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Home My WebLink AboutResolution - 2017-R0011 - Memo Of Understanding With TTUHSC - Lubbock Immunization Coalition - 01/12/2017Resolution No.2017-R0011 Item No.6.14 January 12,2017 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 ("MOU")by and between the City of Lubbock and Texas Tech University Health Science Center regarding the Lubbock Immunization Coalition and related documents.Said MOU is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed bythe City Council on January 12,2017 . DANIEL M.POPE,MAYOR ATTEST: db&tu.<. Rebdcca Garza, City Secreta APPROVED AS TO CONTENT: x 1 Katherine Wells,Director of Public Health APPROVED AS TO FORM: ,Assistant City Attorney ccdocs/RES.MOU-TTUHSC Immunization Coalition 12.8.16 Resolution No. 2017-R0011 City of Lubbock CON1637901 Memorandum of Understanding Lubbock Immunization Coalition This Memorandum of Understanding ("MOU") is between the City of Lubbock (hereinafter "the City"), on behalf of its Health Department, and Texas Tech University Health Sciences Center (hereinafter "TTUHSC"), on behalf of its Graduate School of Biomedical Sciences' Department of Public Health. Both the City and TTUHSC are also referred to herein as "Party," or collectively as "Parties." Parties The Receiving Party: The receiving party is the City of Lubbock, Texas, 1625 13th Street, PO Box 2000, Lubbock, Texas 79457-2000 and any and all legal notices related to this MOU to the City of Lubbock shall be sent to the City Secretary at that address. The Parties acknowledge and affirm that no department of the City of Lubbock has the legal authority to enter into any contract of any type or nature in the name of the department or to accept any legal notice on behalf of the City of Lubbock. The Performing Party: The performing party is TTUHSC, 3601 4t' Street, MS 9430, Lubbock, TX 79424 and any and all legal notices related to this MOU to TTUHSC shall be sent to the Department of Public Health Director at that address. The Parties acknowledge and affirm that no department of TTUHSC has the legal authority to enter into any contract of any type or nature in the name of the department or to accept any legal notice on behalf of TTUHSC. Term This MOU will commence upon its execution by the City and TTUHSC and shall continue for a period of twelve (12) months. This MOU may be extended for successive twelve (12) month terms by written agreement of the Parties. This MOU may be terminated by any Party upon 30 days written notice to the other Party. Scope of Services The City, through its Lubbock Immunization Coalition ("Coalition"), desires to promote the importance of immunizations and to develop strategies and methods for increasing vaccination coverage. The City of Lubbock Director of Public Health, or designee, shall act as the Lubbock Immunization Coalition Coordinator and Facilitator to lead coalition collaboration building within the City's jurisdiction. Coalition members shall attend Coalition meetings and provide input and feedback. The City shall develop, lead, direct, and host no less that one meeting per quarter with Coalition members during the contract term. TTUHSC, through its Department of Public Health's Director, may encourage attendance and participation from TTUHSC faculty and/or staff in these meetings as Coalition members. The City shall attend all Texas Immunization Stakeholder Working Group meetings held throughout the contract term, and shall make a report to the Coalition on the actions taken during these meetings. The City of Lubbock shall attend and participate in required coalition development and capacity building trainings sponsored by DSHS, and shall make a report to the Coalition on the actions taken during these training meetings. .."06uiiHiiiii�iiuiuuum�iui�uiii�iiiuniiii1111111111111111111111111111111111111111111111111111111i°".� City of Lubbock CON1637901 The City shall develop a Planning Group with the goal of establishing a sustainable mechanism for the coalition at the local level. TTUHSC, through its Department of Public Health's Director, will designate a representative to serve as a member of the Planning Group. Funding In consideration of the services and agreements herein, no set payments or funding are expected between the Parties. The Parties agree that if the City of Lubbock fails to budget sufficient funds to support the Coalition under this MOU, then this MOU shall terminate the Parties shall have no further obligation to any other Party. Venue and Applicable Law This MOU 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 MOU 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. Rights and Remedies Reserved Each Party 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 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 MOU, the former shall control. Public Information This MOU 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 seg., as amended (the "Texas Public Information Act") the same shall be of no force and effect. No Personal Liability Nothing in this MOU 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 MOU. No Joint Enterprise This MOU is not intended to, and shall not be construed to create any joint enterprise between or among the Parties. No Indemnification by either Party 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 2016-12-06 Page 2 of 3 TTMSC 111111111111111111111111111111111111111111111111111 IN I 1111111111111111111111111111111111111111111111 IT IN [***CON1637901 '13*096353775919116324547253048630492028939776189977*2*3***1 PoweredbyASC City of Lubbock CON1637901 require indemnification by the City is invalid. In addition, TTUHSC, as a state of Texas institution of higher education has no authority under the Texas Constitution to indemnify and/or hold harmless any third party and any provision which purports to require indemnification by the TTUHSC is invalid. 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 AND TTUHSC RETAIN ALL GOVERNMENTAL IMMUNITIES. AGREED: FOR THE CITY OF LUBBOCK, TEXAS: G-t-j Daniel M. Pope, Mayor Date: January 121 2-017 FOR TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER: Elmo Cavin (Dec 6, 2016) Elmo Cavin, Executive Vice President for Finance and Administration Date: Dec 6, 2016 AS TO CONTENT The person signing on behalf of TTUHSC represents and warrants that he/she has sufficient IVED �, authority to bind the vendor and enter into this Katherine Wells, MOU. Director of Public Health APPROVED AS TO FORM: R n rook , Assi ant City Attorney ","imuumuiiuiiiiuiiiuuuiiimuiuiiiiiiiiuii'°uiiiiiuiiuiiuiuuuiuiuiuiiiu�iimiiuiuiiTTUHSC