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HomeMy WebLinkAboutContract 32796 CITY SECRETARY 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 Kennedale, hereinafter fte. "Kennedale',' _aic, uciciiiai�c► calledacting herein by and through—D {�t1, i�f_, its duly authorized �. 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 the City and Kennedale whereby, subject to the terms and conditions hereinafter set forth and for the 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 impoundment and quarantine facilities for animals pursuant to this Agreement for the benefit of Kennedale. (DIFFILNAL ROD CIT( SK-NES Y 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. [FffTM. 1WW CIAL WORD 2 loom, ITARY I y H I TES. kr 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 Kennedale 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 Kennedale to the City. C. Impoundment of Animals City will board animals delivered to the City's Animal Care and Control Center by Kennedale. 5. DUTIES OF KENNEDALE A. Kennedale 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. 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 Section 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. 3 WEX 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 Kennedale 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 Kennedale not reclaimed by their owner will be euthanized, and Kennedale will be billed for the cost of quarantine, euthanization and disposal as applicable. F. Kennedale will be billed for boarding of all impounded animals delivered by Kennedale 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 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 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. 4 OFFIC]AL MOND w 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. 9. CONSIDERATION A. As fair compensation for the services rendered by City to Kennedale from October 1, 2005 through September 30, 2006, 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 Agreemei t by giving Kennedale 120 days written notice. Kennedale will not pay City more than , (J�0 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 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 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 Kennedale in fiscal year October 2005 through September 2006. 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 Kennedale 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 Kennedale 120 days written notice. 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 OFFICINAL RECUR 5 CIrf �-'4E�RETAA k�Y subsequently dishonored, the check shall not be considered payment and Kennedale shall be responsible to City for the fees. 11. LIABILITIES 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. C. Kennedale shall be responsible for all property damages, personal injuries and death arising from the use of City and Kennedale 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. 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. 7 Signature Page for Rabies Interlocal with Kennedaie EXECUTED in triplicate this day of , ' 2005, in Fort Worth, Tarrant County, Texas. CITY F FO ORTH CITY OF KENNEDALE Joeni gua BY: id Miller Assi tint pity Manager City Manager APPROVED AS TO FORM APPROVED AS TO FORM ` Ic 04_____ Assistant dty AttorneyAttorne � y OF KEW1 ATTEST: Cam, A TTS Marty Hen ix ,�r-�„ 'ty'pec etary City Secretary Cont act Au orizatio>a -" �' CRP09.27.05v1 Date OFFICIAL HC®RD $ Ft. WOUN, TEX, "EXHIBIT A" SCHEDULE OF FEES TO BE PAID BY KENNEDALE 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 9 C1rf 9U2MU�1t WFORTH, E'%"S "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 OFFICIAL MCCID 10 CIR SECIflY Ft. W0111, TEX.