HomeMy WebLinkAboutContract 47011 rrY SL
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CONTRACT NO,
STATE M`°F TEXAS §
§
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
CITY OF FORT WORTH AND TARRANT COUNTY
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 Tarrant County, Texas, acting by and through its duly authorized County Judge
(hereinafter referred to as "County").
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, County wishes to participate in an interlocal agreement with City for the
purpose of limited rabies control in the unincorporated areas of Tarrant County; and
WHEREAS, County 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 City and
County whereby, subject to the terms and conditions hereinafter set forth and consideration
specified below, City agrees to provide County with limited rabies control services in the
unincorporated areas of Tarrant County, and City agrees to provide impoundment and quarantine
facilities for animals pursuant to this Agreement for the benefit of County.
OFFICIAL Rl;;roCORD
SIT SECRETARY
Ft INORT1 1�� 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 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 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 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.
Interlocal Agreement with Tarrant County for Rabies Control Page 2 of 12
3.
TERM
Unless terminated pursuant to the terms herein, this Agreement shall be from October 1,
2014, to September 30, 2015. 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 County in the unincorporated
areas of Tarrant County, between the hours of 8:00 a.m. and 4:00 p.m. week days and
weekends, excluding holidays. In the event of an emergency or involving potentially
rabid animals that occur after-hours, weekends, or holidays, City agrees to provide
services in Subsection B. and C. in the manner and extent that the City deems
appropriate.
B. Calls For Service
City will screen and respond to the incoming calls listed below in the manner and to the
extent that it deems appropriate, including but not limited to the impoundment of stray
animals and the euthanizing of sick or injured animals. Incoming calls include:
(1) Reports of stray injured animals;
(2) Reports of stray dangerous dogs;
(3) Reports of captured animals;
(4) Reports by officials of public or private elementary and secondary schools
of stray animals upon or near school property; and
(5) Requests by County to patrol for stray animals in specific areas on a
limited basis.
C. 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) Screen incoming calls, take reports and investigate such reports of bites or
of animals that are suspected of being rabid;
(2) Place animals referred to it in C (1) above in rabies quarantine or
euthanize such animals for rabies testing;
(3) Process and ship other animal specimens for rabies testing which are
presented by the County to the City; and
(4) Provide surveillance and trapping of suspected bite animals and of animals
that are suspected of being rabid.
(5) Promptly report to county epidemiologist and the health authority any
potential or actual human exposure to a rabid animal(s) occurring in the
unincorporated areas of the County.
D. Impoundment of Animals
City will impound animals pursuant to Section 6.
5.
Interlocal Agreement with Tarrant County for Rabies Control Page 3 of 12
DUTIES OF COUNTY
A. County 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. County agrees that it will provide prompt response by the Sheriffs Office to calls for
assistance by the City when performing services under this Agreement.
C. County 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 (C) of this Agreement, whose owners have failed or refused to place
them for quarantine or testing. County further agrees that City is not required to pursue
the issuance and execution of such warrants.
D. County agrees to provide City with three (3) dog traps and six (6) cat traps at the
commencement of this Agreement and will replace any of such traps that are stolen or
destroyed within thirty(30) days during the term of this Agreement. If this Agreement is
not renewed, such traps will be returned to County.
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 seventy-two (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. The County shall provide in writing to the City the date of the bite incident and
the animal's date of release from quarantine. Any animal presented by a resident of
unincorporated Tarrant County may be accepted by the City provided that County shall
pay board for such surrendered animals,until disposition, as specified in Exhibit"A".
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 of the City 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 identification;
(2) Payment of Exhibit`B"fees;
(3) Purchase of a City license tag if the animal is a dog or cat and the owner resides
within the City;
(4) Arranging for a rabies vaccination for the animal if it is a dog or a cat over 16
weeks of age and its vaccination is not current; and
D. The ownership of impounded animals that have not been released to their owners on the
expiration of the impoundment period reverts to the County, and the County authorizes
the City to place the animals for adoption, transfer them to other animal welfare agencies
or to be humanely euthanized, at the discretion of the City or as required by law.
Interlocal Agreement with Tarrant County for Rabies Control Page 4 of 12
E. All quarantined animals from the County not reclaimed by their owner will be disposed
of pursuant to Section 6.1). above and the County will be billed for the cost in accordance
with the fee schedule.
F. Tarrant County will be billed for boarding of all impounded animals delivered by or
from unincorporated Tarrant County 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 or otherwise disposed of in accordance with this agreement. 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 County 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
unincorporated areas of Tarrant County, under the authority of Chapter 822 Subchapter
D. of the Health and Safety Code, Vernon's Texas Codes Annotated.
C. City shall not patrol for and/or impound stray animals if County fails to enact and
maintain rules or ordinances pursuant to Sections 826.014 and 826.033 of the Texas
Health and Safety Code that require animals in the unincorporated areas of the
County 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(except as provided in Paragraph 5(D) of this Agreement) used by such employees for
providing services under this Agreement. County shall have no direct supervisory authority over
such employees except in emergency situations where the exercise of supervision by County
becomes necessary. Regarding workers' compensation insurance, the City shall not waive its
right to subrogate against the County for losses incurred in the course of City's services rendered
to County under this Agreement.
9.
Interlocal Agreement with Tarrant County for Rabies Control Page 5 of 12
l
COMPENSATION
A. As fair compensation for the services rendered Tarrant County 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 Tarrant
County 120 days written notice.
B. The number of boarding days, for billing purposes, will 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 Attachment A.
C. Tarrant County will not pay City more than$95,000.00 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 City of Tarrant County with an
itemized monthly bill. Tarrant County agrees to promptly pay such bills upon presentation
by the City, such payments to be made from current revenues available to Tarrant County,
within thirty (30) days of receipt. In the event of the termination of this Agreement, City
shall bill Tarrant County for any outstanding balance, regardless of the amount, and Tarrant
County agrees to promptly pay such bill, within thirty(30) days of receipt.
D. 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 fiom revenues available to
Tarrant County in that current fiscal year.
10.
FEES CHARGED ANIMAL OWNERS
County 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 the County 120
days' notice. If an animal's owner reclaims the animal and pays the kenneling fees,then the City
will not charge the County 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 the County 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 County shall be responsible to City for the fees.
11.
Interlocal Agreement with Tarrant County for Rabies Control Page 6 of 12
LIABILITIES
A. To the extent permitted by law, County shall be responsible for all work-related deaths,
injuries or diseases of County 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 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. County shall be responsible for all property damages, personal injuries and death caused
by the use of City and County equipment and vehicles pursuant to this Agreement.
Furthermore, County shall be responsible for the repair or replacement of all such
equipment and vehicles damaged, destroyed, lost or stolen by County 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. The County expressly waives its right to assert immunity from suit for a claim forming
the basis of a suit between the City and County alleging a breach of this Agreement. The
County does this as consideration for the City's offer to enter into this Contract with the
County. 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 benefit any third party other than an
employee or officer of County or City while in the performance of this Agreement. This
Agreement may not be construed to expand the liability of City or County 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 County that City and County shall each have
the right to terminate this Agreement upon thirty (30) days' written notice to the other party.
14.
Interlocal Agreement with Tarrant County for Rabies Control Page 7 of 12
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 County.
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 County 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
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 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 applicable to such design or construction requirement shall be extended for a period of
time equal to the period such party was delayed.
20.
Interlocal Agreement with Tarrant County for Rabies Control Page 8 of 12
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 County 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.
Remainder of Page Intentionally Blank
Interlocal Agreement with Tarrant County for Rabies Control Page 9 of 12
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR RABIES CONTROL
CITY OF FORT WORTH AND TARRANT COUNTY
CITY OF FORT WORTH TARRANT COUNTY
C-harles-W.-Dartiels, C0 TTY I, B. Glen Whitley
Assistant City Manager County Judge
Date: 9//�5/5-
RECOMMENDED
Dr. Timothy Morton
Asst. Code Compliance Director
APPROVED AS TO FORM APPROVED AS TO FORM*
Arthur N. Bashor ,Sriminal Distritt Attorney's Office*
Assistant City Attorney
CERTIFICATION OF AVAILABLE FTDS:
IFOR
ATTEST: '00110000�
1 9-4 Tarrant County Auditor
I?
Mar-yv
City Secret
m&c
*By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document as to form
from our client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review
from independent counsel.
('OFFICIAL 13ECORF)
Interlocal Agreement with Tarrant County for Rabies Control F'K VIRMT11v lf)( Page 10 of 12
EXHIBIT A
SCHEDULE OF FEES PAID BY COUNTY
DAILY BOARD FEE
Kenneling (per dog, cat or other small animal) $30.00 per day
Quarantine (per animal) $50.00 per day
Quarantine fee (per animal) $100.00
SERVICE CALLS AND RABIES RESPONSE
(Excluding head preparation and shipment)
Per Request $100.00
HEAD PREPARATION AND SHIPMENT
Per Animal Head $150.00
EDUCATIONAL SERVICES
Per Staff Hourly Charge $70.00
EUTHANIZATION AND DISPOSAL
Per animal $100.00
AFTER-HOURS WEEKEND AND EMERGENCY ANIMAL CONTROL RESPONSE
Per Request $200.00
ADMINISTRATIVE FEE $50.00
Per impoundment or service request
Remainder of Page Intentionally Blank
Interlocal Agreement with Tarrant County for Rabies Control Page 11 of 12
EXHIBIT B
SCHEDULE OF FEES TO BE PAID TO CITY BY OWNERS RECLAIMING ANIMALS
RABIES VACCINATION FEE
Per reclaimed dog or cat $ 9.00
DAILY BOARD FEES:
Kenneling(dog, cat, small animal) $30.00 per day
Kenneling (other than dogs, cats or small animal) $30.00 per day
Quarantined animals $50.00 per day
Remainder of Page Intentionally Blank
Interlocal Agreement with Tarrant County for Rabies Control Page 12 of 12
M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCILAGENDA
FORTWO Rif I1
COUNCIL ACTION: Approved on 8/18/2015
REFERENCE ** 23RABIES CONTROL
DATE: 8/18/2015 NO.: C-27422 LOG NAME: VARIOUS MUNICIPALITIES
2015
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Interlocal Agreements with Tarrant County and the Cities of
Benbrook, White Settlement, 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 2015 with Renew
Options (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Interlocal Agreements with Tarrar
County and the cities of Benbrook, White Settlement, 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, 2015 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 testin
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 function:
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 2015,
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 and the City of White Settlement are contracting for specimen shipment
services only;
the Cities of Kennedale, Edgecliff Village, Pantego and Dalworthington Gardens are contracting fol
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.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=21314&councildate=8/18/2015
M&C Review
The following fee schedule comprises the Fiscal Year 2015 fees:
SERVICE FY 2015 FEE
Administrative Fee $50 per impoundment or
service request
Daily Boarding Fee $30.00 per day
Kenneling (per dog, cat or other small animal) $50.00 per day
Quarantine (per animal) $100.00
Quarantine fee (per animal
Service Calls and Rabies Response (excluding head preparation $100.00 per request
and shipment
Head Preparation and Shipment $150.00 per animal head
Education Services Staff Charge $70.00 per hour
Euthanization and Disposal $100.00 per animal
Spay or Neuter Fee
Per Cat $50.00
Per Do $80.00
Rabies Vaccination Fee $9.00 per animal
Microchip Fee $12.00 per animal
After-hours, Weekend and Emergency Animal Control Response $200.00 per request
In addition to the above fees, Animal Care and Control will also collect fees from owners from Tarrar
County and these various municipalities, as follows:
SERVICE FY 2015 FEE PER
RECLAIMED ANIMAL
Rabies Vaccination Fee $9.00
Spay or Neuter Fee
Per Cat $50.00
Per Do $80.00
Microchip Fee $12.00
Daily Board Fees
Kenneling (dog, cat, small animal) $30.00 per day
Kenneling (other than dogs, cats or small animals) $30.00 per day
Quarantined Animals $50.00 per day
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Animal Care and Control Division of
the Code Compliance Department will be responsible for the collection and deposit of funds due to
the City under these Agreements. Upon receipt, these funds will be deposited into the General Func
Code Compliance Department, Animal Care and Control Division which has total estimated revenue
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21314&councildate=8/l 8/2015
M&C Review
in Fiscal Year 2015 in the amount of$142,853.00. As of July 17, 2015, the amount of$177,206.26
has been received,
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 4(VARIOUS) 0239003 $144,853.00
Submitted for City Manager's Office by: Rudolph Jackson (6199)
Originating Department Head: Brandon Bennett (6322)
Additional Information Contact: Tim Morton (7204)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/me—review.asp?ID=21314&councildate=8/18/2015