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HomeMy WebLinkAboutContract 39431STATE OF TEXAS § COUNTY OF TARRANT § �QNT cRErgR� NO � �. INTERLOCAL AGREEMENT FOR RABIES CONTROL THIS AGREEMENT is made and entered into by and between the City %J 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 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, County wishes to participate in an Interlocal agreement with City for the purpose of limited rabies control m 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 2009-2010 ITY EE kiTARY F T.1N'ORTF1f Tip 11 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 2009-2010 Page 2 of 11 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 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 Resl7onse 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 2009-2010 Page 3 of 11 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) day's 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 or Animal Control Manager 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 2009-2010 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 dangerous dogs, to register dangerous dogs, 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. Cit_y shall not patrol for and/or impound stray animals if County fails to enact and maintain rules or ordinances pursuant to Sections 826.014 and 826.033 of the Texas Health and Safety Code that require animals in the unincorporated areas of the County 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. 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 Control for 2009-2010 Page 5 of 11 9. COMPENSATION A. As fair compensation for the services rendered by City to County from October 1, 2009 through September 30, 2010, 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 $ 000, 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 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 October 2009 through September 2010. 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. "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 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. LIABILITIES 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 2009-2010 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 2009-2010 Page 7 of I 1 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 menforceability 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 effective on the later of (1) thirty (30) days following delivery to County 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 2009-2010 Page 8 of 1 I 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 day of , 20q in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH 4� les W . llamels Assistant City Manager Denis C: Assistant M&C G-16650 ATTEST: City Secretary contracj Authorizatiolk I o/ s7te= TARRANT COUNTY County Judge Certification of Funds Available for Amou��t of S�O.Ooc� a S. RENEE TIDWELL, CPA COUNTY AUDITOR Interlocal Agreement with Tarrant County for Rabies Control for 2009-2010 Page 9 of 11 "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 $87.00 HEAD PREPARATION AND SHIPMENT Per Animal Head $100.00 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 $100.00 Interlocal Agreement with Tarrant County for Rabies Control for 2009-2010 Page 10 of 11 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 2009-2010 Page 11 of 11