HomeMy WebLinkAboutResolution - 2021-R0243 - Medical Director Agreement with TTUHSCResolution No. 2021-R0243
Item No. 6.14
July 13, 2021
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 Medical Director Agreement between the City of
Lubbock and Texas Tech University Health Sciences Center to provide a qualified medical
director to act as 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 the City Council on July 13, 2021
DANIEL M. POPE, MAYOR
ATTEST:
Rebe a arza, City Secretar
APPROVED AS TO CONTENT:
Bill erton, Depu i anager
APPROVED AS TO FORM:
Ryan ooke, Assistant City Attorney
RES.COLHD Medical Director -Ronald Cook 6.10.21
Resolution No. 2021-R0243
City of Lubbock
CON3024155
MEDICAL DIRECTOR AGREEMENT
(City of Lubbock Health Department Medical Director)
This is a Medical Director Agreement between the CITY OF LUBBOCK, acting by and
through its Health Department (hereafter referred to as COLHD), and TEXAS TECH
UNIVERSITY HEALTH SCIENCES CENTER, on behalf of its School of Medicine,
Department of Family & Community Medicine, Lubbock Campus, (hereafter referred to
as TTUHSC). Funding for this Agreement will be provided by the City of Lubbock general
funding.
SERVICES TO BE PROVIDED
TTUHSC hereby agrees to provide the City of Lubbock Health Department with the
professional services of RONALD L. COOK, D.O. (hereafter referred to as "Dr. Cook",
a TTUHSC employed physician) to act as MEDICAL DIRECTOR for the COLHD,
subject to approval by the City Council of the City of Lubbock.
In the event that Dr. Cook is unable to fulfill his obligations for the term of this contract,
TTUHSC agrees to provide a suitable member of its faculty to perform the services of
Medical Director for the COLHD as set forth in this Agreement.
TTUHSC agrees its employed physician, Dr. Cook, as Medical Director for the COLHD,
shall perform the following duties under the administrative supervision of the City of
Lubbock Health Department Manager:
1. Approve clinic procedures, protocols, and standing orders for clinical
services provided by COLHD professional and paraprofessional nursing
and clerical staff, including:
a. Supervision of procedures and protocols based on federal and state
regulations, and on generally accepted standards of care.
b. Approving COLHD manuals at least annually, after review and revision
by COLHD clinic staff.
c. Supervision of procedures and protocols for clinical services currently
provided at the Lubbock Health Department, including immunizations
and diagnosis and treatment of Sexually Transmitted Diseases.
d. Clinical supervision of Nurse Practitioner
2. Provide COLHD with the physician provider number for submission of
Medicare claims for influenza vaccine administration. The parties agree
that duties provided as Medical Director under this Agreement do not
include providing direct patient care.
City of Lubbock
CON3024155
The parties agree and acknowledge that:
1. Nothing in this Agreement is intended nor shall be construed to create an
employer/employee relationship between the contracting parties nor to
grant power to bind the other party in any legal contract or in any other way
without prior written consent of the other party.
2. Medical Director is providing Medical Director Services as part of
COLHD'S workforce, as the term is defined under HIPAA, and is subject
to confidentiality obligations applicable to COLHD' S employees and other
persons under its control.
Each party represents and warrants on behalf of itself, 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 made 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 -length negotiations that were
intended to achieve an exchange of goods and/or services consistent with fair market value
in the circumstances, and that any benefits 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.
The City of Lubbock will pay TTUHSC THREE THOUSAND TWO HUNDRED AND
NO/100 ($3200.00) dollars per month for approximately eight hours of service per month,
using the established procedures of the City of Lubbock. Both parties agree that Medical
Director shall maintain a log of time spent with a description of the activities for each time
period.
TTUHSC and COLHD represent and warrant that neither Party has been excluded from
any federal healthcare program, that no basis for such exclusion exists, to the best of the
parties' knowledge, and that neither Party has been subject to any final adverse action as
defined under the Health Care Fraud and Abuse Data Collection Program. Both parties
agree to notify the other immediately if either is subject to an inquiry, investigation, or final
adverse action by a government agency, third -party payer, or intermediary as to the
provision of services under this Agreement.
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 own employees and agents, in connection with this Agreement. This provision shall
survive any termination or expiration of this Agreement.
City of Lubbock
CON3024155
Pursuant to 42 U.S.C. Section 1395x(v) (1)(I) and 42 C.F.R. Part 420, Subpart D Section
420.300 et M., TTUHSC and COLHD shall, until the expiration of four (4) years after the
furnishing of Medicare reimbursable services pursuant to this Agreement, upon proper
written request, allow the Comptroller General of the United States, the Secretary of Health
and Human Services, and their duly authorized representatives access to this Agreement
and to the parties books, documents and records necessary to certify the nature and extent
of costs of Medicare reimbursable services provided by Physician under this Agreement
are carried out by means of a subcontract with an organization related to
TTUHSC/Physician, and such related organization provides the services at a value or cost
of $10,000.00 or more over a twelve-month period, then the subcontract between
TTUHSC/Physician and the related organization shall contain a clause comparable to the
clause specified in the preceding sentence.
This agreement is made effective July 1, 2021, 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.
All notices, requests and communications required or permitted hereunder shall be in
writing and shall be sufficiently given and deemed to have been received upon personal
delivery or delivery by overnight courier or, if mailed, upon the first to occur of actual
receipt or seventy-two (72) hours after being placed in the United States mail, postage
prepaid, registered or certified mail, receipt requested, addressed to the Parties at the
addresses set forth below:
If to TTUHSC:
Family Medicine
3601 4th Street STOP 8143
Lubbock, TX 79430
ATTN: Juli McCauley
If to COLHD:
City of Lubbock
Health Department
P.O. Box 2000
Lubbock, TX 79457
ATTN: Katherine Wells
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.
1111111111111111111111111111111111111111 11111111111 Jill
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City of Lubbock
CON3024155
This Agreement shall be governed by and construed and enforced in accordance with the
laws of the State of Texas. Venue shall be in the state or federal courts of Lubbock County,
Texas.
COLHD certifies this Agreement is not prohibited under Tex. Gov't Code §2261.252(b)
and agrees that if COLHD's certification is or becomes untrue, this Agreement is void, and
COLHD will not seek and waives its right to seek any legal or equitable remedy for past
or future performance under this Agreement, including damages, whether under breach of
contract, unjust enrichment, or any other legal theory; specific performance; and injunctive
relief.
"Event of Force Majeure" means an event beyond the control of COLHD or TTUHSC
which prevents or makes a party'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 flood); 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
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.
The person(s) 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.
This Agreement may be executed in two or more counterparts, each of which shall be
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, shall have the same effect as physical delivery of the paper
document bearing the original signature.
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City of Lubbock
CON3024155
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 Parties concerning the subject
matter described herein.
CITY OF LUB CK:
BY:
Daniel M. Pope
Mayor
DATE: July 13, 2021
ATTEST:
e)J�e, A-)
Rebe •ca arza,
City Secretary
APPROV S TO CONTENT:
RLAeri'he Wells
City of Lubbock Health Director
APPROVED AS TO FORM:
Ryan BXoke—
Assisfam City Attorney
TEXAS TECH UNIVERSITY
HEALTH SCIENCES CENTER:
BY:7e-- -nkt Jun 9, zobzt MCDTI
Penny Harkey
Executive Vice President
DATE: 06/09/2021
Although not a Party to this
Agreement, I hereby acknowledge
that I have read this Agreement and
understand the obligations
hereunder:
,V01164WL. Cooly 00 tilX
Ronald L. Cook, DO, MBA (Jun 9, 202110:17 CDT)
Ronald L. Cook, D.O.
2021-06-09 Page 5 of 5 TTUHSC
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