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CONTRACT NO. -
STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
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, a home -rule municipal corporation located in Tarrant
County, Texas, acting by and through its duly authorized %A OL
(hereinafter referred to as "Kennedale ").
WITNESSETH:
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, 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 purpose of this Interlocal Agreement is to enter into an agreement between the City
and Kennedale whereby, subject to the terms and conditions hereinafter set forth and for the
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 quarantine
facilities for animals pursuant to this Agreement for the benefit of Kennedal
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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 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 will attack and cause bodily injury to that person.
DAY shall mean a calendar day or any part thereof.
DOG shall mean cans 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.
STRAY shall mean roaming with no physical restraint beyond the premises of an
animal's owner or keeper.
3.
Interlocal Agreement with Kennedale for Rabies Control for 201 1 -2012 Page 2 of 9
TERM
The term of this Agreement is for a period of one (1) year commencing on October 1,
2010 and ending on September 30, 2011.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services annotated in Subsection B. below, for Kennedale
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 Kennedale to the City.
C. Impoundment of Animals
City will board animals delivered to the City's Animal Care and Control Center by
Kennedale.
5.
DUTIES OF KENNEDALE
A. Kennedale 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. Kennedale 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. Kennedale 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 Kennedale resident may be accepted by the City provided that
Kennedale shall pay one (1) day's 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
quarantined animal shall be held or presented for testing according to the Act and the
Interlocal Agreement with Kcnnedale for Rabies Control for 2011-2012 Page 3 of 9
Rules. Kennedale shall notify City in writing whether Kennedale does or does not desire
that the bite animal be prepared and shipped for testing. Kennedale 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 Animal Services Administrator or Animal Control Manager for the City 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 Kennedale 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 Kennedale not reclaimed by their owner will be euthanized,
and Kennedale will be billed for the cost of quarantine, euthanization and disposal as
applicable.
F. Kennedale will be billed for boarding of all impounded animals delivered by Kennedale
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 Kennedale as those terms are defined or used in Title 10 of the Texas Health
and Safety Code.
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 Kennedale under the authority of Chapter 822 Subchapter D. of the Texas Health
and Safety Code.
Interlocal Agreement with Kennedale for Rabies Control for 2011-2012 Page 4 ot'9
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 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. Kennedale
shall have no direct supervisory authority over such employees except in emergency situations
where the exercise of supervision by Kennedale becomes necessary for the resolution of the
emergency.
9.
CONSIDERATION
A. As fair compensation for the services rendered by City to Kennedale from October 1, 2011
through September 30, 2012, Kennedale 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 Kennedale 120 days written notice.
Kennedale will not pay City more than $5, cc C =° ' 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 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.
B. 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
Kennedale in fiscal year October 2011 through September 2012.
Interlocal Agreement with Kennedale for Rabies Control for 2011-2012 Page 5 of 9
10.
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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 Kennedale 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 employees or volunteers relating to work provided pursuant to this
Agreement.
C. Kennedale shall be responsible for all property damages, personal injuries and death
arising from 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 caused by Kennedale 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 Kennedale 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 Kennedale or City while in the performance of this Agreement.
This Agreement may not 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.
12.
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
party.
Interlocal Agreement with Kennedale for Rabies Control for 2011-2012 Page 6 of 9
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 Kennedale.
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 Kennedale as an Interlocal Agreement pursuant to Chapter
791 of the Texas Government Code.
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 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.
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
Interlocal Agreement with Kennedale for Rabies Control for 2011-2012 Page 7 of 9
period 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 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 Kennedale 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 Agreement immediately.
EXECUTED in triplicate this
Tarrant County, Texas.
CITY OF FORT WORTH
Charles W. Daniels
Assistant City Manager
APPROVED AS TO FORM
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Assistant City Attorney
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APPROVED AS TO FORM
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Interlocal Agreement with Kennedale for Rabies Control lbr 2011-2012
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Page 8 of 9
"EXHIBIT A"
SCHEDULE OF FEES TO BE PAID BY KENNEDALE
DAILY BOARD FEE
Kenneling (per dog, cat or other small animal) $15.00 per day
Quarantine (per animal) $20.00 per day
HEAD PREPARATION AND SHIPMENT
Per Animal Head $100.00
EUTHANIZATION AND DISPOSAL
Per animal $15.00
Interlocal Agreement with Kennedale for Rabies Control for 2011-2012 Page 9 of 9