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STATE OF TEXAS § CONTRAS NO., ry m
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
THIS AGREEMENT is made and entered into by and between the City of Fort North, 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 Town of Pantego, a Type A General Law municipal corporation located in
Tarrant County, Texas, acting by and through its duly authorized t
(hereinafter referred to as "Pantego").
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, Pantego wishes to participate in an interlocal agreement with City for the
purpose of limited rabies control in the City of Pantego; and
WHEREAS, Pantego 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
M The ose u of this interlocal Agreement is to enter into an agreement between the City
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and Pantego whereby, subject to the terms and conditions hereinafter set forth and for the
.< consideration specified below, City agrees to provide Pantego with limited rabies control
M services in the Town of Pantego, and City agrees to provide impoundment and quarantine
:K facilities for animals pursuant to this Agreement for the benefit of Pantego.
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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.
ANIMA: shall mean any living, vertebrate creature, domestic or wild, other than horno
sapiens.
ANIMAL CARE AND CONTROL CENTER shall mean the facility located at 4900
Martin Street, Fort Worth,, Texas,1 which is operated by the City for the purpose of
impounding and caring for animals as prescribed by law.
BITE shall rnean a bite or scratch capable of transmitting rabies, which is inflicted by an
animal on a human.
CAT shall mean a commonly domesticated rnernber of t. e Felidae (feline) farnily, 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 can is 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 can the rules adopted by the Texas Department of State Health Services
for rabies control and eradication under 25 TAC § 1 69.2 1 et seq.
STRAY shall mean roaming with no physical restraint beyond the premises of an
arilmal'sowner or keeper.
Interlocal Agreement with ["antego for Rabies Control for 2013-21)14 Page 2 of 9
3.
TERM
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
A. Hours
City agrees to perform the services annotated in Subsection B below, for Pantego
between the hours of 9:00 a.m. and 5:00 p.m. only, Tuesday thru Saturday, 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 either hold for the 72 hour holding period or euthanize and
process for rabies testing bite animals which are presented by Pantego to the City.
C. Impoundment of Animals
City will board animals delivered to the City's Animal Care and Control Center by
Pantego officials.
5.
DUTIES OF PANTEGO
A. Pantego 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. Pantego 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. Pantego further agrees that City is not required to pursue the
issuance and execution of such warrants.
6.
IMPOUNDMENT, QUARANTINE AND DISPOSITIW*4 OF A7yIMALS
A. A live, stray animal impounded 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. Pantego
shall provide in writing to the City the date of the bite incident and the animal's date of
release from quarantine.
lnterlocal Agreement with Pantego for Rabies Control for 2013-2014 Page 3 of 9
B. Prior to the expiration of the impoundment period, the City may destroy an impounded
animal 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) Proof of identification;
(2) Receipt or other proof of payment to Pantego 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 Pantego not reclaimed by their owner will be euthanized,
and Pantego will be billed for the cost of quarantine, euthanization and disposal as
app]icable.
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 Town of Pantego 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
Town of Pantego under the authority of Chapter 822 Subchapter D. of the Texas Health
and Safety Code.
CO 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
contact to a rabid animal or its fresh tissues.
D. Citv shall not impound stray animals if Panteilo fails to enact and maintain rules or
ordinances pursuant to Sections 826.015 and 826.033 of the Texas Health and Safe
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,
7nterlocal Agreement with Pantego for Rabies Control for 2013-2014 Page 4 of 9
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. Pantego shall
have no direct supervisory authority over such employees except in emergency situations where
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the exercise of supervision by Pantego becomes, necessary for the resolution of the emergency.
9.
CONSIDERATION
A. As fair compensation for the services rendered by City to Pantego from October 1, 2013
through September 30, 2014, Pantego agrees to pay City for its services based on the
schedule attached hereto as Attachment Al 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
,Attachment A during the to of this Agreement by giving Pantego 120 days written notice.
B. ' "he 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. In addition to boarding fees, a
quarantine fee will be charged on all animals placed into quarantine, and an administrative
fee will be charged on all animal impoundments. Euthanasia and disposal fees and head and
shipment preparation fees shall be as described in Attachment A.
C. Paritego 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 Pantego with an itemized
quarterly bill. Pantego, agrees to promptly pay such bills upon presentation by the City, such
payments to be made from current revenues available to Pantego, within thirty (30) days of
receipt. In the event of the termination of this Agreement, City shall bill Pantego for any
outstanding balance, regardless of the amount, and Pantego agrees to promptly pay such bill,
within thirty (30) days of receipt.
D. 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
Pantego in fiscal year October 2013 through September 2014.
Interlocal Agreement with Pantego for Rabies Control for 2013-2014 Page 5 of 9
10.
LIABILITIES
A. To the extent pemiitted by law, Pantego shall be responsible for all work-related deaths,
injuries or diseases of Pantego employees, and, for property damage, personal, injury or
death caused by Pantego employees or volunteers relating to work provided pursuant to
this Agreement.
B. To the extent pen-nitted by law, City shall be responsible for all work-related deaths,
injuries or diseases of City emp I loyees, and, for property damage, personal injury or death
caused by City employees or volunteers relating to work provided pursuant to this
Agreement.
C. Pantego shall be responsible for all property damages, personal injuries and death arising
from the use of Town and Pantego equipment and vehicles caused by Pantego employees
or volunteers pursuant to this Agreement. Furthemiore, Pantego shall, be responsible for
the repair or replacement of all such equipment and vehicles damaged, destroyed, lost or
stolen, caused by Pantego 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.
IL
IMMUNITY& THIRD PARTIES
A. It is expressly understood and agreed that, in the execution of this Agreement, neither
City nor Pantego 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 Pantego or City while in the performance of this Agreement. This
Agreement may not be construed to expand the liability of City or Pantego beyond the
scope of Chapter 101 of the Texas Civil Practice and Remedies Code, unless specifically
4'
stated herein..
12.
TER-MMATION
It is further agreed by and between City and Pantego, that City and Pantego shall each
have the right to terminate this Agreement upon thirty (30) days' written notice to the other
party.
Interlocal Agreement with Pantego r Rabies C ntr,ol fo 20 13-,2014 Page 6 of 9
13.
ENTIRETY
:`his 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.
MODIFICATIO
This Agreement may be modified by the mutual. agreement of the parties, if the
modification is in writing and signed by City aid Pantego.
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 unenfrceable provisions had never been contained'
herein.
'1.6.
AUTHORITY
This Agreement is made for City and Pantego pursuant to Chapter 791 of the Texas
ovenent Code.
17.
AUTHORIZATION
The undersigned officer andor 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.
1 .
FORCE MAJEURE
It is expressly understood and agreed by the patties to this Agreement that if the performance of
any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement
weather; goveental 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 patty obligated or permitted under the terms of
this Agreement to do or perfo 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.
r terI oca I Agreement with Pantego for Rabies Contro I for 2013-2014 P'age 7 of 9.
19.
FISCAL FUNDING LIMITATION
If for any reason, at any time during any tern-i 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 terniinate this Agreement to be effective on the later of (i) thirty (3 0)
days following delivery to Pantego of written notice of the City's intention to ten'ninate or i(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 Al, City, in its sole discretion, may terminate the Agreement immediately.
,01
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in triplicate this day of 2d
Tarrant County, Texas.
CITY OF FORT WORTH TOWN OF PANTEGO
harles, W. Daniels
A�*""s�isant City Manager ITS:
APPROVED AS TO FORM APPROVED AS TO FORM
mlm duo
Shur N. Bashor
Assistant City Attorney A V�6(o
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"EXHIBIT A"
SCHEDULE OF FEES TO BE PAID BY PANTEGO
DAILY BOARD: FEE
Kenneling Viper;dog, cat or other small animal) $15.00 per day
Quarantine (per animal) $20.00 per day
Quarantine fee per animal), $100,00
HEAD PR-EPARATION AND, SHIPMENT
Per Animal Head $100.00
EUTHANIZATION AND DISPOSAL
Per animal $50-00
ADMINISTRATIVE FEE (per impoundinent) $50-00
Interlocal Agreement with Panitego for Rabies Control for 2013-2014, Page,9 of 9
M&C Review Page I of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT WORTH
COUNCIL ACTION: Approved on 11/5/2013
REFERENCE 23RAB�IES CONTROL
DATE: 11/5/2013 NO. **C-261547 LOG NAME: VARIOUS MUNICIPALITIES F/Y
2014
CODE'S C TYPE: CONSENT PUBLIC N10
HEARING:
SUBJECTS' Authorize Execution of Interloc�al 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)
NOUN
REC011MMENDATION:
It is recommended that the City Council authorize the execution of Interlocal 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 October 1, 2�01 3 through September 30, 2014.
DISCUSSION:
The Code Compliance Department, Animal Care and Controls 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 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 sh�i!pping. Section 91.011 of the
Texas Government Code provides that a liocal government may contract with another local
government to perform "governmental functions and services,"" which includes functions and services
related to pubil�ilc health and welfare. Under this provision, the City of Fort Wolrth may enter into an
interlocal Agreement so that the Animal Care and Control Division, may provide animal control, animal
impoundment, boarding, quarantinel, euthanization and disposal services to a municipality.
This Mayor and Council Communication will authorize inIerlocal Agreements for Fiscal Year 2014
with the following entities: the City of' Benbrook is contracting for Specimen shipment services; the
Cities of Folrest Hill, Kennedale, Edgecliff Vi�ll:age, Pantego, and Dalworthington Gardens are,
contracting for boarding, quarantine, specimen, shipping, euth�anization, 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 chem�ilcal capture programs. Dogs that shave 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. For this reason we have added a chemical capture animal
care fee of$75.00 per animal.
The following fee schedule comprises the Fiscal Year 2014 fees:
http://apps.cfvvnet.org/council—Packet/mc—review,.asp'.?ID=19097&counci I date=11/5/2013 5/6/2014
M&C Review Page 2 oft
SERVICE FY 2014 FEE
Administrative Fee Per Animal Impoundment $ 50-00
Daily Boarding Fee $ 15-00
Euthanasia/Disposal Fee $ 5 0.01 0;
Quarantine Boarding Fee $ 20.00
Administrative Fee Per Animal Quarantine $ 100-00
Field Service Request $ 87.00
Specimen Preparation and Shipment $ 100.100
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, $701,000-00 from various
services and $3,000.00 from specimen shipping.
FISCAL INFORMATION/CEIRTIFICATION:
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 F u nd/Account/C enters FROM Fund/Account/Centers
................... ......-11111.1-1.......... ------ .......... .......................
Submitted for C*ily Manager's Office by: Charles Daniels (51'0'0}
Originatin a artn ent Head: Brandon Bennett (63,45)
Michael Camp (7020)
Additional Informafion Conta.ct:- Shannon Elder (6326)
.......----—------------------.... ............................. ..................................... ...............11111111111-1--......
ATTACHIVIENTS
I)
httpl-//apps.cfwnet.org/cou,ncil,_pa,cket/mc–i-eview.asp?ID=I 9097&councildate=11/5/2013 5/6/2014