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HomeMy WebLinkAboutContract 31825 s • CITY SECRETARY "'ONTRACT NO. J -� STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § INTERLOCAL AGREEMENT FOR RABIES CONTROL THIS AGREEMENT by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called-"City", acting herein by and through _JCCP0v),6t9Ultits duly authorized Assistant City Manager, and the City of Blue Mound, Texas, Weinafter called "Blue Mound", acting herein by and through bTAC re's -to its duly authoriz WITNESSETH : 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; WHEREAS, Chapter 826 of the Health and Safety Code, Vernon's Texas Codes Annotated, also known as the Rabies Control Act of 1981, requires counties to designate a local rabies control authority to enforce the Act and minimum standards for rabies control adopted by the Texas Board of Health; WHEREAS, Section 826.016 of said Act authorizes municipalities to enter into agreements with public entities to carry out activities required or authorized under the Act; WHEREAS, Blue Mound wishes to participate in an interlocal agreement with City for the purpose of limited rabies control in the unincorporated areas of Blue Mound; and WHEREAS, Blue Mound and City mutually desire to be subject to the provisions of VTCA, Government Code, Chapter 791, 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 in Blue Mound, and further that City agrees to provide for the OFFI�L wQ1 ��RQcob Interlocal Agreement with Bluemound Cif SIC-A l C1� v1 P0 .15.05 FT. WORTH, TEK. �7 - 1 - 12 : 13 R impoundment and quarantine facilities for animals impounded and quarantined under this Agreement for the benefit of Blue Mound. 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 Health and Safety Code, Vernon's Texas Codes Annotated. ANIMAL shall mean any living, vertebrate creature, domestic or wild, other than homosapiens. 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 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 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. 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 Board of Health 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. 3. TERM This Agreement shall be effective the date both parties have executed the Agreement and shall terminate September 30, 2005. 4. SERVICES BY CITY A. Hours City agrees to perform the services in Subsection B., C., and D. for Blue Mound in the City of Blue Mound, 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, involving potentially rabid animals that occur after-hours, weekends, or holidays, City agrees to provide services in Subsection B., C., and D. in the manner and extent that the City deems appropriate. B. Calls For Service City will screen and respond to the following incoming calls in the manner and to the extent that it deems appropriate, including but not limited to the impoundment of stray animals, the euthanizing of sick or injured animals, and the killing of animals which cannot be captured safely and which present an immediate threat to the health or safety of humans or domestic animals: (1) Reports of stray injured animals; (2) Reports of stray.dangerous dogs by handicapped or elderly Citizens; (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 Blue Mound 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 heads for rabies testing which are presented by the Blue Mound to the City; and (4) Provide surveillance and trapping of suspected bite animals and of animals that are suspected of being rabid. 3 D. Educational Services City will provide, upon written request by Blue Mound, educational programs and speakers on the topic of rabies control and eradication. 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 Sheriffs Office 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. Blue Mound further agrees that City is not required to pursue the issuance and execution of such warrants. D. Blue Mound 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. 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 three (3) days, excluding the day it is impounded, unless released 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 Director of Public Health 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 ownership; (2) Proof of identification; (3) Payment of kenneling fees; (4) Purchase 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. 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 the Blue Mound not reclaimed by their owner will be euthanized and Blue Mound will billed for the cost of quarantine, euthanization and disposal. 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 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 Mound, 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. City shall not patrol for and/or impound stray animals if Blue Mound fails to enact and maintain rules or ordinances pursuant to Section 826.014 and 826.033 of the Act, that require animals in Blue Mound 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. 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 the Blue Mound for losses incurred in the course of City's services rendered to Blue Mound under this agreement. 5 6-AI 9. CONSIDERATION A. As fair compensation for the services rendered by City to Blue Mound from October 1, 2004 through September 30, 2005, Blue Mound agrees to pay City for its services based on the schedule attached hereto as "Exhibit A", 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 Blue Mound 120 days notice. Blue Mound will not pay City more than $ '-�, t OLO.,00 total for services during the term of this Agreement, and when such amount is reached, City will cease providing such services. City agrees to provide Blue Mound Auditor 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. In the event of the termination of this Agreement, City shall bill the Blue Mound for any outstanding balance, regardless of the amount, and Blue Mound agrees to promptly pay such bill. B. Pursuant to the requirements of Government Code § 791.011(d)(3), the amount due City under subparagraph A. above shall be paid from revenues available to Blue Mound in fiscal year 2004 through 2005. 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 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 hereby authorized to increase said fees during the terms of this agreement by giving the Blue Mound 120 days notice. If an animal's owner reclaims the animal and pays the kenneling fees, then the City will not charge the Blue Mound for kenneling such animal under the Fee Schedule in "Exhibit X. If a quarantined animal's owner reclaims the animal and pays the quarantine fees, then the City will not charge the Blue Mound 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 Blue Mound shall be responsible to City for the fees. 11. LIABILITES A. To the extent permitted by law, Blue Mound shall be responsible for all work- related deaths, injuries or diseases of City employees, and for property damage. Personal injury or death caused by such employees, relating to work provided pursuant to this agreement. 6 B. To the extent permitted by law, Blue Mound shall be responsible for all work- related deaths, injuries or diseases of City employees, and for property damage. Personal injury or death caused by Blue Mound 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 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. It is expressly understood and agreed that, in the execution of this Agreement, neither City nor Blue Mound 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 Blue Mound or City while in the performance of this agreement. 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 party. 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. z! EXECUTED in triplicate this day of 2005, in Fort Worth, Tarrant County, Texas. CITY OF FJO WORTH CITY OF BLUE MOUND i J0 G a Ljo- By: �a �re C+0n Ass to City anager Title: APPROVED AS TO FORM APPROV S TO FORM I %i . bt Assistant Cky Attorney City Attorney Signature Page for Interlocal with Blue Mound ATTEST: SEAL: �-\-\a,,*0"4k�� Marty Hendrix Y If City Secretary Cont r ct huthori atioa (- Date 9 "EXHIBIT A" SCHEDULE OF FEES PAID BY BLUE MOUND DAILY BOARD FEE Kenneling (per dog, cat or other small animal) $12.00 per day Quarantine (per animal) $18.00 per day SERVICE CALLS AND RABIES RESPONSE (Excluding head preparation and shipment) Per Staff Hourly Charge $56.00 HEAD PREPARATION AND SHIPMENT Per Animal Head $65.00 EDUCATIONAL SERVICES Per Staff Hourly Charge $56.00 EUTHANIZATION AND DISPOSAL Per animal $12.00 AFTER-HOURS, WEEKEND AND EMERGENCY ANIMAL CONTROL RESPONSE Per Staff Hourly Charge $65.00 C',IT10 v�Sv1�5U��•: "EXHIBIT B" CITY'S ANIMAL CARE AND CONTROL'S SCHEDULE OF FEES TO BE PAID BY ANIMAL OWNERS FOR RECLAIMED ANIMALS RABIES VACCINATION FEE Per reclaimed dog or cat $ 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 $18.00 per day �• . , � p. ( of f1 CITY 11 Pagel of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/31/2004 DATE: Tuesday, August 31, 2004 LOG NAME: 50RABIESMUNI REFERENCE NO.: **C-; 4q SUBJECT: _W) Interlocal Agreement between the City of Fort Worth and Other Tarrant County Municipalities 1 Purpose of Rabies Control and Rabies Specimen Shipment RECOMMENDATION: It is recommended that the City Council authorize the City Manager to accept and execute Interlocal Agreements between the City of Fort Worth and other Tarrant County municipalities for the purpose of rabies control and rabies specimen shipment from October 1, 2004, through September 30, 2005. 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 includes the kenneling of impounded animals and euthanization. The l Government Code, Chapter 791.011 provides that a local government may contract with anoth perform "governmental functions and services". Under this Code, the City of Fort Worth Animal Car( Control Division may provide animal impoundment, boarding, quarantine, euthanization and dis services to a municipality. In FY 2004, the City of Benbrook contracted for specimen ship services. The Cities of Forest Hill, Kennedale, Edgecliff Village, Pantego and Dalworthington Gai contract for boarding, quarantine, euthanization and disposal services. Municipalities desiring to coi for any of these services will be required to renew the agreement annually. The municipalities conte with the City will pay for services in accordance with the fees shown below: SERVICE FEE Daily Board Fee $12.00 Quarantine Fee $18.00 Euthanization/Disposal Fee $12.00 Service Request $56.00 Emergency Service Request $65.00 Educational Services $56.00/hr Rabies Specimen Shipment $65.00 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 service from 8:00 a.m. until 4:00 p.m. daily. Pet m reclaiming their animals from the Animal Care and Control Center will be required to provide prc ownership of the animals, present 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 owner; http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/9/2005 Page 2 of 2 live in the City of Fort Worth whose animals are impounded in other municipalities and brought t Animal Care and Control Center will be required to purchase City registration tags for their pets. animals will be required to be altered in compliance with the City's mandatory spay/n program. Boarding fees for pets reclaimed by their owners will be paid by the owners not the contrz municipality unless the owner provides proof of fees paid to the contracting city. Boarding for pet reclaimed will be charged to the contracting municipality. A euthanization and/or disposal fee w charged for wild animals that will be euthanized or relocated and other animals that will be eutha 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. Staff recommends the approval of this interlocal agree procedure. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Public Health Department, Animal Care and Control Division, responsible for the collection and deposit of funds due to the City as a result of these agreements. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 VARIOUS 0504001 X00 GG01 VARIOUS 0504002 $0.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Daniel Reimer (871-7201) Additional Information Contact: James Agyemang (3743) http://www.cfwnet.org/council packet/Reports/mcprint.asp 5/9/2005