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HomeMy WebLinkAboutResolution - 2023-R0096 - Six Interlocal Agreements for Point of Distribution Locations for Mass ImmunizationResolution No. 2023-R0096 Item No. 5.13 February 28, 2023 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, six (6) Interlocal Agreements regarding Point of Distribution (POD) locations for mass immunization or prophylaxis in the event of a public health emergency, by and between the City of Lubbock and Shallowater Independent School District, Lubbock Independent School District, Slaton Independent School District, Roosevelt Independent School District, New Deal Independent School District, and Idalou Independent School District, and two (2) Interlocal Agreements regarding POD locations for mass immunization or prophylaxis and Alternative Care Sites (ACS) in the event of a public health emergency, by and between the City of Lubbock and Lubbock -Cooper Independent School District and Frenship Independent School District, and all related documents. Said Agreements are 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 APPROVED AS TO ONTENT: Bill Howe n, Deputy City X V APPROVED AS TO FORM: RyaK B ooke, Senior Assistant City Attorney ccdocs/RES.COLHD POD and ACS Interlocal Agreements 2.6.23 February 28, 2023 Resolution No. 2023-R0096 INTERLOCAL AGREEMENT STATE OF TEXAS § § LUBBOCK ISD/CITY OF LUBBOCK COUNTY OF LUBBOCK § This Interlocal Agreement ("Agreement") is entered into between the Lubbock Independent School District ("District"), and the City of Lubbock ("City") acting through its Health Department ("Department"), collectively referred to herein as the "Parties." The District is an Independent School District organized under Education Code Chapter 11. The Department is operated under Chapter 121 of the Health and Safety Code. The Interlocal Cooperation Act, Government Code Chapter 791, governs this Agreement. I. Purpose The Department is required, by the City and Lubbock County Emergency Management Plan and by grant directives, to plan and prepare for public health emergencies which may result from natural or man-made causes. During such an emergency, it may be necessary to immunize or provide prophylaxis to large numbers of people in the area served by the Department and the District. Prior public health experience with mass immunizations/prophylaxis has shown that schools are well suited for this activity because: 1) Their location is known to large numbers of individuals within the community; 2) They have large assembly areas; and 3) They have other necessary facilities such as refrigeration and restrooms. The City and the District are committed to the health and safety of citizens, employees and others who use their facilities. The Department has determined that the District possesses facilities that are qualified to serve if mass immunization or prophylaxis is necessary. The District desires to be as helpful as possible in the event of a public health emergency, and agrees to make its facilities available for purposes of mass immunization or prophylaxis, under the terms set out below. The District and the Department have concluded that this contemplated use of the facilities is a "governmental function" as defined in the Interlocal Agreement Act. II. Public Health Emergency This agreement as pertains to facilities usage will go into effect only if: 1) The Commissioner of Health or the local health authority declares that large scale immunization or treatment is necessary as a control measure for an outbreak of communicable disease or if mass prophylaxis against bioterrorism agent or other infectious disease is required. 2) Classes at the facility are either not scheduled or are canceled. M. Obligations of the Department 1) The Department will supply or arrange for all equipment, vaccine, medicine and personnel necessary to administer the vaccine or medication. 2) The Department will supply or arrange for all equipment and personnel necessary for staffing, security, crowd control and other tasks, except as described in Section IV. 3) The Department will be responsible for disposal of medical waste and disinfection at the facility following its use for the emergency. The health authority will provide written assurance of its safety for use as a school facility following its use. 4) To the extent that can be determined, the Department will be responsible for costs of utilities described in Section IV during the use of the facility for the emergency. This compensation is mutually agreed to be "an amount that fairly compensated the performing party" as stated in the Interloca.l Cooperation Act. The amounts to be paid to the District will be paid from current revenues available to the Department. 5} The Department shall be responsible for the acts and negligence of its employees or volunteers, under state and federal law. IV. Obligations of the District 1 } The District is responsible for allowing the use of the facility and all utilities (gas, electricity, water, and telecommunications) normally associated with its use as a school facility. 2) The District is responsible for providing use of all rooms, fixtures, and equipment existing at the facility that the Department regards as necessary for on -site use during the period of the emergency. 3) The District will provide at least one person on -site during the period of emergency use with access to the rooms, fixtures and equipment described above. 4) The District shall be responsible for the acts and negligence of its employees or volunteers, under state and federal law. V. Term This agreement becomes effective after approval by the governing bodies of the District and City as indicated below. It may be canceled by either party by giving thirty days written notice to the other party, otherwise it remains in effect for five years and may be renewed by mutual agreement expressed in writing. VI. Funding The Parties agree that if the governing body of any Party fails to budget sufficient funds for this Agreement, then this Agreement shall terminate as to that Party and the Party shall have no further obligation to any other Party. VII. Venue and Applicable Law This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or regulations of the United States of America, the State of Texas and the Parties, and any other regulatory body having jurisdiction. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. VIII. Rights and Remedies Reserved The Parties reserve the right to exercise any right or remedy available to them by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the Parties shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. IX. Public Information This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et se ., as amended (the "Texas Public Information Act") the same shall be of no force and effect. X. No Personal Liability Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this Agreement. XI. No Joint Enterprise This Agreement is not intended to, and shall not be construed to create any joint enterprise between or among the parties. XII. No Indemnification by Parties The parties expressly acknowledge that the Parties' authority to indemnify and/or hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution and any provision which purports to require indemnification by either Party is invalid. XIII. Sovereign Immunity Acknowledged and Retained THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE CITY OF LUBBOCK RETAINS ALL GOVERNMENTAL IMMUNITIES. This Agreement executed this`'of ,� LUBBOCK INDEPENDENT CITY OF L UBBOCK: Tray Payne, ATTEST. - Garza, City Secretary APPROVED AS TO FORM.• Ryan%rtoke, Assistant City Attorney APPROVED AS TO CONTENT.• Wells, Director of Public Health Resolution No. 2023-R0096 INTERLOCAL AGREEMENT STATE OF TEXAS S LUBBOCK-COOPER ISD/CITY OF LUBBOCK COUNTY OF LUBBOCK S This Interlocal Agreement ("Agreement") is entered into between the Lubbock -Cooper Independent School District ("District"), and the City of Lubbock ("City") acting through its Health Department ("Department"). The District is an Independent School District organized under Education Code Chapter 11. The Department is operated under Chapter 121 of the Health and Safety Code. The Interlocal Cooperation Act, Government Code Chapter 791, governs this Agreement. I. Purpose The Department is required, by the City and Lubbock County Emergency Management Plan and by grant directives, to plan and prepare for public health emergencies which may result from natural or man-made causes. During such an emergency, it may be necessary to immunize or provide prophylaxis to large numbers of people in the area served by the Department and the District. Also during such an event, it may become necessary to activate an alternate care site ("ACS"). An ACS is a temporary site staffed and equipped to provide the necessary medical services to citizens during emergencies when local healthcare systems have become inefficient/ineffective/inoperable. Prior public health experience with mass immunizations and sheltering has shown that schools are well suited for these activities because: 1) Their location is known to large numbers of individuals within the community; 2) They have large assembly areas; and 3) They have other necessary facilities such as refrigeration and restrooms. The City and the District are committed to the health and safety of citizens, employees and others who use their facilities. The Department has determined that the District possesses facilities that are qualified to serve if mass immunization, prophylaxis, or an ACS is necessary. The District desires to be as helpful as possible in the event of a public health emergency, and agrees to make its facilities available for purposes of mass immunization, prophylaxis, or alternate care, under the terms set out below. The District and the Department have concluded that this contemplated use of the facilities is a "governmental function" as defined in the Interlocal Agreement Act. H. Public Health Emergency This agreement as pertains to facilities usage will go into effect only if: 1) The Commissioner of Health or the local health authority declares that large scale immunization or treatment is necessary as a control measure for an outbreak of communicable disease or if mass prophylaxis against bioterrorism agent or other infectious disease is required; or the City of Lubbock Emergency Operations Center declares the need for an ACS. 2) Classes at the facility are either not scheduled or are canceled. III. Obligations of the Department 1) The Department will supply or arrange for all equipment, vaccine, medicine and personnel necessary to administer the vaccine/prophylaxis; or to run the ACS. 2) The Department will supply or arrange for all equipment and personnel necessary for staffing, security, crowd control and other tasks, except as described in Section IV. 3) The Department will be responsible for disposal of medical waste and disinfection at the facility following its use for the emergency. The health authority will provide written assurance of its safety for use as a school facility following its use. 4) To the extent they can be determined, the Department will be responsible for costs of utilities described in Section IV during the use of the facility for the emergency. This compensation is mutually agreed to be "an amount that fairly compensated the performing party" as stated in the Interlocal Cooperation Act. The amounts to be paid to the District will be paid from current revenues available to the Department. 5) The Department shall be responsible for the acts and negligence of its employees or volunteers, under state and federal law. IV. Obligations of the District 1) The District is responsible for allowing the use of the facility and all utilities (gas, electricity, water, and telecommunications) normally associated with its use as a school facility. 2) The District is responsible for providing use of all rooms, fixtures, and equipment existing at the facility that the Department regards as necessary for on -site use during the period of the emergency. 3) The District will provide at least one person on -site during the period of emergency use with access to the rooms, fixtures and equipment described above. 4) The District shall be responsible for the acts and negligence of its employees or volunteers, under state and federal law. V. Term This agreement becomes effective after approval by the governing bodies of the District and City as indicated below. It may be canceled by either party by giving thirty days written notice to the other party, otherwise it remains in effect for five years and may be renewed by mutual agreement expressed in writing. VI. Funding The Parties agree that if the governing body of any Party fails to budget sufficient funds for this Agreement, then this Agreement shall terminate as to that Party and the Party shall have no further obligation to any other Party. VII. Venue and Applicable Law This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or regulations of the United States of America, the State of Texas and the Parties, and any other regulatory body having jurisdiction. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. VIII. Rights and Remedies Reserved The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. IX. Public Information This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et sea., as amended (the "Texas Public Information Act") the same shall be of no force and effect. X. No Personal Liability Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this Agreement. XI. No Joint Enterprise This Agreement is not intended to, and shall not be construed to create any joint enterprise between or among the parties. XII. No Indemnification by City The parties expressly acknowledge that the City's authority to indemnify and/or hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution and any provision which purports to require indemnification by the City is invalid. XIII. Sovereign Immunity Acknowledged and Retained THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE CITY OF LUBBOCK RETAINS ALL GOVERNMENTAL IMMUNITIES. ZZ This Agreement executed this of , 2- LUBBOCK-COOPER INDEPENDENT SCHOOL DISTRICT.• Keith Bryant, Superintendent CITY OF L UBBOCK: Tray Payne, o ATTEST.• �v City Secretary APPROVED AS TO FORM Ryan B96oke, Assistant City Attorney APPROVED AS TO CONTENT: Katherine Wells, Director of Public Health Resolution No. 2023-R0096 INTERLOCAL AGREEMENT STATE OF TEXAS 8 IDALOU ISD/CITY OF LUBBOCK COUNTY OF LUBBOCK 8 This Interlocal Agreement ("Agreement") is entered into between the Idalou Independent School District ("District"), and the City of Lubbock ("City") acting through its Health Department ("Department"). The District is an Independent School District organized under Education Code Chapter 11. The Department is operated under Chapter 121 of the Health and Safety Code. The Interlocal Cooperation Act, Government Code Chapter 791, governs this Agreement. I. Purpose The Department is required, by the City and Lubbock County Emergency Management Plan and by grant directives, to plan and prepare for public health emergencies which may result from natural or man-made causes. During such an emergency, it may be necessary to immunize or provide prophylaxis to large numbers of people in the area served by the Department and the District. Prior public health experience with mass immunizations/prophylaxis has shown that schools are well suited for this activity because: 1) Their location is known to large numbers of individuals within the community; 2) They have large assembly areas; and 3) They have other necessary facilities such as refrigeration and restrooms. The City and the District are committed to the health and safety of citizens, employees and others who use their facilities. The Department has determined that the District possesses facilities that are qualified to serve if mass immunization or prophylaxis is necessary. The District desires to be as helpful as possible in the event of a public health emergency, and agrees to make its facilities available for purposes of mass immunization or prophylaxis, under the terms set out below. The District and the Department have concluded that this contemplated use of the facilities is a "governmental function" as defined in the Interlocal Agreement Act. II. Public Health Emergency This agreement as pertains to facilities usage will go into effect only if: 1) The Commissioner of Health or the local health authority declares that large scale immunization or treatment is necessary as a control measure for an outbreak of communicable disease or if mass prophylaxis against bioterrorism agent or other infectious disease is required. 2) Classes at the facility are either not scheduled or are canceled. III. Obligations of the Department 1) The Department will supply or arrange for all equipment, vaccine, medicine and personnel necessary to administer the vaccine or medication. 2) The Department will supply or arrange for all equipment and personnel necessary for staffing, security, crowd control and other tasks, except as described in Section IV. 3) The Department will be responsible for disposal of medical waste and disinfection at the facility following its use for the emergency. The health authority will provide written assurance of its safety for use as a school facility following its use. 4) To the extent that can be determined, the Department will be responsible for costs of utilities described in Section IV during the use of the facility for the emergency. This compensation is mutually agreed to be "an amount that fairly compensated the performing party" as stated in the Interlocal Cooperation Act. The amounts to be paid to the District will be paid from current revenues available to the Department. 5) The Department shall be responsible for the acts and negligence of its employees or volunteers, under state and federal law. IV. Obligations of the District I } The District is responsible for allowing the use of the facility and all utilities (gas, electricity, water, and telecommunications) normally associated with its use as a school facility. 2) The District is responsible for providing use of all rooms, fixtures, and equipment existing at the facility that the Department regards as necessary for on -site use during the period of the emergency. 3) The District will provide at least one person on -site during the period of emergency use with access to the rooms, fixtures and equipment described above. 4) The District shall be responsible for the acts and negligence of its employees or volunteers, under state and federal law. V. Term This agreement becomes effective after approval by the governing bodies of the District and City as indicated below. It may be canceled by either party by giving thirty days written notice to the other party, otherwise it remains in effect for five years and may be renewed by mutual agreement expressed in writing. VI. Funding The Parties agree that if the governing body of any Party fails to budget sufficient funds for this Agreement, then this Agreement shall terminate as to that Party and the Party shall have no further obligation to any other Party. VII. Venue and Applicable Law This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or regulations of the United States of America, the State of Texas and the Parties, and any other regulatory body having jurisdiction. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. VIII. Rights and Remedies Reserved The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. IX. Public Information This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et sea., as amended (the "Texas Public Information Act") the same shall be of no force and effect. X. No Personal Liability Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this Agreement. XI. No Joint Enterprise This Agreement is not intended to, and shall not be construed to create any joint enterprise between or among the parties. XII. No Indemnification by City The parties expressly acknowledge that the City's authority to indemnify and/or hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution and any provision which purports to require indemnification by the City is invalid. XIII. Sovereign Immunity Acknowledged and Retained THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE CITY OF LUBBOCK RETAINS ALL GOVERNMENTAL IMMUNITIES. lzo;2.3 This Agreement executed this 40 of , ,292 IDALOU INDEPENDENT SCHOOL DISTRICT. - Robert Gibson, Superintendent CITY OF L UBBOCK. ATTEST Garza, City Secretary APPROVED AS TO FORM - APPROVED AS TO CONTENT.' Katherine Wells, Director of Public Health Resolution No. 2023-R0096 INTERLOCAL AGREEMENT STATE OF TEXAS S NEW DEAL ISD/CITY OF LUBBOCK COUNTY OF LUBBOCK S This Interlocal Agreement ("Agreement") is entered into between the New Deal Independent School District ("District"), and the City of Lubbock ("City") acting through its Health Department ("Department"). The District is an Independent School District organized under Education Code Chapter 11. The Department is operated under Chapter 121 of the Health and Safety Code. The Interlocal Cooperation Act, Government Code Chapter 791, governs this Agreement. I. Purpose The Department is required, by the City and Lubbock County Emergency Management Plan and by grant directives, to plan and prepare for public health emergencies which may result from natural or man-made causes. During such an emergency, it may be necessary to immunize or provide prophylaxis to large numbers of people in the area served by the Department and the District. Prior public health experience with mass immunizations/prophylaxis has shown that schools are well suited for this activity because: 1) Their location is known to large numbers of individuals within the community; 2) They have large assembly areas; and 3) They have other necessary facilities such as refrigeration and restrooms. The City and the District are committed to the health and safety of citizens, employees and others who use their facilities. The Department has determined that the District possesses facilities that are qualified to serve if mass immunization or prophylaxis is necessary. The District desires to be as helpful as possible in the event of a public health emergency, and agrees to make its facilities available for purposes of mass immunization or prophylaxis, under the terms set out below. The District and the Department have concluded that this contemplated use of the facilities is a "governmental function" as defined in the Interlocal Agreement Act. II. Public health Emergency This agreement as pertains to facilities usage will go into effect only if 1) The Commissioner of Health or the local health authority declares that large scale immunization or treatment is necessary as a control measure for an outbreak of communicable disease or if mass prophylaxis against bioterrorism agent or other infectious disease is required. 2) Classes at the facility are either not scheduled or are canceled. III. Obligations of the Department 1) The Department will supply or arrange for all equipment, vaccine, medicine and personnel necessary to administer the vaccine or medication. 2) The Department will supply or arrange for all equipment and personnel necessary for staffing, security, crowd control and other tasks, except as described in Section IV. 3) The Department will be responsible for disposal of medical waste and disinfection at the facility following its use for the emergency. The health authority will provide written assurance of its safety for use as a school facility following its use. 4) To the extent that can be determined, the Department will be responsible for costs of utilities described in Section IV during the use of the facility for the emergency. This compensation is mutually agreed to be "an amount that fairly compensated the performing party" as stated in the Interlocal Cooperation Act. The amounts to be paid to the District will be paid from current revenues available to the Department. 5) The Department shall be responsible for the acts and negligence of its employees or volunteers, under state and federal law. IV. Obligations of the District 1) The District is responsible for allowing the use of the facility and all utilities (gas, electricity, water, and telecommunications) normally associated with its use as a school facility. 2) The District is responsible for providing use of all rooms, fixtures, and equipment existing at the facility that the Department regards as necessary for on -site use during the period of the emergency. 3) The District will provide at least one person on -site during the period of emergency use with access to the rooms, fixtures and equipment described above. 4) The District shall be responsible for the acts and negligence of its employees or volunteers, under state and federal law. V. Term This agreement becomes effective after approval by the governing bodies of the District and City as indicated below. It may be canceled by either party by giving thirty days written notice to the other party, otherwise it remains in effect for five years and may be renewed by mutual agreement expressed in writing. VI. Funding The Parties agree that if the governing body of any Party fails to budget sufficient funds for this Agreement, then this Agreement shall terminate as to that Party and the Party shall have no further obligation to any other Party. VII. Venue and Applicable Law This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or regulations of the United States of America, the State of Texas and the Parties, and any other regulatory body having jurisdiction. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. VIII. Rights and Remedies Reserved The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. IX. Public Information This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et sea., as amended (the "Texas Public Information Act") the same shall be of no force and effect. X. No Personal Liability Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this Agreement. XI. No Joint Enterprise This Agreement is not intended to, and shall not be construed to create any joint enterprise between or among the parties. XII. No Indemnification by City The parties expressly acknowledge that the City's authority to indemnify and/or hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution and any provision which purports to require indemnification by the City is invalid. XIII. Sovereign Immunity Acknowledged and Retained THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE CITY OF LUBBOCK RETAINS ALL GOVERNMENTAL IMMUNITIES. This Agreement executed this � aZOR3 of , 2022. NEW DEAL INDEPENDENT SCHOOL DISTRICT. Matt Reed, Superintendent CITY OF L UBBOCK. Tray Payne, ATTEST.• Garza, City Secretary APPROVED AS TO FORM. - Assistant City Attorney APPROVED AS TO CONTENT Wells, Director of Public Health Resolution No. 2023-R0096 INTERLOCAL AGREEMENT STATE OF TEXAS S FRENSHIP ISD/CITY OF LUBBOCK COUNTY OF LUBBOCK S This Interlocal Agreement ("Agreement") is entered into between the Frenship Independent School District ("District"), and the City of Lubbock ("City") acting through its Health Department ("Department"). The District is an Independent School District organized under Education Code Chapter 11. The Department is operated under Chapter 121 of the Health and Safety Code. The Interlocal Cooperation Act, Government Code Chapter 791, governs this Agreement. I. Purpose The Department is required, by the City and Lubbock County Emergency Management Plan and by grant directives, to plan and prepare for public health emergencies which may result from natural or man-made causes. During such an emergency, it may be necessary to immunize or provide prophylaxis to large numbers of people in the area served by the Department and the District. Also during such an event, it may become necessary to activate an alternate care site ("ACS"). An ACS is a temporary site staffed and equipped to provide the necessary medical services to citizens during emergencies when local healthcare systems have become inefficient/ineffective/inoperable. Prior public health experience with mass immunizations and sheltering has shown that schools are well suited for these activities because: 1) Their location is known to large numbers of individuals within the community; 2) They have large assembly areas; and 3) They have other necessary facilities such as refrigeration and restrooms. The City and the District are committed to the health and safety of citizens, employees and others who use their facilities. The Department has determined that the District possesses facilities that are qualified to serve if mass immunization, prophylaxis, or an ACS is necessary. The District desires to be as helpful as possible in the event of a public health emergency, and agrees to make its facilities available for purposes of mass immunization, prophylaxis, or alternate care, under the terms set out below. The District and the Department have concluded that this contemplated use of the facilities is a "governmental function" as defined in the Interlocal Agreement Act. H. Public Health Emergency This agreement as pertains to facilities usage will go into effect only if 1) The Commissioner of Health or the local health authority declares that large scale immunization or treatment is necessary as a control measure for an outbreak of communicable disease or if mass prophylaxis against bioterrorism agent or other infectious disease is required; or the City of Lubbock Emergency Operations Center declares the need for an ACS. 2) Classes at the facility are either not scheduled or are canceled. III. Obligations of the Department 1) The Department will supply or arrange for all equipment, vaccine, medicine and personnel necessary to administer the vaccine/prophylaxis; or to run the ACS. 2) The Department will supply or arrange for all equipment and personnel necessary for staffing, security, crowd control and other tasks, except as described in Section IV. 3) The Department will be responsible for disposal of medical waste and disinfection at the facility following its use for the emergency. The health authority will provide written assurance of its safety for use as a school facility following its use. 4) To the extent they can be determined, the Department will be responsible for costs of utilities described in Section IV during the use of the facility for the emergency. This compensation is mutually agreed to be "an amount that fairly compensated the performing party" as stated in the Interlocal Cooperation Act. The amounts to be paid to the District will be paid from current revenues available to the Department. 5) The Department shall be responsible for the acts and negligence of its employees or volunteers, under state and federal law. IV. Obligations of the District 1 } The District is responsible for allowing the use of the facility and all utilities (gas, electricity, water, and telecommunications) normally associated with its use as a school facility. 2) The District is responsible for providing use of all rooms, fixtures, and equipment existing at the facility that the Department regards as necessary for on -site use during the period of the emergency. 3) The District will provide at least one person on -site during the period of emergency use with access to the rooms, fixtures and equipment described above. 4) The District shall be responsible for the acts and negligence of its employees or volunteers, under state and federal law. V. Term This agreement becomes effective after approval by the governing bodies of the District and City as indicated below. It may be canceled by either party by giving thirty days written notice to the other party, otherwise it remains in effect for five years and may be renewed by mutual agreement expressed in writing. VI. Funding The Parties agree that if the governing body of any Party fails to budget sufficient funds for this Agreement, then this Agreement shall terminate as to that Party and the Party shall have no further obligation to any other Party. VII. Venue and Applicable Law This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or regulations of the United States of America, the State of Texas and the Parties, and any other regulatory body having jurisdiction. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. VIII. Rights and Remedies Reserved The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. IX. Public Information This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et sea., as amended (the "Texas Public Information Act") the same shall be of no force and effect. X. No Personal Liability Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this Agreement. XI. No Joint Enterprise This Agreement is not intended to, and shall not be construed to create any joint enterprise between or among the parties. XII. No Indemnification by City The parties expressly acknowledge that the City's authority to indemnify and/or hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution and any provision which purports to require indemnification by the City is invalid. XIII. Sovereign Immunity Acknowledged and Retained THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE CITY OF LUBBOCK RETAINS ALL GOVERNMENTAL IMMUNITIES. This Agreement executed this 0 aoa.� of,sv�r FRENSHIP INDEPENDENT SCHOOL DISTRICT. 12�1, . ON; 0,,� rkK� Dr. Michelle McCord, Superintendent CITY OF L UBBOCK.- Tray Payne, ay ATTEST Garza, City Secretary APPROVED AS TO FORM Ryan Broke, Msistant City Attorney APPROVED AS TO CONTENT. - Wells, Director of Public Health Resolution No. 2023-R0096 INTERLOCAL AGREEMENT STATE OF TEXAS S ROOSEVELT ISD/CITY OF LUBBOCK COUNTY OF LUBBOCK S This Interlocal Agreement ("Agreement") is entered into between the Roosevelt Independent School District ("District"), and the City of Lubbock ("City") acting through its Health Department ("Department"). The District is an Independent School District organized under Education Code Chapter 11. The Department is operated under Chapter 121 of the Health and Safety Code. The Interlocal Cooperation Act, Government Code Chapter 791, governs this Agreement. I. Purpose The Department is required, by the City and Lubbock County Emergency Management Plan and by grant directives, to plan and prepare for public health emergencies which may result from natural or man-made causes. During such an emergency, it may be necessary to immunize or provide prophylaxis to large numbers of people in the area served by the Department and the District. Prior public health experience with mass immunizations/prophylaxis has shown that schools are well suited for this activity because: 1) Their location is known to large numbers of individuals within the community; 2) They have large assembly areas; and 3) They have other necessary facilities such as refrigeration and restrooms. The City and the District are committed to the health and safety of citizens, employees and others who use their facilities. The Department has determined that the District possesses facilities that are qualified to serve if mass immunization or prophylaxis is necessary. The District desires to be as helpful as possible in the event of a public health emergency, and agrees to make its facilities available for purposes of mass immunization or prophylaxis, under the terms set out below. The District and the Department have concluded that this contemplated use of the facilities is a "governmental function" as defined in the Interlocal Agreement Act. II. Public Health Emergency This agreement as pertains to facilities usage will go into effect only if: 1) The Commissioner of Health or the local health authority declares that large scale immunization or treatment is necessary as a control measure for an outbreak of communicable disease or if mass prophylaxis against bioterrorism agent or other infectious disease is required. 2) Classes at the facility are either not scheduled or are canceled. III. Obligations of the Department 1) The Department will supply or arrange for all equipment, vaccine, medicine and personnel necessary to administer the vaccine or medication. 2) The Department will supply or arrange for all equipment and personnel necessary for staffing, security, crowd control and other tasks, except as described in Section IV. 3) The Department will be responsible for disposal of medical waste and disinfection at the facility following its use for the emergency. The health authority will provide written assurance of its safety for use as a school facility following its use. 4) To the extent that can be determined, the Department will be responsible for costs of utilities described in Section IV during the use of the facility for the emergency. This compensation is mutually agreed to be "an amount that fairly compensated the performing party" as stated in the Interlocal Cooperation Act. The amounts to be paid to the District will be paid from current revenues available to the Department. 5) The Department shall be responsible for the acts and negligence of its employees or volunteers, under state and federal law. IV. Obligations of the District 1 } The District is responsible for allowing the use of the facility and all utilities (gas, electricity, water, and telecommunications) normally associated with its use as a school facility. 2) The District is responsible for providing use of all rooms, fixtures, and equipment existing at the facility that the Department regards as necessary for on -site use during the period of the emergency. 3) The District will provide at least one person on -site during the period of emergency use with access to the rooms, fixtures and equipment described above. 4) The District shall be responsible for the acts and negligence of its employees or volunteers, under state and federal law. V. Term This agreement becomes effective after approval by the governing bodies of the District and City as indicated below. It may be canceled by either party by giving thirty days written notice to the other party, otherwise it remains in effect for five years and may be renewed by mutual agreement expressed in writing. VI. Funding The Parties agree that if the governing body of any Party fails to budget sufficient funds for this Agreement, then this Agreement shall terminate as to that Party and the Party shall have no further obligation to any other Party. VII. Venue and Applicable Law This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or regulations of the United States of America, the State of Texas and the Parties, and any other regulatory body having jurisdiction. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. VIII. Rights and Remedies Reserved The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. IX. Public Information This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et sea., as amended (the "Texas Public Information Act") the same shall be of no force and effect. X. No Personal Liability Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this Agreement. XI. No Joint Enterprise This Agreement is not intended to, and shall not be construed to create any joint enterprise between or among the parties. XII. No Indemnification by City The parties expressly acknowledge that the City's authority to indemnify and/or hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution and any provision which purports to require indemnification by the City is invalid. XIII. Sovereign Immunity Acknowledged and Retained THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT 1S 1N ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE CITY OF LUBBOCK RETAINS ALL GOVERNMENTAL IMMUNITIES. This Agreement executed this of %A&Ts*:'' _ ; 2023. ROOSEVELT INDEPENDENT SCHOOL DISTRICT.• CITY OF L UBBOCK. Tray Payne, ATTEST.• Garza, City Secretary APPROVED AS TO FORM.- RyarjMroo)('e, Assfstant City Attorney APPROVED AS TO CONTENT Wells, Director of Public Health Resolution No. 2023-R0096 INTERLOCAL AGREEMENT STATE OF TEXAS S SLATON ISD/CITY OF LUBBOCK COUNTY OF LUBBOCK S This Interlocal Agreement ("Agreement") is entered into between the Slaton Independent School District ("District"), and the City of Lubbock ("City") acting through its Health Department ("Department"). The District is an Independent School District organized under Education Code Chapter 11. The Department is operated under Chapter 121 of the Health and Safety Code. The Interlocal Cooperation Act, Government Code Chapter 791, governs this Agreement. I. Purpose The Department is required, by the City and Lubbock County Emergency Management Plan and by grant directives, to plan and prepare for public health emergencies which may result from natural or man-made causes. During such an emergency, it may be necessary to immunize or provide prophylaxis to large numbers of people in the area served by the Department and the District. Prior public health experience with mass immunizations/prophylaxis has shown that schools are well suited for this activity because: 1) Their location is known to large numbers of individuals within the community; 2) They have large assembly areas; and 3) They have other necessary facilities such as refrigeration and restrooms. The City and the District are committed to the health and safety of citizens, employees and others who use their facilities. The Department has determined that the District possesses facilities that are qualified to serve if mass immunization or prophylaxis is necessary. The District desires to be as helpful as possible in the event of a public health emergency, and agrees to make its facilities available for purposes of mass immunization or prophylaxis, under the terms set out below. The District and the Department have concluded that this contemplated use of the facilities is a "governmental function" as defined in the Interlocal Agreement Act. II. Public Health Emergency This agreement as pertains to facilities usage will go into effect only if: 1) The Commissioner of Health or the local health authority declares that large scale immunization or treatment is necessary as a control measure for an outbreak of communicable disease or if mass prophylaxis against bioterrorism agent or other infectious disease is required. 2) Classes at the facility are either not scheduled or are canceled. III. Obligations of the Department 1) The Department will supply or arrange for all equipment, vaccine, medicine and personnel necessary to administer the vaccine or medication. 2) The Department will supply or arrange for all equipment and personnel necessary for staffing, security, crowd control and other tasks, except as described in Section IV. 3) The Department will be responsible for disposal of medical waste and disinfection at the facility following its use for the emergency. The health authority will provide written assurance of its safety for use as a school facility following its use. 4) To the extent that can be determined, the Department will be responsible for costs of utilities described in Section IV during the use of the facility for the emergency. This compensation is mutually agreed to be "an amount that fairly compensated the performing party" as stated in the Interlocal Cooperation Act. The amounts to be paid to the District will be paid from current revenues available to the Department. 5) The Department shall be responsible for the acts and negligence of its employees or volunteers, under state and federal law. IV. Obligations of the District 1) The District is responsible for allowing the use of the facility and all utilities (gas, electricity, water, and telecommunications) normally associated with its use as a school facility. 2) The District is responsible for providing use of all rooms, fixtures, and equipment existing at the facility that the Department regards as necessary for on -site use during the period of the emergency. 3) The District will provide at least one person on -site during the period of emergency use with access to the rooms, fixtures and equipment described above. 4) The District shall be responsible for the acts and negligence of its employees or volunteers, under state and federal law. V. Term This agreement becomes effective after approval by the governing bodies of the District and City as indicated below. It may be canceled by either party by giving thirty days written notice to the other party, otherwise it remains in effect for five years and may be renewed by mutual agreement expressed in writing. VI. Funding The Parties agree that if the governing body of any Party fails to budget sufficient funds for this Agreement, then this Agreement shall terminate as to that Party and the Party shall have no further obligation to any other Party. VII. Venue and Applicable Law This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or regulations of the United States of America, the State of Texas and the Parties, and any other regulatory body having jurisdiction. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. VIII. Rights and Remedies Reserved The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. IX. Public Information This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et sea., as amended (the "Texas Public Information Act") the same shall be of no force and effect. X. No Personal Liability Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this Agreement. XI. No Joint Enterprise This Agreement is not intended to, and shall not be construed to create any joint enterprise between or among the parties. XII. No Indemnification by City The parties expressly acknowledge that the City's authority to indemnify and/or hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution and any provision which purports to require indemnification by the City is invalid. XIII. Sovereign Immunity Acknowledged and Retained THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE CITY OF LUBBOCK RETAINS ALL GOVERNMENTAL IMMUNITIES. This Agreement executed this .2S'-1". of „�� , 2023. SLA TON INDEPENDENT SCHOOL DISTRICT. Carlos Greg CITY OF L UBBOCK.- Tray Payne, Board President Board Secretary rVANSI ►A Garza, City Secretary APPROVED AS TO FORM Ryan E rooke, Assistant City Attorney APPROVED AS TO CONTENT Wells, Dir ctor of Public Health Resolution No. 2023-R0096 INTERLOCAL AGREEMENT STATE OF TEXAS S SHALLOWATER ISD/CITY OF LUBBOCK COUNTY OF LUBBOCK S This Interlocal Agreement ("Agreement") is entered into between the Shallowater Independent School District ("District"), and the City of Lubbock ("City") acting through its Health Department ("Department'). The District is an Independent School District organized under Education Code Chapter 11. The Department is operated under Chapter 121 of the Health and Safety Code. The Interlocal Cooperation Act, Government Code Chapter 791, governs this Agreement. I. Purpose The Department is required, by the City and Lubbock County Emergency Management Plan and by grant directives, to plan and prepare for public health emergencies which may result from natural or man-made causes. During such an emergency, it may be necessary to immunize or provide prophylaxis to large numbers of people in the area served by the Department and the District. Prior public health experience with mass immunizations/prophylaxis has shown that schools are well suited for this activity because: 1) Their location is known to large numbers of individuals within the community; 2) They have large assembly areas; and 3) They have other necessary facilities such as refrigeration and restrooms. The City and the District are committed to the health and safety of citizens, employees and others who use their facilities. The Department has determined that the District possesses facilities that are qualified to serve if mass immunization or prophylaxis is necessary. The District desires to be as helpful as possible in the event of a public health emergency, and agrees to make its facilities available for purposes of mass immunization or prophylaxis, under the terms set out below. The District and the Department have concluded that this contemplated use of the facilities is a "governmental function' as defined in the Interlocal Agreement Act. II. Public Health Emergency This agreement as pertains to facilities usage will go into effect only if: 1) The Commissioner of Health or the local health authority declares that large scale immunization or treatment is necessary as a control measure for an outbreak of communicable disease or if mass prophylaxis against bioterrorism agent or other infectious disease is required. 2) Classes at the facility are either not scheduled or are canceled. III. Obligations of the Department 1) The Department will supply or arrange for all equipment, vaccine, medicine and personnel necessary to administer the vaccine or medication. 2) The Department will supply or arrange for all equipment and personnel necessary for staffing, security, crowd control and other tasks, except as described in Section IV. 3) The Department will be responsible for disposal of medical waste and disinfection at the facility following its use for the emergency. The health authority will provide written assurance of its safety for use as a school facility following its use. 4) To the extent that can be determined, the Department will be responsible for costs of utilities described in Section IV during the use of the facility for the emergency. This compensation is mutually agreed to be "an amount that fairly compensated the performing party" as stated in the Interlocal Cooperation Act. The amounts to be paid to the District will be paid from current revenues available to the Department. 5) The Department shall be responsible for the acts and negligence of its employees or volunteers, under state and federal law. IV. Obligations of the District 1 } The District is responsible for allowing the use of the facility and all utilities (gas, electricity, water, and telecommunications) normally associated with its use as a school facility. 2) The District is responsible for providing use of all rooms, fixtures, and equipment existing at the facility that the Department regards as necessary for on -site use during the period of the emergency. 3) The District will provide at least one person on -site during the period of emergency use with access to the rooms, fixtures and equipment described above. 4) The District shall be responsible for the acts and negligence of its employees or volunteers, under state and federal law. V. Term This agreement becomes effective after approval by the governing bodies of the District and City as indicated below. It may be canceled by either party by giving thirty days written notice to the other party, otherwise it remains in effect for five years and may be renewed by mutual agreement expressed in writing. VI. Funding The Parties agree that if the governing body of any Party fails to budget sufficient funds for this Agreement, then this Agreement shall terminate as to that Party and the Party shall have no further obligation to any other Party. VII. Venue and Applicable Law This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or regulations of the United States of America, the State of Texas and the Parties, and any other regulatory body having jurisdiction. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. VIII. Rights and Remedies Reserved The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. IX. Public Information This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et sea., as amended (the "Texas Public Information Act") the same shall be of no force and effect. X. No Personal Liability Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this Agreement. XI. No Joint Enterprise This Agreement is not intended to, and shall not be construed to create any joint enterprise between or among the parties. XII. No Indemnification by City The parties expressly acknowledge that the City's authority to indemnify and/or hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution and any provision which purports to require indemnification by the City is invalid. XIII. Sovereign Immunity Acknowledged and Retained THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE CITY OF LUBBOCK RETAINS ALL GOVERNMENTAL IMMUNITIES. This Agreement executed this of , 2023. SHALLOWATER INDEPENDENT SCHOOL DISTRICT. Dr. —Anita Hebert, Superintendent CITY OF L UBBOCK. Tray ATTEST.• APPROVED AS TO FORM Ryan Brg6ke, �rssi4ant City Attorney APPROVED AS TO CONTENT ells, Director of Public Health