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AGREEMENT BETWEEN THE VIRGINIA DEPARTMENT OF HEALTH AND <br />THE CITY OF PORTSMOUTH CITY COUNCIL FOR FUNDING AND <br />SERVICES OF THE PORTSMOUTH HEALTH DEPARTMENT <br />This agreement ("Agreement ") for the services to be provided by the Portsmouth Health Department <br />and the funding therefore is by and between the Virginia Department of Health ( "VDH") and City Of <br />Portsmouth City Council (collectively "the Parties'l. <br />The Agreement is created in satisfaction of the requirements of 1132.1-31 of the Code of Virginia <br />(1950), as amended, in order to operate the Portsmouth Health Department under the terms of this Agreement. <br />NOW, THEREFORE, in consideration of the covenants and agreements in this Agreement, the <br />sufficiency of which is acknowledged, the Parties agree as follows. <br />§ 1. VDH, over the course of one fiscal year, will pay an amount not to exceed $2,547,272.00, <br />from the state general fund to support the cooperative budget in accordance with, and dependent upon, <br />appropriations by the General Assembly, and in like time frame, the City Council of Portsmouth will provide <br />by appropriation and in equal quarterly payments a sum of $1,047,726.00 local matching funds and $0.00 <br />one - hundred percent local funds for a total of $1,047,726.00 local funds for this fiscal year. ,xnzz <br />In addition, the City Council has approved the Portsmouth Health Department to carry forward <br />$0.00 in local matching Srnds for a total of $1,047,726.00 thatching funds and an additional 50.00 in one- <br />hundred percent local funds from the prior fiscal year closing locality balance. <br />These joint llmds will be distributed in timely installments, as services are rendered in the operation <br />of the Portsmouth Health Department, which shall perform public health services in City Of Portsmouth as <br />indicated in Attachment A(I.), and will perform services required by local ordinances as indicated in <br />Attachment A(2.). Payments from the local government are due on the third Monday of each fiscal quarter. <br />§ 2. The term of the agreement begins July 1,2022. This Agreement will be automatically <br />extended on a state fiscal year to year renewal basis under the existing terms and conditions of the Agreement <br />unless timely written notice of termination is provided by either party. Such written notice shall be given at <br />least 60 days prior to the beginning of the fiscal year in which the termination is to be effective. <br />§ 3. The Commonwealth of Virginia ( "Commonwealth ") and VDH shall be responsible for <br />providing liability insurance coverage and will provide legal defense for state employees of the local health <br />department for acts or occurrences arising from performance of activities conducted pursuant to state statutes <br />and regulations. <br />A. The responsibility of the Commonwealth and VDH to provide liability insurance <br />coverage shall be limited to and governed by the Commonwealth of Virginia <br />Public Liability Risk Management Plan, established under § 2.2 -1837 of the Code <br />of Virginia (1950), as amended. Such insurance coverage shall extend to the <br />services specified in Attachments A(1.) and A(2.), unless the locality has opted to <br />provide coverage for the employee under the Public Officials Liability Self - <br />Insurance Plan, established under § 2.2 -1839 of the Code of Virginia (1950), as <br />amended, or under a policy procured by the locality. <br />B. The Commonwealth and VDH will be responsible for providing legal defense for <br />those acts or occurrences arising from the performance of those services listed in <br />Attachment A(I.), conducted in the performance of this contract, as provided for <br />under the Code of Virginia and as provided for under the terms and conditions of <br />the Commonwealth of Virginia Public Liability Risk Management Plan. <br />LGA -Revved October 2022 <br />