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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 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 a warm-blooded animal.
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.
DANGEROUS DOG shall mean a dog that makes an unprovoked attack that causes
bodily injury to a person or a person fears bodily injury might occur to them and the
attack 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.
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.
3.
TERM
The term of this Agreement is for a period of one (1) year commencing on October 1,
2006, and ending on September 30, 2007.
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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,
Mondays through Fridays only and 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 animals 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 Section 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, quarantine and euthanization of
animals requiring testing under Section 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 dogs in the
City of Benbrook under the authority of Chapter 822 Subchapter D. of the Health and
Safety Code, Vernon's Texas Codes Annotated.
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
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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,
2006 through September 30, 2007, Benbrook agrees to pay City for its services based on
the schedule of fees attached hereto as `Bxhibit 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 $ Q,�1`D 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.
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, 2006 and ending
September 30, 2007.
9.
LIABILITIES
A. To the extent permitted by law, Benbrook 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 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.
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C. Benbrook shall be responsible for all property damages, personal injuries and death
arising from the use of City 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, Vernon's Texas
Codes Annotated, unless specifically stated herein.
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.
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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.
EXECUTED in triplicate this
Fort Worth, Tarrant County, Texas.
CITY QF F�O�TfWORTH
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APPROVED AS TO FORM
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Assistant City orney -r
ATTEST:
Marty ndrix
City Secretary
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Con rac�� Au'�horiz��io�
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Date
,�� day of �� �� 1 , 2006, in
CITY OF BENBROOK
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Cary Conk in
City Manager
APP OVED AS TO FORM
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City Attorney
ATTEST:
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City S cretary
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"EXHIBIT A"
SCHEDULE OF FEES TO BE PAID BY BENBROOK
HEAD PREPARATION AND SHIPMENT
Per Animal Specimen $80.00
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Page 1 of 2
City of Fort Worth, Texas
Ma or and Council Communication
v
COUNCIL ACTION: Approved on 8/29/2006
DATE: Tuesday, August 29, 2006
LOG NAME: 50RABIESMNCPL07
REFERENCE NO.: **C-21643
SUBJECT:
Authorize Execution of Interlocal Agreements 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 authorize execution of interlocal agreement
Fort Worth and other Tarrant County municipalities for the purpose of rabies control
shipment from October 1, 2006 through September 30, 2007.
s between the City of
and rabies specimen
DISCUSSION:
The Animal Care and Control Division has historically assisted several 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 2006, 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.
On September 6, 2005, (M&C C-20962) City Council approved a fee increase for the contract cities
effective October 1, 2005. Below are the current fees:
SERVICE
Daily Board Fee
Euthanization/Disposal Fee
Quarantine Board Fee
Service Request
Emergency Service Request
Educational Services
Animal Head Shipment/Rabies Testing
FEE
$15.00
$15.00
$20.00
$70.00
$80.00
$70.00/hr
$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.
http ://www, cfwnet. org/council� acket/Reports/mc�rint. asp
1/30/2007
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Public Health Department's 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/AccountlCenters
GG01 VARIOUS 0504001 $28 000.00
Submitted for Ci� Manager's Office bv:
Originating D�artment Head:
Additional Information Contact:
Joe Paniagua (6140)
Daniel Reimer (871.7201)
James Agyemang (3743)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 1/30/2007