HomeMy WebLinkAboutContract 48923 •.v
CITY SECRETARY
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CONTRACT NO. �
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STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
TOWN OF DALWORTHINGTON GARDENS
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 the Town of Dalworthington Gardens, Texas, a home-rule municipal corporation
located in Tarrant County, Texas, acting by and through its duly authorized Mayor (hereinafter
referred to as "Dalworthington Gardens").
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, Dalworthington Gardens wishes to participate in an interlocal agreement
with City for the purpose of limited rabies control in the Town of Dalworthington Gardens; and
WHEREAS, Dalworthington Gardens 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
Dalworthington Gardens whereby, subject to the terms and conditions hereinafter set forth and
consideration specified below, City agrees to provide Dalworthington Gardens with limited
rabies control services in the Town of Dalworthington Gardens, and City agrees to provide
impoundment for dogs and quarantine facilities for animals pursuant to this Agreement for the
benefit of Dalworthington Gardens.
EOFFICIALECOR®ETARY 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 a facility located in 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 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 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 Dalworthington Gardens for Rabies Control Page 2 of I I
3.
TERM
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one
year, beginning on October 1, 2016 and ending on September 30, 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 Dalworthington Gardens in the
Town of Dalworthington Gardens, between the hours of 8:00 a.m. and 4:00 p.m.
weekdays and weekends, excluding holidays, with no after hours service provided.
B. Service Calls and Rabies Response
In the manner and to the extent that it deems appropriate and in accordance with the
Rules and the Act, bite animals which are delivered by Dalworthington Gardens officials
to the City will be handled by the City.
C. Impoundment of Dogs
City will board dogs delivered to the City's Animal Care and Control Center by
Dalworthington Gardens officials pursuant to Section 6.
5.
DUTIES OF DALWORTHINGTON GARDENS
A. Dalworthington Gardens 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. Dalworthington Gardens 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 Section 4 (C) of this Agreement, whose owners have failed or
refused to place them for quarantine or testing. Dalworthington Gardens further 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 dog impounded by Dalworthington Gardens and delivered to 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 ("Animal Owner") or as described in subsection 6.D. below.
A quarantined animal impounded by Dalworthington Gardens and delivered to the City
shall be held or presented for testing according to the Act and the Rules. Dalworthington
Interlocal Agreement with Dalworthington Gardens for Rabies Control Page 3 of I I
Gardens shall provide in writing to the City the date of the bite incident and the animal's
date of release from quarantine. Dalworthington Gardens shall pay charges for
impounded dogs, and quarantined animals, as specified in Exhibit"A."
B. Prior to the expiration of the impoundment period, the City may destroy an impounded
dog if the Animal Services Administrator or Animal Control Manager of the City or the
Animal Care and Controls 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) 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 the owner does not have an unexpired
rabies vaccination certificate for the animal.
D. The ownership of impounded or quarantined animals that have not been released to their
owners on the expiration of the impoundment or quarantine period, submitted for rabies
testing, shall lie with Dalworthington Gardens, and Dalworthington Gardens authorizes
the City to place the animals for adoption, to transfer them to other animal welfare
organizations, or to be euthanized, at the sole discretion of the City. Dalworthington
Gardens specifically requests the City euthanize all animals from Dalworthington
Gardens that are not adopted or transferred.
E. All quarantined animals from Dalworthington Gardens not reclaimed by their owner will
be disposed of pursuant to Section 6.1). above, and Dalworthington Gardens will be billed
for the cost in accordance with the fee schedule.
F. Dalworthington Gardens will be billed for all impounded dogs and quarantined animals
delivered by the Dalworthington Gardens.
G. The City will impound and hold dogs from Dalworthington Gardens which have been
seized by Dalworthington Gardens only under Chapters 821 or 822 of the Texas Health
and Safety Code. Dalworthington Gardens 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 Dalworthington Gardens agrees to pay the City all fees which
would have been charged the Animal 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 designating the City or an officer or
employee of the City as the "local health authority" or "local rabies control authority" of
Interlocal Agreement with Dalworthington Gardens for Rabies Control Page 4 of I I
Dalworthington Gardens as those terms are defined or used in Title 10 of the Texas
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 the
Town of Dalworthington Gardens under the authority of Chapter 822 Subchapter D. of
the Texas 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 impound stray animals if Dalworthington Gardens fails to enact and
maintain rules or ordinances pursuant to Sections 826.015 and 826.033 of the Texas
Health and Safety Code that require animals 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 used by such employees for providing services under this Agreement.
Dalworthington Gardens shall have no direct supervisory authority over such employees except
in emergency situations where the exercise of supervision by Dalworthington Gardens becomes
necessary for resolution of the emergency. Regarding workers' compensation insurance, the
City shall not waive its right to subrogate against Dalworthington Gardens for losses incurred in
the course of City's services rendered to Dalworthington Gardens under this Agreement.
9.
COMPENSATION
A. As fair compensation for the services rendered Dalworthington Gardens 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
Dalworthington Gardens 120 days' written notice.
B. Head and shipment preparation fees shall be as described in Exhibit"A".
C. Dalworthington Gardens will not pay City more than $35,000.00, 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 Dalworthington Gardens
with an itemized monthly bill. Dalworthington Gardens agrees to promptly pay such bills
Interlocal Agreement with Dalworthington Gardens for Rabies Control Page 5 of I I
upon presentation by the City, such payments to be made from current revenues available to
Dalworthington Gardens, within thirty(30) days of receipt. In the event of the termination of
this Agreement, City shall bill Dalworthington Gardens for any outstanding balance,
regardless of the amount, and Dalworthington Gardens 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 shall be paid from revenues available to Dalworthington Gardens in that
current fiscal year.
10.
FEES CHARGED ANIMAL OWNERS
Dalworthington Gardens 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
Dalworthington Gardens 120 days' notice. Notwithstanding the fees charged to animal owners,
Dalworthington Gardens shall remain responsible to the City for the fees set out in Exhibit "A."
11.
LIABILITIES
A. To the extent permitted by law, Dalworthington Gardens shall be responsible for all
work-related deaths, injuries or diseases of Dalworthington Gardens 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. Dalworthington Gardens shall be responsible for all property damages, personal injuries
and death caused by the use of City and Dalworthington Gardens equipment and vehicles
caused by Dalworthington Gardens employees or volunteers pursuant to this Agreement.
Furthermore, Dalworthington Gardens shall be responsible for the repair or replacement
of all such equipment and vehicles damaged, destroyed, lost or stolen by Dalworthington
Gardens 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.
Interlocal Agreement with Dalworthington Gardens for Rabies Control Page 6 of I I
12.
IMMUNITY& THIRD PARTIES
A. Dalworthington Gardens expressly waives its right to assert immunity from suit for a
claim forming the basis of a suit between the City and Dalworthington Gardens alleging a
breach of this Agreement. Dalworthington Gardens does this as consideration for the
City's offer to enter into this Contract with Dalworthington Gardens. 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 expand the liability of City or
Dalworthington Gardens 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 Dalworthington Gardens that City and
Dalworthington Gardens 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 Dalworthington Gardens.
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
Interlocal Agreement with Dalworthington Gardens for Rabies Control Page 7 of I I
This Agreement is made for City and Dalworthington Gardens 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.
FISCAL FUNDING LIMITATION
If for any reason, at any time during any term of this Agreement, either city fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement, that City
may terminate this Agreement to be effective on the later of(i) thirty (30) days following delivery
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 Dalworthington Gardens for Rabies Control Page 8 of I I
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR RABIES CONTROL
CITY OF FORT WORTH AND TOWN OF DALWORTHINGTON GARDENS
CITY OF FORT WORTH TOWN OF DALWORTHINGTON GARDENS
Fernando Costa By:
Assistant City Manager Title: L c
Date: —J-3-2'-7/7
RECO LADED PROVED S TO FORM
APPROVED
LEG TY
Ki
Dr. imothy Morton City Attorney
Asst. Code Compliance Director
APPROVED AS TO FORM ATTEST:
AND LEGA�LITY J�
Melinda Ramos City Secretary
Assistant City Attorney
ATTEST:
of-FO/Y'>'
6 o
`Mary J. Kayser
City Secretary Z
M&C
OFFICIAL RECORD
CITY SECRETARY
WORTH,TX
Interlocal Agreement with Dalworthington Gardens for Rabies Control Page 9 of I I
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
J S atucci
Code Compliance Superintendent
Animal Control—Field Operations
EXHIBIT A
SCHEDULE OF FEES PAID BY DALWORTHINGTON GARDENS
Impoundment/Boarding Fee:
Dalworthington Gardens shall pay the City a flat fee of$400.00 per dog or quarantine animal
impounded by the City from Dalworthington Garden during the term of this agreement.
SPECIMEN HEAD PREPARATION AND SHIPMENT
Per Animal Head Specimen $200.00 per specimen
Interlocal Agreement with Dalworthington Gardens for Rabies Control Page 10 of 11
r
EXHIBIT B
SCHEDULE OF FEES TO BE PAID TO CITY
BY OWNERS RECLAIMING ANIMALS
Rabies vaccination fee $ 9.00 per reclaimed dog or cat
Spay or neuter fee $50.00 per cat
$80.00 per dog
Microchip Fee $12.00 per reclaimed dog or cat
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 and dangerous dogs $50.00 per day
Interlocal Agreement with Dalworthington Gardens for Rabies Control Page 11 of 11
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT Ei
COUNCIL ACTION: Approved on 1/24/2017
REFERENCE ** 23RABIES CONTROL
DATE: 1/24/2017 NO.: C-28077 LOG NAME: VARIOUS MUNICIPALITIES
2017
CODE: C TYPE: CONSENT PUBLIC 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.
http://apps.cfwnet.org/council_packet/me_review.asp?ID=24182&councildate=1/24/2017 3/30/2017
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The following fee schedule comprises the Fiscal Year 2017 fees:
SERVICE Fiscal Year 2015 FEE
Flat Per Animal Fee for all Services JF$400.00 per anima
Service Calls and Rabies Response if no Flat Animal Fee Charged $100.00 per request
Service Calls and Rabies Response After Hours if no Flat Animal Fee $200.00 per request
Charged il
Head Preparation and Shipment $200.00 per animal
head
Education Services Staff Charge 11$70.00 per hour
In addition to the above fees, Animal Care and Control will also collect fees from owners from Tarrant
County and these various municipalities, as follows:
SERVICE FISCAL YEAR 2015 FEE PER RECLAIMED
ANIMAL
Rabies Vaccination Fee IF $9.00
Spay or Neuter Fee
Per Cat $50.00
Per Dog $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
$30.00 per day
animals)
Quarantined Animals $50.00 per day
This contract will be with a governmental entity, state agency or public institution of higher education:
Tarrant County, City of Benbrook, City of Blue Mound, Town of Dalworthington Gardens, City of
Kennedale, City of Pantego, Town of Edgecliff Village.
FISCAL INFORMATION/CERTIFICATION:
The Finance 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 Fund, Code Compliance
Department, Animal Care and Control Division.
http://apps.cfwnet.org/council_packet/me_review.asp?ID=24182&councildate=1/24/2017 3/30/2017
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TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Brandon Bennett (6345)
Additional Information Contact: Tim Morton (7204)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/me_review.asp?ID=24182&councildate=1/24/2017 3/30/2017