HomeMy WebLinkAboutContract 28128„
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STATE D� YEXAS
COUMTIES OF TARRANT
A�lD DENTON
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�(iY ���f��T'�4R�f ���,
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[NTERLOCAL AC�����f�� �OR RA�I�S CONiROL
TH�S AGREEMENT by and befween t�e City of Fort Worth, a home-rule
municipai corporatian situated in Tarrant and Denton Counti�s, Texas, hereinafker
called "City'”, acting herein by and through L.ibby Wafson, its duly authorized Assistant
City Manager, and the City of Haslet, herei�after calied "Haslet", acting herein by and
tf�rough �rancis S. Leong, i#s tiuiy authorized Mayor.
WITNESSETH:
WHEREAS, VTCA, Go�ernment Code, Chapter 791, authorizes the formulation
of interfacal cooperation agreements between and among municipalities and counties;
for the performance of governmental functions and
WHEREAS, C�apter 826 of the Health and Safety Code, Vernon`s Texas Cades
Annotated, a�so known as the Rabies Control Act af �981, requires governing bodies of
each municipality to designate a local rabies control aufhority to enforce the Act and
minimum standards far rabies control adopted by the Texas Board of H�alth; and
WHEREAS, Section 826.016 of said Act aufhorizes a municipali�y to enter into
agreements w�th public en�ities to carry out aciivities required or authorized u�der the
Act; and
WHEREAS, Haslett wishes to participate in an interloca{ agreement with City for
the pur�ose of limited rabies control in the City o# Haslet; and -_
WHEREAS, Haslet and City mutually desire �o be subject to the provisions of
VTCA, Go�ernment Code, Chapter 791, also known as the {nterlocal Cooperation Act;
NOW, THEREFORE, it i� agreed as follows:
1.
PURPOSE
The purpose of this interlocal Agr�ement is ta enter into an agreement between
the City and Haslet whereby, subject to the terms and conditions hereinafter set forth
and the consideration specified below, City agrees to provide Haslet with limi�ed �abies
control services in the City af Haslet, and further that City agraes to provide for the
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impoundment and quarantine facitities for animals under the terms of this Agreement for
the benefit of Haslet.
2.
DEFINITIONS
For the purposes of this agreement, the following definitions shall ap�ly:
ACT shall mean the Rabies Contral Act of 1981, codifie� as Chapter 826 of the Healih
and Safety Cade, Vernon's Texas Codes Annotated.
ANIiVIAL shall mean a warm-btooded animal.
ANItiIIfAL CARE AND COfViRDL CENTER shall mean the facility aperated by the City
far the purpose of ir�pounding and caring for animals as pr�scribed by law located at
4900 Martin Street, For# Worth, Texas.
BITE shall mean a�ite or scra#ch capable of transmitting rabies, which is inflicted by an
animal on a human.
DA[VG�ROUS DOG shall mean a dag �hat makes an unprovoked attack on a persan
that causes bodily injury and occurs in a place nther than an enclosure in which the dog
was being kept and that was reasonably certain to prevent the dog from leaving the
enclosure on its own; or a dng thaf commits unpravoked acts in a plaee other than an
enclosure ir� which the dog was being kept and #hat was reasonably certain to prevent
khe cfog from leaving the enclosure on its ow�.
DAY shall mean a calendar day ar any part thereaf.
DOG shal{ mean canis familiaris.
PROHIBIYED ANIMAL shall mean:
(1 } Any animal not normally bor� and raised in captivity, including but not
limited to the fallowing:
a. Class Reptilia: �amily Helodermatida� (venomo�s lizards). and Family
Hydrophiidae {Venomous Marine snakes}; Family Viperidae (raftlesna�Ces,
pii vipers and true vipers); Family Elapidae (coral snakes, cobras, and
maml�as); Family Columbridae-�ispholidus Typus (boamslar�g); Bioga
Dendrophilia (mangrove snake) and K�rklandii (twig snake onlyj; Order
Crocodilia (such as cracodiles ar�d alligatars);
y b. Class Aves: Order Falconifarms (such as hawks, eagles, falcons and
vulkures);
c. Class Mammalia: Order Carnivores,
1. Family Felidea (such as lions, tigers, bobcats, jaguars, leopards and
cougars}, except eommonly domesticated cafs;
2. Family Canidae {such as wolves, dingas, coyat�s, foxes and jackals),
and any t�ybrid of an animal listed in h�s section except commanly
domesticated dogs;
3. Family Mustelida {such as weasels, skunlcs, martins, minics, badgers
and ottars) excepi ferrets; _ _
4. Family Procyonidae (such as raceoons and coati); ; . .,
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�. Family Ursidae (such as bears};
6. Marsupialia (such as kangaroosr O�OSSIlIT15, koala bears, wallabys,
bandicoots, and wombats);
7. Chiroperta (batsj;
S. Edentata (such as slaths, anteat�rs, and armadillo);
9. Probosidea (elephants);
10. Primata {such as monkeys, chimpanzees, orangutans, and gorillas};
1�. Rodentia (s�ch as beavers and porcupi�es); and
12. Ungulata (such as antelope, deer, bison and camels},
d. Class Amphibi: Poisonous frogs.
This class does not include Non Poisonous Reptiles or Non Poisonous
snakes and daes not include livestock, fowl or normal household pets,
such as but nof limited to dogs, cats, cockafie[s, ferrets, hamsters, guinea
pigs, gerbils, rabbits, or �sh.
QUARANTINE shall mean the strict confin�ment of a biting aniznal, in accordance with
the Act and the Rules.
RABIES shall mean a�n acute viral disease of man and aninnal a�'fecting the cenfral
nervous system and usually transrn.ztted by an at�imal bit�.
RULES s�all �ean tl�e rules adopted by the Texas Board of Health foz' rabies control and
eradication under 25 TAC § 1b9.21 et seq.
STRAY shall mean roaming with no physical restraint beyond the premises of az�
animal's owner or keeper.
3.
TERM
T�e term of fhis Agre�men� is for a periad of one (� } year commencing on
Oc�ober 1, 2002 and ending on September 30, 2003.
4.
SERVICES BY CITY
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A. Hou rs
Ci#y agrees to perform the services in Subsections B. and C. for Haslet in the
City of Haslet, between the hours of 8:00 a.m. and 4:00 p.m. only, Mondays
through Fridays only and excluding holidays, with no after hours service
providec�.
B. Calls F�or Service . . : , � . ,
City will screen and respond to the folfowing incoming calls ir� thl� �ril�nr��r.-and 'to
the extent that it deems appropriafe, including but not limited �o th�,im.pQumdm�nt
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of stiray animals, the euthanizing D� SICI( or injured animals, and the lcilling of
animals which cannot be captured safely and which present an immediate threat
to the health or safety of humans or c�omestic animals:
(1 } Reports of stray injured animals;
(2) Reports of stray dangerous dogs by handicapped or elderly
citizens;
{3) Reports by officials of public or private elementary and secondary
schools of stray animals upon or near school property; and
(4} Requests �y Haslet to patrol for stray animals in specific areas on a
limited basis.
C
Rabi�s Resqor�se
ln the manner and to the extent that it deems appropriafe and in accordance with
the Rules and the Act, Ci�y will:
(1)
{2)
Screerr incoming calls, take reports and investigate such reports of
bites or o# animals that are suspected of being rabid;
Place animals referred to it in C(1 } above in rabies quarantine or
euthanize such animals for rabies testEr�g;
(3j Process and ship otf�er animal heads for rabies testing which are
presented by Haslet to the City; and
(4} Provide surveillance and trapping of suspected bite animals and of
animals t�at are suspected of being rabid.
5.
DUTIES OF HASLET
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Haslet agrees that i# will retain al! responsibility for enforcem�nt of all aspects of
the Act not covered in Paragraph 4 of this Agreement, inc[udir�g criminal
enforcement.
B. Haslet agrees that it will pursue, at its discretion, the issuanc� and ex�cution af
warrants or oth�r court orders necessary for the se�zure of animals requiring
quarantine or testing under ParagrapF� 4C of this Agreement, whose awners have
~ failed or refused to place them for quarantine or testing. Haslet f�rther agrees
that City is nof required to pursue the issuance and execution of such warrants.
C. Haslet agrees to pro�ide City with three (3) dog traps and six (6} cat traps at the
commencement of this Agreement and will repiace any of such traps that are
stolen or destroyed within 3� days during the term of this Agreement. lf this
agreement is no� renewed, such traps will be r�turned to Haslet.
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6.
EMPOUNDMENT AND DISPOSITION OF ANIMALS
A. A live, stray animaE impounded by the City under this Agreement shall be held for
a period of not less than three (3) days, excluding the day it is impounded, unless
released earlier to its owner. A quarantined animal shali be held or presented far
testing according to #he Act and the Rules. ifi the animal is properly tagged, th�
City shall contact and notify the owner that the animal has been impounded.
B. Prior to the expiration of the impoundment period, the; City may des�ray an
impounded animaf if the City's Director ofi Public Health or ti�e Animal Care and
Control Center's veterinarian recommends and approves such action.
C. Impounded animals will be released to their owners upon:
(1) Proof of ownership;
(2) Praaf of idenfification;
(3) Payment of lcenne[ing fees;
(4} Pu�-ci�ase of a City I�cense tag ifi the animal is a dog or cat and the owner
resides within tf�e City; and
(5) Arranging for a rabies vaccination for the animal i� it is a dog or a cat and
its �accinafior� js not current.
D. The ow�ership o� impounded animals that have not been r�leased ta thei�
owners on the �xpiraiion of the impoun�ment period re�erts to the City, an� the
animals may be placed for adoption or euihaniz�d, at the �iscretion of the City,
E. All quarantined animals �rom Haslet not reclaimed by their owner will be
euthanized an� Haslet will be billed far the cost of quarantine, euthanization and
d�sposal.
7.
EXCLUSIONS
A. Nofhing in this Agreement shall be deemed as desigr�ating the City or an officer
or employee of the C�ty as the "local health autharity" or "local rabies control
authority" of the C�ty of Has�et as those terms are defined ar used in Title 1 Q,
y Hea�th and Safety Code, Vernon's Texas Codes Annotated.
B. Nothing in this Agr�ement shall be deemed as req€�iring the City to investigate
reports of dangerous dogs, to register dangerous dogs, or atherwise regulate
dangerous dogs in the City of Has[et, under the authority of Chapter 822
Subchapfer D. of the Health and Safety Code, Vemon's Texas Codes Annofated.
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C. Nothing in this Agreement shail be deemed as requiring the city to quarantine or
presen# for testing domestic animals that have beer� bitten by or directly expased
by physical contact to a rabid animal or its fresh tissues.
D. Citv shall not patrol for andlor impaUnd strav animals if hiaslet fails to
enac� and mainiain rules or ordinances pursuant to Section 826.a1 a and
826.033 of the Acf, tha� require �nimals to be re�trained at aCl times.
8.
RESPONSIBILITY FOR EMPLOYEES
City em�loyees who pro�ide services under this Agreem�nt are deemed to be
City employees when providing such services. City will exercise complete control over
#he hiring, training, s�pervision, and conduct of such employees. City wiii be
responsible for all wages and applicable payroll deductions, unemplayment taxes,
workers' campensation insurance, vacations, holidays, and fringe benefits for such
employees and for all uniforms, vehEcles, and equipment (except as provided in
Paragraph 5(C) of this Agreement) used by such employees for pro�iding services
under �his Agreement. Hasl�t shafl have no direct supervisory authority over such
employees except in emergency situations wh�re the exercise of su�ervisian by Haslet
becomes necessary. Regarding workers' compensa�ian insurance, the City shall not
waive its rignt to subrogate against Haslet for losses incurred in the course of City's
se�vices rendered to Haslet under this Agr�ement.
9.
CONSIDERATION
A. As fair compensation fior the services rendered by City to Haslet from October 1,
2002 through September 3a, 2003, Haslet agrees to pay City for ifs services based
on the scf�edule attached hereto as "Exhibit A", which is hereby i�corpora#ed as a
pari of this Agreement as if it were set forth at length. Cify may adj�st any fee listed
in "Exhibit A" during the #erm of this A�r�ement by giving Haslet 'f20 days notice.
Haslet will not pay City more than $2,500 total for services during the term of this
Agreement, and when such amo�nt is r�ached, City will cease pro�iding such
services. City agrees to provide the City of Haslet with an itemized monthly bill.
Haslet agrees to promptly pay such bifls upon presentation by the Cify, sUch
payments �o be made from curren# revenues available to Haslet. In the event of the
+ termination of this Agreement, City shall biil Haslet for any outstanding balance,
regardiess of the amount, and Haslet agrees to promptiy pay such bill.
B. Pursuant to the requirements of Government Code § 791.011(d){3), the amaunt due
City under subparagraph A. abo�e shall �e paid from revenues available to Haslet in
fiscal year 2002 through 2003.
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10.
FEES CHARGED ANlMAL OWNERS
Haslet hereby agrees that City may charge, or cause to be charged, the fees set
out in "Ex}�ibif B" to the owners of animals which have been impounded or quarantined.
"Exhibit B" is hereby �ncorporated as a part of this Agreement as if it were set forth at
I�ngth. City is hereby authorized to increase said fees d�ring the terms of this
agreement by g�ving Haslei 120 days notice. ff an animal's owner reclaims the animal
and pays the kenneling fees, then tfi�e City will nat charge Hasl�t for kenneling such
animai under the Fee Schedule in "Exhibit A". If a quara�fined animal's owner reclaims
the animal and pays the quarantine fees, then the City will not charge Haslet such fees.
A check written by an owner in payment of these fees is considered a contingent
payment. If the check w�itte� by an owner is subsequ�ntly dishonored, ihe check s�all
not be considered payment and Haslet shall be responsible fo Cify for the fees.
11.
L.fABILITfES
A. To fhe extent permitted
deaths, injuries or dise
personal injury or deat
relating to work provided
by law, Haslet shall be respflnsi�le for all work-related
ases of City smployees, and, for proPerty damage,
h caused by City of Haslet employees or vofunteers,
pursuant to this Agreement.
B. To the extent permitte� by law, City sha{I b� responsible for all work-related
deaths, injuries or diseases of City amployees, and, for property damage,
persona{ injury or death caused by City's own em�loyees or vo[unt�ers, relating
to work prov�ded pursuant to this Agreement.
C. Haslet shall be respansible for al[ pro�erty damages, personal ir�juries and deafh
arising from the use of City equipment ar�d �ehicles caused by Haslet em�loyees
or volunteers pursuant to this agreement, Furthermore, Haslet shall be
responsible for the repair or replacement of a{I such equipment and vehicles
damaged, destrayed, losf or stolen caused by Haslet employees or volunteers
du�ing tf�e provision of setvices hereunder.
D. City shall be responsible for all property damages, p�rsonal injuries and death
arising from the use of City equipment and vehicles caused by City employees or
valunteers pursuant ta this agreement. Furthermore, City shall be respansible for
the repair or r�placement pf all such equipment and vehicles damaged,
destroyed, lost or stolen eaus�d by City employees or volunteers during the
provision of services hereunder.
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12.
1MMUNITY & TH1RD PARTIES
A. It �s expr�ssly unders#ood and agreed that, in the execution of this Agreement,
neither City nor Hasfet waives, nor shafl be deemed her�by to waive, any
immunify or defense that waul�i otF�erwise be available to it against claims arising
in the exercise of go�ernmenfal powers and functions.
B. Nothir�g in this agreement shall be constr�ed to benefit any third party other than
an em�[oyee or officer of Haslet or City while in the performance of this
agreemer�t. TF�is Agreement may not �e construed to expand the liability of City
or Haslet beyond the scope of chapter �0� of the Texas Civil Pracfice and
Rem�dies Cod� unless specifically stated herein.
13.
TERMINATlON
[t is further agreed by and between City and Haslet tF�at City and Hasl�t shall
each ha�e t�e right to terminate fhis Agreement upon thirty {30) days written notice to
the other party.
14.
ENTIRETY
This Agreement contains all commitments and agreements of the parties h�reto,
and nv other oral or written commitments shal! have any force or effect if not contained
herein.
15.
MODIFkCATION
This Agreement may be modified by the mutual consent of the parties, if the
modificatian is in writing and signed by City and Has�et.
16.
SEVERABILITY
+ In case any one or more of the provisions contained in this Agreement shall for
any reason be held ta be invalid, illegal, ar unenforceable in any respec�, such invalidity,
illegality, or uner��orceability shall not affect any other pro�ision thereof and this
Agreement shall be construed as if such invalid, iflegal, or unenforceable provisions had
never been containec{ herein.
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17.
AIJTHORITY
This Agreement is made for City and Haslet as an Interlocal Agreement pursuant
to VTCA, Government Code, Ghapter 791.
�8.
AUTHOR1ZATfON
The undersigned officer� andlor agents of the parties hereto are prnperly
authorized officials and have the necessary authority to execute this Agre�m�nt on
behalf of the parti�s hereto, and each parky here�y ce�tifies to the other that any
necessary resolutions extending such autharify have been duly Passed and are now in
full force a�d effect.
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EXECUTED in triplicate this �' �" day of d C�� �
2002, in Fort Worth, Tarrant County, 1'exas.
CITY 0:�,�ORT WORTH
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L�y Watssn�
Assis�ant City Manager
APPROVED AS T4 FORM
CITY O� HASLET
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Mayar
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A sistant City Attarne�
ATTEST:
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�faria PearsQTn
City Secreta�ry
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��y����c� Au�horiza��on
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City Attorney
ATTEST:
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City Secretary ,
CR12D020930v1
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°Exhibit A"
SCHEDUL.E OF FEES PAID BY HASLET
DAILY BOARD FEE
Kenneling {per dog, cat or other small animal}
Quaraniine (per animai}
SERVICE CALLS AND RABIES RESPONSE
(Excluding head preparation and shipment)
Per Staff Hourly Charge
HEAD PREPARATI�N AND SHIPMENT
Per Animal Head
EDUCATIONAL SERVICES
Per 5taff Hourly Charge
EUTHANIZATlON AND DISPOSAL
Per animal
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$ � 2.00 per day
$1$.�p per day
$56.D0
$56.C}Q
$5fi.00
$12.OQ
"EXHIBIT B"
CITY'S ANIMAL CARE AND C�NTR�L'S SCHEDULE OF
FEES TO BE PAID BY ANIMAL OWNERS FOR RECLAIMED ANIMALS
RAB{ES VACCINATION FEE
Per reclaimed dog or cat
DAILY BQARD FEES:
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Kenneling (dog, cat, small animal)
Kenneling (other than dogs, cats ar small animal)
Quarantined animals
ti� ' 11
$12.00 per day
$12.00 per day
$18.00 per day
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C'ity of'�o�t �or�h9 �exaes
ay�r �d Ga���i� ����r��lca�i��
DATE REFERENCE NUMBER LOG NAM� PAGE
913102 *�������6 SQRABIES 1 of2
5UE3JECT INTERLOCA�. AGREEMENT BETWEEN TH� C1TY OF F'ORT WORTH AND OTHER
TARRANT COUNTY MUN[CIPALITIES FOR THE PURPOSE OF RABIES CONTROI.
AND RABIES SPECIMEN SHIPMENT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to accept and execute Interlocal
Agreements between the City of Fort Worth and other Tarrant Caunty municipalities fior the purpose of
rabies con#ral and rabies specimen shipment fram October 1, 2002, through 5eptember 30, 2003.
DISCIJSSION:
The Animal Care and Control Division has hista�'rcally assisted some Tarrant County municipalities in
the processing and shipment of head specimens ta the Bureau of Laboratories in Austin for th� purpose
of rabies control. Rabies cantrol includes the kenneling of impounded animals and euthanization. The
Texas GoWernment Code, Chapter 791.011, pro�ides that a local government may contract with
another to per�orm "go�ernmental functions and ser�ices". Under this code, th� c�ty a� �ort wortn
Animal Care and Cantral Di�isian may proWide animal impoundm�nfi, boarding, quarantine,
euthanization and disposal serrrices ta a municipalit�.
The City of Haslet cUrrently confiracts for limited rabies control services. The City of Benbrao� contracts
for specimen shipment serrrices. The Cities of Farest Hi[I, Kenneda[e, Edgecfiff Viilage and
Dalworkhington Gardens contract for boarding, quarantine, euthanization and disposal services.
Municipalities desiring to contract for any ofi these ser�►ices ar� required to renew the agreement
anr�ualfy.
Fees for these services are as follows:
SERVICE
Boarding Fee per day
Quarantine Fee per day
EufhanizationlDisposa� Fee per animal
Servic� Request per hour
Emergency Seruice Request per hour
Ed�cafional Services per hour
Rabies Sp�cimen Shipment �er animal
FEE
$12
$18
$12
$56
$65
$56
$56
The A�imal Care and Control Center will a�cept delivery af dogs, cats, ferrets, or non-proi�ibited
animals and wild animals in cages between the hours of 8:00 a.m. and 5:00 p,m. daily. The Animaf
Care and Control Di�ision will respond to reques#s for service from 8;a0 a.m. u�til 4:�Q p.m. daily. Pet
owners reclaiming their animals fram the Animal Care and Control Center will be required to provide
proof of ownership of the animals, present phota identificaiion, and pay the apprapriate fees for
reclamation.
C`ity of'Fo�i YTlo�th, T'exa�s
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DATE REFERENCE NUMBER LOG NAME PAG�
913/Q2 �*�_� 9��,� 50RAB[ES 2 af 2
su�.��cT INTERLOCAL AGREEMEN BETWEEN THE CITY OF' F'ORT WORTH AND OTHER
TARRANT COUNTY MUNfCIPALITIES F�R THE PURP�SE OF RABIES CONTROL
AND RABIES SPECIMEN SHIPMENT
Furthermore, pet owners who li�e in the City of Fort Worth whose animals ar� impaund�d in ather
munici�alifies and hrought to the Animal Care and Contral Cenfier, will be required to p�archase City
registra�ian #ags for their pets. Such animals wi11 be required to be altered in compliance with the City's
mandatory spaylneuter program. Boarding fees for peis reclaimed by their owners wiil be paid by the
awners, not the contracting municipality. A euthan�zation andlor disposal fee will be charged for wild
animals that will 6e eut�anized ar refacated and ather animais that will be euthanized upon delivery to
the Center.
The City of Fort Worth shall ha�e the right to t�rminate #his agr�ement withouf cause upon 30 days
written natice fo the contracting municipality_ City staff recommends the appro�al of this Interlacal
Agreement.
FISCAL IN�ORMATIONICERTIF'ICATION:
The Finance Director certifies thai the P�bfic Health Department, Animal Care and Control Division will
be responsible for ti�e collectian and deposit of funds due #o the City as a resulf of this action.
LW:n
Suhmiited for City Mans�ger's
Office by:
Libby Watson
Originafing Dep�rtment Head:
!]ani�l Reimer
Additional Information Cnntact:
James Agyemang
6183
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FUIVD � ACCOUNT � CENTER
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GGQ1 Various D504001
GG01 Various 05D4QQ2
(from}
AMOUIV'i' I CI'1'Y S�CItETARY
APPROVED 09/03/02