2014-010 - Approving an Interlocal Agreement between the City of Paris, Lamar County, Texas, and the Health DepartmentRESOLUTION NO. 2014 -010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AND AUTHORIZING AN INTERLOCAL COOPERATIVE
AGREEMENT BY AND BETWEEN LAMAR COUNTY, TEXAS ( "COUNTY ")
AND THE CITY OF PARIS, TEXAS ( "CITY ") CREATING A PUBLIC HEALTH
DISTRICT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Paris, Texas and Lamar County, Texas have jointly operated a
public health department in the community since at least 1950; and,
WHEREAS, the Local Public Health Reorganization Act, codified in Chapter 121 of
the Texas Health & Safety Code (the "Act "), authorizes the establishment of public health
districts by a majority vote of the governing bodies of a county and one or more
municipalities in the county for the purpose of providing and furnishing public health
programs; and
WHEREAS, the County and the City desire to create a public health district for
Lamar County that will function independently of County or City government; and
WHEREAS, the Board of the Paris -Lamar County Health Department has actively
participated in the City and County efforts to form a public health district and they have approved the
terms of the Interlocal Agreement; and
WHEREAS, the City Council of the City of Paris hereby finds that the creation of an
independent Public Health District to replace the Paris -Lamar County Health Department is in the best
interest of the City and its citizens; and
WHEREAS, the Lamar County Commissioners Court and Paris City Council have
formally adopted this Agreement by separate minute orders or resolutions and have
authorized their presiding officer to execute the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the Interlocal Cooperative Agreement by and between the City of
Paris, Texas and Lamar County, Texas, attached hereto and incorporated herein as Exhibit
"A ", be, and the same is hereby approved.
Section 3. That the Mayor be, and he is hereby, authorized and directed to
execute, on behalf of the City of Paris, the Interlocal Cooperative Agreement with Lamar
County, to establish the Lamar County Health District, substantially in accordance with the
form of the Agreement attached hereto as Exhibit "A."
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 24th day of March. 2014.
ATTEST:
am.tc.Q
ice Ellis, City Clerk
APPROVED AS TO FORM:
__ _:
STATE OF TEXAS INTERLOCAL COOPERATIVE AGREEMENT
COUNTY OF LAMAR § PARIS - LAMAR COUNTY HEALTH DISTRICT
This Interlocal Cooperative Agreement (this "Agreement') is made by and between Lamar County,
Texas ( "County ") and the City of Paris, Texas ( "City ") under Chapter 121, Subchapter E of the Texas
Health & Safety Code laws of the State of Texas, ( "Code "), acting by and through their respective
governing bodies, authorized officers and representatives.
WITNESSETH:
WHEREAS, the City of Paris, Texas and Lamar County, Texas have jointly operated a public health
department in the community since at least 1950; and,
WHEREAS, the Local Public Health Reorganization Act, codified in Chapter 121 of the Texas Health
& Safety Code (the "Act'), authorizes the establishment of public health districts by a majority vote of
the governing bodies of a county and one or more municipalities in the county for the purpose of
providing and furnishing public health programs; and,
WHEREAS, the County and the City desire to create a public health district for Lamar County that will
function independently of County or City government; and
WHEREAS, the Lamar County Commissioners Court and Paris City Council have formally adopted
this Agreement by separate minute orders or resolutions and have authorized their presiding officer to
execute the Agreement.
NOW THEREFORE, the County and the City do hereby enter into a cooperative Agreement by which
to establish the Paris -Lamar County Health District ( "District') in accordance with the following:
1. GOVERNANCE
1.1 The Affairs of the District shall be governed by a public health board, which shall be called
the "Paris -Lamar County Health Board" (The "Board "). The Board shall be an
administrative public health board and shall have the authority to adopt substantive and
procedural rules which are necessary and appropriate to promote and preserve the health and
safety of the public within its jurisdiction, provided that no rule adopted shall be in conflict
with the laws of the State of Texas.
1.2 The Board shall consist of seven (7) members, resident citizens of Lamar County, Texas.
Directors shall serve staggered three -year terms so that the terms of no more than one -third
of the Directors on the Board will expire at the same time.
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EXHIEMT
1.3 A director shall not be an elected official or employee of the City or County nor shall a
director be related to an elected official of the City or County in the first degree by blood or
marriage.
1.4 The Board members of the Paris Lamar County Health Department shall become the
Directors of the Lamar County Board of Health upon the effective date of this Agreement.
Vacancies on the Board of Directors of the Lamar County Board of Health shall be open to
all residents of Lamar County, and filled by appointment made by the Board and approved
by joint resolution of the Lamar County Commissioner's Court and Paris City Council. The
Lamar County Board of Health shall be responsible for advertising vacancies on their Board
and handling the application and screening process.
1.5 The Board shall be composed of at least two (2) licensed and qualified practicing medical
doctors; at least one (1) licensed and qualified practicing dentist; and at least one (1) licensed
and qualified practicing veterinarian. The remaining three positions on the Board of
Directors may be filled by professional or lay persons.
1.6 A director may be removed from the Board, for neglect of duty, malfeasance, or improper
behavior by recommendation of the majority of the Board followed by a joint resolution
approved by majority vote of the Lamar County Commissioner's Court and Paris City
Council.
1.7 Directors may serve a maximum of two consecutive 3 -year terms on the Board; not including
any time served filling a partial or unexpired term. After reaching term limits, a Board
Member must resign from the Board for at least one year before reapplying for appointment.
The Directors shall serve on the Lamar County Health Board without compensation.
1.8 The Lamar County Judge and the Mayor of the City of Paris, or their authorized
designee(s), shall be ex- officio, non - voting members of the Board entitled to attend and
be heard at all regular and special meetings of the Board and during posted executive sessions of the
Board
II. OFFICERS
2.1 General. The officers of the Board shall consist of the chairperson, vice- chairperson,
and secretary. The members of the Board shall select the officers from amongst their
members.
2.2 Chairperson. The Chairperson shall preside over all meetings of the Board. At each
meeting, the Chairperson shall submit such recommendations and information as he /she
may consider proper concerning the business, affairs, and policies of the District.
2.3 Vice - Chairperson. The Vice - Chairperson shall perform the duties of the Chairperson in
the absence or incapacity of the Chairperson and in case of the resignation or death of
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the Chairperson. The Vice - Chairperson shall perform such duties as are imposed on the
Chairperson until such time as the Board shall appoint anew Chairperson.
2.4 Secretary. The Secretary or his /her designee shall act as Secretary of the meetings of the
Board and record all votes and shall keep a record of the proceedings of the Board in a
journal of proceedings to be kept for such purpose and shall perform all duties
incidental to his /her office.
III. EXECUTIVE DIRECTOR
3.1 The directors of the Board shall appoint an Executive Director for the Health District.
The Executive Director shall be the chief administrative officer of the District and
shall manage the day -to -day operations of the District, subject to the policies
established by the Board.
3.2 If the Executive Director is a physician, licensed and in good standing in the State of
Texas, the Executive Director will also serve as the Health Authority in the jurisdiction
of the District. If the Executive Director is not a physician licensed and in good
standing in the State of Texas, a Health Authority shall be retained by the Board as
provided in Section 8.1 of this agreement.
3.3 The Executive Director shall be an ex- officio non - voting member of the Board.
3.4 If, duringthe annual evaluation of the Executive Director,or at any other time, the Board
determines by majority vote that the Executive Director has engaged in neglect of duty,
malfeasance, inappropriate behavior, or has otherwise violated provisions of his
employment agreement or the District's personnel policies, the Executive
Director's employment may be terminated. In addition, the Board may decide by
majority vote not to renew the Executive Director's Employment Agreement. The exact
terms of the termination shall be determined at the time by a majority vote of the Board.
In the event of the Executive Director's death, resignation, or removal from office, the
Board shall select a new Executive Director.
3.5 The Executive Director shall employ such full or part-time employees as are needed to carry
out the programs of the District. These employees shall be employees of the District and
perform those duties as are assigned to them. The compensation of such personnel,
including the Executive Director, shall be determined by the Board and set out in the
annual budget. The Executive Director shall have the authority, subject to provisions of
the policies and procedures of the District, to hire, fire, direct, and controlthe work, as
functionally appropriate, of suchemployees.
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IV. MEETINGS
4.1 A majority of the entire voting Board of Directors of the Lamar County Health
District shall constitute a quorum for the transaction of business. The presence of the
Executive Director shall not count for the purpose of determining whether a quorum is
present.
4.2 The Board shall meet monthly on a date fixed by the Board and shall hold such other special
meetings as may be called by the chairperson.
4.3 The Health District and the Board of Directors shall comply with the Texas Open Meetings
Act and Texas Public Information Act as required by law.
V. PURPOSE OF THE DISTRICT
5.1 The District may perform any public health function that Lamar County or the City of
Paris may perform unless otherwise restricted by law. The Board, with the assistance of
the Executive Director, shall determine which public health programs and services will
be provided by the District based on needs assessment and the availability of resources.
5.2 The District shall be affiliated with the Texas Department of State Health Services or its
successor to facilitate the exchange of information and the coordination of public
health services.
5.3 The District shall provide "'Essentialpublic health services" as defined In Section 121.002
of the Act:
5.3.1 Monitor the health status of individuals in the community to identify community
health problems;
5.3.2 Diagnose and investigate community health problems and community health
hazards;
5.3.3 Inform, educate, and empower the community with respect to health issues;
5.3.4 Mobilize community partnerships in identifying and solving community health
problems;
5.3.5 Develop policies and plans that support individual and community efforts to
improve health;
5.3.6 Enforce laws and rules that protect the public health;
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5.3.7 Link individuals who have a need for community and personal health services to
appropriate community and private providers;
5.3.8 Ensure a competent workforce for the provision of essential public health services;
5.3.9 Research new insights and innovative solutions to community health problems;
and
5.3.10 Evaluate the effectiveness, accessibility, and quality of personal and
population -based services in the community.
5.4 By way of illustration but not by way of requirement or limitation, the District may
provide public health services such as the following: communicable disease control
and prevention services, public health education, information and referral services,
environmental and consumer health programs, public health nutrition programs,
community assessment and health status data analysis, public health emergency
preparedness and response, and collaborating with others to address public health issues.
5.5 The District may contract with the County and City, as well as other
governmental entities and private institutions within Lamar County, Texas to
provide additional public health services not covered by this Agreement upon
approval of the Board and as authorized by law.
5.6 The Board shall have the authority to set and collect fees for its services and for the
issuance of health and sanitation - related licenses and permits as authorized by law.
5.7 The District shall also have the authority to conduct health and sanitation inspections
inside the city limits of the City of Paris, Texas and inside the boundaries of Lamar County,
Texas and with such other governmental entities that may enter into an Interlocal
Agreement with the District and/or as authorized by law.
5.8 When the District has the authority and responsibility to issue a health or sanitation permit,
the City of Paris and Lamar County, Texas agree not to require their own redundant health or
sanitation permit from the same person or business.
VI. LIABILITY AND INDEMNITY
6.1 As provided in the Act, the District is, for the purposes of the Texas Tort Claims Act
(Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code) a governmental
unit and its actions are governmental functions. As provided in Section 101.063 of the
Texas Civil Practices and Remedies Code, a governmental unit that is a member of a
public health district (i.e., Lamar County and The City of Paris) is not liable under
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Chapter 101 for any conduct of the District's personnel or for any condition or use of the
District's property. Nothing in this Agreement shall be construed or interpreted to waive
this immunity.
6.2 The District shall indemnify each and every director, officer and employee, to the fullest
extent permitted by law against any and all liability or expense, including attorney's fees,
incurred by any of such persons by reason of any actions or omissions that may arise out
of the functions and activities of the District. This indemnity shall apply even if one or
more of those to be indemnified was negligent or caused or contributed to cause any
loss, claim action or suit. Notwithstanding anything herein to the contrary, the
District will not pay actual damages, punitive damages, court costs, or attorney fees
awarded against indemnified persons if the awards arise from a cause of action for
official misconduct or arise from a cause of action involving a willful or wrongful act or
omission or an actor omission constituting gross negligence.
6.3 The District shall purchase and maintain ga)eral liability insurance and/or errors and omissions
coverage on behalf of the District and the District's directors, officers and employees
against any liability, claim, damage or lawsuit asserted against the District or a director,
officer or employee of the District and incurred by that person in their capacity as a
director, officer or employee. The amount of said insurance coverage shall be
determined by the Board. Provided however, the District shall not be required
to carry medical malpractice insurance for the Medical Director, Health
Authority, physicians, physician's assistants, nurses, nurse practitioners, or other
medical personnel providing services to the District. All such medical personnel,
whether employed or working under contract for the District, shall be solely
responsible for providing their own medical malpractice insurance coverage.
The District shall also carry workers compensation insurance as is required by
State law.
11. FINANCING
7.1 The fiscal year for the Health District shall be October 1 through September 3 0.
7.2 The Executive Director shall prepare an annual budget for the District and shall submit same
to the Board for review, approval and action no less than ninety (90) days prior to the
beginning of a new fiscal year. A copy of the District's annual budget as approved and
adopted by the Board shall be submitted to LXnar County and the City of Paris no less than
sixty (60) days prior to the beginning of a new fiscal year as a courtesy, but not for approval
in connection with the District's annual request for funding.
7.3 The District shall actively seek funding from the Texas Department of State Health
Services or its successor (or any other state or federal agency), and from public or private
grants.
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7.4 The District shall be allowed to assess and collect fees for its services as may be
established by the Board and as authorized by law.
7.5 The Board and Executive Director will maximize funding from other available sources,
including governmental and private grants, prior to requesting funding from Lamar
County and The City of Paris. The City and County will contribute SEVEN Y- -FIVE
THOUSAND AND NO/ 100 DOLLARS ($75,000.00) each toward the armual budget of the
Health District for the next three years. These funds are to be deposited with the Health
District by the end of the first month of each fiscal year for a three -year period beginning
with FY 2014 -15. Thereafter the annual contribution will be renegotiated among the parties
with negotiations beginning with the Health District's submission of its upcoming budget to
the City. The annual contribution amount from the City and County shall always be equal.
The shortfall settlement for FY 2013 -14, if any, will be made by City and County in equal
shares to the Health District within 60 days of the end of the Health District's FY 2013 -14.
7.6 All funds of the District not otherwise employed will be deposited in banks or other
depositories designatedby the Board.
7.7 All checks, drafts, endorsements, notes and evidences of indebtedness of the District will
be signed by such officers or agents and all endorsements for deposits to the credit of the
District will be made as authorizedbythe Board.
7.8 No loans or advances will be contracted on behalf of the District, and no note or other
evidence of indebtedness will be issued in its name, except as authorized by formal
resolution of the Board supported by majority vote and only for suchpurposes allowed
by law.
7.9 Only the Executive Director or his/her designee acting in compliance with the Board's
policies, procedures and/or business practices may, in the name of and on behalf of the
District, enter into contracts or execute and deliver instruments as specifically
authorizedby the Boardbyresolution or action at a duly calledmeeting.
7.10 The District shall maintain sufficient undesignated cash reserve funds to prevent
untimely disruptions in services.
7.11 The Executive Director will provide to the Board no later than one hundred twenty (120)
days after the close of the fiscal year a report containing the following information in
appropriate detail:
A. The assets and liabilities ofthe Districtas ofthe endofthefiscalyear;
B. The principal changes in assets and liabilities duringthe fiscal year;
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C. The revenue and receipts, both restricted and unrestricted to particular purposes for
the fiscal year•,
D. The expenses or disbursements for both general and unrestricted purposes during the
fiscal year;
E. The substantial activities and projects begun, in progress, and completed during
the fiscal year•,
F. The annual report will include a report of an independent accountant, or in lieu
of such report, the certificate of an authorized officer of the District that such
statements were prepared without audit from the books and records of the District
and are true and correct.
7.12 The Board shall require that an independent audit of the District's financial records be
made annually. The annual audit shall be available for public inspection during all
normal business hours at the District office. The District shall adopt sound financial
management policies and procedures and shall comply with requirements of funding
entities.
8.1. The Executive Director, subject to approval by the Board, shall appoint a physician
licensed and in good standing in the State of Texas as an officer of the District to serve as
the Health Authority. If no local physician can be found who is willing to so serve, then
the designated Medical Director of the Texas Department of State Health Services or its
successor or his/her designee shall serve as the Health Authority.
8.2 A Health Authority appointed under the provisions of Section 121.021 of the Act has
certain duties prescribed by State Law that are necessary to implement, enforce and
protect the public health. The Health Authority shall aid the Board in all
matters of local quarantine, disease prevention and suppression, sanitation
inspection and control of contagious, infectious and epidemic diseases within
the District's jurisdiction. It is the intent of this Agreement that any Health
Authority of the District shallbe an "employee" as defined by Section 101.001(2) of the
Texas Civil Practices and Remedies Code for the purposes of the Texas Tort Claims Act.
A Health Authority is a state officer when performing duties prescribed by state law.
(Section 121.024 of the TexasHealth & Safety Code).
8.3 The Board, along with input from the Executive Director, shall be responsible for
developing and managing an employee benefits plan for District employees that covers
but is not limited to: health insurance, workers compensation insurance, retirement plan
and leave policies.
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8.4 The Board may establish a defined contribution retirement plan for the full -time
employees of the District. Employees of the District who were previously vested in the
Texas Municipal Retirement System (T IRS) through the City of Paris may keep their
retirement funds with TMRS, but will no longer be eligible to participate in the TMRS
retirement plan as District employees. District employees who made contributions to
TMRS, but were not vested, may contact TMRS for a refund of their contributions.
8.5 The District shall handle all day to day administrative functions such as payroll, accounts
payable and other bookkeeping functions, either through qualified internal staff or by
outsourcing these services to a qualified administrative and bookkeeping service.
9.1 The provisions of Chapter 121 of the Texas Health & Safety Code shall be applicable
to the District. In the event of a conflict between Chapter 121 and this Agreement,
Chapter 121 shall control.
9.2 Temination. Lamar County or The City of Paris may terminate this Agreement by giving
writtennotice to the other entity, and to the Executive Director no later than four months
prior to the end of the District's fiscal year. The termination shall become effective at the
end of the current District fiscal year after the withdrawing entity has given written notice
of its decision to the Board. Such notice of withdrawal shall not relieve such entity of any
obligation incurred by suchentity prior to effective date ofwithdrawal.
9.3 In the event a majority of the Lamar County Commissioners Court and the Paris City
Council, respectively, vote to dissolve the District, after payment of all liabilities, the
District's unencumbered assets w it l be distributed equally to Lamar County and The City of
Paris.
9.4 Non - Waiver. Failure of any party, at any time, to enforce a provision of this Agreement,
shall in no way constitute a waiver of that provision, nor in any way affect the validity of this
Agreement, any part hereof, or the right of the party thereafter to enforce each and every
provision hereof. No term of this Agreement shall be deemed waived or breach excused
unless the waiver shall be in writing and signed by the party claimed to have waived.
Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of
or excuse of any other different or subsequent breach.
9.5 Venue. The parties agree that the laws of the State of Texas shall govern this Agreement, and
that all aspects of this Agreement are performable in Lamar County, Texas. Exclusive venue
for any claim or lawsuit arising out of or related to this Agreement shall lie in Lamar County,
Texas.
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9.6 This Agreement may not be modified or amended except upon written amendment
authorized by majority vote of the Health District Board, Paris City Council and Lamar
County Commissioner's Court and signature by authorized representatives of these parties.
9.7 This Agreement constitutes the entire Agreement between Lamar County and the City of
Paris in regards to the provision of public health services and supersedes all such prior
Agreements between the Parties.
9.8 This Agreement shall be effective April 1, 2014 following execution of same by all parties
hereto.
IN WITNESS WHEREOF, the parties having entered into this Agreement have executed such in duplicate copies,
each of which shall have full dignity and force as an original.
ATTEST:
Kathy Marlowe, County Clerk
ATTEST:
Janice Ellis, City Clerk
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COUNTY OF LAMAR, TEXAS
Chuck Superville, County Judge
Date
CITY OF PARIS, TEXAS
A.J. Hashmi, M.D., Mayor
Date
AGREED AND ACCEPTED:
Rick Erickson, M.D., Chairman
Paris -Lamar County Board of Health
Date