Ordinance No. 7,395950914 -9
ORDINANCE NO. 7395
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
Ashk Rp EXECUTE AND THE CITY CLERK TO ATTEST TO AN ANIMAL
RESPONSIBILITY AGREEMENT WITH THE HOUSTON HUMANE SOCIETY;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, UP TO THE SUM
OF TWENTY -ONE THOUSAND AND N01100 DOLLARS ($21,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an Animal
Responsibility Agreement with the Houston Humane Society. A copy
of said agreement is attached hereto, marked Exhibit "A," and made
a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown
authorizes payment to the Houston Humane Society up to the sum of
TWENTY -ONE THOUSAND AND N01100 DOLLARS ($21,000.00), pursuant to
the Agreement.
Section 3: That pursuant to the provisions of Texas Local
Government Code Annotated § 252.048, the City Manager is hereby
granted general authority to approve any change order involving a
decrease or an increase in costs of FIFTEEN THOUSAND AND N01100
DOLLARS ($15,000.00) or less, subject to the provision that the
original contract price may not be increased by more than
twenty -five (25 %) or decreased by more than twenty -five (250)
percent without the consent of the contractor to such decrease.
Section 4: This ordinance shall take effect immediately from
and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 14th day of September,
1995.
PETE C. AL O, Mayor
ATT.FST ., Jf
® EI.LEEN 'P. HALL, City Clerk
II
J
APPROVED AS TO FORM:
ACID RAMIREZ, City Attorney
leg al /cou nc i119 -14 -95 outhAG RE Ehumane
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950914 -9a
—WNIMAC RESPONSIBILITY AGREEMENT
THIS ANIMAL RESPONSIBILITY AGREEMENT ( "Agreement ") is entered into this 1 st
day of October, 1995, by and between the City of Baytown, Texas, a municipal corporation
of the State of Texas (hereafter also called "City") and the HOUSTON HUMANE SOCIETY
( "HHS ") for the purposes and on the terms as hereinafter provided.
RECITALS
WHEREAS, City collects Animals from its jurisdictional boundaries for which it is unable to
provide care, adoption facilities or proper disposal for; and
WHEREAS, City has solicited the help of HHS in caring for, adopting out and disposing of
Animals; and
WHEREAS, HHS has agreed to accept Animals from City at a fee of seven dollars ($7.00)
per Animal to care for, adopt out and dispose of the Animals.
NOW THEREFORE, in consideration of the premises herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
I. DEFINITIONS
1.1 Animals. The term "Animals" means dogs and cats held by City for at least three (3)
days prior to Delivery to HHS for care,-adoption or disposal.
1.2 Dangerous Animals. The term "Dangerous Animals: means any dog or cat which City
knows that such Animal is infected with the rabies disease or an Animal which City knows
has bitten any person.
1.3 Delivery. The term "Deliver}' means the process of City by which Animals are to be
dropped off at HHS for care, adoption or disposal.
1.4 Fee. The term "Fee" means the charge of seven dollars (57.00) per Animal payable to
the HHS by City for accepting Animals for care, adoption or disposal.
IT."AGREEMENTS
City Agrees as follows:
® 2.1 Fee. To pay the Fee in accordance with HHS normal account policy which amount shall
be due in full on the fifteenth (15th) day of the month following the last day of the calendar
month during which Deliveries have been made.
EXHIBIT A
2.2 Animal Drop -Off To Deliver the HHS Animals via City's own delivery equipment
each Tuesday and Friday which is not a recognized legal holiday of either City of HHS. City
agrees to present to the proper authorized agent of HHS an accounting of all Animals
delivered on each day which accounting shall be verified by the agent of HHS and retained by
HHS for purposes of billing the Fee to City. At Delivery, the Animals are to be unloaded
from the City's delivery equipment by HHS personnel, directed and supervised by HHS
personnel. City shall not have any obligation or responsibility for the unloading of the
Animals.
2.3 Dangerous Animals. To hold all Dangerous animals for ten (10) days prior to Delivery
to be sure such Dangerous Animals are not infected with the rabies disease. Any such
infected animal shall not be delivered to the HHS.
HHS Agrees as follows:
2.4 Humane Services. To provide its normal humane services to the Animals, including but
not limited to the care, adoption and disposal of Animals, in accordance with HHS's
established policies regarding such matters.
2.5 Acceptance at Delivery. To accept all Animals delivered pursuant to the terms of this
Agreement. HHS agrees to unload all Animals and accept all responsibilities and obligations
for the Humane care of such Animals after such Delivery.
III. REPRESENTATIONS AND WARRANTIES
3.1 City Authority. City represents and warrants that it has the authority to Deliver the
Animals to HHS and that City is not aware that the Animals are subject to any claim in
accordance with the City's own policies by any resident within its jurisdictional boundaries.
3.2 independence of Agencies. City and HHS recognize that each agency is a separate legal
entity, subject to its own management, day - to-day operations and policies and that this
Agreement is the only relationship between the two agencies. Neither agency has any power,
ability or authority to direct the other agencies' policies, day - today operations or
management.
3.3 Delivery Agent. City represents and warrants that the Delivery agent is an agent of City
for all purposes and at no time shall HHS. have the ability, authority or right to control any
aspect of the Delivery agent's duties.
3.4 Animal Responsibility. HHS represents and warrants that it has the authority to receive
® the animals from City and that it will be responsible for the care, adoption and disposal of all
Animals delivered pursuant to the terms of this Agreement.
A.N•l..e. ': :.1 }.: e
3.5 Unloading. 'HHS represents °and'warran ts that it will be responsible for the unloading of
all delivered Animals, and shall only cause it own agents to be involved in the process of
unloading all Animals.
IV. GENERAL PROVISIONS
4.1. Payment of Fee. The Fee provided for in Article 2.1 of this Agreement shall be due and
payable on the fifteenth (15th) day of each month covering all Animals Delivered during the
preceding month. A late charge of seven dollars ($7.00) per day may be assessed by HHS for
each day past the fifteenth (15th) day of the month that billed Fees remain unpaid.
4.2 Term. This Agreement shall be effective for the one (1) year period beginning on the
date first written above (the "Execution Date "), subject to early termination as provided
herein.
4.3 Termination` This Agreement may be ternunated before the one (1) year anniversary of
the Execution Date hereof for any of the following reasons:
a. Any default in payment or late payment by City;
b. Any wrongful Delivery, including but not limited to Delivery of Dangerous
Animals which were not held for the requisite period of time or
c. Any valid complaints directed at HHS from residents within City's jurisdictional
boundaries which cannot be reasonably resolved by City.
d. Either party providing written notice of termination, for any reason, thirty (30) days
prior to such termination date.
V. MISCELLANEOUS
5.1 Notices. All notices and communications hereunder shall be in writing and shall be
deemed given when sent by registered or certified United States mail, postage prepaid, and, if
intended for HHS, shall be addressed to it, to the attention of its Executive Director, at P.O.
Box 450528, Houston, Texas 77245 -0528, and if intended for the City, shall be addressed to
it at the address written below its name, or at such other address of which City shall have
given notice to HHS in the manner herein, provided.
City of Baytown
Ann: City Manager
P.O. Box 424
Baytown, Texas 77522
5.3 Law. This Agreement shall be subject to and governed by the laws of the State of Texas
gr J !3
and the parties hereto agree that venue is proper in Harris County.
5.4 Entire Agreement. This Agreement constitutes the entire agreement of the parries
relating to the matters contained herein, superseding all prior contracts or agreements,
whether oral or written.
5.5 Headings. The headings in this Agreement are inserted for convenience and
identification only and are not intended to describe, interpret, define or limit the scope, extent
or intent of this Agreement or any provision hereof.
5.6 Terminology. Whenever the context requires, the gender of all words used in this
Agreement shall include the masculine, feminine, and neuter, and the number of all words
shall included the singular and the plural.
IN WITNESS WHEREOF, the parties hereto have set their hand as of the date first written
above.
CITY OF BAYTOWN
ATTEST:
APPROVED:
Address:
i
HOUSTON HUMANE SOCIETY
(HHS)
By: C�
Sherry Ferguson
Executive .Director
A
Ed*i&d Perez
Shelter Director
Address;
Y.O. Box 450528
Houston, TX 77245 -0528