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R2009-124 - 2009-07-27RESOLUTION NO. R2009-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain interlocal agreement by and between the City of Pearland and Brazoria County, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an interlocal agreement with Brazoria County. PASSED, APPROVED and ADOPTED this the 27th day of A.D., 2009. ~~ ~ TOM REID MAYOR ATTEST: YO G L C CI SEC TARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY EXHIBIT ~(~ ~ ~ Interlocal Agreement between the City of Pearland and the Brazoria County Health Department This Interlocal Agreement (`Agreement") is entered into between the City of Pearland ("City"), and the Brazoria County through the Brazoria County Health Department (`Department"). The 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. I. Purpose Under a grant from the Texas Department of Health, the Department is required to plan and prepare for public health emergencies which may result from natural or man-made causes. During such an emergencies, it may be necessary to immunize or treat all or large numbers of people in the area served by the City and Department. It is the desire of the Department to provide such immunization or treatment to the First Responders within the City and identified adjacent areas prior to the general public. First Responders are identified in the Brazoria County Emergency Management Plan, Attachment B in Appendix 8, Annex H. The Department has concluded that the City possesses facilities that qualify to serve as a Staff Medication Station (SMS) if immunization or treatment is necessary for First Responders. The City desires to assist in the event of a public health emergency, and agrees to make certain law enforcement facilities available for purposes of First Responder immunization or treatment, under the terms set out below. The City and the Department have concluded that this contemplated use of the facilities is a "governmental function" as defined in the Interlocal Agreement Act, Texas Government Code §791.003(D) 1 Interlocal Agreement between the City of Pearland and the Brazoria County Health Department II. Public Health Emergency The obligations of the parties to this Agreement shall become effective upon the occurrence of the following: 1) The Commissioner of Health or the local health authority declare that large scale immunization or treatment is necessary as a control measure for an outbreak of communicable disease; and 2) The parties agree to the location of the facility or facilities to be utilized pursuant to this agreement and the extent to which each such facility or facilities shall be utilized concurrently or prior to any control measure declaration being made; and 3) The Department has the necessary stock pile of medications to provide vaccinations. III. Obligations of the Department 1) The Department shall supply or arrange for all equipment, vaccine, and medicine necessary to administer the vaccines or medications. 2) The Department shall be responsible for disposal of medical waste and disinfection at the facility following its use for the emergency. The Department shall provide written assurance that the SMS can be safely used as a law enforcement facility following its use as an SMS. 3) The Department shall be responsible for any damage to property belonging to the City as a result of its use during a public health emergency. And to the extent such can be determined; County shall reimburse City for utility costs incurred by City in carrying out the terms of this Agreement. Any amounts to be paid to the City under this Agreement shall be paid from current revenues available to the Department. 2 Interlocal Agreement between the City of Pearland and the Brazoria County Health Department IV. Obligations of the City 1) The City shall be responsible for allowing the use of the SMS normally associated with its use as a law enforcement facility or at another facility mutually acceptable to both parties. The City shall be responsible for providing use of all rooms, fixtures, and equipment existing at the facility that is necessary for on site use during the period of a Public Health Emergency. The City shall provide at least one person on-site during the Public Health Emergency to provide access to the rooms, fixtures and equipment referenced herein. 2) The City shall use its best effort to provide volunteers or personnel previously trained for service as a Medical Reserve Corps Volunteer. 3) The City shall supply or arrange for all equipment and personnel necessary for security and crowd control. 4) The City shall provide the Department with the number of First Responders needing treatment. 5) The City shall obtain all medications from the Department at its location at 432 E. Mulberry, Angleton, Texas, or at another location as specified by the Department. 6) The City shall return all undistributed vaccines or medications to the Department once the Department determines that the Public Health Emergency has ended. V. Term This agreement becomes effective upon approval of the governing bodies of the City and County. It may be terminated by either party by giving thirty (30) days notice to the other party; otherwise it shall remain in effect for five (5) years unless renewed by mutual agreement. 3 Interlocal Agreement between the City of Pearland and the Brazoria County Health Department VI. Miscellaneous 1) The parties intend that, in performing services under this Agreement, each party shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. Neither party is not to be considered an agent or employee of the other party. 2) The Rights and obligations of this Agreement shall not be assigned without prior written consent of the parties hereto. 3) This Agreement may only be amended, modified, or supplemented in writing and subsequently signed and dated by City, as acted upon by its City Council and County, as acted upon by its Commissioner's Court. 4) This Agreement and all obligations created hereunder shall be performable in Brazoria County, Texas. 5) This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 6) This Agreement shall be binding upon and inure to the benefit of the parties and their administrators, agents, employees, successors and assigns permitted by this Agreement. 7) To accomplish execution of the Agreement, it maybe executed in multiple counterparts. 4 Interlocal Agreement between the City of Pearland and the Brazoria County Health Department City of Pearland Printed Name for City of Pearland Date E. J. King, Brazoria County Judge Date Leo P. O'Gorman, Director, Brazoria Date County Health Department, Brazoria County Local Health Authority Interlocal Agreement between the City of Pearland and the Brazoria County Health Department ~, July 27, 2009 City of Pearland Date Bill Eisen, City Manager 7/27/09 Printed Name for City of Pearland ~-~i~~9 E. J. King, Brazoria ounty Judge Date Q~( ~j ~-(7_C9 Leo P. O'Gorman, Director, Brazoria Date County Health Department, Brazoria County Local Health Authority