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Home My WebLink AboutR85-947RESOLUTION NO. R85-947 A RESOLUTION OF THE CITY COUNCIL OF PLAINVIEWf TEXAS AUTHORIZING THE MAYOR TO EX~CU~E AN ANIMAL CONTROL AG~k~qT BETWRRN THE CITY OF PLAINVIEW AND HALF. COUNTY. WHEREAS, the City of Plainview has within its organization certain personnel who are trained and possess skills in the area of Animal Control; and WHEREAS, the City of Plainview has the proper equipment and facilities to support the personnel who are trained and poSsess skills in the area of Animal Control; and WHEREAS, Hale County has need for Animal Control Services outside of the corporate limits of the City of Plainview; and %~HEREAS, both the City and County believe that the sharing of the cost associated with the providing Animal Control Services for the purpose of serving both said entities would be in the mutual benefit of the City and County; WHEREAS, a copy of the Animal Control ~3reement is attached and hereby mde a permanent part of this resolution: NOW, THEREFORE BE IT RESOLVED by the City Council of Plainview, Texas that its Mayor is hereby authorized to execute the attached Animal Control Agreement between the City of Plainview and Hale County. PASSED AND APPROVED this the 10th day of December, 1985. WALTER S. DOD-S~N, Cl~ty Clerk STATE OF TEXAS COUNTY OF HAT.V. THIS AGRa, made and entered into this First day of October,. 1985 by and between the CITY OF PLAI~ a hcmerule municipal corporation of the State of Texas (hereinafter called "CITY") and the COUNTY OF HALR, a political subdivision of the State of Texas (hereinafter called "COUArfY"), each acting herein by and through its duly authorized officials; WHEREAS, CITY has within its organization certain personnel who are trained and possess skills in the area of Animal Control; WHEREAS;-CITY has the proper equipment and facilities to support the personnel who are trained and possess skills in the area of Animal Control; WHEREAS, COUNTY has a need for Animal Control services outside the corporate limits of the CITY; WHEREAS, both CITY and COUNTY believe that the sharing of the cost associated with providing Animal .ContrOl services for the purpose of serving both of said entities would be. in the nutuai' benefit of the parties; NOW, THEREFORE, in consideration of the premises and of the terms, provisions, and.mutual premises herein contained, it is mutually agreed as follows: SECTION 1: SERVICES; CITY hereby agrees to provide personnel, facilities and equipment from its organization, to the extent hereinafter described, for the purpose of performing the following ennumerated services on behalf of COUNTY to-wit: CITY will respond to a request from the COUNTY Sheriff's Office to respond to animal control calls within three (3) miles of the corporate limits of CITY. All CITY personnel must be accompanied by an officer from th~ ~ Sheriff's Depa~-~nt before they leave CITY limits to respond to a call. Any calls for service outside the three (3) mile limit must have .the prior approval of either the CITY Manager, Director of Municipal Safety and Environment or the Officer in charge for CITY' Police Department. SECTION 2: QUALIFICATIONS: A. CITY hereby represents that the persons described-in Section 1 are qualified by training and experience to perform the duties %~ich said persons are employed to perform, said duties being more specifically described .and the 'job specifications contained in the personnel classification manual of CITY, which specifications are incorporated herein by reference. B. CITY agrees that it shall maintain in force during the term of this agreement all licenses or certifications required either by law or by the said job specifications with regard to all persons performing services pursuant to this agreement. SECEION 3: COMPENSATION; COUNTY agrees to pay to CITY in consideration hereof, for the services provided hereunder, a sum of money equal to the following: -2- A. Any call outside CITY limits shall carry a minimum charge of $41.00. The $41.00 charge shall cover the first one hour of service and all time over one hour shall be charged in fifteen minutes increments, at a rate of $10.25~ Any time less than a full fifteen minute increment shall bear the full charge. This rate shall apply during regular business hours of CITY from 8:00 a.m. till 5:00 p.m. on ~kdays. B. After hours calls on weekdays, weekends or holidays sb~ll bear a minimum charge of $50.00 per hour with all charges over one hour being charged in fifteen minute incrs~ents at a rate of $12.50. Any time less than a full fifteen minute increment ~ shall bear the full charge. C. A rabie guarantine case with a 10-day holding period shall bear a charge of $50.00. D. Shipping heads to the State Department of Health for rabies analysis shall'bear a charge of $20.00. E. The humane disposal of animals shall bear a charge of $7.00. F. If COUNTY Official requests that CITY meet a representative at CITY Animal Control Shelter. in order to impound an animal or provide other services the charge shall be $20.00 S~CTION 4: PAYMENT; RECORDS; Payments provided to be made in Section 3 hereof shall be on a monthly basis and shall be paid within fifteen days after receipt by 'COUNTY of a statement from CITY listing the services, hours and cost for the billing period covered by each statement. CITY shall make available to COUNTY at any reasonable time its records pertaining to payroll or other cost, hours worked, or other records bearing on the consideration to be paid under this agreement. --3~ CITY shall adjusts its cost to cover all "actual cost" involved in providing these services, with COUNTY review, effective October 1 of each succeeding year. SECTION 5: SUPERVISION; It is agreed that any employee performing services pursuant to this agreement shall be subject to the general supervisi°n of COUhS~ Sheriff or his designee, to the extent that the latter person shall make assignments of specific task to be performed within the scope of the services described in Section 1 hereof. However, it is expressly understood and agreed that any and all City Personnel d~scribed in said Section 1 are and shall be at all times deemed employees of CITY for the purpose of any personnel consideration such as compensation, other benefits, job qualifications, promotion, demotion or dismissal. SECTION 6: L/ABILITY; Not withstanding the provisions of Section 5 hereof, (XYJNTY does hereby agree to indemnify and hold harmless City from and against any and all claims for damage to property or injuries to persons which may be asserted by any third party arising from the conduct of persons performing duties on behalf of COUNTY pursuant to this agreement. SECTION 7: LIMITATIONS'; CITY. reserves the right to refuse to answer any call pursuant to this agr~t in the event the Animal Control Officer or Administrative Personnel of CITY shall determine that the health, safety and welfare of the citizens of CITY would be -4- endangered by the dispatching of men and equipraent outside of the corporate limits. The Animal Control Officer or Administrative Personnel of CITY shall be the sole Judge of the type and amount of equipment and manpower dispatched to calls pursuant to this agreement and said Animal Control Officer or his designate shall be in charge of the Animal Control techniques used in response to any of said Calls. SECTION 8: TERM. This agreea~nt shall be in effect frc~ and after the first day of October, 1985, and may be terminated thereafter at the end of any billing period (as described, in Section 4) by either party upon thirty days written notice. EXECUTED in duplicate original counterparts on the day of , 1985. CITY O P BY: MAYOR COUNTY OF HALE BY: