HomeMy WebLinkAboutContract 33532 -3� Contract No.
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 Joe Paniagua, 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 County provides Sexually Transmitted Disease Clinical Services to the
citizens of the City also called "STD" control services; and
WHEREAS, the City believes these services directly benefit the public health and
welfare of its citizens and the City does not currently offer these services; and
WHEREAS, the City wishes to contribute monetarily to this program offered by the
County to help ensure that the program's benefits continue for its citizens through this fiscal
year; 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.
Puroose
The purpose of this Interlocal Agreement ("Agreement") is to allow the City to contribute
to the operation of the Sexually Transmitted Disease Clinical Services offered by the County to
the citizens of the City to help ensure the preservation of public health and welfare. g &
Pagel of5
05-2'4-06 A09 : 18 IN FT.
2.
Term
The term of this Agreement is for a period commencing October 1, 2005, and ending
September 30,2006.
3.
Services Provided by County
County shall provide Sexually Transmitted Disease Clinical Services to the citizens of the
City. County agrees to comply with all laws and regulations required for the provision of
Sexually Transmitted Disease Clinical Services.
4.
Medical Records
County agrees to comply with all laws and regulations in the maintenance of any and all
patient records and to maintain the confidentiality of the Sexually Transmitted Disease Clinical
Services records in accordance with state and federal law.
5.
Compensation
As fair compensation for the services provided by County pursuant to this Agreement:
A. City shall pay County eighty-five thousand dollars and no cents ($85,002.00) 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(d)(3), the amount due
County under subparagraph A. above shall be paid from revenues currently available to
City in the present fiscal year.
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 the same.
City shall have no right to exercise any control over or to supervise or regulate County personnel
in any way. The doctrine of Respondeat Superior shall not apply as between the parties, and
nothing herein shall be construed as creating a partnership or joint enterprise between the parties.
Page 2 of
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.
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.
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.
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.
Entiretv
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.
Page 3 of v� �•;c=:iC� J�
R WORTH, TEK.
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.
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.
Authority
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.
CITZOFF RTW TARRANT COUNTY
Joe P i gu Tom Vandergriff r—
Assist t Cit anager County Judge
Date: f e-po0'6 Date:
APPROVED AS TO FORM APPROVED AS TO FORM
Assistant City Attorney Assi9fant rict Attorney
Page 4 of 5 r
Cliff
Signature Page for STD Interlocal Agreement with County 2005-06
ATTEST:
f'�A CRL20050714v1
City Secretary /�
l �� I '
Ccr:tracu Authorization
W
- -90I
Date
Page 5 of 5 ��lW� WON
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/28/2006
DATE: Tuesday, March 28, 2006
LOG NAME: 50STDCONTRACT REFERENCE NO.: **C-21371
SUBJECT:
Authorize Execution of an Interlocal Agreement Renewal with Tarrant County to Continue the
Provision of Sexually-Transmitted Disease (STD) Clinical Services for Fiscal Year 2005-2006
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement
renewal with Tarrant County to continue the provision of STD clinical services in Fort Worth for an amended
amount not to exceed $85,002.
DISCUSSION:
In 1997, the City transferred responsibility for operating public health disease control clinics to Tarrant
County by mutual agreement of the City Council and the Tarrant County Commissioners Court. This
agreement included STD clinical services. Due to the fact that other disease control clinical services were
primarily grant-funded through the state and federal governments, while STD clinical services were locally-
funded, the City agreed to provide financial assistance to partially offset the costs of these services for a
transition period of unspecified length. The financial support provided during Fiscal Years 1998 through
2005 totaled $170,004 annually.
A two-year phase-out of this agreement is proposed for the following reasons:
1. No other municipality within Tarrant County contributes funding in support of Tarrant County Public
Health Department services, including STD clinical services, within their jurisdictions.
2. Subsidizing medical care is not consistent with the City of Fort Worth's mission or public health
philosophy.
The phase-out began during Fiscal Year 2005-2006, with financial support reduced by half of the original
agreement ($85,002). The financial support would be discontinued at the end of Fiscal Year 2006-
2007. Notice of the City's intent to phase-out this agreement was provided to Tarrant County in March,
2005.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated in
the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/31/2006
Page 2 of 2
GG01 539120 0501000 $85,002.00
Submitted for City Manager's Office b Joe Paniagua (6191)
Originating Department Head: Daniel Reimer (7201)
Additional Information Contact: Evelyn Brown (7202)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/31/2006