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Memo Resolution Certificate of Appointment for a local Health AuthorityCertificate of Appointment For a Local Health Authority I, Don Tat lor, acting in the capacity as a (Check the appropriate designation below) Non - physician and the Local Health Department Director __Mayor or Designee (City Manager) County Judge of Designee Chairperson of the Public Health District do hereby certify the physician, Fernando Guerra, M. D., who is licensed by the Texas Board of Medical Examiners, was duly appointed as the Local Health Authority for the Cite of Schertz, Texas. Date term of office begins October 28, 2008. Date term of office ends when removed by law, or contract. The Local Health Authority has been appointed and approved by the: (Check the appropriate designation below) Director, . City Council for the Ci(y of Schertz. Texas Commissioners Court for Board of Health for the County Public Health District I certify to the above information on this the 28Th daN of October 2008. - . Signature of appointing (See reverse side for instructions) Revised by the Division of Regional and Local Health Services, February 2008 STATE OF TEXAS § INTERLOCAL AGREEMENT § FOR DESIGNATION OF COUNTY OF BEXAR § HEALTH AUTHORITY This Interlocal Agreement (the "Agreement") is entered into under the authority of Government Code Chapter 791 and Health and Safety Code §121.028(c) by and between the County of Bexar, a political subdivision of the State of Texas ( "COUNTY "), the City of San Antonio ( "SAN ANTONIO "), a Texas Municipal Corporation, acting by and through its City Manager, and the municipalities that are listed and have signed below, all entirely or partially situated within Bexar County, Texas, through their duly authorized City Managers, Boards of Directors, or other lawfully designated representatives (each municipality shall hereinafter be referred to singularly as a "CITY" and collectively as the "CITIES "). WHEREAS, COUNTY and SAN ANTONIO are members of the San Antonio Metropolitan Health District (the "District "), a Public Health District under Health and Safety Code Chapter 121, Subchapter E; and WHEREAS, the Director of the District, Fernando A. Guerra, M.D., M.P.H., ( "Dr. Guerra"), has been designated as the Health Authority to administer state and local laws relating to public health within the jurisdiction of the District, which includes SAN ANTONIO and the unincorporated areas of Bexar County, but does not include the jurisdiction of any of the CITIES; and WHEREAS, in order to protect the health and safety of the public throughout Bexar County, to include areas within the jurisdiction of any of the CITIES, the CITIES desire to appoint Dr. Guerra, as the Health Authority of each CITY, in accordance with Government Code Chapter 791; NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to appoint Dr. Guerra as the Health Authority for each CITY and to describe the terms and conditions under which he will provide assistance to the CITIES. ARTICLE II TERM 2.01 This Agreement shall commence on the date Dr. Guerra qualifies as the CITIES' Health Authority by taking the oath of office and shall automatically renew thereafter for as long as Dr. Guerra continues to serve as the Director of the District. Health Authority Interlocal Agreement 2008 Pagel of 5 2.02 Any CITY may terminate this Agreement by giving ninety (90) days written notice to SAN ANTONIO and COUNTY. A termination by a CITY is only effective as to that CITY. A copy of this Agreement will be kept on file in the office of the District. ARTICLE III DESIGNATION OF HEALTH AUTHORITY 3.01 The CITIES agree to appoint Dr. Guerra to serve as the Health Authority pursuant to Health and Safety Code Chapter 121. The position of Health Authority is a public office to which the holdover provision of the Texas Constitution, Article XV1, Section 17, applies. The terms and conditions under which Dr. Guerra's authority is invoked are more fully described in Article IV hereinbelow. A copy of the Certificate of Appointment for each CITY is attached hereto as Exhibit "A» 3.02 The CITIES will re- appoint Dr. Guerra as their Health Authority upon expiration of his two - year term and Dr. Guerra will qualify to continue serving as the Health Authority for the CITIES by taking the oath of office and by filing all appropriate documentation with the state. ARTICLE IV EMERGENCY AND NON - EMERGENCY SERVICES 4.01 The parties hereto agree that in the event of an occurrence anywhere within COUNTY of: a) a chemical, nuclear, or biological agent, or b) a naturally- occurring catastrophe, including but not limited to an infectious disease, (an "Emergency Event") that, in the sole discretion of Dr. Guerra or his designee, constitutes a civil emergency and places the health and safety of the residents of Bexar County at risk, then Dr. Guerra shall be the Health Authority permitted to provide emergency assistance anywhere within Bexar County. The parties acknowledge that upon the occurrence of an Emergency Event, Dr. Guerra shall have all powers and duties granted to a Health Authority under Health and Safety Code § 121.024, including the authority to impose control measures to prevent the spread of disease in accordance with Health and Safety Code Chapter 81. 4.02 The parties hereto agree that a CITY may consult with Dr. Guerra regarding the remediation or abatement of a condition that threatens the public health in that CITY but is not an Emergency Event. However, no services shall be performed in that CITY by Dr. Guerra or the District without prior written authorization from CITY sent to the address set forth in section 5.01 of this Agreement. ARTICLE V COMPENSATION 5.01 The parties agree that, if Dr. Guerra provides services to a CITY in accordance with Article IV Sections 4.01 or 4.02, that CITY shall reimburse SAN ANTONIO on behalf of the District for those services actually rendered in accordance with Government Code Chapter 791.011(e) to the Health Authority Interlocal Agreement 2008 Page 2 of 5 address set forth below: San Antonio Metropolitan Health District Attn: Fiscal Division 332 W. Commerce San Antonio, Texas 78205 Compensation for the services shall be payable only out of current revenues available to such CITY. ARTICLE VI REPRESENTATIONS 6.01 Each CITY represents that it has, through resolution or other official action, designated Dr. Guerra as Health Authority and authorized him, or his designee, to provide emergency assistance as described herein. ARTICLE VII SEVERABILITY 7.01 If any provision is found to be invalid, all other provisions shall nevertheless remain in effect. ARTICLE VIII GOVERNING LAW 8.01 This Agreement shall be governed by the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Bexar County, Texas. In any legal action arising from this Agreement, the laws of Texas shall apply. Left Blank Intentionally Health Authority Interlocal Agreement 2008 Page 3 of 5 ARTICLE IX MULTIPLE COUNTERPARTS 9.01 For the convenience of the parties, this Agreement has been executed in counterpart copies, which are in all respects identical and each of which shall be deemed to be complete in itself so that any one may be introduced in evidence or used for any other purpose without the production of the other counterparts. EXECUTED THIS DAY OF , 2008. COUNTY OF BEXAR: NELSON W. WOLFF County Judge Date: ATTEST: GERARD RICKHOFF County Clerk APPROVED AS TO LEGAL FORM: SUSAN D. REED Criminal District Attorney Bexar County, Texas APPROVED AS TO FINANCIAL CONTENT: TOMMY TOMPKINS County Auditor Health Authority Interlocal Agreement 2008 Page 4 of 5 DAVID SMITH Budget Officer HEALTH AUTHORITY: FERNANDO A. GUERRA, M.D., M.P.H. Director, San Antonio Metropolitan Health District Date: CITY OF SAN ANTONIO: FRANCES A. GONZALEZ Assistant City Manager Date: APPROVED AS TO LEGAL FORM: MICHAEL D. BERNARD City Attorney for the City of San Antonio Date: Health Authority Interlocal Agreement 2008 Page 5 of 5 City of Schertz Signature Page to Interlocal Agreement for Designation of Health Authority CITY OF SCHERTZ: By: Don Taylor City Manager �- Date: October 28,2008 Addendum to Interlocal Agreement for Designation of Health Authority Dr. Guerra agrees that, in connection with his service as Health Authority to the City of Schertz, Section 4.01 of the Interlocal Agreement for Designation of Health Authority shall include all of the City of Schertz (which is located in Bexar, Comal, and Guadalupe Counties) and shall not be limited to the portion of the City of Schertz in Bexar County. HEALTH AUTHORITY: CITY OF SCHERTZ: By: Fernando A. Guerra, M.D., M.P.H. Don Taylor Director, San Antonio Metropolitan Health District City Manager Date: November . 2008 Date: October 28,2008 50110746.1 Milt' Susan D. Reed Criminal District Attorney Bexar County, Texas September 19, 2008 Honorable Hal Baldwin Mayor, City of Schertz 1400 Parkway Schertz, Texas 78154 Dear Mayor and City Council: In the aftermath of 9/11, we invited the municipalities located in Bexar County to appointment Dr. Fernando Guerra, director of San Antonio Metropolitan Health District, as their health authority. We write at this time to invite you to reappoint Dr. Guerra. Pursuant to Texas Health and Safety Code § 121.023, the appointment of Dr. Guerra is effective for two years. Thus, we are again taking the lead to insure our community is safe by requesting that you select Dr. Guerra as the health authority for Schertz. We believe that having one health authority for the City, County and surrounding municipalities will insure swift action to prevent the potential spread of communicable or infectious agents and save lives. Through our mutual efforts, we can ensure the safety of our community. Dr. Fernando Guerra is well suited to be the health authority for Schertz. He currently serves as the local health authority for the Metropolitan Health District, which includes the City and the unincorporated areas of Bexar County. Dr. Guerra administers state and local laws relating to public health within the district. In addition, he provides emergency health services within the district, and has an exceptional facility and staff trained to properly handle emergency events involving chemical, nuclear, or biological agents or a naturally occurring catastrophe. He also has authority to impose control measures such as an area quarantine. A quarantine can only be ordered by a properly qualified and appointed health authority after having filed an oath of office and appointment with the Texas Board of Health. Before doing so he must consult with the elected official of that jurisdiction. If a health authority is not properly appointed, the duty would fall to State Officials as opposed to a local authority. Under state law, Dr. Guerra is permitted to serve as health authority for other jurisdictions pursuant to an interlocal agreement. Dr. Guerra has agreed to provide emergency services throughout Bexar County, including your municipality, in the event of a catastrophic occurrence. This would allow immediate local response preceding any state or federal involvement. This is similar to other interlocal emergency agreements in existence. To assist you in appointing Dr. Bexar County Justice Center * 300 Dolorosa, Fifth Floor * San Antonio, Texas 78205.3030 (210) 335 -2311 For Victim Assistance call (210) 335 -2105 Guerra as health authority for emergency purposes, should your jurisdiction choose to do this, we have enclosed an interlocal agreement with two signature pages for Schertz and a list of other cities we hope will participate. Also, please complete the health authority appointment and return it with the interlocal agreement signature pages. We will file the appointment with the Texas Department of State Health Services. In order to assure your citizens that their emergency health needs will be met, we strongly encourage you to appoint Dr. Guerra at your next scheduled meeting. Please feel free to contact us at anytime, or you may also have any of your questions or those raised by your staff answered by contacting Ed Schweninger, Chief of the Civil Section of the Criminal District Attorney's Office at 335 -2139. Please inform us of your decision in relation to this matter. If your City Council approves the interlocal agreement and the appointment of Dr. Guerra, please sign the enclosed documents and return them to Mr. Schweninger, Bexar County Criminal District Attorney's Office, 300 Dolorosa, Suite 4049, San Antonio, TX 78205. In order to simplify future reappointments, we have changed the interlocal agreement to automatically renew, if the following conditions are met: Dr. Guerra continues to serve as the Director of the District, you reappoint him, he takes the oath of office, and all appropriate documentation are filed with the state. We will send you the Certificate of Appointment for your execution every two years. We look forward to your cooperation in ensuring the protection of the health and safety of all residents of Bexar County. Once we have received signatures on the interlocal agreement from all participating cities, and Bexar County Commissioners Court and San Antonio City Council have approved the agreement, we will send conformed documents to all participants. i o f san D. Reed County Judge Bexar County Criminal District Attorney Enclosures: Certificate of Appointment Interlocal Agreement Signature Pages (2) cc: Fernando A. Guerra, M.D., M.P.H. San Antonio Metropolitan Health District LISTS OF POTENTIAL PARTICIPATING CITIES Honorable Louis Cooper Honorable Kirk W. Francis Mayor, City of Alamo Heights Mayor, City of Hill Country Village 6116 Broadway 116 Aspen Lane San Antonio, Texas 78209 San Antonio, Texas 78232 Honorable Suzanne De Leon Honorable Richard McIlveen Mayor, City of Balcones Heights Mayor, City of Hollywood Park 3300 Hillcrest 2 Mecca Drive San Antonio, Texas 78201 Hollywood Park, Texas 78232 Honorable Marcy Harper Honorable Johnny Doffek, Jr. Mayor, City of Castle Hills Mayor, City of Kirby 209 Lemonwood 112 Bauman San Antonio, Texas 78213 San Antonio, Texas 78219 Honorable Dennis Dunk Honorable Chris Riley Mayor, City of China Grove Mayor, City of Leon Valley 2412 FM 1516 South 6400 El Verde Road San Antonio, Texas 78263 Leon Valley, Texas 78238 -2399 Honorable Al Suarez Honorable Joe Painter Mayor, City of Converse Mayor, City of Live Oak 403 S. Seguin 8001 Shin Oak Drive Converse, Texas 78109 Live Oak, Texas 78233 Honorable Thomas P. Hicks Honorable Mark Bowen Mayor, City of Elmendorf Mayor, City of Lytle P.O. Box 247 P.O. Box 743 Elmendorf, Texas 78112 Lytle, Texas 78052 Honorable Dan Kasprowicz Honorable Ronald Tefteller Mayor, City of Fair Oaks Ranch Mayor, City of Olmos Park 7286 Dietz Elkhorn Road 119 W. El Prado Drive Fair Oaks Ranch, Texas 78015 San Antonio, Texas 78212 Honorable Donald Darst Honorable Mary Jo Dylla Mayor, City of Grey Forest Mayor, City of St. Hedwig 18502 Scenic Loop Road P.O. Box 40 Grey Forest, Texas 78023 St. Hedwig, Texas 78152 Honorable Thomas Schoolcraft Honorable Hal Baldwin Mayor, City of Helotes Mayor, City of Schertz P.O. Box 507 1400 Schertz Parkway Helotes, Texas 78023 Schertz, Texas 78154 Honorable Jim Parma Mayor, City of Selma 9375 Corporate Drive Selma, Texas 78154 Honorable A. David Marne Mayor, City of Shavano Park 900 Saddletree Court San Antonio, Texas 78231 Honorable Paul G. Cuellar Mayor, City of Somerset 7360 East 6t' Street Somerset, Texas 78069 Honorable J. Brad Kamp Mayor, City of Terrell Hills 5100 N. New Braunfels San Antonio, Texas 78209 Honorable John Williams Mayor, City of Universal City 2150 Universal City Blvd. Universal City, Texas 78148 Honorable Jack Leonhardt Mayor, City of Windcrest 8601 Midcrown Drive Windcrest, Texas 78239