HomeMy WebLinkAboutResolution - 2006-R0423 - Interlocal Agreement For Community Preparedness - City Of Amarillo; SPPHD - 09_13_2006Resolution No. 2006-RO423
September 13, 2006
Item No. 5.19
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Interlocal Agreement for community
preparedness activities -pandemic influenza and any associated documents by and between
the City of Lubbock; the City of Amarillo and the South Plains Public Health District, a
copy of which Interlocal Agreement and any associated documents are attached hereto
and which shall be spread upon the minutes of this Council and as spread upon the
minutes of this Council shall constitute and be a part hereof as if fully copied herein in
detail.
Passed by the City Council this 13th day of September , 2006,
ATTEST:
ARebeca Garza, City Secretary
APPROVED AS TO CONTENT:
e-�ewtovv —
Tommy C den, Health Director
APPROVED AS TO FORM:
of
Mres/AmarillolnterlOcalCOnRes
August 31, 2006
Wo :� n. Va-FAI
Resolution No. 2006-RO423
September 13, 2006
INTERLOCAL COOPERATION AGREEMENT Item No. 5.19
THIS AGREEMENT is between City of Amarillo, Texas, a municipal corporation of the
State of Texas, and the City of Lubbock, a municipal corporation of the State of Texas, and the
South Plains Public Health District, a public health district representing four counties.
WITNESSETH:
WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 791 of
the Texas Government Code provides for interlocal cooperation between governmental agencies;
and
WHEREAS, Chapter 791 of the Texas Government Code provides for intergovernmental
procurement of services; and
WHEREAS, all parties are required to make certain purchases by formal advertisement
and bid process, which is a time consuming and expensive process; and it is in the public interest
to cooperate in the combination of bidding requirements to obtain the most favorable bid for
each party where it is in their mutual interest; and
WHEREAS, funding for all parties is provided thru Department of State Health Services
(DSHS) Community Preparedness Section (CPS)-Bioterrorism Preparedness contracts specific
for pandemic influenza activities; and
WHEREAS, the parties also wish to utilize each other's contracts where it is in their
mutual interest; NOW THEREFORE, the parties agree as follows:
PURPOSE. The purpose of this agreement is to acknowledge the parties mutual interest
to jointly bid the acquisition of goods and services where such mutual effort can be
planned in advance and to authorize the acquisition of goods and services under contracts
where the other party has obtained bids and the price is extended by either party's bidder
to other governmental agencies. Funding for this purpose for both parties will come from
Texas Department of State Health Services (DSHS) Community Preparedness Section
(CPS)-Bioterrorism Preparedness contracts specific for pandemic influenza activities.
2. ADMINISTRATION. No new or separate legal or administrative entity is created to
administer the provision of this agreement.
3. SCOPE. This agreement shall allow the following activities:
a. Purchase or acquisition of goods and services by each party acting as agent for either
or both parties when agreed to in advance, in writing. An example would be a
contract for tabletop, functional, or full-scale exercises with each party contributing
an agreed upon portion of the total cost of the contract.
b. Purchase or acquisition of goods and services by each party where provision has been
provided in contracts for other agencies to avail themselves of goods and services
offered under the contract. An example would be a contract for consultant services
with each party contributing an agreed upon portion of the total cost for these
services.
Page 1 of 3
4. DURATION OF AGREEMENT — TERMINATION. This agreement shall remain in force
for a period of one year and will automatically renew for a like term until canceled by either
party in writing with 90 days advance notice.
5. RIGHT TO CONTRACT INDEPENDENTLY PRESERVED. Each party reserves the right
to contract independently for the acquisition of goods or services without notice to the other
party and shall not bind or otherwise obligate the other party to participate in the activity.
6. LEGAL COMPLIANCE. Each party accepts responsibility for compliance with federal,
state or local laws and regulations including, in particular, bidding requirements applicable
to its acquisition of goods and services.
7. FINANCING. The method of financing of payment shall be through budgeted funds or
other available funds of the party purchasing the property or services.
8. INTERLOCAL COOPERATION DISCLOSURE. Each party may insert in its solicitations
for goods or services a provision disclosing that other authorized governmental agencies
may also wish to procure the goods or services being offered to the party, and allowing the
bidder the option of extending its bid to other agencies at the same bid price, terms and
conditions.
9. HOLD HARMLESS. Each party shall be liable and responsible for the consequences of
any negligent or wrongful act or failure to act on the part of itself and its employees.
Neither party assumes responsibility for the consequences of any act or admission of the
other party or for any person, firm or corporation.
10. SEVERABILITY. Any provision of this agreement, which is prohibited or unenforceable,
shall be ineffective to the extent of such prohibition or unenforceability, without
invalidating the remaining provision or affection the validity or enforcement of such
provision.
12. COMPENSATION. The parties agree that any payments under this Agreement are amounts
that fairly compensate the parties for the services or functions performed under the
Agreement.
13. CURRENT REVENUE. The parties hereby warrant that all payments, contributions, fees,
and disbursements required of it hereunder shall be made from current revenues budgeted
and available to the party.
14. VENUE. This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas.
15. LEGAL AUTHORITY. The parties represent and warrant to each other the following:
a. The functions and services to be performed under the Agreement will be limited to
"Administrative Functions" as defined in Chapter 791 Texas Government Code,
meaning: those functions normally associate with the routine purchasing operations of
government.
b. It possesses the legal authority to enter into this Agreement.
Page 2 of 3
c. Purchase made under the Agreement satisfy all procedural -procurement requirements
that the parties must meet under applicable state law.
This Agreement is executed this 13th day of September 2006.
CITY OF LUBBOCK:
David A. Miller, Mayor
ATTEST:
Cit Secretary
APPROVED AS TO CONTENT:
C/01y
Tommy Camd6n,Health Director
APPROVED AS TO FORM:
Don Vandiver, Attorney of Counsel
SOUTH LAINS PUBLIC HEALTH DISTRICT:
Moms S. Knox, M.D., Medical Director
ATTEST:
Secretary
dd/con/Amai il]oPanFlulnterloca]Con
August 31, 2006
CITY OF AMARILLO:
h"AH;wi�
Alan Taylor, City Manager
ATTEST:
'&X"a
Secretary
Page 3of3
CITY OF LUBBOCK
MEMO
TO: LEE ANN DUMBAULD, CITY MANAGER
FROM: TOMMY CAMDEN, HEALTH DEPARTMENT DIRECTOR
SUBJECT: AGENDA COMMENTS - SEPT 13, 2006 CITY COUNCIL MEETING
DATE: AUGUST 31, 2006
ITEM# / SUBJECT:
Consider a resolution authorizing and directing the Mayor to execute for and on behalf of
the City of Lubbock an Interlocal Agreement for community preparedness activities -
pandemic influenza and any associated documents by and between the City of Lubbock;
the City of Amarillo and the South Plains Public Health District.
BACKGROUND/ DISCUSSION:
This Interlocal Agreement will better allow for extended or regional coordination of
pandemic influenza preparedness activities beyond our immediate Lubbock area to
partner with the City of Amarillo and the South Plains District. These three partnering
entities will cover a total of 43 counties. The purpose of the interlocal agreement between
the City of Lubbock, the City of Amarillo, and the South Plains Health District is to
acknowledge the parties mutual interest to jointly bid the acquisition of goods and services
where such mutual effort can be planned in advance and to authorize the acquisition of
goods and services under contracts where the other party has obtained bids and the price
extended by either party's bidder to other governmental agencies. An example would be a
contract for consultant services and/or tabletop, functional, or full-scale exercises with
each party contributing an agreed upon portion of the total cost of the contract.
Funding for this purpose for all parties will come from the Texas Department of State
Health Services (DSHS) Community Preparedness Section (CPS)-Bioterrorism
Preparedness contracts for pandemic influenza activities. The Community Preparedness
Section (CPS)-Bioterrorism Preparedness contract was originally approved by Council
with Resolution # 2005-RO445 on September 21, 2005. Contract Change Notice No. 06 to
DSHS Document No. 7560005906 200604A for pandemic influenza preparedness was
passed by Council on July 10, 2006.
As a recap, the funding for Lubbock covers Pandemic Influenza Planning activities for
Lubbock and 12 other surrounding counties and extended the contract period to run
through 12/31/06. This extension in the contract period has been provided to allow for
completion of additional activities related to Pandemic Influenza Preparedness for the 13
county area which includes Lubbock.
Pandemic Influenza Preparedness activities required provide for Planning, Training and
Exercising. Specific activities identified to accomplish these additional requirements for
Lubbock include:
1. Contract with a consultant to develop a Panflu Plan template for use by the 12
additional counties.
2. Conduct trainings for individuals and organizations across the 13 county area.
3. Coordinate with other local partners across the Panhandle and South Plains to
contract with a consultant to conduct a tabletop or other exercises for a 43 county
area.
FISCAL IMPACT:
Fiscal impact will be minimal for both revenue and general fund activities.
SUMMARY/RECOMMENDATION:
Tommy Camden, Health Director and Health Department staff recommends approval of
the Interlocal Agreement.
g: Agenda Comments — Pan Flu Interlocal Agreement Sept 2006
Agreement No. Lub1Am Panflu TTX 2006-1
Resolution No. 2006—RO423
2
A 0 E. r
tRAtN • SER+IE - I2ESP6ND
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (MOA) is entered into by and between the City of Lubbock
and the Texas Engineering Extension Service (TEEX) shown below as Contracting Parties. This
agreement is entered into pursuant to Chapter 791 of the Texas Government Code, entitled the
Interlocal Cooperation Contracts.
1. CONTRACTING PARTIES:
The Receiving Party: City of Lubbock Health Department 1902 Texas Avenue / PO Box
2548, Lubbock, Texas 79408
The Performing Party: Texas Engineering Extension Service, 301 Tarrow, College Station,
Texas 77840-7896
STATEMENT OF SERVICES PERFORMED:
"See Statement of Services attached hereto and incorporated as Attachment A"
Ill. CONTRACT AMOUNT:
The total amount of this contract is for a firm -fixed -price of $75,000.00 (Seventy-five
thousand dollars). The receiving party paying for the performance of governmental
functions or services must make those payments from current revenues available to the
paying party.
IV. PAYMENT FOR SERVICES:
Payment for services performed shall be billed lump sum with payment due within thirty
(30) days of delivery of the written after action report.
V. TERM OF CONTRACT:
This Contract is to begin as of the date of the last signature and shall terminate December
31, 2006,
VI. ALTERNATIVE DISPUTE RESOLUTION
The dispute resolution process provided for in Chapter 2260 of the Government Code
shall be used, as further described herein, by the Texas Engineering Extension Service
(hereinafter "TEEX") and the contractor to attempt to resolve any claim for breach of
contract made by the contractor:
A. A contractor's claim for breach of this contract that the parties cannot resolve in the
ordinary course of business shall be submitted to the negotiation process provided
in Chapter 2260, subchapter B, of the Government Code. To initiate the process,
the contractor shall submit written notice, as required by subchapter B, to Arturo
Alonzo, TEEX Deputy Director. Said notice shall specifically state that the
provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice
shall also be given to all other representatives of TEEX and the contractor
otherwise entitled to notice under the parties' contract. Compliance by the
contractor with subchapter B is a condition precedent to the filing of a contested
case proceeding under Chapter 2260, subchapter C, of the Government Code.
B. The contested case process provided in Chapter 2260, subchapter C, of the
Government Code is the contractor's sole and exclusive process for seeking a
remedy for any and all alleged breaches of contract by TEEX if the parties are
unable to resolve their disputes under subparagraph (A) of this paragraph.
TEEX Form 10-233 Page I or 3 Approved as of July 6, 2006
Agreement No. Lub/Am Panflu TTX 2006-1
C. Compliance with the contested case process provided in subchapter C is a
condition precedent to seeking consent to sue from the Legislature under Chapter
107 of the Civil Practices and Remedies Code. Neither the execution of this
contract by TEEX nor any other conduct of any representative of TEEX relating to
the contract shall be considered a waiver of sovereign immunity to suit.
D. The submission, processing and resolution of the contractor's claim is governed by
the published rules adopted by the Office of Attorney General of Texas pursuant to
Chapter 2260, as currently effective, hereafter enacted or subsequently amended.
These rules are found at 1 T.A.C. Chapter 68,
E. Neither the occurrence of an event nor the pendency of a claim constitutes
grounds for the suspension of performance by the contractor, in whole or in part.
F. The designated individual responsible on behalf of TEEX for examining any claim
or counterclaim and conducting any negotiations related thereto as required under
§2260.052 of H.B. 826 of the 76th Texas Legislature shall be Arturo Alonzo, TEEX
Deputy Director.
Both parties agree to be bound by the terms and conditions contained herein and any additional
attachments. All amendments to the contract must be in writing and signed by both parties. This
contract represents the entire agreement of the Parties,
Both Parties reserve the right to terminate this agreement for reasonable cause or if it is
determined the objectives of this program cannot be accomplished. Party wishing to terminate this
program must notify the other Party in writing thirty (30) days in advance and arrange for a mutual
settlement of expenses incurred.
The undersigned Parties bind themselves to the faithful performance of this Contract.
City of Lubbock:
Texas Engineering Extension Service:
By:-----!� By:
Name: David A. Miller Name: Lrison Lobdeli III
Title: Mayor Title: Division Director
Date: 11 - o t - U (e Date: /0 L30 /o
Tommy Cam en, Health Director
Approved as to form:
TLEX Form 10-233 Page 2 of 3 Approved as of July 6, 2006
Agreement No. Lub/Am Panflu TTX 2006-1
Don Vandiver, Attorney of Counsel
ATTEST:
Re b cca Garza, City Secretary
TLEX Form 10 233 Page 3 of 3 Approved as of July 6, 2006
Resolution No. 2006-RO423
ATTACHMENT A
LUBBOCK & AMARILLO PANFLU TTX SOW
PURPOSE
To design, develop, facilitate and deliver two eight hour pandemic influenza table
top exercises. The exercises are to take place in Lubbock and Amarillo, Texas.
The City of Lubbock, City of Amarillo, and South Plains Health District all have
Interlocal Cooperation Agreements with each other specific for this purpose with
funding for all parties coming for Texas Department of State Health Services
(DSHS) Community Preparedness Section (CPS)-Bioterrorism Preparedness
contracts specific for pandemic influenza activates.
DELIVERABLES AND/OR STATEMENT OF SERVICES
The National Emergency Response and Rescue Training Center (NERRTC) of
the Texas Engineering Extension Service (TEEX) will design, develop, and
deliver two one day Pandemic Influenza Tabletop Exercises of approximately
eight hours duration. The tabletops will provide a facilitated, interactive forum for
discussing the DHS and CDC issues related to pandemic influenza. They will
further delve into local planning and preparedness issues associated with
pandemic flu. TEEX will provide all personnel and material associated with the
design development and delivery of the exercises. TEEX will finalize the
exercise scenario, exercises injects and facilitate the exercise. TEEX will also
capture information and provide a written After Action Report to be delivered
within 30 days of the exercise in electronic format on a compact disk.
Task 1: A one day table top exercise in the Lubbock area on November 13, 2006,
for approximately 100 people. The tabletop scenario would cover pandemic
influenza issues as detailed by HHS/CDC guidance with related local
planning/preparedness issues focused on providing an opportunity for
participants to gain an understanding of issues associated with response to an
epidemiological incident.
Task 2: A one day table top exercise in the Amarillo area on November 15, 2006,
for approximately 100 people. This scenario will also cover pandemic influenza
issues as detailed by HHS/CDC guidance with related local
planning/preparedness issues focused on providing an opportunity for
participants to gain an understanding of issues associated with response to an
epidemiological incident.
SCOPE
The exercise will focus on an epidemiological incident effecting Texas and the
United States. The focus will be on the overall response and decision -making
process. Emphasis will be on communication, emergency response
coordination, resource integration, problem identification, and resolution.
ATTACHMENT A
LUBBOCK & AMARILLO PANFLU TTX SOW
OBJECTIVES
Local Decision -Making Process: Exercise the local and regional decision -
making process and identify areas needing refinements. Identify key actions to
be taken and by whom.
Affected Area Access / Quarantine: Review Local, State and Federal
operations for area access control and possible quarantine issues resulting from
an epidemiological incident.
City/County/State/Federal Agencies and Private/Public Sector Interface:
Examine the local interface among City I County I State / Federal agencies in the
conduct of crisis and consequence management activities. Examine Local, State,
and Federal interactions with the private and public sector during the threat or
actual occurrence of an epidemiological incident.
Public Information and Media Control: Discuss options to provide timely
information to the population and assist in minimizing chaos. Review plans to
preclude dissemination of conflicting data. Assess the adequacy of local plans
for interface with and use of media resources. Discuss how media will be
coordinated when State and Federal agencies are involved.
Medical Monitoring/Surveillance: Review the local medical, emergency
medical transport, and public health department capabilities to recognize,
identify, monitor and respond to an incident involving an influenza pandemic.
RESPONSIBILITIES OF THE CITY OF LUBBOCK
The City of Lubbock will 1) provide a point of contact to coordinate with TEEX for
planning of the exercise, and 2) arrange for meeting locations and for the
exercise sites and pay any related expenses for site use.
RESPONSIBILITIES OF TEEX
TEEX will 1) furnish staff for planning meetings and cover all related staff travel
expenses, 2) prepare and provide the final scenario and provide a copy to the
City of Lubbock, and 3) provide a minimum of seven staff members and all
materials needed to conduct the training and exercises.
Contact Persons: For the purposes of this contract, all contacts with TEEX
regarding program management shall be directed to its representative:
Hank Lawson at telephone number: (979) 458-6923.
For the purposes of this contract, all contacts with the Contractor regarding
ATTACHMENT A
LUBBOCK & AMARILLO PANFLU TTX SOW
contract management shall be directed to its representative:
Jonathan Dikes at telephone number: (979) 458-6932.
For purposes of this contract, all contacts with the the City of Lubbock shall be
directed to its representative:
Tommy Camden at telephone number (806) 775-2899.
For purposes of this contract, all contracts with the City of Amarillo shall be
directed to its representative:
Matt Richardson at telephone number (806)-351-7262.
Resolution No. 2006—RO423
LUBBOCK HEALTH DEPARTMENT
P.O. Box 2548,1902 Texas Ave., Lubbock, TX 79408
DATE: October 26, 2006
TO: Matt Richardson, Amarillo Health Director
VeeAnn Carter, SPHD Director
FROM: Tommy Camden, Lubbock Health Director
SUBJECT: Letter of Agreement for Payment of Pandemic Flu Exercise
In order to execute a contract with TEEX for our exercises on November 13, 2006 in Lubbock and November
15, 2006 in Amarillo, I am requesting you have your representative authorities sign this letter of agreement.
Our interlocal cooperation agreement between Lubbock, South Plains Health District, and Amarillo states we
need agreements in writing. Please generate two signed originals and mail one of those back to the Lubbock
Health Department and retain the other for your records. Please fax to my attention as well at (806)-775-3209.
1 appreciate your immediate attention. The total amount of the contract will be $75,000.
The City of Amarillo agrees to pay the City of Lubbock $15,000 for their portion of the TEEX Pandemic Flu
contract for an exercise to be conducted in Amarillo on November 15, 2006.
Matt Richardson, Health Director
South Plains Health District agrees to pay the City of Lubbock $6,000 for their portion of the TEEX Pandemic
Flu contract for exercises to be conducted in Lubbock, Texas on November 13, 2006 and in Amarillo on
November 15, 2006.
Mo 's S. Knox, M.D., Medical Director
The City of Lubbock agrees to pay $54,000 for their portion of the TEEX Pandmic Flu contract for exercises to
be conducted in Lubbock, Texas on November 13, 2006 and in Amarillo on November 15, 2006.
David A. M ller, Mayor ��
Resolution No. 2006-RO423
LUBBOCK HEALTH DEPARTMENT
P.O. Box 2548,1902 Texas Ave., Lubbock, TX 79408
DATE: October 26, 2006
TO: Matt Richardson, Amarillo Health Director
VeeAnn Carter, SPHD Director
FROM: Tommy Camden, Lubbock Health Director
SUBJECT: Letter of Agreement for Payment of Pandemic Flu Exercise
In order to execute a contract with TEEX for our exercises on November 13, 2006 in Lubbock and November
15, 2006 in Amarillo, I am requesting you have your representative authorities sign this letter of agreement.
Our interlocal cooperation agreement between Lubbock, South Plains Health District, and Amarillo states we
need agreements in writing. Please generate two signed originals and mail one of those back to the Lubbock
Health Department and retain the other for your records. Please fax to my attention as well at (806)-775-3209.
I appreciate your immediate attention. The total amount of the contract will be $75,000.
The City of Amarillo agrees to pay the City of Lubbock $15,000 for their portion of the TEEX Pandemic Flu
contract for an exercise to be conducted in Amarillo on November 15, 2006.
Matt Richardson, Health Director
South Plains Health District agrees to pay the City of Lubbock $6,000 for their portion of the TEEX Pandemic
Flu contract for exercises to be conducted in Lubbock, Texas on November 13, 2006 and in Amarillo on
November 15, 2006.
Morris S. Knox, M.D., Medical Director
The City of Lubbock agrees to pay $54,000 for their portion of the TEEX Pandmic Flu contract for exercises to
be conducted in Lubbock, Texas on November 13, 2006 and in Amarillo on November 15, 2006.
David A. Miller, Mayor