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Ordinance No. 15,370 ORDINANCE NO. 15,370 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE WASTEWATER EPIDEMIOLOGY SURVEILLANCE AND TESTING (WEST) PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute an Interlocal Agreement with Harris County for the Wastewater Epidemiology Surveillance and Testing(WEST)Program. A copy of said agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the Cit Council of the City of Baytown this the 9"day of February, 202 . NDON CAPETILLO,Mayor ATTEST: moo Nvrow ° % a n ANGELA ACKSON, C prk �\. o Co F OF APPROVED A -TO ORM: aS41A)Ni�,�—Cliltvy Attorney R:Karen Anderson ORDINANCES\2023\2023.02.09UnterlocalwithHarrisCounty-WESTProgram.docx EXHIBIT "A" INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN THE STATE OF TEXAS § COUNTY OF HARRIS § THIS INTERLOCAL AGREEMENT(the"Agreement")is entered into upon signature by all parties ("Effective Date")by and between Harris County,Texas("County"), a body corporate and politic under the laws of the State of Texas, by and through Harris County Public Health and the City of Baytown, Texas ("City"), pursuant to the Interlocal Cooperation Act, Tex. Gov't Code Ann. §791.001 et seq.County and City are referred to herein collectively as the"Parties"and individually as a"Party." RECITALS: WHEREAS, County has developed a wastewater epidemiology surveillance and testing ("WEST") program; WHEREAS, City desires to use County's WEST program to gain valuable insight into epidemiological trends in its jurisdiction; WHEREAS, Parties desire to exchange wastewater surveillance data to enhance their understanding of epidemiological trends in the area and to use the data as an indicator to monitor disease outbreaks; and WHEREAS, Parties find that collaborating will primarily serve a public purpose. NOW, THEREFORE, the Parties, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: TERMS: ARTICLE I. PURPOSE The purpose of this Agreement is to describe each Party's role for the coordination of wastewater testing, analysis, and subsequent exchange of information between the Parties through the WEST program, a program developed by Ilarris County Public Health designed to test and analyze wastewater data. This data will be shared between the Parties, and the Parties will use the information to efficiently allocate resources and coordinate outreach to improve the health of residents and to mitigate future disease surges.The specific Scope of Work for this project is found in Attachment A, attached hereto and incorporated herein by reference. 1 ARTICLE II. CITY DUTIES During the term of this Agreement, the City agrees to: A. Allow the County to access its wastewater facilities and collect influent wastewater samples(the "Samples"). B. Appoint a point of contact for County to coordinate site visits in order to collect Samples at regular intervals,but not less than once per week. C. Secure, store, and use the data elements listed in Attachment A (the "Data") in a manner that complies with federal, state, and local law. ARTICLE III. COUNTY DUTIES During the term of this Agreement, the County agrees to: A. Collect Samples from City wastewater facilities at regular intervals. B. Test Samples using its wastewater testing program. C. Provide the Data to City at regular intervals. D. Promptly inform City if there is an expected or ongoing outage to the data receiving process. ARTICLE IV. TERM AND TERMINATION The term of this Agreement commences on the Effective Date and lasts until December 31, 2023 ("Initial Term"). This Agreement will automatically renew on the same terms and conditions for four additional one-year terms (each a"Renewal Term")unless it is terminated by either Party by giving the other Party prior written notice of its intention to terminate not less than ninety (90) days prior to the expiration of the term of this Agreement. ARTICLE V. LIMIT OF APPROPRIATION A. It is agreed that the Parties will not charge a fee for any information disclosed pursuant to this Agreement. B. Each Party is responsible for its costs for performance under this Agreement. C. Nothing in this Agreement will be construed as obligating a Party to expend funds or to provide resources or be involved in any obligation for future payment of money or provision of resources. D. Any funds appropriated under this Agreement will be from current revenue. 2 ARTICLE VI.NOTICE All notices and communications permitted or required under this Agreement are to be mailed by United States Postal Service, certified mail, return-receipt requested, to the following addresses: FOR HARRIS COUNTY: All notices and communications must be mailed as follows: FOR THE COUNTY: 1111 Fannin Street Houston, TX 77002 Attention: Executive Director FOR THE CITY: 1601 W Main St Baytown, TX 77520 Attn: LaTia Jutan These addresses may be changed upon giving prior written notice to the other Party. All mailed notices and communications are deemed given and complete upon depositing them in the United States Mail. ARTICLE VII. GENERAL PROVISIONS A. Amendment. This Agreement may be amended only by an instrument in writing that is signed by the Parties. Amendments will be effective on the date stipulated therein. B. Change in Law. If federal or state laws or regulations or other federal or state requirements are amended or judicially interpreted so that a Party cannot reasonably fulfill this Agreement, and if the Parties cannot agree to an amendment that would enable substantial continuation of this Agreement,the Parties will be discharged from any further obligations under this Agreement upon ten(10) business days' written notice. C. Counterparts. This Agreement may be executed in one or more counterparts,each of which is deemed an original and all of which together constitute one and the same agreement. D. Inte rag tion. This Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous, oral or written, understandings between the Parties with respect to the subject matter hereof. E. News Releases or Pronouncements. News releases and publications pertaining to this Agreement that are made by a Party must be approved in writing by all Parties prior to public dissemination. F. No Implied Authority. Any authority delegated to one Party by another Party is limited to the terms of this Agreement. No Party shall rely upon implied authority, and specifically, there is no delegated authority under this Agreement to: 3 a. Make public policy; b. Promulgate, amend, or disregard any Party's programs or policies; or c. Unilaterally communicate or negotiate, on behalf of the other Party, with any member of the U.S. Congress or any member of its staff, any member of the Texas Legislature or any member of its staff, or any federal or state agency. G. NO WAIVER OF SOVEREIGN IMMUNITY. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS AGREEMENT IS AN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY THE PARTIES OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT THEY MAY HAVE BY OPERATION OF LAW. H. Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable: a. such provision will be severed from this Agreement; b. the validity, legality, and enforceability of the remaining provisions of this Agreement will not be affected or impaired in any way; and c. the Parties shall negotiate in good faith in an attempt to agree to a substitute provision that is valid, legal, and enforceable and which carries out the Parties' intentions to the greatest lawful extent under this Agreement. I. Survivability. The termination of this Agreement for any reason will not release any Party from its obligations to comply with federal and state laws regarding the use and disclosure of the information exchanged under this Agreement. J. No Intended Third-Party Beneficiaries. Nothing contained in this Agreement is intended nor will it be construed to create rights running to the benefit of third parties, unless otherwise expressly provided in this Agreement. [EXECUTION PAGE FOLLOWS] 4 CITY OF BAYTOWN HARRIS COUNTY By: By:._ Name: Lina Hidalgo Title: County Judge Date: Date: Approved: By: Barbie L. Robinson, MPP, JD, CHC Executive Director Harris County Public Health APPROVED AS TO FORM: CHRISTIAN D. MENEFEE COUNTY ATTORNEY By: An Le Assistant County Attorney C.A. File No.: 23GEN0125 5 ATTACHMENT A Scope of Work Wastewater surveillance provides early detection of emerging diseases to improve public health interventions. When combined with other surveillance data including clinical cases, hospital bed utilization,and laboratory testing,wastewater surveillance data can give a broader scope of disease surveillance to public health departments. Considering the geographical size, population density, and diversity of Harris County, consistent sampling of wastewater for SARS-CoV-2 and potentially other types of pathogens or markers would provide invaluable insights into the health of the community. Led by local public health departments, wastewater surveillance operations must be conducted in collaboration with area wastewater treatment plants. Wastewater surveillance has proven to be a reliable method of passive monitoring for the presence of viral or bacterial caseloads of pathogens in the wastewater influent, shed by infected individuals. Wastewater monitoring serves to estimate disease burden at a community level, providing data that signifies areas that are most at risk and need increased testing/vaccinations. Wastewater surveillance provides a more equitable approach to obtaining positivity rates in underserved communities, including the hispanic and black communities, disproportionally affected by COVID-19 and other emerging diseases. Each Party will foster a collaborative research relationship with the other that is focus on development of wastewater epidemiology and testing initiative. 6 ORDER OF COMMISSIONERS COURT The Commissioners Court of Harris County, Texas, met in regular session at its regular term at the Harris County Administration Building in the County of I Iouston,Texas, on with all members present except A quorum was present. Among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN TO EXCHANGE WASTEWATER SURVEILLANCE DATA AND ALL RELATED APPURTENANCES Commissioner introduced an order and moved that Commissioners Court adopt the order. Commissioner seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain Judge Lina Hidalgo ❑ ❑ 0 Comm. Rodney Ellis 0 ❑ ❑ Comm. Adrian Garcia ❑ ❑ ❑ Comm. Tom S. Ramsey, P.E. ❑ 0 ❑ Comm. Lesley Briones ❑ ❑ ❑ The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: IT IS ORDERED THAT: I. The Harris County Judge is authorized to execute on behalf of I larris County the attached Interlocal Agreement between Harris County and City of Baytown to exchange wastewater surveillance data and all related appurtenances. 2. All Harris County officials and employees are authorized to do any and all things necessary or convenient to accomplish the purposes of this order. 7 INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN THE STATE OF TEXAS § COUNTY OF HARRIS § THIS INTERLOCAL AGREEMENT(the"Agreement")is entered into upon signature by all parties ("Effective Date")by and between Harris County,Texas("County"), a body corporate and politic under the laws of the State of Texas, by and through Harris County Public Health and the City of Baytown, Texas ("City"), pursuant to the Intcrlocal Cooperation Act, Tex. Gov't Code Ann. §791.001 et seq. County and City are referred to herein collectively as the"Parties"and individually as a"Party." RECITALS: WHEREAS, County has developed a wastewater epidemiology surveillance and testing ("WEST") program; WHEREAS, City desires to use County's WEST program to gain valuable insight into epidemiological trends in its jurisdiction; WHEREAS, Parties desire to exchange wastewater surveillance data to enhance their understanding of epidemiological trends in the area and to use the data as an indicator to monitor disease outbreaks; and WHEREAS, Parties find that collaborating will primarily serve a public purpose. NOW, THEREFORE, the Parties, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: TERMS: ARTICLE I. PURPOSE The purpose of this Agreement is to describe each Parry's role for the coordination of wastewater testing, analysis, and subsequent exchange of information between the Parties through the WEST program, a program developed by Harris County Public Health designed to test and analyze wastewater data. This data will be shared between the Parties, and the Parties will use the information to efficiently allocate resources and coordinate outreach to improve the health of residents and to mitigate future disease surges.The specific Scope of Work for this project is found in Attachment A, attached hereto and incorporated herein by reference. 1 ARTICLE II. CITY DUTIES During the term of this Agreement, the City agrees to: A. Allow the County to access its wastewater facilities and collect influent wastewater samples (the "Samples"). B. Appoint a point of contact for County to coordinate site visits in order to collect Samples at regular intervals, but not less than once per week. C. Secure, store, and use the data elements listed in Attachment A (the "Data") in a manner that complies with federal, state, and local law. ARTICLE III. COUNTY DUTIES During the term of this Agreement, the County agrees to: A. Collect Samples from City wastewater facilities at regular intervals. B. Test Samples using its wastewater testing program. C. Provide the Data to City at regular intervals. D. Promptly inform City if there is an expected or ongoing outage to the data receiving process. ARTICLE IV. TERM AND TERMINATION The term of this Agreement commences on the Effective Date and lasts until December 31, 2023 ("Initial Term"). This Agreement will automatically renew on the same terms and conditions for four additional one-year terms (each a"Renewal Term")unless it is terminated by either Party by giving the other Party prior written notice of its intention to terminate not less than ninety (90) days prior to the expiration of the term of this Agreement. ARTICLE V. LIMIT OF APPROPRIATION A. It is agreed that the Parties will not charge a fee for any information disclosed pursuant to this Agreement. B. Each Party is responsible for its costs for performance under this Agreement. C. Nothing in this Agreement will be construed as obligating a Party to expend funds or to provide resources or be involved in any obligation for future payment of money or provision of resources. D. Any funds appropriated under this Agreement will be from current revenue. 2 ARTICLE VI. NOTICE All notices and communications permitted or required under this Agreement are to be mailed by United States Postal Service, certified mail, return-receipt requested, to the following addresses: FOR HARRIS COUNTY: All notices and communications must be mailed as follows: FOR THE COUNTY: 1111 Fannin Street Houston, TX 77002 Attention: Executive Director FOR THE CITY: 1601 W Main St Baytown, TX 77520 Attn: LaTia Jutan These addresses may be changed upon giving prior written notice to the other Party. All mailed notices and communications are deemed given and complete upon depositing them in the United States Mail. ARTICLE VII. GENERAL PROVISIONS A. Amendment. This Agreement may be amended only by an instrument in writing that is signed by the Parties. Amendments will be effective on the date stipulated therein. B. Change in Law. If federal or state laws or regulations or other federal or state requirements are amended or judicially interpreted so that a Party cannot reasonably fulfill this Agreement, and if the Parties cannot agree to an amendment that would enable substantial continuation of this Agreement,the Parties will be discharged from any further obligations under this Agreement upon ten (10) business days' written notice. C. Counterparts. This Agreement may be executed in one or more counterparts,each of which is deemed an original and all of which together constitute one and the same agreement. D. Integration. This Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous, oral or written, understandings between the Parties with respect to the subject matter hereof. E. News Releases or Pronouncements. News releases and publications pertaining to this Agreement that are made by a Party must be approved in writing by all Parties prior to public dissemination. F. No Implied Authority. Any authority delegated to one Party by another Party is limited to the terms of this Agreement. No Party shall rely upon implied authority, and specifically, there is no delegated authority under this Agreement to: 3 a. Make public policy; b. Promulgate, amend, or disregard any Party's programs or policies; or c. Unilaterally communicate or negotiate, on behalf of the other Party, with any member of the U.S. Congress or any member of its staff, any member of the Texas Legislature or any member of its staff, or any federal or state agency. G. NO WAIVER OF SOVEREIGN IMMUNITY. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS AGREEMENT IS AN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY THE PARTIES OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT THEY MAY HAVE BY OPERATION OF LAW. H. Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable: a. such provision will be severed from this Agreement; b. the validity, legality, and enforceability of the remaining provisions of this Agreement will not be affected or impaired in any way; and c. the Parties shall negotiate in good faith in an attempt to agree to a substitute provision that is valid, legal, and enforceable and which carries out the Parties' intentions to the greatest lawful extent under this Agreement. I. Survivability. The termination of this Agreement for any reason will not release any Party from its obligations to comply with federal and state laws regarding the use and disclosure of the information exchanged under this Agreement. J. No Intended Third-Party Beneficiaries. Nothing contained in this Agreement is intended nor will it be construed to create rights running to the benefit of third parties, unless otherwise expressly provided in this Agreement. [EXECUTION PAGE FOLLOWS] 4 CITY OF BA/Y�TOWN HARRIS COUNTY B C By: _ oo Name: y Lina Hidalgo Title: L 14 County Judge m y, Date: ltS Date: Approved: By: Barbie L. Robinson, MPP, JD, CHC Executive Director Harris County Public Health APPROVED AS TO FORM: CHRISTIAN D. MENEFEE COUNTY ATTORNEY By: An Le Assistant County Attorney C.A. File No.: 23GEN0125 5 ATTACHMENT A Scope of Work Wastewater surveillance provides early detection of emerging diseases to improve public health interventions. When combined with other surveillance data including clinical cases, hospital bed utilization,and laboratory testing,wastewater surveillance data can give a broader scope of disease surveillance to public health departments. Considering the geographical size, population density, and diversity of Harris County, consistent sampling of wastewater for SARS-CoV-2 and potentially other types of pathogens or markers would provide invaluable insights into the health of the community. Led by local public health departments, wastewater surveillance operations must be conducted in collaboration with area wastewater treatment plants. Wastewater surveillance has proven to be a reliable method of passive monitoring for the presence of viral or bacterial caseloads of pathogens in the wastewater influent, shed by infected individuals. Wastewater monitoring serves to estimate disease burden at a community level, providing data that signifies areas that are most at risk and need increased testing/vaccinations. Wastewater surveillance provides a more equitable approach to obtaining positivity rates in underserved communities, including the hispanic and black communities, disproportionally affected by COVID-19 and other emerging diseases. Each Party will foster a collaborative research relationship with the other that is focus on development of wastewater epidemiology and testing initiative. 6 ORDER OF COMMISSIONERS COURT The Commissioners Court of Harris County, Texas, met in regular session at its regular term at the Harris County Administration Building in the County of Houston, Texas, on , with all members present except A quorum was present. Among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN TO EXCHANGE WASTEWATER SURVEILLANCE DATA AND ALL RELATED APPURTENANCES Commissioner introduced an order and moved that Commissioners Court adopt the order. Commissioner seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain Judge Lina Hidalgo ❑ ❑ ❑ Comm. Rodney Ellis ❑ ❑ ❑ Comm. Adrian Garcia ❑ ❑ ❑ Comm. Tom S. Ramsey, P.E. ❑ ❑ ❑ Comm. Lesley Briones ❑ ❑ ❑ The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: IT IS ORDERED THAT: 1. The Harris County Judge is authorized to execute on behalf of Harris County the attached Interlocal Agreement between Harris County and City of Baytown to exchange wastewater surveillance data and all related appurtenances. 2. All Harris County officials and employees are authorized to do any and all things necessary or convenient to accomplish the purposes of this order. 7