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HomeMy WebLinkAboutContract 45440 (2)tdc • STATE OF TEXAS COUNTY OF TARRANT CITY SECRETARY CONTRACT NO. 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 Tarrant County, Texas, acting by and through its duly authorized County Judge (hereinafter referred to as "County"). 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, County wishes to participate in an interlocal agreement with City for the purpose of limited rabies control in 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. RECEIVED 14AR 2 0 2014 OFFICIL RECORD CITY SECRETARY FT. WORTHS TX 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 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 Tarrant County for Rabies Control for 2013-2014 Page 2 of 12 3. TERM 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 in Subsection B., C., and D. for County in the unincorporated areas of Tarrant County, between the hours of 9:00 a m and 5:00 p.m. Tuesday thru Saturday, 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, animals that are 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 County 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 Tarrant County to the City and: (1) Provide surveillance and trapping of suspected bite animals and of animals that are suspected of being rabid. (2) 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 2013-2014 Page 3 of 12 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 of 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. 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 foi testing according to the Act and the Rules. The County 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 Tarrant County 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) Ananging 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 of euthanized, at the sole discretion of the City. Interlocal Agreement with Tarrant County for Rabies Control for 2013-2014 Page 4 of 12 All quarantined animals from Tarrant County not reclaimed by their owner will be euthanized, and Tarrant County will be billed for the cost of quarantine, euthanization and disposal as applicable. 7. hXCLUSIONS 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 ate 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. 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. The city will provide a list of quarantine facilities they have identified throughout Tarrant County for use by the County for their quarantine requirements D. City 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 hMPLOYEES 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 Paragiaph 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 2013-2014 Page 5 of 12 9. COMPENSATION A. As fair compensation for the services rendered by Tarrant County from October 1, 2013 through September 30, 2014, Tarrant County 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 Tarrant County 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 Exhibit A. C. Tarrant Countywill not payCitymore than $ 55, 5o0.OQ , in total, for services rendered duringthe term of this A reement. This amunt shall herein constitute a not to g exceed limitation placed upon this Agreement, and when such amount is reached, City will cease providing such services. City agrees to provide Tarrant County with an itemized quarterly bill. Tarrant County agrees to promptly pay such bills upon presentation by the City, such payments to be made from current revenues available to Tarrant County, within thirty (30) days of receipt. In the event of the termination of this Agreement, City shall bill Tarrant County for any outstanding balance, regardless of the amount, and Tarrant County 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 Tarrant County in fiscal year October 2013 through September 2014. 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. Interlocal Agreement with Tarrant County for Rabies Control for 2013-2014 Page 6 of 12 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 foi property damage, personal injury or death caused by City employees or volunteers relating to work provided pursuant to this Agreement. C. County shall be responsible for all property damages, personal injuries and death caused by the use of County equipment and vehicles pursuant to this Agreement. Furthermore, County shall be responsible foi the repair o1 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. 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. Interlocal Agreement with Tarrant County for Rabies Control for 2013-2014 Page 7 of 12 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. 16. S H V hRABILITY In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, o1 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 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. FORCh MAJEURE 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 laboi restrictions; transportation problems; or any other circumstances which are 1 easonably 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. Interlocal Agi eement with Tarrant County for Rabies Control for 2013-2014 Page 8 of 12 20. FISCAL FUNDING LIMITATION If for any reason, at any time during any tern 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 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. 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. SIGNATURES ARE ON NEXT PAGE Interlocal Agreement with Tarrant County for Rabies Control for 2013-2014 Page 9 of 12 EXECUTED in triplicate this Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH halles W. Daniels A ant City Manager APPROVED AS TO FORM LTh C� Arthur N. Bashor Assistant City Attorney ATTEST: 4s4aiy J. City Secre i M&C C-26547 day of FtbQ.cL*e4 TARRANT COUNTY B. Glen Whitley County Judge APPROVED S TO F Assistant�istrict Attorney ,2019in *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). Certification of Funds Available for the Amount oaf $3$'2o eate-J2 S. RENEE TIDWELL, CPA COUNTY A_TJDITOR via OFFICIAL EC RD., (,,PiggMlir/ARY Interlocal Agreement with Tarrant County for Rabies Control for 2013-2014 f 1.2 "EXHIBIT A" SCHF,DULE OF FENS PAID BY COUNTY DAILY BOARD FEE Kenneling (per dog, cat or other small animal) Quarantine (per animal) Quarantine fee (per animal) SERVICb CALLS AND RABIES RESPONSF, (Excluding head preparation and shipment) Per Request $15 00 per day $20 00 per day $100.00 $87.00 HEAD PREPARATION AND SHIPMENT Per Animal Head $100.00 EDUCATIONAL SERVICES Per Staff Hourly Charge $70.00 hUTHANIZATION AND DISPOSAL Per animal $50.00 AFTER-HOURS, WEEKEND AND EMERGhNCY ANIMAL CONTROL RESPONSE Per Request $100.00 ADMINISTRATIVh FF,F, $50.00 Per impoundment of service request Interlocal Agreement with Tarrant County for Rabies Control for 2013-2014 Page 11 of 12 EXHIBIT B" SCHEDULE OF FEES TO BE PAID TO CITY BY OWNERS RECLAIMING ANIMALS RABI>~:S VACCINATION FEE Per reclaimed dog or cat DAILY BOARD FEES: Kenneling (dog, cat, small animal) Kenneling (other than dogs, cats or small animal) Quarantined animals $ 9.00 $15.00 per day $15.00 per day $20.00 per day Interlocal Agreement with Tarrant County for Rabies Control for 2013-2014 Page 12 of 12 M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas FORT WORT! l COUNCIL ACTION: Approved on 11/5/2013 DATE• 11/5/2013 REFERENCE NO.: CODE: SUBJECT: **C-26547 23RABIES CONTROL LOG NAME VARIOUS MUNICIPALITIES F/Y 2014 PUBLIC HEARING: 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) C TYPE• CONSENT RECOMMENDATION: NO 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=1 9 0 97&councildate=1 1 /5/2013 3/24/2014 M&C Review Page 2 of 2 SERVICE Administrative Fee Per Animal Impoundment Daily Boarding Fee Euthanasia/Disposal Fee Quarantine Boarding Fee Administrative Fee Per Animal Quarantine Field Service Request Specimen 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 by: 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