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1999-114-JOINT RESOLUTION NO. J-99-002 MEDICAL SERVICES CONTRACT WITH JON K. PLUMMER M.D. RESOLUTION NO. 99-114 JOINT RESOLUTION NO. J-99-002 WHEREAS, the City of Paris and the County of Lamar do jointly, with the State of Texas, provide funding for health services through the Paris-Lamar County Health Department; and, WHEREAS, in the continuing effort to provide the best health care possible, the City of Paris and the County of Lamar are desirous of contracting with Jon K. Plummer, M.D., a physician licensed to practice medicine in the State of Texas, to provide professional medical services and direction to the Paris-Lamar County Health Department; and, WHEREAS, the form of the Medical Services Contract, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager of the City of Paris, Michael E. Malone, and the County Judge of Lamar County, M. Charles Superville, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS AND THE COUNTY COMMISSIONERS OF THE COUNTY OF LAMAR, that the form of the Medical Services Contract with Jon K. Plummer, M.D., attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, and the County Judge of Lamar County, M. Charles Superville, be, and they are hereby, authorized and directed to execute, on behalf of the City of Paris and the County of Lamar, respectively, the Medical Services Contract with Jon K. Plummer, M.D., under the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 13th day of September, 1999. ATTEST: "--",,,<;:~~~ ~~~~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: J s Corley Henderso , Ac ing City Attorney ._~ APPROVED by the Commissioners Court of Lamar County, Texas, by adoption of the above Resolulion on the /I tn day of O:!T~, 1999. amar County Commissioner, Pct 1 H~2 ~/4 Lamar ounty Commiss oner, Pct 3 /l o.Jtt-w-J APPROVED AS TO FORM: J. Kerye Ashmore, County Attorney MEDICAL SERVICES CONTRACT STATE OF TEXAS ) ) COUNTY OF LAMAR ) THIS AGREEMENT, made this 13th day ofSeptembef, 1999, by and among the CITY OF PARIS, PARIS, TEXAS, acting by and through its City Manager, Michael E. Malone, duly authorized, hereinafter called CITY, the COUNTY OF LAMAR, acting by and through its County Judge, M. Chafles Superville, duly authorized, hefeinaftef called COUNTY, the PARIS-LAMAR COUNTY HEALTH DEP AR TMENT, acting by and through Ihe Paris-Lamar County Health Board Chairman, Robert Moseley, D. D. S., duly authorized, hereinafter called HEAL THDEPARTMENT, and JON K. PLUMMER, M.D. whose address is 1110 East Austin, Paris, Texas 75460, hereinafter called PHYSICIAN. WHEREAS, CITY and COUNTY do jointly, with the State ofTexas, provide funding for public health services through the HEALTH DEPARTMENT; and, WHEREAS, the PHYSICIAN is licensed to practice medicine in the State of Texas; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the CITY, COUNTY, HEALTH DEPARTMENT and the PHYSICIAN do hereby contract and agree as follows: 1. TERM That PHYSICIAN is to provide professional medical service and direction to HEALTH DEPARTMENT for the period beginning October 1,1999, and ending September 30, 2000, which shall be the term of the contract. EXHIBIT A Ml.'dlcal Services Contnct - Pille 1 2. PROFESSIONAL SERVICES Professional Services provided shall be part-time medical direction to the HEALTH DEPARTMENT. CITY, COUNTY, or HEAL TH DEPARTMENT shall supply PHYSICIAN with all support personnel, supplies, and equipment reasonably necessary for the proper performance of these duties. 3. PRINCIPAL DUTIES AND RESPONSIBILITIES That PHYSICIAN shall provide medical direction for HEALTH DEPARTMENT's health care activities and consultation for and medical supervision of the health care staff; and, in conjunction with the Nurse Practitioner, PHYSICIAN shall participate and assure participation of other physicians in developing, executing, and periodically reviewing HEALTH DEPARTMENT's written policies and services provided to patients; and, PHYSICIAN shall perform a weekly review often percent (10%) of HEALTH DEPARTMENT's patienl records, provide medical orders, and provide medical care services to patients at the clinic; and, PHYSICIAN shall aSSUfe physician coverage to provide medical direction, medical cafe services, consultation, and supervision; and, PHYSICIAN shall assure availability of a physician through direct telecommunication for consultation, assistance with medical emergencies or patient referral, and for a daily status report; and, PHYSICIAN shall provide an average of ten (10) hours per month medical administrative direction for the Rural Health Clinic during the term of this contract. 4. SALARY That the compensation for said PHYSICIAN for the entire term of this contract will be $25,000.00, payable monthly in twelve equal installments. Medical Services Contl1ld - PIl2t' 1 5. PROFESSIONAL LIABILITY INSURANCE COVERAGE That PHYSICIAN shall obtain and carry, at no cost to CITY, COUNTY, or HEALTH DEPARTMENT, professional liability insurance covering PHYSICIAN's professional conduct and nurse supervision in the minimum amounts of $500,000.00 per occurrence and $1,000,000.00 aggregate, and shall maintain the same in force throughout the term of this contract. 6. NO FAULT CANCELLATION That either party hereto may terminate this contract by giving the other party sixty (60) days notice, in writing, of such intention. In the event that PHYSICIAN is prevented from performing under this contract due to a permanent disability, this contract is canceled and held for naught. 7. BREACH OF CONTRACT That, in the event PHYSICIAN fails to remain a contract provider of the HEALTH DEPARTMENT and provide professional medical services as herein described to and through the HEALTH DEPARTMENT through September 30, 2000, for any reason other than dismissal, disability, or fault of another party to this contract, it shall be deemed a breach of this contract and will immediately obligate him to respond in damages in the amount of $5,000.00 to the HEALTH DEPARTMENT. 8. ATTORNEY'S FEES If any action at law or equity is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which the prevailing party may be entitled. M~iCIII Services Contract. Pal!t! 3 9. GOVERNING LAW That the validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas. Executed at Paris, Texas, on the dates shown in the acknowledgments below. CITY OF PARIS, PARIS, TEXAS By: Michael E. Malone, City Manager ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: James Corley Henderson, Acting City Attorney COUNTY OF LAMAR By: M. Charles Superville, County Judge ATTEST: Kathy Marlowe, County Clerk Medical Services Conlracl - PaRt' 4 APPROVED AS TO FORM: J. Kerye Ashmore, Counly Attorney PARIS-LAMAR COUNTY HEALTH DEPARTMENT By: Robert Moseley, D.D.S., Board Chairman ATTEST: Ann Norment, Secretary PHYSICIAN Jon K. Plummer, M.D. STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL E. MALONE, City Manager of the City of Paris, Paris, Texas, known to me to be the person whose name is subscribed to the foregoing inslrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13th day of September, 1999. Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) Medical Services Contnld. Paee S BEFORE ME, the undefsigned authority, on this day personally appeared M. CHARLES SUPER VILLE, County Judge of Lamar County, Texas, known to me to be the person whose same is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the pUfposes and consideration thefein expfessed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of ,1999. Notary Public, Slate of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared ROBERT MOSELEY, D.D.S., Chairman, Paris-Lamaf County Board of Health, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes consideration Iherein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of ,1999. Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared JON K. PLUMMER, M.D., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expfessed. GlVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of ,1999. Notary Public, State of Texas Medical Servlcts Contrlld - Palllle 6