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HomeMy WebLinkAboutContract 45408 (2)STATE OF TEXAS 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 Kennedale, a home -rule municipal corporation located in Tarrant County, Texas, acting by and through its duly authorized Ct v o r (hereinafter referred to as "Kennedale"). 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, Kennedale wishes to participate in an interlocal agreement with City for the purpose of limited rabies control in the City of Kennedale; and WHEREAS, Kennedale 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 the City and Kennedale whereby, subject to the terms and conditions hereinafter set forth and for the consideration specified below, City agrees to provide Kennedale with limited rabies control services in the City of Kennedale, and City agrees to provide impoundment and quarantine facilities for animals pursuant to this Agreement for the benefit of Kennedale. OFFICIAL RECORD CITY SECRETARY aY. WORTH, i! -S. RECEIVED MAR 06 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, cougai, or other prohibited animal. DANGEROUS DOG shall mean a dog that makes an unpiovoked 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 pievent 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. 3. Interlocal Agreement with Kennedale for Rabies Control for 2013-2014 Page 2 of 9 TERM The tenof 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 Kennedale between the hours of 8:00 a m and 5:00 p.m. only, Tuesday thru Saturday, and 8:00 a.m. to 4:00 p m Sunday and Monday, excluding holidays, with no afterhours 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 City will either hold for the 72 hour holding period or euthanize and process for rabies testing bite animals which are presented by Kennedale to the City. C. Impoundment of Animals City will board animals delivered to the City's Animal Care and Control Center by Kennedale officials. 5. DUTIES OF KENNEDALE Kennedale agrees that it will retain all responsibility for enforcement of all aspects of the Act not covered in Section 4 of this Agreement, including criminal enforcement. B. Kennedale 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. Kennedale further agrees that City is not required to pursue the issuance and execution of such warrants. 6. IMPOUNDMENT, QUARANTINFi 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. Kennedale shall provide in writing to the City the date of the bite incident and the animal's date of release from quarantine. Interlocal Agreement with Kennedale for Rabies Control for 2013-2014 Page 3 of 9 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 Kennedale 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 for 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 Kennedale not reclaimed by their owner will be euthanized, and Kennedale will be billed for the cost of quarantine, euthanization and disposal as applicable. 7. EXCLUSIONS A. Nothing in this Agreement shall be deemed as designating the City or an officer or employee of the City as the "local health authority' or "local rabies control authority" of the City of Kennedale 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 the City of Kennedale under the authority of Chapter 822 Subchapter D. of the Texas Health and Safety Code. 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 Kennedale 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 hieing, Interlocal Agreement with Kennedale for Rabies Control for 2013-2014 Page 4 of 9 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. Kennedale shall have no direct supervisory authority over such employees except in emergency situations where the exercise of supervision by Kennedale becomes necessary for the resolution of the emergency. 9. CONSIDERATION A. As fair compensation for the services rendered by City to Kennedale from October 1, 2013 through September 30, 2014, Kennedale 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 Kennedale 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 prepaiation fees shall be as desciibed in Attachment A. C. Kennedale will not pay City more than $ `5i 0 p ® gs—, 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 Kennedale with an itemized quarterly bill Kennedale agrees to promptly pay such bills upon presentation by the City, such payments to be made from current revenues available to Kennedale, within thirty (30) days of receipt. In the event of the termination of this Agieement, City shall bill Kennedale for any outstanding balance, regardless of the amount, and Kennedale agrees to promptly pay such bill, within thirty (30) days of receipt. D. Pursuant to the requiiements 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 Kennedale in fiscal year October 2013 through September 2014. Interlocal Agreement with Kennedale for Rabies Control for 2013-2014 Page 5 of 9 10. LIABILITIES A. To the extent permitted by law, Kennedale shall be responsible for all work -related deaths, injuries or diseases of Kennedale employees, and, for property damage, personal injury or death caused by Kennedale employees or volunteers 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. Kennedale shall be responsible for all property damages, personal injuries and death arising from the use of City and Kennedale equipment and vehicles caused by Kennedale employees or volunteers pursuant to this Agreement. Furthermore, Kennedale shall be responsible for the repair or replacement of all such equipment and vehicles damaged, destroyed, lost or stolen caused by Kennedale employees or volunteers during the provision of services hereunder. D. City shall be responsible for all property damages, personal injuries and death arising from the use of City equipment and vehicles caused by City employees or volunteers pursuant to this Agreement. City shall also 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 Kennedale 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 Kennedale or City while in the performance of this Agreement. This Agreement may not be construed to expand the liability of City or Kennedale 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 Kennedale, that City and Kennedale shall each have the right to terminate this Agreement upon thirty (30) days written notice to the other party. Interlocal Agreement with Kennedale for Rabies Control for 2013-2014 Page 6 of 9 13. 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. 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 Kennedale. 15 S hVERABILITY In case any one or 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 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. 16. AUTHORITY This Agreement is made for City and Kennedale 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 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. 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 inteifeiences; 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 peiuiitted 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 Agreement with Kennedale for Rabies Control for 2013-2014 Page 7 of 9 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 Kennedale 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 Agreement immediately. EXECUTED in triplicate this Tarrant County, Texas. CITY OF FORT WORTH harles W. Daniels Assi`sant City Manager APPROVED AS TO FORM Arthur N. Bashor Assistant City Attorney ATTEST: Mary J. Kayser City Secretary day of M `I V (�� CITY OF KENNEDALE I S: M�'1-YOIZ d, Qt OA) 1 y '" vlark APPROVED AS TO FORM City Attorney ATTEST: Aate F•44 Interlocal Agreement with Kennedale for Rabies Control for 2013-2014 OFFICIAL RECORD, ©17, Se89NARY T. WORTAI, TX "EXHIBIT A" SCHEDULE OF FEES TO BFi PAID BY KENNEDALE DAILY BOARD F1h,1-4, Kenneling (per dog, cat or other small animal) Quarantine (per animal) Quarantine fee (per animal) $15.00 per day $20 00 per day $100.00 HEAD PREPARATION AND SHIPMENT Per Animal Head $100.00 EUTHANIZATION AND DISPOSAL Per animal $50.00 ADMINISTRATION FEE (per impoundment) $50.00 Interlocal Agreement with Kennedale for Rabies Control for 2013-2014 Page 9 of 9 M&C Review I 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 WORTII 23RABIES CONTROL **C-26547 LOG NAME- VARIOUS MUNICIPALITIES F/Y 2014 CODEC 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.asp?ID=19097&councildate-11/5/2013 3/6/2014 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 Citv 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.asp7ID=19097&councildate=11/5/2013 3/6/2014