HomeMy WebLinkAboutContract 32624 CITY SECRETARY
CONTRACT NO.
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STATE OF TEXAS §
COUNTIES OF TARRANT §
DENTON AND WISE §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
THIS AGREEMENT by and between the City of Fort Worth, a home-rule
municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter
called "City", acting herein by and through Joe Paniagua, its duly authorized Assistant
City Manager, and the City of Blue Mound, Texa hereinafter called "Blue Mound",
acting herein by and through ,:Yrwq— its duly
authorized �Ylavnr
WITNESSETH :
WHEREAS, VTCA, Government Code, Chapter 791, authorizes the formulation
of interlocal cooperation agreements between and among municipalities and counties;
for the performance of governmental functions;
WHEREAS, Chapter 826 of the Health and Safety Code, Vernon's Texas Codes
Annotated, also known as the Rabies Control Act of 1981, requires counties to
designate a local rabies control authority to enforce the Act and minimum standards for
rabies control adopted by the Texas Board of Health;
WHEREAS, Section 826.016 of said Act authorizes municipalities to enter into
agreements with public entities to carry out activities required or authorized under the
Act;
WHEREAS, Blue Mound wishes to participate in an interlocal agreement with
City for the purpose of limited rabies control in the unincorporated areas of Blue Mound;
and
WHEREAS, Blue Mound and City mutually desire to be subject to the provisions
of VTCA, Government Code, Chapter 791, 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
City and Blue Mound whereby, subject to the terms and conditions hereinafter set forth
and consideration specified below, City agrees to provide Blue Mound with limited
l
Interlocal Agreement with Bluemound
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rabies control services in Blue Mound, and further that City agrees to provide for the
impoundment and quarantine facilities for animals impounded and quarantined under
this Agreement for the benefit of Blue Mound.
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
Health and Safety Code, Vernon's Texas Codes Annotated.
ANIMAL shall mean any living, vertebrate creature, domestic or wild, other than
homosapiens.
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 that causes bodily injury and occurs in a place other than an enclosure in
which the dog was being kept and that was reasonably certain to prevent the dog
frorn 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.
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 Board of Health 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.
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3.
TERM
This Agreement shall be effective October 1, 2005 and shall terminate
September 30, 2006.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services in Subsection B., C., and D. for Blue Mound
in the City of Blue Mound, between the hours of 8:00 a.m. and 4:00 p.m. week
days and weekends, excluding holidays. In the event of an emergency, involving
potentially rabid animals that occur after-hours, weekends, or holidays, City
agrees to provide services in Subsection B., C., and D. in the manner and extent
that the City deems appropriate.
B. Calls For Service
City will screen and respond to the following incoming calls in the manner and to
the extent that it deems appropriate, including but not limited to the impoundment
of stray animals and the euthanizing of sick or injured animals:
(1) Reports of stray injured animals;
(2) Reports of stray dangerous dogs;
(3) Reports of captured animals;
(4) Reports by officials of public or private elementary and secondary
schools of stray animals upon or near school property; and
(5) Requests by Blue Mound 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 Rules and the Act, City will:
(1) Screen incoming calls, take reports and investigate such reports of
bites or of animals that are suspected of being rabid;
(2) Place animals referred to it in C(1) above in rabies quarantine or
euthanize such animals for rabies testing;
(3) Process and ship other animal heads for rabies testing which are
presented by the Blue Mound to the City; and
(4) Provide surveillance and trapping of suspected bite animals and of
animals that are suspected of being rabid.
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.
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5.
DUTIES OF 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's
Police Department to calls for assistance by the City when performing services
under this Agreement.
C. Blue Mound 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 Paragraph 4 (C) of this Agreement, whose
owners have failed or refused to place them for quarantine or testing. Blue
Mound further agrees that City is not required to pursue the issuance and
execution of such warrants.
6.
IMPOUNDMENT AND DISPOSITION OF ANIMALS
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 Rules.
B. Prior to the expiration of the impoundment period, the City may destroy an
impounded animal if the Director of Public Health of the City or the Animal Care
and Control Center's veterinarian recommends and approves such action.
C. Impounded animals will be released to their owners upon:
(1) Proof of identification;
(2) Receipt issued by Blue Mound showing payment of kenneling fees; and
(3) Purchase of a City license tag if the animal is a dog or cat and the 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 discretion of the City.
E. All quarantined animals from the Blue Mound not reclaimed by their owner will be
euthanized and Blue Mound will be billed for the cost of quarantine, euthanization
and disposal.
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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 Blue Mound as those terms are defined or used in Title 10,
Health and Safety Code, Vernon's Texas Codes Annotated.
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 Blue Mound, under the authority of Chapter 822 Subchapter
D. of the Health and Safety Code, Vernon's Texas Codes Annotated.
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 contact to a rabid animal or its fresh tissues.
D. City shall not patrol for and/or impound stray animals if Blue Mound fails to enact
and maintain rules or ordinances pursuant to Section 826.014 and 826.033 of the
Act, that require animals in Blue Mound 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 (except as provided in Paragraph 5(D) of
this Agreement) used by such employees for providing services under this Agreement.
Blue Mound shall have no direct supervisory authority over such employees except in
emergency situations where the exercise of supervision by Blue Mound becomes
necessary. Regarding workers' compensation insurance, the City shall not waive its
right to subrogate against the Blue Mound for losses incurred in the course of City's
services rendered to Blue Mound under this Agreement.
9.
CONSIDERATION
A. As fair compensation for the services rendered by City to Blue Mound from
October 1, 2005 through September 30, 2006, Blue Mound agrees to pay City
for its services based on the schedule attached hereto as "Exhibit A", 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 Blue Mound 120 days notice. Blue Mound will not pay
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City more than total for services during the term of this
Agreement, and when such amount is reached, City will cease providing such
services. City agrees to provide Blue Mound with an itemized monthly bill.
Blue Mound agrees to promptly pay such bills upon presentation by the City,
such payments to be made from current revenues available to Blue Mound.
In the event of the termination of this Agreement, City shall bill the Blue
Mound for any outstanding balance, regardless of the amount, and Blue
Mound agrees to promptly pay such bill.
B. Pursuant to the requirements of Government Code § 791.011(d)(3), the
amount due City under subparagraph A. above shall be paid from revenues
available to Blue Mound in fiscal year 2005 through 2006.
10.
FEES CHARGED ANIMAL OWNERS
Blue Mound hereby agrees that City may charge, or cause to be charged, the
fees set out in "Exhibit B" to Blue Mound for animals which have been impounded or
quarantined. "Exhibit B" is hereby incorporated as a part of this Agreement as if it were
set forth at length. City is hereby authorized to increase said fees during the terms of
this Agreement by giving Blue Mound 120 days notice.
11.
LIABILITES
A. To the extent permitted by law, Blue Mound shall be responsible for all work-
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 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. Blue Mound shall be responsible for all property damages, personal injuries and
death caused by its use of City equipment and vehicles pursuant to this
Agreement. Furthermore, Blue Mound shall be responsible for the repair or
replacement 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 its use of city equipment and vehicles caused by City employees or
volunteers pursuant to this Agreement. Furthermore, City shall be responsible
for the repair or replacement of all such equipment and vehicles damaged,
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destroyed, lost or stolen caused by City employees or volunteers during the
provision of services hereunder.
12.
IMMUNITY & THIRD PARTIES
A. It is expressly understood and agreed that, in the execution of this Agreement,
neither City nor Blue Mound 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 Blue Mound or City while in the performance of this
agreement. This 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 specifically stated herein.
13.
TERMINATION
It is further agreed by and between City and Blue Mound that City and Blue
Mound shall each have the right to terminate this Agreement upon thirty (30) days
written notice to the other party.
14.
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.
15.
MODIFICATION
This Agreement may be modified by the mutual agreement of the parties, if the
modification is in writing and signed by City and Blue Mound.
16.
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.
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17.
AUTHORITY
This Agreement is made for City and Blue Mound as an Interlocal Agreement
pursuant to VTCA, Government Code, Chapter 791.
18.
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.
-46
EXECUTED in triplicate this day of L
2005, in Fort Worth, Tarrant County, Texas.
CITY OF7FT WORTH CITY OF BLUE MOUND
Joe P ni u By: -f-o�
Assis nt ity M nager Title: i-
APPROVED AS TO FORM APPROVEQ APPROVEAS TO FORM
Assistan ity Attorney City A orney
ATTEST: SEAL:
A -V I
Marty Hendrix
City Secretary
Contract AUthorizatioa
Date
Interlocal Agreement with Bluemound '�'_' ML�"
CRN09.26.050
"EXHIBIT A"
SCHEDULE OF FEES PAID BY BLUE MOUND
DAILY BOARD FEE
Kenneling (per dog, cat or other small animal) $15.00 per day
Quarantine (per animal) $20.00 per day
SERVICE CALLS AND RABIES RESPONSE
(Excluding head preparation and shipment)
Per Request $70.00
HEAD PREPARATION AND SHIPMENT
Per Animal Head $80.00
EDUCATIONAL SERVICES
Per Staff Hourly Charge $70.00
EUTHANIZATION AND DISPOSAL
Per animal $15.00
AFTER-HOURS, WEEKEND AND EMERGENCY ANIMAL CONTROL RESPONSE
Per Request $80.00
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"EXHIBIT B"
CITY'S ANIMAL CARE AND CONTROL'S SCHEDULE OF
FEES TO BE PAID BY ANIMAL OWNERS FOR RECLAIMED ANIMALS
RABIES VACCINATION FEE
Per reclaimed dog or cat $ 9.00
DAILY BOARD FEES:
Kenneling (dog, cat, small animal) $15.00 per day
Kenneling (other than dogs, cats or small animal) $15.00 per day
Quarantined animals $20.00 per day
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/6/2005
DATE: Tuesday, September 06, 2005
LOG NAME: 50RABIESMNCPL06 REFERENCE NO.: **C-20962
SUBJECT:
Approval of Interlocal Agreement and Fee Increase between the City of Fort Worth and Other
Tarrant County Municipalities for the Purpose of Rabies Control and Rabies Specimen Shipment
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept and execute interlocal agreements between the City of Fort
Worth and other Tarrant County municipalities for the purpose of rabies control and rabies specimen
shipment from October 1, 2005 through September 30, 2006; and
2. Approve the fee schedule increases as shown below.
DISCUSSION:
The Animal Care and Control Division has historically assisted some Tarrant County municipalities in the
processing and shipment of head specimens to the Bureau of Laboratories in Austin for the purpose of
rabies control including rabies specimen shipping, the kenneling of impounded animals and euthanization.
The Texas Government Code, Chapter 791.011 provides that a local government may contract with
another to perform "governmental functions and services". Under this code, the City of Fort Worth Animal
Care and Control Division may provide animal impoundment, boarding, quarantine, euthanization and
disposal services to a municipality. In FY 2005, 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 Village
of Blue Mound contracted for these services plus animal impoundment. Municipalities desiring to contract
for any of these services are required to renew the agreement annually.
In June 2005, at the request of the Public Health Department, the City's Internal Audit Department
conducted an audit of all costs associated with all animal care and control services. The Internal Audit
Department advised the Public Health Department that the fees for service response, educational services
and animal housing for the unincorporated areas of Tarrant County and other municipalities should be
increased in order to recover the costs of providing these services. These fee increases will not impact Fort
Worth residents. Upon City Council approval, the following contract fees will be effective October 1, 2005:
SERVICE CURRENTFEE PROPOSEDFEE
Daily Board Fee $12.00 $15.00
Euthanization/Disposal Fee $12.00 $15.00
Quarantine Board Fee $18.00 $20.00
Service Request $56.00 $70.00
Emergency Service Request $65.00 $80.00
Logname: 50RA13IESN NCPL06 Page I of 2
Educational Services $56.00/hr $70.00/hr
Animal Head Shipment/Rabies Testing $65.00 $80.00
Municipalities that contract for impoundment services will be responsible for all property damages,
personal injuries and death caused by the use of city equipment and vehicles. In addition, the municipality
shall be responsible for the repair or replacement of all such equipment and vehicles damaged, destroyed,
lost or stolen during the provision of services.
City staff recommends the approval of this M&C with the fee increases listed above.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Public Health Department, Animal Care and Control Division will be
responsible for the collection and deposit of funds due to the City as a result of this action.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 4(VARIOUS) 0504001 $800.00
GG01 4(VARIOUS) 0504002 $26,000.00
Submitted for City Manager's Office by: Joe Paniagua (6140)
Originating Department Head: Daniel Reimer (871-7201)
Additional Information Contact: James Agyemang (3743)
Logname: 50RABIESN4NCPLO6 Page 2 of 2