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HomeMy WebLinkAboutContract 41407 CITY SECRETARY CONTRACT NO, 0 STATE OF TEXAS § COUNTY OF TARRANT § 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 duly authorized Assistant City Manager (hereinafter referred to as "City"), and the City of Kennedale, a home-rule municipal corporation located in Tarrant County, Texas, acting by and through its duly authorized M (hereinafter referred to as "Kennedale"). 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, Kennedale wishes to participate in an interlocal agreement with City for the purpose of limited rabies control in the City of Kennedale; and WHEREAS, Kennedale 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 Kennedale whereby, subject to the terms and conditions hereinafter set forth and for the consideration specified below, City agrees to provide Kennedale with limited rabies control services in the City of Kennedale, and City agrees to provide impoundment and quarantine facilities for animals pursuant to this Agreement for the benefit of Kennedale. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2. �4 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 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 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 IF 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 cans 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. AOL Interlocal Agreement with Kennedale for Rabies Control for 2010-2011 Page 2 of 9 TERM 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. SERVICES BY CITY A. Hours City agrees to perform the services annotated in Subsection B. below, for Kennedale 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; and/or (2) Euthanize, process and ship for rabies testing animals which are presented by Kennedale to the City. C. Impoundment of Animals City will board animals delivered to the City's Animal Care and Control Center by Kennedale. 5. DUTIES OF KENNEDALE A. Kennedale 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. Kennedale 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 owners have failed or refused to place them for quarantine or testing. Kennedale further agrees that City is not required to pursue the issuance and execution of such warrants. 6. IMPOUNDMENT, QUARANTINE AND DISPOSITION OF ANIMALS A. Any animal presented by a Kennedale resident may be accepted by the City provided that Kennedale 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 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 Interlocal Agreement with Kennedale for Rahies Control for 20 10-201 1 Page 3 of 9 Rules. Kennedale shall notify City in writing whether Kennedale does or does not desire that the bite animal be prepared and shipped for testing. Kennedale shall provide in writing to the City the date of the bite incident and the animal's date of release 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 Kennedale 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 Kennedale not reclaimed by their owner will be euthanized, and Kennedale will be billed for the cost of quarantine, euthanization and disposal as applicable. F. Kennedale will be billed for boarding of all impounded animals delivered by Kennedale 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 Kennedale 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 Kennedale under the authority of Chapter 822 Subchapter D. of the Texas Health and Safety Code. Interlocal Agreement with Kennedale for Rabies Control Im 20 10-20 1 1 Page 4 of 9 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 g contact to a rabid animal or its fresh tissues. D. City shall not impound stray animals if Kennedale 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. Kennedale shall have no direct supervisory authority over such employees except in emergency situations where the exercise of supervision by Kennedale becomes necessary for the resolution of the emergency. 9. CONSIDERATION A. As fair compensation for the services rendered by City to Kennedale from October 1, 2010 through September 30, 2011, Kennedale 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 Kennedale 120 days written notice. Kennedale will not pay City more than $��, O CO. °7 in total, for services rendered during the term of this Agreement. This ma cunt 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 Kennedale with an itemized monthly bill. Kennedale agrees to promptly pay such bills upon presentation by the City, such payments to be made from current revenues available to Kennedale, within thirty (30) days of receipt. In the event of the termination of this Agreement, City shall bill Kennedale for any outstanding balance, regardless of the amount, and Kennedale agrees to promptly pay such bill, within thirty (30) days of receipt. B. Pursuant to the requirements of Section 791.011(d)(3) of the Texas Government Code, the amount due City under subparagraph A. above shall be paid from revenues available to Kennedale in fiscal year October 2010 through September 2011. Aft Interlocal Agreement with Kennedale for Rabies Control for 2010-2011 Page 5 of 9 10. LIABILITIES A. To the extent permitted by law, Kennedale shall be responsible for all work-related deaths, injuries or diseases of Kennedale employees, and, for property damage, personal injury or death caused by Kennedale 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 employees or volunteers relating to work provided pursuant to this Agreement. C. Kennedale shall be responsible for all property damages, personal injuries and death arising from the use of City and Kennedale equipment and vehicles caused by Kennedale employees or volunteers pursuant to this Agreement. Furthermore, Kennedale shall be responsible for the repair or replacement of all such equipment and vehicles 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 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. 11. IMMUNITY & THIRD PARTIES A. It is expressly understood and agreed that, in the execution of this Agreement, neither City nor Kennedale 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 Kennedale or City while in the performance of this Agreement. This Agreement may not be construed to expand the liability of City or Kennedale 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 Kennedale, that City and Kennedale shall each have the right to terminate this Agreement upon thirty (30) days' written notice to the other party. Interlocal Agreement with Kennedale for Rabies Control for 2010-20 1 1 Page 6 of 9 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 Kennedale. 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. AUTHORITY This Agreement is made for City and Kennedale 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 God; inclement weather; governmental 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 Interlocal Agreement with Kennedale for Rabies Control for 2010-2011 Page 7 of 9 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 LIMITATION 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 Kennedale 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 United States Department of Homeland Security issues a Level Orange or Level Red Alert, City, in its sole discretion, may terminate the Agreement immediately. EXECUTED in triplicate this p 5 day of 0—L n ba2, , 2g/a, in Tarrant County, Texas. ® CITY OF FORT WORTH CITY OF KENNEDA E harles W. Daniels Assistant City Manager ITS: C , APPR E AS TO FORM APPROVED AS TO FORM l,Jl� D ' C. M roy Assistant C> y Attorney City Attorney 0 0 ATTEST: v$ g;R'�ATTEST: OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Marty Hendrix City Secretary City Secretary Interlocal Agreement with Kennedale for Rabies Control for 2010-2011 Page 8 of 9 "EXHIBIT A" SCHEDULE OF FEES TO BE PAID BY KENNEDALE DAILY BOARD FEE Kenneling(per dog, cat or other small animal) $15.00 per day Quarantine (per animal) $20.00 per day HEAD PREPARATION AND SHIPMENT Per Animal Head $100.00 EUTHANIZATION AND DISPOSAL Per animal $15.00 Inter]ocal Agreement with Kennedale for Rabies Control for 2010-2011 Page 9 of 9 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 1BJ T Authorize the Execution of Interlocal Agreements with Various Tarrant County Municipalities for the Purpose of Providing Animal and Rabies Control and Rabies Specimen Shipment During 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 and 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 processing 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 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. In Fiscal Year 2010, the City of Benbrook contracted for specimen shipment services. The Cities of Forest Hill, Kennedale, Edgecliff Village, Pantego and Dalworthington Gardens contracted for boarding,quarantine, specimen shipping, euthanization and disposal services. The City of Blue Mound contracted for these services plus animal control services. Municipalities desiring to contract for any of these services are required to execute a new agreement annually. The fee schedule for Fiscal Year 2011 will be as follows: ER VICE EJU aily Board Fee S 15.00 uthanization/Disposal Fee $ 15.00 ,uarantine Board Fee $ 20.00 -rvice Request $ 87.00 mergency Service Request $100.00 ducational Services $ 70.00/hour Based on revenues received from interlocal agreements in Fiscal Years 2009 and 2010, staff anticipates revenue in Fiscal Year 2011 to total: $47,000.00 from kenneling, $3,500.00 from service response and$500.00 from specimen shipping. 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/Account/Centers FROM Fund/Account/Centers GGO1 4VARIOUS 0239002 $51.000.00 - CERTIFICATIONS: Submitted for City Manager's Office by: Charles Daniels (6183) Originating Department Head: Brandon Bennett (6322) Additional Information Contacto Keane Menefee (7020) ATTACHM ENTS No attachments found.