HomeMy WebLinkAboutContract 30796 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON §
INTERLOCAL AGREEMENT 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 the City of
Benbrook, hereinafter called "Benbrook", acting herein by and through Cary Conklin, its duly
authorized City Manager.
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 (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 Board of Health;
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:
1.
PURPOSE
The purpose of this Interlocal Agreement is to enter into an agreement between the City
and Benbrook whereby, subject to the terms and conditions hereinafter set forth and for the
consideration specified below, City agrees to provide Benbrook with limited rabies control
services in the City of Benbrook.
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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 homo
sapiens.
ANIMAL CARE AND CONTROL CENTER shall mean the facility operated by the
City for the purpose of impounding and caring for animals as prescribed by law located at
4900 Martin Street, Fort Worth, Texas.
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.
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 annotated in Subsection B., below, for Benbrook,
within the City of Benbrook, between the hours of 8:00 a.m. and 4:00 p.m. only, week
days and weekends, 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 process and ship animal heads for rabies testing which are
presented by Benbrook to the City.
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 provide prompt response by the City of Benbrook Police
Department to calls for assistance by the City when performing services under this
Agreement, as necessary.
C. Benbrook agrees that it will pursue, at its discretion, the issuance and execution of
warrants or other court orders necessary for the seizure, quarantine and euthanization of
animals requiring testing under Paragraph 4 of this Agreement, whose owners have failed
or refused to place them for quarantine or testing. Benbrook further agrees that City shall
not be required to assist or pursue the issuance and execution of such warrants.
6.
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 City of Benbrook 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
City of Benbrook 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 Benbrook fails to enact
and maintain rules or ordinances pursuant to Sections 826.015 and 826.033 of the
Health and Safety Code, Vernon's Texas Codes Annotated, that require animals to
be restrained at all times.
7.
RESPONSIBILITY FOR EMPLOYEES
City employees who provide services under this Agreement are deemed to be City
employees when providing such services to Benbrook. 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 the 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.
8.
CONSIDERATION
A. As fair compensation for the services rendered by City to Benbrook from October 1, 2004
through September 30, 2005, Benbrook agrees to pay City for its services based on the
schedule of fees 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 these fees listed in
"Exhibit A" during the term of this Agreement by giving Benbrook 120 days written notice.
Benbrook will not pay City more than $ U00 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 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.
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B. Pursuant to the requirements of Government Code § 791.011(d)(3), Vernon's Texas Codes
Annotated, the amount due City under subparagraph A., above, shall be paid from revenues
available to Benbrook in fiscal year beginning October 1, 2004 and ending September 30,
2005.
9.
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 City of Benbrook employees or volunteers, 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's own employees or volunteers, relating to work provided pursuant to this
agreement.
C. Benbrook shall be responsible for all property damages, personal injuries and death
arising from 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 caused by Benbrook 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. 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.
10.
IMMUNITY & THIRD PARTIES
A. It is expressly understood and agreed that, in the execution of this Agreement, neither
City nor Benbrook 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 Benbrook or City while in the performance of this Agreement.
This Agreement may not be construed to expand the liability of City or Benbrook beyond
the scope of Chapter 101 of the Texas Civil Practice and Remedies Code, —_ --�
Codes Annotated, unless specifically stated herein.
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11.
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.
12.
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.
13.
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.
14.
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.
15.
AUTHORITY
This Agreement is made for City and Benbrook as an Interlocal Agreement pursuant to
VTCA, Government Code, Chapter 791.
16.
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.
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EXECUTED in triplicate this day of , 2004, in
Fort Worth, Tarrant County, Texas.
CITY OF FO ORTH CITY OF BENBROOK
Joe a a Cary Conk"
Ass tan ity anager City Manager
APPROVED AS TO FORM APPROVED AS TO FORM
C�- V.
Assistant City Attorney City Attorney
ATTEST: ATTEST:
*'Vj-k�
ty Se retary
Marty Hendrix C
City Secretary
conLiact. Authorizatioo
f.J a t,A,
CRP20040916v1
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"EXHIBIT A"
SCHEDULE OF FEES TO BE PAID BY BENBROOK
HEAD PREPARATION AND SHIPMENT
Per Animal Head $65.00
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M&C Request Review Page 1 of 2
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COUNCIL ACTION: Approved on 8/31/2004
DATE: 8/31/2004 REFERENCE NO.: *`C-20244 LOG NAME: 50RABIESMUI`
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Interlocal Agreement between the City of Fort Worth and Other Tarrant County Municipaliti
the Purpose of Rabies Control and Rabies Specimen Shipment
RECOMMENDATION:
It is recommended that the City Council 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, 2004, through September 30, 2005.
DISCUSSION:
The Animal Care and Control Division has historically assisted some Tarrant County municipalities in tl
processing and shipment of head specimens to the Bureau of Laboratories in Austin for the purpose of
rabies control. Rabies control includes the kenneling of impounded animals and euthanization. The T,
Government Code, Chapter 791.011 provides that a local government may contract with another to pe
"governmental functions and services". Under this Code, the City of Fort Worth Animal Care and Cont
Division may provide animal impoundment, boarding, quarantine, euthanization and disposal services
municipality. In FY 2004, the City of Benbrook contracted for specimen shipment services. The Cities
Forest Hill, Kennedale, Edgecliff Village, Pantego and Dalworthington Gardens contract for boarding,
quarantine, euthanization and disposal services. Municipalities desiring to contract for any of these se
will be required to renew the agreement annually. The municipalities contracting with the City will pay
services in accordance with the fees shown below:
SERVICE FEE
Daily Board Fee $12.00
Quarantine Fee $18.00
Euthanization/Disposal Fee $12.00
Service Request $56.00
Emergency Service Request $65.00
Educational Services $56.00/hr
Rabies Specimen Shipment $65.00
The Animal Care and Control Center will accept delivery of dogs, cats, ferrets, or non-prohibited anima
wild animals in cages between the hours of 8:00 a.m. and 5:00 p.m. daily. The Animal Care and Contr
Division will respond to requests for service from 8:00 a.m. until 4:00 p.m. daily. Pet owners reclaiminc
animals from the Animal Care and Control Center will be required to provide proof of ownership of the
animals, present photo identification, and pay the appropriate fees for reclamation or provide a copy of
receipt showing payment of fees to the contracting city. Furthermore, pet owners who live in the City of
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M&C Request Review Page 2 of 2
Worth whose animals are impounded in other municipalities and brought to the Animal Care and Conti
Center will be required to purchase City registration tags for their pets. Such animals will be required t
altered in compliance with the City's mandatory spay/neuter program. Boarding fees for pets reclaime,
their owners will be paid by the owners not the contracting municipality unless the owner provides proc
fees paid to the contracting city. Boarding for pets not reclaimed will be charged to the contracting
municipality. A euthanization and/or disposal fee will be charged for wild animals that will be euthanize
relocated and other animals that will be euthanized upon delivery to the Center.
The City of Fort Worth shall have the right to terminate this agreement without cause upon thirty (30) d
written notice to the contracting municipality. Staff recommends the approval of this interlocal agreem(
procedure.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Public Health Department, Animal Care and Control Division, wil
responsible for the collection and deposit of funds due to the City as a result of these agreements.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 VARIOUS 0504001 $0.00
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—i)acket/mc review.aso?refnum=C-20244 10/22/2004
6000 WESTERN PLACE,SUITE 200 TEL NE:(
L (8 17)332-2580
I-30 AT BRYANT-IRvua ROAD Taylor Olson Adkins 9ralla Liam TOL.FREE:(800)318-3400
FORT WORTH,TExAs 76107-4654 ,,,I,,,., _ FAcsmLE:(817)332-4740
EMAIL:TOASE@TOASE.COM DENTON:(940)383-2674
WEBSITE:WWW.TOASE.COM Attorneys Counselors DENTON METRO:(972)434-3834
October 13, 2004
Mr. Andy W ayman
Assistant City Manager
City of Benbrook
911 Winscott Road
P.O. Box 26569
Benbrook, Texas 76126-0569
RE: Interlocal Agreement with Fort Worth
for Rabies Control Services
Dear Andy:
Enclosed is a letter dated October 4, 2004 that I just received from Christa R. Perez, Fort Worth
Assistant City Attorney, concerning the above agreement. Also enclosed are three copies of the
agreement prepared by Ms. Perez that I have approved as to form.
If you wish to renew the agreement,please have all copies signed by the City of Benbrook and return
them to Ms. Perez. After the agreement is signed by Fort Worth, a signed copy will be returned for
your files.
truly yours,
C
Wade Adkins
cc: Christa R. Perez
Assistant City Attorney
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102