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CONTRACT
STATE OF TEXAS
COUNTY TAR T'
INTERLOCAL AGREEMENT FOR RABIES CONTROL'
"HIS AGREEMENT is rnad.e and entered into by and between the City of Fort Worth., a
borne-rule bome-rule municipal corporation situated yin. Tarrant, Denton, Parker, and Wise Counties, Texas,
acting by and through its duly authorized Assistant City Manager (hereinafter referred to as
"City"), and Tarrant County, Texas, acting by and through its duly authorized County Judge
(hereinafter referred to "County").
WITNE,S, SETH :
WHEREAS, C a.pter 791 of the Texas Government Code authorizes the formulation of
interlocal cooperation agreements between and among municipalities and counties for the
performance of governmental fnct ens; 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 . ct")l, 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 Teas Department of State : eal.th Services; ana
WHEREAS, Section 826-016 of said Act authorizes a municipality to enter into
agreements with public entities to carry out activities required or autbon*zed under the pct; and
WHEREAS, County wishes to participate In an interloeal agreement with City for the
purpose of limited rabies control in the unincorporated areas of Tarrant County; and
WISER. AS, County and City mutually desire to e subject to the pr lsi ns of Chapter
91 of the Texas Govenunent Code, also known as the Interlocal Cooperation Act.
NOW, THEREFORE, it is agreed as follows.
1.
:BUR' S
The purpose of this In.terlocal Agreement is to enter into an Agreement between City and
County whereby, subject to the terms and conditions hereinafter set forth and consideration
specified below, City agrees to provide County with limited rabies control, services 'in the
unincorporated areas of Tarrant County, and City agrees to provide impoundment and quarantine
facilities for animals pursuant to this Agreement for the benefit op County.
OFFICIAL R
CITY SECRETARY
FX WORTH$ _w
Iwtrlocal Agreement with'Tarrant County for Rabies Control for 2012-201 MIAY 14 ' '1
2.
DEFfNITIONS
For the oses,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 her
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 Felida,e (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 d,og 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 familian's.,
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 an 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 rabbies control and eradication under 25 TAC § 169.21 et seq.
STRAY shall mean roaming with no physical restraint beyond the premises of an
anIrnal's owner or keeper.
Interl'ocal Agreement with Tarrant County for Rabies Control for 2012-2013 Page 2 of 12
3.
TERM
4
The term this 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 perform the services in Subsection B., C., and D. for County in the
unincorporated areas of Tarrant County, between the hours of 9:00 a.m. and 5:00 p.m.
week days and weekends, excluding holidays. In the event of an emergency, involving
potentially rabid animals that occur after-hours, weekends, or holidays, City agrees to
provide services in Subsection B. an C. in the manner and extent that the City deems
4
appropriate.
B. 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 stray
animals and the euthanizing of'sick or injured animals. Incoming calls,include.-
(1) Reports of stray injured animals,
(2) Reports of stray dangerous dogs,
(3) Reports of captured animals;
(4) Reports by officials of public or private elementary and secondary schools
of'stray animals upon or near school p�ro�p,erty; and
(5) Requests by County to patrol for stray animals in specific areas on a
limited basis.
C. Rabies Resp.onse
In the manner and to the extent that it deems appropriate and in accordance with the
Rules and the Act, city Will:
(1) Screen incoming calls, take reports and investigate such reports of bites or
of animals that are suspected of being,rabid;
(2) (a) From October 1, 2012 through March 31, 2013, place animals in
rabies quarantine,
(b) From October 1, 2012 through September 30, 2013, euthanize,
process and ship for rabies testing-,
(3) Process and ship other animal specimens for rabies testing which are
presented by the Tarrant County to the City; and
(4) Provide surveillance and trapping of suspected bite animals and of animals
that are suspected of being rabid.
Interlocal Agreement with Tarrant County for Rabies Control for 2012-2013 Page 3 of 12
(5) Promptly report to county epidemiologist and the health authority any
potential or actual human exposure to a rabid animal(s) occurring in the
unincorporated areas ofthe County.
5.
DUTIES OF COLNTY
A. County 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. County agrees, that it will provide prompt response by the Sheriffs Office to calls for
assistance by the City when performing services under this Agreement.
C. County 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 Paragraph 4 (C) of this, Agreement, whose owners have failed or refused to place
them for quarantine or testing. County further agrees that City is not required to pursue
the issuance and execution of such warrants.,
D. County agrees to provide City with three (3) dog traps and six (6) cat traps at the
commencement of this Agreement and will replace any of such traps, that are, stolen or
destroyed within thirty(3 0)days during the term of this agreement. If this Agreement is
not renewed, such traps, will be returned to County.
6.
IMPOUNDMENT 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 3l
2013 a quarantined animal shall be held or presented for testing according to the Act and
the Rules. Tarrant County shall notify City in writing whether Tarrant County does or
does not desire that the bite animal be prepared and shipped for testing. Tarrant County
shall provide in writing to the City the date of the bite incident and the animal's date of
release from quarantine. After April 1, 2013 the city will only provide the rabies response
listed in paragraph 4(C)(2).
B. Prior to the expiration of the impoundment period, the City may destroy an impounded
animal, if the Supenintendent 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 Tarrant County 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
Interlocal Agreement with Tarrant county for Rabies Control for 2012-2013 Page 4 `12
(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 impo�unded 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
for adoption or eutbanized, at the sole discretion of the City.
E. All quarantined animals from Tarrant County not reclaimed by -their owner will be
euthanized and Tarrant County will be billed for the cost of quarantine, euthanizat,
1 1 ion
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 autbo�rity"' of
the County as those terms are defined or used in Title 101, Health and Safety Code,
Vernon's Texas Codes Annotated.,
B. Nothing in this Agreement shall he deemed as requiring the City to investigate reports of
dangerous dogs, to register dangerous, dogs,, or otherwise regulate dangerous dogs in
unincorporated areas of Tarrant County, under the authority of Chapter 822 Subehapter
D.of the Health and Safety Code, Vernon's Texas Codes Annotated.
C. 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. The city will provide a list of quarantine,
facilities they have identified throughout, Tarrant County for use by the County for their
quarantine requirements.,
D. hall not patrol for and/or 1-M oun d stral animals if Coun s to enact and
maintain rules or ordinances, a rsuant to Sections 826.014 and 826.033 of the Texas
Health and Safety Code that re tube animals in the .uninc orated areas of the
County-tp 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 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 unifolmis, vehicles, and
equipment(except as provided in Paragraph 51(D:) of this Agreement) used by such employees for
Interlocal Agreement with Tarrant County for Rabies,Control for 2012-2013 Page 5 of 12
providing services under this Agreement., County shall have no direct supervisory authority over
such employees except in emergency situations where the exercise of supervision by County
becomes necessary. Regarding workers' compensation insurance, the City shall not waive its,
right to subrogate against the County for losses incurred in the course of City's, services rendered
to County under this Agreement.
9.
COMPENSATION
A. As fair compensation for the services rendered by Tarrant County froin October 1, 2012
through September 30, 2013, Tarrant County agrees to pay City for its services, based on the
schedule attached hereto as Exhibit 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 Exhibit A
during the term of this Agreement by giving Tarrant County 1.20 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 Exhibit A.
C. Tarrant County will not pay City more than $+0,20(V* 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
p, *di I I
rovi in such serv*ces. City agrees to provide Tarrant County with an *temized quarterly
bill. Tarrant County agrees to promptly pay such bills upon presentation by the City, such
payments to be made from current revenues available to Tarrant County, within thirty (3101)
days of receipt. In the event of the termination of this Agreement, City shall bill Tarrant
County for any outstanding balance, regardless of the amount, and Tarrant County agrees to
promptly pay such bill, within thirty(30) days of receipt.
D. Pursuant to the requirements of Section 791.0I 1(d)(3) of the Texas Government Code, the
amount due City under subparagraph A. above shall be paid from revenues available to
Tarrant County in fiscal year October 2012 through September 2013.
10.
FEES CHARGED ANIMAL OWNERS
County hereby agrees that City may charge, or cause to be charged, the fees, set out in
"Exhibit B"' to the owners of animals that have been impounded or quarantined. "Exhibit B" is
hereby incorporated as a part ofthis Agreement as if it were set forth at length. City is hereby
authorized to increase said fees during the terms of this Agreement by giving the County 120
days' notice. If an animal's owner reclaims the animal and pays the kenneling fees, then the City
will not charge the County for kenneling, such animal under the Fee Schedule in "Exhibit A." If
a quarantined animal's owner reclaims the animal and pays the quarantine fees, then the City will
not charge the County such fees. A check written by an owner in pa ent of these fees, '
ym is
Interlocal Agreement with Tarrant Coutity for Rabies Control for 2012-2013 Page 6 of 12
considered a contingent payment. If the check written by an owner is subsequently dishonored,
the check shall not be considered payment and County shall be responsible to City for the fees.
LIABILITIES
A. To the extent penuitted by law, County shall be responsible for all work-related deaths,
injuries or diseases of County employees, and for property damage, 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,
V .
inju:ries or diseases of City employees, and for property damage, personal injury or death
It
caused by City employees or volunteers relating to work provided pursuant to this
Agreement.
C. County shall be responsible for all property damages, personal inj'un*es and death caused
by the use of County equipment and vehicles pursuant to this Agreement. Furthermore,
County shall be responsible for the repair or replacement of all such equipment and
vehicles, damaged, destroyed,lost or stolen by County employees or volunteers during the
provision of services hereunder.
D City shall be responsible for all property damages, pers, ►nal injuries and death caused by
the use of City equipment and vehicles caused by City employees or volunteers pursuant
to this Agreement., Furthermore, City shall 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.
12.
.11MMUNITY & THIRD PARTIES
A. The County expressly waives its right to assert immunity fi-om suit for a claim forming
the basis of a suit between the City and County alleging a breach of this Agreement. The
County does this as consideration for the City's offer to enter into, this Contract with the
County. No third party may use this waiver in any way and no waiver of immunity 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 County or City while in the perfonnance of this Agreement. This
Agreement may not be construed to expand the liability of City or County beyond the
scope of chapter 101 of the Texas Civil Practice and Remedies Code unless specifically
stated herein.
1 3.
TERMINATION
Interlocal Agreement with Tarrant County for Rabies Control fo�r 2012-2013 Page 7 of 12
It is further agreed by and between, City and County that C'ity and County shall each have
the right to terminate this Agreement upon thirty(30) days" written notice to the other party.
14.
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.
15.
MODIFICATION
This Agreement may be modified by the mutual agreement of the parties, if the
modification is in writing and signed by City and County.
16.
SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall for any
reason he 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.
17.
AUTHORITY
This Agreement is made for City and County as an Interlocal Agreement pursuant to
VT'CA, Govenunent Code, Chapter 791.
18.
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.
19.
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; golvemmental restn'ctions, regulations, or interferences; fires; stfikes;
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 peniiitted
under the terms of this Agreement to do or perfon-n the ,same, regardless of whether any such
Interl l Ageement witbTarrant County foe Rabies Control for 2012-2013 Page 8 of 12
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, 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.
20.
FISCAL FU-NDING LIMITATION
If for any reason, at any time during any term of this Agreein,ent, the Fort Worth City
Council falls to appropriate funds sufficient for the City to fulfill its obligations under this
Ageement, the City may term iate this Agreement to be effective on the later of (i) thirty (3 0)
days follo�wing delivery to County 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.
21.
HOMELAND SECURITY
If the United States Department of Homeland Security issues a Level Ora
or Level Red Alert, City, in its sole discretion,may terminate the Agreement immediately.
SIGNATURES ARE ON NEXT PACE
Interlocal Agreement with Tarrant County for Rabies Control for 2012-2013 Page 9 of 12
EXECUTED in triplicate this .. day of ldorwax�cd A3 in
Fort Worth Tarrant County, Texas.
CITY OF FORT WORTH TARRAN COUP Y
7 -:�)ZAOO
0or
Qarles'W. Daniels B,. Glee Whitley
Assistant City Manager County Judge
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APPROVED AS TO FORM ROV
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Assistant City Attorney � � � ��� Attorney
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M&C � was ification of Funds Available,
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City S ecre
law, the District Attorney's Office may only advise or
approve contracts or legal'documents on Behalf of its clients. It
may not advise or approve a contract or legal document on
behalf of other parties. err review of this document was
conducted solely iron the legal' perspective of our client. Our
approval of this, document was offered solely for the benefit of
our client. Other parties should net rely on this approval, and
should seek review and approval by their own respective
atterne (s .
OFFICIAL RECORD
CITY SECRETARY
lnt rlo al Agreement with Tarrant County for Rabies Control for 2012-2013 0 12
EXH IB IT A
SCHEDULE,OF FEES PAID BY COUNTY
DAILY BOARD FEE
Kenneling (Per dogi,cat or other small ani'mal) $15.,001 per day
Quarantine (per animal) $20.00 per day
Quarantine fee (per animal), $100.00
SERVICE CALLS AND RABIES, RESPONSE,
(Excluding head preparation and shipment)
Per Request $87.00
HEAD PREPARATION AND SHIPMENT
Per Animal Head $100.00
EDUCATIONAL SERVICES
Per Staff Hourly Charge $70.00
EUTHANIZATION AND DISPOSAL
Per animal $501.00
AFTER-HOURS, WEEKEND AND, EMERGENCY ANIMAL CONTROL RESPONSE
Per Request $11001.00
ADMINISTRATIVE FEE $50-00
Per impoundment or service request
I
Interfocal Agr ee= with Tarrant County for Rabies Control for 2012-2013 Page I I : 12
EXHIBIT Bill
SCHEDULE OF FEES TO BE PAID TO CITY BY OWNERS RECLAIMING ANIMALS
RABIES VACCINATION FEE
Per reclaimed dog or cat $ 9-00
DAILY BOARD FEES:
Kenneling (dog, cat, small animal) $15.00 per day
Kenneling(other than dogs, cats or small animal) $15.00 per day
Quarantined animals $,20.,00 per day
Interlocal Agreement with Tarrant County for Rabies,Control for 2012-2013 Page 12 of 12
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FORT WORTH ACC PAGE 11/13
05/15/201:3 11aw;A 817156�13741
Quarantine Boarding Fee* $ 20.00 !D 2 0.00
Administrative Fee Per Ant"mal Qua rantine* NIA $ 100,00
Field Service Request $ 87.0:0 S 8T00
Specimen Preparation and Shipment $ 100.00 $ 100"00
Administrative Fee Per Specimen Shipment NI/A $ 25.00
Emergency Field Service Request 100.00 $ 100-00
Educabonal Presentations $ 70. /hour $ 70.00.1h0Ur
NOTE: Due to limited space at the City animal shelter,, quare ire tine services will no lo �er be offered after
i 'Provision pfl!or to October 2.012.
Apr"11 1, 2013. All contracting agencies,were informed of-th is,
idit"o,nal$65,650.00 "ated revenues
litis anficipated that the revised fee schedule wili result in an ad I In associ
in Fiscal Year 2013 compared with Fiscal Year 2012.
Fl ---- .-Liff,01RIVIA"11110NICE 71 FICATION.
The Financial Management Services Director certfies that the Code Compliance Deparnent,An"Imal
are and Control 01"Vision, is responsible for theowilecOon and deposit of funds due to ittle City,
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�L iname:23RABIES CONTROL VARIOUS M.UZC1?ALTTM'S F/Y 2013 X