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HomeMy WebLinkAboutResolution - 2002-R0120 - Interlocal Services Agreement - Lubbock Metropolitan Medical Response System - 03/28/2002Resolution No. 2002-RO120 March 28, 2002 Item No. 34 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 an Interlocal Services Agreement for professional services pertaining to the Lubbock Metropolitan Medical Response System and any associated documents with the University of North Texas Health Sciences Center at Fort Worth, a copy of which agreement is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 28th day of March , 2002. 4AS O 6or ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Tommy C den, Health Director VED AS TO FORM: k G. Vandiver, First Assistant Attorney DDres/NTSU-MOU. con..res February 25, 2002 Resolution No. 2002-R March 28, 2002 Item No. 34 STATE OF TEXAS § § INTERLOCAL SERVICES AGREEMENT COUNTY OF LUBBOCK § This Agreement is entered into between the City of Lubbock, Texas (hereinafter CITY) and the University of North Texas Health Sciences Center at Fort Worth (hereinafter PROVIDER) pursuant to Chapter 791 of the Texas Government Code (Interlocal Cooperation Act) for the purpose of assisting the CITY with its Lubbock Metropolitan Medical Response System (LMMRS) being developed pursuant to Contract 233-01-0049 between the CITY and the Texas Department of Health and Human Services which the CITY finds serves a public purpose and will protect the health, safety and welfare of the citizens of the City of Lubbock, Texas. I. SCOPE OF SERVICES PROVIDER shall: 1. Collaborate with the CITY public health and emergency management officials to develop the LMMRS. Contract 233-01-0049 between the CITY and the Department of Health and Human Services will be the guiding document for developing the system. A copy of said Contract is attached hereto as Exhibit A to this Agreement. 2. Assign a doctoral level Project Planning Coordinator to the LMMRS Development Team. The Project Coordinator will provide assistance in organizing the planning process, preparing any written documents, submitting monthly progress reports, and submitting a final report. 3. The Project Planning Coordinator will ensure the scope of work has been completed and the Lubbock MMRS is fully operational and completed by December 19, 2004. 4. Ensure that the CITY addresses all components of the MMRS Contract Deliverable Evaluation Instrument including all twelve current deliverables and any future addendum or modifications. CITY shall: 1. Provide consultation and data as required in support of the project. 2. Make such payment as is required by the terms of this Agreement. II. TERM This Agreement will begin on April 1, 2002 and conclude upon completion of the deliverables by the CITY. III. COST CITY agrees to pay PROVIDER $1,250 per month until such time as the deliverables are completed by the CITY or the CITY advises the PROVIDER that its services are no longer required. Should PROVIDER fail to perform as detailed in the scope of services, PROVIDER shall reimburse CITY for any appropriate services not rendered that have been paid for by CITY. IV. SUPERVISION CITY and PROVIDER agree that CITY has no right under this contract to supervise or to direct the actual performance of PROVIDER'S services as PROVIDER is an independent contractor. PROVIDER agrees to be responsible for the negligent acts and omissions of its own agents, servants and employees pursuant to the constitution and laws of the State of Texas. V. AGENCY -INDEPENDENT CONTRACTOR Neither CITY or any employee of the CITY is an agent of PROVIDER and neither PROVIDER or any employee of PROVIDER is an agent of CITY. This Agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other amenities of employment by the other party. To the extent permitted by the Constitution and laws of the State of Texas, PROVIDER agrees to indemnify and hold harmless the CITY against any and all claims, lawsuits, settlements, judgments, costs, penalties and expenses, including attorney's fees, with respect to PROVIDER'S performance under this Agreement. VI. ASSIGNMENT Neither party may assign, in whole or in part, any interest it may have in this Agreement without the prior written consent of the other party. VII. THIRD PARTY BENEFICIARY EXCLUDED No person not a party to this Agreement may bring a cause of action pursuant to this Agreement as a third party beneficiary. This Agreement may not be interpreted to 2 waive sovereign immunity of any party to this contract to the extent such party may have immunity under Texas law. VIII. ENTIRE AGREEMENT This Agreement represents the entire understanding of and between the parties and supersedes all prior representations. This Agreement may not be varied orally, but must be amended by written document of subsequent date duly executed by the duly authorized parties. IX. TERMINATION Upon execution of this Agreement, neither party may terminate this Agreement prior to the end of the term unless PROVIDER reimburses CITY in accordance with Section III above. Upon reimbursement according to Section III, this Agreement may be terminated by either party by providing written notice to the other party at least thirty (30) days prior to the stated date of termination. Any notice or other writing required by this Agreement shall be deemed given when personally delivered or mailed by certified or registered United States mail, postage prepaid, addressed as follows: CITY: City of Lubbock Health Department P.O. Box 2000 Lubbock, TX 79457 Executed on this the 28th day of CITY OF LUBBOCK: Windy Sitton, ay r APPROVED AS TO CONTENT C� Tommy Cam en, Health Director PROVIDER: University of North Texas Health Science Center 3500 Camp Bowie Blvd. Fort Worth, TX 76107 March 2002. PROVIDER: (7�� Fernando Trevino, Ph.D., MPH Dean, School of Public Health Steve R. Russell Senior VP for Finance and Administration VED AS TO FORM: M-nald G. Vandiver, First Assistant City Attorney Ddcon/NTSU-MOU. con.doc March 13, 2002