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Home My WebLink AboutResolution - 5140 - Interlocal Agreement - TTUHSC - Dr. Farah Shah, Medical Director, LHD - 03/14/1996Resolution No. 5140 March 14, 1996 Item # 49 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 I execute for and on behalf of the City of Lubbock an Interlocal Agreement between the City of Lubbock and Texas Tech University Health Sciences Center to provide the services of Dr. Farah Shah as Medical Director for the City of Lubbock Health Department, 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 ATTEST: a 0�a) etty ohnso , City Secretary APPROVED AS TO CONTENT: 14th C' 5�7" Doug Goodin Managing Director of Health & Community Services APPROVED AS TO FORM: Clarence E. Walkee, Assistant City Attorney CEW.jsAA-SHARRES ccdocs/February 15, 1996 Resolution No.5140 March 14, 1996 Item # 49 INTERLOCAL AGREEMENT THE STATE OF TEXAS PROFESSIONAL SERVICES AGREEMENT COUNTY OF LUBBOCK WHEREAS, the City of Lubbock, Texas, a home rule municipal corporation, has created and operates a Iocal health department in accordance with Section 121.031 of the Texas Health and Safety Code; and WHEREAS, the City of Lubbock Health Department desires the services of a Medical Director; and WHEREAS, the Department of Dermatology at the Texas Tech Health Sciences Center has available an individual qualified to provide professional services; NOW THEREFORE: WITNESSETH: This Interlocal Governmental Agreement is entered into this 14th day of March , 1996, by and between the CITY OF LUBBOCK, hereinafter called "Receiving Agency", and the TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER, hereinafter called "Performing Agency", for the mutual covenants hereinafter set forth and both parties hereby agree as follows: ARTICLE I SERVICES TO BE PROVIDED The Performing Agency hereby agrees to provide the City of Lubbock Health Department with the professional services of DR. FARAH SHAH, hereinafter called "Dr. Shah", to provide the services of MEDICAL DIRECTOR for the City of Lubbock Health Department. Such agreement shall be subject to approval of the City Council of the City of Lubbock. Dr. Shah shall perform the following specific duties under the administrative supervision of the department manager: Approve clinic procedures, protocols, and standing orders for clinical services provided by Health Department professional and paraprofessional nursing and clerical staff. a. Procedures and protocols are based on federal and state regulations, and on generally accepted standards of care. b. Manuals are reviewed and revised at least annually by clinic staff for Medical Director's approval. C. Clinical services currently provided at the Lubbock Health Department include Immunizations, Sexually Transmitted Diseases (STD), Early and Periodic Screening, and Diagnosis and Treatment (EPSDT). 2. Provide Medicaid number for purposes of billing National Heritage Insurance Corp. (NHIC) for services rendered to Medicaid recipients: a. Clinics include Immunizations, STD, EPSDT and Laboratory. b. Proceeds of reimbursement will be retained by the Lubbock Health Department. 3. Serve as Laboratory Clinical Consultant to comply with Clinical Laboratory Improvement Act (CLIA) regulations. This includes providing on-call consultation regarding the appropriateness of the testing ordered and interpretation of test results, as provided at 42 CFR § 493.1419. ARTICLE II CONTRACT AMOUNT The City of Lubbock will pay Texas Tech University Health Sciences Center Department of Dermatology for the Medical Director services of SIX HUNDRED AND NO/100 DOLLARS ($600.00) per month. The City will remit the amount owed on a monthly basis and will make the payments from current revenues available to the City. ARTICLE III INDEPENDENT CONTRACTOR STATUS Nothing contained herein shall be construed as creating a relationship of employer/employee between the receiving agency and performing agency. The performing agency shall be deemed at all times to be an independent contractor. ARTICLE IV DURATION AND TERMINATION OF CONTRACT This contract is to begin February 1, 1996 and shall terminate January 31, 1997. Thereafter, this agreement shall continue in full force and effect on a month to month basis. Termination of this Agreement may be had by either party giving the other party thirty (30) days written notice of termination. ARTICLE V PROFESSIONAL LIABILITY INSURANCE As an institution of higher education in the State of Texas, Texas Tech University Health Sciences Center (TTUHSC) is self-insured under the Texas Tech University Health Sciences Center Professional Liability Self Insurance Plan. Under the Plan, TTiJHSC has liability insurance coverage of FOUR HUNDRED THOUSAND DOLLARS ($400,000) per occurrence and ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000) aggregate. INTERLOCAL AGREEMENT TTUHSC DEPT. OF DERMATOLOGY ---- PAGE 2 ARTICLE VI APPLICABLE LAW This Contract is an interlocal agreement executed under the laws of the State of Texas and its interpretation is governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Agreement shall lie exclusively in Lubbock County, Texas. ARTICLE VII INDEMNIFICATION To the extent authorized by law, the Performing Party shall hold harmless and indemnify the Receiving Party, its officers and employees from all third party claims arising from the negligence or willful misconduct of the Performing Party or Dr. Shah with respect to provisions of services pursuant to this Agreement. ARTICLE VIII FORCE MAJEURE To the extent that either parry to this Agreement shall be wholly or partially prevented from the performance of the term specified or of any obligation or duty placed on such party by reason of or through strikes, stoppages of labor, riot, fire, flood, acts of war, insurrection, court judgment, act of God or other specific cause reasonably beyond the party's control and not attributable to its malfeasance, neglect, or nonfeasance. In such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. ARTICLE IX SEVERABILITY Both parties agree that should any provision of this Agreement be determined to be invalid or unenforceable for any reason, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE X AMENDMENTS Except as otherwise provided herein, this Agreement cannot be modified or amended except by written agreement of the parties hereto. INTERLOCAL AGREEMENT TTUHSC DEPT. OF DERMATOLOGY ---- PAGE 3 ARTICLE XI ENTIRE AGREEMENT This Agreement constitutes the complete agreement between the parties hereto and supersedes any or all oral and written agreements between the parties relating to matters contained herein. this 14th day of Lubbock Co ty, T(( CVR.ID BBfI B D OO ATTEST: Ltt' L�- ()14L etty Jbhfison, Cify Secretary APPROVED AS TO CONTENT: Q°LI Doug Goo n, Managing Director of Health & Community Services APPROVED AS TO FORINT: q4116mr. Ad& arence E. Walker, Assistant City Attorney CEW.js/1A-31-1AH.D0C 137-ContsAgmtsfFebruary I5, 1996 March , 1996, at Lubbock, TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER: $Y: 1zz ELMO M. CAVIN, VICE PRESIDENT FOR FISCAL AFFAIRS Date: Ze /J� APPROVW AS TO FORM- fill fi 4 Associate General Counsel Date: INTERLOCAL AGREEMENT TTUHSC DEPT. OF DERMATOLOGY ---- PAGE 4 ALMIN962251A Resolution No. 6436 Aug. 12, 1999 Item No. 26 Amendment Number I Agreement between Texas Tech University Health Sciences Center Department of Dermatology and City of Lubbock Health Department It is mutually understood and agreed by and between the undersigned contracting parties of the above referenced contract to amend said contract as follows: Article I, Paragraph I shall be amended to read: The Performing Agency hereby agrees to provide the City of Lubbock Health Department with the services of DR. DAVID BUTLER, hereinafter called "Dr. Butler" to provide the services of MEDICAL DIRECTOR for the City of Lubbock Health Department. Such agreement shall be subject to approval of the City Council of the City of Lubbock. Dr. Butler shall perform the following specific duties under the administrative supervision of the department manager: Article I shall have the following statement added: In the event that Dr. Butler is unable to fulfill his obligations for the term of this contract, the Texas Tech University Health Sciences Center Department of Dermatology agrees to provide a member of its faculty to perform the services of Medical Directory for the City of Lubbock Health Department. Article IV shall be amended to read: This Contract is to begin July 1, 1999 and shall end June 30, 2000. Thereafter, this agreement shall continue in full force and effect on a month to month basis. Termination of this Agreement may be had by either party giving the other party thirty (30) days written notice of termination at any time during this contract, with or without cause, and this Agreement terminates immediately upon nonpayment. All other terms and conditions not hereby amended are to remain in full force and effect. Page II RECEIVING AGENCY CITY OF LUBBOCK ATTEST: By KAY**DARNELL, City Sec. Date A gust 12, 1999 APPROVED AS TO CONTENT: By �',� A"t) Date 7—gz-g9 tlYed as rMl puLY AU01neY ALMW96225YA Imo M. Cavin, Vice -President for Fiscal Affairs z Y Date Ar_