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Res 183-88 9/20/1988RESOLUTION NO. //3 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE HUMANE SOCIETY OF WICHITA COUNTY, TEXAS TO FURNISH PUBLIC POUND SERVICES. BE Il RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, 'THAT: That certain contract, a copy of which is attached herto, between the City of Wichita Falls and the Humane Society of Wichita County, Texas, for the furnishing of public pound services, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 20th day of September, 1988. ATTEST: CITY CLERK .AYOR -------- Page _- of -- Pages Agenda Item No. __ __ STATE OF TEXAS Q COUNTY OF WICHITA AGREEMENT FOR PUBLIC POUND SERVICES This agreement made and entered into as of the day of , 1988, by and between the City Council of Wichita Falls, Wichita County, Texas, as Party of the First Part, hereinafter called "City" and the Humane Society of Wichita County, Texas, in said State, as Party of the Second Part, hereinafter called "Society." WHEREAS, the Society proposed to operate an Animal Reclaim Center for the purpose of sheltering lost, unwanted, sick, and injured animals until humanely disposed of in accordance with the Wichita Falls Animal Control Ordinance and the humane principles of the said Society. The parties hereto agree to the utilization of the Animal Reclaim Center to be owned and operated by the Society as the normal place of im- poundment of all dogs, cats, livestock (horses, cows, goats, etc.) and mis- cellaneous animals seized in accordance with the provisions of the Wichita Falls Animal Control Ordinance under the following conditions: 1. The City agrees that it is fully responsible under the provisions of the said Animal Control Ordinance for carrying out all enforcement pro- visions and that the Society will not be required to apprehend and seize any animals found running at large. However, the Society agrees to provide emer- gency service to injured, sick, or distressed animals and to be fully respon- sible for all enforcement provisions pertaining to observation and release of animals impounded for bites and rabies observation. 2. The City agrees that all animals apprehended and seized within the confines of the City of Wichita Falls by its duly appointed wardens shall be delivered to the above described Animal Reclaim Center, there to be impounded under the exclusive control and custody of the Society for periods of time as required by State law and the City Animal Control Ordinance. 3. The City agrees to pay to the Society the following fees for live animals received from within the city limits of the City of Wichita Falls: (a) For animals received from wardens of the City of Wichita Falls: Dogs $8 per animal Cats $8 per animal Livestock $15 per animal Miscellaneous $8 per animal (b) Rabies observation $15 per animal 4. The Society agrees to pay the City for the following fees: (a) For all revenue from the sale of tags Fee provided by City Ordinance in effect at the time of the sale (b) For impoundment fees collected: Livestock $50 per animal All other $25 per animal (c) For all boarding fees collected: $3.50 per day per animal (d) For all vaccination fees collected: Fee amounts established by Board of Health 5. It is mutually agreed between the two parties that the City shall receive all fees in Paragraph 4 of this contract and shall pay the fees due the Society in Paragraph 3 of this contract within fourteen (14) days after receipt of monthly records and reports as required in Section 14. 6. The City represents to the Society that it has in force an ordinance providing for the vaccination and licensing of dogs and the vaccination and licensing of cats, providing for impoundment of dogs and cats running at large, and providing for the condemnation or sale of animals, and that while this con- tract is in effect, such ordinances will be continued in force. The City agrees that so far as it is concerned, and to the extent that it has power to so pro- vide, every animal not claimed and redeemed by the owner before the expiration of three days from the date of impoundment if untagged; five days if tagged; or during the time required for rabies observation as provided by applicable state law, shall become the sole and exclusive property of the Society, so that neither the City nor any agency, nor agent of the City, nor of the State of Texas, nor any institution, corporation, nor individual shall have any claim or right to any animal not claimed and redeemed as provided. And the City agrees that so far as it is concerned, the Society shall have the undisputed right, consistent with the ordinances of the City to humanely dispose of every animal given into its custody in accordance with its principles as follows: (a) To place in the home of a new owner. (b) To humanely destroy such animals as are not claimed by owners and which are not suitable for placement in new homes. 7. The Society agrees that all financial statements, reports, etc. shall be on forms as approved by the City. 8. The Society agrees to accept each and every animal delivered to its Animal Reclaim Center located in Wichita County, Texas, by the wardens of the -2- City and to provide each and every such animal with shelter, food, water, and all other humane treatment of animals coming into its custody and control. 9. The Society agrees that it will keep the Animal Reclaim Center open to the public for not less than seven hours per day on Monday, Tuesday, Thurs- day, and Friday, and not less than five hours per day on Wednesday and Satur- day, for the purpose of giving owners ample opportunity to redeem their im- pounded animal. The City shall have the right to deliver animals to the Animal Reclaim Center at any time. 10. The Society agrees that it will require every owner seeking to re- deem an impounded animal to pay the appropriate impoundment fee (livestock- - $50; all others- -$25), plus the cost of board at the rate of $3.50 per day for each day of impoundment from the date of impoundment. Further, the Society will require the owner of every impounded animal to pay all applicable fees including licensing and vaccination fees of an impounded animal which has not been inoculated against rabies and licensed before redeeming such animals. 11. The Society agrees that in accordance with Paragraph 6 of this agreement that if the owner of an impounded animal shall claim the animal prior to the Society disposing of the animal under (a) or (b) of that para- graph, the Society shall collect from the owner the total impoundment, vacci- nation, boarding, and licensing fees due. 12. The Society agrees to collect all impounding, vaccination, boarding, and licensing fees from animal owners which are payable under this contract and /or existing City ordinances or any amendment thereto. And further, that the Society will send to the City a statement of all such fees collected during the preceding month. 13. The City agrees to provide for the disposal of all dead animals not reclaimed by owners or transferred to the Society for adoption placement. 14. The Society agrees to provide to the City the following documents: (a) A detailed monthly record to include the following information pertaining only to the animals brought to the Animal Reclaim Center by animal control wardens of the City of Wichita Falls: (1) The number of dogs, cats, livestock, and miscellaneous animals received by the Society. (2) The number of animals euthanized. (3) The number of animals in rabies observation, to be broken down as to number redeemed by owners and number of days in custody. (b) A monthly record of revenue collected from the sale of tags (licensing), impoundment of livestock and other animals, boarding fees, and vaccination fees at the Animal Reclaim Center. -3- (c) A complete yearly financial statement of the Animal Reclaim Center's revenues and disbursements from all sources. Each such financial statement shall be certified as true and correct. The City reserves the right to require a complete audit of the records at any time. 15. It is mutually agreed that any and all donations, contributions, or any other thing of value given to the Society and its agents as a result of any service performed in carrying out the provisions of this contract shall be the exclusive property of the Society and that the City shall have no claim or interest therein. 16. It is mutually agreed that the Society shall provide facilities for rabies observation. Animals delivered to the Society by the City for rabies observation shall be isolated for a period of at least ten days. Prior to being redeemed by the owner, any such animal shall be examined by a licensed veterinarian, at the owner's expense, and the Society shall collect from the owner a fee of $3.50 per day for board and care. The City agrees to pay to the Society for every animal so isolated $15. 4 17. It is mutually agreed that the Society shall have the sole and exclusive right to determine the responsibility of persons offering to become the owners of unclaimed animals and the suitability of homes offered and shall have the.sole and exclusive right to accept or reject such applicants for unclaimed animals. 18. It is mutually agreed that neither party to this contract shall be bound by any conditions not expressly stated in this agreement. Further, it is mutually agreed that in all cases of conflict between this contract and the Wichita Falls Animal Control Ordinance, the Ordinance shall prevail 19. It is mutually agreed to by and between the parties hereto that: (a) This contract shall be for a period of five (5) years, be- ginning October 1, 1988 and ending September 30, 1993. (b) At the conclusion of the term of this contract, the contract automatically shall be extended for a like term unless at least sixty (60) days notice is given by either party of a decision not to extend. However, no more than three (3) extensions shall be allowed. (c) Notwithstanding anything to the contrary, during the terms of this contract or any extension thereof, either party may ter- minate the contract upon sixty (60) days written notice to the other party. 20. It is mutually agreed that no member of the Humane Society Board of Directors shall have a financial interest, direct or indirect, in the contract between the Society and the City. -4- 21. It is mutually agreed that the fees provided herein may be renego- tiated within ten (10) days written notice of either party, said renegotiated fees not to become effective less than twelve (12) months following the execu- tion of this agreement or the effective date of the last preceding fee schedule. It is further mutually agreed that any amendments made to this contract upon being agreed to and signed by both parties shall become part of this contract. 22. It is mutually agreed that this contract revokes all former agreements, written and oral, entered into by the parties. IN WITNESS WHEREOF, the said City and the said Society have hereunto caused their respective corporate names and seals-to be hereunto subscribed and affixed by their respective officers first thereunto duly authorized as of the day of , 1988. 1� ATTEST: City Clerk ATTEST: President APPROVED: City Attorney CITY OF WICHITA FALLS By: City Manager HUMANE SOCIETY OF WICHITA COUNTY By: Executive Director -5-