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HomeMy WebLinkAbout00751RESOLUTION NO. 7 _�F/ A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO AND THE COUNTY OF PUEBLO AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A certain AGREEMENT, a copy of which is attached hereto and made a part hereof by reference, by and between Pueblo, a Municipal Corporation, and the County of Pueblo, relating to the operation of the City - County Health Department be and the same is hereby approved. SECTION 2. The President of the Council is hereby authorized to execute said contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. INTRODUCED t 1956 BY �;V.1 Councilman APPROVED President of Ithd Council ATTEST: C t Clerk Y V.: AGREEMENT THIS AGREEMENT made this 12 day of March, 1956 by and between PUEBLO, a Municipal Corporation, hereinafter referred to as the City, and the COUNTY OF PUEBLO, hereinafter referred to as the County. WITNESSETH: WHEREAS, the City and the County are operating a City- County Health Department under the terms of an agreement dated April 10, 1952; and, WHEREAS, the voters of the City, at a municipal election held November 8, 1955, did approve the use of certain funds derived from the 1947 Hospital Bond issue for the purpose of providing a building and site for Administrative offices of the Pueblo City - County Health Unit and associated public clinics and laboratories, which funds are presently stated to be in the total amount of $90,000; and, WHEREAS, the County has agreed and does hereby agree, to provide a sum equal to that provided by the City to provide such building and site; and, WHEREAS, the agreement dated April 10, 1952, provides that it may be amended by the mutual agreement of both parties, it not being broad enough in its present terms to cover the provision of a building and site: TERMINATION NOW, THEREFORE, in consideration of the premises and of the mutual agreements OF PRESENT herein contained it is agreed between the parties hereto asfollows: AGREEMENT 1. Upon execution of this agreement the April 10, 1952 agreement shall be terminated. DEPARTMENT 2. A joint City- County Health Department, hereafter referred to as the CREATED Department hereby established with all authority, rights and duties outlined by the statues of the State of Colorado governing the operation of joint health departments except as herein specifically limited or otherwise agreed upon by the terms of this unless replaced as herein provided. As the terms of the present members expire, the City Council and Board of County Commissioners shall alternate in the appointment of a person to fill the vacancy, beginning with the appointment by the Board of County Commissioners of a member of the Board for the term expiring June 30, 1961; provided, that the appointment for the term expiring June 30, 1962, and every fifth year thereafter, shall be a joint appointment by both of the parties hereto of a person mutually agreeable to both parties. VACANCIES agreement, said Department to be designated as the Pueblo City- County Health Department. HEALTH 3. A. The general policies and operations of the Department shall be BOARD directed by a Board designated as the Health Board. The Board shall be composed of SCHEDULE five members, each of whom shall be appointed for a five year term beginning as of TERMS July 1, of the year of appointment. The appointing party may terminate any appointment ANNUAL made by it at will, and appoint another person to serve the remainder of the term. One BUDGET member of the Board shall be appointed each year, except as herein otherwise stated. ALTERNATING The present members of the Board appointed under the terms of the Agreement of APPOINTMENTS April 10, 1952, by and between the parties hereto, shall serve out their respective terms unless replaced as herein provided. As the terms of the present members expire, the City Council and Board of County Commissioners shall alternate in the appointment of a person to fill the vacancy, beginning with the appointment by the Board of County Commissioners of a member of the Board for the term expiring June 30, 1961; provided, that the appointment for the term expiring June 30, 1962, and every fifth year thereafter, shall be a joint appointment by both of the parties hereto of a person mutually agreeable to both parties. VACANCIES B. Appointments to fill vacancies shall be made by the party making the original appointment and the appointment shall be made to fill out the balance of the term. DIRECTOR 4. The Department shall be headed by a Director appointed by the Board to SALARY serve at the pleasure of the Board. The Director's salary, and the salaries of all SCHEDULE employees of the Department, shall be determined by the Board, subject to the approval by resolution of the City Council and the County Commissioners ANNUAL 5.A. Not later than September 1s' of each year the Board shall submit to the City BUDGET Council and Board of County Commissioners, for approval, by resolution in writing, a budget for operating the Department for the ensuing fiscal year. The parties hereto may revise or reduce said budget by mutual consent before approving it. SOURCE B. From the total of the budget so agreed upon shall be deducted the amount OF REVENUE of any money that may be available from unexpended surpluses, state or federal funds, or other grants, donations, and collection of health connected fees by the Department, and the balance shall be the amount to be paid by the parties to this agreement. The 2 contribution of each party shall be computed by the following formula: DIVISION C - %EC = Sc B - %EC OF COSTS C = the contribution of the City, %E = that percentage of the total assessed evaluation of the County lying wholly within the City, B = the net budget of the Department after unexpended surpluses, state or federal funds, or other grants, donations and collections of health connected fees by the Department are deducted, and Sc = that percentage of the total services of the Department which are rendered wholly within the City. Said formula shall remain unchanged for each succeeding year; provided, however, that for each fiscal year the assessed evaluation ( %E) and the per cent of services (Sc) shall be based on the previous fiscal year's calculations. The Department shall be RECORDS OF responsible for determining the percentage of services (Sc), and shall keep all records DEPARTMENT used in determining such figure so that the same may be verified upon the demand of either party hereto. Such records shall be kept for a period of at least one year following the fiscal year in which made. This formula shall not apply in the year 1956. DUTIES OF 6. The department shall perform all of the duties and functions as specified in DEPARTMENT the statutes of the State of Colorado governing the operation of joint health departments except as herein specifically modified and changed. The Department shall enforce all health ordinances or statutes in effect in the City of Pueblo or in the County of Pueblo and in addition thereto shall perform the following functions: (a) Vital Statistics: The collection, filing and use of birth and death certificates and morbidity records, and the interpretation of these data to determine the content and effect of the overall public health program. (b) Health Education: The education of the public through the media of the press and radio, visual aids and bulletins prepared and distributed by the Department. (c) Communicable Disease Control Compilation of communicable disease reports, and the employment of means and methods to prevent or control all communicable diseases spread by direct or indirect routes. (d) Public Health Laboratory Laboratory investigation into the transmission of disease directly from one person to another or through water, milk, meat, food, or other 3 media; chemical analysis of food, water, sewage or other materials; all plant and operational tests and other tests necessary from the standpoint of public health. Either in the Public Health Laboratory, or through contracting with other laboratories, perform clinical tests necessary for patients seen in Clinics by the Health Department. (e) Sanitation: Inspections and /or supervision of all food handling and processing operations, sewage disposal facilities, trash and garbage collection, schools, swimming pools, trailer camps, dude ranches and water supplies. To maintain insect and rodent control, nuisance abatement, stream pollution control and any other situations where the environment effects the Public Health. (f) Public Health Nursing: Providing nursing care and health guidance to individuals and families regardless of social or economic status, in the home, at work, school and Public Health Centers. (g) School Health: The Health Department is responsible for the School Health Programs, however, School Boards may carry out their own policies and programs under the supervision of the Health Department. (h) Coordination: The Department may accept the responsibility for coordinating the work of voluntary health agencies, and may conduct joint projects with voluntary health agencies and may receive and disperse funds for such purpose. (i) Clinics: Operate clinics for the control of communicable diseases, and for the protection and improvement of child health including prenatal and well baby care. May administer such other Clinics as are deemed to be in the best interest of the Public. For example: The Health Department may provide clinic services for the medical indigent but would not have legal responsibility for providing medical care to the indigent. DUTIES NOT 7. The Department shall not operate the water systems, City or County Dumps, RESPONSIBILITY sewage disposal plants, City or County building inspection departments, sanitation OF DEPARTMENT districts, weights and measures, or garbage disposal systems, but will maintain supervision of the public health aspects of their activities as required by law. the Department shall not be required to make physical examinations of City or County employees or job applicants. STATUS OF 8. The civil service provisions of the Charter of the City of Pueblo shall apply EMPLOYEES to all employees of the Department who were employees of the City Health Department 4 on and prior to April 10, 1952, but shall not apply to those who have since become employee of said Department. All present and future employees of the Department shall be under the supervision of the Director of the Health Department. OWNERSHIP 9. Title to all real and personal property used by the Department in its operations OF PROPERTY shall be taken and held in the name of the County of Pueblo; provided, however, that title to the quarters in the City Hall, presently occupied by the Department pending the construction of a City- County Health Building, shall continue to be held by the City. USE OF The County covenants and agrees that such premises may be used for such PROPERTY lawful uses and activities and no other as may be performed by the Department under this agreement as the same may be now or hereafter altered, amended or superceded. It is expressly understood and agreed that said premises, or any part thereof, shall not at any time be used or permitted to be used by the County or the Department, or either of them, for any purpose other than as herein expressly permitted. APPLICATION 10. For the purpose of providing a site, constructing and equipping a City- County FOR Health Building, the County shall file an application with the Colorado State Department FEDERAL AID of Public Health for a grant of federal funds. After deducting the amount of the federal grant from the total cost of said site, building, furnishings and equipment, the City shall pay one -half of the remaining cost, not to exceed, however, that amount approved by the CITY SHARE voters of the City as recited above, and the County shall pay the balance of said cost. COUNTY SHARE It is understood by both parties hereto that neither party shall be obligated hereunder to contribute an amount greater than the other, it being the intention that both parties shall contribute an equal amount; however, it is further understood that nothing herein shall be construed to forbid either party to contribute a larger amount it if should so desire. BUILDING 11. For the purpose of handling the details of the acquisition of the site, COMMITTEE employment of architectural and engineering services, and construction of thebuilding, a Building Committee is hereby appointed consisting of one member of the Board of County Commissioners, one member of the City Council, one member of the Health Board. CONTRACTS (a) Contracts for architectural and engineering services purchaseof equipment LET IN NAME and furnishings, and construction of the building shall be let in the name of the County. OF COUNTY Bids shall be taken for all materials and services, except those of a professional nature, 5 DIRECTOR TO E. The Director of the Health Department shall make monthly reports to the MAKE MONTHLY City Council and the Board of County Commissioners regarding the financial status REPORTS of the Department, its programs, accomplishments, and such other information upon such forms as either the City or County shall require from time to time. MEETINGS 15. Upon request of the City Council, Board of County Commissioners, or the UPON CALL Health Board, meetings shall be called for the purpose of discussing operating policies or any other matter that any of the three agencies may desire to discuss. TERM OF 16. This agreement shall be in full force and effect for a period of one (1) AGREEMENT year from and after the date of its execution and from year to year thereafter unless sooner terminated or amended by either party upon written notice to the other given TERMINATION ninety (90) days prior to the end of a budget year. This agreement may be amended or cancelled at any time upon mutual agreement of the parties hereto. DISPOSITION 17. In the event of termination of this agreement, either party hereto may offer UPON to sell to the other its interest in such property at the actual cost price of its interest, less TERMINATION depreciation on a straight line formula for the actual use of such property computed /on the basis of the normal life expectancy of such property, which for the purpose of this agreement, it hereby stated to be 50 years. In the event this agreement is terminated and in the further event neither party shall offer to sell or such offer shall be RENTS refused, all rents and profits thereafter deriving from the use of said property shall be distributed between the parties hereto in the same proportions as would prevail in the event of a sale as hereinafter set forth. Use of said property by either party hereto following termination of this agreement for any purpose whatsoever shall not be permitted except upon payment of a fair market rental to be distributed as above set forth. Neither party may alienate its interest herein to a third person or corporation, public or private, without the consent, in writing by resolution expressed, of the other DISTRIBUTION party first had. In the event such property shall be sold, whether by mutual agreement OF PROCEEDS of the parties or otherwise, the proceeds of such sale shall be distributed between the parties hereto as their interest shall appear in the relative proportions that each has contributed to the purchase of such property. 7 PUF'STA, a Municipal Corporation By r BZbeldent. of 8 C cll ATl'ESTi Clerk COUNTY OF MIMLO A W 44 rm.n , or / ice County • t f 7 ATTEM a er DEPUTY COUNTY C,