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HomeMy WebLinkAboutHealth Svcs Contract FY2004 SEP 2 2 2003 DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION BETTY CULBREATH DIRECTOR ZACHARY THOMPSON DEPUTY DIRECTOR September 16, 2003 Honorable Harold Peek Mayor of the City of University Park 3800 University Boulevard Dallas, TX 75205 Dear Mayor Peek: Enclosed please find the FY'04 contract for Health Services between your city and the Dallas County Health and Human Services Department. The contract cost is based on the FY'03 contract amount. Please present this contract to your city council for their approval and return both signed copies to Dallas County Health and Human Services Department. If our services are required in presenting the agreement to ~our council, we will be more than happy to assist you. Also enclosed is a copy of the FY'04 Exhibits A, B, C, and D. Should you have any questions, please feel free to contact Denise Cherry at (214)819-2104. Thank you for your cominued support for quality health care for the citizens of Dallas County. Sincerely, Deputy Director enclosures xc: Betty J. Culbreath, Director, HI-IS Ganesh Shivaramaiyer, Assistant Director of Finance, Budgets and Contracts Dr. Karine Lancaster, Health Authority/Medical Director, HHS 2377 N. Stemmons Freeway Suite 644 LB-16 Dallas, Texas 75207-2710 Office (214) 819-2100 FAX (214) 819-2107 THE STATE OF TEXAS COUNTY OF DALLAS AGREEMENT BETWEEN DALLAS COUNTY, ON BEHALF OF DALLAS COUNTY HEALTH AND HUMAN SERVICES, AND "CITY" 1. PARTIES Whereas, Dallas County ("County") has offered to provide certain health services to the various cities throughout Dallas County on a contract for services basis; and Whereas, the City of University Park ("City") desires to participate with County in establishing coordinated health services for City and all of Dallas County; and Whereas, County will operate certain health services for the residents of City in order to promote the effectiveness of local public health programs; and Whereas, the cooperative effort will allow all cities in Dallas County to participate in providing public health services for their residents under the terms of this Agreement. Nowtherefore, County, on behalf of Dallas County Health and Human Services ("DCHHS"), enters into an Agreement with City, pursuant to the authority of the Texas Government Code Chapter 771, the Interagency Cooperation Act, for and in consideration of the foregoing and the terms and conditions hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 2. HEALTH SERVICES TO BE PERFORMED County agrees to operate the Dallas County Health Services Program ("Program"), which will include the following health services: 1) Tuberculosis Control Services: providing preventive, diagnostic treatment, and epidemiologic services; 2) Sexually Transmitted Disease Control Services: consisting of education to motivate people to use preventive measures and to seek early treatment, prophylaxis, epidemiologic investigation, and counseling in accordance with County policy; 3) Communicable Disease Control Services: providing information concerning immunization and communicable diseases and coordinating with the Texas Department of Health in monitoring communicable diseases; 4) Laboratory Services: performing chemical, biological, and bacteriological analysis and tests on which are based diagnosis of disease, effectiveness of treatment, the quality of the environment, the safety of substance for human consumption, and the control of communicable disease; 1 County agrees to provide to City, as mandated by state and federal law, the following public health services: 1) Immunizations; 2) Child health care; 3) High risk infant case management; and 4) Home visits. County also agrees to work with City in order to decentralize clinics and to plan and provide for desired services by City; however, any other services that City requires, in addition to the above mentioned services, may result in additional fees to City. County agrees to charge a sliding fee based on ability to pay to all residents of every City in Dallas County. The fees charged by County for the services listed in Paragraph 2A Sections I through 4 above will be used to offset the contracting City's Program costs in the upcoming fiscal year. A schedule of fees to be charged by County is set out in "Exhibit A" attached hereto and incorporated herein for all purposes. County agrees that the level of service provided in the Program for City will not be diminished below the level of service provided to City for the same services in the prior fiscal year except as indicated in Paragraph 2E of this Agreement. For purposes of Paragraph 2E, level of service is measured by the number of patient visits and number of specimens examined. County will submit to City a monthly statement which will also include the number of patient visits and number of specimens examined during the preceding month. The possibility exists of reductions in state and federal funding to the Program that could result in curtailment of services if not subsidized at the local level. County will notify City in writing of the amount of reduction and the extent to which services will be curtailed as a result. The notice will also include an amount which City may elect to pay to maintain the original level of services. City will notify County in writing no later than fourteen (14) days of the date of the notice of funding reduction as to City's decision to pay the requested amount or to accept the curtailment of service. If City elects to pay the requested amount, payment is due no later than forty five (45) days after the date of the notice of funding reduction. 3. BUDGET County agrees to submit to City by July of each year a proposed budget describing the proposed level of services for the next fiscal year; For the term of this Agreement (fiscal year) County agrees to operate the services listed in Paragraph 2 at the level of services and for the amount stated on Exhibit D; which is attached hereto and incorporated herein for all purposes; City shall pay to County for the term of this Agreement (fiscal year) the amount stated in Exhibit D, $48, which is the agreed upon amount of City's share of the total cost less federal and state funding. In lieu of paying the actual dollar amount stated in this Agreement, City has the option of making a request to negotiate for in-kind services that are equal in value to the total amount. This Agreement is contingent upon City's appropriation of funds for the services set forth herein. In the event City fails to appropriate such funds, neither City nor County shall incur any obligations under this Agreement. 4. ASSURANCES Ao County shall operate and supervise the Program. Nothing in this Agreement shall be construed to restrict the authority of City over its health programs or environmental health programs or to limit the operations or services of those programs. City agrees to provide to County or assist County in procuring adequate facilities to be used for public health programs. These facilities must have adequate space, waiting areas, heating, air conditioning, lighting, and telephones. None of the costs and maintenance expenses associated with these facilities shall be the responsibility of County and County shall not be liable to City or any third party for the condition of the facilities, including any premises defects. City and County agree that other cities may join the Program by entering into an agreement with County that contains the same basic terms and conditions as this Agreement. 5. FINANCING OF SERVICES A. The health services provided under this Agreement will be financed as follows: 1) City and County will make available to the Program all federal and state funds, personnel, and equipment previously used by City or County to provide the health services included under this Agreement and will use best efforts to cause these funds to continue to increase. 2) City shall pay to County, or provide in-kind services, its share of budgeted costs that are in excess of the federal and state funding for providing the health services under this Agreement. Budgeted costs are those reflected in Exhibit D for the appropriate fiscal year. County shall bill City each month an amount equal to one-twelfth (1/12) of its share of annual budgeted costs that exceed federal and state funding for the expenses of the preceding month. Any payment not made within thirty (30) days of its due date shall bear interest in accordance with Chapter 2251 of the Texas Government Code. 3 Do City and County agree that no more than ten percent (10%) of the City's cost of participating in the Program will be used for administration of the Program. All payments for the performance of services under this Agreement shall be paid from current revenues available to the City. 6. TERM This Agreement shall be effective from October 1, 2003 through September 30, 2004, unless otherwise stated in this Agreement. 7. TERMINATION Without Cause: This Agreement may be terminated in writing, without cause, by either party upon thirty (30) days prior written notice to the other party. With Cause: The County reserves the right to terminate the Agreement immediately, in whole or in part, at its sole discretion, for the following reasons: 1) Lack of, or reduction in, funding or resources; 2) Non-performance; 3) City's improper, misuse or inept use of funds or resources; 4) City's failure to comply with the terms and provisions of this Agreement; and/or City's submission of data, statements and/or reports that are incorrect, incomplete and/or false in any way. 8. INDEMNIFICATION County and City agree that each shall be responsible for its own negligent acts or omissions or other tortious conduct in the course of performance of this Agreement, without waiving any sovereign immunity available to County or City under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. 9. INSURANCE City agrees that it will at all times during the term of this Agreement maintain in full force and effect self-insurance to the extent permitted by applicable law under a plan of self-insurance that is also maintained in accordance with sound accounting practices. It is expressly agreed that City will be solely responsible for all cost of such insurance; any and all deductible amounts in any policy; and in the event that the insurance company should deny coverage. It is the intent of these provisions that insurance cover all cost allowed by Texas law so that County will not sustain any expense, cost, liability or financial risk as a result of the performance of services under this Agreement. Minimum insurance is a condition precedent to any work performed under this Agreement and for the entire term of this Agreement, including any renewals or extensions. 10. ACCESS TO RECORDS RELEVANT TO PROGRAM City and County agree to provide to the other upon request, copies of the books and records relating to the Program. City and County further agree to give City and County health officials access to all Program activities. 11. NOTICE Any notice to be given under this Agreement shall be deemed to have been given if reduced to writing and delivered in person or mailed by overnight or Registered Mail, postage pre-paid, to the party who is to receive such notice, demand or request at the addresses set forth below. Such notice, demand or request shall be deemed to have been given three (3) days subsequent to the date it was so delivered or mailed. Betty Culbreath, Director Dallas County Health & Human Services 2377 N. Stemmons Freeway, LB 12 Dallas, TX 75207-2710 City Manager City of University Park 3800 University Boulevard Dallas, TX 75205 12. SOVEREIGN IMMUNITY This Agreement is expressly made subject to County's and City's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the parties or the County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. 13. COMPLIANCE WITH LAWS AND VENUE In providing services required by this Agreement, City must observe and comply with all licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable federal, State, and local statutes, ordinances, rules, and regulations. This Agreement shall be governed by Texas law and exclusive venue shall lie in Dallas County, Texas. 14. AMENDMENTS AND CHANGES IN THE LAW No modification, amendment, novation, renewal or other alteration of this Agreement shall be effective unless mutually agreed upon in writing and executed by the parties hereto. Any alteration, addition or deletion to the terms of this Agreement which are required by changes in federal or State law are automatically incorporated herein without written amendment to this Agreement and shall be effective on the date designated by said law. 15. ENTIRE AGREEMENT This Agreement, including all Exhibits and attachments, constitutes the entire agreement between the parties hereto and supersedes any other agreement concerning the subject matter of this transaction, whether oral or written. 16. BINDING EFFECT This Agreement and the respective rights and obligations of the parties hereto shall inure to the benefit and be binding upon the successors and assigns of the parties hereto, as well as the parties themselves. 17. GOVERNMENT FUNDED PROJECT If Agreement is funded in part by either the State of Texas or the federal government, the City agrees to timely comply without additional cost or expense to County, unless otherwise specified herein, to any statute, rule, regulation, grant, contract provision or other State or federal law, rule, regulation, or other similar restriction that imposes additional or greater requirements than stated herein and that is directly applicable to the services rendered under the terms of this Agreement. 18. DEFAULT/CUMULATIVE RIGHTS/MITIGATION It is not a waiver of default if the non-defaulting party fails to immediately declare a default or delays in taking any action. The rights and remedies provided by this Agreement are cumulative, and either party's use of any right or remedy will not preclude or waive its right to use any other remedy. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance or otherwise. City has a duty to mitigate damages. 19. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of the County under this Agreement is expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. City shall have no right of action against County in the event County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, County, at its sole discretion, may provide funds from a separate source or may terminate this Agreement by written notice to City at the earliest possible time prior to the end of its fiscal year. 20. COUNTERPARTS, NUMBER/GENDER AND HEADINGS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Words of any gender used in this Agreement shall be held and construed to include any other gender any words in the singular shall include the plural and vice versa, unless the context clearly requires otherwise. Headings herein are for the convenience of reference only and shall not be considered in any interpretation of this Agreement. 21. PREVENTION OF FRAUD AND ABUSE City shall establish, maintain and utilize internal management procedures sufficient to provide for the proper, effective management of all activities funded under this Agreement. Any known or suspected incident of fraud or program abuse involving City's employees or agents shall be reported immediately by the County to the Office of the Inspector General for appropriate action. Moreover, City warrants to be not listed on a local, county, State or federal consolidated list of debarred, suspended and ineligible contractors and grantees. City and County agree that every person who, as part of their employment, receives, disburses, handles or has access to funds collected pursuant to this Agreement does not participate in accounting or operating functions that would permit them to conceal accounting records and the misuse of said funds. City shall, upon notice by County, refund expenditures of the City that are contrary to this Agreement and deemed inappropriate by the County. 22. AGENCY / INDEPENDENT CONTRACTOR City, including its agent(s), Student(s) or employee(s), is an independent contractor and not an agent, servant, joint enterprise or employee of the County, and is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of work covered under this Agreement. 23. SEVERABILITY If any provision of this Agreement is construed to be illegal or invalid, this will not affect the legality or validity of any of the other provisions in this Agreement. The illegal or invalid provision will be deemed stricken and deleted, but all other provisions shall continue and be given effect as if the illegal or invalid provisions had never been incorporated. 24. SIGNATORY WARRANTY The person or persons signing and executing this Agreement on behalf of City, or representing themselves as signing and executing this Agreement on behalf of City, do hereby warrant and guarantee that he, she or they have been duly authorized by City to execute this Agreement on behalf of City and to validly and legally bind City to all terms, performances and provisions herein set forth. The City of has executed this Agreement pursuant to duly authorized City Council Resolution No. , dated ,200 The County of Dallas has executed this Agreement pursuant to Commissioners Court Order No. 2003 1684, on this 16th day of September, 2003. 7 Executed this day of 200 COUNTY: CITY: By: Margaret Keliher Dallas County Judge By: Mayor RECOMMENDED: By: City Secretary By: Betty Culbreath Director, DCHHS APPROVED AS TO FORM: By: Janet R. Ferguson Chief, Civil Division Assistant District Attorney By: City Attorney SEXUALLY TRANSMITTED Treatment Blood Drawing Cryosurgery (F) Cryosurgery (M) Chemical Lesion Reduction Medical Records Copies TUBERCULOSIS Clinic Treatment Chest X-Rays LABORATORY Wet Prep Gram Stain GC Culture RPR GEN Probe GC Screen GEN Probe CT Screen Salmonella/Shigella TB Culture & Concentration TB Identification TB Susceptibility TB Acid Fast Stain NURSING SERVICE Hepatitis A Havrix Hepatitis B Vaccine HDCV (IM) Rabies HDCV (ID) Rabies Japanese Encephalitis Menegococcal Vaccine Typhoid (Polysaccharide) Varivax Yellow Fever Vaccine Lyme Disease Vaccine Twinrix Rabies Administrate Fee/ Serves State Vaccine Foreign Travel Office Visit Fee ENVIRONMENTAL HEALTH Septic Tank Inspection Septic Tank Re-inspection Food Establishment Inspection Half-Way Houses & Boarding Homes, Residential Mosquito Spraying for Non- contracting cities Water Sample FY'2004 FEE SCHEDULE EXHIBIT A CRIMINAL TESTING $20 - $45 (Sliding Scale) $5 $60 $50 $45 $5 each Blood Draws Buccal Swabs Sliding Fee Scale -Minimum $40 $45 Skin Test Chest X-Ray Copies $6 each $6 each $14 each $11 each $23 each $23 each $16 each $25 each $15 each $31 each $ 8 each Pregnancy Test Urinalysis Dark Field Chancroid Culture Herpes HIV Test Group A Strep LCx Urine Screen Neisseria Gonorrhoeae Chlamydia Trachomatis Lead Screen $40/lnjection $150/series $390/series $270/series $255/sefies $85/lnjection $60/Injection $70/Injection $85/lnjection $240/Series $60/Injection $25 $25 lmmunization/VFC Program: DPT,DT, Hib, Diabetic Testing Pneumococcal Influenza Vaccine MMR TD IPV EPSDT Well Baby Records: Foreign Travel Yellow Card Immunization Record *$260/Commercial/Business *$21 O/Residential $25/Residential $75/Commercial $150/yr./establishment $75/plus $25 for each additional unit on site $185/per hour S35 Day Care Center Inspections Temporary Food Permit Funeral Home Inspection FHA, VA, Conventional Loans Annual Group Home Inspection Food Handler Class Sub-division Plat Approval Animal Control/Quarantine Animal Control/Vicious Animal $38 $38 $15 $5 $15 each $15 each $16 each $!0 each $38 each $15 each $14 each $47 each $47 each $10 each $5/Per child $5/Test $30/Injection $15/Injection $50/lnjection $25/Injection $40/lnjection $40/Screen $5/Visit $3 each $5 each $2/per authorized child $50/plus $5 per day $150 $100/Licensed $125/Unlicensed $50 $1 O/per person $200/Residential $150/Commercial $7/per day $12/per day * $10 of the charge is for State fee Revised 09/03/03 MUNICIPALITY REPORT PERIOD: "' TB January, 2002 thru December, 2002 STD LAB EXHIBIT B COMMUNICABLE DISEASE Addison 179 80 280 Balch Springs 372 84 268 Carrollton 913 150 1930 Cedar Hill 178 135 296 Cockrell Hill 581 2 0 Coppefl 364 20 37 Dallas 43335 12837 70350 Desoto 206 158 303 Duncanville 332 155 952 Farmers Branch 328 61 1201 Garland 2924 617 5063 Glenn Heights 59 36 25 Grand Prairie 1649 402 2685 Highland Park 0 0 0 Hutchins 2 23 113 Irving' 2183 741 5009 Lancaster 145 267 1596 Mesquite 1645 314 2827 Richardson 836 148 1543 Rowlett 225 38 146 Sachse 314 11 2 Seagoville 196 36 168 Sunnyvale 0 0 0 University Park 0 0 0 Wilmer 2 25 2465 Out of County 306 803 3148 Total 57274 17143 '100407 127 171 893 287 62 295 23142 299 366 288 1918 32 1070 52 24 2054 347 1118 815 434 56 110 27 8 4O 4925 38960 June 26,2003 0 T X Iml rolm >- I-- Z 0 ,,~ (D 8 MUNICIPALITIES FY'04 CONTRACT COSTS EXHIBIT D CONTRACT COST ADDISON BALCH SPRINGS CARROLLTON' CEDAR HILL COCKRELL HILL COPPELL DALLAS DESOTO DUNCANVILLE FARMERS BRANCH GARLAND GLENN HEIGHTS GRAND PRAIRIE HIGHLAND PARK HUTCHINS IRVING LANCASTER MESQUITE RICHARDSON ROWLETT SACHSE SEAGOVILLE SUNNYVALE UNIVERSITY PARK WILMER UNINCORPORATED TOTAL $5,751 $9,377 $23,823 $2,498 $2,301 $3,131 $1,754,252 $17,620 $11,273 $14,853 $80,156 $574- $38,854 $132 $3,149 $81,906 $12,106 $31,608 $23,756 $4,925 $362 $7,620 $99 $48 $2,597 $77,142 $2,209,913 *NON-CONTRACTING CITIES July 14, 2003