HomeMy WebLinkAboutContract 44438 CiTy SECRETARY,
CONTRACT NO,
STATE of TEXAS
§ KNOW ALL BY THESE PRESENTS
COUNTY of N
INTERLOCAL AGREEMENT FOR RABIES CONTROL
THIS AGREEMENT' is made and entered into by and between the City of Fob Worth,
home-rule municipal corporation situated t, Denton, Parker, and Wise Counties,ties Texas
acting by and through h its duly authorized Assistant City Manager hereinafter referred to as
"City"),, and the City of Forest Hill a home-rule mum"'cl al corporation located in Tarrant County,11
Texas, .ctln b and. through its duly authorize (hereinafter A,
.004 TM.
referred to as "Forest Hill"'). I M
W]UREAS, Chapter 791 of the Texas Government e: t C o .e authorizes the formulation of
inferlocal cooperation agreements between, and among municipalities and counties for the
performance of govern er ta.l functlor s are
AS, Chapter 826 of the Texas Health and Safety Coe, 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,* anu
WHEREAS, Section 2 �.o l 6 of said Act authorizes, a municipality to eater into
agreements,with public entities to carry out activities required or authorized under the Act and
WHEREAS, Forest Hill wishes to articipate in an lnterleeal agreement with City for the
ptupose of lu'Dited rabies control in the City of Forest Hill; and
"xEREA IQ Forest Hill end City mutually desire to he sub;ect to the provisions of
Chapter,791 of the Texas Government Code,also known the Interlocal Cooperation Act.
NOW, THEREFORE, it is agree.as follows:
1.
PURPOSE
The purpose of thi s Ir terloeal greement s to enter into an agreement between the clues
of Fort Worth. (hereinafter "City") and Forest Hill whereby, subject to the tenns and conditions
hereinafter set forth and for the consideration specit ed below, the City agrees to provide Forest
Hill with lin-lited rabies control services in the Forest Hill, and the City agrees to provide
impoundment guar t4 e facilities for a ��
' als, pursuant to this Agreement for the benefit of
Forest Hill.
OFFICIAL RECORD '
XY
CITY SECRETARY
Interlocal Agreement with Forest Hill for Rabies Control for 2012-2013 Page I of
� a.
2.
DEFINITIONS
For the purposes of this Agreement, the followm* g definitions shall apply:
ACT shall mean the Rabies Control Act of 1,981, 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 facRity located at 4900
Martin Street, Fort Worth, Texas, which is operated by the City for the purpose of
V
impounding and car ig 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
tiger, bobcat,Jaguar, panther, leopard, cougar, or other prohibited,animal.
than a lion, ii
DANGEROUS DOG shall mean a dog that makes an unprovoked attack on a person or
other animal that causes bodily injury and occurs M' a place other than an enclosure irl which
the dog- is being kept a.-Lid 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 M 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 is 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 se q,.
STRAY shall mean roaming with no physical restraint beyond the premises of an
a
animal's owner or keeper.
Interlocal Agreement with Forest Hill for Rabies Control for 2012-2013 Page 2 of 9
..........
3.
TERM
4
The term of this Agreement is for a period of one (1) year conu Cenci g, on October 1,
2012 and ending on September 30, 2013. Some services within this agreement will terminate on
March 31, 2013 as noted here*in.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services annotated in Subsection B below, for Forest Hill
between the hours of 9.-00 a.m. and 5:00 p.m. only, Tuesday thru Saturday, excluding
* I Is
holidays, with no after hours service p�rov ic-tea.
B. Rabies lie W,onse
In -the manner and to the extent that it deems appropriate and "in accordance with the
Rules and the Act, City will..
41
(1) From October 1, 20,12 through March 311, 2011.3, place animals delivered to
it in rabies quarantme.-
(2) From October 1, 2012 through September 30, 2013, eidthani4ze, process
and ship for rabies testing anin%.als which are presented by Forest.Hill to the City
C. IMpoundment of Animals
City will board animals delivered to the City's Animal Care and Control Center by Forest
Hill officials.
51.
DUT OREIZTq
EES OF F ILL
A. Forest Hill agrees that it will retain all responsibility for enforcement of all aspects of the
Act not covered in Section 4 of this Agreement, clod inn criminal enforcement.
B. Forest Hill 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 quarantm- e or
testiong under Section 4 of this Agreement, whose owners have failed or refused to place
P I required them for quarantine or testing. Foll_.rest Hill further agrees that. City is not requ* ed to
pursue the issuance and execution of such warrants.
6.
IMPOUNDMENT, QUARANTINE 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. Until March 31
Inter local Agreement with Forest Hill for Rabies Control for 2012-2013 Page 3 of 9
2013 a quarantined animal shall be held or presented for testing according to the Act and
the Rules. Forest Hill shall notify City in writing whether Forest Hill does or does not
desire that the bite am* be prepared and shipped for testing. Forest Hill shall provide
in *t* g to the C*ty the date of the b*te *nc*dent and the a * 10
wn m 1 nimars date of release from
quarantine., After April 1, 20�13 the city Will only provide the rabies response listed in
paragraph 4(B)(2).
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 veterinari an recommends and approves such action.
C. Impounded and/or quarantied animals will be released to their owners upon:
(1) Proof of*Identification"
(2�) Receipt or other proof of payment to Forest Hill 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 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 olf'the impoundment period reverts to the City, and the animals, may be placed
for adoption or euthanized,, at the sole discretion of-the City.
E. All quarantined animals from Forest Hill not reclaimed by their owner w'11 be iauth *zed,
N.'r A_X 1 14.� ani
and Forest Hill will be billed for the cost of quarantine,, euthani*zation and disposal as
applicable.
7.
EXCLUSIONS
-A. Nother g in th.;s Agreement all be deemiled as designating the City or an officer' or
-di so ?It*0 1 -1 0 1 1 f
f (Aty as, the ty o iocai rabies control nty 0 f
empioyee o the " 'Iocai nealth authon' r " auth o "
the City of Forest Hill as those terms are defined or used in Title 10 of the Texas, Health
and Safety Code.
B.
Not in this Agreement shall be deemed as requ*Wig the City to investigate reports of
dangerous dogs, to register dangerous dogs, or otherwise regulate dangerous dogs in the
City of Forest Hill under the authority of Chapter 822 Subehapter D of the Texas Health
and !q_I.afety Code.
C. Not 'in this Agreement shall be deemed as requlring the City to quarantine or present
for testing domestic aD]*LMal.s, that have been bitten by or directly exposed by physical
contact to a rabid animal or its fresh tissues.
Interlocal Agreement with Forest Hill for Rabies Control for 2012-2013 Page 4 of 9
D. City s U not ILM ound stray antmals if Forest Hill fails to enact and maintain rules
or ordinances u t to Sections 826.015 and 826.033 of the Texas Health and
Safe Code that re moire anhnals to be restrained at all times'.
8.
RESPONSIBILIrl"Y FOR EMPLOYEES
City employees, who provide services, under this Agreement are deemed to be City
employees when providing such services. City Will exercise complete control over the hiring,
training, supervision, and conduct of such employees. City will be responsible for all wages and
applicable payroll deductions,, unemployment taxes, workers' compensation, *insurance,
vacations, holidays, and fi-inge benefits for such employees and for all uniforms, vehicles, and
equipment used by such employees for providing services under this Agreement. Forest Hill
shall have no direct supervisory authority over such employees except m" emergency situations
where the exercise of supervision by Forest Hill becomes necessary for the resolution of the
emergency.
9.
CONSIDERATION
A. As fair compensation for the services rendered by City to Forest Hill from October 1, 2 12
through September 30, 2013, Forest Hill agrees to pay City for its services based on the
schedule attach to as Attaclu"nent A, as pert* is hereby incorporated aattached d A
part of this Agreement as if it were set forth at length. City may adjust any fee listed in
Attachment A during the to of this, Agreement by giving Forest Hill 120 days written
notice.
B. Thenumber of boarding days, for billing purposes, will begin on the day that the anm`ial 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 adnu*nistrative
fee will be charged on all an-imal 'impoundments. Euthanasia and disposal fees and head and
I,; a*-%+*%*- I p"+ A
S.LIAPM%.j,IILI Ineparation fees sil-lall as 'UpA `v% IjW
crjLve%4 ,,,jL,Attac JL%.IIfL Z-"I*
1,
C. Forest Hill will not pay City more than $ 11 total, for services rendered
during -the term of this Agreement. This an ount 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 Forest Hill with an itemized
quarterly bill. Forest Hill agrees to promptly pay such bills, upon presentation by the City,
such payments to be made from current revenues available to Forest Hill, within thirty (30)
days of receipt. In the event of the termination of-this Agreement, City shall bill Forest Hill
for any outstandi g balance, regardless of the amount, and Forest Hill agrees to promptly pay
.& int;�
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 fro m. revenues available to
Forest Hill in fiscal year October 2012 through September 2013.
Interlocal Agreement with Forest Hill for Rabies Control for 2012-2013 Page 5 of 9
10.
LIABILITIES
A. To the extent permitted by law, Forest Hill shall be responsible for all work-related
injuries 4 0
deaths i� injuries or diseases of Forest Hill employees, and for property damage, personal
injury injury or death caused by Forest Hill employees or volunteers relating to work provided
pursuantto this Agreement.
B. To the extent permitted b'y law, City shall be responsible for all wk or -related deaths,
injuries or diseases of City employees, and, for property damage,,,personal injury or death
caused by City's own employees or volunteers relating to work provided pursuant to this
Agreement.
C. Forest Hill shall be responsible for all property damages, personal injuries and death
arising from the use of City and Forest Hill equipment and vehicles caused by Forest Hill
employees or volunteers pursuant to this Agreement. Furtherniore, Forest Hill shall be
responsible for the repair or replacement of all such equipment and vehicles damaged,
destroyed, lost or stolen caused by Forest Hill employees or volunteers during the
provision of services hereunder.
D. City shall be responsible for all property damages, personal i. juries and death an*si*ng
from the use of City equipment and vehicles caused by City employees or volunteers
purs-aant to this Agreercierit. k'-..l*,4L-y sha'11 also be responsible -Oor the repair or, repiacement
of all such equipment and vehicles Aamaged, 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 Forest 1"A.*111 waives, nor shall be deemed hereby to waive, any immunity or
defense that would otherwise be avai I tabie to it agam' st clainis arisn"igr in the exercise oi
governmental powers and functions.
B. Not in this Agreement shall be construed to benefit any third party other than an
employee or officer of Forest Hill or City while 'in the performance of this Agreement.
This Agreement may not be construed to expand the liability of City or Forest Hill
beyond the scope of Chapter 101 of the Texas Civil Practice and Remedies Code, unless
p 'f s
eci ically stated here'
12.
TERMINATION
It is further agreed by and between City and Forest Hill, that City and Forest, Hill shall
each have the right to ter: ate this Agreement upon thifty (30) days' written notice to the other
party.
Inter lo�cal Agreement with Forest Hi It for Rabies Control for 2012-2013 Page 6 of 9
ENTIRETY
This Agreement contains all commitments and agreements of the parties hereto, and no
6 $1
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 Forest Hill.
15.
SEVERABILITY
In case any one or more of the provisions sions, contained in t"r'd*s 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 ether provision thereof and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provisions had never been contained
here M* .
16.
AUTHORITY
'rIhis Agree MCO-Int 'is made for City and Forest Hill as a erlocal Agreement purs=nt 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 a nth Ority to c.,NVecute this Agreement on behalf of the parties
t .00 11
hereto, and each, party hereby certifiles to the other that any necessary reso-ititions extenaing such
authority have,been duly passed and are now in full force wed effect.
11
,1118.
FORCE MAJEURE
it is, expressly understood and agreed by the parties to 'this Agreement that if` the
1,1
pe-,rforman. ce of any obligations hereunder is delayed by reason of war; c*v.*l commofion; acts of
y
Gods inclement weather- governmental restricti*ons,, regulations, or interferences- fires- strikes;
lockouts,, national disasters- riots- material or lat)or restrictions,,* transportation pro em&- 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 slar to, any of those enumerated or not, the party so obligated or pemu*tted
shall be excused from doing or perforn-iing-the same during such period of delay, so that the time
Interlocal Agreement with F'ores,t Hill for Rabies Control for 2012-2013 Page 7 of 9
period applicable to such design or construction requirement shall be extended Bor a period of
time equal to the period such party was delayed.
],9'.
FISCAL FUNDING LIMITATION
If for any reason, at any time duffing any to 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 tee i- .ate this Agreement to be effective on -the later of'(I*) thirty (30)
days following delivery to Forest Hill of written notice of the City's intention to temiiate or (11)
the last date for which funding has,been appropriated by the City Council for the purposes set forth
in the Agreement.
20.
HOMELAND SECURiTY
If the Unite d States Department of Homeland Security issues a Level Orange or Level
CvtY5 * *ts sole d*scretion, may temu*nate the Lease -mmediately.
Red Alert,, 1 in 1 1
EXECUTED 'in triplicate this rl/f day of 20 in
Tarrant County, Texas.
CITY OF FOR T WORTIH CITY OF FOREST HILL
4• uuwowwam.
.....................
......... ............
A s BY-
har s W. DanI
Assistant City Manager ITS:
APPROVED AS TO FORM APPR D ASM FORM,
M
1Z AS
10000
Arthur N.Bash or
Assistant City Attorney 11@2,�ity Attorney
ATTEST
0
A
V-:� City ecrVm�
City Se retary
M&C ........
rOFFICIAL RECORD
!T
P
P
CITY SECRETARY
Interlocal Agreement with Forest Hill for Rabies Control for 20112-2013 Pag-k 8 o FTs WORTH
A
ATTACHMENT A
SCHEDULE, OF FEES TO,BE PAID, BY FORESIHILL
DAILY BOARD FEE
Ken el,M* g (per dog, cat or other small animal) $15.00 per day.
Quarantine (per,anM*' 'Ial) $20.00 per day
Quay antine fee (per ariimal) $100.001
HEAD PREPARATION AND SHIPMENT
Per Anfinal Head $100-00
EurfLNNIZATION AND DISPOSAL
Per animal $50.00
Admini'strative Fee (per impoundment), $50.00
Interlocal Agreement with Forest Hill for Rabies Control for 2012-2013 Page 91 of 9
05/15/2013 1,1:19 8175613741 FORT WORTH ACC PAGE 02/13
City of Fort Worth, Texas
APW& AP%k
® a
Mayor and t;ounciol uo unication
COUNCIL ACTION Approved on 4123/1013
IN
f"M
DATE.# Tuesday, April 23, REFERENCE NO.Op **c-26212
LOG NAME: 23RABIES CONTROL VARIOUS MUNICIPALITIES FN 2013
suej A
gpl.
Authorize Execution of Interlocal Agreements with Tarrant Counly, and Various Murldpalibes for tlm.�
Purpose of Providing Animal and Rables Control Services and Rabies Specimen Shipment During Fiscal
Year 2013(ALL COUNCIL DISTRICTS)
RECOM NOATION"
It is recommended that the City Council aLitho ize the em.,.1cution of Interlocall Agreements with Tarrant
County and various municipalitties within the county fcr the purpose of providing,limited animal anal rabies
control and rabies specimen shipment from October 1, 2012 thn)ugh,Se termer 30, 2013.
SC S 4;
The Code Compliance Department,Animal Care and Control 0tvision, has historically assisted Tarrant,
County and venous 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. S associated with processing specimens"Include the kenneling of impounded antmals,
euthanization, disposal se and specimen shipping. Section 791.011 of the Texas G ►vern,ment Code
provides that a local government may contract with another local govemment to perfbr,m it govemmental
functions and services,"whi includes functions and services related to public health,and wefWs.. Under
this provision, the City of Fort Worth may enter into an Int girl ocal Agreement so that tie Animal Care and
Control DIVI,sion may provide animal control,, animal impoundment, boarding, quararwtine, authanization
and disposal seivices to a municipality.,
This Mayor and Council Communication will author`[Ze interlocal Agreements for Fiscal Year 2013 with the
following entitles: the City of Ben is contracting for specimen shipment sewices;the Cities,of Forest
Hiii, Kennedale, Edgecllff'Vill age, Pantego and Dalworthingtor,Gardens are contracOng for board'ing,'
quarantine, specimen ship n97 euthanization and disposal ivices;the City Of SlLe Mound and'T"arrant
roub."ne animal control, services by
County are contracting for the services listed above plus periodic
request. Municipalities desiring to contract for any of these services are required to execute a new
Agreement annually.
Due to the inemacing costs of providing Animal Care and Control services to other,jurisdictions,,there are
fee "increases and new fees associated W*th each contracl reney/a,I
The revised fee schedule for Fiscal Year 201$ Is as follows:
SER Fff-X012 F 2013 Fee
Administrative Fee Per Animal l Impoundment N/A $ 50,00
Daily Boarding Fee $ 115.010 $ 15.00
EuthanasIa/Disposal F e $ 15-00 It$ 50.0C
LognaTne: 23 ES CON-IROL VARIOUS NflJNICIPALITIES F/Y 2013 Page I of 2
05/15/2013 11*619 8175613741 FORT WORTH ACC PAGE 03/13
Quarantine B riling Fee* $20.00 $ 20.00
41
Administrafive Fee Per An,im,al Quarantine* N/A $ 100.00
Field Service Request $87,00 $ 37.01
Specimen Preparation and Shipment $ 100.00 $ 100.00
Administrative Fee Per Specimen Shipment N/A $25.00
Emergency Field Servilce, Request $ 1001.00 $ 100.00
Educational Presentations $70.00/hour 70.00/hour
'NOTE, Due to,111mited space at the City animal shelter,, quarantine services will no longer be offered after
April 1,, 201'3. All contractrig agencies were informed of his provision,pdor to Oct �r 2012.
It is anticipated that the revised fee schedule will resultin an additional$66,650.00 in associated revenues
In Fiscal Year 2013 compared with Fisical Year 2012-
E1.S-9AL-1NFQRMA][Q.N,../-C.ERTIFICAT No
I I I
Pie. Financial Management Swerv`ces "rector certifies that the Code Comphance Department,Animal
I # ble fo�r the collection and deposit of'funds due to the City,
Care and Control Division is responsil
FUN.P-gE
TO Fund/AgSguntfCon ra id/AccountMe n-te
CERTIFIgAJIONS,
gubm C& , Charles Daniels (6199)
1%ed..foL ManaaerOs Qffice4X&O
0 im, -I- Brandon Sennett (6345)
nainating 092anment H
Michael Ca,mp (7020)
A!ddj§onjjj,11&rmaflon Sc oft Ha la (7204,)
Contact
No,attachments found-
Logitame.-23RAJBIFS CONTROL VARTOUS MUNUCIPALITIES FN 2013
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