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HomeMy WebLinkAboutResolution No. 04-64 CITY OF THE COLOi'~Y ( RESOLUTION NO. 04- Iz~°( A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY~ TEXAS~ APPROVING THE TERMS AND CONDITIONS OF THE AGREEMENT FOR ANIMAL CONTROL AND SHELTERING SERVICES BY AND BETWEEN THE CITY OF THE COLONY AND THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OF TEXAS, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A'; AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE DOCUMENTS; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of The Colony previously entered into a contract with The Society for the Prevention of Cruelty to Animals of Texas (hereinafter "SPCA") for animal control and sheltering services within the City of The Colony (hereinafter "City"), which shall expire on September 30, 2004; and WHEREAS, the City desires to continue to contract with the SPCA for such services; and WHEREAS, the SPCA desires to continue to provide the City with such services; and WHEREAS, the City Council has determined that it would be in the best interest of the City to enter into a new Agreement for Animal Control and Sheltering Services, which is attached hereto and incorporated herein as Exhibit "A", with the SPCA to be effective on October 1, 2004. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The City Council hereby approves the terms and conditions of the Agreement for Animal Control and Sheltering Services by and between the City and the SPCA, which is attached hereto and incorporated herein by reference as Exhibit "A." Section2. That the City Manager is hereby authorized to execute all appropriate documents to enter into said Agreement as provided for herein. Section 3. That the terms and conditions of the attached Agreement shall be effective October 1, 2004. Section 4. That all provisions of any resolution of the City Council of the City of The Colony in conflict with the provisions of this resolution be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this resolution shall remain in full force and effect. 66513 PASSED, APPROVED and EFFECTIVE this/~_ day of ~ , 2004. ~ th~ o~ilTlhared~ o~oanY~7 T 'ex as ATTEST: L"~ristie Wilson, City Secretary, City of The Colony, Texas [CITY SEAL] City of The Colony, Texas (REH/cdb 8/11/04) 66513 AGREEMENT FOR ANIMAL CONTROL AND SHELTERING SERVICES This agreement is entered into this 1~ day of October 2004 by and between the City of The Colony, within the State of Texas, and The Society for the Prevention of Cruelty to Animals of Texas 362 Industrial Boulevard Dallas, Texas 75207 NOW THEREFORE, in consideration of thc hereinafter set forth agreements, covenants, and payments, the amount and sufficiency of which are acknowledged, the parties agree as follows: SECTION I ANIMAL CONTROL ENFORCEMENT 1. The Society for the Prevention of Cruelty to Animals of Texas (SPCA of Texas) shall be responsible for the enforcement of animal regulatory ordinances. In canying out this responsibility, the SPCA of Texas shall: A. Respond to calls seven (7) days per week with trained animal control personnel to provide animal control services. B. Provide 24-hour emergency on-call servico. Hours of patrol and enforcement may vary from day to day depending on existing problems. Hours of patrol shall be concentrated on, but limited to regular business hours of 9AM to 6 PM Monday through Saturday. Only emergency calls will be responded to before 9 AM and after 6 PM on Monday through Saturday and all day on Sunday, and on Holidays as an on call service. Emurgeney calls must come via the city's police department with the guidelines set up by the City as to the definition of an emergency. The definition of emergency call is as follows: i. Animal bite to human ii. Seriously injured or sick animal. iii.Police assistance calls. iv. Spoeial eiroumsmnces as ordered by the Mayor/dasiguee. C. Investigate eomplaims involving animals. D. Apprehend and impound stxay animals. An animal eentrol officer may, at his/her discretion in the field, remm the animal to the owner, if known, and issue a written or verbal wanting to the same. E. Secure evidence ofanspocted violators. F. Issue citations for the violation of animal regulatory ordinances and testify in court, when so required. G. Impound for rabies observation on a 24-hour basis and in accordance with state law and local ordinances regulating rabies suspicious animals and quarantine animals under the guidelines of the Texas Department of Health. H. Have ability to submit animal brain to Texas Depamnent of Health certified laboratory for rabies diagnosis. I. Provide monthly reports pertaining to enforcement and sheltering activities. J. Provide shelter services within the shelter provided by the City of The Colony for the handling of all animals from the City, whether they are stray, impounded, or otherwise mined over to the Contractor by the city residents or officials. K. Arrange for the humane destruction and disposal of animals as required. Such disposal and destruction shall be accomplished in a manner approved by the American Veterinary Medical Association, which shall not subjeot such animal to urmeeessary pain. L. Provide for the removal and disposition of st~'ay small dead animals (excluding livestock) from the streets within the city limits of The Colony. ff the owner is known, the contractor shall advise him of disposal options. In the event the owner instructs the contractor to dispose of the animal a reasonable cost will be charged to he owner. M. Use and maintain the crematory incinerator fumisbed within the shelter compound and be responsible for fuel and maimenance costs for same. N. The SPCA of Texas shall maintain for a period ofthree (3) years, from the date that the animal was impounded, records of all animals returned to owner by classification of animal and name, which reasonably verify the first, second and third offense status of animals. O. The SPCA of Texas shall be entitled to charge and eolleot fees herein designated as "user fees" from animal owners for the schedule of fees included in the City's animal ordinance. Any and all amounts paid to the SPCA of Texas by owners of impounded animals under the terms of this agreement shall be retained by the SPCA of Texas. P. Any impounded animal that is not claimed as provided by the city's animal ordinance shall become property of the SPCA of Texas. In addition, the SPCA of Texas will be responsible for day-to-day maintenance of the animal shelter and all small equipment (including office equipment, live anin~al traps, et.c,) provided by the City of The Colony. 2. ANIMAL CONTROL O['~ICERS: All officers shall be suitably uniformed to present a clean, reepeetable image to the public. The City shall be responsible for securing an amendment to the Animal Control ordinance to enable the officers to enforce the City's animal control ordinances, including those pertaining to zoning and noise control. All enforcement officers will be trained in the issuance of criminal complaints and citations as well as investigations, report preparation and court procedure. The SPCA of Texas shall provide training as to methods of animal control and handling procedures. Violations occurring within the jurisdiction of the City shall be written on citations provided by the City and cited to the City's municipal court. The municipal court will have jurisdiction over citations issued for violations and shall retain alt fines and court costs associated with such violations. Officers will be available to appear in court as needed. 3. ANIMAL REDEMPTION Impounded Animals shall be released to the owner(s) or custodian(s) or authorized agent only upon satisfactory proof of ownership and payment of all applicable fees. All impounded animals must show of proof of current rabies vaccination, as required by law, before being released from impound. 4. INJURED AND/OR DISEASED ANIMALS The SPCA of Texas shall consider the following factors in determining whether to dispose of an injured and/or diseased animal; whether a condition exists which seriously endangers tho life of the animal, whether the animal appears to be in extreme pain, and whether the condition of the animal is going to require extensive or long-term veterinary and related care. 5. STRAY AND LICENSED DOGS OR CATS The SPCA of Texas shall attempt to give notico to the owner by telephone or regular mail that the animal is being held at the shelter. The animal shall be held a minimum of seventy-two (72) hours following impoundment. At, er the expiration of this period the disposition of the animal is at the discretion of the SPCA of Texas regardless of any information on the animal's license or rabies tag or other identification found on the animal. 6. RESEARCH The SPCA of Texas shall not sell, give, release, or otherwise transfer any animal for research and/or experimentation puq~oses. 7. STERILIZATION / SHOT CLINICS The SPCA of Texas shall require all dogs and cats adopted pursuant to this agreement to be sterilized according to Texas state law. Surgeries will be performed at SPCA spay/neuter clinics or in conjunction with any local veterinarian(s) who will agree to do such surgeries at or below the SPCA of Texas costs for such surgery. Shot clinics will be performed in eonjunetion with SPCA of Texas and/or eoatmcted veterinarians. 8. SHELTER HOURS OF OPERATION The SPCA of Texas shall keep the shelter facilities open to the public during the following regular working hours except for major holidays: 9:00 am - 7:00 pm Monday through Friday 9:00 am - 5:00 pm Saturday Major holidays include New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 9. ANIMAL DISPOSAL Thc SPCA of Tcxas will offer disposal of deceased domestic animals for local residents and veterinarians for a fee to be determined by the SPCA of Texas. SECTION II INSURANCE The SPCA of Texas shall provide a copy of Ccrtificatc of Insurance to the City showing the following insurancc coverages to be in forcc throughout the term of thc Contract: 1. Worker's Compensation in accordance with thc State Territorial Worker's Compensation Laws; and Employer's Liability Insurance. 2. Public liability and property damage insurance coverage including, but not limited to, the liability assumed in the indemnification provisions fully insuring contractor's and/or subcontraetor's liability for injury to, or death of, third pa-~ies, emended to include personal injury liability coverage, and for damage to property of third parties, with a minimum combined coverage for each occurrence of $500,000.00. 3. Comprehensive automobile and track liability insurance to include coverage of owned, hired, and non-owned vehicles with minimum limits of $300,000.00 for each occurrence for bodily injury and $100,000.00 for each occm,~atce for property damage. Such insurance is to include coverage of loading and unloading baTards. 4. The SPCA of Texas will maintain an umbrella policy of $3,000,000.00 to satisfy any claims over the minimum coverages listed above. Each insurance policy to be furnished by the SPCA of Texas shall include, by endorsement to tho policy, a statement that a notice shall be given to thc City by certified mail thirty (30) days prior to cancellation or upon any mterial change in coverage. SECTION III DEFINITIONS 1. Animal Control Services as contained in thc City's Animal Comml Regulations (see attached). 2. Animal as defined in the City's Animal Control regulations attached. SECTION IV DURATION OF CONTRACTUAL AGREEMENT This agreement supersedes all prior agreements, written or oral, between the parties concerning the same services, and shall become effective on the Ia day of October 2004 and continue through the thirtieth day of September 2005. This agreement shall automatically renew in its entirety on an annual basis for additional one year periods every October Ia in the absence of a written termination notice by either party. SECTION V TERMINATION OF CONTRACT Either party may terminate this agreement with ninety (90) days written notice stating therein the reasons for such cancellation. SECTION VI CHANGE ORDERS No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in this agreement. All change orders to the agreement will be made in writing and agreed upon by both the City and the SPCA of Texas. SECTION VII CONFLICT OF INTEREST No public official shall have interest in this agreement, in accordance with Vernon's Texas Codes Annotated Local Government Code Title 5, Subtitled C, Chapter 171. SECTION grill SEVERABILITY Should any section, sentence, clause or phrase of this agreement be held or determined to be invalid or unconstitutional for any reason, such holding shall not affect the validity of the remaining portions of this agreement, which are declared to be severable. SECTION IX ADDITIONAL OBLIGATIONS 1. Liaison Officer. The Executive Director for the Society for the SPCA of Texas or his/her designee shall act as the SPCA of Texns' liaison officer with the City. The City Manager of the City, or his/her designee, shall act as liaison officer of the City with the SPCA of Texas and shall be responsible for the administration and enforcement of this agreement. All reports, recommendations and any and all other correspondence shall be directed to the City Manager, or his/her designee, whose duty it shall be to see that the terms of this agreement are complied with and keep the City Council informed as to the status of the agreement with the SPCA of Texas. 2. Mutual Cooperation. The City shall provide all reasonable cooperation and assistance to the SPCA of Texas, its officers, agents, and employees in order to facilitate and accomplish the mutual objectives of this agreement. SECTION X ASSIGNMENT The SPCA of Texas shall not sell, assign, transfer or convey this agreement, in whole or in part, without the prior written consent of the City. SECTION XI VENUE This agreement will be governed and construed according to the laws of the State of Texas and shall bc performed in the City of Tbe Colony, County of Denton, Texas. SECTION XII COMPENSATION AND PAYMENT 1. The agreement for Animal Control and Sheltering Services between the City of The Colony and the SPCA of Texas will be for October 1, 2004 through September 30, 2005 (first term) and any additional renewals (additional terms). The remuneration to be provided to the SPCA of Texas will be equal to $180,000.00 per year for the first term, with a provision for increase at the beginning of each additional term and tied to the Consumer Price Index (Dallas/Fort Worth Area) combined with any increase in population or total area of the City. Any increase will be negotiated and an amount agreed upon before May 1 a prior to the end of each term, between the City of The Colony and the SPCA of Texas. The effective date of any increase will be October 1~ of the next term. 2. Payment will be made in monthly installments of $15,000.00 for the first term of this agreement, on or about the fifth (5th) day of each month be~nning the first day of October 2004. 3. In addition, all revenue collected for impounding, boarding, disposing and adoption of animals shall accrue to and become the property of the SPCA of Texas. 4. Animal Boarding Surcharges. This paragraph shall apply to special and/or unforeseen expenses incurred by the SPCA of Texas in the performance of long-term boarding services for animals impounded pursuant to this agreement, which are in the process of litigation or are in other unusual circumstances outside the scope of what the SPCA of Texas shall deem to be its obligations outlined in Section I. These expenses include, but are not limited to, charges for one-term and specific quarantine and bite cases and animals involved in an investigation of charges of cruelty to animals. The SPCA of Texas shall provide such animal boarding services to the City Administrator or his/her designee, based on the following conditions: A. Ten Dollars ($10.00) per day or any part thereof. B. No charge shall be made to the City for the first three (3) days of impoundment but the SPCA of Texas is not precluded from recovering said charges from otherwise responsible persons. C. Where the SPCA of Texas has accepted animals for boarding for which it feels it is entitled to fees allowed hereunder and has not obtained City authorization for whatever reason it shall give two (2) days' written notice to the City that it intends to terminate the boarding of these animals. Absent notification within two (2) days from the receipt of the notice by the City, the SPCA of Texas may proceed to dispose of the animals without any further responsibility and/or obligation to the City and/or to any City resident. SECTION XIII IDEMNIFICATION The SPCA of Texas shall defend, indemnify and hold harmless the City of The Colony and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of any negligent or willful act or fault of the SPCA of Texas, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, this agreement. The SPCA of Texas shall pay any judgment with cost, which may be obtained, against the City of The Colony growing out of such injury or damages. SECTION XIV CONSIDERATION TO BE PROVIDED BY THE CITY OF THE COLONY 1. ANIMAL SHELTER The City of The Colony will lease its shelter and all equipment currently contained therein to the SPCA of Texas for the sum of $1.00 per year. The City of The Colony will provide all necessary major repairs to and/or expansion of Shelter Facilities maintained within the City of The Colony. The definition of major repair being those repairs expected to cost $1,000.00 or more. 2. EMERGENCY DISPATCH The City of The Colony will provide emergency dispatch of Animal Control Officers after hours through thc Police Department. 3. PROMOTION The City will allow promotions of the SPCA of Texas through normal city outlets such as water bills, newsletters, bulletins, etc. Executed by: Authorized Representative ias City of The Colony Executive Director SPCA of Texas Date Date