HomeMy WebLinkAboutContract 36476CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS
COUNTIES OF TARRANT
DENTON AND WISE
AG
MENT FOR RABIES CONTROL
THIS AGREEMENT by and between the City of Fort Worth, a home -rule
municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter
called "City", acting herein by and through Joe Paniagua, its duly authorized Assistant
City Manager, and City of Blue Mound, Texas, hereinafter called "Blue Mound", acting
herein by and through 3kCE �PRE9�o Q its duly authorized mA` o-K
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
WHEREASChapter 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; 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, Blue Mound wishes to participate in an interlocal agreement with
City for the purpose of limited rabies control in the City of Blue Mound; and
WHEREAS, Blue Mound and City mutually desire to be subject to the provisions
of 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, and further that City agrees to provide for the impoundment and
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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.
;AT 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. +hn+ makes an
DANGEROUS DOG ahthatncausesdbodily injury and occurs i unprovoked aplace
erson or other animal other than
p
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 a dog that commits
unprovoked acts in a place other than an enclosure in which the dog was being
kept and that was reasonably ctain to prevent the and those adog
from leaving the
enclosure on its own
acts cause a personreasonably 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.
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3.
TERM
The term of this Agreement is for a period of one (1) year commencing on
October 1, 2007, and ending on September 30, 2008.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services in Subsection B., C., and D. for 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. and C. in the manner and extent that the City deems
appropriate.
B. Calls For Service
City will screen and respond to the incoming calls listed below in the manner and
to the extent that it deems appropriate, including but not limited to the
impoundment of stray animals and the euthanizing of sick or injured animals.
Incoming calls include:
(1) Reports of stray injured animals;
(2) Reports of stray dangerous dogs;
(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 specimens 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.
D. Educational Services
City will provide, upon written request by Blue Mound and as practicable and
available, educational programs and speakers on the topic of rabies control and
eradication.
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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 Blue Mound
Police 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.
6.
IMPOUNDMENT AND DISPOSITION OF ANIMALS
A. Any animal presented by a resident of Blue Mound may be accepted by the City
provided that Blue Mound shall pay one (1) days board for such surrendered
animals and four (4) four days board for delivered stray animals, as specified in
Exhibit "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 Animal Services Administrator 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 identification;
(2) Receipt or other proof of payment to Blue Mound of kenneling, quarantine
or other fees required by Blue Mound;
(4) Purchase of a City license tag if the animal is a dog or cat and the owner
resides within the City;
(5) Arranging for a rabies vaccination for the animal if it is a dog or a cat and
its vaccination is not current and the 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, transferred to other animal welfare agencies
or euthanized, at the discretion of the City.
E. All quarantined animals from Blue Mound not reclaimed by their owner will be
euthanized and Blue Mound will be billed for the cost of quarantine, euthanization
and disposal.
F. Blue Mound will be billed for boarding of all impounded animals delivered by Blue
Mound 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. The number of days,
for billing purposes, will begin on the day that the animal is impounded.
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 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. 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 Blue Mound for losses incurred in the
course of City's services rendered to Blue Mound under this Agreement.
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9.
COMPENSATION
A. As fair compensation for the services rendered by City to Blue Mound from October
1, 2007 through September 30, 2008, 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 $ k® PO!: 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 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 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 2007 through 2008.
11.
LIABILITIES
A. To the extent permitted by law, Blue Mound shall be responsible for all work -
related deaths, injuries or diseases of Blue Mound employees, and for property
damage, personal injury or death caused by such employees, relating to work
provided pursuant to this Agreement.
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. Blue Mound shall be responsible for all property damages, personal injuries and
death caused by the use of City and Blue Mound 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,
0
destroyed, lost or stolen caused by City employees or volunteers during the
provision of services hereunder.
12.
IMMUNITY & THIRD PARTIES
A. Blue Mound expressly waives its right to assert immunity from suit for a claim
forming the basis of a suit between the City and Blue Mound alleging a breach of
this Agreement. Blue Mound does this as consideration for the City's offer to
enter into this Contract with Blue Mound. 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 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
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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.
Signature Page of Rabies Interlocal with Blue Mound
EXECUTED in triplicate this
?001, in Fort Worth, Tarrant County,
CITY OF FORT WORTH
Joe a iagua
As ' t nt�ity Manager
APPROVED AS TO FORM
lltztll
Assistant City Attorney
ATTEST:
Y�
City Secretary
day of
Texas.
CITY OF BLUE MOUND
SEAL
r:7►�i1
"EXHIBIT A"
SCHEDULE OF FEES PAID BY COUNTY
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
EDUCATIONAL SERVICES
Per Staff Hourly Charge $70.00
EUTHANIZATION AND DISPOSAL
Per animal $15.00
AFTER-HOURS, WEEKEND AND EMERGENCY ANIMAL CONTROL RESPONSE
Per Request
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Page I
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/29/2006
DATE: Tuesday, August 29, 2006
LOG NAME: 50RABIESMNCPL07
SUBJECT:
Authorize Execution of Interlocal Agreements between the
County Municipalities for the Purpose of Rabies Control and
REFERENCE NO.: **C-21643
City of Fort Worth and Other Tarrant
Rabies Specimen Shipment
RECOMMENDATION:
It is recommended that the City Council authorize execution of 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, 2006 through September 30, 2007,
DISCUSSION:
The Animal Care and Control Division has historically assisted several 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 2006, 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.
On September 6, 2005, (M&C C-20962) City Council approved a fee increase for the contract cities
effective October 1, 2005. Below are the current fees:
SERVICE
Daily Board Fee
Euthanization/Disposal Fee
Quarantine Board Fee
Service Request
Emergency Service Request
Educational Services
Animal Head Shipment/Rabies Testing
FEE
$15.00
$15.00
$20.00
$70.00
$80.00
$70.00/hr
$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.
1/9/20a
http://www.cfwnet.org/council�acket/Reports/mc�rint. asp
Page 2 o
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Public Health Department's 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
3G01 VARIOUS 0504001 $28,000000
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
http://www.cfwnet.org/council�acket/Reports/mc�rint. asp
Joe Paniagua (6140)
Daniel Reimer (871.7201)
James Agyemang (3743)