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HomeMy WebLinkAboutResolution - 2002-R0074 - Memorandum Of Understanding For Domestic Preparedness Equipment Grant - 02/28/2002Resolution No. 2002-R0074 February 28, 2002 Item No. 27 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Memorandum of Understanding for a Domestic Preparedness Equipment Grant of $273,163 from the Texas Engineering Extension Service of the Texas A&M University System, and any associated documents, a copy of which Memorandum of Understanding is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 28th day of February , 2002. WINDY SITT , AYOR ATTEST: Rebecca Garza, City Secretary APPROV D AS TO CONTENT: Ken lson, Emergency Management Coordinator APPROVED AS TO FORM: W'onald G. Vandiver, Fir`t�ssistant City Attorney Mres/F irstRespEqu ip Grant..res February 20, 2002 Resolution No. 2002-R 0074 February 28, 2002 MEMORANDUM OF UNDERSTANDING Item No. 27 This Memorandum of Understanding (MOU)'is entered into by and between the Texas Engineering Extension Service (TEEX) and the jurisdiction receiving equipment hereafter referred to as the customer: STATEMENT OF RESPONSIBILITIES: TEXAS ENGINEERING EXTENSION SERVICE will: RECEIVED SEP 2 0 �uue CITY SECRETARY LUBBOCK, TFX.P-:S • Coordinate purchase and delivery of authorized equipment selected by the recipient jurisdiction as funded by the Office of Justice Programs, Office for Domestic Preparedness, Fiscal Year 1999 State Domestic Preparedness Equipment Program. • Monitor and track progress of equipment deliveries until the jurisdiction receives all equipment provided under the grant. • Serve as the interface with the Office for Domestic Preparedness, Office of Justice Programs. • Provide a point of contact to assist the recipient jurisdiction with any questions or problems. Customer will: • Provide final selection of equipment from the list provided by the Texas Engineering Extension Service. • Provide model names and information necessary to allow correct equipment to be purchased. • Provide the name and full contact information of the individual authorized to receipt for equipment on the form provided by the Texas Engineering Extension Service • Provide the name and full contact information for the jurisdiction financial point of contact on the form provided by the Texas Engineering Extension Service. • Accept transfer of title for equipmer received. • Provide an inventory every two years of any items received with a unit cost greater than $15,000 to the Texas Engineering Extension Service. • Provide copies of documentation showing receipt of items to the Texas Engineering Extension Service. ,RECEIVED S E P 17 2002 Page 1 of 2 ALTERNATIVE DISPUTE RESOLUTION: The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by the Texas Engineering Extension Service (hereinafter "TEEX") and the contractor to attempt to resolve any claim for breach of contract made by the contractor: if applicable A. A contractor's claim for breach of this contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Government Code. To initiate the process, the contractor shall submit written notice, as required by subchapter B, to Arturo Alonzo, TEEX Deputy Director. Said notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked: A copy of the notice shall also be given to all other representatives of TEEX and the contractor otherwise entitled to notice under the parties' contract. Compliance by the contractor with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code. B. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the contractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by TEEX if the parties are unable to resolve their disputes under subparagraph (A) of this paragraph. C. Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by TEEX nor any other conduct of any representative of TEEX relating to the contract shall be considered a waiver of sovereign immunity to suit. D. The submission, processing and resolution of the contractor's claim is governed by the published rules adopted by the Office of Attorney General of Texas pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. These rules. are found at 1 T.A.C. Chapter 68. E. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the contractor, in whole or in part. F. The designated individual responsible on behalf of TEEX for examining any claim or counterclaim and : conducting any negotiations related thereto as required under §2260.052 of H.B. 826 of the 76th Texas Legislature shall be Arturo Alonzo, TEEX Deputy Director. GOVERNING LAW: The terms and conditions of this MOU and performance hereunder shall be construed in accordance with the laws of the State of Texas. THE UNDERSIGNED PARTIES BIND THEMSELVES TO THE FAITHFUL PERFORMANCE OF THIS MOIL. TEXAS ENGINEERING EXTENSION SERVICE Signed: CUsfoM CITY OF L BOC !_ Signe WINDY T ON, MAYOR ATTEST: .1Qj -Le Rebecca Garza, City Secre ary Approve¢ as to for Page 2 of 2 Attorney .j Date: !syL Date:February 28, 2002 APPROV AS TO CONTENT: Ken Olson, Emergency Managemen Coordinator IW3F,r OFFICE OF THE DIRECTOR Twins Enginuring Extension Service john B. Connally Building 301 Tarrow - College Station, Tema 77840-7896 979-458-6800 fa= 979-458-6810 http://teccweb.tamu.edu Resolution No. 2002 R0074 November 20,2001 The Honorable Windy Sitton PO Box 2000 Lubbock, TX 79457-2000 Dear Mayor Sitton: I am pleased to inform you that the City of Lubbock has been awarded a Domestic Preparedness Equipment Grant projected at $273,163. The grant amount. is based upon the assessment you provided to the Texas Engineering Extension Service (TEEX). The projected funding for your jurisdiction is contingent upon approval from the Department of Justice. The enclosed packet contains an equipment list, plus instructions on making your final equipment selections and completing the grant application process. Please complete the packet and return it by December 7, 2001. All grant recipients must return their packet before we can forward the final grant application to the Department of Justice (DOJ) for approval. Your equipment list contains needed items, minus items not allowed under the current grant program, or items with a unit cost of over $50,000. We realize that items not allowed under the current grant are important for your emergency response. Our recommendations to DOJ ask them to include: thermal imaging, acoustic detectors, a broader range of detection and communication equipment, search and rescue equipment, and transportation and storage capability in future grants. The $50,000 limit is consistent with our strategy of enhancing Weapons of Mass Destruction response for as many jurisdictions as possible. After DOJ approves the release of funds, TEEX will centrally purchase the equipment and have it shipped to your jurisdiction. Your point of contact at TEEX is Charles Todd, (979) 458-6815. Please do not hesitate to call if you need any assistance. or clarification. A copy of this correspondence has been sent to Mr. Ken Olson. Thank you for completing the assessment and for taking an active role in your community's emergency preparedness. Sincerely, G. Kemble Bennett, Ph.D. Director, Texas Engineering Extension Service Encl.