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HomeMy WebLinkAboutResolution - 2021-R0322 - Texas Tech Health Sciences Health Center Dermatology Clinic 8.24.21August 24, 2021 DANIEL M. POPE, MAYOR Resolution No. 2021-RO322 Item No. 7.19 August 24, 2021 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 Professional Services Agreement to provide the City of Lubbock Health Department (COLHD) with employed physicians who work in the Texas Tech University Health Sciences Center (TTUHSC) Dermatology Clinic to provide early and periodic screening, diagnosis and treatment of sexually transmitted diseases for the COLHD, by and between the City of Lubbock and the TTUHSC. Said Professional Services 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 ATTEST: Re ecca Garza, City Secretary APPROVED AS TO APPROVED AS TO FORM: Ry 4Brke, ssistant City Attorney RES.COLHD-TTUHSC PSA-STD Physician 8.2.21 Resolution No. 2021-R0322 City of Lubbock CON3091247 PROFESSIONAL SERVICES AGREEMENT (City of Lubbock Health Department STD Physician Agreement) This is a Professional Services Agreement between the CITY OF LUBBOCK, acting by and through its Health Department (hereafter referred to as COLHD), and the 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 its employed physicians (the "Physicians") who work in the TTUHSC Dermatology Clinic (hereafter referred to as "Dermatology Clinic") to provide EARLY AND PERIODIC SCREENING, DIAGNOSIS AND TREATMENT OF SEXUALLY TRASMITTED DISEASES for the COLHD, subject to approval by the City Council of the City of Lubbock. In the event that TTUHSC is unable to provide physicians employed by TTUHSC who work in the Dermatology Clinic to fulfill the obligations for the term of this contract, TTUHSC agrees to provide a suitable member of its faculty to perform the services for the COLHD as set forth in this Agreement. TTUHSC agrees that the Physicians shall perform the following duties under the administrative supervision of the City of Lubbock Health Department Manager: 1. Examine and diagnose lesions as referred by the COLHD nursing staff. 2. Write prescriptions for COLHD clients seen in the Sexually Transmitted Disease (STD) Clinic 3. Sign all COLHD STD client charts. 4. Provide education to COLHD STD clinic clients. 5. Provide liquid nitrogen treatments to COLHD STD Clinic clients. 6. Approve prescriptions and/or medications via phone as requested by the COLHD nursing staff for STD clinic clients. 7. Provide other physician -related services for COLHD STD Clinic clients, as needed. 8. Staff a physician clinic at least one a month to see STD Clinic clients. Specific times will be scheduled through the mutual agreement of the Physicians and COLHD. 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 Page 1 of ,m". IIIIIIIIIIII3 IIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIINIIIIIIIIIII 11111111111111111111111111111111111111111111 I IIIIIIIIII "�� City of Lubbock CON3091247 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 ONE HUNDRED DOLLARS ($100.00) per hour, to a maximum of EIGHT HUNDRED DOLLARS ($800.00) per month for approximately eight hours of service per month, using the established procedures of the City of Lubbock. Both parties agree that the Physicians shall maintain a log of time spent with a description of the activities for each time period. The Parties enter into this Agreement with the intent of conducting their relationship in full compliance with the federal physician anti -referral law, the Medicare and Medicaid Anti - Fraud and Abuse law and the Texas Occupations Code patient non -solicitation law. Notwithstanding any unanticipated effect of any of the provisions herein, neither Party will intentionally conduct itself under the terms of this Agreement in a manner to constitute a violation of the Medicare and Medicaid Anti -Fraud and Abuse law or Texas Occupations Code patient non -solicitation law. 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 writing 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. 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 payor, 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 negligence, gross negligence, willful misconduct or legal wrongdoing of their own employees and agents in any way connected with the performance of any work under this Agreement which results in claims or liabilities, penalties, costs or expenses as authorized by Texas law. This provision shall survive any termination or expiration of this Agreement. Pursuant to 42 U.S.C. Section 1395x(v) (1)(I) and 42 C.F.R. Part 420, Subpart D Section 420.300 et seq., 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 202,07. iii 11111111111111111Ni111111111111 umuiuifiiiiiiiniuuiMuiiiiuiiiuiiiiiiuiiiiuiiiuumin`..� City of Lubbock CON3091247 2021-07-19 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. In the event this Agreement is terminated, 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 COLHD shall pay TTUHSC for such Services within thirty (30) days of receipt of TTUHSC's termination statement. 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. Nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship between the contracting Parties. The sole interest and responsibility of the Parties is to ensure that the services covered by this Agreement shall be performed and rendered in a competent, efficient, and satisfactory manner. If any term or provision of this Agreement is held to be invalid for any reason, the invalidity of that section shall not affect the validity of any other section of this Agreement provided that any invalid provisions are not material to the overall purpose and operation of this Agreement. The remaining provisions of this Agreement shall remain in full force and shall in no way be affected, impaired, or invalidated. 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: TTUHSC Department of Dermatology 3601 41h St. STOP 9400 Lubbock, TX, 79430 If to COLHD: City Secretary 1625 131h Street PO Box 2000 Lubbock, TX 79408-2000 With Copy to: City Health Director 806 181h Street PO Box 2000 Lubbock, TX 79408-2000 miuimiiHiiiuiiiuiiiiiiu�iuiiiiuniiiiiiii imuiuiiuiiiiuiiiiuiiuiniiiiiniimiiuuiiii���` City of Lubbock CON3091247 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. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their successors and permitted assigns. Nothing in this Agreement is intended, nor shall be deemed, to confer any benefits on any third party, including, without limitation any patients of the COLHD, nor shall such person or entity have any right to seek, enforce or recover any right or remedy with respect hereto. 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. 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. Neither Party may assign this Agreement, in whole or in part, without the prior written consent of the other Party. 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. Neither Party to this Agreement shall use the name or indicia of the other Party, nor of any of a Party's employees, in any manner of publicity, advertising, or news releases without prior written approval of the other Party. 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 made on the date written below, effective January 1, 2021, and may be continued by mutual written agreement executed 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. ro=a,.,uiiiiiim�iiiiuiiiiunuiuiiuniiiiiiiuuJill '°uiiiiiuiiaiiiiiimiiimiiimiiimiiiiiuiiuiii�`..� City of Lubbock CON3091247 CITY OF LUBBOCK: BY: ( '—�A ---- Daniel Pope Mayor DATE: August 24, 2021 AT EST: Re ecca Garza, City Secretary APPROV AS TO CONTENT: VVV Kat erine Wells, City of Lubbock Health Director APPROVED AS TO FORM: 4Ryjr�ke,�As'sis ant City Attorney TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER: P N BY: Penny Harkey (Jul 19, 2021 1 .20 CDT) Penny Harkey Executive Vice President DATE: 07/19/2021 S:lcityattlCITYATTUGHMHealth Dept\2016 2 11 v CON1576572 Dermatology Clinic Agreement Rev KW v2 12 2016a (JCG Edit 1.2).doc ,0_ -0' 19I IIIAI hll IIIIIII,IIIIII lul IIII Jill , I 111111111111111111111111111111111111111 IN IIII IIIIIIIIIIII 1111111111111111111111111����