HomeMy WebLinkAboutContract 28675 (2)�l';-'i 6 a •- .-• � �,�„ �
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THE CITY OF FQRT WQRTH PIIBLIC HEALTH DEPARTMENT
MEMORANDUM OF UNDERSTANDING
WHEREAS xhe searvices af a Health Authority are required for the operation of
the City ��Fort Warih Public Health Department;
WHEREAS Dr. Brian Rogers, D.O. has a.greed to serve as the Cifiy of Fort
Worth's Health Autharity.
The City of Fort Worth in behalf of the Public Health Department, hereinafter
referred to as "City" aa�d Dr. Brian Rogers, D.O., hereinafter referred to as "Health
Autharit�' have agreed to the following terms:
1. The Health Authority agrees to perfor�n the duties imposed by �tate law under the
Healih and Safety Code section 121.024, aitached hereto as "Exhibit A", wbich is
heraby incorporated as a part of this Agreement as if it wer� set farth at lengtl�
2. The Health Authority agirees to perform the duties desi�ma�ed by the City of Fort
Worth for emergenc� pez'sannel expased to cammunicable diseases, attached hereto
as "Exhibit B", wkuch is hereby incorparated as a part of this Agreement as if it were
set farth at length.
3. The Health Authority shall ta.ke the ofiicial oath of offic� as ;required by the Health
and Safety Code, Section 121.022(b}(1) and shall file a copy of �lie aath and this
appointmeni with the Tex�.s Board of Health.
4. The Health Authority warrants that he can perform the services pravided for in this
agreement and that ihe services will be perfortned in the highest professional
standard�.
5. As compensation fnr services rendered under t�is memorandum, City shall pay
Health Authority one thousand dollars ($1,000) per month.
6. The term of this agreement shall cammence on or abaut Ap�ril 1, 2003 �or twa years,
unless sooner ternvnated by eiiher party.
7. Termination of this agreement without cause may be by either party with thirty (30)
days written notice. Sa.id terminaiion notice shalI be consic�ered to be rendered by the
postmaxk date stamped by United States Postal Service for delivery to the other �ar�y,
Upon termination, the parties shall be released from alI obligations contained in this
agreement.
8. All notices, requests, demands and other comm�nications under this agreement which
are required to be in writing shall be deemed as having been duly given on the date of
service, if served personally on the pariy to whom notice is to be givenrt �e��{�.�- -
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of mailing, if mailed to the party to whom notice is to be given, by first class mail,
registered or certified, postage prepaid and properly addressed as follows:
"City" Daniel B. Reimer, Director
City of �ort Worth Public Health Department
180Q Univ�ersity Drive, S�ite 232
Fort Worth, Te�as 76147
"Health Authority" Brian B. Rogers, D.O.
Occupatianal Fitness and Trauma Center
1014 North Nolan River Road
Cleburne, Texas 76�33
9. The Health Authority shall comply with all federal, state and local laws, ordinances,
rules and regulations applicable ta the performance of work under this agreement.
10. This agreement shall be const�rued in accorda�n.ce with the laws of the State of Texas.
Exclusive venue for any lawsuits or action of law or in equity arising hereunc�er shall
be in Tarrant County, Te�as.
"Health Authority"
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Dr. Brian B. Rogers, Q� Date
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Con�ract 1�utl�o�i��tioa�
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Date
"Cit�"
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�ibby W�'t�n ate
Assistant City Manager
Approved as to Form
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Assi�tant i�Aitorne
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SU�C�g'I'�R � . H�iLTf�i ALTT�XO��TgES
� �21.02�.. l�ealth Authari�y
A hea.�th author�ty is a physician appointed uncier the
provisions of this chapter to administer state and lo�al
laws relating �o public hc�al�h �nr�thin �he appointing bocly' s
7urisdic�ion.
Acts 1989, 71st Leg., ch. 678, � l, eff. Sept. 1, 1989.
Ainended by Acts 1991, 72nd Leg., ch. 118, � 2, eff. �ept. �,
1991.
� 12�.022. gua1i��.catfans
(a) A h�alth authority mus� be:
(1) a competen� physician wi�h a rep�xtabl� pro�Cessional
standa.x�g who is ].egally qual.i�ied to practice rr►edicin� in
this �tate; and
(2) a resident af this state.
(b) To be qualified to serve as a health authoza.ty, the
appointce mus�:
{1) �ake and subscribe to the official oath; and
(2j fi�.e a copy of the oath and appo�ntment with the board.
Ac�� ].989, 71st Leg., ch. 678, � 1, ef�. Sept. 1, 1989.
� �21. a23. Terr� o� O�fic€�
�
A health autharity serves for a term o� �wo y�ars and may be
appointed to successive terms.
Acts 19$9, 71st Leg., ch. 67$, � 1, eff. Sep�. l, �9$9.
� 121.02�. I]'saties
� (a) A h�a1�h authority is a state officer when pe�forming
; duties p�escri.bed by state 1aw.,
j (b) A heal.�h authority sha11 pc�rform each d�ty that a.s :
(�) necessary to i.rnpJ.ezne�� a�d enfo�ce a 1aw to protect the
public health; ar
� {2) presczibed by �he board.
;.
II
{cy The duties o� a health autharity include:
{L) establishing, maintaining, and enforc�ng quarantine in
the health authoxity'� jurisdiction;
(2) aiding �he board in rela�ion to local quarantine,
�nspection, disease preven�ian and s�ppression, birth and
death statistics, and general sanitation in the health
au�hority's jurisdiction;
(3) repo�t��g the p�esenc� o� contagious, infectious, and
dangerous epidemic diseases �n �he heal�h autharity's
ju�isdiction to the board in the mannez and at the times
prescribed by �he board;
(4) repo�ting to the board on any subject on wh�ch it is
praper fox the baard to di�ect �hat a report be made; and
(5} aiding the baard in �he en�orcem�nt of the following in
ihe health auihority's jurisdiction:
(A) proper rules, rec�irements, and ordznances;
(B) sanitation 1aws;
{C) quarantine rules; and
�(D} vital statistics col�ections.
Acts 1989, 71st Leg., ch. 678, � 1, eff. Sept. 1, 1989.
� �2�.0��. Removal ��a� Of�i�e
A hea�th authority may be r�mov�d from office �o� cause
under the persannel pzocedu�es applicable to the heads of
departments of the local govexnment that the hea�th
authori�y serves.
Acts 1989, 71sti Leg., ch. 678, § 1, ef�. �ept. 1, 1989.
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City of Fort Worth's Proce�ures for Emergency Persannel's
Possible Exposure to Comm�nicabie Dis�ase
Emergency Personne�'s Designafe� Contact Person:
Pol�ce Department: Marty Humphrey or her designee at telephone number $77-8057;
pager numb�r 998-0880
Fire Department. Capt. Jirn Sowd�r ar his designee at telep�one number 871-8753;
mobile number 999-7953
MarshaPs Office: Marshal Ronald Babcock or his designee at telep�one number
871-6739
Assistant Cifiy Attorney: Chris#a Lopez at telephone n�mber 871-8984
City Healtl� Authority Dr. Brian Ragers 817-517-7151; mobile r�umber 821-0681; home
number 817-5�7-2247
Occupational Health
& Safiety; William Arms�rong, 817-871-84�4; mobife number 817-269-8635
1. Possible Exposufe
2. Officerlexpased wo�-ker fills ouf Affida�it form.
3, Written notice of the exposure is given to the hospital. This r�otice should include:
(a) name of fihe emergenc� medical service empfoyee, peac� officer or �re fighter;
(b) dat� af the expos�are;
(c} the circumstances ofi the expasure; and
(d) telephone number of the con#act person if more informatior� i� needed.
4. Attempt #o obtain sour�ce's consent for testing.
Source Cons�nfs Procedures:
1.
2.
3.
4.
5.
.
7.
Ask source ta sign consent form.
Ma�ce sure the form is signed by a ihird party witness.
Calf EMS 99 at 817-994-0875 and have them en route to the scene.
EMS �99 will call the Ci�y Health Authority and let him know helshe is responding to an
exposure. �
Ask hospital to draw blood and rtar� a fuli range of bloodborne pathogens--HIV, HepC,
Hep B, and RPR. Ask the hospital �o use the rapid HIV tesf if avaifable.
Ask hospital to test bload. ff hospital refuses to test the blood, ask that art EMS 99
paramedic come to �he scene to fransport the bload to the Qcc�pationaf Health
Provicier for the City of Fort Worth for testing. The paramedic must establist� a chain
af custody unti! the blood is delivered to the labora�ory.
if �he source is not being taken to �he hospital, and tf�� source signs a consent form at
the scen� a�thorizing the paramedic to draw the blood at the scefle, cal[ the abo�e
telephone numbers and ask for an EMS 99 paramedic to come to the scene and draw
the biood. Th� paramedic can draw the source's blood if the saurc� authorizes the
paramedic to draw the blood in the cpnsent form. The paramedic must estaf�fish a
chain of custody untif the blood is delivered to fihe occ�pafional health provider�for the
City of For� Worth or the Hospifal`s laboratory.
8, !f fhe source conser�fis to testing and is in jail, jail person�el or EMS 99 if jail personr�el
at nofi avaifable will draw fhe blood and send the blood ta J:P.S. Haspital for testing.
9. Employee testing, pro�ahylaxis �nd counseling are initiated at the �ospi�al.
10. The hospital or the accupational health pro�ider for the C�fy of �ort Worth should notify
the Departmeni Designee .("Department Designee" means the Texas Department of
Health's Designee as define� in 25 T.A.C. § 97.13(d) for purposes ofi determining
whether a risk of exposure has occurred) of a possible exposure. The designee shall
be ihe City Health Au�hority or his named st�bstitute.
11. The designatec� contact �erson should notify the City Health Authorify if the source will
not co�s�nt �o t�sting and an Administrative Orde� needs #o be issued. The City
Hea�fh Authority will give the approval to seNe the Administra#ive Order, and two
police a�fficers wil! be summoned to fihe source to assist in fhe serving of the Qrder.
12. Once the Healti� Aufihority receives the results of �he tesf, helshe will inform the
exposed employee and Risk Management of fhe r�sults.
Source Does Not Consent to Tesfina --- Mandatory Testinq
1. If the source refuses to eonsent, the ofFicer who spake ta the source should c�ocumenf
this by writing "Refused" or� fhe consent form.
2. The designated contact person should na�ify the City Health Autho�ity if the source w�ll
not consent to testing and an Administra#ive Order needs #o be issued, The City
Health Autho�-ity will gi�e the appro�a� to serve the Adminisfrative Order, and two
pvlice officers will be summoned to the source �o assist in the serving of the Order.
3. lf �he source still refuses, the officers will take the Order to the jail, locate a judge, and
a subpoena will f�e issued to take the blood by fiorce. [No#e: According to ti�e faw, the
source.must have {egal re�resentation far a court order regardir�g blood being taken by
�orce. Legal represen�ation is not necessary for an Admin�strati�e Order.]
4. Contact persan for the depariment needs to sen� the emergency personnel's
comple�ed afFidavit and source refusal ar o#her documen�aiion of source refusal to the
City Health Authority as soon as possible. However, these originals should not remain
with fihe City Heafth Authority; fihe Police or Fire or Marshal's Office should get the
originals back in the event t�e case nee�s to go to court.
5. The City Health Authority makes a cletermination as fio whether there was an exposure
witf�in one hour of receiving the request for the Order for Mandatory Testing.
6. [f the City Health Authority determines fihat an exposure did not occ�ar, the City Health
Authori#y will document fhe basis far his or her opinion and send a capy of tf�e opinion
fio �he cantact persan far the Department that requestec! fihe Order and tf�e Assistant
City Attorney witnin one hour of the rec�ues# for an Order for Mandatory Testir�g.
7. If the Cify Health Authariiy determin�s that an exposure may have occurred, the EMS
99 will be in contact with the City Health Authority, and the decision will be made �o
pro.ceed with the Adminisfrati�e Order within one hour of the request, ordering the
source to t�st for commur�icable disease. The Orders will be prepared, ar�d the
ParamediclEMS 99 will extract the signed Order from the sec�re location in the EMS
�
99 var�. The EMS 99 wi[I then fll in the specifics of the case on the Order, and the
Order is then ready to be served, The City H�alth Authority wif! review the case with
the Paramedic and, if necessary, tell the Paramedic to serve t�e Order. The Order is
then acfii�e and ready to be setved.
8. Capt. Jim Sowder or �is designee wilf either serve the order on the source wi�h a
police officer or ap�oint an EMS 99 paramedic tQ ��nre th� a�der w��h a police officer.
The EMS 99 personnel will have �he proper training befor� this is done.
9. If the Source will consenf to �he testing,
a) the paramedic can draw the source's bloo� at the scene or�ce a consent form
authorizing the paramedic to draw the blood is signed; if the source allows ihe EMS 99
paramedic fio draw the bioa�, the paramedic must estabiish a chain of custody untii the
blood is delivered fo the Occupa#ional Health Provider for the City of Fart Worti� or �
J.P,S. for tes�ing.
b) if the source wants tv be transparted to J.P.S. Haspitai or the Occupa#ional Health
Provider for the City of Fort Worth, the paramedic and police officer will transpart the
source to the hospital or fihe Occ�pational Health Provider for the City of Fork Worth for
�esiing. �
10. lf the Source refuses ta comply w�th fhe order, t�e EMS 99 paramedic will contact the
City Health Authority and the requesting �epartm�nt's contac� person. If the exposed
person is a Police Department employee, Marty Humphrey shoul� be notif�ed at 87i-
8D57 and informed of th� sit�afion.
11. The original Affi�avit and a copy of the Refusal to Test and Order for Mandatory
Testing must be sent to the Assistant City Attorney, or the officers t�at served the
Administrative Order can go �o the jail and locate a judge fhat wilE issue a su�poena for
the blood draw. The Assisiant City A�torney can handle tha remaining refusals to fest
the next business day.
12. The Assistanf City A�torney wi11 hand deliver the refusal, affidavit and copy of the order
to it�e Disiricf Attorney's office on tY�e same day and ask fhat a hearing date be
scheduled as soon as passible.
13. The Assisiant Ci#y Atto�-ney wifl inform the contac� person or his or �er designee about
any additionaf personnel or informatior� needed at the h�aring.
14. Th� Assistant Cify Attorney will contact Capt. Jim Sowder to make sure that at least
one EMS 99 paramedic is present af the hearing to draw �Me source's blood if fihe
Caurt orders Mandatory Tesfiing.
15. Co�a�t Hearing: If the Court does nat order festing, �he Assis�ant City Attorney will talk
to the District A�torney about appealing th� cour�'s decisian.
If the Court orders test�ng, ihe EMS 99 paramedic will ciraw tf�e source's blood at fhe
hearing and establish a chain of cusfody unfiil the bfood is delivered to the labora�ory of
#he Occupational Health Provider �or the City of Fort Worth for testing.
3
���� ����� �� �����
�tatement of Elected/Appointed �ff�cer
(Please type or print 1�gib�y)
T Briax� �. �tngers ,�.0. do solemnly swear {or
aifinm) that I have not directly or indirectly paid, offered, promised to pay, contributed, or
promised ta contribute any money or thing of value, or promised any public� office or
emp�oyment for the giving or withholding o� a vote at the election at which I was eleeted
or as a reward to secure my appointment or confirmation, �vhichever the case may be, so
help me God.
��
_ �
Af�anced Signature '
Brian B. Rogers, D.O.
Printed Name
Health Authority
Position to Which Elected/ApQointed
City of Fort Wo�th
Czty and/or County
��VORN TO and subseribed before �e by affiant on #�is � day of M�Y 20d3 .
s�•-� �/�Yc�-�--s��
� ignature of Persan Authorized to Administer
, ' OathslAf�davit�
��Sealj ' ' , .
, - �,� � s GCJ a /l�. � �
�rinted Name
Notary Public
Title
1'ursuant to Tex. Const, Art. XVT, § 1(b), amended 2001}. Revised by the TDH Office of Public Health Practice,
August 20Q2
���� �� ������
�o�- L�ca� ][�[ea�t�. A�tho����es i� t�e S�ate �f 'I'e��s
Y, srian �. Rage�s, D,o. , do solemnly swear {or
affirm), that I will faithf�lly execute the duties of the office of Flealth Authorzty o�
the State of Texas and will to th� best of my ability, preserve, pratect, and defend
the Constiiutian and laws of the Unit tate and of ' tate, so help me God.
�
fiant
1014 N. No1an River Rd., C1.ebuxne 76033
Maiiin� Address ZIP
(81.7) 5I7-7151
(Area Code) Phone Nurnber
SWORN TO and subscribed before me this /�� day of May , 2Q03 .
!s�-c�a/ �/C/ �c.� c.�
ignature of Person Administering Oath
. C� i� � � �� ��Q � �
(S'��1) Prinfed Nanue
Notary i'�ublic
Title
(See reverse side for instructians)
Revised by the Office af Public Health Practice, February 2002
�er�����.t� �� .��p����rx�.��$
For a
I�mcal I3ea��� Auth�r�ty
�� Daniel B. Reimer , aci�ng in the capacity as.a
(Check the a�propriate designation below)
x Nan-physician and the Local Health Depart�anent Dau�-ectar
. Mayar or Desfgnee
County Judge afDesign.ee
Chairperson of the Pablic Health District
do hereby certify the physician, Brian B. Rogers , D. o. , who is licensed
by the Texas Soard of Medical E�amin�rs, was duly appointed as the Local Health Authority
for �he City o� Far� Wox�h , Texas.
Date term of offce begins April 1 , 2U �3
Date term of affice ends Marcfi 33. ,�0 (35, unless removed by law.
The Loc.a� Health A�thoriiy has been appointed And approved Y�y the:
(Check the apprapriate designatian below}
Director,
x City Cauncil for th� Ci�y' of Fort Worth
���'.yssfo�2rs �a�;r� �a�r
Board of Health for frhe
�a��
Publie Health District
I certiiy to the above information on this the ��`� day of M�Y
,� , ,i, �,
Signature of appoinfing offcial
(See reverse side for instructions)
, 2(p3 .
Revised by the Office of Public Health Practice, February 2002
C'ity o, f�'or� Wo�th, Texrxs
�y�r ��� �c�ur���( ��� +���c�t���
DATE R�FEF2ENCE I�lUMSER LOG NAME PAGE
�I251Q3 **�_� ���� SDR�GERS I 1 af 1
SUBJECT REAPPOINTMENT OF HEALTH AUTHORITY
RECOMMENDATION:
It is r�commended that the City Council reappoint Dr. Brian Rogers, D.O. as Health Authori#y for th�
City af Fart Worth pursuant to #h� Health and 5afety Code, Sections i21.Q21 - 121.0�4.
DfSCUSSION:
Under the Hea1t� and Safety Code, t�� Direcior of the Public Health Department, who is not a
physician, m�st appoint a Healfh Autharity for the jurisdictfon it serves.
A Heait� Authority is a physician, whase d�ties include establishing, mainiaining and enforcing
q�arantine (aws in the Cifiy, reporiing the presence of cnntagiaus, infectious and dangerous epidemic
diseases in the City #� the Texas Baard of Health, and eriforcing sanitation laws, quarantir�e rules and
vitai statistic callectian within the City►. In this capacity, Dr. Brian Rogers has served two two-year terms
since April 1999. He has agreed to cant�nu� to serve as the Gity's Health Avthority for $12,Qa0 per
year from April 1, �p03 thraugh March 3� , 2D05.
As part of this arrangem�nt, Dr. Rogers or his designee will be avail�ble �4 �uours a day, 7�iays a we�k
to any emergency personnel who may be exposed to a contagious disease whife pertorming his ar her
d�aty, to maEte a de�ermi�ation as to whefher mandatory testing for a cantagious disease shauld be
initiated.
FISCAL INFORMATIONICERTIFICATION:
TF�� Finance Director cerki�ies that f�nds are �vaifabYe �n ihe current operafiing budget, as apprapriafed,
of the General Fund.
LW:r
SuNmilfed for City Manager's
Oftice by:
Libby Watson
Originating Department Head:
Daniel Reimer
Additional Informaiioa Contact:
Evelyn Brown
�vivn � accouivT �
(to}
6183
72Q 1 I (from)
CGD1 539120
�
7202 I
CENTER
0501000
I AMOUNT
$12,ODp.QO
CITY SECRETARY
I APPROVED 3/25/03
1
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