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HomeMy WebLinkAboutResolution - 4026 - Agreement - TTUHSC - University Staff Physician, Health Authority - 11_19_1992Resolution No. 4026 November 19, 1992 Item #14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Services Agreement by and between the City of Lubbock and the Texas Tech University Health Sciences Center, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitut an e part of this Resolution as if fully copied herein in detail. Passed by the City Coubcil this /1�th d V of /NovembgW , 1992. �W h_ ATTEST: Sally StIll Abbe, Acting City Secretary APPROVED AS TO CONTENT: Rita Harmon, Assistant City Manager APRR=ED AS TO FORM: D&(ald G.- Vandiver, -First Assistan City Attorney DGV:dw/Agenda-D2/Physcn.doc November 12, 1992 Resolution No. 4026 November 19, 1992 Item #14 ALMW93165 THE STATE OF TEXAS PROFESSIONAL SERVICES AGREEMENT COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock, Texas, a home rule municipal corporation, has created and operates a local health department in accordance with Section 121.031 of the Texas Health and Safety Code; and WHEREAS, the City of Lubbock has appointed a non -physician director of the local health department in accordance with Section 121.033 of the Texas Health and Safety Code; and WHEREAS, subject to approval of the Lubbock City Council, said director may appoint a physician to serve as the health authority for the local jurisdiction; and WHEREAS, the Texas Tech University Health Sciences Center has available qualified physicians to perform such services on behalf of the local health department; and WHEREAS, it is the desire of the Lubbock City Council and the Health Sciences Center to cooperate in providing such services to the citizens of the local jurisdiction; NOW THEREFORE: WITNESSETH: THAT the City of Lubbock, hereinafter called "City," and the Texas Tech University Health Sciences Center, hereinafter called "University," do hereby agree upon the following terms and conditions for and in consideration of the mutual covenants hereinafter expressed. ARTICLE I SERVICES TO BE PROVIDED 1. The University hereby agrees to provide the City Health Department with a University staff physician upon the request of the department's director to serve as health authority to the local jurisdiction. It is desirable that the primary physician be a specialist in preventive medicine if such specialist is available and mutually agreeable to the City and the University. An alternative area of specialization would be family medicine. Such appointment shall be subject to approval of the City Council of the City of Lubbock. Such physician shall meet the qualifications of Section 121.022 of the Texas Health and Safety Code and shall perform the following specific duties under the administrative supervision of the department director: 1. Sign for biologicals used in the normal operation of the clinics. 2. Sign prescriptions for rabies prophylaxis for animal control employees and other vaccines used to prevent illnesses in employees. 3. Meet with the Pharmacy and Therapeutics Committee, which meets annually for the purpose of developing policies, procedures, and formulary for the Health Department Pharmacy. 4. Once a year review Nurse Practitioner and Clinic Protocols. 5. Once a year review all Standing Orders for clinic operations. 6. As appropriate, sign patient records for patients receiving treatment in Health Department Clinics. 7. As necessary, sign Medicaid applications. 8. Consult with staff, as necessary, about patient treatment, community disease outbreaks, or on matters related to health laws, ordinances, rules and/or regulations. 9. Perform each duty that is necessary to implement and enforce any law to protect the public health and each duty prescribed by the Texas Board of Health including, but not limited to the following: a) establishing, maintaining, and enforcing quarantine; b) assisting and aiding the Texas Board of Health in all matters of local quarantine, inspection, disease prevention and suppression, birth and death statistics, and general sanitation; c) reporting to the Texas Board of Health in such manner and form and at such times as it shall prescribe, the presence of contagious infections, and dangerous epidemic diseases; d) aiding the Texas Board of Health at all times in the enforcement of proper rules, regulations, requirements and ordinances and in the enforcement of all sanitation laws, quarantine regulations and vital statistic collections; Agent/TTHSG Page 2 e) reporting to the Texas Board of Health on all matters as may be proper for the board to direct. In addition, said physician shall perform such other duties as are required by law, ordinance or the requirements of this contract, and shall follow the administrative direction of the department director. 2. The physician so appointed shall serve for a term of two (2) years and may be appointed for successive terms. However, the director may require the University to replace such physician at any time. Such replacement shall be subject to the approval of the governing body. Also, the University shall be required to have available a physician meeting the requirements of a health authority as set out in the Health and Safety Code, Section 121.022 to serve if the designated physician shall be absent or incapacitated. 3. The physician shall not be an employee of the City and shall have no power to bind the City in any legal contract or in any other way without prior written consent of the City. 4. In the event of a medical emergency requiring City Health Department action, the physician shall give first priority to his duties as health authority for the local jurisdiction. 5. In the event of any disagreement pertaining to executive and medical duties, the physician may request such dispute be resolved by a joint meeting of the director, the health authority, and the City Manager or his designated representative. In the event the physician is overruled in such joint meeting, or in the event time does not allow such a meeting and the physician is overruled, the physician shall be held harmless by the City for any claim of any nature whatsoever arising from the action of the City in overruling the physician. ARTICLE II CONTRACT AMOUNT The City will pay to the University for administrative services $15,000.00 for each year of this contract. Upon receipt of a monthly billing statement, the City will pay the Texas Tech University Health Sciences Center $85.00 per hour of physician services performed at the request of the Health Director. ARTICLE III PROFESSIONAL LIABILITY INSURANCE Any physician performing services under this agreement shall maintain professional liability coverage as provided under the Texas Tech University Health Sciences Center - Medical Malpractice Self -Insurance Plan. Agmt/TTHSC Page 3 ARTICLE IV TERM OF CONTRACT This agreement shall commence on the 2nd day of December , 1992, and shall continue in effect for two year, unless it shall be continued thereafter in successive two year terms, by mutual consent of the parties in writing. Termination of this agreement may be had by either party giving the other party ninety (90) days written notice of termination. EXECUTED this 2nd day of Lubbock, Lubbock County, Texas. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER: ELMO M. CAVIN, Vice President f Finance DPh2YL M. WLLTAMS, M.D. Dean, School of Medicine ATTEST: Secretary APPROVED AS TO FORM: B. a. HEMMELINE, Associate General Counsel DGV:dw cont-agrt/D#4/A-TTHSC.doc November 10, 1992 --December , 1992, at CITY O L BBOCR.t� / ,/ M:� &.1gre10y,agM01 ATTEST: :s'--acn aa-C� SALLY STILL ABBE, Acting City Secretary APPROVED AS TO CONTENT: RITA P. HARMON, Assistant City Manager APPROVED AS TO FORM: xv, ��IA)�P)'-T DMALD G. ANDIV R, Firs Assistant City Attorney Agmt/TTHSC Page 4