DATE: August 6, 2024
TO: Board of Supervisors
SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health
SUBJECT: Agreement for Temporary Reciprocal Health Officer Coverage
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute an Agreement with the County of Madera, for temporary reciprocal Health Officer coverage, effective upon execution, not to exceed five consecutive years, which includes a three-year base contract and two optional one-year extensions ($0).
REPORT
Approval of the recommended action will provide the Counties of Fresno and Madera with reciprocal Health Officer coverage if either county’s Health Officer is temporarily unavailable to carry out the duties as required by law. This item is countywide.
ALTERNATIVE ACTION(S):
In the event that the recommended agreement with the County of Madera is not approved, both Fresno and Madera County would need to seek another alternative to fulfill the duties of the Health Officer and Deputy Health Officer should either become temporarily unavailable.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. The recommended agreement does not provide any compensation between the County of Fresno and County of Madera.
DISCUSSION:
Each county in California has an appointed County Health Officer pursuant to Government Code, section 101000 to carry out duties prescribed in Health and Safety Code, section 101025 et seq., as well as other applicable statues. From time to time, a Health Officer may be temporarily absent from the county and/or unavailable to carry out the duties as required by law.
This recommended agreement will allow Fresno and Madera counties to provide reciprocal coverage, advise staff, and issue Health Officer orders when either county’s Health Officer is temporarily unavailable. Implementing a Health Officer coverage agreement, such as the recommended agreement, is an accepted practice and commonplace among California counties including Alpine, Calaveras, Humboldt, Lake, Marin, Mono, Napa, Sonoma, Tuolumne, and Yuba. Since 2015, the Counties of Fresno and Merced have been engaged in a similar agreement.
Under the terms of the recommended agreement, reciprocal Health Officer coverage will be provided at no cost to the requesting county and the providing county’s Health Officer shall receive no additional remuneration for provision of temporary Health Officer coverage. In addition, the recommended agreement provides each county the discretion to refuse to provide coverage without penalty or liability. It is anticipated that neither county will require more than a minimal amount of coverage from the other county’s Health Officer, as the circumstances the Health Officers are truly unavailable are infrequent.
Upon approval by your Board, the recommended agreement will be effective June 4, 2024, for a base term of three years and may be extended for two optional one-year periods upon written approval of both parties no later than thirty days to the first day of the next one-year extension upon the same terms and conditions unless written notice of nonrenewal is given by either county.
Either party may terminate the recommended agreement without cause upon giving a thirty-day notice of the intent to terminate. The recommended agreement contains mutual indemnification and given the nature of this agreement, the Department considers the agreement to be in the County’s best interest and Risk Management has approved.
REFERENCE MATERIAL:
BAI #59, June 5, 2018
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Agreement with County of Madera
CAO ANALYST:
Ron Alexander