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HomeMy WebLinkAboutResolution - 6122 - Agreement - Covenant Health System - Drug And Alcohol Screening Services - 12/10/1998Resolution No. 6122 Item No. 23 December 10, 1998 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 for and on behalf of the City of Lubbock an Agreement for physical examinations and drug and alcohol screening services by and between the City of Lubbock and Covenant Health System, a ministry of St. Mary Hospital and Lubbock Methodist Hospital System, attached hereto, and which 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 10th day of Dece er , 1998. 4 DY SI O 7, MAYOR A ST: KaytDarnell, City Secretary APPROVED AS TO CONTENT: Mary Andrtfs, Director of Human Resources APPROVED AS TO FORM: /0) azold Willard, Assistant Chy Attorney HW1cr\ccdocs\CovenantHealthSystem.res November 10, 1998, November 24, 1998 STATE OF TEXAS § COUNTY OF LUBBOCK § Resolution No. 6122 Item No. 23 December 10, 1998 KNOW ALL MEN BY THESE PRESENTS: AGREEMENT This Agreement is hereby made between the CITY OF LUBBOCK, TEXAS, a home rule municipality of Lubbock County, Texas, hereinafter called "CITY", and COVENANT HEALTH SYSTEM, a ministry of St. Mary Hospital and Lubbock Methodist Hospital System, hereinafter called "CHS". WITNESSETH WHEREAS, the CITY solicited proposals from hospitals and other health care professionals to provide: (1) physical examinations for pre -placement job applicants and promotional candidates; and (2) drug and alcohol screening services to the CITY; and WHEREAS, CHS submitted proposals to the CITY which demonstrate that CHS has the ability and expertise necessary to provide CITY with the services it desires: NOW THEREFORE: The CITY and CHS agree as follows: I. CHS shall perform the duties described in the CITY's Request for Proposal #98167 and addendums thereto (the "RFP") including, but not limited to, drug screening of pre -placement job applicants, employees who seek promotions, employees who must comply with the Omnibus Transportation Employee Testing Act of 1991, and employees whose behavior on the job gives rise to a reasonable suspicion that drug usage is a problem. Such duties shall be performed by CHS at the request of the CITY's Human Resources Department, in a timely manner, and in strict compliance with the RFP or United States Department of Transportation regulations. II. CHS shall also perform those duties described in the RFP including, but not limited to, physical examinations for pre -placement job applicants and promotional candidates, consultations, on-site visits and expert witness testimony. Such duties shall be performed by CHS at the request of the CITY's Human Resources Department, in a timely manner, and in conformance with the RFP. CHS shall perform the duties described above and in the RFP for the monetary consideration outlined in CHS' Responses to RFP #98167, each of which is dated September 15, 1998 (the "Responses"). Both the RFP and the Responses referred to herein are incorporated into this Agreement and made a part hereof for all intents and purposes. In the event of a conflict between the RFP and the Responses, the RFP shall be controlling, except to the extent herein modified. IV. The initial term of this Agreement shall be for one (1) year beginning on the 1st day of January , 19 9 9 , and ending on the 31 day of December 19 9 9 , and shall be automatically renewable for two (2) additional one-year terms unless either party hereto gives notice to the other parry at least sixty (60) days prior to expiration of this Agreement that renewal is not desired. V. CITY agrees to pay CHS for the services the company provides CITY under this Agreement within thirty (30) days of receipt by the CITY's Human Resources Department of a proper invoice from CHS. VI. Insofar as allowed by the laws and the constitution of the State of Texas, each parry hereto agrees to indemnify, defend and hold the other party, its officers, employees and agents harmless from any and all claims for damages or injuries proximately caused by any act or omission of the indemnifying party, its officers, employees and agents in the performance of this Agreement. VII. Neither party to this Agreement shall transfer or assign this Agreement, in whole or in part, without written permission from the other party. VIII. In performing this Agreement, CHS shall observe and comply with all federal, state and local laws, ordinances, rules and regulations now in force or hereafter enacted or promulgated. CITY shall not be responsible for the cost of any insurance, taxes, licenses or permits necessary for CHS to do any work or render any services required by this Agreement. IX. Either parry may terminate this Agreement for default or failure by the nonterminating party to perform any of the covenants or conditions contained herein, provided such nonterminating party has been given sixty (60) days written notice of the default or failure and a reasonable opportunity to cure the same. Agreement — Covenant Health System Page 2 X. Nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship between the parties. The sole interest and responsibility of the parties is to ensure that the services covered by this Agreement shall be performed and rendered in a competent, efficient and satisfactory manner. al If any term or provision of this Agreement is held to be invalid for any reason, the invalidity of that term or provision shall not affect the validity of any other term or provision of this Agreement. The remaining terms and provision in this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. XII. The laws of the State of Texas shall govern the validity, performance and enforcement of this Agreement and venue for any legal proceedings shall be in Lubbock County, Texas. XIII. Any required notice to CITY provided for herein shall be sufficient if delivered in person or by certified mail, return receipt requested, to the Director of Human Resources, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457, and any such notice to CHS shall be sufficient if sent in the same manner to George McCleskey, Executive Vice President, St. Mary Hospital and Lubbock Methodist Hospital System, 4000 24th Street, Lubbock, Texas 79410, or such other persons or addresses as may be designated by the parties hereto in writing from time to time. Agreement — Covenant Health System Page 3 IN WITNESS WHEREOF, the parties have executed this Agreement on this the 10th day of December '19 98 . CITY OF LUBBOCK, TEXAS COVENANT HEALTH SYSTEM, A MINISTRY OF ST. MARY HOSPITAL AND LUBBOCK METHODIST HOSPITAL SYSTEM B By: WINDY TT , MAYOR GEORGE MCCLESKE , EXECUTIVE VICE PRESIDENT ATTEST: ATTEST: . .1 APPROVED AS TO CONTENT: 1;7� e9VIU."a—, Mary AndWews, Director of Human Resources APPROVED AS TO FORM: *arold Willard, Assistant Ci Attomey FMcrlccdocslCovenantHealthSystem_StMaryHosp.agree.doc November 10, 1998 Agreement — Covenant Health System Page 4