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