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Home My WebLink AboutRES 15-056RESOLUTION NO. 15-056 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Memorandum of Understanding between the City of Beaumont and the City of Houston, though Houston Department of Health and Human Services (HDHHS), for data sharing of Pulsed -Field Gel Electrophoresis (PFGE) Database to enable local health departments in Southeast Texas to share information about patterns and risk -exposures of food borne illnesses in times of outbreaks. The Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of March, 2015. MEMORANDUM OF UNDERSTANDING FOR DATA ;SITARING RETW EN CTTV OF BEA.t: MC3NT AND ME CITY C1;?{ HOUSTON, TEE -AS This Memorandum of i✓ lnderstandi.rrg (MOU) For Data Sha -ring of Pulsed -Field Gel "Jectrophores is (PFC—E) Database is made between. City of Beaumont on behalf' of the. Bc�aim�ont Public .Health Depai-irnent (1 IM), and the City of Hkonston, Tcxas ("the City"), a_ .home -rule city of the Staic of '1'exa.s, acting by and through its Houston Department of Health and Ilurnan Services ("E✓IDITI-IS"}- Purpose: ]'he goal of this MOU is to enable the City and Local health Departments in Southeast Tex.as tc share Pulsed -field Gel Hlectrophoresis (PFGE) patterns and risk exposur„ mforrxration regarding multi -Jurisdictional cases in PFG1 clusters for the detection and mitigation of bacteria outbreaks, including but not iimited to, Salmonella, Shigella, Shiga Toxin E coli acrd Listeria, i'he parties shalL i. Work with each other to resolve issues relaters to the PFGF. database. 2.. Adhere to confidentiality and security standards for infectious diseases in accordance with applicable local, state and federal laws and regulations. I,urtherrnore, in consideration of the premises and mutual covenants lrercin contained and other good and valuable consideration, the parties agree as follows: SERVICES TO BE PROVIDED BV 14))I-fHS: I-11)IJI•lS is required to: 1) Identify cases of Salmonella, Shigella, Shiga Toxin J--" coli acrd Listeria that are in local PFGF clusters and PulseNct PPGE clusters and share information with 1,141) as well as other Lf Ms in Souf,,cast Texas, i) Allow L HD to have access to regional PFG} database via a secure portal to ewer exposure and other pertimmf.. information. HDHHS will provide to L11D regional PFGE database based on a questionnairc desipied to ca}�tur.. data cls mcnts frons NDIT�(�3.S' multipage standard salmonellosis interview fcrn-r. G C( -N J'RAC N -PN O0�i 1 1 1 cmpla[c M{)l'_PFGI{ Baclem Database 1 EXHIBIT "A" :)f 1?!2Utc 4) HDHHS will provide a means to expert data for cases in PT'GE clusters ti-om the regional PFGI' database into an L.xcel spreadsheet to be utilized by any L,HD to analyze the PFG1? cluster. S) HDHHS will provide training, through a teleconference or in-house training, necessary to enable LH J to access the data and to enter data into the database. The frequency of' these trainings will be determined based on needs. B. SERVICES TO BE PROVIDED 13V LHD; I} Enter data obtained from interviewing Solmnella cases in [.HD's jurisdiction casts in PI -GE clusters by filling out IIDITHS' rnultipagc standard interview form which will go into: the regional PFGI; database. 2) Analyze PFGE clusters, If DID has the highest numb,a- of cases in a Pl°GE cluster, then DID will take leadership of the cluster investigation or make other airwigements by consensus. C. TFR% OF 1140U This MOU shall be effective from the date Of' Countersignature by th; City Controller herein and shall remain in full force and effect until terminated by either party as provided in the Termination Section of this N401U. D. TERMINATION 'llils MOLT may be terminated at any tinne by either party upon www -day written notice of tertnination to the other pasty. All notices to either Party to the MOU must be in writing and must be, delivered by hand, facsimile; United States registered or certified snail, retuna receipt requested, United States l xpr(as Mail, Federal Express, Airborne Express, UPS or any other national overnight express delivery service. The notice must be addressed to the Party to whom the notice is given at its address given, for notices or other address the receiving; Party has designated previously by proper notice to the sending; Party. Postage: or dtlivery charges must be paid by the Patty giving the notice. To IJID: Beaumont Pu )lic Health Depart:mcnt PO Box 3827 Beaumont, Trr 77704-3827 Attention: Sherry Ulmer, RN. Director G:',U)N`IKACT1LW20.iIi "Femp;atcvf011 Pi'(;; (3TctcriaF)auhasc I. D FILL 1y0 (39150001600] 2 l,n Cl : Houston Department of Health and Hurnalt Seri ices 8000 N. Stadium Drive 1-3ouston, Texas 770 54-1823 Attention: Director F NO ff�f6ONAL LIABILITY AND 1'10 `THIRD PAI2` W BENlj.tilC.tARY Nothing in dais 1v40U may be construeu as creating any personal liability on the pari of wiy off ler, director, employee or agMt of any public body that nnay be a l'ai'ty to this MOU and '.he Parties expressly agree that the execution of this MOU Moes not create any .aersonal liability on the part of any officer, director, employee or agent of Cit),, or 1.14D. ' either IJID nor City waive or relinquish any govemmental inrsnunities or defenses on behalf o' ii and its tri.istees, officers, employees, or agents as a ;result of the. execution of this MOU and performance of the fintctions or obligations described herein. Nothing; herein; shall be construed as creating any personal liability or, the part of any ofticftr, director, en-rployee orrepresentative of I,HD or- City. These provisions are solely for the benefit of the Parties hereto and not for the benefit of arty person or entity not a party to this MOU_ No provisions shall be deemed a yvaiver of any defenses available by law. GOVERNING LAW AND VENUF. This MOU is governed' in all respects by the laws and Constitution of the State of Texas. k-xclusive venue is in Harris County, Texas. I -I, RELATIONSHIP OFTHE HE PARTIES This MOU is not intended to and shall not create a partnership, joint venturo or joint enterhrisc among the Parties. It is understood and agreed by tile- Parties that the personnel of one Party shall not be considered employees, agents, partners, joirkt venturers, or servants of an ,� other Party to this MOU. The Parties are undertaking gover1nnell tal funcrio,is or services under this MOU and the l:rurl)ose hereof is solely to further the public good, rather than any pecuniary purpose. The Party undertaking work vild.cr this MOU shall control the - dirr�ction, details and management of such work. CUMPLIANCE WITH OTHER LAWS The Panics shalt oi�serve and comply Nvith all federal, state, and local nrles, ordinances. and regulations in any manner affecting the conduct of' the serviccs herein provided and l.-,ef f«rma-lice of all obligations undertaken by this IMOU. ('ON IRA( 1_,i PN`a03I ] Template MOU_PFCiF: Racicria Database ,'}3,2D15 L C�. jl[ _F ? O b3R1500016001 3 J. T UMIT OF APPROMATI€ N. The City has not appropriated any funds to pay for services under this tv1OU and has no obligation to make tray payments hercundler. K. SIGNATURES TN M'ITNESS WHEREOF, the pay -tics have caused this MOU to be diziy exccutecl by their authorized representatives herein. WITNL-SS/SEAT,: ATTEST!SEAL: City Scorefary APPROVED - Director, Uouston Department of' I ealth b Human Se --ices 1' PPROVED A.S TO FORM Sr. Assistant City Attorney L.D. File No. (i•C'OK 1 AC311.P 0031 1 ieaipIPie 1,601, �_PFG, E Bacteria Dmbase ( D 1=11.1:';O. t)3Fi500016DO) m Cid, of Reatrr-rraxit By: _— Nallie. Title: CITY OF I- OUSTON, TEXAS Signcd by,- Mayor y: Mayor COUNTERSIGNIED BY: City Controller DATL C;OUNTERS.IGNED: 2,'l 3"' (115,