HomeMy WebLinkAboutContract 44601STATE OF TEXAS
COUNTY OF TARRANT
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INTERLOCAL AGREEMENT FOR RABIES CONTROL
THIS AGREEMENT is inade and entered into by and between the City of Foi-t Worth, a
home-r•ule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas,
acting by aizd through its duly authorized Assistant City Manager (hereinafter refei-�•ed to as
"City"), and the City of Blue Mound, Texas, a Type A general law municipal corporation located
in Tarrant County, Texas, acting by and through its duly authorized
���,� (hereinafter referred to as `Blue Mound").
WITNESSETH:
WHEREAS, Chapter 791 of the Texas Government Code authorizes the foimulation of
interlocal cooperation agreements between aud ainong inunicipalities and counties for the
perfoimance of goverrunental functions; 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 "AcY'), requires governing bodies of
each inunicipality to designate a local rabies control authority to enforce the Act and ininimum
standards for rabies control adopted by the Texas Department of State Health Services; and
WHEREAS, Section 826.016 of said Act authorizes a municipality to enter into
agreements with public entities to cai7�y out activities required or authorized under the Act; and
WHEREAS, Blue Mound wishes to pai�ticipate in an interlocal agreement with City for
the purpose of limited rabies control in the City of Blue Mound; and
WHEREAS, Blue Mound and City mutually desire to be subject to the provisions of
Chapter 791 of the Texas Govermnent 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 City and
Blue Mound whereby, subject to the terms and conditions hereinafter set forth and consideration
specified below, City agrees to provide Blue Mound with limited rabies control services, and
further that City agrees to provide for the impoundment and quarantine facilities for animals
iinpounded and quarantined under this Agreement for the benefit o
Interlocal Agreement �a�ith Blue Mound for Rabies Control for2012-2013
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2.
DEFINITION
For the�purposes of this Agreelnent, 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
ilnpounding and caring for aniinals as prescribed by law.
BITE shall inean a bite or scratch capable of transmitting rabies, which is inflicted by an
animal on a human.
CAT shall mean a coinmonly doinesticated member of the Felidae (feline) fainily, other
than a lion, tiger, bobcat, jaguar, panther, leopard, cougar, or other prohibited aniinal.
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 froin
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 froin leaving the enclosure on its own and those acts cause a person to
reasonably believe that the dog wi11 attack and cause bodily uijury to that person.
DAY shall mean a calendar day or any part thereof.
DOG shall mean canis familiaris.
QUARANTINE shall inean the strict confinement of a biting animal, in accordance with
the Act and the Rules.
RABIES shall mean an acute viral disease of inan 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 Seivices
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 A�•eement �vith Blue Mound foi• Rabies Conh•ol for 2012-2013 Page 2 of 10
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5.
DUTIES OF BLUE MOUND
A. Blue Mound 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. Blue Mound ag�•ees that it will provide prompt response by the Blue Mound Police Office
to calls for assistance by the City when performing services under this A�•eement.
C. Blue Mound 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 Agreelnent, whose owners have failed or refused to
place them for quarantine or testing. Blue Mound further agrees that City is not required
to pursue the issuance and execution of such warrants.
6.
IMPOUNDMENT AND DISPOSITION OF ANIMALS
A. A live, stray animal impounded by the City under this Agreeinent shall be held for a
period of not less than 72 hours unless released earlier to its owner. Prior to April 1,
2013 a quarantined animal shall be held or presented for testing according to flie Act and
the Rules. After April 1, 2013 the city will only provide the rabies response listed in
paragraph 4C(2).
B. Prior to the expir•ation of the impoundlnent period, the City inay destroy an impounded
animal if the Superintendent of the Aniinal Care and Control Division or the Animal Care
and Control Center's veterinarian recoinmends and approves such action.
C. Iinpounded aniinals will be released to their owners upon:
(1) Proof of identification;
(2) Receipt or other proof of payment to Blue Mound of kenneling, quarantine or
other fees required by Blue Mound;
(3) Purchase of a City license tag if the animal is a dog or cat and the owner resides
within the City;
(4) Arranging for a rabies vaccination for the animal if it is a dog or a cat and its
vaccination is not current and the owner resides within the City.
D. The ownership of iinpounded aniinals 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, transferred to other animal welfare agencies or euthanized, at the discretion
of the City.
E. All quarantined animals from Blue Mound not reclailned by their owner will be
euthanized and Blue Mound will be billed for the cost of quarantine, euthaiuzation, and
disposal.
Interlocal Agreement with Blue Mound for Rabies Control for 2012-2013 Page 4 of 10
F. Blue Mound will be billed for boarding of all impounded aniinals delivered by Blue
Mound for the number of days held during the iinpoundinent period and/or for the
number of days held up to the date reclaimed by the owner. A$100.00 quarantine fee will
be charged on all aniinals placed into quarantine, and a$50.00 administrative fee will be
charged oii all animal impoundinents. The number of days, for billing purposes, will
begin on the day that the animal is impounded.
7.
EXCLUSIONS
A. Nothing in this Agreeinent shall be deemed as designating the City or an officer or
einployee of the City as the "local health authority" or "local rabies control authority" of
Blue Mound as those terins 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 Blue
Mound under the authority of Chapter 822 Subchapter D. of the Texas Health and Safety
Code.
C. Citv shall not patrol for or impound stray animals if Blue Mound fails to enact and
maintain rules or ordinances pursuant to Sections 826.015 and 826.033 of the Texas
Health and Safetv Code that require animals to be restrained at all times.
8.
SPONSIBILITY FOR EMPLOYEES
City ernployees who provide services under this Agreement are deemed to be City
employees when providing such seivices. City will exercise complete control over the hiring,
training, supervision, and conduct of such employees. City will be responsible for a11 wages and
applicable payroll deductions, unemployment taxes, workeis' compensation insurance,
vacations, holidays, and fringe benefits for such employees and for all uniforms, vehicles, and
equipment (except as provided in Paragraph 5(D) of this Agreement) used by such employees for
providing seivices under this Agreement. Blue Mound shall have no direct supervisory authority
over such einployees except in emergency situations where the exercise of supervision by Blue
Mound becomes necessary. Regarding workers' cornpensation insurance, the City shall not
waive its right to subrogate against Blue Mound for losses incui7•ed in the course of City's
services rendered to Blue Mound under this Agreement.
Interloca) Agreement with B)ue Moui�d for Rabies Control for 2012-2013 Page 5 of ] 0
9.
COMPENSATION
A. As fair compensation for the seivices rendered by City to Blue Mound fi•om October l, 2012
through September 30, 2013, Blue Mound agrees to pay City for its services based on the
schedule attached hereto as "Exhibit A", which is hereby incorporated as a part of this
Agreeinent 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 Blue Mound 120 days notice. Blue Mound will
not pay City inore than $ total for services during the te��n of this Agreement,
and when such amount is reached, City will cease providing such seivices. City agrees to
provide Blue Mound with an itemized inonthly bill. Blue Mound agrees to promptly pay
such bills upon presentation by the City, such payinents to be made fi•om cui-�•ent revenues
available to Blue Mound. In the event of the terinination of this Agreement, City shall bill
Blue Mound for any outstanding balance, regardless of the amount, and Blue Mound agrees
to proinptly pay such bill.
B. Pursuant to the requirements of Section 791.011 (d)(3) of the Texas Government Code, the
amount due City under subparagi�aph A. above shall be paid from revenues available to Blue
Mound in fiscal year October 2012 through September 2013.
10.
LIABILITIES
A. To the extent pei7nitted by law, Blue Mound shall be responsible for all worlc-related
deaths, injuries or diseases of Blue Mound employees, and for property dainage, personal
injuiy or death caused by such employees, relatiiig to work provided pursuant to this
Agreement.
B. To the extent pei-�nitted 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 employees or volunteers relating to work provided pursuant to this
Agreement.
C. Blue Mound shall be responsible for all property dainages, personal injuries and death
caused by the use of City and Blue Mound equipment and vehicles pursuant to this
Agreement. Furthei-�nore, Blue Mound shall be responsible for the repair or replacement
of all such equipinent and vehicles dainaged, destroyed, lost or stolen by Blue Mound
einployees or volunteers during the provision of se�vices hereunder.
D. City shall be responsible foi� all property damages, personal injuries and death caused by
the use of City equipment and vehicles caused by City employees or volunteers puisuant
to this Agreement. Furthermore, City shall be responsible for the repair or replacement
of all such equipinent and vehicles dainaged, destroyed, lost or stolen caused by City
employees or volunteers during the provision of services hereunder.
Interlocal Agreement �vith Blue Mound for Rabies Contro] for 2012-2013 Page 6 of 10
11.
IMMUNITY & THIRD PARTIES
A. Blue Mound expressly waives its right to assei�t immunity from suit for a claim forming
the basis of a suit between the City and Blue Mound alleging a breach of this Agreement.
Blue Mound does this as consideration for the City's offer to enter into this Contract with
Blue Mound. No third party may use tlus waiver in aily way and no waivei- of iillinunity
in favor of a third party is intended by this Agreement.
B. Nothing in this A�•eement shall be construed to benefit any third pai�ty other than an
enlployee oi- officer of Blue Mound or City while in the perfoi�nance of this Agreement.
This Agreeinent inay not be construed to expaild the liability of City or Blue Mound
beyond the scope of chapter 101 of the Texas Civil Practice and Remedies Code unless
specifically stated herein.
12.
TERMINATION
It is further agreed by and between City and Blue Mound that City and Blue Mound shall
each have the riglit to terminate this Agreement upon thirty (30) days written notice to the other
par�ty.
13.
ENTIRETY
This Agreement coiztains all conlmitments and agreements of the parties hereto, and no
other oral or written coinmitments shall have any force or effect if not contained herein.
14.
MODIFICATION
This Agreernent lnay be inodified by the mutual agreement of the parties, if the
modification is in writing and signed by City and Blue Mound.
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 pz•ovision thereof and this Agreeinent shall be
construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
lnterlocal Agi•eement �vitl� Blue Mound for Rabies Conh�ol for 2012-20] 3 Page 7 of 10
� 16.
AUTHORITY
This Agreement is made for City and Blue Mound as an Interlocal Agreement pursuant 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 authority to execute this Agreeinent on behalf of the pai-ties
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
perfoi-�nance of any obligations hereunder is delayed by reason of war; civil commotion; acts of
God; inclement weather; governinental restrictions, regulations, or interferences; fires; strikes;
lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any
other circumstances which are reasonably beyond the control of the pai-ty obligated or pennitted
under the terms of this Agreeinent to do or perfonn the same, regardless of whether any such
circumstance is siinilar to any of those enuinerated or not, the party so obligated or pei7nitted
shall be excused from doing or perfonning 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
tiine equal to the period such party was delayed.
19.
FISCAL FUNDING LIMITATION
If for any reason, at auy time during any tei-�n of this Agreemeilt, 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 (i) thirty (30)
days following delivery to Blue Mound of written notice of the City's intention to tenninate or (ii)
the last date for which funding has been appropriated by the City Council for the purposes set foi�th
in this Agreement.
20.
HOMELAND SECURITY
If the United States Department of Homeland Security issues a Level Orange or Level
Red Alert, City, in its sole discretion, may tei7ninate the Lease ilnmediately.
Interlocal Agreement witl� Bluc Mound for Rabies Conh•ol foi• 2012-2013 Page 8 of 10
EXECUTED in triplicate this ,�/ 5� day of �aty , 20%3, in Tarrant
County, Texas, �
CITY OF FORT WORTH
CITY OF BLUE MOUND
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-1es W. Daniels '
Assistant City Manager ITS:
APPROVED AS TO FORM
�j�v v�--. �
Arthur N. Bashor
Assistant City Attonley
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APPROVED AS TO FORM
City Attorney
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In�4�rcFa1 Agreement ���ith Blue Mound for Rabies Conh•ol for 2012-2013
�FFICIA6. it�C�iBD
�lTii SEC�[�����'
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"EXHIBIT A"
SCHEDULE OF FEES PAID BY COUNTY
DAILY BOARD FEE
Kei�neling (per dog, cat or other sinall animal)
Quarantine (per anilnal)
Quarantine fee (per auimal)
SERVICE CALLS AND RABIES RESPONSE
(Excluding head preparation and shipment)
Per Request
HEAD PREPARATION AND SHIPMENT
Per Animal Head
EDUCATIONAL SERVICES
Per Staff Hourly Charge
EUTHANIZATION AND DISPOSAL
Per animal
$15.00 per day
$20.00 per day
$100.00
$87.00
$100.00
$70.00
$50.00
AFTER-HOURS WEEKEND AND EMERGENCY ANIMAL CONTROL RESPONSE
Per Request $100.00
ADMINISTRATIVE FEE (per impoundinent)
$50.00
Interlocal Agreement ���ith B1ue Mound for Rabies Conh•ol for 2012-2013 Page ] 0 of 10
M&C Review
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O�firi�l sikf� af the (:ity c�f Fort Woiti7, Texas
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COUNCIL ACTION: Approved on 4/23/2013
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REFERENCE ** 23RABIES CONTROL
DATE: 4/23/2013 N� : C-26212 LOG NAME: VARIOUS MUNICIPALITIES F/Y
2013
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Interlocal Agreements with Tarrant County and Various
Municipalities for the Purpose of Providing Animal and Rabies Control Services and Rabies
Specimen Shipment During Fiscal Year 2013 (A�L COUNCIL DISTRICTS)
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RECOMMENDATION:
It is recommended that the City Council authorize the execution of interlocal Agreements with Tarrant
County and various municipalities within the county for the purpose of providing limited animal and
rabies control and rabies specimen shipment from October 1, 2012 through September 30, 2013.
DISCUSSION:
The Code Compliance Department, Animal Care and Control Division, has historically assisted Tarrant
County and various 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. Services associated with processing specimens include the kenneling of impounded
animals, euthanization, disposal services and specimen shipping. Section 791.011 of the Texas
Government Code provides that a local government may contract with another local government to
perform "governmental functions and services," which includes functions and services related to public
health and welfare. Under this provision, the City of Fort Worth may enter into an interlocal Agreement
so that the Animal Care and Control Division may provide animal control, animal impoundment,
boarding, quarantine, euthanization and disposal services to a municipality.
This Mayor and Council Communication will authorize interlocal Agreements for Fiscal Year 2013 with
the following entities: the City of Benbrook is contracting for specimen shipment services; the Cities of
Forest Hill, Kennedale, Edgecliff Village, Pantego and Dalworthington Gardens are contracting for
boarding, quarantine, specimen shipping, euthanization and disposal services; the City of Blue Mound
and Tarrant County are contracting for the services listed above plus periodic routine animal control
services by request. Municipalities desiring to contract for any of these services are required to
execute a new Agreement annually.
Due to the increasing costs of providing Animal Care and Control services to other jurisdictions, there
are fee increases and new fees associated with each contract renewal.
The revised fee schedule for Fiscal Year 2013 is as follows:
SERVICE
Administrative Fee Per Animal Impoundment
Daily Boarding Fee
Euthanasia/Disposal Fee
Quarantine Boarding Fee*
Administrative Fee Per Animal Quarantine*
Field Service Request
Specimen Preparation and Shipment
Administrative Fee Per Specimen Shipment
Emergency Field Service Request
F/Y 2012 Fee
N/A
$ 15.00
$ 15.00
$ 20.00
N/A
$ 87.00
$ 100.00
N/A
$ 100.00
F/Y 2013 Fee
$ 50.00
$ 15.00
$ 50.00
$ 20.00
$ 100.00
$ 87.00
$ 100.00
$ 25.00
$ 100.00
http://apps.cfwnet.org/council�acket/mc review.asp?ID=17913&councildate=4/23/2013 6/28/2013
M&C Review
Page 2 of 2
Educational Presentations $ 70.00/hour $ 70.00/hour
NOTE: Due to limited space at the City animal shelter, quarantine services will no longer be offered
after April 1, 2013. All contracting agencies were informed of this provision prior to October 2012.
It is anticipated 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 INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Code Compliance Department, Animal
Care and Control Division, is responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Originatinq Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
Charles Daniels (6199)
Brandon Bennett (6345)
Michael Camp (7020)
Scott Hanlan (7204)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=17913&councildate=4/23/2013 6/28/2013