Item 4D (2)INTERLOCAL AGREEMENT
FOR COMBINED ANIMAL CONTROL AND
ANIMAL SHELTER SERVICES FOR THE CITIES OF
KELLER, SOUTHLAKE AND COLLEYVILLE
THE STATE OF TEXAS )(
COUNTYOF TARRANT )(
THIS ( "AGREEMENT "), is made and entered into by the CITY OF KELLER, TEXAS,
a Home Rule municipal corporation, ("KELLER"), the CITY OF SOUTHLAKE, TEXAS a
Home Rule municipal corporation, ( "SOUTHLAKE "), and the CITY OF COLLEYVILLE,
TEXAS a Home Rule municipal corporation, ( "COLLEYVILLE ") each acting by and through its
duly appointed and authorized city managers:
WITNESETH:
WHEREAS, KELLER, SOUTHLAKE, and COLLEYVILLE desire to enter into this
Agreement to combine Animal Control and Animal Shelter Services to deliver these key public
safety services at the highest level possible for both communities in accordance with the terms
and conditions set forth herein; and
WHEREAS, KELLER has the facilities and personnel available to perform these services for
the three cities; and
WHEREAS, all payments for Animal Control and Animal Shelter Services to be made
hereunder shall be made from current revenues available to the paying party; and
WHEREAS, KELLER, SOUTHLAKE and COLLEYVILLE have concluded that this
Agreement fairly compensates the performing party for the Animal Control and Animal Services
being provided hereunder; and
WHEREAS, the respective City Councils of KELLER, SOUTHLAKE and COLLEYVILLE
believe that this Agreement is in the best interests of KELLER, SOUTHLAKE and
COLLEYVILLE; and
WHEREAS, this Agreement is authorized by and in conformance with Chapter 791 of the
Texas Government Code, the Interlocal Cooperation Act (the "Act "); and
WHEREAS, the City Councils, as the governing bodies of KELLER, SOUTHLAKE and
COLLEYVILLE wish to approve this Agreement.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF
WHICH ARE HEREBY CONFIRMED, KELLER, SOUTHLAKE AND COLLEYVILLE
HEREBY AGREE TO THE FOLLOWING:
Section 1. Recitals. All matters stated above 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 an initial term of ten (10) years
commencing on October 1, 2012, and ending September 30, 2022, (the "Initial
Term ") and may be extended thereafter by mutual consent of the parties hereto
and for two successive five (5) year terms. (The renewal terms shall be referred
to as the "First Renewal Term" and "Second Renewal Term ", respectively)
Section 3. Scope of Services to be provided by KELLER. KELLER hereby agrees to
perform the following:
a. On October 1, 2012, KELLER, SOUTHLAKE and COLLEYVILLE will merge
Animal Control and Animal Shelter Services at the KELLER Police Department
and KELLER shall provide all such Animal Control and Animal Shelter Services
for SOUTHLAKE and COLLEYVILLE. The Animal Control and shelter
personnel will be KELLER employees and will be under the supervision and
control of the KELLER Chief of Police or the Chief of Police's authorized
designee. The Animal Control Services and Animal Shelter will be identified as
the KELLER/SOUTHLAKE /COLLEYVILLE Regional Animal Control and
Regional Animal Shelter until such time another suitable name is selected by the
parties. KELLER shall at all times maintain sufficient staff to perform the
Animal Control and Shelter Services it provides under this agreement. Animal
Control and Shelter Services shall mean all the functions that are customary and
reasonable and shall include at a minimum the following:
1. The enforcement of State Animal Laws and City Ordinances of
the respective cities relating to domestic animals;
2. Answer calls from KELLER, SOUTHLAKE, and
COLLEYVILLE citizens regarding lost, stray, and vicious dogs
and cats and respond to the complaints in a timely manner;
3. Conduct bite investigations and properly document the incidents
as required by policy, ordinance or other applicable law;
4. Respond to wildlife and domestic livestock problems that are
causing an immediate danger or concern, including but not
limited to pickup, handling and disposal of sick, injured and dead
animals;
5. Assist the public in trapping small wildlife that are causing a
concern to the safety and welfare of the citizens;
6. Respond to the seasonal feral pig problem that exists in
Southlake, including but not limited to baiting and clearing the
traps as needed;
7. Provide an "on- call" Animal Control Officer during non -
business hours that will respond to serious animal- related public
safety or animal welfare concerns that cannot be handled by a
police officer;
8. Explain Animal Control Laws to the public when requested,
including school or public appearances;
9. Collaborate with state and local agencies on rabies control and
quarantine of animals suspected of having rabies;
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10. Operate an animal shelter for cats and dogs that are captured as
strays, quarantined, vicious, or surrendered by citizens of Keller,
Southlake and Colleyville in compliance with all applicable state
and county regulations and laws, emphasizing modern adoption
strategies; and
11. Maintain documentary records of all activity relating to
operating all Animal Control and Shelter Services described
herein according to industry standard.
b. KELLER shall make a conditional offer of employment to the Animal Control
Officers currently employed by the cities of SOUTHLAKE and COLLEYVILLE
on or before September 1, 2012, for employment with KELLER to become
effective on the merger date of October 1, 2012, contingent upon the
SOUTHLAKE and COLLEYVILLE employees passing a KELLER pre-
employment drug screen. KELLER shall place the SOUTHLAKE and
COLLEYVILLE Animal Control Officers on the KELLER pay scale at the
amount closest to their current hourly base rate at SOUTHLAKE and
COLLEYVILLE. In addition to the salaries referenced above, as long as this
Agreement is in force, Keller shall also pay all Animal Control Officers an
annual $3,000 regional Animal Control Officer stipend, paid on a bi- weekly
interval.
C. KELLER shall provide SOUTHLAKE and COLLEYVILLE monthly service
reports detailing the number of service calls in their respective communities
along with the tally of animals impounded and adopted, and any other statistical
reports requested by SOUTHLAKE and COLLEYVILLE capable of being
provided by the CRIMES records management program and Shelter Pro Animal
Services Software.
d. KELLER shall provide all human resource services necessary for the
recruitment, screening, employment, and training of all personnel required to
provide Animal Control and Shelter services to SOUTHLAKE and
COLLEYVILLE, including providing and administering all employee policies
and procedures.
C. KELLER will form a standing committee consisting of one (1) SOUTHLAKE
Department of Public Safety employee selected by the Director of the
SOUTHLAKE Department of Public Safety, one (1) KELLER employee selected
by the KELLER Chief of Police, and one (1) COLLEYVILLE employee selected
by the COLLEYVILLE Chief of Police to address operational and policy
decisions related to the operation of the Regional Animal Control Services and
Shelter.
f. KELLER shall establish an enterprise fund designated to defray the costs of
operating Animal Control and Shelter Services for each of the participating cities,
deposit into such fund all cat and dog annual registration fees and associated
shelter and adoption fees collected by or for each of the participating cities, and
apply all such deposited funds to the designated purpose. KELLER shall provide
an annual accounting report of the funds collected, the amounts deposited into
such enterprise fund, and the expenditures from such fund to SOUTHLAKE and
COLLEYVILLE.
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g. KELLER agrees to perform all services under this agreement in a good and
workmanlike manner, and in accordance with all applicable laws and regulations.
Section 4. SOUTHLAKE Obligations. SOUTHLAKE agrees to perform the following:
a. Pay the sums described as SOUTHLAKE's obligations in Section 6, below.
b. Cooperate with KELLER to have the SOUTHLAKE City Council adopt
ordinances that are similar with KELLER and COLLEYVILLE so the Animal
Control Officers will have a uniform set of laws to apply and enforce.
C. Agree that all cat and dog annual registration fees and associated shelter and
adoption fees shall be retained or paid to Keller for deposit in an enterprise fund
that will be designated and applied to defray the costs of operating Animal
Control and Shelter Services for each of the participating cities.
d. Allow the SOUTHLAKE Animal Control Officer to bring to KELLER the small
tools and equipment currently issued to the Officer by SOUTHLAKE, including
the Officer's portable radio.
Reimburse KELLER for any overtime related to the response to the seasonal
feral pig problem in SOUTHLAKE, after KELLER provides SOUTHLAKE with
the proper documentation;
Section 5. COLLEYVILLE Obligations. COLLEYVILLE agrees to perform the
following:
a. Pay the sums described as Colleyville's obligations in Section 6 below.
b. Cooperate with KELLER to have the COLLEYVILLE City Council adopt
ordinances that are similar with KELLER and SOUTHLAKE so the Animal
Control Officers will have a uniform set of laws to apply and enforce.
Agree that all cat and dog annual registration fees and associated shelter and
adoption fees shall be retained or paid to KELLER for deposit in an enterprise
fund that will be designated and applied to defray the costs of operating Animal
Control and Shelter Services for each of the participating cities.
d. Allow the COLLEYVILLE Animal Control Officer to bring to KELLER the
small tools and equipment currently issued to the Officer by COLLEYVILLE,
including the Officer's portable radio.
Section 6. Payments for Services Performed.
a. SOUTHLAKE and COLLEYVILLE will each make an annual payment to
KELLER for the operation of the Animal Control and Shelter Services, in
accordance with KELLER'S Fiscal Year Police Department Operating budgeted
amount for Animal Control and operation of the Animal Shelter.
b. For the first year of this Agreement, SOUTHLAKE's payment will be Sixty -Six
Thousand Five Hundred and Forty -two Dollars ($66,542) to KELLER for Fiscal
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Year 2012/13 beginning on October 1, 2012 and ending on September 30, 2013.
(This payment represents a 26% cost share of all Animal Control Services and
15% cost share of the expenses to operate the Animal Shelter.)
For the first year of this agreement, COLLEYVILLE's payment will be Fifty Nine
Thousand Six Dollars ($59,006) to KELLER for Fiscal Year 2012/13 beginning
on October 1, 2012 and ending on September 30, 2013. (This payment represents
a 24% cost share of all Animal Control Services and 10% cost share of the
expenses to operate the Animal Shelter.)
d. The parties agree that the payment amounts will be adjusted annually to include
budgeted increases in operating costs, and capital costs as anticipated to be
approved by the KELLER City Council during the annual budgeting process for
the upcoming Fiscal Year beginning October 1.
The payment amounts referenced above will be calculated by multiplying the
budgeted amounts by a cost share factor or percentage to be calculated as
provided herein. The Animal Control Expenses cost share factor for each
participating city will be the number of calls for service recorded in the CRIMES
CAD system for each respective city divided by the total number of calls for
service recorded in the CRIMES CAD system for all the participating cities
combined. The Animal Shelter cost share factor for each participating city will be
the number of impounded cats and dogs for each respective city divided by the
number of impounded cats and dogs for all the participating cities combined.
f. For the initial three (3) years of this agreement the cost share factor for
SOUTHLAKE will be fixed at 26% for Animal Control Expenses and 15% for
Animal Shelter Expenses, and the cost share factor for COLLEYVILLE will be
fixed at 24% for Animal Control Expenses and 10% for Animal Shelter
Expenses. Adjustments to these percentages will be made every three years
using an average from the preceding three years of data.
g. All payments for Animal Control and Shelter Services shall be paid by
SOUTHLAKE and COLLEYVILLE to KELLER in four (4) equal installments
due on the 1 St day of each calendar quarter beginning October 1, 2012 in advance
of the services performed by KELLER for SOUTHLAKE and COLLEYVILLE
for each subsequent calendar quarter of KELLER'S fiscal year and continuing
thereafter throughout the term of the Agreement.
h. The parties anticipate that KELLER will construct a new Animal
Shelter /Adoption Center at the KELLER police facility at 330 Rufe Snow Drive.
The project is scheduled to be completed on or about October of 2014. The
facility is planned to be a 9,400 square foot facility. The parties agree that the
additional construction cost to make it a regional facility to serve the cities of
SOUTHLAKE and COLLEYVILLE, for purposes of this Agreement, is
$400,000. As part of the yearly operating budget for Animal Control and Shelter
Services, Keller will assess this additional construction cost, amortized over 20
years (i.e. $20,000 each year), to SOUTHLAKE and COLLEYVILLE through a
Capital Cost Payment, with Southlake paying 60% annually ($11,000) and
Colleyville paying 40% annually ($9,000). The payment of this capital cost will
insure that the cities of SOUTHLAKE and COLLEYVILLE will always be
guaranteed space for dog and cats for their respective cities throughout the term
of this agreement.
i. Should another city wish to participate in the Regional Animal Control and
Shelter Services effort, KELLER, SOUTHLAKE, and COLLEYVILLE would
have to agree to make the requesting city a member of the Regional Animal
Control and Shelter Services and calculate the new cost share formulas and
amend this Interlocal Agreement. In such event, the fees collected by or on
behalf of KELLER, SOUTHLAKE, and COLLEYVILLE for animal control
services shall continue to be deposited in the above - described enterprise fund and
considered revenue which will be credited towards expenses of operating the
Animal Shelter.
KELLER shall notify SOUTHLAKE and COLLEYVILLE of the anticipated
costs of the Animal Control and Shelter Services and general and administrative
charges by May 30 of each fiscal year for budgeting and planning purposes. The
final costs will be determined and communicated in writing when the KELLER
City Council adopts the KELLER annual budget, but shall not exceed the
estimate by more than 5 %. The annual cost increase for SOUTHLAKE and
COLLEYVILLE under this Agreement shall not exceed the percentage increase
of the KELLER Police Department's annual operating budget.
k. In the event the SOUTHLAKE and COLLEYVILLE City Councils fail or refuse
to approve the annual payment amount set forth in this section by September 30,
prior to any fiscal year during the term of this Agreement, the Agreement shall be
deemed to be cancelled effective at the end of the then current fiscal year of
KELLER.
Section 7. Cancellation.
a. SOUTHLAKE and/or COLLEYVILLE shall have the right to terminate, based
on the provisions of this Agreement, if KELLER 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 and or COLLEYVILLE. If the Agreement is terminated under
this paragraph, KELLER shall be entitled to retain money already received
prorated to the period from the last payment until the date of breach, and shall
refund the remainder to SOUTHLAKE and or COLLEYVILLE.
b. After the initial twenty -four (24) months of this agreement, all parties shall have
the right to terminate this Agreement by giving written notice to KELLER at
least twenty -four (24) months prior to the beginning of the next Fiscal Year, i.e.,
October 1. All payments by SOUTHLAKE and or COLLEYVILLE to KELLER
shall continue until the cancellation date or as mutually agreed to by both parties.
Should either SOUTHLAKE or COLLEYVILLE choose to cancel this
Agreement the remaining city can choose to continue the Agreement with
KELLER with new cost sharing formulas developed at that time and mutually
agreed upon.
Section 8. Notices. All notices required or provided for in this Agreement shall be sent to
the following parties by certified mail — return receipt requested:
KELLER
Steve Polasek, City Manager
City of Keller
P.O. Box 770
Keller, TX 76244
COLLEYVILLE
Jennifer Fadden, City Manager
City of Colleyville
100 Main Street
Colleyville, TX. 76034
Section 9. Dispute Resolution.
SOUTHLAKE
Shana Yelverton, City Manager
City of Southlake
1400 Main Street
Southlake, TX 76092
a. All issues regarding the performance of Animal Control and Animal Shelter
services shall first be brought directly to the attention of the KELLER Chief of
Police or his authorized designee. Immediate performance complaints or
concerns should be addressed by communicating the problem to the on -duty
police supervisor.
b. In order to ensure an effective relationship between the parties and to provide the
best possible public services, the City Managers of KELLER, SOUTHLAKE and
COLLEYVILLE shall first attempt to amicably resolve any questions arising
under this Agreement.
C. Any issues not resolved hereunder may be referred to the respective governing
bodies for resolution and if necessary, the parties agree to the appointment of a
mediator certified by the courts of Tarrant County to assist in resolving said
dispute as a prerequisite to the filing of any lawsuit over such issues.
Section 10. Venue. This agreement is performable in Tarrant County, Texas, and venue
for any legal dispute arising pursuant to this Agreement shall lie in Tarrant County, Texas. No
litigation shall be commenced prior to the completion of mediation in accordance with Section 9.
Section 11. Independent Contractor. The parties mutually agree that KELLER is an
independent contractor, and shall have exclusive control of performance hereunder, and that
employees of KELLER in no way are to be considered employees of SOUTHLAKE or
COLLEYVILLE. The employment rights of KELLER personnel assigned under this agreement
will not be abridged.
Section 12. Indemnity.
a. To the extent allowed by law, KELLER hereby agrees to indemnify and
otherwise hold harmless SOUTHLAKE and COLLEYVILLE, 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 kind 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 KELLER's performance of
services under this agreement, including any intentional or negligent acts or
omissions of KELLER's officials, officers, agents or employees relating to or
arising out of the performance of the services.
b. KELLER, SOUTHLAKE AND COLLEYVILLE each agree to accept full
responsibility for the actions of their own officers, agents and employees in the
performance of Animal Control Services under this agreement, and each party
hereby agrees to release and hold harmless and, to the extent allowed by law,
indemnify the other parties, their officers, agents and employees, in both their
public and private capacities, against all liability claims, suits, demands, losses,
damages, attorney fees, including all expense of litigation or settlement, or causes
of action of any kind 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 performance of Animal Control
services, or in the performance or use of Animal Shelter services or facilities
under this Agreement.
Section 13. No Waiver of Immunity. It is expressly understood and agreed that, in the
execution of this Agreement, KELLER, SOUTHLAKE and COLLEYVILLE 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.
Section 14. No Third -Party Beneficiaries. By entering into this Agreement, KELLER,
SOUTHLAKE and COLLEYVILLE 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, except that the parties' officers, agents and employees are intended beneficiaries ofSection
12 above.
Section 15. Jurisdiction. By this agreement, SOUTHLAKE AND COLLEYVILLE grants
full and complete authorization and jurisdiction to KELLER Animal Control Officers for the
enforcement of all applicable state and municipal laws and ordinances involving domestic animal
control within the participating cities' city limits, including the authority to issue citations and to
make appearances in the participating cities' respective municipal courts of record.
Section 16. Natural Disasters and Casualty Losses. KELLER will fully insure the
Regional Animal Shelter and associated personal property against damage due to a natural or a
man -made disaster, either through KELLER's private insurance carrier or through a program of
self - insurance. In the event that the Regional Animal Shelter is damaged due to a natural or a
manmade disaster and is rendered unusable, KELLER will promptly commence to repair or
rebuild the Regional Animal Shelter or construct a similarly sized and equipped new facility, and,
in the interim, shall have a contingency plan to continue to provide the services KELLER is to
provide under this Agreement at another facility within Northeast Tarrant County, at no
additional cost to the other participating cities.
Section 15. Renewal and Amendment. Annually, at the time the cost for Animal Control
and Shelter services are re- calculated, this Agreement will be reviewed by all parties for needed
clarification and or revisions. This Agreement may only be modified, changed or altered at any
time, upon mutual agreement of parties, provided that any such modification, change and/or
alteration be reduced to writing, and approved by the governing bodies of KELLER,
SOUTHLAKE and COLLEYVILLE.
Section 16. This Agreement has been approved by the governing bodies of KELLER,
SOUTHLAKE and COLLEYVILLE respectively. The execution of this Agreement has been
authorized by an act of the governing bodies of KELLER, SOUTHLAKE and COLLEYVILLE at
a duly called and posted meeting.
IN WITNESS WHEREOF, we have hereunto set our hands this the day of ,
2012, in duplicate originals.
CITY OF KELLER, TEXAS CITY OF SOUTHLAKE, TEXAS
By: P.G. McGrail
Mayor
By: John Terrell
Mayor
By: Steve Polasek
City Manager
ATTEST:
By: Sheila Stephens
City Secretary
CITY OF COLLEVVILLE, TEXAS
By: David Kelly
Mayor
By: Jennifer Fadden
City Manager
ATTEST:
By: Cynthia Singleton
City Secretary
By: Shana Yelverton
City Manager
ATTEST:
By: Alicia Richardson
City Secretary
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APPROVED AS TO FORM:
By: L. Stanton Lowry By: Allen Taylor
City Attorney for Keller City Attorney for Southlake
By: Matthew Boyle
City Attorney for Colleyville
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EXIHBIT A
FISCAL YEAR 2012/2013
COMBINED ANIMAL CONTROL AND ANIMAL SHELTER BUDGET
And GENERAL AND ADMINISTRATIVE CHARGES
FOR SERVICES TO THE CITY OF SOUTHLAKE.
OPERATING BUDGET FOR KELLER/SOUTHLAKE /COLLEYVILLE ANIMAL
CONTROL AND ANIMAL SHELTER FISCAL YEAR 2012/2013
Animal Control $225,434
Animal Shelter Expenses $ 20,547
Includes three (3) full -time employee
equivalents (FTEs), and one (1) part-time equivalent; operations, building
capital and maintenance costs.
Annual Service Level for Animal Control at 26% cost share $ 58,613
Annual Service Level for Animal Shelter at 15% cost share $ 3,082
GENERAL AND ADMINISTRATIVE CHARGES (1) $ 4,847
Includes services of Police Administration and
Human Resources.
TOTAL ANNUAL COST FOR FISCAL YEAR 2012/13 $ 66,542
(1) PERCENT ( %) OF RESPECTIVE ANNUAL
OPERATING BUDGET USED:
Police Administration 1 %
Human Resources 0.4%
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