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HomeMy WebLinkAboutPR 15620: INTERLOCAL AGREEMENT WITH PAISDMemorandum City of Port Arthur, Texas Health Department TO: Stephen Fitzgibbons, City Manager FROM: Yoshi D. Alexander, MBA-HCM, Health Director~'T DATE: November 10, 2009 ''t' SUBJECT: Proposed Resolution No. 15620 Approval of an Interlocal Agreement between the City of Port Arthur And the PAISD RECOMMENDATION It is recommended that the City Council approve P.R. No. 15620, approving an Interlocal Agreement for use of PAISD facilities during a public health emergency which may result from natural or man-made causes. BACKGROUND The City of Port Arthur receives public health prepazedness grant funds from the Texas Department of State Health Services to plan and prepare for a public health emergency which may result from natural or man-made causes. Such an event may require the City to immunize or treat large numbers of people in the azea served by the City and the PAISD. The PAISD possesses facilities that are qualified to serve if mass immunization or treatment is necessary and have agreed to makes facilities available as needed during a public health emergency. BUDGETARY AND FISCAL EFFECT None. STAFFING EFFECT None. SUMMARY It is recommended that the City Council approve P.R. No. 15620, approving an Interlocal Agreement for use of PAISD facilities during a public health emergency which may result from natural or man-made causes. P. R. NO. 15620 11/10/09-yda RESOLUTION NO. A RESOLUTION APPROVING AN IPITERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE PORTARTHUR INDEPENDENT SCHOOL DISTRICT WHEREAS, it is deemed in the best interests of the City of Port Arthur and the Port Arthur Independent School District to authorize an Interlocal Agreement as it pertains to the use of school facilities during a public health emergency which may result from natural or man-made causes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That, the facts and opinions in the preamble aze true and correct; Section 2. That, the City Manager and City's Health Director aze herein authorized to execute the Interlocal Agreement in substantially the same form as attached hereto as Exhibit "A". Section 3. That, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of November 2009 A.D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote: P. R. NO. 15620 11/10/09-yda AYES: Mayor: Council members: NOES: ATTEST: Terri Hanks, City Secretary APPROVED AS TO FORM: Val Tizeno, Acti City Attorney APPROVED FOR ADMINISTRATION: ~~ Stephe n Fitzgibbons, City Manager Mayor L~.~.~~ oshi D. Alexander, MBA-HCM Director of Health Services EXHIBIT "A" Interlocal Agreement Between The City of Port Arthur and The Port Arthur Independent School District This Interlocal Agreement ("Agreement:) is entered into between the City of Port Arthur Health Department ("City") and the Port Arthur Independent School District ("District"). The City's Health Department is a local health department under Chapter 121 of the Health and Safety Code. The Interlocal Cooperation Act, Government Code Chapter 791, governs this Agreement. The District is an Independent School District organized under Education Code Chapter 11. I. Purpose The City of Port Arthur receives public health preparedness grant funds from the Texas Department of State Health Services to plan and prepaze for a public health emergency which may result from natural or man made causes. During such an emergency, it may be necessary to immunize or treat all or large numbers of people in the azea served by the City and the District. Prior public health experience with mass immunizations has shown that schools are well suited to this activity because: 1) their location is known to large numbers of individuals within the community; 2) they have large assembly areas; and 3) they have other necessary facilities such as refrigeration and restrooms. The City has concluded that the District possesses facilities that aze qualified to serve if mass immunization or treatment is necessary. The District desires to be helpful as possible in the event of a public health emergency, and agrees to make its facilities available for purposes of mass immunization or treatment, under the terms set out below. The City and the District have concluded that this use of the facilities is a "governmental function" as defined in the Interlocal Agreement Act. II. Public Health Emergency This agreement will go into effect only if: 1) The Commissioner of Health or the local health authority declare that lazge scale immunization or treatment is necessazy as a control measure for an outbreak of communicable disease; and, 2) Classes at the facility aze either not scheduled, or are canceled. III. Obligations of the City 1) The City will supply or arrange for all equipment, vaccine, medicine and personnel necessary to administer the vaccine or medication. 2) The City will supply or arrange for all equipment and personnel necessary for staffing, security, crowd control and other tasks, except as described in Section IV below. 3) The City will be responsible for disposal of medical waste and disinfection at the facility following its use for the emergency. The health authority will provide written assurance of its safety for use as a school facility following its use. 4) The City will be responsible for any damage to property belonging to the District as a result of its use during the public health emergency. 5) The City is responsible for the acts and negligence of its employees or volunteers, under state and federal law. IV. Obligations of the District 1) The District is responsible for allowing the use of the facility and all utilities (gas, electric, water, and telecommunications) normally associated with its use as a school facility. 2) The District is responsible for providing use of all rooms, fixtures, and equipment existing at the facility that the City regards as necessary for on site use during the period of the emergency. 3) The District will provide at least one person on-site during the period of emergency use with access to the rooms, fixtures and equipment described above. 4) The District is responsible for the acts and negligence of its employees or volunteers, under state and federal law. V. Term This agreement becomes effective when approved by the governing body of the City and District. It may be canceled by either party by giving thirty days notice to the other parry, otherwise it remains in effect for five years and may be renewed by mutual agreement. VI. Execution THE CITY OF PORT ARTHUR Stephen Fitzgibbons, City Manager Yoshi D. Alexander, MBA-HCM Director of Health Services THE DISTRICT (PAISD) Dr. Johnny Brown, Superintendent PAISD Board President PAISD Attorney Date Date Date Date Date