HomeMy WebLinkAboutContract 45439 STATE OF TEXAS CAOPY SECRUARY
§ Cow"a We
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COUNTY OF TAR RANT §
INTERLOCAtj AGREEMENTFOR RABIES CONTROL
THIS AGRE1EMENT is made and entered into by and between the City of Fort Worth, a
home-rule municipal corporation situated in 'Yarrant, Denton', Parker, and Wise Counties,, Texas,
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acting by and thro-ugh its duly authorized Assistant City Manager (here i narter referred to as
",City"), and the 0
City f'Blue Mound rexas, a Type A general law municipal corporation located
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in Tarrant nty, acting by and through its duly authorized
(,hereinafter referred to as "Blue Mound"'
W I T N E S S ETA
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 goven-imental 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 minimuni,
standards or 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 carryout activities required or authorized under the Act; and
WHEREAS, Blue Mound wishes to participate in an interlocal agreement with City I-Or
the purpose of limited rabies control in the City o lI, Blue Mound; and
WHEREAS,, Blue Mound and City mutually desire to be subjject to the provisions of
Chapter 791 of the Texas Government Code, also known as the'hiterlocal Cooperation Act.
NOW, THERE FORE it is agreed as follows,
1.
PURPOSE
The purpose of this Inter ocal Agreenient is to enter into an, Agreement between City and
Blue Mound whereby, subject to the tern-is and conditions hereinafter set, forth and consideration
� I
specified below, City agrees to ov
pride Blue Mound with limited rabies control services, and
further that City agrees, to provide for the i,inpoundment and quarantine facilities for aninials,
impounded and quarantined under this Agreement for the benefit of Blue Mo
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2.
DEFfNTIONS
For the purposes of this Agreement, the lo llowi'ng definitions shall apply.-
ACT shall mean the Rabies Control Act of 198 1, codified as Chapter 826 of the Texas
Health and Safety Code.
ANIMAL shall nie,an any ,fiving, vertebrate creature, domestic or wild, other than honeo
sapi.e!ns.
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 bylaw.
13171"'E shall rnean a bite or scratch capable of transinitting rables, which is inflicted by an
animal on a human.
CAT shall mean a commonly domesticated, member of the Felidae (feline) family, other
jaguar, panther, leopard, cougar, or other prohibited animal.
than a,lion, tiger, bobeat, 1 1 1
DANGEROUS DOG shall mean a dog that makes anunprovoked attack on a person or
other animal that causes bodily iqJury and occurs in a place other than an en,closure in
which the dog is being kept and that was reasonably certain to prevent the dog f` m
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 bodilyinjury to that person.
DAY shall mean a calendar day or any part thereof
DOG shall mean canis farn iii ari.s.
QUARANTINE shall mean the strict confinernent of a biting animal, in accordance with
the Act and the Rules.
RABIES shall mean an acute viral disease of nian and animal affecting the central
nervous systen-i and usually transmitted by an ani'mal bite.
R"U'LES shall mean the rules adopted by the Texas Department of State Health Services
I I
for rabies control i 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.
Interlocal Agreement with Blue Mound for Rabies Control for 2013-201 Page 2 of 10
3.
TE1W
The term of this, Agreement is for a period of one (1) year commencing on October 1,
2013,, and ending on September 30, 2014.
4.
SERVICES BY CITY
Ho
A. urs,
City agrees to perform the services annotated in Subsection B below, for Blue Mound,
between the hours of 9:010 a.m. and 5,-,00 p.m. only excluding holidays, with no after
hours service provided.
B. Calls For Service
City will screen and respond to the inc oni,ing calls listed below in the manner and to the
extent that it deems appropriate, including but not limited to the i.mpoundment of stray
animals, animals suspected of being rabid and the euthanizing, of sick or injured animals.
Incorning calls include:
(1) Reports of stray injured, animais,,
(2) Reports of.stay dangerous dogs-,
(3); Reports of captured animals-,
(4) Reports by officials of public or private elernen tart' zind secondary schools
of stray animals upon or near school property,- and
(5) Requests by Blue and to patrol for stray animals in specific, areas on a,
limited basis.
C. Rabies Response
In. the manner and to the extent that it deems appropriate and in accordance with the
A
Rules and the A4, City will either hold for the 72 hour holding period or euthanize anal
process for rabies testing bite animals which are presented by Blue Mound to the City.
D. Educational Services,
City will provide, upon written request, by Blue Mound and as practicable and available,
educational programs and speakers on the topic of rabies control and eradication.
E. Im, I
pound ment of Anmals
City Will board animals delivered to the City's An,1.nial are and Control Center by Blue
Mound officials.
Interlocal Agreement with Blue Mound for Rabies Control for 2013-2014 Page 31 off"10
5.
DUTIES O�F BLUE MOUND
A. Blue Mound agrees that it will retain all responsibility for enforcement of all aspects of
the Act not covered in Paragraph 4 of this Agreement, including criminal enforcement.,
B. Blue Mound agrees, that, it will provide prompt response by the Blue Mound Police
Department to calls for assistance by the City when performing services under this
Agreement.
C. Blue and 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 quanantine or testing. Blue Mound further agrees that City is not required to
pursue the issuance and execution of sucli warrants.
6.
IMPOUNDMENTA D DISPOSITIONOF ANIMALS
A. A live, stray animal im.pounded. by the City under this Agreement 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. Blue
Mound shall provide in, writing to the ("'ity the date of the bite incident and the ani'mal's,
date ofrelease i`rom quarantine.
B. Prior to 'the expiration of the ti,-npoundment period, the City may destroy an impounded
aninial if the Superintendent 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 animals will be released to their owners upon:
(1) P,roo,f of identification*
(2) Receipt or other proof of payment to Blue Mound 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 ai,I,imal's owner resides within the City.
D. The ownership of impounded animals, that have not been released to their owners, on the
expiration o,f the im.poundment period reverts to the City., and the animals may be pilaced
for ado ti or eumanized, at the sole discretion of the City.
on
E. All quarantined animals from Blue Mound not reclaimed by their owner will be
euthanized, and Blue Mound will be billed for the cost of quarantine, euthanization and
disposal as applicable.
J,nterlocal Agreement wi(h Blue Mound for Rabies Control for 2013-2014 Page 4 of 10
F4
7.
EXCLUSIONS
A. Nothing 1 t i's Agreen,e t sl ill be deemed as desigi,iattrig the City or an fftc r or
employee of t, e City as the, ""local health authority" or "local rabies control authority""
Blue as those terms are defined or used, inTitle 10 of the Texas, Health and Safety
Code.
3. Nothing in this Agreement s . .11 be deemed as requiring the City to investigate reports of
dangerous dogs, to register dangerous dogs, or otherwise regul.ate dangerous dos in Blue
Mound under the authority of Chapter ter 2 Su"behapter D. of the '""exaS H'ealth and Sa t
Code.
C. N tl ing In this Agreement shall be eerned as requiring the City to u r nt e or present
-1"*or testing domestic animals th,-A have been Otte by or erectly exposed by physical
1.
contact. to a rabid an"In or lts frest'i tissues.
'l s .all not patrol for or impound stray animals, f Blue Mound n fails to enact alid
maintain 111es our- ordin,alice tiant to Sects s 826.015 and 826.033 of the Texas
Health and Safety Code fliatIf i e anituals, to be i-estrained at all times.
RES PO SI LIT' F OR E P1 0Y E
City employees who provide services under tl l.s Agreement are d e e 1 to be City
einp1 yetis when providing such services. City will exercise complete: control over the hiring,,
training, supervision, and conduct of such e 1 yetis. City will be responsible l� r all wages and
applicable payroll deductions, en-ipl yrnent taxes, workers' compensation insLi.rance
, and fringe employees and for all unlforrns, vehicles an
equipment use
shall, have rio direct supervisory uthor ty over stich empiloyees except in emergency situations
where the exercise of supervl l n by Blue Mound b eo m s necessary for resolution. of the
emergency. Regarding workers" co pensatl i.r urance, the CIty shall not waive its rIght to
subrogate against Blue Mound for dosses incurred in, the course of City's, services rep tiered to
Blue MOLuid under this Agreement.
Interlocal Agreement with 131 tie,Mound for R.bi es Co�ntr l fior 2013.20 14 flage 5 of 1
9.
CONSIDERATION
A. As, fair, compensation for the services rendered by City to Blue Mound from October 1 2013
through September 30, 2014, Blue mound agrees to pay pity for its services based on the
schedule attached hereto as Attachment A, as pertinent, which is hereby incorporated as a
part of this Agreement as if it were set ford at length. City may adjust any fee listed in
y giving
�.ttaclux�e�at. durin tl�e ter�r�: of this A reetent: .flue fund 120 days written
notice.
B. 'Fhe number of boarding days, for billing purposes, will begin on the day that the animal is
impounded and continue as long as the animal is held, I'll add:t. n to boarding fees a
quarantine fee will he charged on all animals placed into quarantine, and an administrative
fee will be charged on all animal impoundments. uthanasia and disposal fees and head and
shipment preparation fees shall be as described ire.Attachment A.
C. Blue Mound will not pay City more than 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 Blue Mound with an itemized
quarterly hill. Blue Mound agrees to promptly pay such bills upon presentation by the City,
such payments to he n1a.d e fro in current revenues available to Blue Mound, withi n thirty (30)
days of receipt. In the evert of the termination of this Agreement, Cite shall hill Blue.
Mound for any outstanding balance, regardless of the ainow-it, and Blue Mound agrees to
promptly pay such bill., within thirty 3 0) days of receipt,
D, P,ursuant to the requirements of Section 791.011(d)(3') of the '1"exas GoverrL rent Code, the
amount due City under subparagraph A. above shall be paid from reveres, available to e
Mound i,r fiscal year October 2013 thyoug,h. September 2014.
1. .
LIABILITIES
A. To the extent permitted by lave, ;flue mound shall he responsible for all vorl related.
deaths, injuries or diseases of blue Mound employees, and for property damage, personal
injury or death caused by such employees, relating, to work provided pursuant to this
Agreement;.
B. To the extent permitted by law, City shall be responsible .err 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
C. Blue Mound shall be responsible for all. property damages, personal ir!Ju.ries and death
caused by the use of City and Blue Mound equipment and vehicles pursuant to this
Agreement. F he .none, Blue Mound shall he responsible for the repa ir or replacement
Interlocal Agreement with BILle Mound o�r Rabies control for 2013-2014-201 Page of*
of all such equipment and vehicles damaged, destroyed, lost or stolen by Blue Mound
employees or volunteers during the provision of services hereunder.
D. City shall be responsible for, all property damages, personal injuries and death caused by
the use of City equipment and vehicles caused by City employees or volunteers, pursuan't
to this Agreement. FtIrthermore, City shall be responsible for the repair or repla,cement
of all such equipment and vehicles damaged, destroyed, lost or stolen caused by City
employees or volunteers during the provision of services hereunder.
IL
IMMUNITY & THIRD PARTIES
A. It is expressly understood and agreed that, in the exe ution of this Agreement, neither
City nor Blue Mourid waives 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 Agq-eeinent shall be construed to benefit any third lay other than an
employee or officer of Blue Mound or City while in t'I
ne performance of this Agreement.
"I'his Agreement may not be construed to expand the liability of City or Blue Mound
beyond the scope of chapter 101 of the Texas Civil Practice and Remedies Code unless
s fic
peci ally stated herein.
12.
TERM.INATION
It is further agreed by and between City (and Blue Mound that City and Blue Mound shall
each have the right to term-inate this, Agreement upon thirty (30) days written notice to the other
Marty.
E,N III,(ETY
This Agreement contains all commitments and agreencents of the parties hereto, and no
other oral or written commitments shal I have any force or effect if not contained herein.
14.
MODIF]"CATION
This Agreement may be modified, by the inutual agreement of the parties, if the
modification is in writing and signed by City and Blue Mound.
15.
SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall for any
� i-i -ceab -espec, ,
reason be held to be invalid,1 illegal, or unef"m le in any i t such *Invalidity, illegality, or
Interlocal Agreernent with Blue MOLIDdfor Rabies Control for 2013-2014 Page 7 of 10
unen.forceability 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.
16i.
This Agreement is made for City and, Blue Mound as an Interlocal Agreement pursuant to
Chapter 791 of the Texas Governmerit Code,
17.
AU]"HORIZATION
The undersigned o fficer and/or agents of the parties hereto are rop:erly authorized
officials and have the necessary authority to execWe this Agreement on behalf of the parties
hereto, and each party hereby certifies to the then 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 prone rns.; or any
other circumstances which are reasonably beyond the control of the party obligated or pennitted,
under the to of this Agreement to do or perform the same, regardless of whether any such
circ-Lu'n stance is similar to any of those enun-ierated or not, the party so obligated or permitted
shall be excused from do.mg or performing the same during such period of delay.
'19.
FISCAI.-.. FUNDTNG LIMI"I"'ATION
If for any reason, at any time during any ten-n of this Agreement, the Fort Worth City
Council falls to appropriate I`bnds sufficient -f`6r 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 delivery to Blue Mound 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 f the purposes set fortl'i
in this Agreei-nent.
20.
HOME1,AND-SEC'1JR1TY
If the United States De issues a Level Or, or Level
partmeilt of Honi.eland Security *
Red Alert, City', in its sole discretion, j�iiay terminate the Lease immediately.
Interlocal Agreement with Blue Mound for Rabie Control for 2013-2014 Page 8 of 10
01
EXECUTED in tri'plicate this day of 20/yin Tarrant
County�, Texas.
GITY OF FOR"I' WORIII. cl"I"Y' Off" BLUE MOUND
....... .......
arles W. Daruels BY:
Assi,stant City Manager
APPROVED AS TO FORM APPROVED AS TO FOR,, M.
6161
Arthur N. Bashor
Assistant City AtIomey City Attomey
...............
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010
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Mary J. ..........q Secretary I�µs,��„
City Secre 44*0 loci
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M&C 6547
OFFICIAL RECORD
interlocal Agreement witb Blue Moo r Rabiles Control,for 2013-2014
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*'WORTH,TX
"EX"IJIBIT All
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SCHEDULE OFITES PAID BY COUNTY
DAILY BOARD FEE
Kenneling (per dog, cat or of her sinall animal) $15.0 0 per day
Quarantine (per aDirnal) $20.00 per day
Quarantine fee (leer animal) $100.00
SERVICE CALLS AND RABIES RESPONSE
(Excluding head preparation and shipment)
Per Request $87.00
HEAD PREPARATION AND SHIPMENT
Per Animal Head $100.010
EDUCATIONAL SERV10ES,
Per Staff Hourly Charge $70.00
EUTHANIZATIONAND DISPOSAI
Per animal $15.00
AFTI--".R-HOURS,, WEEKEND AND EMERGENCY ANIMAL CONTROL RESPONSE
Per Request $100.00
Administrative Fee (per impoundment) $510.00
Interfocal Agreenient with Blue Moundfor Rabies C"ontrol for 2013,-2014 'Page 1 0of 10
M&C Review Page lof2--
Official site of the City of Fort Worth,Texas
FO RT WO R T 11
CITY U 3 AG14ENDA
COUNCIL ACTION: Approved on 11/5/2013
DATE.- 11/5/2013 REFERENCE 23RABIES CONTROL
N 0.: "C-26547 LOG NAME: VARIOUS MUNICIPALITIES F/Y
2014
CODE: C, TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT-,, Authorize Execution of Interloical Agreements with Tarrant County and Various
Municipalities, for the Purpose of Providing Animal and Rabies, Control Services and Rabies,
Specimen Shipments During Fiscal Ye�ar 2014 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recomme�nded that the City Council authorize the e ution of Int,erlocal Agreements with Tarrant
County and various municipalities within the county for the purpose of providing limited animal and
rabies control and rabies specimen shipments from Octob r 1, 2013 through September 30, 2014.
DISCUSSION-.-
The Code Compliance Department, Animal Care and Control Division, has historically assisted
Tarrant County and various municipalities within, the county by providing limited animal, control
services and processing and shipping of specimens to the Oureau 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 slecimen shi'ppling. Section 791.011 of the
Texas Government Code provides that a local government olay 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.
This, Mayor and Council Communication will authorize inter'local Agreements for Fiscal Year 2014,
with the foillowing entities.- the City of Benbrook is contracting for specimen shipment services; the
Cities, of Forest bill, Kennedale�, Edgecliff' Pillage, Pantego and Dalworthington Gardens are
contracting for boarding, quarantine, specimen shipping, euthanization, 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 hew Agreement annually.
Some of our supported municipalities have initiated chemical capture programs. Dogs that have been
captured using tranqu,ilizer guns must be given extraordinary, care when they are brought to, the
shelter. 'The extraordinary care consists of kenneling them ing 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. For this reason we have added a chemical capture animal
care fee of $75.00 per animal.
The following fee schedule comprises the Fisca,l, Year 2014 fees:
http-Happsi.cfwnet.org/co,uncil 3 4,/?0 1 A
0 _j,3acket/mc_review.asP?1D 1,9097&counci1date=-1 1/5'/2013
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MC Review Page 2 of 2
SERVICE FY 2014 FEE
Administrative Fee Per Animal Impoundment $ 50.00
Daily Boarding Fee $ 15.00
Euthanasia/Dis,posal Fee $1 50-00
Quarantine Boarding Fee $ 2,0.00
Administrative Fee Per Animal Quarantine $ 100-00
Field Service Request $ 87.00
Specimen Preparation and Shipment $ 100.00
Administrative Fee Per Specimen Shipment $ 25-00
Emergency Field Service Request $ 100.00
Chemical Capture Animal Care Fee $ 75.00
Educational Presentations $70.00 per hour
Based on revenues, received from Interlocal 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 shipping.
FISCAL INFORMATIONIXERTIFICATION:
The Financial Management Services, Director certifies that the Code Compliance Department, Animal
Care and Control Divisions responsible for the collection and deposit of funds due to the City.
TO Fund/Ac,count/Cen,ters FROM Fund/AccounVCenters
............... ------ ......... ..........
S u bm itted fo r C IV-�La n a c Offic Charles Dan:iels (619,9)
ier's i
OLiginating, Q�g,p i1rt men m Head-, Brandon Bennett (6345)
- ,,-- 0
Add'itional Informafilon Contact: Michael Camp (7020)
Shannon Elder (632,6)
............ .........
ATTACHMENTS
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