HomeMy WebLinkAboutContract 41410 (2)STATE OF TEXAS §
§
COUNTY OF TARRANT §
CITY SECRETARY
CONTRACT NO . ~ I Y \Q ....
INTERLOCAL AGREEMENT FOR RABIES CONTROL
THIS AGREEMENT is made and entered into by and between the City of Fort Worth , a
home-rule municipal corporation situated in Tarrant, Denton , Parker, and Wise Counties , Texas ,
acting by and through its dul y authorized Assistant City Manager (hereinafter referred to as
"City"), and the City of Dalworthington Gardens , a Type B general law municipal corporation
located in Tarrant County, Texas , acting by and through its duly authorized
·fn~y Pro ffDl'L (hereinafter referred to as "Dalworthington Gardens ").
WITNESSETH:
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 governmental 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 "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 Department of State Health Services ; 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 City agrees to provide
impoundment and quarantine facilities for animals pursuant to this Agreement for the benefit of
Dalworthington Gardens.
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Jnt e rl o ca l A gree ment with Dalwo rthin gton Gard e ns for Ra bi es Control fo r 20I0-2011
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
.... t,"" 1 V l V
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 Texas
Health and Safety Code.
ANIMAL shall mean any living , vertebrate creature , domestic or wild , other than homo
sap1ens.
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 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 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 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 Department of State Health Services
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.
Interloca l Agree ment w ith Da lwo rthin gto n Gardens fo r Ra bi es Control fo r 20 I 0-20 11 Page 2 of 10
"' _).
T E RM
The term of this Agreement is for a period of one (1) year commencing on October 1,
2010 and ending on September 30 , 2011 .
4.
SE RVICES BY CITY
A . Hours
City agrees to perform the services annotated in Subsection B . below, for Dalworthington
Gardens between the hours of 8:00 a .m. and 4:00 p.m. onl y, during the week day s 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 ; and/or
(2) Euthanize , process and ship for rabies testing animals which are presented
by Dalworthington Gardens to the City.
C. Impoundment of Animals
City will board animals delivered to the City's Animal Care and Control Center by
Dal worthington Gardens .
5.
DU TIES OF DALWORTHINGTON GARDENS
A. Dalworthington Gardens agrees that it will retain all responsibility for enforcement of all
aspects of the Act not covered in Section 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 Section 4 of this Agreement, whose owner s 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 .
6.
IMPOUNDMENT, QU ARANTINE AND DISPOSITION OF ANIMALS
A . Any animal presented by a Dalworthington Gardens resident may be accepted by the City
provided that Dalworthington Gardens shall pay one (1) day 's board for such surrendered
animals and four (4) four days ' board for delivered stray animals , as specified in Exhibit
"A." A li v e , stray animal impounded by the City under this Agreement shall be held for
lnte rl ocal Agree m e nt wi th Dalworthin gto n Gard e ns fo r Rab ies Contro l for 20 I 0 -20 11 Page 3 of I O
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. Dalworthington Gardens shall notify City in writing whether
Dalworthington Gardens does or does not desire that the bite animal be prepared and
shipped for testing. Dalworthington Gardens shall provide in writing to the City the date
of the bite incident and the animal's date ofrelease from quarantine.
B. Prior to the expiration of the impoundment period , the City may destroy an impounded
animal if the Animal Services Administrator or Animal Control Manager for the City 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 identification ;
(2) Receipt or other proof of payment to Dalworthington Gardens 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 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 sole 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 as applicable.
F. Dalworthington Gardens will be billed for boarding of all impounded animals delivered
by Dalworthington Gardens for the number of days held during the impoundment period
and/or for the number of days held up to the date reclaimed by the owner. The number of
days , for billing purposes, will begin on the day that the animal is impounded .
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 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 Dalworthington Gardens under the authority of Chapter 822 Subchapter D. of the
Texas Health and Safety Code.
ln te rl ocal Agree ment with Dalworthington Garden s fo r Rabi es C ontrol fo r 20I0-2011 Page 4 of 10
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 directl y exposed by physical
contact to a rabid animal or its fresh tissues.
D. City shall not impound stray animals if Dalworthington Gardens fails to enact and
maintain rules or ordinances pursuant to Sections 826.015 and 826.033 of the Texas
Health and Safety Code 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 .
CON SIDERATION
A. As fair compensation for the services rendered by City to Dalworthington Gardens from
October 1, 2010 through September 30 , 2011, 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 $ 5(2;:J"'..s:: 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 Section 791.01 l(d)(3) of the Texas Government Code , the
amount due City under subparagraph A. above shall be paid from revenues available to
Dalworthington Gardens in fiscal year October 2010 through September 2011.
Inter local Agree ment with Dalworthington Gardens for Rab ies Contro l fo r 20I0-2011 Page 5 of 10
10 .
LIABILITIES
A. To the extent permitted by law, Dalworthington Gardens shall be responsible for all
work -related deaths , injuries or diseases of Dalworthington Gardens emplo yees , and for
property damage , personal injury or death caused by Dal worthington Gardens emplo yees
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 emplo yees 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 , destro yed , lost or stolen caused by City
employees or volunteers during the provision of services hereunder.
11.
IMMUNITY & THIRD PAR TIES
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 , unless specifically stated herein .
In ter local Agree me nt w ith Dalwo rthin gton Gard ens for Rabi es Co ntrol fo r 20 10-20 11 Page 6 of 10
12 .
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 .
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 Dalworthington Gardens .
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
herein.
16.
A U THORITY
This Agreement is made for City and Dalworthington Gardens 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 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 .
FORCE 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
Interl ocal Agree ment w ith Dalworthin gto n Gardens fo r Rabi es C ontro l fo r 20 10-20 11 Page 7 of 10
God ; inclement w eather; go vernmental 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 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
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 LIMITATIO
If for any reason, at any time during any term of this Agreement, 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 Dalworthington Gardens of written notice of the City 's intention to
terminate or (ii) the last date for which funding has been appropriated by the City Council for the
purposes set forth in this Agreement.
20.
HOMELAND SECURITY
If the U nited States Department of Homeland Security issues a Level Orange or Level
Red Alert, City , in its sole discretion, may terminate the Agreement immediately.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
ln te rl oca l Ag ree ment with Dalwo rthin gto n Gar dens for Rabi es Con tro l fo r 20 I0 -20 11 Page 8 of IO
'1/51-/) ;__I EXECUTED in triplicate this -~~-<--+---day of __ U_1~_1_G ,fWl.~~---' 20 /0, in Tarrant
County, Texas.
CITY OF FORT WORTH CITY OF DALWORTHINGTON GARDENS
e fZ~~ Charles W. Daniels --BY: · d:
ssistant City Manager ~;::
ATTEST: ATTEST:
City Secretary
Interlocal Agreement with Dalworthington Gardens for Rabies Co ntrol for 20I0-2011
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 9 of JO
"EXHIBIT A"
SCHEDULE OF FEES TO BE PAID BY DALWORTHINGTON GARDENS
DAILY BOARD FEE
Kenneling (per dog, cat or other small animal)
Quarantine (per animal)
HEAD PREPARATION AND SHIPMENT
Per Animal Head
EUTHANIZA TION AND DISPOSAL
Per animal
0
Interlocal Agreement with Dalworthington Gardens for Rabies Control for 2010-2011
$15.00 per day
$20 .00 per day
$100.00
$15 .00
Page 10 of 10
ER YJCE
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/26/2010
DATE: Tuesday, October 26, 2010 REFERENCE NO.: **G-17089
LOG NAME: 23RABIES CONTROL VARIOUS MUNICIPALITIES
SUBJECT:
Authorize the Execution of Interlocal Agreements with Various Tarrant County Municipalities for the Purpo se
of Providing Animal and Rabies Control and Rabies Specimen Shipment Durin g Fiscal Year 2011
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager
to execute interlocal agreements with various Tarrant County
municipalities for the purpose of providing limited animal and rabies
control a nd rabies specimen shipment from October 1, 2010 through
September 30, 2011.
DISCUSSION:
The Code Compliance Department, Animal Care and Control
Division, has historically assisted some Tarrant County
municipalities by providing animal control services and in the
proces si ng and shipment 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 wit h 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 Di visio n may provide animal control,
animal impoundment, boarding , quarant in e, euthanization and
disposal services to a municipality .
In Fiscal Year 20 I 0, the City of Benbrook contracted for s pecimen
s hipment services. The Cities of Forest Hill, Kennedale, Edg ec liff
Vill age, Pantego and Dalworthington Gardens contrac ted for
bo arding, quarantine, s pecimen shipping, euthanization and disposal
se rvices . The City of Blue Mound contracted for these se rvices plu s
animal control se rvices. Municipalities desiring to contract for a ny of
these se rvice s are required to exec ute a new ag reement annually .
The fee sc hedule for Fiscal Year 2011 will be as follows:
a£.
·ai ly Board Fee
uthanization/Dispo sal Fee
$ 15 .00
$ 15.00
•uar antine Board Fee
ervice Reque st
mergency Service Request
ducational Services
$ 20.00
$ 87.00
$100.00
$ 70 .00/hour
Based on revenues received from interlocal agreements in Fisc a l
Years 2009 and 2010, staff anticipates revenue in Fiscal Year 2011 to
total : $47,000 .00 from kenneling , $3,500 .00 from service respon se
and $500.00 from specimen s hipping .
FISCAL INFORMATION:
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 .
FUND CENTERS:
TO Fund/AccounUCenters
GGOl 4VARI0US 0239002
CERTIFICATIONS:
Submitted for City Manager's Office by;
Originating Department Head;
Additional Information Contact;
ATTACHMENTS
No attachments found .
$51,000,00
'I ; I
FROM Fund/AccounUCenters
Charles Daniels (6183)
Brandon Bennett (6322)
Keane Menefee (7020)