HomeMy WebLinkAboutItem 08 - Animal ControlITEM • _ ?)��..
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER h/
MEETING DATE:
SUBJECT:
RECOMMENDATION:
FEBRUARY 5, 2002
ANIMAL CONTROL INTERLOCAL AGREEMENT WITH
SOUTHLAKE
Mayor and Council to consider entering into an Interlocal Agreement with the City of
Southlake for the use of our animal control facility.
FUNDING SOURCE:
No fund expenditures required.
BACKGROUND:
On July 22, 1993 the cities of Grapevine and Southlake entered into an interlocal
agreement that would allow Grapevine Animal Control to provide services to the City of
Southlake.
This fiscal year, the City of Southlake created a position for an animal control officer
thereby eliminating the need for Grapevine Animal Control to provide services within
their city. The proposed agreement will allow for the use of our facility to house and
dispose of any animals impounded by their officer as well as to accept any animal
surrendered by a citizen of Southlake. The cost for the use of the facility will be based
on cost for service as outlined in the agreement. These costs reflect the actual cost of
delivering the services outlined.
ES/clt
January 31, 2002 (2:56PM)
STATE OF TEXAS OFFICIAL RECORD INTERLOCAL AGREEMENT
is COUNTY OF TARRANT FOR ANIMAL CONTROL
THIS AGREEMENT is entered into this the % day of
WlAkt)G) , 2001, between the City of Grapevine, Texas ("Grapevine"), a municipal
corporation, and the City of Southlake, Texas ("Southlake"), a municipal corporation.
WHEREAS, Grapevine maintains an animal control facility with the capacity to
accommodate both its needs and the needs of other cities; and
WHEREAS, the growth of Southlake has created the necessity for a city animal
control policy and enforcement of animal control laws; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government
Code, authorizes governmental entities to contract with each other for services, and
Southlake desires to contract with Grapevine for the use of its animal control facility and
.v operations; NOW THEREFORE,
Grapevine and Southlake agrees as follows:
SECTION 1.
SERVICES PROVIDED BY GRAPEVINE.
Grapevine agrees to provide the following services on behalf of Southlake:
(1) Maintain an animal control facility ("facility") that meets all the
requirements of state law and that is large enough to accommodate the
demand for animal holding services in Grapevine, Southlake, and other
entities contracting for its use;
(2) Operate the facility in accordance with state laws and regulations,
including but not limited to the treating animals humanely while in its
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custody, holding animals a reasonable period of time before destroying
them, returning animals to owners when they are claimed before
destruction, humanely destroying animals which are not claimed or placed
with new owners, and providing facilities which have been inspected and
approved by the Texas Department of Health for rabies observations;
(3) Keep the facility open to the public for at least eight hours per day on
weekdays and at least three hours on Saturdays excluding holidays for the
purpose of giving owners ample opportunity to redeem their impounded
animals;
(4) Require every owner who redeems an impounded animal to pay the
current impoundment and boarding fees;
(5) Provide the same shelter facility services to the citizens of Southlake that
are provided to the citizens of Grapevine and provide animal control staff
sufficient to operate the facility in an efficient, sanitary, and humane
manner. These services shall include, but not limited to:
(a) The acceptance and boarding of owner surrender animals for
OO Met
(b) The acceptance of animals impounded by Southlake animal control
officials for boarding.
(c) The acceptance of owner surrender animals for euthanasia.
(d) The preparation of animal heads for rabies testing as well as the
proper packing and shipping.
(e) The acceptance of animals for quarantine related to possible rabies
exposure.
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The disposition of all animals released to the custody of Grapevine animal
is control will be in accordance with Grapevine City Ordinance and the
Grapevine Police Department Animal Control Division S.O.P. Manual.
(6) Provide animal control field services specific to:
(a) The pickup and euthanasia of non -releasable wildlife.
(b) The pickup and boarding of livestock.
(c) The pickup and euthanasia of severely injured animals.
(d) Respond in a mutual aid capacity if requested.
(7) Prepare and provide to Southlake a quarterly report that includes the
following information:
(a) The number of animals accepted from Southlake citizens for
boarding awaiting adoption.
(b) The number of animals accepted from Southlake Animal Control
officials for boarding awaiting adoption.
(c) The number of animals accepted from Southlake citizens and
animal control officials to be euthanized.
(d) The number of animals accepted from Southlake citizens for
quarantine related to possible rabies exposure and the total number
of days in quarantine.
(e) The number of animal heads prepared, packed, and shipped for
rabies testing.
(f) The number of non -releasable wildlife picked up and euthanized.
(g) The number and type of livestock picked up and boarded including
the total number of days boarded.
(h) The number of severely injured animals picked up and euthanized.
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SECTION 2.
11*PW*j k' &1114 101 k I I
In the performance of this Agreement Southlake shall:
(1) Maintain in force an animal control ordinance that governs animals at
large and other regulations determined appropriate by the Southlake City
Council, which ordinance shall include provisions for impoundment fees,
signs, and rabies control
(2) Provide basic animal control services within Southlake including but not
limited to:
(a) Responding to complaints
(b) Impounding animals
(c) Issuing citations
(d) Purchase and distribution of traps
(e) Providing testimony in court
(f) Responding to emergency animal control situations
(3) Provide a location, staff and equipment within Southlake for the temporary
boarding of animals awaiting claim by the owner.
(4) Provide information to its citizens on the policies and operations of the
temporary holding location within Southlake and the facility within
Grapevine.
SECTION 3.
FEES AND PAYMENTS.
(1) Payment for Services. Animal owners will be responsible for payment of
fees associated with the impounding and boarding if the animal is claimed
by the owner. Southlake's bill for animal control services will be based on
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a cost per service fee as outlined below for services provided to Southlake
residents and/or employees:
Owner surrender animals for adoption: $15.00
Impounded domestic animal for adoption: $15.00
Owner Surrender animal for euthanasia: $35.00
Impounded domestic animal for euthanasia: $35.00
Pick up of releasable wildlife: $20.00
Pick up and euthanasia of non -releasable wildlife: $35.00
Livestock impound fee: $30.00
Livestock boarding fee: $15.00 per day
90 -day rabies quarantine: $475.00
45 -day rabies quarantine: $240.00
Submission of animals for rabies testing: $80.00
(2) Disposition of Fees. Grapevine shall retain all fees collected from its
activities under Section 1 of this Agreement.
(3) Review of Payment for Services
(a) Within 30 days after the end of each fiscal quarter Grapevine will
generate an invoice to Southlake based on the services provided
and terms of this Agreement.
(b) Within 30 days of receipt of this invoice the financial officers of the
two cities shall review the amount of Southlake's payment for
Animal Control services. If they cannot agree the amount invoiced
is correct, the two city managers shall consider the matter. If no
agreement can be reached, the cities shall retain the services of an
independent accountant to make the determination. The cost of the
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accountant shall be shared equally between Grapevine and
Southlake.
(c) Within 90 days before the end of each fiscal year during the term of
this Agreement, the two cities shall review the Agreement to
determine whether Southlake's payment for services under this
Agreement are sufficient to equitably pay for the animal control
service provided to Southlake. The determination of "activity
attributable to Southlake" shall be made using generally accepted
accounting practices.
SECTION 4.
ENFORCEMENT AUTHORITY.
Southlake grants to Grapevine the authority to enforce all ordinances,
laws, and regulations in effect within the city limits of Southlake applicable
to animal control, including the authority to perform necessary
governmental and police powers through its designated officers, including
but not limited to impounding animals, issuing citations, testifying in court,
issuing appropriate notices and orders, and exercising the power to arrest,
and Grapevine agrees to perform these enforcement services on behalf of
Southlake.
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SECTION 5.
0 TERM.
The term of this Agreement is one year beginning as of January 1, 2002.
Each year this Agreement shall be automatically renewed for an additional
one-year term unless either party delivers to the other, written notice of the
intent to terminate the Agreement, at least 90 days before the end of the
term. Notice under this section must be sent by certified U.S, mail, return
receipt requested, to the following:
If to Southlake: City Manager
City of Southlake
1400 Main Street.
Southlake, Texas 76092
If to Grapevine: City Manager
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76051
Either party may change its address for notice by giving notice of the
change in the same manner as for notice of intent to terminate.
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I z 1113:11 ill I I I M-11 Ill•04
Each party agrees to indemnify, defend, and hold harmless the other
party, its officers, agents, employees, and volunteers, in both their public
and private capacities, from and against claims, suits, demands, losses,
damages, causes of action, and liability of every kind, including but not
limited to, expenses of litigation or settlement, court costs, and attorney
fees, which may arise from the acts or omissions of the indemnifying
party, whether or not arising from death or injury to a person or animal or
the loss of use of, or damage to property including an animal. In
complying with this section neither party shall be liable for injury, death, or
damage arising out of or occurring as a consequence of this Agreement to
any extent greater than the party would be liable in defense of its actions
under the provisions of the Texas Tort Claims Act, Chapter 101, Texas
Civil Practice and Remedies Code.
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0
SECTION 7.
SEVERABILITY
If any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties that the remaining portions shall remain valid and
in full force and effect to the extent possible.
EXECUTED this— -IF jayof &QX44AZ 2001.
CITY OF GRAPEVINE CITY OF SOUT AKE
Mayor Mayor
ATTEST: ATTEST:
City Secretary
AND LEGALITY:
City Attorney
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City Secretary
um
- •mc
APPROVED AS TO FORM
AND LEGALITY:
City Attorney