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HomeMy WebLinkAboutdraft no. 5 Interlocal Agreement City-County Board of Health January 2022 INTERLOCAL AGREEMENT Page 1 of 7 INTERLOCAL AGREEMENT AMONG GALLATIN COUNTY, CITY OF BOZEMAN, AND CITY OF BELGRADE ESTABLISHING A CITY-COUNTY BOARD OF HEALTH This Interlocal Agreement (“Agreement”) is made pursuant to Title 7, Chapter 11, Part 1, Montana Code Annotated (“MCA”) among Gallatin County (County), a political subdivision of the State of Montana, with principal offices at 311 West Main Street, Bozeman, Montana 59715, the City of Bozeman, with principal offices at 121 N Rouse Avenue, Bozeman, Montana 59715, and the City of Belgrade, with principal offices at 91 East Central Avenue, Belgrade, Montana 59714 (hereafter “Parties” or “the Parties”). WHEREAS, the Parties have the authority to enter into this Agreement pursuant to Sections 7-11-101 through 7-11-108, MCA; and WHEREAS, Gallatin County, the City of Bozeman, and the City of Belgrade are separate legal entities that have individual rights and duties as outlined in the Montana Code Annotated; and WHEREAS, §50-2-105, MCA requires a city board of health in each first- and second-class city; and WHEREAS, §50-2-106, MCA authorizes formation of a City-County Board of Health; and WHEREAS, Gallatin County and the City of Bozeman have previously entered into an Interlocal Agreement establishing a City-County Board of Health; and WHEREAS, the City of Belgrade is now required to have a Board of Health and desires to be a party to a City-County Board of Health with Gallatin County and the City of Bozeman; and WHEREAS, §50-1-101(8)(c), MCA (2021) provides that a “local governing body” is “the entity identified as the governing body as established in the bylaws, interlocal agreement, or memorandum of understanding creating a city-county local board of health . . .”; and WHEREAS, it is financially and operationally efficient and advantageous to the Parties and the public to create a City-County Board of Health. NOW, THEREFORE, in consideration of the mutual promises, benefits, and covenants made herein, the Parties agree as follows: 1. PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this Agreement is to establish a City-County Board of Health among Gallatin County and the Cities of Bozeman and Belgrade and to define the membership and responsibilities of the Parties and the Board. INTERLOCAL AGREEMENT Page 2 of 7 2. SEPARATE LEGAL ENTITY. No separate legal entity is created by this Agreement. 3. FINANCING AND BUDGETING. The Governing Body may use any of the methods enumerated in §50-2-111, MCA (2021), or as that statute may later be amended, to finance the City-County Board of Health created by this Agreement. 4. GOVERNING BODY. The Governing Body of the City-County Board of Health is the Board of County Commissioners (Option 1) OR made up of the Board of County Commissioners plus one (1) Bozeman City Commissioners and one (1) Belgrade City Councilor (Option 2). The Governing Body shall perform the following responsibilities: a. Appoint a Local Health Officer. b. Adopt a budget that provides for the efficient and effective operation of the Health Department. c. The Board of County Commissioners will be responsible to hire, manage and supervise all Health Department employees, including the Local Health Officer, consistent with Gallatin County’s personnel policies. d. Subject to the provisions of § 50-2-130, MCA, adopt regulations that are not less stringent than state standards for the control and disposal of sewage from private and public buildings and facilities that are not regulated by Title 75, Chapter 6, or Title 76, Chapter 4, Montana Code Annotated. e. Adopt necessary fees to administer regulations for the control and disposal of sewage from private and public buildings and facilities. f. Adopt regulations that do not conflict with §50-50-126, MCA, or rules adopted by the Montana Department of Public Health and Human Services: i. for the control of communicable diseases; ii. for the removal of filth that might cause disease or adversely affect public health; iii. subject to the provisions of §50-2-130, MCA, for sanitation in public and private buildings and facilities that affects public health and for the maintenance of sewage treatment systems that do not discharge effluent directly into state water and that are not required to have an operating permit as required by rules adopted under §75-5-401, MCA; iv. subject to the provisions of § 50-2-130 and Title 50, chapter 48, MCA, for tattooing and body-piercing establishments that are not less stringent that state standards for tattooing and body-piercing establishments; v. for the establishment of institutional controls that have been selected or approved by the United States Environmental Protection Agency as part of a remedy for a facility under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1990, 42 USC 9601, et seq. INTERLOCAL AGREEMENT Page 3 of 7 or Montana Department of Environmental Quality as part of a remedy for a facility under the Montana Comprehensive Environmental Cleanup and Responsibility Act, Title 75, chapter 10, part 7, MCA; and vi. to implement the public health laws. g. Adopt, amend, or rescind a directive, mandate, or order issued by a local board of health or health officer in response to a declaration of emergency or disaster by the governor as allowed in 10-3-302 and 10-3-303 after holding a public meeting and allowing public comment. 5. ORGANIZATION. The City-County Board of Health shall be composed of nine (9) members: a. A County Commissioner, or County designee. b. A Bozeman City Commissioner, or Bozeman designee. c. A Belgrade City Councilmember, or Belgrade designee. d. Two (2) members, in addition to the member described in 5(a) above, appointed by the Board of County Commissioners. e. Two (2) members, in addition to the member described in 5(b) above, appointed by the Bozeman City Commissioners. f. Two (2) members, in addition to the member described in 5(c) above, appointed by the Belgrade City Council. g. Members shall serve for three (3) year terms, which shall be staggered. Upon approval of this Agreement, the Board’s County Commissioner, City Commissioner, and City Councilor shall each serve three (3) year terms. One of the County Commissioners’ appointed members shall serve a two year term and one member a one year term. The One of the Bozeman City Commissioners’ appointed members shall serve a two year term and one member a one year term. One of the Belgrade City Council’s appointed members shall serve a two year term and one member a one year term. h. In selecting the Board, the Parties shall give due consideration to appointing members from different disciplines and occupations, and from different geographical areas of Gallatin County. 6. RESPONSIBILITIES OF THE BOARD OF HEALTH. The Board of Health shall perform the following responsibilities: a. Recommend to the governing body the appointment of a local health officer who is: INTERLOCAL AGREEMENT Page 4 of 7 i. a physician; ii. a person with a master's degree in public health; or iii. a person with equivalent education and experience, as determined by the department. b. Elect a presiding officer and other necessary officers. c. Adopt bylaws to govern meetings. d. Hold regular meetings at least quarterly and hold special meetings as necessary. e. Identify, assess, prevent, and ameliorate conditions of public health importance through: i. epidemiological tracking and investigation; ii. screening and testing; iii. isolation and quarantine measures; iv. diagnosis, treatment, and case management; v. abatement of public health nuisances; vi. inspections; vii. collecting and maintaining health information; viii. education and training of health professionals; or ix. other public health measures as allowed by law. f. Protect the public from the introduction and spread of communicable disease or other conditions of public health importance, including through actions to ensure the removal of filth or other contaminants that might cause disease or adversely affect public health. g. Supervise or make inspections for conditions of public health importance and issue written orders for compliance or for correction, destruction, or removal of the conditions. h. Bring and pursue actions and issue orders necessary to abate, restrain, or prosecute the violation of public health laws, rules, and local regulations. i. Identify to the Montana Department of Public Health and Human Services an administrative liaison for public health. The liaison must be the local health officer in jurisdictions that employ a full-time local health officer. In jurisdictions that do not employ a fulltime local health officer, the liaison must be the highest ranking public health professional employed by the jurisdiction. j. Propose regulations for adoption by the Governing Body, and adopt rules needed to implement and enforce any regulations of the Governing Body. INTERLOCAL AGREEMENT Page 5 of 7 7. EFFECTIVE DATE. This Agreement shall be effective on the date the last party executes this Agreement. 8. TERM. This agreement shall be perpetual, unless modified or terminated as provided herein. 9. AMENDMENT. The terms and conditions of this Agreement may not be amended except by an instrument in writing executed by each of the Parties. Any Party may request an amendment by serving a written notice on the other Parties. An Amendment is effective when executed in writing by all Parties. 10. WITHDRAWAL. Any Party may withdraw from this Agreement when its governing body adopts a resolution of withdrawal, and when it serves written notice of intent to withdraw, not less than six months before the end of the current fiscal year. 11. NON-WAIVER. Waiver by either Party of strict performance or any provision of this Agreement shall not be a waiver of or prejudice to the other Party’s rights to require strict performance of the same provision in the future or of any other provisions. 12. HEADINGS. The section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision in this Agreement. 13. NOTICES. All notices required under this Agreement shall be deemed properly served if delivered in writing, personally or sent by certified or registered mail to the last address previously furnished by the Parties hereto. Until hereafter changed by the Parties by notice in writing, notices shall be sent to the Gallatin County Administrator, 311 West Main Street, Bozeman, Montana 59715, the Bozeman City Manager, with a mailing address of 121 N Rouse Avenue, Bozeman, MT 59715 and the Belgrade City Manager with a mailing address of 91 East Central Avenue, Belgrade, MT 59714. The date of mailing shall be deemed the date of such service. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties pertaining to its subject matter. No alterations, modifications, or additions to this Agreement shall be binding unless reduced to writing and signed by the parties to be charged herewith. No obligation, term, or addition to this Agreement shall be deemed waived by either Party unless the waiver is reduced to writing and signed by the Parties. 15. APPLICABLE LAW, VENUE, AND ATTORNEY’S FEES. This Agreement shall be governed by the laws of the State of Montana and any action to enforce any right or obligation shall be brought in the Eighteenth Judicial District, Gallatin County. The prevailing party, in any action to enforce this Agreement, shall be entitled to attorney’s fees including those of the Bozeman City Attorney’s Office, the Belgrade City Attorney’s Office, or the County Attorney’s Office. 16. MEDIATION. Should a dispute arise as to the meaning of any provisions of this Agreement or the Parties’ respective rights and obligations under this Agreement that cannot be resolved by the Parties’ or their designees administering this Agreement, the INTERLOCAL AGREEMENT Page 6 of 7 dispute shall be submitted to mediation. A request to mediate shall be submitted in writing by the party desiring mediation and shall specify the dispute for mediation. Within ten (10) working days after receipt of a request for mediation, the party receiving the request shall submit a written response stating its position on the dispute. If no agreement or resolution is reached within ten (10) working days after receipt of the respond by the requesting Party, the requesting Party shall provide a list of three (3) names of mediators to the other Party, who shall strike one name form the list. The party requesting mediation shall then strike a name. Any decision or recommendation of the mediator is not binding on the Parties. Each Party shall be equally responsible for the costs of the mediation. If the Parties are unable to resolve the dispute through mediation, then such dispute may be resolved in a court of competent jurisdiction in compliance with the Applicable Law provision of this Agreement. 17. ASSIGNMENT. No Party may assign, transfer, or convey any right or obligation set forth in this Agreement without the prior written consent of all the other Parties. 18. SEVERABILITY. The provisions of this Agreement shall be deemed independent and severable, and the invalidity, partial invalidity, or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 19. AUTHORITY. Each individual executing this Agreement represents and warrants that he or she is duly authorized to execute and deliver this Agreement on the Party’s behalf for whom they executed the Agreement. 20. RECORDATION. The County will be responsible for filing an executed copy of this Agreement with the Gallatin County Clerk and Recorder and Montana Secretary of State as required by Section 7-11-107, MCA, and will provide a copy of the recorded document to MSU. 21. TERMINATION OF EXISTING INTERLOCAL AGREEMENT. The City of Bozeman and Gallatin County agree that the existing “Interlocal Agreement Between the City of Bozeman and Gallatin County Increasing Board Membership and Continuing the Gallatin City-County Board of Health”, dated May 12, 1997, shall be terminated upon the Effective Date of this Agreement. GALLATIN COUNTY, MONTANA CITY OF BOZEMAN, MONTANA INTERLOCAL AGREEMENT Page 7 of 7 By:_____________________________ By:________________________________ Chair, Board of County Commissioners [TITLE] CITY OF BELGRADE, MONTANA By:________________________________ [TITLE] ATTEST: ________________________________ Gallatin County Clerk and Recorder