HomeMy WebLinkAboutContract 54666 CSC No.54666
STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
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, Johnson and Wise Counties,
Texas, acting by and through its duly authorized Assistant City Manager (hereinafter referred to
as "City"), and the City of Benbrook, Texas,a home-rule municipal corporation located in Tarrant
County, Texas, acting by and through its duly authorized Mayor (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,
2.
DEFINITIONS
For the purposes of this Agreement,the following definitions shall apply:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 a facility in 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.
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 is being
kept and that was reasonably certain to prevent the dog from leaving the enclosure on its
own; or 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.
lnterlocal 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 on October 1, 2020 and ending on September 30, 2021. In addition, the term may be
extend by mutual written agreement of the parties, for up to two additional one-year terms.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services described herein for the City of Benbrook, between the
hours of 8:00 a.m. and 4:00 p.m. only,weekdays and weekends, excluding holidays, with no
after-hours service provided.
B. Head Preparation
City agrees to perform specimen submission in accordance with Texas Administrative Code,
§169.33 Submission of Specimens for Laboratory Examination.
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
Section 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.
RESERVED
7.
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 of the Texas 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
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City of Benbrook under the authority of Chapter 822 Subchapter D. of the Texas 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.
8.
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 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 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.
9.
COMPENSATION
A. As fair compensation for the services rendered Benbrook agrees to pay City for its services based
on the schedule 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 any fee listed in Exhibit
"A" during the term of this Agreement by giving Benbrook 120 days'written notice.
B. Head and shipment preparation fees shall be as described in Exhibit "A".
C. Benbrook will not pay City more than $5000.00,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 the 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.
Interlocal Agreement With Benbrook for Rabies Control Page 4 of 9
10.
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 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 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 damages, 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.
11.
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 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.
12.
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.
lnter[ocal Agreement With Benbrook for Rabies Control Page 5 of 9
13.
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.
14.
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.
15.
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.
16.
AUTHORITY
This Agreement is made for City and Benbrook as an Interlocal Agreement pursuant to
VTCA, Government Code, Chapter 791.
17.
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.
18.
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 teens of this
Agreement to do or person 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
Interlocal Agreement with Benbrook for Rabies Control Page 6 of 9
period applicable to such design or construction requirement shall be extended for a period of
time equal to the period such party was delayed.
19.
FISCAL FUNDING LIMITATION
If for any reason,at any time during any term of this Agreement,either city fails to appropriate
funds sufficient for the 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.
Remainder of Page Intentionally Blank
lnterlocal Agreement with Benbrook for Rabies Control Page 7 of 9
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR RABIES CONTROL
CITY OF FORT WORTH AND CITY OF BENBROOK
CITY OF FORT WORTH CITY OF BENBROOK
�i tee
Valerie WYshington(Oct 12,202008:41CDT) Andr ay/man(Sep29,202007:40CDT)
Valerie Washington Andy Wayman
Assistant City Manager City Manager
Date: Oct 12, 2020
RECOMMENDED APPROVED AS TO FORM
77 wMorlv� AND LEGALITY
Tim Morton(Oct 8,2020 08:47 CDT) Betsy Elam
a.mmmwaxmw„as,m
Dr.Timothy Morton Betsy Elam
Asst.Code Compliance Director City Attorney
APPROVED AS TO FORM ATTEST:
AND LEGALITY
Chrisfanher ausfria
Christopher Austria(Oct 8,202017:02CDT) Michael Mullinax(Oct 7,2020 12:59 CDT)
Christopher Austria Michael Mullinax,Commander
Assistant City Attorney g4444nn�� Contract Manager
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ATTEST:
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°°°°°°°'asa>n'forRonaldP.Gonzales(Oct12,202009:56CDT) 1 E
Mary J.Kayser
City Secretary
M&C: 20-0595 08/25/2020
1295:N/A
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including
ensuring all performance and reporting requirements.
2Li6,�l9 Z,L -M49
By: Christopher L' tte(Oct8,202008:29CDT)
Name: Christopher Lirette
Title: Code Compliance Superintendent OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
lnterlocal Agrectnimt with Benbrook for Rabies Control Page 8 of 9
EXHIBIT A
SCHEDULE OF FEES PAID BY BENBROOK
SPECIMEN HEAD PREPARATION AND SHIPMENT
Per Animal Head Specimen $200.00 per specimen
lnterlocal Agrecmi.:nt with Benbrook for Rabies Control Page 9 of 9
M&C Review
Official
CITY COUNCIL AGENDA FLIRT
DATE: 8/25/2020 REFERENCE**M&C 20- LOG NAME: 23RABIES CONTROL VARIOUS
NO.: 0595 MUNICIPALITIES 2021
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL)Authorize Execution of Interlocal Agreements with Tarrant County and the Cities
of Benbrook, Kennedale, and Pantego for the Purpose of Providing Limited Animal and
Rabies Control Services and Rabies Specimen Shipments During Fiscal Year 2021
with Renewal Options
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Interlocal Agreements with
Tarrant County and the cities of Benbrook, Kennedale, and Pantego for the purpose of providing
limited animal and rabies control services and rabies specimen shipments through September 30,
2021 with the option to renew, by mutual written agreement of the parties, for up to two 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 2021 In
addition, the term may be extended by mutual written agreement of the parties, for up to two
additional one-year terms. Renewals do not require City Council approval. The City would provide
the specified services to following entities:
The City of Benbrook is contracting for specimen shipment services only;
The City of Kennedale and Town of Pantego are contracting for boarding, quarantine, specimen
shipping, euthanasia, animal care and disposal services;
Tarrant County is contracting for the services listed above plus periodic routine animal control
services and education services by request.
SERVICE Fiscal Year
2021 FEE
Flat Per Animal Fee for all Services 1$400.00 per animal
Service Calls and Rabies Response if no Flat Animal Fee Charged $100.00 per request
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M&C Review
Service Calls and Rabies Response After Hours if no Flat Animal Fee $200.00 per request
Charged
Head Preparation and Shipment $200.00 per animal
head
Education Services Staff Charge 11$70.00 per hour
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 FISCAL YEAR 2021 FEE PER RECLAIMED
ANIMAL
Rabies Vaccination Fee $9.00
Spay or Neuter Fee
Per Cat Ei5O--O—O
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 $30.00 per day
animals)
Quarantined Animals $50.00 per day
FISCAL INFORMATION/CERTIFICATION:
The Finance 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.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I I Year (Chartfield 2)
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M&C Review
Submitted for City Manager's Office by: Valerie Washington (6199)
Originating Department Head: Brandon Bennett (6322)
Additional Information Contact: David B. Carson (6336)
ATTACHMENTS
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