HomeMy WebLinkAboutItem 17 - West Nile Virus CC ITEM#1-7
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: MAY21, 2
SUBJECT: TARRANT COUNTY INTERLOCAL AGREEMENT
IMPLEMENTING A WEST NILE VIRUS MOSQUITO
SURVEILLANCE AND RESPONSE PROGRAM
RECOMMENDATION:
City Council considers ro i an Interlocal Agreementwith Tarrant Countyto participate
in a West Nile Virus Mosquito Surveillance and Response Program, authorize the it
Manager to execute said interlocal agreement, and take any necessary action.
BACKGROUND:
During the mosquito season of 2012, the North Texas region had one of the worst
outbreaks of West it Virus (WNV) in recent history. Tarrant County has significantly
intensified their surveillance and response program for this coming mosquito season.
Under the interlocal agreement, Tarrant County provides us with six mosquito traps to be
located in the City. They will also provide educational and training information on the
placement and operation oft e traps.
The City to will install the traps, collect the samples from the traps and transport them to
the County weekly for processing and testing.
Contracts initiated byte County for services related tot surveillance or control of
disease carrying mosquitoes, including spraying, will include provision for cooperative
purchasing by cities with interlocal agreements in place.
to recommends approval.
JSL/ds
CC ITEM#17
INTERLOCAL COOPERATION AGREEMENT
This INTERLOCAL COOPERATION AGREEMENT ("Agreement'' is entered into by
and between the CITY OF GRAPEVINE ("City'l, a home rule municipal corporation
organized under the laws of the State of Texas, and the COUNTY OF TARRANT
C`County'` , a county organized under the laws of the State of Texas for the purpose of
implementing a West Nile Virus Mosquito Surveillance and Response Program.
FINDINGS
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
Control, Texas A&M University, Mosquito Control Districts, the State of Texas and local
municipalities to create a West Nile Virus 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
common interest of both parties and will benefit the general public;
E. County and City are making payment, if applicable, from current revenues
available to the paying party;
F. Any payment required by this Agreement is in an amount that fairly
compensates the performing party for the services or functions performed under this
Agreement; and
G. The governing bodies of County and City have each authorized this
Agreement.
The City and the County agree as follows: CC ITEM#17
AGREEMENT
1. WEST NILE VIRUS MOSQUITO SURVEILLANCE AND RESPONSE 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 mosquito 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 September 30, 2013.
However, this Agreement will automatically renew for successive terms of I year each
commencing October I of a given year and expiring September 30 of the following year.
Either party may terminate this Agreement on 60 days written notice prior to the
beginning of any term of this Agreement.
3. DESCRIPTION OF PROGRAM.
® Surveillance Eguipment.
The County will provide the City with (i) 6 Gravid Mosquito Traps with electrical
batteries, (ii) a battery charger, (iii) an aspirator and (iv) sufficient transport
containers. Equipment will be returned to the County if the City no longer uses
the equipment as part of this program.
® Surveillance Services
The County will provide the City with (i) a schedule for sample submissions, (ii)
processing and testing of the mosquitoes for the presence of West Nile Virus and
St. Louis Encephalitis virus, (iii) reports of the test results, (iv) analysis of
regional data, and (v) recommendations for response options.
3.3. TraD ODeration
City will operate the provided traps in a manner and number in accordance with
the plan specified by the county. Trapped mosquito samples will be submitted to
the County according to the schedule issued by the County with the information
required.
® Education
The County will provide City with (i) education regarding the placement and
operation of mosquito traps and (ii) education in Integrated Pest Management
methods of mosquito control (M) a response plan model and assist with adapting
the response plan to the City's needs.
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3.S. Communication CC ITEM#17
Each party will provide at least two points of contact for the exchange of
information.
3.6. CooDerative Purchasing
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 ShA"in
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.
4. INDEPENDENT CONTRACTOR.
Nothing 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.
S. 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. NOTICES.
All written notices called for or required 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: County:
Attn: City Manager Attn: County Administrator
City of GraQevine Tarrant County Administration Building
P.O. Box 95104 100 E. Weatherford Street
Grapevine, Texas 76099 Fort Worth, TX 76196
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7. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REG CC ITEM#17
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.
8. 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 right on any future occasion.
9. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision of this Agreement venue for such action will lie i n s tate district courts
located in Tarrant County, Texas. This Agreement must be construed in accordance with
the laws of the State of Texas.
10. NO 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
this Agreement this Agreement will be interpreted fairly and reasonably, and neither
more strongly for or against any patty, regardless of the actual drafter of this
Agreement.
12. CAPTIONS.
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 AGREEMENT.
This Agreement, including any exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement
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QC ITEM#17
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 t o t he
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:
CITY OF GRAPEVINE: COUNTY OF TARRANT:
By: By:
B. Glen Whitley
City Manager CountyJudge
Date, Date:
APPROVED AS TO FORM/LEGALITY: APPROVED AS TO FORM:
By: By:
City Attorney Assistant District 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 approval of this document was offered solely for the benefit of our client. Other
parties should not rely on this approval and should seek review and approval by their own
respective attorney (s).
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