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HomeMy WebLinkAboutContract 39762Cif-Y SECRETARY' NTRAC T NO _ 3�1`lAe2� STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL AGREEMENT FOR RABIES CONTROL 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, a home -rule municipal corporation located in Tarrant County, Texas, acting by and through its duly authorized e .�,,ra� Ar (hereinafter referred to as "Benbrook"). WITNESSETH: 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, 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. OFFICIAL RECORD CITY SECRETARY F r. WORTH, TX Interlocal Agreement with Benbrook for Rabies Control for 2009-2010 Page 1 of 8 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. 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 cams 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 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. 3. TERM The term of this Agreement is for a period of one (1) year commencing on October 1, 2009, and ending on September 30, 2010. Interlocal Agreement with Benbrook for Rabies Control for 2009-2010 Page 2 of 8 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 of the Texas Health and Safety Code. 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 Texas Health and Safety Code. 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, Interlocal Agreement w10th Benbrook for Rabies Control for 2009-2010 Page 3 of 8 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, 2009 through September 30, 2010, 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 $ 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 (3 0) days of receipt. B. Pursuant to the requirements of Section 791.011(d)(3) of the Texas Government Code, the amount due City under subparagraph A. above shall be paid from revenues available to Benbrook in fiscal year October 2009 through September 2010. 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 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 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 equipment and vehicles caused by Benbrook employees or volunteers pursuant to this Agreement. Furthermore, Benbrook shall be responsible for Interlocal Agreement with Benbrook for Rabies Control for 2009-2010 Page 4 of 8 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, 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 k30) 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. Interlocal Agreement with Benbrook for Rabies Control for 2009-2010 Page 5 of 8 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 menforceability 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 Chapter 791 of the Texas Government Code. 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. 17. 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 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. 18. FISCAL FUNDING LIMITATION If for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery to Benbrook 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. Interlocal Agreement with Benbrook for Rabies Control for 2009-2010 Page 6 of 8 I9. HOMELAND SECURITY If the United States Department of Homeland Security issues a Level Orange or Level Red Alert, City, in its sole discretion, may terminate the Lease immediately. EXECUTED in triplicate this day of 20�, in Tarrant County, Texas. CITY OF FORT WORTH W. Daniels t City Manager Denis C. Assistant Attorney M&C G-16649 ATTEST: Marty Hence City Secretary C3 CITY OF BENBROOK APPROVED AS TO FORM City Attorney ATTEST: OFFICIAL RECORD CITY SECRETARY T. WORTH, TX Interlocal Agreement with Benbrook for Rabies Control for 2009-2010 Page 7 of 8 "EXHIBIT A" SCHEDULE OF FEES TO BE PAID BY BENBROOK HEAD PREPARATION AND SHIPMENT Per Animal Specimen Interlocal Agreement with Benbrook for Rabies Control for 2009-2010 Page 8 of 8 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/11/2009 DATE: Tuesday, August 11, 2009 LOG NAME: 23RABIESCONTROL REFERENCE NO.: **G- iL 1 SUBJECT: Authorize Execution of Interlocal Agreements with Various Tarrant County Municipalities for the Purp Providing Animal and Rabies Control and Rabies Specimen Shipment from October 1, 2009, Throug September 30, 2010 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute interlocal agreement: various Tarrant County municipalities for the purpose of providing limited animal and rabies control ec rabies specimen shipment from October 1, 2009, through September 30, 2010. DISCUSSION: The Code Compliance Department, Animal Care and Control Division, (Animal Care and Control Div has historically assisted some Tarrant County municipalities in providing animal control and in the processing and shipment of specimens to the Bureau of Laboratories in Austin for testing related to i control. Services associated with processing specimens include the kenneling of impounded animal: euthanization, disposal services and specimen shipping. Section 7910011 of the Texas Government provides that a local government may contract with another local government to perform "governmei functions and services," which includes functions and services related to public health and welfare. l this provision, the City of Fort Worth may enter into an interlocal agreement so that the Animal Care Control Division may provide animal control, animal impoundment, boarding, quarantine, euthanizati and disposal services to a municipality. In Fiscal Year 2009, the City of Benbrook contracted for specimen shipment services. The cities of F Hill, Kennedale, Edgecliff Village, Pantego and Dalworthington Gardens contracted for boarding, quarantine, specimen shipping, euthanization and disposal services. The City of Blue Mound contra) for these services plus animal control. Municipalities desiring to contract for any of these services an required to execute a new agreement annually. The proposed fee schedule for Fiscal Year 2010 is: 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 $87.00 $100.00 $70.00/hour $100.00 Based on revenues received from interlocal agreements in Fiscal Years 2008 and 2009, staff anticip kenneling revenue in Fiscal Year 2010 to total $47,000.00; service response revenue to total $3,500 and specimen shipping revenue to total $500.00. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that the Code Compliance Department, Anima Care and Control Division, is responsible for the collection and deposit of funds due to the City. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GG01 4VARIOUS 0239002 $51,000400 CERTIFICATIONS: Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: ATTACHMENTS 1. accountverification.pdf (CFW Internal) Charles Daniels (6199) Brandon Bennett (6322) James Agyemang (3743)