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HomeMy WebLinkAboutContract 48786� R�CEIIlEq ` �4,ni; -6 ���:, C1TY OF ����; OF TEXAS § r"-vC= _� t;, i f .,_�, �_ . . . � COUNTY OF TARRANT § C�7 Y S€CREYqf� ,'f coru�crnro. `���� �, INTERLOCAL AGREEMENT FOR RABIES CONTROL CITY OF FORT WORTH AND BLUE MOUND THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, acting by and through its duly authorized Assistant City Manager (hereinafter referred to as "City"), and Blue Mound, Texas. WHEREAS, Chapter 791 of the Texas Government Code authorizes the formulation of interlocal cooperation agreements between and among municipalities and counties for the performance of governmental functions; and WHEREAS, Chapter 826 of the Texas Health and Safety Code, also known as the Rabies Control Act of 1981 (hereinafter referred to as the "Act"), requires governing bodies of each municipality to designate a local rabies control authority to enforce the Act and minimum standards for rabies control adopted by the Texas Department of State Health Services; and WHEREAS, Section 826.016 of said Act authorizes a municipality to enter into agreements with public entities to carry out activities required or authorized under the Act; and WHEREAS, Blue Mound wishes to participate in an interlocal agreement with City for the purpose of limited rabies control and WHEREAS, Blue Mound and City mutually desire to be subject to the provisions of Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act. NOW, THEREFORE, it is agreed as follows: 1. PURPOSE The purpose of this Interlocal Agreement is to enter into an Agreement between City and Blue Mound whereby, subject to the terms and conditions hereinafter set forth and consideration specified below, City agrees to provide Blue Mound with limited rabies control services, pursuant to this Agreement for the benefit of Blue Mound. �F(FICIAO� REC�R� w CB'�f ;���'��':��f n ,;.�f u;,.;�.�r�,�� �'�a § �� �;.:, � �:, Interlocal Agreement with Blue Mound for Rabies C'�ntrol - Pa�e�-�f�- 2. DEFINITIONS For the purposes of this Agreement, the following definitions shall apply: ACT shall mean the Rabies Control Act of 1981, codified as Chapter 826 of the Texas Health and Safety Code. ANIMAL shall mean any living, vertebrate creature, domestic or wild, other than Homo sapiens. ANIMAL CARE AND CONTROL CENTER shall mean the facility located at 4900 Martin Street, Fort Worth, Texas, which is operated by the City for the purpose of impounding and caring for animals as prescribed by law. BITE shall mean a bite or scratch capable of transmitting rabies, which is inflicted by an animal on a human. CAT shall mean a commonly domesticated member of the Felidae (feline) family, other than a lion, tiger, bobcat, jaguar, panther, leopard, cougar, or other prohibited animal. DANGEROUS DOG shall mean a dog that makes an unprovoked attack on a person or other animal that causes bodily injury and occurs in a place other than an enclosure in 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 in 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 on its own and those acts cause a person to reasonably believe that the dog wiil attack and cause bodily injury to that person. DAY shall mean a calendar day or any part thereof. DOG shall mean Canis familiaris. QUARANTINE shall mean 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 system and usually transmitted by an animal bite. RULES shall mean the rules adopted by the Texas Department of State Health Services for rabies control and eradication under 25 TAC § 169.21 et seq. Interlocal Agreement with Blue Mound for Rabies Control - Page 2 of 11 3. TERM Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one year, beginning on October l, 2016 and ending on September 31, 2017. In addition, the term may be extended by mutual written agreement of the parties, for up to two additional one-year terms. 4. SERVICES BY CITY A. Hours City agrees to perform the services described herein for Blue Mound between the hours of 8:00 a.m. and 5:00 p.m. week days and weekends, excluding holidays with no after-hours services provided. In the event of an emergency or involving potentially rabid animals that occur after-hours, weekends, or holidays, City agrees to provide services in Subsection B. and C. in the manner and extent that the City deems appropriate. B. Rabies Response In the manner and to the extent that it deems appropriate and in accordance with the Rules and the Act, City will either hold for the 72 hour holding period or euthanize and process for rabies testing bite animals which are presented by Blue Mound to the City in accordance with Texas Administrative Code, § 169.33 Submission of Specimens for Laboratory Examination. C. Quarantine of Animals City will quarantine rabies suspect animals pursuant to Section 6 5. DUTIES OF BLUE MOUND A. Blue mound agrees that it will retain all responsibility for enforcement of all aspects of the Act not covered in Paragraph 4 of this Agreement, including criminal enforcement. B. Blue Mound agrees that it will provide prompt response by the Blue Mound Police Department to calls for assistance by the City when performing services under this Agreement. C. Blue Mound agrees that it will pursue, at its discretion, 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 failed or refused to place them for quarantine or testing. County further agrees that City is not required to pursue the issuance and execution of such warrants. Interlocal Agreement with Blue Mound for Rabies Control - Page 3 of 11 6. QUARANTINE AND DISPOSITION OF ANIMALS A. A quarantined animal shall be held or presented for testing according to the Act and the Rules. Blue Mound shall provide in writing to the City the date of the bite incident and the animal's date of release from quarantine. Any dog presented by a city official of Blue Mound may be accepted by the City provided that Blue Mound shall pay for such surrendered animals, as specified in Exhibit "A". B. Prior to the expiration of the impoundment period, the City may destroy a quarantine animal if the Animal Services Administrator or Animal Control Manager of the City or the Animal Care and Control Center's veterinarian recommends and approves such action. C. Quarantine animals will be released to their owners upon: (1) Proof of identification; (2) Payment of Exhibit "B" fees; (3) Purchase of a City license tag if the animal is a dog and the owner resides within the City; (4) Arranging for a rabies vaccination for the animal if it is a dog over 16 weeks of age and its vaccination is not current; and D. The ownership of quarantined animals that have not been released to their owners on the expiration of the quarantine period shall lie with Blue Mound, and Blue Mound authorizes the City to place the animals for adoption, transfer to animal welfare organizations, or to be euthanized, at the sole discretion of the City or as required by law. Blue Mound specifically requests the City euthanize all animals from Blue Mound that are not adopted or transferred. E. All quarantined animals from Blue Mound not reclaimed by their owner will be disposed of pursuant to Section 6.D above, and Blue Mound will be billed for the cost in accordance with the fee schedule. F. Blue Mound will be billed for all quarantined animals delivered by or from Blue Mound. 7. EXCLUSIONS 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 Blue Mound 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 dangerous dogs, to register dangerous dogs, or otherwise regulate dangerous dogs in Blue Interlocal Agreement with Blue Mound for Rabies Control - Page 4 of 11 Mound, under the authority of Chapter 822 Subchapter D. of the Health and Safety Code, Vernon's Texas Codes Annotated. 8. RESPONSIBILITY 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 be responsible for all wages and applicable payroll deductions, unemployment taxes, workers' compensation insurance, vacations, holidays, and fringe benefits for such employees and for 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. Blue Mound shall have no direct supervisory authority over such employees except in emergency situations where the exercise of supervision by Blue Mound becomes necessary. Regarding workers' compensation insurance, the City shall not waive its right to subrogate against Blue Mound for losses incurred in the course of City's services rendered to Blue Mound under this Agreement. 9. COMPENSATION A. As fair compensation for the services rendered Blue Mound agrees to pay City for its services based on the schedule attached hereto as Attachment 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 Attachment A during the term of this Agreement by giving Blue Mound 120 days' written notice. B. Blue Mound will not pay City more than $35,000.00 in total for the term of this agreement, for services rendered during the term of this Agreement unless agreed in writing by the Parties. 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 the City of Blue Mound with an itemized monthly bill. Blue Mound agrees to promptly pay such bills upon presentation by the City, such payments to be made from current revenues available to Blue Mound, within thirty (30) days of receipt. In the event of the termination of this Agreement, City shall bill Blue Mound for any outstanding balance, regardless of the amount, and Blue Mound agrees to promptly pay such bill, within thirty (30) days of receipt. C. Pursuant to the requirements of Section 791.011(d)(3) of the Texas Government Code, the amount due City under subparagraph A. above shall be paid from revenues available to Blue Mound in that current fiscal year. Interlocal Agreement with Blue Mound for Rabies Control - Page 5 of 11 10. FEES CHARGED ANIMAL OWNERS Blue Mound 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 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 Blue Mound 120 days' notice. Notwithstanding the fees charged to animal owners, Blue Mound shall remain responsible to the City for fees set out in Exhibit "A." 11. LIABILITIES A. To the extent permitted by law, Blue Mound shall be responsible for all work-related deaths, injuries or diseases of Blue Mound 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 all 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. Blue Mound shall be responsible for all property damages, personal injuries and death caused by the use of City and Blue Mound equipment and vehicles pursuant to this Agreement. Furthermore, Blue Mound shall be responsible for the repair or replacement of all such equipment and vehicles damaged, destroyed, lost or stolen by Blue Mound employees or volunteers during the provision of services hereunder. D. City shall be responsible for all property damages, personal injuries and death caused by the use of City equipment and vehicles caused by City employees or volunteers pursuant to this Agreement. Furthermore, 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. IMMUNITY & THIRD PARTIES A. Blue Mound expressly waives its right to assert immunity from suit for a claim forming the basis of a suit between the City and Blue Mound alleging a breach of this Agreement. Blue Mound does this as consideration for the City's offer to enter into this Agreement with Blue Mound. No third party may 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 Blue Mound or City while in the performance of this Agreement. Interlocal Agreement with Blue Mound for Rabies Control - Page 6 of 11 This Agreement may not be construed to expand the liability of City or Blue Mound beyond the scope of Chapter 101 of the Texas Civil Practice and Remedies Code unless specifically stated herein. 13. TERMINATION It is further agreed by and between City and Blue Mound that City and Blue Mound shall each have the right to terminate this Agreement upon thirty (30) days' written notice to the other pa�Y• 14. ENTIRETY This Agreement contains all commitments and agreements of the parties hereto, and no other oral or written commitments shall have any force or effect 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 Blue Mound. 16. SEVERABILITY In case 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 any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 17. AUTHORITY This Agreement is made for City and Blue Mound as an Interlocal Agreement pursuant to VTCA, Government Code, Chapter 791. 18. AUTHORIZATION The undersigned 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. Interlocal Agreement with Blue Mound for Rabies Control - Page 7 of 11 19. FORCE MAJEURE It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform 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, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 20. FISCAL FUNDING LIMITATION If for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery to Blue Mound of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. [REMAINDER OF PAGE INTENTIONALLY BLANK] Interlocal Agreement with Blue Mound for Rabies Control - Page 8 of 11 CITY OF FORT WORTH / � � (_s.�. Fernando Costa Assistant City Manager Date: 3/� /i7 RECO E ED Dr. Timothy M on Asst. Code Compliance Director APPROVED AS TO FORM AND LEGALIT.� a �� � ��ll,l�.� \�ti1,�7J Melinda Ramos Sr. Assistant City Attorney ATTEST: �. City Secretary M&C C: � L��' �"�" CITY OF BLUE MOUND ` ! . - i��i �� � . � _ - _ -�� l APPROVED AS TO FORM ��F'IC9�a�. lt����� C!'p'y ��+��'�i',��#� �". �P���,�i 'i� Interlocal Agreement with Blue Mound for Rabies Control - Page 9 of 11 Contract Compliance Manager: By signing I acicnowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. � am of Employee] � ��P lr � t.���P ttc��2 v�, [Title] EXHIBIT A SCHEDULE OF FEES PAID BYBLUE MOUND Services: Service calls and rabies response $150.00 per request For all service calls where an animal is impounded for quarantine the service call fee is waived and the flat rate charge of $400.00 per animal is assessed. (Excluding head preparation and shipment) After-hours, weekend and emergency animal control response $200.00 per request For all service calls where an animal is impounded for quarantine, the service call fee is waived and the flat rate charge of $400.00 per animal is assessed. Head preparation and shipment $200.00 per specimen For all service calis where an animal is impounded for quarantine, the service call fee is waived and the flat rate charge of $400.00 per animal is assessed. Deceased rabies suspect animals presented for head preparation and shipment at 4900 Martin Street by Blue Mound Officials $200.00 per specimen Deceased rabies suspect animals picked up by City from Blue Mound for head preparation and shipment during regular business hours $200.00 per specimen and $150.00 Service Call Fee Deceased rabies suspect animals picked up by City from Blue Mound for head preparation and shipment after hours $200.00 per specimen and $200.00 Service Call Fee Interlocal Agreement with Blue Mound for Rabies Control - Page 10 of 11 EXHIBIT B SCHEDULE OF FEES TO BE PAID TO CITY BY OWNERS RECLAIMING ANIMALS Rabies vaccination fee Spay or neuter fee Microchip Fee Daily board fees: Kenneling (dog, cat, small animal) Kenneling (other than dogs, cats or small animal) Quarantined animals and Dangerous Dogs $ 9.00 per reclaimed dog or cat $50.00 per cat $80.00 per dog $12.00 per reclaimed dog or cat $30.00 per day $30.00 per day $30.00 per day Interlocal Agreement with Blue Mound for Rabies Control - Page 11 of 11 CIilr COUNCIL AGENDA COUNCIL ACTION: Approved on 1/24/2017 Official �site.of the City oi Fort Worth, ( exas:,:;; . FORT ��`ORTN � REFERENCE** 23RABIES CONTROL VARIOUS DATE: 1/24/2017N� : C-28077 LOG NAME: MUNICIPALITIES 2017 CODE: C TYPE: CONSENTPUBLIC NO HEARING: SUBJECT: Authorize Execution of Interlocal Agreements with Tarrant County and the Cities of Benbrook, Kennedale, Edgecliff Village, Pantego, Dalworthington Gardens and Blue Mound for the Purpose of Providing Limited Animal and Rabies Control Services and Rabies Specimen Shipments During Fiscal Year 2017 with Renewal Options (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of Interlocal Agreements with Tarrant County and the cities of Benbrook, Kennedale, Edgecliff Village, Pantego, Dalworthington Gardens and Blue Mound for the purpose of providing limited animal and rabies control services and rabies specimen shipments through September 30, 2017 with the option to renew for three additional one-year terms. DISCUSSION: The Code Compliance Department, Animal Care and Control Division, has historically assisted Tarrant County and various municipalities within the county by providing limited animal control services and processing and shipping of specimens to the Bureau of Laboratories in Austin for testing related to rabies control. Services associated with processing specimens include the kenneling of impounded animals, euthanasia, disposal services and specimen shipping. Section 79� .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 (City) may enter into an Interlocal Agreement so that the Animal Care and Control Division may provide animal control, animal impoundment, boarding, quarantine, euthanasia and disposal services to a municipality. Approval of the above recommendation will authorize Interlocal Agreements for Fiscal Year 2017, which may be renewed for up to three additional one-year terms by mutual written Agreement of the parties. Renewal does not require City Council approval. The City would provide the specified services to follawing entities: - The City of Benbrook is contracting for specimen shipment services only; - The City of Kennedale, Town of Edgecliff Village, City of Pantego and Town of Dalworthington Gardens are contracting for boarding, quarantine, specimen shipping, euthanasia, animal care and disposal services; - The City of Blue Mound and Tarrant County are contracting for the services listed above plus periodic routine animal control services and education services by request. The following fee schedule comprises the Fiscal Year 2017 fees: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS Fernando Costa (6122) Brandon Bennett (6345) Tim Morton (7204)