HomeMy WebLinkAboutContract 29092 09-i7-03 Al1 : 21 IN
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Contract No. CQl 0_ I a,
INTERLOCAL AGREEMENT
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 Richard Zavala, 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 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.
Term
The term of this agreement is for a period commencing upon its execution, and ending
February 28,2004.
2.
Services Provided by County
County agrees to provide immunization service against Hepatitis A to City firefighters,
police officers and other employees who may be at risk for the disease.
3.
Immunity and Liability
The County expressly waives its right to assert immunity from suit for a claim forming
the basis of a suit between the City and County alleging a breach of this Contract. The County
does this as consideration for the City's offer to enter into this Contract with the County. No
third party may use this waiver in any way and no waiver of immunity in favor of a third party is
intended by this Contract.
4.
Compensation
As fair compensation for the services provided by County pursuant to this agreement,
City agrees to the County the sum of$35.00 per immunization shot.
5.
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.
6.
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.
7.
Termination
This agreement may be terminated as a result of a material breach by either party who
fails to cure such default within a reasonable period of time after having been notified of the
material breach by the non-breaching party.
8.
Third-Part Beneficiaries
This Agreement shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of this
Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts
or commitments.
INTERLOCAL AGREEMENT
HEPATITIS IMMUNIZATIONS
Page 2 of 4
9.
Entirety
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.
10.
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.
11.
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.
12.
Authority
This agreement is made for City and County as an Interlocal Agreement pursuant to
Chapter 791 of the Government Code of Texas.
13.
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.
INTERLOCAL AGREEMENT
HEPATITIS IMMUNIZATIONS
Page 3 0f4
EXECUTED in triplicate in Fort Worth, Tarrant County, Texas, this the�� of July,
2003.
CITY OF FORT WORTH TARRANT COUNTY
R�fiG
and Zavala Tom Vandergriff i
Assistant City Manager County Judge
Date: —\-1-0]? Date: 3
APPROVED AS TO FORM APPROVED AS TO FO
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Assistant City Attorney Assistant D' rict Attorney
ATTEST:
a00. City ec�etary
Contract uthorization
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Date
INTERLOCAL AGREEMENT CITY C-1�� /1" u
HEPATITIS IMMUNIZATIONS ^^ U q
Page 4of4 � ':`JUC7�Jlf �LG1e
City of Fort Worth, Texas
I1YDago r And council communication
DATE REFERENCE NUMBER LOG NAME PAGE
4/8/03 **C-19534 14VAC 1 of 3
SUBJECT PROVISION OF HEPATITIS A VACCINATIONS FOR FIREFIGHTERS, POLICE
OFFICERS AND OTHER AT-RISK EMPLOYEE GROUPS
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an Interlocal Agreement with Tarrant County to provide
immunizations against Hepatitis A for firefighters, police officers, and other employees who may be
at risk for the disease; and
2. Authorize the City Manager to amend City Secretary Contract No. 24469 with Concentra Health
Services, Inc. to provide testing for Hepatitis A antibodies in the blood for firefighters, police officers,
and other employees who have received immunizations against Hepatitis A; and
3. Adopt the attached appropriation ordinance increasing appropriations in the Workers' Compensation Fund
by$270,400 and decreasing the unreserved, designated fund balance by the same amount.
DISCUSSION:
One facet of the City's occupational health program involves preventive measures recommended by
health protocols and/or required by state statutes. Health protocols are outlined by the National Center
for Disease Control, as well as Occupational Safety and Health Administration regulations, to which the
City is not subject, but which provide sound guidance on occupational health and safety issues. The
governing state statute is the Texas Government Code Section 607.004, which states:
a) A certified firefighter or other governmental employee who operates an ambulance or who
responds to emergency medical calls is entitled to preventative immunization for any disease to
which the firefighter or other governmental employee may be exposed in performing official
duties and for which immunization is possible; and
b) The employee and any member of the employee's immediate family are entitled to vaccination
for a contagious disease to which the employee is exposed during the course of employment; and
c) The employing governmental entity may satisfy the requirements of this section by:
• Providing the immunization or vaccination without charge; or
• Reimbursing the employee for any necessary and reasonable expenses incurred by the
employee for the immunization or vaccination.
The City currently provides immunizations for Hepatitis B to Police Department, Fire Department, and
other City workers who are at risk of contracting the disease (some or all employees in the
Transportation and Public Works Department and Sewer Field Operations).
For several years, the City has also provided immunizations against influenza for the same groupings of City
employees who have the potential for exposure. In 2002, the City began offering flu shots to all City employees,
in order to decrease employee absenteeism due to influenza and upper respiratory infection, and to reduce the
impact of flu-related illnesses on delivery of City services. Such preventive vaccinations/immunizations are
funded in the City's occupational health budget by the Human Resources Department.
City of Fort Worth, Texas
"ayor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
4/8/03 **C-19534 14VAC 1 2 of 3
SUBJECT PROVISION OF HEPATITIS A VACCINATIONS FOR FIREFIGHTERS, POLICE
OFFICERS AND OTHER AT-RISK EMPLOYEE GROUPS
In reviewing the statutory requirements, and in light of homeland security issues and the potential for
biological warfare, staff is recommending a more proactive approach to immunization of employees to
ensure their safety and ability to continue to provide essential City services. More specifically, staff is
recommending that Hepatitis A vaccinations be offered to the employee groups "at risk," that is, those
who have the potential for exposure.
Hepatitis A is transmitted from person to person via fecal-oral contact. Risk factors for Hepatitis A
include foreign travel to high-prevalence countries, men who have sex with men, and drug use.
Firefighters are considered to be at significant risk for the disease because of their role as first
responders in the event of a medical emergency. Police officers are also at risk because of their
frequent contact with high risk populations, such as drug users.
Other City department employees at risk for the disease include:
• Employees in Sewer Field Operations; and
• Employees in the Transportation and Public Works Department and the Parks and Community
Services Department who perform clean-up duties in areas frequented by drug users or other
high risk populations; and
• Employees in the Parks and Community Services Department who work in community centers; and
• Employees in the Development Department who perform plumbing inspections; and
• Employees in the Public Health Department who provide health services; and
• Employees in the Public Events Department and Public Health's Animal Control Division who
work with animals; and
• Employees in the Equipment Services Department who perform clean-up of vehicles
confiscated by drug dealers.
Staff contacted five medical providers to obtain information concerning their costs to provide Hepatitis A
vaccinations. The prices ranged from $35 to $75/per shot, with Tarrant County offering the lowest price of
$35.
While this vaccination will be available for all affected employees, it is anticipated that many employees
to whom it is offered will not get the shots. If all do receive the shot for FY2002-2003, the estimated
expenditure with Tarrant County for providing this vaccination to affected employees is $212,800. It is
anticipated that in future years the annual cost would decrease to approximately $7,000 as the
vaccination would be provided to new employees, and to current employees on an as-needed basis.
This need would be determined by the results of a test for Hepatitis A antibodies in the blood.
Tarrant County does not provide testing for Hepatitis A antibodies in the blood. This testing is required
to ensure that the immunizations have provided immunity to the disease and is available from
Concentra Health Services, Inc. at $19 per titer, which was the lowest price of four medical providers
who could provide the titer test for all immunized employees.
City of Fort Worth, Texas
IV Ayor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
4/8/03 **C-19534 14VAC 1 3 of 3
SUBJECT PROVISION OF HEPATITIS A VACCINATIONS FOR FIREFIGHTERS, POLICE
OFFICERS AND OTHER AT-RISK EMPLOYEE GROUPS
If all affected employees receive the Hepatitis A immunizations for FY2002-2003, the estimated
expenditure with Concentra Health Services, Inc. for providing the test for Hepatits A antibodies in the
blood to affected employees is $57,600. It is anticipated that in future years the annual cost would
decrease to approximately $380 as the test for Hepatitis A antibodies would be provided only to new
employees.
The total cost for providing the Hepatitis A shots and the titer for FY2002-2003, if all affected employees
(approximately 3,863) receive the immunizations, is $270,400:
Immunizations (Tarrant County) $212,800
Titer test (Concentra Health Services, Inc.) 57,600
Total $270,400
Staff is proposing to fund this expenditure from the reserve balance of the Workers' Compensation
Fund.
Projected Fund Balance as of September 30, 2003: $ 3,862,352
Hepatitis A Vaccination Expenditure ($ 270,400)
Revised Projected Fund Balance as of September 30, 2003 $3,591,952
The anticipated fund balance will be sufficient to provide funding for catastrophic occupational injuries.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be
available in the current operating budget, as appropriated, of the Worker's Compensation Fund.
BG:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
(3) FE73 539120 0147310 $270,400.00
Bridgette Garrett(Acting) 6183
Originating Department Head:
Linda Cobb 7783 (from) APPROVED 04/08/03
(1 &2) FE73 539120 0147310 $270,400.00 ORDS 15512
Additional Information Contact:
Linda Cobb 7783