HomeMy WebLinkAboutResolution - 2024-R0109 - Agreement, TTU Health Sciences Center, James Felberg, M.D, Deputy Medical Dir. - 03/05/2024Resolution No. 2024-RO 109
Item No. 5.9
March 5, 2024
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, a Deputy Medical Director Agreement between the
City of Lubbock and Texas Tech University health Sciences Center to provide a qualified
faculty member to act as Deputy Medical Director for the City of Lubbock Health
Department. Said Agreement is attached hereto and incorporated in this Resolution as if fully
set forth herein and shall be included in the minutes of the Council.
Passed by `Ile City Council on 'larch 2021
SHELIA PATTERSON HARRIS,
MAYOR PRO TEM
ATTEST:
Courtney Paz, City Secret
APPROVED AS To CONTENT:
Bill Hov e tQ6i,`Deputy anager
APPROVED AS TO FORM:
Tqp"90�--
Racllel Foster, Assistant City Attorney
RLS.COLHD Deputy Medical Director 2.15.24
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Resolution No. 2024-RO 109
City of Lubbook
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DEPUTY MEDICAL DI]RIECTOR AGItF.EMEN-f
(Catty of Lubbock Health Department Deputy Medical Dbreetotr)
This is a Deputy Medical Director Agreement between the CITY OF LUBBOCK, acting
by and through its Health Department (hereafter referred to as COLHD), and TEXAS
TJECH UNIVERSITY HEALTH SCIENCES CENTER, on behalf of its School of
Mediolne, Department of Family & Community Medicine, Lubbock Campus, (hereafter
referred to as TTUHSC).
Now therefore, for the consideration herein expressed, TTUHSC and COL14D hereby agree
as follows.
TTUHSC hereby agrees to provide the City of Lubbock Health Department with the
professional services of SAAAS FEILBEAO, M.D. (hereafter referred to as "Dr. Felberg",
a TTUHSC employed physician) to act as DEPUTY MEDICAL DIRECTOR for the
COLHD, subject to approval by the City Couacil of the City of Lubbock. COLHD desires
Deputy Medical Director Services to be provided at its facility located at 806 181h Street,
Lubbock, TX 79401 and 2015 50tb St, Lubbock, TX 79412..
In the event that Dr. Feiberg is unable to fulfill his obligations for the term of this contract,
TTU14SC agrees to provide a suitable member of its faculty to perform the services of
Deputy Medical Director for the COLHD as set forth in this Agreement.
TTUHSC represents that it employs health care professionals with the necessary
qualifications and knowledge who will be assigned to perform the Deputy Medical Director
Services.
Article I
1.1 SERVICES TO BE PROVIDED, TTUHSC agrees its employed physician, Dr
Fclbcrg, as Deputy Medical .Director for the COLHD, shall perform the following
services ("Services"):
1.1.1 Serve as a medical consultant on the Lubbock County Adult Fatality
Review Team.
1,11 Coordinate the medical services for the Intermediary Care Clinic (ICC).
1.1.3 Support the COLHD Medical Director with public health duties as needed.
1 , 1.4 Assist the department in developing initiatives and programs to address
nonmedical drivers of health in the Lubbock community.
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1.1.5 The work of the Deputy Medical Director maybe done on -site or remotely.
With the exception of a public health emergency, work will follow City of
Lubbock business hours and holiday schedule.
Article 2
2.1 FEE FOR SERVICES. COLHD agrees to pay TTUHSC ONE THOUSAND
FIVE HUNDRED ($1,500.00) dollars per month for administrative services of
approximately ten (10) hours per month, using the established procedures of the
City of Lubbock. Both parties agree that Deputy Medical Director shall maintain a
log of time spent with a description of the activities for each time period.
2.2 PAYMENT. TTUHSC will invoice COLHD. Payment shall be remitted within
thirty (30) days of invoice date,
Article 3
3.1 'TERM. This Agreement is made effective April 1, 2024 and may be continued by
mutual agreement by both Parties from year to year for a maximum of four
additional one-year terms. Terms may be (1) renegotiated, or (2) terminated, by
either Party upon thirty (30) days written notice to the other Party.
3.2 TERMENA'lI ON. Either Party may terminate this A.greerneat at any time, with
or without cause, by giving the other Party thirty (30) days written notice. This
Agreement may be terminated immediately by 7TUHSC upon written notice to
COLRD for nonpayment.
3.3 ADlt�E T1101e1AL RIGHT TO TER HNATtION. Either Party may terminate this
Agreement by written notice to the other Party, and may regard the other Party as
in default of this Agreement, if the other Party becomes insolvent, makes a general
assignment for the benefit of creditors, suffers or permits the appointment of a
receiver for its business or assets, becomes subject to any proceeding under any
bankruptcy or insolvency laws, whether domestic or foreign, or has wound up or
liquidated, voluntarily or otherwise
3.4 FORCE MAYEURE. 'Event of Force Maieure" means as event beyond the
control of COLHD or TTIJHSC which prevents or makes a Parry's compliance with
any of its obligations under this Agreement illegal or impracticable, including but
not limited to: act of God (including, without limitation, fire, explosion, earthquake,
tornado, drought, and hood); war, act or threats of terrorism, hostilities (whether or
not war be declared), invasion, act of enemies, mobilization, requisition, or
embargo; rebellion, insurrection, military or usurped power, or civil war;
contamination or destruction from any nuclear, chemical, or biological event; riot,
commotion, strikes, go slows, lock outs, or disorder; epidemic, pandemic, viral
outbreak, or health crisis; or directive of governmental authority. No Party will be
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considered in breach of this Agreement to the extent that performance of their
respective obligations is prevented or made illegal or impracticable by an Event of
Force Majeure that arises during the term (or after execution of the Agreement but
prior to the beginning of the term). A Party asserting an Event of Force Majeure
hereunder ("Affected Party") will give reasonable notice to the other Party of an
Event of Force Majeure upon it being foreseen by, or becoming known to, Affected
Party. In the event of an 'Event of Force Majeure, Affected Party will endeavor to
continue to perform its obligations under the Agreement only so far as reasonably
practicable
3.5 PAYMENT UPON TERMINATION. In the event this Agreement is terminated
in accordance with this Article, then within thirty (30) days after the effective date
of such termination, TTUHSC shall submit TTUHSC's termination statement for
Services rendered to the date of termination, and COLRD shall pay TTUHSC for
such Services within thirty (30) days of receipt of TTUiHSC's termination
statement.
3.6 EFFECT OF TERIVffNATION, The termination or expiration of this Agreement
shall not relieve either Party of any obligation pursuant to this Agreement which
arose on or before the date of termination.
Article 4
4.1 STATE EMPILOYEES. University state employees are subject to Texas Civil
Practice and Remedies Code, Chapter 104, State Liability for Conduct of Public
Servants, under which state employees acting and the course and scope of their
employment are entitled to prctection from the state with limits as set forth in
§ 104.003.
4,2 LNSURANC1E COVERAGE. TTUHSC maintains a Medical Liability Self -
Insurance Plan that provides medical malpractice liability insurance to its employed
physicians in amounts of $400,000 per claim/$1 2 million annual aggregate, unless
lower liability limits are set by law, in which case the lower liability limits set by
law shall apply.
4.3 NO INDEMNIFICATION. TTUHSC and COLHD acknowledge that, as
governmental entities, neither Party may indemnify the other against claims,
demands, actions, liabilities, or expenses (including reasonable attorney's fees)
arising out of the actions or omissions of the other Party. TTUHSC and COLHD
agree that they will be responsible for the actions or omissions of their oven
employees and agents in connection with this Agreement. This provision shall
survive any termination or expiration of this Agreement,
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Article 5
5.1 COMiPLICANU WITH APPLICABLE: LAWS AND POLICIES. The parties
acknowledge that each is subject to applicable federal and state laws and
regulations, and policies and requirements of various accrediting organizations.
Accordingly, each Party will enforce compliance with all applicable laws,
regulations, and requirements, and will make available such information and
records as may be reasonably requested in write ig by the other Party to facilitate its
compliance, except for records which are confidential and privileged by law. Each.
Party shall have or designate a Compliance Officer with whom compliance issues
shall be coordinated. Both Parties intend that the terms and conditions of this
Agreement, and the waimer in which the Services arc to be performed hereunder
comply with applicable federal and state laws and regulations, including but not
limited to, 42 CFR part 411 (Stark) and 42 CFR 1001 et seq, (Anti -kickback).
5.2 REPRESENTATIONS AND WAR RAN`1<'YES. COLRD represents and warrants
that neither COLHI) ar any employees or agents who provide items or Services
under this Agreement are excluded, suspended or debarred from participation in
any federal or state health care program or federally funded contracts. TTUHSC
may conduct searches of COLHD's name against various federal and state sanction
and exclusion databases, including, but not limited to the HHS OIG List of
Excluded Individuals/Entities (LEIE), the GSA Excluded Parties List System
(EPLS) and the Texas HHSC Exclusion List. COLHD agrees to immediately
inform TTUHSC as soon as it is aware that it or any of its employees, agents or
contractors providing items or services under the Agreement are subject to the
imposition of any such sanctions or exclusion. This Agreement shall be subject to
immediate termination by TTUH.SC in the event COLRD or any of its employees,
agents or contractors, is listed on any federal or state sanction/exclusion list as being
subject to sanctions or exclusion
Article 6
6.1 AUDIT, At any time during the term of this Agreement and for a period of four
(4) years thereafter, the State of Texas, Texas Tech University System, University
and/or other federal, state and local agencies which may have jurisdiction over this
Agreement, at reasonable times and at its expense reserves the right to audit
COLHD's records and books that relate only to this Agreement, In the event such
an audit by University reveals any errors/underpayments to University, COLHD
shall pay TTUHSC the full amount of such underpayments within thirty (30) days
of such audit findings. If needed for audit, original or independently certified copies
of off -site records will be provided to auditors at COLHD's expense within two (2)
weeks of written request. This Section shall survive tennination of this Agreement,
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Article 7
7.1 NDEPENDENT CONTRACTOR, The Parties agree and acknowledge that any
Deputy Medical Director assigned by TTLJHSC is an independent contractor and
shall not be an employee of the City of Lubbock or the COLHD, and that any such
Deputy Medical Director assigned by TTLJHSC shall have no power to bind the
City of Lubbock or the CGLHD in any legal contract or in any other way without
prior written consent of the City This Agreement is not intended to, and shall not
be construed to, create any joint venture between or among the Parties.
7.2 NOTICES. All notices, consents, approvals, demands, requests, or other
communications provided for or permitted to be given under any of the provisions
of the Agreement shall be in writing and sent via registered or certified mail,
overnight courier, or email, and notice will be deemed given (i) if mailed, when
deposited, postage prepaid, in United States mail, (ii) if sent by overnight courier,
one (1) business day after delivery to the courier, and (iii) if seat by email, when
received:
COLHD
ATTN: Katherine Wells
City of Lubbock
PO Box 2000
Lubbock, TX 79457
kwells@mylubbock.us
TTUHSC
ATTN: Contracting Office
3601 4th Street, STOP 6217
Lubbock, Texas 79430
contracting@ttuhsc,edu
Notice of a change in address of one of the Parties shall be given in writing to the
other Party as provided above, but shall be effective only upon actual receipt.
7.3 AMENDMENT, This Agreement and each of its provisions shall be binding upon
the Parties and may not be waived, modified, amended, or altered except by in
writing signed by the Parties.
7.4 ASSIGNMENT. Neither Party may assign this Agreement, in whole or in part,
without the prior written consent of the other Parry.
1.5 ZHI LGYMFN. T° C ER`It CA7 0N. Pursuant to Texas Government Code §
669.003, COLRD certifies that it does not ernploy, or has disclosed its employment
of, any former executive head of a Texas State agency or entity.
7.6 MIDICA1L JUDGI�TEN . Each Party represents and warrants that all decisions
regarding the medical care of patients shall be based solely upon the professional
medical judgment of a patient's attending physician(s) and shall be rnade in the best
interests of patients, that the aggregate benefit given or received under this
Agreement, whether in cash or in kind, has been determined in advance through a
process of arms-iengtb negotiations that were intended to achieve an exchange of
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goods andJor services consistent with fair market value in the circumstances, and
that any benefit given or received under this Agreement is not intended to induce,
does not require, and is not contingent upon, the admission, recommendation or
referral of any patient, directly or indirectly, to the other Party.
7.7 CONFIDIEN ULITY. Deputy Medical Director is providing Services as part of
COLHD'S workforce, as the term is defined under HTPAA, and is subject to
confidentiality obligations applicable to COLHD'S employees and other persons
under its control.
7.8 PUBLICITY AND MARKS. COLHD agrees that it will not use TTUHSC's name
or protected (narks without TTUHSC's prior written approval.
7.9 VENUE; GOVERNING LAW, This Agreement is governed by and construed
and enforced in accordance with the laws of the State of Texas, The state or federal
courts of Lubbock County, Texas, shall be the sole proper place of venue for any
legal action or pro seeding arising out of this Agreement or the enforcement of any
provision in this Agreement.
7,10 SEVERABILITY. If one or more provisions of this Agreement, or the application
of any provision to any party or circumstance, is held invalid, unenforceable, or
Illegal in any respect, the remainder of this Agreement and the application to other
parties or circumstances will remain valid and in full force and effect.
7.11 NO THIRD PARTY BENEFICIARIES, This Agreement shall be binding upon
and inure to the benefit of the Parties hereto, their successors and permitted assigns.
Nothing to this Agreement is intended, nor shall be deemed, to confer any benefits
on any third party, including, without limitation, any patients of the COLHD not
shall such person or entity have any right to seek, enforce or recover any right or
remedy with respect hereto.
7,12 WARRANTY OF AUTHORITY, The persons) executing this Agreement on
behalf of the parties, or representing themselves as executing this Agreement on
behalf of a Party, warrant and guarantee that each has been duly authorized by the
appropriate Party to execute this Agreement on behalf of the Party and to validly
and legally bind the Party to all of its terms, performances, and provisions,
7.13 ENTIRE AGREEMENT, This Agreement contains the entire agreement of the
Parties concerning the subject matter described herein and there are no other
promises or conditions in, any other agreement whether oral or written concerning
the subject matter described herein. This Agreement supersedes any prior written
or oral agreements between the Patties concerning the subject matter described
herein,
1.02-14 Page 6 of 7
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7,14 Iv -SIGNATURES. This Agreement may be executed in two or more counterparts,
each of which are deemed to be an original as against any Party whose signature
appears thereon, but all of which together shall constitute but one and the same
instrument. Signatures to this Agreement transmitted by facsimile, by electronic
mail in "portable document format" (".pdf'), or by any other electronic means
which preserves the original graphic and pictorial appearance of the Agreement,
have the same effect as physical delivery of the paper document bearing the original
signature.
CITY tLUBBZ'.��'
SHELIA PATTERSON HARRIS,
MAYOR PRO TEM
DATE: March 5. 2024
A ST: ni-2j6/
7
Courtney Paz,
City Secretary
O AS TO CONTENT:
atberine Wells
City of Lubbock Health Director
APPROVED AS TO Pvwfd
Rachael'Foster
Assistant City Attorney
TEXAS TECH UMVBRSITY
MALTH SCIENCES CENTER:
P
)3y: Pmny Markny rkb 14. 20 M7 CS71
Penny Harkey
Executive Vice president
DATE: "� 11 � (9,�
Although not a Party to this
Agreement, I hereby acknowledge
that I have read this Agreement and
understand the obligations
he a der:
James rg, MD.
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