1997-089-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 8TH DAY OF APRIL 1996
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RESOLUTION NO. 97-089
JOINT RESOLUTION NO. J97-o03
WHEREAS, the City Council of the City of Paris did heretofore, on the 8th day of April,
1996, in Resolution No. 96-032, authorize the execution of a Medical Services Contract with Dr.
Jon K. Plummer for professional medical service and direction to the Paris-Lamar County Health
Department, which said contract expires on September 30, 1997; and,
WHEREAS, the City of Paris and the County of Lamar are pleased with the quality of
service provided by Dr. Plummer and are desirous of continuing the contractual arrangement with
him for an additional term of two (2) years, beginning October 1, 1997, and ending September
30, 1999; 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 Dr. Jon K. Plummer, 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 Dr. Jon K. Plummer, upon the terms and
conditions and in the form shown in Exhibit A, attached hereto.
PASSED AND ADOPTED, fuj, llili d" of ~
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Eric S. Clifford, Mayor
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ATTEST:
Mattie Cunningham, City Clerk
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ATTEST:
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owe, County Clerk
TO FORM:
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ore, County Attorney
MEDICAL SERVICES CONTRACT
STATE OF TEXAS )
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COUNTY OF LAMAR )
THIS AGREEMENT, made this 11th day of August, 1997, by and among the CITY OF
PARIS, PARIS, TEXAS, acting by and through its City Manager, Michael E. Malone, duly
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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 Health Board
Chairman, Robert Moseley, D. D. S., duly authorized, hereinafter called HEALTH DEPARTMENT,
It
and JON K. PLUMMER, M.D., 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. PRIMARYTERM
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That PHYSICIAN is to provide professional medical service and direction to HEALTH
DEPARTMENT for the period beginning October 1, 1997, and ending September 30, 1999, which
shall be the primary term of the contract. A one-year option term is provided hereafter in Paragraph
6.
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MedicaLServices Contract ..Page 1
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LPROEESSIONAL.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 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
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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 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 of ten (10) hours per month medical administrative
LSALARY
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direction for the Rural Health Clinic during the term of this contract.
That the compensation for said PHYSICIAN for the term of this contract will be $50,000.00,
payable monthly, which said compensation is based on the annual rate of$25,000.00.
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MedicalServices Conlract-.Page 2
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5. _PROF.ESSIONALUABILITY1NSURANCE_COYERAGE
That PHYSICIAN shall obtain and carry, at no cost to CITY, COUNTY, or HEALTH
DEPARTMENT, professional liability insurance covcring 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 primary and optional terms of this
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contract.
6. OPTIONAL TERM
That HEALTH DEPARTMENT shall have the option to continue said PHYSICIAN's status
as a contract provider of professional medical services through September 30, 2000, by giving notice
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as herein required. HEALTH DEPARTMENT must give notice on or before August 1, 1999, in
order to exercise the one-year option ending September 30, 2000. Thereafter, this contract shall
automatically renew from year to year absent notice ninety (90) days prior to each subsequent
renewal date.
7. NO FAULT CANCELLATION
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That, 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.
8. BREACH OF CONTRACT
That, in the event PHYSICIAN fails to remain a contract provider of the HEALTH
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DEPARTMENT and provide professional medical services as herein described to and through the
HEALTH DEPARTMENT through September 30, 1999, 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
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MedicaIServ-jces_CoDtract~_PJl.g~J
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will immediately obligate him to respond in damages in the amount of $5,000.00 to the HEALTH
DEPARTMENT.
9. .ATTORNEY~KF.EES
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
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relief to which the prevailing party may be entitled.
10. 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.
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CITY OF PARIS, PARIS, TEXAS
By:
Michael E. Malone, City Manager
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
COUNTY OF LAMAR
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T. K. Haynes, City Attorney
By:
M. Charles Superville, County Judge
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Medical Services Contract.-_J!ageA
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ATTEST:
Kathy Marlowe, County Clerk
AS TO FORM:
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PARIS-LAMAR COUNTY HEALTH
DEPARTMENT
By:
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Robert Moseley, D.D.S., Board Chairman
ATTEST:
Ann Norment, Secretary
PHYSICIAN
Jon K. Plummer, M.D.
STATE OF TEXAS )
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COUNTY OF LAMAR )
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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.
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Medical Services Contract -Page 5
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GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 11th day of August, 1997.
Notary Public, State of Texas
STATE OF TEXAS
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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
,1997.
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Notary Public, State of Texas
STATE OF TEXAS )
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COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared ROBERT
MOSELEY, D.D.S., Chairman, Paris-Lamar County Board of Health, known to me to be the person
whose name is subscribed to the foregoing instnunent, 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
,1997.
Notary Public, State of Texas
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Medical Services Contract- Page 6
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STATE OF TEXAS )
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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
,1997.
Notary Public, State of Texas
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MedicaISendces.Contract_",__Pagc_7
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