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R-05-02-24-9E7 - 2/24/2005RESOLUTION NO. R -05-02-24-9E7 WHEREAS, the City of Round Rock desires to retain services for pet licensing, fee collection, boarding, rabies observation, and the reclamation of impounded animals, and WHEREAS, the Williamson County Humane Society, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with the Williamson County Humane Society, Inc., 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 Between the Williamson County Humane Society, Inc. and City of Round Rock, Texas, a copy of same being attached hereto as Exhibit "A" 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. RESOLVED this 24th day of February, 2005. EST: aittuy* CHRISTINE R. MARTINEZ, City Secretary NY vit ELL, ayor Ci ye Round Rock, Texas @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R50224E7.WPD/sc AGREEMENT BETWEEN WILLIAMSON 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, 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 October 01, 2004, and shall continue thereafter until September 30, 2005, unless termination of the Agreement as set out below. SECTION 3. FEES License fees, boarding fees, and reclamation fees (as more particularly set out herein below) shall provide additional funds necessary for the continued operation of the animal shelter program. For purposes of fees, the term animal is defined as any single animal over the age of four (4) months. Such fees shall be in addition to the flat fee, as more particularly set out herein below. A. License Fees. Each dog and cat within the City Limits of Round Rock shall be registered once each year by its owner through the Humane Society, a veterinarian practicing in the City of Round Rock, or other licensing authority of Williamson County or Travis County, Texas approved by the City. The license fee shall be Five Dollars ($5.00) for any animal, which has been neutered or spayed, and Thirty Dollars ($30.00) for any animal which has not been neutered or spayed, or 'intact.' The Humane Society shall use its best efforts to collect these license fees and any fees actually collected by or received by the Humane Society shall be used at the sole discretion of the Humane Society for the continued operation of the animal shelter. B. Reclamation Fees. Reclamation fees shall be assessed against an animal's owner at the time of reclamation of any impounded animal. Any owner reclaiming an impounded animal shall pay all impounding fees, vaccination fees, boarding fees, or any other assessed fees before the animal is returned to the owner. 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 no more than $25.00 each time the animal is impounded. 1 EXHIBIT C. Boarding Fees -- Reclaimed Animals. In addition to the reclamation fees described in Section 3(B), 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 to be used for the continued operation of the animal shelter. The boarding fee shall be Ten Dollars ($10.00) for each 24-hour period, or portion thereof. D. 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 charged to the City are waived and covered by the flat fee paid by the City and outlined below. E. Citizen Release. Because there is no adequate public pound in the City for citizens to release ownership of their animals, the Humane Society agrees to accept citizen -released animals on behalf of the City. This service is covered by the flat fee paid by the City and outlined below. F. 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) days of observation. In the event the animal is not reclaimed, the Humane Society will include rabies observation and testing, which will be covered by the flat fee paid by the City and outlined below. G. Flat Fee. For the term of this agreement the City shall pay to the Humane Society Eight Thousand Three Hundred Thirty-three and 33/100 Dollars ($8,333.33) per month. 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 both directly and through licensed veterinarians practicing in Round Rock. 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 the Animal Control Officer (except for fine and court costs resulting from the issuance of a citation), 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 Finance Office. The Humane Society shall retain all license fees, boarding fees, and reclamation fees collected to be used for the continued operation of the animal shelter. The Humane Society shall not charge the City any administrative fees. Boarding fees shall be charged to the City as more particularly set out herein above. C. Impounding and Boarding. 1. Unsupervised Animals. Animals impounded for this reason and not reclaimed by 2 the owner within five (5) days from the date of impoundment shall become the property of the Humane Society. 2. Impoundment Pending Hearing. Animals impounded pending hearing in Round Rock Municipal Court shall not be allowed to be reclaimed while the hearing is pending. 3. Licensed Animals. Licensed dogs and cats shall be impounded for not fewer than seven (7) business days before disposing of said dog or cat without consent of the owner. 4. Unlicensed Animals. Unlicensed animals shall be impounded for a minimum of seventy-two (72) hours before disposing of said animals without the consent of the owner. 5. Animals Becoming Property of Humane Society. Any animal impounded for a period exceeding the times specified above shall become the property of the Humane Society and shall be placed for adoption or humanely euthanized. 6. Exceptions. Any exceptions to the above listed holding periods shall be in writing from the Animal Control Supervisor D. Acceptance of All Animals. The Humane Society agrees to accept each and every domestic animal (as defined by the City of Round Rock City Ordinance excluding livestock) 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. Minimum Hours of Operation. 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. F. Rabies Observation. The Humane Society shall provide facilities for rabies observation on a continuing basis for at least two (2) dogs and two (2) cats. If requested by the City, animals delivered to the Society for rabies observation shall be isolated for a period of ten (10) days. G. Media Contact. All news media contacts and questions regarding City impounded animals shall be referred to the City's Communications Director. The Humane Society shall not initiate or respond to any publicity regarding City impounded animals. 3 H. Sanitation. Humane Society shall: 1. Clean kennels and cages including disinfections on a daily basis to assure proper sanitation and disease control. 2. Perform insect/pest control measures at a minimum of once every three months and shall keep documentation of the date, time and the name of the pest control provider. This documentation shall be available for inspection. 3. Keep office/administrative areas that are open to the public clean and sanitized. 4. Keep the grounds immediately surrounding any structure mowed and free of debris. 5. Lock the euthanasia room when not occupied by staff. 6. Store drugs and narcotics in a secure area. 7. Maintain and provide a copy of written policies and procedures and schedule regarding sanitation to the Round Rock Animal Control Supervisor. I. Interpretation of City Ordinance and Policies. Humane Society may respond to questions regarding the City's Ordinances and may provide a copy of the ordinance to anyone who requests a copy. Any complaints or interpretations of the Ordinance shall be referred to the City's Communications Director. SECTION 5. PERFORMANCES BY THE CITY The City shall be responsible for all aspects of animal control within the city limits except for the responsibilities assumed by the Humane Society pursuant to this Agreement. The City shall be responsible for the payment of any fees charged it by the Humane Society as set out in this Agreement in accordance with its prompt payment policy. SECTION 6. GENERAL ADMINISTRATION A. Record Keeping And Reports. The Humane Society shall be responsible for keeping complete written records. All such records shall be made available to the City Animal Control Supervisor during regular business hours at the Humane Society including, but not limited to: 1. Licenses Issued. a. Number of licenses issued b. Dollar amount collected. 2. Reports. Humane Society shall submit monthly reports, in a spreadsheet format, containing the information required in Section 6A1 above as well as the following information: a. The number of animals impounded by the City and the number of days each animal was held in the shelter each month. b. The number of animals and the number of days each animal was held for observation each month c. The number of decapitated animals each month 4 d. The number of animals reclaimed each month 3. Copies of fully completed intake forms on all animals. B. Audits. All financial transactions of the Humane Society may be audited by the City. For this purpose, the Humane Society shall submit a monthly report to the City Finance Office. The monthly reports shall include the information required in Section 6A above. Additionally, an annual on-site audit may be conducted by the City. All financial records shall be made available to the City or its authorized representatives during regular business hours at the Humane Society Office. If an independent annual audit or review is performed, a copy of any such audit or review shall be furnished to the City immediately upon its completion. C. Monthly Reporting Date. All reports or documents that are required to be provided on a monthly basis shall be due by the 10th day of the month immediately following the month the report or document covers. 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. The Humane Society shall insure that the facility is accessible at all hours for the proper kenneling of animals by the City's Animal Control Officers. 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 Officer. The City shall be responsible for the hiring and compensation of its Animal Control Officer(s). G. Board Meetings. The Humane Society shall provide the City with notice of all meetings of the governing board of the Humane Society and shall include a copy of an agenda for such meetings. The City shall be allowed to attend said meetings and participate in discussions conferring services rendered to the City by the Humane Society. SECTION 7. PLANNING OBJECTIVES 5 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. DISPUTE RESOLUTION If, during the Agreement year, any dispute arises between the Humane Society and the City which cannot be resolved, the problem 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. MISCELLANEOUS PROVISIONS A. Binding. 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. Compliance with Laws. 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. Copies of Chapter 826 of the Texas Health and Safety Code and Official Texas Administrative Code Title 25. Health Services Part 1. Texas Department of Health Chapter 169. Zoonosis Control Rabies Control and Eradication are attached and made a part of this Agreement. C. No Waiver. 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 its rights despite said delay or failure to enforce said rights. D. Venue. This Agreement is subject to Texas law. Any and all obligations or payments 6 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. Severability. 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 cancelled. F. Liability. 1. 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. 2. 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. Insurance. Humane Society agrees to provide bodily injury liability insurance in an amount not less than $50,000.00 per occurrence which names the City of Round Rock additional insured and providing for at least thirty (30) days notice to the City should such policy be materially altered or cancelled. Humane Society further agrees that it will maintain Worker's Compensation coverage for all its employees as provided by State Law. H. Termination for Cause. Either party may terminate this Agreement if the other party fails to cure a material breach, which substantially impairs the value of the Agreement as a whole to the non -breaching party if the other party fails to cure such breach within thirty (30) days after the Effective Date of Notice of said breach. Termination for Convenience. The City may cancel this Agreement for convenience and without cause upon ninety (90) days written notice to the Humane Society. The Humane Society may cancel this Agreement for convenience and without cause upon ninety (90) days written notice to the City. J. Notice. Any notice required or permitted to be given under this Agreement shall be sufficient if written and hand -delivered or sent by certified mail, return receipt requested, as follows: If to the City. 7 Assistant City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 With a copy to: Stephan L. Sheets, CityAttomey City of Round Rock 309 East Main Street Round Rock, Texas 78664 If to the Humane Society. President Williamson County Humane Society 3737 CR 272 Leander, Texas 78641 or at any other address that may be given by any party to the other party by notice in writing. All notices and other communications in connection with this Agreement shall be considered effective as follows: 1. When delivered personally to recipient's address as stated herein; or 2. Three (3) days after being deposited in the United States mail as certified mail, return receipt requested with postage prepaid to recipient's address as stated herein. K. Independent Contractor. 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. Non -Appropriation. This Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the services as determined by the City=s budget for the fiscal year in question. The City may effect such termination by giving the Humane Society a written notice of termination at the end of its then current fiscal year. M. Indemnification. The City shall not be responsible for and the Humane Society shall indemnify and hold harmless the City and its officer, agents, and employees from and against all suits, actions, losses, damages, claims, or liability of any character, type or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attomey's fees for injury or death to any person, or injury to any property, received or sustained by any person 8 or persons or property, arising out of or occasioned by, the acts of the Humane Society or its agents or employees, directly or indirectly, in the execution or performance of this agreement. N. Priority of Compliance. In the event a conflict arises between this Agreement and the Policies and Procedures of the Humane Society, the following shall be the order of priority for compliance by the Humane Society. 1. This Agreement 2. The Code of Ordinances of the City of Round Rock 3. The Policies and Procedures of the Williamson County Humane Society. Signed, accepted, and agreed to this day of 2005 by the undersigned parties, who execute this legal document within the authorities granted to them by respective entities. WILLIAMSON COUNTY ROUND ROCK, TEXAS HUMANE SOCIETY, INC. By: By: Shandell Burgess, President Nfe Maxwell, Mayor ATTEST: ATTEST: By: By: Chistine Martinez, City Secretary DATE: February 16, 2005 SUBJECT: City Council Meeting - February 24, 2005 ITEM: 9.E.7. Consider a resolution authorizing the Mayor to execute an agreement with the Williamson County Humane Society, Inc. for pet licensing, fee collection, boarding, rabies observation, and the reclamation of impounded animals. Department: Police Department Staff Person: Bryan Williams, Chief of Police Justification: Interdepartmental contracts require a City Council approval. This will allow the citizens of the City of Round Rock to continue receiving services for pet licensing, fee collections, boarding, rabies observation, and the reclamation of animals that have been impounded within the city limits. Funding: Cost: $100,000. (Budgeted Item) Source of funds: General Fund Outside Resources: This is a contract for services with an outside vendor. Backciround Information: This will allow citizens to continue receiving services for pet licensing, fee collections, boarding, rabies observation, and the reclamation of animals that have been impounded within the city limits. In addition to the direct funding, this agreement provides for $50,000 in city -provided, in-kind services. Public Comment: N/A AGREEMENT BETWEEN WILLIAMSON 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, 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 October 01, 2004, and shall continue thereafter until September 30, 2005, unless termination of the Agreement as set out below. SECTION 3. FEES License fees, boarding fees, and reclamation fees (as more particularly set out herein below) shall provide additional funds necessary for the continued operation of the animal shelter program. For purposes of fees, the term animal is defined as any single animal over the age of four (4) months. Such fees shall be in addition to the flat fee, as more particularly set out herein below. A. License Fees. Each dog and cat within the City Limits of Round Rock shall be registered once each year by its owner through the Humane Society, a veterinarian practicing in the City of Round Rock, or other licensing authority of Williamson County or Travis County, Texas approved by the City. The license fee shall be Five Dollars ($5.00) for any animal, which has been neutered or spayed, and Thirty Dollars ($30.00) for any animal which has not been neutered or spayed, or 'intact.' The Humane Society shall use its best efforts to collect these license fees and any fees actually collected by or received by the Humane Society shall be used at the sole discretion of the Humane Society for the continued operation of the animal shelter. B. Reclamation Fees, Reclamation fees shall be assessed against an animal's owner at the time of reclamation of any impounded animal. Any owner reclaiming an impounded animal shall pay all impounding fees, vaccination fees, boarding fees, or any other assessed fees before the animal is returned to the owner. 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 no more than $25.00 each time the animal is impounded. - o5-oa- -961 1 C. Boarding Fees -- Reclaimed Animals. In addition to the reclamation fees described in Section 3(B), 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 to be used for the continued operation of the animal shelter. The boarding fee shall be Ten Dollars ($10.00) for each 24-hour period, or portion thereof. D. 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 charged to the City are waived and covered by the flat fee paid by the City and outlined below. E. Citizen Release. Because there is no adequate public pound in the City for citizens to release ownership of their animals, the Humane Society agrees to accept citizen -released animals on behalf of the City. This service is covered by the flat fee paid by the City and outlined below. F. 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) days of observation. In the event the animal is not reclaimed, the Humane Society will include rabies observation and testing, which will be covered by the flat fee paid by the City and outlined below. G. Flat Fee. For the term of this agreement the City shall pay to the Humane Society Eight Thousand Three Hundred Thirty-three and 33/100 Dollars ($8,333.33) per month. 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 both directly and through licensed veterinarians practicing in Round Rock. 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 the Animal Control Officer (except for fine and court costs resulting from the issuance of a citation), 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 Finance Office. The Humane Society shall retain all license fees, boarding fees, and reclamation fees collected to be used for the continued operation of the animal shelter. The Humane Society shall not charge the City any administrative fees. Boarding fees shall be charged to the City as more particularly set out herein above. C. Impounding and Boarding. 2 1. Unsupervised Animals. Animals impounded for this reason and not reclaimed by the owner within five (5) days from the date of impoundment shall become the property of the Humane Society. 2. Impoundment Pending Hearing. Animals impounded pending hearing in Round Rock Municipal Court shall not be allowed to be reclaimed while the hearing is pending. 3. Licensed Animals. Licensed dogs and cats shall be impounded for not fewer than seven (7) business days before disposing of said dog or cat without consent of the owner. 4. Unlicensed Animals. Unlicensed animals shall be impounded for a minimum of seventy-two (72) hours before disposing of said animals without the consent of the owner. 5. Animals Becoming Property of Humane Society. Any animal impounded for a period exceeding the times specified above shall become the property of the Humane Society and shall be placed for adoption or humanely euthanized. 6. Exceptions. Any exceptions to the above listed holding periods shall be in writing from the Animal Control Supervisor D. Acceptance of All Animals. The Humane Society agrees to accept each and every domestic animal (as defined by the City of Round Rock City Ordinance excluding livestock) 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. Minimum Hours of Operation. 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. F. Rabies Observation. The Humane Society shall provide facilities for rabies observation on a continuing basis for at least two (2) dogs and two (2) cats. If requested by the City, animals delivered to the Society for rabies observation shall be isolated for a period of ten (10) days. G. Media Contact. All news media contacts and questions regarding City impounded animals shall be referred to the City's Communications Director. The Humane Society shall not initiate or respond to any publicity regarding City impounded animals. 3 H. Sanitation. Humane Society shall: 1. Clean kennels and cages including disinfections on a daily basis to assure proper sanitation and disease control. 2. Perform insect/pest control measures at a minimum of once every three months and shall keep documentation of the date, time and the name of the pest control provider. This documentation shall be available for inspection. 3. Keep office/administrative areas that are open to the public clean and sanitized. 4. Keep the grounds immediately surrounding any structure mowed and free of debris. 5. Lock the euthanasia room when not occupied by staff. 6. Store drugs and narcotics in a secure area. 7. Maintain and provide a copy of written policies and procedures and schedule regarding sanitation to the Round Rock Animal Control Supervisor. 1. Interpretation of City Ordinance and Policies. Humane Society may respond to questions regarding the City's Ordinances and may provide a copy of the ordinance to anyone who requests a copy. Any complaints or interpretations of the Ordinance shall be referred to the City's Communications Director. SECTION 5. PERFORMANCES BY THE CITY The City shall be responsible for all aspects of animal control within the city limits except for the responsibilities assumed by the Humane Society pursuant to this Agreement. The City shall be responsible for the payment of any fees charged it by the Humane Society as set out in this Agreement in accordance with its prompt payment policy. SECTION 6. GENERAL ADMINISTRATION A. Record Keeping And Reports. The Humane Society shall be responsible for keeping complete written records. All such records shall be made available to the City Animal Control Supervisor during regular business hours at the Humane Society including, but not limited to: 1. Licenses Issued. a. Number of licenses issued b. Dollar amount collected. 2. Reports. Humane Society shall submit monthly reports in a spreadsheet format containing the information required in Section 6A1 above as well as the following information: a. The number of animals impounded by the City and the number of days each animal was held in the shelter each month. b. The number of animals and the number of days each animal was held 4 for observation each month c. The number of decapitated animals each month d. The number of animals reclaimed each month 3. Copies of fully completed intake forms on all animals. B. Audits. All financial transactions of the Humane Society may be audited by the City. For this purpose, the Humane Society shall submit a monthly report to the City Finance Office. The monthly reports shall include the information required in Section 6A above. Additionally, an annual on-site audit may be conducted by the City. All financial records shall be made available to the City or its authorized representatives during regular business hours at the Humane Society Office. If an independent annual audit or review is performed, a copy of any such audit or review shall be furnished to the City immediately upon its completion. C. Monthly Reporting Date. All reports or documents that are required to be provided on a monthly basis shall be due by the 10th day of the month immediately following the month the report or document covers. 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. The Humane Society shall insure that the facility is accessible at all hours for the proper kenneling of animals by the City's Animal Control Officers. 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 Officer. The City shall be responsible for the hiring and compensation of its Animal Control Officer(s). G. Board Meetings. The Humane Society shall provide the City with notice of all meetings of the governing board of the Humane Society and shall include a copy of an agenda for such meetings. The City shall be allowed to attend said meetings and participate in discussions conferring services rendered to the City by the Humane Society. 5 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. DISPUTE RESOLUTION If, during the Agreement year, any dispute arises between the Humane Society and the City which cannot be resolved, the problem 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. MISCELLANEOUS PROVISIONS A. Binding. 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. Compliance with Laws. 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. Copies of Chapter 826 of the Texas Health and Safety Code and Official Texas Administrative Code Title 25. Health Services Part 1. Texas Department of Health Chapter 169. Zoonosis Control Rabies Control and Eradication are attached and made a part of this Agreement. 6 C. No Waiver. 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 its rights despite said delay or failure to enforce said rights. D. Venue. 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 shad be in Williamson County, Texas. E. Severability. 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 cancelled. F. Liability. 1. 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. 2. 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. Insurance. Humane Society agrees to provide bodily injury liability insurance in an amount not less than $50,000.00 per occurrence which names the City of Round Rock additional insured and providing for at least thirty (30) days notice to the City should such policy be materially altered or cancelled. Humane Society further agrees that it will maintain Worker's Compensation coverage for all its employees as provided by State Law. H. Termination for Cause. Either party may terminate this Agreement if the other party fails to cure a material breach, which substantially impairs the value of the Agreement as a whole to the non -breaching party if the other party fails to cure such breach within thirty (30) days after the Effective Date of Notice of said breach. I. Termination for Convenience. The City may cancel this Agreement for convenience and without cause upon ninety (90) days written notice to the Humane Society. The Humane Society may cancel this Agreement for convenience and without cause upon ninety (90) days written notice to the City. 7 J. Notice. Any notice required or permitted to be given under this Agreement shall be sufficient if written and hand -delivered or sent by certified mail, return receipt requested, as follows: If to the City: Assistant 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 3737 CR 272 Leander, Texas 78641 or at any other address that may be given by any party to the other party by notice in writing. All notices and other communications in connection with this Agreement shall be considered effective as follows: 1. When delivered personally to recipient's address as stated herein; or 2. Three (3) days after being deposited in the United States mail as certified mail, return receipt requested with postage prepaid to recipient's address as stated herein. K. Independent Contractor. 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. Non -Appropriation. This Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate this Agreement at the 8 end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the services as determined by the City=s budget for the fiscal year in question. The City may effect such termination by giving the Humane Society a written notice of termination at the end of its then current fiscal year. M. Indemnification. The City shall not be responsible for and the Humane Society shall indemnify and hold harmless the City and its officer, agents, and employees from and against all suits, actions, losses, damages, claims, or liability of any character, type or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of or occasioned by, the acts of the Humane Society or its agents or employees, directly or indirectly, in the execution or performance of this agreement. N. Priority of Compliance. In the event a conflict arises between this Agreement and the Policies and Procedures of the Humane Society, the following shall be the order of priority for compliance by the Humane Society: 1. This Agreement 2. The Code of Ordinances of the City of Round Rock 3. The Policies and Procedures of the Williamson County Humane Society. Signed, accepted, and agreed to this day of undersigned parties, who execute this legal document within the authoriti respective entities. WILLIAMSON COUNTY ROUND ROCK, TEXAS HUMANE SOCIETY, INC. , 2005 by the granted to them by B By: jAa'kd.LZC... Sfiandell : `.4140 y `�A, Burgess,President F1 rM _, •*dell, Mayor ATTEST: By: 4,104 -l? S-7rtfc two) 7 i/2 9 ATTEST: Christine Martinez, City Secretary