HomeMy WebLinkAboutContract 45439 (2)STATE OF TEXAS
CITY SEC , ire
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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 the City of Blue Mound, Texas, a Type A general law municipal corporation located
i 1 Tarrant 6 I nty, exas, acting by and through its duly authorized
reinafter referred to as "Blue Mound").
WITNES SETH:
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, Blue Mound wishes to participate in an interlocal agreement with City for
the purpose of limited rabies control in the City of Blue Mound; and
WHEREAS, Blue Mound 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
Blue Mound whereby, subject to the terms and conditions hereinafter set forth and consideration
specified below, City agrees to provide Blue Mound with limited rabies control services, and
further that City agrees to provide for the impoundment and quarantine facilities for animals
impounded and quarantined under this Agreement for the benefit of Blue Mound._
1.
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RECEIVED MAR 2 0 2014
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 foi 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 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.
Interlocal Agreement with Blue Mound for Rabies Control for 2013-2014 Page 2 of 10
3.
TRRM
The term of this Agreement is for a period of one (1) year commencing on October 1,
2013, and ending on September 30, 2014.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services annotated in Subsection B below, for Blue Mound,
between the hours of 9:00 a m and 5:00 p.m. only excluding holidays, with no after
hours service provided.
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, animals suspected of being rabid 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 Blue Mound 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 either hold for the 72 hour holding period or euthanize and
process for rabies testing bite animals which are presented by Blue Mound to the City.
D. Educational Services
City will provide, upon written request by Blue Mound and as practicable and available,
educational programs and speakers on the topic of rabies control and eradication
I-, Impoundment of Animals
City will board animals delivered to the City's Animal Care and Control Center by Blue
Mound officials.
Interlocal Agreement with Blue Mound for Rabies Control for 2013-2014 Page 3 of 10
5.
DUTIES OF BLUE MOUND
A. Blue Mound 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. Blue Mound agrees that it will provide prompt response by the Blue Mound Police
Department to calls for assistance by the City when performing services under this
Agreement.
C. Blue Mound 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. Blue Mound 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 72 hours unless released earlier to its owner A quarantined
animal shall be held or presented for testing according to the Act and the Rules. Blue
Mound 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 Superintendent of the Animal Care and Control Division 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 Blue Mound 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 foi 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
foi adoption or euthanized, at the sole discretion of the City.
E All quarantined animals from Blue Mound not reclaimed by their owner will be
euthanized, and Blue Mound will be billed for the cost of quarantine, euthanization and
disposal as applicable.
Interlocal Agreement with Blue Mound for Rabies Control for 2013-2014 Page 4 of 10
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
Blue Mound 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 Blue
Mound under the authority of Chapter 822 Subchapter D. of the Texas Health and Safety
Code.
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 patrol for or impound stray animals if Blue Mound 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 restr ained at all times.
8
RESPONSIBILITY FOR 1-�;MPLOYhES
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. Blue Mound
shall have no direct supervisory authority over such employees except in emergency situations
where the exercise of supervision by Blue Mound becomes necessary for resolution of the
emergency. Regal ding workers' compensation insurance, the City shall not waive its right to
subrogate against Blue Mound for losses incurred in the course of City's services rendered to
Blue Mound under this Agreement.
Interlocal Agreement with Blue Mound for Rabies Control for 2013-2014 Page 5 of 10
9.
CONSIDERATION
A. As fail compensation for the services rendered by City to Blue Mound from October 1, 2013
through Septembei 30, 2014, Blue Mound 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 Blue Mound 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. Blue Mound will not pay City more than $ 10300 .'a , in total, 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 City of Blue Mound with an itemized
quarterly bill. Blue Mound agrees to promptly pay such bills upon presentation by the City,
such payments to be made from current revenues available to Blue Mound, within thirty (30)
days of receipt In the event of the termination of this Agreement, City shall bill Blue
Mound for any outstanding balance, regardless of the amount, and Blue Mound 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 under subparagraph A. above shall be paid from revenues available to Blue
Mound in fiscal year October 2013 through September 2014.
10.
LIABILITII S
A. To the extent permitted by law, Blue Mound shall be responsible for all work -related
deaths, injuries or diseases of Blue Mound 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. Blue Mound shall be responsible for all property damages, personal injuries and death
caused by the use of City and Blue Mound equipment and vehicles pursuant to this
Agreement. Furthermore, Blue Mound shall be responsible for the repair or replacement
Interlocal Agreement with Blue Mound for Rabies Control for 2013-2014 Page 6 of 10
of all such equipment and vehicles damaged, destroyed, lost or stolen by Blue Mound
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. Furtheiuiore, 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.
11.
IMMUNITY & THIRD PARTIES
A. It is expressly understood and agreed that, in the execution of this Agreement, neither
City nor Blue Mound 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 Blue Mound or City while in the performance of this Agreement.
This Agreement may not be construed to expand the liability of City or Blue Mound
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 Blue Mound that City and Blue Mound shall
each have the light to terminate this Agreement upon thirty (30) days written notice to the other
party.
13.
ENTIRETY
This Agt eement 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 Blue Mound.
15
SEV hRABILITY
In case any one o1 more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, of unenforceable in any respect, such invalidity, illegality, or
Interlocal Agreement with Blue Mound for Rabies Control for 2013-2014 Page 7 of 10
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 Blue Mound as an Interlocal Agreement pursuant to
Chapter 791 of the Texas Government Code.
17.
AUTHORIZATION
The undersigned officer and/or agents of the parties hereto are pioperly 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 laboi 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 o1 not, the party so obligated or permitted
shall be excused from doing or performing the same during such period of delay.
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 Blue Mound 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.
Interlocal Agreement with Blue Mound for Rabies Control for 2013-2014 Page 8 of 10
EXECUTED in triplicate this
County, Texas.
CITY OF FORT WORTH
.144,ea//
arles W. Daniels
Assistant City Manager
APPROVED AS TO FORM
4eN/I-1/4-a
Arthur N. Bashor
Assistant City Attorney
day of ittf/��e7---- 20/ `lin Tarrant
CITY OF BLUE MOUND
4
BY: icws‘ t nY,
ITS: te\41-%•
APPROVED AS TO FORM
City Attorney
Interlocal Agreement with Blue Mound for Rabies Control for 2013-2014
OFFOCNAL RECORD
CITY Srg3 .0141i
TX
"EXHIBIT A"
SCHFiDULFa, OF FEES PAID BY COUNTY
DAILY BOARD FEh
Kenneling (per dog, cat or other small animal)
Quarantine (per animal)
Quarantine fee (per animal)
S KRVICE CALLS AND RABIES RESPONSE
(Excluding head preparation and shipment)
Per Request
$15.00 per day
$20 00 per day
$100.00
87.00
HFaAD 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 FMERGENCY ANIMAL CONTROL RESPONSE
Per Request $100.00
Administrative Fee (per impoundment) $50.00
Interlocal Agreement with Blue Mound for Rabies Control for 2013-2014 Page 10 of 10
M&C Review
CIL ' GENDA
COUNCIL ACTION: Approved on 11/5/2013
DATE: 11/5/2013 REFERENCE
NO.:
Page 1 of 2
Official site of the City of Fort Worth, Texas
FORT WORTI I
23RABIES CONTROL
**C-26547 LOG NAME VARIOUS MUNICIPALITIES F/Y
2014
CODE: C TYPE• CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Interlocal Agreements with Tarrant County and Various
Municipalities for the Purpose of Providing Animal and Rabies Control Services and Rabies
Specimen Shipments During Fiscal Year 2014 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Interlocal Agreements with Tarrant
County and various municipalities within the county for the purpose of providing limited animal and
rabies control and rabies specimen shipments from October 1, 2013 through September 30, 2014
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, 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 services
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, animal
impoundment, boarding, quarantine, euthanization and disposal services to a municipality.
This Mayor and Council Communication will authorize interlocal Agreements for Fiscal Year 2014
with the following entities: the City of Benbrook is contracting for specimen shipment services; the
Cities of Forest Hill, Kennedale, Edgecliff Village Pantego and Dalworthington Gardens are
contracting for boarding, quarantine specimen shipping, euthanization, chemical capture animal care
fee and disposal services; the City of Blue Mound and Tarrant County are contracting for the services
listed above plus periodic routine animal control services by request Municipalities desiring to
contract for any of these services are required to execute a new Agreement annually
Some of our supported municipalities have initiated chemical capture programs. Dogs that have been
captured using tranquilizer guns must be given extraordinary care when they are brought to the
shelter. The extraordinary care consists of kenneling them in specific cages that will minimize light
and noise and they must have continual monitoring by the veterinarian staff until they are awake and
have been observed drinking and eating. For this reason we have added a chemical capture animal
care fee of $75.00 per animal.
The following fee schedule comprises the Fiscal Year 2014 fees:
http://apps.cfwnet org/council_packet/mc review.asp7ID=19097&councildate=11/5/2013 3/24/2014
M&C Review Page 2 of 2
S ERVICE
Administrative Fee Per Animal Impoundment
Daily Boarding Fee
Euthanasia/Disposal Fee
Q uarantine Boarding Fee
Administrative Fee Per Animal Quarantine
Field Service Request
S pecimen Preparation and Shipment
Administrative Fee Per Specimen Shipment
Emergency Field Service Request
Chemical Capture Animal Care Fee
Educational Presentations
FY 2014 FEE
$ 50 00
$ 15.00
$ 50 00
$ 20.00
$ 100.00
$ 87.00
$ 100.00
$ 25.00
$ 100.00
$ 75 00
$70.00 per hour
Based on revenues received from Interlocal Agreements in Fiscal Years 2012 and 2013 Staff
anticipates revenue in Fiscal Year 2014 to total $55,000.00 from kenneling $70 000 00 from various
services and $3 000.00 from specimen shipping.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Code Compliance Department, Animal
Care and Control Division, is responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Charles Daniels (6199)
Brandon Bennett (6345)
Michael Camp (7020)
Shannon Elder (6326)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=19097&councildate=11/5/2013 3/24/2014