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HomeMy WebLinkAboutContract 44601 (3)STATE OF TEXAS COUNTY OF TARRANT . . � - - �'�' .i '� � r ��,.��. �:K� �i� - � - INTERLOCAL AGREEMENT FOR RABIES CONTROL THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a home-rule inunicipal corporation situated in Tar�rant, Denton, Parker, and Wise Counties, Texas, acting by and through its duly authoi-ized Assistant City Manager (hereinafter referred to as "City"), and the City of Blue Mound, Texas, a Type A general law municipal corporation located in Tarrant County, Texas, acting by and tlirough its duly authorized ���,� (hereinafter refei-red to as "Blue Mound"). WITNESSETH: WHEREAS, Chapter 791 of the Texas Govermnent Code authorizes the for7nulation of interlocal cooperation agreeinents between and among rnunicipalities and counties for the performance of govertunental 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 "AcY'), requires governing bodies of each inunicipality to designate a local rabies control authority to enforce the Act and ininiinum 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 agreeinents with public entities to cai-�y 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 liinited rabies control in the City of Blue Mound; and WHEREAS, Blue Mound and City inutually desire to be subject to the provisions of Chapter 791 of the Texas Goverrunent 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 Agreeinent 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 seivices, and further that City agrees to provide for the impoundment and quarantine facilities for animals iinpounded and quarantined under this Agreement for the benefit of� P T.�.����.�----� � �= �= + � �: i, �9ii( SE�G�G����r Interlocal Agreement witl� Blue Mound for Rabies Conh�ol for 2012-2013 f� : �,����Tr;;_""''' :� RECEIVED JUN � � 2t71� 2. DEFINITIONS For the puiposes of this Agreement, the following definitions shall apply: ACT shall inean the Rabies Control Act of 1981, codified as Chapter 826 of the Texas Health and Safety Code. ANIMAL shall mean any living, vei-tebrate creature, domestic or wild, other than homo sapiens. ANIMAL CARE AND CONTROL CENTER shall meau the facility located at 4900 Martin Street, Fort Worth, Texas, which is operated by the City for the puipose of ilnpounding and caring for animals as prescribed by law. BITE shall inean a bite or scratch capable of transmitting rabies, which is inflicted by an animal on a human. CAT shall mean a coinmonly 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 inean 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 aniinal 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. 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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 Office to calls for assistance by the City when perfonning services under this Agreement. C. Blue Mound agrees that it will pursue, at its discretion, the issuance and execution of wan•ants or other court orders necessary for the seizure of aniinals requiring quarantine or testing under Paragraph 4(C) of this Agreement, whose owneis have failed or refused to place thein for quarantine or testing. Blue Mound further agY•ees that City is not required to pursue the issuance and execution of such wai-�ants. 6. IMPOUNDMENT AND DISPOSITION OF ANIMALS A. A live, stray animal iinpounded by the City under this Agreeinent shall be held for a period of not less than 72 hours unless released earlier to its owner. Prior to April 1, 2013 a quarantined animal shall be held or presented for testing according to the Act and the Rules. After April 1, 2013 the city will only provide the rabies response listed in paragraph 4C(2). B. Prior to the expiration of the iinpoundment period, the City inay destroy an iinpounded anilnal 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. Iinpounded animals will be released to their owners upon: (1) Proof of identification; (2) Receipt or other proof of payment to Blue Mound of kenneling, quarantine or other fees required by Blue Mound; (3) Purchase of a City license tag if the animal is a dog or cat and the owner resides within the City; (4) Arranging for a rabies vaccination for the animal if it is a dog or a cat and its vaccination is not current and the owner resides within the City. D. The ownership of impounded aniinals 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 for adoption, transferred to other animal welfare agencies or euthanized, at the discretion of the City. E. All quarantined animals froin Blue Mound not reclaimed by their owner will euthanized and Blue Mound will be billed for the cost of quarantine, euthanization, disposal. Interlocal Agreement with Blue Mound for Rabies Control for 2012-2013 Page 4 of 10 � . �l F. Blue Mound will be billed for boarding of all iinpounded animals delivered by Blue Mound for the number of days held dui-ing the impoundinent period and/or for the number of days held up to the date reclaimed by the owner. A$100.00 quarantine fee will be charged on all animals placed into quarantine, and a$50.00 adininistrative fee will be charged on all aniinal impoundments. The number of days, for billing purposes, will begin on the day that the animal is impounded. 7. EXCLUSIONS A. Nothing in this Agreement shall be deemed as designating the City or an officer or einployee of the City as the "local health authority" or "local rabies control authoi-ity" 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 deeined 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. City shall not patrol for or impound strav 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 Safetv Code that require animals to be restrained at all times. 8. RESPONSIBILITY FOR EMPLOYEES City employees who provide services under this Agreement are deeined 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, uneinployment taxes, workers' compensation insurance, vacations, holidays, and fringe benefits for such employees and for all uniforms, vehicles, and equipment (except as provided in Paragraph 5(D) of this Agreement) used by such employees for providing seivices under this Agreement. Blue Mound shall have no direct supervisory authority over such employees except in emergency situations where the exercise of supeivision by Blue Mound becomes necessary. Regarding 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. Interloca) Agreement �a�ith Blue Mound for Rabies Control for 2012-2013 Page 5 of ] 0 � 9. COMPENSATION A. As fair compensation for the services rendered by City to Blue Mound fi•om October 1, 2012 through Septeinber 30, 2013, Blue Mound agrees to pay City for its seivices based on the schedule attached hereto as "Exhibit A", which is hereby incoiporated 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 tei-�n of this Agreeinent by giving Blue Mound 120 days notice. Blue Mound will not pay City more than $ total for services during the tei7n of this Agreeinent, and when such amount is reached, City will cease providing such services. City agrees to provide Blue Mound with an iteinized inonthly bill. Blue Mound agrees to proinptly pay such bills upon presentation by the City, such payinents to be inade fi•om cui-�-ent revenues available to Blue Mound. In the event of the tennination of tlus Agreement, City shall bill Blue Mound for any outstanding balance, regardless of the ainount, and Blue Mound agrees to proinptly pay such bill. B. Pursuant to the requirements of Section 791.011(d)(3) of the Texas Govermnent Code, the ainount due City under subparagraph A. above shall be paid fi-om revenues available to Blue Mound in fiscal year October 2012 tluough Septeinber 2013. 10. LIABILITIES A. To the extent pei-�nitted by law, Blue Mound shall be responsible for all work-related deaths, injuries or diseases of Blue Mound employees, and for property dainage, 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 propei-ty damage, personal injury or death caused by City employees or volunteers relating to wark 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. Furtherinore, Blue Mound shall be responsible for the repair or replacement of all such equipment and vehicles dainaged, destroyed, lost or stolen by Blue Mound employees or volunteers during the provision of seivices 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 einployees or volunteers pursuant to this Agreement. Fui-thei7nore, City shall be responsible for the repair or replacement of all such equipinent and vehicles damaged, destroyed, lost or stolen caused by City einployees or volunteers during the provision of services hereunder. Interlocal Agreement ���ith Blue Mound foi• Rabies Control for 2012-20] 3 Page 6 of 10 11. IMMUNITY & THIRD PARTIES A. Blue Mound expressly waives its right to assert immunity fioin suit for a claim foi7ning the basis of a suit between the City and Blue Mound alleging a breach of this Agreement. Blue Mound does this as consideration for the City's offer to enter into this Contract with Blue Mound. No third paz-ty may use this waiver in any way and no waiver of ilmnunity in favor of a third party is intended by this Agreement. B. Nothing in this Agreement shall be construed to benefit any third party other than an employee or officer of Blue Mound or City while in the performance of this Agreement. This Agreeinent 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 right to terminate this Agreement upon thirty (30) days written notice to the other party. 13. ENTIRETY This Agreement contains all comznitments and agreements of the parties hereto, and no other oral or written commihnents 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. 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. Interlocal Agreement ���ith Blue Mound for Rabies Control for 2012-2013 Page 7 of 10 16. AUTHORITY This Agreement is made for City and Blue Mound as an Interlocal Agreeinent 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 coinmotion; acts of God; inclement weather; gover�unental restrictions, regulations, or interferences; fires; sti-ikes; 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 silnilar to any of those enuinerated or not, the party so obligated or pennitted shall be excused from doing or perfonning 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. 19. FISCAL FUNDING LIMITATION If for any reason, at any time during any tenn 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 �a�ith Blue Mound for Rabies Control for 2012-2013 Page 8 of 10 r EXECUTED in triplicate this ,� � Sf day of �%�ty , 20�.3, in Tai7•ant County, Texas. CITY OF FORT WORTH CITY OF BLUE MOUND �L� - i ' I11J. APPROVED AS TO FORM G��� �l Arthur N. Bashor Assistant City Attorney M&C ATTEST: � ! __ aiy J. Kay City Secret� � f p~ �o °c > ° �A � . ,' . r. -' � ": • � � • •' .- City Attorney ����� ' o'� 4y� �F � I' '� �� � � Contr�aci: Authc��� aatio�► �,� �, '�} ' In�l�i�''al Ag•ee�nent with Blue Mound foi• Rabies Conh•ol for 2012-2013 � � - � �` '� �`'� �',,1�i; "v Assistant City Manager ��ExHIBIT a�� SCHEDULE OF FEES PAID BY COUNTY DAILY BOARD FEE Keimeling (per dog, cat or other sznall animal) Quarantine (per anilnal) Quarantine fee (per animal) SERVICE CALLS AND RABIES RESPONSE (Excluding head preparatiou and shipment) Per Request HEAD PREPARATION AND SHIPMENT Per Animal Head EDUCATIONAL SERVICES Per Staff Hourly Charge EUTHANIZATION AND DISPOSAL Per animal $15.00 per day $20.00 per day $100.00 E• 11 � �� 11 11 $70.00 $ 50.00 AFTER-HOURS WEEKEND AND EMERGENCY ANIMAL CONTROL RESPONSE Per Request $100.00 ADMINISTRATIVE FEE (per impoundment) Interlocal Ag�eement «�ith Blue Mound for Rabies Conh•ol for 2012-2013 $50.00 Page ] 0 of ] 0 M&C Review Page 1 of 2 C7fFicial sitE� af the City of Fqr� 4'larth, Texas , �t��T ����`�tl .�� ����._��,�n x ���;��,,�_��.ti�-� .�ti�,�;� .��_��:_���,s�., �,_� wy. �.a_.���_����� x.�.rr„ rv�.r��,���� �;�_ _�.__z�.� � .m.3��:,�� COUNCIL ACTION: Approved on 4/23/2013 �: � .��.:r�: ���������. � ,�- . �.�,��,�;�� �� �.���-,_ .��W� ���. �.-v-:. ��x.::�. ���, ,-, r W��.�����-��.�.:. �.�.�� REFERENCE ** 23RABIES CONTROL DATE: 4/23/2013 NO : C-26212 LOG NAME: VARIOUS MUNICIPALITIES F/Y 2013 CODE: C TYPE: PUBLIC CONSENT HEARING: NO 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 Shipment During Fiscal Year 2013 (ALL COUNCIL DISTRICTS) � ��:��:� ��.� ��--� ___ x� �a���� �����.� ,_ ������.�.��� w �:�::,����. y�:.��-������:�����.�, � W. 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 shipment from October 1, 2012 through September 30, 2013. 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 2013 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 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. Due to the increasing costs of providing Animal Care and Control services to other jurisdictions, there are fee increases and new fees associated with each contract renewal. The revised fee schedule for Fiscal Year 2013 is as follows: 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 F/Y 2012 Fee N/A $ 15.00 $ 15.00 $ 20.00 N/A $ 87.00 $ 100.00 N/A $ 100.00 F/Y 2013 Fee $ 50.00 $ 15.00 $ 50.00 $ 20.00 $ 100.00 $ 87.00 $ 100.00 $ 25.00 $ 100.00 http://apps.cfwnet.org/council�ackedmc review.asp?ID=17913&councildate=4/23/2013 6/28/2013 M&C Review Page 2 of 2 Educational Presentations $ 70.00/hour $ 70.00/hour NOTE: Due to limited space at the City animal shelter, quarantine services will no longer be offered after April 1, 2013. All contracting agencies were informed of this provision prior to October 2012. It is anticipated that the revised fee schedule will result in an additional $55,650.00 in associated revenues in Fiscal Year 2013 compared with Fiscal Year 2012. 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 Submitted for City Manager's Office by_ Originatinq Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers Charles Daniels (6199) Brandon Bennett (6345) Michael Camp (7020) Scott Hanlan (7204) http://apps.cfwnet.org/council�acket/mc review.asp?ID=17913&councildate=4/23/2013 6/28/2013