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CONTRACTNO SECRETARY
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 Libby Watson, its duly authorized Assistant City Manager, and the City of
Kennedale, hereinafter called "Kennedale", acting herein by and through Ted Rowe, 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, Kennedale wishes to participate in an interlocal agreement with City for the
purpose of limited rabies control in the City of Kennedale; and
WHEREAS,Kennedale 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
Kennedale whereby, subject to the terms and conditions hereinafter set forth and consideration
specified below, City agrees to provide Kennedale with limited rabies control services in the City
of Kennedale,and further that City agrees to provide for the impoundment and quarantine facilities
for animals impounded and quarantined under this Agreement for the benefit of Kennedale alone.
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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 a warm-blooded animal.
BITE shall mean a bite or scratch capable of transmitting rabies, which is inflicted by an
animal on a human.
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
The term of this Agreement is for a period of one(1)year commencing on October 1,2000,
and ending on September 30, 2001.
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4.
SERVICES BY CITY
A. Hours
City agrees to perform the services annotated in Subsection B.,below,for Kennedale,within
the City of Kennedale,between the hours of 8:00 a.m. and 4:00 p.m.only,Mondays through
Fridays only and 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, or euthanize such animals
for rabies testing; and
(2) Process and ship animal heads for rabies testing which are presented by
Kennedale to the City.
S.
DUTIES OF KENNEDALE
A. Kennedale 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. Kennedale 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 of this Agreement,whose owners have failed or refused to place them for
quarantine or testing. Kennedale 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.
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; C`"'�L
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(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 Kennedale not reclaimed by their owner will be euthanized,
and Kennedale will be 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 City of
Kennedale 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 Kennedale 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 Kennedale 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.
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. Kennedale shall have no direct supervisory
authority over such employees except in emergency situations where the exercise of supervision by
Kennedale becomes necessary for the resolution of the emergency.
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9.
CONSIDERATION
A. As fair compensation for the services rendered by City to Kennedale from October 1, 2000
through September 30,2001,Kennedale 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 Kennedale 120 days' written notice. Kennedale will not
pay City more than$3000.00 in total, for services rendered during the term of this Agreement.
Three thousand dollars 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 Kennedale with an itemized monthly bill. Kennedale agrees to
promptly pay such bills upon presentation by the City, such payments to be made from current
revenues available to Kennedale, within thirty (30) days of receipt. In the event of the
termination of this Agreement,City shall bill Kennedale for any outstanding balance,regardless
of the amount,and Kennedale agrees to promptly pay such bill,within thirty(30)days ofreceipt.
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 Kennedale in fiscal year October 2000 through September 2001.
10.
FEES CHARGED ANIMAL OWNERS
Kennedale 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 Kennedale 120 days'
written notice. If an animal's owner reclaims the animal and pays the kenneling fees,then the City
will not charge Kennedale for kenneling such animal under the Fee Schedule in "Exhibit A". If a
quarantined animal's owner reclaims the animal and pays the quarantine fees,then the City will not
charge Kennedale 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 Kennedale shall be responsible to City for the fees.
11.
INSURANCE
A. To the extent permitted by law,Kennedale 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 Kennedale 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.
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C. Kennedale shall be responsible for all property damages,personal injuries and death arising
from the use of City equipment and vehicles caused by Kennedale employees or volunteers
pursuant to this agreement. Furthermore, Kennedale shall be responsible for the repair or
replacement of all such equipment and vehicles damaged, destroyed, lost or stolen caused
by Kennedale 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 Kennedale 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 Kennedale or City while in the performance of this agreement. This
agreement may not be construed to expand the liability of City or Kennedale beyond the
scope of Chapter 101 of the Texas Civil Practice and Remedies Code,Vernon's Texas Codes
Annotated, unless specifically stated herein.
13.
TERMINATION
It is further agreed by and between City and Kennedale,that City and Kennedale 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 Kennedale.
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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 Kennedale 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.
EXECUTED in triplicate this day of ,2001,in Fort
Worth, Tarrant County, Texas.
CITY F FORT WORTH CITY OF KENNEDALE
l by Watsw Ted Rowe
Assistant City Manager City Manager
APPROVED AS TO FORM APPROVED AS TO FORM
Assistant ttorn City Attorney
ATTEST: ATTEST: _•t : Co
=�
Gloria Pe on 7-,!5-0/ C ty Sec tary
City Secr6ary
contract Authorization _ —`�� � ,� �r I'A.
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Date
"EXHIBIT A"
SCHEDULE OF FEES TO BE PAID BY KENNEDALE
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 $43.00
HEAD PREPARATION AND SHIPMENT
Per Animal Head $56.00
EUTHANIZATION AND DISPOSAL
Per animal $12.00
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"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) $12.00 per day
Kenneling (other than dogs, cats or small animal) $12.00 per day
Quarantined animals $18.00 per day
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City of Fort Worth, Texas
4tayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/7/00 **G-13060 50AMEND 1 of 2
SUBJECT AMENDMENT TO FEES LISTED ON M&C C-18228 WHICH AUTHORIZED
INTERLOCAL AGREEMENTS WITH OTHER TARRANT COUNTY MUNICIPALITIES
FOR THE PURPOSE OF RABIES CONTROL
RECOMMENDATION:
It is recommended that the City Council authorize an amendment to the rabies control fee schedule that
was previously approved on September 12, 2000 by Mayor and Council Communication (M&C)C-18228.
DISCUSSION:
M&C C-18228 approved executing Interlocal Agreements with municipalities that adjoin the City of Fort
Worth for the purpose of rabies control. Public Health Department staff erroneously listed the fee for
head shipment for the purpose of rabies testing at $50. This M&C is intended to correct the error and
set the fee at $56.00 for municipalities desiring to enter into agreements for this service provided by the
Public Health Department's Animal Care and Control Division.
Municipalities desiring to contract for any of these services will be required to renew the agreement
annually. Municipalities contracting with the City, and residents from those municipalities, will pay for
services in accordance with the fees shown below:
SERVICE FEE FEE-Fort Worth Residents
Daily Boarding Fee $12.00 $ 8.00
Quarantine Fee $18.00 $12.00
Euthanasia/Disposal Fee $12.00 N/A
Service Call $43.00 N/A
Educational Services $43.00 N/A
Animal Head Shipment $56.00 N/A
City of Fort Worth, Texas
"afar and coun"'t communication
DATE REFERENCE NUMBER LOG NAMEPAGE
11/7/00 **G-13060 50AMEND 2 of 2
SUBJECT AMENDMENT TO FEES LISTED ON M&C C-18228 WHICH AUTHORIZED
INTERLOCAL AGREEMENTS WITH OTHER TARRANT COUNTY MUNICIPALITIES
FOR THE PURPOSE OF RABIES CONTROL
FISCAL INFORMATION/CERTIFICATION:
The Public Health Department, Animal Control Division will be responsible for the collection and deposit
of funds due to the City as a result of this action.
LW:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GG01 462424 0504002 APPROVED
Libby Watson 6183 CITY COUNCIL
Originating Department Head:
Letha Aycock 7201 (from) N 0 V 7 2000
Additional Information Contact: W
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Letha Aycock 7201