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HomeMy WebLinkAboutResolution - 2021-R0032 - Vector Control Service Agreement with Lubbock CountyResolution No. 2021-R0032 Item No. 6.6 January 26, 2021 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 behalf of the City of Lubbock, a Vector Control Service Agreement, by and between the City Lubbock and Lubbock County, Texas, and related documents. Said Agreement is attached her( and incorporated in this resolution as if fully set forth herein and shall be included in the mina ofthe City Council. Passed by the City Council on nrr ar: Rebecca Gm'va. City Secretary January 26, 2021 DANIEL M. POPE, MAYOR APPROV AS TO CONTENT: Katherine Wells, MPH, Director of Public Health APPROVED AS TO FORM: Al - Ryan rooke, Assistant City Attorney RESNector Control Service Agreement 11.11.20 Resolution No. 2021-R0032 City of Lubbock, TX Vector Control Vector Control Service Agreement STATE OF TEXAS § COUNTY OF LUBBOCK § This Interlocal Agreement entered into between Lubbock County, acting by and through its duly authorized County Commissioners Court, hereinafter called "County", and the City of Lubbock, acting by and through its duly authorized Mayor, hereinafter called, "City". WHEREAS, Lubbock County has determined that a need exists for vector control services in Lubbock County outside the city limits of the City of Lubbock; and WHEREAS, the City of Lubbock agrees to furnish such services; and NOW THEREFORE, the parties mutually agree as follows: 1. The City agrees to provide vector control services for the entire area of Lubbock County lying outside the city limits of the City of Lubbock, including incorporated areas within the county. The City will provide weekly reports to the County to inform of sprayed locations. 2. The City in providing this service shall pay all necessary expenses of the personnel involved in this service, including salaries, administration expense, fringe benefits, transportation vehicles, supplies, and maintenance and operation of transportation vehicles. 3. The term of this Agreement shall be from October 1, 2020, (the Effective Date), through September 30, 2021. 4. The County hereby agrees and obligates itself to pay to the City for this service a one time, lump sum amount of One Hundred Forty Seven Thousand Nine Hundred and Four and no/100 dollars ($147,904), said amount to be paid no later than thirty (30) days after execution of this agreement by both parties. It is further understood and agreed that in the event additional mosquito applications are necessary, due to heavier than normal rain or a mosquito borne disease outbreak, the County shall pay the direct cost for such additional applications beyond six per year. Detailed costs of this program are shown in the estimated cost exhibit attached hereto as Exhibit A. which exhibit is incorporated herein by reference. 5. The County agrees that all payments to this Agreement must be made from current revenues available to the County pursuant to Section 791.0111 of the Texas Government Code. 6. The City, and its respective officers, employees, elected officials and agents, shall not be liable, and the County hereby releases the City, and its respective officers, employees, elected officials and agents, for, from and/or against any losses, damages, claims or liabilities to company, on any theory of legal liability, including, but not limited to the negligence, of any type of degree, or fault, of the City, arising from or related to, in any way, manner of form, the unenforceability or voidance, for any reason, of all or any part of this agreement. This release shall survive the termination or voidance of this Agreement. 7. Any notice, demand, request, approval, or other communication (a "notice") which, under the terms of this Agreement or by law, must or may be given by either party, must be in writing, and must be given by personally delivering, by electronic mail, or mailing the same by certified mail, return receipt requested, to the respective parties as follows: City: City Secretary City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 BGarza@mylubbock.us County: Curtis Parrish (or his successor) Lubbock County Judge 904 Broadway, Suite 101 Lubbock, Texas 79401 cparrish@lubbockcounty.gov 8. The parties hereto find that (a) the services performed by each of them are necessary and authorized for activities that are properly within their statutory functions and programs; (b) they have the authority to contract for the services; (c) they have all necessary power and have received all necessary approvals to execute and deliver this Agreement; and (d) the representatives signing this agreement on their behalf have authority from their respective governing bodies to sign this Agreement. 9. The benefits of this Agreement are intended to inure solely to the City and the County. Accordingly, the parties do not intend any persons who are not named in this paragraph to have authority to enforce any provision of this Agreement. 10. This Agreement is not intended to create and does not create a partnership or joint venture between the parties. 11. The construction, interpretation, and performance of this Agreement and all transactions under it shall be governed by the domestic laws of the State of Texas and any suit regarding this Agreement must be filed in the District Courts of Lubbock County, Texas. 12. If any provision hereof or the application thereof to any person or circumstance is held to any extent, to be void, invalid or unenforceable, the remainder of this Agreement, and the application of such provision to other persons or circumstances, shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 13. The Agreement may be terminated by either party upon thirty (30) days written notice to the other party. Written notice must be sent by certified mail, return receipt requested, or by electronic mail, and the thirty (30) days will be calculated from the date the notice is sent. 14. This agreement embodies the entire Agreement between the parties hereto relative to the subject matter hereof. The City or the County may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by an authorized representative of both organizations and approved by both governing bodies. Executed this 26th day of January,2021 -MM- COMMISSIONER'S COURT OF LUBBOCK COUNTY, TEXAS: C—u is Parrish, Colrnty Judge l 2-14-2UZo ATTEST: Kelly P1'hionj County Clerk AS TO FORM: Civil [ Attorney Vector Control Services Agrmt Lubbock Co. 10.20.2020 CITY OF BOCK: Daniel M. Pope, MAYOR TEST: ivy R ecca Garza, City Secretary MD AS TO CONTENT: Katherine Wells Director of Public Health APPROVED AS T FORM: r rooke As stant City Attorney EXHIBIT A Mosquito Control Service Agreement — FY20-21 Compensation for 5 Vector Control Workers, 1 Coordinator and 1 part- time Entomologist: $195,618 x 40% $781,247 Benefits (Medical Only) - $49,928 x 40% $193,971 Supplies -Pesticides and Fuel - $58,080 + $9,832 = $67,912 x 40% $27,165 Maintenance - $21,135 x 40% $8,454 IT Services - $25,168 x 40% $10,067 Contracted Medical Entomologist - $10,000 x 40% $4,000 Total $1475904