HomeMy WebLinkAboutContract 27219�ITY ����ET��Y � , — - >
: ONiRF��i R�� . . - _— - = � �,'—
,,
STATE O�' TEXAS �
§
C�UNTIES OF TARRANT §
AND DEl`iTON §
INTERLOCAL AGREEMENT FOR RABIES CONTROL
THIS AGREEMENT by and between the City of Fort War�h, a hame-rule muz�icipal
corporation situated in Tarrant and Denton Gounties, Texas, hereinafter called "City", acting
herein by and through Libb�+ Watson, its duly authorized Assistant City Manager, and the Ciiy of
B�nbroak, h�reinafter called `Benbrook", acting herein by and through Cary Conklin, its duly
authorized City Manager.
WITNESSETH_
'WHEREAS, VTCA Governrnent Code, Chapter 791, authorizes the formulatian of
interlacal cooperation agre�rnents between and among muxucipalities and counties for the
perform.ance of governmental functions; and
'VVHE�2EAS, Chapter 826 Qf the Health and Safety Cc�de, Vernon's Texas Codes
Annataied, also lcnawn as the Rabies Control Act of � 981 (hereinafter refensd ta as "the Act"},
requires governing hodies of each munieipality to designate a local rabies control authority to
eriforce the Act a.rid minimum standards for rabies control adap#ad by the Texas Board ofHealth;
and
WHEREAS, Section 826.Q1b of said Act authorizes a municipality to enter into
agreements with pubiic entities to carry out activities required or authorized under fihe Act; and
WHEREAS, Benbrook wishes to participate in an interlacal agreement with City £or the
puxpose of limited rabies cantrol in the City of Benbrook; and
iYHEREAS, Benbrook and Ciiy mutually desire to be subject to the provisions of
Chapter 791 of th� Texas Government Cade, alsn known as th� Interlacal Cooperatian Act;
NO�1V, THEREFORE, it is agreed as follows:
1.
PURPOSE
The purpose oi fhis 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 belor�v, City ag3rees to provide Benbrook with limited rabies control services in the City
of Benbrook.
2.
DEFINITTONS
' ° ������� �� �el�
�G� ���`�n��
� :� � j
�
vo
�
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 Health
and Safety Code, Vernon's Texas Codes Annotafiea.
ANIMAL shall rnean a war�n-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 dag that malces an unprovoked attack on a person that
causes bodily injury and occurs in a place other than an enciosure in which the dog was
being kept and that was reasonably certain to prevent the dog fram 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 an its own.
DAY shall mean a calendar day ar any part thereof.
DOG shall mean canis familiaris.
RABIES shall mean an acute viral disease of man and animal af�'ecting the cantral
nervaus system and �sually transrnitted by an animal bite.
RULES shall rnean the rules adopted by the Texas Board of Health for rabies control and
eradicafion under 25 TAC § 169.21 et seq.
STRAY shall rnean roanung with no physical restraint beyond the premises of an
animal's owner or keeper.
3.
TERM
The term of ihis Agreement is for a period of one (1) year comxnencing on October 1,
2401, and ending on September 30, 2002.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services annotated in Subsection B., below, fox' Benbroak,
within the City af Benbrook, beiween the hours of 8:00 a.m. and �:00 p.m. only,
Mondays throu�h Fridays only and excluding holidays, with no af�er hotus service
provided.
Page 2 of 8
B. Rabies Res�onse
In #he rn.anner and to the e�ctent tha� ii 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 Benbraok to the City.
5.
DUTIES OF BENBR04K
A. Benbraok agrees ihat it will retain all respansibility for enf`orcement of all aspects of the
Act not cavered in Paragraph 4 of this Agreement, including criminal enforce�nent.
B. Benlarook agrees tha� it will provide prompt response by the City of Benbrook Police
Department to calls for assis�ance by the City when p�rforn�.ing services under this
Agr�ement, as necessary.
C. Benbrook agrees �hat it wi11 pursue, at its discre#ion, the issuance and execution of
warrar�ts ar ather court orders necessary for the s�izure, quarantine and euthanization of
animals requiring testing under Paragraph 4 of this Agreemenf, whose owners have failed
or refused to place them for quarantine or testing. Benbroak further agrees that City shall
not be not required ta assist or pursue the issuance and execution af such warrants.
6.
EXCLUSIONS
A. Noth.in� in this Agreement shall be deemed as designating the City vr az� officer or
employ�e of the City as �he "local health authority" or "local rabies control authority" of
the City of Ben�rook as those terms are deiined or used in Title 10, Health and Safety
Code, Vernan's Texas Codes Annotated.
B. Nothin� 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
Cxty of Benbrook under. the aut�ority of Chapter 822 Subchapter D. of the Health and
Safety Code, Vernan's Texas Codes Annotat�d.
C, Nothing in this Agreement shall be deemed as requiring the city to quarantine ar present
for testing domestic animals that have been bitten by ar directly exposed by physical
contact to a rabid anirnal or its fresh tiss�es.
D. Citv shall no# uatrol for
an�l maintaiu rules or or
Healfh �nd SafetV Cade,
be resfrained at all times.
andlar imbound strav animals if Benbrook fails to enact
dinantes nursuant to Sec#ions 826.01� and 8�6.033 of the
Vernon's '�exas Codes Annotated, �hat require animals to
7.
RESPONSIBILITY FOR EMPLOYEES
Page 3 oi 8
City empioyees who provide services under this Agreement are deemed to be City
empioyees when providing such seivices. City will exercise eomplete control over the hirin�,
training, supervision, and conduct of such employees. City wilj be respansible for all wages and
applicable payrall dsductians, unemployment taxes, workers' eomp�nsation insurance,
vacations, holidays, and fringe benefits for such employees and for ail 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 �enbrook becames necessary for the resolution of the �m�rgency.
Regarding workers' compensation insurance, the City shall not waive its right to subrogate
againsfi Benbrook for losses incutred in the course of City's services rendered to Benbrook under
this agreement.
8.
CONSIDERATIDN
A. As fair compcnsatian for the services rendered by City to Benbroak from Octaber 1, 2001
through September 30, 2002, Benbrook agrees to pay City for its services based on the
schedule of fees attached hereto as "Exhibit A", as pertinent, wluch is hereby incarporated as
a part of this Agreement as if it were set forth at length. City may adjust these fees listed in
"Exhibit A" durir�g the term of this Agreement by giving Benbrook 120 days' writt�n notice.
Benbrook will nat pay City mare than $ S� �� in total, for services renderad during
fhe term of this Agreement. Tlus amount shall herein constitute a not to exteed limztation
placed upon this agreement, and when such amaunt is reached, City will cease providir�g
such ser�ices. City agrees to provide the City o� Benbrook witl� an iternized monthly bili.
Benbraok agrees to prarnptly pay such bills upon presentation by the City, such payments t�
b� made from current revenues available to Benbrook, within thirty {34} days of receipt. In
the event of the termination of this Agreement, City shall bill Benbrook for any outstatlding
balance, regar�less of the amot�nt, and Benbraak agrees to promptly pay sueh bill, within
thirty {30) days of receipt.
B. Pursuant to #he requirements of Government Code § 791.011(d)(3), Vernon's Texas Codes
Annotated, fhe amount due City under subparagraph A., above, shall be paid from r�venues
a�ailable to Benbrook in fiscal year b�ginning �ctober 1, 2001 and ending September 3D,
2042.
9.
L�ABILITY
A. To the extent permitted by law, Benbroak shall be responsible for all work-related deaths,
injuries or d'zseases of City ernployees, and, for property damage, gersonal injury or death
caused by City af Benbraok employees or volunteers, relating to work provided pursuant
to this agreement.
S. To the cxtent pernutted by law, City sha11 be responsibl� for all work-related deaths,
injuries or diseases of City employees, and, for property damage, personal injury or dea�h
Page 4 of 8
caused by City's own employees or volunteers, relatir�g ta work provided pursuant to this
agreement.
C. Benbrook shall be responsible for alj property damages, personal injuries and death
arising from the use of City equipment and vehicles caused by Benbrook employses or
volunteers pursuant to this ag�eement. Furthermare, Benbrook shall .be responsible for
the repair or replacernent of all such equipment and vehicles damaged, destroyed, lost ar
stolen caused by Benbrook employees ar volunteers during the provision of services
hereunder.
D. City shall be responsible for all property damages, personal injuries and death arisin$
from the use of City e�uipment ana vehicles caused by,City ernployees or �olunteers
pursuant to this agreement. Furthermore, City shall also be responsible for the repair or
replacement of all such equipment anci vehicles damaged, destroyed, lost or stolen caused
by City employees or volunteers during the provision of services hereunder.
i a.
IIvIIVIUNITY & THIRD PAR'Z`IES
A. It is expressly understood and agreed that, in the execurian of this Agreement, neither
City nor Benbraok waives, no:r shall be deemed hareby to waive, any inlmunity ar
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions.
B. NotlZing in this agreement shall be construed to benefit any third party other #han an
emplayee or officer of Benbrook ar City while in the performance of this agreement.
This agreement may not be construed to expand fhe liability of City or Benbroak beyond
the scope of Chapter 101 of the Texas Civil Practice and Remedies Code, Vernan's Texas
Cades Annotated, unless specifically stated herein.
11.
TERMINATION
It is further agrecd by and betw�en City and Benbrook, that City and Benbrook shall each
ha�e the right to terminate this Agreemen� �pan tl�irty (30) days' written no#ice to the other
F�'Y•
1 Z.
ENTTRETY
This Agreernent contains all commitment� and a�reements of the parties hereto, and no
other oral or written commitrnents shall have any force or effect if not contai�ned herein.
1.3.
MODTFICATION
Page 5 of 8
This agreement may be madified by the mutuaj agreement of the parties, if the modification is in
writing and signed by City and Benbrook.
14.
SEVERABILITY
In case any one or more of the provisions contained in this Agreernent shall for any
reason be held ta be in�alid, ill�gal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
canstrued 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 Agresment pursuant to
VTCA, Government Cade, Chapter 791.
16.
AUTHORIZATION
The undersigned officer an.d/ar agents of �he parties hereto are }�roperly authorized
of�'iciais and have the necessary authority to execute this A�-eemenf on behalf oF the parties
hereto, and each �arty hereby certifies to the other that any necessary resolutions extending such
authority have been duly passed and are now in fu11 force and effect.
EXECUTED in txiplicate this day of , 200I, in
Fort Worth, Tarrant County, Texas.
CITY FORT WORTH
y Wats
Assistant City Manager
,...� � . o f�
�
.�t�►�`I��� -
_ .r �au
CITY OF BENBROOK
.
��
Cary Co '
City Man ger
APPROVED AS TO FORM
i� I �
�t City Attorney/Municipal Counsel
Page 6 of 8
�
t
m
ATTEST:
�.�.�� .
loria Pears
City Secretary
` ��:_ - , •- - ,
r ' �_-,�
,.
e�n�r��c� �t�t���iz��ior�
1 �
_ _ ..^ = . � ' -- •� -- —
�a�e
ATTEST:
"_ � �
C' S cretary ~
Page 7 of 8
CRL200i0925�2
; �'�I�C�A� �� a,�;;,
� �� ���� �� �� ;
-� � _� �'��,_ � ,
�
�
�
"EXHIBIT A"
SCHEDULE nF FEES TO BE PAID SY BENBROOK
HEAD pREPARATION AND SHIFMENT,
Per Animal Head
$56.00
Page 8 of 8
�'iiy of '.�ort T�art�ip �'exas
���� �r�� �,�u���l �����,��c���n
DATE REFER�NCE NLlMB�R LOG NAME PAG�
9191101 *'��-� �73� , 50ANIMAL � 1 of 2
suB.�Ec�r 1NTERLOCAL AGREEMENT BETWEEN THE CITY OF F4RT WORTH AND OTHER
•TARRANT C�UNTY MUNICIPALiTIES FOR THE PURPOSE 4� RABIES C4NTROL
AND ANIMA�. HEAD SHIPMENT
RECOMMENDATiON:
ft is recommended that the City Council authorize the City Manager ta acce�t and execute an interlocal
agreement k�etween the City af Fort Worth and oth�r Tarrar►t County municipalities far the purpose of
rabies control and animal head shipment from Octaber 1, 2a01 through 5eptember 30, 2002.
DISCUSSION:
The Animal Co�tr41 Division has historically assisted some Tarrant - Coun#y municipalities in the
processing and shipment af head specimens to the Bureau of La�oratories in Austin, Texas for the
purpose of rabies eontrol. Rabies control includes the kenn�ling of impounded animals and
euthanization. The Texas Government Code, Chapter 791 A11 prov9des that a local government may
contract with another to perform "governmental functions and services". U�der this code, the Ciiy's
Animal Control Division may provide animaf impoundment, euthanization and disposal serv�ces to a
municipality. The City of Haslet curren#ly contracts for limi#ed rabies control services. The cities o#
Kennedale and Benbrook contract for quarantine and animal head sh�pment services. Municipalities
desiring to contract for any of these services will be required fo rer�ew the agreemen# annually.
Iri May 2D01, at the request af �he Public Health Department, the City's lnternal Audit De�artment
corrducted an audit of animal control services costs. T�e I�ternal Audit Department ad�ised the Public
Health Department that the fee for service response and educaiio�al services far unincorporated areas
of Tarrant County and other municipalities should i�c�-ease fram $43 to $56 in order ta recover service
fees. Based on the audit re�ort, the Public Health Department is �roposing the recommended fee
increases shown below. The proposed fee increases are projected to increase Gen�ral Fund Revenus
by $100. The following fees will be effecfive Octaber 1, 2Q01:
5ervice
Current Fee
Pro�osed Fee
Daily �vard Fee
Quar�ntine Fee
EuthanizationlDisposal Fee
Service Req�esi
Eciucational Services
Animal Head Shipment
$92
$'f 8
$12
$43
$43/hr
$56
$12
$18
$12
$56
$561hr
$56