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HomeMy WebLinkAboutResolution - 4980 - Agreement - Occupational Medicine Center - Physical Examinations - 10_12_1995Resolution No. 4980 October 12, 1995 Item #14 ILMW92181/1 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 an Agreement by and between the City of Lubbock and Occupational Medicine Center, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: Betty M. Johnson, Oity Secretary APPROVED AS TO CONTENT: Mary Aaidrjvs. Director of Human Resources APPROVED AS TO FORM: Harold Willard, Assistant City Attorney HW : da/ccdocs/omc.res September 22, 1995 Resolution No. 4980 October 12, 1995 Item #14 STATE OF TEXAS § COUNTY OF LUBBOCK § ILMW92181/1 KNOW ALL MEN BY THESE PRESENTS: AGREEMENT This Agreement is hereby made between the CITY OF LUBBOCK, TEXAS, a home rule municipality of Lubbock County, Texas, hereinafter called "CITY," and TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER, hereinafter called "TTU." WITNESSETH WHEREAS, the CITY solicited proposals from hospitals and other health care professionals to provide physical examinations for pre -placement job applicants and promotional candidates; and WHEREAS, the OCCUPATIONAL MEDICINE CENTER OF TTU submitted a proposal to CITY which demonstrates that TTU has knowledge of and training in occupational medicine and can provide CITY with the services it desires; NOW THEREFORE: The CITY and TTU agree as follows: I. TTU shall perform those duties described in the CITY's Request for Proposal #13286 (the "RFP") including, but not limited to, physical examinations for pre -placement job applicants and promotional candidates, consultations, on -site visits and expert witness testimony. Such duties shall be performed by TTU in a timely manner and at the request of the CITY's Human Resources Department. II. TTU shall perform the duties described in the RFP for the monetary consideration described in TTU's Response to RFP #13286 (the "Response"). Both the RFP and the Response referred to herein are incorporated into this Agreement and made a part hereof for all intents and purposes. In the event of a conflict between the RFP and the Response, the RFP shall be controlling. 4i:�# aa� The initial term of this Agreement shall be for one (1) year beginning on the day of 19 95, and ending on the / S- I" day of Or_yv 6t�- , 191C, but shall be automatically renewed for two (2) successive one- year terms unless either party hereto shall give written notice to the other party of a desire to terminate the Agreement at least thirty (30) days prior to expiration of the initial term or, if applicable, the first subsequent one-year term. IV. CITY agrees to pay TTU for the services that TTU provides CITY under this Agreement within thirty (30) days of receipt by the CITY's Human Resources Department of a proper invoice from TTU. V. In performing this Agreement, TTU shall observe and comply with all federal, state and local laws, ordinances, rules and regulations now in force or hereafter enacted or promulgated. CITY shall not be responsible for the cost of any insurance, taxes, licenses or permits necessary for TTU to do any work or render any services required by this Agreement. VI. Either party may terminate this Agreement for default or failure by the nonterminating party to perform any of the covenants or conditions contained herein, provided such nonterminating party has been given written notice of the default or failure and a reasonable opportunity to cure the same. VII. Nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship between the 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. VIII. If any term or provision of this Agreement is held to be invalid for any reason, the invalidity of that term or provision shall not affect the validity of any other term or provision of this Agreement. The remaining terms and provisions in this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. IX. Neither party shall have the right to assign or transfer their rights under this Agreement to any third parties. AGREEMENT -- TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER Page 2 94 Each party shall indemnify and hold harmless the other with respect to all claims, costs and expenses (including attorneys' fees) arising from the negligence or misconduct of the indemnifying party or its employees or agents with respect to provisions of services pursuant to the Agreement, insofar as allowed by the laws and the constitution of the State of Texas. XI. The laws of the State of Texas shall govern the validity, performance and enforcement of this Agreement and venue for any legal proceedings shall be in Lubbock County, Texas. This Agreement may be amended in writing to include any provisions that are agreed to by the contracting parties. XIII. Any required notice to CITY provided for herein shall be sufficient if delivered in person or by certified mail, return receipt requested, to the Director of Human Resources, P. O. Box 2000, City of Lubbock, Texas 79457, and any such notice to TTU shall be sufficient if sent in the same manner to the Administrator, Occupational Medicine Center, 5-115 Thompson Hall, Texas Tech University Health Sciences Center, 6th Street and Flint Avenue, Lubbock, Texas 79430, or such other addresses as may be designated by the parties hereto in writing from time to time. AGREEMENT -- TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER Page 3 IN WITNESS WHEREOF, the parties have executed this Agreement on this the 12th day of October 11995 - ATTEST: n'� Betty . Johnso , City Secretary APPROVED AS TO CONTENT: - *d4�' 4v�ati�z- Mary Andr s, Director of Human Resources APPROVED AS TO FORM: . 9�aa—VtL'—/� Harold Willard, Assistant City Attorney HW :da/cityatt/a-TTU.doc October 3, 1995 XAS TECH UNIVERSITY HEALTH [ENCES CENTER ELMO M. CAVIN, VICE PRESIDENT FOR FISCAL AFFAIRS DATE: REVIEWED FOR FORM: 4ANAIA, 0 - 4111- Associate General Counsel — 6 DATE: AGREEMENT -- TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER Page 4