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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. Page 1 of 10 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 Page 2 of 10 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. Page 3 of 10 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; Page 4 of 10 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 Page 5 of 10 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. Page 6 of 10 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; Page 7 of 10 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. Page 8 of 10 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. Page 9 of 10 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 Page 10 of 10 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