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HomeMy WebLinkAboutContract 47208 STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL AGREEMENT FOR RABIES CONTROL CITY OF FORT WORTH AND CITY OF PANTEGO THIS AGREEMENT is made and entered into by and between the City of Fort Worth, 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 City of Pantego, a type B general law municipal corporation located in Tarrant County, Texas, acting by and through its duly authorized Mayor (hereinafter referred to as "Pantego"). 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 The purpose of this Interlocal Agreement is to enter into an Agreement between City and Pantego whereby, subject to the terms and conditions hereinafter set forth and consideration specified below, City agrees to provide Pantego with limited rabies control services in the City of Pantego, and City agrees to provide impoundment and quarantine facilities for animals pursuant to this Agreement for the benefit of Pantego. .. CITY 1 fi' 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 Texas Health and Safety Code. ANIMAL shall mean any living, vertebrate creature, domestic or wild, other than Homo sapiens. 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 by law. 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. CITY shall mean the City of Fort Worth. 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 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 Department of State Health Services 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. Interlocal Agreement with Pantego for Rabies Control Page 2 of 12 3. TERM Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one year, beginning upon the date of its execution by the Fort Worth City Manager or designee. In addition, the term may be extended by mutual written agreement of the parties, for up to three additional (3) one-year terms. 4. SERVICES BY CITY A. Hours City agrees to perform the services described herein for Pantego in the City of Pantego, between the hours of 9:00 a.m. and 5:00 p.m. only, Tuesdays through Saturdays, 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, bite animals which are presented by Pantego to the City will be handled by the City pursuant to Section 6. C. Impoundment of Animals City will impound animals delivered to the City's Animal Care and Control Center by Pantego officials pursuant to Section 6. 5. DUTIES OF PANTEGO A. Pantego 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. 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 Paragraph 4 (C) 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 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 seventy-two (72) hours, unless released earlier to its owner or as described in subsection 6.17. below. A quarantined animal shall be held or presented for testing according to the Act and the Rules. The Pantego shall provide in writing to the City the date of the bite incident and the animal's date of release from quarantine. Pantego shall pay charges for impounded animals, until disposition, as specified in Exhibit"A". Interlocal Agreement with Pantego for Rabies Control Page 3 of 12 B. Prior to the expiration of the impoundment period, the City may destroy an impounded animal if the Animal Services Administrator or Animal Control Manager 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) Payment of Exhibit`B" 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) The animal is vaccinated against rabies at the owner's expense if the animal is a dog or a cat over 12 weeks of age and the owner does not have an unexpired rabies vaccination certificate for the animal. D. The ownership of impounded and/or quarantined animals that have not been released to their owners on the expiration of the impoundment and/or quarantine period, submitted for rabies testing, or entered into the Fort Worth Feral Cat Program shall lie with Pantego, and Pantego authorizes the City to place the animals for adoption, to transfer them to other animal welfare agencies, to be humanely euthanized, or to be released in accordance with Section 6(F), at the discretion of the City or as required by law. E. Pantego will be billed for all impounded and/or quarantined animals delivered by or from the City of Pantego for the number of days held during the impoundment period and/or for the number of days held up to the date reclaimed by the owner or otherwise disposed of in accordance with this agreement. The number of days, for billing purposes, will begin on the day that the animal is impounded. F. A live, stray Cat impounded by the City under this Agreement shall be handled according to the following: a. If a stray, neighborhood or feral cat is brought to the animal shelter, the City shall: i. Advise the presenting person of the City's Feral Cat Policy that all cats that enter FWACC that do not go into a rescue or adoption program, and which are fit for release under the City's Feral Cat Policy, will be sterilized, rabies vaccinated, microchipped and ear tipped by the City or its designee and returned to a location near where the cat was living and/or found. The City will not euthanize any stray, neighborhood or feral cats that are brought into Fort Worth Animal Care and Control (FWACC) unless: 1. They are deemed unfit for release, adoption or rescue due to age, injury or disease, or 2. They have previously been deemed a public nuisance, defined as dangerous to human life, health or welfare, or to threaten to become detrimental to the public health or welfare. ii. Determine if cat is fit for release, adoption or rescue. For the purposes of this policy, the City shall determine when there is a potential threat to public health or safety, when feral cats are in unsafe or inappropriate areas, or if the cats are at risk of harm or suffering, in its sole discretion. Interlocal Agreement with Pantego for Rabies Control Page 4 of 12 iii. Determine if the cat has been previously deemed to be a nuisance, 1. If the feral cat has not been previously deemed to be a nuisance, it will be subject to release as a feral cat at or near the location where it was captured in Pantego. 2. If the feral cat has been previously deemed by the City to be a nuisance, City will not release the cat to a Caretaker to be returned to environment in which it has been previously removed as a nuisance. City will release cat to another entity that agrees to relocate cat in an area the City determines will not pose a nuisance threat (i.e. barn cat program), potentially in Pantego. If no other solution is identified for a cat deemed more than once to be a nuisance, the cat will be humanely euthanized. b. Community, feral, and free roaming stray cats are exempt from the standard holding period described in Section 6.A. above. The ownership of such cats originating from Pantego is deemed to lie with Pantego. Pantego authorizes the City or its agents to release community, feral or stray cats obtained in Pantego back into in Pantego, or to otherwise dispose of the cats through the above described City's Feral Cat Policy. Pantego hereby appoints the City of Fort Worth, or any entity registered as a Feral Cat Sponsor or Caretaker under the City's Feral Cat Program, or that entity's designee, as Pantego's agent for the limited purpose of returning cats to the address where the cat was living and/or found. c. Pantego represents and agrees that the City's release of any community, feral, or stray cat in accordance with this Subsection 6(F) is not a violation of any Pantego ordinance or other law, and that Pantego will not prosecute the City, its employees, contractors, volunteers, or agents for any violation of an ordinance or law, or bring any civil or criminal action in any way related to or resulting from the release or disposition of said cats. d. Pantego shall compensate the City for services related to community, feral, or free roaming stray cats in accordance with Exhibit A. 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 Pantego 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 the City of Pantego, 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. Interlocal Agreement with Pantego for Rabies Control Page 5 of 12 D. City shall not impound stray animals if Pantego fails to enact and maintain rules or ordinances pursuant to Sections 826.015 and 826.033 of the Texas Health and Safety 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, 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. Pantego shall have no direct supervisory authority over such employees except in emergency situations where the exercise of supervision by Pantego becomes necessary. Regarding workers' compensation insurance, the City shall not waive its right to subrogate against Pantego for losses incurred in the course of City's services rendered to Pantego under this Agreement. 9. COMPENSATION A. As fair compensation for the services rendered Pantego agrees to pay City 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 forth at length. City may adjust any fee listed in Attachment A during the term of this Agreement by giving Pantego 120 days written notice. B. The 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. Pantego will not pay City more than $10,000.00 in total per contract year, 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 Pantego with an itemized monthly 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 shall be paid from revenues available to Pantego in that current fiscal year. 10. Interlocal Agreement with Pantego for Rabies Control Page 6 of 12 FEES CHARGED ANIMAL OWNERS Pantego hereby agrees that City may charge, or cause to be charged, the fees set out in "Exhibit B" to the owners of animals that 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 Pantego 120 days' notice. If an animal's owner reclaims the animal and pays the kenneling fees, then the City will not charge the Pantego 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 Pantego 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 Pantego shall be responsible to City for the fees. 11. LIABILITIES A. To the extent permitted 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 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. Pantego shall be responsible for all property damage, personal injuries and death caused by the use of City and Pantego equipment and vehicles caused by Pantego employees or volunteers pursuant to this Agreement. Furthermore, Pantego shall be responsible for the repair or replacement of all such equipment and vehicles damaged, destroyed, lost or stolen by Pantego employees or volunteers during the provision of services hereunder. D. City shall be responsible for all property damage, 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. Pantego expressly waives its right to assert immunity from suit for a claim forming the basis of a suit between the City and Pantego alleging a breach of this Agreement. Pantego does this as consideration for the City's offer to enter into this Contract with Pantego. 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 Agreement. 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 Interlocal Agreement with Pantego for Rabies Control Page 7 of 12 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 stated herein. 13. TERMINATION 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. 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 Pantego. 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. 17. AUTHORITY This Agreement is made for City and Pantego 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. 19. FORCE MAJEURE Interlocal Agreement with Pantego for Rabies Control Page 8 of 12 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 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 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, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 20. FISCAL FUNDING LIMITATION If for any reason, at any time during any term of this Agreement, either city fails to appropriate funds sufficient for that city to fulfill its obligations under this Agreement, that city may terminate this Agreement to be effective on the later of(i)thirty (30) days following delivery 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 for the purposes set forth in this Agreement. Remainder of Page Intentionally Blank Interlocal Agreement with Pantego for Rabies Control Page 9 of 12 SIGNATURE PAGE INTERLOCAL AGREEMENT FOR RABIES CONTROL CITY OF FORT WORTH AND PANTEGO CITY OF FORT WORTH PANTEGO Charles W. Daniels Mayor or Manager Assistant City Manager Date: / o RECOMMENDED Dr. Timothy Morton Asst. Code Compliance Director APPROVED AS TO FORM A ROV tS TO/F 0 rrw Arthur N. Bashor A stun of e. Assistant City Attorney ATTEST: . CJ u Q Yp Mary J. Kayser City Secretary M&C ` , w ' .. .. a e i z a ^ Interlocal Agreement with Pantego for Rabies Control Page 10 of 12 EXHIBIT A SCHEDULE OF FEES PAID BY PANTEGO DAILY BOARD FEE Kenneling (per dog, cat or other small animal) $30.00 per day Quarantine (per animal) $50.00 per day Quarantine fee (per animal) $100.00 SERVICE CALLS AND RABIES RESPONSE (Excluding head preparation and shipment) Per Request $100.00 HEAD PREPARATION AND SHIPMENT Per Animal Head $150.00 EDUCATIONAL SERVICES Per Staff Hourly Charge $70.00 EUTHANIZATION AND DISPOSAL Per animal $100.00 SPAY OR NEUTER FEE Per cat $50.00 Per dog $80.00 RABIES VACCINATION FEE Per animal $ 9.00 MICROCHIP FEE Per animal $12.00 AFTER-HOURS WEEKEND AND EMERGENCY ANIMAL CONTROL RESPONSE Per Request $200.00 ADMINISTRATIVE FEE Per impoundment or service request $50.00 Remainder of Page Intentionally Blank Interlocal Agreement with Pantego for Rabies Control Page 11 of 12 EXHIBIT B SCHEDULE OF FEES TO BE PAID TO CITY BY OWNERS RECLAIMING ANIMALS RABIES VACCINATION FEE Per reclaimed dog or cat $ 9.00 SPAY OR NEUTER FEE Per cat $50.00 Per dog $80.00 MICROCHIP FEE Per reclaimed dog or cat $12.00 DAILY BOARD FEES: Kenneling (dog, cat, small animal) $30.00 per day Kenneling (other than dogs, cats or small animal) $30.00 per day Quarantined animals $50.00 per day Remainder of Page Intentionally Blank Interlocal Agreement with Pantego for Rabies Control Page 12 of 12