HomeMy WebLinkAboutContract 54636 CSC No.54636
STATE OF TEXAS
COUNTY OF TAW.A r
INTERLOCAL AGREEMENT FOR RABIES CONTROL
CITY OF FORT WORTH AND TARRANT COUNTY
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 Tarrant County, Texas, acting by and through its duly authorized County Judge
(hereinafter referred to as "County").
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, County wishes to participate in an interlocal agreement with City for the
purpose of limited rabies control in the unincorporated areas of Tarrant County; and
WHEREAS,County 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 County whereby, subject to the terms and conditions hereinafter set forth and consideration
specified below, City agrees to provide County with limited rabies control services in the
unincorporated areas of Tarrant County, and City agrees to provide
Interlocal Agreement with Tarrant County for Rabies Control Page I of I
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
impoundment and quarantine facilities for animals pursuant to this Agreement for the benefit
of County.
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 a facility located 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.
Interlocal Agreement with Tarrant County for Rabies Control Page 2 of 12
STRAY shall mean roaming with no physical restraint beyond the premises of an animal's
owner or keeper.
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 term.
4.
SERVICES BY CITY
A. Hours
City agrees to perform the services described herein for County in the unincorporated
areas of Tarrant County, between the hours of 8:00 a.m. and 4:00 p.m. weekdays and
weekends, excluding holidays. In the event of an emergency or involving potentially
rabid animals that occur after-hours, weekends, or holidays, City agrees to provide
services in Subsection B. and C. in the manner and extent that the City deems
appropriate.
B. Calls For Service
City will screen and respond to the incoming calls listed below in the manner and to the
extent that it deems appropriate, including but not limited to the impoundment of stray
animals and the euthanizing of sick or injured animals. Incoming calls include:
(1) Reports of stray injuredanimals;
(2) Reports of stray dangerousdogs;
(3) Reports of captured dogs;
(4) Report by officials of public or private elementary and secondary
schools of stray dogs upon or near school property; and
(5) Requests by County to patrol for stray dogs in specific areas on a
limited basis.
C. Rabies Response
In the manner and to the extent that it deems appropriate and in accordance with the
Rules and the Act, City will:
(1) Screen incoming calls, take reports and investigate such reports of bites
or of animals that are suspected of being rabid;
(2) Place animals referred to it in C (1) above in rabies quarantine or
euthanize such animals for rabies testing;
(3) Process and ship other animal specimens for rabies testing which are
presented by the County to the City; and
(4) Provide surveillance and trapping of suspected bite animals and of
animals that are suspected of being rabid.
Interlocal Agreement with Tarrant County for Rabies Control Page af12
(5) Promptly report to county epidemiologist and the health authority any
potential or actual human exposure to a rabid animal(s) occurring in the
unincorporated areas ofthe County.
D. Impoundment ofAnimals
City will impound animals pursuant to Section 6.
5.
DUTIES OF COUNTY
A. County 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. County agrees that it will provide prompt response by the Sheriff's Office to calls for
assistance by the City when performing services under this Agreement.
C. County agrees that it will pursue,at its discretion,the issuance and execution of warrants
or other court orders necessary for the seizure ofanimals requiring quarantine or testing
under Paragraph 4 (C) of this Agreement, whose owners have failed or refused to place
them for quarantine or testing. County further agrees that City is not required to pursue
the issuance and execution of such warrants.
D. County agrees to provide City with three (3) dog traps at the commencement of this
Agreement and will replace any of such traps that are stolen or destroyed within thirty
days (30)during the term of this Agreement. If this Agreement is not renewed, such traps
will be returned to County.
6.
IMPOUNDMENT AND DISPOSITION OF ANIMALS
A. A live, stray dog impounded by the City under this Agreement shall be held for a period
of not less than Ninety-six (96) hours, unless released earlier to its owner ("Animal
Owner"). A quarantined animal shall be held or presented for testing according to the
Act and the Rules. The County shall provide in writing to the City the date of the bite
incident and the animal's date of release from quarantine. Any dog presented by a
resident of unincorporated Tarrant County may be accepted by the City provided that
County shall pay for such surrendered animals, as specified in Exhibit"A".
B. Prior to the expiration of the impoundment period,the City may destroy an impounded dog
if the Animal Services Administrator or Animal Control Manager of the City or the Animal
Care and Control's veterinarian recommends and approves such action.
C. Impounded dogs will be released to their owners upon:
(1) Proof of identification;
(2) Payment of Exhibit "B"fees;
Interlocal Agreement with Tarrant County for Rabies Control Page 4 of 12
(3) Arranging for a rabies vaccination for the animal if it is a dog or a cat over 16
weeks of age and its vaccination is not current.
D. The ownership of impounded or quarantined animals that have not been released to their
owners on the expiration of the impoundment or quarantine period shall lie with the County,
and the County authorizes the City to place the animals for adoption, to transfer them to
other animal welfare organizations, or to be euthanized, at the sole discretion of the City or
as required by law. The County specifically requests the City euthanize all animals from the
County that are not adopted or transferred.
E. All quarantined animals from the County not reclaimed by their owner will be disposed of
pursuant to Section 6.D. above and the County will be billed for the cost in accordance with
the fee schedule as specified in Exhibit"A".
F. Tarrant County will be billed for all impounded animals delivered by or from
unincorporated Tarrant County.
G. The City will impound and hold dogs from the County which have been seized by the
County only under Chapters 821 or 822 of the Texas Health and Safety Code. The County
agrees to request, pursuant to Chapters 821 and 822, an Appeals Bond to cover the fees-
estimated to be charged to the Animal Owner under Exhibit "B" and the County agrees
to pay the City all fees which would have been charged the Animal Owner in the event
the court does not require the Animal Owner to pay the fees or where the Animal Owner
is ordered by the court to pay and fails to pay.
H. The City will notify the County when the number of animals impounded during the term of
this agreement exceeds 300 animals.
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 the County
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
unincorporated areas of Tarrant County, under the authority of Chapter 822 Subchapter D.
of the Health and Safety Code,Vernon's Texas Codes Annotated.
C. City shall not patrol for and/or impound stray animals if County fails to enact and
maintain rules or ordinances pursuant to Sections 826,014 and 826,033 of the Texas
Health and Safety Code that relluire animals in th ated areas of the County
to be restrained at all times.
Interlocal Agreement with Tarrant County for Rabies Control Page 5 of 12
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 (except as provided in Paragraph 5(D) of this Agreement) used by such employees
for providing services under this Agreement. County shall have no direct supervisory authority
over such employees except in emergency situations where the exercise of supervision by
County becomes necessary. Regarding workers' compensation insurance, the City shall not
waive its right to subrogate against the County for losses incurred in the course of City's services
rendered to County under this Agreement.
9.
COMPENSATION
A. As fair compensation for the services rendered County 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 County 120 days'
written notice.
B. County will pay the City a total compensation amount not to exceed $135,960.00 for the
initial term of this Agreement for services rendered during this Agreement. For each renewal
term,the total compensation amount and fees shall increase by 3%and the County shall pay
the City in accordance with Exhibit"A". 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 County with an itemized monthly bill.
County agrees to promptly pay such bills upon presentation by the City, such payments to
be made from current revenues available to County, within thirty(30)days of receipt. In the
event of the termination of this Agreement, City shall bill County for any outstanding
balance,regardless of the amount, and County 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
County in that current fiscal year.
10.
FEES CHARGED TO ANIMAL OWNERS
County hereby agrees that City may charge, or cause to be charged, the fees set out in
Exhibit "B" to the owners of animals that have been impounded or quarantined. Exhibit "B" is
hereby incorporated as a part of this Agreement as if it were set forth at length. City is
Interlocal Agreement with Tarrant County for Rabies Control Page 6 of 12
hereby authorized to increase said fees during the terms of this Agreement by giving the
County 120 days' notice.
11
LIABILITIES
A. To the extent permitted by law, County shall be responsible for all work-related deaths,
injuries or diseases of County 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. County shall be responsible for all property damages,personal injuries and death caused
by the use of County equipment and vehicles pursuant to this Agreement. Furthermore,
County shall be responsible for the repair or replacement of all such equipment and
vehicles, damaged, destroyed, lost or stolen by County 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.
12.
IMMUNITY & THIRD PARTIES
A. The County expressly waives its right to assert immunity from suit for a claim forming
the basis of a suit between the City and County alleging a breach of this Agreement. The
County does this as consideration for the City's offer to enter into this Contract with the
County. 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 benefit any third party other than an
employee or officer of County or City while in the performance of this Agreement. This
Agreement may not be construed to expand the liability of City or County beyond the
scope of Chapter 101 of the Texas Civil Practice and Remedies Code unless specifically
stated herein.
13.
TERMINATION
Interlocal Agreement with Tarrant County for Rabies Control Page 7 of 12
It is further agreed by and between City and County that City and County shall each have
the right to terminate this Agreement upon thirty (30) days'written notice to the other
Party.
14.
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.
15.
MODIFICATION
This Agreement may be modified by the mutual agreement of the parties,if the modification
is in writing and signed by City and County.
16.
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.
17.
AUTHORITY
This Agreement is made for City and County as an Interlocal Agreement pursuant to VTCA,
Government Code, Chapter 791.
18.
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 infull force and effect.
19.
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
Interlocal Agreement with Tarrant County for Rabies Control Page 8 of 12
obligated or permitted under the terms of this 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 party was delayed.
20.
FISCAL FUNDING LIMITATION
If for any reason, at any time during the term of this Agreement, either the Fort Worth City
Council or the Tarrant County Commissioner's Court fails to appropriate sufficient funds for the
affected party to fulfill its obligations under this Agreement, the affected Party may terminate this
agreement to be effective on the later of(i) thirty(30) days following delivery to the other party of
the affected Party's intention to terminate or(ii)the last date for which funding has been appropriated
by the affected Party for the purposes set forth in this Agreement.
Remainder of Page Intentionally Blank
Interlocal Agreement with Tarrant County for Rabies Control Page 9 of 12
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR RABIES CONTROL
CITY OF FORT WORTH AND TARRANT COUNTY
CITY OF FORT WORTH TARRANT COUNTY
Valnric Wuh'ngtoa(Oct7 202013:22 CD n o �, .,LA.
Valerie Washington B. Glen Whitley
Assistant City Manager County Judge °
Date: Oct 7,2020 Date:
RECOMMENDED
/W/L/0lZ0`!
Ti.Morton(Oct 5.202010:53 CDT)
Dr. Timothy Morton
Asst. Code Compliance Director
APPROVED AS TO FORM
CAresfve�ier Auyfrcct,
Christopher stria(Oc[7,2@013:16 CDT)
Christopher K. Austria
Assistant City Attorney pa440R � 4
° d°poo''d
dATTEST: o
a"Vag-L X7 2 014• T)
Mary J. Kayser
City Secretary
M&C: 20-0595
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.
2�6.ea&�Z'C'iz�
By: Christopher LirzttCOct 5,202008:49 CDT)
Name: Christopher Lirette
Title: Code Compliance Superintendent
*By law,the Criminal District Attorney's Office may only approve contracts for its clients.We reviewed this document as to form from our
client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent
counsel.
Interlocal Agreement with Tarrant County for Rabies Control OFFICIAL RECORD
g h' Page 10 of 12
CITY SECRETARY
FT.WORTH, TX
EXHIBIT A
SCHEDULE OF FEES PAID BY COUNTY
Impoundments:
During the initial term of this agreement the County shall pay the City a total compensation not to
exceed$135,960.00 for up to 300 animals impounded by the City from unincorporated Tarrant
County. For each renewal year, the total compensation not to exceed amount will increase by
3%. Payment for the initial term and each renewal term are as follows:
Year Total Monthly
Compensation Payment
Fiscal 2021 $135,960.00 yearly $11,330.00
(Initial Term)
Fiscal 2022 $140,040.00 yearly $11,670.00
(Renewal Term)
Fiscal 2023 $144,240.00 yearly ! $12,020.00
(Renewal Term)
For all service calls where an animal is impounded,the service call fee is waived and a flat rate
charge per animal is assessed. These rates are included in the yearly rate for each renewal year,
the flat rate charge shall increase by 3%. The flat rate charged per animal the initial term and each
renewal term are as follows:
Year Flat Rate Animal Service Call
Fiscal Year 2021 (Initial Term) $453.20
Fiscal Year 2022(Renewal Term) $466.80
Fiscal Year 2023 (Renewal Term) $480.80
Beyond the first 300 animals, the County shall pay the City a flat fee of$4,000.00 for each
additional full or partial increment of up to 10 additional animals impounded from
unincorporated Tarrant County.
Other services included:
Service calls and rabies response $100.00 per request
For all service calls where an animal is impounded,the service call fee is waived and the flat rate
charge per animal (excluding head preparation and shipment), shall be assessed as follows:
Year Flat Rate Animal Service Call
Fiscal Year 2021 (Initial Term) $453.20
Fiscal Year 2022(Renewal Term) $466.80
Fiscal Year 2023 (Renewal Term) $480.80
SPECIMEN HEAD PREPARATION AND SHIPMENT
Per Animal Head Specimen $200.00 per specimen
After-hours, weekend and emergency animal control response $200.00 per request
EXHIBIT B
SCHEDULE OF FEES TO BE PAID TO
CITY BY OWNERS RECLAIMING
ANIMALS
Rabies vaccination fee $9.00 per reclaimed dog or cat
Spay or neuter fee $50.00 per cat
$80.00 per dog
Microchip Fee $12.00 per reclaimed dog or cat
Daily board fees:
Kenneling(dog, cat, small animal) $30.00 per day
Kenneling(other than dogs, cats or smallanimal) $30.00 per day
Quarantined animals and dangerous dogs $50.00 per day
CFW ILA-CDA-KCW-PH-09102020
CERTIFICATION OF
APPROVED AS TO FORM: AVAILABLE FUNDS: $ !3S1`166,66'
Criminal trict Attorney' Office* Tarrant County Auditor
*By law,the Criminal District Attomey's Office may only approve contracts for its clients. We reviewed this document as to form from our
client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent
counsel.
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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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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