Ordinance No. 8,062970911 -7
ORDINANCE NO. 8062
® 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 SEVENTEEN THOUSAND FOUR HUNDRED AND NO /100 DOLLARS
($17,400.00); 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 SEVENTEEN THOUSAND FOUR HUNDRED AND NO/ 100 DOLLARS ($17,400.00),
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 /100 DOLLARS ($15,000.00) or less, subject to the provision
that the original contract price may not be increased by more than twenty-five percent (25 %) or decreased by more
than twenty -five percent (25 %) 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 1 Ith day of September, 1997.
ATTEST:
EILEEN P" HALL, City Clerk
APPROVED AS TO FORM:
® ,+u i Ra,,L -.,,4
eNACIO RAMIREZ, SR ty Attorney
PETE C. ALFAR , Mayor
c: \MyDocuments%Council \Meetings \September\Animal HoustonHumaneSocietyK.l I .doc
ANIMAL RESPONSIBILITY AGREEMENT
® THIS ANIMAL RESPONSIBILITY AGREEMENT ( "Agreement ") is entered into this
day of , 1997, 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 (S7.00) 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 "Delivery" 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 ($7.00) per Animal payable to the
HHS by City for accepting Animals for care, adoption or disposal.
H. 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 or before the thirtieth (30th) day of the month after the City receives services from
HHS or on or before the thirtieth (30th) day after the City receives an invoice for such services,
whichever is later (the "Due Date ").
E�iH +pR A
2.2 Animal Drop -Off. To Deliver to HHS the Animals via City's own delivery equipment each
Tuesday and Friday which is not a recognized legal holiday of either City or HHS. City agrees to
is 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 14HS 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.
HMS 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.
M. 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 -to -day 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.
3.5 Unloading. HHS represents and warrants 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 i.4 of this Agreement shall be due and
payable on or before the Due Date. A late charge of 1% per month may be assessed by HHS for
each day past the Due Date 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.
43 Termination. This Agreement may be terminated 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;
c. Any valid complaints directed at HHS from residents within City's jurisdictional
boundaries which cannot be reasonably resolved by City; or
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
Attn: City Manager
P.O. Box 424
Baytown, Texas 77522
53 Law. This Agreement shall be subject to and governed by the laws of the State of Texas and
the parties hereto agree that venue is proper in Harris County, Texas
5.4 Entire Agreement. This Agreement constitutes the entire agreement of the parties 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
Un
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR.,LOty Attorney
Address:
P. 0. BOX 424
BAYTOWN, TX 77522 -0424
0
(HHS)
HOUSTON HUMANE SOCIETY
By: 0.0h�Q ,6�
Sherry Perguson CJ
Executive Director
ATTEST:
Edward Perms
Shelter Director
Address:
P.O. Box 450528
Houston, TX 77245 -0528
US/SACPLbaytown.9.97