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
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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