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