HomeMy WebLinkAboutContract 30795 CITY SECRETARY 3)74?
CONTRACT NO.
STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
THIS AGREEMENT by and between the City of Fort Worth, a home-rule municipal
corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "City", acting
herein by and through Joe Paniagua, its duly authorized Assistant City Manager, and the City of
Edgecliff Village, hereinafter called "Edgecliff Village", acting herein by and through Ed Lucas,
its duly authorized Mayor.
WITNESSETH :
WHEREAS, VTCA Government Code, Chapter 791, 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 Health and Safety Code, Vernon's Texas Codes
Annotated, 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 Board of Health;
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, Edgecliff Village wishes to participate in an interlocal agreement with City
for the purpose of limited rabies control in the City of Edgecliff Village; and
WHEREAS, Edgecliff Village 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 the City
and Edgecliff Village whereby, subject to the terms and conditions hereinafter set forth and for
the consideration specified below, City agrees to provide Edgecliff Village with limited rabies
control services in the City of Edgecliff Village, and further that City agrees to provide
impoundment and quarantine facilities for animals impounded and quaranti , er. s
Agreement for the benefit of Edgecliff Village. ' _� � r
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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 Health
and Safety Code, Vernon's Texas Codes Annotated.
ANIMAL shall mean any living, vertebrate creature, domestic or wild, other than homo-
sapiens.
ANIMAL CARE AND CONTROL CENTER shall mean the facility operated by the
City for the purpose of impounding and caring for animals as prescribed by law located at
4900 Martin Street, Fort Worth, Texas.
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 that
causes bodily injury and occurs 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; 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 will 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 Board of Health 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.
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3.
TERM
The term of this Agreement is for a period of one (1) year commencing on October 1,
2004, and ending on September 30, 2005.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services annotated in Subsection B. below, for Edgecliff
Village, within the City of Edgecliff Village, between the hours of 8:00 a.m. and 4:00
p.m. only, during the week days and weekends, excluding holidays, with no after hours
service provided.
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:
(1) Place animals delivered to it in rabies quarantine, or euthanize such
animals for rabies testing; and
(2) Process and ship animal heads for rabies testing which are presented by
Edgecliff Village to the City.
C. Impoundment of Animals
City will impound animals delivered to the City's Animal Care and Control Center by
Edgecliff Village.
5.
DUTIES OF EDGECLIFF VILLAGE
A. Edgecliff Village 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. Edgecliff Village 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 of this Agreement, whose owners have failed or refused to
place them for quarantine or testing. Edgecliff Village further agrees that City is not
required to pursue the issuance and execution of such warrants.
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6.
IMPOUNDMENT AND DISPOSITION OF ANIMALS
A. A live, stray animal 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 shall be held or presented for testing according
to the Act and the Rules.
B. Prior to the expiration of the impoundment period, the City may destroy an impounded
animal if the City's Director of Public Health or the 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) Proof of identification;
(3) Payment of kenneling fees;
(4) Purchase of a City license tag if the animal is a dog or cat and the owner resides
within the City; and
(5) Arranging for a rabies vaccination for the animal if it 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 impounded animals 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 euthanized, at the discretion of the City.
E. All quarantined animals from Edgecliff Village not reclaimed by their owner will be
euthanized, and Edgecliff Village will be billed for the cost of quarantine, euthanization
and disposal.
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
the City of Edgecliff Village 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 the
City of Edgecliff Village under the authority of Chapter 822 Subchapter 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 have been bitten by or directly exposed by physical
contact to a rabid animal or its fresh tissues. - -
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D. City shall not impound stray animals if Edtecliff Village fails to enact and maintain
rules or ordinances pursuant to Sections 826.015 and 826.033 of the Health and
Safety Code, Vernon's Texas Codes Annotated, 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 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 used by such employees for providing services under this Agreement. Edgecliff
Village shall have no direct supervisory authority over such employees except in emergency
situations where the exercise of supervision by Edgecliff Village becomes necessary for the
resolution of the emergency.
9.
CONSIDERATION
A. As fair compensation for the services rendered by City to Edgecliff Village from October 1,
2004 through September 30, 2005, Edgecliff Village 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 Edgecliff Village 120 days written
notice. Edgecliff Village will not pay City more than :0 1, oc-)n 00 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 the City of Edgecliff Village with
an itemized monthly bill. Edgecliff Village agrees to promptly pay such bills upon
presentation by the City, such payments to be made from current revenues available to
Edgecliff Village, within thirty (30) days of receipt. In the event of the termination of this
Agreement, City shall bill Edgecliff Village for any outstanding balance, regardless of the
amount, and Edgecliff Village agrees to promptly pay such bill, within thirty (30) days of
receipt.
B. Pursuant to the requirements of Government Code § 791.011(d)(3), Vernon's Texas Codes
Annotated, the amount due City under subparagraph A. above, shall be paid from revenues
available to Edgecliff Village in fiscal year October 2004 through September 2005.
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10.
FEES CHARGED ANIMAL OWNERS
Edgecliff Village hereby agrees that City may charge, or cause to be charged, the fees set
out in "Exhibit B" to Edgecliff Village or the owners of animals which 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 Edgecliff Village 120 days written notice. If an animal's owner reclaims the animal and
pays the kenneling fees, then the City will not charge Edgecliff Village 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 Edgecliff Village 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 Edgecliff Village shall be responsible to City for the fees.
11.
LIABILITIES
A. To the extent permitted by law, Edgecliff Village shall be responsible for all work-related
deaths, injuries or diseases of Edgecliff Village employees, and, for property damage,
personal injury or death caused by City of Edgecliff Village employees or volunteers,
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's own employees or volunteers, relating to work provided pursuant to this
Agreement.
C. Edgecliff Village shall be responsible for all property damages, personal injuries and
death arising from the use of City and Edgecliff Village equipment and vehicles caused
by Edgecliff Village employees or volunteers pursuant to this agreement. Furthermore,
Edgecliff Village shall be responsible for the repair or replacement of all such equipment
and vehicles damaged, destroyed, lost or stolen caused by Edgecliff Village employees or
volunteers during the provision of services hereunder.
D. City shall be responsible for all property damages, personal injuries and death arising
from the use of City equipment and vehicles caused by City employees or volunteers
pursuant to this agreement. City shall also 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. It is expressly understood and agreed that, in the execution of this Agr emeB er,,��_
City nor Edgecliff Village waives, nor shall be deemed hereby to waive, a y ifririi
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defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions.
B. Nothing in this Agreement shall be construed to benefit any third party other than an
employee or officer of Edgecliff Village or City while in the performance of this
Agreement. This Agreement may not be construed to expand the liability of City or
Edgecliff Village beyond the scope of Chapter 101 of the Texas Civil Practice and
Remedies Code, Vernon's Texas Codes Annotated,unless specifically stated herein.
13.
TERMINATION
It is further agreed by and between City and Edgecliff Village, that City and Edgecliff
Village shall each have the right to terminate this Agreement upon thirty (30) days written notice
to the other party.
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 Edgecliff Village.
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 Edgecliff Village as an Interlocal Agreement
pursuant to VTCA, Government Code, Chapter 791.
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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.
EXECUTED in triplicate this day of� ,o� , 2004, in
Fort Worth, Tarrant County, Texas.
CITY OF ORT RTH CITY OF EDGECLIFF VILLAGE
Joe P ag a Ed
Assist t Ci an ger May
APPROVED AS TO FORM APPROVED AS TO FORM
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Assistant City Attorney City Attorn y
ATTEST: ATTEST:
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Marty Hendrix City Secretary
City Secretary
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act Authori ation
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"EXHIBIT A"
SCHEDULE OF FEES TO BE PAID BY EDGECLIFF VILLAGE
DAILY BOARD FEE
Kenneling(per dog, cat or other small animal) $12.00 per day
Quarantine (per animal) $18.00 per day
SERVICE CALLS AND RABIES RESPONSE
(Excluding head preparation and shipment)
Per Staff Hourly Charge $56.00
HEAD PREPARATION AND SHIPMENT
Per Animal Head $65.00
EUTHANIZATION AND DISPOSAL
Per animal $12.00
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"EXHIBIT B"
CITY'S ANIMAL CARE AND CONTROL DIVISION SCHEDULE OF
FEES TO BE PAID BY ANIMAL OWNERS FOR RECLAIMED ANIMALS
RABIES VACCINATION FEE
Per reclaimed dog or cat $ 9.00
DAILY BOARD FEES:
Kenneling (dog, cat, small animal) $12.00 per day
Kenneling (other than dogs, cats or small animal) $12.00 per day
Quarantined animals $18.00 per day
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/31/2004
DATE: Tuesday, August 31, 2004
LOG NAME: 50RABIESMUNI REFERENCE NO.: **C-20244
SUBJECT:
Interlocal Agreement between the City of Fort Worth and Other Tarrant County Municipalities for the
Purpose of Rabies Control 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 County municipalities for the purpose
of rabies control and rabies specimen shipment from October 1, 2004, through September 30, 2005.
DISCUSSION:
The Animal Care and Control Division has historically assisted some Tarrant County municipalities in the
processing and shipment of head specimens to the Bureau of Laboratories in Austin for the purpose of
rabies control. Rabies control includes the kenneling of impounded animals and euthanization. The Texas
Government Code, Chapter 791.011 provides that a local government may contract with another to
perform "governmental functions and services". Under this Code, the City of Fort Worth Animal Care and
Control Division may provide animal impoundment, boarding, quarantine, euthanization and disposal
services to a municipality. In FY 2004, the City of Benbrook contracted for specimen shipment
services. The Cities of Forest Hill, Kennedale, Edgecliff Village, Pantego and Dalworthington Gardens
contract for boarding, quarantine, euthanization and disposal services. Municipalities desiring to contract
for any of these services will be required to renew the agreement annually. The municipalities contracting
with the City will pay for services in accordance with the fees shown below:
SERVICE FEE
Daily Board Fee $12.00
Quarantine Fee $18.00
EuthanizationlDisposal Fee $12.00
Service Request $56.00
Emergency Service Request $65.00
Educational Services $56.00/hr
Rabies Specimen Shipment $65.00
The Animal Care and Control Center will accept delivery of dogs, cats, ferrets, or non-prohibited animals
and wild animals in cages between the hours of 8:00 a.m. and 5:00 p.m. daily. The Animal Care and
Control Division will respond to requests for service from 8:00 a.m. until 4:00 p.m. daily. Pet owners
reclaiming their animals from the Animal Care and Control Center will be required to provide proof of
ownership of the animals, present photo identification, and pay the appropriate fees for reclamation or
provide a copy of a receipt showing payment of fees to the contracting city. Furthermore, pet owners who
live in the City of Fort Worth whose animals are impounded in other municipalities and brought to the
Logname: 50RABIESML NI Page 1 of 2
Animal Care and Control Center will be required to purchase City registration tags for their pets. Such
animals will be required to be altered in compliance with the City's mandatory spay/neuter
program. Boarding fees for pets reclaimed by their owners will be paid by the owners not the contracting
municipality unless the owner provides proof of fees paid to the contracting city. Boarding for pets not
reclaimed will be charged to the contracting municipality. A euthanization and/or disposal fee will be
charged for wild animals that will be euthanized or relocated and other animals that will be euthanized
upon delivery to the Center.
The City of Fort Worth shall have the right to terminate this agreement without cause upon thirty (30) days
written notice to the contracting municipality. Staff recommends the approval of this interlocal agreement
procedure.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Public Health Department, Animal Care and Control Division, will be
responsible for the collection and deposit of funds due to the City as a result of these agreements.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 VARIOUS 0504001 $0.00
GG01 VARIOUS 0504002 $0.00
Submifted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Daniel Reimer (871-7201)
Additional Information Contact: James Agyemang (3743)
Logname: 50RABIESMLTNI Page 2 of 2