R-3563-4-18RESOLUTION NO. 3563-4-18(R)
' A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE
ATTACHED INTERLOCAL AGREEMENT FOR ANIMAL CONTROL SERVICES;
AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENT FOR
ANIMAL CONTROL SERVICES BY THE CITY MANAGER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Natural and manmade disasters can greatly impact governmental operations as demonstrated by
the 2015 tornados in the Cities of Garland and Rowlett and again during the hail storm that stack the City of
Wylie in 2016; and,
WHEREAS, Natural and manmade disasters can have a significant impact on animal control services and the
pets that live in the affected communities; and,
WHEREAS, the City of Allen has a desire to help other governmental entities or be helped by other
governmental entities with animal control services in the event of a natural or manmade disaster; and,
WHEREAS, the Interlocal Cooperation Act, Chapter 791, of the Texas Government Code, authorizes units of
local government to contract with one or more units of local government to perform governmental functions
and services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
' COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The terms and conditions of the attached Interlocal Agreement has been reviewed by the City
Council of the City of Allen, Texas, and are hereby in all things approved.
SECTION 2. The City Manager is hereby authorized to execute the attached Interlocal Agree for Animal
Control Services.
SECTION 3. This Resolution shall become effective from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 16m DAY OF APRIL 2018.
APPROVED:
Stephen erre6, MAYORT
ATTEST:
INTERLOCAL COOPERATION AGREEMENT
FOR ANIMAL CONTROL SERVICES
This Interlocal Agreement (the "Agreement") is by and among the undersigned
Participating Entities, each a "Party" and collectively the "Parties," acting by and through their
authorized representatives.
RECITALS
WHEREAS, Chapter 791, the Interlocal Cooperation Act (the "Act"), of the Texas
Government Code provides authorization for local governments to contract with one another to
provide governmental functions, mutual aid and services under the terms of the Act; and
WHEREAS, the provision of animal control services are governmental functions and
services under the terms of the Act; and
WHEREAS, the governing body of each Participating Entity in this Agreement desires to
promote the health, safety and welfare of its citizens by engaging other local animal control
authorities to assist with Animal Control Services in the event of an Emergency or Disaster;and
WHEREAS,the governing body of each Participating Entity believes that this Agreement
is necessary for the benefit of the public and that each Participating Entity has the legal authority
to provide governmental functions and services that are the subject of the Agreement; and
WHEREAS, any payment that a Party is required to make hereunder shall be made from
current, available revenue.
NOW, THEREFORE, upon and for the mutual consideration stated herein and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Parties
agree as follows:
Article I
Definitions
Unless the context clearly indicates otherwise, the following words and phrases used in this
Agreement shall have the following meaning:
"Animal" shall mean any small domesticated creature, including, but not limited to, dogs,
cats,birds, fish, mammals, reptiles, insects, and fowls.
"Animal Control Services" shall mean the services provided by a Party in response to a
complaint or report that are necessary to effectively carry out an animal control program. Animal
Control Services shall include, but not be limited to: the humane capture and sheltering of stray,
unrestrained,homeless, abandoned, or unwanted animals and the humane transportation of captured
animals to the Animal Shelter; response to calls regarding wild animals in residences; response to
calls regarding animal bites and scratches, including the initial investigation of such incidents; and
the capture of biting animals for state-mandated rabies quarantine observation by the Local Rabies
Page 1 Interlocal Cooperation Agreement
for Animal Control Services
Control Authority. Animal Control Services do not include trapping nuisance animals, horses, or
livestock or removal of deceased animals. No Participating Entity shall be responsible for
conducting cruelty investigations or enforcement of criminal offenses through issuance of Notices
to Appear or filing Probable Cause Affidavits with the appropriate court.
"Animal Shelter" shall mean the Responding Entity's animal shelter facilities that keep or
legally impound stray, homeless, abandoned, or unwanted animals on behalf of their respective
cities.
"Coordinating Committee" shall mean a committee created to administer this Agreement
which shall be comprised of one (1) designated representative from each Participating Entity. The
Host Entity's representative shall serve as the presiding member of the Committee.
"Emergency or Disaster" shall mean an event or set of circumstances resulting from
disasters caused by all hazards, whether natural or man-made, and to provide support for search and
rescue operations for persons and property, including Animals and/or Livestock, in distress which:
(a) demands immediate action to preserve public health, protect life, protect property, or to provide
relief to the community overtaken by such occurrences; or (b) reaches such a dimension or degree
of destructiveness as to warrant any Participating Entity's mayor or the governor of the State of Texas
to declare a state of emergency or disaster.
"Host Entity" shall mean the City of Irving, Texas.
"Livestock"shall mean as set forth in the Texas Agriculture Code Section 1.003(3)and shall
include cattle, horses, mules, asses, sheep, goats, or domestic game birds.
"Participating Entity" shall mean a municipality and/or local government that executes this
Agreement.
"Responding Entity" shall mean the Participating Entity providing emergency Animal
Control Services under this Agreement.
"Requesting Entity" shall mean the Participating Entity that is in need of emergency Animal
Control Services under this Agreement.
Article II
Term
2.1 The Initial Term of this Agreement shall commence on June 1,2018 (the"Effective
Date")and continue for a period of one(1) year,unless sooner terminated as provided herein. This
Agreement shall automatically renew for successive one (1) year terms commencing on June ISt
of each year following the Effective Date (each a "Renewal Term"), unless sooner terminated as
provided herein.
22 A Participating Entity may terminate its participation in this Agreement by
providing thirty(30) days prior written notice of its request to terminate the Agreement to the Host
Entity. The written notice of intent to terminate shall be delivered by the Host Entity, in writing,to
the designated representative of each Party to this Agreement. Termination by one or more Parties
to this Agreement does not affect the Agreement as it applies to the remaining Parties.
Page 2 Interlocal Cooperation Agreement
for Animal Control Services
23 A Party's participation in this Agreement may be terminated for cause, including
failure to comply with the terms or conditions of this Agreement,by an affirmative vote of a simple
majority of the members of the Coordinating Committee. Upon termination under this section,the
Host Entity shall provide thirty(30)days' written notice to the Participating Entity which has been
removed following the Coordinating Committee's decision.
Article III
Responsibilities of the Parties
3.1 Requests for Animal Control Services. A Participating Entity may agree to provide
Animal Control Services for a Requesting Entity in the event the Requesting Entity has provided
notice that an Emergency or Disaster has or imminently will occur in its jurisdiction.
3.2 Designated Representative. Each Participating Entity shall select an individual to
serve as the designated representative for sending and receiving notification of an Emergency or
Disaster, and shall provide the individual's name, title, address, email address, telephone number,
and fax number to all other Participating Entities. The Participating Entities shall provide updated
designated representative information as needed.
3.3 Notification in the Event of an Emergency or Disaster. The Receiving Entity's
designated representative shall notify the Responding Entity's representative in writing via fax,
email, or written correspondence as soon as practicable after it is known that an Emergency or
Disaster has occurred or imminently will occur and emergency Animal Control Services are
needed in its jurisdiction. In the event that written notification is not possible due to the Emergency
or Disaster,notice may be provided by the Receiving Entity via direct telephone notification to the
Responding Entity's designated representative, provided that the Receiving Entity shall provide
notice in writing memorializing the date,time and nature of the telephone notice thereafter as soon
as practicable.
3.4 Custody and Care of Animals. The Responding Entity shall take possession of the
Animal(s) presented by the Receiving Entity and process the Animals following the same
procedures as would be used by the Responding Entity in processing the Animal(s) in its
jurisdiction, including providing the same quality of housing, food and services. The Responding
Entity shall provide all necessary staffing and personnel needs for the Animals held in its Animal
Shelter, unless otherwise agreed by both parties in writing.
3.5 Coordinating Committee. Except as otherwise provided herein, this Agreement
will be administered by a Coordinating Committee comprised of one(1)designated representative
from each Participating Entity.The Coordinating Committee shall have only the duties specifically
outlined in this Agreement and may adopt its own rules of procedure not inconsistent with this
Agreement. The Parties acknowledge and agree that the Coordinating Committee shall not be
construed as a board or committee appointed by a governing body and shall not be required to
comply with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas
Government Code.
3.6 Additional Parties. An eligible local government entity that desires to become a party to
this Agreement may submit a written request to become a participating entity to the designated
representative of the Host City. The Host City will forward the written request to the Coordinating
Page 3 Interlocal Cooperation Agreement
for Animal Control Services
Committee within thirty (30) days of any such request. An eligible entity shall only be entitled to
become a participating entity upon approval by a simple majority vote of the Coordinating
Committee. Notwithstanding approval of the Coordinating Committee, no entity will be deemed a
party hereto until such time as the entity has adopted and fully executed this Agreement in the
manner provided by law for such entity and has delivered a conformed copy of the same to the Host
Entity's designated representative.
Article IV
Costs, Recordkeeping and Right of Refusal
4.1 If a Receiving Entity requires Animal Control Services by a Responding Entity under
this Agreement that exceeds twelve (12) consecutive hours, the Receiving Entity shall, upon written
request,reimburse Responding Entity the actual costs of providing Animal Control Services,including
costs for personnel,operation and maintenance of equipment, damaged equipment,food,lodging, and
transportation,incurred by the Responding Entity in response to a request for reimbursement. Written
requests for reimbursement must be submitted as soon as practicable but in no event later than sixty
(60) days after Animal Control Services were provided. Such request shall identify with specificity
each service, labor, or equipment provided and the unit and total costs associated with each. The
Responding Entity shall be responsible for creating and maintaining for a period of three (3) years a
record of all costs incurred, both reimbursed and unreimbursed costs, in providing Animal Control
Services to a Participating Entity under this Agreement.
4.2 The Receiving Entity shall pay the reimbursement from available funds. If federal
money is available to pay costs associated with the provision of Animal Control Services under this
Agreement, the Receiving Entity shall make the claim for the eligible costs of the Responding Entity
on the Receiving Entity's application and shall disburse the federal share of the money to the
Responding Entity, with sufficient local funds to cover the actual costs of the Responding Entity in
providing assistance. Failure of Responding Entity to submit a request for reimbursement to
Receiving Entity within the specified time frame specified in Section 4.1 of this Agreement will result
in the Responding Entity not being reimbursed for the Animal Control Services provided unless the
Federal Emergency Management Agency (FEMA) extends the deadline for filing requests for
reimbursement. The Parties hereto recognize that each Party benefits from the existence of this
Agreement and expect that each will provide and receive emergency mutual aid for Animal Control
Services over the life of this Agreement. The Responding Entity may assume in whole or in part any
costs associated with the provision of Animal Control Services or may loan or donate equipment or
services to the Receiving Entity without charge or cost.
4.3 Each Participating Entity shall have the right to refuse to provide the Animal Control
Services required by this Agreement in the event that the Participating Entity, in its sole discretion,
determines that it does not or will not have the resources to provide the Animal Control Services under
this Agreement, including but not limited to, insufficient staffing to provide the Animal Control
Services or overcrowding at the Animal Shelter during the Emergency or Disaster.
Page 4 Interlocal Cooperation Agreement
for Animal Control Services
Article V
Liability and Immunity
5.1 Responsibility for Claims.The Parties agree,to the extent authorized under the constitution and
laws of the State of Texas and without waiving any immunity,right,protection,or defense to which
a Participating Entity may be entitled, that each Participating Entity shall only be responsible for
any claims for damages, costs, and expenses to a person or persons and/or property arising from or
caused by the act or omission of its respective officials, agents, representatives, and employees in
the performance of this Agreement,including but not limited to their acts of negligence or omission
in the provision of Animal Control Services or housing of animals, but only to the extent the Party
would otherwise be liable under Texas or federal law.
52 Joint Liability. In the event of joint or concurrent negligence of the Parties,
responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State
of Texas without, however, waiving any governmental immunity, right, protection, or defense
available to any Party individually under Texas law. Each Party shall be responsible for its sole
negligence. The provisions of this section are solely for the benefit of the Parties hereto and are
not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
53 It is expressly understood and agreed that in execution of this Agreement, no
Party waives,nor shall be deemed to have waived,immunity or defense that would otherwise
be available to it against claims arising in the exercise of governmental powers and functions.
By entering into this Agreement,the Parties do not create any obligations,express or implied,
other than those set forth herein,and this Agreement shall not create any rights for any third
parties not signatories hereto.
Article VI
Miscellaneous
6.1 Assignment. This Agreement may not be assigned by any Party hereto without the
prior written unanimous consent of the other Parties. No assignment, delegation of duties or
subcontract under this Agreement shall be effective without the prior written unanimous consent
of all Parties hereto.
62 Governing Law.The validity of this Agreement and any of its terms and provisions,
as well as the rights and duties of the Parties, shall be governed by the laws of the State of Texas;
and venue for any action arising as a result of this Agreement shall be in the state court of proper
jurisdiction of the Responding Entity.
63 Legal Construction. In the event that 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 the other provisions, and the
Agreement shall be construed as if such invalid,illegal or unenforceable provisions had never been
contained in this Agreement.
6.4 Amendment. This Agreement may not be amended except in writing executed by
all Parties at the time of amendment.
Page 5 Interlocal Cooperation Agreement
for Animal Control Services
65 Entire Agreement. This Agreement represents the entire Agreement among the
Parties with respect to the subject matter covered by this Agreement.
6.7 No Relationship Created. The Parties agree and acknowledge that no Party is an
agent of any other Party under this Agreement and that each Party is responsible for its own acts,
forbearance, negligence, and deeds, and for those of its agents or employees.
6.8 Rights of Third Parties. Nothing contained in this Agreement shall be construed to
create, and the Parties do not intend to create, any rights in or for the benefit of third parties.
6.9 Force Majeure. In the event that any Party shall be prevented from performing any
of its obligations under this Agreement by any act of God, war, right, civil commotion, strikes,
fires, flood or by the occurrence of any other event beyond the control of such Party, then such
Party shall be excused from the performance of the obligations in this Agreement but only during
such periods of Force Majeure.
6.10 Recitals. The recitals of this Agreement are incorporated herein.
6.11 Notice. All notices pertaining to this Agreement shall be in writing and shall be
deemed delivered (i) when received at a Party's address if hand delivered or sent via overnight
delivery service by way of USPS,UPS,FedEx,or similar carrier,or(ii) on the third(3rd)business
day after being deposited in the United States mail, postage prepaid, certified mail, return receipt
requested, addressed to the Parties at the respective notice addresses set forth below or at other
addresses as may have been previously specified by written notice delivered in accordance with
this Agreement.
6.12 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument,but all of the counterparts shall constitute one
and the same instrument.
[Signature Pages to Follow]
Page 6 Interlocal Cooperation Agreement
for Animal Control Services
EXECUTED this p day ofj--(Apf, 2018.
CITY OF ALLEN,TEXAS
By: 4...17 /40:—...
Peter H. V. gas, ity Manager
Attest:
By (\a!t V` t
ShelleyL
eorge, City�tary
Approved as to form:
By: �.,-
Peter G. Smith, City Attorney
Designated Representative for the City of Allen, Texas:
Animal Control Manager
205 W. McDermott
Allen, Texas 75013
214-509-4378
Page 7 Interlocal Cooperation Agreement
for Animal Control Services
EXECUTED this day of 12018.
CITY OF ARLINGTON,TEXAS
By:
, Mayor/City Manager
Attest:
By:
, City Secretary
Approved as to form:
By:
, City Attorney
Designated Representative for the City of Arlington, Texas:
Page 8 Interlocal Cooperation Agreement
for Animal Control Services
EXECUTED this day of •2018.
CITY OF CEDAR HILL,TEXAS
By:
, Mayor/City Manager
Attest:
By:
, City Secretary
Approved as to form:
By:
, [Legal Counsel]
Designated Representative for the City of Cedar Hill,Texas:
Page 9 Interlocal Cooperation Agreement
for Animal Control Services
EXECUTED this day of , 2018.
CITY OF CLEBURNE,TEXAS
By:
, Mayor/City Manager
Attest:
By:
, City Secretary
Approved as to form:
By:
, [Legal Counsel]
Designated Representative for the City of Cleburne, Texas:
Page 10 Interlocal Cooperation Agreement
for Animal Control Services
EXECUTED this day of , 2018.
CITY OF DESOTO,TEXAS
By:
Tarron J. Richardson, PhD, City Manager
Attest:
By:
Kisha Morris, City Secretary
Approved as to form:
By:
Joseph J. Gorfida, City Attorney
Designated Representative for the City of DeSoto, Texas:
Page 11 Interlocal Cooperation Agreement
for Animal Control Services
EXECUTED this day of , 2018.
CITY OF DUNCANVILLE,TEXAS
By:
Kevin Hugman, City Manager
Attest:
By:
Narva Walker, City Secretary
Approved as to form:
By:
Robert E. Hager, City Attorney
Designated Representative for the City of Duncanville, Texas:
Robert D. Brown
Police Chief
203 E. Wheatland Road
Duncanville, Texas 75116
Page 12 Interlocal Cooperation Agreement
for Animal Control Services
EXECUTED this day of , 2018.
CITY OF FARMERS BRANCH,TEXAS
By:
Charles S. Cox, City Manager
Attest:
By:
Amy Piukana, City Secretary
Approved as to form:
By:
Peter G. Smith, City Attorney
Designated Representative for the City of Farmers Branch, Texas:
Miguel Gauna
Animal Adoption Center Manager
3727 Valley View Lane
Farmers Branch, TX 75234
972-919-9881
Page 13 Interlocal Cooperation Agreement
for Animal Control Services
EXECUTED this day of ,2018.
CITY OF FRISCO,TEXAS
By:
, Mayor/City Manager
Attest:
By:
, City Secretary
Approved as to form:
By:
, [Legal Counsel]
Designated Representative for the City of Frisco, Texas:
Page 14 Interlocal Cooperation Agreement
for Animal Control Services
EXECUTED this day of , 2018.
CITY OF GRAND PRAIRIE,TEXAS
By:
, Mayor/City Manager
Attest:
By:
, City Secretary
Approved as to form:
By:
, City Attorney
Designated Representative for the City of Grand Prairie, Texas:
Page 15 Interlocal Cooperation Agreement
for Animal Control Services
EXECUTED this day of 2018.
CITY OF IRVING,TEXAS
By:
Richard H. Stopfer, Mayor
Attest:
By:
Shanae Jennings, City Secretary
Approved as to form:
By:
Kuruvilla Oommen, City Attorney
Designated Representative for the City of Irving, Texas:
Corey Price, Animal Services Manager
City of Irving Animal Services
4140 Valley View Lane
Irving, Texas 75038
Page 16 Interlocal Cooperation Agreement
for Animal Control Services
EXECUTED this day of , 2018.
CITY OF MESQUITE,TEXAS
By:
, Mayor/City Manager
Attest:
By:
, City Secretary
Approved as to form:
By:
, City Attorney
Designated Representative for the City of Mesquite, Texas:
Page 17 Interlocal Cooperation Agreement
for Animal Control Services
EXECUTED this day of , 2018.
CITY OF PLANO,TEXAS
By:
, Mayor/City Manager
Attest:
By:
City Secretary
Approved as to form:
By:
City Attorney
Designated Representative for the City of Plano, Texas:
Page 18 Interlocal Cooperation Agreement
for Animal Control Services
EXECUTED this day of • 2018.
CITY OF RICHARDSON,TEXAS
By:
Dan Johnson, City Manager
Attest:
By:
Aimee Nemer, City Secretary
Approved as to form:
By:
Peter G. Smith, City Attorney
Designated Representative for the City of Richardson, Texas:
Animal Control Manager
1330 Columbia Dr.
Richardson, TX 75081
974-744-4480
Page 19 Interlocal Cooperation Agreement
for Animal Control Services