HomeMy WebLinkAboutResolution - 2010-R0405 - Professional Service Agreement - TTUHC - 08/26/2010Resolution No. 2010—RO405
August 26, 2010
Item No. 5.27
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 laboratory director and clinical consultant
to act as Consulting Laboratory Director and Clinical Consultant 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 August 26, 2010.
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TOM -MARTIN, MAYOR
ATTEST:
S�c
Rca Garza, City Secretary
APPROVED AS TO CONTENT:
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Bridget Faulkenberry,
Health Department Director
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Resolution No. 2010-RO405
PROFESSIONAL SERVICES AGREEMENT
(City of Lubbock Health Department
Consulting Laboratory Director and Clinical Consultant)
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 Provider). 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 HAL LAR.SEN, Ph.D., MT (ASCP), CLS (NCA) to act as
CONSULTING LABORATORY DIRECTOR AND CLINICAL CONSULTANT
for the COLHD, subject to approval by the City Council of the City of Lubbock.
In the event that the Consulting Laboratory Director and Clinical Consultant
assigned by the Provider (e.g., Dr. Haul Larsen) is unable to fulfill his obligations for the
term of this contract, Provider agrees to assign a suitable member of its faculty to perform
the services of Consulting Laboratory Director and Clinical Consultant for the
COLHD as set forth in this Agreement.
Consulting Laboratory Director amd Clinical Consultant shall perform the following
duties under the administrative supervision of the City of Lubbock Health Department
Manager:
1. Ensure testing systems in the laboratory provide quality services in all aspects of test
performance (i.e., the pre -analytic, analytic, and post -analytic phases of testing) and
that testing systems are appropriate for patient population, and shall specifically:
a. Know and understand CLIA `88 laws and regulations.
b. Advise COLHD support staff regarding compliance activities.
2. Ensure physical and environmental conditions of the laboratory are adequate and
appropriate for the testing perforrmed.
3. Ensure the environment for employees is safe from physical, chemical and biological
hazards and safety and that biohazard requirements are followed.
4. Ensure a general supervisor is available to provide day-to-day supervision of all
testing personnel and reporting of test results as well as provide on-site supervision
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for specific minimally qualified testing personnel when they are performing high
complexity testing.
5. Ensure each employee's responsibilities and duties are specified in writing.
6. Ensure that sufficient numbers of appropriately educated, experienced, and/or trained
personnel are employed to provide appropriate consultation, and accurate
performance of tests and reporting of test results in accordance with the written duties
and responsibilities specified by the Provider.
7. Ensure new test procedures are:
a. reviewed,
b. included in the procedure manual, and
c. followed by COLHD personnel.
8. Ensure that test reports include pertinent information for test interpretation.
9. Be available for consultation concerning test results, and the interpretation of those
results, as they relate to specific patient conditions.
In addition the following general terms are agreed upon by the City of Lubbock and the
Provider:
1. The Consulting Laboratory Director and Clinical Consultant assigned by the
Provider shall meet minimal requirements set forth by CLIA '88 regulation.
2. COLHD will provide orientation and program training to the Consulting Laboratory
Director and Clinical Consultant assigned by the Provider, as needed.
3. COLHD will maintain enrollment and participation in an appropriate proficiency
testing program for each clinical test performed.
4. COLHD will promptly inform the Consulting Laboratory Director and Clinical
Consultant assigned by the Provider of laboratory personnel changes and provide
new employee educational and experience qualifications for review.
5. COLHD will promptly inform the Consulting Laboratory Director and Clinical
Consultant assigned by the Provider of changes in testing procedures, including the
addition and discontinuation of clinical procedures.
7. COLHD Program Supervisors will be responsible for supervision, coordination,
and evaluation of client services.
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8. COLHD Program Supervisors will submit verification of the participation of the
Consulting Laboratory Director and Clinical Consultant assigned by the Provider
to the Customer Services Representative responsible for processing payment
requests.
The City of Lubbock will pay Provider FOUR HUNDRED AND NO/100 DOLLARS
($400.00) per month using the established procedures of the City of Lubbock.
The parties agree and acknowledge that the Provider, and any Consulting Laboratory
Director and Clinical Consultant assigned by 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.
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.
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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 Infurnation Act") the same shall be of no force and effect. .
This Agreement made this 3 day of p7 . 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:
BY:
NAME: V'u rn 1A A e_� n
TITLE: AQAJ 0 K.
(Mayor for contracts over $25,000)
DATE: August 26, 2010
ATTEST:
,Q —Asge", _5�--� —
ity ecretary for contracts over 2 000)
APPROVED AS TO CONTENT:
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City of Lubbock Health Dire f
for
TEXAS TECH HEALTH
SCIENCES TER
BY:
NAME: Elmo Cavin
TITLE: Executive Vice President
DATE: 9D O
Admiral Insurance Company The Assured shall remit applicable state taxes to John L.
Wortham & Son, L.P. (JLW) for the state of IWIlt aQ3/;%WI0
9606 N. Mopac, Suite 450 states as may be agreed. The Assured assumes responsibility for
Austin, TX 78759 such state taxes, if any, in all other states. JLW will assist you
To: Wortham Insurance tf desired. A.M. Best Rating: A+ (Superior)
Attn: Lisa Longmire FXIII
From: Sheila BoatmanFinancial Size Category:
US Risk
Subject: TEXAS TECH UNIVERSITY HEALTH SCIENCESCENTER,
SCHOOL OF ALLIED HEALTH SCIENCES
BINDER CONFIRMATION
Policy Number: E0000001841-07 Commission: 10%
Policy Term: 04/01/2010 to 04/01/2011 Renewal Of: E0000001841-06
Coverage: Medical Professional Liability - Claims Made
Named Insured's Business/Professional Service: Faculty of Texas Tech Allied IFlealth School providing contracted allied
healthcare services in community medical facilities - for third parties
Limits:
$1,000,000
$3,000,000
Deductible:
$5,000
Rate:
Premium:
$7,957.00
State Tax:
$385.91
Stamping Fee:
$4.77
'total:
$8,347.68
Each Claim
Aggregate
Per Claim - Include Expenses
Flat Rate
Not Subject to Audit POLICY FEE
STATE PREMIUM $7,957
STATE TAX $385.91
STAMPING OFFICE FEE $4.77
Minimum Retained Premium: 25% Minimum Retained Alp! i Sly INCEPTION/ANNIVERSARY DATE
Retroactive Date: 04/01/2003 4/1/10-11
TERMS & CUNINI IONS
Schedule of Forms & Endorsements
JA 10010102 COVER JACKET - ADMIRAL INSURANCE COMPANY
DE23150110 PROFESSIONAL LIABILITY MISCELLANEOUS MEDICAL DECLARATION PAGE
A100100409 View TEXAS DISCLOSURE NOTICE
A100120896 View TEXAS COMPLAINT NOTICE
E009550110 View MEDICAL PROFESSIONAL LIABILITY INSURANCE
AE06010793 View SERVICE OF SUIT STATE OF TEXAS
AE07210998 View MINIMUM RETAINED PREMIUM
EO10381109 View MEDICAL MALPRACTICE INSURANCE WARRANTY — Require $1 m/ $3m (as expiring)
EO 10440110 View WARRANTY OF GENERAL LIABILITY COVERAGE INCLUDING PRODUCTS AND
COMPLETED OPERATIONS
EO 10341109 View SPECIFIED OPERATIONS EXCLUSION — Exclude Nursing Homes, Assisted Living, Homer
Health Care; Exclude Obstetrics, Labor & Delivery, Emergency Room, Exclude Students (us
expiring)
A108760203 ALLIED HEALTH CARE SERVICES COVERAGE LIMITATION —
Coverage limited to allied health care services, ON A CONTRACTED BASIS, PROVIDED BV
Texas Tech Allied Health School faculty in scheduled disciplines: Clinical Laboratory
Science/Molecular Pathology, Occupational Therapy, Physical Therapy, Speech/Language
Pathology and Audiology, Athletic Trainers, Rehabilitation Counselors (as expiring)
A109950506 View AVIAN INFLUENZA A (AVIAN FLU) - ABSOLUTE EXCLUSION
A16650 1 1 09 View PROFESSIONAL LIABILITY TERRORISM EXCLUSION (ABSOLUTE)
Select the View to call up a specimen of the associated endorsement. This is a sample endorsement and is subject to any additional wording that state
Thr IWAMA58 t 11eiF*Rftu%WijVaNNA's
rmation required to complete any Schedule shown on the endorsement
to transact insurance in this state to return in the quote leiter.
delivered as surplus line coverage under the Texas
insurance statutes. The Texas Department of Inst wwvent4
does nrott audit the finances or review the solvency of
the the insur$"?tt(�p o��an'd c�asuatfysllt'w Kt lf�a�tt: 3f) days for policy acisttn nee.
Insurance guaranty association created under Chapter
152 Insurance Code.. Chapter 225, Insurance Code
Frit l es payrner t of a 4.85 percent tax on grass preoft) ' I