HomeMy WebLinkAboutResolution - 2024-R0191 - Interlocal Cooperation Contract, TTUHSC, Dept Of Psychiatry, Disorder Treatment - 04/09/2024Resolution No. 2024-R0191
Item No. 6.33
Apri19, 2024
12ESOLUTION
BE IT ItESOLVED BY THE CITY COUNCIL OF TII� CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hercby authorized and directed to execute for
and on behalf of the City of Lubbock, an Interlocal Cooperation Contract regarding substance use
disorder treatment services, by and between the City of Lubbock and Texas Tech University
Health Sciences Center, Department of Psychiatry, and related documents. Said Contract is
attached hereto and incorporaied in this resolution as if fully sct forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council on Apri19, 2024 __
ATT �ST:
Courtney Paz, City Secretary
APPROVED AS TO CONTENT:
4 � � �O
Bill IIo erton, Deputy City Manager
APPROV�D AS TO PORM:
R chael roster, Assistant City Ariorney
RES.Interlocal Contract.TTUHSC Substance Use Disorder Services
3.6.24
Resolution No. 2024-R0191
The Performing Agency will provide the services described on Exhibit A("Services"):
INTERLOCAL COOPERATION AGREEMENT
This [nterlocal Cooperation Agreement ("Aareement") is entered into by and between the Agencies shown below as Contracting
Parties, pursuant to the authority granted and in compliance with the provisions of"The Interlocal Cooperation AcY'; see Texas Govemment
Code, Chapter 791, et seq. This Agreement is entered into by and between the City of Lubbock ("Receiving Agency") and Texas Tech
University Health Sciences Center ("Performing Agency"), a public institution of higher education in the State of Texas, on behalf of its
School of Medicine, Department of Psychiatry, Lubbock campus. Both Receiving Agency and Performing Agency aze also referred to
herein as "�" or, collectively, "Parties."
Agreement
Now therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Receiving
Agency and Performing Agency agree as follows.
Article 1
Statement of Services to be Performed
[�I
2.1
D00572972-024 (2020-057) Interlocal Cooperation Contract
City of Lubbock
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Article 2
Consideration aod Paymeot for Services
The Receiving Agency agrees to pay the Performing Agency the amount set forth on Exhibit B.
2.2 All funds for payment by the Receiving Agency under this Agreement are subject to the availability of an annual appropriation
for this purpose by the Receiving Agency. In the event of non-appropriation of funds by the City Council of the Receiving Agency
for the goods or services provided under the Agreement, the Receiving Agency will issue written notice to the Performing Agency
and the Receiving Agency may terminate this Agreement without further duty of obligation hereunder, other thar� payment for
goods and services already delivered or provided.
Article 3
Term of Agreement
3.1 The term of this Agreement shall commence on April 9, 2024, and continue in full force and effect through April 9
2025. This Agreement may be extended for up to three, one-year extensions, said date of term beginning upon formal
written approval of both Parties.
3.2 The Receiving Agency does not guarar�tee any specific amount of compensation, volume, minimum, or maximum amount of
Services under this Agreement.
3.3 Either Party may terrr►inate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days written
notice.
Article 4
General Provisions
4.1 Iodependent Contractor. Performing Agency agrees that it is an independent contractor and that this Agreement does not form
a joint venture or partnership. Receiving Agency will not be responsible for the Federal Insurance Contribution Act (FICA)
payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any
other insurance payments, nor will Receiving Agency furnish any medical or retirement benefits or any paid vacation or sick
leave. Performing Agency is responsible for conduct of business operation, including employee salaries, travel, etc.
4.2 Notices. All notices, consents, approvals, demands, requests, or other communications provided for or permitted to be given
under any of the provisions of the Agreement shall be in writing and sent via registered or certified mail, overnight courier, or
email, and notice will be deemed given (i) if mailed, when deposited, postage prepaid, in United States mail; (ii) if sent by
overnight courier, one (1) business day after delivery to the courier; and (iii) if sent by email, when received:
City of Lubbock
ATTN: Gloria Diaz
gdiaz@mylubbock.us
Texas Tech University Health Sciences Center
A"I"I'N: Contracting Office
3601 4th Street, STOP 6217
Lubbock, Texas 79430
contracting@ttuhsc.edu
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Notice of a change in address of one of the Parties shall be given in writing to the other Party as provided above, but shall be
effective only upon actual receipt.
4.3 Amendment. This Agreement and each of its provisions shall be binding upon the Parties and may not be waived, modified,
amended, or altered except by in writing signed by the Parties.
4.4 Assignment. Neither Party may assign this Agreement, in whole or in part, without the prior written consent of the other Party.
4.5 Force Majeure. "Event of Force Maieure" means an event beyond the control of Parties which prevents or makes a party's
compliance with any of its obligations under this Agreement illegal or impracticable, including but not limited to: act of God
(including, without limitation, fire, explosion, earthquake, tomado, drought, and flood); war, act or threats of terrorism, hostilities
(whether or not war be declared), invasion, act of enemies, mobilization, requisition, or embargo; rebellion, insurrection, military
or usurped power, or civil war; contamination or destruction from any nuclear, chemical, or biological event; riot, commotion,
strikes, go slows, lock outs, or disorder; epidemic, pandemic, viral outbreak, or health crisis; or directive of governmental
authority. No party will be considered in breach of this Agreement to the extent that performance of their respective obligations
is prevented or made illegal or impracticable by an Event of Force Majeure that arises during the term (or after execution of the
Agreement but prior to the beginning of the term). A party asserting an Event of Force Majeure hereunder ("Affected Partv") will
give reasonable notice to the other party of an Event of Force Majeure upon it being foreseen by, or becoming known to, Affected
Party. In the event of an Event of Force Majeure, Affected Party will endeavor to continue to perform its obligations under the
Agreement only so far as reasonably practicable.
4.6 Human Trafficking Certification. Pursuant to Texas Govemment Code § 2155.0061, Performing Agency certifies that the
individual or business entity named in this Agreement is not ineligible to receive the Agreement and acknowledges that this
Agreement may be terminated and payment withheld if this certification is inaccurate.
4.7 Insurance. The Texas Tech University System maintains a Medical Liability Self-Insurance Plan that provides medical
malpractice liability insurance to Performing Agency's employed physicians in amounts of $400,000 per claiml$1.2 million
annual aggregate, unless lower liability limits are set by law, in which case the lower liability limits set by law shall apply.
4.8 Publicity and Marks. Performing Agency agrees that it will not publicize this Agreement or disclose, confirm, or deny any
details of this Agreement to third parties, or use Receiving Agency's name or protected marks without Receiving Agency's prior
written approval.
4.9 Venue; Governing Law. The county in which Performing Agency's main campus is located shall be the sole proper place of
venue for any legal action or proceeding arising out of this Agreement or enforcement of any provision in this Agreement. This
Agreement and all of the rights and obligations of the Parties and any claims arising from this Agreement will be construed,
interpreted, and governed by the laws of the State of Texas.
4.10 Severability. If one or more provisions of this Agreement, or the application of any provision to any party or circumstance, is
held invalid, unenforceable, or illegal in any respect, the remainder of this Agreement and the application to other parties or
circumstances will remain valid and in full force and effect.
4.11 Essential Activities. The Parties do hereby certify that: (1) the services specified above are necessary and essential for activities
that are properly within the statutory functions and programs of the affected agencies of State Government, (2) the proposed
arrangements serve the interest of efficient and economical administration of the State Govemment, and (3) the services, supplies
or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract
given to the lowest responsible bidder.
4.12 Warranty of Authority. The person(s) executing this Agreement on behalf of the Parties, or representing themselves as executing
this Agreement on behalf of a Party, warrant and guarantee that each has been duly authorized by the appropriate Party to execute
this Agreement on behalf of the Party and to validly and legally bind the Party to all of its terms, performances, and provisions.
4.13 Entire Agreement. This Agreement contains the entire agreement of the Parties concerning the subject matter described herein
and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter
described herein. This Agreement supersedes any prior written or oral agreements between the Parties concerning the subject
matter described herein.
4.14 E-Signatures. This Agreement may be executed in two or more counterparts, each of which are deemed to be an original as
against any Party whose signature appears thereon, but all of which together shall constitute but one and the same instrument.
Signatures to this Agreement transmitted by facsimile, by electronic mail in "portable document format" (".pdP'), or by any other
electronic means which preserves the original graphic and pictorial appearance of the Agreement, have the same effect as physical
delivery of the paper document bearing the original signature.
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Texas Tech University
Health Sciences Center
P�., N�,�
VennyHarkry eb]O,i02 2�.32CSTj
Signature
Pennv Harkev
Printed Name
Executive Vice President
Title
02/20/2024
Date
2024-02-19
City of Lubbock
Signature
Tray Payne
Printed Name
nnayor
Title
Da �
Signature
ATTEST:
Courtney Paz
Printed Name
C�tv Secretary ,
3'itle
Anril 9_ 242�#
Date
Signature
APPROVED AS TO CONTENT:
Katherine Wells
Printed Name
Director of Public Health
Title � � �,
D
Signature
APPROVED AS TO FORM:
Rachael Foster
Printed Name
Assistant City Attorne}•
Title
3.��1 ��
D
5i ature
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D00572972-024 (2020-057) Interlocal Cooperation Contract
City of Lubbock
CON3580527
Exhibit A
The performing agency will provide substance use disorder treatment services for the receiving agency, administered and
facilitated by qualified and experienced treatment providers Services provided by the performing agency will be in accordance
with the Texas Administrative Code (TAC) and SUD UM Guidelines. The performing agency will submit billing sheets weekly
in accordance with the receiving agency guidelines, which will comply with CMBHS database requirements. A potential
patient's need for services will be determined through administration of a clinical assessment by a qualified credential counselor
(QCC). The performing agency will provide comprehensive, multi-format substance use disorder treatment services up to 10
hours per week, utilizing a 10-week curriculum. Services will include psychoeducation, and individual and group therapy. The
performing agency will work in collaboration with the receiving agency to provide referrals, when clinically indicated, to
appropriate community resources for Human Immunodeficiency (HIV), Tuberculosis (TB) and sexually transmitted infections
(STIs), testing, information, and treatment.
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Exhibit B
SERVICE TYPE AND UNIT RATES
Service Type Unit Rate
Adult Outpatient Individual Counseling $60.69
Outpatient Group Counseling $18.84
Outpatient Group Education $17.79
*All unit rates are subject to change and contingent on available funding
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