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Home My WebLink AboutPR 18964: HEALTH DIRECTOR MEMORANDUM OF UNDERSTANDING, TO SHARE PULSED-FIELD GEL ELECTROPHORESIS DATABASE INFO City of cin .,--- V\ 4 limurt rthrrr Texas DATE: April 17,2015 To: Brian McDougal, City Manager From: Judith A. Smith,RN,BSN RE: Memorandum of Understanding for Data Sharing of Pulsed-Field Gel Electrophoresis Patterns and Risk Exposures During Bacteria Outbreaks Nature of the Request: This is a Memorandum of Understanding between the City of Port Arthur and Houston Department of Health and Human Services for Data Sharing of Pulsed-Field Gel Electrophoresis (PFGE) patterns and risk exposures. This MOU will enable the City of Port Arthur to share Pulsed-Field Gel Electrophoresis patterns and risk exposure information regarding multi jurisdictional cases in Pulsed-Field Gel Electrophoresis clusters for the detection and mitigation of bacteria outbreaks, including but not limited to, Salmonella, Shigella, Shiga Toxin E. Coli and Listeria. Staff Analysis, Considerations: None Recommendations: It is recommended that the City Council approve P.R. No.18965, authorizing the City Manager and the City Health Director to execute a Memorandum of Understanding between the City of Port Arthur and Houston Department of Health and Human Services for Data Sharing of Pulsed-Field Gel Electrophoresis patterns and risk exposures in the event of bacteria outbreaks. Budget Considerations: None "REMEMBER WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR" P.O.BOX 1089•PORT ARTHUR,7X 77641-1089.4099983-8101•FAX 409/982-6743 P. R. No. 18964 04/17/15-js RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER AND THE CITY'S HEALTH DIRECTOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ARTHUR AND THE CITY OF HOUSTON HEALTH AND HUMAN SERVICES TO SHARE PULSED-FIELD GEL ELECTROPHORESIS DATABASE INFORMATION DURING BACTERIA OUTBREAKS. WHEREAS, this Memorandum of Understanding will allow the City of Port Arthur Health Department to share Pulsed-Field Gel Electrophoresis (PFGE)patterns and risk exposure information regarding multi jurisdictional cases including, but not limited to, Salmonella, Shigella, Shiga Toxin E. Coli and Listeria; and, WHEREAS, the City of Port Arthur Health Department will enter and share data obtained from interviewing Salmonella cases in South Jefferson County in the regional Pulsed-Field Gel Electrophoresis database. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That,the facts and opinions in the preamble are true and correct. Section 2. That, the City Manager and City's Health Director are herein authorized to execute the Memorandums of Understanding, in substantially the same form as attached hereto as Exhibits "A", respectively. Section 3. That, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. PAGE 2 P.R. No. 18964 READ, ADOPTED, AND APPROVED, this day of April, 2015 A.D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote: AYES: Mayor: ; Councilmembers: ; NOES: Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: \ia/Q- (22 _ 1/() Val Tizeno City Attorney APPROVED FOR ADMINISTRATION: caddib ,�Y Lt*) f' Y oS i J Brian McDougal J dith Smith, RN, BSN City Manager Director of Health Services EXHIBIT "A" MEMORANDUM OF UNDERS'TANDING FOR DATA SHARING BETWEEN THE CITY OF PORT ARTHUR AND THE CITY OF HOUSTON, TEXAS This Memorandum of Understanding (MOU) For Data Sharing of Pulsed-Field Gel Electrophoresis (PFGE) Database is made between the City of Port Arthur Health Department, and the City of Houston, Texas, a home-rule city of the State of Texas, acting by and through its Houston Department of Health and Human Services ("HDHHS"). Purpose: The goal of this MOU is to enable the City of Houston, Texas and Local Health Departments in Southeast Texas to share Pulsed-Field Gel Elecl:rophoresis (PFGE)patterns and risk exposure information regarding multi-jurisdictional cases in PFGE clusters for the detection and mitigation of bacteria outbreaks, including but not limited to, Salmonella, Shigella, Shiga Toxin E coli and Listeria. The parties shall: 1. Work with each other to resolve issues related to the PFGE database. 2. Adhere to confidentiality and security standards for infectious diseases in accordance with applicable local, state and federal laws and regulations. Furthermore, in consideration of the premises and mutual covenants herein contained and other good and valuable consideration,the parties agree as follows: A. SERVICES TO BE PROVIDED BY HDHHS: HDHHS is required to: 1) Identify cases of Salmonella, Shigella, Shiga Toxin E coli and Listeria that are in local PFGE clusters and PulseNet PFGE clusters and share information with LHD as well as other LHDs in Southeast Texas. 2) Allow LHD to have access to regional PFGE database vi a a secure portal to enter exposure and other pertinent information. 3) HDHHS will provide to LHD regional PFGE database based on a questionnaire designed to capture data elements from HDHHS' multipage standard ;salmonellosis interview form. G:\CONTRACT\LPN\20311_Template MOU_PFGE Bacteria Database 2/13/2015 L.D.FILE NO.0381500016001 1 4) HDHHS will provide a means to export data for cases in PFGE clusters from the regional PFGE database into an Excel spreadsheet to be utilized by any LHD to analyze the PFGE cluster. 5) HDHHS will provide training, through a teleconference or in-house training, necessary to enable LHD 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 BY LHD: 1) Enter data obtained from interviewing Salmonella cases in LHD's jurisdiction cases in PFGE clusters by filling out HDHHS' multipage standard interview form which will go into the regional PFGE database. 2) Analyze PFGE clusters. If LHD has the highest number of cases in a PFGE cluster, then LHD will take leadership of the cluster investigation or make other arrangements by consensus. C. TERM OF MOU This MOU shall be effective from the date of Countersignature by the City Controller herein and shall remain in full force and effect until terminated by either party as provided in the Termination Section of this MOU. D. TERMINATION This MOU may be terminated at any time by either party upon seven-day written notice of termination to the other party. E. NOTICES All notices to either Party to the MOU must be in writing and must be delivered by hand, facsimile, United States registered or certified mail, return receipt requested, United States Express 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 delivery charges must be paid by the Party giving the notice. To LHD: City of Port Arthur Health Department Attention: G:\CONTRACT\LPN\20311_Template MOU_PFGE Bacteria Database 2/13/2015 L.D.FILE NO.0381500016001 2 To City: Houston Department of Health and Human Services 8000 N. Stadium Drive Houston, Texas 77054-1823 Attention: Director F. NO PERSONAL LIABILITY AND NO THIRD PARTY BENEFICIARY Nothing in this MOU may be construed as creating any personal liability on the part of any officer, director, employee or agent of any public body that may be a Party to this MOU and the Parties expressly agree that the execution of this MOU does not create any personal liability on the part of any officer, director, employee or agent of City or LHD. Neither LHD nor City waive or relinquish any governmental immunities or defenses on behalf of it and its trustees, officers, employees, or agents as a result of the execution of this MOU and performance of the functions or obligations described herein. Nothing herein shall be construed as creating any personal liability on the part of any officer, director, employee or representative of LHD or City. These provisions are solely for the benefit of the Parties hereto and not for the benefit of any person or entity not a party to this MOU. No provisions shall be deemed a waiver of any defenses available by law. G. GOVERNING LAW AND VENUE This MOU is governed in all respects by the laws and Constitution of the State of Texas. Exclusive venue is in Harris County, Texas. H. RELATIONSHIP OF THE PARTIES This MOU is not intended to and shall not create a partnership,joint venture or joint enterprise among the Parties. It is understood and agreed by the Parties that the personnel of one Party shall not be considered employees, agents, partners,joint venturers, or servants of any other Party to this MOU. The Parties are undertaking governmental functions or services under this MOU and the purpose hereof is solely to further the public good, rather than any pecuniary purpose. The Party undertaking work under this MOU shall control the direction, details and management of such work. I. COMPLIANCE WITH OTHER LAWS The Parties shall observe and comply with all federal, state, and local laws, rules, ordinances, and regulations in any manner affecting the conduct of the services herein provided and performance of all obligations undertaken by this MOU. G:\CONTRACT\LPN\20311_Template MOU_PFGE Bacteria Database 2/13/2015 L.D.FILE NO.0381500016001 3 J. LIMIT OF APPROPRIATION. The City has not appropriated any funds to pay for services under this MOU and has no obligation to make any payments hereunder. K. SIGNATURES IN WITNESS WHEREOF, the parties have caused this MOU to be duly executed by their authorized representatives herein. Port Arthur City Health Department (Name of Local Health Department) WITNESS/SEAL: By: By: Name: Name: Title: Title: ATTEST/SEAL: CITY OF HOUSTON, TEXAS Signed by: City Secretary Mayor APPROVED: COUNTERSIGNED BY: Director, Houston Department of City Controller Health& Human Services APPROVED AS TO FORM: DATE COUNTERSIGNED: Sr. Assistant City Attorney L.D. File No. G:\CONTRACT\LPN\20311_Template MOU_PFGE Bacteria Database 2/13/2015 L.D.FILE NO.0381500016001 4