Loading...
Res 129-2007 8/7/2007 RESOLUTION NO. 129-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING AN AGREEMENT WITH THE HUMANE SOCIETY OF WICHITA COUNTY FOR ANIMAL RECLAIM AND IMPOUNDMENT SERVICES.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City currently contracts with the Humane Society of Wichita County to provide animal impoundment and reclaim services for animals collected by the Health Department; and WHEREAS, the Humane Society has given a 60 day notice to terminate the existing agreement citing several reasons for that termination; and WHEREAS, the City and the Humane Society have agreed to modifications to the existing agreement to provide for continued services and an opportunity to explore long term solutions and facility improvement possibilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The agreement with the Humane Society dated, September 20, 2005, for animal impoundment and reclaim services is hereby amended as outlined in the Amendment to the Contract, which is attached and made a part of this resolution. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 7th day of August, 2007. �C�vl �_ MAYOR ATTEST: � - Ci Cierk STATE OF TEXAS § COUNTY OF WICHITA § AMENDMENT TO CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND THE HUMANE SOCIETY OF WICHITA COUNTY, TEXAS THIS AMENDMENT is made and entered into this 7th day of August, 2007, by and between the City of Wichita Falls, hereinafter referred to as "City," and the Humane Society of Wichita County, Texas, hereinafter referred to as "Society," WITNESSETH: WHEREAS, the City and Society entered into a contract on the 20` day of September, 2005, for the operation of an Animal Reclaim Center (the "Contract"); and, WHEREAS, it is the desire of both parties to amend the Contract. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereby agree to amend Section 3, Section 6.B and Section 19 of the Contract. SECTION 1 . Section 3 of the Contract is amended to read as follows: "The City agrees to pay the Society the annual sum of One Hundred Fifty Five Thousand, One Hundred Twenty Five and No/100 ($155,125.00) Dollars to be paid in monthly installments for the services to be performed by the Society under this Contract. Should services be rendered for an incomplete month, then payment will be made on a pro rata basis at $425 per day for those services. " SECTION 2 . Section 6.B. of the Contract is amended to read as follows: "To require the City to perform euthanasia services on those animals collected and impounded by the City as the method of humanely destroying such animals that are not claimed by owners and which are not suitable for placement in new homes. These services shall be performed by the City in a timely manner, in accordance with the Society's standard operating procedure, and in compliance with State and local laws and ordinances. Furthermore, the City agrees to comply with adequate accounting/recordkeeping procedures regarding controlled substances inventory." � SECTION 3. Section 19.A. of the Contract is amended to read as follows: "The contract term of this agreement shall be for a period beginning July 25, 2007, and ending September 30, 2008 unless substantial progress was being made regarding a new facility. During the term of this contract, the City and Society agree to ex lore the_possibilitv of a lon�,_ RECEIVED IN � CITY CLERK'S OFFICE Date � b f By _ � Time _ � �b a , �� __�_ _ .� 1 , 2 term facility improvement program and joint use program. The City also agrees that during the term of this contract, it will obtain and pay for the services of a local architect to work with both the City and the Society on a long-term facility needs assessment. This needs assessment will be limited to an evaluation of both the City and Society's facility needs, and determine if a joint use facility is cost effective and in the best interest of both parties. This needs assessment will also provide preliminary cost estimates for improvements to andlor construction of new facilities. The parties will endeavor to implement the recommendations of the architect if those recommendations are in the best interest of both parties.." All other terms, conditions and provisions of the September 20, 2005 contract (unless specifically modified in this Amendment) shall continue in f'ull force and effect. THis A�REEivtENT is made and entered into this 7th day of August, 2007. CITY OF WICHITA FAL By: Da n J. I,eike City Manager ATTEST: � � Lydia O a, City Clerk APPROVED AS TO FORM: Bill Sullivan, City Attorney HUMANE SOCIIETY OF WICHITA COUNTY� TEXAS BY' -.��- • ✓1,�, Title: ^� ., �,-