HomeMy WebLinkAbout24-2347ORDINANCE NO. 24-2347
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE “DSHS MOU
NO. HHSO01454300028” (“MOU”) BETWEEN THE CITY OF DENTON AND THE
TEXAS DEPARTMENT OF STATE HEALTH SERVICES (“DSHS”) STATING THE
TERMS AND CONDITIONS OF THE CITY’S PARTICIPATION IN THE DSHS
WASTEWATER MONITORING PROGRAM; AND PROVIDING AN EFECTIVE DATE.
WHEREAS, studies confirm the presence of viral pathogens in raw sewage collected at
wastewater treatment facilities; and
WHEREAS, there is increased interest in the measurement of viral pathogens in wastewater as an
index of community infection; and
WHEREAS, understanding the population-level abundance of viral loadings across a sewershed
can provide valuable information concerning human infections; and
WHEREAS, more detailed data generated at the sub-sewershed level may provide information to
support targeted mitigation strategies for disease containment; and
WHEREAS, on October 6, 2020, the City Council passed a ratification resolution on a Letter of
Support dated September 2, 2020, from former Mayor Chris Watts for a study entitled
“Development of geospatially resolved SARS-CoV-2 detection for enhanced community viral
mitigation strategies in sub-sewersheds;” (“Study”); and
WHEREAS, representatives from DSHS and the City of Denton completed the Study; and
WHEREAS, the City and DSHS desire to continue the study of viral pathogens through execution
of “DSHS MOU No. HHS001454300028,” attached hereto as Exhibit “A“ and incorporated for
all purposes; and
WHEREAS, the MOU is mutually beneficial to the City and DSHS and will assist with protection
of public health, safety, and welfare; and
WHEREAS, the City Council has determined that execution of the MOU is in the public interest.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The recitals in the preamble of this ordinance are incorporated into the body
of this ordinance as if set out fully herein.
SECTION 2. The City Manager or their designee is hereby authorized to execute “DSHS
MOU No. HHS001454300028” (“MOU“) by and between the City of Denton and the Texas
Department of State Health Services, to take all actions necessary to further the purposes of the
MOU, and to review and approve workplans and establish points of contact as outlined in the
MOU. The MOU is attached hereto as Exhibit “A“ and incorporated herein for all purposes.
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SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by Brian Beck and seconded by Brandon Chase
McGee, the ordinance was passed and approved by the following vote [ 7 - 0 ]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2 :
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5:
Jill Jester, At Large Place 6:
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PASSED AND APPROVED this the 7th day of January, 2025.
GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
L\\\\\ IIII III
APPROVED AS TO LEGAL FORM:
MACK RE[NWAND, CITY ATTORNEY
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EXHIBIT A
Memorandum of Understanding
DSHS MOU No. HHS001454300028
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DEPARTMENT OF STATE HEALTH SERVICES
MEMORANDUM OF UNDERSTANDING
DSHS MOU No. HHS001454300028
This Memorandum of Understanding (MOU), is entered into between the Texas Department of State
Health Services (DSHS), and City of Denton (the “Water Utility” or the “WU”), who are collectively
referred to herein as the “Parties.”
I. PURPOSE
The DSHS wastewater monitoring program works with local health departments and water utilities to track
pathogens in wastewater and obtain high-quality, community-level data that helps protect public health in
Texas. The program’s aim is to assess emerging or endemic microorganisms that cause disease by
examining wastewater from distinct municipal sewersheds. Program activities shall be delivered in
collaboration with the WU in accordance with this MOU and with Attachment A (“Statement of Work –
Water Utility”), attached hereto and incorporated herein for all purposes.
II. AUTHORITY
The Parties enter into this MOU under the authority of the Texas Government Code Chapter 531 and the
Texas Health and Safety Code Chapters 12 and 81.
III. LIAISONS AND NOTICES
The Parties will maintain designated liaisons during the entire term of the MOU. The Parties will
communicate in writing any subsequent changes in liaison personnel. The names and contact information
for the initial liaisons are as follows:
DSHS Water Utility
Shonté Battle
Department of State Health Services
1100 West 49th Street
Austin, Texas 78756
Phone: 512-776-7761
Email: Shonte.Battle@dshs.texas.gov
Rusty Willard
Water Reclamation Superintendent
City of Denton
Phone: 940-349-8601
Email: Rusty.Willard@CityofDenton.com
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IV. LEGAL NOTICES
Legal notices under this MOU will be deemed effective when deposited either in the United States mail,
postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required,
to the appropriate address below:
Department of State Health Services
1100 West 49th Street, MC 1911
Austin, Texas 78756
Attention: General Counsel
City of Denton
1100 South Mayhill Road
Denton, TX, 76208
Attn: Water Reclamation Superintendent
Notice given in any other manner shall be deemed effective only if and when received by the Party to be
notified. Any Party may change its address for receiving legal notice by notifying the other Parties in
writing.
V. TERM AND TERMINATION
This MOU shall become effective once signed by all Parties and will be valid for five years from the date
of execution. The Parties hereby agree that any Party may terminate the MOU sooner upon giving 30
days’ written notice to the other Party. This MOU may be terminated in the event that federal or state law
should be amended or judicially interpreted so as to render continued fulfillment of this MOU, on the part
of any Party, unreasonable or impossible.
VI. AMENDMENT
This MOU may not be amended, modified, or changed except by written agreement executed by the
Parties.
VII. NO GRANT OF EQUITY OR OWNERSHIP OR JOINT VENTURE
No provision of this MOU may be interpreted or construed to create any type of joint or equity ownership
of any property or to create any partnership or joint venture.
VIII. ENTIRE AGREEMENT.
This MOU, including any exhibits, attachments, and/or addendums attached hereto and made a part
hereof, constitutes the entire agreement between the Parties relative to the subject matter of this MOU. All
prior agreements, covenants, representations, or warranties, whether oral or in writing, between the
Parties are merged herein.
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IX. LIMITATION OF LIABILITY
Neither party shall, in any event, be liable for punitive damage, loss of profit, loss of goodwill or other
special, indirect, or consequential damages suffered by the other party under this MOU whether in contract
or tort, even if advised of the possibility of such damages. The provisions of this section shall survive
termination of this MOU.
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THE FOLLOWING ATTACHMENTS TO DSHS CONTRACT NO. HHS001454300028 ARE HEREBY
INCORPORATED BY REFERENCE AND MADE A PART OF THIS MOU FOR ALL PURPOSES:
ATTACHMENT A STATEMENT OF WORK – WATER UTILITY
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Attachment A
Statement of Work – Water Utility
I. Purpose
The Texas Department of State Health Services (DSHS) wastewater monitoring program works
with local health departments and water utilities to track pathogens in wastewater and obtain high-
quality, community-level data that helps protect public health in Texas. The program’s aim is to
assess emerging or endemic microorganisms that cause disease by examining wastewater from
distinct municipal sewersheds. Program activities shall be delivered in collaboration with the
Water Utility (WU).
Data may be used to:
1. Understand the spread of microorganisms throughout a community;
2. Detect outbreaks in communities;
3. Assess the effectiveness of prevention approaches;
4. Identify known variants of microorganisms; and
5. Identify emerging variants of microorganisms.
II. Roles and Responsibilities of DSHS
A. Facilitate timely and complete communications (e.g., email or phone) and program
activities among implementing partners.
B. Establish microorganism targets as advised by the Centers for Disease Control and
Prevention. Microorganism targets may change according to public health priorities.
a. Influenza A virus (IAV)
b. Influenza B virus (IBV)
c. Mpox virus
d. Norovirus
e. Respiratory syncytial virus (RSV)
f. Severe acute respiratory syndrome-associated coronavirus 2 (SARS-CoV-2)
C. Develop a workplan in collaboration with the WU that includes timelines for completing
program activities outlined in Section II(C)(a) – Section II(C)(d).
a. Wastewater sampling
i. Provide equipment and materials for wastewater sample collection.
ii. Prepare and maintain sampling equipment.
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iii. Coordinate sample collection.
b. Wastewater analysis
i. Conduct quantitative wastewater analysis to detect pathogens.
ii. Conduct genomic sequencing to detect variant proportions of targeted
pathogens in positive wastewater samples.
c. Wastewater data management
i. Coordinate wastewater data management to produce reliable, actionable,
and high-quality data for public health action.
d. Wastewater data reporting
i. Report wastewater analysis results to the WU.
ii. Develop or review knowledge translation products (e.g., publications,
presentations, etc.).
D. Optimize protocols for data timeliness and quality, including minimizing time from
sample collection to data reporting and maximizing quality of reported data.
III. Roles and Responsibilities of WU
A. Review and approve workplan in collaboration with DSHS.
B. Review optimized protocols for data timeliness and quality, including minimizing time
from sample collection to data reporting and maximizing quality of reported data.
(Signatures begin on the following page.)
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CITY OF DENTON Texas Department of State Health Services
A Texas Municipal Corporation
By: ___________________________ By: ________________________________
Sara Hensley Manda Hall, M.D.
City Manager Associate Commissioner for CHI
Community Health Improvement
ATTEST:
LAUREN THODEN, CITY SECRETARY
By: ____________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
__Director________________
Title
__Env. Svcs. & Sustainability_
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By: _____________________________
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1/15/2025
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