HomeMy WebLinkAboutContract 27154� d
CITY s�c�EiA�Y : ; , . `,
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SiATE, O� TEXAS §
§
COUNiII�S OF iARRAf�i §
AfVD ��fV�ON §
1N7'��t�OCl�� AGI���IV��iVT FOF� RA�I�S COfVTROL
THIS AGREEMENT by and between the City of Fort Worth, a home-rule municipal
corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "C9ty", acting
herein by and through Libby Watson, its duly authorized Assistant City Manager, and the City of
Haslet, here�nafter called "Haslef', acting herein by and through Gary Hufsey, ifs duEy authorized
Mayar.
WITNESSETH:
WHEREAS, VTCA, Governmenf Code, Chapier 791, authorizes the formulation of
interlocal cooperation agreements between and among municipalities and counties; for the
performance of gov�rnmental fvnctions and
WHEREAS, Chapter 826 of the H�alth and Safety Cade, Vernan's Texas Codes
Annofated, also known as the Rabies Control Act of 1981, rec�uires gaverning bodies of each
municipality to designate a loca[ 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 af said Act authorizes a municipality ta enter into
agreements with public entities to carry out activities required or authorized under tl�e Act; and
WHEREAS, Hasfett wishes to participate in an interlocal agreement with City for the
purpase of limited rabies control in the City of Haslet; and
WHEREAS, Haslet and Cify mutually desire to be subject to the provisions of VTCA,
Government Code, Chapter i91, also known as the Interlocal Cooperation Act;
NOW, THEREFORE, it is agreed as follows;
1.
PURP05E
The purpose of this InterEocal Agreement is to enter into an agreement beiweer� City and
Haslet whereby, subject to the terms and cor�ditions hereinafter set farth and considerafion
specified below, City agre�s to provide Haslet with limited ra�ies control seivices in the City of
Haslet, and further ihat City agrees to pro�ide for the impoundment and quarantine facilities for
animals impounded and quarantined under this Agreement for the benefit of Haslet aEone and to
act as the locai rabies cantrol authority for ihe City of Haslet.
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2.
DEFINITiONS
For the purposes of this agreement, the following definitions shall apply;
AC'� shall m�an the Rabies Control Act of 1981, codified as Chapter 826 of fhe Hea[th
and Safety Code, Vernon's Texas Cod�s Annotated.
ANIM�4� shall mean a warm-blooded anima�.
�I�'� shall mean a bite or scratch capable of transmifting rabies, w�ich is inflicted by an
animal on a human.
�p►iVC�ROUS �OG shall mean a dag that makes an unprovoked attack on a person
thai causes bodily injury a�d flccurs in a piaca other fhan an enclosure in which the dog
�rvas being kept and that was reasonably certain to prevent the dog from leaving the
enclosure on its own; or a dog that cammits unprovoked acts in a place other than an
enclosure in which ihe dog was being kept and tF�at was reasonably eertain to prevent
fhe dog fram leaving the �nclosure an its �wn.
�AY shall mean a calendar day or any part thereof.
DO� shall mean canis familiaris.
QUl�R/�iVi[N� shall mean the strict confinement of a biting animal, in accordance with
the Act and the Rules.
RAe�I�S shall mean an acute viral disease of mar� and animal affecting the centraf
nervous system and usually transmitted by an animal bite.
RU��S sF�all mea� the rules adopted by the Texas Baard of Health for rabies cantrol
and eradication under 25 TAC § 169.29 et seq.
SiRAY shall mean roaming with no ��ysical restraint beyond the premises of an
animal's owner or keeper.
3.
TERM
The term of this Agreement is for a period af one {1} year cammencing on October 1,
2001 and ending on September 30, 2002.
Page2af10
4.
SERVICES BY CITY
A. HoUrs
City agrees to perform the services in Subsection B., C., D. and E, for Haslet in the City
of Haslet, between the hours of 8:Oa a,m. and 4:00 p.m. only, Mondays through Fridays
anly and exciuding holidays, with na after hours service provided.
B. Calls For Service
City will screen and respond to the following incoming calls in tf�e manner and to fhe
�xtent that it deems appropriate, including but not limited ta the impoundment of stray
animals, the euthanizing of sick or injured animals, and the killing af animals v�vhich
cannot be captured safely and which present an immediate threat to ff�e healfh or safety
of humans ar domestic animals:
(1) Reports of stray injured animals;
(2) Reports of stray dangero�s dogs by handicapped or elderly citizens,
(3} Reports by off�cials af public or private elementary and sacondary schaals
of stray animals upon or near school property; and
(4} Requests by Haslet ta patrol for stray animals in specific areas on a
limited basis.
C. Rabies Res op nse
In the manner and to the extent that it deems appropriate and in accordance with the
Rules and fhe Aci, City will:
{1 } Screen incoming calls, take reports and investigate such reports of bites
or of animals tnat are suspected of being rabid;
(2) P{ace animals referred to it in C(1) above ir� rabies quarantine or
eufihanize such animals for rabies testing;
(3) Process and ship other animal heads for rabies testing which are
presented by Haslet to the City; and
(4) Provide surveillance and trapping of suspect�d L�ite animals and of
animals that are suspected of being rabid.
D, Educatianal Services
City wili provide, upon written request by Haslet, educational programs and speakers on
the topic of rabies contrai and eradicafion.
Page 3 of 1 D
5.
DUTIES OF HASLET
A. Hasle# agrees that it will retain all responsi�ility for enforcement of al[ aspects of ff�e Act
not covered in Paragraph 4 of this Agreem�nt, including crimina! enfarcement.
�. Haslei agrees that it wil[ 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 4C of this Agreemenfi, whose owners f�ave failed or refus�d to p[ace
them for quarantine or testing. Hasl�t further agrees that City is not required to pursue
ihe issuance ar�d �xecution of such warrants.
C. Haslet agrees to pro�ide City with three (3) dog �raps and six (6) cat traps at the
commencement of this Agre�ment and will replace any of suc� traps fhat are stofen or
destroyed within 3d days during the term af this Agreement. If this agreemertt is not
renewed, such traps will be returned ta Haslet.
6.
IMPOUNDM�NT AN❑ DISP051TION OF ANIMALS
A. A live, s�ray animal impounded by the City und�r this Agreement shall be he[d far a
period of n�t less than three (3) days, exclucling the day it is impounded, unless released
earlier to its owner, A c{uarantined animal shal� be he[d or presented for testing
according to the Act and ihe Rufes. If the animal is praperly tagged, fhe City shall
cantact and notify the own�r that the animal has been impound�d.
B. Prior to the expiration of the impaundment periad, the City may destroy an impound�d
animal if the Director of Public Health of the City or the Animal Care and Control Center"s
veterinarian recommends and approves suc� action.
C. Impo�nded animals �rvill be released to their owners upon:
{1 } Proof of ownership;
�2) F'roof of identificatian;
(3} Payment of kenneling f��s;
{4} Purchase of a City license tag if th� animal is a dog or cat and the awner resides
within the City; ar�d
{�} Arranging for a rabies vaccination for khe animal if it is a dog or a cat and its
vaccination is nat current.
D. The ownership of impounded animals that have nat been released to iheir owners an fhe
expiratian of the impoundment periad rev�rts to the City, and the animals may be pEaced
far adoption ar euthanized, at the discretion of the City.
E. AI1 quarantined animals from Nas�et not reclaimed by their owner will be euthanized and
Haslet wifl be billed for the cast of quaranfine, euthanization and disposal,
Page4of10
7.
EXCLUSIONS
A. Nothing in this Agreement shall be deemed as desigr�afing the City or an afficer or
employee of the City as the "local health authority" or "'foca[ rabies control authority" of
the City of Haslef as those terms are defined or used in Title 10, Health and Safety
Code, Vernon's Texas Cades Annotated.
B. Nothing in this Agreement sha[I be deemed as requiring the City to in�estigate reports af
dangerous dogs, to register dan�erous dogs, or off�erwise regulate dang�rous dogs in
#he City of Haslet, under the aufhority of Chapfer 822 Subcha�ter D. of the Healfh and
Safe�y Cflde, V�rnon's Texas Codes Annotated.
C. Notfring in this Agreement shall be deemed as requiring �F�e city to quarantine or present
for testing domestie animals that have been �iiten by or directly exposed by physical
contact ta a rabid animal or its fr�sh tissues.
D. Cit�v shall �ot qa�rol for andlar imqound stra� anima[s if baslet fails to enac� and
maintain rules or ordinances aursuant �o Section 82fi.015 and 826.0.33 of the Acfi;
that require animals to be restrained at all times.
8.
RESPONSIBILITY FOR EMPLOYEES
City employees wf�o provid� services under this Agreement are deemed to be City
emplayees when providing such services. City will exercise c�mplete control o�er the hiring,
training, supervision, and conduct of such employees. City will be r�sponsible for al1 wages and
applicable payrnll deductians, unemployment taxes, workers' compensaiion insurance,
�acations, holidays, and frit�ge benefits for such employees and for a11 uniforms, vehicles, and
equipment {except as provided in Paragraph 5(D) of this Agreement) used by such employees
far pro�iding services under this Agreement. Haslet shall ha�e na direct supervisory authority
over such emplayees axcepf in emergency situatians where the exercise of supervision by
Haslet becomes necessary, Regarding workers' compensation insurance, the City shall not
waive its right to subrngate against Haslei far lasses ir�currec! in the course of City's services
rendered to Haslet under this agreement.
9.
CONSID�RATION
A. As fair compensation for the services rendered by City ta Haslet from Oc#ab�r 1, 240'f
fhrough S�ptember 30, 2002, Haslet agrees ta pay City for its services based on the
scheduEe attached hereto as "Exhibif A", which is hereby incor�orated as a part of this
Agreeme�t 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 Haslet 920 days notice. Haslet will not pay City
more than $2,50D.00 total for services during the term of this Agreement, and when such
amount is reached, City will cease praviding such services. City agrees to provide the City
of Haslet with an itemized monthly bill. Hasfet agrees to promptly pay such bills �pon
presentation by the City, s�ch payments to be made from current revenues avaiiable to
Haslet. In the event of the termination of this Agre�ment, City shall bill Haslet for any
outstanding balance, regardless of the amount, and Haslet agrees fo promptly pay such bill.
Page5of10
B. Pursuant ta the requirements af Government Code § 79�.011(d)(3), the amaunt due City
under subparagraph A. above shall b� paid from r�venues availa6le to Haslet in fiscal year
2001 through 2Q02.
'{ 0.
FEES CHARGED ANIMAL OWNERS
Haslet hereby agrees that City may charge, or cause fo be charged, the fees set out in
"�xhibit B" to the owners of animals which hav� been impounded or quarantined. "Exhi�it 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 af this agreement by giving Haslet 120 days
notice. If an animaf"s owner reclaims the animal and pays the kenneling fees, then the City will
not charge Haslet for kenneling sueh animal under the Fee Schedule in "�xhibit A". Ifi a
quarantined animal's owner reclaims the animal and pays the quarantine fees, then the City will
not charge Haslet such fees. A check written by an owner in payment af tnese fees is
considered a cor�tingent payment. If the check written �y an owner is subsequentfy dishonored,
the ci�eck shall not be cansidered payment and Haslet sl�all be respo�sible to Cit�r for the �ees.
11.
L IAB I LITY
A. To the extent permitted by law, Haslet shall be responsible for all work-related deaths,
injuries or diseases of Ciiy em�loyees, and, far property damage, personal injury or
death caused by Ci�y of Hasle# employees or volunteers, relati�g to work provided
pursuant to this agreement.
B. To the extent permitted by law, City shall be responsible for al[ work-related deaths,
injuries ar diseases of City employees, and, for property dam�ge, personai in�ury or
death caused by Ciiy's own employees or volunteers, relating to work provided pursuant
to this agreement.
C. Haslet shalf be responsible for all property damages, persona! in�uries a�d death arising
from the use of City equipmen� and vehicl�s caused by Haslet employees or volunteers
pursuant to this agreement. Furthermore, Haslet shall be responsible for the repair or
repfacement af all such equipment and vehicles damaged, destroyed, last or stolen
ca�sed by Haslet empl�yees or �olunfeers during the provision of services hereunder.
D. City shall be respansible for all property damages, personal fnjuri�s and death arising
from the use of City equipment and vehicles caused by City employees or volunteers
pursuant to this agreement. Furthermore, City shal� also be responsible for the repair or
replacement of all such equipment and vehicfes damaged, destroyed, [ast or stolen
cau�ed by City employees or volunteers during the provision of seTvices hereunder.
12.
IMMUNITY & THIRD PARTIES
A. It ks express�y understoad and agreed thak, in the execution of ihis Agreement, neiit�er
City nor Haslet waives, nor shall be deemed hereby to waive, any immunity or defense
that woufd atherwise be availabla to it agair�st claims arising in the exercise of
governmentaf p�wers and functions.
Page 6 of 10
B. Nothing in #his agreement shafl be canstr�ed to benefi# any third party other than an
employ�e ar afficer af Has�et or Ciiy while in the perfarmance of this agreement. This
agreement may not be cor�strued to expand the liabilify af Ciiy or Haslet beyond the
scope of chap�er �01 of the Texas Civil Practice and Remedies Code unless specificaEly
stated herein.
�3.
TERMINATION
lt is further agreed by and between City and Haslet that City and Haslet shall each ha�e
the right to terminate this Agreement upon thirty (30} days written notice to the other par�y.
�4.
ENTiRETY
Tf�is Agreement contains a11 commitments and agreements of t�e parties hereta, and no
other aral or wriiten 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 Haslet.
16.
SEVERABILITY
In case any one or mare of the provisions contained in this Agreement shal[ far any
reason be held to be invalid, illegal, ar unenfarcea�[e in any respect, such invalidity, i[legality, or
unenforceabili#y shall not affect any other pro�ision thereof and this Agreement shall be
construed as if such invalid, illegal, or unenfarceabfe provisians had never been contained
herein.
17.
AUTHORITY
This Agreement is made for City and Haslet as an Interlocal Agreement pursuant to
VTCA, Go�ernment Cade, Chapter 799 .
18.
AUTHORIZATION
The undersigned officer andlor agents of the parties hereto are properly authoriz�d
officials and have ihe nec�ssary authority to execu#e i�is Agreem�nt on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary resalutions extending
such autharity have been duly passed and are now in full farce and effect.
Page 7 of 1 Q
Texas.
EX�CUTED in triplicate this 8th day of Octaber, 2001, in Fort Worth, Tarrant Caunty,
C1TY FORT W�RTH
L.i by Wats n
Assistant City Manager
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ATTEST:
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C
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FORM A PROVED AS T �R
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�y � City Attorney
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,L/ � " '` '
loria Pea on
City Secr ary
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Contr�ct Ruthorization
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Da�e
ATTEST:
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S dy Hart -�
City Secretary
CRL2001 '[ 001 v3
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Page 8 of 10
"Exhibit A"
SCH��IJLE OF FEES PAID BY HASLET
DAILY BOARD FEE
Kenneling (per dog, cat or Qther small animal)
Quarantine {per animal)
SERVICE CALLS AND RABIES RESPONSE
{�xc[uding head preparation and shipment)
Per S#aff Haurly Charge
HEAD PREPARATION AND SHIPM�NT
Per Animal Head
EDUCATIONAL SERVICES
Per Staff Hourly Charge
EUTHANlZATION AND pISPOSAL
Per animal
$12.�0 per day
$18.00 per day
$5fi.00
$56.00
$�6.00
$12.00
Page 9 of 10
�
"EXHIBIT B"
CITY'S ANIMAL CARE AND CONTROL'S SCHEDULE OF
FEES TO BE PAID BY ANIMAL OWNERS FOR RECl.AIM�D ANIMALS
RABIES VACCINATION FEE
Per reclaimed dog or cat
DAILY BOARD FEES:
Kenneling (dog, cat, small animal)
Kenne[ing (other than dags, cats or small animal)
Quarantined animals
E�•li
$12.00 per day
$12.00 per day
$18.00 per day
Page 10 of 10
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RE��i�,+lMEi�DA�I(7�1:
It is ���om�nend�d tl�ai l�e �it� �oi.�ncff �t�il�or�ze t�� �iiy� 11rl�nag�r to acc��t anci c�x�cut� an �nter�o�a1
agr���n��i l��tk�eer� th� �it� of ��rt Wo�EI� a��d �rl��r T��ra�t �a���ty r�r�ni�f�a�lii�� �ar the purp�se of
rabies ��ntr�i a��d an�kx�al r�aad sr�iprr��rtt fr�rr� ���ober �,��0'C t��oug� �ept�rr�b�r ��, ����.
DIS��S�f�N;
�`h� �nim�l �on#rol I�i�i�lon has Y�i�tarically a��ist�d same.5 Tarr�r�k �aur�f�r m�an���paliii�s in t�e
prac��sir�� �nd shi}�mee�t o� l���d s���imor�s to Ehe Bur��u o� L.abor�i�r��� In l�u�lin. Texas f�r l�e
pufipase o� r�bies ����trol. Ral���s conlr�l �n�ludes Eh� kerrneGin� af i�pa�,r�d�d �r�GrnaG� �nd
vuth�r���ali�n. 1�#�� T�x�s �ov��nm�n# �odc, �hap��r 7�� .0 � 1 prav{des th�t a���al gove�rrmer�! rr�a�
cont�ac� wi�h �noth�� to �er��rrn w�o�re�n�te�l�� fur�cti�ns r�nd s��°vi���"_ Un�le� lhis c�de, �h� �if�+'s
Ar�imsl �ontr�l Dl�risaon m�� �{o►�idv ar�imal irr7p�undm�r�l, euki�an�za�ion ancf c�ispasa� �ervi��s to a
m�nicip�lii�. ih� ��ly o# Hasl�t c�,rrenll�r contra�t� f�r Ilrnitec� r�t�ies cont��l servi��s. �`�� citi�s af
Kertnedal� ar�d Benbr�c�1� ca�tr��� �or c��afa�r#in� an� animal F���d shi���er�x �er+rR�es. Muni�ip�li#ie�
deslring #� cor�lract for any of t���se servic�� �rill he r�quir�d to r��ew l�e agr���ne�t an��ally.
In i�a�r ����. �t #�e req��s� of �he Pubii� H�aith De�a�t�er�t, kh� �ity'� Interr�a€ ll�dit De�a�#mor�t
c�rrdu���� ar� audit of �n���aM ��rrtral s�rvf�es ��sks. Th� lnter��l Is,u�li I�e�ar�rrEer�f a��ise�i the P�t�lf�
Heal�rw ��pa�trr�en� ll�at la�e fee f�r ��rvtce ����on�a and edt€c�#ion�� �ervices f�r �nincorporai�c� �rea�
�f Tarr�nt ��ur�t� a�d �t�r�r m�e�icipali�i�� shauw� i�rc�c���� from ��� to $5� ir� ��dae to r�caver sarvice
�ees, Bas�� o� khe a��ii r��ork, l�� i�ublt� Fi�al�1� Dep�rtrr�enl is prop��ing th� re�ort�men�ed fe�
Ir�cr��s�� s�a�,�+n b�lt�w. �Cl�e propose� fe� ie�c�'eas�� �re praje�t�d to ir�cr���� �€�ner�l �und I�evenue
b� �10�. ihc f�>IlowanQ fe�s wiil b� e��ecliv� �ctok�c;r 9, ���1:
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l�nimal I�ead �hipr����it
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� C]ATC F"sF1-�i�E��� ldt1M��Ft L_C]C� NAM� f'.�GE
9f � � �01 **(`i-� $�� J� � SQA�lIil+1A� � of �
'�,�3�-�����- IfVi�Rl���A� F��R��MEfVT B�TW��N TW� ��7� �F ��RT W�F��rl AM{] �THER
r����n,T �our����r �u�i�����i�r��� �o� T�� wu����� �� ���G�� �c�rvT�o�. �
��1D l�i��h+�A�. H�Af� �Hlf'MFf�T
Th� �nima� �are �n� �antr�! �ertiker wil� �cc��t d�liver� �f do�s, c�t�, farre�s, non-�roh�bl#��i anlmals
�r��l v�ril�l a�ir��ls ir� r.as��� b�tw��� th� ho�,rs �f 8:�� a,�r�. a�� �;�0 p.m. daily. 7he �rtiima� �are and
�onLral ��r�t�r w{il respond Io re��e�#s f�r s�rvic� fr�m �:00 �.�rr, ur�Ul 4:�� p,m, �aily. P�t o�+��rs
r��la€minc� their anirr��ls fra�n lh� Anim�E ��r� and �or�trol ��rtt�r w11� 1�� r�t�uir�d to pro�rfc�� pr��fi of
ownersh�� �� �1�e anim��s, preser�# � photo id��tificatio�r, an� pa�r th� appropri�te fee� for re���m�t��n.
�u�l�erm�r�, pei own�rs who liv� in the �ity af �orl� 1l�}c�r#h wh��e a��irr�als are �mp��nd�� ir� o#her
mt�nicipalities a��� brnu�ht to t�e Animal �are and �or��rol �enter �viEl b� r�q�,ir�d to purcha�a a�it�
«gis�railon i�a� �c�� �h�sr ��1�. �uch ar�irr�als will b� re�uir��# to be �Il�r�d in �orr�p€ian�� wilY� ll�� �ily's
mar�dator� ���y�r��uter pro�ram_ B�ardi��� f�e� fo� ��ts rec�airned k�y tE��ir owners wall Fs� pa�ld b� the
owr��rs, no# ki�e �orrtractin� rnunicl�ali��r. A� authani�atl�n an�ilor �isposal f�e will �e �harg�d far wilc�
a��mals {�at w�la b� ��thani��d or r�loc�t�cf ae�� o#h�r �nirr�als l#��� �+�I] b� ��th��i�ed upori �i�fivery #�
lhe �enter.
Th� �i�y sh�l] ]�aue ll�� �ig[�t tq t�rminate li�is agr��rx���t w�t�o�t cause �pnr� thir��r ciay� wri#ten r�otic� t�
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