Loading...
Item 4FCITY OF SOUTHLAKE MEMORANDUM (May 7, 2013) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Authorize the City Manager to execute an Interlocal Agreement with Tarrant County to expand and modify the West Nile Virus surveillance and response program Action Requested: Authorize the City Manager to execute an Interlocal Agreement with Tarrant County to expand and modify the West Nile Virus surveillance and response program. Background Information: In response to the high human infection rate of West Nile Virus (WNV) during the summer of 2012, Tarrant County has expanded their efforts to assist cities. Through an increased mosquito surveillance program, the County hopes to gain an earlier understanding of the changing conditions that lead to the increased risk of human exposure. Using guidance published by the Centers for Disease Control the county also plans to make spraying for adult mosquitos available to the cities. As indicated in the West Nile Virus action plan, the number of mosquito collections sites in Southlake has been increased from two to six sites per week. While the county does not intend to charge for this mosquito testing, they do plan to develop a fee schedule for spraying for adult mosquitos should it be warranted. Cities will be given the opportunity to opt in for this service, should the need arise. Financial Considerations: This Interlocal agreement does not propose to charge for any of the services presently being provided to the City of Southlake; but, it does indicate that they will develop a fee schedule related to spraying for adult mosquitos. Strategic Link: The execution of this Interlocal agreement links to the city's strategy map relative to the focus area of partnerships and Volunteerism. The specific corporate objective that is met by the agreement is: Collaborate with select partners to implement service solutions. Citizen Input/ Board Review: N/A Legal Review: None Alternatives: The City Council may recommend execution of the Interlocal agreement or not. Supporting Documents: Transmittal letter Inter -local Agreement Staff Recommendation: Authorize the City Manager to execute an Interlocal Agreement with Tarrant County to expand and modify the West Nile Virus surveillance and response program. Staff Contact: Robert H. Price, P.E., Public Works Director Chuck Kendrick, Deputy Director of Public Works Christi Upton, Environmental Coordinator TARRANT COUNTY COMMISSIONERS COURT G. K. MAENIUS COUNTY ADMINISTRATOR March 26, 2013 Shana Yelverton, City Manager City of Soutlake 1400 Main Street Soutlake, Texas 76092 o� �oBI, t- 7ti1 �� knot VI...av ............. ", Re: Interlocal Agreement to expand and modify the West Nile Virus surveillance and response program aA [� Dear Nationwide, 2012 represented the greatest number of human cases of West Nile Virus since 2003 with a third of all cases reported from Texas. The North Texas region accounted for approximately 92% of all cases in Texas. Consequently, Tarrant County has taken steps to expand and modify its West Nile Virus surveillance and response program. Staff and resources are being added to fortify our preparedness. Among the areas that have been addressed are: 1) increasing the emphasis on mosquito surveillance to get an earlier understanding of changing conditions; 2) expanding and remodeling the surveillance trapping system; and 3) using a new decision tree to determine response operations. In order to acquire more consistent and complete surveillance data, it is necessary to increase the amount of mosquito trapping done across the county. To this end, we are formalizing our partnership with municipalities in Tarrant County and asking each of our partners to enter into an Inter -Local Agreement (enclosed). As shown in the agreement, the county will provide traps and laboratory testing for the mosquito samples while the city will operate the traps and submit the mosquito samples for testing. County staff will offer training and assistance to the city, and any contracts that the county enters into with a third party provider(s) regarding response operations will include the option for cities to purchase services at the same rate. Should you wish to participate in the program, please execute four (keep one and return three) copies of the attached agreement to: David Jefferson, Environmental Health Manager, Tarrant County Public Health, 1101 S. Main, Ft. Worth, Texas 76104, and if you have additional questions, please contact him at 817-321-4969, or email DGJeffcrsoii@TarraiitCouiity.com. Sincerely K. 6Ma e n i yus County Administrator TAR)Z,ANT_COUNTYADMINISTRATION BUILDING 100 E. WEATHERFORD, FORT WORTH, TEXAS 817/884-1733 FAX 817/884.1702 INTERLOCAL COOPERATION AGREEMENT This INTERLOCAL COOPERATION AGREEMENT ("Agreement'} is entered into by and between the CITY OF SOUTHI.AKE ("City', a home rule municipal corporation organized under the laws of the State of Texas, and the COUNTY OF TARRANT (`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; 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 1 year each commencing October 1 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. 3.1. Surveillance Equipment. 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. 3.2. $urveillance 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. Trap Operation 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. 3.4. 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 (iii) a response plan model and assist with adapting the response plan to the City's needs. 2 3.5. Communication Each parry will provide at least two points of contact for the exchange of information. 3.6. Coope[@tive 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 Sharing 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 parry, 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. 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: Attn: County Administrator Tarrant County Administration Building 100 E. Weatherford Street Fort Worth, TX 76196 7. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS. This Agreement will be subject to ordinances, rules and regulations, including, Charter and ordinances, as amended. 8. NO WAIVER. all applicable federal, state and local laws, but not limited to, all provisions of the City's 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 311RI5DICTION. 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 fie in state 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 4 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: CITY OF SOUTHLAKE: By: City Manager Date: APPROVED AS TO FORM/LEGALITY: By: City Attorney COUNTY OF TARRANT: By: B. Glen Whitley County Judge Date: APPROVED AS TO FORM: By: 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).