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HomeMy WebLinkAboutContract 29314 STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § INTERLOCAL AGREEMENT FOR RABIES CONTROL THIS AGREEMENT by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "City", acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and the City of Benbrook, hereinafter called `Benbrook", acting herein by and through Cary Conklin, its duly authorized City Manager. WITNESSETH : WHEREAS, VTCA Government Code, Chapter 791, 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 Health and Safety Code, Vernon's Texas Codes Annotated, 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 Board of Health; 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 limited rabies control services in the City of Benbrook. __. 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 Health and Safety Code, Vernon's Texas Codes Annotated. ANIMAL shall mean any living, vertebrate creature, domestic or wild, other than homo sapiens. ANIMAL CARE AND CONTROL CENTER shall mean the facility operated by the City for the purpose of impounding and caring for animals as prescribed by law located at 4900 Martin Street, Fort Worth, Texas. 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 was 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. 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 Board of Health 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, 2003, and ending on September 30, 2004. 2 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, week days and weekends, 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 animal heads 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 Paragraph 4 of this Agreement, including criminal enforcement. B. Benbrook agrees that it will provide prompt response by the City of Benbrook Police Department to calls for assistance by the City when performing services under this Agreement, as necessary. C. 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 Paragraph 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, 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 City of Benbrook under the authority of Chapter 822 Subchapter D. of the 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. 3 D. City shall not patrol for and/or impound stray animals if Benbrook fails to enact and maintain rules or ordinances pursuant to Sections 826.015 and 826.033 of the Health and Safety Code, Vernon's Texas Codes Annotated, that require animals to be restrained at all times. 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 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, 2003 through September 30, 2004, 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 $ 1,000.00 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 Government Code § 791.011(d)(3), Vernon's Texas Codes Annotated, the amount due City under subparagraph A., above, shall be paid from revenues available to Benbrook in fiscal year beginning October 1, 2003 and ending September 30, 2004. 4 9. LIABILITIES A. To the extent permitted by law, Benbrook 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 of 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's own 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 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, Vernon's Texas Codes Annotated, 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. 5 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. 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 VTCA, Government Code, Chapter 791. 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. 6 EXECUTED in triplicate this day of , 2003, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH CITY OF BENBROOK Libby Wat Cary Co n Assistant City Manager City Manager APPROVED AS TO FORM AP ROVED AS TO FORM Vu Assista City Attorney City Attorney ATTEST: ATTEST: 41on6a Pears ity ecretary City Secret ry Gontract Authorization Date --_,j CRP2003100lv2 7 "EXHIBIT A" SCHEDULE OF FEES TO BE PAID BY BENBROOK HEAD PREPARATION AND SHIPMENT Per Animal Head $65.00 8 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/30/2003 DATE: Tuesday, September 30, 2003 LOG NAME: 50ACCC CONTRACT REFERENCE NO.: **C SUBJECT: Approval of Interlocal Agreement between the City of Fort Worth and Other Tarrant C Municipalities for the Purpose of Rabies Control and Rabies Specimen Shipment RECOMMENDATION: It is recommended that the City Council authorize the City Manager to accept and execute intE agreements between the City of Fort Worth and other Tarrant County municipalities for the purpc rabies control and rabies specimen shipment from October 1, 2003, through September 30, 2004. DISCUSSION: The Animal Care and Control Division has historically assisted some Tarrant County municipalities i processing and shipment of head specimens to the Bureau of Laboratories in Austin for the purpo rabies control. Rabies control also includes the kenneling of impounded animals and euthanitizing. Texas Government Code, Chapter 791.011 provides that a local government may contract with anotl perform "governmental functions and services". By law, the City of Fort Worth Animal Care and C( Division may provide animal impoundment, boarding, quarantine, euthanasic and disposal serviceE municipality. The City of Haslet currently contracts for limited rabies control services. The City of Benbrook contrac specimen shipment services. The Cities of Forest Hill, Kennedale, Edgecliff Village and Dalworthii Gardens contract for boarding, quarantine, euthanasic and disposal services. Municipalities desiri contract for any of these services will be required to renew the agreement annually. The municipi contracting with the City will pay for services in accordance with the fees shown below, which conta increase of $9.00 from the previous agreements ($56.00 to $65.00) for the cost of Rabies Spec Shipment. Fees for these services are as follows: Service Fee Daily Board Fee $12.00 Quarantine Fee per Day $18.00 Euthanasic/Disposal $12.00 Service Request $56.00 Emergency Service Request $65.00 Educational Services per Hour $56.00 Rabies Specimen Shipment $65.00 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/11/2003 Page 2 of 2 The Animal Care and Control Center will accept delivery of dogs, cats, ferrets, or non-prohibited an and wild animals in cages between the hours of 8:00 a.m. and 5:00 p.m. daily. The Animal CarE Control Division will respond to requests for contracted services from 8:00 a.m. until 4:00 p.m. daily owners reclaiming their animals from the Animal Care and Control Center will be required to provide of ownership of the animals, present a photo identification, and pay the appropriate fees for reclamati provide a copy of a receipt showing payment of fees to the contracting City. Furthermore, pet owners who live in the City of Fort Worth whose animals are impounded in municipalities and brought to the Animal Care and Control Center will be required to purchase registration tags for their pets. Such animals will be required to be altered in compliance with the mandatory spay/neuter program. Boarding fees for pets reclaimed by their owners will be paid b owners, not the contracting municipality, unless the owner provides proof of fees paid to the contrE city. Boarding for pets not reclaimed will be charged to the contracting municipality. A euthanasic a disposal fee will be charged for wild animals that will be euthanized or relocated and other animals th; be euthanized upon delivery to the Center. The City of Fort Worth shall have the right to terminate this agreement without cause upon thirty (30) written notice to the contracting municipality. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Public Health Department, Animal Care and Control Division responsible for the collection and deposit of revenue due to the City as a result of these agreements. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 VARIOUS 0504002 $0.00 GG01 VARIOUS 0504001 $0.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Daniel Reimer (7201) Additional Information Contact: Daniel Reimer (7201) James Agyemang (392-3743) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/11/2003