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Item 5ECity of Southlake, Texas MEMORANDUM August 28, 2006 TO: Shana Yelverton, City Manager FROM: Wade G. Goolsby, Chief of Police Services (Ext. 8120) SUBJECT: Authorize the City Manager to enter into an Inter -local Agreement with the City of North Richland Hills to provide animal shelter services for the City. Item 5E Action Requested: Authorize the City Manager to enter into an Inter -local Agreement with the City of North Richland Hills to provide animal shelter services for the City. Background The City of Southlake has utilized the Golden Triangle Animal Hospital in Southlake for it animal shelter services for the past year. The Golden Triangle Animal Hospital terminated its contract forcing us to seek an alternative location for our animal shelter services. When we previously advertised for interested parties, the Golden Triangle Animal Hospital was the only business that expressed an interest in providing animal shelter services. Information: For the past year, the Golden Triangle Animal Hospital has provided animal shelter services to the City of Southlake. When the contract was initially signed with Golden Triangle, letters had been sent to every veterinary clinic in Southlake and Golden Triangle was the only response received. We have contacted several other cities and a private individual about providing animal shelter services and North Richland Hills provided the best option for us. North Richland Hills has a complete animal shelter and works with numerous groups to adopt animals that are not claimed by owners. The monthly fees are based on the number of animals delivered to the animal shelter and are anticipated to be slightly less than we were paying in the contract with Golden Triangle. We will continue to contract with Dr. Ruffner with the Golden Triangle Animal Hospital to provide medical supervision of the Field Services Officer for $100 per month. Financial Considerations: Based on the number of animal impounds; cost to the City is estimated to be $20,000 per year. While this is greater than the $16,000 spent in previous years, this increase is based on a projected increase in the number of animals impounded. The Field Services Officer and police officers will have immediate access to the shelter at all hours for impoundment when necessary. Animal Shelter Services August 28, 2006 Page 2 Financial Impact: Continuing cost of approximately $20,000 per year for animal shelter services. Citizen Input/ Board Review: Legal Review: Alternatives: Supporting Documents: Staff Recommendation: No citizen input has been received. Not subject to any Board review. This resolution has been reviewed and approved by City Attorney April Virnig. Contract with a private vendor outside the City. Inter -local Agreement City Council approval for the City Manager to enter into an inter -local agreement with the City of North Richland Hills for animal shelter services. WG /wg INTERLOCAL AGREEMENT BETWEEN THE CITIES OF NORTH RICHLAND HILLS AND SOUTHLAKE FOR ANIMAL IMPOUNDMENT THE STATE OF TEXAS )( COUNTYOF TARRANT )( THIS ( "AGREEMENT "), is made and entered into by the CITY OF NORTH RICHLAND HILLS, TEXAS, a Home Rule municipal corporation, ( "NORTH RICHLAND HILLS "), and the CITY OF SOUTHLAKE, TEXAS a Home Rule municipal corporation, ( "SOUTHLAKE "), each acting by and through its duly appointed and authorized city managers: WITNESETH: WHEREAS, NORTH RICHLAND HILLS AND SOUTHLAKE are desirous of entering into a contract for Animal Impoundment Services to provide a more effective and efficient delivery of such services; and WHEREAS, NORTH RICHLAND HILLS has the facilities available to perform Animal Impoundment for both cities; and WHEREAS, all payments for Animal Impoundment to be made hereunder shall be made from current revenues available to the paying party; and WHEREAS, NORTH RICHLAND HILLS and SOUTHLAKE have concluded that this Agreement fairly compensates the performing party for the Animal Impoundment Services being provided hereunder; and WHEREAS, NORTH RICHLAND HILLS and SOUTHLAKE believe that this Agreement is in the best interests of NORTH RICHLAND HILLS and SOUTHLAKE; and WHEREAS, this Agreement is approved by the governing bodies of NORTH RICHLAND HILLS and SOUTHLAKE; and WHEREAS, this Agreement is authorized by and in conformance with Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act (the "Act "). NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, NORTH RICHLAND HILLS AND SOUTHLAKE HEREBY AGREE TO THE FOLLOWING: Section 1. All matters stated above in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Term. This Agreement shall be for a term of two (2) years commencing on October 1, 2006, and ending September 30, 2008, (the "Initial Term ") Section 3. Scope of Services to be provided by NORTH RICHLAND HILLS. NORTH RICHLAND HILLS hereby agrees to provide SOUTHLAKE the following equipment, services, personnel, and facilities: a. Accept animals brought to the North Richland Hills Animal Shelter by Southlake Animal Control Officers. b. Provide access to the Euthanasia Room to Southlake Animal Control Officers for preparation of rabies specimen. c. Provide supplies for rabies specimen testing. d. Provide after hour building access and computer access to Animal Control Facility to Southlake Animal Control Officers. e. Hold animals (other than feral cats) brought to Animal Control Facility without collars and/or identification for at least four (4) business days and those with collars and/or identification for at least seven (7) business days. f. Feral cats will be evaluated after 24 hours and disposed of as deemed appropriate. g. Although adoption services may be provided, pit bulls and pit bull mixes will not be available for adoption. h. Euthanize and cremate animals not claimed within the period provided under e. hereof if not adopted. i. Collect fees from pet owners as follows: Pet surrender: $13.00 per pet. Impoundment fee: First impoundment: $18.00 for altered pet, $46.00 for unaltered pet. Second impoundment: $86.00. Third impoundment $104.00. Quarantine fee: $15.00 per night of quarantine. Boarding fee: $13.00 per night. j. Provide for adoption of pets under three months of age at a rate of $80.00 each and for pets three months of age and older at a rate of $90.00 each. These charges cover neutering, microchip implantation for identification, first booster, intestinal wormer, heartworm tests as needed and rabies vaccination for pets three months of age and older. k. Accept missing pet reports from Southlake residents who come to the North Richland Hills Animal Control facility to make such reports or to look for their animals. 1. Cremation services may be offered for Southlake animals at $30.00 per animal. Section 4. SOUTHLAKE Obligations. SOUTHLAKE shall: a. Perform all field work necessary to serve Southlake residents and provide animal control officers to bring animals to the North Richland Hills Animal Control facility. b. Pay North Richland Hills $105.00 per animal brought to the Animal Control facility by Southlake Animal Control Officers or Southlake Police Officers. c. Reimburse North Richland Hills for all supplies used by Southlake personnel pursuant to Sec. 3.c. hereof. d. Provide medical treatment to any Southlake injured animal. Section 5. Payments for Services Performed. All payments provided for in Sec. 3. hereof shall be retained by the City of North Richland Hills as partial payment for services rendered. Section 6. Cancellation. SOUTHLAKE shall have the right to terminate this Agreement if NORTH RICHLAND HILLS breaches any of its terms or fails to perform any of the obligations it imposes, and then fails to cure the breach or failure within thirty (30) days following written notice from SOUTHLAKE. If the Agreement is terminated under this paragraph, NORTH RICHLAND HILLS shall be entitled to retain money already received. This Agreement may be terminated at any time, for any reason, by either party; giving one hundred eighty (180) days written notice to the other party to the addresses provided herein. Section 7. Notices. All notices required or provided for in this Agreement shall be sent to the following parties by certified mail — return receipt requested: NORTH RICHLAND HILLS Larry J. Cunningham, City Manager City of NORTH RICHLAND HILLS P.O. Box 770 NORTH RICHLAND HILLS, TX SOUTHLAKE Shana Yelverton, City Manager City of Southlake 1400 Main Street Southlake, TX 76092 Section 8. Dispute Resolution. In order to ensure an effective relationship between the parties and to provide the best possible public service, it is mutually agreed that all questions arising under this Agreement shall first be handled and attempted to be resolved between the City Managers of NORTH RICHLAND HILLS and SOUTHLAKE. Issues regarding the performance of Animal Impoundment and the operation of the Animal Impoundment Facility shall be brought directly to the attention of the NORTH RICHLAND HILLS Animal Center Supervisor. Immediate performance complaints or concerns should be addressed by communicating the problem to the on -duty Animal Control Officer. Section 9. Venue. Venue for any legal dispute arising pursuant to this Agreement shall lie in Tarrant County, Texas. Section 10. Independent Contractor. Both parties mutually agree that NORTH RICHLAND HILLS is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of NORTH RICHLAND HILLS in no way are to be considered employees of SOUTHLAKE. The employment rights of NORTH RICHLAND HILLS personnel assigned under this agreement will not be abridged. NORTH RICHLAND HILLS AND SOUTHLAKE EACH AGREE TO ACCEPT FULL RESPONSIBILITY FOR THE ACTIONS OF THEIR OWN OFFICERS, AGENTS AND EMPLOYEES IN THE OPERATION OF THE ANIMAL EVIPOUND FACILITY, OR IN THE PERFORMANCE OR USE OF SERVICES UNDER THIS AGREEMENT, AND EACH PARTY HEREBY AGREES TO INDEMNIFY AND OTHERWISE HOLD HARMLESS THE OTHER PARTY, ITS OFFICERS, AGENTS AND EMPLOYEES IN BOTH PUBLIC AND PRIVATE CAPACITY AGAINST ALL LIABILITY CLAIMS, SUITS, DEMANDS, LOSSES, DAMAGES, ATTORNEY FEES, INCLUDING ALL EXPENSE OF LITIGATION OR SETTLEMENT, OR CAUSES OF ACTION OF ANY HIND WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR A LOSS OF, DAMAGE TO, OR LOSS OF THE USE OF ANY PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED TO THE INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS OF THAT PARTY, ITS OFFICERS, AGENTS OR EMPLOYEES, IN THE OPERATION OF THE ANIMAL IMPOUND FACILITY, OR IN THE PERFORMANCE OR USE OF SERVICES UNDER THIS AGREEMENT. It is expressly understood and agreed that, in the execution of this Agreement, NORTH RICHLAND HILLS and SOUTHLAKE do not waive, nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to or against claims arising in the exercise of governmental functions relating hereto or otherwise. By entering into this Agreement, NORTH RICHLAND HILLS and SOUTHLAKE do not create any obligations express or implied, other than those set forth herein, and this Agreement shall not create any rights in any parties not signatory hereto. Section 12. Destruction of facility. In the event that the animal control facilities is damaged due to a natural or a man made disaster and is unusable, NORTH RICHLAND HILLS shall be relieved from all its responsibilities under this contract. Section 13. Approval of Contract. This Agreement has been approved by the governing bodies of NORTH RICHLAND HILLS and SOUTHLAKE, respectively. The execution of this Agreement has been authorized by an act of the governing bodies of NORTH RICHLAND HILLS and SOUTHLAKE at a duly called and posted meeting. IN WITNESS WHEREOF, we have hereunto set our hands this the day of 2006, in duplicate originals. CITY OF NORTH RICHLAND HILLS, TEXAS CITY OF SOUTHLAKE, TEXAS By: Larry J. Cunningham City Manager By: Shana Yelverton City Manager APPROVED AS TO FORM AND LEGALITY: George Staples, Attorney City of North Richland Hills Attorney for Southlake