HomeMy WebLinkAboutContract 42909COWRACT NO-
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 C;�,,_�� s , j ,� (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 limted ries._r�xiltrol
services in the City of Benbrook. OFFICIAL RI°fiRll
CITY SECRETARY
I'T, WoLRT f, ix
Interlocal Agreement with Benbrook for Rabies Control for 2011-2012 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 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 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,
2011, and ending on September 30, 2012.
Interlocal Agreement with Benbrook for Rabies Control for 2011-2012 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 with Benbrook for Rabies Control for 2011-2012 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, 2011
through September 30, 2012, 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 S Soo -5 -no 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 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 2010 through September 2011.
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 2011-2012 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 (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.
Interlocal Agreement with Benbrook for Rabies Control for 2011-2012 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
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
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 2011-2012 Page 6 of 8
19.
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 Agreement immediately.
EXECUTED in triplicate this day of �� 20 A in
Tarrant County, Texas.
CITY OF FORT WORTH
C41Iii G1 f:10011
s W. Daniels
Assistant City Manager City Mana
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Interlocal Agreement with Benbrook for Rabies Control for 2011-2012 Page 7 of 8
"EXHIBIT A"
.� SCHEDULE OF FEES TO BE PAID BY BENBROOK
HEAD PREPARATION AND SHIPMENT
Per Animal Specimen
$100.00
Interlocal Agreement with Benbrook for Rabies Control for 2011-2012 Page 8 of 8