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HomeMy WebLinkAboutResolution - 2010-R0433 - Professional Service Agreement For Medical Director - TTUHSC - 09/16/2010Resolution No. 2010-RO433 September 16, 2010 Item No. 5.16 RESOLUTION I 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 etween the City of Lubbock and Texas Tech University Health Sciences Center to rovide the professional services of a qualified physician to act as Medical Director for he 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 September 16 2010. TO�ZA- TIN, MAYOR ATTEST: rriw v r-li ti:!� i v UkJIN i niv i APPROWD AS TO FORM- 10583-0 Resolution No. 2010-RO433 PROFESSIONAL SERVICES AGREEMENT (City of Lubbock Health Department Medical Director) 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 DR. CLOYCE STETSON (hereafter referred to as"Dr. Stetson") to act as MEDICAL DIRECTOR for the COLHD, subject to approval by the City Council of the City of Lubbock. In the event that Dr. Stetson is unable to fulfill his obligations for the term of this contract, Provider agrees to provide a suitable member of its faculty to perform the services of Medical Director for the COLHD as set forth in this Agreement. Provider shall perform the following duties under the administrative supervision of the City of Lubbock Health Department Manager: 1. Approve clinic procedures, protocols, and standing orders for clinical services provided by COLHD professional and paraprofessional nursing and clerical staff, including: a. Supervision of procedures and protocols based on federal and state regulations, and on generally accepted standards of care. b. Approving COLHD manuals at least annually, after review and revision by COLHD clinic staff. c. Supervision of clinical services currently provided at the Lubbock Health Department, including Immunizations and diagnosis and treatment of Sexually Transmitted Diseases. 2. Providing COLHD with physician provider number for submission of Medicare claims for influenza vaccine administration. The City of Lubbock will pay Provider SIX HUNDRED AND NO/100 DOLLARS ($600.00) per month using the established procedures of the City of Lubbock. 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 0RIM., CR 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. 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. 10583-0 This Agreement made this 16th day of Sept. , 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 LL�BBOCK: a NAME: TOM MARTIN TITLE: Mayor _ (Mayor for contracts over $25,000) DATE: September 16, 2010 ATTEST: (City tecretary for contracts over 2 000) *APPROVED AS O CONTENT: A I ubbock Health Directo TEXAS TECH UNIVERSITY HEALTH SCI NCES CENTER BY: NAME: Elmo M. Cavin TITLE: Executive Vice President DATE: F Q