HomeMy WebLinkAboutContract 48788/
� & ��
o ��
�Ec�� , ,
� � ���11 �
6- '
� , MpR w�
'�;�. C\� ��F�'�'�'�'E OF TEXAS
- COUNTY OF TARRANT
��� ��°i���' ,��.�;�
�ON'i'R�4C�Y iJ�.
INTERLOCAL AGREEMENT FOR RABIES CONTROL
CITY OF KENNEDALE
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 the City of Kennedale, Texas, a home-iule municipal coiporation located in Tarrant
County, Texas, acting by and through its duly authorized Mayor (hereinafter refei-��ed to as
"Kennedale").
WHEREAS, Chapter 791 of the Texas Govet�nment 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 refeired 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, Kennedale wishes to participate in an interlocal agreement with City for the
purpose of limited rabies control in the City of Kennedale; and
WHEREAS, Kennedale 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 puipose of this Interlocal Agreement is to enter into an Agreement between City and
Kennedale whereby, subject to the terms and conditions hereinafter set forth and consideration
specified below, City agrees to provide Kennedale with limited rabies control services in the City
of Kennedale, and City agrees to provide impoundment and qua.rantine facilities for animals
pursuant to this Agreement foi• the benefit of Kennedale.
�FFICIAL R@C�p��
CIT'v �EC��T�kE�Y
�1'. P�ORT@i, TX
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 a facility located in Fort Worth,
Texas, which is operated by the City for the purpose of impounding and caring for animals as
prescribed by law.
BITE shali 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 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 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 will attack and cause bodily injury to that person.
DAY shall mean a calendar day or any part thereof.
DOG shali 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 Heaith Services for
rabies control and eradication under 25 TAC § 169.21 et seq.
STRAY shall mean roaming with no physical restraint beyond the premises of an animal's owner
or keeper.
Interlocal Agreement with Kennedale for Rabies Control Page 2 of 11
3.
TERM
Unless terminated pursuant to the terms herein, this Agreement shall be for a tei�n of one
I year, beginnina on October l, 2016 and endin� on Septenlber 31, 2017. In addition, the term
may be extended by mutual written agreement of the parties, for up to three additional (3) one-
year terms.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services described herein for Kennedale in the City of
Kennedale, between the hours of 8:00 a.m. and 4:00 p.m. weekdays and weekends,
excluding holidays, with no after hours seivice provided.
B. Rabies Res�onse
In the manner and to the extent that it deems appropriate and in accordance with the
Rules and the Act, bite animals which are presented by Kennedale to the City will be
handled by the City in accordance with the Act and Texas Administrative Code, §169.33
Submission of Specimens for Laboratory Examination.
C. Im�oundment of Do�s
City will board dogs delivered to the City's Animal Care and Control Center by
Kennedale officials pursuant to Section 6.
5.
DUTIES OF KENNEDALE
A. Kennedale 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. Kennedale agrees that it will pursue, at its discretion, the issuance and execution of
wanants or other court orders necessary for the seizure of animals requiring quarantine or
testing under Section 4(C) of this Agreement, whose owners have failed or refused to
place them for quarantine or testing. Kennedale further agrees that City is not required to
pursue the issuance and execution of such wai7ants.
6.
IMPOUNDMENT AND DISPOSITION OF ANIMALS
A. A live, stray dog impounded by the City under this Agreement shall be held for a period
of not less than seventy-two 72 hours, unless released earlier to its owner ("Animal
Owner") or as described in subsection 6.D. below. A quarantined animal shall be held or
presented for testing according to the Act and the Rules. Kennedale shall provide in
Interloca] Agreement with Kennedale for Rabies Control Page 3 of 11
writing to the City the date of the bite incident and the animal's date of release from
quarantine. Kennedale shall pay charges for impounded dogs as specified in Exhibit "A."
B. Prior to the expiration of the impoundment period, the City may destroy an impounded
dog if the Animal Services Administrator or Animal Control Manager of the City or the
Animal Care and Control's veterinarian recommends and approves such action.
C. Impounded animals will be released to their owners upon:
(1) Proof of identification;
(2) Payment of Exhibit "B" fees;
(3) The animal is vaccinated against rabies at the owner's expense if the animal is a
dog or a cat over 12 weeks of age and the owner does not have an unexpired
rabies vaccination certificate for the animal.
D. The ownership of impounded or quarantined animals that have not been released to their
owners on the expiration of the impoundment or quarantine period shall lie with
Kennedale, and Kennedale authorizes the City to place the animals for adoption, to
transfer them to other animal welfare organizations, or to be euthanized at the sole
discretion of the City or as required by law. Kennedale specifically requests the City
euthanize all animals from Kennedale that are not adopted or transferred.
E. All quarantined animals from Kennedale not reclaimed by their owner will be disposed of
pursuant to Section 6D. above, and Kennedale will be billed for the cost in accordance
with the fee schedule.
F. Kennedale will be billed for all impounded dogs and quarantined animals delivered by or
from the Kennedale in accordance with Exhibit "A" below.
G. The City will impound and hold dogs from Kennedale which have been seized by
Kennedale only under Chapters 821 or 822 of the Texas Health and Safety Code.
Kennedale agrees to request, pursuant to Chapters 821 and 822, an Appeals Bond to cover
the fees estimated to be charged to the Animal Owner under Exhibit "B" and Kennedale
agrees to pay the City all fees which would have been charged the Animal Owner in the
event the court does not require the Animal Owner to pay the fees or where the Animal
Owner is ordered by the court to pay and fails to pay.
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 controi authority" of
Kennedale as those terms are defined or used in Title 10 of the Texas 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 the
Interlocal Agreement with Kennedale far Rabies Control Page 4 of 11
City of Kennedale under the authority of Chapter 822 Subchapter D. of the Texas 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 have been bitten by or directly exposed by physical
contact to a rabid animal or its fresh tissues.
D. City shall not impound stray animals if Kennedale fails to enact and maintain rules or
ordinances pursuant to Sections 826.015 and 826.033 of the Texas Health and Safety
Code that require animals to be restrained at all times.
8.
RESPONSIBILITY FOR EMPLOYEES
City employees who provide services under this Agreement are deemed to be City
employees when providing such seivices. 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, worlceis' compensation insurance,
vacations, holidays, and fi•inge benefits for such employees and for all unifoi�rns, vehicles, and
equipment used by such employees for providing services under this Agreement. Kennedale
shall have no direct supervisory authority over such employees except in emergency situations
where the exercise of supervision by Kennedale becomes necessaiy for resolution of the
emergency. Regarding workers' compensation insurance, the City shall not waive its right to
subrogate against Kennedale for losses incurred in the course of City's services rendered to
Kennedale under this Agreement.
9.
COMPENSATION
A. As fair compensation for the seivices rendered Kennedale agrees to pay City for its seivices
based on the schedule attached hereto as E�ibit "A", as pertinent, which is hereby
incoiporated as a pai�t 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 Kennedale 120 days
B. Head and shipment preparation fees shall be as described in Exhibit "A".
I C. Kennedale will not pay City more than $55,000.00, in total per contract year, 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 the Kennedale with an itemized
monthly bill. Kennedale agrees to promptly pay such bills upon presentation by the City,
such payments to be made from current revenues available to Kennedale, within thirty (30)
days of receipt. In the event of the termination of this Agreement, City shall bill Kennedale
for any outstanding balance, regardless of the amount, and Kennedale agrees to promptly pay
such bill, within thirty (30) days of receipt.
Interlocal Agreement �vith Kennedale for Rabies Control Page 5 of 11
D. Pursuant to the requirements of Section 791.011(d)(3) of the Texas Government Code, the
amount due City shall be paid from revenues available to Kennedale in that current fiscal
year.
10.
FEES CHARGED ANIMAL OWNERS
Kennedale 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 Kennedale 120
days' notice. Notwithstanding the fees charged to animal owners, Kennedale shall remain
responsible to the City for the fees set out in Exhibit "A."
11.
LIABILITIES
A. To the extent permitted by law, Kennedale shall be responsible for all work-related
deaths, injuries or diseases of Kennedale 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 pei�rnitted 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. Kennedale shall be responsible for all property damages, personal injuries and death
caused by the use of City and Kennedale equipment and vehicles caused by Kennedale
employees or volunteers pursuant to this Agreement. Furthermore, Kennedale shall be
responsible for the repair or replacement of all such equipment and vehicles damaged,
destroyed, lost or stolen by Kennedale 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. Kennedale expressly waives its right to assert immunity from suit for a claim forming the
basis of a suit between the City and Kennedale alieging a breach of this Agreement.
Kennedale does this as consideration for the City's offer to enter into this Contract with
Interlocal Agreement with Kennedale for Rabies Control Page 6 of 11
Kennedale. 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 expand the liability of City or Kennedale
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 Kennedale that City and Kennedale shall
each have the right to terminate this Agreement upon thirty (30) days written notice to the other
pai-ty.
14.
ENTIRETY
This Agreement contains all commitments and agreements of the pai�ties hereto, and no
other oral or written commitments shali 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 Kennedale.
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 Kennedale 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
Interlocal Agreement with Kennedale for Rabies Control Page 7 of 11
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 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 per�rnitted
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 teim of this Agreement, either city fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement, that City
may tei�rninate this Agreement to be efFective on the later of (i) thirty (30) days following delivery
of written notice of the city's intention to tei�ninate 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 Kennedale for Rabies Control Page 8 of 11
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR RABIES CONTROL
CITY OF FORT WORTH AND KENNEDALE
CITY OF FORT WORTH
/ PNv�a�wd� l.e��
Fernando Costa
Assistant City Manager
Date: �/� �j 7
RECO NDED
Dr. Timothy Mor-ton
Asst. Code Compliance Director
APPROVED AS TO FORM
AND LEGALITY
�� � -
.�
U� � tX.� �����%-- �i,%rf
Melinda Ramos
Assistant City Attor•ney
ATTEST
Maiy J: "I�ays�
City Secretary
M&C L�� �'� ��.
CITY OF KENNEDALE
By: .t-j c- i c2 a1 �1 n sc ✓1
Title: Mayor or Manager
APPROVED AS TO FORM
AND LEGALITY
C L � �,����
City Attorney
d+�F���i�br ��7��R.��:�
C11'Y ���k��7'�';�a �
�"i". I+����Y'��� "�C
Interlocal Agreement with Kennedale for Rabies Control Page 9 of 11
�
Contract Complianee Manager:
By sib ing I acicnowledge that I am the peison responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
am of Employee]
� / /�
, t� �P Y i c..i'!—�P (, �CY�2 v�
[Title]
�' .;��1��,�1L f��:�ty�?�
�"�`�`�` s�'���7'��Y
�T. E�����tl'E�� TX
EXHIBIT A
SCHEDULE OF FEES PAID BY KENNEDALE
ImpoundmentsBoarding Fee:
Kennedale shall pay the City a flat fee of $400.00 per dog or quarantine animal delivered to the
City by Kennedale officials during the term of this agreement.
SPECIMEN HEAD PREPARATION AND SHIPMENT
Per Animal Head Specimen $200.00 per specimen
Interlocal Agreement with Kennedale for Rabies Control Page 10 of 11
a 4 k S
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
$50.00 per day
Interlocal Agreement with Kennedale for Rabies Control Page 11 of i l
' CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 1/24/2017
Oificial site.of the City oi Foit Worih, Texas;;; ,
Fo�T �'4�aRrH ,
�
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 791.011 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
following 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 20�7 fees:
Submitted for City Manager's Office bv:
Originatinq Department Head:
Additional Information Contact:
ATTACHMENTS
Fernando Costa (6122)
Brandon Bennett (6345)
Tim Morton (7204}