HomeMy WebLinkAboutResolution - 2003-R0169 - Professional Services Agreement - Public Health Authority - 04/24/2003Resolution No. 2003-RO169
April 24, 2003
Item No. 45
RESOLUTION
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 on behalf of the City of Lubbock a Professional Services Agreement
for performance of the duties of Public Health Authority with Dr. Donna Bacchi and any
associated documents, a copy of which Agreement is attached hereto and which shall be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 24th day c
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
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Tommy Cainden, Public Health Director
APPROVED AS TO FORM:
Donald G. Vandiver, First Assistant
Attorney
Ddres/Dr.BacchiRes
April 1, 2003
Resolution No. 2003-RO169
April 24, 2003
PROFESSIONAL SERVICES AGREEMENT Item No. 45
STATE OF TEXAS §
COUNTY OF LUBBOCK §
KNOW ALL MEN BY THESE PRESENTS:
This Professional Services Agreement is made and entered into on this the 1 st day of
May, 2003, by and between the City of Lubbock, Texas, a Home Rule Municipal Corporation of
the State of Texas, hereinafter called "City," and Donna Bacchi, M.D., hereinafter called
"Physician".
WITNESSETH:
WHEREAS, the City has determined that it requires the services of a physician to serve
as the City's public Health Authority pursuant to Chapter 121 of the Texas Health & Safety
Code; and
WHEREAS, Donna Bacchi, M.D., has agreed to perform the duties of Health Authority
of the City of Lubbock;
NOW THEREFORE, the parties hereto covenant and agree as follows:
I.
The City hereby appoints and retains the Physician to serve as the Health Authority for
the City of Lubbock as provided by Chapter 121 of the Texas Health & Safety Code on the terms
and conditions hereinafter set forth.
II.
(a) The term of this contract shall be for a period of two (2) years beginning on the
date of execution of this agreement and ending on the same date two years later.
(b) This agreement may be extended for additional two-year terms by mutual
agreement of the parties hereto expressed in writing prior to the end of the initial term or any
extension thereof.
(c) Either party hereto may terminate this agreement at any time during the term of
this agreement by giving sixty (60) days written notice of intention to terminate this agreement.
The City agrees to pay the Physician as compensation for services rendered hereunder the
amount of $150.00 per hour. Physician shall present a bill for services rendered at the end of
each month during the term of this agreement and payment shall be made by the City not later
than the 10th day of each month that this agreement is in effect. Payment may be renegotiated for
any extensions of this agreement.
IV.
Physician agrees to reside in Texas and to remain legally qualified to practice medicine in
Texas during the term of this agreement and any extensions thereof.
V.
Physician as Health Authority and state officer shall perform each duty that is necessary
to implement and enforce a law to protect the public health or prescribed by the State Board of
Health, including the following duties:
(1) establishing, maintaining, and enforcing quarantine in the health authority's
jurisdiction;
(2) aiding the State Health Board in relation to local quarantine, inspection, disease
prevention and suppression, birth and death statistics and general sanitation in the health
authority's jurisdiction;
(3) reporting the presence of contagious, infectious, and dangerous epidemic diseases in
the health authority's jurisdiction to the State Health Board in the manner and at the times
prescribed by the Board;
(4) reporting to the State Health Board on any subject on which it is proper for the Board
to direct that a report be made; and
(5) aiding the State Health Board in the enforcement of the following in the health
authority's jurisdiction:
a) proper rules, requirements, and ordinances;
b) sanitation laws;
c) quarantine rules; and
d) vital statistics collections.
VI.
The City agrees to furnish the Physician with all information, reports, statistics and
records needed or necessary to the performance of his or her duties as Health Authority.
2
VII.
The City and the Physician shall each mutually hold the other harmless from its, his or his
or her own acts of negligence and neither shall be liable to the other for any claim arising from
its, his or her own actions.
VIII.
Nothing contained herein shall be construed as creating the relationship of employer and
employee between the City and the Physician. The Physician shall be deemed at all times to be
an independent contractor or an officer of the State of Texas, whichever is appropriate.
W.4
The Physician shall not assign this contract without prior written consent of City.
X.
If the City of Lubbock's liability insurance policy shall be discontinued for any reason
during the term of this contract, the City shall notify the Physician promptly of such fact and in
any event not less than 30 days prior to the effective date of such discontinuance.
XI.
In the event that the Physician shall be removed from office for cause, this agreement
shall be terminated, except that the hold harmless and insurance provisions shall survive such
termination insofar as any action performed prior to such removal by either party is concerned.
IN WITNESS WHEREOF, the parties hereto have executed this contract and
agreement on the 1 st day of May, 2003.
PHYSICIAN:
CITY OF
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DONNA BACCHI, M.D.
ATTEST:
Rebecca Garza, City Secretary
APPROVE AS TO CONTENT:
Tommy Cam , Public Health Director
APPROVED AS TO FORM: )
6,c6ald G. Vandiver, First Assistant City
Attorney
ddcon\HealthAuthCon03
April 1, 2003