HomeMy WebLinkAboutContract 45360 CITY SECRETARY
CONTRACT NO, '23 0
STATE of TEXAS
COU T of TAR. NT
INTERLOCAL AGREEMENT FOR RABIES CONTROL
THIS AGREEMENT is, made acid entered into by and between the City of Fort North, a
home-rule mum"cipial 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 m'"' co oration ooat�d �� `arrant County,
y,
Texas, acting by and through its duly authorized X!M, (hereinafter
referred to as`B nbrook")..
W I TN E S S E TH
HE AS, Chapter 79 of the Texas Government Coide authorizes, the formulation of
inter local cooperation agreements between and among municipalities and counties for the
performance of govorr ntal functions, and.
WHEREAS, Chapter 826 of the Texas Health and Safety Code, also know as the
Rabies Control Act of 1981 (hereinafter er referred to as the "Act"), requires governing bodies of
each municipality to des' ate , � 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 Acct; and
WHEREAS,S, enbrook Wishes to participate in an interlocal agreement with City for the
purpose of limited rabies control in the City of enbrook and
WHEREAS, Benbrook and City mutually desire to be subject to the provisions of
Chapter 791 of the Texas Govenunent Code, also known as the Interlocal Cooperation Act.
NOW,THEREFORE, it is agreed as follows:
PURPOSE
The purpose of this In,terio al Agreement is to enter into an agreement between the City
d Benbrook whereby., subject to the terns and conditions hereinafter set forth and for the
consideration specified below, pity agrees to provide : enbrook with limited rabies control
services in the City ofB,enbrook.
'CITY rM
C; 'OFFICIAL RECORD
SECRETARY
nterin al agreement witb Benbrook for Rabies Control for 2013-2014
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 82,6 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 ownw, 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
0
The term of this Agreement is for a period of one (1) year commencing, on October I,
2013, and ending on September 30,2014.
Interlocal Agreement with Beribrook for Rabies Control for 2013-2014 Page 2 of 8
A
4.
SERVICES BY C1 'Y
A. Hours,
City agrees to perform the services annotated in Subsection B., below, for Benbrook,
within the City of Benbrook, between the hours of 9-00 a.m. and 5:00 p.m. oraly,
Tuesdays through Saturdays only and excluding holidays, with no after hours service
provided.
B. Rabies Res
In the manner and to the extent that it deems appropri"ate and in accordance with the
0 Is for 4, 9 '1 * .1
Rules and the Act, City will process and ship animais ior ranjes testing which are
presented by Benbrook to the City.
5.
DUTIES OF:BEN BROOK
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 euthani'zation 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 authofity'l or "local rabies control authority" of
the City of Ben roof 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
0,
dangerous, dogs, to register dangerous dogs, or otherwise regulate dangerous dogs in the
City of B,enbrook under the authority of Chapter 822 Subehapter 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
It I
wages and applicaDie payroll deductions, unemployment taxes, workers' compensation,
Inter oval Agreement with Ben brook for Rabies Control for 2,013-2014 Page 3 of 8
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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.
Beribrook 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 wal*veits rl*ght
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.
I
B. As fair compensation for the services rencered by City to Benbrook from October L, 2013
through September 310, 2014, Benbroolk 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 to of this Agreement by giving Benbrook 120, days written notice.
Benbrook will not pay Ci ty more than $ i-00�er 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 outstand,ing
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 79 1.011(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 2013 through September 2014.
9.
LIABILITIES
A. To the extent permitted by law, Benbirook shall be responsible for all wo,rk-related,deaths,
i 0 njuries or diseases of Benbrook employees, and for property damage, personal 'injury or
death caused by Benbro k 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,
* o
NO
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 2013-2014 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' Ci*ty equipment and vehicles caused by City employees or volunteers
pursuant to this Agreement. Furthennore, 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.
to.
IMMUNITY&THIRD PARTIES
A i. It s, expressly understood and agreed that, in the execution of this Agreement, neither
a #,
City nor Benbro,ok waives, nor shall be deemed hereby to 'waive, any immunity or
defense that would otherwise be available to It against clau* ns afising in the exercise of
goverrunental powers and functions.
B. Nothm' g 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
s peci,f cally stated herei'n.
TER MfNATION
It is further agreed by and between City and B,enbrook,that City and Benbrook shall each
have the right to terminate this Agreement upon thirty (30) days' Wn'teen 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.
131.
MODIFICATION
This Agreement may be modified by the, mutual agreement of the parties, if the
modification is in writing and signed by City and Benbroolk.
Interlocal,Agreement with nbrook for Rabies Control for 2013-2014 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 *nvalidity, 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.
AUTH SRI TY
This Afire ementis made for City and Benbrook as an Interlocal Agreement pursuant to
Chapter'791 of the Texas Goveniment 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 certiries 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
p obligations I civil of
erformance of any obl gat ons hereunder 'I s delayed by reason of war, c"v*l, commotion; act s
God; inclement weather, governmental restrictions, regulations or interferences; fires; strikes;
1 9 1 1 9 1
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 is 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 partly was delayed.
18.
FISCAL FUNDING LIMIJATION
If for any reason, at any time during any to 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)
It
days foliowing delivery to Benbrook of written notice of the City"s 'Intention to terminate or(ii)the
last date for which funding has been appropri-ated by the City,Council for the purposes set forth in
this Agreement.
Interlocal Agreement with Ben rook for Rabies Control for 2013-2014 Page 6 of 8
19.
HOMELAND SECURITY
If the United States Department of Homeland Security issues a Level Ora or Level
Red I City, in its sole discretion, may terminate the Agreement immediately.
.9
EXECUTED in triplicate this day of 20 in,
Tarrant County, Texas.
CITY OF FORT OR CITY OF BENB �OIK
OF BZENB OK
00.'00)
<
les W., DaniX ana
City Mger
iw
Assistant City Manager o'^
APPROVED AS TO FORM APPROVED AS TO FORM
xm
Arthur N. Bashor
Assistant City Attorney City Attorri6y,11.1111",
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110, ST: ATTEST:
City S retary
Mary J. Kayser
City Secretary vb
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InteTIOCUt Ageernent with Renbrook for Rabies control for 2013-2014 8
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Voern
"OXHIBIT A"
SCHEDULE OF FEES TO BE PAID BY B ROOK
HEAD PREPARATION AND SHIPMENT
Per Animal Specimen $100.00
'I"
Administrative v,ee (per specimen) $25.00
Interlocal Agreemcnt with Bc,nbrook for Rabies Control for 2013-2014 Page 8 of 8
IC Review Page 1. of 2
Official site of the City of For Worth,Texas
FORT WO,RTHI,
I T
cim" COUNCIL AGEN"NumA
RIMINI
COUNCIL ACTION: Approved on 111512013
REFERENCE 23RABIES CONTROL
DATE.- 11/5/2013 NO.*- **C-26547 LOG NAME: VARIOUS MUNICIPALITIES F/Y
2014
CODE: C T'YP�E: CONSENT PUBLIC NO
HEARING:
SUBJECT.,, Authorize Execution of Interlocal, Agreements, with Tarrant County and Various
Municipalities for the Purpose of Providing Animal and Rabies Control Services and Rabies
Specimen Shipments During Fiscal Year 2014 (ALL COUNCIL DISTRICTS)
iooninhtinunuui
RECOMMENDATION:
It is recommended' that the City Council authorize the execution of Interlocal Agreements with Tarrant
County and various municipalities within the county for the purpose of providiing limited animal and
rabies control and rabies specimen shipments from October 1, 2013, through, September 30, 2014.
DISCUSSION:
The Code Compliance Department, Animal Care and Control Division, has historically assisted
Tarrant County and various municipalities within the county by provi�ding 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, euthanization, disposal services and specimen shipping., Section 791.011 of the
Texas Government Code provides that a locals government may contract with another local
government to perform "golvern�m�enital functions and services,"which includes functions and services
related) to public health and welfare. Under this provision, the City of Fort Worth may enter into an
interloca,l Agreement so that the Animal Care and Control Division may pr,ov�ide animal control, animal
impoundment, boarding, quarantine; euthanizati,on and disposal services, to a municipality.
This Mayor and Council Communication will, authorize interlocal Agreements for Fiscal 'Year 201,4
with the following entities- the City of Benbrook is contracting for specimen shipment services; the
Cities of Forest H,ill, Kennedale, Edgecliff Village, Pantego and Dal,worthington Gardens are
contracting for bloar�ding, quarantine, specimen shipping, euthanization, chemical capture animal care
fee and disposal services; the City of Blue Mound and Tarrant County are contracting for the services
listed above plus periodic routine animal control services, by request. Municipalities desiring to
contract for any of these services, are required to execute a new Agreement annually.
Some of our supported munic,ipal�ities have i,n,itliated chemical capture programs. Dogs that have been
captured using tranquilizer guns must be given extraordinary care when they, are brought to the
shelter. The extraordinary care consists of kenneling them in specific cages that will minimize light
and noise and they must have continual monitoring by the veterinarian staff unt�il they are awake and
have been observed drinking and eating. For this reason we have added a chemical capture animal
care fee of$75.00 per animal.
The following fee schedule comprises the Fiscal Year 2014 fees*
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_pactcethiic—rev"
M&C Review Page 2 of 2
SERVICE FY 2014 FEE
Administrative Fee Per Animal Impoundment, $ 50.00
Dally Boarding Feel $ 15.00
Eutha�nasia/Dlisplosal Fee $ 501.00
Quarantine Boarding Fee $ 20.00
Administrative Fee Per Animal Quarantine $ 100-00
Fielid Service Request $l 8 7.001
Specimen Preparation and Shipment $ 100.00
Administrative Flee Per Specimen Shipment $ 25-010
Emergency Field Service Request $ 100.00
Chemical Capture Animal Cargil Fee $ 75.00
Educational Presentations, $70.001 per hour
Based on revenues received from Interloical Agreements in Fiscal Years 2012 a,nd 2013, Staff
anticipates, revenue in Fiscal Year 2014 to tota,l $55,000.00 from kenneling, $70,000.00 from various
services and $3,000.,00 from, specimen shipping.
FISCAL, INFORMATIONXERTIFICATION:
"I 11111
The Finn ncial Management Services, Director certifies that the Code Compliance Department, Animal
Care and Control Division, is responsible for the collection and deposit of funds due to the City.
TO Fund/Account/'Ceniters FROM Fund/AccounVCenters
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Submitted for Cftv Manan er' Ice Charles Daniels, (6199)
s Off"'
OrI g*InatI,ng Department ea Bennett (61,345)
Aftifional Informat'lon Contact, Michael C,amp (7020)
Shannon Elder (6326)
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ATTACHMENTS
b,ttp-//a,pps.cl�,'wnet.org,/counc"I review.asp?ID=I 9097&councildate=11/5/2013 2/17/2014