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Home My WebLink AboutResolution - 4989 - Interlocal Agreement - TTUHSC - Dr. Warner, Consultant Services - 10/12/1995Resolution No. 4989 October 12, 1995 Item #26 RESOLI TTIQN 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 Interlocal Agreement with the Texas Tech University Health Sciences Center for consultant services, 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: &at,- ki bt' Betty A Johnson, City Secretary 12th APPROVED AS TO CONTENT: Doug Good Managing Director Health & ConkntViity Services APPROVED AS TO FORM: dflw tio, - M larence Walker, Assistant City Attorney DGV jOA-TTHSC.RES ccdocs(October 2, 1995 day of October , 1995 i D .l0 Resolution No. 4989 October 12, 1995 Item 426 ALMW96124 INTERLOCAL AGREEMENT THE STATE OF TEXAS § CONSULTANT SERVICES AGREEMENT COUNTY OF LUBBOCK WHEREAS, the City of Lubbock, Texas, a home rule municipal corporation, has created and operates a local health department in accordance with Section 121.031 of the Texas Health and Safety Code; and WHEREAS, the City of Lubbock Health Department is responsible for "protecting the health of the city . . . against contagious and infectious diseases" through surveillance and epidemiological activities; and WHEREAS, the Department of Community Health and Preventive Medicine at the Texas Tech Health Sciences Center has available an individual qualified to provide consultation services; NOW THEREFORE: WITNESSETH: This Interlocal Governmental Agreement is entered into this 12th day of October , 1995, by and between the CITY OF LUBBOCK, hereinafter called "City", and the TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER, hereinafter called "University", for the mutual covenants hereinafter set forth and University and City hereby agree as follows: ARTICLE I SERVICES TO BE PROVIDED The University hereby agrees to provide the City Health Department with the professional services of Dr. Ronald Douglas Warner, hereinafter called "Dr. Warner", to provide surveillance and epidemiology consultation services. Such contract shall be subject to approval of the City Council of the City of Lubbock. Dr. Warner shall perform the following specific duties under the administrative supervision of the department manager: a. Develop data base and methodology(ies) for collection. Identify what data is significant in determining the health and illness status of the citizens of Lubbock. b. Review data collected for accuracy and completeness. C. Interpret data as it reflects the health and illness status of the citizens of Lubbock, and in achieving the goals of Healthy People/Healthy Communities 2000. d. Recommend sentinel collection points (physicians, clinics) by type and number. Determine significance in reporting to identify epidemic situation. e. Provide consultation in preventing disease outbreaks and/or minimizing disease spread. f. Evaluate efficacy of health care programs in the community. g. Forecast health care needs based on statistical data. h. Report to the Board of Health and City Council, as required, regarding surveillance and prevention activities, interpretation of data, health status of the community and recommendations for health planning. i. Develop new insights and innovative solutions to health problems through conduct of or participation in public health research. 2. Dr. Warner shall serve for a term of two (2) years and may be appointed for successive terms by mutual consent of the parties in writing. 3. This Contract calls for the performance of services of Dr. Warner as an independent contractor. Dr. Warner shall not be an employee of the City and shall have no power to bind the City in any legal contract or in any other way without prior written consent of the City. 4. In the event of any disagreement pertaining to consultation and recommendations, Dr. Warner may request such dispute be resolved by a joint meeting of the department manager, department director, health authority, and the City Manager or his designated representative. In the event Dr. Warner is overruled in such joint meeting, or in the event time does not allow such a meeting and Dr. Warner is overruled, Dr. Warner shall be held harmless by the City for any claim of any nature whatsoever arising from the action of the City in overruling Dr. Warner. ARTICLE II CONTRACT AMOUNT The City will pay the University for the consultant services of Dr. Warner $35.00 per hour, not to exceed $20,000 for each year of this Contract. The City will remit the amount owed on a monthly basis, upon receipt of a billing statement from the University. The City will make the payments for the performance of Dr. Warner's services from current revenues available to the City. ARTICLE III PROFESSIONAL LIABILITY INSURANCE Dr. Warner shall maintain professional liability coverage, as required, under the Texas Tech University Health Sciences Center - Medical Malpractice Self -Insurance Plan. INTERLOCAL AGREEMENT TTU HEALTH SCIENCES CENTER ---- PAGE 2 ARTICLE IV TERM OF CONTRACT This Agreement shall commence on the 1st day of October , 1995, and shall continue in effect for two years, unless it shall be continued thereafter in successive two year terms, by mutual consent of the parties in writing. Termination of this Agreement may be had by either party giving the other party ninety (90) days written notice of termination. ARTICLE V INDEMNIFICATION To the extent authorized by law, the University shall hold harmless and indemnify the City, its officers and employees from all third party claims arising from the negligence or willful misconduct of the University or Dr. Warner with respect to provisions of services pursuant to this Agreement. 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 To the extent that either party to this Contract 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 VIII SEVERABILITY Both parties agree that should any provision of this Contract be determined to be invalid or unenforceable for any reason, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. INTERLOCAL AGREEMENT TTU HEALTH SCIENCES CENTER ---- PAGE 3 ARTICLE IX AMENDMENTS Except as otherwise provided herein, this Contract cannot be modified or amended except by written agreement of the parties hereto. ARTICLE X ASSIGNMENT Neither party shall have the right to assign or transfer their rights to any third parties under this Agreement. ARTICLE XI ENTIRE AGREEMENT This Contract 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. 'ED this 12th day of October , Texas. 1995, at Lubbock, F BBOC TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER: BY: 'ID R. LANG ON. MAY R El MO M. CAVIN, VICE PRESIDENT ATTEST: Betty Jo son, City S cretary APPROVED AS CO TENT: Doug Go an, Managing Director of Health &&6mmunity Services APP/f,OVED AS TO FORM: /7/0 tA rA & ) /� 44 A larence Walker, Assistant Ci y Attorney CW.js/IA-TTIISC.DOC CityAtt/October 2, 1995 APPROVED AS TO FORM: AaDJIAA,,- - Associate General Counsel Date: �( 12� 11-12 INTERLOCAL AGREEMENT TTU HEALTH SCIENCES CENTER ---- PAGE 4