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i
CONTRACT
STATE OF TEXAS
COUNTY OF T R AM §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
THIS AGREEMENT s 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 a;
"City"),, and the `own of Edgeel f`f'Village, a Type A general law municipal corporation located..
in Tarrant Co urity, Texas, acting y and through 'its, duly authorized rized Mayor (hereinafter referred.
to as " -dgecliff Village").
WITNES SETH
WHEREAS, Chapter 791 of the Texas Government t Code authorizes the formulation of
interlocal cooperation agreements between and among municipalities and counties for the
performance of govenunental functions-, and
WHEREAS, C a ter 826 the Texas Health and Safety Code, also known as the
Rabies Control Act of 198,1 hereinafter referred, to as the "Act"), requires governing bodies of
each municipality to designate a local rabies control authority t enforce the Act and minimum
standards for rabies eor.tr�l adopted y the Texas Department f State Health Services; and
WHEREAS, Section 826.016 of said pct authorizes a municipality to enter, into
a reerru�ent with pudic entities to carry out activities required r authorized under the Act- and
WHEREAS, Edgeclif"f Village wishes to participate in an interlocal agreement with City
for, the purpose oflimited rabies control in the Town of l d.gecliff`Village; and
WHEREAS, Edgeeliff Village and City mutually desire to be subject to the provisions of
Chapter,791 of the Texas Goverrtrnent Code, also known as the Interloical Cooperation Act.
NO'S,THEREFORE, it is agreed as follows:
1.
PURPOSE
The purpose of this tnterlocal Agreement is to enter into an agreement between the City
and Edgecliff`Village whereby, subject to -the terms and conditions hereinafter set forth and for
the consideration. specified below, City agrees to, provide Edgecliff Village with limited rabies
control services in. the Town of Edgecl%ff Village, and City agrees to provide i-DMQ I
quarantine facilities for animals pursuant to this Agreement for the l ene t of
F1 1.
r,JJrY SECItETARY
I:T
WORTHO TX
Interlocal Agreement with Edgecliff Village for Rabies Control,for 2012-2013 RECEIVED f 10
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, bloblcat,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
11 1
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 Edgeel,iff Village for Rabies Control for 2012-2013 Page 2 of 10
3.
TERM
I
The term of this Agreement is for a period of one (1) year commencing, on October 1,
2012 and ending on September 30, 2013. Some services w ithin this Agreement will terminate on
April 1, 2013.
4.
SERVICES BY CITY
A. Hours
City agrees to perform, the services annotated 'in Subsection B. below, for Edgecll*ff'
Village between the hours, of 8.-001 a.m. and 5:00 p.m. only, Tuesday th-ru Saturday,
excluding holidays, with no after-hours service provided.
B. Rabies ReUonse
In the manner and to the extent that "it deems appropriate and in accordance with the
Rules and the Act, City will:
(1) From October 1, 2012 through March 3 1, 2013, place animals delivered to
It In rabies quarantine-,
(2 From October 1, 2012 through September 30, 2013, euthanize, process
and ship for rabies testing animals which are presented by Edgeclill I
Village to the City,
C. Impoundment of Animals
City will board animals delivered to the City's Animal Care and Control Center by
Edgecliff Village officials.
D. 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
dangerous dogs, stray animals and animals that are suspected of being rabid; and the
euthanizing of sick or injured animals. Incoming calls include:
I. Reports of stray injured animals;
(2) Reports of stray dangerous dogs;
(3,) Reports of captured animals-,,
(4) Re�quests by Edgecliff Village to patrol for stray animals in specific areas
on a limited basis.
5.
DUTIES OF EDGECLIFF VILLAGE
A. Edgecliff Village agrees that it gill retain all responsibIlity for enforcement of all aspects,
of the Act not covered 'in Section 4 of this Agreement, including criminal enforcement.
Interlocal Agreement with Edgediff Village for Rabies,Control,for 2012-2013 Page 3 of 10
B. Edgecliff Village agrees that will pursue, tits 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. E,dgecliff Village further agrees that City is not required
to pursue the issuance and execution of such warrants.
6.
IMPOUNDMENT, QUARANTINE AND DISPOSITION OF ANIMALS,
I
A. A lieve, stray animal, *1111POUnded by' the City under this Agreement shall be h r a
period of not less than seventy-two (72) hours unless released earlier to its owner. Until
March 31, 2013, a quarantined animal shall be held or presented for testing according to
the Act and the Rules. Edgecliff''Vi'llage shall notify City 'in writing whether Edge cliff
Village does or does nolt desire that the bite animal be prepared and shipped for testing,.
Edgecliff Village shall provide in writing to the, City the date of the bite incident and the
animal's date of'releas,e from quarantine. After April 1, 2013, the City will only provide
the rabies response listed 'in paragraph, �(2)1,
B. Prior to the expiration of the impoundment period, the it 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 ofidentificati'on"
1
(2) Receipt or other roof of payment to Edgecliff'Village of kenneling, fees;
P
(3) Purchase of'a it license tag if the animal is a dog or cat and the olwner resides
within the City, and
(4), Arranging for rabies, vaccination for the animal, 'if the animal is a diog or a cat, and
its vaccination, is not current and the animal's, owner resides within the City.
ow o
D The ownership of impounded animals that have not been, re�lea,sed to their ners n the
expiration of the *Impoundment period reverts t he City, and the animals may be placed
for adoption or euthanized, at the sole discretion of the City,.
E. All quarantined animals frorn Edgec liff' Fills ge not reclaimed by their owner will, be
euthanized, and Edgecliff"Village will be billed for the cost of quarantine, eutea nization
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 Town of Ed 1 1
gecliff Village as those terms are defined or used in if 10 of the Texas
Health and Safety Code.
Interlocal Agreement with Edgediff Village for Rabies Control]for 2012-2013 Page 4 of']01
B. Nothing in this Agreement shall be deemed as requiring the City to 'Investigate reports of
0
dangerous dogs, to register dangerous dogs, or otherwise regulate dangerous dogs in the
City of dg cliff Village under the authority of Chapter 822 Sul ehapter D. of the Texas
Health and Safety Code.
C. Nothing in this Agreement, shall he 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 rablid animal or its fresh tissues.
D. City shall not ound stray animals, if Edgecfiff V"fiage fails, to enact and ma*nta"
IMP I I I in
rules or oirdi*nances ursuant to Seeflons 826.015 and 826.033 of the Texas Health
# #
and Safe Code that reg,uire an to be restrained at all fimes.
low
81,
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 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 used by such emp�loyees for providing services under this Agreement. Edgecliff
Village shall have no direct supervisory authority over such employees except in emergency
situations where the exercise of supervision, by Ed scuff 'Village becomes, necessary for the
resolution of the emergency.
9.
CONSIDERATION
A. As fair compensation for the services rendered by City to Edgecliff Village from October 1,
2012 through September 30, 2013, Ed scuff Village agrees to pay Cl-t for its services based
on the schedule attached hereto as "Attachment A", as pertinent, which is hereby
incorporated as a part of thi"s Agreement as 'if'it were set fw-th at length. City may aadjust any
fee listed in "Attachment A"' during the term of this Agreement by giving Edgecliff Village
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 "Attachment A. Emergency Response
fees are described in "Attachment A."
C. Edgecliff Village will not pay City more than Five Thousand Five Hundred Dollars,
($5,5001.0o) '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
interlocal Agreement with Edged iff village for Rabies Control for 2012-2013 Page 5 of 10
amount i's reached, City will cease providing such services., City agrees to provide the Town
of Edgecliff Village with an itemized quarterly bill. Edgecliff Village agrees to promptly
pay such bills upon presentation by the City, such payments to be made from current
revenues available to Edgecliff Village, within -thirty (30) days of receipt. In the event of the
termination of this Agreement, City shall bill Edgecliff Village for any outstanding balance,
regardless of the amount, and Edgecliff Village agrees to promptly pay such bill, within
thirty (30) days of receipt.,
D. Pursuant to the requirements of Section 791. 11(d)(3) of the Texas Government Code, the
amount due City under subparagraph A. above shall be paid from revenues available to
Edgecliff Village in fiscal year October 2012 through September 2013.
10.
LIABILITIES
A. To the extent permitted by law, Edgecliff Village shall be responsible for all work-related
deaths, injuries or diseases of Edgecliff Village employees, and, for property damage,
personal 'injury or death caused by Edgecliff Village 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's own employees or volunteers relating to work provided pursuant to this
Agreement.
C. Edge,cliff Village shall be responsible for all property damages, personal injuries and
death an'sing, from the use of City and Edgecliff Village equipment and vehicles caused
by Edgecliff Village employees or volunteers pursuant to this Agreement. Furthermore,
Edgecliff Village shall be responsible for the repair or replacement of all such equipment
and vehicles damaged, destroyed, lost or stolen caused by Edgecliff Village employees, or,
volunteers during the provision of services hereunder.
D. City shall be responsible for all property, damages, personal ii1juries 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.
1.1..
IMMLNITY & THIRD PARTIES
It A. is expressly understood and agreed that, in the execution of this Agreement, neither
City nor Edgecliff Village 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.
Interlocal Agreement with Edgectiff Village for Rabies Control for 2012-201.3 Page 6 of 10
B. Nothing in this Agreement shall be construed to benefit any third, party other than an
employee or officer of' Edgecliff Village or City while 'in the performance of this
Agreement. This Agreement may not, be construed to expwid the liability of City or
Edgecliff Village beyond the scope of Chapter 101 of the Texas Civil Practice and
Remedies Code, unless specifically stated herein.,
12.
TERMINA"J"ION
It is further agreed by and, between City and Edgecliff Village, that City and Edgecll*ff
Village 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 commitments and agreements of the parties hereto, and no
I`* .
other oral or written commitments shall have any force or effect i*1 not contained herein.,
14.
MODIFfCATION
This Agreement may be modified by the mutual agreement of the parties, if the
modification is in writing and signed by City and Edgecliff Village.
15.
SEVERABILITY
0, 41
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.
16.
AUTHORITY
',t'b,l*s Agreement is made for City and Edgecliff Village as an Interlocal Agreement
pursuant to Chapter 791 of the Texas Government Code.
1.7.
AUTHOR-1,ZATION
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
Interlocal,Agreement with Edgecliff Village for Rabies Control for 2012-2013 Page 7 of 10
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 interferences; fires; strikes;
lockouts, national disasters; riots; material or labor restn'ctions, 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 i's 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, 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 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 terminate this Agreement to be effective on the later of(1*) thirty (30),
days foillowing, delivery to the City to Edgecliff Village of written notice of the City's intention
to terminate or (11) the last date for which funding has been appropriated by the City Council f6r
the purposes set forth in this Agreement.
20.
HOMELAND SECURITY
If the United States Department of Homeland Security 'issues a or Level
Red Alert, City, in its sole discretion, may terminate the Agreement 'immediately.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Interlocal Agreement with Edgediff Village for Rabies Control for 2012-2013 Page 8 of 10
AW
"Attachment A"
SCHEDULE OF FEES TO All BY ED�GECLIFF VILLAGE
DAILY BOARD FEE
Kermelling (per dog, cat or other small animal) $15.,010 per day
Quarantine (per animal) $20.00 per day
Quarantine Fee (per,animal) $1010.00
,H,E.AD PREPARATION AND SHIPMENT
Per Animal I-lead $1010.00
EUTHANIZATIO,N AND DISPOSAL
Per animal $50.00
AFTER-HOURS., WEEKEND AND, EMERGENCY ANIMAL, CONTROL RESPONSE
Per Request $100.00
ADMINISTRATIV FEE Per Impoundrn $50.00
Interlocal Agreement with Edgediff Village for Rabies Control for 2012,-2013 Page 10 of 10
EXECUTED in triplicate this t day of I 20)J in
Fort Worth, Tarrant County, Texas.
CITY OF FORT WORTH TOWN OF EDGECLIFFVILLAGE.
l.
((,Lh,arles Dame'Is BY-:XA
n"S11
Assistant City Manager 0 V�A� 0
APPROVED AS TO FORM AP PROVED AS TO FORM
Arthur N. Ba,shor
4>0
Assistant City Attorney )�4000 ity AttomeYl
00
m&C
0
ATTEST-. TEs,,r:
City Secretary
y e
City Secre "Yt
OFFICIAL RECORD '
cITY SECRETARY
FT*WORTH,TX
Interlocal.Agreement with Edgediff Village for Rabies Control for 2012-2013 a e, r I
05/'15/20113 11:19 817'56113741 FORT WORTH ACC F 06/1.3
City of Foif b h Texas
ft Aw
Mayor and u n i ca ion
't.rr
COUNCIL ACTION: Approved on 411311013
I MP" CO.Mmike-7-tv--o—ww" Ir4rociiite cmr_
DATE.- Tuesday, April 23, 2013 REFERENCE NO�.,941 `C-26212
LOG NAME: 23 RABIES CONTROL VARIOU'S MUNICIPALITIES F/Y 2013
SUBJECTON
Authorize Ex fio n of Interlocal Agreements Witt 1"arrant Comity and Vadous Muni(Apalites for the
Purpose oil"Providing Animal and Rabies Control Services and lRables Specimen Shipment Duriirg Fiscal
Year 2013,(ALL COUNCIL,DISTRICTS)
_RECOMMENDATION:
Its recommended that the City Council authodze the, execution of intedocal Agreements. with:Tartent
"W
County and various munietpailities within,the counity fix the purrose of providing firifted animal l and ra-Utes
control and,r2bles specimen shipiment from October 1, 2,012 through September 30, 2013.
ussi
The Code Compliance Department, Animal Care and Control Division,, has history calty arbsisted,Taimant
County, and various municipalities within the county,by providing firrifted animal c*ntri&9rv=,s end
processing and shipping of spe*mans to the Bureau cf labor to 4es n Austin for testing related to rabita.11%
mritrol. Services associated with processing specimens.; Include-the kenneling of impounded animals,
eu�thanizati,on, disposal seirvices and specimen ship�ping. Section 791.011 of the Texas Government Code
provides that a local govgimme may contract with another local government to perform"governmental
functions and, services,"which includes functions and services related to public health and welfarei. Under
thi's Provision,the City of Fort Worth may enter Into an interlocal Agreement so t'
Dnri hat the Animal Care and
Control sion may prWde,animel control, ronimal impoundment, boarding, quarantine, euthanization
and disposal services,to a municipality.
This Mayor and Council Commurication will authonize irtterlocal Agreements for Fiscal Year 2,013 with the
following enflides: the City!of Benbrook is, cioW�racting for specimen shipment services,*the Cities of Forest
Hill, Ken nedale, Edgediff Village, Pantegc and Dalworthington Gardens are contracting for boardingi,
quarantine, specimen shipping, euthanization,and dispoic.-al services,- the City of Blue Mound and T'arrant
County are contracting fbr the services listed above plus periodic routine animal contral se,"VILces k_>y
A
request., Municipalities desiring to contract for any of these SerylMS are required,to executel a new
Agreement annually.
Due to the i ncreasing costs of providing Animal Care and Control services to other jurisdictions, there are
'fee increases and new fees associated With each contract"reneawal,
The revised fee schedule for Fiscal Year 20,13]is,as 4l s:
FN 2 F/Y 2013 FAP
AdMIhietradive Fi3e Per Anirriitl Impout4ment N/A
50-00
Daily Boatdling Fee
ELfthanasola/Disposai Fee $ 15-010 60-00
I
Loisname:23 TES CONTROL VARIOUS -M) U.N1C1PAL11'11ESi'F/Y 20113
O5/15 20!13 11:1119 8175613741 FORT WORTH ACC PAGE 07/13
Quarantine Boarding Fee,*, $ 20-00 11t5l 2 0.,001
Administrafivel Fee Per Animal Quarantj�ne* N/A $ 1001,00
Field Service Request $ 8174100 $ 87.00
Specimen Preparation and Shipment $ 100.1010 $ 100.00
Administrative Fee Per Specimen Shiprrient N/A $26.00
Emergency Field Service Request $ 100-00 $ 10�01.0o
Educational PresentaIbons $ 70.00/hour $ 70.30/hou41',
NOTE: Duel to limited space at the Cilty animal shelter, quarantine services will no lanpar be offer(W after
Apin"11 1, 2013. All contracting agencies were informed f'this provision prior to October 2012.
It i's ant cip ate d 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;MORM- TtM��CE�TIFLCATION-
The Financial Management Services Director cerfiftes,that the Cade Compliance Department,Animal
Care and Contml Division, is responsible for the colledon and deposit of funds due to the Coll
FUND CIE A:
TO FMd/ Fi
,A
-0
Eft ccou-ntfCent
CERIMCATIONS44
§.ub.mkWd f9,r01jy Mangners 0ffic._9,l- Charies Daniels (61!99)
Pd90natina,0e Brandon Bennett (8345)
_parftnent Head:
Michael Cramp (7020)
Coll ct:
Scott Hantan (7204)
AU
M NT P
1
No attaWments found.
1h
Lognawe:23RABIES CONIROL VARIOUS MUNTC]EPALr.MS F/Y 2013