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Res 133-2009 10/6/2009 RESOLUTION NO. 133-2009 Resolution Authorizing The City Manager To Execute An Amendment To The Contract Between The City Of Wichita Falls And The Humane Society Of Wichita County, Texas, Which Will Increase The Amount Payable For Animal Reclaim And Related Services To $14,073.43 Per Month. 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 City and the Humane Society have agreed to modifications to the existing agreement to provide for continued services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute the attached Amendment To Contract Between The City Of Wichita Falls And The Humane Society Of Wichita County, Texas, which will increase the amount payable for animal reclaim and related services to $14,073.43 per month, with changes to form as approved by the City Attorney. PASSED AND APPROVED this the 6 day of October, 2009 � � M A Y O R PRO TEM ATTEST: i Clerk 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, effective on the 1 St day of November, 2009, 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 said contract was amended on August 7, 2007 and November 4, 2008; and, WHEREAS, it is the desire of both parties to extend the Contract. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereby agree to amend Sections 3, 6B and 19A 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 $162,881.25 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 $446.25 per day for those services. " SECTION 2 . Section 6.B. of the Contract is amended to read as follows: "The Humane Society will 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 Humane Society 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 pay a fee of $500.00 per month for this service. This service fee is in addition to the fee paid pursuant to Section 3 of the Contract. 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 November 1, 2009, and ending October 31, 2010. All other terms, conditions and provisions of the September 20, 2005 contract, and the August 7, 2007 and November 4, 2008 amendments (unless specifically modified in this amendment) shall continue in full force and effect. THIS AGREEMENT is made and entered into this 6 th day of October, 2009. CITY OF WICHITA FALLS By: Darron J. Leiker, City Manager ATTEST: Lydia Ozuna, City Clerk APPROVED AS TO FORM: Miles Risley, City Attorney HUMANE SOCIETY OF WICHITA COUNTY, TEXAS By: Title: 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, effective on the 1 St day of November, 2009, by and between the City of Wichita Fa11s, hereinafter refened to as"City," and the Humane Society of Wichita County, Texas, hereinafter refened 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 "ContracY') and said contract was amended on August 7, 2007 and November 4, 2008; and, WfIEREAS, it is the desire of both parties to extend the Contract. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereby agree to amend Sections 3, 6B and 19A 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 $162,881.25 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 $446.25 per day for those services. " SECTION 2 . Section 6.B. of the Contract is amended to read as follows: "The Humane Society will 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 Humane Society 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 pay a fee of $500.00 per month for this service. This service fee is in addition to the fee paid pursuant to Section 3 of the Contract." 2 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 November 1, 2009, and ending October 31, 2010. All other terms, conditions and provisions of the September 20, 2005 contract, and the August 7, 2007 and November 4, 2008 amendments (unless specifically modified in this amendment) shall continue in full force and effect." THIS AGREEMENT is made and entered into this 6�' day of October, 2009. CITY OF WICHITA FALL By: Darro . Leiker, C Manager ATTEST: �.�-�. Lydia a, City Clerk APPROVED AS TO FORM: � iles Risley, ' ttorney HUMANE SOCIETY OF WICHITA COUNTY, TEXAS _ . --._ ._.. _.._.. __ .�--��`°:�:._..-.- B ._. ---_------- Y� -, �_ _.... Title��� �,�� � � . ,s� ?� s 1 � r.r?