OAR 333-014-0570: Local Public Health Authority Contracts or Agreements for Local Public Health Services or Activities

(1) As provided in ORS 431.413(3), a local public health authority may contract with a person to perform a public health service or activity, or to perform all public health services and activities, that the local public health authority is required to perform under ORS 431.001 to 431.550 and 431.990 or under any other public health law of this state, except that the person with whom the local public health authority contracts may not perform any function, duty or power of the local public health authority related to governance. (2) A local public health authority must provide written notice to the Authority at least 75 days prior to executing a new contract or agreement with a person or public body for the provision of local public health services or activities, if the local public health authority is performing the public health service or activity pursuant to a contract or agreement with the Authority, unless the local public health authority is specifically exempted from complying with this notice provision in the contract or agreement with the Authority. Contracts, subcontracts or agreements that apply to administrative contracts or contracts that do not have a direct impact on consumers of public health services or activities are excluded from the requirements in this section. (3) Upon receipt of a notice under section (2) of this rule, the Authority may request a copy of the contract or agreement from the local public health authority for review. (4) A local public health authority contract or intergovernmental agreement to perform a public health service or activity must clearly describe the service or activity being performed, any applicable federal or state statutes or rules, or local ordinances that are applicable to the service or activity, and the manner in which the local public health authority will oversee and monitor the contractor or public body to ensure compliance with all applicable federal or state statutes or rules, local ordinances or other funding requirements as outlined in the FAA or other agreements. (5) If a local public health authority is unable, for reasons outside of its control, to provide the 75 day notice as required by section (2) of this rule, the local public health authority shall provide notice as soon as possible before or after the execution of the contract or agreement. (6) The 75 day notice required in section (2) of this rule does not to apply to a contract if the procurement activities began prior to January 1, 2018.