HomeMy WebLinkAboutContract 18739 CITY SECRETARY
CONT.RAM K .
CONTRACT FOR ANIMAL CONTROL
KENNELING SERVICES
This Agreement is made and entered into this day of
September, 1991, by and between the City of Fort Worth, acting
herein by and through Libby Watson, its duly authorized Assistant
City Manager, hereinafter referred to as "City", and the Humane
Society of North Texas , Inc. acting herein by and through Art
Brender, its duly authorized President, hereinafter, referred to as
"Society" .
I .
Services
Society hereby agrees to provide kenneling services to City,
as more fully described herein, in exchange for payment by City to
Society, such compensation being more fully described in Art. IV
hereof .
TI .
Duties of Society
Society shall perform the following services and duties in
compliance with this agreement:
A. Society shall accept each and every animal delivered to
its shelter located at 1840 E. Lancaster, Fort Worth, Tarrant
County, Texas, (hereinafter referred to as "Facility") by employees
of City and to provide each and every such animal with shelter,
food, water, and all other humane treatment of the same kind and
quality that Society provides for all other animals coming into its
custody and control , except as may hereinafter be stipulated.
B. Society shall further accept the delivery of such animals
on a 24 hour, seven day a week basis . Calls received from City
employees before 8 :00 a.m. and after 5 :00 p.m. will result in
Society personnel being at the Facility within 30 minutes after
being notified. Society shall provide the names and telephone
numbers of its personnel to be notified in response to an after-
or before-hours delivery of an animal .
C. Society shall operate its Facility as an approved k
and quarantine facility in compliance with state 1 ,
ordinances, and any and all rules and regulations � �,T as �
Department of Health. Ittv�`�AO
D. Society shall operate the Facility in such a aer t
permits access by the public for a period of not les h
consecutive hours per day, Monday through Saturday, b t " the
hours of 7 :00 a.m. and 7 : 00 p.m. for the purpose of ermitting
owners ample opportunity to redeem their impounded animals .
E. Society shall house all live animals brought to the
Facility by City personnel for a period of three days, exclusive
of the day that the animal is delivered to the Facility ("holding
period") . Any animal not claimed and redeemed by the owner prior
to the expiration of the holding period shall become the sole and
exclusive property of the Society.
F. Prior to the expiration of the holding period, Society
shall not destroy any animal unless written approval by the City's
Director of Public Health is received by Society or Society's
veterinarian recommends and approves such action. Society shall
maintain records of all animals destroyed prior to the expiration
of the holding period and shall provide monthly reports to the
City.
G. Society shall provide humane euthanasia in accordance
with State law and shall maintain appropriate records. Society
shall lawfully dispose of dead animals euthanized by it . Disposal
by means other than in landfills or by incineration must be
approved in writing by the City.
H. Prior to the redemption by an owner of an impounded
animal , Society shall :
(1) provide for rabies vaccinations for all dogs and
cats at the time of redemption, if applicable, in accordance with
state and local law; and
(2) require owners residing within the corporate limits
of City to purchase a City registration tag.
I . With respect to animals delivered to the facility by the
City, Society shall :
(1) Use the Daily Activity and Animal Pick-Up Report
form provided by the City to verify delivery and receipt of
animals;
(2) Use sequentially numbered control collars provided
by the City to be used to keep track of such animals. The control
numbers will be reflected on the monthly invoices to be submitted
hereunder. Control collars will not be issued to nursing animals .
(3) Provide all animals with daily food containing a
minimum nutritional value as recommended by the National Research
Council , clean fresh water as needed and maintain the cages in a
sanitary manner.
(4) Charge fees in accordance with the fee schedule
attached hereto as Exhibit "A" , which is made a part hereof for all
purposes . Society acknowledges that the fee schedule is s bi
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to the control of the City Council of City and subject to amendment
at any time during the existence of this agreement.
(5) With respect to any and all fees collected pursuant
to this agreement, provide a monthly written report detailing the
collection of said fees, such report to be kept in accordance with
generally accepted accounting practices.
J. Society shall provide animal cages made of durable
construction and materials . Dog cages shall be at least four (4)
feet in height and cat cages shall be at least eighteen (18) inches
in height .
K. Society shall not place more than two dogs or two cats
in one cage, and then only if such animals are compatible;
provided; however, that this paragraph shall not apply to a nursing
mother and litter.
L. Society shall provide licensed veterinarian services to
oversee the operation of the Facility. At a minimum, a
veterinarian licensed to practice in the State of Texas will be
located at the Facility fifteen (15) hours per week.
M. Society shall grant access to City and State officials
without prior notice to conduct inspections of any and all areas
located in or at the Facility. Society shall at all times maintain
compliance with all applicable local , state, and federal laws,
regulations and ordinances pertaining to the kenneling,
quarantining of animals and disposing of dead animals.
N. Society shall provide adequate phone lines and sufficient
staff to operate the Facility during normal business hours . In
addition, Society shall provide an after-hours telephone service
message so as to advise owners of operating hours for purposes of
redeeming animals.
O. Society shall provide an area suitable for City employees
to wash-out and disinfect transport carriers and related equipment
as well as an area for storage of cleaning chemicals to accomplish
this objective.
P. Society shall make office space available for City
employees to perform paperwork and shall also make rest room
facilities available. In addition, Society shall make space
available within the Facility for the preparation of animal heads
for shipment, such area to contain at least a refrigerator, drain,
sink with hot and cold running water, storage space for materials
and adequate space for a City-owned stainless steel table and is
machine.
Alr'r
R. Society shall make attempts to contact the.
animals delivered to the Facility by City, when the ow A-A
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ascertained Society shall maintain a telephone log for the purpose
of documenting such attempts to contact the owners .
S. Society shall provide adequate trained personnel to staff
the Facility and shall maintain the area of the Facility to which
the public has access in a clean and orderly manner.
T. Society shall provide an automated system acceptable to
City to track all animals delivered by City.
U. Society, at its sole cost and expense, shall construct
an all-weather access to the Facility and shall construct a
structure into which City vehicles may enter in order to unload
animals. Such structure shall have doors which may be shut in
order to prevent animals from escaping.
V. Society shall , upon arrival of City employees delivering
animals to the Facility, be responsible for providing assistance
within five minutes of such arrival for unloading the animals from
the City transport vehicles .
Schedule of City Fees
3 .01 . Society agrees to collect on behalf of the City, any
and all fees to be collected under this agreement and/or existing
City ordinances and amendments thereto, including administrative
fee schedules. Without the prior consent of City Society shall not
waive collection of any fee, nor shall it reduce any fee. In the
event of any waiver or reduction of any fee without such prior
approval , City shall be entitled to full payment or credit as if
no waiver or reduction had been made. City shall be responsible
for documenting such approval and shall provide a copy of such
documentation to Society as soon as may be practicable. If the
documentation is not recorded by the City, no such waiver or
authorization shall be deemed to have occurred. Such fees shall
be credited to sums owed to Society by City in accordance with
Article IV hereof . in addition, Society shall be entitled to
retain for its own use a five (5) percent service fee limited
solely to fees collected for impoundment and boarding. The
schedule of fees in effect at the time of the execution of this
agreement is attached hereto as Exhibit "A". Society agrees that
said schedule is subject to revision by the City Council of the
City, and such revised fees shall become effective as of the date
as determined by said Council .
3.02 In the event any animal delivered to Society by City
becomes the property of Society as provided for herein and such
animal is then adopted by the immediate prior owner, ski 11
pay or credit to City such fines and/or fees which
collected by Society if the immediate prior owner i
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animal prior to it becoming the property of Society. In this
regard, Society agrees to permit access by City to any and all
records maintained by the Society.
3 .03. Society may accept checks for payment of any fees to
be collected hereunder. In the event such checks are not paid
by the bank upon which the check was drawn, Society shall use all
reasonable efforts to collect same, including but not limited to
the delivery of such checks to the District Attorney for Tarrant
County, Texas for collection. The City shall be paid or credited
for the amount of such checks only after same have been collected.
Society shall be responsible for service fees and/or handling
charges assessed by Society's bank.
IV.
Compensation and Payments
4.01. City agrees to pay to Society three dollars ($3.00) per
day per non-quarantined animal , up to a maximum of three (3) days,
exclusive of the date of delivery by City.
4.02. For nonowned animals quarantined for rabies or other
such observation at the insistence of the City, City agrees to pay
Society three dollars ($3 .00) per day per quarantined animal for
each day that the City requires the animal to be quarantined.
4.03. For owned quarantined animals, Society shall retain the
fee of ten dollars ' ($10 . 00) per day per quarantined animal , up to
a maximum of ten days, exclusive of the date of delivery by City.
Such fee will be collected by the Society from the owner of the
animal . In the event the animal is not redeemed by the Owner, City
agrees to pay Society in accordance with §4.02 hereof , up to a
maximum 10 days.
4.04. Animals picked up by City for delivery to Society at
the request of an owner will become the property of Society upon
delivery. Society may euthanize such animal upon delivery. No
daily charge shalll be made to City; however, City shall pay to
Society three ($3.00) dollars per animal euthanized. Written
documentation shall be provided by City prior to euthanization.
4.05 . There shall be no payment due Society for nursing
animals delivered to Society.
4.06. Society shall invoice City on or about the 10th day
of each month for amounts owed to Society, such invoice to be due
and payable within thirty (30) days after delivery. Each invoice
will reflect the following:
a. collar identification number;
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b. the date of delivery and, if applicable, the date
the animal was reclaimed;
C. the date the animal was euthanized, if applicable;
d. the sums of money collected by the Society from
owners reclaiming their animals;
e. all other sums of money collected pursuant to this
agreement;
f. the balance, if any, due the Society.
V.
Right to Audit
5.01. It is agreed that Society shall maintain and make
available for inspection, audit, and/or reproduction by any
authorized representative of the City, books , documents, and other
evidence pertinent to the cost and expenses of Society as it
relates, in the sole opinion of the City, to this agreement, as
well as adoption records of animals delivered to Society by the
City, including, but not limited to, such records that reflect all
cost: direct and indirect costs of labor, material , equipment ,
supplies, and services, and all other costs and expenses of
whatever nature.
5.02. Society shall maintain for a period of three years
records of all animals delivered by City which are returned to
owners by classification of animal , which reasonably identifies the
first , second and third offense status of animals before such
animal is returned to the owner and the purpose of collecting the
impoundment fees established by City.
5.03. All required records shall be maintained until an
audit is completed and all questions arising therefrom are
resolved, or three (3) years after expiration or earlier
termination of this agreement; provided, however, that records will
be retained beyond the third year if an audit is in progress and/or
findings of an audit have not been resolved to the satisfaction of
the City.
5.04 Society may destroy any and all records required to be
kept under this agreement upon written consent of City. Such
records may be kept in computer disk tape or such other format as
may be acceptable to the City.
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V1 .
Term
6.01 . The initial term of this agreement shall be for a
period of three (3) years from the date of execution of this
agreement, unless earlier terminated as herein provided.
6.02 . City reserves the right, at its sole option, to renew
this agreement at the end of the initial term for a period of two
(2) years . City shall give written notice to Society at least 60
days prior to the expiration of the initial term of this agreement
in the event it desires to exercise such option.
6.03 . City may terminate this agreement at any time with or
without cause by giving thirty (30) days written notice of its
intention to terminate. After the date of the written notice, no
increase of any costs shall accrue to City.
6.04. Society may terminate this agreement at any time with
or without cause by giving written notice of its intention to
terminate. Said notice shall contain a date specific, such date
to not be less than one year from the date of notice, upon which
this contract shall terminate. After the date of the written
notice, no increase of any costs shall accrue to City.
Vii .
Independent Contractor
7 .01. It is understood and agreed by the parties hereto that
Society shall perform all work and services hereunder as an
independent contractor, and not as an officer, agent, servant or
employee of the City. Society shall have exclusive control of and
the exclusive right to control the details of all the work and
services performed hereunder, and all persons performing same, and
shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors, subcontractors,
licensees and invitees. The doctrine of respondeat superior shall
not apply as between City and Society, its officers , agents,
employees, contractors and subcontractors, and nothing herein shall
be construed as creating a partnership or joint enterprise between
City and Society.
Viii .
Indemnification
8 .01 . Society covenants and agrees to, and does hereby
indemnify, hold harmless and defend City, its officers, agents and
employees , from and against any and all claims, losses a r'T �N";
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causes of action, suits, and liabilities of every i c
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all expenses of litigation, court costs and attorney fees,
including appellate review, for injury to or death of any person
or animal , or for damage to any property, arising out of or in
connection with the work to be provided and/or performed by Society
under this agreement, whether or not such injuries, deaths, damages
are caused by City's sole negligence or the joint negligence of
Society and City. The indemnity provided for herein is indemnity
by Society to indemnify City from consequences of the City's own
negligence, whether that negligence is the sole or a concurring
cause of the injury, death or damage. The parties hereto
acknowledge and agree that the indemnification provided for herein
is limited to acts of omission or commission which occur on or at
the Facility.
IX.
Insurance and Bond
9.01. Society shall provide and have in effect during the
initial term hereof, together with any renewal or extension,
Contract Worker's Compensation and Commercial General Liability
Insurance in at least the amount of $500,000 per occurrence with
no exclusion by endorsements . Society shall also have in effect
Crime and Employee Fidelity Insurance in at least the amount of
$2 ,000 each. City reserves the right to require Society to
increase the amount of any insurance required herein.
9.02 . Society agrees to annually furnish to City, on the
first day of each contract year, performance security in the form
of a performance bond, letter of credit, certificate of deposit,
cash deposit in the amount of $50,000 .00 . In the event a
certificate of deposit is assigned to City, interest paid on such
certificate shall be the property of Society, and may be paid as
directed by Society. Such performance security must be in a form
acceptable to the City. Provided, however, that the City Manager
may, in his discretion, determine that the annual performance
security required by this Section will not be required for a
particular contract year, so long as (1) Society has fully
performed in a manner satisfactory to City all of its obligations
under the Contract and is not in default of any term, condition or
obligation of the Contract, and (2) the City Manager reasonably
determines, after review of the financial records of the Society,
that such performance security is no longer necessary.
X.
Increase in Compensation
10 .01. After the first year of operation, City shall review
Society's actual cost of operation and revenues received. Based
on such review, City may require Society to renegotiate.,tffe'--�'.
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provisions contained herein pertaining to the cost to
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negotiations are unsuccessful , City reserves the right to terminate
this agreement .
10.02 . After the first year of operation, Society may request
an increase in its charges to City for the contracted services,
furnishing documentation of escalation of costs; provided, however,
Society shall notify City in writing at least 120 days prior to
such request to increase. Such increase shall be subject to the
approval of the City Council of City. In the event such approval
is not given, such refusal shall not constitute a breach of this
agreement .
10.03 . Any increase in charges shall be limited to either
the actual increase in cost of services or 800 of the Consumer
Price Index for that year; provided, however, that any such
increase is subject to the prior approval of the City Council of
the City. In the event such approval is not given, such refusal
shall not constitue a breach of this agreement .
XI .
Miscellaneous
11.01 . This agreement shall be construed according to the law
of the State of Texas and venue shall lie exclusively in Tarrant
County, Texas .
11.02. All services to be performed and/or provided by
Society shall be performed and provided at Society's Facility
located at 1840 East Lancaster, Fort Worth, Tarrant County, Texas,
or at such other facility as may be approved in writing by City.
11.03. Society agrees that all funds received by it related
to this agreement shall never be used for political purposes.
11.04. All improvements required to be constructed by Society
hereunder shall be completed within 120 days from the date of
execution hereof.
11.04.1 City recognizes that Society has expended the sum of
$31,700 to construct the improvement referred to in Article II ,
paragraph u. If this agreement is terminated without cause by the
City during the initial term hereof, the City shall , within 60 days
of giving it notice of intention to terminate, pay Society the
remaining value in said improvement . The remaining value shall be
determined by multiplying the above stated dollar amount by a
fraction, the numerator of which is the number of months remaining
under the initial term and the denominator of which is 36.
11.05 Society acknowledges its commitment to meet or m
"good faith" effort to meet City's goals for Disadvantaged B
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Enterprises (DBE) participation in City contracts. DBE participa-
tion was part of the evaluation criteria used in the award of this
agreement; therefore, failure to comply may result in termination
of this agreement and/or being barred from doing business with the
City for at least six months . Society agrees to provide such
documentation of DBE participation as may be requested by City.
ATTEST: CITWOFFO T WORTH
By:City Secretary W son
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:` /
v
Assis City Attorney
Date:
Humane Society of North
l Aj C( q Texas, C.
Contract Author]z/ation
.
Date By° 9
'ArC Bre er
President
�. WORTH,
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EXHIBIT "A10
FEE SCHEDULE
I . License Fee:
A. At Animal Control 10.00
B. At Veterinary Clinic 5 .00
C. Duplicate 3.00
II . Impoundment Fees :
A. Owners 1st occurrence 65.00
B. VI 2nd it 85.00
C. it 3rd " 105.00
D. t° 4th " 150 .00
Proper documentation will result in the following
discounts :
A. Rabies vaccination 10 .00
B. License 10 .00
C. Spay/Neuter 25.00
III . Animals involved in a bite will be assessed the following
in addition to the above impoundment fees :
A. Animals 1st bite 20 .00
B. IV 2nd °' 40.00
C. IV 3rd °' 60 .00
IV. Daily Board Fee:
A. Kennel (small animal , dog, cat) 5.00
B. Kennel (other than above) 10 .00
C. Quarantine animals 10 .00
V. Other Impoundment Fee:
A. Rabbits, non-prohibited reptiles
or foul 15.00
B. Livestock 100 .00
C. Prohibited Animals 200 .00
VI . Head preparation and shipment
(non-exposure, out of city) 28.00
VII . Dead animal pick-up fee (per animal ) 10 .00
VIII . Application fee (Veterinarians only) 25.00
11 n-01
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DATE` 1 REFERENCE NUMBER LOG NAME PA E
09/17/91 !!C-13059 50ANIMAL 1 of 1
SUBJECT I CONTRACT FOR ANIMAL CONTROL KENNELING SERVICES
RECOMMENDATION:
It is recommended that the City Council :
1. Authorize the City Manager to execute the attached contract for Animal Control
Kenneling services with the Humane Society of North Texas for three consecutive
years (36 months) ,beginning October 1, 1991, and
2. Reserve the option to renew the contract at the end of the third year for an
additional two years (24 months) .
DISCUSSION:
On June, 25, 1991, City Council approved M&C C-12926, authorizing the City Manager to
negotiate a contract with the Humane Society of North Texas for kenneling, euthanasia,
and disposal of animals.
Contract negotiations, as recommended by City Council , addressed specific deficiencies
noted in the original proposal by the Purchasing Department. All deficiencies noted
have been resolved.
Disposal of dead animals other than those euthanized by the Society will not be a part
of the contract. City Services will assume this responsibility.
This Property is located in DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds required for this contract are
included in the City Manager's recommended FY 91-92 operating budget of the General
Fund.
LW:z
Submitted for City Manager's FUND ACCOUNT CENTER I MOUNT AQjaAWTARY
Office by: to CiTY CaUi�Citw
Libby Watson 6140
Originating Department Head:
SEA 1-7
Dr. Nick Curry 7201 (from)
GGOl 539120 0504001 $114,164.0 , i /, ,{�
For Additional Information
Contact:
M7 S eze1'd
Dr. Nick Curry 7201 city CK Ee� vor.",'
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