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INTERLOCAL AGREEMENT FOR RABIES CONTROL
CITY OF FORT WORTH AND BLUE MOUND
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 Blue Mound, Texas.
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, Blue Mound wishes to participate in an interlocal agreement with City for
the purpose of limited rabies control and
WHEREAS, Blue Mound 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
Blue Mound whereby, subject to the terms and conditions hereinafter set forth and consideration
specified below, City agrees to provide Blue Mound with limited rabies control services, pursuant
to this Agreement for the benefit of Blue Mound.
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Interlocal Agreement with Blue Mound for Rabies C'�ntrol - Pa�e�-�f�-
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 wiil 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.
Interlocal Agreement with Blue Mound for Rabies Control - Page 2 of 11
3.
TERM
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one
year, beginning on October l, 2016 and ending on September 31, 2017. In addition, the term may
be extended by mutual written agreement of the parties, for up to two additional one-year terms.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services described herein for Blue Mound between the hours of
8:00 a.m. and 5:00 p.m. week days and weekends, excluding holidays with no after-hours
services provided. 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. Rabies Response
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 Blue Mound to the City in accordance
with Texas Administrative Code, § 169.33 Submission of Specimens for Laboratory
Examination.
C. Quarantine of Animals
City will quarantine rabies suspect animals pursuant to Section 6
5.
DUTIES OF BLUE MOUND
A. Blue mound 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. Blue Mound agrees that it will provide prompt response by the Blue Mound Police
Department to calls for assistance by the City when performing services under this
Agreement.
C. Blue Mound 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.
Interlocal Agreement with Blue Mound for Rabies Control - Page 3 of 11
6.
QUARANTINE AND DISPOSITION OF ANIMALS
A. A quarantined animal shall be held or presented for testing according to the Act and the
Rules. Blue Mound shall provide in writing to the City the date of the bite incident and the
animal's date of release from quarantine. Any dog presented by a city official of Blue
Mound may be accepted by the City provided that Blue Mound shall pay for such
surrendered animals, as specified in Exhibit "A".
B. Prior to the expiration of the impoundment period, the City may destroy a quarantine
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. Quarantine 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 and the owner resides within
the City;
(4) Arranging for a rabies vaccination for the animal if it is a dog over 16 weeks of
age and its vaccination is not current; and
D. The ownership of quarantined animals that have not been released to their owners on the
expiration of the quarantine period shall lie with Blue Mound, and Blue Mound authorizes
the City to place the animals for adoption, transfer to animal welfare organizations, or to
be euthanized, at the sole discretion of the City or as required by law. Blue Mound
specifically requests the City euthanize all animals from Blue Mound that are not adopted
or transferred.
E. All quarantined animals from Blue Mound not reclaimed by their owner will be disposed
of pursuant to Section 6.D above, and Blue Mound will be billed for the cost in accordance
with the fee schedule.
F. Blue Mound will be billed for all quarantined animals delivered by or from Blue Mound.
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
Blue Mound 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 Blue
Interlocal Agreement with Blue Mound for Rabies Control - Page 4 of 11
Mound, under the authority of Chapter 822 Subchapter D. of the Health and Safety Code,
Vernon's Texas Codes Annotated.
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. Blue Mound shall have no direct supervisory authority over such
employees except in emergency situations where the exercise of supervision by Blue Mound
becomes necessary. Regarding workers' compensation insurance, the City shall not waive its right
to subrogate against Blue Mound for losses incurred in the course of City's services rendered to
Blue Mound under this Agreement.
9.
COMPENSATION
A. As fair compensation for the services rendered Blue Mound 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 Blue Mound 120 days'
written notice.
B. Blue Mound will not pay City more than $35,000.00 in total for the term of this agreement,
for services rendered during the term of this Agreement unless agreed in writing by the Parties.
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 Blue Mound with an itemized monthly bill. Blue Mound agrees to
promptly pay such bills upon presentation by the City, such payments to be made from current
revenues available to Blue Mound, within thirty (30) days of receipt. In the event of the
termination of this Agreement, City shall bill Blue Mound for any outstanding balance,
regardless of the amount, and Blue Mound agrees to promptly pay such bill, within thirty (30)
days of receipt.
C. 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 Blue
Mound in that current fiscal year.
Interlocal Agreement with Blue Mound for Rabies Control - Page 5 of 11
10.
FEES CHARGED ANIMAL OWNERS
Blue Mound 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 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 Blue Mound 120 days' notice.
Notwithstanding the fees charged to animal owners, Blue Mound shall remain responsible to the
City for fees set out in Exhibit "A."
11.
LIABILITIES
A. To the extent permitted by law, Blue Mound shall be responsible for all work-related
deaths, injuries or diseases of Blue Mound 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. Blue Mound shall be responsible for all property damages, personal injuries and death
caused by the use of City and Blue Mound equipment and vehicles pursuant to this
Agreement. Furthermore, Blue Mound shall be responsible for the repair or replacement
of all such equipment and vehicles damaged, destroyed, lost or stolen by Blue Mound
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. Blue Mound expressly waives its right to assert immunity from suit for a claim forming
the basis of a suit between the City and Blue Mound alleging a breach of this Agreement.
Blue Mound does this as consideration for the City's offer to enter into this Agreement
with Blue Mound. 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 Blue Mound or City while in the performance of this Agreement.
Interlocal Agreement with Blue Mound for Rabies Control - Page 6 of 11
This Agreement may not be construed to expand the liability of City or Blue Mound 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 Blue Mound that City and Blue Mound shall
each have the right to terminate this Agreement upon thirty (30) days' written notice to the other
pa�Y•
14.
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 Blue Mound.
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 Blue Mound 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.
Interlocal Agreement with Blue Mound for Rabies Control - Page 7 of 11
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.
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 Blue Mound 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 Blue Mound for Rabies Control - Page 8 of 11
CITY OF FORT WORTH
/ � � (_s.�.
Fernando Costa
Assistant City Manager
Date: 3/� /i7
RECO E ED
Dr. Timothy M on
Asst. Code Compliance Director
APPROVED AS TO FORM
AND LEGALIT.�
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Melinda Ramos
Sr. Assistant City Attorney
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City Secretary
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CITY OF BLUE MOUND
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APPROVED AS TO FORM
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Interlocal Agreement with Blue Mound for Rabies Control - Page 9 of 11
Contract Compliance Manager:
By signing I acicnowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
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EXHIBIT A
SCHEDULE OF FEES PAID BYBLUE MOUND
Services:
Service calls and rabies response $150.00 per request
For all service calls where an animal is impounded for quarantine the service call fee is waived
and the flat rate charge of $400.00 per animal is assessed. (Excluding head preparation and
shipment)
After-hours, weekend and emergency animal control response $200.00 per request
For all service calls where an animal is impounded for quarantine, the service call fee is waived
and the flat rate charge of $400.00 per animal is assessed.
Head preparation and shipment $200.00 per specimen
For all service calis where an animal is impounded for quarantine, the service call fee is waived
and the flat rate charge of $400.00 per animal is assessed.
Deceased rabies suspect animals presented for head preparation and shipment at 4900 Martin
Street by Blue Mound Officials $200.00 per specimen
Deceased rabies suspect animals picked up by City from Blue Mound for head preparation and
shipment during regular business hours
$200.00 per specimen and
$150.00 Service Call Fee
Deceased rabies suspect animals picked up by City from Blue Mound for head preparation and
shipment after hours
$200.00 per specimen and
$200.00 Service Call Fee
Interlocal Agreement with Blue Mound for Rabies Control - Page 10 of 11
EXHIBIT B
SCHEDULE OF FEES TO BE PAID TO CITY
BY OWNERS RECLAIMING ANIMALS
Rabies vaccination fee
Spay or neuter fee
Microchip Fee
Daily board fees:
Kenneling (dog, cat, small animal)
Kenneling (other than dogs, cats or small animal)
Quarantined animals
and Dangerous Dogs
$ 9.00 per reclaimed dog or cat
$50.00 per cat
$80.00 per dog
$12.00 per reclaimed dog or cat
$30.00 per day
$30.00 per day
$30.00 per day
Interlocal Agreement with Blue Mound for Rabies Control - Page 11 of 11
CIilr COUNCIL AGENDA
COUNCIL ACTION: Approved on 1/24/2017
Official �site.of the City oi Fort Worth, ( exas:,:;; .
FORT ��`ORTN
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REFERENCE** 23RABIES CONTROL VARIOUS
DATE: 1/24/2017N� : C-28077 LOG NAME: MUNICIPALITIES 2017
CODE: C TYPE: CONSENTPUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Interlocal Agreements with Tarrant County and the Cities of
Benbrook, 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 2017 with Renewal Options (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Interlocal Agreements with Tarrant
County and the cities of Benbrook, 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, 2017 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 testing related to rabies
control. Services associated with processing specimens include the kenneling of impounded animals,
euthanasia, disposal services and specimen shipping.
Section 79� .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 functions 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 2017, 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
follawing entities:
- The City of Benbrook is contracting for specimen shipment services only;
- The City of Kennedale, Town of Edgecliff Village, City of Pantego and Town of Dalworthington
Gardens are contracting for 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.
The following fee schedule comprises the Fiscal Year 2017 fees:
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Fernando Costa (6122)
Brandon Bennett (6345)
Tim Morton (7204)