HomeMy WebLinkAboutContract 45408 i y marzoCRECAW
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cONTRACT No.arm►.,
COUNIII Y OF TAR A T
ANTE CAL AGREEMENT FOR RABIES CONTROL
THIS AGREEMENT is made and entered into by aid 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 .l ennedale, a home rule municipal corporation located in Tarrant:
County, J'exas, acting by and tl-rough its duly authorized �
(hereinafter referred to as "Ke ned al e" .
WITH SSETH
HE S, chapter 791 of the Texas Government Code authorizes the formulation of
it terloeal 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 wn as the
Rabies Control Act of 1981 (hereinafter refereed to as the "'Act"'), requires, governing bodies of
each municipality to designate a local rabies control authority to enforce the pct and minimum
standards for rabies c ntro�l adapted by -the Texas Department of State Health Services and
WHEREAS, Section 826.016 of said Act authorizes a municipality to enter into
agreements enis with public entities to carry out activities required or authorized under the Act and
WHEREAS, Kenneda.le wishes to participate in an interlocal agreement with City for the
purpose of limited rabies control in the City of Kennedale; and
WHEREAS, Kenneda,le and City mutually desire to h....e subject to the prow,si,ons of
Chapter 791 of the 'l"exas Government Code, also known as the Interlo °al Cooperation Act.
SOW, THEREFORE., it: is agreed as follows:
1.
PURPOSE
The purpose of this Interlocal Agreement is to enter into an agreement between the pity
and Kennedale whereby, subject to the terms and conditions herein after set forth and for the
cos sideratio�n specified below, City agrees to provide Ke -iedale with limited rabies control
services in the City of en_nedale, and City agrees to provide iMpOundment and quarantine
facilities for animals pursuant to this Agreement for the benefit of Ke riedale.
r OFFICIAL RECORD
C CITY SECRETARY
ET R
R Y
6
FT' s WORTHi TX
R'E C E I V'E'D MAR 0 6 V14
7
2.
DEFINITIONS
For the purposes of Agreement, the fallowing definitions shall apply,
ACT .shall mean the Rabies t.,,ontral Act of 19�8,1 codified as Chapter 826 of the Texas
Health and Safety Code.
ANIMAL shall mean any living, vertebrate creature, domestic or wild, other than home
sapiens.
ANIMAL CARE AND CONTROL CENTER shell mean the facility located at 4900
Martin Street, Fort Werth, Texas, which is operated by the City for the purpose of
I
mpound n and caring for animals as prescribed by law.
BITE shall mean a bite or scratch capable of transmitting rahles, which is inflicted by an
animal an a human..
CAT shall mean a commonly domesticated member of the Felidae (feline) family, other
than a lion, tier, bobcat,jaguar, panther, leopard, cougar, ear other prohibited anim,al.
DANGEROUS DOG shall rnean a deg that makes an unprovoked attack an a person or
other animal that causes bodily injury and occurs in a place other than an enclosure in which
the deg is being kept and -that was reasonably certain to prevent the deg from leaving the
enclosure an its o or a deg 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
dug from leaving the enclosures on its awn and those acts cause a person to reasonably
believe that the dog will attack and cause bodily ii1juryto that person,
DAY shall mean a calendar day or any part thereof.
DOG shall mean cams fa iliaris.
QUARANTINE shall mean the strict confinement of a biting animal, in accordance with
the Act and the Rules.
BYES shall mean an acute viral disease of man and animal affecting the central
nervous system and usually transmitted by an animal faits.
RULES shall mean the rules adapted by the Texas Department of'States Health th Services
for rabies control and, eradication under 25 TAC § 1 69.21 et seq.
STRAY shall mean roaming with no physical restraint beyond they premises of an
animals owner or keeper.
3.
friterlocal Agreenient with Ken,nedale for R "'o tr l for 2013-2014 Page 2 of 91
TERM
The to of this Agreement is for a period of one, (1), year commencing on October I
2013 and ending on September 30, 2014.
4.
SHWI CIES BY CITY
A. Hours
City agrees to perform the services annotated in Subsection B below, r Kennedale
between the hours of 8,-0101 a.m. and 5:00 p.m. only, Tuesday thru. Saturday, and 8:00 a.m.,
to 4:00 p.m, Sunday and Monday, excluding holidays, with no afterhours service
provided.,
B. Rabies Res
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 Kennedale to the City.
C. 1M,Po and ment of Animals
City will board animals delivered to the City's Anin-ial Care and Control Center by
Kenneda-le officials,
5.
DtFFJ[`,S 0111 KENNEDALE
A. Kennedale agrees that it will retain all responsibility for enforcement. of all aspects of the
4,
Act not covered in Section 4, of this Agreement, including criminal enforcement.
B. Kiennedale 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 ftirther agrees that City is not required to
pursue the *Issuance and execution of such warrants.
6.
IMPOUN LAM EN"I'l QUARAN-171-N-Ed 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 72 hours unless released earlier to its owner. A quarantined
animal shall be held or presented for testing according to the Act and the Rules.
Kennedale shall provide in writing to the City the date of the bite incident and the
animal's date of release frorn quarantine.
Interlocal Agreement with Kennedale for Rabies Control, for 20:13-20,14, Page 3 of 9
B. Prior to the expiration of the Impoundment period, the City may destroy an impounded
,an inal if the Superintendent of-the Animal Care and Control Division 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
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its vaccination is not current and the ani'mal's owner resides within 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 Keiuiedale not reclaimed by their owner will be euthanizedl
and Kennedale will be billed for the cost of quarantine, eUthanization and disposal as
applicable.
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 Kiennedale 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 tinder the authority of Chapter 822 Subichapter D. of the Texas Health
and Safety Code.
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. 1 shall not i"'inp�ound s,tra als *f Kennedale fafls to enact and ma*nta*n rules
C" y ani'm I I I I
or ordinances tirsuant to Sections 826.015 and 8126.03,3 of the Texas, Health and
Safe!y Code that reguire animals to be restrained at all times,
RIESPON'SIBILITY 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,,
Interlocal:Agreement with Kennedale for Rab Control for 20,13-2014 Page!4 of 9
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 1`6r 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 Kei-inedale 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, 2013
through September 30, 2014, Kennedale 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 Kennedale 120, days written
notice.
B. The number of boarding days, for billing purposes, wiIJ begin on the day that the animal is
impounded and continue as long as the animal is held. In addition to boarding fees, a
quarantine fee will be charged on all animals placed into quarantine, and an administrative
fee will be charged on all animal *Impoundments. Euthanasia and disposal fees and head and
shipment preparation fees shall be as described in Attaclunient A.
services rendered
C. Kern-iedale will not pay City more than (2 0 in total, for
during the to of this Agreement. This amount shall herein constitute a not to exceed
limitation pilaced upon this Agreement, and when Such amount is reached, City will cease
providing such services. City agrees to provide the City of Keimedale with an itemized
quarterly 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 owls'this Agreement, City shall bill Kennedale
for any outstanding balance, regardless of the an-lo unt, and Kennedale agrees to promptly pay
such bill, within thirty (30) days of receipt.
D. Pursuant to the requirements, of Section 791.011( 1) 3 of the Texas drove went Code, the
1 0
amount due City under subparagraph A. above shall be paid iro m. revenues available to
Kennedale in fiscal year October 2013 through September 2014.
Inter local Agreement with Kennedale for Rabies Control for 2013-2014 Page 5 of 9
10.
LIABILITIES
A. To the extent permitted by law, Kennedale shall be responsible for all work-related
deaths, injuries or dis,eases 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 disuses seases of City employees, and, for property damage, personal injury or death
caused by City employees or volunteers, relating to work provided pursuant to this
A,greement.
C. Kennedale shall be responsible for atl 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 darnages, 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 & `FHIRD PARTIES
A. it is expressly understood and agreed that, 'in the execution of this Agreement, neither
City nor Ken-nedale waives, nor shall be deerned hereby to wai,ve any immunity or
defense that would otherwise be available to it against claims arismg 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 perforn-iance of this Agreement.
'I"his 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
speci H'I"cally stated herein.
12.
TERMINA"I"'ION'
It is further agreed by and between City and Kertnedale, that City and Kennedale shall
each have the right to terminate this Agreementupon thirty (3 1) days' written notice to the other
party.
Interlocal Agreement with Kennedale.for Rabies Control for 2013-2014 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 it"not contained herein.
14.
MODIFICATION
This Agreement may be modified by the Mutual agreement of the parties', if the
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moditication is in writing and signed by City and Kennedale.
15.
SEVERAB IL,ITY
in case any one or more of the provisions contained in this 'A' greernent shall for any
Such invalidity, illegality,, or
reason be held to be invalid illegal, or unenforceable in any respect,
unenf6rceability 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 Ken-nedale as an Interlocal Agreement pursuant to Chapter
791 of the Texas Government Code.
1,7.
AUTHORIZA T ION'
The undersigned officer and/or agents of the parties hereto are properly authorized
oiiicials 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 eff&ct.
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 weathen governmental restrictions, regulations or interferences- fires- strikes-
national disasters- riots; material or labor restrictions; transportation problems; or any
lockouts, I I 1�
other circumstances which are reasonably beyond .the control of the party obligated or perrnitted
under the terms of this Agreement to do or perform the same, regardless of whether any such
0 f 1 1
circumstance is similar to any o -those enumerated or not.,, the party so obligated, or permitted
shall be excused from doing or performing the sane during such period of delay.
Interlocal Agreement with Kennedalefcar Rabies Control for 2011,3-2014 Page 7 of
19.
FISCAL FUNDfNG LIMITATION
If for any reason, at any time during any term ofthis Agreement, the Fort Worth City
Council fails to appropriate funds sufficient for the City to ftl[lfill its obligations under this
Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (3 01)
days following delivery to "&ennedale of written notice of the City's *Intention to ten-ninate 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 SECtJ'RITY
If the United States Department of Homeland Security issues a Level Or or Level
Red Alert, City, in its sole discretion, may terminate the Agreement imn-iediately.
EXECUTED in triplicate this —,—I( day of 20#- n
Tarrant County, Texas.
CITY OF FORT WORTH Cl"'I"Y OF KENNEDALE
low
00-
0 V
A
harles W. Daniel*s. 'Lk
Assis ant City Manager
APPROVED AS '-f'O FO R.M, APPROVED A'S '"I"O FORM
w.
Arthur N. Bashoir
Assistant City Attorney City Attorney
ATTEST: ATTEST:
A.-
111 111,011 .............................
Mary J. Kayser Ck 00 City Secreta�
City Secretary
0 0
M&C C-216547
CP
000,00000
OFFICIAL RECORD
E,I I TARY
CITT S 0 1
hiterlocal Agreement with Kennedale for Rat)ies Control for 2013-2014
ff,w WORTHI,TX
IIIEXI 111314' Att
SCHEDULE OF' F'E ELIS "FOBE PAID BY KENN',[ DALE
DAILY" BOARD FEE
Kenneling (per dog, cat or other small animal) $15.00 per day
Quarantine (pier anlimal) $20.00 per day
Quarantine fee (per animal) $1001.00
HEAD PREPAR-A"I"ION AND SHIPMENT
Per Animal Flead, $100.00
EUrr FIANIZATION AND DISPOSAL
Per anin-ial, $501.00:
ADMMISTRATION FEE (per lMP n ent) $50.00
Inn erlocal Agreement with Kennedale for Rabies Control foir 20 13-2014 Page 9 of 9
M&C Review Page 1, of 2
Official site of the City of Fort Worthi, I-exas
..VVUUVI'�IIUMNIUIII y
For WORTH
CITY COUNCIL AGENDA
COUNCIL, ACTION: Approved on 11/5/2013
REFERENCE 23RABIES CONTROL
DATE: 1!1/5/2013 NOSS' **C-26547 LOG N�AM!E,* VARIOUS MUNICIPALITIES F1Y
2014
CODE'S C TYPE, CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Interlocal Agreements with'h Tarrant County and Various
Municipalities for the Purpose of'Providing Animal and Rabies Control Services and Rabies
Specimen Shipments During Fiscal Year 2014 (ALL COUNCIL DISTRICTS)
MIN
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Interl'io:cal Agreements with Tarrant
County and various municipalities within the county for the purpose of providing limited animal and
rabies cont'roll and ra�blies specimen shipments from October 1, 2013 through September 30, 2014.
GISCUSSIONI:
The Code Compliance Department, Animal Care and Control Division, has, h�istorically assisted
Tarrant Colu�nty and various miunicipalities 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, eutha,niz,ation, 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 "go erne ental functions, and services,l" which includes. functions and services
related to pubillic health and welfare. Under this provision, the City of Fort Worth may enter into an
interlocal Agreement so, that the Animal Care and Control Division may provide animal control, animal
impoundment, boarding, quarantine, e�utha�nization and disposal services to a municipality.
This Mayor and Council Communication will authorize interlocalAgreements for Fiscal Year 2014
with the foll'o ring entities: the City of Benbrook is contracting for specimen, shipment services; the
Cities of Forest H�ill, Kennedale, Edgecliff Village, Pantego and Dalworthington Gardens are
contracting, for boarding, quarantine, specimen shipping, euthanization, chemical capture animal care
fee and disposal services; the City of Blue Mound and Tarrant County are contracting for the services,
listed above plus periodic routine animal control services by request. Municipalities desiring to
contract for any of these services are required to execute a new Agireement annually.
Some of our supported municipalities have initiated chemical capture pr�og�rams. Dogs that have been
captured using tranquilizer guns, must be given extraordinary, care when they are brought to, the
shelter. The extraordinary care consists of kenneling them in specific cages that will minimize light
and noise and they must have cont,in�ual monitoring by the veterinarian staff until they are awake and
have been observed drinking and eatingi. For this reason) we have added a chemical capture animal
care fee of$75.00 per animal.
The following fee schedule comprises the Fisca�l Year 2014 fees:
http://apps.cfw,net.org/council pacKet/mc-
1 0 =1,9 0 9 7&c o unc'l date=1, 1/5/2 01 131 3/6/2014
_ revi lew.asp'?I D I
M&C Review 1-% 0^
Page Z 01 z
SERVICE FY 2014 FEE
Administrative Fee Per Animal Impoundment $ 50.00
Daily Boarding Fee $ 15.010
Euthanasia/Disposal Fee $ 50.00
Quarantine Boarding Fee $ 20.00
Administrative Fee Per Animal Quarantine $ 1010.00
Field Service Request $ 87.00
Specimen Preparation and Shipment $ 100.00
Administrative Fee Per Specimen Shipment $ 25.,00
Emergency Field Service Request $ 100-00
Chemical Capture Animal Care Fee $ 75.00
Educational Presentations, $,70.00 per hour
Based on revenues received from Interlocal Agreements in Fiscal Years 2012 and 2013, Staff
anticipates revenue in Fiscal Year 2014 to total $55,000.00 from kenneling, $70,000.00 from various
services and $3,000.00 from specimen ship ling.
FISCAL INFORIVIATIONXERTIFICATION:
The Financial Management Services Director certifies that the Code Compliance Department, Animal
Care and Control Division, is responsible for the collection and deposit of funds due to the City,
TO Fand/Accowit/Centers FROM Fund/Account/Centers
Submitted for Citv Manacjefs-Office Charles Daniels (61 99)
Originating Ike.partment Head: Brandon Bennett (6345)
Additional Information Contact: Michael Cam�p (7020)
,Shannon Elder (6326)
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ATTACHMENTS
http://apip:s.c-fwi,iet.o,rg/colunci]_placket/mc—review.asp?11)=I 9101917&councildate—11/15/2013 3/6/20 1,4