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Home My WebLink AboutResolution - 2009-R0124 - Memo Of Agreement - South Plains Public Health District - 04/09/2009Resolution No. 2009-R0124 Apr il 9, 2009 Item No. 5.15 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Memorandum of Agreement for the provision of regional assistance, by and between the City of Lubbock, Department of State Health Services Region 1, City of Amarillo, and the South Plains Public Health District, 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 this __ 9_t_h __ day of ____ A�p�r_i_l ____ , 2009. TOM MARTIN, MAYOR APPROVED AS TO CONTENT: , Nancy Hane)f �cutive Dire tor of Health i APPROVED \slo FO� <� r·¢... ') ,,.. ... .., \, i gs:ccdocs/Memorandum Agnnnt-Regional Assistance.res I ' 3.16.09 Contract: 8935 Resolution No. 2009-R0124 MEMORANDUM OF AGREEMENT FOR THE PROVISION OF REGIONAL ASSISTANCE This Memorandum of Agreement is entered into by the Department of State Health Services Region 1, City of Lubbock Health Department, City of Amarillo Department of Public Health, and the South Plains Public Health District. I. Purpose The intent of this Agreement is to make equipment, personnel and other resources available to other Parties to the Agreement. This Agreement provides for mutual aid and assistance between the Parties entering into the Agreement when the resources normally available to a Party are not sufficient to cope with a situation which requires public health action. The public's health and well being will best be protected through the concerted efforts of multiple public health agencies providing assistance to one another. Each Party recognizes that public health emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential for the protection of lives and for best use of available assets. The system shall provide for mutual assistance among the Parties in the prevention of, response to, and recovery from, any public health emergency. Health Services Region 1 of the Department of State Health Services, City of Lubbock Health Department, City of Amarillo Department of Public Health, and the South Plains Public Health District · are required by emergency management plans and by grant directives, to plan and prepare for public health emergencies which may result from natural or man-made causes. During such an emergency, it may be necessary to immunize or shelter large numbers of people in the area served by the Departments and/or the Region. The Departments and the Region have purchased, through Public Health Emergency Preparedness grants and other funds, equipment to assist in the response to potential terrorist attacks, natural or man made disasters. 1. Definitions Terms in this agreement shall have the following meanings: 1) "Party" or "Parties" means, collectively, the City of Lubbock Health Department, City of Amarillo Department of Public Health, South Plains Public Health District, and the Health Services Region 1 of the Department of State Health Services. 2) "Department" means the City of Lubbock Health Department, City of Amarillo Department of Public Health or South Plains Public Health District. 3) "Region" means the Health Services Region 1 of the Department of State Health Services. 4) "Homeland security activity" means any activity related to the prevention or discovery of, response to, or recovery from a terrorist attack, natural or man-made Page 1 disaster, hostile military or paramilitary action, or extraordinary law enforcement emergency. 5) "Local Government" means a county, municipality, special district, or any corporate/political entity organized under the laws of the State of Texas or a state that borders the State of Texas. 6) "Requestor" means a jurisdiction within Public Health Region 1 that experiences a public health emergency requiring assistance and equipment from the Departments and Region. 7) "Response Equipment" means the any equipment purchased by the Department or the Region, possessed and maintained by the Department or Region for the purposes of responding to a public health emergency. 8) "Emergency Responders" means individuals either paid or volunteers who respond to emergency situations, catastrophic incidents, or homeland security activities. This shall include, but is not limited to: Fire Services, Law Enforcement, Public Works Employees, Public Health, Public Communications, and Government Administration. 9) "Mutual aid" means aid to another public health agency in the form of personnel, equipment, facilities, services, supplies, or other resources appropriate to public health programs, including but not limited to inspections; vaccination clinics; centers for the distribution of pharmaceuticals; administrative assistance; specimen collection, conveyance, and testing; consulting; environmental assessment; and other programs 1 0) "Public health emergency" is an occurrence or condition within a Party's jurisdiction which results in a situation of such magnitude or consequence that it cannot be adequately handled by the Party such that the Party determines the necessity and advisability of requesting mutual aid, including but not limited to, bioterrorism or terrorism events, outbreaks or release of dangerously contagious or infectious disease, infectious agents, chemical agents, or toxins, natural disasters, technological hazards, man-made disasters, civil emergencies, community disorders, insurgency, enemy attack, or other public health emergencies that possess the high probability of death, long-term disability, or substantial future harm in the affected population. II. Public Health Emergency This agreement as pertains to equipment usage will go into effect only if: 1) The Commissioner of Health or the local health authority declares a public health emergency where large scale immunization or treatment is necessary as a control Page2 measure for an outbreak of communicable disease or if mass prophylaxis against bioterrorism agent or other infectious disease is required or if mass care sheltering is required. III. Obligations of the Department/Region 1) The Parties agree to house the equipment as a part of the Parties' asset inventory. 2) The Parties agree to maintain liability insurance and insurance covering damage to the equipment through the Parties' insurance policy. 3) The Parties agree to provide preventive maintenance and other customary maintenance procedures on Response Equipment. 4) The Parties agree to initiate a response immediately upon notification and will endeavor to have equipment available for pick-up or delivery within sixty (60) minutes of notification and to advise the requestor when the equipment is available. The requesting Party shall include in its request for assistance the amount and the type of equipment and the number of personnel, if any, requested and shall specify the location where the equipment and personnel are needed. The responding Party shall have exclusive authority to determine the type of equipment and the number of personnel to be furnished. No Party may make any claim whatsoever against the other Party for refusal to send the requested equipment or personnel. 5) Upon receipt of Response Equipment, the Party is responsible for maintaining the physical security and integrity of the equipment. The Party is responsible for loss or damage to Response Equipment, except for expendable supplies. 6) The Parties have "first refusal" on Response Equipment based on jurisdictional need. Parties shall render assistance to the extent that personnel, equipment, and resources are available. A responding Party may withhold resources to the extent necessary to provide reasonable protection and services for its own jurisdiction. 7) The Parties to this Agreement agree to provide the support and services specified in this Agreement. To the extent that any third-party payor, such as the United States Government, has funds or processes available for reimbursement of a Party's activities under this Agreement, the Parties agree to cooperate fully with one another in submitting any appropriate claim(s) for reimbursement and providing copies of records necessary to submit claims. 8) To the extent reimbursement is obtained as contemplated in Subsection 7, any responding Party rendering aid pursuant to this Agreement shall be reimbursed by the Party receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment and for the cost of all materials, transportation, wages, salaries and maintenance of personnel and equipment incurred in connection with such request. Nothing contained Page 3 herein shall prevent any responding Party from assuming such loss, damage, expense or other cost or from donating such services to the receiving Party without charge or cost. IV. Civil Liability The parties understand and agree that this Memorandum of Agreement is executed under the provisions of Chapter 791 of the Texas Government Code (The Interlocal Cooperation Act) and Chapter 421 of the Texas Government Code (the Texas Homeland Security Act). The parties intend and understand that pursuant to Chapter 421 of the Texas Government Code, an officer or employee of a state or local agency performing a homeland security activity or a volunteer performing a homeland security activity at the request or under the direction of an officer or employee of a state or local agency is considered for purposes of Section 431.085 to be a member of the state military forces ordered into active service of the state by proper authority and is considered to be discharging a duty in that capacity if: (1) the officer, employee, or volunteer is performing the homeland security activity under circumstances described in the governor's homeland security strategy; (2) in the case of a volunteer, the volunteer is acting within the course and scope of the request or direction of the officer or employee of the state or local agency; and (3) in the case of an officer or employee of a state or local agency, the officer or employee is acting within the course and scope of the person's authority. Section 431.085 of the Texas Government Code provides generally that a member of the state military forces ordered into active service of the state by proper authority is not civilly liable for an act performed in the discharge of duty. It is the intent of this agreement that to the fullest extent allowed by law, any local agency providing services under this contract shall not be liable for any civil liability resulting from activities under this contract in furtherance of a homeland security activity. V. Term This Agreement becomes effective after approval of the governing bodies of the Departments and the Region as indicated below. This contract may be terminated upon the following occurrences: a. Mutual agreement of the Parties; b. In the event the Response Equipment should be damaged or destroyed and not replaced. Nothing in this agreement shall be construed as requiring the Department/Region to any person or entity except as expressly provided in this agreement. Page4 c. This agreement is effective upon execution by authorized signatories and shall terminate July 31, 2013. This agreement may be terminated by either Party upon 30 days notice in writing by one Party to the other. Signed on this, the "-;.4/1..._ day of ___ A_.p�r_i_l ___ _ ,� 2009. f0P��.� Dr. PetefPel1dgfaSS,' Regi&nal Medical Director Tom�,�::P Health Services Region 1 Department of State Health Services Bob Burnette, CPM, CTPM Director, Client Services Contracting Unit Department of State Health Services JJ�:f1ultL� Vee Ann Carter Emergency Preparedness Coordinator South Plains Public Health District Approved as to Content Page 5 City of Lubbock ATTEST: Alan Taylor, City City of Amarillo Approved as to Form ealth