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(AA;kff Y SECRETARY
COW
STATE OF TEXAS §
COUNTY T AR T
INTERLOCAL AGREEMENT FOR RABIES CONTROL
THIS AG EME-4 is made and entered into by and between the City of fort "berth, a
home-rule ni r&lpal corporation situated In Tarrant, Denton, Parker, and Wise Counties, Texas,
acting by and through its duly authorized. Assistant City Manager* hereinatter, referred to as
"City"), and the Town. of Pantego, a Type A General Law mum*cipal corporation located in
Tarrant County, Terra, acting by and through its duly authorised Town Manager
(hereinafter referred,to as "Pantego").
WNESSET;
WHERE AS, Chapter 791 of t o Texas Goverimient Cede authorizes the formulation of
interlocal. cooperation agreements between and among i unic Path es and counties for the
performance ofg ve -ental functions- and
WIFIE AS, Chapter 826 of the I'ex , Health and Spey Code, also Imow as the
Rabies, Control Act of 1981 (hereinafter referred to as the "Act"' requires govermna bodies of
each municipality ity to designate a, local rabies control authority to enforce the Act and mim*nlu m
star arils for rabies control adopted by the Texas Department of State Halt Services, anti.
"
4 AS, Section 826.016 of said Act authorizes a municipality to enter into
agreements Frith public entities to carry out activities required or authorized under the Act and
WHE AS Parrtego wishes to participate in, an hiterlocal agreement with City for the
purpose of.limited rabies control in the City of P to o are
WP ,. E.AS, P ute,:,c md C. y muwally desire to he sr? eet to the provisions of Chapter
791 of the Texas Government Code,, also known as the Interlocal Cooperation pct.
NOW,, THERE , it is agreed as Boflows.-
1.
PURPOSE
The purpose of this Lnterloc l AgTecment is to enter into n,,,Tee nt between. the City
and Pantego, whereby, subject to the terms and conditions hereinafter set forth and for the
c sider,atzon specified. below, City a: .ees to provide Pauteg with limit di rabies, coutre.
services in the City of Pa tego, and City agrees to provide ii-ril . ent wid quarlantine facilities
for animals pursuant to this A"r:eemen.t fear the benefit.of P nteto.
OFFICIAL
nterlocal Agreement with t o for Rabies Control flor 2012-2013 Pi�rCCIfFY SECRETARY
� FTe WORTIH9 i
RECEIVED MAY I - 2111-1- -
DEFINITIONS
For the Purposes of this Agreement, the folio irig defirtl'tions shall apply:
ACT' shall mean the Rabies Control Act of 1981 1 codified as Chapter 826 of the Texas
Health and Safety Code.
ANIMAL shall memi w living, vertebrate creature, domestic or wild, other thaii 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 purpo!se of
impounding and caring for aru*nials as prescribed by law.
BITE shall mean a bite or scratch capable of transmitting rabies, which is inflicted by �.l
anfinal on a human.
CAT shall ,mean a comnioDly domesticated member of the Felidae (feline) family, other
than a lion, tiger, bobcat,Jaguar,panther, leopard, cougar, or other,proWbited ann''nal.
DANGEROUS DOG shall mean a dog that makes an unprovoked attack on u person or
other am'131al that causes bodily irl-jury and occurs in a place other tl an.an enclosuxe inw whi.ch
the dog is being kept and that was reasonably ceftain to prevent the do l
r
fom le vii.. Lh e
9 Z:)
enclosure on its own; or a dog that conunits tinprovoked acts M* a place other thwi, �an
enclosure in which the dog was behig kept and that was reasonably certain to prevent the
ill
dog ftorn leaviing the enclosure on, its own and those acts cau.)e a person to rea sonably
believe that the dog,wil.1 attack and cause boEy injury to that person.
DAY shall mean a calendar day or any past thereof.
DOG shall mean cis familiaris.
QUARANTINE shall mean tl-ie strict confinement of a biting animal, in accordance with
the Act mid the IZules.
RABIES shall mean an acute viral disease of man and animal affecting the central
ner-vous system and usually transmitted by an animal bite,
RULES shall mean the rules adopted by the Texas Department of State 14ealth Sel-vices
for rabies control and eradication under 25 T AC 169.21 et seq.
STRAY shall me oarrUng with no physical restraint beyond the premitses, of an
animals owner or keeper.
Interlocal Agreement with 1')antego for Rabies Control ib,r 2012-2013 Page 2 of 9
3.
TERM
The ern of is Agreement is for a period of one (1) year commencing on October I)
2012 and ending on September 30, 2013., Some services Within this agreement will terminate on
March 31, 2013.
4.
SERVICES BY CITY
A. Hours
City agrees to perforin the services annotated in Subsection, B below, for Pantego
between the hours of 9.-00 a.m. and 5:010 p.m. only, Tuesday t1iru Saturday, excluding
holidays, with no after hours service provided.
B. Rai les Res
In the mariner and to the extent that it deems appropriate and in accordance with the
Rules,mid the Act, City will:
(1) From October 1, 2012 throug,h March 3 1, 2013, place animals delivered to
it i*n rabies quarantine-,
0 0
(2) F .3 rom October 1, 2012 throagh SepLember t.), euthanize, process
and ship Bor rabies testing anii:nals which tire presented by Pt,,ttae,.,o to the City.
C. oundment of Animals
City will board animals delivered to the City's Animal Care and C011trol Center by
Pantego officials.
5.
T-IT r-rjF
'S OF4 Pk- '
L\TTr,G
A-11 U L
A Pantego agrees that it will retain all responsibility for enl'orcement of'all aspects of ffie
Act not covered Section 4 of this Agreement, including crirni i,al entbreement.
B. Pantego,agrees that it will pursue, at Its di,scretion,the issuance an d execution of warrants
or other court orders necessary for the, seizure of anM' 1als requinng quarantine or testing
wider Section 4 of this Agreement,whose owners have failed.or refused to place the for
quarant'llile or testing. Al"antego further agrc that Cl,ty is iiot. required to pursue the
issuance and execution of such warrants.
6.
IMPOUNDMENTI, J A- RANTINE, AND DISPOsi"rl'ON OFANLIMALS
A. A five,, stray animal impounded by the City under this Agreement shall be held foi- a
p il' l MMa r c h 3)1
e Dd of not less, th�an 72 hours unless released earlier to its owner. Undl
Jnterlocal Agreement with Pmte.90 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, Pantego, shall notify City in w6ting whether Pantego does or does not desire
that the bite animal be prepared and shipped for testing. Pazitego shall provide in
it*
wri Ing to the City the date of t bite incident and the ailmal's date of release f oi
I e r ii
quarantine. After April 1, 2013 the city will only provide the rabies respionse listed '111
paragraph
B. Prior to die expiration of the impowadment period, the City may destroy an impounded
are.nial 'if the Superintendent of the Animal Care and Control Division or the Aninial Care
and Control Center's veterinarian recoinmends and approves such action.
C. hiipounded and/or quarantined anirnals will be released toy their owners upon.-
(1) Proof of identification*,
(2); Receipt or other proof of payment to Pantego of kenneling fees-,
(3) Purchase of a City license tag if the allilial is a dog or cat and the owner resides
wit iii-the City',-,, and
(4) Arranging for rabies vaccination for the an l ifthe anima l is a don- or a cat and
its vaccination is not cui-rent and the animal's owner resides within the City.
11 It
Di. The ownership of impounctect animals that have not been released to their owners, on the
expiration of the impowidment period reverts, to the City, wid theanin-lals may be placed
for adoption or euthanized, at the sole discretion of the City.
E. All, quarantined aA-u*mals oni Pmritego not reclaimed by their owiaer will be euthsinized,
and Pantego will be billed for the cost of quaranti.ne, euthatiization and disopos'al as
applicable.
7.
EXCLUSIONS
A. Nlotluhng hn lfiis' AgTeement sball be &Ti-ned a�,; desiculatting the CA-y or an, of-Ecer or
0
employee of the City as the "local hea1thauthority" or "local rabies control authority" of
the City of Pa to as those to is are defined or used in"file 10 of the Texas Health and
Safety Code.,
B. Nothina in thiis Ageement shall be deemed as req,uj-n*ncv the City to M" Vestioate reports of
daiiaerous dugs, to register dangerous dous, or otherwise regulate dangerous do(-Ts III the
City of Pantego under the authority of Chai)tcr 822 Subehapter D. of the Tcxws Hcalth
and Safety Code.
C. Nothing in this Agreement sliall be deemed as requiring the it to quarm-itine or present
for testing domestic a=` la that have been bitten bly or directly exposed by physical
contact to a rabid animal or its ~esh tissues.
Interlocal Agreement with Plantego for Rabies Cotitrol for 2012-2013 Page 4 of'9
T-N 1:9
1J, GO shan not imp stnay a i
ound n*mals *I
f Pantego-fails to enact and maint,,31n rules, or
ordinances pursuant Sections 826.015 and 826-033 of Ole Texas Health and Safetv
._ to
Code that uire animals to be restrained at all times.
8f
RESPONSIBILITY FOR EMPLOYEES
City emp yces, who provide services under this Agreement are deemed to be City
I A
employees when providing such services. City wil-I exercise con1piete cointro:l over the hiring,,
training, supervision, and conduct of such employees. City will be responsible for all wages and
C>
applicable payroll deductions, unemployment taxes,, workers' compensation, insurance,
vacations, holidays, and fringe benefits for such, employees and for all Laiiforms, vehicles, and
equipment used by such employees for providina services under this Agreement. Pantego shall
have no direct supervisory authority over such employees except in emergency situations where
the exercise of supervision by Pantego becomes necessary for the resolution of the emergency.
9.
CONSIDERA'rION
A. As fair compensation for the services rendered by City to Pantego, from O�c,tober 1, 2012
through September 301, 2013, Pantego agrees to pay City for its services based on the
I # 's i
scliedule, attached hereto as Attachment A, as pertinent. Mum s hereby incorporated as a
part of this Arr I it-y may adjust any fee listed
in
,reement as if 't were set Borth at Jength. C"
Attaclunent A during the term of thiis Agreemerit by gi'ving Pay tego 120 days written
notice.
B. The number of boarding days, for biflinr.y puxposes, will berfin on the day that the animal is
4
impounded mid continue as long as the animal is held. In addition to boarding fees, a
quarantine fee will be charged on all aru*mal.s ptaced into quarantine, and an administrative
rn impoundments. Euthanasia and d'sposal fees and head and
fee will be charged on all am* al " I
QT-1
pm prepwration fees shall be as described in Atlacbme,tit A.
C, Pantecyo will not pay City more than $ $40010.00 In total for services rendered during
the term of this Agreement. This amount shall here` constitute a not to, exceed 1=`tation
placed upon t1bis, Agreement, and when such amount is reached, City will Cease Providing
such services. City agrees to provide the City of Pantego with an iternized q-uarterly bill.
Pantego agrees to promptly pay such bifis upon presentation by the City, such payments to
be made from current revenues available to Pantego, within thirty(30) days of receipt, In the
event of the termination of this Agreement, City shall bill Pantego for any outstanding
balance, regardless of the amount, and Pant ego agrees to,promptly poly such bill,w1ithin flu. *rty
(-')0)days of receipt.
D. Pursuant to the requirements of' Section 7'91.011(d)(3) of the Texas Govermnent Code, the
amount due City under subparagraph A. above sliall be paid from revenues available to
Px-itego in fiscal year Octobel-2012 through September,20,13.
Interlocal Agreement with Pante,g-o ibr Rabie�Control for 2012-2013 1`1(app 5 oaf"9
10.
LIABILITIES
A. To the extent permitted by law,, Pantego shall be rest�onsible for all work-relcated deaths,
0 p
injuries or diseases of Pantego employees, and, for property damage, personal injury or
death caused by Pantego 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,
injun*es. or diseases of City employees, wid, for property d,,unage,personal injury or death
caused by City employees or volunteers relating to work provided pursuant to this
Agreement.
C. Pantego shall be responsible for all property dai-nages, personal 'injuries and death
ansi,ng
from the use of City and Pantego equipment and vel-&les caused by Pantego employees
or volunteers pursuant to this Agreement. Furthermore, Pantego shall be responsible for
the repair or replacement of all such equipment and -vehicles damaged, destroyed, lost or
stolen caused by Pwitego employees or volunteers du ing the provision of services
here ander.
D. City shall be responsible for all property damages, person id injuries and death arising
from the use of City equipment and velucles caused by City employees or volunteers
pursuant to this Ageement. Cit 1-Y shall czdso be responsibl repair e for the repa or rkq)lacement
of all such equlprn.ent and vehicles damaged, destroyed, lost- or stolen caused by City
en-iployees, or voluriteers during the provision of services hereunder.
I J.,
IMMUNITY&T'J.".111RD PARTIES
A. It is expressly understood and agreed that, M" the execution of this A' greement, neither
('_',ity nor Ilw-ltego waives nor shall ' e deciried hereby to arly Ltrlmurllty or definse
that would othenvise be available to it against claims an'sing in the exercise of
governmental powers and functions.
B. Nothing in tl�s, Agreement shall be constnied to benefit any third ply other than an
employee or officer of Pantego or City while in the performtwee, of this Agreement. 'This
Agreement may not be construed to expand the liability of City or Pantego beyond the
scope of Chapter 101 of the Texas Civil Practice and Remedies Code, unless specificatly
stated*Led h ere'11
12.
TERMNATION
It is fw-ther agreed by and. between City -ctnd Pantego, that City and Pantego shall each
have the right to term im" ate this Agreement upon thirty (3 days written notice to the other
party.
I nterl,oca]Agroement with Pantego for Rabies Control flor 20 12-2013 N%e 6 cif"9
13.
ENTIRETY
Thi s Agreement contains all conunitinents and agreements of the parties hereto, and no
other oral or written commitments shall have any force or effect "if not contained hereill.
14.
MODIFICATION
This Agreement may be modified by the mutual agreement of the pm-ties, if 'the
modification is in wnting,and signed by City and Pantego.,
15.
SEVERABILITT
In case any one or more of the provisions contained in this Agreement shall for any
-if in any respect, such invalidity, illegality, or
reason be held to be invalid illegal, or unei orceable ' 0 -
unenforce-ability shall not affect any other provision thereof and tbis, Agreement shall be
construed as If such invalid, illegal,, or unenforceable prev is*ons had never been contained
here .
16,
AUTHORITY
This Agreement is made for City and Paritego pursuant to Chapter 791 of' the Texas
Govermnent Code.
17.
AUTHORIZATION
L he undersigned officer and/or agents of the I-aafties hereto are properly authorized
o f"Ifli cials 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.
4
FORCE,' ,MAJELRZJ_."'
It is ex ressly widerstOod and agreed by the pa rue's to th is Ag. .,111 I L that, if the
performance of any obligations hereunder is delayed by reason of war-, civil commotion; acts of
God; inclement weather; govem.mental restrictions, regulations, or interferences; fires; strikes;
national disasters* riots* maten'al or labor restri'etions- transportation problems- or, anly,
lockouts, I IV
other circumstances which aze reasonably beyond the control of the party obligated or permitted
under the to of this Agreerrient to do or perform the sm-ne, regardless of whether any such
circumstance is su*llilar to any of those enumerated or not, the party so obligated or permitted
shall be excused from doing or perfo='ng the same during such period ofdehay, so that the timet
t>
ffiterloc,al Apjecment wifli PlIntego for Rabies Control for 2012,-2013 Par,,u 7 ol,79
per,iod applicable to SLIch design or construction requirement shall 'be extended for a period, of
time equal to the period sLicb party was delayed.
19.
FISCAL Ft.JNDTNG LIMITATION
If for -cuiy reason, at any time duru-ig any tem'i of this Agreement, t1le Fort Worth City
Council -fails to appropriate fwids sufficient for the City to fulfill Its oblicyations under this
Agreement the City may ter i-nu*i ate, tlii.s Agreement to be effective on the later of (1*) thirty (30)
days IbIlow"Ing delivery to tego of wn'tten notice of the City's 'Intention to terminate or (ii) the
last date for whit wiling has been appropriated by the City Councl.l. for the purposes set forth I*II
th-is Agreement.
20,
HOMELAND SECURITY
If the United States Depcvtrnent of Homeland Security issues a Level Ors e, or Level
Red Alert, City, in its sole,discretion,may terminate the Agreement h-nmedi ate ly.
EXE,-C'LJTED in triplicate this 25 day of February , 2013, in
Tarrant County, Texas.
4
C171 Y OF I"ORT WORTH CITY OF P.ANI-EGO
�P r64
es;W. Dam"el
's
AssisUmt City Manager
APPROVE,M AS TO FORM A-1-INLOVED AS4`0
Assistant City Attorney G-y Attu
y
M&C
ATTEST: ATTEST'.-
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ORw.
elm Secre-
�T&ry
cit icy to 1\
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OFFICIAL RECORD
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toteoca l gem I Areent 4CAVibr 20 12 2 F 8 I
QCj /I djfY SECRETARY
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4 OT Wo
FTa WORTK5 TX
FIEXHIBIT All
SCHEDULE OF FEES T01 BE PAID BY PANTEGO
DAILY BOARD FEE
der ieligag (per dog,, cat or other smallmimal) $15.00 per day
Quarantine(per ar�rnal) $20.00 per day
Quay antine fee (per aims) $100.00
HEAD PREPARATION AND SHIPMENT
Per Aru*mal Head $100-00
EUTI-LANIZATION" AND DISPOSAL
Per animal $50.00
A-
ST FIVE FEE(per,irnpo'unc.nent) $50-00
Interlocal Ag reef n.ent with flantego fbr Rabies Control I 2012-2013 Page 9 of 9
..............
11',3.9 817'56137'41 FORT WORTH ACC PAGE 04/*13
City ofFort Worth, Texas
Mayor and Council Coo n
i
ion
COUNCIL ACTIOW, Approved 6n, 41213112011 1 3
T77 tV WM
V11
**C-26212
DATE-W Tuesday, April 2,31,, 2 EFERENCE NO
LOG NAME-. 23RD ES CONTROL VARIOUS MUNICIF)ALITIES F/Y 20113
$41D
Authorize Execulion of Interiocal Agreement's with Tarrant County and Various Municipalities for the
Purpose of Providing Animal an Rables Control Services and Rabies Specimen,Shipment During Fiscal
Year 2013 (ALL COUNCIL DISTRICTS)
0KI
REC 1,
Q,MMr;N[)AT ,W
It Is recornmendedthat the City Council authon"ze-the exacution of Interlocal Agreerrto,%,nts with Tarrant
11
County and various municipalities within the county for the purpose of provid'n,g, limited animal and rabl"es,
control and rabies specimen shipmeit from 0 1, 2012 Virough September 30, 2013.
The Code Compliance Department.,Animal Care and Control D-`vlston, has historically assisted TaiTant
County and vahous, municipalities within the cour.1ty by providinig limited animal cordrol seriices and
processing and shipping of specimens to the BureauofLaboratones,in Austin for testing related to rabies
control. Services associated,with processing specimens Include the kenneling of impounded animalst
euthanization, disposal services and specimen shipping. Section 791.011 of the Texas Go t cooe
Provides ftt a local government may contract with another local gova to perform"govemmental
functions and services,"which includes functions and seivices related to Public health arid'welfare. Under
this provision. the City of Fort,Worth ma!ly enter into;Rn interlocal Agreement so,that the Animail Care and
Control Division may provide ani'mall control, animal impound,nient, boarding, qua rantine, euthana' idfor
and disposal services to a municipality.
This Mayor and Council Communication will authorize ire Altai Agreements for Fiscal Year 2013 with the
following entities,., the City of Benbrook is contracting for speamen shipment servioces;the Cities of Forest
Hill, Kerr edaile, Edgeclff Vllage,,Pan gig and DaWorthingtort GArdens,are contracting for boarding,
quarantine,, specimen shipping, euthanization and disposal serviossa, the City of Blue Mourd and Tarrant
Coun,ty are contracting for the services listed above plus periodic routine animal contals-ervices'dy
request. Municipalities desiring to ccntract for any of these services are required,to execute a new
A fire emant annually.
Due to the increasi ng costs of providing Animal Care and Control services to o judo . ior there am
fee'Increases and new tes associated Wth each contract re gut iwwal,,
The revised fee schedule for Fiscal'Year 2013 Is,asfollows.,
SERVI F/Y 2012 Fee FN jqjjj�ee
Adminie-tt0tNe Fee Per Animed, Impoutid-ment
Daily Boarding F' 15.00
Euthanasla/Disposal Fee $ 15.00 , $ 50-00
Logname: 23 RABIES CON-IROL VARIOUS MUNICIPALITIES FfY 2 0,13, PIA UP 1 ^f 17
05/15/2013 11*019 8l175613l741 FORT WORTH ACC PAGE 05/1 3
Quarantine Boarding Fee* $ 20.00 $ 20.00
AdministraWe Fee Par;Animal Quaranbne* N/A $ 1000,00
F)'eld Servi"ce Request $ 87.00 $ 807.00
Specimen Preparation and Shipment $ 100.00 $ 100.00
Adminl*strafwe Flee Per Specimen Sh'pment N/A $215.,00
Emergency F14eld Service Request $ 100.00 $ 100.00
Educational Presentations $ 70.00/hour 70.0011hour
NOTE.- Due to limited space at Viie City ainimal shalter, cluarline serf "ces will no ionger be offerisjld after
April 1, 2013. All contracting,agencies were informed of this pry vision prior to October 2,012,.
ry
It Is antelpated that the revised fee schedule,W11 multin an ad,diffonal $55,650.00 in assaclated revenues
in; Fiscal Year 2013 compared with Fiscal Year 2012,
FISCAL.LNFOF �RMATION I CER-T7FHqAT[0N-0
The Financial Management Services Director certifies that the Code Compliance Depart menti Animal
Care,and Control Division, is responsible for the collection and deposit of funds due to the City.
f,ll,0 CE_WEM.V
TO Funffi&,co F!!RPLM.ftin W
d/Acq nllUCgn
CgR11FIg"ONSA
:jybm1tt90jpr.,C01,ty Managgr'� f Charles, Wriliels, (6199)
Head: Brandon Sennett (6W)
OrIgl.l1m Do-padneont
Michael Camp (7020')
Scoft Hanilan (7204)
A
Witlonal lnibrmagon.Contact:
Ov~0
AnACHMENTS
No attachmerb found.
Loge ame:23RABUES CONTROL VARIOUS MUNICIPALITIES F/Y 2 013