HomeMy WebLinkAboutContract 26336 -1 10-31-00 AI1 :01 IN
CITY SECRETAR
INTERLOCAL AGREEMENT CONTRACT 140. 'j&
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a
home-rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter
called "City," acting herein by and through Libby Watson, its duly authorized Assistant City
Manager, and Tarrant County, Texas, hereinafter called "County," acting herein by and through,
Tom Vandergriff, its duly authorized County Judge as directed by the Commissioners Court of
Tarrant County, Texas.
WITNESSETH:
WHEREAS, Texas Government Code, chapter 791, authorizes the formulation of
interlocal cooperation agreements between and among governmental entities; and
WHEREAS, Texas Government Code, § 791.011 provides that a local government may
contract with another to perform governmental functions and services, and the definition of
"governmental functions and services" under § 791.003(3) includes the areas of public health and
welfare as well as comprehensive health care; and
WHEREAS, the parties entered into an Interlocal agreement whereby County agreed to
take over the Disease Control services previously provided by City, defined for the purposes of
this agreement to include only: a) Sexually Transmitted Disease, hereinafter called "STD"
control services, and b) Tuberculosis Control Services, hereinafter called "Disease Control
Services" and the City and the County desire to continue the agreement for the duration of this
contract; and
WHEREAS, the parties mutually desire to be subject to the provisions of Texas
Government Code, Chapter 791, also known as the Interlocal Cooperation Act;
NOW THEREFORE, it is agreed as follows:
1.
Pulpose
The purpose of this Interlocal Agreement ("Agreement") is to continue the Interlocal.
agreement between the City and the County whereby, the County agreed to take over the Disease
Control Services previously provided by the City.
2.
Term
The term of this agreement is for a period commencing October 1, 2000, and ending
September 30, 2001.
A� fIRMO
3.
Services Provided by County
County shall assume, for the term of this agreement, sole responsibility to continue
Disease Control services that were provided by City through September 30, 1997.
4.
Medical Records
A. County hereby agrees to continue to be the Custodian of City's Disease Control medical
records contained in all former City's disease control clinics.
B. As custodian, County agrees to comply with all laws and regulations and to maintain the
confidentiality of the Disease Control records in accordance with state and federal law.
C. County agrees that the Disease Control records shall remain the property of City and that
the contents of the existing records shall not be altered in any way, thereby preserving
their integrity. The County may make additions to individual records as needed for the
continuing care and treatment of clients.
D. City transferred the custody of all the Disease Control medical records to County by
October 1, 1997.
E. City acknowledges that County may attempt to obtain a medical records release from the
client or the client's parent or legal guardian to assist in providing medical care. If a
release that complies with state law is signed, County may make copies of any medical
records contained in the client's medical file. County agrees to place the original medical
records release in City's medical records for that client.
F. If the client or the client's parent or legal guardian refuses to sign a medical records
release to County, but wants his or her medical records released to another entity, County
shall send a copy of the client's medical records to the chosen entity after client or client's
parent or legal guardian signs a medical records release that complies with state law.
G. In the event that City receives a request for medical records during the term of this
agreement that complies with state law, City will forward the request to County, at the
following address: 1800 University Drive Suite 204, Fort Worth, Texas 76107. County
shall copy the requested information and send the copy to the location specified in the
request within five business days of the request.
2 � � °G �
5.
Compensation
As fair compensation for the services provided by County pursuant to this agreement:
A. For the term of this agreement, City shall pay County one hundred seventy thousand and
four dollars ($170,004.00) for the provision of Sexually Transmitted Disease Clinical
Services. Such payment shall be by lump sum due forty-five (45) days after the
execution of this agreement by both parties.
B. Pursuant to the requirements of Government Code § 791.011(dx3), the amount due
County under subparagraph A. above shall be paid from revenues currently available to
City in the present fiscal year.
C. The parties acknowledge that funding for the Tuberculosis Control Services was
originally grant funded and the County has sole responsibility to apply for grant funds to
continue the Tuberculosis Control Services.
6.
Independent Contractor
County shall operate under this agreement as an independent contractor and not as an
officer, agent, servant, or employee of City. County shall have the exclusive right to control the
details of the work and the services performed hereunder, and all persons performing same. City
shall have no right to exercise any control over or to supervise or regulate County personnel in
any way. The doctrine of Respondent Superior shall not apply as between the parties, and
nothing herein shall be construed as creating a partnership or joint enterprise between the parties.
7.
Liaison
City shall designate one or more persons who shall be available to consult with County, if
needed, to assist in resolving problems and questions that may occur during the term of this
agreement.
8.
Termination
This agreement may be terminated as follows:
A. A material breach of this agreement by either party shall immediately terminate
the obligations of the other party under this agreement.
wMi,
3
B. In the event that County materially breaches this Agreement, County shall return
a prorated amount of monies included in Paragraph 5A to City.
9.
Immuni
It is expressly understood and agreed that, in the execution of this agreement, neither of
the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would
otherwise be available to it against claims arising in the exercise of governmental powers and
functions. By entering into this agreement the parties do no intend to create any obligations,
expressed or implied, other than those set forth herein and this agreement shall not create any
rights in parties not signatories hereto.
10.
Non-assignability
Except as otherwise expressly provided herein, this agreement is non-assignable, and any
unauthorized purported assignment or delegation of any duties hereunder, without the prior
written consent of the other party, shall be void and shall constitute a material breach of this
agreement.
11.
Entire
This agreement and all attachments incorporated herein by reference constitute the entire
agreement by the parties hereunder, and any prior or contemporaneous oral or written
agreements, shall be void.
12.
Severability
In case any one or more of the provisions contained in the agreement shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this agreement, and this agreement shall
be construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
umgpDD
4
13.
Venue
This agreement shall be construed under and in accordance with the laws of the State of
Texas, and the venue for any litigation arising from this agreement shall be in Tarrant County,
Texas.
14.
Authgn
This agreement is made for City and County as an Interlocal Agreement pursuant to
Chapter 791 of the Government Code of Texas.
15.
Authorization
The undersigned officers and/or agents of the parties hereto are properly authorized
officials and have the necessary authority to execute this agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary actions extending such
authority have been duly passed and are now in full force and effect.
EXECUTED in triplicate in Fort Worth, Tarrant County, Texas.
CITY
OF RT WORTH TARRANT COUNTY
7r �
Libby Watson Tom Vandergriff G '
Assistant City Manager County Judge
Date: /0/3i /U Date: /® C
APPROVED AS TO FORM APPROVED AS TO FO
Assistant Attorney Assist&bistrict Attorney
ATTEST:
Contract Authorization
ity Secr4 //- ) - 06 9 "/ o2 " M
Date
NCO RD
5
City of Fort Worth, Texas
4tayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
9/12/00 **C-18227 5000NTROL 1 of 1
SUBJECT INTERLOCAL AGREEMENT WITH TARRANT COUNTY TO CONTINUE TO PROVIDE
DISEASE CONTROL SERVICES FOR FISCAL YEAR 2000-2001
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement
with Tarrant County for the provision of disease control services in an amount not to exceed $170,004.
DISCUSSION:
In 1997, the City Council and the Tarrant County Commissioner's Court agreed that the City would
transfer responsibility for operating the City's disease control clinic services to Tarrant County. The City
and Tarrant County would like to continue the Interlocal Agreement. The term of this agreement is from
October 1, 2000, to September 30, 2001.
The interlocal agreement provides for:
• Tarrant County to continue to assume the sole responsibility to continue the disease control
services that were previously provided by the City; and
• Tarrant County to continue as the custodian of the City of Fort Worth's disease control services'
medical records; and
• A $170,004 payment to be made by the City to Tarrant County within 45 days of execution of the
agreement by both parties; and
• Termination in the event that a material breach occurs by either party. qmi
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds for this expenditure are available in the City Manager's
FY2000-2001 proposed budget.
LW:j
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183 APPROVED-
Originating Department Head: CITY COUNCIL
Lctha Aycock 7204 (from) SEP 12 2000
GG01 539120 0501000 $ 170,004,00 C�
Additional Information Contact: �"-
QtV
City of Secretary Wo th,f the
Texas
Robert Striker 7203