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HomeMy WebLinkAboutResolution - 2010-R0337 - Professional Service Agreement W/TTU Health Science Center Consultation Serv. - 07/22/2010Resolution No. 2010-RO337 July 22, 2010 Item No. 5.16 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, a Professional Service Agreement between the City of Lubbock and Texas Tech University Health Sciences Center to provide the professional services of a qualified physician to provide Epidemiological and Surveillance Consultation Services for the City of Lubbock Health Department. Said Professional Services 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 July 22 2010. ATTEST: ARebeca Garza, City Secretary APPROVED AS TO CONTENT: k" Bridget Faulkenberry, Health Department Director ttorney iologisc TOM MARTIN, MAYOR T 10480-0 Contract: 9634 Resolution No. 2010-RO33 PROFESSIONAL SERVICES AGREEMENT (City of Lubbock Health Department Epidemiology and Surveillance Consultant Agreement) This is a Professional Services Provider Agreement between the City of Lubbock, acting by and through its Health Department (hereafter referred to as COLHD) and THE TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER (hereafter referred to as TMHSC). Funding for this Agreement will be provided by the City of Lubbock general funding. SERVICES TO BE PROVIDED The Provider hereby agrees to provide the City of Lubbock Health Department with the professional services of DR. RONALD DOUGLASS WARNER (hereafter referred to as "Dr. Warner") to provide EPIDEMIOLOGY AND SURVEILLANCE CONSULTATION SERVICES for the COLHD, subject to approval by the City Council of the City of Lubbock. In the event that Dr. Warner is unable to fulfill his obligations for the term of this contract, Provider agrees to provide a suitable member of its faculty to perform epidemiology and surveillance consultation services for the COLHD as set forth in this Agreement. Provider shall perform the following specific duties under the administrative supervision of the department manager: 1. Develop epidemiology database and the methodology (ies) for data collection, identifying significant data to determine the health and illness status of the citizens of Lubbock. 2. Review data collected for accuracy and completeness. 3. Interpret data as it reflects the health and illness status of the citizens of Lubbock, and in achieving the goals of Healthy People/Health Communities. 4. Recommend sentinel collection points (physicians, clinics, etc.) by type and number, and determine the significance in reporting to identify epidemic situation. 5. Provide consultation to COLHD to prevent disease outbreaks and/or minimize disease spread. 6. Evaluate efficacy of health care programs in the community. 7. Forecast health care needs based on statistical data. W10.41121] 8. Report to the Board of Health and City Council, as requested, regarding surveillance and prevention activities, interpretation of data, health status of the community and recommendations for health planning. 9. Develop new insights and innovative solutions to health problems through conduct of or participation in public health research. In the event of any disagreement between the Provider and COLHD pertaining to the Provider's consultation and recommendations, the Provider may request such dispute be resolved by a joint meeting of the City of Lubbock Health Department Manager, the City of Lubbock Health Department Medical Director, any other health authority, and the City Manager or his designated representative. In the event Provider is overruled in such joint meeting, or in the event time does not allow such a meeting and Provider is overruled, to the extent allowed by law, the Provider shall be held harmless by the City of Lubbock for any claim of any nature whatsoever arising from the decision to overrule the Provider. The City will pay Provider FOUR HUNDRED AND NO/100 DOLLARS ($400.00) per month for 10 hours of service. Services rendered by Provider to COLHD in excess of 10 hours per month will be paid at the rate of THIRTY-FIVE AND NO/100 DOLLARS ( $35.00) per hour, to a maximum not to exceed FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00) per year of this contract. The City will remit the total amount owed on a monthly basis, using the established procedures of the City of Lubbock, upon receipt of a billing statement from the Provider. The parties agree and acknowledge that the Provider is an independent contractor and shall not be an employee of the City of Lubbock or the COLHD, and that the Provider shall have no power to bind the City of Lubbock or the COLHD in any legal contract or in any other way without prior written consent of the City. Provider has been advised and understands that the funding of this Agreement is contained in the City's annual budget and is subject to the approval of the City Council each fiscal year. Provider further agrees that should the City Council fail to approve a budget for the City which includes sufficient funds for the continuance of this Agreement, or should the City fail to certify funds for any reason, then and upon the occurrence of such event, this Agreement shall terminate and the City shall then have no further obligation to Provider. When the funds budgeted or certified during any fiscal year are expended, Provider's sole and exclusive remedy shall be to terminate this Agreement. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY EITHER PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT EITHER PARTY MAY HAVE BY OPERATION OF LAW. THE PARTIES RETAIN ALL GOVERNMENTAL IMMUNITIES. 10480-0 The City shall be responsible for the acts or failure to act of its employees, agents or servants, provided however, such responsibility shall be subject to the terms, provisions and limitations of the Constitution and laws of the State of Texas, particularly the Texas Tort Claims Act. To the extent that this Agreement requires the City to indemnify the Provider, or any third party, the same shall be of no force and effect. It is expressly understood and agreed between the parties that the City is not obligated or liable under this Agreement to any party other than Provider. This Agreement is entered solely by and between, and may be enforced only by, Provider and City. Except as set forth above, this Agreement shall not be deemed to create any rights in or obligations to any third parties. This Agreement is not intended to, and shall not be construed to, create any joint venture between or among the parties. Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this Agreement. The provisions of this Agreement are severable. If any provision of this Agreement or its application to any person or circumstance is ever held by any court of competent jurisdiction to be invalid for any reason, the remainder of this Agreement and the application of such provision or part of this Agreement to other persons or circumstances shall not be affected. This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et seq., as amended (the "Texas Public Information Act") the same shall be of no force and effect. This Agreement made this s t day of &1060 2010 may be continued by mutual agreement by both parties from year to year for a maximum of four additional one-year terms. Terms may be (1) renegotiated, or (2) terminated, by either party upon thirty (30) days written notice to the other party. CITY OF LUBBOCK: TEXAS TECH UNIVERSITY HEALTH SC CES CENTER BY BY: NAME: Tom Martin TITLE: (Mayor for contracts over $25,000) DATE: July 22, 2010 NAME: Elmo M. Cavin TITLE: Executive Vice President DATE: 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/Health Communities. 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. FISCAL IMPACT: The City of Lubbock will pay TTUHSC $400 per month for ten (10) hours of service. Services that are rendered in excess of ten (10) hours per month will be paid at the rate of $35 dollars per hour. The maximum amount paid is not to exceed $15,000 per year or $75,000 over the next five (5) years. General Fund dollars will be utilized for payment of these fees and have been in the approved budget since 2001. SUMMARY/RECOMMENDATION: Scott Snider, Assistant City Manager Bridget Faulkenberry, Public Health Director