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STATE OF TEXAS § AMENDED AND RESTATED
§ COOPERATIVE AGREEMENT
§ WILLIAMSON COUNTY AND CITIES
COUNTY OF WILLIAMSON § PUBLIC HEALTH DISTRICT
This Amended and Restated Cooperative Agreement (this "Agreement") is made by and between
the County of Williamson ("County") and the Cities of Cedar Park, Georgetown, Round Rock,
Taylor, Hutto, Leander, and Liberty Hill (collectively the "Member Governments "), under
Chapter 121, Subchapter E of the Texas Health and Safety Code (the "Code"), acting by and
through their respective authorized officers, representatives and governing bodies.
RECITALS
WHEREAS, in1943 the Williamson County Health Department was established; and
WHEREAS, the Local Public Health Reorganization Act, now codified in Chapter 121 of the
Texas Health and Safety Code (the "Act"), authorizes the establishment of public health districts
by a majority vote of the governing bodies of a county and one or more municipalities in the county
for the purpose of providing and furnishing public health programs; and
WHEREAS, in 1989 the Williamson County Health Department was reorganized as a Public
Health District by Williamson County, Texas, and the Cities of Cedar Park, Georgetown, Round
Rock, and Taylor (collectively the "Original Members"), and re -designated as the Williamson
County & Cities Health District (hereinafter the "District"); and
WHEREAS, the District began being governed by a public health board pursuant to the Code and
a "Cooperative Agreement," which was initially approved by the Original Members in 1989 and
revised and approved by the Original Members in 1992, 2004, and 2007; and
WHEREAS, the Cities of Liberty Hill and Hutto joined the District in 2007, and, thereafter, in
2013, the City of Leander joined the District (collectively the "New Member Cities"); and
WHEREAS, the County, Original Member Cities and New Member Cities comprise all
membership in the District as of the Effective Date of this Agreement and are collectively referred
to herein as the "Member Governments"; and
WHEREAS, the Member Governments have determined that the Cooperative Agreement needs
to be amended and restated again to reflect modifications relating to the composition of the Board
and to clarify certain provisions; and
NOW THEREFORE, the Member Governments of the District do hereby amend and restate the
Cooperative Agreement relating to the Williamson County & Cities Health District in accordance
with the following:
WILLIAMSON COUNTY & CITIES HEALTH DISTRICT PAGE 1
COOPERATIvE AGREEMENT
L GOVERNANCE
1.1. The affairs of the District shall be governed by a public health board, which shall be called
the Williamson County Board of Health (hereinafter the "Board"). The Board shall be an
administrative public health board and shall have the authority to adopt substantive and procedural
rules which are necessary and appropriate to promote and preserve the health and safety of the
public within its jurisdiction, provided that no rule adopted shall be in conflict with the laws of the
State of Texas.
1.2 Except as otherwise set out herein, two Directors shall be appointed by the Williamson
County Commissioners' Court, and one Director shall be appointed by each of the City Managers
of the Cities of Cedar Park, Georgetown, Round Rock, Taylor and Hutto. The Cities of Leander
and Liberty Hill have shared one Director since becoming Member Governments and they hereby
agree to continue to share such Director. Thus, the City Manager of the City of Leander shall
appoint one Director to serve on behalf of the Cities of Leander and Liberty Hill. In the event
either the City of Liberty Hill reaches a population of 15,000 or more, or additional cities having
populations of less than 15,000 become new Member Governments following the Effective Date
of this Agreement, the City of Liberty Hill shall then appoint a Director in accordance with the
provisions of Section 1.3 below.
1.3. Any incorporated city within the District's territory may apply to become a member of the
District and the governing body of each existing Member Government shall review the application.
The governmental entity making application may be admitted as a new Member Government of
the District if a majority of the governing bodies of each then existing Member Governments
approves such application. Upon admission as a member of the District and approval of this
Agreement, the new member will become a Member Government.
1.3.1 For incorporated city Member Governments with a population of 15,000 or greater,
the City Manager of such city may appoint one qualified Director to the Board.
1.3.2 New incorporated city Member Governments that have less than 15,000 population
must each join together and select two qualified Directors to represent them on the Board;
provided, however, if there are four or less new incorporated city Member Governments
with population less than 15,000 each, they will all join together and select one qualified
Director to represent them on the Board.
1.3.3 Except as otherwise set out herein, existing Member Governments in place on the
Effective Date of this Agreement will retain current representation on the Board regardless
of population estimate.
1.4. To be qualified as a Director, a person must be a citizen of the United States and must have
resided at least three (3) years in the District. A Director shall not be an elected official but must
be an employee of the Member Government for which he or she serves.
1.5. Directors shall serve without compensation.
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COOPERATIVE AGREEMENT
1.6. Directors shall serve staggered three-year terms, except as provided in Sections 1.7 and 1.9
below.
1.7. The term effective date for Directors appointed by new Member Governments shall be
staggered such that no more than one-third (1/3) of the terms of the Directors expire in any one
year. To accomplish such staggering, new Directors shall have terms commencing as follows: on
January 1 of the current year for those joining the District between January 1 through June 30, and
January 1 of the following year for those joining the District between July 1 through December
31. In addition, if multiple new Member Governments join the District in the same year, the Board
may designate the initial term of the newly appointed Directors to be one, two, or three years in
order to maintain the balance of no more than one-third (1/3) of the terms expiring in any one year.
1.8. A Director for a city Member Government may be removed be from the Board at the
discretion of the particular city Member Government's City Manager. Directors representing the
County serve at the pleasure of the Williamson County Commissioners Court and may be removed
at its discretion. The Executive Director is to contact the Member Government if its appointed
Director is absent for two consecutive Board meetings or three Board meetings during a calendar
year.
1.9 All vacancies of a Director shall be filled for the unexpired portion of the term by the City
Manager of the appointing city Member Government or by the Williamson County Commissioners
Court for the County's Directors, whichever the case may be. If less than one (1) year remains in
the unexpired term for the Director of a Member Government, then the City Manager or the
Williamson County Commissioners Court may appoint its Director(s) to fill the unexpired portion
of the term plus a full term of three (3) years.
1.10. A Director may serve consecutive terms.
II. OFFICERS
2.1. General. The officers of the Board shall consist of the chairperson, vice -chairperson, and
secretary. The Williamson County Commissioners Court shall name the Chairperson of the Board.
Members of the Board shall select the remaining officers from amongst their members, and
each officer shall serve a one-year term.
2.2. Chairperson. The Chairperson shall preside at all meetings of the Board. At each
meeting, the Chairperson shall submit such recommendations and information as he/she may
consider proper concerning the business, affairs and policies of the District.
2.3. Vice -Chairperson. The Vice -Chairperson shall perform the duties of the Chairperson in
the absence or incapacity of the Chairperson and in case of the resignation or death of the
Chairperson. The Vice -Chairperson shall perform such duties as are imposed on the Chairperson
until such time as the Williamson County Commissioners Court shall appoint a new Chairperson.
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COOPERATIVE AGREEMENT
2.4. Secretary. The Secretary or his/her designee shall act as Secretary of the meetings of the
Board and record all votes and shall keep a record of the proceedings of the Board in a journal of
proceedings to be kept for such purpose and shall perform all duties incidental to his/her
office.
III. EXECUTIVE DIRECTOR
3.1. The Directors of the Board shall appoint an Executive Director of the District. The
Executive Director shall be the chief administrative officer of the District and shall manage the
day-to-day operations of the District, subject to the direction of the Board.
3.2. If the Executive Director is a physician licensed and in good standing in the state of Texas,
the Executive Director will also serve as Health Authority in the jurisdiction of the District. If the
Executive Director is not a physician licensed and in good standing in the State of Texas, a Health
Authority shall be retained as provided in Section 8.1.
3.3. The Executive Director shall be an ex-officio non -voting member of the Board.
3.4. If, during the annual evaluation of the Executive Director or at any other time, two-thirds
of the entire Board determines the Executive Director has engaged in neglect of duty, malfeasance,
or unbecoming behavior, or has otherwise violated provisions of the District's personnel policies,
the Executive Director's employment may be terminated immediately. The exact terms of the
termination shall be determined at the time by a majority vote of the Board. In the event of the
Executive Director's death, resignation, or removal from office, the Board shall select a new
Executive Director.
3.5. The Executive Director shall employ such full or part-time employees as are needed to
carry out the programs of the District. These employees shall be employees of the District and
perform those duties as are assigned to them. The compensation of such personnel, including the
Executive Director, shall be determined by the Board subject to the laws of the State of Texas.
The Executive Director shall have the authority, and subject to provisions of the policies -
procedures of the District, to hire, fire, direct, and control the work, as functionally appropriate, of
such employees.
IV. MEETINGS
4.1. A majority of the voting Directors shall constitute a quorum for the transaction of
business. The presence of the Executive Director shall not count for the purposes of determining
whether a quorum is present.
4.2. The Board shall meet at least quarterly on a date fixed by the Board and shall hold such
meetings as may be called by the chairperson or by the majority of the Board.
4.3. The Board shall comply with the Open Meetings Act.
WILLIAMSON COUNTY & CITIES HEALTH DISTRICT PAGE 4
COOPERATIVE AGREEMENT
V. PURPOSE OF THE DISTRICT
5.1. The District may perform any public health function that any of its Member Governments
may perform unless otherwise restricted by law. The Board and Director shall determine which
public health programs and services will be provided by the District based on needs assessment
and the availability of resources.
5.2. The District shall be affiliated with the Texas Department of State Health Services or its
successor to facilitate the exchange of information and the coordination of public health services.
5.3. The District shall provide "Essential public health services" as defined in Section 121.002
of the Act.
5.3.1. Monitor the health status of individuals in the community to identify community
health problems;
5.3.2. Diagnose and investigate community health problems and community health
hazards;
5.3.3. Inform, educate, and empower the community with respect to health issues;
Mobilize community partnerships in identifying and solving community health problems;
5.3.5. Develop policies and plans that support individual and community efforts to
improve health;
5.3.6. Enforce laws and rules that protect the public health and ensure safety in accordance
with those laws and rules;
5.3.7. Link individuals who have a need for community and personal health services to
appropriate community and private providers;
5.3.8. Ensure a competent workforce for the provision of essential public health services;
5.3.9. Research new insights and innovative solutions to community health problems; and
5.3.10. Evaluate the effectiveness, accessibility, and quality of personal and population -
based services in a community.
5.4. By way of illustration but not by way of requirement or limitation, the District may provide
public health services such as the following: communicable disease control and prevention
services, public health education, information and referral services, environmental and consumer
health programs, public health nutrition programs, community assessment and health status data
analysis, public health emergency preparedness and response, and collaborating with others to
address public health issues.
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COOPERATIvE AGREEMENT
5.5. Member Governments and other government entities, as well as private institutions both
within and outside of Williamson County, may contract with the District to provide additional
public health services upon approval of the Board.
5.6. The Board shall have the authority to set and collect fees for its services and for the issuance
of health and sanitation -related licenses and permits as authorized by law.
5.7. The District shall also have authority to conduct health and sanitation inspections for
Member Governments, for non-member governments that enter into an interlocal agreement with
the District, or as authorized by law.
5.8. When the District has the responsibility to issue a certain type of health or sanitation permit,
the Member Governments agree not to require their own health or sanitation permits.
VI. LIABILITY AND INDEMNITY
6.1. As provided in the Act, the District is, for the purposes of the Texas Tort Claims Act
(Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and
its actions are governmental functions. As provided in Section 101.063 of the Texas Civil
Practices and Remedies Code, a governmental unit that is a member of a public health district is
not liable under Chapter 101 for any conduct of the District's personnel or for any condition or use
of the District's property. Nothing in this Agreement shall be construed or interpreted to waive
this immunity.
6.2. The District shall indemnify each and every Director, its officers and its employees, to the
fullest extent permitted by law against any and all liability or expense, including attorneys fees,
incurred by any of such persons by reason of any actions or omissions that may arise out of the
functions and activities of the District. This indemnity shall apply even if one or more of those to
be indemnified was negligent or caused or contributed to cause any loss, claim, action or suit.
Specifically, it is the intent of this Agreement and the District to require the District to indemnify
those named for indemnification, even for the consequences of the negligence of those to be
indemnified which caused or contributed to cause any liability. Notwithstanding the foregoing,
the District will not pay actual damages, punitive damages, court costs, or attorney fees awarded
against indemnified persons if the awards arise from a cause of action for official misconduct or
arise from a cause of action involving a willful or wrongful act or omission or an act or omission
constituting gross negligence.
6.3. The District must purchase and maintain insurance, as available, on behalf of any
Director, officer, employee, or agent of the District, or on behalf of any person serving at the
request of the District as a board member, officer, employee, medical Director or Health Authority,
against any liability asserted against that person and incurred by that person in any such capacity
or arising out of any such status with regard to the District, whether or not the District has the
power to indemnify that person against liability for any of those acts.
6.4. The District may engage private legal counsel who will advise and represent the District
on general legal matters not covered by insurance, within the scope of their expertise, and for
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COOPERATIVE AGREEMENT
which there is no conflict of interest. For matters relating solely to their own Member
Government, the Member Governments agree to provide or fund legal services to the District for
matters not covered by insurance, within the scope of their expertise, and for which there is no
conflict of interest.
VII. FINANCING OF THE FUNCTIONS OF THE DISTRICT
7.1. The District's fiscal year shall be January 1 through December 31.
7.2. The Member Governments of the District shall pay the costs necessary to operate
the District, including costs for staff salaries, supplies, suitable offices, health and clinic centers,
health services and facilities, and maintenance, in the amount agreed to by the governing
body of each Member. The District will request that city Member Governments contribute on a
per capita basis based on the U.S. Census Bureau's most recent annual estimate of population.
7.3. The Board shall annually request funding from Member Governments on an October 1 —
September 30 fiscal year basis. New Member Governments joining after the Effective Date of this
Agreement shall pay on the same basis or according to the same formula as the existing Member
Governments, but such payment may be pro -rated to the date of the new Member's admission to
the District relative to October 1.
7.4. The District shall also actively seek funding from the Texas Department of State Health
Services or its successor (or any other state or federal agency), and from public or private grants.
7.5. The District shall be allowed to assess and collect fees for its services as may be
established by the Board.
7.6. The Board and Executive Director will maximize funding from other available sources,
including governmental and private grants, prior to requesting funding from Member
Governments.
7.7. All funds of the District not otherwise employed will be deposited in banks or other
depositories designated by the Board.
7.8. All checks, drafts, endorsements, notes and evidences of indebtedness of the District will
be signed by such officers or agents and all endorsements for deposits to the credit of the District
will be made as authorized by the Board.
7.9. No loans or advances will be contracted on behalf of the District, and no note or other
evidence of indebtedness will be issued in its name, except as authorized by majority vote of the
Board and for purposes allowed by law.
7.10. Only the Executive Director or his/her designee acting in compliance with any Business
Practices or Policies and Procedures Manual approved by the Board, may, in the name of and on
behalf of the District, enter into contracts or execute and deliver instruments as specifically
authorized by the Board by resolution or action at a duly called meeting. The District shall
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COOPERATIVE AGREEMENT
maintain sufficient undesignated cash reserve funds to prevent untimely disruptions in services or
loss of key personnel.
7.12. The Executive Director will provide to the Board no later than one hundred fifty (150) days
after the close of the fiscal year a report containing the following information in appropriate detail:
7.12.1. The assets and liabilities of the District as of the end of the fiscal year;
7.12.2. The principal changes in assets and liabilities during the fiscal year;
7.12.3. The revenues and receipts, both restricted and unrestricted to particular purposes,
for the fiscal year;
7.12.4. The expenses or disbursements, for both general and restricted purposes, during
the fiscal year;
7.12.5. The substantial activities and projects begun, in progress, and completed during
the fiscal year.
7.12.6. The annual report will include a report of an independent accountant, or in lieu of
such report, the certificate of an authorized officer of the District that such statements
were prepared without audit from the books and records of the District.
7.13. The Board shall require that an independent audit of the District's financial records be
made annually. The annual audit shall be available for public inspection during all normal business
hours at the District office. The District shall adopt sound financial management policies and
procedures and shall comply with requirements of funding entities.
VIII. EMPLOYEES
8.1. If the Executive Director is not a physician, the Executive Director, subject to approval by
the Board, shall appoint a physician licensed and in good standing in the state of Texas as an officer
of the District to serve as the Health Authority. If no local physician can be found who is willing
to so serve, then the designated Medical Director of the Texas Department of State Health Services
or its successor or his/her designee shall serve as the Health Authority. A Health Authority
appointed under the provisions of Section 121.021 of the Act has certain duties prescribed by State
Law that are necessary to implement and enforce to protect public health. The Health Authority
shall aid the Board in all matters of local quarantine, disease prevention and suppression, sanitation
inspection and control of contagious, infectious, and epidemic diseases within the District's
jurisdiction. It is the intent of this Agreement that any Health Authority of the District shall be an
"employee" as defined by Section 101.001(2) of the Texas Civil Practice and Remedies Code for
the purposes of the Texas Tort Claims Act. A Health Authority is a state officer when performing
duties prescribed by state law (Section 121.024 of the Texas Health and Safety Code).
8.2. The District's employees shall be eligible to participate in the Benefits Program offered by
Williamson County to county employees, including group health insurance, workers'
compensation program, and retirement system.
WILLIAMSON COUNTY & CITIES HEALTH DISTRICT PAGE 8
COOPERATIVE AGREEMENT
8.3. The Board may in some years grant a cost -of -living increase to each District employee,
except that the size of the increase shall not exceed the cost -of -living increase granted by the
Williamson County Commissioners' Court to each county employee for that fiscal year. District
employees shall not be granted an automatic pay raise based on longevity alone. Instead, the Board
may, as resources permit, authorize the Executive Director to grant merit increases to an employee
based on job performance and/or promotion in job responsibility.
IX. MISCELLANEOUS
9.1. The provisions of Chapter 121 of the Texas Health and Safety Code shall be applicable to
the District. In the event of a conflict between Chapter 121 and this Agreement, Chapter 121 shall
control.
9.2. A Member Government may withdraw from this Agreement by giving written notice to
the other Member Governments and to the Executive Director no later than six (6) months before
the end of the District's fiscal year. The withdrawal shall become effective at the end of the current
District fiscal year after the withdrawing Member Government has given written notice of its
decision to the Board. Such notice of withdrawal shall not relieve such Member Government of
any obligation incurred by such Member Government prior to date of withdrawal.
9.3. Modification of this Agreement shall be in writing and effective upon approval by a
majority of the Member Governments.
9.4. This Agreement shall remain in effect unless modified or cancelled by a majority of the
Member Governments.
9.5. In the event that a majority of Member Governments vote to dissolve the District, after
payment of all liabilities, the District's unencumbered assets will be distributed proportionately to
current Member Governments based on their current fiscal year contributions to the District.
9.6. This Agreement constitutes the entire Agreement between the Parties in regard to the
provision of public health services and supersedes all prior such Agreements between the Parties.
9.7. This Agreement shall become effective (the date inserted will be the last date of approval
by a Member Government) May , 2021 (the "Effective Date").
[Signatures on the following pages.]
WILLIAMSON COUNTY & CITIES HEALTH DISTRICT PAGE 9
COOPERATIVE AGREEMENT
WILLIAMSON COUNTY, TEXAS
By:
Bill Gravell Jr., County Judge
Date:
WILLIAMSON COUNTY & CITIES HEALTH DISTRICT PAGE 10
COOPERATIvE AGREEMENT
CITY OF CEDAR PARK, TEXAS
By:
Corbin Van Arsdale, Mayor
Date:
WILLIAMSON COUNTY & CITIES HEALTH DISTRICT PAGE I I
COOPERATIVE AGREEMENT
CITY OF GEORGETOWN, TEXAS
By:_
Josh
Date: �tA LA
WILLIAMSON COUNTY & CITIES HEALTH DISTRICT PAGE 12
COOPERATIVE AGREEMENT
CITY OF ROUND ROCK, TEXAS
By:
Craig Morgan, Mayor
Date:
WILLIAMSON COUNTY & CITIES HEALTH DISTRICT PAGE 13
COOPERATIVE AGREEMENT
CITY OF TAYLOR, TEXAS
By:
Brandt Rydell, Mayor
Date:
WILLIAMSON COUNTY & CITIES HEALTH DISTRICT PAGE 14
COOPERATIVE AGREEMENT
CITY OF HUTTO, TEXAS
By:
Mike Snyder, Mayor
Date:
WILLIAMSON COUNTY & CITIES HEALTH DISTRICT PAGE 15
COOPERATIVE AGREEMENT
CITY OF LEANDER, TEXAS
By:
Christine Sederquist, Mayor
Date:
WILLIAMSON COUNTY & CITIES HEALTH DISTRICT PAGE 16
COOPERATIVE AGREEMENT
CITY OF LIBERTY HILL, TEXAS
By:
Liz Branigan, Mayor
Date:
WILLIAMSON COUNTY & CITIES HEALTH DISTRICT PAGE 17
COOPERATIVE AGREEMENT