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
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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
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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
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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,
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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.
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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,