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HomeMy WebLinkAboutContract 31166 �+ ;ITY SECRETARY NO. DILL STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § INTERLOCAL AGREEMENT FOR RABIES CONTROL THIS AGREEMENT by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "City", acting herein by and through Joe Paniagua, its duly authorized Assistant City Manager, and the City of Dalworthington Gardens, hereinafter called "Dalworthington Gardens", acting herein by and through Albert A. Taub , its duly authorized Mayor WITNESSETH : WHEREAS, VTCA Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among municipalities and counties for the performance of governmental functions; and WHEREAS, Chapter 826 of the Health and Safety Code, Vernon's Texas Codes Annotated, also known as the Rabies Control Act of 1981 (hereinafter referred to as "the Act"), 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 Board of Health; and WHEREAS, Section 826.016 of said Act authorizes a municipality to enter into agreements with public entities to carry out activities required or authorized under the Act; and WHEREAS, Dalworthington Gardens wishes to participate in an interlocal agreement with City for the purpose of limited rabies control in the City of Dalworthington Gardens; and WHEREAS, Dalworthington Gardens and City mutually desire to be subject to the provisions 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 Dalworthington Gardens whereby, subject to the terms and conditions hereinafter set forth and for the consideration specified below, City agrees to provide Dalworthington Gardens with limited rabies control services in the City of Dalworthington Gardens, and further that City agrees to provide impoundment and quarantine facilities for animals impounded and quarantined under this Agreement for the benefit of Dalworthington Gardens. rMyw".", � �,E aK r 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 Health and Safety Code, Vernon's Texas Codes Annotated. ANIMAL shall mean any living, vertebrate creature, domestic or wild, other than homo- sapiens. ANIMAL CARE AND CONTROL CENTER shall mean the facility operated by the City for the purpose of impounding and caring for animals as prescribed by law located at 4900 Martin Street, Fort Worth, Texas. 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, bobcat,jaguar, panther, leopard, cougar or other prohibited animal. DANGEROUS DOG shall mean a dog that makes an unprovoked attack on a person that causes bodily injury and occurs 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; 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 nervous system and usually transmitted by an animal bite. RULES shall mean the rules adopted by the Texas Board of Health 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. 2 Cl rf k i R FTS 3. TERM The term of this Agreement is for a period of one (1) year commencing on October 1, 2004, and ending on September 30, 2005. 4. SERVICES BY CITY A. Hours City agrees to perform the services annotated in Subsection B. below, for Dalworthington Gardens, within the City of Dalworthington Gardens, between the hours of 8:00 a.m, and 4:00 p.m. only, during the week days and weekends, excluding 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) Place animals delivered to it in rabies quarantine, or euthanize such animals for rabies testing; and (2) Process and ship animal heads for rabies testing which are presented by Dalworthington Gardens to the City. C. Impoundment of Animals City will impound animals delivered to the City's Animal Care and Control Center by Dalworthington Gardens. 5. DUTIES OF DALWORTHINGTON GARDENS A. Dalworthington Gardens 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. Dalworthington Gardens 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 of this Agreement, whose owners have failed or refused to place them for quarantine or testing. Dalworthington Gardens further agrees that City is not required to pursue the issuance and execution of such warrants. [ FT.U EK' 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 three (3) days, excluding the day it is impounded, unless released earlier to its owner. A quarantined animal shall be held or presented for testing according to the Act and the Rules. B. Prior to the expiration of the impoundment period, the City may destroy an impounded animal if the City's Director of Public Health or the Animal Care and Control Center's veterinarian recommends and approves such action. C. Impounded animals will be released to their owners upon: (1) Proof of ownership; (2) Proof of identification; (3) Payment of kenneling fees; (4) Purchase of a City license tag if the animal is a dog or cat and the owner resides within the City; and (5) Arranging for a rabies vaccination for the animal if it 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 impounded 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 euthanized, at the discretion of the City. E. All quarantined animals from Dalworthington Gardens not reclaimed by their owner will be euthanized, and Dalworthington Gardens will be billed for the cost of quarantine, euthanization and disposal. 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 Dalworthington Gardens as those terms are defined or used in Title 10, Health and Safety Code, Vernon's Texas Codes Annotated. 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 Dalworthington Gardens under the authority of Chapter 822 Subchapter 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. 4 ��� � " l FT. W'O UH, TER. D. City shall not impound stray animals if Dalworthin0on Gardens fails to enact and maintain rules or ordinances pursuant to Sections 826.015 and 826.033 of the Health and Safety Code, Vernon's Texas Codes Annotated, that require animals to 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 uniforms, vehicles, and equipment used by such employees for providing services under this Agreement. Dalworthington Gardens shall have no direct supervisory authority over such employees except in emergency situations where the exercise of supervision by Dalworthington Gardens becomes necessary for the resolution of the emergency. 9. CONSIDERATION A. As fair compensation for the services rendered by City to Dalworthington Gardens from October 1, 2004 through September 30, 2005, Dalworthington Gardens 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 Dalworthington Gardens 120 days written notice. Dalworthington Gardens will not pay City more than $ /,000, 00 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 providing such services. City agrees to provide the City of Dalworthington Gardens with an itemized monthly bill. Dalworthington Gardens agrees to promptly pay such bills upon presentation by the City, such payments to be made from current revenues available to Dalworthington Gardens, within thirty (30) days of receipt. In the event of the termination of this Agreement, City shall bill Dalworthington Gardens for any outstanding balance, regardless of the amount, and Dalworthington Gardens agrees to promptly pay such bill, within thirty (30) days of receipt. B. Pursuant to the requirements of Government Code § 791.011(d)(3), Vernon's Texas Codes Annotated, the amount due City under subparagraph A. above, shall be paid from revenues available to Dalworthington Gardens in fiscal year October 2004 through September 2005. 10. FEES CHARGED ANIMAL OWNERS Dalworthington Gardens hereby agrees that City may charge, or cause to be charged, the fees set out in "Exhibit B" to Dalworthington Gardens or the owners of animals which have been impounded or quarantined. "Exhibit B" is hereby incorporated as a part of this 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 Dalworthington Gardens 120 days written notice. If an animal's owner reclaims the animal and pays the kenneling fees, then the City will not charge Dalworthington Gardens 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 Dalworthington Gardens such fees. A check written by an owner in payment of these fees is considered a contingent payment. If the check written by an owner is subsequently dishonored, the check shall not be considered payment and Dalworthington Gardens shall be responsible to City for the fees. 11. LIABILITIES A. To the extent permitted by law, Dalworthington Gardens shall be responsible for all work-related deaths, injuries or diseases of Dalworthington Gardens employees, and, for property damage, personal injury or death caused by City of Dalworthington Gardens 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. Dalworthington Gardens shall be responsible for all property damages, personal injuries and death arising from the use of City and Dalworthington Gardens equipment and vehicles caused by Dalworthington Gardens employees or volunteers pursuant to this agreement. Furthermore, Dalworthington Gardens shall be responsible for the repair or replacement of all such equipment and vehicles damaged, destroyed, lost or stolen caused by Dalworthington Gardens employees or volunteers during the provision of services hereunder. D. City shall be responsible for all property damages, personal injuries 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. 12. IMMUNITY & THIRD PARTIES A. It is expressly understood and agreed that, in the execution of this Agreement, neither City nor Dalworthington Gardens 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. B. Nothing in this Agreement shall be construed to benefit any third party other than an employee or officer of Dalworthington Gardens or City while in the performance of this Agreement. This Agreement may not be construed to expand the liability of City or Dalworthington Gardens beyond the scope of Chapter 101 of the Texas Civil Practice and Remedies Code, Vernon's Texas Codes Annotated, unless specifically stated herein. 13. TERMINATION It is further agreed by and between City and Dalworthington Gardens, that City and Dalworthington Gardens 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 Dalworthington Gardens. 16. 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 herein. 17. AUTHORITY This Agreement is made for City and Dalworthington Gardens as an Interlocal Agreement pursuant to VTCA, Government Code, Chapter 791. C Ire FT. Wi"ON Hh, h is. 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. EXECUTED in triplicate this 21-St day of October , 2004, in Fort Worth, Tarrant County, Texas. CITY OF FORT WO CITY OF DALWORTHINGTON GARDENS Joe Pani u BY. ALBERT A. TAUB Assistan Ci an ger TITLE: MAYOR APPROVED AS TO FORM APPROVED AS TO FORM �Ass is t n t ttorney City ttorney WSTAN v1TLIES ATTEST: ATTEST: i Marty Hendrix 4City" retary . TTAIN City Secretary nr t r-a,. CRP20040916v I �uthoriza iox 7atr "EXHIBIT A" SCHEDULE OF FEES TO BE PAID BY DALWORTHINGTON GARDENS DAILY BOARD FEE Kenneling (per dog, cat or other small animal) $12.00 per day Quarantine (per animal) $18.00 per day SERVICE CALLS AND RABIES RESPONSE (Excluding head preparation and shipment) Per Staff Hourly Charge $56.00 HEAD PREPARATION AND SHIPMENT Per Animal Head $65.00 EUTHANIZATION AND DISPOSAL Per animal $12.00 Fp WON, � "EXHIBIT B" CITY'S ANIMAL CARE AND CONTROL DIVISION SCHEDULE OF FEES TO BE PAID BY ANIMAL OWNERS FOR RECLAIMED ANIMALS RABIES VACCINATION FEE Per reclaimed dog or cat $ 9.00 DAILY BOARD FEES: Kenneling (dog, cat, small animal) $12.00 per day Kenneling (other than dogs, cats or small animal) $12.00 per day Quarantined animals $18.00 per day 10 CITY City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/31/2004 DATE: Tuesday, August 31, 2004 LOG NAME: 50RABIESMUNI REFERENCE NO.: **C-20244 SUBJECT: Interlocal Agreement between the City of Fort Worth and Other Tarrant County Municipalities for the Purpose of Rabies Control and Rabies Specimen Shipment RECOMMENDATION: It is recommended that the City Council authorize the City Manager to accept and execute Interlocal Agreements between the City of Fort Worth and other Tarrant County municipalities for the purpose of rabies control and rabies specimen shipment from October 1, 2004, through September 30, 2005. DISCUSSION: The Animal Care and Control Division has historically assisted some Tarrant County municipalities in the processing and shipment of head specimens to the Bureau of Laboratories in Austin for the purpose of rabies control. Rabies control includes the kenneling of impounded animals and euthanization. The Texas Government Code, Chapter 791.011 provides that a local government may contract with another to perform "governmental functions and services". Under this Code, the City of Fort Worth Animal Care and Control Division may provide animal impoundment, boarding, quarantine, euthanization and disposal services to a municipality. In FY 2004, the City of Benbrook contracted for specimen shipment services. The Cities of Forest Hill, Kennedale, Edgecliff Village, Pantego and Dalworthington Gardens contract for boarding, quarantine, euthanization and disposal services. Municipalities desiring to contract for any of these services will be required to renew the agreement annually. The municipalities contracting with the City will pay for services in accordance with the fees shown below: SERVICE FEE Daily Board Fee $12.00 Quarantine Fee $18.00 Euthanization/Disposal Fee $12.00 Service Request $56.00 Emergency Service Request $65.00 Educational Services $56.00/hr Rabies Specimen Shipment $65.00 The Animal Care and Control Center will accept delivery of dogs, cats, ferrets, or non-prohibited animals and wild animals in cages between the hours of 8:00 a.m. and 5:00 p.m. daily. The Animal Care and Control Division will respond to requests for service from 8:00 a.m. until 4:00 p.m. daily. Pet owners reclaiming their animals from the Animal Care and Control Center will be required to provide proof of ownership of the animals, present photo identification, and pay the appropriate fees for reclamation or provide a copy of a receipt showing payment of fees to the contracting city. Furthermore, pet owners who live in the City of Fort Worth whose animals are impounded in other municipalities and brought to the T rt""Q i C()D A DTD01k.f7 T%TT