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HomeMy WebLinkAboutResolution - 2012-R0466 - Agreement - Forensic Nurse Staffing Of West Texas - 12_06_2012Resolution No. 2012—RO466 December 6, 2102 Item No. 5.15 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 Agreement for services by and 'between the Forensic Nurse Staffing of West Texas for the collection of biological evidence, 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 Council. Passed by the City Council this ATTEST: Reb cca Garza, City Secreta APPROVED AS TO CONTENT: Roger lis, Police Chief i APPROVED AS TO FORM: Si~ - stant City Attorney Res.Agrrpnt.Forensic Nurse Staffing oE' West Texas ro.r2.iz December 6 2012. GL AeRObWVRTSON, O. Resolution No. 2012-RO466 13159-0 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § AGREEMENT FOR SERVICES WHEREAS, it is in the public's interest to collect certain evidence for the investigation of crime; and WHEREAS, the Police Department of the City of Lubbock is lawfully charged with the investigation of crimes within the City; and WHEREAS, the Texas Tech University Health Sciences Center School of Nursing can provide the City with the specialized service of the collection of biological evidence for the Police Department by consent or search warrants; NOW THEREFORE: ARTICLE I PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which TTUHSC SON will provide City with medical evaluation, case review, consultation and other needed services in investigations referred to TTUHSC SON by the Police Department of the City. ARTICLE lI DEFINITIONS LPD --Police Department of the City of Lubbock. City --The City of Lubbock, Texas. TTUHSC SON --Texas Tech University Health Sciences Center School of Nursing. Patient-- Individual from whom the biological evidence is being obtained. ARTICLE III SERVICES PROVIDED 1) TTUHSC SON will provide exam services for the collection of biological evidence in cases wherein the Police Department has obtained a search warrant or a signed consent form from the patient for the collection of such evidence. 2) TTUHSC SON shall provide any and all supplies necessary and/or required for the collection of biological evidence as described above at no additional cost to the City. 13154-0 3) The Police Department shall provide TTUHSC SON and University Medical Center with a copy of any search warrant or signed consent that the Police Department relies upon for the evidence collection referred to TTUHSC SON. 4) TTUHSC SON will provide such other consultative services as needed in the investigation and collection of biological evidence cases referred to TTUHSC SON by LPD, including expert information necessary to support LPD arrests. 5) TTUHSC SON shall provide a location suitable for the collection of the evidence at no additional cost to the City. ARTICLE IV COMPENSATION The City shall pay TTUHSC SON ONE HUNDRED SEVENTY FIVE AND NO/100 DOLLARS (S175.00) per exam for the collection of biological evidence. TTUHSC SON shall send the Police Department a monthly invoice on the 5`h of each month for services provided the previous month pursuant to the Agreement. Notwithstanding anything to the contrary contained in this Agreement, the City shall compensate TTUHSC SON only for those cases which are referred cases and only for the services enumerated in the "Services Provided" section of this Agreement as requested in writing by LPD. In no event shall the total number of exams for collection of evidence for which the City compensates TTUHSC SON exceed 800 exams for the term of this Agreement. For a period up to four years after any year in which services are provided, the City retains the right to audit the books of TTUHSC SON inspecting the services provided under this Agreement. Any audit shall be accomplished during regular business hours. ARTICLE V TERM OF AGREEMENT This agreement shall remain in effect until October 1 ("the Anniversary Date"), 2013 and shall automatically be renewed for successive twelve (12) month periods thereafter, unless either party hereto shall provide written notice of its desire to terminate this Agreement to the non -terminating party on or before the one hundred twentieth (120) day prior to the Anniversary Date. 13159-0 ARTICLE VI INSURANCE The TTUHSC SON shall maintain Professional Liability in the amount of ONE HUNDRED THOUSAND AND NO/100 ($100,000.00). ARTICLE VII LIABILITY The TTUHSC SON shall hold City free from any liability or responsibility for the acts and omissions of TTUHSC SON and its authorized agents and employees in the performance of any terms and conditions of this Agreement, and for services rendered by TTUHSC SON. ARTICLE VIII CONFIDENTIALITY In keeping with the safeguarding by the medical profession of information about a patient obtained in the course of medical treatment, the results of all evaluations, consultations and examinations of cases referred to the TTUHSC SON by LPD will be kept in the strictest of confidence by TTUHSC SON and its employees. Information about individual cases will be released only to designated LPD personnel, and in compliance with local, state and federal law. ARTICLE IX OTHER PROVISIONS 1) This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas. 2) Neither party to this Agreement may assign its rights or delegate its duties under this Agreement unless prior written consent of the other party is obtained. 3) 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 provision is not material to the overall purpose and operation of this Agreement. The remaining provisions of this Agreement shall continue in full force and effect and shall not be affected, impaired or invalidated, 4) This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. 5) This Agreement shall be changed only by written amendment signed by both parties and attached hereto. 13159-0 6) 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 insure that services covered by this Agreement shall be performed and rendered in a competent, efficient and satisfactory manner. 7) The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without Iimitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, the former shall control, IN WITNESS THEREOF, the parties to these presents have agreed upon and executed this Agreement for Services this 6th day of December , 2012. CITY OF LUBBOCK, TEXAS Texas Tech Universi Health Scieno4 Center S o 1 of Nursing GLWC,'ROB"J1kTSON, MAYOR CkRRIE EDWARDS ATTEST: DR. CHRIS PIEL Medical Director Reb cca Garza, City Secreta y APPROVED AS TO CONTENT: Roger t1lis, Chief of Police APPROVED AS TO FORM: Texas Tech University Health Sciences Center 22 Elmo M. Cavin Executive Vice President AVTAggreemcnt s, Assi ty ttorney FN 2012 Final.doc 10.25.12