HomeMy WebLinkAboutContract 45407 tl w
tie Id
STATE OF TEXAS § cONTRACT 10
CONY OF BAR NT
1 TLRLOCAL A GREEMENT OR RABIES CONTROL
HIS AGREEMENTis, made and entered into by and between the City of Fort Worth, a.
home-rule municipal co rporatl n situated in Tarrant, Denton, Parker, and Wise Counties, Texas
acting, by and through its duly authorized rized Assistant City Manager (hereinafter referred to as
"City"), and tie Town of Edgecliff Village, a Type A general law munici pal corporation located
in
Ta,Tant County, Texas, acting by and through its duly authorized
hereinafter referred to as "Edgeeliff Village"),
WITNESSETH:
WHEREAS,, Chapter 791 of the Texas Govern lent Code authorizes the forinulation of
lnterl cal cooperation agreements between and among municipalities and counties for the
performance of governmental fbnetlor s and
WHERE,AS, Chapter 826 of the Texas Health and Safety Code, also known, as the
Rabies Control het of 1981 (hereinafter referred to as the "Act"), requires s governing bodles of
each unicipality to designate a local rabies control authority to enforce the Act and minimum
standards for rabies control adoI ted by the Texas Dep rt .. nt of State Health Services, and
WHEREAS, Section 826.016 of said Act authorizes a n nnlcll allty to enter into
agreements wit h public entities to carry out c.ctivitles required or authorized under the Act; and
WHEREAS .Ed eell ff Village wishes to participate In an lnterl coal agreement with City
for the pu.rposc of limited rabies control In tie Town of Edge l wff Village; and
WHEREAS,, l dgecfiff Village and City mutually ally desire to be ,s ject to the provisions of
Chapter 791 of the Kl,exas G-over'llnient Code, also known as the Interlc cal Cooperation Act.
NOW, THEREFORE, It is .greed as follows:
L
PURPOSE
The purpoIse ofthis :lnterlo cal Agreement is to enter into an agreement etwec n the City.
and Edgecliff illage whereby,, sut)ject to the terr.ns and conditions l erein ..fter set f a h. and. for
the consideration speei.ied below,w, City agrees to provide Edgecllff Vlll ge, with limited rabies
controIl services in the Tows olm`Edgecllff Village, and City agrees to provide in-1poundment and
quara tin facilities fez. �.r imal s pursuant t this greeili.ent : of Edgecl1ff X111ag .
OFFICIAL VtFAGORD'
CITY SIRCRETARY IV ED MAR 0 6, 2014
Fir *TX RECIE
VVORTH,
......................... ...........................
2.
DEFINITIONS
For the urj.)oses of this Agreement, the following definitions sh a ll apply:
p
ACT shall mean the Rabies Control Act of 1981, cod1fied as Chapter 826 of the J.exas,
Health and Sat"ety Code,
ANIMAL shall can any living, vertebrate creature, domestic or wild,, other than go
sapiens.
ANIMAL CARE AND CONTROL CENTER, shall mean 'the facility located at 4900
, r which is operated by the City for the pu- ose of
Martin Street Fort Worth rexas,
0 0
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 can a commonly domesticated member f'the Feli'dae (feline) family, other
than a lion, tiger, bobcat,Jaguar, panther, leopard, cougar, or other,prohibited animal.
DANGEROUS, DOG shall, meai"i, a dog that makes an unprovoked attack on a person or
other animal that causes bodily in' I which.
jwy and occurs in a place other than an enclosure in
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 andthat 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 at-tack and cause bodily injury to that person.
DAY shall mean a calendar day or any part thereof.
DOG shall mean cams fami liar is.
QUA M NT INE shall mean the strict confinement of a bit.mg animal, in accordance with
the Act and the Rules.
ES shall mean an acute it disease of man and animal affecting the central
nervous system and usually transmitted by ar.). animal bite.
RULES sh:ci.11 mean the rules adopted by the Texas, Department of State Health Services
for rabies control a eradication under'25 TAC § 169.21 et se q.
STRAY shall mean roaming with no physical restraint beyond the premises of an
animal's owner or keeper.
Interlocal.fig reement with Edgecliff Village f6r Rabies Control for 2013-2014 P�a,sy
ge 2 of 10
3.
"rERM
The tee:*in of t1us Agreement i's for a period ofone (1) ye � COMMencing on October J,
2013 and ending on September 30, 201.4.,
4.
SERVICES BY CITY
A. Hours
City agrees, to perforin the services amiotated in Subsection B below, for Edgeclifi`
Village between -the hours, of 9:001 a.m. and 5:00 p,m. only, Tuesday thru Saturday,
excluding holidays, with no after hours service provided.
B. Rabler .en se
In the maniler and to the extent that it, deems appropriate a nd in accordance with the
Rules and the Act, City will either hold for the 72 hour holding purl or euthanize and,
'o. les testing bite aillina,ls 'which are presented by `,Edgecliff Village to the
'b*
process r ra
city.
C. I 0-u1ndment of Animals
City will board animals delivered to the City's Animal Care and Control Center by
Edgeeliff Village officials.,
D. Calls For Service
City will screen and respond to the icorning calls listed below in the marmer ,rand, to the
extent that 'it deems appropriate, Inel,"Utding but not limited to the impouridment, of stray
a i f sick or inj ured
ii1mals., aiullla'ls to are suspected of beIng rabid and the eutharlizil"Ig 0 1
animals, Incon1j,iig calls include,
(1) Reports of stray iq)ured animals,
(2) Reports of stray dangei,ous dogs-,
(3) Reports of captured anin-ialS,
(4) Requests by Edgeelift"Village to patrol for stra'y anirnats in specific areas
on a linil'ted basis.
5.
DLY"It."IES OF 1_11.)"Cl Ell'C I JFF 'V L G`E
,A. Edgeeliff Village agrees that 'It w1,11 ret�iin all responsibility for enforcement of all aspects
of the Act not covej.-ed in Section 4 ofthis Agreemetit, inclUding erirninal enf6rcement.
B. Edgeeliff"Village rees tl,-iat it will pursLle,., at its discretion, the issuarice and exelcution of
warrants, or other court orders riecessary for the seizure of animcal's, requiring, quarantine, or
I d fused to ph,,tce
testing undler Section 4 of this A,&�re,ernc,,,�i,"It.,, ,Nvliose o�wners have fia*le or re
filterloca] Agreement with Edg liff Village f"or,Rabits Control for 201.3-2 014 Fage 31 10
a
them for quarantine or testing. Edgecliff Village further agrees that City is not required
to pursue the issuance and execution of such warrants.
6.
IMP 0 UN D LS
A. A live, stray animal, impounded by the City "under this Agreenment shall be held for a,
period of not less than 72 hours -unless released earlier to its owner. A quarantined animal
shall be held or presented for testing according to the Act and the Rules, Edge,cliff
Village 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 peri'od' the City may destroy an impounctea
I
upe
animal if the Srintendent of the Animal Care and Control Division or the Animal Care
and Control Center's veterinarian recommends and approves such action.
C. Impounded and/or quarantined waimals will be released totheir owners upon-,
(1) Proof of identification;
(2) Receipt or other proof of payment to Edgecliff Village 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 vac cinatal on for the animal it the, animal is a diog 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, w,-,id. the animals may, be placed
for adoption or euthanized, at the sole discretion of-the City,
E. All quarantined animals from, Edgecliff Village not reclaimed by their owner will be
euthanized, and Edgeeliff Village will be billed for the cost of'quarantine, euthani.zation
and disposal as applicable.
7.
EXCLUSfONS
A. Nothing in this Agreement shall be deemed as designatIng the City or an, officer 01'
employee of the City as the "local health authority" or ""local rabies corytrol authority" ot'
the Town, of Edgeeliff Village 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 dan.gerou,s dogs, or otl--ierwise regulate dangerous dogs in the
Town of Edgeeliff Village under the authority of'Chap-ter 822 Subehapter D. ()-F the Texas
Health and Safety Code.
Intertoc,a]Agreement with Edgediff Village for Rabies Control for 201,3:-2014 P'age 4,of 10
C. Nothing in, this Agreement shall be, deeilied as requiring the Clity to quarantine or present
for testing domestic animals that have been bitten by or, directly exposed by physical
contact to a rabid animal or itsfresh tissues.
D. shall not implotind stral ammals if Ed2ecliff Vi'll,age calls to enact and inainta,in
rules or ordinances pursuant to sec .o 826.015 and 826.033 of the Texas He alt .
b
4
and Sit fey Code that i-eguire animals to, be resti-lacined at all, times,
8.
RE-4,SPONSIBILITY 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, stipervision, and conduct of such employees. City will be respons,ibleTor aj,I i wages and
applicable payroll deductions, unemployment taxes, workers' compensation,, insurance,
vacations, h days,, and fringe beefs for such employees and for all unil,`orrns, vehicles, and
equipment used by such employees for providing services under this Agreement. E'agecliff,
Village shall have no direct supervisory authority over such ei.i-iplogees except in emergency
tuations where the exercise of supervision by Edgecliff Village becornes necessary for the
resolution of' t eniergency. Regarding workers compenscatl'on insurance, the City shall not
waive its right to subrogate against Edgeeliff Village for losses ineiirred in the course of City's
services rein Bred to Edgecliff Village u.nder this Agreement.
9.
CONSIDERATTON
A. As fair compensation for the services reiidered by City to Ed cliff Village from October 1,
2014 , d i i a
2013 through September 30, F gecIffV*11 ge agrees, to pay City f its services based
hich is hereby incorporated
on the schedule attacbed hereto as Attaclunent A, as pet-ti nent, W 1 1,
as a part of this Agreement as if itwere set torth. talt. length, City away adjust atit fee listed in
"I
Attachment A, during me ten n of this Agreement by giving Edgeclifl.' V'Illag,e 120 days,
written notice.
B. The number of boarding days, for billing purposes, will be on the day that, the, allimal is
a
impow,'ided and contin,tie as long as t1it animal is held. In ad-dition, to boarding fees)
quarantirl,e fee wi charged on all aninaals placed into quarantine, and an, administrati.ve
,fee will be charged on all airnal unpounditients. 'Euthanasia and disposal -fees and head and
shipment preparation fiees shall be as described in Attacluilent A. Emergency Response fees
are d-escribed 'in Attaclunent A.
than In totat for services
C. Edgecliff 'Village will, not pay City more .........
rendered during the ter ill Ot" this Agl7eei,,,neilt. This amount shall herein constitute, a,. 110t to
exceed hinitatIon placed upon this Agreen-ient, and when such amount 'is reached, City will
p 'd* K, fEdgecliff Village with an
cease r�ovi ing st,--h services. City, agreestol provide tlie J"own o
tly p�ay such bIHS1.1 0
Itemized qtiarterly bi'll. Edgecliff V111age agreesto prornp p n presentation
by the City, such payli-ients to be niade, 1"rom current revenues available to: Edgeeliff Village,
within thtj,-ty (30) days o�f receipt., In. the evetit of the termination of thl's Agreement, it
InterlocalAgreel"nent wit g ed,i, illagel'or RZubies Control lbr 20 13-2014 Page 5 of'1 01
shall bill Edgecliff Village for any outstanding balance, regardless of the amount, and
I
Edgecliff Village agrees to promptly pay such bill in, with thirty (30) days of receipt.
D. Pursuant to the requirements of Section 791.011(d)(3) of the 'rexas Government Code, the
amount due City Linder subparagraph A., above shall be paid fro�m revenues, available to
Edgecliff Village in fiscal year October 2013 through September 2014.
10.
LIA-B11,11JES
A. To the extent permitted by law, Edgecliff Village shall be responsible for all work-related
deaths, injuries or diseases of Edgecliff Village employees, and, 'for property darna,ge,
personal qjury or death caused by Edgeeliff Village 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,,
in 0
j uries, or diseases of City employees, and., for property, damage, personal injury or death
caused by City's own employees or volunteers relating to work provide d pursuant to this
Agreement.
C. Edgecliff Village shall be responsible for all property damages, personal injuries and
death arising from the use of City and Edgeel.11T Village equipment and vehicles caused
by Edgecliff''Village employees or volunteers pursuant to this Agreement. F'urthe rmore,
Edgecliff'Village shall be responsible for the repair or replacement of all such equipment
and vehicles damaged, destroyed, lost or stolen caused by Edgecliff Vi'llage employees or
volunteers during the provision of services hereunder.
D. City shall be responsible for all property damages, personal in'uries and dealh arising
P j
from the use of City equipment and vehicles caused. by City employees or volunteers
pursuant to this Agreement. City shall also be res onsible Or the repair or replacerilent
of all such equipment and vehicles damaged, destroyed, lost or stolen caused by City
employees or volunteers during the pro-vision of services hereunder.
1. 1.
IMMUNITY & THIRD PARTIES,
A. It is expressly understood atld agreed that, in the execution of this Agreenient, neither
City nor Edgecliff Village afives, .nor shall be deemed hereby„ to waive,, any immunity or
def-ense that would otherwise be available to it against clairns, arising in the exercise of
governmental powers and function.s.
B. Nothing in this Agreenaerit shall be construed to benef"it any third party other -than an
einployee or officer of Edgecliff Village or City while in the performance of this
Agreement, '1111. Agreement may not be constr-ued to expand the liability, of City or
Edgecliff.' Village beyond the scope of Chapter 101 of the Texas Civil Practice aiid
Rem,edies Code,, unless speefficafly stated herein.
ft)teflocal Agreement with Edgecliff Village J"or Rabies Control for 2013-2014 Page 6 of 10
12.
TERM'1NXrj.ON
It is further agreed by and between City and Edgecliff Village, that City and Edgecliff
Village shall each have the right to terminate this Agreement upon -thirty (3 a ' written
notice to the other party.
13.
ENTIRE'ry,
This Agreement contains all commitments and agreements of the parties hereto, and no
other oral or written commitments shall have any 'rorce or efl"ect 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 Edgecllff Village.
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
a s: had never been conta'ned
construed as if such invalid Illegal, or imen,jorec le provision..
herein.
16.
AUTHORITY
r'rhis Agreement is made for City and Edgecliff Village as an Interloccal Agreement
pursuant to Chapter 791 of the Texas Goverjament Code.
17.
A Ur rtioRIZATION
The undersigned officer arid/or agents of the parties hereto are properly authorized
officials and have the -necessary authority to execute this Agreement on behalf of the parties
here-to, and eacl"i party hercby certifies to the otherthat any necessary resolutions extending such
au.thority have been d-tily passed and. are now in Rill force and effiect.
Interlocal Agreement with Edgediff Village tb•Rabies Control foi-2013-2014 Page 7 of 10
F-ORCE MAJEURE
It is expressly under stoodand 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; govermilental 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
s 1 ilar tin 'of those enumerated or not, the party so o�bligated or permitted shall be excused
mi I
from doing or performing the same during such period of delay.
19.
FISCAL FUNDING LIMTTA'_f10N
If for any reason, at any time during any term of this Agreement, the Fort Worth City
Council falls 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(1) -thirty (30)
days following defivery to Edgecliff Village of written notice of the City's intention to terminate
or (ii) the last date fo�r which ftinding has been appropriated l the City Council for the purposes
set forth in this Agreement.
20.
HOMELAND SECURITY\
If the 'United States Department of Homeland Security is,sues a Le'vel Oranj4e or Level
Red Alert, City, in its sole discretion, may terminate the Agreement inii,nediately.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
ffiterlocal Agreement with Edgedi-IT Villaa-e for Rabies Control for 2013-2014 Page 8 of 10
t--,>
EXECUTED in. triplicate this day of' 20 q,'in
Fort Worth, Tarrant County, Texas.
CITY OF FORT WOR"'17H TOWN OF E'DGECLIFI"" VILL.AGE
Iff owl
Char es Daniels By..
Assistant City Manager ITS- M A
---kU
S r,'FO
APPROVED AS TO FORM APPROVED A 11"O,RM
Arthur,N. Bashor v
Assistant City Atforney City Attorney
ATt'EST.- A'T'l-ESTI:
10"
J. Kayser City,Secretary
City Secretary 00000
M&C C-26547 %0
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kb 0()OP
�A!s
RF'CORD
OFFICIAL
Clary SECItETARY
FIT WORTH,T%
Interlocal Afire emetit with Edgediff Village for Rabies Control for 2013-2014
"EXHIBIT A"
SCHEDULE OF FEES ,ECLIFF VILLAGE
DAILY-BOAR Q F E.E
Kenneling (per dog, c,at or other sniall animal) $15.00 per day
Quarantine (per anImal) $20.00 per day
Quarantine fee,(peranjInal) $100.00
14EAD PRL-1PARATION AND SHIPMEN"I"
Per Animal Head $100-00
EUTHANIZATION ANI) DISPOSAL
Per animal $50,00
AFTER-HOUR&,WEEKEND AND E,,M'ER,.G.F"NCY AN IMAL CONTROL RI'4j'SPONSE
Per Request $100.00
ADMfNISTRATI'VE FEE, Per Impoundment) $50�.010
Interiocal Agreentent with Edge cliff Village for Rabies,ControFf'ov 2013-2014 Page 10 of 10
M&C Review Page Jof2
Official site of ffie City of Fort Worth,Texas
FORT WRT11
CITY C00%LUNCIL AGENDA
COUNCIL ACTION: Approved on 11/5/20113
REFERENCE 23RABIES, CONTROL
DATE: 11/5/2013 NO.: **C-26547 LOG NAME: VARIOUS MUNICIPALITIES FN
20'114
CODE. C TYPE: CONSENT PUBLIC NO,
HEARING:
SUBJECT.- Authorize Execution of Interlocal Agreements with Tarrant County and Various
Municipalities for the Purpose of Providing Animal, and Rabies, Control, Services and Rabies
Specimen Shipments During Fiscal Year 2014 (ALL COUNCIL DISTRICTS),
1110111
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Interlocal Agreements with Tarrant
County and various mu�nicipalitie�s, within the county for the purpose of provid,i,n,g, limited animal and
rabies control and rabies specimen shipments from October 1, 2013 through September 3,0, 2014.
DISCUSSION:
The Code Compliance Department, Animal Care and Control, Division, has historically assisted,
Tarrant County and various municipalities within the county by providing lirnited animal control
services and processing and shipping 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 andwelfare. U,ndier 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
impoun�dment, bolardling, quarantine, euth,ani'zation and disposal services to a municipality.
This, Mayor and Council Communication, will authorize interlocal Agreements for Fiscal Year 201,14
with the following entities- the City of Benbrook is contracting for specimen sh,ipment services; the
,Cities, of Forest Hill,i Ken,nedale, Edgecliff Village, Pantego, and Dalworthington Gardens are
contracting for boarding, quarantine, specimen shipping,1 euthaniz,ation, chemical capture, animal care
fee and disposal services; the City of Blue, Mound and Tarrant County are contracting, for the services
listed above plus periodic routine animal control services by request. Municipalities desiring to
contract for any of these services are required to execute a new Agreement annually,
Some of our supported municipalities have initiated chemical, capture programs. Dogs that have been
captured using tranquilizer guns must be given extraordinary care when they are brought to the
shelter. The extraordinary care consists of kenneling them in specific cages that will minimize light
and noise and they must have continual monitoring by the veterinarian staff until they are awake and
have been observed drinking and eating. Fore this reason we have added a chemical capture animal
care fee of$75.010 per animal.
The following fee s,chedu,le comprises the Fiscal Year 2014 fees'.
http://apips.cfwnet.,org/leoui-icll_pa.eket/mc—review.as,p'?lDi—I 9097&counci.1d .to=1 1/5/20131 3/6/201 4
M&C Review Page 2 of 2
SERVICE FY 2,014 FEE,
Administrative Fee Per Animal Impoundment $ 50.00
Dai,ly Boarding Fee $ 15.00
Eulth unasia/Dispos,al, Fee $ 50-00
Quarantine Boarding Fee $ 20.00
Administrative Fee Per Animal Quarantine $ 100.00
Field Service, Request $ 87.00
Specimen Preparation and Shipment $ 11 00.00
Administrative Fee Per Specimen Shipment $ 25.00
Emergency Field Service Request $ 1001.00
Chemical Capture Animal Care Fee $ 75.00
Educational Presentations $70.00 per hour
Based on revenues, received from lint,erl,ocal Agreements in Fiscal Years 2012 and 2013, Staff
anticipates revenue in Fiscal Year 2014 to total $55,,000.00 from kenneling, $70,000.00 from various
services and $3,000.00 from specimen s,hi pping.
FISCAL INFORMATION/CERTIFICATION:
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.
TO Fund/Accolunt/Ceniters FROM Fund/Account/Centers
............... .............-11Ill""I","'',,."""""""-"-,,11-11,11-11,11"I............. ....... .......... ..........
Submitted for di t S Office by.-
y Mana,,ger' Charles Daniels, (6199)
-Sri ginating.Die partment Head: Brandon Bennett (6345)
Adiditional, Information Contact- Michael Camp (70201)
Shannon Elder (6326)
............................................... .................
ATTACHMENTS
http-,//apps-cfwnet,.oi.-g/council_pac,ket/mc-review,asp'.?ID=19097&coun,ei,ldate=1 1/5/2013 3/6/2014