ORDER NO. 29351 AMENDMENT OF ANIMAL CONTROL CONTRACT WITH CITY OF KERRVILLE Came to be heard this the 29th day of August, 2005, with a motion made by Commissioner Nicholson, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Amend the Animal Control Contract with the City of Kerrville which was offered June 27, 2005, including Item #6A to include sixty (60%) percent of the budget expense and six thousand ($6,000.00) dollars Administrative expense to be paid by the City of Kerrville, and to set a deadline of 5:00 p.m. on September 14, 2005 for the City of Kerrville's response to same. ~~ T COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz MEETING DATE: August 29, 2005 OFFICE: Commissioner, Pct. 3 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action, including amending and establishing deadlines for acceptance, on proposed Animal Control Contract with the City of Kerrville. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 3 ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: 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: ~~ ~ J ~ I 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. 5:00 P.M. previous Tuesday. ADMINISTRATIVE COST FOR ANIMAL CONTROL USING BUDGETS Animal Control Budget Total Budget Formula $209,802 divided by $17,193,892 Administrative Employees County Auditor (Department) Treasurer (Department) Maintenance Supervisor (Salary) Total Administrative Costs .0122 x $309,620 Animal Control Commissioners Court Formula $209,802 div ided by $3,772,625 Commissioner Nicholson (Salary) Court Administrative Asst. (Salary) Total Salaries Administrative Costs .0557 x $70,166 $209,802 $17,193,892 _ .0122 _ $309,620 _ $3,777 $209,802 $3,772,625 _ .0557 _ $70,166 _ $3,908 ADMINISTRATIVE COST FOR ANIMAL CONTROL USING NUMBER OF EMPLOYEES Animal Control Employees 5 Total number of County Employees 271 Formula 5 divided by 271 = .0185 Administrative Employees County Auditor (Department) Treasurer (Department) Maintenance Supervisor (Salary) Total = $309,620 Administrative Costs .0185 x $309,620 = $5728 Animal Control 5 Commissioners Court employees 10 Formula 5 divided by 54 = .083 Commissioner Nicholson (Salary) Court Administrative Asst. (Salary) Total Salaries = $70,166 Administrative Costs .093 x $70,166 = $6525 AGREEMENT BETWEEN KERB COUNTY, TEXAS AND CITY OF KERRVILLE, TEXAS REGARDING ANIMAL CONTROL SERVICES WHEREAS, Texas Health and Safety Code Section 826.016 authorizes the governing body of a municipality and the commissioners court of a county to enter into contracts with public entities to carry out the activities required or authorized under Chapter 826 of the Texas Health and Safety Code; and WHEREAS, in order preserve taxpayer funded resources through elimination of duplication, the County and the City in the enforcement of the Rabies Control Act and related city and county regulations promulgated pursuant to the authority of the Rabies Control Act and other State laws, the Commissioners Court of Kerr County, Texas and the City Council of the City of Kerrville, Texas, find it to be in the public interest that the County be responsible for the enforcement of animal control regulations within the City and County; NOW, THEREFORE, in consideration of the recitals set forth above and covenants expressed herein, and in accordance with Texas Health and Safety Section 826.016 and the Interlocal Cooperation Act, the City and County execute an agreement pursuant to Interlocal Cooperation Act (Texas Government Code Section 791.001) whereby the County agrees to operate an animal control facility for the mutual benefit of City and County, and the City and County hereby agree as follows: Purpose: The intent of this agreement is to establish the terms and conditions between City and County whereby County agrees to enforce animal control laws and regulations within City's incorporated limits to the extent County does not already possess exclusive jurisdiction for enforcement, including, but not limited to, enforcement o£ a. The Rabies Control Act; Article 10-I-3 Animal Regulations of the Code of Ordinances of the City, except The County shall not enforce Section (c) (7), (8), (9) and (10). c. Chapter 822 of the Texas Health and Safety Code, related to dangerous dogs, and other applicable state statutes of animals and animal diseases. 2. Enforcement of Zoning Regulations Excluded: This agreement does not require or authorize the County to enforce any provision of Title 11, Chapter 1 of the Code of Ordinances of the City of Kerrville, Texas ("zoning code") related to the use and development of property within the City's incorporated limits; however, in the event enforcement action taken by the City pursuant to zoning code results in a lawfully issued order that requires the removal of animals from property within the City's incorporated limits, County shall be responsible for taking possession of and removal of such animals pursuant to this Agreement if such action is otherwise legally authorized. Initial Term: The initial term of this Agreement shall begin October 1, 2005 and end September 30, 2006, subject to eazlier termination as provided herein. 4. Annual Extensions: This agreement shall be automatically renewed, without action by any party hereto, for successive periods of one yeaz each, commencing on October 1, 2006, and each yeaz thereafter, up to five successive years; unless notice of cancellation is given by either party in writing to the other party not later than ninety days prior to the commencement of the next renewal term. The scope of services may not be changed during any fiscal yeaz unless mutually agreed to in writing between the parties. Service: County agrees to provide the following services: a. Staff: County agrees to provide; i. Not fewer than two full-time animal control officers who, as a part of their regular duties, will conduct regular patrols within the city limits during weekday business hours, holidays excluded; ii. Emergency call-out during all times other than weekday business hours; iii. Call response to City and County residents' complaints within a reasonable time period. a. Facility: County shall furnish a Facility sufficient to meet State of Texas requirements and provide the services stated herein. b. Operation: County shall operate and maintain the Facility in compliance with State statutes, rules and regulations. Such operation shall include: 1. The Facility shall be open to the public for the delivery of animals five(5) days per week during norrnal business hours. 2. The Facility operator shall be on call outside of business hours in order to take emergency cases, and if necessary open the Facility to the public for such cases. 3. County shall provide routine daily care of animals at the Facility including weekends and holidays. 4. County shall provide adequate segregated quarters at the Facility for the quarantining of animals in bite cases and other emergency cases, as provided by State law and City and County ordinances. 5. County shall render euthanasia services pursuant to State law ,and City and County ordinances, and such that the Facility will be operated in an uncrowded manner. County will dispose of euthanized animals pursuant to State statutes. 6. County will accept for holding at the Facility stray dogs and cats from the public and from City and County animal control officers. 7. County will manage the reclamation of animals by their owners and the adoption of unclaimed animals by the public. c. Facility Fees: Fees charged those persons registering, reclaiming, or adopting an animal shall be deterrnined pursuant and subject to the budget approval process provided by State statute. 6. Consideration to County: City agrees to pay County for the services described herein as follows: a. The initial term of the agreement begins October 1, 2005 and ends September 30, 2006. City agrees to pay County sixty(60) percent of budgeted animal control expenses. City shall pay in advance one-twelth(1/12) of such payment on the first day of each month, commencing October 1, 2005. 7. Budget Approval and Disapproval: a. On or before July 30 of each yeaz, County shall provide City a proposed budget for providing animal control services for the County's next fiscal yeaz. City shall approve or disapprove the budget proposed by County on or before September 1 of that same year. b. If City approves the budget by September 1, or fails to take any action on the budget presented by County, the monthly payments due for said fiscal yeaz from City shall be based on said budget. c. If City disapproves the budget presented by County for the next fiscal year, City shall pay County during ensuing fiscal yeaz the monthly amount in agreement for the then current fiscal year. Upon City's disapproval of said budget, County shall have the option to either: i. Pay the balance of the animal control services costs as budgeted; or ii. Terminate this Agreement by providing written notice to City wherein said termination shall become effective ninety(90) days after delivery of notice to City. Such termination shall be without penalty or expense to City of any kind; provided, however, City shall continue to pay County the monthly amount required by this agreement during the ninety(90) day period. d. Payments by City hereunder shall be made only out of current revenues pursuant to the Interlocal Cooperation Act. 8. City Animal Control Revenues: During the terms of this Agreement and any extension thereof: a. County shall be responsible for issuing and collecting for animal licenses for those animals whose owners reside within the City limits and shall retain the revenue derived therefrom. b. County animal control officers shall file all Class "C" misdemeanors related to violation of animal control regulations, as defined in section 1(c) of this agreement, that occur within the City limits of Kerrville, in the City of Kerrville Municipal Court, but only if the case is: i. One over which exclusive jurisdiction does not lie with the County; and ii. Would have been filed in Municipal Court had City and County not entered this agreement. c. County shall maintain confidentiality of certain information in dog and cat registry pursuant to Texas Health and Safety Code chapter 826. 9. Appointment of Local Rabies Control Authority: During the term of this agreement, City agrees that the person appointed by the County to serve as the Local Rabies Control Authority shall be the local rabies control authority for the City of Kerrville for purposes of the Rabies Control Act. City shall have the right to terminate this agreement upon providing 180 days written notice to County if City does not concur in the appointment of the person County selects as the local rabies control authority. 10. Default: a. In the event of default by County in the performance of its obligations hereunder, and County fails to cure such default within thirty(30) days after receipt of written notice from City, City, at its option, and without prejudice to any other remedy City may have for County's breach of this Agreement, may terminate this Agreement not earlier than thirty(30) days after delivering written notice of termination to County. b. In the event that City fails to make the monthly payments required hereunder and such failure is not cured within thirty(30) days after receiving written notice from County, County, at its option, and without prejudice to any other remedy County may have for City's breach of this Agreement, may terminate this Agreement not eazlier than thirty(30) days after delivering written notice of termination to City. 11. Independent Operations: In the performance of its obligations hereunder, County has the exclusive right to supervise, manage, control, and direct its employees in the performance of the services hereunder. City shall look to County for results only and shall not have the right to direct the County or any of its officers or employees in the performance of such services or as to the manner, means, or methods in which the services are performed except as herein expressly provided. 12. No Assignment: This contract shall be binding upon parties hereto: provided, however, that neither the City nor the County shall assign, sublet, or transfer their interest in this contract without the prior written consent of the other. 13. Applicable Law: This contract has been made in and shall be construed in accordance with the laws of the State of Texas. Venue shall be in Kerr County, Texas. 14. Notice: Notice to City provided herein shall be sufficient if sent by first class mail, postage prepaid to : City Manager's Office City of Kerrville 800 Junction Highway Kerrville, Texas 78028 and notices to County, if sent by first class mail, postage prepaid addressed to: County Judge Kerr county Courthouse 700 Main Street Kerrville, Texas 78028 or to such other addresses as the parties may designate to each other in writing. 15. This agreement is subject to the Texas Public Information Act. SIGNED and AGREED on the dates indicated by the parties below. CITY OF KERRVILLE, TEXAS sy Mayor ATTEST: City Clerk COUNTY OF KERB, TEXAS By County Judge Date: ATTEST: County Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney County Attorney KERRCDIX(IYTREASURER 8UD6ETARY ACCDUNTIN6 SYSTEN 07:46:1515 API Expenditure RE~6T Norksheet by Function far Fiscal 85-86 ~TERAL, ALL FIACIIONS, RABIES 6 Fk1IMAl CONTROL Page 83-84 84-85 84-85 83/31/85 84-85 85-86 85- ~ine Itea aid Description ................. ..Actual.. Qrg Budget Cur Budget .YID Exp.. .Est Actual. .Requested.. RecoeeE 18-642 ~ .- 183 FACILITY MANA~R 29 882 ~ 955 30 955 18 775 `"~~' 184 ANIMAL CONTIKX. OFFICER 185 ASST. ANIMAL CONTIKIL OFFICER 186 KENNEL IAIAO=R 188 PART-TINE SALfBtY 112 OVERTIME 201 FICA EXPENSE 282 GROUP INSURANCE 283 RETIRENENi 224 VET SERVICES 384 PDSTRSE J318 ITfFICE SUPPLIES 311 PHOTOCOPY SUPPLIES 355 BOOKS-PI~LICATIa15-DIES 316 UNIF~815,BOOTS 338 OPERATING EXPQGE 331 VEHICLE GAS, OIL 3 NAIN1FIiANCE 428 TELEPHQE 440 UiILITIE5 453 RADIO FEPAIRS 461 LEASE COPIER 480 INSURANIE 485 COlFEIEIYCES 44,388 18,867 18,679 3,019 1,312 7,356 27,397 9,853 ~~ 711 891 8 8 2,846 8,278 9,765 2, 918 3,956 112 46,887 19,434 19,838 3,488 2,808 9,305 24, 780 9,183 5,880 908 9W 158 ~~ ~~ 8,798 3,888 5,580 380 883 798 890 1,188 121 ~ 46,887 19,434 19,838 3,480 2,800 4,385 29,788 9,183 5,888 980 980 158 2,688 ~~ 8,758 3,808 ~~ 388 758 1,188 500 5}62 COMPIIiER SOFTNARE 0 258 250 365 COMPUTER SUPPLIES B ~ ~I nCD ua2.~-~ 1 ~~v m~eh.t~ ~- ~ane~Ce:u~,~ ~o~ 26,932 '~, ; Ory~ 10,034 ~a~, 9a~" 9,480 ~9~ q/9" 1,582 _ . , _ " 807 o2i ~j " 4,444 9~~ 14,417 3 S<~ " 4, 762 9~, 1,812 ~~-~ 300 l°cb. ~ " 0 -' 8 887 " 2,828 'yOGY~, 4,872 ~/ ODD. 1,447 aoo. " 2,114 QQ 148 288 1,838 /~ /~ " ~ ~~ 0 8 ' KERRCDUNTYTREASUI~R BUDLiETRRY RCCDUNTIN6 SYSTEM Expenditure tE:DUE5T Norksheet 6y Function far Fiscal fiETERR~, RLL FUNCIIDNS, RRBIE5 E WVIMRL CDNIRDL 87:46:15 I5 Pp' Page 834 84-85 84-05 83/31/85 84-85 85-86 85 Line Itee and Description ................. ..Nctual.. Drg Budget Cur Budget .YTD Exp.. .Est Pctual. .Requested.. Recant 18-642 569 OPERATING EDUIPMFM ? 8 500 508 173 ~~ ~i D6. _ 57@ CAPITAL OUiIAY 8 1,200 1,280 1,113 _ Total for RABIES E ANIlWL caNraal 194,713 289,882 209,882 180,860 Ba~5,3g3 8 F A Kerr County Animal Control Budget 2004-2005 Animal Control Only 1 ACO with benefits & uniforms 1 ACO with benefits & uniforms 1 Assistant ACO with benefits & uniforms 4 Trucks oil, gas, maint, & insurance Training for 3 officers 40% City of Kerrville Contract Animal Control Only Less City of Ingram per contract City of Kerrville share of Animal Control Animal Shelter Only Facility Manager with benefits & uniforms Kennel Worker with benefits & uniforms Part Time weekends & holidays Overall Operating Expenses TOTAL TOTAL TOTAL 40% City of Kerrville Cornract Animal Shelter Only Less City Sewer and Water line per contract City of Kerrville share of Animal Shelter TOTAL ANIMAL CON'T`ROL ANIMAL SI~LTER CITY OF RERRVII.LE COST TOTAL Proposed 2.5% Cola 33,378.00 32,730.00 29,162.00 10,700.00 600.00 106,570.00 42,628.00 3000.00 39,628.00 41,254.00 28,687.00 3400.00 24450.00 97,791.00 39,116.00 2.400.00 36,716.00 39,628.00 36 716.00 76,344.00 le'1®1\ d~ I ~ I L' H.RL 1~ V l~'117H1-~IS 1 AlvIMALS PICKED [JP CURRENT FISCAL Y.T.D Cats from City ofICemrille ~ ~Oq Dogs finm City of Kerrville ~__ ~ 1 ~ ' Bites from City of Kerrville ~_ a~ Cats fiom Kerr County 13 ~~~_ Dogs from Kerr County ~_ ~ 4 Bites from Kerr County 1 l R Cats finm City of Ingram ~_ i ~, Dogs finm City of Ingram lA Bites from City of Ingram ~_ Cats received at abetter a ~ a7 3 Dogs received at sl~lter ~_ a.'SO Cats from out of County ~ ~ A Dogs firm out of County I l ~l TOTAL ~Q5 i 3910 Disposition Of Animate Adopted .~ 1 I y Euthanized 1 i ~- ~l o~ Reclaimed _~~ ~`~~. Hold Overs ~~ ~dt! . City County YTD City YTD County Other Bite/tQuarantines 1 1 5 ~_ Dead Animals ~l f 1 fib, l0 WildAninrrals ~ t5 lay It51 Injured Animals ~ _ ~ ~~ , _~ Livestock ~ _ ~_ 3 (n Law Enforcemerrt Assist S ~ ati i5 Other calls t, ~_ i ~~ 8!Q Citations Issued t ~_ ~- u U'Il. ~ ~?~ ~~Z Miles Driven o~q ~ ~ `