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HomeMy WebLinkAbout07-23-09-2L - Resolution - 07/23/2009RESOLUTION NO. 07- 23 -09 -2L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AND AUTHORIZING BRAZOS ANIMAL SHELTER, INC. TO ACT AS THE LOCAL RABIES CONTROL AUTHORITY AND OFFICER. WHEREAS, the City of College Station operates a Rabies Control Program in conjunction with the Brazos Animal Shelter; and WHEREAS, the Brazos Animal Shelter (hereinafter referred to as the "Shelter ") operates an animal shelter that strives to reduce animal control problems in the Brazos County, including rabies control; and WHEREAS, the City wishes to contract with the Shelter its duties and authorization under Chapter 826 of the Health and Safety Code, the Rabies Control Act of 1981, as amended, by designating the Shelter the local Rabies Control Authority for the City with associated duties; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1 That the facts and recitations set forth in the preamble of this resolution are hereby declared true and correct. PART 2: That the City Council hereby approves the designation of the Shelter as the Rabies Control Officer and to act as the Local Rabies Control Authority for the City of College Station, along with associated duties, and said agreement is attached hereto as Exhibit "A ". PART 3: That this resolution shall take effect immediately from and after its passage by the City Council. ADOPTED this 23rd day of July , A.D. 2009. ATTEST: APPROVED: City Secretary" Mayor APP OVED: City Attorney Resolution No. 07- 23 -09 -2L Exhibit "A" RABIES CONTROL ACT AGREEMENT BETWEEN CITY OF COLLEGE STATION AND BRAZOS ANIMAL SHELTER, INC. THIS AGREEMENT is made between the CITY OF COLLEGE STATION, a home rule municipal corporation, incorporated under the State of Texas (hereinafter referred to as the "City "), and the BRAZOS ANIMAL SHELTER, INC., a Texas Non -Profit Corporation (hereinafter referred to as the "Shelter "): WHEREAS, College Station, Texas, is a home -rule City duly organized and functioning in accordance with the laws of the State of Texas; and WHEREAS, the Shelter operates an animal shelter that strives to reduce animal control problems, including rabies control, in the Brazos County; and WHEREAS, the City operates a rabies control program utilizing people and equipment that also work with the Shelter; and WHEREAS, Chapter 826 of the Health and Safety Code, known as the Rabies Control Act of 1981 (hereinafter referred to as the "Act "), expressly authorizes a governing body of a municipality to contract with public or private entities to carry out activities required or authorized under said chapter; and WHEREAS, the City wishes to contract with the Shelter its duties and authorization under the Act and designate the Shelter the Local Rabies Control Authority and Officer and assume duties relating thereto; NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual covenants and promises contained herein, City and Shelter agree and contract as follows: ARTICLE I DEFINITIONS 1.1 "City" shall mean the City of College Station, Texas. 1.2 "Local Rabies Control Authority" shall mean the Officer designated by the City to act as the local rabies control authority as set forth pursuant to the Act. 1.3 "Rabies Control Services" shall mean the services provided by the Shelter in accordance with this Agreement which are necessary to effectively carry out and enforce a rabies control program for the City as set forth pursuant to the Act. 1.4 "Shelter" shall mean the facility known as the Brazos Animal Shelter, at 2207 Finfeather Road in Bryan, Brazos County, Texas. Resolution No. 07- 23 -09 -2L ARTICLE II DESIGNATION OF RABIES CONTROL 2.1 The City designates the Shelter as the Rabies Control Officer and to act as the Local Rabies Control Authority as authorized under the Act and to perform any and all duties for the City as required or allowed pursuant to such Act for local rabies control services. 2.2 The Shelter agrees to perform as the Rabies Control Officer and to act as the Local Rabies Control Authority as authorized by the City and as authorized pursuant to the Act. The authority and designation extends within incorporated boundaries of the City and as set forth in this Agreement. ARTICLE III TERM AND TERMINATION 3.1 This Agreement shall be effective for a period of one (1) year from the date of approval and shall be automatically renewed unless terminated pursuant to approval by this Agreement. 3.2 This Agreement may be terminated by either party, with or without cause, by giving the other party sixty (60) days advance written notice. ARTICLE IV EXPRESS PROVISIONS 4.1 The City will not provide any equipment or assets to the Shelter and understands the Shelter's equipment and assets are property of the Shelter. 4.2 Shelter shall contract and purchase from its own budget all supplies, equipment, materials and services, including professional services, necessary to provide Rabies Control Services for City as set forth in this Agreement. 4.3 Shelter shall, in addition to its other duties, be responsible for the hiring and training of all its employees and the contracting of services or supplies associated with the provision of Rabies Control Services for City. 4.4 No employee, trustee, or manager of the Shelter shall at any time be considered a City employee. 4.5 Shelter shall submit a comprehensive annual report of all Rabies Control Services performed for the City within thirty (30) days of the close of each fiscal year. Shelter shall provide to City, upon request, a copy of any other report which it may be required to prepare and submit to any federal, state or local jurisdiction in performing its Rabies Control Services for the City. ARTICLE V INDEMNIFICATION AND RELEASE 5.1 Shelter agrees to indemnify and hold harmless the City, its officers, agents, and employees from and against any and all loss, costs, or damage of any kind, nature, or description that may arise out of or in connection with this Agreement whether or not the Brazos Animal Shelter Agreement for Rabies Control 2 Resolution No. 07- 23 -09 -2L claim or cause of action results from any negligence of the City or any of its officers, agents, or employees. 5.2 Shelter assumes full responsibility for the work to be performed and services to be provided hereunder, and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from any and all claims, demands, causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death of, any person (whether employees or agents of either of the parties hereto or third persons) and any loss of or damage to property (whether the property is that of either of the parties hereto or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Shelter's work or services provided hereunder whether or not said claims, demands, or causes of actions are covered in whole or part by insurance. 5.3 Shelter shall at all times relevant to the fulfillment of this Agreement have, keep, and maintain insurance protecting itself, with City as an additional insured, See Exhibit A for required limits of insurance. Certificates of insurance are attached as Exhibit B. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of City and Shelter and their respective successors and assigns. 6.2 Shelter certifies that it will not limit services or give preference to any person assisted through this Agreement on the basis of religion and that it will provide no religious instruction or counseling, conduct no religious worship or services, and engage in no religious proselytizing in the provision of services or the use of facilities or furnishings assisted in any way under this Agreement. 6.3 This Agreement has been made under and shall be governed by the laws of the State of Texas. 6.4 Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 6.5 Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. 6.6 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, any part hereof, or the right of either party 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. 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. Brazos Animal Shelter Agreement for Rabies Control 3 Resolution No. 07- 23 -09 -2L 6.7 The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 6.8 This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 6.9 It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 6.10 If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 6.11 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. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 6.12 This Agreement may be amended at any time, in writing, by mutual consent of both parties and subject to the approval of the City and Shelter. 6.13 Any notice sent under this Agreement (except as otherwise expressly required) shall be written and mailed, or sent by electronic or facsimile transmission confirmed by mailing written confirmation at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the receiving party at the following addresses: City: City of College Station 1101 Texas Avenue College Station, Texas 77840 Shelter: Brazos Animal Shelter 2207 Finfeather Road Bryan, Texas 77801 Each party may change its address by written notice in accordance with this section. Any communication addressed and mailed in accordance with this section shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by, the City or the Shelter, as the case may be. Brazos Animal Shelter Agreement for Rabies Control Resolution No. 07- 23 -09 -2L Executed this the day of , 2009. BRAZOS ANIMAL SHELTER, INC. CITY OF COLLEGE STATION By: By: _ Mayor Printed Name: Title: Date: ATTEST: City Secretary APPROVED: City Manager k e - � Cit Attorney Date Date Chief Financial Officer Date Brazos Animal Shelter Agreement for Rabies Control Resolution No. 07- 23 -09 -2L STATE OF TEXAS ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the day of 2009, VA in his/her capacity as of Brazos Animal Shelter, Inc. Notary Public in and for the State of Texas STATE OF TEXAS ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the day of 2009, by in his capacity as Mayor of the City of College Station, a Texas home -rule municipality, on behalf of said municipality. Notary Public in and for the State of Texas Brazos Animal Shelter Agreement for Rabies Control 6