HomeMy WebLinkAboutContract 30929 CITY SECRETARY
CONTRACT NO. L�2
STATE OF TEXAS §
§
COUNTIES OF TARRANT §
AND DENTON §
INTERLOCAL AGREE:"ENT FOR RABIES CONTROL
THIS AGREEMENT by and between the City of Fort Worth, a home-rule
municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter
called "City", acting herein by and through Joe Paniagua, its duly authorized Assistant
City Manager, and Tarrant County, Texas, hereinafter called "County", acting herein by
and through Tom Vandergriff, its duly authorized County Judge, as directed by the
Commissioners Court of Tarrant County, Texas,
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 and
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; and
WHEREAS, Section 826.016 of said Act authorizes the Commissioner's court of
a county to enter into agreements with public entities to carry out activities required or
authorized under the Act; and
WHEREAS, County wishes to participate in an interlocal agreement with City for
the purpose of limited rabies control in the unincorporated areas of Tarrant County; and
WHEREAS, County 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 County whereby, subject to the terms and conditions hereinafter set forth and
consideration specified below, City agrees to provide County with limited rabies control
services in the unincorporated areas of Tarrant County, and further that City agrees to
DRAFT CONTRACT
provide for the impoundment and quarantine facilities for animals impounded and
quarantined under this Agreement for the benefit of County alone.
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
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 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
The term of this Agreement is for a period of one (1) year commencing on
October 1, 2004, and ending on September 30, 2005.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services in Subsection B., C., and D. for County in the
unincorporated areas of Tarrant County, 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. and C. 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, the euthanizing of sick or injured animals, and the killing of
animals which cannot be captured safely and which present an immediate threat
to the health or safety of humans or domestic animals:
(1) Reports of stray injured animals;
(2) Reports of stray dangerous dogs by handicapped or elderly
citizens
(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 County 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 County to the City; and
(4) Provide surveillance and trapping of suspected bite animals and of
animals that are suspected of being rabid.
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5.
DUTIES OF COUNTY
A. County 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. County agrees that it will provide prompt response by the Sheriffs Office to calls
for assistance by the City when performing services under this Agreement.
C. County 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. County further
agrees that City is not required to pursue the issuance and execution of such
warrants.
D. County agrees to provide City with three (3) dog traps and six (6) cat traps at the
commencement of this Agreement and will replace any of such traps that are
stolen or destroyed within 30 days during the term of this Agreement. If this
agreement is not renewed, such traps will be returned to County.
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 ownership;
(2) Proof of identification;
(3) Payment of kenneling fees;
(4) Purchase of a City license tag if the animal is a dog or cat and the owner
resides within the City; and
(5) Arranging for a rabies vaccination for the animal if it is a dog or a cat and
its vaccination is not current.
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 County not reclaimed by their owner will be
euthanized and the County will billed for the cost of quarantine, euthanization
and disposal.
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 County 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 unincorporated areas of Tarrant County, 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 County fails to enact and
maintain rules or ordinances pursuant to Section 826.014 and 826.033 of the Act,
that require animals in the unincorporated areas of the County 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. County shall have no direct supervisory authority over such
employees except in emergency situations where the exercise of supervision by County
becomes necessary. Regarding workers' compensation insurance, the City shall not
waive its right to subrogate against the County for losses incurred in the course of City's
services rendered to County under this agreement.
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9.
COMPENSATION
A. As fair compensation for the services rendered by City to County from October 1,
2004 through September 30, 2005, County 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 County 120 days notice.
County will not pay City more than $501W0,00 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 County Auditor with an itemized monthly bill.
County agrees to promptly pay such bills upon presentation by the City, such
payments to be made from current revenues available to County. In the event of the
termination of this Agreement, City shall bill the County for any outstanding balance,
regardless of the amount, and County 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 County
in fiscal year 2004 through 2005.
10.
FEES CHARGED ANIMAL OWNERS
County hereby agrees that City may charge, or cause to be charged, the fees set
out in "Exhibit B" to the owners of 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 the County 120 days notice. If an animal's owner reclaims the
animal and pays the kenneling fees, then the City will not charge the County for
kenneling such animal under the Fee Schedule in "Exhibit A". If a quarantined animal's
owner reclaims the animal and pays the quarantine fees, then the City will not charge
the County such fees. A check written by an owner in payment of these fees is
considered a contingent payment. If the check written by an owner is subsequently
dishonored, the check shall not be considered payment and County shall be responsible
to City for the fees.
11.
LIABILITES
A. To the extent permitted by law, County shall be responsible for all work-related
deaths, injuries or diseases of County 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, County shall be responsible for all work-related
deaths, injuries or diseases of City employees, and for property damage.
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Personal injury or death caused by County employees or volunteers, relating to
work provided pursuant to this agreement.
C. County shall be responsible for all property damages, personal injuries and death
caused by the use of City and County equipment and vehicles pursuant to this
agreement. Furthermore, County shall be responsible for the repair or
replacement of all such equipment and vehicles damaged, destroyed, lost or
stolen by County 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 pursuant to this agreement. Furthermore, City shall 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.
12.
IMMUNITY & THIRD PARTIES
A. The County expressly waives its right to assert immunity from suit for a claim
forming the basis of a suit between the City and County alleging a breach of this
Contract. The County does this as consideration for the City's offer to enter into
this Contract with the County. No third party may use this waiver in any way and
no waiver of immunity in favor of a third party is intended by this Contract.
B. Nothing in this agreement shall be construed to benefit any third party other than
an employee or officer of County or City while in the performance of this
agreement. This agreement may not be construed to expand the liability of City
or County 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 County that City and County 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.
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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 County.
16.
SEVERAQII_ITY
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.
17.
AUTHORITY
This Agreement is made for City and County 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.
EXECUTED in triplicate this t day of
2004, in Fort Worth, Tarrant County, Texas.
CITY OF WORTH TARRANT COUNTY
f
Joe ni u Tom Vandergriff
Assis ant ity Manager County Judge
APPROVED AS TO FORM APPROVED S TO FO
Assistant ity Attorney 3 Assist istrict AttorneyP 71
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the Amount Of a °O`V ^� 8
S. R NEE TIDWELL,CPA
COUNTY AUDITOR
ATTEST:
arty"Hendrix'fs
City Secretary
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"EXHIBIT A"
SCHEDULE OF FEES PAID BY COUNTY
DAILY BOARD FEE
Kenneling (per dog, cat or other small animal) $12.00 per day
Quarantine (per animal) $18.00 per day
SERVICE CALLS AND RABIES RESPONSE
(Excluding head preparation and shipment)
Per Staff Hourly Charge $56.00
HEAD PREPARATION AND SHIPMENT
Per Animal Head $65.00
EDUCATIONAL SERVICES
Per Staff Hourly Charge $56.00
EUTHANIZATION AND DISPOSAL
Per animal $12.00
AFTER-HOURS, WEEKEND AND EMERGENCY ANIMAL CONTROL RESPONSE
Per Staff Hourly Charge $65.00
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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) $12.00 per day
Kenneling (other than dogs, cats or small animal) $12.00 per day
Quarantined animals $18.00 per day
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M&C Request Review Page 1 of 2
FLIRT WORTH
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AgendaHome [ Council
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COUNCIL ACTION: Approved on 8/31/2004
DATE: 8/31/2004 REFERENCE NO.: **C-20243 LOG NAME: 50ACCCOUNTY&
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Interlocal Agreement between the City of Fort Worth and Tarrant County for Providing Con
and Rabies Specimen Shipment in Unincorporated Areas of Tarrant County
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an Interlocal Agreeme
between the City of Fort Worth and Tarrant County for the purpose of providing rabies control in the
unincorporated areas of Tarrant County from October 1, 2004, until September 30, 2005.
DISCUSSION:
Since November 8, 1994 (City Secretary's Contract No. 20652/CO72768), the City of Fort Worth and T
County have entered into Interlocal Agreements for the provision of rabies control in the unincorporate
areas of Tarrant County.
The term of this Interlocal Agreement is for twelve months beginning October 1, 2004, and ending
September 30, 2005. Under this contract, the City agrees to provide limited rabies control services in 1
unincorporated areas of Tarrant County between 8 a.m. and 4 p.m. Monday through Friday. The City
also provide emergency rabies control after-hours, weekends and holidays.
Pet owners reclaiming their animals from the Animal Care and Control Center will be required to provic
proof of ownership, show photo identification, and pay the appropriate fees for reclamation. Boarding 1
for pets reclaimed by their owners will be paid by the owners and not by Tarrant County. Boarding fee
pets not reclaimed will be charged to Tarrant County.
Fees for services are as follows:
Boarding Fee per Day $12.00
Quarantine Fee per Day $18.00
Euthanization/Disposal Fee per Animal $12.00
Service Request $56.00
Emergency Service Request $65.00
Educational Services per Hour $56.00
Rabies Specimen Shipment per Animal $65.00
Tarrant County may set aside a maximum of $50,000 for the term of this agreement.
Tarrant County will be responsible for all property damages, personal injuries and death caused by the
of City equipment and vehicles. In addition, the County shall be responsible for the repair or replacem,
all such equipment and vehicles damaged, destroyed, lost or stolen during the provision of services.
http://www.cfwnet.org/council_packet/mc_review.asi)?refnum=C-20243 i ni��i�nna
M&C Request Review Page 2 of 2
The City shall have the right to terminate this agreement without cause upon thirty (30) days written nc
the County. Staff recommends the approval of this interlocal agreement procedure.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Health Department, Animal Care and Control Division, will be
responsible for the collection and deposit of revenue due the City as a result of this agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 VARIOUS 0504001 SQ.00
GG01 VARIOUS 0504002 $0.00
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Daniel Reimer (871-7201)
Additional Information Contact: James Agyemang (3743)
ATTACHMENTS
http://www.cfwnet.org/council_packet/mc_review.asp?refnum=C-20243 10/22/?004