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HomeMy WebLinkAboutResolution - 4720 - Agreement - Presbyterian Clinic Inc - 0.4 Full Time LVN Position - 01_26_1995Resolution No. 4720 January 26, 1995 Item #25 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement, attached herewith, by and between the City of Lubbock and the Presbyterian Clinic, Inc. to fund a 0.4 full time equivalent position for the services of a Licensed Vocational Nurse, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26 th ATTEST: etty NY. fohnson,(tity-Secretary APPROVED AS TO CONTENT: Doug Goo , Director of Health and Community Services APPROVED AS TO FORM: tkifiald G. Vandiver, First Assistant City Attorney DGV :(Wccdocs1A-PRESBT. res December 23, 1994 _ day of January , 1995. Resolution No. 4720 January 26, 1995 Item #25 AGREEMENT This is an agreement between the City of Lubbock acting by and through the City of Lubbock Health Department (hereafter referred to as CLHD) and the Presbyterian Center, Inc. (hereafter referred to as PC). This agreement will be carried out through the Bureau of Primary Health Care, Health Care for the Homeless Program 1994 grant funding to the Community Health Center of Lubbock Network clinics, for the purpose of providing health care for the homeless living within Lubbock County. ARTICLE I The following is agreed upon by CLHD and PC: PC, through the Bureau of Primary Health Care funding, will pay for one Licensed Vocational Nurse (LVN) who will be stationed at the PC clinic at 1318 Broadway„ Lubbock, Texas, according to the following: a. 0.4 full-time equivalent position (16 hours per week) at a salary not to exceed $8.98 per hour, which is the current salary at CLHD for the LVN mentioned herein. b. Funding of $2.87 to cover fringe benefits commensurate with the current fringe benefit rate for the LVN mentioned herein. C. Funding for this position is contingent upon renewal and continuance of the Bureau of Primary Health Care contract. This agreement is contingent upon funding being available for the term of the contract and CLHD will have no right of action against PC in the event that PC is unable to perform its obligations under this agreement as a result of suspension, termination, withdrawal, or failure of funding to PC from the Bureau of Primary Health Care through the Community Health Center of Lubbock. CLHD may discontinue services provided pursuant to this Agreement immediately upon notice of failure of funding by PC to CLHD and CLHD shall not be liable to PC for such discontinuance. d. Funding is to be used solely for salary and fringe benefits of this 0.4 FTE position, and cannot be used to offset other CLHD expenditures. e. The agreed -upon number of hours for the LVN may be increased by mutual written consent of both parties by means of a contract addendum. ARTICLE II The scope of work for the employee covered in this agreement will include assisting the nurse practitioner with examinations and treatment of all patients enrolled in the Homeless Health Clinic. The scope of work may include off -site work within the city. ARTICLE III Payments will be made by PC to CLHD monthly within twenty (20) days after receipt of invoice. Payments for services must reflect only time periods when the employee mentioned in this agreement remains on CLHD staff. ARTICLE IV Nothing contained herein shall be construed as creating the relationship of employer and employee between CLHD and PC. CLHD shall be deemed at all times to be an independent contractor. ARTICLE V Regardless of the date of execution hereof, this Agreement shall become effective Septemebr 14, 1994, and continue in full force until June 30, 1995. ARTICLE VI CLHD and LVN will provide the information for professional credentialing necessary to meet the Federal deeming mandates required by the Federal Tort Claims Act. ARTICLE VII PC and LCHC agree to indemnify and hold harmless each other with respect to claims, costs, and expenses (including attomeys' fees) arising from the negligence or misconduct of a party to the Agreement or their respective agents or employees with respect to provision of services pursuant to the agreement, insofar as allowed by the laws and constitution of the State of Texas. ARTICLE VIII Either party may terminate this Agreement with or without cause within thirty (30) days written notice to the other party. Should this Agreement be terminated, any unearned portion of that month's payment made by PC will be refunded. PC may terminate this agreement upon two weeks written notice if the Bureau of Primary Care suspends or terminates the Federal grant mentioned herein. Notice to PC shall be mailed to 1318 Broadway, Lubbock, Texas 79401. Notice to CLHD shall be mailed to P.O. Box 2548, Lubbock, Texas 79408. ARTICLE IX The laws of the State of Texas shall govern the validity, performance, and enforcement of this Agreement and the venue for any legal proceedings shall be in Lubbock County, Texas. The undersigned parties bind themselves to the faithful performance to this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 17th day of November, 1994. P VTERIAN, INC. Pe o , President o, ATTEST: betty M. Johnson, dity Secretary APPROVED AS TO CONTENT: (C— Doug Goo Health Director APPROVED AS TO FORM: r 711-(;�A D ald G. Vandiver, Assistant City Atty.