HomeMy WebLinkAboutContract 39430STATE OF TEXAS §
COUNTY OF TARRANT §
�1TY�RETAY
�0N"M'ACT NO. It
31
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 the Town of Pantego, a Type A General Law municipal corporation located in
Tarrant County, Texas, acting by and through its duly authorized Doug Davis, City Manager
(hereinafter referred to as "Pantego").
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 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, Pantego wishes to participate in an interlocal agreement with City for the
purpose of limited rabies control in the City of Pantego; and
WHEREAS, Pantego 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 Pantego whereby, subject to the terms and conditions hereinafter set forth and for the
consideration specified below, City agrees to provide Pantego with limited rabies control
services in the City of Pantego, and City agrees to provide impoundment and quarantine facilities
for animals pursuant to this Agreement for the benefit of Pantego.
Interlocal Agreement with Pantego for Rabies Control for 2009-2010
Page 1 of 9
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 Pantego for Rabies Control for 2009-2010 Page 2 of 9
3.
TERM
The term of this Agreement is for a period of one (1) year commencing on October 1,
2009 and ending on September 30, 2010.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services annotated in Subsection B. below, for Pantego
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 Pantego to the City.
C. Impoundment of Animals
City will board animals delivered to the City's Animal Care and Control Center by
Pantego.
5.
DUTIES OF PANTEGO
A. Pantego 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. Pantego 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. Pantego further agrees that City is not required to pursue the
issuance and execution of such warrants.
6.
IMPOUNDMENT, pUARANTINE AND DISPOSITION OF ANIMALS
A. Any animal presented by a Pantego resident may be accepted by the City provided that
Pantego 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
five (5) days, excluding the day it is impounded, unless released earlier to its owner. A
Interlocal Agreement with Pantego for Rabies Control for 2009-2010 Page 3 of 9
quarantined animal shall be held or presented for testing according to the Act and the
Rules. Pantego shall notify City in writing whether Pantego does or does not desire that
the bite animal be prepared and shipped for testing. Pantego 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 Animal Services Administrator or Animal Control Manager for the City 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 Pantego 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 Pantego not reclaimed by their owner will be euthanized,
and Pantego will be billed for the cost of quarantine, euthanization and disposal as
applicable.
F. Pantego will be billed for boarding of all impounded animals delivered by Pantego 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 Pantego as those terms are defined or used in Title 10 of the Texas Health and
Safety Code.
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 Pantego under the authority of Chapter 822 Subchapter D. of the Texas Health
and Safety Code,
Interlocal Agreement with Pantego for Rabies Control for 2009-2010 Page 4 of 9
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 Al" impound stray animals if Pantego fails to enact and maintain rules or
ordinances pursuant to Sections 826.015 and 826.033 of the Texas Health and Safety
Code 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. Pantego shall
have no direct supervisory authority over such employees except in emergency situations where
the exercise of supervision by Pantego becomes necessary for the resolution of the emergency.
9.
CONSIDERATION
A. As fair compensation for the services rendered by City to Pantego from October 1, 2009
through September 30, 2010, Pantego 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 Agreem nt b i �'ng P tego 120 days written notice. Pantego
will not pay City more than $ i o al, for services rendered during the
term of this Agreement. This a nolint 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 Pantego with an itemized monthly bill.
Pantego agrees to promptly pay such bills upon presentation by the City, such payments to
be made from current revenues available to Pantego, within thirty (30) days of receipt. In the
event of the termination of this Agreement, City shall bill Pantego for any outstanding
balance, regardless of the amount, and Pantego agrees to promptly pay such bill, within thirty
(30) days of receipt.
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
Pantego in fiscal year October 2009 through September 2010.
Interlocal Agreement with Pantego for Rabies Conh•ol for 2009-2010 Page 5 of 9
10.
LIABILITIES
the extent permitted by law, Pantego shall be responsible for all work -related deaths,
injuries or diseases of Pantego employees, and, for property damage, personal injury or
death caused by Pantego 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 employees or volunteers relating to work provided pursuant to this
Agreement.
C. Pantego shall be responsible for all property damages, personal injuries and death arising
from the use of City and Pantego equipment and vehicles caused by Pantego employees
or volunteers pursuant to this Agreement. Furthermore, Pantego shall be responsible for
the repair or replacement of all such equipment and vehicles damaged, destroyed, lost or
stolen caused by Pantego 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 Pantego 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 Pantego or City while in the performance of this Agreement. This
Agreement may not be construed to expand the liability of City or Pantego beyond the
scope of Chapter 101 of the Texas Civil Practice and Remedies Code, unless specifically
stated herein.
12.
TERMINATION
It is further agreed by and between City and Pantego, that City and Pantego shall each
have the right to terminate this Agreement upon thirty (30) days' written notice to the other
party.
Interlocal Agreement with Pantego for Rabies Control for 2009-2010 Page 6 of 9
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 Pantego.
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 Pantego pursuant to Chapter 791 of the Texas
Government Code,
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 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
Interlocal Agreement with Pantego for Rabies Control for 2009-2010 Page 7 of 9
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 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 effective on the later of (i) thirty (30)
days following delivery to Pantego 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 Orange or Level
Red Alert, City, in its sole discretion, may terminate the Lease immediately.
EXECUTED in triplicate this G day of / - e " , 2
Tarrant County, Texas.
CITY OF FORT WORTH
W. Daniels �
t City Manager
Denis rv. IvIcE
Assistant City
M&C G-16649
ATTEST:
Marty Hendr&r�
City ecre ary lubq
t I OA
Cor�t.r-aC_ i11At��AJCiz*
Interlocal Agreement with 1� ' t g f gs gntrol for 2009 2010
Date
TOWN OF PANTEGO
py: Dou avis
ITS: CitjYManager
APPROVED AS TO FORM
Qame s I T
City Ate
ATTEST:
ey
Reso? ution Tdo. 09-019
"EXHIBIT A"
SCHEDULE OF FEES TO BE PAID BY PANTEGO
DAILY BOARD FEE
Kenneling (per dog, cat or other small animal) $15.00 per day
Quarantine (per animal) $20.00 per day
HEAD PREPARATION AND SHIPMENT
Per Animal Head $100000
EUTHANIZATION AND DISPOSAL
Per animal $15.00
Interlocal Agreement with Pantego for Rabies Control for 2009-2010 Page 9 of 9
M&C Review
Page 1 of 2
CITY COUNCIL AGENDA
Official site of the City of Fort Worth, Texas
COUNCIL ACTION: Approved on 8/11/2009
FLIRT WORTH
DATE: 8/11/2009 REFERENCE IM a:
`T �*G-16649 LOG NAME: 23RABIESCONTROL
CODE: G TYPE: CONSENT PUBLIC NO
HEARING.
SUBJECT: Authorize Execution of Interlocal Agreements with Various Tarrant County Municipalities
for the Purpose of Providing Animal and Rabies Control and Rabies Specimen Shipment
from October 1, 2009, Through September 30, 2010
RECOMMEN®ATION:
It is recommended that the City Council authorize the City Manager to execute interlocal agreement:
with various Tarrant County municipalities for the purpose of providing limited animal and rabies
control and rabies specimen shipment from October 1, 2009, through September 30, 2010.
DISCUSSION:
The Code Compliance Department, Animal Care and Control Division, (Animal Care and Control
Division) has historically assisted some Tarrant County municipalities in providing animal control and
in the processing and shipment of specimens to the Bureau of Laboratories in Austin for testing
related to rabies control. Services associated with processing specimens include the kenneling of
impounded animals, euthanization, disposal services and specimen shipping. Section 791.011 of the
Texas Government Code provides that a local government may contract with another local
government to perform "governmental functions and services," which includes functions and service:
related to public health and welfare. Under this provision, the City of Fort Worth may enter into an
interlocal agreement so that the Animal Care and Control Division may provide animal control, anims
impoundment, boarding, quarantine, euthanization and disposal services to a municipality.
In Fiscal Year 2009, 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 City of Blue
Mound contracted for these services plus animal control. Municipalities desiring to contract for any o•
these services are required to execute a new agreement annually.
I he proposed fee schedule for Fiscal Year 2010 is
--
Euthanization/Disposal --
Duarantine .. • -
Service Request
Emergency
Service Request
E• • Services
Mimal Head Shipment/Rabies Testing
.00
10
$
Based on revenues received from interlocal agreements in Fiscal Years 2008 and 2009, staff
anticipates kenneling revenue in Fiscal Year 2010 to total $47,000.00; service response revenue to
total $3,500.00 and specimen shipping revenue to total $500.00.
http://apps.cfwnet.or�/council packet/mc review.asp?II�=12089Rccounci1date=8/11/2009 10/22/2009
M&C Review
The Financial Management Services Director certifies that the Code Compliance Department, Animc
Care and Control Division, is responsible for the collection and deposit of funds due to the City.
• ..
!�3GO1 VARIOUS.0239002
/11 11
Charles Daniels (6199)
Brandon Bennett (6322}
James Agyemang (3743)
http://ap�s.cfwnet.or�/council packet/mc review.asp?ID=12089&councildate=8/11/2009 10/22/2009