shall pay to 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 October 1, 1998, and continuing thereafter until September 30, 2000, both directly and through licensed AGREEMENT PAGE 2 veterinarians practicing in Round Rock. All licenses shall be sold in accordance with the current ordinances and regulations of the City. 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, the 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), herinabove. The Humane Society shall not charge the City any administrative fees. Boarding fees shall be charged 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 the 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 dame degree and kind that the Society provides for all other animals coming into its custody and control, except as herein 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, save and except on holidays, for the purpose of giving owners ample opportunity to redeem their impounded animals F. The Humane Society shall provide facilities for rabies observation on a continuing basis for at least two dogs and four cats. If requested by the City, animals delivered to the Society for rabies observation shall be isolated for a period of ten days. SECTION 5. PERFORMANCES BY THE CITY The City shall be responsible for all aspects of animal control within its city limits except for those responsibilities assumed by the Humane Society pursuant to this Agreement. The City shall also be responsible for the prompt payment of any 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, office space for Animal Control and parking for the Animal Control vehicles at the Humane Society's facility located at 2121 North Mays, Round Rock, Texas, or at any future facility. AGREEMENT PAGE 3 B. Record Keeping. The Humane Society shall be responsible for keeping complete written records of all animal licenses issued, including the following: (1) (2) ( (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 vaccination; and Date and number of license issued. All such records shall be made available to the City Health Department and the City Animal Control officer during regular business hours at the Humane Society Office. C. Audits. All financial transactions ofthe 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. 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 the 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 AGREEMENT PAGE4 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, which may affect, disrupt, or terminate this agreement and thereby prevent the City's employees from performing the service contemplated hereunder. The parties agree and acknowledge that the Humane Society, its officers, agents, employees and volunteers 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, which may affect, disrupt, or terminate this agreement and thereby prevent the Humane Society's employees 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. if The Humane Society shall comply with the Law and Order Precedence. 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 parties shall not constitute a waiver of said rights to be considered as a basis for estoppel. The parties may exercise their 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 Williamson County, Texas, and the venue for any legal action relating to this agreement shall be in 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, AGREEMENT PAGE5 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 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 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: AGREEMENT PAGE 6 or at any other address that may be given by any party to the other party by notice in writing. By: President Williamson County Humane Society 2121 North Mays Round Rock, Texas 78664 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 7.h Signed, accepted, and agreed to this 13 day of parties, who execute this legal document within the authorities WILLIAMSON COUNTY HUMANE SQCIETY, INC. Lee Ja ard, Jr., Pre ATTEST: AGREEMENT 'dent n Sandy $hockey, Secretary 1998, by the undersigned anted to them by respective entities. WILLIAMSON COUNTY, TEXAS j - By: / Charles Culpepper, Mayor By Joanne Land, City Secretary PAGE 7 DATE: August 10, 1998 SUBJECT: City Council Meeting, August 13, 1998 ITEM: 10.C.1. Consider a resolution authorizing the Mayor to execute an agreement with the Williamson County Humane Society for public pound services. This agreement describes the services and fees that the Williamson County Humane Society will provide for public pound services. The annual cost of this agreement is $20,000 and is included in the Operating Budget. Staff Resource Person: Buster Kuhlmann, Police Chief Chief Buster Kuhlmann Round Rock Police Department 615 Palm Valley Boulevard Round Rock, Texas 78664 Dear Chief Kuhlmann: The sheltering contract between the City and the Humane Society will expire on September 30, 1998. We have taken the liberty of preparing a new contract for the upcoming year As you will note, the only significant terms to change from the prior contract are an increase in the boarding fees chargeable to the general public upon reclamation of their animals from $7 /day to $10 /day and an increase in the amount of the licensing fee for unneutered or unspayed animals from $10 /year to $20 /year. We have not sought an increase in any fees which are directly chargeable to the City. If you have any questions, do not hesitate to contact us. nai enclosure re Cary I3ovey HUMANE SOCIETY June 11, 1998 Re: Proposed Sheltering Contract for 1998 -2000 Sincerely, Eileen Hegar xecutive director J. e Jarra d, Jr Pre ident of he Board of irectors 2121 N. Mays • Round Rock, Texas 78664 • (512) 244 -WCHS • FAX (512) 244 -9284