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HomeMy WebLinkAboutResolution - 2016-R0126 - Consulting Laboratory Director Agreement - 04/14/2016Resolution No. 2016-RO126 Item No. 5.11 April 14, 2016 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, a Consulting Laboratory Director Agreement (City of Lubbock Health Department Consulting Laboratory Director and Clinical Consultant Agreement) between the City of Lubbock and Texas Tech University Health Sciences Center to provide the professional services of a qualified physician to act as Consulting Laboratory Director and Clinical Consultant for the City of Lubbock Health Department. Said Consulting Laboratory Director Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this April 14, 2016. 44 - �/ GL . RO RTSON, MAYOR ATTEST: eb'cca Garza, City Sec APPRO ED AS TO CONTENT: Katherine Wells, City of Lubbock Health Director Lab Dir2016.doc Resolution No.2016-RO126 CONSULTING LABORATRY DIRECTOR AGREEMENT (CityofLubbock Health Department Consulting Laboratory Director and Clinical Consultant) Thisisa Consulting Laboratory Director Agreement between theCityof Lubbock,acting by and through its Health Department (hereafter referred to as COLHD),and THE TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER,on behalf of its School of Health Professions, Department of Laboratory Sciences and Primary Care, Lubbock Campus,(hereafter referred toas TTUHSC).Funding for this Agreement will be provided bytheCityof Lubbock general funding. SERVICES TO BE PROVIDED TTUHSC hereby agrees to provide the City of Lubbock Health Department with the professional services of HAL LARSEN,Ph.D., MT (ASCP),CLS (NCA)(hereafter referred to as "Dr. Larsen", a TTUHSC employee) to act as Consulting Laboratory Director and Clinical Consultant for the COLHD,subject to approval by the City Council of the City of Lubbock. In the event that Dr. Larsen is unable to fulfill his obligations for the term of this contract, TTUHSC agrees to provide a suitablememberof its faculty to perform the services of Consulting Laboratory Directorand Clinical Consultant for the COLHD as set forth in this Agreement. TTUHSC agrees its employed, Dr. Larsen, as Consulting Laboratory Director for the COLHD,shall perform the following duties underthe administrative supervision of the City of Lubbock Health Department Manager: 1.Ensure testing systems in the laboratory providequality services in all aspects of test performance (i.e.,the pre-analytic,analytic,and post-analytic phases of testing)and thattestingsystemsare appropriate forpatient population,andshall specifically: a.Know and understand CLIA '88 laws and regulations. b. Advise COLHD support staff regarding compliance activities. 2.Ensure physical and environmental conditions of the laboratory are adequate and appropriate for the testing performed. 3. Ensure the environment for employees is safe from physical, chemical and biological hazardsand safetyand that biohazard requirementsare followed. 4. Ensure a general supervisor is available to provide day-to-day supervision of all testing personnel and reporting of test resultsas well as provide on-site supervision for specific minimally qualified testing personnel when they are performing high complexity testing. Page 1 of4 CON1323416 CON1323416 5. Ensure each employee's responsibilities and duties are specified in writing. 6. Ensure that sufficient numbers of appropriately educated, experienced, and/or trained personnel are employed to provide appropriate consultation, and accurate performance of tests and reporting of test results in accordance with the written duties and responsibilities specified by the Provider. 7. Ensure new test procedures are: a. reviewed, b. included in the procedure manual, and c. followed by COLHD personnel. 8. Ensure that test reports include pertinent information for test interpretation. 9. Be available for consultation concerning test results, and the interpretation of those results, as they relate to specific patient conditions. In addition the following general terms are agreed upon by the City of Lubbock and the Provider: I. The Consulting Laboratory Director and Clinical Consultant assigned by the Provider shall meet minimal requirements set forth by CLIA '88 regulation. 2. COLHD will provide orientation and program training to the Consulting Laboratory Director and Clinical Consultant assigned by the Provider, as needed. 3. COLHD will maintain enrollment and participation in an appropriate proficiency testing program for each clinical test performed. 4. COLHD will promptly inform the Consulting Laboratory Director and Clinical Consultant assigned by the Provider of laboratory personnel changes and provide new employee educational and experience qualifications for review. 5. COLHD will promptly inform the Consulting Laboratory Director and Clinical Consultant assigned by the Provider of changes in testing procedures, including the addition and discontinuation of clinical procedures. 7. COLHD Program Supervisors will be responsible for supervision, coordination, and evaluation of client services. Page 2 of 4 CON1323416 8. COLHD Program Supervisors will submit verification of the participation of the Consulting Laboratory Director and Clinical Consultant assigned by the Provider to the Customer Services Representative responsible for processing payment requests. Each party represents and warrants on behalf of itself, that all decisions regarding the medical care of patients shall be based solely upon the professional medical judgment of a patient's attending physician(s) and shall be made in the best interests of patients, that the aggregate benefit given or received under this Agreement, whether in cash or in kind, has been determined in advance through a process of arms -length negotiations that were intended to achieve an exchange of goods and/or services consistent with fair market value in the circumstances, and that any benefits given or received under this Agreement is not intended to induce, does not require, and is not contingent upon, the admission, recommendation or referral of any patient, directly or indirectly, to the other party. The City of Lubbock will pay TTUHSC FOUR HUNDRED SEVENTY-FIVE (S475.00) per month for approximately four hours of service per month, using the established procedures of the City of Lubbock. Both parties agree that Consulting Laboratory Director shall maintain a log of time spent with a description of the activities for each time period. TTUHSC and COLHD represent and warrant that neither Parry has been excluded from any federal healthcare program, that no basis for such exclusion exists, to the best of the parties' knowledge, and that neither Parry has been subject to any final adverse action as defined under the Health Care Fraud and Abuse Data Collection Program. Both parties agree to notify the other immediately if either is subject to an inquiry, investigation, or final adverse action by a government agency, third -party payor, or intermediary as to the provision of services under this Agreement. TTUHSC and COLHD acknowledge that, as governmental entities, neither party may indemnify the other against claims, demands, actions, liabilities, or expenses (including reasonable attorney's fees) arising out of the actions or omissions of the other party. TTUHSC and COLHD agree that they will be responsible for the actions or omissions of their own employees and agents, in connection with this Agreement. This provision shall survive any termination or expiration of this Agreement. Pursuant to 42 U.S.C. Section 1395x(v) (1)(I) and 42 C.F.R. Part 420, Subpart D Section 420.300 et sea.. TTUHSC and COLHD shall, until the expiration of four (4) years after the furnishing of Medicare reimbursable services pursuant to this Agreement, upon proper written request, allow the Comptroller General of the United States, the Secretary of Health and Human Services, and their duly authorized representatives access to this Agreement and to the parties books, documents and records necessary to certify the nature and extent of costs of Medicare reimbursable services provided by Physician under this Agreement are carried out by means of a subcontract with an organization related to TTUHSC/Physician, and such related organization provides the services at a value or cost of $10,000.00 or more over a twelve-month period, then the subcontract between Page 3 of 4 CON1323416 TTUHSC/Physician and the related organization shall contain a clause comparable to the clause specified in the preceding sentence. This agreement made this 11th day of February2016 , 2015, effective September 1, 2015, and may be continued by mutual agreement by both parties from year to year for a maximum of four additional one-year terms. Terms may be (1) renegotiated, or (2) terminated, by either Party upon thirty (30) days written notice to the other Party. CITY OF LUBBOCK: BY: Glen bertsod Mayo DATE: April14.2016 ATTEST: Reb cca Garza, City ecretary APPROVED AS TO CONTENT: City of Lubbock Health Director I TEXAS TECH UNIVERSITY HEALTH 5CIENCES CENTER: BY:LIfz1 1 c i r i t I, 11 X1(i4 Elmo M. Cavin Executive Vice President DATE: Feb 11, 2016 Although not a Party to this Agreement, I hereby acknowledge that I have read this Agreement and understand the obligations hereunder: wo&t �— Hal Larsen, Ph.D., MT (ASCP), Cl (NCA) Page 4 of 4 AMa� CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDff" 3/26/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER bMPLUS, LLC (LIC. 7138 6 7139) 9555 W Sam Houston PkWy #475F. Houston, TX 77099 cDMTACT Dennis Borne .(713)995O 3 1842 -0692 nmus INSURERMI AFFORDING COVERAGE NAICX INSURERA' Insurance Co INSURED Texas Tech HSC School of Allied Health 3601 4th Street Lubbock, T% 79430 INSURERB: NSURER D: INSURER F: COVERAGES CFRTIFICATF NHMRFR' REVISION NUMBER: V THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWRHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIRCATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN s SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONSOF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS. OUR LTII TYPE OF INSURANCE INgIL POLICY FF POLICY UP LIMITS GENERAL LIABILITY EACH OCCURRENCE S S COMMERCIAL GENERAL LIABILITY CMMS4ADE OCCUR MED UP An one arson S PERSONAL A ADV INJURY S GENERAL AGGREGATE $ GENT AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMPX)PAGG S $ PRO AUTOMOBILELIABILITY COMBINED SINGLE LIMIT BODILY INJURY Person) S ANYAUrO BODILY INJURY amdenq S ALL OWNED SCHEDULED HIRED AUTOS NON -OWNED AMOS PPROPER DAMAGE S B UMBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAR CLAIMS -IA DE WORKERS COMPENSATION I WC STATU- I 0I AND EMPLOYERS'LIABILITY ANyILI Y PROPRIETOUPARTNERIE%ECURVE OFFICERIMEMBER EXCLUDED] NIA r4/01/2016 ELEACHACCIDENT $ (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE S III,desctlee ender ERATIONS Wow E.L. DISEASE - POLICY LIMIT S A Professional Liability E0000025146-02 4/01/2015 $1,000,000 Each Claim $3,000,000 Aggregate Limit DESCRIPTION OFOPERAnONS I LOCATIONS/ VEHICLES (AaacllACORD101,MdN al Remarks SOWd ,ifmorespace6rtyuireI First Named Insured: Texas Tech Health Science School of Allied Health Sciences, Retro Date: 04/01/2003. Addll Named Insureds: Texas Tech Health Science Center dba: TTUHSC Physical Rehabilitation Specialty Program, Retro Date: 04/01/2012 Speech 6 Hearing Clinic, Retro Date: 12/06/2011. CFRTIFIr`ATF Wnl nFR CANCFI I ATInm Texas Tech Health Science Center School of Allied Health Sciences SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3601 4th Street ACCORDANCE WITHTHE POLICY PROVISIONS. Lubbock, T% 79430 AUTHORIZED REPRESENTATIV C 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD