Ord. 0584 12-18-89ORDINANCE NO. 584
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT, A
FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED
HEREIN FOR ALL PURPOSES DESIGNATED "A" BY AND BETWEEN
CABREDON ANIMAL DISPOSAL AND THE CITY OF PEARLAND,
TEXAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
SECTION 1. That the facsimile of contract, annexed hereto,
incorporated herein for all purposes, designated Exhibit "A," by and
between Cabredon Animal Disposal and the City of Pearland, Texas, for
the purpose of collection of small animal carcasses is hereby
authorized and approved.
SECTION 2. The City Council finds that such contract is
reasonable and necessary and that there are sufficient city funds for
the availability of payment.
SECTION 3. The Mayor and the City Secretary of the City of
Pearland, Texas, are hereby authorized and directed to execute for and
on behalf of the City the annexed contract documents, and counterparts
thereof.
PASSED and APPROVED on ,first reading this
J,-„tjA /1/ - - , A. D., 19 d" y
ATTEST:
City Secetary
Mayor
day of
1
PASSED and APPROVED on second and final reading this
day of-y'``""1 ___:._., A. D., 19-J'9.. .
ATTEST:
City cretary
APPROVED AS TO FORM:
City Attorney
Mayor
2
EXHIBIT"A"
AGREEMENT
This Agreement is entered into effective
Cabredon
Animal Disposal as Contractor, and CITY OF PEARLAND, TEXAS as
I• RECITALS
between
Agency.
(a) contractor is an independent contractor engaged in the
business of collecting Small Animal Carcasses.
(b) Agency, or one or more of its authorized agencies, collects
Small Animal Carcasses.
II. DEFINITIONS
(a) "Small Animal Carcasses" means the whole bodies of dead
mammals not to exceed 225 pounds in weight per carcass,
including
but not limited to the bodies of cats, dogs, rabbits, squirrels,
coons, possums, and other similar small mammals.
(b) "Freezer Unit" means
Contractor to Agency, pursuant
Agreement, for the purpose of
Carcasses.
III. EXCLUSIVE RIGHT OF CONTRACTOR
Contractor and Agency hereby agree that Contractor shall
exclusive right to collect and dispose of all Small Animal
collected by Agency.
IV. OULIGATIONS OF AGENCY
Agency agrees that during the term of this Agreement
(a) Collect and store said Small Animal Carcasses at
Magnplia,.aRearlaud, Texas, the "Collection Location".
shall not allow any other individual or any other agency
rac-
an enclosed freezing box provided by
to the torins of Paragraph VI of this
storing and preserving Small Animal
have the
Carcasses
it shall:
3812 .:
The Agency
to utilize
the equipment or services of the Contractor as defined in this
Agreement without the written consent of the Contractor. In the
event of future expansion in,the areas serviced by said Agency, this
Agreement shall automatically terminate, and a new Agreement shall
be negotiated between Agency and Contractor, including said new
service area. Nothing contained herein shall require both parties to
enter into said new contract.
If at any time during the term of this Agreement Agency moves the
Collection Location to any other location, Agency shall notify
Contractor of such move at least thirty (30) days in advance of••eaid
move. Agency agreee.to refrain from moving or attempting to move the
Freezer Unit, .and.. ,;,weeo .: further to reimburse Contractor for all
costs, including'reeeonable labor coots, incurred in connection with
the movement'. of the Freezer Unit between Collection Locations.
(b) Remove all collars, chains, tags, or other objects affixed
or attached to said Small Animal Carcasses.
(c) Comply with all applicable laws and regulations regarding
collection, storage and handling of Small Animal Carcasses.
(d) Not place with said carcasses to be collected by Contractor
any live animal, or decomposed or maggot -infested carcasses.
(e) Paper bags or bio-degradable bags are preferred.
V. OBLIGArjous of CONTRACTOR
.Contrraetor: agreo$, ju)fl ; ctdabg 3he:; term of this Agreement, it shall t
(a) Remove or canoe to be removed all Small Animal Carcasses
from the Collection Location on the date or dates established between
Contractor and Agency as stated in the "ADDENDUM" attached hereto.
(b) Remove or cause to be removed within a reasonable time, all
Small Animal Carcasses, after Agency has notified Contractor that
there has occurred a malfunction of the Freezer Unit.
(c) .Comply with all applicable laws and regulations regarding
collection, storage, and handling of Small Animal Carcasses.
VI. PROVISION OF FREEZER UNIT - MAINTENANCE AND REPAIRS -
LIABILITY INSURANCEr,
Contractor agrees to provide to Agency a Freezer Unit that,
in the opinion of Contractor, after consultation with one or more
authorized agents of Agency, is sufficiently large to store and
maintain Small Animal Carcasses which Agency shall collect.
(b) Agency shall maintain the Freezer Unit in a clean and
sanitary condition.
(a)
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l(c) Contractor agrees to make or cause to be made all repairs
necessary on the Freezer Unit.
(d) Agency agrees that it shall not make or cause to be made
any repairs or modifications to .the Freezer Unit without the prior
approval of the,Contraotor. :
(e) Agency agree(' that while the Freezer Unit is in its posses-
sion, Agency shall take reasonable precautions to prevent access to
the Freezer Unit by individuals who are not agents or employees of
Agency.
(f) Contractor agrees to pay all costs for repair of the Freezer
Unit made necessary by ordinary wear and tear and by malfunction or
damage for which Agency is not .liable under Paragraph VI(g) of this
•
Agreement.
(g) Agency shall be liable for, and agrees to pay for all costs
including reasonable .labor costs, or repairs to the Freezer Unit
geceseitated by.''m&xfgnetion`Yor damage directly caused by acts or
Omissions, of all persons, other than agents or employees of
Contractor, while the Freezer Unit is in the possession of,Agency.
(h) Contractor shall procure and maintain in force and effect
during the term of this Contract, liability insurance that covers the
Freezer Unit, and that also 'covers all acts of contractor, either
intentional or unintentional, during the course of performance of
this Contract. The CITY OF PEA$LAND: shall be named as an additional
lose payee on said policy. The City Secretary of the City of Pear-
4nd, shall be furnished with a certificate showing that said insurance
-is in force and effect, and shall be given at least thirty (30) days
prior notice of cancellation of said insurance policy.
VII. PAYMENTS
Agency shall pay Contractor the sum of , 4100.00 per month during
the first year of the term of this Agreement ("Basic Monthly Sum").
The Basic Monthly Sum provided herein shall be adjusted annually if
necessary by mutual consent of contractor and Agency.
'PERM of AGREEMENT
of this Agreement shall be one year from the date hereof,
automatically renew for successive one year terms thereafter.
that either party may cancel this Agreement, with or without
any time, upon thirty (30) days prior written notice to the
other party at the address provided herein.
IX. ASSIGNMENT
This Agreement shall be binding upon and
Contractor and Agency) neither Agency nor
VIII.
The term
and shall
Provided,
cause, at
inure to the benefit of
Contractor may transfer its
rights under this Agreement without the prior written consent of the
other party hereto.
X. ADDITIONAL OR EMERGENCY SERVICE
Should Agency request additional or'emergency service to be
and supersedes all prior agreements, representations, and
commitments of any kind, whether oral or written, with respect thereto.
No modifications
performed
by Contractor other than the service as stated herein, Agency shall
pay Contractor an additional amount as specified in the "ADDENDUM"
attached hereto.
XI. ENTIRE AGREEMENT
This Agreement constitutes the entire and exclusive agreement between
Contractor and Agency concerning the collection of Small Animal
Carcasses,
of this
made in writing and
the parties hereto.
XII. NOTICES
,Any notices required
Agreement
shall be effective unless it is
is signed by the authorized
to be
and Agency at the addresses
representatives of
given herein shall be given
set forth below.
said addresses, the party changing addresses
party in writing, by certified mail,
pletely setting forth' the new address
sent. Notices sent under this contract
in the mail postage pre -paid to the
to Contractor
If there is a change in
shall notify the other
return receipt requested, com-
at which notices aro to be
shall be effective if placed
address as set forth herein.
•
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If for Contractor the address is:
Cabredon Animal Disposal
P.O. Box 62054
Houston, Texas 77205
If for Agency the address is:
City Of Pearland
3812 Magnolia
Pearland, Texas 77581
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date hereinabove first written.
CONTRACTOR:
Cabredon Animal Disposal
b
AGENCY:
ATTEST:
City Secretary
City of Pearla •, Texas
By <ZZ:71) flfl
Mayor
ADDENDUM
This addendum is agreed to be effective
Cabredon Animal Disposal as Contractor, and City of Pearland,
Texas, as Agency, and is part and parcel Of the "AGREEMENT"
between
between the parties hereto to which this Addendum is attached.
1. NAME, ADDRESS AND TELEPHONE NUMBER OF CONTRACTOR:
Cabredon Animal Disposal
P.O. Box 62054
Houston, Texas 77205
(713) 446-0549
11. NAME, ADDRESS AND TELEPHONE NUMBER OF AGENCY:
City of Pearland, Texas
3812 Magnolia
Pearland, Texas 77581
(713) 485-4350/4361
III. DATE OR DATES OF SERVICE BY CONTRACTOR TO AGENCY:
Last Thursday of each month
IV. SERVICE CHARGE TO BE PAID BY AGENCY TO CONTRACTOR:
.00 per month
V. ADDITIONAL AND EMERGENCY SERVICE CHARGES:
As needed basis
VI. SPECIAL AGREEMENT BY AGENCY:
The Agency will not
carcasses that have
hazardous chemicals
in hags that are to
stated.
•
under any circumstances place animal
been subjected to or treated with
, carcinogens, or radioactive substances
be collected by Contractor as herein
DATE ACCEPTED BY AGENCY
AGENCY City of
DATE ACCEPTED BY CONTRACTOR
CONTRACTOR Cabredon Animal Disposal
/.2-/I-I1
Pearlandi Texas
CERTIFICATION
THE STATE OF TEXAS
COUNTY OF BRAZORIA
X
X
I, Kay Krouse, City Secretary of the City of Pearland,
Texas, hereby certify that the attached is a full, true, and
correct copy of
ORDINANCE NO. 584
as the same appears of
record in my office in the City Hall at Pearland, Brazoria
County, Texas; that the same is kept and maintained in the
ordinary course of business; and that I am the lawful possessor
and custodian of said
ORDINANCE
WITNESS MY HAND AND SEAL of office at my office in Pearland,
Brazoria County, Texas, this the 20 day of DECEMBER
A.D., 19 89 .
(SEAL)
KAY KROUS
CITY SECRETARY
OFFICE OF THE CITY SECRETARY
CITY OF PEARLAND, TEXAS
TO: 'Renee Monceaux
Animal Control Officer
At the
City Council of the
referred to you for
indicated:
DATE: December 20, 1989
December 18, 1989 meeting of the
City of Pearland, Texas, the following matter was
appropriate disposal or for specific action as
Passage on second and final reading of Ordinance No. 584, Contract with
Cabredon Animal Disposal.
Documents attached:
Ord. No. 584
cc: Janet Eastburn. Finance Dept.
Suspense date(s):
Asst. City Secretary