HomeMy WebLinkAboutContract 47208 (2)STATE OF TEXAS
COUNTY OF TARRANT
MT SECRET'11.7 1) n2
G ' TRACT NO
INTERLOCAL AGREEMENT FOR RABIES CONTROL
CITY OFFORT WORTH AND CITY OF PANTEGO
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 City of Pantego, a type B general law municipal corporation located in Tarrant
County, Texas, acting by and through its duly authorized Mayor (hereinafter referred to as
"Pantego").
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 City and
Pantego whereby, subject to the terms and conditions hereinafter set forth and 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. 6��-'-� _- --
OFFICIAL RECORD
CITY SECRETARY
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.
CITY shall mean the City of Fort Worth.
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 beheve 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 familiarise
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 Page 2 of 12
3.
TERM
Unless terminated pursuant to the tears herein, this Agreement shall be for a term of one
year, beginning upon the date of its execution by the Fort Worth City Manager or designee. In
addition, the term may be extended by mutual written agreement of the parties, for up to three
additional (3) one-year terms.
4.
SERVICES BY CITY
Hours
City agrees to perform the services described herein for Pantego in the City of Pantego,
between the hours of 9:00 a.m. and 5 00 p.m. only, Tuesdays through Saturdays,
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, bite animals which are presented by Pantego to the City will be
handled by the City pursuant to Section 6.
C. Impoundment of Animals
City will impound animals delivered to the City's Animal Care and Control Center by
Pantego officials pursuant to Section 6.
5.
DUTIhS OF PANTEGO
A. Pantego 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. 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 Paragraph 4 (C) 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 AND DISPOSITION OF ANIMALS
A. A live, stray animal impounded by the City under this Agreement shall be held for a
period of not less than seventy-two (72) hours, unless released earlier to its owner or as
described in subsection 6.F. below. A quarantined animal shall be held or presented for
testing according to the Act and the Rules. The Pantego shall provide in writing to the
City the date of the bite incident and the animal's date of release from quarantine.
Pantego shall pay charges for impounded animals, until disposition, as specified in
Exhibit "A".
Interlocal Agreement with Pantego for Rabies Control Page 3 of 12
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 identification•
(2) Payment of Exhibit "B" 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) The animal is vaccinated against rabies at the owner's expense if the animal is a
dog or a cat over 12 weeks of age and the owner does not have an unexpired rabies
vaccination certificate for the animal.
D. The ownership of impounded and/or quarantined animals that have not been released to
their owners on the expiration of the impoundment and/or quarantine period, submitted
for rabies testing, or entered into the Fort Worth Feral Cat Program shall he with
Pantego, and Pantego authorizes the City to place the animals for adoption, to transfer
them to other animal welfare agencies, to be humanely euthanized, or to be released in
accordance with Section 6(F), at the discretion of the City or as required by law.
E Pantego will be billed for all impounded and/or quarantined animals delivered by or from
the City of 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 or otherwise disposed
of in accordance with this agreement. The number of days, for billing purposes, will
begin on the day that the animal is impounded.
F. A live stray Cat impounded by the City under this Agreement shall be handled according
to the following:
a. If a stray, neighborhood or feral cat is brought to the animal shelter, the City shall:
i. Advise the presenting person of the City's Feral Cat Policy that all cats
that enter FWACC that do not go into a rescue or adoption program and
which are fit for release under the City's Feral Cat Policy, will be
sterilized, rabies vaccinated, microchipped and ear tipped by the City or its
designee and returned to a location near where the cat was living and/or
found. The City will not euthanize any stray, neighborhood or feral cats
that are brought into Fort Worth Animal Care and Control (FWACC)
unless:
1. They are deemed unfit for release, adoption or rescue due to age,
injury or disease, or
2. They have previously been deemed a public nuisance, defined as
dangerous to human life health or welfare, or to threaten to
become detrimental to the public health or welfare.
ii. Determine if cat is fit for release, adoption or rescue. For the purposes of
this policy the City shall determine when there is a potential threat to
public health or safety when feral cats are in unsafe or inappropriate
areas, or if the cats are at risk of harm or suffering, in its sole discretion
Interlocal Agreement with Pantego for Rabies Control Page 4 of 12
iii. Determine if the cat has been previously deemed to be a nuisance,
1. If the feral cat has not been previously deemed to be a nuisance, it
will be subject to release as a feral cat at or near the location where
it was captured in Pantego.
2. If the feral cat has been previously deemed by the City to be a
nuisance, City will not release the cat to a Caretaker to be returned
to environment in which it has been previously removed as a
nuisance. City will release cat to another entity that agrees to
relocate cat in an area the City determines will not pose a nuisance
threat (i.e. barn cat program), potentially in Pantego. If no other
solution is identified for a cat deemed more than once to be a
nuisance, the cat will be humanely euthanized.
b. Community, feral, and free roaming stray cats are exempt from the standard
holding period described in Section 6.A. above. The ownership of such cats
originating from Pantego is deemed to lie with Pantego. Pantego authorizes the
City or its agents to release community, feral or stray cats obtained in Pantego
back into in Pantego or to otherwise dispose of the cats through the above
described City's Feral Cat Policy. Pantego hereby appoints the City of Fort
Worth, or any entity registered as a Feral Cat Sponsor or Caretaker under the
City's Feral Cat Piogram, or that entity's designee, as Pantego's agent for the
limited purpose of returning cats to the address where the cat was living and/or
found.
c. Pantego represents and agrees that the City's release of any community, feral, or
stray cat in accordance with this Subsection 6(F) is not a violation of any Pantego
ordinance or other law, and that Pantego will not prosecute the City, its
employees, contractors, volunteers, of agents for any violation of an ordinance or
law, or bring any civil or criminal action in any way related to or resulting from
the release or disposition of said cats.
d. Pantego shall compensate the City for services related to community, feral, or free
roaming stray cats in accordance with Exhibit A.
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
Pantego 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 Pantego, 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 iabid animal or its fresh tissues.
Interlocal Agreement with Pantego for Rabies Control Page 5 of 12
D. City shall not 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 (except as provided in Paragraph 5(D) of this Agreement) 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. Regarding workers' compensation insurance, the City shall not
waive its right to subrogate against Pantego for losses incurred in the course of City's services
rendered to Pantego under this Agreement
9.
COMPENSATION
A. As fair compensation for the services rendered Pantego agrees to pay City for its services
based on the schedule attached hereto as Attachment 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 Attachment A during the term of this Agreement by giving Pantego 120 days
written notice.
B. The number of boarding days for billing purposes, will begin on the day that the animal is
impounded and continue as long as the animal is held. In addition to boarding fees, a
quarantine fee will be charged on all animals placed into quarantine, and an administrative
fee will be charged on all animal impoundments Euthanasia and disposal fees and head and
shipment preparation fees shall be as described in Attachment A.
C. Pantego will not pay City more than $10,000.00 in total per contract year, 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 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.
D. Pursuant to the requirements of Section 791.011(d)(3) of the Texas Government Code, the
amount due City shall be paid from revenues available to Pantego in that current fiscal year.
10.
Interlocal Agreement with Pantego for Rabies Control Page 6 of 12
FEES CHARGED ANIMAL OWNERS
Pantego hereby agrees that City may charge, or cause to be charged, the fees set out in
' hxhibit 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 Pantego 120
days' notice. If an animal's owner reclaims the animal and pays the kenneling fees, then the City
will not charge the Pantego 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 Pantego 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 Pantego shall be responsible to City for the fees.
11.
LIABILITIES
A. To 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 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
C. Pantego shall be responsible for all property damage, personal injuries and death caused
by 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 by Pantego employees or volunteers during the provision of services hereunder.
D. City shall be responsible for all property damage, 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. Pantego expressly waives its right to assert immunity from suit for a claim forming the
basis of a suit between the City and Pantego alleging a breach of this Agreement.
Pantego does this as consideration for the City's offer to enter into this Contract with
Pantego. 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 Pantego or City while in the performance of this Agreement. This
Interlocal Agreement with Pantego for Rabies Control Page 7 of 12
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
13.
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.
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 Pantego.
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
unenforceabihty 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 Pantego 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
Interlocal Agreement with Pantego for Rabies Control Page 8 of 12
It is expressly understood and agreed by the parties to this Agreement that if the
performance of any obligations hereunder is delayed by season 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
penod 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, either city fails to
appropriate funds sufficient for that city to fulfill its obligations under this Agreement, that city
may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery
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.
Remainder of Page Intentionally Blank
Interlocal Agreement with Pantego for Rabies Control Page 9 of 12
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR RABIES CONTROL
CITY OF FORT WORTH AND PANTEGO
CITY OF FORT WORTH
&L.
Charles W. Daniels
Assistant City Manager
Date: / //,5"/.5
RECOMMENDED
Dr. Timothy Morton
Asst. Code Compliance Director
APPROVED AS TO FORM
fitz/rJt er‘e.
Arthur N. Bashor
Assistant City Attorney
ATTEST:
Mary J. Kayser
City Secretary
M&C C .-11-14R a
SrfSed015
PANTEGO
Mayor or Manager
APPROV 1 ;1 S TO FO
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Interlocal Agreement with Pantego for Rabies Control Page 10 of 12
EXHIBIT A
SCHEDULE OF FEES PAID BY PANTEGO
DAILY BOARD FEE
Kenneling (per dog, cat or other small animal)
Quarantine (per animal)
Quarantine fee (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
SPAY OR NEUTER FEE
Per cat
Per dog
RABIES VACCINATION FEE
Per animal
MICROCHIP FEE
Per animal
$30.00 per day
$50.00 per day
$100.00
$100.00
$150.00
$70.00
$100.00
$50.00
$80.00
$ 9.00
$12.00
AFTER-HOURS, WEEKEND AND EMERGENCY ANIMAL CONTROL RESPONSE
Per Request
ADMINISTRATIVE FEE
Per impoundment or service request
Remainder of Page Intentionally Blank
$200.00
$50.00
Interlocal Agreement with Pantego for Rabies Control Page 11 of 12
EXHIBIT B
SCHEDULE OF FEES TO BE PAID TO CITY BY OWNhRS RECLAIMING ANIMALS
RABIES VACCINATION FEE
Per reclaimed dog or cat
SPAY OR NEUTER FEE
Per cat
Per dog
MICROCHIP FEE
Per reclaimed dog or cat
DAILY BOARD FEES•
Kenneling (dog, cat, small animal)
Kenneling (other than dogs, cats or small animal)
Quarantined animals
Remainder of Page Intentionally Blank
$ 9.00
$50.00
$80.00
$12.00
$30.00 per day
$30.00 per day
$50.00 per day
Interlocal Agreement with Pantego for Rabies Control Page 12 of 12