HomeMy WebLinkAboutContract 33041 CITY SECRETARY-9� l
CONTRACT NO.
STATE OF TEXAS §
COUNTIES OF TARRANT §
DENTON AND WISE §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
THIS AGREEMENT by and between the City of Fort Worth, a home-rule municipal
corporation situated in Tarrant, Denton and Counties, Texas, hereinafter called "City", acting
herein by and through Joe Paniagua, its duly authorized Assistant City Manager, and the City of
Forest Hill, hereinfter called "Forest Hill", acting herein by and
through ;N its duly authorized City Manager.
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; and
WHEREAS, Chapter 826 of the Health and Safety Code, Vernon's Texas Codes
Annotated, also known as the Rabies Control Act of 1981 (hereinafter referred to as "the Act"),
requires governing bodies of each municipality to designate a local rabies control authority to
enforce the Act and minimum standards for rabies control adopted by the Texas Board of Health;
and
WHEREAS, Section 826.016 of said Act authorizes a municipality to enter into
agreements with public entities to carry out activities required or authorized under the Act; and
WHEREAS, Forest Hill wishes to participate in an interlocal agreement with City for the
purpose of limited rabies control in the City of Forest Hill; and
WHEREAS, Forest Hill and City mutually desire to be subject to the provisions of
Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act.
NOW, THEREFORE, it is agreed as follows:
1.
PURPOSE
The purpose of this Interlocal Agreement is to enter into an agreement between the City
and Forest Hill whereby, subject to the terms and conditions hereinafter set forth and for the
consideration specified below, City agrees to provide Forest Hill with limited rabies control
services in the City of Forest Hill, and further that City agrees to provide impoundment and
quarantine facilities for animals pursuant to this Agreement for the benefit of Forest Hili.
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 homo
sapiens.
ANIMAL CARE AND CONTROL CENTER shall mean the facility operated by the
City for the purpose of impounding and caring for animals as prescribed by law located at
4900 Martin Street, Fort Worth, Texas.
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 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 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.
�,rL1 :L 1?J 'C
3.
TERM
The term of this Agreement is for a period of one (1) year commencing on October 1,
2005 and ending on September 30, 2006.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services annotated in Subsection B. below, for Forest Hill
between the hours of 8:00 a.m. and 4:00 p.m. only, during the week days and weekends,
excluding holidays, with no after hours service provided.
B. Rabies Response
In the manner and to the extent that it deems appropriate and in accordance with the
Rules and the Act, City will:
(1) Place animals delivered to it in rabies quarantine; and/or
(2) Euthanize,process and ship for rabies testing animals which are presented
by Forest Hill to the City.
C. Impoundment of Animals
City will board animals delivered to the City's Animal Care and Control Center by Forest
Hill.
5.
DUTIES OF FOREST HILL
A. Forest Hill agrees that it will retain all responsibility for enforcement of all aspects of the
Act not covered in Section 4 of this Agreement, including criminal enforcement.
B. Forest Hill 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 of this Agreement, whose owners have failed or refused to place
them for quarantine or testing. Forest Hill 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 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.
� t
B. Prior to the expiration of the impoundment period, the City may destroy an impounded
animal if the City's Director of Public Health or the Animal Care and Control Center's
veterinarian recommends and approves such action.
C. Impounded animals will be released to their owners upon:
(1) Proof of identification;
(2) Receipt or other proof of payment to Forest Hill of kenneling fees;
(3) Purchase of a City license tag if the animal is a dog or cat and the owner resides
within the City; and
(4) Arranging for rabies vaccination for the animal if the animal is a dog or a cat and
its vaccination is not current and the animal's owner resides-within the City.
D. The ownership of impounded animals that have not been released to their owners on the
expiration of the impoundment period reverts to the City, and the animals may be placed
for adoption or euthanized, at the sole discretion of the City.
E. All quarantined animals from Forest Hill not reclaimed by their owner will be euthanized,
and Forest Hill will be billed for the cost of quarantine, euthanization and disposal as
applicable.
F. Forest Hill will be billed for boarding of all impounded animals delivered by Forest Hill
for the number of days held during the impoundment period and/or for the number of
days held up to the date reclaimed by the owner.
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 City of Forest Hill 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 the
City of Forest Hill 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 impound stray animals if Forest Hill fails to enact and maintain rules
or ordinances pursuant to Sections 826.015 and 826.033 of the Health and Safety
Code, Vernon's Texas Codes Annotated, that require animals to be restrained at all
times.
4
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. Forest Hill
shall have no direct supervisory authority over such employees except in emergency situations
where the exercise of supervision by Forest Hill becomes necessary for the resolution of the
emergency.
9.
CONSIDERATION
A. As fair compensation for the services rendered by City to Forest Hill from October 1, 2005
through September 30, 2006, Forest Hill 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 Forest Hill 120 days written notice. Forest
Hill will not pay City more than t It k c,c,c, -- in total, for services rendered during
the term of this Agreement. This amount shall herein constitute a not to exceed limitation
placed upon this Agreement, and when such amount is reached, City will cease providing
such services. City agrees to provide the City of Forest Hill with an itemized monthly bill.
Forest Hill agrees to promptly pay such bills upon presentation by the City, such payments to
be made from current revenues available to Forest Hill, within thirty (30) days of receipt. In
the event of the termination of this Agreement, City shall bill Forest Hill for any outstanding
balance, regardless of the amount, and Forest Hill agrees to promptly pay such bill, within
thirty(30) days of receipt.
B. Pursuant to the requirements of Government Code § 791.011(d)(3), Vernon's Texas Codes
Annotated, the amount due City under subparagraph A. above, shall be paid from revenues
available to Forest Hill in fiscal year October 2005 through September 2006.
10.
FEES CHARGED ANIMAL OWNERS
Forest Hill hereby agrees that City may charge, or cause to be charged, the fees set out in
"Exhibit B" to Forest Hill or the owners of animals which 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 Forest Hill 120
days written notice. If a quarantined animal's owner reclaims the animal and pays the
quarantine fees, then the City will not charge Forest Hill such fees. A check written by an owner
in payment of these fees is considered a contingent payment. If the check written by an owner is
5
subsequently dishonored, the check shall not be considered payment and Forest Hill shall be
responsible to City for the fees.
11.
LIABILITIES
A. To the extent permitted by law, Forest Hill shall be responsible for all work-related
deaths, injuries or diseases of City employees, and, for property damage, personal injury
or death caused by City of Forest Hill employees or volunteers, relating to work provided
pursuant to this Agreement.
B. To the extent permitted by law, City shall be responsible for all work-related deaths,
injuries or diseases of City employees, and, for property damage,personal injury or death
caused by City's own employees or volunteers, relating to work provided pursuant to this
Agreement.
C. Forest Hill shall be responsible for all property damages, personal injuries and death
arising from the use of City and Forest Hill equipment and vehicles caused by Forest Hill
employees or volunteers pursuant to this Agreement. Furthermore, Forest Hill shall be
responsible for the repair or replacement of all such equipment and vehicles damaged,
destroyed, lost or stolen caused by Forest Hill employees or volunteers during the
provision of services hereunder.
D. City shall be responsible for all property damages, personal injuries and death arising
from the use of City equipment and vehicles caused by City employees or volunteers
pursuant to this Agreement. City shall also be responsible for the repair or replacement
of all such equipment and vehicles damaged, destroyed, lost or stolen caused by City
employees or volunteers during the provision of services hereunder.
12.
IMMUNITY& THIRD PARTIES
A. It is expressly understood and agreed that, in the execution of this Agreement, neither
City nor Forest Hill 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 Forest Hill or City while in the performance of this Agreement.
This Agreement may not be construed to expand the liability of City or Forest Hill
beyond the scope of Chapter 101 of the Texas Civil Practice and Remedies Code,
Vernon's Texas Codes Annotated, unless specifically stated herein.
Nr ri,�
13.
TERMINATION
It is further agreed by and between City and Forest Hill, that City and Forest Hill 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 Forest Hill.
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 Forest Hill 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.
7
Signature Page for Rabies Interlocal with Forest Hill
EXECUTED in triplicate this day of 2005, in
Fort Worth, Tarrant County, Texas.
CITY OF FORT W TH CITY OF FOREST HILL
S-SA 1j: I
727;r ; ,�
Joe BY:
Assi Ci Manager City-Manager
APPROVED AS TO FORM AP O AS FORM
(-%AA-M --k0A- -
AssistaR City At'to-m,-e§j City
ATTEST: ATTEST:
)CI kmkL�
Marty Hendri - tary
City Secretary
P.-A0q(D-1 -
contr ct- Authorization
CRP09.27.O5v1
Date
v l
8 L) u
"EXHIBIT A"
SCHEDULE OF FEES TO BE PAID BY FOREST HILL
DAILY BOARD FEE
Kenneling (per dog, cat or other small animal) $15.00 per day
Quarantine (per animal) $20.00 per day
SERVICE CALLS AND RABIES RESPONSE
(Excluding'head preparation and shipment)
Per Request $70.00
HEAD PREPARATION AND SHIPMENT
Per Animal Head $80.00
EUTHANIZATION AND DISPOSAL
Per animal $15.00
EMERGENCY SERVICE REQUEST
Per Request $80.00
DU
9
"EXHIBIT B"
CITY'S ANIMAL CARE AND CONTROL DIVISION 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) $15.00 per day
Kenneling (other than dogs, cats or small animal) $15.00 per day
Quarantined animals $20.00 per day
10
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/6/2005
DATE: Tuesday, September 06, 2005
LOG NAME: 50RABIESMNCPL06 REFERENCE NO.: **C-20962
SUBJECT:
Approval of Interlocal Agreement and Fee Increase between the City of Fort Worth and Other
Tarrant County Municipalities for the Purpose of Rabies Control and Rabies Specimen Shipment
RECOMMENDATION:
It is recommended that the City Council:
1. 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, 2005 through September 30, 2006; and
2. Approve the fee schedule increases as shown below.
DISCUSSION:
The Animal Care and Control Division has historically assisted some Tarrant County municipalities in the
processing and shipment of head specimens to the Bureau of Laboratories in Austin for the purpose of
rabies control including rabies specimen shipping, the kenneling of impounded animals and euthanization.
The Texas Government Code, Chapter 791.011 provides that a local government may contract with
another to perform "governmental functions and services". Under this code, the City of Fort Worth Animal
Care and Control Division may provide animal impoundment, boarding, quarantine, euthanization and
disposal services to a municipality. In FY 2005, the City of Benbrook contracted for specimen shipment
services. The Cities of Forest Hill, Kennedale, Edgecliff Village, Pantego and Dalworthington Gardens
contracted for boarding, quarantine, specimen shipping, euthanization and disposal services. The Village
of Blue Mound contracted for these services plus animal impoundment. Municipalities desiring to contract
for any of these services are required to renew the agreement annually.
In June 2005, at the request of the Public Health Department, the City's Internal Audit Department
conducted an audit of all costs associated with all animal care and control services. The Internal Audit
Department advised the Public Health Department that the fees for service response, educational services
and animal housing for the unincorporated areas of Tarrant County and other municipalities should be
increased in order to recover the costs of providing these services. These fee increases will not impact Fort
Worth residents. Upon City Council approval, the following contract fees will be effective October 1, 2005:
SERVICE CURRENT FEE PROPOSED FEE
Daily Board Fee $12.00 $15.00
Euthanization/Disposal Fee $12.00 $15.00
Quarantine Board Fee $18.00 $20.00
Service Request $56.00 $70.00
Emergency Service Request $65.00 $80.00
Logname: 50RABIESMNCPL06 Page 1 of 2
Educational Services $56.00/hr $70.00/hr
Animal Head Shipment/Rabies Testing $65.00 $80.00
Municipalities that contract for impoundment services will be responsible for all property damages,
personal injuries and death caused by the use of city equipment and vehicles. In addition, the municipality
shall be responsible for the repair or replacement of all such equipment and vehicles damaged, destroyed,
lost or stolen during the provision of services.
City staff recommends the approval of this M&C with the fee increases listed above.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Public Health Department, Animal Care and Control Division will be
responsible for the collection and deposit of funds due to the City as a result of this action.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 4(N ARIOUS) 0504001 $800.00
GG01 4(N ARIOUS) 0504002 $26,000.00
Submitted for City Manager's Office by; Joe Paniagua (6140)
Originating Department Head: Daniel Reimer (871-7201)
Additional Information Contact: James Agyemang (3743)
Logname: 50RABIESN4NCPL06 Page 2 of 2