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HomeMy WebLinkAboutResolution - 2014-R0081 - Agreement For Services - Forensic Nurse Staffing - 02_27_2014RESOLUTION 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 City of Lubbock and the Forensic Nurse Staffing of West Texas, 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 27, 2014 GE'�O C. ROBERTSON, MAYOR ATTEST: 0_'o J� � ( '5�� Reb ca Garza, City Secret APPRQf ED AS TO CONTENT: 1 f Roger' is, Chief of Police APPROVED AS TO FORM: A ant City Attorney vw: ccdocs/RES.Agrmt-FN S WT January 8, 2014 THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: 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 Forensic Nurse Staffing of West Texas 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 FNSWT will provide City with medical evaluation, case review, consultation and other needed services in investigations referred to FNSWT by the Police Department of the City. ARTICLE II DEFINITIONS LPD --Police Department of the City of Lubbock. City --The City of Lubbock, Texas. FNSWT --The Forensic Nurse Staffing of West Texas. Patient-- Individual from whom the biological evidence is being obtained. ARTICLE III SERVICES PROVIDED 1) FNSWT will provide exam services for the collection of biological evidence in cases wherein the Police Department has obtained a search warrantor a signed consent form from the patient for the collection of such evidence. 2) FNSWT 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. 3) The Police Department shall provide FNSWT 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 FNSWT. 4) FNSWT will provide such other consultative services as needed in the investigation and collection of biological evidence cases referred to FNSWT by LPD, including expert information necessary to support LPD arrests. 5) FNSWT 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 FNSWT ONE HUNDRED SEVENTY FIVE AND NO/100 DOLLARS ($175.00) per exam for the collection of biological evidence. FNSWT shall send the Police Department a monthly invoice on the 51h 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 FNSWT 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. To ensure the City that FNSWT is performing the functions it represents that it performs, FNSWT shall submit a detailed report at least quarterly to the Police Department showing, but not limited to, the numbers and types of cases FNSWT has handled during the preceding quarter. This report shall also show the nature and extent of research, counseling and prevention programs. The time for submission of said reports shall be determined from the date this Agreement is executed. The final annual quarterly report shall also contain a summation of said terms for the preceding year. Any information contained in the quarterly or annual reports shall be provided only to the extent permitted by the laws and constitution of the State of Texas. In no event shall the total number of exams for collection of evidence for which the City compensates FNSWT exceed 800 exams for the term of this Agreement. The FNSWT will provide to City a quarterly report summarizing the services provided and compensation received. 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 FNSWT 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"), 2014 and shall automatically be renewed for successive twelve (12) month periods therafter, 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 ARTICLE VI INSURANCE The FNSWT shall maintain Professional Liability in the amount of ONE HUNDRED THOUSAND AND NO/100 ($100,000.00). ARTICLE VII LIABILITY The FNSWT shall hold City free from any liability or responsibility for the acts and omissions of FNSWT and its authorized agents and employees in the performance of any terms and conditions of this Agreement, and for services rendered by FNSWT. 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 FNSWT by LPD will be kept in the strictest of confidence by FNSWT 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. 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 limitation, 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 27th day of February .2014 CITY OF LUBBOCK, TEXAS ATTEST: Re ecca Garza, City ecre ary FORENSIC NURSE STAFFING OF WEST TEXAS DR. CHRIS PIEL Medical Director APPROVED AS TO CONTENT: Roger VIIK, Chief of Police APPROVED AS TO FORM: 4A." ;im�,,4��stant City Attorney