DATE: June 5, 2018
TO: Board of Supervisors
SUBMITTED BY: David Pomaville, 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 Merced, for temporary reciprocal Health Officer coverage, effective July 13, 2018, 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 Merced with reciprocal Health Officer coverage in the event that 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 Merced is not approved, the County would need to seek another alternative to fulfill the duties in the event the Health Officer is temporarily unavailable.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action or monetary compensation under the recommended agreement.
DISCUSSION:
Each county in California has an appointed County Health Officer pursuant to Government Code, section 24000(s) to carry out duties prescribed in Health and Safety Code, section 120100 and following and other applicable statutes. 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.
On July 14, 2015, the Board approved a reciprocal coverage agreement with the County of Merced, which will expire on July 12, 2018. The recommended agreement will allow Fresno and Merced counties to continue to provide reciprocal coverage, advise staff, and issue Health Officer orders when either counties 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 Marin, Napa, Sonoma, Humboldt, Tuolumne, Calaveras, Sutter, Yuba, Alpine, Mono, and Lake.
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 the 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 times the Health Officers are truly unavailable are infrequent.
Upon approval by your Board, the recommended agreement will be effective July 13, 2018, 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 prior 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. The Director of the Department of Public Health, or designee, is authorized to execute such written approval of extension on behalf of Fresno County. Additionally, either party may terminate the recommended agreement without cause upon giving a thirty-day advanced written notice of the intent to terminate. The recommended agreement contains mutual indemnification per County of Fresno Risk Management approval.
OTHER REVIEWING AGENCIES:
The Merced County Board of Supervisors approved this agreement on May 8, 2018.
REFERENCE MATERIAL:
BAI #51, July 14, 2015
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Agreement with County of Merced
CAO ANALYST:
Sonia M. De La Rosa