HomeMy WebLinkAboutContract 47207 STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
CITY OF FORT WORTH AND 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, a home-rule municipal corporation located in Tarrant County,
Texas, acting by and through its duly authorized City Manager (hereinafter referred to as
"Benbrook").
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 City and
Benbrook whereby, subject to the terms and conditions hereinafter set forth and 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 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 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 Benbrook in the City of
Benbrook, between the hours of 9:00 a.m. and 5:00 p.m. only, Tuesday thru Saturday,
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 Benbrook to the City will be
handled by the City pursuant to Section 6.
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 Paragraph 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.
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 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
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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. Benbrook shall have no direct supervisory authority
over such employees except in emergency situations where the exercise of supervision by
Benbrook becomes necessary. 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.
COMPENSATION
A. As fair compensation for the services rendered Benbrook 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 Benbrook 120 days
written notice.
B. Euthanasia and disposal fees and head and shipment preparation fees shall be as described in
Attachment A.
C. Benbrook will not pay City more than $5,000.00 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 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.
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 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
Interlocal Agreement with Benbrook for Rabies Control Page 4 of 9
caused by City employees or volunteers relating to work provided pursuant to this
Agreement.
C. Benbrook shall be responsible for all property damage, 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 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. 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 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.
13.
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.
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
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This Agreement may be modified by the mutual agreement of the parties, if the
modification is in writing and signed by City and Benbrook.
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 Benbrook 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
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.
Interlocal Agreement with Benbrook for Rabies Control Page 6 of 9
Remainder of Page Intentionally Blank
Interlocal Agreement with Benbrook for Rabies Control Page 7 of 9
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR RABIES CONTROL
CITY OF FORT WORTH AND BENBROOK
CITY OF FORT WORTH BENBROOK
Charles W. Daniels City ager
Assistant City Manager
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RECOMMENDED ATTEST:
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Dr. Timothy Morton City Secretary
Asst. Code Compliance Director
APPROVED AS TO FORM APPROVED AS TO FORM
Arthur N. Bashor AssistarW Oty Attorney
Assistant City Attorney ,
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Mary J. Kayser
City Secretary
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Interlocal Agreement with Benbrook for Rabies Control Page 8 of 9
EXHIBIT A
SCHEDULE OF FEES PAID BY BENBROOK
ADMINISTRATIVE FEE Per Specimen $50.00
(Excluding head preparation and shipment)
HEAD PREPARATION AND SHIPMENT
Per Animal Head $100.00
Remainder of Page Intentionally Blank
Interlocal Agreement with Benbrook for Rabies Control Page 9 of 9
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT WoRTII
COUNCIL ACTION: Approved on 8/1812015
REFERENCE ** 23RABIES CONTROL
DATE: 8/18/2015 NO.: C-27422 LOG NAME: VARIOUS MUNICIPALITIES
2015
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Interlocal Agreements with Tarrant County and the Cities of
Benbrook, White Settlement, 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 2015 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, White Settlement, Kennedale, Edgecliff Village, Pantego,
Dalworthington Gardens and Blue Mound for the purpose of providing limited animal and rabies
control services and rabies specimen shipments through September 30, 2015 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 2015,
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 and the City of White Settlement are contracting for specimen shipment
services only;
the Cities of Kennedale, Edgecliff Village, Pantego and 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.
http://apps.cfwnet.org/council_packet/me review.asp?ID=21314&councildate=8/18/2015 11/2/2015
M&C Review Page 2 of 3
The following fee schedule comprises the Fiscal Year 2015 fees:
SERVICE FY 2015 FEE
Administrative Fee $50 per impoundment or
service request
Daily Boarding Fee $30.00 per day
Kenneling (per dog, cat or other small animal) $50.00 per day
Quarantine (per animal) $100.00
Quarantine fee (per animal
Service Calls and Rabies Response (excluding head preparation $100.00 per request
and shipment)
Head Preparation and Shipment $150.00 per animal head
Education Services Staff Charge $70.00 per hour
Euthanization and Disposal $100.00 per animal
Spay or Neuter Fee
Per Cat $50.00
Per Do $80.00
Rabies Vaccination Fee $9.00 per animal
Microchip Fee $12.00 per animal
After-hours, Weekend and Emergency Animal Control Response $200.00 per request
In addition to the above fees, Animal Care and Control will also collect fees from owners from Tarrant
County and these various municipalities, as follows:
SERVICE FY 2015 FEE PER
RECLAIMED ANIMAL
Rabies Vaccination Fee $9.00
Spay or Neuter Fee
Per Cat $50.00
Per Dog $80.00
Microchip Fee $12.00
Daily Board Fees
Kenneling (dog, cat, small animal) $30.00 per day
Kenneling (other than dogs, cats or small animals) $30.00 per day
Quarantined Animals $50.00 per day
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Animal Care and Control Division of
the Code Compliance Department will be responsible for the collection and deposit of funds due to
the City under these Agreements. Upon receipt, these funds will be deposited into the General Fund,
Code Compliance Department, Animal Care and Control Division which has total estimated revenue
in Fiscal Year 2015 in the amount of$142,853.00. As of July 17, 2015, the amount of$177,206.26
has been received.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://apps.cfwnet.org/council_packet/Me review.asp?ID=21314&councildate=8/18/2015 11/2/2015
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GG01 4(VARIOUS) 0239003 $144,853.00
Submitted for City Manager's Office by: Rudolph Jackson (6199)
Originating Department Head: Brandon Bennett (6322)
Additional Information Contact: Tim Morton (7204)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/me review.asp?ID=21314&councildate=8/18/2015 11/2/2015