HomeMy WebLinkAboutContract 38001FY CON RACRETART NO � 330
STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a
home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas,
acting by and through its duly authorized Assistant City Manager (hereinafter referred to as
"City"), and Tarrant County, Texas, acting by and through its duly authorized County Judge
(hereinafter referred to as "County").
WITNESSETH:
WHEREAS, Chapter 791 of the Texas Government Code 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 Texas Health and Safety Code, 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 Department of State Health Services; and
WHEREAS, Section 820.v i o of said Act authorizes a municipality to enter info
agreements with public entities to carry out activities required or authorized under the Act; and
WHEREAS, County wishes to participate in an interlocal agreement with City for the
purpose of limited rabies control in the unincorporated areas of Tarrant County; and
WHEREAS, County 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
County whereby, subject to the terms and conditions hereinafter set forth and consideration
specified below, City agrees to provide County with limited rabies control services in the
unincorporated areas of Tarrant County, and City agrees to provide impoundment and quarantine
facilities for animals pursuant to this Agreement for the benefit of County.
Interlocal Agreement with Tarrant County for Rabies Control for 2008-2009 Page 1 of 1 ]
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 Texas
Health and Safety Code.
ANIMAL shall mean any living, vertebrate creature, domestic or wild, other than homo
sapiens.
ANIMAL CARE AND CONTROL CENTER shall mean the facility located at 4900
Martin Street, Fort Worth, Texas, which is operated by the City for the purpose of
impounding and caring for animals as prescribed by law.
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 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 Department of State Health Services
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.
Interlocal Agreement with Tarrant County for Rabies Control for 2008-2009
Page 2 of I 1
3.
TERM
The term of this Agreement is for a period of one (1) year commencing on October 1,
2008, and ending on September 30, 2009.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services in Subsection B., C., and D. for County in the
unincorporated areas of Tarrant County, 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 County 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 County to the City; and
(4) Provide surveillance and trapping of suspected bite animals and of animals
that are suspected of being rabid.
(5) Promptly report to county epidemiologist and the health authority any
potential or actual human exposure to a rabid animal(s) occurring in the
unincorporated areas of the County.
Interlocal Agreement with Tarrant County for Rabies Control for 2008-2009 Page 3 of 1 1
5.
DUTIES OF COUNTY
A. County 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. County agrees that it will provide prompt response by the Sheriffs Office to calls for
assistance by the City when performing services under this Agreement.
C. County 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. County further agrees that City is not required to pursue
the issuance and execution of such warrants.
D. County agrees to provide City with three (3) dog traps and six (6) cat traps at the
commencement of this Agreement and will replace any of such traps that are stolen or
destroyed within thirty (30) days during the term of this Agreement. If this Agreement is
not renewed, such traps will be returned to County.
6.
IMPOUNDMENT AND DISPOSITION OF ANIMALS
A. Any animal presented by a resident of unincorporated Tarrant County may be accepted
by the City provided that County 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 ownership;
(2) Proof of identification;
(3) Payment of kenneling fees;
(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
(6) Purchase of microchip identification.
Interlocal Agreement with Tarrant County for Rabies Control for 2008-2009 Page 4 of 11
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 the County not reclaimed by their owner will be euthanized
and the County will be billed for the cost of quarantine, euthanization and disposal.
F. Tarrant County will be billed for boarding of all impounded animals delivered by Tarrant
County 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 County 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
uangUrUUs dogs, to register dangerous dugs, or otherwise regulate dangerous dogs in
unincorporated areas of Tarrant County, 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 County fails to enact and
maintain rules or ordinances pursuant to Section 826.014 and 826.033 of the Act, that
require animals in the unincorporated areas of the County to be restrained at all times.
8.
SPONSIBILITY 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. County shall have no direct supervisory authority over
such employees except in emergency situations where the exercise of supervision by County
becomes necessary. Regarding workers' compensation insurance, the City shall not waive its
right to subrogate against the County for losses incurred in the course of City's services rendered
to County under this Agreement.
Interlocal Agreement with Tarrant County for Rabies Contro] for 2008-2009 Page 5 of 11
9.
COMPENSATION
A. As fair compensation for the services rendered by City to County from October 1, 2008
through September 30, 2009, County 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 County 120 days notice. County will not pay City more than
$,Lo PW. Gb 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 County Auditor
with an itemized monthly bill. County agrees to promptly pay such bills upon presentation
by the City, such payments to be made from current revenues available to County. In the
event of the termination of this Agreement, City shall bill the County for any outstanding
balance, regardless of the amount, and County agrees to promptly pay such bill.
B. Pursuant to the requirements of Section 791.011(d)(3) of the Texas Government Code, the
amount due City under subparagraph A. above shall be paid from revenues available to
County in fiscal year 2008 through 2009.
10.
FEES CHARGED ANIMAL OWNERS
County hereby agrees that City may charge, or cause to be charged, the fees set out in
"Exhibit B" to the owners of animals that have been impounded or quarantined. 56Exhibit 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 the County 120
days' notice. If an animal's owner reclaims the animal and pays the kenneling fees, then the City
will not charge the County 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 the County 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 County shall be responsible to City for the fees.
11.
LIABILITIE
A. To the extent permitted by law, County shall be responsible for all work -related deaths,
injuries or diseases of County employees, and for property damage; personal injury or
death caused by such employees 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 employees or volunteers relating to work provided pursuant to this
Agreement.
Interlocal Agreement with Tarrant County for Rabies Control for 2008-2009 Page 6 of I 1
C. County shall be responsible for all property damages, personal injuries and death caused
by the use of City and County equipment and vehicles pursuant to this Agreement.
Furthermore, County shall be responsible for the repair or replacement of all such
equipment and vehicles damaged, destroyed, lost or stolen by County 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, destroyed, lost or stolen caused by City
employees or volunteers during the provision of services hereunder.
12.
IMMUNITY & THIRD PARTIES
A. The County expressly waives its right to assert immunity from suit for a claim forming
the basis of a suit between the City and County alleging a breach of this Agreement. The
County does this as consideration for the City's offer to enter into this Contract with the
County. 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 County or City while in the performance of this Agreement. This
Agreement may not be construed to expand the liability of City or County 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 County that City and County 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 County.
Interlocal Agreement with Tarrant County for Rabies Control for 2008-2009
Page7of11
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 County 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.
19.
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 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.
20.
FISCAL FUNDING LIMITATION
If for any reason, at any time during any term of this Agreement, the Fort Worth 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�effe tive on the later of (i) thirty (30)
days following delivery by the City to D47vor lr rAIN 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.
Interlocal Agreement with Tarrant County for Rabies Control for 2008-2009 Page 8 of 1 1
21.
HOMELAND SECURITY
If the United States Department of Homeland Security issues a Level Orange
or Level Red Alert, City, in its sole discretion, may terminate the Agreement immediately.
EXECUTED in triplicate this
Fort Worth, Tarrant County, Texas.
CITY QF FORT WORTH
APPROVED AS TO -FORM
L
City A
L
ATTEST:
City Secretary
7 day of knmb , 200� in
TARRANT COUNTY
B. Glen Whitley
County Judge
Gertification of Funds Available ,
for the Amount of D
Alt! as•w� 1
Interlocal Agreement with Tarrant County for Rabies Control for 2008-2009
Page9of11
"EXHIBIT A"
SCHEDULE OF FEES PAID BY COUNTY
DAILY BOARD FEE
Kenneling (per dog, cat or other small animal)
Quarantine (per animal)
SERVICE CALLS AND RABIES RESPONSE
(Excluding head preparation and shipment)
Per Request
HEAD PREPARATION AND SHIPMENT
Per Animal Head
EDUCATIONAL SERVICES
Per Staff Hourly Charge
EUTHANIZATION AND DISPOSAL
Per animal
$15.00 per day
$20.00 per day
$87.00
$100.00
$70.00
AFTER-HOURS WEEKEND AND EMERGENCY ANIMAL CONTROL RESPONSE.
Per Request
Interlocal Agreement with Tarrant County for Rabies Control for 2008-2009
Page 10 of l l
EXHIBIT B"
SCHEDULE OF FEES TO BE PAID TO CITY BY OWNERS RECLAIMING 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
Interlocal Agreement with Tarrant County for Rabies Control for 2008-2009 Page 11 of 11
Page 1 of 1
McElroy, Denis C.
From: Agyemang, James
Sent: Thursday, November 20, 2008 1:38 PM
To: 'Marsha L. Gillespie'
Cc: McElroy, Denis C.
Subject: RE: Unincorporated Tarrant County Contract
Thanks
From: Marsha L. Gillespie [mailto:MLGillespie@TarrantCounty.com]
Sent: Thursday, November 20, 2008 1:34 PM
To: Agyemang, James
Subject: RE: Unincorporated Tarrant County Contract
OH MY heavens how did it get Dalworthington Gardens in there??? Yes cross it out and
put Tarrant County.
From: Agyemang, James [mailto:James.Agyemang@fortworthgov.org]
Sent: Thursday, November 20, 2008 1:25 PM
To: Marsha L. Gillespie
Subject: Unincorporated Tarrant County Contract
Marsha,
I understand page 8 of the contract you submitted has Dalworthington Gardens instead of Unincorporated Tarrant
County. Could you send me page 8 or do we have your permission to cross out Dalworthington and insert
County?
Please advice. Thanks
11/20/2008
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, September 30, 2008
LOG NAME: 50J09ACTARRANT
REFERENCE NO.: �`*C-23090
SUBJECT:
Authorize Execution of an Interlocal Agreement with Tarrant County to Provide Animal and Rabies
Control in Unincorporated Areas of Tarrant County During Fiscal Year 2009
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an interlocal agreement with
Tarrant County for the purpose of providing limited animal and rabies control in the unincorporated areas of
Tarrant County from October 1, 2008, through September 30, 2009.
DISCUSSION:
Since November 8, 1994, Tarrant County and the City of Fort Worth have entered into annual interlocal
aareements for the provision of limited animal and rabies control in the unincorporated areas of Tarrant
County (Fiscal Year 2008 -City Secretary's Contract No. 36871).
The term of the proposed interlocal agreement is for 12 months beginning October 1, 2008, and ending
September 30, 2009. Under this contract, Tarrant County will pay the City to provide limited animal and
rabies control services in the unincorporated areas of Tarrant County between 8:00 a.m. and 4:00 p.m.
Monday through Friday. The City will also provide emergency rabies control after-hours, weekends, and
holidays.
Based on the results of an April 2008 review by the Internal Audit Department, staff is proposing the
following adjusted fee schedule for provision of animal and rabies control for Fiscal Year 2009:
Service
Daily Board Fee
Euthanization/Disposal Fee
Quarantine Board Fee
Service Request
Emergency Service Request
Educational Services
Animal Head Shipment/Rabies Testing
Current Fee Proposed Fee
$15.00 $15.00
$15.00 $15.00
$20.00 $20.00
$70.00 $87.00
$80.00 $100.00
$70.00/hour $70.00/hour
$80.00 $100.00
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Code Compliance Department, Animal Care
and Control Division will be responsible for collection and deposit of funds due to the City as a result of this
agreement.
http://apps. cfwnet. org/council�acket/Reports/mc�rint. asp
12/5/2008
Page 2 of 2
TO Fund/Account/Centers
GG01 4 $25,000.00
(VARIOUS) 0239002
GG01 4 $25,000.00
(VARIOUS) 0239003
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Joe Paniagua (6140)
Daniel Reimer (871-7201)
James Agyemang (3743)
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 12/5/2008