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STATE OF TEXAS § CONTRACT NO.
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 (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 1.981 (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.
PLJRPOSE
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 lirnited rabies control
services in the City of Benbrook.
OFFICIAL RECORD
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Interlocal Agreement with Benbrook for Rabies Control for 201 F-2 Page I of 8
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MAY 1
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 mvii 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 cans familiaris.
-RABIES shall mean an. acute viral disease of map- ai-id animal affecting the central
I
nervous system aria 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 'LAC 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,
2012, and ending on September 30, 2013.
Interlocal Agreement with Benbrook for Rabies Control for 2012-2013 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 set-vice
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 IV' of the T exas 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.
RESPONSIBILIT Y FOIR EMPLO'i'EES
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 pay-roll deduct-Ions, unerciploynient, t-Uax Ue S, workers' comp L
pensation,
Interlocal Agreement with Benbrook for Rabies Control for 2012-2013 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. Animal specimen and shipment preparation fees shall be as described in Attachment A.
B. As fair compensation for the services rendered by City to Benbrook from. October 1, 2012
through September 30, 201.3, 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 lees ii.sted, in
"Exhibit A" during the term of this Agreement by iving 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 quarterly 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.
C. 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 Beribrook employees or volunteers relating to work provided pursuant to
this Agreement.
B. To the extent permitted by law, City shall be Ires, onsible for all wor -r late deaths,
.F 11 1 L I II IL AM. V %-&
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
Interlocal Agreement with Benbrook for Rabies Control for 2012-2013 Page 4 of 8
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.
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
nnrtv
12.
ENTIRETY
This Agreement contains all commitments and agreements of the parties hereto, and no
other oral or written cominitnients 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 2012-2013 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.
AUTHORIZATtUN
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 temis of fl-his Agreernerat to do or per,'tonm 'UhV-1 sairie, 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. ol-11'
time equal to the period such party was delayed.
18.
FISCAL FUNDING LIMITATION
e -ri, 4- th IL rth City
If for any reason, at any tircie during any term of this Agr ei ent, e Fort Wo I Ci4
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
phis Agreement.
Interlocal Agreement with Benbrook for Rabies Control for 2012-2013 Page 6 of 8
19.
HOMELAND SECURITY
If the United States Department of Homeland Security issues a Levu CO►raage or Level
Red Alert, City, in its sole discretion,may terminate the Agreement immediately.
EXECUTED in triplicate this j day of 20 , in
Tarrant County, Texas.
CITY OF FORT WORTH I CITY OF BENB1 OOK
harles W Dame s
Assistant City Manager City Mann
APPROVED AS TO FORM APPROVED AS TO FORM
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Assistant City Attorney , "i°'' � ; ey
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ity Se retary
City Secretary
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ORICIA7LRECORD
CITY SECRR!1EETARY
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Interlocal Agreement with Benbrook for Rabies Control for 2012- O1 Page 7 of 8
"EXHIBIT A"
SCHEDULE OF FEES TO BE PAID BY BENBROOK
HEAD PREPARATION AND SHIPMENT
Per Animal Specimen $100.00
Administrative Fee (per specimen) $25.00
Interlocal Agreement with Benbrook for Rabies Control for 2012-2013 Page 8 of 8
05/15/2013 11:19 8175613741 FORT WORTH ACC FACE 00/13
City of F'oif Worth, Texas
Mayor Council rn ion
COUNCIL ACTION., Approved on 412312013
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DATE! Tuesday, April 23, 203 RSPERENCE NO.: "*C-213212
LOG NAME: 23RABIES CONTROL VARIOUS I+V UNICIPALITIES F/Y 2013
SUB.1�C
Authorize Execution of Interlocal Agreements with Tarrant County and Various Municipalities for the
Purpose of Providing Animal and Rabies Control Services and Rabies Specimen Shipment During Fiscal
Year 2013 (ALL COUNCIL DISTRICTS)
REC41MMEl'sQATIQN;,
It is recommended that the City Council authorize the execution of intedocal Agreements VAth Tarrant
County and various municipalities within the county for the purpose of providing limited animal and rabies
control and rabies specimen shipment from Octca':der 1, 20112 through September 30, 2013.
iDi-SCLINIO N:
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 slipping of sped',r:ens to the Bureau of laboratories in Austin for testing related to rabies
control. Services associated with processing specimens include the kenneling of impounded animals,
euthanization, disposal services and specimen shipping. Section 751.011 of the Texas Government Coda
provides that a local government may contract with another local government to perform "governmental
functions and services,"which indLd'es fu, lctions and servims related to pubiic health and welfare. Under
this provision, the City of Fart Worth may enter into an interlocal Agreement so that the Animal Care and
Control Division may provide animal control, animal imprrundm rtt, boarding, quarantine, euthanization
and disposal services to a municipality.
This Mayer and Council Communication will authorize interlocal Agreements for Fiscat Year 2013 with the
following entities: the City of Benbrook i wntracting for specimen shipment services;the Cities o'Forest
Mill, Kennedale, Edgecliff Village,Pantego and Dalw°orthington Gardens are contracting for boarding,
quarantine,specimen shipping, euthanization and disposal services, the City of Blue Mound and Tarrant
County are contracting for the services listed above plus periodic routine animal control service, by
request. Municipalities desiring to contract for any of these services are required to execute a new
Agreement annually.
Due to the increasing costs of providing Animal Cage and' Control services to other juiisdictions, there are
fee Increases and now fees associated with each contracl renewal.
The revised fee schedule for Fiscal Year 2013 is as follows:
SERVIG F/Y W2 Fee E 0'
Administrative Fee Per Animal Impoundment N/A $ 50.00"
Dally Boarding Fee $ 15.00 $ 15.00
Euthanasia/Disposal Fee $ 15.00 '
15.00 ' $ 50.00
Logname: 23RABIES CONTROL VARIOUS M. UNT('1'PA1JTIES F/Y 201 3 1>0-.A , ��"�
05/15/2013 11:19 8175613741 FORT WORTH ACC PAGE 09113
Quarantine Boarding Fee* $ 20.00 $ 20.00
Administrative Fee Per Animal Quarantine* N/A $ 100.00
Field Service Request $ 87.00 S 87.00
Specimen Preparation and Shipment $ 100.00 $ 100.00
Administrative Fee Per Spec men Shipment N/A $ 2 Z
Emergency Field Service Request $ 100.00 $ 100.00
Educational Presentations $70.00/hour $ 70.00/hour
NOTE: Due to limited space at the City animal'shelter,quarantine services will no longer be offered after
April 1, 2013. All contracting agencies were informad of'this provision prior to October 2012,
It is anticipated that the revised fee schedule wilt result in an additional$85,650.00 in associated ravenues
in Fiscal Year 2013 compared with Fiscal Year 2012.
IF CAL-INFORMATION/CERTIFICATION;
The Financial Management Servces Director certiffea that the Code Compliance Department, Animal
Care and Control Division, is responsible for the collection and deposit of funds due to the City.
FUND W—TERS;
TO Fyndj ►g-counfflCa_nters!a fROM
R— -- unLYAgeoun
K- t Lc-e n to M
CE-RDFICAMNS:
Submitted for City Manager's Ottlice bvx. Charles.Daniels (6199)
OrIgInogg QaagfteaH"O Brandon Bennett (6345)
Michael Camp (7020)
Additional information,Contacts Scott Hanlan (7204)
AT-TACHMg_NTS
No attachments found.
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