Ordinance No. 7,782960912 -5
ORDINANCE NO. 7782
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
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 TWELVE AND NO /100 DOLLARS
($21,012.00); 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 the 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 contract 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, of the sum of TWENTY -ONE THOUSAND TWELVE AND NO/ 100
DOLLARS ($21,012.00), 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 NO/] 00 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 (25 %) 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 12th day of September, 1996.
xc e xf"4,
PETE C. ALFARO, ayor
ATTEST:
EIi,EEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, M., City Attorney
6klh2ftity counciAordinanceAl-IFls.ord
® SAL IJ VOISSWILITY AGREEMENT
is
THIS A1`INIAL RLiSPONSIBILITY AGRE:E=MENT ( "Ag.reement ")'i, entered into -this 3rd
day of Septc inber, 1996, by and between the City of 13aytowm, Texas, a municipal cotporation
of the State of Texas (hereinafter also called "City ") and the HOUSTON ITl iMANE SOCIETY
for the purposes and on the terms as hereinafter provided.
NYME- EAS, Cily collects Animals from its jurisdictional boundfirics for which it is tnnablc to
Provide care., adoption facilities or proper disposal for; and
Wl))`RJ::AS, City has colieiled the lielp of T-THS in caring for, adopting out and disposing of
Animals; and
WIIFRI•:AS, TIMS, has agreed to accept Animals froin City at a fee of scven dollars (ST00)
per Animal to care for, adopt out and dispose of tlic A.ninial.
NOW - nTEREFORE, in consideration of dic preiniscs herein, and otlier good and valuable
consideration, the rrccipt and sufficiency of which is hereby acknowledged, the parlirs hereto
agree as follows:
1.1 Animals. The Wrni "Aninial" incstis dogs and cats held by City for ut least tliree (3) days
prior to Deliver), to ITHS for care, adoption or disposal.
1.2 Dangerous AnimuLs. The term "Dangerous Animals" means any dog or cat which the
City knows is inCccte;d with the rabies disease or an Animal which the City knows has bitten
any pers3r).
1.3 Delivery. The tcrin " I)clivciy" means die process of City by wluch Animals arr. to be
dropped off to 1-1115 for care, adoption or disposal.
1.4 Fec. 711L Lt:TM "Fee" means the charge of seven dollars ($7.00) per Animal payable to the
H13S by City for accepting; Animals for care, adoption or disposal.
City Agrccs a.• follows:
2.1 Fee. To pay the Fre in accordaticc with 111-15 nomial account Policy which arnocrnis shall
he due in fig ll on the fifteenth (I Sth) day of the month following the Jest day of the culendar
month during; which ] cliverics have been made.
EXHIBR A
2.2 Animal Drop -Off. To Dclivcr the HHS Animals vin City's ovm dclivcry equipment
cacti Tuesday and Friday which is not a recognized legal holiday of either City of 11115. City
agrces to present to the properauthorized agent of HHS an accounting of all Asiimals
delivered on arch day which accounting shall be verified by the agent of IiHS and retained by
11115 for purposes of billing the Fcc to City. At Delivcry, the Animals are to be unloaded
from the City's delivery equipment by II11S personnel, dimocted and Supervised by 1 HIS
personncl. City shall not have any obligation or re.ponsihiliry for the unloading of the
Animals.
2.3 Dangerous Animals. To hold all Ddrigerous for ten (10) days Prior to Delivery to be
sure such Dangerous Animals arc not infected with the rabies disease. Any such infected
aninial sliall not be delivered to tltc YIHS.
11115 Agrees as follows:
2.4 Huatattc Services. To provide its normal humanc services to flit Animals, including but
not limited to the care, adoption and disposal of Animals, in accordance with 11iiS's
establishLd policies regarding such matters.
2.5 Acceptance at Delivery. To acccpl all Animals delivered pursuant to the terms of this
Agreement. 11HS agrees to unload all Animals and accept all responsihilities and obligations
for the Humane care of such Animals af1cr such Dclivaxy.
3.1 City Authority. City rupresents and warrants that it has the authority to Deliver the
Animals to MIS and that City is nut aware that the Animals arc subject to any clnim in
accordance with its own politics by any resident within its jurisdictional boundaries.
3.2 independence of Agencies. City and I4HS reeognixe that each agcncy is a separate !coal
entity, subject, to its oven mamgemcni, day - today operations and policies and that this
Agreement is the only relationship between the two agencies. Neither agtttcy has any power,
ability or authority to direct the other agencies' politics, day -to -day operutions or
management.
3.3 Delivery Agent. City represents and warrants that the Delivery agent is an agcnr of City
for till purposes anti at no time shall I- LIPS have the ability, authority or right to control any
aspect of the Delivery agent's duties.
3.4 Animal Responsibility. Ill-IS represents and warrants that it has the authority to receive
the animals from city wid that it will he responsible for [lie cart, adoption and disposal of all
Auimuls delivered pursuant to the terms of this Agreement.
:7
3.5 UU102ding. 1.11-15 represcats and warranLs that it will be responsible fcir the unloading of
all dclivercd Animals, and shall only cause it own agents to be involved in the proccss of
unloading all Aiiimals.
WW"91 31 ►: a a►
4.1 Payment of fee, The Fee provided for in Articic 2.1 of this Agrecment shall be due: and
payable ov, the thirtieth (30111) clay of each month or within thirty (30) days after the City
receives an invoice for the services of HHS covering all Animals Dclivcred during the
preceding month, whichever is later. A late charge of one percent (1%) per month maybe
assessed by 1-U TS for cacti day past the thirtieth (30th) day of the month that billed Fees
remain unpaid.
4.2 Term. 'Phis Agrecment shall be effective for the one (1) year period begiiming on the
date first written above (the "Execution Date "), suhiect to early termination as provided
herein.
4.3 Termination. phis Agrecment may be terminated before t.iic one (1) year anniversary or
the Exec>.titioii Bate hureof 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; or
c. Any complaints directed at THIS from residents within City's
jurisdictional boundaries which cannot be resolved by City.
d. Either party providuig written notice of termination, for any reason,
11irty (30) days prier to such termination date.
V- iHt .I.T.exc_QjL$
5.1 Notices. Ali notices and communications hereunder shall be in writing and shall be
decided given when sc-rit by registered or certified United States mail, postage prepaid, and, if
intended for IH IS, shall be addressed to it, to the attention of its Executive Director, at P. 0.
Dox 450529, Houston, Texas 77245 -0528, and if intended for the City, shall be addressed to
it a the address wi-illen below its naine, or at such other address of which City shall have
given notice to MIS in the manner herein provided.
City or Baytown
Attn: City Mmiager
Post OfFcc: Box 424
Baytown, Texas 77522
53 Law. 113is Agrcemcnt shall be subject to and governed by the laws of t}ic State orT'exas
and the parties hereto agree that venue is proper ire I•I "arris cotuitj,. "
5.4 Entire Agreement.. This Agrcc:rne -nt constitutes the entire agreement of the parties
relating to the matters Contained herein, superseding all prior contracts or agreement,,
whether oral or written.
5.5 Headings. The headings in this ugrcemcnt are inserted for convcnicttcc and
ickntification only and arc not attended to desCrihe, interpret, define or lialit the scope, extent
or intent of this agreement or any Provision hereof
5.6 Terr.uinnlogy. Whenever the context rcoin:s, the gender of all worths used in this
Agrecitscm shall include the masculine, feminine., and neuter, and the number tff all words
shill included the singular and the plural.
IN WTTNESS WHEREOF, the Parties hereto have set their Jimid a_s orthe date first written
above.
CITY OF BAYTOWN
L6-M
A'1-TEST:
APPROVED:
AI)DRL'SS,
HOUSTON IIUMANL: SOC:IEJ'Y
(HHS )
D Y:
Sherry FergusUi
Exccutivc Director
A,
ADDRESS:
P. 0. AOX 450528
HOUSTON, TEXAS 77245 -0528