HomeMy WebLinkAboutResolution - 5793 - Interlocal Governmental Agreement - TTUHSC - Professional Services - 03_26_1998RESOLUTION NO. 5793
Item #14
March 26, 1998
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 Interlocal Governmental
Agreement for professional services, attached herewith, by and between the City of
Lubbock and TTUHSC, and any associated documents, which Agreement 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 26th day March 4 1998.
WINDY SI O , YOR
ATTEST:
KaytDarnell, City Secretary
APPROVED AS TO CONTENT:
Doug Go n, Managing Director of
Health & Community Services
APPROVED AS TO FORM:
G. Vandiver, First Assistant City Attorney
DG V: gs/ccdocsPt`1'HSC.res
February 25, 1998
r RESOLUTION NO.5793
Item #14
March 26, 1998 ALMW96124/1
11
INTERLOCAL AGREEMENT
THE STATE OF TEXAS §
CONSULTANT 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 Health Department is responsible for "protecting the
health of the city . . . against contagious and infectious diseases" through surveillance and
epidemiological activities; and
WHEREAS, the Department of Family and Community Medicine, a Division of
Preventive Medicine, at the Texas Tech University Health Sciences Center has available an
individual qualified to provide consultation services; NOW THEREFORE:
WTTNESSETH:
This Interlocal Governmental Agreement is entered into this first day of
October , 199 7, by and between the CITY OF LUBBOCK,
hereinafter called "City", and the TEXAS TECH UNIVERSITY HEALTH SCIENCES
CENTER, hereinafter called "TTUHSC", for the mutual covenants hereinafter set forth and
University and City hereby agree as follows:
ARTICLE I
SERVICES TO BE PROVIDED
1. TTUHSC hereby agrees to provide the City Health Department with the professional
services of Dr. Ronald Douglas Warner, hereinafter called "Dr. Warner", to provide
surveillance and epidemiology consultation services. Such contract shall be subject to
approval of the City Council of the City of Lubbock. Dr. Warner shall perform the
following specific duties under the administrative supervision of the department manager:
a. Develop data base and methodology(ies) for collection. Identify what data
is significant in determining the health and illness status of the citizens of
Lubbock.
b. Review data collected for accuracy and completeness.
C. Interpret data as it reflects the health and illness status of the citizens of
Lubbock, and in achieving the goals of Healthy People/Healthy
Communities 2000.
d. Recommend sentinel collection points (physicians, clinics) by type and
number. Determine significance in reporting to identify epidemic situation.
e. Provide consultation in preventing disease outbreaks and/or minimizing
disease spread.
f. Evaluate efficacy of health care programs in the community.
g. Forecast health care needs based on statistical data.
h. Report to the Board of Health and City Council, as required, regarding
surveillance and prevention activities, interpretation of data, health status
of the community and recommendations for health planning.
i. Develop new insights and innovative solutions to health problems through
conduct of or participation in public health research.
2. This contract shall be for a term of two (2) years and may be renewed for successive terms
by mutual consent of the parties in writing.
3. This Contract calls for the performance of services of TTUHSC as an independent
contractor. TTUHSC 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 any disagreement pertaining to consultation and recommendations, Dr.
Warner may request such dispute be resolved by a joint meeting of the department
manager, department director, health authority, and the City Manager or his designated
representative. In the event Dr. Warner is overruled in such joint meeting, or in the event
time does not allow such a meeting and Dr. Warner is overruled, Dr. Warner shall be held
harmless by the City for any claim of any nature whatsoever arising from the action of the
City in overruling Dr. Warner.
INTERLOCAL AGREEMENT
TTU HEALTH SCIENCES CENTER - PAGE 2
ARTICLE II
CONTRACT AMOUNT
The City will pay TTUHSC for the consultant services of Dr. Warner $400.00 per month
for 10 hours of service. Services rendered in excess of 10 hours per month will be paid at $35.00
per hour, not to exceed $15,000 for each year of this Contract. The City will remit the amount
owed on a monthly basis, upon receipt of a billing statement from TTUHSC. The City will make
the payments for the performance of Dr. Warner's services from current revenues available to the
City.
ARTICLE III
TERM OF CONTRACT
This Agreement shall commence on the f i r s t day of October , 1997,
and shall continue in effect for two years, 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 thirty (30) days written notice of termination.
ARTICLE IV
APPLICABLE LAW
This Contract is an interlocal agreement executed under the laws of the State of Texas and
its interpretation is governed by the laws of the State of Texas. Venue and jurisdiction of any suit
or cause of action arising under or in connection with this Agreement shall lie exclusively in
Lubbock County, Texas.
ARTICLE V
FORCE MAJEURE
To the extent that either party to this Contract shall be wholly or partially prevented from
the performance of the term specified or of any obligation or duty placed on such party by reason
of or through strikes, stoppages of labor, riot, fire, flood, acts of war, insurrection, court
judgment, act of God or other specific cause reasonably beyond the party's control and not
attributable to its malfeasance, neglect, or nonfeasance. In such event, the time for the
performance of such obligation or duty shall be suspended until such disability to perform is
removed.
NMRLOCAL AGREEMENT
TTU HEALTH SCIENCES CENTER - PAGE 3
ARTICLE VI
SEVERABILITY
Both parties agree that should any provision of this Contract be determined to be invalid
or unenforceable for any reason, such determination shall not affect any other term of this
Contract, which shall continue in full force and effect.
ARTICLE VII
AMENDMENTS
Except as otherwise provided herein, this Contract cannot be modified or amended except
by written agreement of the parties hereto.
ARTICLE VM
ASSIGNMENT
Neither party shall have the right to assign or transfer their rights to any third parties under
this Agreement.
ARTICLE X
ENTIRE AGREEMENT
This Contract constitutes the complete agreement between the parties hereto and
supersedes any or all oral and written agreements between the parties relating to matters
contained herein.
D TERLOCAL AGREEMENT
TTU HEALTH SCIENCES CENTER - PAGE 4
ALMW96124/1
EXECUTED this f i r s t
Lubbock, Lubbock County, Texas.
CITY OF LUBBOCK:
IF.- we-01
A EST:
ayth' arnell, City Secretary
APPROVED AS TO CONTENT:
Doug oo n, Managing Director of
Health & unity Services
p11A-TTHSC.D0C
CityAtVrev. February 25, 1998
day of October 1997� at
TEXAS TECH UNIVERSITY HEALTH
SCIENCES CENTER:
BY:
Name: ELMO M. CAVIN
Title: Vice President for Fiscal Affairs
Date:
REVIEWED FOR FORM:
BY:
Name:
Title: Associate General Counsel
Date: - -- / jp —'j�
INTERLOCAL AGREEMENT
TTU HEALTH SCIENCES CENTER ---- PAGE 5