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HomeMy WebLinkAboutResolution - 2018-R0081 - Community Needs Assessment - TTU - 02/22/2018Resolution No. 2018-R0081 Item No. 6.11 February 22, 2018 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, an Interlocal Agreement for Services, Community Health Needs Assessment, for production of a Community Needs Assessment, by and between the City of Lubbock and Texas Tech University Health Sciences Center on behalf of its F. Marie Hall Institute for Rural and Community Health, and related documents. 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 City Council. Passed by the City Council on February 22, 2018 DANIEL M. POPE, MAYOR ATTEST: Retie ca Garza, City Se reta APPROV D AS TO CONTENT: Katherine Wells, Director of Public Health APPROVED AS TO FORM: n ooke, ssistant City Attorney RES.TTUHSC CNA Agreement 2.7.18 City of Lubbock Resolution No. 2018-R0081 CON2045873 AGREEMENT FOR SERVICES COMMUNITY HEALTH NEEDS ASSESSMENT This Agreement for Services ("Agreement") is made by and between TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER, a public institution of higher education in the State of Texas (hereinafter "TTUHSC"), on behalf of its F. Marie Hall Institute for Rural and Community Health (hereinafter "Institute"), and the CITY OF LUBBOCK, a Texas home rule municipal corporation, by and through the City of Lubbock Health Department, (hereinafter "FACILITY"). Both TTUHSC and FACILITY are also referred to herein as "Parry," or collectively as "Parties." WHEREAS, TTUHSC, through the Institute, is committed to the analysis of information that informs local leaders and regional and state policy makers, and assists in program planning and implementation which will ultimately lead to improved health of the individuals and communities it serves; and FACILITY desires to obtain a Community Needs Assessment ("CNA") as part of its course of business; and TTUHSC, through the Institute, has the capability of producing this analysis in the form of a CNA for individual communities; and FACILITY desires to obtain the services of TTUHSC to conduct a CNA. NOW THEREFORE, in consideration of the promises, mutual agreements, covenants, terms and conditions set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, TTUHSC and FACILITY hereby agree as follows: ARTICLE I Services TTUHSC, through the Institute, will conduct a CNA for FACILITY and prepare a written report based on its findings. To conduct the CNA, TTUHSC will perform tasks including, but not limited to the following: a. Meeting with FACILITY management team as needed. b. Gathering statistical data from sources including, but not limited to reports, surveys, and online resources. c. Preparing final reports, which will be composed of the following aspects: i. Demographics: Definition and demographics of geography and community served. N".,,umiiuiiiiuiuAuiiiiiuuuiiuuiumiiiiiiiiii`imuumuiiuiuimuiiuuiiuiuuimiiuiimi"` City of Lubbock CON2045873 ii. Health issues and outcomes: Health needs of the community. Primary and chronic disease needs and other health issues of the uninsured, low income, and minority groups. iii. Risk Factors: Includes behavioral and environmental risk factors, built environment, socioeconomic factors, etc. iv. Assets and Resources: Existing healthcare facilities and resources available. v. Documentation: Evidence of how the assessment findings were obtained. 2. FACILITY agrees to work cooperatively with TTUHSC in supplying necessary information as needed by TTUHSC to conduct a CNA for FACILITY. 3. Prior to issuance of the final CNA report, TTUHSC shall provide a draft to FACILITY for review and comment. TTUHSC shall consider all comments made by FACILITY prior to issuance of the final CNA report. ARTICLE II Term and Termination 1. Term. This Agreement shall commence on February 1, 2018, ("Effective Date") and continue in full force and effect through July 31, 2018 ("Completion Date"). 2. Termination. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days written notice of intention to terminate this Agreement. Upon notice of termination, TTUHSC shall not incur any additional expenses and shall submit an invoice for services rendered to date of notice. ARTICLE III Payment 1. FACILITY shall pay TTUHSC an amount up to $17,500.00 in accordance with ARTICLE III.2. below. 2. TTUHSC shall submit an invoice to FACILITY for payment in accordance with EXHIBIT A within fifteen (15) days of the Completion Date. FACILITY shall make payment within fifteen (15) days after receipt of invoice from TTUHSC. 3. Fair Market Value. Each Party represents and warrants that any compensation to be given 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 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. ",,iiiiiiiiiiiuiuuiiuiiuiuiiuiiunuimuuiiuiii `muiiimuiumimiiuiiiuiuuiuuimiuuiii��„ City of Lubbock CON2045873 ARTICLE IV Copyright 1. TTUHSC is the owner of the copyright in the CNA developed under this Agreement and is entitled to all the benefits contained in the United States Copyright Law effective as of the Effective Date of this Agreement. 2. Notwithstanding the forgoing, TTUHSC grants to FACILITY a royalty -free, non-exclusive right to print, distribute, and otherwise use the CNA, or any portion thereof, so long as FACILITY does not make any changes or alterations to the CNA without TTUHSC's permission. FACILITY does not have the right to sell the CNA or license its rights to any third parties. 3. This Article IV shall survive termination of this Agreement. ARTICLE V General Provisions 1. Title. TTUHSC shall retain title to any intellectual property created, generated, invented, or authored pursuant to this Agreement, including ownership of copyrights per Article IV, throughout the Term of this Agreement as well as beyond termination of this Agreement. 2. Independent Contractor Status. 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. Neither party shall have the authority to represent or otherwise bind the other party, nor shall any of their respective agents, employees or representatives be construed to be the agent, employee or representative of the other. 3. Severability. 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. 4. Assignment. Neither Party shall have the right to assign or transfer their rights to any third parties under this Agreement without prior written consent of the non -transferring Party. 5. Amendment. This Agreement, or any portion hereof, may be amended or modified in writing at any time as mutually agreed upon by the Parties. 6. Governing Law, Venue. 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. v,.o., miiumiuiuiuimuuiiuiiuiuuuiiiiiiiiiiii'°uiiiiiui1111111111111111111111111111111111111111 iiiin"'�i City of Lubbock CON2045873 7. Notice. Any and all notices permitted or required by this Agreement shall be in writing and shall be directed as set forth herein, or shall be deemed to have been duly given (a) on the date personally delivered; (b) three (3) business days after being mailed by United States post, certified and return receipt requested; or (c) one (1) business day after being sent by nationally recognized overnight courier, properly addressed as follows or such other address as may later be designated by the Party: If to TTUHSC: Texas Tech University Health Sciences Center 5307 W. Loop 289, Ste. 301, Lubbock, Texas 79414 Attn: Director, Research, Reporting and Data Management If to FACILITY: City of Lubbock 1625 131' Street PO Box 2000 Lubbock, Texas 79457-2000 Attn: City Secretary 8. Dispute Resolution. In the event that the Parties hereto fail to agree with respect to any matter covered by this Agreement, the issue in dispute shall be submitted to non -binding arbitration or to mediation, conducted pursuant to Chapter 154, Alternate Dispute Resolution Procedures, Texas Civil Practice & Remedies Code, each Party to be responsible for its own costs. This clause will survive the expiration or termination of the Agreement, whether for cause or without cause. 9. No Waiver. Failure by either Party to enforce any rights under this Agreement shall not be construed as a waiver of such rights; nor shall a waiver by either Party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances. 10. Entire Agreement. This Agreement (together with Exhibits hereto, which are hereby incorporated by this reference) constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, among themselves or their agents and representatives relating to the subject hereof. 11. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the respective Parties of this Agreement. 12. Warranty of Authority. 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, 2018-01-2iuuiumuuiuiiiiimuiuiiiuuiiiuiiuiiuiiii"uimiuiuiiiiuuiuiiiiuuuuuiiiiiiiuuuiii"`"` City of Lubbock CON2045873 IN WITNESS WHEREOF, the undersigned Parties do hereby bind themselves to the faithful performance of this Agreement. THE CITY OF LUBBOCK on behalf of Health Department By: Daniel M. Pope Title: Mayor Date: February 22, 2018 0 Attest: arza, City acre ary rca ApproM as io form:, NPPROVED AS TO CONTENT: TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER on behalf of Institute P � By: Penny Harke�6, 22018) Penny Harkey Title: Vice President and Chief Financial Officer Date: Jan 26, 2018 2018-01-25 111111IN uiiuiuimuuuiiiiuuiuuiiii6iiiiii'°iiiiiiiimiuiiuiiuiimuiiimuuiiimiiiuimi City of Lubbock CON2045873 EXHIBIT A — Budget Product/Service February 1, 2018 —July 31, 2018 Comprehensive Community Health Needs Assessment $5,000.00 Focus Group Facilitation' $7,500.00 Key Information Survey $5,000.00 Total $17, 500.00 Invoice amounts shall be based on the following fee schedule: 1. Comprehensive Community Health Needs Assessment: $5,000.00 per assessment; 2. Focus Group Facilitation: $2,500.00 per focus group; 3. Key Information Survey: $250.00 per survey. 2018-01-25 iimiiimuuiuiiuiiuiuiumiiuiiimu6iiiiii"uimiuiuiiiumiumiuuuiiiuiuuimiiiuiii.'"