Item 7DAGREEMENT FOR PROFESSIONAL SERVICES
ANIMAL CONTROL SUPERVISION AND
SHELTER SERVICES
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule
municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly
authorized City Manager (hereinafter referred to as "City"), and Ruffner and Ruffner P.C., d/b/a Golden
Triangle Animal Hospital, located at 425 West Southlake Boulevard, Southlake Texas, acting by and through
its duly authorized representative, Steve Ruffner, Doctor of Veterinary Medicine, (hereinafter referred to as
Golden Triangle).
WHEREAS, the City of Southlake has hired a Field Services Officer whose primary duty is Animal
Control Officer for the City, and
WHEREAS, the Field Services Officer is trained in the basics of Animal Control operations, but not
in the provision of certain medically related activities related to Animal Control operations, and,
WHEREAS, the City has no Animal Shelter for the detention of animals,
WHEREAS, the City and Golden Triangle desire to enter into an Agreement whereby Golden
Triangle will provide Animal Shelter services for the City of Southlake and medical supervision of the
Animal Control program and provide temporary housing for animals prior to their release to an owner or
adoption.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City and Golden Triangle do hereby
covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
Golden Triangle shall provide the following professional services:
Provide a facility at the Golden Triangle Animal Clinic or other facility approved by the
City for the temporary housing of impounded animals. Golden Triangle shall maintain
space for a minimum of five (5) impounded animals at any one time. Golden Triangle
shall operate such facility in accordance with all requirements and laws of the State of
Texas.
2. Coordinate adoption services with available surrounding adoption services in order to
adopt out as many unclaimed animals as possible.
Provide medical supervision and necessary training of the Field Services Officer in a
manner consistent with the laws of the State of Texas.
4. Provide for and maintain documentation regarding the release of impounded animals
from the facility when owners have been identified, release approved by the City's
Department of Public Safety, medical requirements met, and all fees paid.
5. Provide for the acquisition of necessary controlled substances and supervision of use for
the field euthanasia of animals when required by law.
6. Be available during normal business hours to provide supervision and instruction to the
Field Services Officer acting as Animal Control Officer.
SECTION 2
VETERINARY OPERATIONS
Golden Triangle shall operate and provide the services described in Section 1 in
accordance with their own rules, regulations and in compliance with all local, State, and
Federal laws.
2. The City shall have the right to review the books and records kept incident to the services
provided by Golden Triangle to the City and the right to inspect all animal control
equipment, supplies and facilities as required to accomplish Golden Triangle's
responsibilities under the law.
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Golden Triangle and the City will jointly develop operational policies and procedures that
are mutually agreeable for the operation of this Agreement.
SECTION 3
PAYMENT FOR SERVICES
City agrees to pay to Golden Triangle the sum of $400.00 per month in payment for services
described in Section 1 hereinabove, and also agrees to reimburse Golden Triangle for the cost of
drugs, materials, and related supplies. Golden Triangle agrees to invoice the City for all such
charges, intemizing all expenses to be reimbursed in sufficient detail to permit the City to audit
reimbursement payments in accordance with City finance policies. The City shall pay such
invoice within twenty days of receipt, except for any portion of such invoice which is disputed.
Payment of any disputed amounts may be withheld until such dispute is resolved in accordance
with the terms of this agreement.
Payment for impound fees and services for animals released to their owners are the responsibility
of the owner of the animal. Golden Triangle agrees that the City shall not be responsible for any
charges for impound fees and services for any animal Golden Triangle releases to the owner,
regardless of any dispute with the owner regarding such fees or Golden Triangle's failure or
inability to collect such fees from the owner. Payment for impound fees and services for animals
who are not claimed and are adopted from Golden Triangle are the responsibility of the adopting
party. City agrees to pay Golden Triangle for all fees and services for animals that are not
reclaimed by an owner and are subsequently transferred to an adoption agency or euthanized due
to health reasons, provided, however, that the maximum period the City will be liable for
boarding such animals is seven days, provided, however, that this provision shall not be
construed as limiting Golden Triangle's authority or ability to board any animal for a longer
term. If an animal is not claimed within seven calendar days from impound, Golden Triangle is
authorized to place the animal with a local adoption agency.
Fees for impound and related services are outlined in attachment A, and may be amended by
agreement between Golden Triangle and the Director of the Department of Public Safety.
Golden Triangle agrees to charge no more for impounding animals and other services referenced
in Schedule A, attached hereto, regardless of whether the City or a third party is liable for such
charges under this agreement. For any services for which no fee is established in the City's fee
schedule, Golden Triangle agrees to charge no more than is commercially reasonable and then
prevailing charges for such services in the community.
SECTION 4
TERM OF AGREEMENT
The term of this Agreement shall be for a period of one (1) year beginning August 1, 2005 and
ending July 31, 2006. It shall thereafter automatically renew annually for additional one year
terms unless either party shall request termination at least 90 days in advance of the end of the
period, in writing, and forwarded to the other party at the below address. Regardless of the other
terms of this agreement, either the City or Golden Triangle may cancel this agreement by giving
the other party ninety (90) days written notice of the cancellation at the address listed in the
Preamble hereof. If this agreement is terminated prior to the end of the Agreement year, Golden
Triangle will be entitled to payment of costs and services up to the date of cancellation.
SECTION 5
INSURANCE AND INDEMNIFICATION
City shall, to the extent permitted by law, indemnify, defend, and hold harmless Golden Triangle
for, from and against all liabilities, claims, costs, damages or personal injuries to persons ,
damages to property, suits, judgments and expenses, directly or indirectly arising out of, caused
by, or resulting from any act, omission, negligence, or willful misconduct of the city or it's
employees relating to the performance of this agreement, and Golden Triangle shall, to the extent
permitted by law, indemnify, defend, and hold harmless the City, its officers and employees for,
from and against all liabilities, claims, costs, damages or personal injuries to persons , damages
to property, suits, judgments and expenses, directly or indirectly arising out of, caused by, or
resulting from any act, omission, negligence, or willful misconduct of Golden Triangle or any of
his employees relating to the performance of this agreement. In the event of damages arising
from the joint negligence of the parties, the parties agree that the responsibility shall be
apportioned in accordance with the laws of the State of Texas. This provision is not intended to
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waive any immunity to which the City is entitled under the law, and both parties agree that this
provision is for the benefit of the parties hereto.
IN WITNESS WHEREOF the City and Golden Triangle have executed this Agreement
as of this day of , 2005.
Approved as to legal form
and content:
ATTACHMENT A
FEESCHEDULE
Shana Yelverton, City Manager
Dr. Steve Ruffner, DVM,
Ruffner and Ruffner P.C., d/b/a
Golden Triangle Animal Hospital
Impound fee (applies to any animal impounded in the facility) $15.00
Daily Boarding Fee (beginning 2nd day) $15.00
Euthanasia of Animal for medical reasons $35.00
Submission of animals for rabies testing $80.00