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HomeMy WebLinkAboutResolution - 2022-R0243 - Lubbock County Health District AgreementResolution No. 2022-RO243 Item No. 7.36 May 10, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Health District Agreement pursuant to the authority of Chapter 121 of the Texas Health and Safety Code, thereby creating the Lubbock County Health District, by and between the City of Lubbock and Lubbock County, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on May 10, 2022 DANIEL M. PbPE, MAYOR ATTEST: P.6" 1\�' - Rebec t Garza, City SecretarQ APPROVED AS TO CONTENT: APPROVED AS TO FORM: RES.Health District Agreement 4.20.22 Resolution No. 2022-R0243 THE STATE OF TEXAS COUNTY OF LUBBOCK HEALTH DISTRICT AGREEMENT WHEREAS, Chapter 121 of the Texas Health and Safety Codes, authorizes the establishment of health districts within and among counties, cities, and other governmental entities for the purpose of providing and furnishing county -wide public health programs; WHEREAS, the City of Lubbock, acting by and through the City of Lubbock Health Department ("COLHD"), currently provides health services for citizens throughout Lubbock County; and WHEREAS, the City of Lubbock and Lubbock County desire to establish the Lubbock County Health District to furnish a coordinated public health program throughout Lubbock County. NOW THEREFORE, for and in consideration of the mutual promises, covenants, and other invaluable consideration the City and the County hereby establish the Lubbock County Health District according to the terms and conditions herein and pursuant to the authorities of the Texas Health and Safety Code Chapter 121 and the Texas Government Code Chapter 791, and any other applicable laws. ARTICLE I Section 1. Parties to the Agreement A. This agreement ("Agreement") is entered into by and between Lubbock County, Texas ("County") and the City of Lubbock ("City"), as original Lubbock County Health District ("Health District") members (referred to collectively as "Members"). B. The Members hereby agree to operate the Health District covering the areas within the county limits of Lubbock County. C. The initial term of this Agreement shall be for five (5) years from the effective date hereof. The Agreement may be extended for successive five (5) year terms, not to exceed twenty (20) years in any event, by written agreement of each of the Member representatives with the approval of the governing bodies of each Member. If this Agreement is extended beyond the initial term, the Members shall also amend Article III of this Agreement by written agreement of each of the Member representatives, with the approval of the governing bodies of each Member, to provide the City additional consideration for the Services provided herein. This Agreement shall be effective upon the date of the last original Member's approval and signature ("Effective Date"). ARTICLE II Section 1. Health District Activities A. The Health District shall provide the ten (10) essential public Health functions identified in Section 121.002 of the Texas Health and Safety Code ("Services"): 1. monitor the health status of individuals in the community to identify community health problems; 2. diagnose and investigate community health problems and community health hazards; 3. inform, educate, and empower the community with respect to health issues; 4. mobilize community partnerships in identifying and solving community health problems; 5. develop policies and plans that support individual and community efforts to improve health; 6. enforce laws and rules that protect the public health and ensure safety in accordance with those laws and rules; 7. link individuals who have a need for community and personal health services to appropriate community and private providers; 8. ensure a competent workforce for the provision of essential public health services; 9. research new insights and innovative solutions to community health problems; and 10. evaluate the effectiveness, accessibility, and quality of personal and population - based health services in a community. ARTICLE III Section 1. Financial Administration A. The City shall establish and maintain a Health Department that will provide the Services to the Health District at the direction of the Health District Director. The employees of the Health Department shall be City employees. The City shall be responsible for the salaries and benefits of the Health Department's employees. B. As consideration for the Services provided herein during the initial term of this Agreement, the County hereby agrees and obligates itself to pay to the City a one time, lump sum amount of Three Million Five Hundred Thousand and no/100 dollars ($3,500,000.00), said amount to be paid no later than thirty (30) days after execution of this Agreement by both parties. C. The Members understand and acknowledge that the funding of this Agreement is contained in each Member's annual budget and is subject to the approval of each Member in each fiscal year. The Members further agree that should the governing body of any of the Members fail to approve a budget which includes sufficient funds for the continuance of this Agreement, or should the governing body of any of the Members fail to certify funds for any reason, then and upon the occurrence of such event, this Agreement shall terminate as to that Member and the Member shall then have no further obligation to the any other Member. When the funds budgeted or certified during any fiscal year by a Member to discharge its obligations under this Agreement are expended, any other Member's sole and exclusive remedy shall be to terminate this Agreement. If this agreement is between governmental entities, as defined by Chapter 791 of the Texas Government Code, each Member paying for the performance of governmental functions or services must make those payments from current revenues available to the paying Member. ARTICLE IV Section 1. Admission of New Members Additional governmental entities may request membership in the Health District, for the purpose of receiving public health service, by application to the representatives of the original Members. Additional members shall contribute financially to the operation of the Health District in relation to the cost of provision of services for that new member. Section 2. Withdrawal from Health District Members may withdraw from the Health District upon not less than ninety (90) days written notice to all other Members, with the understanding that all services provided to the withdrawing Member as the result of membership in the Health District shall cease to that Member. Section 3. Expulsion from Health District Members may be expelled from membership in the Health District by agreement of the original Members of the Health District. Prior to such expulsion, the affected Member shall be given reasonable opportunity to correct the action leading to such expulsion. Section 4. Dissolution of Health District The Health District may be dissolved by joint agreement of the County and the City. ARTICLE V Section 1. Health District Director The Director of Public Health for the City shall serve as the Health District Director ("Director"). The Director shall be hired by the City Manager of the City of Lubbock and shall be an employee of the City. The City shall be responsible for the salary and benefits of the Director in accordance with current City policies and procedures. The Director shall actively manage the operations of the District. The Director shall possess the qualifications and fulfill the requirements of Chapter 121 of the Texas Health and Safety Code as same may be amended from time to time. Section 2. Health Authorities The governing bodies of the County and City each reserve the right to independently appoint a Health Authority for their respected jurisdictions according to the provisions of Chapter 121 of the Texas Health and Safety Code. The Health Authority appointed by the City shall serve as the public Health Authority for all areas of the Health District not conflicting with the jurisdiction of the County's appointed Health Authority. The Health Authority appointed by the City shall consult with the Director regarding any quarantine or isolation orders authorized by law. The Health Authority appointed by the City shall consult with the Director to appropriate a jurisdictional representative on any order that affects more than one household. ARTICLE VI Section 1. Board of Health A. The City of Lubbock Board of Health ("Board") is hereby expanded to serve as an advisory public health board to the Health District. The Board shall consist of six (6) members appointed by the governing body of the City and three (3) members appointed by the governing body of the County. The Director shall serve as an ex-officio member of the Board. B. Board members shall serve for a period of three (3) years, except appointees appointed to fill the unexpired term of some member who shall for the remaining period of the unexpired term. Terms shall be staggered such that three (3) terms expire each year: two (2) City appointed terms and one (1) County appointed term. C. The Board shall advise the Health Authorities, Director, and Members regarding public health matters. The Board shall comply with the requirements of the Texas Public Information Act and the Texas Open Meetings Act. The City Secretary of the City will maintain all board documents. ARTICLE VII Section 1. Rights and Remedies Reserved The Members reserve the right to exercise any right or remedy available to them by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the Members shall not be subject to any arbitration process prior to exercising their unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. Section 2. Notice A. Whenever notice is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. The County's address and numbers for the purposes of notice are: Curtis Parrish (or his successor) Lubbock County Judge 904 Broadway, Suite 101 Lubbock, Texas 79401 Email: cparrish@lubbockcounty.gov Telephone: 806-77 5 -13 3 5 C. The City's address and numbers for the purposes of notice are: Katherine Wells, Director of Public Health City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Email: kwells@mylubbock.us Telephone: 806-775-2941 Section 3. Venue and Applicable Law This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or regulations of the United States of America, the State of Texas and the Members, and any other regulatory body having jurisdiction. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. Section 4. Public Information This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et sea., as amended (the "Texas Public Information Act") the same shall be of no force and effect. Section 5. No Third -Party Beneficiaries This Agreement is entered solely by and between, and may be enforced only by and among the Members. Except as set forth above, this Agreement shall not be deemed to create any rights in or obligations to any third parties. Section 6. No Personal Liability Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this Agreement. Section 7. No Joint Enterprise This Agreement is not intended to, and shall not be construed to create any joint enterprise between or among the Members. Section 8. No Indemnification The Members expressly acknowledge that the City's and County's authority to indemnify and/or hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution and any provision which purports to require indemnification by the City or County is invalid. Section 9. Compliance with Chapter 2270, Subtitle F. Title 10, Texas Government Code The Members each, individually, warrant that they are in compliance with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) it does not boycott Israel; and (2) it will not boycott Israel during the term of the Agreement. Section 10. Severability If any provision hereof or the application thereof to any person or circumstance is held to any extent, to be void, invalid or unenforceable, the remainder of this Agreement, and the application of such provision to other persons or circumstances, shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Section 11. Entire Agreement This agreement embodies the entire Agreement between the parties hereto relative to the subject matter hereof. The Members may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by an authorized representative of all Members and approved by all Members' governing bodies. Section 12. Sovereign Immunity Acknowledged and Retained THE MEMBERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY MEMBER OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A MEMBER MAY HAVE BY OPERATION OF LAW. THE CITY OF LUBBOCK AND LUBBOCK COUNTY RETAIN ALL GOVERNMENTAL IMMUNITIES. COMMISSIONER'S COURT OF LUBBOCK COUNTY, TEXAS: Curtis Parrish, County Judge pATEM"q, 2022 ATTEST: Kelly P m ounty Clerk CITY OF L OCK: Daniel M. Pope, MAYOR May 10, 2022 DATE ATTEST: Rebe a Garza, City Secreta APPROVED AS TO FORM: en giIrtstrict k, Civil Assis Attorney Health District Agreement 4.1122 APPRO ED AS TO CONTENT: W&L"- 14',"a'therine Wells Director of Public Health APPROVED AS TO FORM: Rya roo e Aorstant City Attorney