HomeMy WebLinkAboutContract 44443 C
RPARY
Cown�CT NO,*
STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
THIS AGREEMENT 'is made mid, entered into by and between the City of Fort Worth, a,
ho e-rule municipal corporation situated in 401 arrant.1 Denton, Parker', and Wise Counties, Texas,
acting 'by and through 'its duly authorized Assistant City Manager (hereinafter referred to as
"City"), and the it of Kennedale, a home-rule municipal corporation located m* Tarrant
County, Texas, acting by and through its duly authorized (fl v 1KAnAq,4,%.e
(hereinafter referred to as "Kennedale").
WHEREAS, Chapter 791 of the Texas Government Code authorizes. the formulation of
interlocal cooperation agreements between and among municipalities and counties for the
performance of gover mental fimctionso, and
I
WHEREAS, Chapter 826 of the Texas Health and Safety Code, also Icnown as the
,
Rabies Control Act of 1981 (here inafter referred to as the "Ac 4
t"), 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'a I and
WHEREAS,, Section 826.016 of said Act authorizes a municipality to enter 'Into
t with public entities to carry out activities & I I
agreemen s i i ies required or,authorized under,the Act- and
WHEREAS,, Kennedale wishes to participate in an interlocal agreement with City for the
purpose ofl1*m.1ted rabies control in the City of K,ennedale; and
WHEREAS,, Kennedale and City mutually desire to be subject to the provi,sions of
Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act.
NOW, THEREFORE,, it is agreed as follows-.
1.
PURPOSE
The purpose of this Interlocal Agreement is to enter into an agreement between the City
and Kennedale whereby, subject to -the terms and conditions hereinafter set forth and for the
consideration spect
iderat' *fied below, City agrees to provide Kennedale with limited rabies control,
*de tine
services in the City of Kennedale, and City agrees to provide impoundment and quarant*
facilities for animals pursuant to -this Agreement or the benefit of Kennedale.
OFFICIAL RECORDI
A
CITYSECRETARY
RECEIVED MAY 14 FFT 1
WC
WORTH9 TX
2.
DEFfNITIONS
For the purposes of this Agreement, the following wrimtions 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 ho:mo
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 i*nflicted by an
animal on a human.
CAT shall mean a commonly domesticated member of the Felidae (feline) family, other
than a]1.0n, 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 aninal 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 commi*ts. unprovoked acts ' 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 cani*s 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 -[be rules adopted by the Texas Department of State Health Services
Cdr 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.
3.
.Interlocal Agreement with Kennedale for Rabies Control for 20,12-2013 Page 2 of 9
TERM
The term of this Agreement I*s for, a period of one (1) year commencing on October 1,
2012 and ending on September 30, 2013. Some services within this, agreement will terminate on
March 31, 2013.
4.
,SERVICES Y CITY
A. Hours
City agrees to perform the services annotated in Subsection B below, for Kennedale
between the hours of 9.00 a.m. and 5:001 p.m. only, Tuesday thru Saturday, excludi*ng
holidays, with no after hours service provided.,
B., Rabies, Response
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 31, 20:13, place animals delivered to
it in rabies quarantinel;
(2) From October 1, 201-2 through September 30, 2013, eu the nize, process
and ship for rabies testing animals,which are presented by Kennedale to the City.
C. Impoundment of Animals
City will board animals delivered to the City's Animal Care and Control Center 'by
Kennedale officials,.
5.
DUTIES OF KENNEDALE
A. Kennedale agrees that it Will retain all responsibility for enforcement of all aspects of the
Act not covered I*n Section 4 of this Agreement, including criminal enforcement.
B. Kennedale agrees that it will pursue, at its discretion,,, the issuance and execution of
inn qaran
warrants or other court orders necessary for the seizure of animals, requ* * g u tine or
testing under Section 4 of this Agreement, whose owners, have failed or refused to place
10,
the quarantine or testing. Kennedale ftirther agrees that City is not required to
pursue the issuance and execution of such warrants.
6.
IMPOUNDMENT, QUARANTINE AND DISPOSITION OF' ANIMALS
Interlocal Agreement with Kennedale for Rabies Control for 2012-2013 Page 3 of 9
A. A live, stray an i mal 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,
2013 a quarantined animal, shall be held or presented for testing according to the Act and
-the Rules. Kennedale shall notify City in writing whether Kennedale does or does, not
desire that the bite animal be prepared and shipped for testing. Kennedale shall, provide
in writing to the City ,the date of the bite incident and the animal's date of release from
quarantm* e. After April 1, 2013 the city will only provide the rabies response i,stea in
paragraph 4(B)(2)•
B. Prior to the expiration, of the 'impoundment period, the City may destroy an impounded
anlMal 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 of identiffication;
(2) Receipt or other proof of payment to Kennedale 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 an' al's owner resides Within the City.
D. The ownership of impounaea ani'mals, 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 euthanized, at the sole discretion of the City.
E. All quarantined animals from Kennedale not reclaimed by their owner will be euthanized,
and Kennedale will be billed for the cost oqua tine,, euthanization 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 City of Ke,nnedale as those terms are defined or used in Title 10 of the Texas Health
and Safety Code.
B�. Nothing 'in this Agreement shall be deemed as requiring the City to 'investigate reports of
dangerous dogs., to register dangerous dogs, or otherwise regulate dangerous dogs in the
City of Kennedale under the authority of Chapter 822 Subchapter . of the Texas Health
and Safety Code.
C. Nothing in this Agreement shall be deemed as requiring the City to quarantine or present
for testing domestic ani mals that have been bitten by or directly exposed by physical
contact,to a rabid animal or its fresh tissues.
Interlocal Agreement with Kennedale for Rabies Control for 2012-2013 Page 4 of 9
TI%
i
n A
shall not impound stra animals imals f Kennedale fails to enact and maintain rules
_V
or ordinances pursuant to Sections, 826.015 and 82,6.033 of the Texas Health and
IN Safe'y Code that require to be restrained at all times.
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
app kable payroll deductions unemployment taxes, wo�rkers'
P I I compensationnsu ranee
,
vacations, holidays, and fringe benefits for such employees and for all uniforms, vehicles,, and
equipment used by such employees loyees Bor providing services under this Agreement. Kennedale
shall have no direct supervisory authority over such employees except in emergency situations
where the exercise of supervision by Kennedale becomes necessary for the resolution of the
emergency.
9.
CONSIDERATION
A. As fair compensation for the services rendered by City to Kennedale from October 1, 2012
through September 30, 2013, Kennedale agrees to pay City for its services, based on the
schedule attached hereto as Attachment A., as pertinent, which is hereby incorporated as a
part of this Agreement as 1*1 it were set forth at length. City may adjust any fee listed in
Attachment A during the to of this Agreement by giving, Kennedale 120 days written
notice.
B. The nw-nber of boarding days, for billing purposes:, will begin on the day that the animal s
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.
-0.--% I"'�
C. Kennedale will not pay C ity more than $ .5 6') 0 0 0 in total, for services rendered
during the to of this Agreement. is amount shall herein constitute a not to exceed
limitation placed upon this Agreement, and when such amount is reached, City will cease
I I an 1 1
provi ing such services. City agrees to provide the City of Kenneda.le with 'tem*zed
quarterly bill. Kenned-ale agrees to promptly pay such bills, upon presentation by the City,
such payments to hie made from current revenues available to erne ale, within thirty (30)
days of receipt. In the event of the termination of this Agreement, City shall bill Kennedale
for any outstanding balance, regardless of the amount, and Kennedale agrees to,promptly pay
such bill,, within thirty(30) days of receipt.
D. Pursuant to the requirements of Section 79,1.011(d)(3) of the Texas Government Code, the
amount due City under subparagraph A. above shall 'be paid from revenues aval"lable to
Kennedale in fiscal year October 2012 through September 2013.
Interlocal Agreement with Kennedale for Rabies Control for 2 0 12-20,13 Page 5 f 9
w.
1 I w
LIABILITIES
A. To, the extent permitted by law, Kennedale shall be responsible for all work-related
deaths, i'njuries or diseases off"Kennedale employees, d. for property e, personal
in�j ury or dearth caused by Kennedale 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, arid, for property damage, personal injury or death
caused by City employees or volunteers relating to work provided pursuant to this
Agreement.
C Kennedale shall be responsible for all property damages, personal injuries and death
arising from e use o CI*ty and Kennedale equipment and vehicles caused by Kennedale
employees or volunteers pursuant to this Agreement Furthermore, Kennedale shall be
responsible for the repair or replacement of all such equipment and vehicles damaged,
destroyed, lost or stolen caused by Kennedale employees or volunteers during the
provision of services hereunder.
D. City shall be responsible for all property damages, personal injuries and death arisin.
ftom 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, des oyed, lust or stolen caused by City
employees or volunteers,during the provision ofservices hereunder.
11.
IMMUNITY & THIRD, TIES
A. it is expressly understood and agreed that in the execution of this Agreement, either
City nor Kennedale waives, nor shall be dee ed hereby to waive, y i mmunity or
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions.
B. Nothing ir" this Agreement shall be construed to benefit any third party other than an
employee or officer of.Kennedale or City while in the performance of this Agreement.
This Agreement may not be construed to expand the liability of City or Kennedal,e
beyond the scope of Chapter 101 of the Texas Civil Practice and Remedies Cade, unless
specifically stated herein.
12.
TERMINATION
It is ftirther agreed by and between City and Kennedale, that City and Ken. edale shall
each have the right to terminate this Agreement upon thirty days' written notice to the other
party.
Interlocal Agreement with Kennedale forRAbies Control for 2 Y 2.21113 Page 6 of
13
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.
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 Kennedale.,
15.
SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such *Invalidity, illegality,, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
construed as if such invalid illegal, or unenforceable provisions had never been contained
'he�rein.
16.
AUTHORITY
This Agreement is made for City and Keinnedale as an Interlocal Agreement pursuant to Chapter
791 of the Texas Government Code.
17.
AUTHORIZATION
The undersigned officer andlor agents of the parties, hereto are properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto, and each party hereby certifies, to the other that any necessary resolutions, extending such
authority have been duly passed and are now in full force and effect.
18"
F'O�RCE 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-,
national disasters; riots, material or labor restrictions; transportation problems- or any
lockouts., 1� 9 5
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 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
Interlocal Agreement with Kennedale for Rabies Control for 2012-2013 Page 7 of 9
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 term of -thl*s Agreement, the Fort Worth City
Council fails to appropriate funds sufficient for the City to fulfill its obfigations under this
0
Agreement, the City ay terminate this Agreement to be elective on the later of(i) thirty (30)
days following delivery to Kennedale of written notice of the City's, M* tention to terminate or 1
04)
the last,date for c
whih fundin
I g hasbeen appropriated by the City Council for the purposes set forth
in this Agreement.
20.
HOMELAND SECURITY
If the United States Department of Homeland Security issues a Level Ora or Level
Red Alert, City, in its sole discretion, may terminate the Agreement inn nediately.
101440
EXECUTED in tripficate this day of 20A_Zn
Tarrant County., Texas,.
CITY OF FORT WOE.TH CITY NEDALE
L9
SW. Dani'els BY#
Assistant City Manager ITS,:
APPROVED AS TO FORM APPROVED AS TO FORM
414
Art,hur N. Basher
Assistant City Attorney -X*->, volvir 4, City Attorney
00430, INS
M&C
0 t
ATTEST: XEs"r:
&NIAN10
ty Secretary
RD
City SecretAry
EE1"i
Interlocal Agreement with Kennedale for Rabies,controll for 2012-2013
IIEXHIBIT All
SCHEDULE OF FEES TO BE PAID BY KENNEDALE
DAILY B OARD FEE
Kenneling(per dog, cat or o,t,her small animal) $15.010 peer day
Quarantine (.pier animal), $20,00 per day
Quarantine fee (per animal) $100.00
IJEAD PREPARATION AND, SHIPMENT
Per Animal Head $100.00
EUTI-LkNIZATION AND DISPOSAL
Per animal $50.010
ADMINIST RATIO N "EE (per impounidment) $50.00
Interlocal Agreement with Kennedale for Rabies Control for 2012-2013 Page 9 of 9
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QuarIine Boarding Fee* $20-00 20-001
AdministratIve Fee Per Animal Quarantine* NIA $ 100.,00
Field Service Request $187.00 $ 87.00
Specimen Preparation and Shipment $ 100.00 $ 100.00
Administrative Fee Per Specimen Shipment N/A $25-CO
Emwgency Field Service Request $ 100.00 $1 100.00
Educ*lonal Presentations $ 70.00/hour $ 70.00/hour
NOTE A Due to l bd space at the Ofty aninial shelter, quarantine services will no longer be offered aftr
April 1 2013. All contra&ing,agencies were'Informed of this PMVISIon pn-or to October 2012.
1 1 VA "D an additional $55,650.00 'in associated nwenuas
t*s anticipated that the re 1sed fee schedule AM
in Fiscal Year 201 3 compared with Fiscal Year 2012.
EM CAS L,I R. ON
The Financial Management Services 01 r cer0files that the Code Compliance Department,Animal
Care and Control,Division, is reg*nsible for the colIection and deposit of funds due to the City.
CENjE.RS**
TO Fund/AqqgwflLCA
MQM Funaccoungco
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C-E R-TIFICATIONSA
AU IT fRr C'&manmel 9021 two Charift Daniels
0 rt ev H Brandon, Bennett (6345)
ft."n9.2lP#ft,.A-
Michael Camp, (7020)
Addi0mal Lr&,M@MICcmta Scott Hanlon (72041)
rot
N echme und.
Low ame.-23RABIES CONTROL VARIOUS MMCIPALITIES F/Y 201,13 N&A#7