Res 123-2005 9/20/2005RESOLUTION NO. I aC �
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH THE HUMANE SOCIETY OF WICHITA COUNTY,
TEXAS, FOR CERTAIN ANIMAL CONTROL SERVICES; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, in 1993, the City Council originally approved a contract with the
Humane Society of Wichita County, Texas, for certain animal control services; and
WHEREAS, the terms of the contract have been iri existence since that date;
and
WHEREAS, the terms of the existing contract need to be revised.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . The City Manager is hereby authorized to enter into a contract on
behalf of the City of Wichita Falls with the Humane Society of Wichita County, Texas,
for certain animal control services. Such contract is attached hereto 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 20th day of September, 2005.
MAYOR
ATTEST:
C ity Clerk
STATE OF TEXAS §
COUNTY OF WICHITA
AGREEMENT FOR ANIMAL SERVICES
This agreement, made and entered into as of the 20th day of
_ September , 2005, by and between the. City 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
impoundment of all dogs, cats, livestock (horses, cows, goats, etc.) and
miscellaneous 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
provisions and that the Society will not be required to apprehend and
seize any animals found running at- large. However, the Society agrees to
provide emergency care to injured, sick, or distressed animals and to be
fully responsible 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 the Society the annual sum of Sixty
Five Thousand ($65,000) Dolllars to be paid in monthly installments for the
services to be performed by the Society under this agreement for Fiscal
Year (FY) 2005 beginning October 1, 2005 and ending September 30,
2006. Furthermore, the City agrees to pay the Society Seventy Five
Thousand ($75,000) for same services during FY 2006, Eighty Thousand
($80,000) for same services during FY 2007 and an additional 3%
annually thereafter during the term of the contract.
4. The Society agrees to pay the City for the following fees:
(a) For all revenue from the sale of tags:
Fees provided by City Ordinance in effect at the time of
the sale
(b) For impoundment fees collected:
Livestock $65 per animal
All other $35 per animal
(c) For all boarding fees collected:
$5.00 per day per animal for small animals, $10.00 per
day for livestock and for quarantined animals.
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 rabies vaccination and licensing of dogs and
the rabies 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 contract 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 provide, every animal not claimed
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and redeemed by the owner before the expiration of three days from the
date of impoundment if untagged; five days if tagged; or after 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 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 (7) hours per day on Monday,
Tuesday, Thursday, and Friday, and not less than five (5) hours per day
on Wednesday and Saturday, for the purpose of giving owners ample
opportunity to redeem their impounded 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
redeem
an impounded
animal
to pay
the
appropriate
impoundment fee
0
(livestock - $65; all other - $35). Plus the cost of board at the rate of
$5.00 each day for small animals, $10.00 each day for livestock and
$10.00 each day for quarantined animals from the! date of impoundment.
Further, the Society will require the owner of every impounded animal to
pay all applicable fees including licensing and will not release an
impounded animal that has not been inoculated against rabies and
licensed before allowing redemption of 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
paragraph, the Society shall collect from the owner the total
impoundment, vaccination, 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 dogs, cats, livestock, and
miscellaneous animals rE?ceived by the
Society.
(2) The number of animals that underwent
euthanasia.
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(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, and boarding fees at the
Animal Reclaim Center.
(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 by a certified public accountant (CPA).
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 Sociiety by the City for
rabies observation shall be isolated for a period of at least then (10) days.
Prior to being redeemed by the owner, a licensed veterinarian, at the
owner's expense, shall examine any such animal and the Society shall
collect from the owner a fee of $10.00 per day for board and care.
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.
M
18. It is mutually agreed that neither party to this contract shall be
bound by any conditions not expressly stated in thiis 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, beginning October 1, 2005, and ending
September 30, 2010.
(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 any to the contrary, during the
terms of this contract or any extension thereof,
either party may terminate 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.
21. It is mutually agreed that the fees provided herein may be
renegotiated within (10) clays written notice of either party, said
renegotiated fees not to become effective less than twelve (12) months
following the execution 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 2 0th day of Septe . 2005.
City of Wichita Falls
P
By: & /
Ci y Manager 7
Attest:
City le
Humane Society of Wichita County
airperson
Attest:
FOR,
Approved:
City Attorney
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 20th 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 explore the possibility of a long-
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 and/or 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 full force and effect.
THIS AGREEMENT is made and entered into this 7th day of August, 2007.
CITY OF WICHITA FAL
By:
bard J. Leike "City Manager
ATTEST:
Ci. UV \ -
Lydia 0 a, City Clerk
APPROVED AS TO FORM:
Bill Sullivan, City Attorney
HUMANE SOCIETY OF
WICHITA COUNTY, TEXAS
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