Item ~. 19 Consicieratinn anti disc~..rssion on Inter.local Agreement for Wnimal Control Services between f'.err Co~rnty and City of Ingram and a~_~thori:.e the Co~_rnty .7~_idge to siyn same. Tt-~is item was disc~_rssed b~_rt was recessed at this time. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Robert A. Denson OFFICE: County Judge MEETING DATE: September 25, 1995 SUBJECT: (PLEASE BE SPECIFIC) TIME PREFERRED: Consideration and discussion on Interlocal A~,reement for Animal Control Services between Kerr County and the Citv of Ingram and authorize the County Judge to sign same.. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: County Jude Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. -r ,~ n ~,,~ ~~~' G ~l-*~- ~~~~ Animal Control Contract (Dratt.~}p'P}~95) INTERLOCAL AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN RERR COUNTY AND THE CITY OF INGRAM This Agreement (herein "Agreement") is made by and between the City of Ingram (herein "City") and the County of Kerr (herein "County"), pursuant to the terms and provisions of Chpater 791 of the Texas Government Code (Interlocal Cooperation Act). ARTICLE 1 TERM 1.01 The initial term of this Agreement shall be from October 1, 1995 through September 30, 1996. 1.02 This Agreement shall be renewed automatically, without action by any party hereto, for successive periods of one (1) year each, commencing on October 1, 1996, unless notice of cancellation is given by any party hereto not less than sixty (60) days prior to the commencement of the renewal term in question. ARTICLE 2 PURPOSE 2.01 The purpose of this Agreement is for the County to provide animal control services, as that term is defined below, within the corporate limits of the City, pursuant to the terms of all currently existing and hereafter enacted City animal control ordinances, and all other applicable state laws and or County regulations. 2.02 The parties to this Agreement hereby agree that animal control services can be provided more efficiently and economically to all citizens of both parties by virtue of this Interlocal Agreement than such services could be provided independently by either entity. ARTICLE 3 "ANIMAL CONTROL SERVICES" DEFINED 3.01 "Animal Control Services," as used herein shall mean detention of live unrestrained, unowned or stray dogs or cats under the rules and regulations imposed for such detention by the Kerr County Animal Control Order, Ordinances of the City of Ingram, and state law. 3.02 Such animal control services shall specifically include detention of animals subject to quarantine, unless the animal in question is to be home quarantined. Animal Control Contract (Draft 8d~2lr97'f ARTICLE 4 CONTRACTED SERVICES 4.01 The County agrees to provide animal control services within the corporate limits of the City of Ingram during the term of this agreement, in return for the consideration set out below in Article 5. ARTICLE 5 CONSIDERATION 5.01 In return for the animal control services provided to the City pursuant to Article 4 of this Agreement, the City agrees to reimburse the County as follows: the City shall pay a monthly amount of $ to the County in return for the County's provision of animal control services. The first such payment shall be due and payable to the County on or before October 1, 1995, and each payment thereafter shall be due and payable on or before the first calendar day of each subsequent month during the contract period. ARTICLE 6 ANNUAL BUDGET 6.01 The County shall establish an annual budget covering the animal control services by the county and shall thereafter submit a report to the City of the County's actual costs of providing these services to the City, within thirty days of receiving a written request from the City, but in no event shall the County he required to provide such budget figures before July 1, 1996. ARTICLE 7 ACCESS TO RECORDS 7.01 The County's animal shelter services' books and records shall be available for inspection and copying by the City at reasonable times and upon reasonable request. ARTICLE 8 INDEPENDENT CONTRACTOR 8.01 In the performance of its obligations hereunder, the County is an independent contractor, with exclusive right to supervise, manage, control and direct the performance of animal control services. 2 Animal Control Contract (Draft 8yvQ,L45~ 8.02 The City shall look to the County for results only, and shall not have the right at any time to direct or supervise any County personnel, agents or employees in the performance of animal control services, nor as to the manner, means or methods in which the services are performed. ARTICLE 9 GENERAL PROVISIONS 9.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as though the invalid, illegal or unenforceable provision had never been contained herein. 9.02 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreements between the parties with respect to the subject matter hereof. Approved and adopted by Kerr County Commissioners' Court on this day of , 1995. ROBERT A. DENSON, KERB COUNTY JUDGE Attest: Pat Dye, Kerr County Clerk and Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas 3 Animal Control Contract (Draft-~R,4St5~1 Approved and adopted by the City Council for the City of Ingram on this day of , 1995. MAYOR CITY OF INGRAM Attest: City Clerk 4 ~~~rd-.s Animal Control Contract (Draft.~y~29}95) INTERLOCAL AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN KERR COUNTY AND THE CITY OF INGRAM This Agreement (herein "Agreement") is made by and between the City of Ingram (herein "City")~ and the County of Kerr (herein "County"), pursuant to the terms and provisions of Chpater 791 of the Texas Government Code (Interlocal Cooperation Act). ARTICLE 1 TERM 1.01 The initial term of this Agreement shall be from October 1, 1995 through September 30, 1996. 1.02 This Agreement shall be renewed automatically, without action by any party hereto, for successive periods of one (1) year each, commencing on October 1, 1996, unless notice of cancellation is given by any party hereto not less than sixty (60) days prior to the commencement of the renewal term in question. ARTICLE 2 PURPOSE 2.01 The purpose of this Agreement is for the County to provide animal control services, as that term is defined below, within the corporate limits of the City, pursuant to the terms of all currently existing and hereafter enacted City animal control ordinances, and all other applicable state laws and or County regulations. 2.02 The parties to this Agreement hereby agree that animal control services can be provided more efficiently and economically to all citizens of both parties by virtue of this Interlocal Agreement than such services could be provided independently by either entity. ARTICLE 3 "ANIMAL CONTROL SERVICES" DEFINED 3.01 "Animal Control Services," as used herein shall mean detention of live unrestrained, unowned or stray dogs or cats under the rules and regulations imposed for such detention by the Kerr County Animal Control Order, Ordinances of the City of Ingram, and state law. 3.02 Such animal control services shall specifically include detention of animals subject to quarantine, unless the animal in question is to be home quarantined. Animal Control Contract (Draft 8/~2ff~?~' ARTICLE 4 CONTRACTED SERVICES 4.01 The County agrees to provide animal control services within the corporate limits of the City of Ingram during the term of this agreement, in return for the consideration set out below in Article 5. ARTICLE 5 CONSIDERATION 5.01 In return for the animal control services provided to the City pursuant to Article 4 of this Agreement, the City agrees to reimburse the County as follows: the City shall pay a monthly amount of $ to the County in return for the County's provision of animal control services. The first such payment shall be due and payable to the County on or before October 1, 1995, and each payment thereafter shall be due and payable on or before the first calendar day of each subsequent month during the contract period. ARTICLE 6 ANNUAL BUDGET 6.01 The County shall establish an annual budget covering the animal control services by the county and shall thereafter submit a report to the City of the County's actual costs of providing these services to the City, within thirty days of receiving a written request from the City, but in no event shall the County he required to provide such budget figures before July 1, 1996. ARTICLE 7 ACCESS TO RECORDS 7.01 The County's animal shelter services' books and records shall be available for inspection and copying by the City at reasonable times and upon reasonable request. ARTICLE 8 INDEPENDENT CONTRACTOR 8.01 In the performance of its obligations hereunder, the County is an independent contractor, with exclusive right to supervise, manage, control and direct the performance of animal control services. 2 Animal Control Contract (Draft 8~~ 8.02 The City shall look to the County for results only, and shall not have the right at any time to direct or supervise any County personnel, agents or employees in the performance of animal control services, nor as to the manner, means or methods in which the services are performed. ARTICLE 9 GENERAL PROVISIONS 9.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as though the invalid, illegal or unenforceable provision had never been contained herein. 9.02 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreements between the parties with respect to the subject matter hereof. Approved and adopted by Kerr County Commissioners' Court on this day of , 1995. ROBERT A. DENSON, KERR COUNTY JUDGE Attest: Pat Dye, Kerr County Clerk and Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas 3 Animal Control Contract (Draft-8/~261,[Si~d ' Approved and adopted by the City Council for the City of Ingram on this day of , 1995. MAYOR CITY OF INGRAM Attest: City Clerk 4