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Home My WebLink About2007-234 AGREEMENT BETWEEN INDIAN RIVER COUNTY AND INDIAN RIVER COUNTY HEALTH DEPARTMENTFOR THE DELEGATION OF CERTAIN RABIES CONTROL RESPONSIBILITIES I . Parties and Purpose This Agreement For The Delegation Of Certain Rabies Control Responsibilities (Agreement"), bearing an effective date of July , 2007, is by and between Indian River County ("County") and the Indian River County Health Department (" IRCHD" ) and is for the purpose of designating the Indian River County Animal Control Division as the Indian River County Health Department's agent for certain duties. II . Background Statements The following are accepted by the parties as true and correct as part of this Agreement: A. Chapter 64D-3 .013, Florida Administrative Code (FAC), provides that certain rabies control duties and responsibilities of the IRCHD may be delegated to a designee. B . County currently has in place an Animal Control Division with the personnel , training , and resources to provide for certain rabies control functions. C . County currently has in effect Section 302. 08 of the Indian River County Code, which provides for the quarantine of animals for purposes of rabies control . D. The guidebook Rabies Prevention and Control in Florida is the established procedural guideline for rabies control in Florida. E. This agreement formalizes, refines, and updates a 1999 "Memorandum of Agreement" between County Animal Control Division and IRCHD which is currently being implemented . This agreement is intended to replace said " Memorandum of Agreement. III . Term This Agreement may be terminated in the event: 1 . IRCHD is not meeting its responsibilities according to this Agreement, whereupon the County shall send a written notice to IRCHD, in the manner set forth in this Agreement, setting forth the issues in specific detail and the date this Agreement shall terminate in the event IRCHD does not cure. Within thirty (30) days following receipt of such notice, IRCHD shall have cured to the reasonable satisfaction of County. In the event IRCHD fails to cure within thirty (30) days, this Agreement shall be deemed to be terminated with no further action by the County, other than written notice from the County to IRCHD of termination ; 2 . The County is not meeting its' responsibilities according to this Agreement, whereupon IRCHD shall send a written notice to the County, in the manner set forth in this Agreement, setting forth the issues in specific detail and the date this Agreement shall terminate in the event the County does not cure. Within thirty (30) days following receipt of such notice, the County shall have cured to the reasonable satisfaction of IRCHD . In the event the County fails to cure within thirty (30) days, this Agreement shall be deemed to be terminated with no further action by IRCHD , other than written notice from IRCHD to the County of termination ; 3. Of mutual agreement of the parties with no less than thirty (30) days' prior written notice . IV. Consideration This Agreement is in the public interest and is to effectively and efficiently carry out the government functions of the parties. Other consideration is set out below. V. Delegation to and Acceptance of Certain Duties by County: IRCHD agrees to delegate, and County agrees to accept and perform the following duties through its Animal Control Division in the manner specified below: A. Receive reports of persons exposed to potentially rabid animals, and maintain records of these bites or exposures. B. Investigate reports of persons exposed to potentially rabid animals and inform the IRCHD, Environmental Health Division , of the results of these investigations within 5 days of the date of exposure. C . Capture, confine or seize suspected rabid animals , and isolate , quarantine, or humanely euthanize these animals in accordance with Chapter 64D-3, FAC, and in the then current guidebook, Rabies Prevention and Control in Florida. D. Promptly notify IRCHD , Environmental Health Division, when the County Animal Control Division has been unable to capture, find , or quarantine a potentially rabid animal. E. Immediately notify IRCHD , Environmental Health Division , of the death or escape of an animal under quarantine . F. Observe animals under quarantine for signs and symptoms of rabies and immediately report any such signs or symptoms to IRCHD , Environmental Health Division . G . Release animals at the end of the quarantine period and notify IRCHD Environmental Health Division , and the potentially exposed victim of the release. H . Provide epidemic control measures in accordance with requests from and under the direction and supervision of IRCHD as outlined in the then current guidebook, Rabies Prevention and Control in Florida, and as authorized by Chapter 381 , Florida Statutes ( FS). I . Inform IRCHD when actions in a court of law are needed to enforce rabies regulations . J . Refer all medical inquires regarding anti-rabies treatment to IRCHD. 2 K. Keep bite information confidential and refer all requests for release of bite information to IRCHD, Environmental Health Division . L . Provide to IRCHD an annual listing of all animal bites reported and investigated by the Animal Control Division to the Health Department. M . Use all forms provided in the then current guidebook, Rabies Prevention and Control in Florida, including but not limited to the forms entitled "Animal Bite Report Form" and "Letters/Home Quarantine Form". Vl . Obligations of IRCHD: IRCHD agrees to do the following : A. Provide at-cost rabies pre-exposure and post-exposure vaccinations for employees of County Animal Control Division . B . Provide at-cost titers testing for employees of County Animal Control Division . C . Notify victims of the rabies test results of submitted animal specimens. D. Advise victims to seek medical guidance as necessary from a private physician or IRCHD when quarantine and/or animal rabies testing has not been possible, or when rabies test results are positive . E . Provide assistance in a court of law, when needed , with the enforcement of rabies control regulations. F. Provide technical assistance pertaining to animal status determinations and/or medical inquiries regarding anti-rabies treatment when requested . G . Remove or contract for the removal of animal heads for testing . H . Submit animal heads to the state laboratory for testing . I . Provide rabies guidebooks , legislative material and other rabies control documents as these documents are from time to time amended . 3 VII . NOTICES. Any notice , request, demand , consent, approval , or other communication required or permitted by this Agreement shall be given or made in writing and shall be served , as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid ), return receipt requested . Notices shall be given at the addresses of the parties shown below or at an updated address provided in writing to the other party: County: Indian River County Attn : John King , Project Manager 4225 43 d Avenue, Vero Beach , FL 32967 Phone: (772) 567-2154 Facsimile: (772) 567-9323 IRCHD : Attn : Cheryl Dunn , R. S. 1900 2r Street Vero Beach , FL 32660 Phone: (772)794-7440, Facsimile: (772)794-7447 ( remainder of page intentionally left blank ) 4 VIII . MERGER; MODIFICATION . This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter hereof that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration , change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by IRCHD and the County. INDIAN RIVER COUNTY INDIAN RIVER COUNTY HEALTH DEPARTMENT BOARD OF COUNTY COMMISSIONERS s , By By Ce.J `• . Mirand C . Swanson , R. N . , M . P. H . Gary C. Jeeler, Chairman Health Department Administrator Date Approved by'BCQ: Attest: J . K. Barton , Clerk By eputy Clerk pproved : seph A. Baird unty Administrator Approved as to form and legal ie py: Marian E . FeI Assistant County Attorney 5