HomeMy WebLinkAboutContract 36627STATE OF TEXAS §
COUNTIES OF TARRANT §
DENTON AND WISE §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
THIS AGREEMENT by and between the City of Fort Worth, ahome-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 the
City of Dalworthington Gardens, hereinafter called "Dalworthington Gardens", acting herein by
and through Michael Tedder , its duly authorized Mayor
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 826A16 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
NIL h City for the purpose of limited rabies control in the City 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:
PURPOSE
The purpose of this Interlocal Agreement is to enter into an agreement between the City
and Dalworthington Gardens whereby, subject to the terms and conditions hereinafter set forth
and for the consideration specified below, City agrees to provide Dalworthington Gardens with
limited rabies control services in the City of Dalworthington Gardens, and City agrees ter vide_ v � �^
02-13-08 A10:?_5 IN
impoundment and quarantine facilities for animals pursuant to this Agreement for the benefit of
Dalworthington Gardens.
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 or
other animal 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 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 cams familiaris.
QUARANTINE shall mean the strict confinement of a biting animal, in accordance with
the Act and a
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 annotated in Subsection B. below, for Dalworthington
Gardens 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 Dalworthington Gardens to the City.
C. Impoundment of Animals
City will board animals delivered to the City's Animal Care and Control Center by
Dalworthington Gardens.
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 Section 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 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 QUARANTINE AND DISPOSITION OF ANIMALS
A. Any animal presented by a Dalworthington Gardens resident may be accepted by the City
provided that Dalworthington Gardens 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. Dalworthington Gardens shall notify City in writing whether
Dalworthington Gardens does or does not desire that the bite animal be prepared and
shipped for testing. Dalworthington Gardens shall provide in writing to the City the date
of the bite incident and the animal's date of release from quarantine.
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 and/or quarantined animals will be released to their owners upon:
(1) Proof of identification;
(2) Receipt or other proof of payment to Dalworthington Gardens 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 Dalworthington Gardens not reclaimed by their owner will
be euthanized, and Dalworthington Gardens will be billed for the cost of quarantine,
euthanization and disposal as applicable.
F. Dalworthington Gardens will be billed for boarding of all impounded animals delivered
by Dalworthington Gardens 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
the City of Dalworthington Gardens 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 Dalworthington Gardens 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.
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8.
RESPONSIBILITY FOR EMPLOYEES
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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 the resolution of the emergency.
9.
CONSIDERATION
A. As fair compensation for the services rendered by City to Dalworthington Gardens from
October 1, 2007 through September 30, 2008, 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. Dalworthington Gardens will not pay City
more than $1,500.00 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 Dalworthington Gardens with an itemized monthly bill. Dalworthington
Gardens agrees to promptly pay such bills 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.
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 Dalworthington Gardens in fiscal year October 2007 through September 2008.
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10.
LIABILITIES
A. To the extent permitted by law, Dalworthington Gardens 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 Dalworthington Gardens 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. Dalworthington Gardens shall be responsible for all property damages, personal injuries
and death arising from 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 caused
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 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.
11.
IMMUNITY &THIRD PARTIES
A. It is expressly understood and agreed that, in the execution of this Agreement, neither
City nor Dalworthington Gardens 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 Dalworthington Gardens or City while in the performance of this
Agreement. This Agreement may not 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, Vernon's Texas Codes Annotated, unless specifically stated herein.
12.
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.
13.
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.
14.
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.
15.
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.
16.
AUTHORITY
This Agreement is made for City and Dalworthington Gardens as an Interlocal
Agreement pursuant to VTCA, Government Code, Chapter 791.
17.
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.
18.
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
7
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.
19.
FISCAL FUNDING LIMITATION
If for any reason, at any time during any term of this Agreement, the City Council fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City
may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery
by the City to [other parry] 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.
20.
HOMELAND SECURITY
If the United States Department of Homeland Security issues a Level Oran a or Level
Red Alert, City, in its sole discretion, may terminate the Lease immediately.
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Signature Page for Rabies Interlocal with Dalworthington Gardens
EXECUTED in triplicate this 1 7th day of ,7anuary , 200.0 in
Fort Worth, Tarrant County, Texas,
CITY OF FORT
Joe P a�
Assis nt
APPROVED
Assista�t�ity
ATTEST:
City Secretary
TH
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contract Au horizatioa
Date
CITY OF DALWORTHINGTON GARDENS
B Michael Tedder
ITS: Mayor
APPROVED AS TO FORM
ATTEST:
CRP09.27.OSv1
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�••� - 1111 YYY GGG �.
"EXHIBIT A"
PAID BY DAL
DAILY BOARD FEE
Kenneling (per dog, cat or other small animal)
Quarantine (per animal)
RABIES VACCINATION FEE
Per reclaimed dog or cat
SERVICE CALLS AND RABIES RESPONSE
(Excluding head preparation and shipment)
Per Request
HEAD PREPARATION AND SHIPMENT
Per Animal Head
EUTHANIZATION AND DISPOSAL
Per animal
EMERGENCY SERVICE REQUEST
Per Request
10
$15.00 per day
$20.00 per day
$70.00
$80.00
Page I
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/2/2007
DATE: Tuesday, October 02, 2007
LOG NAME: 50RABIESMNCPL08
REFERENCE NO.: **G-15902
SUBJECT:
Authorize the City Manager to Approve Interlocal Agreements 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 authorize the City Manager to approve 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, 2007 through September 30, 2008.
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 local government 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 2007, 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 September 2005, City Council approved a fee increase for the contract cities effective October 1,
2005. Below are the current fees:
Serivice
Daily Board Fee
Service Request
Emergency Service Request
Educational Services
Animal Head Shipment/Rabies Testing
Fee
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.
http: //www. cfwnet. org/council�acket/Reports/mc�rint. asp
2/14/2008
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 these agreements.
TO Fund/Account/Centers
GG01 4
(VARIOUS) 0504001 2 000.00
GG01 4
(VARIOUS) 0504002 $32,000.00
Submitted for City Manager's Office b-y•
Originating Department Head•
Additional Information Contact:
http: //www. cfwnet. org/council�acket/Reports/mc�rint. asp
FROM Fund/Account/Centers
Joe Paniagua (6140)
Daniel Reimer (7201)
James Agyemang (3743)
---- �2/14/2008