HomeMy WebLinkAboutItem 09 - Animal Shelter ServicesITEM #9
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THE STATE OF TEXAS
COUNTY OF TARRANT
AGREEMENT FOR TEMPORARY ANIMAL SHELTER SERVICES
This Agreement for Temporary Animal Shelter Services (“Agreement”) is made and entered into by
and between the City of Grapevine, Texas (“Grapevine”) and the City of Euless (“Euless”) (sometimes
individually referred to as “Party” or collectively referred to as “Parties”), acting by and through their
respective authorized officers.
WITNESSETH:
WHEARAS, Grapevine and Euless are authorized to provide animal shelter services pursuant to
the Texas Health and Safety Code; and
WHEARAS, the City of Grapevine has agreed to provide animal shelter services during the
construction of the City of Euless’s Animal Shelter;
WHEARAS, the Parties seek to set forth in this Agreement their respective obligations,
responsibilities, and duties regarding certain animal shelter services;
NOW THEREFORE,
Article I
Definitions
Wherever used in this Agreement, the following terms shall have the meaning ascribed to them:
Grapevine Animal Shelter” shall mean the Grapevine Animal Shelter located at 500
Shady Brook Drive Grapevine, Texas 75051.
Euless Animal Shelter” shall mean the Euless Animal Shelter located at 1517 Westpark
Way Euless, Texas 76040.
Grapevine” shall mean the City of Grapevine, a Texas home rule municipal government.
Effective Date” shall mean the last date of execution hereof.
Euless” shall mean the City of Euless, a Texas home rule municipal government.
Force Majeure” shall mean any contingency or cause beyond the reasonable control of a
Party, as applicable, including, without limitations, acts of God or the public enemy, war,
riot, civil commotion, insurrection, adverse weather, government or de facto
governmental action or inaction (unless caused by negligence or omissions of such
Party), fires, explosions, floods, strikes, slowdowns or work stoppages, shortage of
materials or labor.
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Article II
Term
2.1 The Term of this Agreement shall be for a period of three hundred and sixty-five
365) days, commencing on the latter of the last date all Parties have executed this
Agreement (“Effective Date”), or the initiations of Euless Animal Shelter construction as
provided by Euless.
2.2 This Agreement will automatically renew, at the conclusion of the initial three
hundred and sixty-five (365) day period, for an additional three hundred and sixty-five
365) days, without intervention by either party. Automatic renewal of this agreement
assumes need of services exist and parties mutually agree to renew agreement.
Article III
Scope of Grapevine Services
3.1 Grapevine agrees to provide the following animal shelter services for Euless:
A. Grapevine Animal Shelter will accept stray and owner relinquished cats
from Euless, and such cats will be held and/or released, in accordance with
Chapter 6 of the Grapevine Code of Ordinances.
B. The personnel of Grapevine Animal Shelter will determine the disposition
of all impounded cats including performance of euthanasia of cats as
deemed necessary by Grapevine Animal Services.
C. Grapevine agrees to provide Euless a monthly report detailing the services
provided by Grapevine for Euless, including, but not limited to, number
and type of intake for each cat admitted from Euless and the number and
type of outcome for each cat admitted from Euless.
E. Provide such other services related, as may from time to time be requested
by the Euless Animal Services Foreman, provided that such services are
directly related to the housing of cats at the Grapevine Animal Shelter,
pursuant to this Agreement.
3.2 Grapevine will furnish equipment and supplies used to perform all services
provided by Grapevine as set forth in Section 3.1 herein.
Article IV
Euless Responsibilities
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4.1 Euless shall be solely responsible for transporting cats to the Grapevine Animal
Shelter.
4.2 Euless shall be responsible for any start-up fees to activate Management Software
under this Agreement.
4.3 Euless shall be responsible for veterinary service costs and food costs for cats
originating from Euless. In case of emergency animal care needs for any Euless cat in
the Grapevine Shelter, Grapevine Animal Services has the authority to make emergency
medical decisions and medical cost coverage will be determined between the Cities
afterwards.
Article V
Complaints
5.1 All complaints from Euless residents concerning animal services performed by
Grapevine shall be taken in writing by the Euless Director of Public Works and
Engineering, or designee, and shall be forwarded in writing, to the Grapevine City
Manager, or designee. All complaints will be investigated and Grapevine will forward a
written response to the Euless Director of Public Works and Engineering, or designee.
Article VI
Fees
6.1 Grapevine will collect, retain, and account for any and all fees that may be
collected related to Euless animals impounded or outcomed directly from the Euless
Animal Shelter, including but not limited to, impound fees, boarding fees, adoption fees,
euthanasia fees, disposal fees, and surrender fees.
Article VII
Termination
7.1 This Agreement may be terminated, in accordance without cause and for
convenience, by either Party by serving written notice of termination with thirty (30)
days’ notice prior to the anticipated date of termination.
Article VIII
Financial Obligations
8.1 The Parties agree that any cost or expenses incurred by either Party as a result of
this Agreement shall be paid for from current revenues available to the paying Party.
Article IX
Liability/Immunity
9.1 Nothing state herein shall be construed as a waiver of all the protections
afforded Grapevine as a sovereign governmental unit. To the extend afforded by
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Texas Tort Claims Act, Grapevine shall be responsible only for claims, demands,
judgements and the like attributable to the sole acts and omissions of its agents,
officers and/or employees. Grapevine assumes no liability or responsibility for the
acts and omissions of Euless, their employees, agents, officers or other working
through them in any capacity.
9.2 Nothing state herein shall be construed as a waiver of all the protections
offered Euless as a sovereign governmental unit. To the extent afforded by the
Texas Tort Claims Act, Euless shall be responsible only for claims, demands,
judgments and the like attributable to the soles acts and omissions of its agents,
officers and/or employees. Euless assumes no liability or responsibility for the acts
and omissions of Grapevine, their employees, agents, officers or other working
through them in any capacity.
9.3 It is expressly understood and agreed that, in the execution of this Agreement, no
Party waives, nor shall be deemed to have waived, any immunity of defense that would
otherwise be available to it against claims arising in the exercise of governmental powers
and functions. By entering into this Agreement, the Parties do not create any obligations,
express or implies, other than those set forth herein, and this Agreement shall no create
any rights in parties no signatories hereto.
Article X
Miscellaneous
10.1 Binding Agreement: Assignment. The terms and conditions of this Agreement
are binding upon the successors and assigns of all parties hereto. This Agreement may
not be assigned.
10.2 Relationship of Parties. It is not the intent of the Parties to create, nor shall this
Agreement be construed as creating, a partnership, association, joint venture or trust. No
Party shall be deemed to control, the other Party. Each Party shall be individually
responsible for its own covenants, obligations, and liabilities.
10.3 Notices. Any notice required or permitted to be delivered hereunder shall be
deemed received three days thereafter sent by United States Mail, postage prepaid,
certified mail, return receipt requested, addressed to the party at the address set forth
below or on the day actually received if sent by courier or otherwise hand delivered to the
following addresses:
If intended for Grapevine: With a copy to:
City of Grapevine Boyle & Lowry
Attn: City Manager 4201 Wingren Drive No. 108
200 South Main Street Irving, Texas 75061
Grapevine, Texas 75051
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If intended for Euless: With a copy to:
City of Euless Taylor Olson Adkins Sralla & Elam, LLP
Attn: City Manager Attn: Wayne Olson
201 North Ector Drive 6000 Western Pl II, Ste. 200
Euless, Texas 76039 Fort Worth, Texas 76107
10.4 Governing Law. This Agreement will be governed by the laws of the State of
Texas; and venue for any action concerning this Agreement will be in the State District
Court of Dallas or Tarrant County, Texas. The parties agree to submit to the personal and
subject matter jurisdiction of said court.
10.5 Legal Construction. In the event any one or more of the provisions contained in
this Agreement are for any reason held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability will not affect other provisions, and
it is the intention of the parties to this Agreement that in lieu of each provision that is
found to be illegal, invalid, or unenforceable, a provision be added to this Agreement
which is legal, valid, and enforceable and is as similar in terms as possible to the
provision found to be illegal, invalid, or unenforceable.
10.6 Recitals. The recitals to this Agreement are incorporated herein.
10.7 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall
constitute on and the same instrument.
10.8 Captions. The captions to the various clauses of this Agreement are for
informational purposes only and will not later the substance of the terms and conditions
of this Agreement.
10.9 Amendment. This Agreement may be amended by the mutual agreement of the
parties to it, in writing and attached to and incorporated in this agreement.
10.10 Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this
Agreement.
10.11 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the parties, as well as any rights and benefits of the parties, pertaining to a
period of time following the terminations of this Agreement shall survive termination.
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10.12 Contingent. This Agreement is expressly contingent upon formal approval by
the City Manager of the City of Euless, Texas and the City Manager of the City of
Grapevine, Texas.
10.13 Entire Agreement. This Agreement is the entire Agreement between the parties
with respect to the subject matter covered in this Agreement. There is no other collateral
oral or written agreement between the parties that in any manner relates to the subject
matter of this Agreement, except as provided in any Exhibits attached hereto.
EXECUTED on this ______day of ____________________, 2024.
City of Grapevine, Texas
By:________________________________
Bruno Rumbelow, City Manager
Attest:
Tara Brooks, City Secretary
Approved as to Form:
By:
City Attorney
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EXECUTED on this ______day of ____________________, 2024.
City of Euless, Texas
By:________________________________
Loretta Getchell, City Manager
Attest:
Kim Sutter, City Secretary
Approved as to Form:
By:
City Attorney
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