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HomeMy WebLinkAboutOrdinance No. 01-1283 (2) ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. ,_/~)/- / ~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH S.P.C.A. FOR THE PROVISION OF ANIMAL CONTROL SERVICES; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City a contract with S.P.C.A. for the provision of animal control services. The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage by the City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 5th day of March 2001. ATTEST: William W. Manning, Mayor ! APPROVED A~ TO FORM: o~n Hil~e~j Cit~[~mey - AGREEMENT FOR ANIMAL CONTROL AND SHELTERING SERVICES This agreement is entered into this 1st day of ApHI, 2001, 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 the 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 Contractor shall be responsible for the enforcement of animal regulatory ordinances. In carrying out this responsibility, the Contractor 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 service. Hours of patrol and enforcement may vary from day to day depending on existing problems. Hours of patrol shall be concentrated on, but not limited to regular business hours of 8 AM to 6 PM Monday through Saturday. Only emergency calls will be responded to before 8 AM and after 6 PM on Monday through Saturday and all day on Sunday, and on Holidays as an on call service. Emergency 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 calls is as follows: 1. Animal bite to human. 2. Seriously injured or sick animal. 3. Police assistance calls. 4. Special circumstances as ordered by the Mayor/designee. C. Investigate complaints involving animals. D. Apprehend and impound stray animals. An animal control officer may, at his/her discretion in the field, return the animal to the owner, if known, and issue a written or verbal warning to the same. E. Secure evidence of suspected 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 Department of Health certified laboratory for rabies diagnosis. I. Provide quarterly reports pertaining to the 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 be stray, impounded, or otherwise tumed 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 Amedcan Veterinary Medical Association, which shall not subject such animal to unnecessary pain. L. Provide for the removal and disposition of stray small dead animals (excluding livestock) from the streets within the city limits of The Colony. If 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 the owner. M. Use and maintain the crematory incinerator furnished within the shelter compound and be responsible for fuel and maintenance costs for same. N. The contractor shall maintain for a pedod of three (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 vedfy the first, second and third offense status of animals. O. The SPCA of Texas shall be entitled to charge and collect 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 Contractor by owners of impounded animals under the terms of this agreement shall be retained by the Contractor. P. Any impounded animal that is not claimed as provided by the city's animal ordinance shall become the property of the SPCA of Texas In addition, the SPCA OF Texas will be responsible for day-to-day maintenance of the Animal Shelter, Animal Control Vehicles and their replacements and all small equipment (including office equipment, live animal traps, etc.) provided by the City of The Colony. 2. ANIMAL CONTROL OFFICERS: All officers shall be suitably uniformed to present a clean, respectable image to the public. The City shall be responsible for secudng 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 cdminal complaints and citations, as well as investigation, 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 wdtten 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 all fines and court costs associated with such violations. Officers will be available for court as needed. 3. ANIMAL REDEMPTION Impounded Animals shall be released to owner or custodians, or authorized agent only upon satisfactory proof of ownership and payment of all applicable fees. All impounded animals must have 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 the 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 notice 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. After the expiration of this period, the disposition of these animals is at the discretion of the contractor. Notice to the owner shall be based on the best evidence available to the contractor, including 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 purposes. 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 conjunction with local veterinarians. 8. SHELTER HOURS OF OPERATION The SPCA of Texas shall keep, at a minimum, the shelter facilities open to the public dudng 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, Memodal Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 9. ANIMAL DISPOSAL The SPCA of Texas will offer disposal of deceased domestic animals for local residents and veterinarians for a fee to be determined by the SPCA. 3 SECTION II INSURANCE The Contractor shall provide a copy of Certificate of Insurance to the City showing the following insurance coverage to be in force throughout the term of the Contract: 1. Worker's Compensation in accordance with the 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 subcontractor's liability for injury to, or death of, third parties, extended 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 truck liability insurance to include coverage of owned, hired, and non-owned vehicles with minimum limits of $300,000.00 each occurrence for bodily injury and $100,000.00 each occurrence for property damage. Such insurance is to include coverage for loading and unloading hazards. 4. The SPCA 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 successful offerer shall include, by endorsement to the policy, a statement that a notice shall be given to the City by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. SECTION III DEFINITIONS 1. Animal Control Services as contained in the City's Animal Control Regulations (see attached). 2. Animal as defined in the City's Animal Control regulations attached. SECTION IV DURATION OF CONTRACTUAL AGREEMENT This contract, which terminates as of its effective date all prior agreements, wdtten or oral, between the parties concerning the same services, shall become effective on the Ist day of Apdl 2001, and continuing through and including the thirtieth day of September 2004. SECTION V TERMINATION OF CONTRACT This contract shall remain in effect until the thirtieth day of September 2004. Either party may terminate this contract with ninety (90) days wdtten 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 contract. All change orders to the contract 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 contract, in accordance with Vemon's Texas Codes Annotated Local Government Code Title 5, Subtitled C, Chapter 171. SECTION VIII SEVERABILITY Should any section, sentence, clause or phrase of this contract 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 contract, which are declared to be severable. SECTION IX ADDITIONAL OBLIGATIONS 1. Liaison officer. The Executive Director for the Society for the Prevention of Cruelty to Animals of Texas or his/her designee shall act as the Contractor's liaison officer with the City. The Mayor 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 Mayor, or his/her designee, whose duty it shall be to see that the terms of this Agreement are complied with and to keep the City Council informed as to the status of the Agreement with the Contractor. 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 3. Employees. The SPCA of Texas shall offer pemons employed by the City of The Colony as animal control officers or shelter attendants as of the effective date of this contract, employment with the SPCA of Texas at the same job level at which they are currently employed. All compensation and beneffis offered to these employees will be consistent with SPCA of Texas' personnel policies and pay scales. SECTION X ASSIGNMENT The Contractor shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of the City. SECTION Xl VENUE This contract will be governed and construed according to the laws of the State of Texas and is performable in the City of The Colony, County of Denton, Texas. SECTION Xll COMPENSATION AND PAYMENT 1. The contract for Animal Control and Sheltering Services between the City of The Colony will be for a term of three years, six months from the starting date of the signed contract. The first term of this contract will begin on Apdl Ist, 2001 and end on September 30, 2002, subsequent terms will be one year in duration. 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 fiscal year beginning on September 30, 2002, and tied to the Consumer Price Index (Dallas/Ft. 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 1st pdor to the end of each term, between City of The Colony and the SPCA of Texas. Effective date of the increase will be October 1st. 2. Payment will be made monthly in monthly installments of $15,000.00, for the flint term of this contract, on or about the fifth (5~ day of each month beginning the first day of Apdl, 2001. 3. In addition, all revenue collected for impounding, boarding, disposing and adoption of animals shall accrue to and become the property of the Contractor. 4. Animal Boarding Surcharge. This paragraph shall apply to special and/or unforeseen expenses incurred by the Contractor 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 Contractor 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 Contractor 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 Contractor is not precluded from recovering said charges from otherwise responsible persons. C. Where the contractor 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' wdtten 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 Contractor may proceed to dispose of the animals without any further respensibility and/or obligation to the City and/or to any City resident. SECTION Xlll INDEMNIFICATION The Contractor 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 contract. The Contractor 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. VEHICLES All Animal Control Vehicles currently owned by the City of The Colony will become the property of the SPCA of Texas except, upon cancellation or termination of this contract, all property, including vehicles shall be retumed to the City of The Colony in as good or better condition except for normal wear and tear~ The City will allow the SPCA of Texas to identify the patrol vehicle(s) by placement of the SPCA of Texas Animal Services logo and telephone number on the vehicle. 3. EMERGENCY DISPATCH The City of The Colony will provide emergency dispatch of Animal Control Officers after hours through the Police Department. 4. PROMOTION The City will allow promotion of the SPCA of Texas through normal city outlets such as water bills, newsletters, bulletins, etc. Executed by: Authorized Representative Warrer~ Cox -~'~' City of The Colony Executive Director SPCA of Texas Date