2000-108-RES THE COMMISSIONERS COURT, LAMAR
RESOLUTION NO. 2000-108
JOINT RESOLUTION NO.
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PARIS, PARIS, TEXAS, THE COMMISSIONERS COURT, LAMAR
COUNTY, TEXAS, AND THE PARIS-LAMAR COUNTY HEALTH
DEPARTMENT, ACTING BY AND THROUGH THE PARIS-LAMAR
COUNTY BOARD OF HEALTH, AUTHORIZING THE EXECUTION OF
THE MEDICAL SERVICES CONTRACT WITH JON K. PLUMMER, M.D.;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
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, the County of Lamar, and the Paris-Lamar County Health Department are desirous of
contracting with Jon K. Plumrner, 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, the County Judge
of Lamar County, and the Chairman of the Paris-Lamar County Board of Health should be
authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS, THE COUNTY COMMISSIONERS OF THE COUNTY OF LAMAR, TEXAS,
AND THE PARIS-LAMAR COUNTY BOARD OF HEALTH:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the form of the Medical Services Contract with Jon K. Plumrner, M.D.,
attached hereto as Exhibit A, be, and the same is hereby, approved.
Section 3. That the City Manager of the City of Paris, the County Judge of Lamar
County, and the Chairman of the Paris-Lamar County Board of Health, be, and they are hereby,
authorized and directed to execute, on behalf of the City of Paris, the County of Lamar, and the
Paris-Lamar County Health Department, respectively, the Medical Services Contract with Jon K.
Plumrner, M.D., under the terms and conditions and in the form shown in Exhibit A, attached
hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 14th day of August, 2000.
ATTEST:
~
~~" '"'~) . -~-- . -- N't\ )
Mattie Curmingham, City Clerk -
APPROVED AS TO FORM:
,?~~L.~~
Michael J. Pfiest , M or
APPROVED by the commission~rt of Lamar County, Texas, by adoption of the
above Resolution on the~,11J day of ~OOO.
Lamar County Commissioner, Pct 1
a ar County Commissioner, Pct 4
APPROVED by the Paris-Lamar County Board of Health by adoption of the above
Resolution on the day of , 2000.
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.()
ATTEST:
L"h~
Ann Norment, Secretary
MEDICAL SERVICES CONTRACT
STATE OF TEXAS )
)
COUNTY OF LAMAR )
THIS AGREEMENT, made this 14th day of August, 2000, 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. Charles Superville, duly authorized, hereinafter called COUNTY, the PARIS-LAMAR
COUNTY HEALTH DEPARTMENT, acting by and through the Paris-Lamar County Board of
Health Chairman, Wallace E. Kraft, D.V.M., duly authorized, hereinafter called HEALTH
DEPARTMENT, and JON K. PLUMMER, M.D. whose address is 1110 E. Austin Street, Paris,
Texas 75460, hereinafter called PHYSICIAN.
WHEREAS, CITY and COUNTY do jointly, with the State of Texas, 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, 2000, and ending September 30, 2001, which
shall be the term of the contract.
Medical Services Contract ~ Pa2e I
C)(HIBIT A
2. PROFESSIONAL SERVICES
Professional services provided shall be part-time medical direction to the HEALTH
DEPARTMENT. CITY, COUNTY, or HEALTH 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 healthcare
activities and consultation for and medical supervision ofthe healthcare staff; and, in conjunction
with the Nurse Practitioner, PHYSICIAN shall participate and assure participation of other
physicians in developing, executing, and periodically reviewing HEALTH DEP AR TMENT's written
policies and services provided to patients; and, PHYSICIAN shall perform a weekly review often
percent (10%) of HEAL TH DEPARTMENT's patient records, provide medical orders, and provide
medical care services to patients at the clinic; and, PHYSICIAN shall assure physician coverage to
provide medical direction, medical care 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 often (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 (12) equal installments.
Medical Services Contract - PRIZe 2
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, 2001, 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.
Medical Services Contract - PSl!e J
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:
Larry W. Schenk, City Attorney
COUNTY OF LA
By:
ATTEST:
Kathy Marlowe, County Clerk
PARIS-LAMAR COUNTY HEALTH
DEPARTMENT
By:
Wallace E. Kraft, D.V.M., Board Chairman
Medical Services Contract - Pal!e 4
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 instrument, 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 14th day of August, 2000.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared M. CHARLES
SUPERVILLE, 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
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
,2000.
Notary Public, State of Texas
Medical Services Contract M Page 5
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared WALLACE E.
KRAFT, D.V.M., Chairman, Paris-Lamar 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 therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
,2000.
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 expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
,2000.
Notary Public, State of Texas
Medical Services Contract - Pa2e 6