HomeMy WebLinkAboutContract 29394 10/14iO3 TUE 11:22 FAX 8178718359 FORT FORTH CITY ATTORNEY 191002
CITY SECRETARY
CONTRACT 1`40
STATE OF TEXAS § i l'
COUNTIES OF TARRANT §
AND DENTON §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
THIS AGREEMENT by and between the City of Fort Worth, a home-rale municipal
corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "City", acting
herein by and through Libby Watson, its duly authorized Assistant City Manager, and the City of
Pantego, hereinafter called "Pantego", acting herein by and through Lard_w_smi th
its dnlyauthorized City Manager
WIC 1VESSETH_
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; aiud
WHERE-AS, 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 Iocal rabies control authority to
enforce the Act and iuinimum 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
W EREAS, Pautcgo wishes to participate in an. interlocal agreement with City for the
purpose of limited rabies control in the City of pantego; and
WHEREAS, Pautego 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 Pantego whereby, subject to the terms and conditions hereinafter set forth and for the
consideration specified below, City agrees to provide Pantego with limited rabies control
services in the City of Pantego, and further that City agrees to provide impoundment and
quarantine facilities for animals impoiuided and quarantined under this Agreement for the benefit
of Pantego.
a �lAlDD
J�� �Y'�J U°�� � U oil.
10/14/03 TUE 11:23 FAX 8178718359 FORT WORTH CITY ATTORNEY _.. Q003
2.
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.
ANIWL 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.
SITE 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 pzohibited animal.
DANGEROUS DOG shall mean a dog that snakes 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 unprovok6d acts in a place other than all enclosure in
which the dog was being kept and that was reasonably certain to prevent the dog from
leaving the enclosure on As own.
DAY shall mean a calendar day or anypart thereof
DOG shall mean canis familiaris.
QUARANTINE shall paean the strict confi-cemm.t 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 paean roaming with no physical restraint beyond the premises of an
animal's owner or keeper.
t '
^' �' 't' '21
10/14/03 TUE 11:23 FAX 8178718359 FORT WORTH CITY ATTORNEY 0 004
3.
TERM
The term of this Agreement is for a period of one (1) year commencing on October 1,
2003, and ending on September 30, 2004.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services annotated in Subsection B. below, for Pantego, within
the City of Pantego, between the hours of 8:00 a.m. and 4:00 p.m. only, during the week
clays 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
Pantego to the City.
C. Impoundment of Animals
City will impound animals delivered to the City's Animal Care and Control Center by
Pantego.
5.
DUTIES OF PANTEGrO
A. Pantego agrees that it will retain all responsibility for enforeement of all aspects of the
Act not covered in Paragraph 4 of this Agreement,including criminal enforcement.
B. Pantego 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. Pantcgo farther agrees that City is not required to pursue the
issuance and execution of such warrants,
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 tluee (3) days, excluding the day it is impounded, unless released
10/14/03 TUE 11:23 FAX 8178718359 FORT WORTH CITY ATTORNEY X005
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) Purebase 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 withiu 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 Pantego not reclaimed by their owner will be euthanized,
and Pantego will.be billed.for the cost of quarantine, euthanization and disposal.
7.
EXCLY.75IONS
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 Pantego as those terms are defined or used in Title 10, Health and Safety
Code,Vemon's Texas Codes Ai'motated.
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 Pantego 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. QW shall not impound stray animals if Pantego fails to enact and maintain rules or
ordinances gursuant to Sections 826.015 and 826.033 of the Health and Safety Cod
Vernon Is Texas Codes Annotated that require animals to be restrained at all times.
8.
10/14/03 TUE 11:24 FAX 8178718358 FORT WORTH CITY ATTORNEY _f�j. 006
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, uneraploynient 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. Pautego shall
have no direct supervisory authority over such employees except in emergency situations where
the exercise of supervision by Pantego becomesnecessary for the resolution of the emergency.
9.
CONSIDERATION
A. As fair compensation for the services rendered by City to Pantego from October 1, 2003
through September 30, 2004, Pantego 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 Pantego 120 days written notice. Pantego
will not pay City more than $750 .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 Pantego with an itemized month)y bill.
Pantego agrees to promptly pay such bills upon presentation by the City, such payments to
be made from current revenues available to Pautego,within thirty(30) days of receipt. In the
event of the termination of this Agreement, City shall bill Pantego for any outstanding
balance,regardless of the amount, and Pantego 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 Pantego in .fiscal year October 2003 through September 2004.
10.
FEES CHARGED ANIMAL OWNERS
Pantego hereby agrees that City may charge, or cause to be charged, the fees set out in.
"Exhibit B" to Pantego 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 bereby authorized to increase said fees during the terms of this agreement by giving
Pantego 120 days written notice. If an animal's owner reclaims the animal and pays the
kenneling fees, then the City will not charge Pantego 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, (hen the City will not charge Pantego 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
5
10/14/03 TUE 11:25 FAX 8178718359 FORT WORTH CITY ATTORNEY 0 007
subsequently dishonored, the check shall not be considered payment and Pantego shall be
responsible to City for the fees_
11.
LIABIC,ITIES
A. To the extent permitted by law, Pantego 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 Pautego 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 properly damage,personal injury or death
caused by City's own employees or volunteers,-.elating to work provided pursuant to this
agreement.
C. Pantego shall be responsible for all property damages,personal injuries and death arising
from the use of City equipment and vehicles caused by Pantego employees or volunteers
pursuant to this agreement. Furthermore, Pantego shall be responsible for the repair or
replacement of all such equipment and vehicles damaged, destroyed, lost or stolen caused
by Pantego employees or volunteers during the provision of services hereunder,
D. City shall be responsible for al 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 Agreement, neither
City nor Pantego 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 Pantego or City while in the perforniance of.this Agreement. This
Agreement may not be construed to expand the liability of City or Pantego 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
10/14/03 TUE 11:25 FAX 8178718059 FORT WORTH CITY ATTORNEY -Q00.8
It is further agreed by and between City and Pantego, that City and Pantego shall each
have the right to terminate this Agreement upon thirty(3 0) days written notice to the other party.
1.4.
.I;NTMTY
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.
ls.
MODIFICATION
This Agreement may be modified by the mutual agreement of the parties, if the modification is
in writing and signed by City and Pantego.
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 Pantego as an Interlocal Agreement pursuant to
VTCA., Government Code, Chapter 791.
18.
AUTHORIZATJON
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 parry b.ereby certifies to the other that any necessary resolutions extending such
authority have.been duly passed and are now in full force and effect_
All X,
10/14/03 TUE 11:25 FAX 8178718359 FORT WORTH CITY ATTORNEY R009
EXECUTED in triplicate this CgBpj day of 2003 in
Fort Worth, Ta2Tant County, Texas. '
CITY n FORWORTH CITY OF PANTEGO
Li Watso 13y. '
Assistant City Manager Title:
APPROVED AS TO FORM PROVED AS TO FORM
Assists City Attorney cityA o y .
ATTEST: ATTEST:
to Pearson City Secretary
City S ecretary
Contract
ctt Authorization2
�Zl� CRP2003100M
Date
MMUMMY
'1 /0�, VIN.
10!14/03 TUE 11:26 FAX 8178718559 FORT WORTH CITY ATTORNEY X10
"EXI-IMIT A."
SCHEDULE OF TEES TO BE PAID BY PANTEGO
DAILY BOARD FEE
1' Omeling(per dog, cat or otli.er sma11 animal) $12.00 per day
Quarantine(per animal) $1.8.00 per day
SER VJCE CALLS AND RABIES RESPONSE
(Excluding head preparation and shipTnent)
Per Staff Hourly Charge $56.00
HEAD PREPARATION AND SHIPMENT
Per Animal Head $65.00
EUTHANIZATION AND DISPOSAL
Per animal
$12.00
irk v � �p`,ki\11 rR
10/14/03 TUE 11:26 FAX 8178718359 FORT WORTH CITY ATTORNEY 0 011
"EXHIBIT 13"
C'TY'S -ANIMAL CARR AND CONTROL DIVISION SCHEDULE OF
FEES TO BE pATp BY ANIMAL OWN$RS FOR RBCLAL�ffiD ANIMALS
RABIES VACCINATION FEE
Per reclaimed dog or cat S 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 $18.0(1 per day
10
t�1N1 ' U�L:o
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/30/2003
DATE: Tuesday, September 30, 2003
LOG NAME: 50ACCC CONTRACT REFERENCE NO.: **C-, j
SUBJECT: 19 r778
Approval of Interlocal Agreement between the City of Fort Worth and Other Tarrant ewol-�
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 intE
agreements between the City of Fort Worth and other Tarrant County municipalities for the purpc
rabies control and rabies specimen shipment from October 1, 2003, through September 30, 2004.
DISCUSSION:
The Animal Care and Control Division has historically assisted some Tarrant County municipalities i
processing and shipment of head specimens to the Bureau of Laboratories in Austin for the purpo
rabies control. Rabies control also includes the kenneling of impounded animals and euthanitizing.
Texas Government Code, Chapter 791.011 provides that a local government may contract with anott
perform "governmental functions and services". By law, the City of Fort Worth Animal Care and C(
Division may provide animal impoundment, boarding, quarantine, euthanasic and disposal service:
municipality.
The City of Haslet currently contracts for limited rabies control services. The City of Benbrook contrac
specimen shipment services. The Cities of Forest Hill, Kennedale, Edgecliff Village and Dalworthii
Gardens contract for boarding, quarantine, euthanasic and disposal services. Municipalities desiri
contract for any of these services will be required to renew the agreement annually. The municip,
contracting with the City will pay for services in accordance with the fees shown below, which conta
increase of $9.00 from the previous agreements ($56.00 to $65.00) for the cost of Rabies Spec
Shipment.
Fees for these services are as follows:
Service Fee
Daily Board Fee $12.00
Quarantine Fee per Day $18.00
Euthanasic/Disposal $12.00
Service Request $56.00
Emergency Service Request $65.00
Educational Services per Hour $56.00
Rabies Specimen Shipment $65.00
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/22/2003
Page 2 of 2
The Animal Care and Control Center will accept delivery of dogs, cats, ferrets, or non-prohibited an
and wild animals in cages between the hours of 8:00 a.m. and 5:00 p.m. daily. The Animal CarE
Control Division will respond to requests for contracted services from 8:00 a.m. until 4:00 p.m. daily
owners reclaiming their animals from the Animal Care and Control Center will be required to provide
of ownership of the animals, present a photo identification, and pay the appropriate fees for reclamati
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
municipalities and brought to the Animal Care and Control Center will be required to purchase
registration tags for their pets. Such animals will be required to be altered in compliance with the
mandatory spay/neuter program. Boarding fees for pets reclaimed by their owners will be paid b
owners, not the contracting municipality, unless the owner provides proof of fees paid to the contre
city. Boarding for pets not reclaimed will be charged to the contracting municipality. A euthanasic a
disposal fee will be charged for wild animals that will be euthanized or relocated and other animals th,
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)
written notice to the contracting municipality.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Public Health Department, Animal Care and Control Division
responsible for the collection and deposit of revenue due to the City as a result of these agreements.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 VARIOUS 0504002 $0.00
GG01 VARIOUS 0504001 $0.00
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Daniel Reimer (7201)
Daniel Reimer (7201)
Additional Information Contact: James Agyemang (392-3743)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/22/2003