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HomeMy WebLinkAboutResolution - 4979 - Agreement - St. Mary Of The Plains Hospital - Drug & Alcohol Screening Services - 10/12/1995Resolution No. 4979 October 12, 1995 Item #13 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 by and between the City of Lubbock and St. Mary of the Plains Hospital, attached hereto, 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: Betty A Johnson, ity Secretary APPROVED AS TO CONTENT: Mary Andi4ws. Director of Human Resources APPROVED AS TO FORM: arold Willard, Assistant City Attorney HW: da/ccdocs/stmary.res September 22, 1995 STATE OF TEXAS § COUNTY OF LUBBOCK § Resolution No. 4979 October 12, 1995 Item 4613 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 SISTERS OF ST. JOSEPH OF TEXAS d/b/a ST. MARY OF THE PLAINS HOSPITAL, hereinafter called "ST. MARY." WITNESSETH WHEREAS, the CITY solicited proposals from hospitals and other health care professionals to provide drug and alcohol screening services to the CITY; and WHEREAS, ST. MARY submitted a proposal to the CITY which demonstrates that ST. MARY has the knowledge and training necessary to provide CITY with the services it desires; NOW THEREFORE: The CITY and ST. MARY agree as follows: I. ST. MARY shall perform the duties described in the CITY's Request for Proposal #13289 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, and employees whose behavior on the job reflects a reasonable suspicion that drug usage is a problem. Such duties shall be performed by ST. MARY 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. ST. MARY shall perform the duties described in the RFP for the monetary consideration described in ST. MARY's Response to RFP #13289 dated July 26, 1995 (the "Response"). Both the RFP and the Response 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 Response, the RFP shall be controlling, except for monetary consideration, in which case the Response shall be controlling. The initial term of this Agreement shall be for one (1) year beginning on the 16 �� day of Q" , 19_5, and ending on the 1,C- �-4 day of , 19_2(, but shall be automatically renewed for two (2) successive one-year terms unless either party hereto shall give written notice to the other party of a desire to terminate the Agreement at least thirty (30) days prior to expiration of the initial term or, if applicable, the first subsequent one-year term. IV. CITY agrees to pay ST. MARY 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 ST. MARY. V. Insofar as allowed by the laws and the constitution of the State of Texas, each party 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. VI. This Agreement may not be assigned by ST. MARY, in whole or in part, without written permission of the CITY's Director of Human Resources. VII. In performing this Agreement, ST. MARY 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 ST. MARY to do any work or render any services required by this Agreement. VIII. Either party 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 written notice of the default or failure and a reasonable opportunity to cure the same. Agreement -- St. Mary of the Plains Hospital Page 2 IX. 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, P. O. Box 2000, City of Lubbock, Texas 79457, and any such notice to ST. MARY shall be sufficient if sent in the same manner to the President and CEO, St. Mary of the Plains Hospital, 4000 24th Street, Lubbock, Texas 79410, or such other addresses as may be designated by the parties hereto in writing from time to time. IN WITNESS WHEREOF, the parties have executed this Agreement on this the 12th day of October , 19 95 . OF LUBBOCK, TEXAS SISTERS OF ST. JOSEPH OF TEXAS d/b/a ST. MARY OF THE PLAINS HOSPITAL VID R. LANdsT6N, MAY CHARLEY O. TRIMBLE, PRESIDENT AND CHIEF EXECUTIVE OFFICER ATTEST: Betty M. lohnson, 6ty Secretary APPROVED AS TO CONTENT: ATTEST: I 2&M Mary Andr s, Director of Human Resources APPROVED AS TO FORM: 9: � �' a W-�' &� Harold Willard, Assistant City Attorney HW:da/cityatt/a-stmary.doc October 4, 1995 Agreement -- St. Mary of the Plains Hospital Page 3