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:
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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
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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
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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.
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•
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
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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
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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.