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HomeMy WebLinkAboutContract 54845 CSC No. : 54845 STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL AGREEMENT FOR RABIES CONTROL 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, Johnson and Wise Counties, Texas, acting by and through its duly authorized Assistant City Manager (hereinafter referred to as "City"), and the City of Pantego, Texas, a general law city 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 for dogs and quarantine facilities for animals pursuant to this Agreement for the benefit of Pantego. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2. DEFINITIONS For the purposes of this Agreement, the following definitions shall apply: ACT shall mean the Rabies Control Act of 1991, 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 a facility located in 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 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 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 shal I mean a calendar day or any part thereof. DOG shall mean canis 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. Imerlocal Agreement with Pantego lbr Rabies Control Page 2 of l I 3. TERM Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one year, beginning on October 1, 2020 and ending on September 30, 2021. In addition, the term may be extend by mutual written agreement of the parties, for up to two additional one-year terms. 4. SERVICES BY CITY A. Hours City agrees to perform the services described herein for Pantego in the City of Pantego, between the hours of 8:00 a.m. and 4:00 p.m. weekdays and weekends, excluding holidays, with no after hours service provided. B. Service Calls and Rabies Response In the manner and to the extent that it deems appropriate and in accordance with the Ru18 and the Act, bite animals which are delivered by Pantego officials to the City will be handled by the City. C. Impoundment of Dogs City will board dogs delivered to the City's Animal Care and Control Center by Pantego officials pursuant to Section 6. 5. DUTIES 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 Section 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 dog impounded by Pantego and delivered to the City under this Agreement shall be held for a period of not less than ninety-six 96 hours, unless released earlier to its owner ("Animal Owner") or as described in subsection 6.D. below. A quarantined animal impounded by Pantego and delivered to the City shall be held or presented for testing according to the Act and the Rules. 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 dogs, and quarantined animals, as specified in Exhibit «A.91 Interlocal Agreement with Pantego for Rabies Control Page 3 of I I B. Prior to the expiration of the impoundment period, the City may destroy an impounded dog if the Animal Services Administrator or Animal Control Manager of the City or the Animal Care and Controls veterinarian recommends and approves such action. C. Impounded animals will be released to their owners upon: (l) Proof of identification; (2) Payment of Exhibit"B" fees; (3) 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 or quarantined animals that have not been released to their owners on the expiration of the impoundment or quarantine period, or submitted for rabies testing, shall lie with Pantego, and Pantego authorizes the City to place the animals for adoption, to transfer them to other animal welfare organizations, or to be euthanized, at the sole discretion of the City. Pantego specifically requests the City euthanize all animals from Pantego that are not adopted or transferred. E. All quarantined animals from Pantego not reclaimed by their owner will be disposed of pursuant to Section 6.1). above, and Pantego will be billed for the cost in accordance with the fee schedule. F. Pantego will be billed for all impounded dogs and quarantined animals delivered by the Pantego. G. The City will impound and hold dogs from Pantego which have been seized by Pantego only under Chapters 821 or 822 of the Texas Health and Safety Code. Pantego agrees to request, pursuant to Chapters 821 and 822, an Appeals Bond to cover the fees estimated to be charged to the Animal Owner under Exhibit "B" and Pantego agrees to pay the City all fees which would have been charged the Animal Owner in the event the court does not require the Animal Owner to pay the fees or where the Animal Owner is ordered by the court to pay and fails to pay. 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 of the Texas 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 Enterlocal Agreement with Pantego For Rabies Control Page 4 of!] City of Pantego under the authority of Chapter 822 Subchapter D. of the Texas 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. 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 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 resolution of the emergency. 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 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 Pantego 120 days' written notice. B. Head and shipment preparation fees shall be as described in Exhibit"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 the 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. Interlocal Agreement with Pantego for Rabies Control Page 5 of I I 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. FEES CHARGED ANIMAL OWNERS Pantego 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 Pantego 120 days' notice. Notwithstanding the fees charged to animal owners, Pantego shall remain responsible to the City for the fees set out in Exhibit"A." 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 damages, 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 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. 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. Interlocal Agreement with Pantego for Rabies Control Page 6 of I I B. Nothing in this Agreement shall 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 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 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. Interlocal Agreement with Pantego for Rabies Control Page 7 of 11 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, either city fails to appropriate funds sufficient for the 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 8 of I 1 SIGNATURE PAGE INTERLOCAL AGREEMENT FOR RABIES CONTROL CITY OF FORT WORTH AND CITY OF PANTEGO CITY OF FORT WORTH CITY OF PANTEGO Valerie Washington(Nov 12,202018:12 CST) Valerie Washington I Joe Ashlun Assistant City Manager City Manager Date: Nov 12, 2020 RECOMMLNDFD APPROVED AS TO FORM AND LEGALITY I Tim Morton(Nov 12,202014:39 CST) �=5 � Dr.Timothy Morton lI Asst.Code Compliance Director City Attorney .APPROVED AS TO NORM ATTEST: AND LEGALITY Christopher Austr) (Nov 12,202016:49 CST) Christopher Austria Kyle ugg Assistant City Attorney Director of Public Works w_ ATTEST: O�FORp� a� �aO o SPA_~J+ v'`o void 510 0((� 0 00 p�0'f°°° °°°*�d r o 0 C Secret0 Mary J. ary d�a i nFXA54ap� thryn Roberson City ary City Secretary ��o 000 000Qo M&C:20-0595 08/25/2020 7'exAS 1295: NIA CONTRACT'COMPLIANCE MANAGER: By signing 1 acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By:ennsroone� Name: Christopher Lirette Title: Code Compliance Superintendent lnterlocal Agreement with Pantego for Rabies Control page 9 of I I OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A SCHEDULE OF FEES PAID BY PANTEGO Impoundment/Boarding Fee: Pantego shall pay the City a flat fee of$400.00 per dog or quarantine animal impounded by the City from Pantego during the term of this agreement. SPECIMEN HEAD PREPARATION AND SHIPMENT Per Animal Head Specimen 5200.00 per specimen Interlocal Agreement with Pantego for Rabies Control Page 10 of 11 EXHIBIT B SCHEDULE OF FEES TO BE PAID TO CITY BY OWNERS RECLAIMING ANIMALS Rabies vaccination fee $ 9.00 per reclaimed dog or cat Spay or neuter fee $50.00 per cat $80.00 per dog Microchip Fee $12.00 per reclaimed dog or cat Daily board fees: Kenneling (dog, cat, small animal) $30.00 per day Kenneling (other than dogs, cats or small animal) $30.00 per day Quarantined animals and dangerous dogs $50.00 per day Interlocal Agreement with Pantego for Rabies Control Page I I of]I M&C Review Official CITY COUNCIL AGENDA FLIRT DATE: 8/25/2020 REFERENCE**M&C 20- LOG NAME: 23RABIES CONTROL VARIOUS NO.: 0595 MUNICIPALITIES 2021 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL)Authorize Execution of Interlocal Agreements with Tarrant County and the Cities of Benbrook, Kennedale, and Pantego for the Purpose of Providing Limited Animal and Rabies Control Services and Rabies Specimen Shipments During Fiscal Year 2021 with Renewal Options RECOMMENDATION: It is recommended that the City Council authorize the execution of Interlocal Agreements with Tarrant County and the cities of Benbrook, Kennedale, and Pantego for the purpose of providing limited animal and rabies control services and rabies specimen shipments through September 30, 2021 with the option to renew, by mutual written agreement of the parties, for up to two additional one-year terms. DISCUSSION: The Code Compliance Department, Animal Care and Control Division, has historically assisted Tarrant County and various municipalities within the county by providing limited animal control services and processing and shipping 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, euthanasia, 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 services related to public health and welfare. Under this provision, the City of Fort Worth (City) may enter into an Interlocal Agreement so that the Animal Care and Control Division may provide animal control, animal impoundment, boarding, quarantine, euthanasia and disposal services to a municipality. Approval of the above recommendation will authorize Interlocal Agreements for Fiscal Year 2021 In addition, the term may be extended by mutual written agreement of the parties, for up to two additional one-year terms. Renewals do not require City Council approval. The City would provide the specified services to following entities: The City of Benbrook is contracting for specimen shipment services only; The City of Kennedale and Town of Pantego are contracting for boarding, quarantine, specimen shipping, euthanasia, animal care and disposal services; Tarrant County is contracting for the services listed above plus periodic routine animal control services and education services by request. SERVICE Fiscal Year 2021 FEE Flat Per Animal Fee for all Services 1$400.00 per animal Service Calls and Rabies Response if no Flat Animal Fee Charged $100.00 per request http://apps.cfwnet.org/council_packet/mc review.asp?ID=28164&councildate=8/25/2020[9/28/2020 12:12:58 PM] M&C Review Service Calls and Rabies Response After Hours if no Flat Animal Fee $200.00 per request Charged Head Preparation and Shipment $200.00 per animal head Education Services Staff Charge 11$70.00 per hour In addition to the above fees, Animal Care and Control will also collect fees from owners from Tarrant County and these various municipalities, as follows: SERVICE FISCAL YEAR 2021 FEE PER RECLAIMED ANIMAL Rabies Vaccination Fee $9.00 Spay or Neuter Fee Per Cat Ei5O--O—O Per Dog $80.00 Microchip Fee $12.00 Daily Board Fees Kenneling (dog, cat, small animal) $30.00 per day Kenneling (other than dogs, cats or small $30.00 per day animals) Quarantined Animals $50.00 per day FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Animal Care and Control Division of the Code Compliance Department will be responsible for the collection and deposit of funds due to the City under these Agreements. Upon receipt, these funds will be deposited into the General Fund, Code Compliance Department, Animal Care and Control Division. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I I Year (Chartfield 2) http://apps.cfwnet.org/council_packet/mc review.asp?ID=28164&councildate=8/25/2020[9/28/2020 12:12:58 PM] M&C Review Submitted for City Manager's Office by: Valerie Washington (6199) Originating Department Head: Brandon Bennett (6322) Additional Information Contact: David B. Carson (6336) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc review.asp?ID=28164&councildate=8/25/2020[9/28/2020 12:12:58 PM]