HomeMy WebLinkAboutContract 28215STATE OF TEXAS § ��,�� �������� _
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CUUNTIES OF TARRANT § --�
AND DENTON §
INTERLOCAL AGREEMENT FOR RABIES CONTR4L
THIS AGREEMENT by and between the City of Fort Worth, a home-rule municipal
corporation situated in Tan•ant and Denton Counties, Texas, hereinafter called "City"', acting
herein by and through Libby Watson, its c�uly authorized Assistant City Manager, anc� the City of
Ker�nedal�, hereinafter called "Kear�nedale", acting herein by and f.hrough David Miller its duly
authorized City Manage:r.
WITNESSETH:
WHERE�,S, VTCA Government Code, Chapter 791, authorizes the formulation of
inter�.ocal cooperation agraements between and among rnunicipalities and counties far the
performance of governinental iunctians, and
W�IEREA�, Chapter 826 of the Health and Safety Code, Vernon's Texas Codes
1�nnotated, also known as the Rabies Control Ack of 1981 (hereinaf�er r�ferred to as "the Act"},
requires governing bodies of each municipality ta designate a local rabies control autho�ity to
�nforce the Act and n�inimum standards for rabies control adopted by the Texas Baard of Health;
and
WHEREAS, Sectian 826.016 of said Act authorizes a municipalify to enter into
agreemenfis wifih public entities to carry out activities required or authorized under the Act; and
�rVHEREAS, Ke�inedale wishes to participate in aza interlacaI agreement with City for the
purpose of limitEd rabies cantrol in the City of Kennedale; and
WHEREAS, Kennedale and City mutual�y desire to be subject to the provisions of
Chapter 791 of t�e Texas Governme��.t Code, a�so known as the Interlocal Cooperation Act;
N�W, THEREFORE, it is agreed as follows:
1.
PURPOSE
The purposa of this Interlocal Agreement is to ent�r into an agreement between City and
K�nnedal� whereby, subject to the terms and conditions hereinafter set forth and for the
considez-ation speci�ed below, City agrees to provide Kezu�edale with lirrxited rabies control
services in the City of Kennedale, and further that City agrees to provide impoundment and
quarantine facilities for animals impounded and quarantined under this Agreernent for the benefii
of Kenn.eda�e. � �
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2.
DEFINITIONS
For the purposes of this agx'eement, the follawing definitions shall apply:
ACT shall mean the Rabies Control Act of 1981, codified as Chapter 82f af the Health
and Safety Code, Vernon's Texas Codes Annotated.
ANIMAL shall me�n a warm-blooded animal.
AIVIMAL CARE AND CONTROL CENTER s�all mean the facility operated by the
City far tb� purpase of impounding and caring for animals as prescribed by law �ocated at
4900 Martin Street, Fort Worth, Texas.
BITE shall mean a bite or scratch capab�e of transmitting rabies, which is inflicted by an
anirrtal on a human.
DANGEROUS DOG shall mean a dag that mak�s an unprovoked attack on a person that
caiis�s badily injury and occurs in a place other than an enclosttre in wkiich the dog was
being kept and that was :reasona}�ly ccrtain to p�event the dog from ieaving the enclosure
on its own; or a dog that commits unprovaked acts in a place other than an enclasure in
which the dog was being kept and ihat was reasonably certain to prevent the dog ftom
leaving the enclosure on its own.
DAY shall mean a calendar day or aray part thereof.
DOG s�all mean canis familiaris.
QUARANTINE shall mean the strict confinement af a biting animal, in accordance with
the Act and the Ru1es.
RABIES shall mean an acute viral disease of man and animal affecting the central
nervous system and usually transmitted by an azumal bite,
RULES �hall mean the rules adopted by the Texas Board of Healih for rabies control and
eradication under 25 TAC § 169.21. et seq.
STRAY shali mean raamang with no physical restraint beyond the premises of an
anirr;al's owner ar keeper.
3.
TERM
The term of this Agreez�nent is for a period of one {1) year coFnmencing on October 1,
2002, and ending on Septernber 30, 2003.
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4.
SERVYGES BY CITY
A. Hours
City agrees �o perforFn the services annotated in Subsection B. below, for Kennedale,
within the City of Kennedale, beiween the hours of 8:00 a.m. and 4:00 p.m. only,
Mondays through Fridays only and excluding holidays, with no after hours service
�rovided.
B. Rabies Res�onse
In the manner and to the extent that it deems appropriate and in accordance with the
Rules and tt�e Act, City will:
(1)
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Place animaIs delivered to it in rabies quarantine, or euthanize such
animals for rabies testing; and
Process and ship animal heads for xabies testing which are present�d by
Kennedale to the City.
C. Irnpoundznent of Animals
City will impound animals delivered to the Czty's Animal Care and Control Centar by
K�nnedale.
5.
DUTIES �F KENNEDALE
A. Kennedale agrees #hat zt wil� retain all r�sponsibility far enforcement of a�l aspects of the
Act not covered in Paragragh 4 of this Agreement, including criminal �nforcement.
B. Kerknec�a3e �grees that it will pursna, at its discretion, the issuance and execution of
warrants or other court orders necessary far the seizure of anima�s requiring quarantine or
testing under Paragraph 4 of this Agreement, wh.ose owners have failed or refused Co
place them for quarantine or testing. Kennedale further agrees that City is not required ta
puzsue the issuance and �xecution of such warrants.
6.
IMPOUNDMENT AND DISP05ITION OF ANTMALS
A. A Iive, stray animal impounded hy the Ciiy under this Ag�reement shall be held for a
period of not l�ss than three (3} days, excluding the day it is impoundad, unless released
earlier to its ovvner. A quarantined anirnal shall be held or presented for testing according
to the Act a�rzd the Rules.
B. Priar ta the expiration of the impoundment periad, the Ciiy may destroy an impounded
animal if th� City's Directcar of P�blic Health or the Animal Care and Control Center's
veterinarian recomznends and approves such actian. _—__
W:IKennedalelAgreementslRabies Control.doc (1012'ila2} �
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C, Impounded anitnals will be released to their owners upon:
{l.} Proof of ownership;
(2) Proof of identi£'ication;
(3) 1'ayment of kenneling fees;
(�) Purchase of a City license tag ii the animal is a dog or cat and the owner resides
within �he City; and
(5) Arranging for a rabias vaecinatian far the ani.mal if it is a dog or a cat and its
vaccinatXon is not current.
D. The ownership of imponnded animals that have not been released to theiz' owners on the
expiration of the impoundment period reverts to the City, and the animals rraay he placed
for aciaption ar euthanized, at the discretion of the City.
E. All quarantined animals from Kennedale not reclairned by thair ovvner will be euthanized,
and Kenr�edale will be billed far 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 Ciiy as the "local health authority" or "local rabies control authority" of
the City af Kennedale as thos� terms are defined ar used in Title 10, Health and Safety
Code, Vernon's Texas Codes Annatated.
B. Natbing in this Agreement shall be deemed as requiring the City to investigate reports of
dangerous dQgs, to register dangeraus dogs, or otherwise regulate dangerous dogs in th�
City of Kennedale under the authority of Chapter 822 Subchapt�r D. of the Health and
Sa�eiy Cade, Vernon's Texas Codes Annotated.
C.
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Noihing in this Agreement sh.all be deemed as requiring the City to quarantine or gresent
far testing domestic animals that have been bitten by or directly exposed by physical
contact ta a rabid animal or its fresh tissues.
Ci .ty shall not patrol for and/or impound stray animals if Kennedale fails to enaci
and maintain rules or ordinances pursuaat to Sections 826.01� and 8�6.033 of #he
Heal�h and Safety. Cnde, Vernon's Texas Codes Annotated, that require animals to
be restrained at all times.
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RESP�NSIBILITY FOR EMPLOYEES
City employees who provide services under this Agre�ment are deemed to be Ciry
employees vvhen providing such services. City witl exercise complete control a�er the Miring,
training, supervision, and conduct of such employees. City will be responsible for all wages and
applicable payroll deductions, unemployment taxes, warkers' compensation, insurance,
vacations, holidays, and fringe ber�efits far such employees and for all unifarnzs, vehicles, and
W:1KennedalelAgreementslRabies Control.doc (10121102) Q�
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equipment used by s�ach employees for providing services under this Agz'eemEnt. Kennedale
shall have no direct sup�rvisory authority over such employees exeept in ernergency situations
where the exercise of supervisiQn by K�nnedale becomes necessary for the resolutian o� the
emergency.
9.
CONSIDER.ATION
A. As fair compensation for the services renderad by City to Kennedale from October 1, 2Q02
through Saptember 34, 24Q3, Kennedale agrees to pay City for its services based on the
schedule attack�ed hereto as "Exhibit A", as pertinent, which is hereby incorparated as a part
of this Agreement as if it were set forth at Iength. City may adjusi any fee listed iz� "E7chibit
A" during the term of this Agreement by giving Kennec�ale 120 days written notice.
Kennedale will not pay City more than $3,000.00 in total, for services rendered during the
term of this Agreement. This arnount shall herein cansi�tute a not to exceed limitation
piaced upon this Agreement, and �vhen such amount is reach�d, City will cease providing
such services. City agrees to provide the City of Kennedale with an itemized monthly bi11.
Kennedale agrees to promptly pay such bills upon presentation by th� City, such payments to
be inade frorn current revenues available to Kennedale, wifihin tl�irty {30) days of reGeipt. In
the �vent of the termination of this Agreement, City sha11 bill Kennec�ale for any outstanding
balance, regardless of the amount, and Kenneda�e agrees to promptly pay such bill, within
thirty (30) days of receipt,
B. Pursuant ta the requiremenis of Government Code § 791.011(d)(3}, V�rnan's Texas Codes
Annotated, the amount due City under suhparagraph A. above, shaIl he paid from revenues
available to Kennedale in f scal year October 2D02 through September 2003.
10.
FEES CHARGED AlVIMAL OWNERS
Ker�nedale hereby agrees that City may charge, or cause ta be charged, the fees set out in
"Exhibit B" to the owners af anitnals which have been impounded or quarantined. "Exhibit B" i5
hereby incorporated as a part of this Agree�nent as if it were set forth at langth. City is hereby
authorized to increase saxd fees during the terms of this agreement by gi�ing Kannedale 120 days
written notice. If an animal's owner reclaims the animal and pays the kenneling fees, then the
City will not charge Kennedale for kenneling such animal under the Fee Schedule in 'Bxhi�it
A". If a quarantined animal's owner reciaims the animal and pays the quarantine fees, then the
Ci�y will not charge Kennedale such fees. A cY�eck written by an owner in payment of these fees
is considered a contingent payment. If the check written by an owner is subsequently
dishonared, the check shail not be considered payment and Kennedale shall be responsible ta
City For the fees. �
W:1KennedalelAgreementslRabies Contral,doc (10121/02) �J
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11.
LTABTLITIES
A. To the extent permitted by iaw, Kennedale shall be responsible �ar all work-retated
deaths, injuries ar diseases of City employees, and, for property darnage, persanal injury
or death caused by City of Kennedale employees or valunteers, relating to wark provided
pursuant to this agreement.
B. To the exten# permitted by law, City shall be responsibl� for all work-related deaths,
injuries or diseases of City employees, and, for property damage, persanal injury or death
caused by City's awn employees or volunteers, reiating to work provided pursuant to this
agreement.
C. Kennedale shall be responsible for all property damages, personal injuries and death
arising frorn the use of City equipmant and vehicles caused by Kennedale employees ar
volunteers pursuant �o this agreement. Furthermore, Kennedala shall be responsible for
the repair ar replaceanent of a11 such equipment and �ehicles 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 in}uries and death arising
from the use af Cz�y equipment and vehicles caused by City ernpl�yees or volunteers
pursuant to this agreement. City shall also be responsible for ti�e repair or replacemen.t of
all such equipment and vehicles damaged, destroyed, lost or stalen caused by City
employees ar valunteers during th� provision of services hereunder.
12.
XMIVIUNITY & THIRD PARTIES
A. It is expressly understood and agreed that, in the executian of this Agreement, neither
City nor Kennedale waives, r�or shall be deemed hereby to waive, any immunity or
defense that wauld otherwise be available to it against claims arising in the exercise of
governmental powers and functions.
B. Nathing in this Agreement shall be construed to benefit any third party other than an
employee or officer af Kennsdal� or City while in the performance of tius Agreeznent.
This Agreement may not ba construed to expand the liability of City oz Kennedale
beyand the scope of Chapter 1�1 of the Texas Civil Practice and Remedies Code,
Vernan's Texas Codes Annotated, unless specifical�y stated herein.
13.
TERMINATION
It is further agreed by and between City and Kennedale, that City and Kennedale shall
each have the right to terminate this Agzeement upoz► thirty (30} days written notice to the other
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14.
ENTIRETY
This Agreement contains all caminitm�n�s and agreements of ihe parties hereto, and no
otY�er oral or written cornmitments shall have any force or effect if not cantained herein.
15.
MODIFICATION
This Agreernent may be modi�ed by th� mutuat agreement of the �arties, if the rnadification is
in writing and signed by City and Kennedale.
16.
SEVER.ABILITY
In case any one ar mare of �he provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenfarceable in any respect, such invalidity, illegality, or
unenfarceability shall not affect any other provisio�i thereof and this Agreement shalI be
construed as if such invalid, illegal, or unenforceable provisions had never been cantained
herein.
17.
AUTHORITY
This Agreement is made far City and KennedaIe as an Interlocal Agreement pursuant to
VTCA, Government Code, Chapter 791.
18.
AUTH4RIZATION
The undersigned afficer and/or agents of the parties hereto are properly authorized
off cials and have the necessary authority to execute this A�reement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary resolutions extending such
auihority have been duly passed and are now in ft�ll force and effect.
EXECUTED in triplicate this day of , 2002, in
Fort Warth, Ta�rrant County, T�;xas.
CITY C�F'FDRT WORTH
f . � �:
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Llh�j Watsor�►
Assistant City Manager
CITY QF KENNEDALE
BY:
City
W:1Ker�nedalelAgreemenfslRabies Conlrol.doc (i0l21102) 7
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APPR4VED AS TO FORM
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Assistan City Attorn
ATTE�T:
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Gloria Pe�son
City Sec¢etazy
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Date
APPROVED AS TO FORM
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"EXHIBIT A"
SCHEDULE OF FEES TO BE PAID BY KENNEDALE
DAILY BOARD FEE
Kenneling (per dog, cat ox oth�r small animal)
Quarantine (per anima�)
SERVICE CALLS AND RABIES RESPONSE
(Excluding head preparation and shipment)
Per Staff Hourly Charge
HEAD PREPARATION AND SHIPMENT
Per Animal Head
EUTHANrZATIQN �ND DISPOSAL
Per animal
$ l 2.d0 per day
$18.fl0 per day
$56.fl0
�s�.oa
$12.00
W:1KennedalelAgreementslRa�ies Control.doc (90121/Q2} 9
"EXHIBIT B"
CITY`S ArIIMAL �CARE AND CONTROL DNISION SCHEDULE QF
�'EES TO BE PAID BY ANIMAL OWNERS FOR RECLAIMED ANIMALS
RABIES VACCINATION FEE
Per reclairned dog or cat
DAILY BOARD FEES:
Kenneling (dog, cat, smaIl a�imal}
Kenneling (other than dogs, cats ar srnall animal)
Quarantir�ed animals
$ 9.00
$12.00 per day
$12.00 per day
$18.fl0 per day
W:1KennedalelAgreemenlslRa6ies ControLdoc (10I21IO2) � �
�'ity of �'o�t T�Tlo�th, T'exas
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DAT� REFERENCE NIJMBER I LOG NAME r�aRABIES I PAG� � 0� 2
9/3102 **��19��G
sueJEc-r INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND OTHER
TARRANT COUNTY MIJNICIPALITIES FOR THE PURPOSE OF RABIES C�NTROL
AND RABIES SPECIMEN SHIPMENT ,
RECOMMEN�ATION:
�t is recommended that the City Council autharize the City Manager to accept and exec�te Interlocal
Agreements between the City of Fort Worth and nther Tarrant Caunty municipalities for fhe purpose of
ra�ies cantrol and rabies specimen shipment fram Oc#ober 1, 20�2, through 5eptember 30, 2Q03.
D[SCUSSION:
The Animal Care and Cantroi Di�ision has hisiorically assisted some Tarrant Cour�ty municipalities in
the processing and shipment of head specimens to the Bureau af �,abaratories in Austin for the purpase
of rabies control. Rabies cantrol includes �he kenneling af impaunded animals and e�#hanization. The
Texas Ga�ernment Cad�, Chapter 791.�11, pravides tha# a lacal gfl�ernment may contract with
another ta perForm "go�ernmentaN functions and services". Under this code, the City of Fori Worth
Ar�imal Care and Cantrol Division may pro�ide animal impaundment, �oarding, quarantine,
euthanization and d�sposal services to a municipality.
The City of Haslet currently contracts for [imited rabies cantrol services. The Cify of Benbrook contracts
fior specimen shi�ment services. The Cities of Fares# Hill, Kennedale, Edgecliff Village and
Daiworthington Gardens confract for baarding, quarantin�, euthanization and disposal services.
Municipaiities desiring to contract for any of these services are required to renew �he agreement
annually.
Fees for these services are as follows.
SERVICE
�EE
Boarding Fee per day $12
Quarantine Fee per day $18
EuthanizatiaNDisPosaf Fee per animal $12
Service Request per hour $56
Emergency 5ervice Request per haur $65
Educatio�al 5ervices per hour $5B
Rabies Specimen Shipment per animaE $56
The Animal Care and Control Cen#er wi�l accept delivery af dags, cats, ferrets, or non-prflhibited
animals and wild animals in cages between the hours of 8:00 a.m. and �:00 p.m. daily. The Animal
Care and Control Division will respond to requests for s�rr�ice from 8:00 a.m. un#il 4:00 p.m, dai{y, Pet
owners reclaEming their animals from the Animal Care and Control Center will be required to prouida
proof af ownership of fhe animals, present photo identif�cation, and pay the appropriate fees for
reclamation.
C`ity of ' 1�'o�t Wo�th9 7'exas
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DATE REFERENC� NUMBER LDG NAM� PAGE
913102 **���g��s ` 5aRABIES 2 of 2
sus.��cT INTERLOCAL AGREEMENT BETWEEN THE CITY QF FORT WORTH AND OTHER
TARRANT COIJNTY MUN[CIPALITfES FOR THE PURPOSE OF RAB1E5 CONTROL
AND RABIES SPECIMEN SHfPMENT
Furth�rmare, pet owners who live in the City of Fort Worth w�ose animals are impaunded in other
municipalit�es ar�d brought #o the Animal Care and Control Center, will be required to �urchase City
registration tags for their pets. Such ar�imals will be required to be altered in compliance with the Ciiy's
mandatory spay/neuter pragram. Boarding fees for pets reclaimed by th�ir awners will be paid by the
owr�ers, nat the contracting municipality. A euthanization andlor dispasal fee will be charged for wild
animals that will be eufihanized or r��ocated and ofher animals that will be euthanized upon deli�ery fo
tf�e Center.
The City of Fort Warth shall have the right tfl terminate this agreement withaut cause upon 30 days
written notice to the contracting municipality. Ci#y staff recommends the appro�al of this interlacal
Ag reement.
FiSCAL INFORMATIONIGERTI�'ICATION:
The Finance Director certifies that the PublEc Health Department, Animal Gare and Control ❑ivision will
be responsible for th� colfection and deposit of funds due to #he City as a result of �his actian.
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Submitted far Cit� Man�ger's
Office by:
� FiJNll I ACCOUNT
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� GG01 V�rious
b183 I GG01 1larious
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7201 I (frnm)
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CENTER � AIVIDUNT
CITY SECRE'I'ARY
Libby Watson
OriginAting DepartmenE Head:
Daniel Reimer
Additional Information Cantact:
Jarnes Agyemang
050400'I
0504002
� APPROVED Q9/03/Q2
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