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Item # 5 - Pup Pup & Away LLC Canine Sheltering
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 to consider a Resolution extending the
existing agreement for one-year between the City and Pup Pup & Away
LLC for canine sheltering and authorizing the City Manager to execute the
agreement.
DATE: January 22, 2024
SUMMARY
The City of Alamo Heights staff is seeking approval of a Resolution for a one-year
extension to the existing agreement designating the Pup Pup & Away LLC (PP&A) as the
COAH shelter facility for impounded canines and authorizing the City Manager to
execute the extension of the agreement.
BACKGROUND INFORMATION
The City of Alamo Heights selected PP&A for canine sheltering services upon approval
of the City Council at their regularly scheduled meeting on April 13, 2020. The current
agreement expired on December 31, 2023 but COAH will continue receiving services
until an agreement renewal was reached.
Since entering into the sheltering agreement with PP&A 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 PP &A 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 amended sheltering agreement with PP&A 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 some increases in the fees for sheltering and services paid under the current
agreement. PP&A proposes an increase in the daily sheltering fee and has added some
additional fees for long term sheltering of K-9s. Other new fees include an introduction
fee and damage reimbursements. There is nothing in this proposal staff considers
excessive or unreasonable.
Fee Comparison Table: Current Cost Proposed Cost Increase
Boarding per day up to 4 months $20 $30 $10
4 – 8 month stay $20 $32 $12
8 – 12 month stay $20 $34 $14
12+ months $20 $36 $16
Trainer meet & greet w/ adopters $0 $30 $30
Cleaning/disinfecting kennels: untrained K-9s $3 per day ***
Repair or replacement of property owned by PP&A cost ***
Staff will off-set costs by transferring K-9s to other rescue organizations at the end of the
four month period or sooner where space is available. Staff has already developed
relationships with breed specific rescues where space is available.
The City 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, donations and fundraising efforts.
COORDINATION
The City Manager and City Attorney have reviewed the proposed sheltering agreement.
The City Attorney prepared the Resolution.
3. ATTACHMENTS
Attachment A — Agreement
Attachment B – Resolution
____________________________
Rick Pruitt
Police Chief
____________________________
Buddy Kuhn
City Manager
4. Attachment A
Page 1 of 6
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 22nd day of January,
2024 and Pup Pup & Away, LLC (PP&A) by and through its authorized representatives.
WITNESSETH:
WHEREAS, it is the desire of COAH and PP&A 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 PP&A 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 PP&A 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, 2024 unless terminated or extended by the
Parties for a new one (1) year Agreement as approved and signed by both Parties.
f. Either party may choose to terminate the terms of said Agreement upon sixty (60) day written
notice to the other party.
5. Attachment A
Page 2 of 6
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. PP&A shall charge COAH a rate of thirty dollars ($30) per night, per canine. This charge will
remain in effect until December 31, 2024 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 no
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. A three dollar ($3) charge per day will be applied to canines that are not crate/house trained and
consistently urinates and/or defecates in the overnight kennel. COAH staff will be notified when kennel
staff become aware of this concern so other arrangements could be made if COAH chooses another
option.
d. An additional fee shall be added to the thirty dollar ($30) per night fee (Section 2(a)) as an
“Extended Stay Fee” for canines kenneled for four (4) months or longer. This fee will be increased in
incremental two dollar ($2) per day amounts when the canine is kenneled for an extended stay at the
four, eight and twelve month marks. The cost per dog would breakdown as follows:
Months at PP&A Price per night
up to 4 months $30 8-12 months $34
4-8 months $32 12+ months $36
e. PP&A may provide available space for COAH to use for potential adopter “meet and greet”
session if within PP&Away business hours at no cost. If COAH would like a member of the PP&A team to
6. Attachment A
Page 3 of 6
be present for the “meet and greet” there will be a thirty dollar ($30) trainer fee per each thirty minute (30)
session.
f. COAH agrees to provide reimbursement to PP&A for repair or replacement of property owned by
PP&A.
g. 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 22, 2024. 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
h. 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.
SECTION 3. SERVICES
a. PP&A 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. PP&A warrants and represents that they have the capability, experience, and means to perform
the services contemplated by this Agreement. PP&A shall comply with all applicable state, and local laws
in connection with any and all work performed hereunder.
c. Use of PP&A’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. PP&A 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 PP&A 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. PP&A 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.
7. Attachment A
Page 4 of 6
h. Canines may be dropped off during normal business hours by a COAH ACS representative or
may be dropped off at any time PP&A 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 PP&A.
i. PP&A agrees to be adequately insured, to cover itself and any and all of its own personnel
engaged in performing services for City under this Agreement. PP&A also agrees to maintain Workers
Compensation Insurance at the statutory required level, commercial general liability insurance covering
any claims against PP&A for potential damages resulting from property damage from accidents arising in
the course of services performed under this Agreement.
SECTION 4. SHELTERING RESERVATIONS
a. PP&A agrees to provide to COAH up to five (5) sheltering reservations. Additional space may be
made available on a case-by-case basis upon advanced approval from PP&A but shall not exceed seven
(7) reservations, two (2) of which are for temporary sheltering.
b. The following are procedures for making sheltering reservations:
1. COAH staff shall create their own canine profiles and vaccination records in the
Gingr system complete with vaccination records.
2. Request boarding as a service request in Gingr and provide a drop off date. The first
reservation should be made for the intended date of drop off and end the following Wednesday.
Upon approval, the PPA team will put recurring reservations until told otherwise.
3. COAH staff shall tag a change in the @ClientCommunicationSpecialist in the PP&A
Discord server to request changes to a current reservation. This includes, but is not limited to,
when the dog is set to go to a foster or adopter's home, PIMA or when there is a change in
reservation if the dog will not be returning for the night. Trips to the vet or other day-of activities
do not need a change in reservation. All changes in reservations shall be done with as much
notice as possible, and ideally, before the day of the reservation.
4. All changes to feeding and/or medication instructions should be entered in the canine's
profile in Gingr. If medications are to be given on an “as needed basis”, post a note in the
instructions about when the PP&A team should give the medication
SECTION 5. SHELTERING REQUIREMENTS
a. To ensure a healthy environment for all canines sheltered at PP&A, 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 PP&A. 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 PP&A 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.
8. Attachment A
Page 5 of 6
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. PP&A 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 PP&A
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 PP&A responsible for those items.
SECTION 6: OVERFLOW BOARDING
In the event PP&A 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 7. AUTHORIZED RELEASE OF CANINES
COAH ACS will prepare, maintain a record of part-time and volunteer COAH ACS representatives at the
PP&A 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 PP&A staff.
SECTION 8: WAIVER
a. PP&A shall not be responsible for canines becoming sick or injured while under their care and
control while on the premises of PP&A.
b. PP&A 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 PP&A.
c. Each party shall be responsible for its own acts and omissions and shall be liable for payment of
that portion of any and all claims, liabilities, injuries, suits and demands and expenses of all kinds that
may result or arise out of any alleged malfeasance or neglect caused or alleged to have been caused by
said party, its officers, employees, agents, and representatives in the performance or omission of any act
or responsibility of said party under this Agreement. In the event that a claim is made against both
parties, it is the intent of both parties to cooperate in the defense of said claim and to cause their insurers
to do likewise. Both parties shall, however, retain the right to take any and all actions they believe
necessary to protect their own interest.
d. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY
WAY INTENDED TO CONSTITUTE A WAIVER BY EITHER PARTY OF ANY IMMUNITIES FROM SUIT
OR LIABILITY THAT CITY MAY HAVE BY OPERATION OF LAW.
9. Attachment A
Page 6 of 6
SECTION 9. 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. This Agreement constitutes the final and entire agreement between the Parties and contains all of
the terms and conditions agreed upon. No other agreements, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to bind the Parties hereto unless it is in writing,
dated subsequent to the date hereof and duly executed by the Parties.
c. PP&A shall not transfer, pledge or otherwise assign this Agreement, any interest in and to same,
or any claim arising thereunder, without first procuring the written approval of the City. Any attempt at
transfer, pledge or other assignment shall be void and shall confer no rights upon any third person
d. 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.
e. This Agreement will be construed under and in accordance with the laws of the State of Texas
and exclusive venue lies in Bexar County, Texas.
EXECUTED this 22nd day of January, 2024
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
10. Attachment B
RESOLUTION NO. 2024R - 176
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
ALAMO HEIGHTS, TEXAS, AUTHORIZING APPROVAL FOR
THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
SERVICES CONTRACT WITH PUP PUP & AWAY, LLC FOR
CANINE SHELTERING SERVICES; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, it is the desire of City of Alamo Heights and Pup Pup &Away to join in an
Agreement for the welfare of canines that have been lost, found, abandoned or injured inside the
city limits requiring food, water, shelter, and medical attention to the limits allowed by law; and
WHEREAS, City and Pup Pup &Away in joining in this agreement agree that formal operating
procedures shall be followed for the sheltering, care, release and other dispositions of animals, as
well as the billing for services and payment for those services; and
WHEREAS, it is the agreement of both parties that Pup Pup &Away shall be in compliance with
the City Code of Ordinances, Chapter 4 Animals;
WHEREAS, the City and Pup Pup &Away have agreed to the Agreement for Canine Sheltering
Services for a one year period expiring on December 31, 2024 with option for one-year renewal if
mutually agreed to by both parties; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALAMO HEIGHTS,TEXAS THAT:
SECTION 1. The City Council hereby authorizes the City Manager to finalize negotiations and
execute an extension to the Agreement with Pup Pup &Away to provide the City with canine
Sheltering Services. Funds for these services are included in the City’s Budget.
SECTION 2. This Resolution shall be effective from and after its approval and passage in
accordance with the city charter.
PRESENTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALAMO
HEIGHTS, TEXAS THIS 22nd DAY OF JANUARY, 2024.
BOBBY ROSENTHAL, MAYOR
ATTEST:
ELSA T. ROBLES, CITY SECRETARY
APPROVED AS TO FORM:
FRANK J. GARZA, CITY ATTORNEY