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Ordinance No. 8,451981112 -11 ORDINANCE NO. $451 ® 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 TWO AND NO /100 DOLLARS ($17,402.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTWE 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 TWO AND NO /100 DOLLARS ($17,402.00), 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 ($15,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty-five percent (25 %) or decreased by more than twenty-five percent (25 %) without the consent of the contractor to such decrease. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 12 "' day of November, 1998. xt& �. PETE C. ALFARO, Mayor ATTEST: �. C� ETLEEN P. HALL, City Clerk APPROVED AS TO FORM: • e54 NACIO RAMIREZ, ty Attorney c:klh 105 \CityCouncil\ Ordinances\ AnimalHoustonHumaneSocietyAgreement n ATTACHMENT "A "' AGREEMENT • ANIMAL RESPONSIBILITY AGREEMENT STATE OF TEXAS § COUNTY OF HARRIS § THIS ANIMAL RESPONSIBILITY AGREEMENT'( "Agreement ") is entered into this the day of 1998, by and between the City of Baytown, Texas, a municipal corporation located in Harris and Chambers Counties, Texas (the "City"), and c,' a S corporation located within 40 miles of the incorporated limits of the City of Baytown, Texas, (the "Contractor "). WITNESSETH: WHEREAS, the City collects animals as hereinafter defined from its jurisdictional boundaries; and WHEREAS, the City desires Contractor to provide for such animals' care, adoption facilities or proper disposal, if necessary; and WHEREAS, the Contractor has agreed to provide such services to the City at a fee of —S P ICJ n DOLLARS ($� per animal; NOW THEREFORE, I. Definitions As used in this Agreement, the following terms shall have meanings set out below: 1.1 Animals shall mean any living creature other than man and livestock held by the City for at least three days prior to delivery to Contractor for care, adoption and/or disposal. 1.2 Dangerous animals shall mean any animal which the City knows is infested with the rabies disease or an animal which the City knows has bitten any person. 1.3 Delivery means the process of the City by which animals are to be dropped off at the Contractor's place of business for care, adoption, and/or disposal. 1.4 Fee means the charge of _ 5 � % J_ r� r2 DOLLARS ($ , 00 per animal payable to the Contractor by the City for accepting animals for care, adoption and/or disposal. 1.5 Livestock shall mean any grazing animal, including but not limited to cattle, horses, mules, asses, burros, sheep and goats. II. Agreements 2.1 The City agrees as follows: ® a. to pay the fee in full on or before the 30`'' day of the month after the City receives services from the Contractor or on or before the 30`h day after the City receives an invoice for such services, whichever is later (the "Due Date "); OIL/ Animal Responsibility Agreement, Page 1 b. to deliver to Contractor animals via the City's own delivery equipment on any Tuesday and/or Friday, which are not legal holidays of either the Contractor or the City; and C. to hold all dangerous animals for ten days prior to delivery to Contractor to be sure that such animals are not infected with the rabies disease, for no rabies - infected animals shall be delivered by the City to the Contractor. 2.2 The Contractor agrees as follows: a. to provide humane services to the animals delivered by the City, including, but not limited to, the care, adoption and disposal of animals in accordance with the Contractor's guidelines, which are attached hereto as Exhibit "A" and incorporated herein for all intents and purposes; b. to accept all animals delivered by the City pursuant to the terms of this Agreement; and C. to unload all animals delivered by the City and accept all responsibilities and obligations for the humane care of such animals after delivery. 111. Representations and Warranties 3.1 The City represents and warrants that it has the authority to deliver the animals to the Contractor and that the City is not aware that the animals are subject to any claim in violation of the City's own policies by any resident within its jurisdictional boundaries. 3.2 The City and the Contractor recognize that each is a separate legal entity, subject to its own management, day -to -day operations and policies and that nothing herein contained shall be construed to effect a contract of partnership or joint venture or render any party hereto the employer or master of any other party and/or its employees, agents or representatives. 3.3 The City represents and warrants that the delivery agent is an agent of the City for all purposes and at no time shall the Contractor have the ability, authority or right to control any aspect of the delivery agent's duties. 3.4 The Contractor represents and warrants that it has the authority to receive the animals from the City and that it will be responsible for the care, adoption and/or disposal of all animals delivered pursuant to the terms of this Agreement. 3.5 The Contractor represents and warrants that it will be responsible for the unloading of all delivered animals and shall only cause its own agents to be involved in the process of unloading of the animals so delivered. IV. General Provisions 4.1 The fee defined in Article 1.4 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 the Contractor for each day past the Due Date that billed fees remain unpaid. Animal Responsibility Agreement, Page 2 4.2 This Agreement shall be effective beginning on the date first written above (the ® "Execution Date ") and ending September 30, 1999, subject to early termination as described in Article 4.4 and subject to renewal as provided for in Article 4.3. 4.3 This Agreement may be renewed under the same terms and conditions for successive one -year periods, upon the agreement of the parties. Each such renewal must be evidenced in writing and approved by the appropriate authorities of each party. 4.4 Either party hereto may terminate this Agreement for cause, upon providing at least 30 days' written notice of termination, in the event of any of the following: a. any default in payment or late payment by the City, which persists for a period of. 30 days after receiving written notice from the Contractor of the default or late payment a_nd a demand therefor; b. any wrongful deliver, 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 the Contractor from residents within the City's J urisdictional boundaries which cannot be reasonably resolved by the City. Furthermore, either party may terminate this Agreement for convenience at any time after providing 30 days' written notice of pending termination and of the effective termination date. V. Miscellaneous, 5.1 All notices required to be given hereunder shall be given in writing either by telecopier, overnight, or facsimile transmission, certified or registered mail at the respective addresses of the parties set forth herein or at such other address as may be designated in writing by either party. Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the following addresses: NTRACTOR pow ma- 1 CITY City of Baytown Attn: City Manager P.O. Box 424 • Baytown, TX 77522 Fax: (281) 420 -6586 5.2 In the event that any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remainder of this Agreement shall not be affected Animal Responsibility Agreement, Page 3 • thereby, and each other term of this Agreement shall be valid and enforced to the fullest extent permitted by law. 5.3 The Contractor shall not assign, sell or otherwise transfer any of its rights or. obligations under this Agreement in whole or in part, without the written consent of the City. 5.4 It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. There are no oral understandings, statements, promises or inducements contrary to the terms of this Agreement. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, representative or employee of the City either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 5.5 Failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement or part hereof or the right of the City thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived the same. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 5.6 The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. 5.7 Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless context requires otherwise. 5.8 The parties agree that this Agreement shall not be construed in favor of or against any party on the basis that the party did or did not author this Agreement. 5.9 This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas, regardless of the place of execution or performance. The place of making and the place of performance for all purposes shall be deemed to be Baytown, Harris County, Texas. 5.10 The individuals executing this Agreement warrant and represent that they are duly authorized to execute this Agreement on behalf of the City and the Contractor as a binding act and agreement of the City and Contractor, respectively. Animal Responsibility Agreement, Page 4 IN WITNESS WHEREOF and intending to be legally bound hereby the parties hereto have executed this License Agreement under.seal on the date first above mentioned. ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney CITY OF BAYTOWN BOBBY ROUNTREE City Manager CONTRACTOR "'we of Contra.6toz - Signature 61 of Mthorized Representative of Contractor aeCa t� ll d e m, Title of Authorized Representative of Contractor STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, ' c, I , the undersigned notary public, on this day ,�ersonally, peared F_ C--QS the L- �v,r�J 12�CT�3�'� of u vc U , the Contractor, known to me proved to me on the oath of through his/her currents f' CC E- (description of ® identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (✓ one) Animal Responsibility Agreement, Page 5 • to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he /she executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office thi %!may of �'� ��TM�C -2- , 1998. Notary Public in anaor the State of Texas waavc.� My commissio ti* ENOTARY RLITZ o BLIC �( EXAS f''� o. ��4� Ms•1- 2600 c: kihI131 Contract sWnima ]ResponsibilityAgreement \l 99SCompetitiveBidAnim IResponsibilityAgreement Animal Responsibility Agreement, Page 6 • Exhibit "A" Houston Humane Society Incoming and Euthanasia Policies • Houston Humane. Society Incoming Policies Incoming Animals: Accept all animals regardless of size, age- or. species All animals - placed. up for adoption- stay. up for adoptioa as long as-they stay healthy-and-we have -room S- creeping: All animals -will be- screened for proper health, suitable-temperament and age. adaptability prior to. placementforadopfron- AII--dogs will be dif I tested for HW prior to being placed for adoption " ". over 5 months wilrbe occult tested-for FfW-- before going_ home All cats.will be tested for FeIV prior to- going- home Shelter Director has authority to hold animals for observation Fostering -: All -cats will be tested for FeIV' prior to going into foster homes All - appropriate dogs will-be tested-for heartworms prior to going into foster homes Animals- available-for foster homes will be determined- by Shelter Director. Foster-homes --will be approved jointty by -Shelter- Director- and Adoption Director Costs- associated from fostering: are- the- responsibility of the person fostering - Medications may be dispensed at reduced or no cost as appropriate by H HS staff,-veterinarian. Holding: All animals will- receive water within -hours of being admitted Any-- dog -held in holding area overnight will be- walked first thing in the .. moming. Appropriate-dogs held more than -5 hours-will be walked. Euthanizing. All - animals. will: be euthanizect as timely as possible. Decision of animals to be-:euthanized is: the. decision of the Shelter Director. All injured animals and request euthanasias -will be done immediately. All _ animals-will -be injected -with: sodium pe.ntobarbitot using. intr_aver�ous route; inter - peritoneal route -or intracardial- route in that order of- priority. Treatment:. Only minor treatments such as ear mites, hot - spots, scratches -etc, ca:n be administered on site. Candidates -for- medical treatment are. chosen/approved by Shelter Director - .Adopting - Adoptions -must follow adoption proved ures and' guidelines. NO. ani mat leaves the HHS without being altered Rescue -Cfu bs Adoptable_ purebred- dogs will be- placed- up, for adoption- at HH& first. If they dfl. not get adopted according to usuar procedures; a.gxjaFfied' rescue club -will be called. Dogs - will be- released - to- reputable rescue - groin -9nly Dogs .wilf -be_ altered .prior- to going into rescue program Shelter DirectorfAdoptiorr Director must approve any dog going to- rescue Rescue clubs do not pay for dogs Rescue clubs do-,pay $1.5- sfn- cost- for dogs takert to- rehabilitate. The -above Raficies include animats= received from Anirnat Candrols • HOUSTON HUMA14E SOCIETY Euthanasia- Protocol 9 All sick, injured, or Request Euth- animals are to be euthanized immediately after paperwork is completed. 2. NO ANIMAL will view the euthanizing_ of another or view bodies: Euthanize in- separate room, cover the, cages- and/or b.o.dies. 3. Mother cats /dogs- must be euthanized BEFORE kittens/puppies. 4. ALL paperwork MUST BE -in hand and authorized BEFORE animal is -euth. Verily the animal to the admitform BEFO:REeuthanizing-. DG not eutt-anize- ANYammatwithout proper. paperwork. 5. Record -the animals weight and the number of'cc's used immediately after the animal has been euthanized: DO NOT save paperwork unfit_ alt. are frnished 6. Sodium pentobarbital for euthanasia is to be. administered as follows: - - -I.V. - dogs, large puppies -, manageable cats 1+ cc/ 10lbs -- 1.H. - cats- 2+ ca/ 1-01 bs -= I.P. - average adult cat, small puppies & kittens, small cage pets, birds min doses: min doses: newborn kittens 1.cc: average. adult cat or large kitten 3 cc newborn pups 1 1 cc large cats and rabbits 4-6 cc 12 week kittens 2 cc -- I.C. - only on sedated animal- - use I.V. dosages needle..sizes: . 20 gauge ............. average, dog 22 -23 gauge..-....cats and small dogs 18- gauge are never used on concious anima is 7. Manageable, docile cats that be- - restrained are injected I_V_ Struggling, growling, or clawing indicate-that the catshould be- given-F.P-. or I.K. injection. 8. Any :dog_ that is- unable to be- humanely or safety restrained will- be- tranquilized with an I.M. injection.ofRompun or Acepro.maziine or fetamine. Dosages:: Rompun .................... 0.1 cc]. 1:0 Ibs,. maximum of 3cc-per injection Acepromazine.......... 0.2cc f 'l0- lbs. Ketamine ................. Q.25cc -1 TO, lbs. 9. Needles--are to be- capped unless in use: Syringes & needles-cart be-dnsed & reused twice. Check needles -for burrs & clogg±ng before using. All discarded needles & syringes are to be put in designated receptacle for. destruction. ,1010. Death must be. verified on each animal prior to- removat from the euthanasia. room. eath is verified by a- lack of ALL the - following: heartbeat- -respiration — corneal reflex. If there.is any question set the animal aside and - waitfor signs of rigor mortis_ All dead animals are:cremated or bagged and put in- freezer.