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Ordinance No. 12,139ORDINANCE NO. 12,139 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR A MASS PROPHYLAXIS CLOSED POINT OF DISTRIBUTION TO DISPENSE MEDICATION AND SUPPLIES TO IDENTIFIED PERSONNEL, CONTRACTORS AND FAMILY MEMBERS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to execute and the City Clerk to attest to an Interlocal Agreement with Harris County for a mass prophylaxis closed point of distribution to dispense medication and supplies to identified personnel, contractors and family members. A copy of said agreement is attached hereto as Exhibit "A," and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote�f the City Council of the City of Baytown this the 13th day of December, 2012. ,� APPROVED AS TO FORM: mac. .._ OMM LOB M.10 I IN WAAMW1611 yt� 4 ISO$ DONCARLOS, R-Auenffiles \City Council \Ordinances @012\1)=mber 13\ InterlocalwithHarrisCounty4ClosedPODforMedication @Supplies.doc Exhibit "A" INTERLOCAL AGREEMENT This Agreement is made and entered by Harris County ( "County "), a body corporate and politic under the laws of the State of Texas, and City of Baytown. RECITALS: Harris County, acting through Harris County Public Health and Environmental Services ( "HCPHES "), participates in the Strategic National Stockpile ( "SNS "), which includes medications and medical supplies. Harris County desires to collaborate with City of Baytown, acting primarily through the Health Dept. Emergency Medical Services, to enhance Harris County's ability to respond to a catastrophic incident or other communicable threat. Harris County and City of Baytown desire to enter into an agreement for a mass prophylaxis closed point of dispensing ( "Closed Pod ") to dispense medications and supplies to identified City of Baytown, Critical Infrastructure /EmployeeNolunteer, contractors and their immediate family members. Harris County Commissioners Court finds that an agreement with City of Baytown for a Closed Pod serves a public purpose of Harris County. NOW, THEREFORE, Harris County and City of Baytown in consideration of the mutual covenants and agreements herein contained do mutually agree as follows: TERMS: I. Purpose To establish a cooperative agreement between Harris County, acting through Harris County Public Health and Environmental Services, and City of Baytown and to provide employees, contractors, and their immediate families with prophylaxis, vaccinations, or other related medical supplies or services in the event of a public health emergency as defined by local, state or federal governments. Harris County, acting through Harris County Public Health and Environmental Services, and City of Baytown agree to the following terms, conditions, and responsibilities expressed in this agreement. C.A. File No. 12GEN1539 II. Definitions Public Health Emergency: refers to any event, natural or manmade, that requires immediate public health intervention as defined by local, state or federal governments. Mass prophylaxis: refers to the administration of health interventions including antibiotics, vaccines, and /or antidotes to large numbers of persons to provide protection against disease and/or to prevent the spread of disease in the community. Critical Infrastructure /Employee/Volunteer: refers to a person in the service of City of Baytown either directly as an employee, volunteer, part of a government critical infrastructure City of Baytown who provides emergency services or supports government continuity of operation. Immediate Family: refers to a direct / immediate member of the family living within the same household as the employee. III. Responsibilities of City of Baytown Health Dept. EMS 1. Mass dispense to Employees /Contractors and their immediate family members during a public health emergency at City of Baytown sites as determined appropriate by the City Manager or his designee. 2. Attend Harris County Public Health and Environmental Services planning meetings when requested at an agreed schedule and meeting place. 3. Attend Harris County Public Health and Environmental Services training meetings and cooperate in training City of Baytown employees, when appropriate, to understand the contraindications, precautions, and administration of mass prophylaxis according to established Harris County Public Health and Environmental Services protocol. 4. Provide and maintain an agency Primary Contact to oversee operations of the organization or entities Pharmaceutical Dispensing Plan. 5. Provide and maintain a Plan Contact to coordinate the dispensing operations at the organization or entity site as well as coordinate additional trainings, if needed, at the Baytown, Texas site. 6. Provide and maintain a Medical Contact (on staff at the Baytown, Texas site and available 24/7) who will organize, coordinate, and oversee the dispensing of medications at the Baytown, Texas site. 7. Ensure that all employees involved in the administration of medication will first be provided the treatment themselves, if indicated. Furthermore, the decision as to who will subsequently receive the medication is to be solely decided by the City of Baytown City 2 Manager or the City Manager's designee. The method, manner, and order of treatment will be solely decided by City of Baytown. 8. Maintain documentation of any materials or supplies consumed in this effort. If applicable, during a federally declared disaster, reimbursement for the cost of those materials can be made according to federal guidelines. 9. Return all unused portions of the supplies, chemoprophylaxis, and / or vaccines to the Harris County, acting through Harris County Public Health and Environmental Services. 10. Provide to Harris County Public Health and Environmental Services a record of those who received the medications and / or vaccinations. When appropriate Harris County Public Health and Environmental Services will provide the necessary forms for tracking this information. IV. Duration of the Agreement This Agreement shall remain in place for two years from the date of signing unless otherwise agreed in writing by both parties. This Agreement may be terminated at any time, with sixty (60) days advanced written notification by either party. This Agreement becomes effective when executed by City of Baytown and Harris County. This Agreement shall be of no force or effect until approved in writing by the Executive Director of Harris County Public Health and Environmental Services and City of Baytown Manager. V. Amendments This Agreement may be amended by written agreement of both parties. VI. Points of Contact For Harris County Public Health and Environmental Services: Primary Contact: Mr. Mac McClendon, Chief Office of Public Health Preparedness Harris County Public Health and Environmental Services 2223 W. Loop South Houston, Texas 77027 -3588 Phone: 713- 439 -6020 For City of Baytown Primary Contact: City Manager City of Baytown 2401 Market Street Baytown, Texas 77520 Phone: 281- 420 -6500 3 VII. Notice All notices and communications under this Agreement must be mailed by certified mail, return - receipt requested, or delivered to the parties at the following addresses: To the County: Harris County Public Health and Environmental Services 2223 W. Loop South Houston, Texas 77027 -3580 Attention: Herminia Palacio, M.D., M.P.H., Executive Director To City of Baytown 2401 Market Street Baytown, TX 77520 Attention: City Manager These addresses may be changed upon giving prior written notice of the change. VIII. Governing Law This Agreement shall be interpreted under the laws of the State of Texas. Exclusive venue for any cause of action arising out of or in relation to this Agreement is in Harris County, Texas. IX. No County Funds Prior to execution of this Agreement, Harris County has advised City of Baytown that Harris County has certified no funds under this Agreement. City of Baytown shall have no cause of action whatsoever for money against Harris County arising out of or in relation to this Agreement. Neither City of Baytown nor Harris County assumes liability for any claims, demands, expenses, liabilities, or losses arising out or in relation to this Agreement. 4 • IN WITNESS WHEREOF, this instrument has been executed on behalf of Harris County by a duly authorized representative of Harris County, and on behalf of City of Baytown by a duly authorized representative of City of Baytown. APPROVED AS TO FORM: HARRIS COUNTY Harris County o ey V By: d By: 61- 6,4U,,IAlkitt,./ VA GAY ED EMMETT Assistant County Attorne County Judge JAM 2 9 n13 Date Signed: Approved: By: ERMIN AL CIO, M.D., M.P.H. Executive Director Harris County Public Health And Environmental ervipps Date Signed: `) APPRO::" g City of Baytown . • • • 7 it ll/ By it %� 6!`���'�t�-��i By: CIA '!ft Clerk R RT D. EIPER City Mana er ,I 1y�1••......•S.�P s Date Signed: 114 43 5 Ii THE STATE OF TEXAS § COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the day of JAN 2 9 2013 , 294.Zzith the following members present, to-wit: Ed Emmett County Judge El Franco Lee Commissioner, Precinct No. 1 Jack Morman Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 R. Jack Cagle Commissioner, Precinct No. 4 and the following members absent,to-wit: constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING AGREEMENT WITH CITY OF BAYTOWN Commissioner Lie{ introduce an Order and made a motion that the same be adopted. Commissioner CYA seconded the motion for adoption of the Order. The motion, carrying wi it the adoption of the Order,prevailed by the following vote: Yes No Abstain Judge Emmett ❑ ❑ Comm. Lee ❑ ❑ Comm. Morman 0 0 Comm. Radack 0 0 Comm. Cagle 0 0 The County Judge thereupon announced that the motion had duly and lawfully carried and that the Order had been duly and lawfully adopted. The Order thus adopted follows: RECITALS: Harris County, acting through Harris County Public Health and Environmental Services, participates in the Strategic National Stockpile ("SNS"), which includes medications and medical supplies. Presented to Commissioners Court JAN 292013 APPROVE L,\C� Recorded Vol_Page Harris County desires to collaborate with City of Baytown, acting primarily through the Emergency Medical Services Division, to enhance Harris County's ability to respond to a catastrophic incident or other communicable threat. Harris County and City of Baytown desire to enter into an agreement for a mass prophylaxis closed point of dispensing ("Closed Pod") to dispense medications and supplies to identified employees, patients/residents, contractors and their immediate family members. Harris County Commissioners Court finds that an agreement with City of Baytown for a Closed Pod serves a public purpose of Harris County. NOW THEREFORE, BE IT ORDERED BY THE COMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this Order are true and correct. Section 2: The Harris County Judge is hereby authorized to execute for and on behalf of Harris County an Agreement between Harris County and City of Baytown, acting primarily through the Emergency Medical Services Division for a mass prophylaxis closed point of dispensing to be used in the event of a public health emergency under the terms and provisions set out in the Agreement, which is incorporated by reference and made a part of this Order for all intents and purposes as though set out in full word for word. Section 3: All Harris County officials and employees are authorized to do any and all things necessary or convenient to accomplish the purpose of this Order.