HomeMy WebLinkAboutContract 36553CITY SECRETARY
CONTRACT NO. aL
STATE OF TEXAS §
COUNTIES OF TARRANT §
DENTON AND WISE §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
THIS AGREEMENT by and between the City of Fort Worth, ahome-rule municipal
corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called "City",
acting herein by and through Joe Paniagua, its duly authorized Assistant City Manager, and the
City of Forest Hill, hereinafter called "Forest Hill", acting herein by and through David Miller,
its duly authorized City Manager.
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, Forest Hill wishes to participate in an interlocal agreement with City for the
purpose of limited rabies control in the City of Forest Hill; and
WHEREAS, Forest Hill 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:
PURPOSE
The purpose of this Interlocal Agreement is to enter into an agreement between the City
and Forest Hill whereby, subject to the terms and conditions hereinafter set forth and for the
consideration specified below, City agrees to provide Forest Hill with limited rabies control
services in the City of Forest Hill, and City agrees to provide impoundment and quarantine
facilities for animals pursuant to this Agreement for the benefit of Forest Hill.
01-28-08 A09�42 IN
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 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 will attack and cause bodily injury to that person.
DAY shall mean a calendar day or any part thereof.
DOG shall mean cams 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
eradication under 25 TAC § 169.21 et seq.
Texas Board of Health for rabies control and
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,
2007 and ending on September 30, 2008.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services annotated in Subsection B. below, for Forest Hill
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; and/or
(2) Euthanize, process and ship for rabies testing animals which are presented
by Forest Hill to the City.
C. Impoundment of Animals
City will board animals delivered to the City's Animal Care and Control Center by Forest
Hill.
5.
DUTIES OF FOREST HILL
A. Forest Hill agrees that it will retain all responsibility for enforcement of all aspects of the
Act not covered in Section 4 of this Agreement, including criminal enforcement.
B. Forest Hill 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 Section 4 of this Agreement, whose owners have failed or refused to place
them for quarantine or testing. Forest Hill further agrees that City is not required to
pursue the issuance and execution of such warrants.
6.
IMPOUNDMENT, QUARANTINE AND DISPOSITION OF ANIMALS
A. Any animal presented by a Forest Hill resident may be accepted by the City provided that
Forest Hill shall pay one (1) days board for such surrendered animals and four (4) four
days board for delivered stray animals, as specified in Exhibit "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
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quarantined animal shall be held or presented for testing according to the Act and the
Rules. Forest Hill shall notify City in writing whether Forest Hill does or does not desire
that the bite animal be prepared and shipped for testing. Forest Hill 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 City's Director of Public Health 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 identification;
(2) Receipt or other proof of payment to Forest Hill 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 animal 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 sole discretion of the City.
E. All quarantined animals from Forest Hill not reclaimed by their owner will be euthanized,
and Forest Hill will be billed for the cost of quarantine, euthanization and disposal as
applicable.
F. Forest Hill will be billed for boarding of all impounded animals delivered by Forest Hill
for the number of days held during the impoundment period and/or for the number of
days held up to the date reclaimed by the owner. The number of days, for billing
purposes, will begin on the day that the animal is impounded.
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 Forest Hill 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 Forest Hill 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.
D. City shall not impound stray animals if Forest Hill 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. Forest Hill
shall have no direct supervisory authority over such employees except in emergency situations
where the exercise of supervision by Forest Hill becomes necessary for the resolution of the
emergency.
9.
CONSIDERATION
A. As fair compensation for the services rendered by City to Forest Hill from October 1, 2006
through September 30, 2007, Forest Hill 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 Forest Hill 120 days written notice. Forest
Hill will not pay City more than $11,000.00 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 Forest Hill with an itemized monthly bill. Forest Hill
agrees to promptly pay such bills upon presentation by the City, such payments to be made
from current revenues available to Forest Hill, within thirty (30) days of receipt. In the event
of the termination of this Agreement, City shall bill Forest Hill for any outstanding balance,
regardless of the amount, and Forest Hill 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 Forest Hill in fiscal year October 2007 through September 2008.
10.
LIABILITIES
A. To the extent permitted by law, Forest Hill 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 of Forest Hill 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. Forest Hill shall be responsible for all property damages, personal injuries and death
arising from the use of City and Forest Hill equipment and vehicles caused by Forest Hill
employees or volunteers pursuant to this Agreement. Furthermore, Forest Hill shall be
responsible for the repair or replacement of all such equipment and vehicles damaged,
destroyed, lost or stolen caused by Forest Hill 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.
11.
IMMUNITY &THIRD PARTIES
A. It is expressly understood and agreed that, in the execution of this Agreement, neither
City nor Forest Hill waives, nor shall be deemed hereby to waive, any immunity or
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 Forest Hill or City while in the performance of this Agreement.
This Agreement may not be construed to expand the liability of City or Forest Hill
beyond the scope of Chapter 101 of the Texas Civil Practice and Remedies Code,
Vernon's Texas Codes Annotated, unless specifically stated herein.
12.
TERMINATION
It is further agreed by and between City and Forest Hill, that City and Forest Hill shall
each have the right to terminate this Agreement upon thirty (30) days written notice to the other
party.
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13.
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.
14.
MODIFICATION
This Agreement may be modified by the mutual agreement of the parties, if the
modification is in writing and signed by City and Forest Hill.
15.
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.
16.
AUTHORITY
This Agreement is made for City and Forest Hill as an Interlocal Agreement pursuant to
VTCA, Government Code, Chapter 791.
17.
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 %J 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.
18.
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
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applicable to such design or construction requirement shall be extended for a period of time
equal to the period such party was delayed.
19.
FISCAL FUNDING LIMITATION
If for any reason, at any time during any term of this Agreement, the 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
by the City to [other parry] 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.
20.
HOMELAND SECURITY
If the United States Department of Homeland Security issues a Level Orange or Level
Red Alert, City, in its sole discretion, may terminate the Lease immediately.
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Signature Page for Rabies Interlocal with Forest Hill
EXECUTED in triplicate this 1 Oth day of January, 2008, in Fort Worth, Tarrant County,
Texas.
CITY (rbF
Joe Piz
Assistant
APPROVED AS TO FORM
Assistant City Attorney
ATTEST:
City Secretary
:cntract- All hors zatxou
REST HILL
APPROVED AS TO FORM
City Attorney
ATTEST:
a
CRP09.27.OSv1
"EXHIBIT A"
SCHEDULE OF FEES TO BE PAID BY FOREST HILL
DAILY BOARD FEE
Kenneling (per dog, cat or other small animal) $15.00 per day
Quarantine (per animal) $20.00 per day
RABIES VACCINATION FEE
Per reclaimed dog or cat $ 9.00
SERVICE CALLS AND RABIES RESPONSE
(Excluding head preparation and shipment)
Per Request $70.00
HEAD PREPARATION AND SHIPMENT
Per Animal Head $80.00
EUTHANIZATION AND DISPOSAL
Per animal $15.00
EMERGENCY SERVICE REQUEST
Per Request $80.00
Page 1 of 2
• •
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� -_ - � _.
DATE: Tuesday, October 02, 2007
LOG NAME: 50RABIESMNCPL08
REFERENCE NO.: **G-15902
SUBJECT:
Authorize the City Manager to Approve Interlocal Agreements 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 approve 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, 2007 through September 30, 2008.
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 including rabies specimen shipping, the kenneling of impounded animals and euthanization.
The Texas Government Code, Chapter 791.011 provides that a local government may contract with
another local government 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 2007, the City of Benbrook contracted for
specimen shipment services. The Cities of Forest Hill, Kennedale, Edgecliff Village, Pantego and
Dalworthington Gardens contracted for boarding, quarantine, specimen shipping, euthanization and
disposal services. The Village of Blue Mound contracted for these services plus animal impoundment.
Municipalities desiring to contract for any of these services are required to renew the agreement annually.
In September 2005, City Council approved a fee increase for the contract cities effective October 1,
2005. Below are the current fees:
Servvice
Daily Board Fee
Euthanization/Disposal Fee
Quarantine Board Fee
Service Request
Emergency Service Request
Educational Services
Animal Head Shipment/Rabies Testing
Fee
$15.00
$15.00
$20.00
$70.00
$80.00
$70.00 /hour
$80.00
Municipalities that contract for impoundment services will be responsible for all property damages,
personal injuries and death caused by the use of city equipment and vehicles. In addition, the municipality
shall be responsible for the repair or replacement of all such equipment and vehicles damaged, destroyed,
lost or stolen during the provision of services.
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Page 2 of 2
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
GG01 4 $2,000.00
(VARIOUS) 0504001
GG01 4 $32,000.00
(VARIOUS) 0504002
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Joe Paniagua (6140)
Daniel Reimer (7201)
James Agyemang (3743)
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1/30/2008