HomeMy WebLinkAboutContract 48789�
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� � �, CITYOF'FC=:�c�"Y'A,"i'E OF "1'I�,XAS �
. , C1T1'SEC,� `_ _ �
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� COUNTY Of 1'ANRANT
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CITY SECRET'qR� �%'J
CONTRqCTIV�. �� ! ��
INTERLOCAL ACREEMrNT F012 RAI3IES CONTROL
CITV OF' PANTLGO
THIS AGRECMEI�IT is n�ade and cntcrcd into by £IIICI h��WCCII LIIC City ��I� I�ort Worth, ��
home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, "I'eaas,
acting by and through its duly authorized Assistant City Manager (hereinafter rcf�rred lo as
"City"), and the City of Pantego, Texas, a'I'yne A general law municipal corporation located in
Tarrant County, Te�as, acting by and through its duly aulhorired Mayor (hcreinalter relcrred to
as "Pant�go").
WH�REAS, Chapter 791 of the Tc�as Governmeni C'ode authoriz.es the lormulation of
inte��local cooperation agreements between and among municipalities and coimties for the
performance of gove�•nmental fi�nctions; and
WH�RCAS, Chapter 826 of the Texas Health and Safety Code, also Icnown as the
Rabies Contr•ol Act of 1981 (hereinafter referred to as the "Act"), requii•es governing bodies of
each municipality to designate a local rabies control authority to enforce the Act and miniminn
standards for rabies control adopted by the Texas Department ofi State t-Iealth 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, Pantego wishes to participate in an interlocal agreement with City for the
purpose of litnited rabies control in the City of Pantego; and
WHEREAS, Pantego and City mutually desire to be subject to the provisions of Chapter
791 of the Texas Government Code, a(so known as the Interlocal Cooperation Act.
NOW, THER�FOR�, it is agreed as follows:
1.
PURPOSE
The purpose of this Interlocal Agreement is to enter into an Agreement between City and
Pantego whereby, subject to the terms and conditions hereinafter set forth and consideration
specified below, City agrees to pt•ovide Pantego with limited rabies control services in the City of
Pantego, and City agrees to provide ijnpoundment and quarantine facilities for animals pursuant
to this Agreement for the benefit �f Pantego.
�'�FICIAL RE���',`�
CI7'Y' �l����T�l9�l
I�'� �,; �:�i'�'�� `�
2.
[aE;lf INl`I'IONS
l�or the �ui•poses <�f this �green���nt, the I�ollowing detiniti��ns shall apply:
ACT sh�ll mcan the C2abies C�i�trol Act of 1981, codified as Chapter 826 of the Te�as
Health and Szfety Code.
ANIIVIAL shall mean any living, vertebrate creature, domestic or wild, �ther fhan homo
S�1�IE',I1S.
ANYMAL CARE AND CONTROL C'ENTER shall mean a faciliiy located in Fort
Worth, Texas, whicl� is operated by the City for the �urpose of impounding and caring
f'or animals as prescribed by law.
BITr shall mean a bite or sccatch capable of�tra��smitting cabies, which is inflicted by an
animaf on a human.
CAT shall mean a commonly domesticated member of the f'elidae (feline) family, other
than a lion, tiger, bobcat, jaguar, panther, leopard, cougar, or other prohibited anirnal.
DANGEROUS DOG shall mean a dog that makes an �mprovolced attacic on a 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 p�•event the dob fi•om leaving the enclos��re on its own;
or commits unprovolced acts in a place other than an enclosuce 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 calendal• day or any part thereof.
DOG shall mean canis familiaris.
QU.4RANTINE 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 6y an animal bite.
RULES shall mean the ru(es adopted by the Texas Department of State Health Services
for rabies control and eradication under 25 TAC S 169.21 et seq.
STRAY shall mean roaming with no physica( restraini beyond the premises of an
animal's ownec or keeper.
Interlocal Agreement with Pantego for Rabies Control Page 2 of I 1
3.
TI�RM
Unless terminated pucstiant to the terms herein, this Agreement shall be for a term of one
year, be�inning on October 1, 2016 and ending on Septcmber 31, 2017. In additic�n, the term
may be exi�ei�ded by muttial wl•itten agreemei�i o�f the parties, t��r up Yo twc� addiCional one-year
lCl'i1lS.
4.
ERVICES BY C[TY
/1. Hours
City agrees to perform the services described he�•ein for the City of Pantego, between the
hou�s of 8:00 a.m. and 4:00 p.m. weel<days and weekends, excluding holidays, with no
after hours service provided.
B. Service Calls and Rabies Response
In the manner and to the eYtent that it deems appropriate and in accordance with the
Rules and the Act, bite anima(s which are presented by Pantego to the City will be
handled by the City in accordance with the Act and Texas Administ�•ative Code, § 169.33
Submission of Specimens for Laboratory Examination.
C. Impoundment of Do�s
City will boacd dogs delivered to the City's Animal Care and Control Center by Pantego
officials pursuant to Section 6.
5.
DUTIES OF PANTEGO
A. Pantego agrees that it will retain all responsibility for enforcement of al( aspects of the
Act not covered in Paragraph 4 ofthis Agreement, including criminal enforcement.
B. Pantego agrees that it will pursue, at its discretion, the issuance and execution of wai•rants
ar other court orders necessary for the seizure of animals requiring quarantine or testing
under Section 4(C) of this Agreement, whose owners have failed or refused to place
them for quarantine or testing. Pantego furthe►• agrees that City is not required to pursue
the issuance and execution of such warrants.
6.
IMPOUNDMENT AND DISPOSITtON OF ANIMALS
A. A live, stray dog 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 ("Anima(
Owner") oi• as described in subsection 6.D. below. A quarantined animal shall be held or
p�•esented for testing according to the Act and the Rules. Pantego shall provide in writing
to the City the date of the bite incident and the animal's date of release from quarantine.
Interlocal Agreement with Pantego for Rabies Control Page 3 of I t
Pantego shall pay eharges tor impounded animals, �u�til ciisposition, as specified in
Exhibit "A >,
B. Prior to the expiraiion of the impaundment periocl, the City may destroy rlll impolmded
dog if the Animal Services Administratc�r or Animal C'�nirol Manager of'the City or the
An'rmal Care and Control's veterinai•ian recommends and ��pproves such action.
C. Impounded dogs and quarintined animals will be released to their ownecs upon:
(1) Proof of identi tication;
(2) Payment of Exhibit "B" fees;
(3) The animal is vaccinated against rabies at the owner's expense if the animal is a
dog or a cat over 12 weeks of age and thc owner does not have an unexpired
rabies vaccination cei�titicate for the animal.
D. The owne�ship of impounded and yuacantined anima(s that have not been released to
their owners on the expiration of the impoundment or qua��antine period, submitted for
rabies testing shall lie with Pantego, and Pantego authorizes the City to place the animals
for adoption, ta transfer them to other animal welfare organizations, or to be euthanized,
at the sole discretion of the City. Pantego specifiically requests the City euthanize all
animals fi•om Pantego that are not adopted oc t�•ansferred.
E. All quarantined animals from Pantego not reclaimed by their owner wi(I be disposed of
pursuant to Section 6.D above, and Pantego wil) be bills for the cost in accoi•dance with
the fee schedule.
F. Pantego will be billed for all i�npounded dogs and quarantined animals delivered by the
Pantego in accordance with this agreement.
G. The City will impound and hold dogs fi•om Pantego which have been seized by Pantengo
only under Chapters 82l or 822 of the Texas Health and Safety Code. Pantego agrees to
request, pursuant to Chapters 821 and 822, an Appeals Bond to cover the fees estimated to
be charged to the Animal Owner under Exhibit "B" and Pantego agrees to pay the City all
fees which would have been charged the Anima) Owner in the event the court does not
require the Animal Owner to pay the fees or where the Animal Owner is ordered by the
court to pay and fails to pay.
7.
EXCLUSIONS
A. Nothing in this Agreement shall be deemed as desi�nating the City or an officer oc
employee of the City as the "loca( hea(th authority" or "local cabies control authority" of
Pantego as those terms ar�e defined or used in Title 10 of the Texas Health and Safety
Code, Vernon's Texas Codes Annotated.
B. Nothing in this Agreement shal( be deemed as requiring the City to iilvestigate reports of
dangerous dogs, to register dangerous dogs, or otherwise regulate dangerous dogs in the
Interlocal Agreement with Pantego for Rabies Control Page 4 of l I
Gity o1' Pantego under th� auth��rity afi Chapter 822 Subchapter D. of� the Texas He�lt11
and Sai'ety Code, Vecnon's `I�c�as C'ades Annot�ited.
C. N��thing in this Agi•cement shall he deemed as i•equiring the City to quarant�ine or present
for testiing domestic ani�nals that h�ve been bitten by or ciirectly e�:posed by physical
contact to a rabid animal or its l�resh tissues.
D. City shal) not impound stray animals if Pantego fails to enact and maintain rules or
ordin��nces pursuant to Sections $26.015 and 826.033 c�f the '1'exas 1-lealth and Safety
Code that require anii��als to be restrained at a!( times.
8.
RCSPONSIB(L["I�'Y �OR EMPLOYEES
City employees who provide services under this Agreement are deemed to be City
employees when providing such services. City will e�ercise complete contco( ove►• the hiring,
training, supervisio��, and conduct of such employees. City will be respoj�sible for a(( wages and
applicable payroll deductions, unemployment taxes, woel<ers' compensation insurance,
vacations, holidays, and fringe benefits fior such employees and for all uniforms, vehicles, and
equipment used by such employees for providing services under this Agreement. Pantego shall
have no di�•ect supervisory authority over sucll employees except in emergency situations where
the exercise of supervision by Pantego becomes necessary for resolution of the emergency.
Regarding worlcers" compensation insurance, the City shall not waive its right to subrogate
against Pantego for losses incurred in the course of City's services rendered to Pantego under this
Agreement.
9.
COMPENSATION
A. As fair compensation for the services rendered Pantego agrees to pay City for its services
based on the schedule attached hereto as EYhibit "A", as pe��tinent, which is hereby
incorporated as a part of this Agi�eement as if it were set forth at length. City may adjust any
fee listed in Exhibit "A" dtrring the term of this Agreement by giving Pantego 120 days'
written notice.
B. Head and shipment preparation fees shall be as described in Eahibit "A".
C. Pantego will not pay City more than $10,000.00, in total per contract year, for services
rendered during the ierm 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 setvices. City agrees to provide the Pantego with an itemized monthly
bill. Pantego agrees to promptly pay such bills upon presentation by the City, such payments
to be made from current revenues auailab(e to Pantego, within thirty (30) days of receipt. In
the event of the te�mination of this Agreement, City shafl bi[I Pantego for any outstanding
balance, regardless of the amount, and Pantego agrees to promptly pay such bill, within thi��ty
(30) days of receipt.
Interlocal Agreemenl with Pantcgo for Rabies Control Page 5 of 1 l
D. Pw•s�iant to tl�e rec�uircmer�is o1�Sectioi� 7�)I.O1 I(d)(3) o1�ih� T�exas Govcrnment Code, tlle
amount duc C�ity shall be paid tt�om revenues av�ilable to P�lt�tego in thai current I�iscal year.
10.
FF.,ES CFIARGED ANIMAL OWNERS
Pantego heret�y agrees that City may chai•ge, or cause to be charged, the fees set out in
E;xhibit "f3" to the c�wners of anin�als that have been im}�ounded or qaar�ntined. E�Yhibit "B" is
herel�y incorporatc;d as a part of this Ag�•eement as iF it were set forth at lengtl7. C'ity is hereby
authorizeci to increase said fees during the terms of this Agreement by giving Pantego 120 days'
notice. Notwithstanding the fiees charged to �1111171�iI QWllel'S, Pantego shall remain responsible to
the City foi• the fiees set out in Exhibit "A."' �
11.
LfABILIT'IES
A. To the extent permitted by law, Pantego shall be responsible for all work-related deaths,
injuries oc diseases of Pantego employees, and for property damage, personal inj�ny or
death caused by such employees, relating to worl< provided pursuant to this Agreement.
B. To the extent permitted by law, City shall be responsible foi• all work-related deaths,
injuries or diseases of City emp(oyees, and for prope��ty damage, personal injury or death
caused by City employees or volunteers relating to work provided pu�suant to this
Agreement.
C. Pantego shall be responsible for a(1 property damages, personal injuries and death ca�ased
by the use of City and Pantego equipment and vehicles caused by Pantego employees or
volunteers pursuant to this Agceeme�lt. Furthe�•more, Pantego shall be responsible for the
repair or replacement of all such equipment and vehicles damaged, destroyed, losi or
stolen by Pantego employees or volunteers during the provision of se�vices hereunder.
D. City shall be responsible for all property damages, pe�sonal injuries and death caused by
the use of City equipment and vehicles caused by City employees or vo(unteers pursuant
to this Agreement. Furthermore, City shall be responsible for the repair or replacement
of all such equipment and vehic(es damaged, destroyed, lost or stolen caused by City
employees or volunieers during the pcovision of services hereunder.
12.
IMMUNITY & THIRD PARTIES
A. Pantego express(y waives its cight to assei•t immunity from suit for a claim forming the
basis of a suit between the City and Pantego alleging a breach of this Agreement. Pantego
does this as considecation for the City's offer to enter into this Contract with Pantego. 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.
Interlocal Agreemen[ with Pantego for Rabies Cartrol Page 6 of 1 1
B. Nothing in this Agreemer�t shall b� coi�struec) to expai�d the IiabiliCy o['City oi- Pantego
beyond the scope �7f Chapter 101 oi'the "1'�xa� Civil Practice anci Reit7edies Code �mless
specifically stated herein.
13.
"I,GRMINA'T10T�1
(t is i-urther agreed by and between City and ('antego that Gity and Pant�go sha[1 each
have the right to tec�i�inatc this Agree�r�cnt upon thirty (30) days �vritien notice to the olher party.
14.
rNrI,IRE;"I'Y
This Agreemeni contains all commitments and agreements of the parties hereto, and no
other oral oc wriften commitments slla(1 have any force or• efi-ect if not contained herein.
15.
MODIFICATION
This Agreement may be modiiied by the mutual agreement of the parties, if the
modification is in weiting and signed by City and Pantego.
16.
SEVERABILITY
In case any one or more ofi the pi•ovisions contained in this Agreement shall for any
reason be he(d to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceabi(ity shall not affect any other provision thereof and this Agreement shall be
construed as if such invalid, illegal, or unenforceable �rovisions had never been contained
herein.
17.
AUTHORITY
This Agreement is made foc City and Pantego as an Interlocal Agreement pursuant to
VTCA, Government Code, Chapter 791.
18.
AUTHORIZATION
The undersigned officec 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 cer•tifies to the other that any necessa�y resolutions extending such
authority have been duly passed and are now in ful( force and effect.
Inierlocal Agreement with Pantego for Rabies Control Page 7 of I 1
I 9.
F�C)ItCI:� MAJC�UIZL-;
It is e�p��essly undersiood and agreed by the pari�ies to t�his Agreement that it the
p�i•formance of any �biigations hereunder is delayed by reason of war; civil commotion; acts of
God; inclement weather; governmental restrictions, regulations, or interferences; fires; stril:es;
lockouts, national disasters; i•iots; material or lab�r restrictions; transportation pro�lems; or any
other circun��stances �vhich are reasonably beyond the control of'the party obfigated or per•mitted
under Che terms o1'this Agreeinent to do or pecform the same, regardless of whether any such
cireumstancc; is similar to any of those enun�erated o�• ��ot, the party so obli;ated ol• permitted
shall be exerised fron� dc�ing or perlorming the same during sucl� �e��iod of delay, so tl�at the tim�
period a�plicablc to such design or constructioi� requirement shall be extended i�or• a period c�fi
time cqual to the pe►•iod suell party was delayed.
20.
F(SCAL FUNDING LIMITATION
IP foi• any reason, at any time during any term of this Agreement, either city fails to
app►•opriate fitnds sufficient fior the City to fultill its obligations under this Agreement, that City
may terminate this Agceement to be effective on the (ater of (i) thirty (30) days following delivery
of written notice of the city's intention io terminate or (ii) the last date for which funding has been
appropriated by the City Council for the pul•poses set forth in this Agreement.
Remainder of Page Intentionally Blank
lnterlocal Agreement �vith Pantego for Rabies Contro) Page 8 of 1 1
SICNATUR[�� PA(.1,
INTERLOCAL AGRCEMl�N1' I+OR RABI�� CON7'120L
CITY OF FORT WOR`I'11 ANU NANTI,(:O
CITY OF FORT WORTH
� �� ��-,
Fer► irai do Costa
Assistant City Man�ger
Date: 3/� // 7
RECOM NDED
Dr. Timothy Morton
Asst. Code Compliance Director
APPROVED AS TO FORM
A,�li� LEGALITY �
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Melinda Ramos
Assistant City Attorney
ATTEST:
Mary J.
City Se�
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C[rI'Y OF 1'AN'I'EGO
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By: _ . G1 �r �1 ��.,, ,. ; !�� ` `=--
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APPROVCD AS TO FORM
�'�FOCI�QI, R��;'�-�,;
CIT'r ��Cf��1'��3�
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Interlocal Agreement with Pantego for (tabies Control Page 9 oC I f
Contr•act Compliance Manager:
By sib ing I acicnowledge that I am the person responsible
fot• the monitoring and adininist��ation of this contract, including
ensuring all performance and reporting requirements.
am of Employee]
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[Title]
'�'�FiCi�L I'c���'a��
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cxl-�rl�rra
sci ir.DULr: or r���:S PnID (3Y PnN��r��o
Impoundments/Boarding �c;e:
Pantego shall pay the City a flat fee of $400.C)0 per dog or quarai�tine animal delivered to the
Cify ii•om Pantego oi`ticials d�n�ing the term of this �igreement.
SERVICE CALLS AND RABII:;S Rt�SPONSE
(Excluding head preparafion and shipment)
Per Request by Pantego ofticials
$150.Q0
SPECIMLN HEAD PREPARATION AND SHIPMEN`I'
Pe�• Animal Head Specimen $200.00 per specimen
Interlocal Agreement with Pantego for Rabies Control Page 10 of I I
ia�:i:n����z3
SCHEDULE OF I�I-�ES `T'O BE PA1D "I�O CITY
[3Y OWNCRS RECLAIMING ANIMALS
Ra6ies vaeeinaiion Cee
Spay oi� neuter fee
Microchip Fee
Daily board f'ees:
Kenneling (do�;, cat, small animaO
Kenileling (other than dogs, cats or small animaf)
Quarantined animals and dangerous dogs
$ 9.00 per 1•eclaimed dog or cat
$50.00 per cat
$80.00 pee dog
$12.00 per reclaimed dog or cat
Interlocal Ag��eement witli Pantego for Rabies Control Page 1 I of� I I
$30.00 pec day
$30.00 per day
$50.00 per day
Official site.of the City oi Fort 1North, i exas;;;
CITY COUNCIL AGENDA FoRT��470RTH �
�..
COUNCIL ACTION: Approved on 1/24/2017
REFERENCE** 23RABIES CONTROL VARIOUS
DATE: 1/24/2017N� : G28077 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 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 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
following 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 De�artment Head:
Additional Information Contact:
ATTACHMENTS
Fernando Costa (6122)
Brandon Bennett (6345)
Tim Morton (7204)