HomeMy WebLinkAboutContract 48787T
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STATE OF TEXAS
COUNTY OF TARRANT
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COl�'IRACT N0. �
INTERLOCAL AGREEMENT FOR RABIES CONTROL
CITY OF BENBROOK
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 Benbrook, Texas, a home-rule municipal corporation located in Tarrant
County, Texas, acting by and through its duly authorized Mayor (hereinafter referred to as
"Benbrook").
WHEREAS, Chapter 791 of the Texas Government Code authorizes the formulation of
interlocal cooperation agreements between and among inunicipalities 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, Benbrook wishes to participate in an interlocal agreement with City for the
purpose of limited rabies control in the City of Benbrook; and
WHEREAS, Benbrook 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:
l.
PURPOSE
The purpose of this Interlocal Agreement is to enter into an Agreement between City and
Benbrook whereby, subject to the ter-�ns and conditions hereinafter set forth and consideration
specified below, City agrees to provide Benbrook with limited rabies control services in the City
of Benbrook,
2.
DEFINITIONS
For the puiposes of this Agreement, the following definitions shall a
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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 a facility in 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.
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 is
being kept and that was reasonably certain to prevent the dog from leaving the enclosure
on its own; or 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.
]nterlocal Agreement with Benbrook for Rabies Control
Page 2 of 9
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 the City of Benbrook, between
the hours of 8:00 a.m. and 4:00 p.m. only, weekdays and weekends, excluding holidays,
with no after-hours service provided.
B. Head Preparation
City agrees to perform specimen submission in accordance with Texas Administrative
Code, §169.33 Submission of Specimens for Laboratory Examination.
5.
DUTIES OF BENBROOK
A. Benbrook 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. Benbrook 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(C) of this Agreement, whose owners have failed or refused to
place them for quarantine or testing. Benbrook further agrees that City is not required to
pursue the issuance and execution of such warrants.
6.
RESERVED
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
Benbrook as those tenns are defined or used in Title 10 of the Texas 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 othertivise regulate dangerous dogs in the
(nterlocal Agrcement ���ith B�nbrook for Rabies Control Pagc 3 ut 9
City of Benbrook under the authority of Chapter 822 Subchapter D. of the Texas 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.
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 used by such employees for providing services under this Agreement. Benbrook shall
have no direct supervisory authority over such employees except in emergency situations where
the exercise of supervision by Benbrook becomes necessary for resolution of the emergency.
Regarding workers' compensation insurance, the City shall not waive its right to subrogate
against Benbrook for losses incurred in the course of City's services rendered to Benbrook under
this Agreement.
9.
COMPENSATION
A. As fair compensation for the services rendered Benbrook agrees to pay City for its services
based on the schedule attached hereto as Exhibit "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 Exhibit "A" during the term of this Agreement by giving Benbrook 120 days'
written notice.
B. Head and shipment preparation fees shall be as described in Exhibit "A".
C. Benbrook will not pay City more than $5000.00, 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 the Benbrook with an itemized
monthly bill. Benbrook agrees to promptly pay such bills upon presentation by the City,
such payments to be made from current revenues available to Benbrook, within thirty (30)
days of receipt. In the event of the termination of this Agreement, City shall bill Benbrook
for any outstanding balance, regardless of the amount, and Benbrook 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 Benbrook in that current fiscal
year.
Interlocal Agreement �rith Benbrook for Rabies Control
Pa�e �1 of 9
10.
LIABILITIES
A. To the extent permitted by law, Benbrook shall be responsible for all work-related deaths,
injuries or diseases of Benbrook 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. Benbrook shall be responsible for all property damages, personal injuries and death
caused by the use of City and Benbrook equipment and vehicles caused by Benbrook
employees or volunteers pursuant to this Agreement. Furthermore, Benbrook shall be
responsible for the repair or replacement of all such equipment and vehicles damaged,
destroyed, lost or stolen by Benbrook 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.
11.
IMMUNITY & THIRD PARTIES
A. Benbrook expressly waives its right to assert immunity from suit for a claim forming the
basis of a suit between the City and Benbrook alleging a breach of this Agreement.
Benbrook does this as consideration for the City's offer to enter into this Contract with
Benbrook. 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 expand the liability of City or Benbrook
beyond the scope of Chapter 101 of the Texas Civil Practice and Remedies Code unless
specifically stated herein.
12.
TERMINATION
It is further agreed by and between City and Benbrook that City and Benbrook shall each
have the right to terminate this Agreement upon thirty (30) days written notice to the other party.
Interlocal Aareement ���ith Benbrook for Rabic; Conn�ol Page � of 9
13.
ENTIRETY
This Agreement contains all commitments and agreements of the parties hereto, and no
other oral or written coinmitments shall have any force or effect if not contained herein.
14.
MODIFICATION
This Agreement may be modified by the mutual agreement of the parties, if the
modification is in writing and signed by City and Benbrook.
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 unenforceable provisions had never been contained
herein.
16.
AUTHORITY
This Agreement is made for City and Benbrook as an Interlocal Agreement pursuant to
VTCA, Government Code, Chapter 791.
17.
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.
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 problems; or any
other circurnstances which are reasonably beyond the control of the party obligated or permitted
under the tenns of this Agreement to do or perform the same, regardless of whether any such
circuinstance is similar to any of those enumerated or not, the party so obligated or pennitted
shall be excused from doing or perfonning the same during such period of delay, so that the time
Interlocal Agreement ���ith Benbrook t�>r Rabies Conn•ol Page 6 of9
period applicable to such design or construction requirement shall be extended for a period of
time equal to the period such party was delayed.
19.
FISCAL FUNDING LIMITATION
If for any reason, at any time during any term of this Agreement, either city fails to
appropriate funds sufficient for the 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 far the purposes set forth in this Agreement.
Remainder of Page Intentionally Blank
tnterlocal Agreement with Benbrook for Rabies Conh•ol Pa�e 7 of 9
CITY OF FORT WORTH
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Fernando Costa
Assistant City Manager
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RECOM ND
Dr. Timothy Morton
Asst. Code Compliance Director
APPROVED AS TO FORM
AND LEGALITY
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Melinda Ramos
Assistant Cit A '�'�
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iVlary J. I�a+�s�
City Secrefary
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CITY OF BENBROOK
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APPROVED AS TO FORM
AND LEGALITY
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Intcrlocal Agrccm�nt ���ith Benbrouk t��r R.ibirs Cuntrol P:i��e S of 9
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
foi• the inonitoring and adininistration of this contract, including
ensuring all performance and reporting requireinents.
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EXHIBIT A
SCHEDULE OF FEES PAID BY BENBROOK
SPECIMEN HEAD PREPARATION AND SHIPMENT
Per Animal Head Specimen $200.00 per specimen
tnterlocal A�re�nicnt ���ith Benbrook for Rabi�s Conh�ol
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CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 1/24/2017
Official �site.oi the City oi Foit bVorth, �� exas,:;;
FORT ��'ORTH
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REFERENCE** 23RABIES CONTROL VARIOUS
DATE: 1/24/2017N� : C-28077 LOG NAME: MUNICIPALITIES 2017
CODE: C TYPE: CONSENTPUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Interlocal Agreements with Tarrant County and the Cities of
Benbrook, Kennedale, Edgecliff Village, Pantego, Dalworthington Gardens and Blue
Mound for the Purpose of Providing Limited Animal and Rabies Control Services and
Rabies Specimen Shipments During Fiscal Year 2017 with Renewal Options (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Interlocal Agreements with Tarrant
County and the cities of Benbrook, Kennedale, Edgecliff Village, Pantego, Dalworthington Gardens and
B�ue Mound for the purpose of providing limited animal and rabies control services and rabies specimen
shipments through September 30, 2017 with the option to renew for three additional one-year terms.
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 Bureau of Laboratories in Austin for testing related to rabies
control. Services associated with processing specimens include the kenneling of impounded animals,
euthanasia, disposal services and specimen shipping.
Section 791.011 of the Texas Government Code provides that a local government may 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 (City) may enter
into an Interlocal Agreement so that the Animal Care and Control Division may provide animal control,
animal impoundment, boarding, quarantine, euthanasia and disposal services to a municipality.
Approval of the above recommendation will authorize Interlocal Agreements for Fiscal Year 2017, which
may be renewed for up to three additional one-year terms by mutual written Agreement of the parties.
Renewal does not require City Council approval. The City would provide the specified services to
following entities:
- The City of Benbrook is contracting for specimen shipment services only;
- The City of Kennedale, Town of Edgecliff Village, City of Pantego and Town of Dalworthington
Gardens are contracting for boarding, quarantine, specimen shipping, euthanasia, animal care and
disposal services;
- The City of Blue Mound and Tarrant County are contracting for the services listed above plus
periodic routine animal control services and education services by request.
The following fee schedule comprises the Fiscal Year 20� 7 fees:
Fund Department Account Project
ID ID
Submitted for City Manager's Office bv:
Originating De�artment Head:
Additional Information Contact:
ATTACHMENTS
Program Activity Budget Reference # Amount
Year (Charlfield 2)
Fernando Costa (6122)
Brandon Bennett (6345)
Tim Morton (7204)