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HomeMy WebLinkAboutResolution - 2022-R0468 - Vector Control Service Agreement with Lubbock CountyResolution No. 2022-RO468 Item No. 7.17 November 16, 2022 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, a Vector Control Service Agreement, by and between the City of Lubbock and Lubbock County, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on November 16, 2022 ATTEST: ()wjkybV 1t6e`c/cwa darza, City Secretary APPROVED AS TO CONTENT: Bill H eon, Deputy C' ager APPROVED AS TO FORM: RyA Bro e, As s City Attorney RES.Vector Control Service Agreement 10.21.22 Resolution No. 2022-RO468 City of Lubbock, TX Vector Control Vector Control Service Agreement STATE OF TEXAS § COUNTY OF LUBBOCK § This Interlocal Agreement entered into between Lubbock County, acting by and through its duly authorized County Commissioners Court, hereinafter called "County", and the City of Lubbock, acting by and through its duly authorized Mayor, hereinafter called, "City". WHEREAS, Lubbock County has determined that a need exists for vector control services in Lubbock County outside the city limits of the City of Lubbock; and WHEREAS, the City of Lubbock agrees to furnish such services; and NOW THEREFORE, the parties mutually agree as follows: 1. The City agrees to provide vector control services for the entire area of Lubbock County lying outside the city limits of the City of Lubbock, including incorporated areas within the county. The City will provide weekly reports to the County to inform of sprayed locations. 2. The City in providing this service shall pay all necessary expenses of the personnel involved in this service, including salaries, administration expense, fringe benefits, transportation vehicles, supplies, and maintenance and operation of transportation vehicles. 3. The term of this Agreement shall be effective from October 1, 2022, (the Effective Date), and may be continued by mutual agreement by both parties from year to year for a maximum of four additional one-year terms. Terms may be (1) renegotiated, or (2) terminated with or without cause, by either party upon thirty (30) written notice to the other party. 4. The County hereby agrees and obligates itself to pay to the City for this service per year, for each year of the Agreement, a lump sum amount of One Hundred Seventy Five Thousand and no/100 dollars ($175,000), said amount to be paid no later than thirty (30) days after execution of this agreement by both parties. In subsequent years, payment is due by December 15. It is further understood and agreed that in the event additional mosquito applications are necessary, due to heavier than normal rain or a mosquito borne disease outbreak, the County shall pay the direct cost for such additional applications beyond six per year. 5. The County agrees that all payments to this Agreement must be made from current revenues available to the County pursuant to Section 791.011 of the Texas Government Code. The liability of County as to payment under the terms and provisions of this Agreement is limited to this sum, plus additional amount of funds from time to time certified available pursuant to §§ 111.061 through 111.073 of the Texas Local Government Code, as amended, for the purpose of satisfying County's obligations under the terms and provisions of this Agreement; and that when and if all the funds so certified are expended for the purpose of satisfying County's obligations under the terms and provisions of this Agreement, the sole and exclusive remedy of City shall be to terminate this Agreement. 6. The City, and its respective officers, employees, elected officials and agents, shall not be liable, and the County hereby releases the City, and its respective officers, employees, elected officials and agents, for, from and/or against any losses, damages, claims or liabilities to company, hold harmless based on work performed, including, but not limited to the negligence, of any type of degree, or fault, of the City, arising from or related to, in any way, manner of form, the unenforceability or voidance, for any reason, of all or any part of this agreement. This release shall survive the termination or voidance of this Agreement. 7. Any notice, demand, request, approval, or other communication (a "notice") which, under the terms of this Agreement or by law, must or may be given by either party, must be in writing, and must be given by personally delivering, by electronic mail, or mailing the same by certified mail, return receipt requested, to the respective parties as follows: City: City Secretary City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 BGarza@mylubbock.us County: Curtis Parrish (or his successor) Lubbock County Judge 904 Broadway, Suite 101 Lubbock, Texas 79401 cparrish@lubbockcounty.gov 8. The parties hereto find that (a) the services performed by each of them are necessary and authorized for activities that are properly within their statutory functions and programs; (b) they have the authority to contract for the services; (c) they have all necessary power and have received all necessary approvals to execute and deliver this Agreement; and (d) the representatives signing this agreement on their behalf have authority from their respective governing bodies to sign this Agreement. 9. The benefits of this Agreement are intended to inure solely to the City and the County. Accordingly, the parties do not intend any persons who are not named in this paragraph to have authority to enforce any provision of this Agreement. 10. This Agreement is not intended to create and does not create a partnership or joint venture between the parties. 11. The construction, interpretation, and performance of this Agreement and all transactions under it shall be governed by the domestic laws of the State of Texas and any suit regarding this Agreement must be filed in the District Courts of Lubbock County, Texas. 12. If any provision hereof or the application thereof to any person or circumstance is held to any extent, to be void, invalid or unenforceable, the remainder of this Agreement, and the application of such provision to other persons or circumstances, shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 13. The Agreement may be terminated by either party upon thirty (30) days written notice to the other party. Written notice must be sent by certified mail, return receipt requested, or by electronic mail, and the thirty (30) days will be calculated from the date the notice is sent. 14. This agreement embodies the entire Agreement between the parties hereto relative to the subject matter hereof. The City or the County may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by an authorized representative of both organizations and approved by both governing bodies. Executed this 16th day of November , 2022. LUBBOCK COUNTY, TEXAS: urtis Parrish, Co ty Judge ATTEST: Ar Kelly PiniorUlCounty Clerk CITY OF LUBBOCK: Tray e, Y ATTEST: (AO4 W Rebecca Garza, City Secretary APPROVED AS TO FORM: JenniferSj4k, Civil Assistant District Attorney Vector Control Services Agrmt Lubbock Co. 912.22 APPROVED AS TO CONTENT: Ka enne Wells Director of Public Health APPROVED AS TO FORM: A -o, - Ry Br e Assis City Attorney