HomeMy WebLinkAboutResolution - 5208 - Amendment #1 To Contract - TTUHSC - #ALMW92433 - 07_11_1996RESOLUTION NO.5208
July 11, 1996
Item #14
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 Amendment No. 1 to Contract Number
ALMW92433, attached herewith, by and between the City of Lubbock and Texas Tech
University Health Sciences Center for physician services, 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 11 th
ATTEST:
etty A Johnson, ty Secretary
APPROVED AS TO CONTENT:
Doug Goodman, Managing Director of
Health Services
APPROVED AS TO FORM:
1Sa&ld G. Van7iver, First Assistant
City Attorney
DGV:da/ccdocs/a-uhsc.res
June 18, 1996
Is
RESOLUTION NO.5208
July 11, 1996
Item #14
ALMW92433/A
AMENDMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
AMENDMENT NUMBER -L TO CONTRACT NUMBER ALMW92433
It is mutually understood and agreed by and between the undersigned contracting parties of the above numbered
contract to amend said contract effective June 1, 1996 as follows:
Paragraph 1 shall be amended to read:
The Provider will provide 4.5 hours of physician services per week. Specific times will be scheduled through mutual
agreement between the Provider and LCHD.
Paragraph 3 shall be amended to read:
The Provider will perform alljob duties, complying with Professional Standards of Care, and with LCHD clinic
Protocols, Procedures and Standing Orders only insofar as there is no conflict with the policies, rules and regulations of
TTUHSC or the laws and Constitution of the State of Texas.
Paragraph 12 shall be amended to read:
Program Supervisors will submit verification of Provider attendance to the Personal Health Services Section Clerk
responsible for processing payment requests. Payment will be made monthly and no later than 10 days following
submission of invoice, at the rate of $100.00 per hour. Payments will be made to Texas Tech University Health
Sciences Center Department of Dermatology and submitted to TTUHSC Department of Dermatology, 3601 4th Street,
Lubbock, Texas 79430.
The following articles shall be added to the contract:
I. INDEPENDENT CONTRACTOR STATUS (This should replace current contract item #4)
Nothing contained herein shall be construed as creating a relationship of employer/employee between the
provider and LCHD. The provider shall be deemed at all times to be an independent contractor.
H. DURATION AND TERMINATION OF CONTRACT
This amended contract is to begin June 1, 1996 and shall terminate August 31, 1997. Thereafter, this
agreement shall continue in full force and effect on a month to month basis. Termination of this Agreement may be
had by either party giving the other party thirty (30) days written notice of termination at any time during this
contract, with or without cause, and this Agreement terminates immediately upon nonpayment.
III. INSURANCE STATEMENT (This should replace current contract item #5)
As an institution of higher education in the State of Texas, Texas Tech University Health Sciences Center
('ITUHSC) is self -insured under the Texas Tech University Health Sciences Center Professional Liability Self
Insurance Plan.
IV. APPLICABLE LAW
This contract is an interlocal agreement executed under the laws of the State of Texas and its interpretation is
governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in
connection with this Agreement shall lie exclusively in Lubbock County, Texas.
V. INDEMNIFICATION
Each party shall indemnify and hold harmless the other with respect to claims resulting from the gross
negligence or intentional misconduct of the indemnifying party, its agents and employees, with respect to services
provided pursuant to this agreement, insofar as allowed by the laws and constitution of the State of Texas.
VI. FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance
of the term specified or of any obligation or duty placed on such party by reason of or through strikes, stoppages of
labor, riot, fire, flood, acts of war, insurrection, court judgment, act of God or other specific cause reasonably beyond
the party's control and not attributable to its malfeasance, neglect, or nonfeasance. In such event, the time for the
performance of such obligation or duty shall be suspended until such disability to perform is removed.
VII. SEVERABILITY
Both parties agree that should any provision of this Agreement be determined to be invalid or unenforceable
for any reason, such determination shall not affect any other term of this Agreement, which shall continue in full force
and effect.
VIII. AMENDMENTS
Except as otherwise provided herein, this Agreement cannot be modified or amended except by written
agreement of the parties hereto.
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EXECUTED this 11 th day of July , 1996, at Lubbock, Lubbock County,
ATTEST:
Betty Johnson, r-ity Secretar3V
APPROVED AS TO CONTENT:
cco�
Doug V, Managing Director of Health
& Comervices
APPROVED AS TO FORM:
0 f.,
Donald- G. Vandiver; Asst,..Cir.V Attlorney
TEXAS TECH UNIVERSITY HEALTH
SCIENCES CENTER:
BY:_f�4L
ELMO M. CAVIN, VICE PRESIDENT
FOR FISCAL AFF /
Date:
APPROVED AS TO FORM:
Associate General Counsel
Date: