HomeMy WebLinkAboutContract 26529 CITY SECRETARY
CONTRACT NO. � -I
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 Libby Watson, 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
agreenents with public entities to cant'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.
PU—RPOSE
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.
2.
DEFINITIONS
For the purposes of this agreement, the following definitions shall apply:
ACT shall nnean the Rabies Control Act of 1981, codified as Chapter 826 of the Health
and Safety Code, Vernon's Texas Codes Annotated.
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ANIMAL shall mean a warm-blooded animal.
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 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.
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,
2000, and ending on September 30, 2001.
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 animal heads for rabies testing which are
presented by Benbrook to the City.
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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 not 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.
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 ruses 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. City will exercise complete control;over eMM
training, supervision, and conduct of such employees. City will be resporgihlte fora
applicable payroll deductions, unemployment taxes, workers' coropehs tioji C
vacations, holidays, and fringe benefits for such employees and for all uniformrsr:yl c an
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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, 2000
through September 30, 2001, 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 $3000.00 in total, for services rendered during the
term of this Agreement. Three thousand dollars 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, 2000 and ending September 30,
2001.
9.
INSURANCE
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 such employees, relating to work provided pursuant to this agreement.
B. 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.
C. Benbrook shall be responsible for all property damages, personal injuries and death
caused by the use of city equipment and vehicles pursuant to this agreement.
Furthermore, Benbrook shall be responsible for the repair or replacement of all such
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equipment and vehicles damaged, destroyed, lost or stolen during the provision of
services hereunder.
D. Benbrook shall be responsible for all property damages, personal injuries and death
caused by 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.
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
errployee 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.
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
PAY-
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
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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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.
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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.
EXECUTED in triplicate this day of�rt,u LL&J_ , 200f, in
Fort Worth, Tarrant County, Texas.
CITY O FORT WORTH CITY OF BENBROOK
Cl
Libby Watso Cary Conk]'
Assistant City Manager City Manag r
APPROVED AS TO FORM APPROVED AS TO FORM
Assi t Ci Attorney Assistant City Attorney/Municipal Counsel
ATTEST: ATTEST:
� .
Gloria P on / - q-t/ oecretary
City Se retary
6- - 13e4o
Contract Authorization
Date
KC 1 "v2.2 -01213
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"EXHIBIT A"
SCHEDULE OF FEES TO BE PAID BY BENBROOK
HEAD PREPARATION AND SHIPMENT
Per Animal Head $56.00
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City of Fort Worth, Texas
ImAvor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/7/00 **G-13060 I 50AMEND 1 of 2
SUBJECT AMENDMENT TO FEES LISTED ON M&C C-18228 WHICH AUTHORIZED
INTERLOCAL AGREEMENTS WITH OTHER TARRANT COUNTY MUNICIPALITIES
FOR THE PURPOSE OF RABIES CONTROL
RECOMMENDATION:
It is recommended that the City Council authorize an amendment to the rabies control fee schedule that
was previously approved on September 12, 2000 by Mayor and Council Communication (M&C)C-18228.
DISCUSSION:
M&C C-18228 approved executing Interlocal Agreements with municipalities that adjoin the City of Fort
Worth for the purpose of rabies control. Public Health Department staff erroneously listed the fee for
head shipment for the purpose of rabies testing at $50. This M&C is intended to correct the error and
set the fee at $56.00 for municipalities desiring to enter into agreements for this service provided by the
Public Health Department's Animal Care and Control Division.
Municipalities desiring to contract for any of these services will be required to renew the agreement
annually. Municipalities contracting with the City, and residents from those municipalities, will pay for
services in accordance with the fees shown below:
SERVICE FEE FEE-Fort Worth Residents
Daily Boarding Fee $12.00 $ 8.00
Quarantine Fee $18.00 $12.00
Euthanasia/Disposal Fee $12.00 N/A
Service Call $43.00 N/A
Educational Services $43.00 N/A
Animal Head Shipment $56.00 N/A
City of Fort Worth, Texas
4volljor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/7/00 **G-13060 1 50AMEND 2 of 2
SUBJECT AMENDMENT TO FEES LISTED ON M&C C-18228 WHICH AUTHORIZED
INTERLOCAL AGREEMENTS WITH OTHER TARRANT COUNTY MUNICIPALITIES
FOR THE PURPOSE OF RABIES CONTROL
FISCAL INFORMATION/CERTIFICATION:
The Public Health Department, Animal Control Division will be responsible for the collection and deposit
of funds due to the City as a result of this action.
LW:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GG01 462424 0504002 APPROVED
Libby Watson 6183 CITY COUNCIL
Originating Department Head:
Letha Aycock 7201 (from) N 0 V 7 2000
Additional Information Contact:
Cit;of F�rt Worth,��
Letha Aycock 7201