Loading...
HomeMy WebLinkAboutContract 48296 (;1TY SECRETARY CONTRACT NO.!��qU -- STATE OF TEXAS § Closed POD Site Agreement 4._ § With The City of Fort Worth COUNTY OF TARRANT § AGREEMENT r This Agreement is between The City of Fort Worth and the County of Tarrant, Texas ("County"), and The City of Fort Worth agree to the following. Background The Department is a Local Health Department under Chapter 121 of the Health and Safety Code; The County has received a grant from the Texas Department of State Health Services to make preparations for public health emergencies; The County will need organizations to serve as closed Point of Dispensing ("POD") sites in the event of an emergency caused by bioterrorism, pandemic influenza, or a novel or highly fatal infectious agent or biological toxin; These POD sites will enable The City of Fort Worth to dispense medical countermeasures to their employees and family members; Increasing the number of these sites will enable the County to medicate larger numbers of people; The County has concluded that The City of Fort Worth possesses the facilities and personnel necessary to be a closed POD site; and This Agreement serves a public service. 1. POD Designation 0 Closed POD In the event of a public health emergency, The City of Fort Worth agrees to provide a closed POD site, to staff the site, and to dispense the prescribed prophylaxis to its employees and family members. The City of Fort Worth agrees to make its facilities and personnel available for mass medical countermeasure distribution to its employees and family members as a closed POD site. Medical countermeasures will come from available supply sources. 2. Public Health Emergency This agreement becomes operational if; a. The applicable authority declares a public health emergency; and b. The local health authority declares that large scale treatment is necessary. 3. Department Obligations a. Provide site screening to determine participation suitability; OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX b. The Department will assist The City of Fort Worth with its site dispensing plan, including but not limited to supply lists, POD layouts, fact sheets, dispensing algorithms, etc; c. The Department will arrange for all supplies, equipment, and medication, if available, to the extent necessary to administer medical countermeasures. d. During an emergency, provide reasonable consultation and assistance. e. Provide information updates to the business. f. The Department will train The City of Fort Worth employees to operate their dispensing site under the Medical Reserve Corps Program. g. The Department will collect any unused medications and medical documentation. h. The Department will provide after-action consultation. 4. The City of Fort Worth Obligations a. The City of Fort Worth will serve as a closed POD during an emergency for its employees and their families. b. The City of Fort Worth will write a dispensing plan for the specific facility serving as dispensing site. c. The City of Fort Worth will supply and arrange for all equipment and personnel necessary for staffing, security, crowd control and other tasks necessary to dispense the prescribed prophylaxis to their targeted clientele. d. The City of Fort Worth will designate the following individuals: An administrator who will serve as the primary point of contact. A medical staff point of contact. ® A security point of contact that will interact with the Department making security plans. A Medical Reserve Corps Liaison that will coordinate Training and coordination of corporate MRC members. e. The City of Fort Worth will provide the Department with the number of medications needed. f. The City of Fort Worth will designate one or more representatives that will have the authority to sign for receipt of medications. g. The City of Fort Worth will be responsible for disposal of medical waste. h. The City of Fort Worth will be responsible for inventory management. 5. Method of Medication Receipt by The City of Fort Worth The Department will coordinate with the Department of State Health Services for transporting The City of Fort Worth allotment of medication from the Department of State Health Services storage site to The City of Fort Worth site. The City of Fort Worth will provide the personnel and equipment to take possession of the medication from the Department of State Health Services upon delivery to The City of Fort Worth. 6. Costs All costs associated with Closed POD operation (i.e. personnel, building use, etc.), unless otherwise agreed upon by all Parties provided under this agreement will be that of The City of Fort Worth. 7. Term This agreement becomes effective when approved by the governing body of the County. This agreement may be terminated by either party at any time; however the terminating party shall provide thirty (30) days written notice to the other party. 8. Parties Addresses COUNTY THE CITY OF FORT WORTH TARRANT COUNTY PUBLIC HEALTH The City of Fort Worth 1101 S. Main, STE 2300 1000 Throckmorton St Fort Worth, Texas 76104 Fort Worth, TX 76102 9. Miscellaneous All of the parties agree and recognize that the County and the City are political subdivisions of the Sovereign State of Texas and are therefore subject to the Texas Tort Claims Act. Both parties warrant and represent that it is self-insured up to the limits of liability provided by the Texas Tort Claims Act. Termination without Cause. Either party upon 30 days written notice may terminate this agreement without cause. Notice. Notices of termination or of important communications to be given under this Agreement shall be given to the respective parties in writing either by personal delivery, overnight delivery service, registered or certified mail, or postage prepaid. Such notices or communication shall be deemed to have been provided three (3) days after depositing in the United States mail if sent by regular, registered or certified mail, postage prepaid, or one (1) day after delivery to an overnight delivery service. Governing Law and Venue. This Agreement shall be interpreted under the laws of the State of Texas. The venue for any lawsuit arising out of this Agreement will be the Fort Worth Division of the Northern District of Texas if the lawsuit arises in Federal Court or Tarrant County, Texas if the matter arises in State Court. Assignment. Neither party may assign or transfer any of its rights, duties, or obligations under this Agreement, in whole or in part, without the prior written consent of the other party. Relationship of the Parties. Nothing contained herein or any document executed in connection herewith shall be deemed or construed by the Parties hereto, nor by any third party, as creating the relationship of principal and agent, partnership, joint enterprise, common enterprise, joint venture, joint owners, or joint tenants between the Parties. The Parties hereby declare and acknowledge that the relationship existing is one of independent contractor. Neither party shall have the right or power in any manner to unilaterally obligate the other to any third party, whether or not related to the purpose of this Agreement. Alternative Dispute Resolution. Upon mutual agreement, the parties to this Agreement may submit in good faith to a non-binding mediation before filing a suit for damages. Severability. If any term of provisions of this Agreement is held invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Waiver. Any waiver by a party of any breach of any provision contained herein or any breach thereof shall not constitute a waiver of any other provision or any other further subsequent breach hereof. Entire Agreement. This Agreement any amendments or addenda hereto, and any exhibits specifically mentioned herein constitute the entire Agreement between the parties regarding the subject matter hereof and supersede all prior or contemporaneous discussions, representations, correspondence and agreements, whether oral, written, pertaining thereto. This Agreement may be amended or modified only by a writing duly executed by both parties and any amendment or modification is subject to the approval of the District's Board of Managers. Authority. Each of the undersigned represent that all necessary authorizations have been granted by their respective entities in order to execute this Agreement. By their signature, each Party warrants their complete authority to accomplish the purposes intended herein and that no further actions are required to execute this Agreement. This contract shall not be interpreted to inure to the benefit of a third party not a party to this contract. This contract may not be interpreted to waive any statutory or common law defense, immunity, including governmental and sovereign immunity, or any limitation of liability, responsibility, or damage of any party to this contract, party's agent, or party's employee, otherwise provided by law. 1295 Compliance. THE CITY OF FORT WORTH acknowledges that it is a "governmental entity" and not a "business entity" as those terms are defined in Tex. Gov't Code § 2252.908, and therefore, no disclosure of interested parties pursuant to Tex. Gov't Code Section 2252.908 is required. SIGNED AND EXECUTED this Ow day of aro�b ' 2016. COUNTY OF TARRANT THE CITY OF FORT WORTH STATE OF TEXAS B. Glen Whitley Who Valerie Washington County Judge Assistant City Manager IROVED AS TO FORM; V, inal Dist 'ct Att ney's Office* ,the Criminal District Attorney's Office may only approve contracts for its clients.We reviewed this document as to form from our client's legal ctive. Other parties may not rely on this approval.Instead those parties should seek contract review from independent counsel. APPROVED AS TO FORM AND LEGALITY: i „ 1 aV 'Leann Guzman Assistant City Attorney ATTEST: F® ` ��r,�nooi sy Mary Ka ✓ ° �� City Secretary000000 * 1+CAS OFFICIA`RETARY CITY SECRE FT.WORTM,TX