HomeMy WebLinkAboutC2009-146 - 4/21/2009 - Approved~~~~
The State of Texas §
County of Nueces §
REFORMATION OF THE
COOPERATIVE AGREEMENT
TO OPERATE
A PUBLIC HEALTH DISTRICT
WHEREAS, former Article 4436b of the Revised Civil Statutes of Texas, also
known as the "Local Public Health Reorganization Act, authorizes the establishment of
public health districts in order to operate and promote effective local public health
programs within a consistent and flexible framework through cooperative agreement of
counties and incorporated municipalities situated therein;
WHEREAS, the City of Corpus Christi and Nueces County, Texas, have
previously entered into a cooperative agreement pursuant to prior State law for the
cooperative administration of local public health programs;
WHEREAS, the Local Public Health Reorganization Act provided for the
reorganization of the City-County Health Unit under Article IV of the Act;
WHEREAS, by majority vote of the Commissioners' Court of Nueces County,
Texas, and by majority vote of the City Council of the City of Corpus Christi, Texas, the
Corpus Christi-Nueces County Public Health District (the "Health District") was
established;
WHEREAS, the Public Health District established by the parties under the Act,
such Act now codified as Chapter 121 of the Texas Health and Safety Code, has
operated continuously without interruption under the existing cooperative agreement;
and
WHEREAS, by majority vote of each of the members of the Health District, the
cooperative agreement to establish the Health District is hereby reformed in writing, as
set out in this instrument, as a written modification of the existing agreement under
revised terms and conditions.
ARTICLE I
Section 1. Parties to the Agreement.
(A) This agreement ("Agreement") is entered into between Nueces County, Texas
(also referred to as the "County"), and the City of Corpus Christi, Texas (also referred to
as the "City"), as the original Health District members.
(B) The representatives of the original members shall be the City Manager of the City
2009-146 County Judge of Nueces County.
04/21/09
Res. 028130
Vueces County, Texas
(C) The parties hereby agree to operate the Health District covering the areas within
the corporate limits of the City of Corpus Christi and Nueces County.
(D) The parties agreed, through a Memorandum of Understanding (the "MOU")
executed on September 11, 2008, to develop a plan (the "Plan") to accomplish one
unified Health District personnel policy, purchasing policy, and other operating pro-
cedures as set out in the goals of the MOU, attached to this Agreement as Attachment
"A" and which is incorporated by reference in this Agreement as if set out in full.
(E) The parties agreed and approved the Plan prepared in accordance with the intent
of the MOU, such Plan being entitled "Terms and Conditions," attached to this
Agreement as Attachment "B," and incorporated by reference in this Agreement as if set
out in full. The Terms and Conditions may be modified by the members from time to
time in accordance with the provisions of this Agreement regarding modification.
ARTICLE II
Section 1. Organizational Structure.
(A) This Agreement shall continue the previous activities and organization of the
Corpus Christi-Nueces County Department of Public Health and the current activities of
the Health District.
(B) The City and County employees performing the governmental functions of the
Health District under this Agreement are considered Health District employees. A copy
of the organizational structure of the Health District is attached to this Agreement as
Attachment "C" and is incorporated by reference in this Agreement as if set out in full.
Section 2. Health District Activities.
(A) The Health District employees shall carry out public health activities for which
funding may be approved including, but not limited to:
(1) Clinical public health activities for maternal and child health, family,
planning, communicable disease control including immunization, sexually
transmitted disease, tuberculosis control, and epidemiologic investigation
of reportable diseases, chronic disease prevention, and other programs to
prevent and minimize diseases of public health significance;
(2) Environmental health programs for prevention of diseases spread by food,
prevention of diseases spread by insects (mosquito control), provision of
potable water, disposal of putrescible wastes, and prevention of pollution
of air, water and air affecting the residents of the Health District; and
(3) Provision of necessary administrative support and health promotion
activities including, but not limited to laboratory services, vital statistics
and data collection, budgeting, and personnel activities necessary to carry
out items 1 and 2 above.
Health Dist Trans Agmt Final Reformed Master 20090410 (3) (3) Page 2 of 6
(B) In addition to the above-referenced general activities, the Health District
employees will perform other special activities financially supported by members of the
Health District.
ARTICLE III
Financial Administration.
(A) The members of the Health District may provide such local funds as they may
deem necessary which, with State and other funds, will be used to operate the Health
District.
(B) The members of the Health District shall comply with the Terms and Conditions
set out in Attachment B in the administration of the Health District.
ARTICLE IV
Modification of Cooaerative Agreement.
This Agreement, including the attached Terms and Conditions, may be modified by
appropriate notification and written agreement of each of the member representatives
with the approval of the governing bodies of each member.
ARTICLE V
Section 1. Admission of New Members
Additional governmental entities may request membership in the Health District, for the
purpose of receiving public health services, by application to the representatives of the
original members. Additional members shall contribute financially to the operation of
the Health District in relation to the cost of provision of services for that new member.
Section 2. Withdrawal from Health District
Members may withdraw from the Health District upon not less than 90 days written
notice to all other members, with the understanding that all services provided to the
withdrawing member as the result of membership in the Health District shall cease to
that member.
Section 3. Expulsion from Health District.
Members may be expelled from membership in the Health District by agreement of the
original members of the Health District. Prior to such expulsion, the affected party shall
be given reasonable opportunity to correct the action leading to such expulsion.
Health Dist Trans Agmt Final Reformed Master 20090410 (3) (3) Page 3 of 6
Section 4. Dissolution of Health District.
The Health District may be dissolved by joint agreement of Nueces County and the City
of Corpus Christi.
ARTICLE VI
Health District Director.
(A) The Health District Director shall be hired by the members of the Health District
paying the salary for said Health District Director and shall serve at the pleasure of the
members of the Health District paying the salary of said Health District Director.
(B) The Health District Director may be hired to serve as both the Health Authority for
the Health District and as the director of the Health District or may be hired to serve only
as the director of the Health District.
(C) If the Health District Director is hired to serve as both the director and Health
Authority, the Health District Director shall be a physician that meets the requirements
of the State Board of Health and shall reside in the Health District.
(D) If the Health District Director is not hired to serve as the Health Authority for the
Health District, the Health District shall also independently hire a person to serve as the
Health Authority for the Health District as an independent contractor. The Health
Authority shall be a physician that meets the requirements of the State Board of Health
and shall reside in the Health District.
(E) In the event a separate Health Authority is hired, the Health District shall pay the
Health Authority by contract approved and executed by both members of the Health
District. The County will reimburse the City 50% of the contract cost.
ARTICLE VII
Advisory Public Health Board.
The members of the Health District may, by separate intergovernmental agreement,
establish or continue an Advisory Public Health Board, but the intent of this Agreement
is that all authority shall rest with the governmental members of the Health District, the
Health Authority, and as provided by State law.
ARTICLE VIII
Filing of Agreement and Modifications.
A copy of this Agreement, including its attachments and counterparts, and any
subsequent modifications shall be included in the minutes of the governing body of each
member of the Health District and filed with the county clerk of each member county,
Health Dist Trans Agmt Final Reformed Master 20090410 (3) (3) Page 4 of 6
the city secretary of each member municipality, and the Texas Department of State
Health Services.
ARTICLE IX
Effective date of Agreement.
Following the approval of the governing body of each member and execution by the
designated representative of each memb r, the reformed Agreement shall supersede
the existing agreement and take effect ~, 2009.
(EXECUTION PAGE FOLLOWS)
Health Dist Trans Agmt Final Reformed Master 20090410 (3) (3) Page 5 of 6
Executed this ` "~ day of
ATTEST:
~PR l (~ ,Zoos
~~J ~
~~ a ~~~.,
Diana Barrera
County Clerk
~~
APPROVED as to form:
our Garza-Jimenez
County Attorney
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: _~~4~/F1-'1
Mary Kay Fischer, City Attorney
Eliza th Hundl y
Assi ant City Attomey
NUECES COUNTY, TEXAS
'C Neal,
Judge
CITY OF CORPUS CHRISTI, TEXAS
t+-~
`A el .Escobar
Ci Manager
Gag
aY C~urrcu.
sSCaEtiau~v
Health Dist Trans Agmt Final Reformed Master 20090410 (3) (3) Page 6 of 6
Attachment "A" ~~-p ~-s-- l o
MEMORANDUM OF UNDERSTANDIN()
'WHERERAS, the City of Corpus Christi (the "City") and Nueces County (the "County")
entered into a Cooperative Agreement To Operate A Public Health District, ex~uted July
31, 1984, (the "Agreement's which created the City of Corpus Christi•Nueces County
Texas Public Health District (the "Health District'; and
WHEREAS, the City of Corpus Christi and Nueces County are members of the Health
District. Each provide resources to operate the Health District, such as staff, equipment,
supplies, software, etc; and
WHEREAS, city employees and coumy employees providing the governmental fltnctions
of the Health District under the Agreement are considered Health District Employees;
and
WHEREAS, the City and County have operated the Health District continuously since
July 31, 1984; and
WHEREAS, the Health District's mission statement is to prevent disease and disability,
maintain a healthy environment, promote healthy lifestyle, thereby, increasing the quality
and length of life, striving towards health atxl wellbeing of the community, achieving
access to prevonflve health services for all Nueces County residents; and
WHEREAS, it is envisioned that increased operational efficiencies maybe attained
through organizational and policy changes which would result in the Health District
functioning under one unified Health District personnel policy, purchasing policy, and
other operating procedures.
NOW, THEREFORE, the City and the County agree to direct Uteir respective staffs to
work jointly to develop aril present to the City and the County within 90•days a detailed
plan to accomplish the following:
1. Develop a single Pay Schedule for all Health District employees to be used by
both the City payroll and County payroll in compensating their respective
cmployees.
2. Place all Health District employees under the City's current policy for annual
accrual and use ofpaid-time-off (vacation, sick days, holidays, funeral leave,
personal days).
3. Place all Health District employees under the City's travel policy, including
mileage reimbtuaement rate and per diem rates.
4. Develop a unified Health District employee incentive program to include
service awards and ]nsta Bucks awards for excellence in service.
2008-323
09/09!08
Res. 027849
Nueces County
5.. Place the purchasing function for the entire Health District under the City's
Purchasing Department.
6. Transfer one (1) County Sanitarian position and one (1) County Sanitarian
Inspector position from the County's payroll and employmem to the City's
payroll and employment. The City shall retain all inspection fee revenues
collected for inspections within the City and the Health District shall retain all
inspection fee revenues for inspections in the unincorporated areas of the
County. The Health District shall continue to provide inspection services to
the unincorpomted areas of the County.
7. The City and the County shall share in funding salary and benefits of the
Director and Assistant Director of Public Health Administration positions at
the percentage of 60% City and 40% County. The Director shall be hired by
and report m the City Manager and the County Judge. The Assistant Director
shall be hired by the Director with the concurrence of the City Manager and
the County Judge. The Assistant Director shall report to the Director.
8. The City employee benefits and County employee benefits including
Retirement, Health Insurance, Life Insurance, Flexible Benefit, Deferred
Compensation and other Benefit Plans shall remain unchanged.
9. The City and County Animal Control and Vector Control operations and
policies shall remain unchanged.
10. Either the City or the County may apply for and implement a Grant on behalf
of the Health District.
this ~ day of 2008.
NUECES COUNTY, TEXAS
~ •~~~
,County Clerk Samuel L. Neal, Jr., Cow udg
APPROVED:
C
La a Garza Jimenez, Count Attorne
ATTEST:
Armando Chapa, City Secretary
APPROVED:
Mar y F er, iry Attorney
CITX OF CORPUS CHRISTI, TEXAS
r
(~~~
e Escobar, City Manager (Interim)
Iy~.A..t.J... MfIt10A12~D
SI' l~1UNQIL„,.Q~Q, 0~
SEORl1'ARY IG(0•
~ i ,
ATTACHMENT"B"
TERMS AND CONDITIONS
OF THE
REFORMED COOPERATIVE AGREEMENT
BETWEEN
NUECES COUNTY AND THE CITY OF CORPUS CHRISTI
REGARDING
THE CITY/COUNTY HEALTH DISTRICT
THE TERMS AND CONDITIONS SPECIFIED IN THIS DOCUMENT (REFERRED TO AS
"TERMS AND CONDITIONS") ARE INCORPORATED BY REFERENCE IN THE
REFORMED COOPERATIVE AGREEMENT EXECUTED BY NUECES COUNTY
("COUNTY") AND THE CITY OF CORPUS CHRISTI ("CITY") ON ~t i ~ ~`, 2009, AS
MEMBERS OF THE HEALTH DISTRICT.
THESE TERMS AND CONDITIONS MAY BE MODIFIED BY THE CITY AND COUNTY
FROM TIME TO TIME IN THE MANNER SET OUT IN THE COOPERATIVE AGREEMENT.
A. DEVELOP A SINGLE PAY SCHEDULE FOR ALL HEALTH DISTRICT EMPLOYEES
TO BE USED BY BOTH CITY PAYROLL AND COUNTY PAYROLL IN
COMPENSATING THE HEALTH DISTRICT EMPLOYEES. (MOU Item 1)
1. Existing City (27) and County (22) Health District positions were reviewed, compared
(see Attachment "1 ," entitled "Health District Job Title and Pay Grade Assignment,"
which is attached to these Terms and Conditions and incorporated in this document as
if set out in full), and matched for placement in the Health District combined pay plan
("Pay Plan"), which Pay Plan is attached to these Terms and Conditions as
Attachment "2" and incorporated in this document as if set out in full. City and County
representatives working on the Pay Plan project have agreed on the results of such
review.
2. Job titles have been consolidated or created to provide consistency between the City
and County; see Attachment "1 ".
Health District-Terms & Conditions Page 1 of 14
3. The Pay Plan was developed, as agreed in the original Memorandum of
Understanding ("MOU") dated September 11, 2008, based upon the City's existing pay
plan structures. City and County representatives working on the Pay Plan project
have agreed on the implementation of the Pay Plan.
a. Future changes to the Pay Plan or Health District employee pay adjustments,
to include general pay increases or pay range structure movements, shall be
established or modified by mutual and written agreement between the City
Manager and County Judge to ensure pay adjustments for each Health District
member are consistent, subject to final approval by the governing bodies of the
City and County.
b. The County does not have a performance appraisal merit pay system. In the
event of future City merit pay increases, utilizing the City's performance
appraisal process, the pay increase for any Health District employee shall be by
mutual and written agreement between the City Manager and County Judge to
ensure pay adjustments for each Health District member are consistent, subject
to final approval by the governing bodies of the City and County.
c. Future policy and ordinance changes approved by the City Manager or the City
Council, respectively, shall be implemented for all City employees except
Health District employees until such changes are mutually agreed by the City
Manager and the County Judge, subject to final approval by the governing
bodies of the City and County, unless mandated by State or federal law, rules,
or regulations.
d. Future pay changes made by the County Commissioners' Court shall be
implemented for all County employees except Health District employees until
mutually agreed by the City Manager and the County Judge, subject to final
approval by the governing bodies of the City and County, unless mandated by
State or federal law, rules, or regulations.
Health District-Terms & Conditions Page 2 of 14
4. The County shall increase pay for the one (1) Lab Technician position, whose current
pay, prior to implementation of these Terms and Conditions, is below the Pay Plan
minimum pay.
5. The City and County are presently on different biweekly pay schedules and work
weeks, and this condition shall continue by both members without change.
6. The County administers a longevity pay program for County employees; the City does
not currently have a longevity pay program. This condition will continue as follows:
a. The County has determined that the existing seven (7) County employees
assigned to the Health District that are currently eligible for longevity pay shall
receive an adjustment to their base rate, to incorporate the longevity pay
benefit, and will no longer be eligible to receive the annual longevity pay benefit.
b. The County has determined that for the twelve (12) County employees, with
years of service greater than one (1) year yet less than ten (10) years, who by
their years of service are not eligible to receive longevity pay, shall receive a
prorated amount of longevity pay incorporated into their hourly base rate and
will not be eligible to receive the annual longevity pay benefit.
7. The County shall adopt, for County employees assigned to the Health District, the
City's policies and practices regarding pay and pay adjustments as outlined in the
City's policy HR 4.0--Classification and Compensation ("HR 4.0 Policy").
a. Changes to the Health District Job Title and Pay Grade Assignment
(Attachment "1"), with respect to the review of a new or existing job position,
shall follow the City's job evaluation process.
b. Salary assignments and pay practices associated with new hires, promotions,
demotions, lateral transfers, part time and temporary positions, return to work
from leave of absences, position classification changes, and other pay changes,
Health District-Terms & Conditions Page 3 of 14
as stated in the HR 4.0 Policy, shall be complied with by the County as noted in
the City's HR 4.0 Policy and as amended in compliance with future City
ordinance changes or as changed in policy by the City Manager, subject to the
implementation provisions of A.3.c. of these Terms and Conditions..
B. ACCRUAL AND USE OF PAID-TIME-OFF (VACATION, SICK DAYS, HOLIDAYS,
FUNERAL LEAVE, PERSONAL DAYS) (MOU Item 2)
1. The County shall adopt, for County employees assigned to the Health District, the
City's programs pertaining to holidays, bereavement leave, and personal leave.
a. The County shall adopt the City's seven (7) holidays, as such holidays are
specified in City Ordinance.
b. The County shall adopt the City's bereavement leave provisions, as such
bereavement leave provisions are specified in City Ordinance. The City
presently provides twenty-four (24) hours of bereavement leave.
c. The County shall adopt the City's personal leave provisions, as such personal
leave provisions are specified in City Ordinance. The City presently provides
forty (40) personal leave hours on August 15t of each fiscal year. Personal
leave time must be expended prior to July 15th each year; no carryover of
personal leave time into the next fiscal year is allowed. For purposes of this
subsection, the County's current fiscal year will apply to the calculation of
personal leave time for County employees. Personal leave time granted to
County employees will be pro-rated concurrent with the implementation date of
the underlying Cooperative Agreement and these Terms and Conditions.
2. The County shall continue to follow existing County programs pertaining to accrual of
vacation and sick leave for County employees assigned to the Health District.
Health District-Terms & Conditions Page 4 of 14
3. The City shall continue to follow existing City programs pertaining to accrual of
vacation and sick leave for City employees assigned to the Health District, as outlined
in City Ordinance.
C. PLACE ALL HEALTH DISTRICT EMPLOYEES UNDER THE CITY'S TRAVEL
POLICY, INCLUDING USAGE OF THE MILEAGE REIMBURSEMENT RATE AND
PER DIEM RATES. (MOU Item 3)
1. The County shall adopt, for the County employees assigned to the Health District, the
City's policies regarding travel and mileage reimbursement.
2. The County shall reimburse the City, based upon the rates established in the City's
policies, for all travel and mileage reimbursement incurred by any County employee
assigned to the Health District.
3. The City shall establish vendor numbers for each County employee assigned to the
Health District, to be used to pay travel and mileage reimbursement per City policy.
4. The City shall notify the County when a change is made to the City's travel and
mileage reimbursement policy and when the mileage reimbursement rate changes.
D. DEVELOP A UNIFIED HEALTH DISTRICT EMPLOYEE INCENTIVE PROGRAM TO
INCLUDE SERVICE AWARDS AND INSTABUCKS AWARDS FOR EXCELLENCE
IN SERVICE. (MOU Item 4)
1. The County shall, for County employees assigned to the Health District, adopt the
City's InstaBucks Program. Such InstaBucks Program payments are taxable income
to employees and shall be paid by the County through its payroll system.
2. The County shall, for County employees assigned to the Health District, adopt the
City's Continuous Learning Recognition Program. The County will reimburse one
Health District-Terms & Conditions Page 5 of 14
hundred percent (100°/a) of the cost of any such award presented to a County
employee assigned to the Health District.
3. The County shall, for County employees assigned to the Health District, adopt the
City's Service Award Program and will develop, acquire, and coordinate such service
award recognition for any County employee assigned to the Health District.
4. The County shall, for County employees assigned to the Health District, adopt the
City's Retirement Award Program and will administer such program. Payments of
such awards are taxable income to employees and shall be paid by the County
through its payroll system.
E. PLACE THE PURCHASING FUNCTION FOR THE ENTIRE HEALTH DISTRICT
UNDER THE CITY'S PURCHASING DIVISION. (MOU Item 5)
1. The Purchasing functions will be administered by the Purchasing Division of the City's
Financial Services Department as follows:
a. The City shall follow all Federal and State statutes applicable to purchases
made for the benefit of the Health District.
b. The City shall follow all City purchasing policies when processing purchases for
the benefit of the Health District.
c. The County shall provide the City with the County's department numbers.
Additionally, the County shall provide to the City new department numbers for
new grant years and for new grants.
d. The City shall set up several new department numbers to be assigned to the
County, which department numbers will be used by the City to request
reimbursements. The selection of these new department numbers will be
mutually agreed upon by the City and County within 10 business days of the
Health District-Terms 8 Conditions Page 6 of 14
implementation of the underlying Cooperative Agreement and these Terms and
Conditions. Across reference chart of the new department numbers shall be
provided by the City to the County.
e. The City shall be responsible for IRS form 1099 reporting.
f. The County shall reimburse the City for purchases incurred for the Health
District as follows:
(i.) The City shall invoice the County on a monthly basis for reimbursements.
(ii.) Health District personnel shall reconcile the City's P-Card purchases. No
County P-Cards will be used by Health District personnel.
(iii.) The administrative offices of the Health District will retain the original in-
voice for purchases transacted with a P-Card, and the City will retain
original invoices for all other purchases transacted with other means.
(iv.) The administrative offices of the Health District shall provide to the
County Auditor's Office a summary of purchases and attach copies of
invoices to a summary that breaks the cost into the department codes
and object codes that the County uses. In addition, the summary of
purchases should show year-to-date expenditures, what was previously
billed and reimbursed, and amount currently being billed.
(v.) The administrative offices of the Health District shall provide the County
Auditor's Office with monthly summary financial reports generated by the
City's general ledger financial software system, to include the
department/project number and a detailed transaction listing, along with
copies of all invoices.
Health District-Terms & Conditions Page 7 of 14
g. The County shall provide the City, within 10 working days of the implementation
of these Terms and Conditions and the underlying Cooperative Agreement, with
the balance of amounts in all applicable Health District accounts available for
reimbursement to the City for the remainder of the City's current fiscal year,
ending July 31, 2009. Reimbursed dollar amounts to the City are limited to the
Health District's departmental totals in the County's FY08/09 budget for all
items purchased. Reimbursed dollar amounts to the City in all future fiscal
years will be similarly limited as well, based on the County's approved
departmental budgets for the Health District. The County Auditor shall annually
provide the City with the budgets for all Health District divisions and individual
grants, following the approval by the County Commissioners' Court of each
annual County fiscal budget.
h. The County shall only reimburse the purchase of capital items that have been
budgeted by the County as capital items. All purchases of County-budgeted
Health District capital items, excluding those items which cost less than $1,000,
must be pre-approved by the County. Items purchased that cost less than
$1,000 shall be reimbursed by the County up to the level of the County's Health
District budget allocation.
i. Upon implementation of the underlying Cooperative Agreement and these
Terms and Conditions, the Health District will no longer use the County's supply
warehouse and will utilize the City's supply warehouse.
j. Upon implementation of the underlying Cooperative Agreement and these
Terms and Conditions, the County shall cancel the Health District's County P-
Card, and the Health District will be issued a City P-Card.
k. The County shall use the County's budget year for expenses, with the exception
of grants. The County shall use grant contract dates as the budget year for
grants.
Health District-Terms & Conditions Page 8 of 14
I. The City shall ensure that expenditures paid in a new budget year or new grant
year for the immediate prior year are accrued to the appropriate grant or
department budget year.
2. The following inventory tracking systems will be implemented:
a. The City shall tag fixed assets with the City's red inventory tags for items
purchased with County funds that cost more than $1,000.00 and for items on
the exception list that cost less than $1,000.
b. The City shall create a separate expense code, entitled "Minor Equipment," for
items that cost over $1,000 but under $5,000.
c. The County Auditor's Office shall prepare a fixed assets inventory card for
purchases made by the Health District with County funds and send the card to
the County's Purchasing Department.
d. The County Auditor's Office shall enter into the Bi-tech system the City's
inventory tag number and asset information.
e. Within 60 days of the implementation date of the underlying Agreement and
these Terms and Conditions, the County Purchasing Department shall conduct
a physical inventory of Health District property (e.g., furniture, fixtures, and
equipment) that was purchased with County funds prior to the implementation
of the underlying Agreement. Upon completion, the Health District Director or
designee shall sign off on the results of the physical inventory. The physical
inventory results will be reported to the County Auditor's Office for follow-up
action to be taken by approval of the Commissioners' Court in order to enter
changes into the Bi-tech system.
3. With regard to cell phone usage, the following procedures will be implemented:
Health District-Terms & Conditions Page 9 of 14
a. Cell phones and cell phone accounts of County employees assigned to the
Health District under department 3091 will be transferred to the City's cell
phone contract, and all cell phone assignments and usage under department
3091 will follow City cell phone policies.
b. Cell phone expenses incurred by County employees assigned to the Health
District under department 3091 will be part of the City's reimbursement request
to the County.
c. Cell phones and cell phone accounts of County employees assigned to the
Health District under the County's PHP grant will remain under an existing
separate contract, invoiced directly to the Health District, until such future time
as the need arises for the County to remove or cancel this arrangement.
d. Cell phone expenses incurred by County employees assigned to the Health
District under the County's Public Health Preparedness ("PHP") grant will be
part of the City's reimbursement request to the County.
4. The County's copiers presently located at the Health District will remain on the
County's contract until such future time as a need arises for the County to remove or
cancel this arrangement.
F. TRANSFER ONE (1) COUNTY SANITARIAN POSITION AND ONE (1)
COUNTY SANITATION INSPECTOR POSITION FROM THE COUNTY'S
PAYROLL AND EMPLOYMENT TO THE CITY'S PAYROLL AND
EMPLOYMENT. THE CITY SHALL RETAIN ALL INSPECTION FEE
REVENUES COLLECTED FOR INSPECTIONS WITHIN THE CITY AND THE
HEALTH DISTRICT SHALL RETAIN ALL INSPECTION FEE REVENUES FOR
INSPECTIONS IN THE UNINCORPORATED AREAS OF THE COUNTY. THE
HEALTH DISTRICT SHALL CONTINUE TO PROVIDE INSPECTION
SERVICES TO THE UNINCORPORATED AREAS OF THE COUNTY. (MOU
Item 6)
Health District-Terms & Conditions Page 10 of 14
1. The City shall acquire two (2) existing County positions assigned to the Health
District, whether occupied or vacant: one (1) County Sanitarian and one (1)
County Sanitation Inspector. If either of these two positions, or both, is filled upon
the implementation date of these Terms and Conditions and the underlying
Cooperative Agreement, the City shall assume liability for vacation and sick leave
balances at the time of employment transfer; vacation and sick leave balances
will comply with the City's maximum accrual allowance per City ordinance.
a. As of March 18, 2009, the County Sanitarian position was vacant and the
County Sanitation Inspector position was occupied. Attachment "3,"
entitled "Cost Impacts for County-to-City Employees," attached to these
Terms and Conditions and incorporated in this document as if set out in
full, outlines the City's potential liability pertaining to salaries, vacation
leave, and sick leave as of March 18, 2009.
2. In the event either position, or both positions, is acquired by the City in an
occupied status:
a. The City shall establish a City new hire date as of the effective date of the
employment;
b. The City shall establish an adjusted service date in order to give credit for
the employee's original County employment date, thereby, allowing the
employee to accrue vacation hours based upon total years of service with
the County and City.
c. The City's retirement plan, TMRS, recognizes Nueces County's retirement
plan participation, so the employee will receive credit for years of service
with the County.
Health District-Terms & Conditions Page 11 of 14
3. In the event either position, or both positions, is acquired by the City in a vacant
status:
a. The position will be recruited and filled based on the City's recruitment and
hiring practice.
b. The vacation and sick leave accruals for the position will be based upon
the City date of hire.
4 The City shall retain inspection fee revenues collected for inspections conducted
within the City.
5. The Health District shall continue to provide health inspections in the
unincorporated areas of the County.
6. The Health District shall retain all inspection fee revenues for inspections in the
unincorporated areas of the County, as well as with other contracted entities
outside of the City's city limits.
a. The revenue fees will be placed in the County's Special Revenue Account
for the Health District, Department 1362, Food and Sanitation Fee
Account.
G. THE CITY AND COUNTY SHALL SHARE IN FUNDING SALARY AND BENEFITS
OF THE DIRECTOR AND ASSISTANT DIRECTOR OF PUBLIC HEALTH
ADMINISTRATION POSITIONS AT THE PERCENTAGE OF 60% CITY AND 40%
COUNTY. THE DIRECTOR SHALL BE HIRED BY AND REPORT TO THE CITY
MANAGER AND THE COUNTY JUDGE. THE ASSISTANT DIRECTOR SHALL BE
HIRED BY THE DIRECTOR WITH THE CONCURRENCE OF THE CITY MANAGER
AND THE COUNTY JUDGE. THE ASSISTANT DIRECTOR SHALL REPORT TO
THE DIRECTOR. (MOU Item 7)
Health District-Terms & Conditions Page 12 of 14
1. The Director and Assistant Director positions will remain in the City's Executive Pay
Plan.
2. City policy provides a car allowance for Director and Assistant Director positions, as
well as for employees serving in these positions in an "acting" capacity.
3. The County shall continue to reimburse the City for 40% of the salary and benefits,
including the City's car allowance, for the Acting Director.
4. The County has been providing a car allowance benefit to the current Acting Director
of the Health District.
a. The County shall no longer pay a car allowance benefit to the current Acting
Director. The current Acting Director shall continue to receive a car allowance
as provided by City policy.
b. The car allowance benefit, currently paid by the County to the Acting Director,
which is $182.24 per pay period, will be added by the City as an additional pay
item for the current Acting Director while serving in an "acting" capacity.
(i.) This additional car allowance, being paid to the current Acting Director,
will end when the Director position is filled on a regular, full-time basis
and is no longer being filled by an employee in an "acting" capacity.
5. The County will not share in the funding of the salary or benefits of the current
Assistant Director position while it is being filled in an "acting' capacity. When the
Health District fills the Assistant Director position on a regular, full-time basis, the
County shall begin reimbursing the City for 40% of the salary and benefits, including
the City's car allowance, for the Assistant Director position.
6. When the Health District fills the Director and Assistant Director positions on a regular,
full-time basis, the City shall prepare an invoice detailing the salary, benefits, and car
Health District-Terms & Conditions Page 13 of 14
allowance costs by pay period and show the 40% amount owed to the City by the
County. This invoice shall be sent to the County monthly.
H. ESSENTIAL SERVICES PERSONNEL
1. The County shall, for County employees assigned to the Health District, adopt the
City's policy and practices pertaining to Essential Services Personnel in the event of
an emergency or disaster.
a. County employees assigned to the Health District will no longer be eligible for
the ten (10) days of paid leave for hours not able to work due to an
emergency/disaster, with the potential of more days paid leave if so deemed by
the Commissioners Court, as provided in the County's Civil Service Rules.
Attachments:
Attachment "1"-Health District Job Title and Pay Grade Assignment
Attachment "2" -Health District Pay Plan HTH for Combined City/County Positions
Attachment "3" -Cost Impacts for County-to-City Employees
Health District-Terms & Conditions Page 14 of 14
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Attachment " 2"
HEALTH DISTRICT PAY PLAN
FOR COMBINED CITY/COUNTY POSITIONS
Pav Plan HTH
Pay Plan HTH includes all positions in the Health District. These positions may be designated as either
exempt from overtime under the FLSA or as non-exempt and eligible for overtime under the FLSA. The
pay grades and ranges for positions in Pay Plan HTH are as follows:
Pay Plan HTH
Health District
H10-49 Non-Exempt (FLSA Overtime Eligible)
H50-99 Exempt (FLSA Overtime Ineligible)
Effective upon approval of County and City
i
H11 $17,066 $22,743 $28,420
H12 18,432 23,936 29,440
H13 19,998 25,970 31,942
H14 21,797 28,307 34,817
H15 23,867 30,995 38,124
H16 26,254 34,096 41,938
H17 29,011 37,675 46,340
H18 31,728 41,583 51,438
H52 28,144 38,527 48,909
H53 30,536 41,802 53,066
H54 33,286 45,565 57,844
H55 36,448 49,894 63,340
H56 40,093 54,853 69,613
H57 44,305 60,648 76,991
H58 49,177 67,320 85,461
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