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HomeMy WebLinkAboutContract 30002 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 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. ose 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. Page 1 of 5 t:! 2. Term The term of this agreement is for a period commencing October 1, 2003, and ending September 30, 2004. 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: 1101 South Main Street, Suite 2400, Fort Worth, Texas 76104. County shall copy the requested information and send the copy to the location specified in the request within five business days of the request. Page 2 of 5 1: 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, four dollars and no cents ($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(d)(3), 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. B. In the event that County materially breaches this Agreement, County shall return a prorated amount of monies included in Paragraph 5A to City. 1. Page 3 of 5 2 rr��.1AL IE � .m 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. 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. 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. Page 4 of 5 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. Authgdty 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 Wofth, Tarrant County, Texas. CITY OF , RT WORTH, TARRANT COUNTY Libby Watson Tom Vandergriff Assistant City Manager County Judge Date: 5&i Le Date: Q APPROVED AS TO FORM APPROVED AS TO FORM Assistant C y Attorney Assist t D' 'ct Attorney ATTEST: /24t.t- ? CRL2003472103v3 ity SecretaryIrl'w"A WORD - )r.tract authorization Page5of5 '44j�'ti �16 - t e City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/23/2004 DATE: Tuesday, March 23, 2004 LOG NAME: 50DCONTROL REFERENCE NO.: **C-20004 SUBJECT: Authorization to Execute an Interlocal Agreement with Tarrant County to Continue to Provide Disease Control Services for Fiscal Year 2003-2004 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County to continue to provide disease control services for 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. These services include physical examinations, laboratory testing, and medications for sexually transmitted disease (STD) infections. Education and counseling for prevention of STD and HIV infections as well as referrals for other specialized needs are also provided by the County. The City and Tarrant County would like to continue the Interlocal Agreement. The term of this agreement is from October 1, 2003, through September 30, 2004. The Interlocal Agreement provides for: . Tarrant County to continue to assume the sole responsibility to provide 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 . Tarrant County to provide the City with a detailed annual report of services rendered; 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. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0501000 $170.004.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Daniel Reimer (7201) Additional Information Contact: Evelyn Brown (7202) T,opmame- .50T)ff)NTR()1. D- 1 ^r'