HomeMy WebLinkAboutContract 45440 Y fti�i
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CITY
TAT F TEXAS § cONT'RAcT w.,
COUNTY OFTARR,ANT §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
`FHIS AGIkEEMENI' is made and entered into by and between the City of Fort Worth, a
hoes-rule municipal corpor ation situated in Tarrant, Denton, Parker, an ' se Counties, exa ,
acting by and through its duly authorized Assistant City anager hers e rafter referred to as
"City"), and Tarrant Coun,ty, Texas, acting by and tl-rough its duly authorized County Judge
(hereinafter referred to as ",C unty',),
ITNESSET1-4
WHEREAS, Chapter 791 of'the "I" x s Government Code authorizes the formulation of
,nterlocal cooperation agreements betwee and among municipalities and counties or the
performance of goveri-miental functions; and
WHEREAS, Chapter 826 of the 'texas flealth and Safety Code, also known as the
Rabies Control Act of 1981 (hereinafter ref rred to as the "Act"), requires governing bodies of
each municipality to designate a local rabies control authority to enforce the Act and minimum,
standards f6r rabies control adopted by the Texas Department of State Health Services, and
WHEREAS, Section 826.016 of said Act authorizes a mi.inicipality to enter into
agreements wltl� pub lie entities to carry out actly*ties required or authorized under the het; and
"HERE AS, County wishes to participate in nt rloc agreement with City for the
purpose of limited rabies control in -tie unincorporated areas f Tarrant County and
WHERE S, County and City mutually desire to 'be subject to the pr visor s of Chapter
791 of the Texts dove n ent Code, also known as the Interloeal Cooperation Act.
NOW, " .HERETO �.�, it is agreed s follows
PURPOSE
The purpose of this I terlc ea.l Agreement is to ester into an Agreement between City and
County whereby, subject to the terms and conditions hereinafter set forth and consideration
spee"f �l �r, �Ay agrees to provide County with limited rabies control services in the
unincorporated areas of"Farrant County, and City agrees to provide impoundment and quarantine
facilities for animals pursuant to this Agreement for the benefit of County.
OFFICIAL RECORD
r111FF",1C10AL RECO'
CITY SECRETARY
a! ) I
RECEIVED MAR 2 0 2.014 FX WORTH9 TX
2.
DEFINITIONS
For the purposes of this Agreenient, the following definitions shall apply
ACT shall mean the Rabies Con.tro.l Act of` 1981, codified as Chapter 826 of the Texas
Health. and Safety" Code.
ANIMAL shall mean any living, ve to r to creature, domestic or ,wildl other than hone.
sapiens.
ANIMAL CARIU4 AND CONTROL CENTER shall mean the facility looted at 4900
Martin Street, Fort Worth, Texas, which is operated by the City for the p ail se of
impounding and ding for animals, as prescribed by law.
BITE shall m.ean abite or scratch capable of transmitting r bile , which is inflicted by an
animal can a human.
CAPS, shall mean a commonly dog .esti ated!. member of the l elldae (feline) family, other
Ethan a lion, tiger, bobcat,jag-Liar, panther, leopard., cougar, or other prohibited animal.
DANGEROUS DOG shall mean a dog that mal es an unprovoked attack on a person or
other animal, that causes bodily irijury and occurs m a place other than an enclosers ire
which the dog is being kept and that was reasonably certain to prevent, the dog from
leaving the enclosure on its own; or a dog that commits unprovoked acts m a place other
than an enclosure in which the dog was being kept and that was reasonably certain to
prevent the dog from leaving the enclosure can its own and those acts cause a person to
reasonably bell"eve 'that the dog will attack and cause bodily irk my to that person.,
DAY shall mean a calendar day or any part thereof.
DOG shall mean cams famillaris.
QUARANTINE shall mea n the strict confinement of a biting, animal, in accordance with
the Act and -the Rules.
RABIES shall mean an acute viral. disease of man and animal affecting the central
nervous stem and usually transmitted
RULES, shall mean the rules adopted by the Texas Department trtment of State Health Services
for rabies control and eradication ender 25 'rAC § '1619.21 et seq.
STAY. shall mean roaming with no physical restraint beyond the prernise,s of an
animal's olwner or keeper.
Interlocal Agreeme nt with`' rr nt County for babies Control for 2011. -20114 Page 2 of 12
3.
TERM
0
The term of this Agreement is for a period of one (1) year commencing on October 1.
2013, and ending on September 3,0, 201.4.
4.
SERVICES Bow CITY
A. Hours
City agrees to 'perform the services in Subsection B., C. and D. for County In the
Unincorporated areas of Tarrant County, between the hours of 9:00 a.m. and 5:00 p.m.
Tuesday thru Saturday, excluding holidays. In the event of an emergency, "Involving
potentially rabid animals, that occur after-1-iours, weekendsl or holidays, City agrees, to
provide services in Subsection B. and C, in the n.ianner and extent that the City deems
appropriate.
B. Calls For Service
City will screen and respond to the incoming calls listed below in the manner and to the
extent that it deems appropriate, including but not limited to the impoundment of stray
animals, animals that are suspected of being rabid and the euthanizing of sick or injured
animals. Incoming calls include.-
(1) Reports of stray injured animals;
(2) Reports of stray dangerous dogs;
(3)
Reports of captured animals;
(4) Reports b y officials, of public or private elementary and secondary schools
of stray animals upon or near school p:roperty; and
(5) Requ.ests by County to patrol for stray animals in specific gees on a
limited basis.
C. Rabies Response
In tie manner and to the extent that it decilis, appropriate and in accordance with the
Rules and the Act, City will either hold for the 72 hour holding period or eathanize and
process for rabies testing bite antinals which are presented by Tarrant County to the City
and
(1) Provide surveillance cand trapping of suspected bite animals and of animals
that are suspected, of being rabid.
(2) Promptly report, to county epidemiologist and the health authority any
potential or actual, human exposure to a rabid animal(s) occurring in the
unincorporated areas of the County.
Interlocal Agr�eement with Tarrant County for Rabies controlI for 2013-2014 Page 3 of 12
5.
DUTIES, OF COUNTY
A. County agrees that it will retain all responsibility for enforcement of all aspects of the Act
0 4
not covered in Paragraph 4 of this Agreement, including crim mal enforcement.
B. County agrees that it will provide prompt response by the Sheriffs Office to calls for
assistance by the City when performing services under this Agreernent,
C., County agrees that it will pursue, at its d1scretion.., the issuance and execution of warrants
or other court orders necessary for the seizure of animals requiring quarantine or testing
under Paragraph 4 (C) of this Agreement, whose owners have Balled or refused, to p
them for quarantine or testing. County ftirther agrees that City is not requi.red to pursue
the issuance and execution of such warrants.
D. County agrees to provide City with -three (3) dog traps and six (6) cat traps at. the
commencement of this Agreement and will replace any Of Such traps that are stolen or
destroyed within thirty (30) days during the term of this Agreement. If'this, Agreement is
not renewed, such traps will be returned to County.
6.
IMPOUNDMENT AND DISPOSITION OF ANIMALS
A, A live, stray animal in by the City under this Agreement, shall be held for a
period of not less than 72 hours unless, released earlier to its owner. A quarantined
ani.mal shall be held or presented for testing according to the Act and the Rules, 'Fhe
County shall provide in writing to the City the date of the bite incident and the animal's
date of release from quarantine.
B. Prior to the expiration of the 'impoundment period,, the City may destroy an impounded
animal if the Superintendent of the Animal Care and Control Division or the Animal Care
and Control Center's veterinarian recommends and approves, such action.
C. Impounded and/or quarantined animals will be released to their owners upon:
(1) Proof of 1 dentificat'10110
(2) Receipt or other proof of payment to farrant County of kenneling -fees-,
(3) Purchase of a City license tag if the animal is a dog or cat and the owner resides
within the City; and
(4) Arranging for rabies vaccination for the animal if the anima l. is a dog, or a cat and
its vaccination is not current and-the animal's owner resides within the City.
D. The ownership of in-i,pounded anima,"ts that have not been released to their owners on the
expiration of the impoundment period reverts to the City, and the animals may be placed
for adoption or eutbanized, at the sole discretion of the City.
Interlocal Agre emery t with Tat-rant Comity for Rabies Control for 20 13-201 age
NON
I E. All quarantined animals from Tarrant County not reclaimed by their owner will be
euthanized, and Tarrant County will be billed' for the cost of quarantine, euthai.iization
and disposal as applicable.
7.
EXCLIJSIONS
A. Nothing In this Agreement shall be deemed as designating the City or an officer or
employee of the City as the "local health authority" or "local rabies, control authority" of
the County as those terms are defined or used in Title 10 Health and Safety Code,
Vernon's 'Texas Codes Annotated.
B. Nothing in this Agreement, shall be deemed as requiring the City to investigate reports of
dm-igerous dogs, to register dangerous dogs, or otherwise regulate dangerous dogs 111
unincorporated areas of Tarrant County, under the authority of Chapter 822 Subehapter
D. of the Health and Safety Code, Vernon's Texas, Codes -Annotated.
C. Nothing in this Agreement shall. be deemed as requiring the City to quarantine or present
for testing domestic animals that ha. e been bitten by or directly exposed by physical
contact to a rabid aninial or its fresh tissues,. The city will provide a list of quarantine
facilities they have identified throughout "Farrant County for use by the County for their
quarantine requirements.
D. Gly shall not patrol for and/or und stray animals if County fails to enact and
maintain rules, or ordinances purmant to Sections 826.014 and 8126.033 of the Texas
Health and Safe ode that rN uire animals in the unincorporated areas of the
Coun(y to be restrained at all tiflies,
R,-ES PONS IB ILITY FOR EMPLOYEES
City- employees who, provide services under this Agreement are deemed to be City
employees when providing such services. City will exercise complete control over the hiring,
training, supervision, and conduct of such, employees. City will her esponsible for all wages and
applicable payroll deductions, unemployment taxes, workers' compensation insurance,
vacations, holidays, and fringe benefits for such employees and f-or all uniforms, vehicles, and
equipment (except as provided in Paragraph 5(D) of this Agreement) used by such employees for
providing services under this Agreement. County shall have no direct supervisory authority over
such employees except in emergency Situations where the exercise, of supervision by County
becomes necessary, Regw,-ding workers' compensation insurance, the pity shall not waive its
right to subrogate against the County for losses incurred 'in [be course of City's services, rendered
to County under this Agreement.
Interlocal Agreernent with Tarrant County for iw)ies Control for 2013-2014 Pag 2
9.
COMPENSATION
A. As fair compensation for the services rendered by Tarrant County from October 1, 2013
through September 30, 2014, Tarrant County agrees to pay City for its services based on the
schedule attached hereto as Exhibit A, as pertinent, which is hereby incorporated as a part of'
this Agreement as if it were set forth at length. City may adjust any fee listed in Exhibit A
during the term of this Agreement by giving ,rafrant County 12,0 days written notice.
B. The number of boarding days, for billing purposes, will begin on the day that the animal is
impounded and continue as long as -the animal is held. In addition to boarding fees, a
quarantine fee will be charged on all animals placed into quarantine, and an administrative
fee will be charged on all animal impoundments. Euthanasia and disposal fees and head and
shipment preparation fees shall be as described in Exhibit A.
C. Tarrant County will not pay City more than $ 55. 5oo,000 in total, for services,
rendered during the term of this Agreement. This amount shall herein constitute a not to
exceed limitation placed upon this Agreement, and when such amount is reached, City will
cease providing such services. City agrees to provide Tarrant County with an itemized
quarterly bill. Tarrant County agrees, to promptly pay such bills upon presentation by the
City, such payments to be made from current revenues available to Tarrant County, within
thirty (3 o) days of receipt. In the event of the termination of this Agreement, City shall bill
Tarrant County for any outstanding balance, regardless of the amount, and Tarrant County
agrees to promptly play such bill, within thirty (30) days, of receipt.,
D. Pursuant to the requirements of Section 79,1.01 11(d)(3) of the Texas Government Code, the
amount due City under subparagraph A. above shall ble paid from revenues available to
Tarrant County in fiscal year October 2013 through September 2014.
10.
FEES CHARGED ANIMAL OWNERS
County hereby agrees that City may charge, or cause to be charged, the fees set out in
"Exhibit B," to the owners of animals that have been impounded, or quarantined. "Exhibit B" is
hereby incorporated as a part of this Agreement as if it were set forth at length, City is hereby
authorized to increase said fees during the terms of this Agreement by giving the County 120
days' notice. If an animal's owner reclaims the animal and pays the kenneling fees, then the City
will not charge the County for kenneling such animal under the Fee Schedule in "Exhibit A." If
a quarantined animal's owner reclaims the animal and pays the quarantine fees, then the City will
not charge the County such fees. A check written by an owner 'in payment of these fees is
considered a contingent payment. If the check written by an owner is subsequently dishonored,
the check shall not be considered payment and County shall be responsible to City for the fees.
Interfocal Agreement with Tarrant County for Rabies Control for 2013l-2014 Page 6 of 12
C)
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LIABILITIES
A. To the extent permitted by law, Cou,,nty shall be responsible for all work related deaths,
injuries or diseases of County employees, and for property damage, personal injury or
death caused by such employees relating to work provided pursuant to this Agreement.
B. To the extent permitted by law, City shall be responsible for a.11 work-related deaths,
injuries or, diseases of City employees, and for property damage, personal injury or death
caused by City employees, or volunteers, relating to work provided pursuant to this
Agreement.
C. County shall be responsible t6r all property damages, personal injuries and death caused
by the use f" County equipment and vehicles pursuant to this Agreement, Furthermore,
County shall be responsible for the repair or replacement of all such equipment and
vehicles dan-iaged, destroyed, lost or stolen by County''employees or volunteers durIng the
provision of services hereunder.
D. City shall be responsible for all property damages, personal injurles and death caused by
the use of City equipment and vehicles, caused by City employees or volunteers pursuant
to this Agreement. Furtheirn.-tore, City shall be responsible -for the repair or replacement
of all such equipment and vehicles damaged, destroyed, lost or stolen caused by City
employees or volunteers during the provision of services hereunder.
12.
IMMtJ_NtFY & J_'.HlRD PARTIES
A. The County expressly walves its right to assert, immunity from Suit 1.1or a claim forming
the basis of a cult between the City and County alleging, a breach of this Agreement. The
County does this as consideration for the City's offer to enter into this Contract with the
County. No third party nay use this waiver in any way and no waiver Of immunity in
favor of'a third party is intended by this Agreement.
B. Nothing in this Agreement shall be construed to benefit any third party other than an
employee or officer of County or' City while In the performance of this Agreement. This
Agreement may not be construed to expand the liab�il-ity of City or County beyond the
scope of" chapter 101, of the Texas Civil. Practice and Remedies Code unless specifically
stated herein.
13.
TERMINATION
It is fui-ther agreed by and between City and County that City and County shall each have
the right to terminate this Agreement upon thirty (30) days' written notice to -the other party.
Interlocal Agreement with Tarrant County for Rabies Control for 20�13-2014 Page 7 of 12
1.4.
NT '1 Y
This Agreement contains all commitments and agreements of the parties hereto, and no
other oral or written commitments shat I have any force or effiect if not contained herein.
15.
MODIFICATION
This Agreement may be modified 'by the mutual agreement of the parties, if the
modification, is In writing and signed by City and County.,
16.
SEVERABILITY
In case any one or more of the prov ionic contained in this greer e t shall for any
-espectsuch invalidity, illegality, or
reason be held to, be invalid illegal, or unenforceablein any i i
unenforceability shall not affect any other provision thereof and this Agreement shall be
co nstrued i s i nval d gal r unen o
I I en
floriceable provisins had never been contained
as f uch i . ille , o
herein.
17.
AUTHORIrry
This Agreement is made for City and County as an Interlocal Agreement pursuant to
VTCA,, Governiiient Code, Chapter 7191.
18,
AUTHORIZA"I'"JON
The uildersigned officer and/or agents of the parties hereto are properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary resolutions extending such
authority have been duly passed and are now 'in full force and effect.
19.
FORCE MAJEURE,
It is expressly understood and agreed by the parties to thl's Agreement that if the
perforn-tance of any obligations hereunder is delayed by reason of war; civil commotion; acts of
God; 'Inclement weather; governmental restrictions, regulations, or inter fierep ities; fires; strikes;
lockouts', national disasters; riots; material or labor restrictions; transportation problems; or any
other circumstances whic�h are reasonably beyond the control of the party obligated or permitted
tinder the tea is of this Agreement to do or Perfomi the same, regardless of whether any such
circumstance is similar to any. of those enumerated or not,, the party so obligated or permitted
shall be excused from doing or performing the same during such period of delay.
Interlocal Agreement with Tarrant COL111ty for Rabies Control for 2013-2014 Page 8 of 12
2'0
FISCAL FUNDT-NQ I-JIMITATION'
If for any reason, at any time during any ten-n ofthis Agreement, the Fort Worth City
Council fails to appropriate funds, sufficient, for the City to fulfill its obligations under this
Agreement, the City niay terniincrite this, Agreement to be efl-ective on the later of (i.) thirty (30)
days following delivery to County of written notice of the City's intention to terminate or (Ii) the
last date for which funding has been appropriated by the CI'ty Council for the purposes set forth 111
this Agreement.
21.
HOMELAND SECURITY
If the Uriited States Department of Homeland Security issues a Level Ora
.or Level Red Alert, City, in its sole discretion, may terimnale the Agreement i.mmediately.
SIG'NAIVRES ARE ON NEXT PAGE
Inter Agreement with Tarrant county for Rabies Control for 2013-2014 Page 9 of 12
N
p
E`X CUTfit in triplicate this (S day of 4-e 201
`cart Worth Tarrant County, Texas.
CITY O ORT WORT H TARRA TA-NY C OUP" "Y
W. Daniels B. Gle.n WhItley
'i nt City Manager County Judge
APPROVED AS TO FORM APPROVE.. S TO F
Arthur N. Bashor
Assistant City Attorney Ass tai-1 tr e Attorney
AITEST:
'
City Seer � r
N,
M&C - 6547
*B law, the District Attorney's Office may only advise or
approve contracts or legal documents on behalf of its clients. It
may not advise or approve a contract or legal document can
behalf of other parties. Our review of this dccur ent was
conducted solely from the legal perspective of our client. Our
approval of this document was offered solely for the benefit of
our client. Other parties should not rely on this approval, and
sh,culd seek review and approval by their awry respective
Certification Funds Available
flot#W AMOUnt of 5'50 0.00-
001
RENEE D LL, -.PA
CO Y - TO
OFFICIALW0R1T*61TXf Inter�l l Agreement with Tarrant "' ant for Rabies Control For 2013-2014 I
dV
"EXIBBITA"
SCHEDULE OF FEES PAID BY COUNI"'Y
DAILY BOARD FEE
Kenneling (per dog,, cat or other small animal) $1.5.00 per d ay
Quarantine (per animal) $20.00 per day
Q rantIn ee (per animal)
SERVICE CALLS AND RABIES RESPONSE
(Excluding head preparation and shipment)
Per Request $87.00
HEAD PREPARATION AND SHIPMENT
Per Animal Head $100.00
EDUCATIONAL SERVICES
Per Staff Hourly Charge $�70.00
EUTHAINIZATION AND DISPOSAL.,
Per animal. $50-00
AFTER-HOURS., 'WEEKEND AND EMERGENCY ANIMAL CONTROLI .ESPY NSF--,
Per Request $100.00
AD MINI STRA""FIV E FEE $50I.010
Per impoundment or service request
Page I I of 12
,interlocal Agreement with Tarrant County for Rablies,Control for 20 13-2014
01.
R ABIES VACCINA"I"ION ]"Et,
u
Per reclaimecl d,og io,r cat S 9.00
DAILY BOARD FEES.-
Ken_ e n (dog, cat, small aiuma $15.00 pier day
Kenneling (ot"her than oig cats or sniall ammal.) $ 5.010 per day
Quarantined anunals $20.00 per day
nterlo al Agreement with)Tarrant Couqy for Rabiies Control or 20 13-2014 Page 12 of 12
M&C Review Page I of 2
Official site of the City of Fort Worth,Texas
ANN& FOR7 WORTH
I TY DU DE AGENDA
upm
COUNCIL ACTION',* Approved on 11/5/2013
REFERENCE 23RABIES CONTROL
DATE: 11/5/2013 NO.: **C-26547 LOG NAME,-, VARIOUS MUNICIPALITIES FN
2014
CODE: C TYPE: CONSENT PUBLIC NO
HEFTING.-I
SUBJECT: Authorize Execution of Interlocal Agreernents with Tarrant County and Various
Municipalities for the Purpose of Providing Animal and Rabies Control Services and Rabies
Specimen Shipments During Fiscal Year 2014 (ALL COUNCIL DISTRICTS)
RECOMMENDATION,--
It is recommended that the City Council authorize the execution of Interlocall Agreements, with Tarrant
County and various, municipalities within the county for the purpose of provid�ing limited animal and
rabies control and rabies specimen shipments from October 1, 2013 through September 30, 2014.,
DISCUSSION.-
The Code Compliance Department, Animal Care and Control D�ivi'sion, has historically assisted
Tarrant County and various m�unicip�alities within the county by providing limited animal control
services and processing and shipping of specimens to the Bureau of Laboratories, iin Austin for testing
related to rabies control. Services associated with processing specimen�s include the kenneling of
impounded animals, euthanization, disposal services and specimen shipping. Section 7'91.011 of the
'Texas Government Code provides that a local government may contract with another, local
government to perform governmental functions and services," which includes functions and services
related to public health and welfare. Under this provision,, the City of Fort Worth may enter into an
i'nterlocal Agreement so that the Animal Care and Control Division may provide animal control, animal
impoundment, boardiing, quarantine, euthanization and disposal services to a municipality.
This Mayor and Council Communication will authorize interlocal Agreements for Fiscal Year 2014
with -the following entities- the City of Benbrook is contract,ing for specimen shipment services; the
Cities of Forest Hill,, Kennedale, Edgecliff Village, Pantego, and Dalworthing,ton Gardens are
contracting for, boarding, quarantine, specimen shipping, euthanization, chemical capture animal care
fee and disposal' services; the City of Mound and Tarrant Couinty are contracting for the services
l,isted, above plus periodic routine an,imal control services by request. Municipalities desiring to
contract for any of these services are required to execute a new Agreement annually.
Some of our supported municipalities have initiated: chemical, capture programs. Dogs,that, have been
captured using tranquilizer guns must be given extraordinary care when they are broug,ht to the
shelter. The extraordinary care consists of kenneling them in specific cages that will minimize light
and noise and they must have continu�al monitoring by the veterinarian staff until they are awake and
have been observed drinking and eating:. For this reason we have added a chemical capture animal
care fee of$75.00 per animal.
The following fee schedule comprises the Fiscal Year 2014 fees*
http:,//apipis.cfwnet.oirg/con c'l 91D=I 90917'&counc*Wate—11/5/2013 3/'24/2014
1 _,packet/mc—review.asp. I
M&C Review Page 2 of 2
SERVICE FY 21014 FEE,
Administrative Fee Per Animal Impoundment $ 5x.00
Daily Boarding Fee $ 15-00
Euthanasia/Dispos,al Fee $ 50.00
Quarantine Boarding Fee $ 20.00
Administrative Fee Per Animal Quarantine $ 100.00
Field Service Request $ 87.00
Specimen Preparation and Shipment $ 100.00
Administrative Fee Per Specimen Shipment $ 25.10,0
Emergency Field Service Request $ 100-00
Chemical Capture Animal Care Fee $ 75-00
Educational Presentations $70,,00 per hour
Based on revenues received from Interlocal Agreements in Fiscal Years 20,12 and' 2013, Staff
anticipates revenue in Fiscal Year 2014 to total $55,000.00 from kenneling, $70,000.00 from various
services and $3,000.00, from specimen shipping.
EISCAL INFORMA'TION/CERI"IFICATION-,
The Financial Management Services Director certifies that the Code Compliance Department, Animal
Care and Control Division, is responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
...........-11.1111111'-- ........ ......... ......................
Submitted for Cit y Manager"s Office Charles Daniels (619�9)
Department Head-. Brandon Bennett (63,45!),
Additional Information Contact*. Michael Camp (7020)
Shannon Elder (6326)
................ ............... ........................ ........
ATTACHMENTS
hap:'Happs.cfwniet.lorg/council_packet/mc—review.asp?]D—I 9097&councildate=1115/2013 3/24/2014