HomeMy WebLinkAboutContract 44672 I
RECEIVED JUL 2013
CONTRACT NO,
INTERLOCAL COOPERATION AGREEMENT
This Zl TE LOCAL COOPERATION AGREEMENT T C s entered into by
and between the CITY of FORT WORTH ("City' , o home rule municipal corporation
orgainized under the laws of the State of Texas,, an the COUNTY OF TARRANT
("County'), a county organized under the laws of the State of Texas for the purpose of
implementing e West Nile Virus Mosquito Surveillance and Response Program.
F1N DI GS
The City and County make the following findings in support of entering into this
Agreement*
A. 'The County has consulted with representatives from the Centers for Disease
Controll, Texas A&M University, osq a ito Control Districts, the .State of Texas and local
municipalities lities to create e West Nile Viruls Mosquito Surveillance and Response Program,
B. West Nile Virus infections represent a serious public health threat to the
citizens of the County and the City"
C. Mosquitoes spread disease without regard to city or county boundaries
D. The performance of this Agreement by both the City and County will be in the
eommo:n interest of both parties and will benefit the general public
E. County and City making payment, if applicable, from current revenues,
available to the paying psi
F. Any payment required by this Agreement its in an amount that fairly
compensates the performing pew for the services or functions performed under this
Agreement, and
G. The governing bodices of Co n
ty
aired City have each authorized this
Agreement.
OFFICIAL RECORD
ICITY S F1r,WORTHj E ETARYX
ECVD JUL 2 2 2013
K
The City and the County agree as foll�o,wsi-,
AGREEMENT
1. WEST NILE V1 lot 10
.M0!jQUnQ SURVEILLANCE AND RESPON5E PROGRAm.
County and City are teaming together, to create a West Nile Virus Mosquito
Surveillance, and Response Program�. This program will include the provision of
numerous mosqulito traps, monitoring the traps, and testing the mosquitoes trapped.
2. TERM.
The term of this Agreement commences on the date of complete execution of
this Agreement (the "Effective Date") and will expire on Sleptember 30, 2013.
However, this Agreement will automatically renew for successive terms of 1 year each
commencing October 1 of a given year and expiring September 30 of the following yea�r.
Either party may terminate this Agreement on 6,0 days written notice prior to the
beginning, of any term oft i Agreement.
3. DESCRIPTION QF-PRA GRAM.,
3,1. 'Surveillance EquoipmenE,
ectrical
* h
The County will provide the City with (i') 4�5 Gravid Mosquito Tra wi t ell ps
batteries, (ii) a battery charger, (111) an aspirator, and (iv) sufficient, transport
cointainers. Equipment will be returned to the County if' the City no, longer uses
the equipment as part of th�is, prolgraim.
Survoijance Services
The Cloun'ty wil:l provide the City with (1) a schedule, for sample submissions, (ii)
processing and testing: of the mosquitoes for the presence of West Nile Virus and
St. Louis Encephallitis, virus,, (viii) reports of the test results, (iv), analysis of
regional data, and (v) recommendations for response options.
3,3. Tura 1p_0.pe ti on
City will operate the provided traps in a manner and number in accordance with
the plan specified by the county. Trapped mosquito samples will ble submitted, to
the County according to, the schedule issued by the County with the information
required.
3A., Education
The County wills provide, City with (1) education regarding the placement and
operation of mosquito traps and (ii) education in Integrated lest Management
methods of mosquito control (iii) a response plan model and assist with adapting
the response plan to the City's needs.
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RECEIVED JUL 22 2013
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3.5. Communication
Each party will provide at least two points of contact for the exchange of
information.
3.6. Copperptive Purcha,si:ng
Contracts initiated by the County for services related to the surveillance, or
control of disease carrying mosquitoes will include provision for cooperative
purchasing.
3.7 Cost Shariong,
A cost sharing model will be developed wherein the City would be responsible for
the cost associated with response activities i.e., adulticiding, within their
jurisdiction.
rs
4. INDEPENDENT CONTRACT ME
N' othing contained in this Agreement is 'Intended by the parties, to create a,
partnership or joint, venture between the parties, and any implication to the contrary is
hereby expressly disavowed. It is understood and', agreed that this Agreement does not
create a joint enterprise, nor does it appoint any party as an agent of any other party,
for any purpose whatsoever.
5. LIABILITY.
Nothing in the performance of this Agreement may impose any liability for claims
against the City or the County other than claims for which liability may be imposed by
the Texas Tort Claims Act,
6. NQTIC,ESi
All written notices called for or requiired by this Agreement must be addressed to
the following, or other party or address as either party designates in writing, by certified
mail, postage prepaid,, or by hand delivery.-
City: " I County:
A 4.7.0ror I
at n: A.)le J-vi.A Attn-, County Adrrilnistrator,
Tarrant County Administration Building
734 I1101 100 E. Weatherford Street
Fort Worth, TX 76196
3
"4ECEIED JUL 22 2013
7a CQMPILIANI: WITH LAWS, ORDINANCE5w RULE5 AND, REGIU,LATI
This Agreement will be subject to all applicable federal, state and local laws,
ordinances, rules and regulations, including, but not limited to, all provisions of the City's
Charter and ordinances, as amended.
8a NO WAIVER,
The failure of either party to insist upon: the performance of any term or
provision of this Agreement or to exercise any right granted hereunder will not
constitute a waiver of that party's right to insist upon appropriate performance or to
assert any such righit on any future occasion.
91. VENUE AND JIJ RIBS DICTION,
If any action, whether real or asserted, at law or in e,qaity, arises on, the basis of
any provision of this Agreement venue for such action will lie yin state district courts
located in Tarrant County,, Texas,. This Agreement must', be construed in accordance with
the laws of the State of Texas.
10a NQ THIRD PARTY RIGHTS.
The provisions and conditions, of this Agreement are solely for the benefit of the
City and County and are not intended to create any rights, contractual or otherwise, to
any other person or entity.
11, INTERPRETATION'.
In -the event of any dispute over the meaning or application of any provision, of
i
this Agreement this Agreement will be interpreted fairly andi reasonably, and neither
more strongly for or against any patty, regardless of the actual drafter of this
Agreement.
12, _CAPTIQ fib!S.
Captions and headings used in this Agreement are for reference purposes only
and may not be deemed a part of this Agreement.
13, ENTIRETY OF A.GREEMENTo
This Agreement, including any exhibits attached hereto and any documents
incorporated herein by reference, conta�ins, the entire understanding and agreement
4
l U
R,, I.C I V E D J U 2,2 20113
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Tarrant County
PUBLIC HEALTH
Safeguarding our
July 1 , 201.3
community" heal
IMMM
LoIu K. Brewer,RN,MPH PhD
Director I Dear Surveillance Partner-,
Dr. Sandra Parker Please find the enclosed signed original of the interlocal agreement.
Public Health Authority re aring West Nile Virus, surveillance prograi. We would like to
Medical Director I thank the city staff for their aid and assistance in the on-going program.
If there are any questions please feel fi-ee to contact me.
Sincerely,
nA
VIN' 'I
David Jefferson, RS
Environni.ental. Health Manager
"arrant County Public Beal h
1101 S.Main Street*Fort Worth,Texas 76104 (817)321-4700
http://health M tarrantcount -com
IV
RECEIVED JUL 2 2 2013
between the City and County as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the
extent in conflict with any provision of this Agreement.
14, COUNTERPARTS.
This, Agreement may be executed in multiple counterparts, each of which will be
considered an original�, but all of which will constitute one instrument.
EXECUTED, as of the last date indicated below:
in IN 'A
CITY OF FORT WORTHS COUNTY OF TARRANT. Z i
a I
By
owe By:
Be Glen Whit'lley
C*Ity, Manager County Judge
Date: 0.57. Z41 /13 Date:, ev -/8-,-/3
Orr%
APPROVED AS TO FORM/LEGALITY: APPROVED AS TQ me
By
Bye
Cl"ty Attorney Ass Lawn 7 tralct Attorney*
*By law, the District Attorney's Office may only advise or approve contracts or legal documents
on behalf of its clients. It may not advise or approve a contract or legal document on behalf of'
other parties., our view of this document was conducted solely from the legal perspective of our
client., Our appIrov�al of this document was offered solely for the benefit of our clielnt. Other
parties should not rely on this, approval and should seek review and approval by their own
respective attorney (s).
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