1. CITY OF ALAMO HEIGHTS
POLICE DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council
FROM: Rick Pruitt, Police Chief
SUBJECT: Discussion and possible action for a one (1) year extension to the existing
agreement between the City and Pup Pup & Away for canine sheltering
DATE: January 10, 2022
SUMMARY
The City of Alamo Heights staff is seeking approval for a second one-year extension to
the existing agreement designating the Pup Pup & Away as the shelter facility for
impounded canines.
BACKGROUND INFORMATION
The City of Alamo Heights entered into a new agreement with Pup Pup & Away for
canine sheltering services upon approval of the City Council at their regularly scheduled
meeting on April 13, 2020. This agreement expired on December 31, 2021.
Since entering into the current agreement with Pup Pup & Away the canines sheltered
there have received excellent care and attention by a competent and experienced staff.
Canines have frequent open space recreation in a controlled environment simultaneously
with other sheltered canines. During recreation time and one-on-one training, the canines
have quality interactions with the staff who provide enrichment experiences beyond that
of other programs costing more.
The ultimate goal of every canine rescue organization is to prepare their animals to enter
into their new homes with good manners and demeanor to associate with the human
residents and other pets in the home. Our experience with Pup Pup & Away leads us to
believe they are the best qualified and affordable program to provide canine sheltering
and other services needed to develop canines into adoptable family members.
If approved by the City Council, the City Manager will execute a one-year extension to
the current agreement with Pup Pup & Away as the City’s shelter facility for impounded
domestic animals.
2. POLICY ANALYSIS
The proposed action is consistent with the City’s efforts to safely hold stray domestic
animals until they can be reunited with their owners and unclaimed domestic animals will
be boarded in a safe and humane environment until they are adopted to new homes or
transferred to other rescue organizations.
FISCAL IMPACT
There will be no increase in the fees paid under the current agreement. The City will
continue to pay $20 per night per canine and remains responsible for all vetting of
boarded animals, as well as other services to ensure they remain healthy and adoptable.
All costs for boarding and vetting of animals are paid from the Police Department budget,
grants, donations and fundraising efforts.
COORDINATION
The City Attorney has reviewed the proposed sheltering agreement.
ATTACHMENTS
Attachment A — Agreement
____________________________
Rick Pruitt
Police Chief
____________________________
Buddy Kuhn
City Manager
3. Attachment A
Page 1 of 5
CANINE SHELTERING AGREEMENT
This Canine Sheltering Agreement is made by and between the City of Alamo Heights, a Texas Municipal
Corporation, (herein referred to as COAH) acting by and through its City Manager upon approval with the
City of Alamo Heights City Council passed and approved on the 10th day of January, 2022 and Pup Pup
& Away, LLC by and through its authorized representatives.
WITNESSETH:
WHEREAS, it is the desire of COAH and Pup Pup & Away, LLC to join in an Agreement for the welfare of
canines that have been lost, found, abandoned or injured requiring food, water, shelter, and medical
attention to the limits allowed by license, certification or law; and
WHEREAS, it is the agreement of both parties to reunite canines with their owners or to seek foster
and/or adoption opportunities in furtherance of placing qualified animals in good homes; and
WHEREAS, it is the agreement of both parties to provide for the best interest and welfare of a sheltered
canine until it is claimed by the rightful owner, placed in a foster home, adopted or otherwise disposed of;
and
WHEREAS, COAH and Pup Pup & Away, LLC in joining in this agreement agree that certain formal
operating procedures shall be followed for the sheltering, care, release and other dispositions of animals,
as well as the billing for services rendered by Pup Pup & Away, LLC and payment for those services by
COAH; and
WHEREAS, it is further the determination of each party that their decision to enter into a Canine
Sheltering Agreement may be terminated at any time as provided in this agreement; and
WHEREAS, it is the agreement of both parties that the provisions in this agreement shall be in
compliance with the City of Alamo Heights Code of Ordinances, Chapter 4 Animals;
NOW THEREFORE IN CONSIDERATION of the mutual covenants and agreements stated herein, the
parties agree as follows:
SECTION 1. TERMS & CONDITIONS: - The following parties representing the above entities and their
roles include:
a. Stephanie Garza, Owner and Representative of Pup, Pup & Away, LLC;
b. The COAH City Manager, authorized to execute this agreement;
c. The COAH Chief of Police and his designated representative(s); and
d. The COAH Animal Care Services (COAH ACS) Representative, part time COAH ACS
Representative, and authorized volunteers.
e. The term of this Agreement ends on December 31, 2022 unless terminated or extended by the
Parties for a new one (1) year Agreement as approved and signed by both Parties.
4. Attachment A
Page 2 of 5
f. Either party may choose to terminate the terms of said Agreement upon sixty (60) day written
notice to the other party.
g. No term or provision of this Agreement is intended to, or shall, create any rights in any person,
firm, corporation, or other entity not a party hereto, and no such person or entity shall have any cause of
action hereunder.
h. It is not intended by this Agreement to create, and nothing contained in this Agreement shall
create, any partnership, joint venture or similar arrangement among the parties hereto.
i. Suggestions for revisions, improvements or other Amendments shall be made, in writing, and
forwarded to the other party for review, comment and approval. Both parties shall agree to an annual
meeting at least six (6) months into the Agreement to propose changes or corrections to the Agreement.
j. No changes in the Agreement shall be approved absent review and approval in writing by both
parties.
SECTION 2: FEES AND PAYMENT
a. Pup Pup & Away, LLC shall charge COAH a rate of twenty-dollars ($20) per night, per canine.
This charge will remain in effect until December 31, 2022 at which this rate may be re-evaluated by either
party if the agreement is extended per Section 1 (e).
b. Weekends and Holidays – should COAH have less than four dogs boarding AND there are not
other boarders to make an aggregate number of four canines or more the following rates will apply:
1. A flat rate of eighty dollars ($80) per night for three or less dogs for a full-service day by Pup,
Pup & Away staff; or
2. A flat rate of forty-dollars ($40) per night for three or less dogs if COAH ACS staff manages
COAH canines a half day; or
3. A flat rate of forty-dollars ($40) per night for three or less dogs for Pup, Pup & Away staff to
service COAH canines for two (2) hours in the morning and two (2) hours in the afternoon.
c. Invoices are due to the COAH on the first business day of the week. Payment for services is due
on Friday of each week beginning January 15, 2022. Payment may be made by check or credit card.
Checks shall be made payable to:
Pup Pup & Away, LLC
5722 Kenwick Drive.
San Antonio, Texas 78238
d. Invoices received timely by COAH that are overdue by five (5) calendar days will have a 20%
penalty applied to the invoice. Invoices overdue by ten (10) calendar days may result in COAH ACS
forfeiting the sheltered canines to Pup Pup & Away who may place the pets into homes or other rescues.
5. Attachment A
Page 3 of 5
SECTION 3. SERVICES
a. Pup Pup & Away, LLC agrees to provide animal boarding, to include feeding, medicating, record
of waste eliminations, daycare playtime and mental enrichment. These services also include daily report
cards and advertising/exposure on social media.
b. Pup Pup & Away warrants and represents that they have the capability, experience, and means
to perform the services contemplated by this Agreement. Pup Pup & Away shall comply with all applicable
state, and local laws in connection with any and all work performed hereunder.
c. Use of Pup Pup & Away, LLC’s facility for the use of “Meet & Greet” for potential
adopters and fosters will be permitted by appointment only.
d. Training of basic manners may occur but not guaranteed. Pup Pup & Away may make training
recommendations that COAH ACS may approve or deny. These services will be at an additional, but
discounted, price agreed to by both parties before commencement.
e. There is nothing in this Agreement that prevents Pup Pup & Away, LLC from entering into a
business transaction with an adopted owner of a canine for services outside of those provided in this
Agreement, provided it is with the understanding that the cost of those services are the responsibility of
the canine’s adopted owner.
f. Pup Pup & Away, LLC will only accept canines from a COAH ACS representative as designated
by the Chief of Police or his representative and will only release a canine to a COAH ACS representative
or part-time COAH ACS representative.
g. COAH ACS will not reveal the location of any canine previously in the custody of a person
arrested or cited by the Alamo Heights Police Department to the arrested person. All canines belonging to
an arrested or cited person shall only be released to an COAH ACS representative and transported to the
COAH municipal facility for eventual release to an arrested person or their representative.
h. Canines may be dropped off during normal business hours by a COAH ACS representative or
may be dropped off at any time Pup Pup & Away, LLC is closed. After hours entry will be made at a
designated entry point by a COAH Animal Care Services representative using the key and alarm code
provided by Pup Pup & Away, LLC.
SECTION 4. SHELTERING REQUIREMENTS
a. To ensure a healthy environment for all canines sheltered at Pup Pup & Away, LLC, all COAH
canines will have current vaccinations including the Rabies, Bordatella, Parvo, Distemper and Lepto
vaccination. A Canine Influenza vaccination is strongly recommended.
b. All new canines must go through a seventy-two (72) hour hold to ensure canines are vaccinated,
in good health and free of contagious disease or viruses prior to sheltering at Pup Pup & Away, LLC.
Canines must be free of all symptoms for seventy-two (72) hours and released by a veterinarian. Canines
may be released to the owner of the canine by COAH ACS representatives prior to sheltering at Pup Pup
& Away if such owner is able to provide documentation of all current vaccinations, if release is approved
by a veterinarian.
c. All canines must be up to date on all flea, tick and heartworm preventive medications. It is the
responsibility of the COAH ACS representative to schedule and/or administer preventive medications.
6. Attachment A
Page 4 of 5
d. All canines must remain in good health. Symptoms that may result in removal from the shelter
include, but are not limited to, excess vomiting or vomiting lasting more than three (3) days, diarrhea
lasting more than three (3) days, blood in any body excrements, coughing or sneezing lasting one (1) day
or abnormal discharge coming from the nose or eyes.
e. Realizing that emergency treatment of an animal may be necessary to preserve life or ease
suffering, if deemed necessary, charges and fees associated with such treatment shall be discussed with
COAH ACS representative and approved prior to the treatment.
f. Pup Pup & Away, LLC will not accept or continue sheltering any canine(s) demonstrating vicious
behaviors under any circumstances due to the liability it poses to that specific canine and other canines
boarding at Pup Pup & Away, LLC, as well as the danger it poses to employees.
g. COAH ACS is responsible for providing all food, medication, toys and bedding for their sheltered
canines. COAH ACS acknowledges that items, may be lost, broken or used to exhaustion and shall not
hold Pup Pup & Away, LLC responsible for those items.
SECTION 5: OVERFLOW BOARDING
In the event Pup Pup & Away, LLC reaches full boarding capacity, overflow crates will be set up for
canines sheltered by COAH ACS. The COAH ACS representative will be informed of these occurrences
and may choose alternative sheltering elsewhere.
SECTION 6. AUTHORIZED RELEASE OF CANINES
COAH ACS will prepare, maintain a record of part-time and volunteer COAH ACS representatives at the
Pup Pup & Away, LLC shelter location. Only those persons identified on this record and those listed in
Section 1 of this Agreement are authorized to visit and walk COAH ACS sheltered canines or take them
off premises during normal business hours. No appointment is necessary but any COAH ACS canine
taken off premise must be checked out with Pup Pup & Away, LLC staff.
SECTION 7: WAIVER
a. Pup Pup & Away, LLC shall not be responsible for canines becoming sick or injured while under
their care and control while on the premises of Pup Pup & Away, LLC.
b. Pup Pup & Away shall not be responsible for illness or injury to COAH officials, any COAH ACS
representative, part-time ACS representative, and/or volunteers while on the premises of Pup Pup &
Away, LLC.
SECTION 8. ENTIRE AGREEMENT
a. It is understood and agreed this Agreement and any attachments hereto which are incorporated
by reference as if set forth herein, contain the entire Agreement between the parties hereto.
b. The individuals executing the Agreement warrant that they have full authority to execute the
Agreement on behalf of the entity for whom they are acting herein.
7. Attachment A
Page 5 of 5
EXECUTED this 10th day of January, 2022
CITY OF ALAMO HEIGHTS PUP PUP & AWAY, LLC
By: ___________________________________ By:________________________________
Name: Buddy Kuhn Name: Stephanie Garza
Title: City Manager Title: Owner, Pup Pup & Away, LLC