1996-032-RES WHEREAS, COP AND COUNTY OF LAMAR DO JOINTLY, WITH THE STATE OF TEXAS, PROVIDING FUNDING
RESOLUTION NO. 96-032
JOINT RESOLUTION NO. J-96-001
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, the
Medical Services Contract with Jon K. Plummer, M.D., upon the terms and conditions and in the
form shown in Exhibit A, attached hereto.
PASSED AND ADOPTED this 8th day of April, 1996
ATTEST:
~~~.~~~~~
Mattie Cunningham, City Clerk
ATTEST:
APPROVED AS TO FORM:
c?~/}T~L
Tom Wells, County Attorney
'iJjk.;)- D~
MEDICAL SERVICES CONTRACT
STATE OF TEXAS )
)
COUNTY OF LAMAR )
THIS AGREEMENT, made this 15th day of March, 1996, 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 Supervillc, 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, 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. PRIMARY TERM
That PHYSICIAN is to provide professional medical service and direction to HEALTH
DEPARTMENT for the period beginning April 1, 1996, and ending September 30,1997, which
shall be the primary term of the contract. A one-year option term is provided hereafter in
Paragraph 6.
Medical ScrviCC"i Contract. l'ae:c I
C:XHIBIT 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 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 of ten 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 direction for the Rural Health Clinic during the term of
this contract.
4. SALARY
That the compensation for said PHYSICIAN for the term of this contract will be
$37,500.00, payable monthly, which said compensation is based on the annual rate of$25,OOO.00.
Medical SCM'lce5 Contract ~ Pa2C 1
S. 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 primary and
optional terms of this contract.
6. OJYfIONAL 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, 1997, by
giving notice as herein required. HEALTH DEPARTMENT must give notice on or before
August I, 1997, in order to exercise the one-year option ending September 30, 1998.
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
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
DEPARTMENT and provide professional medical services as herein described to and through
the HEALTH DEPARTMENT through September 30, 1997, for any reason other than dismissal,
disability or fault of another party to this contract, it shall be deemed a breach of this contract,
Medical SCn'lces Contract - P82e 3
and will immediately obligate him to respond in damages in the amount of $5,000.00 to the
HEALTH DEPARTMENT.
9. 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.
10. GOVERNING LAW
That the validity of this agreement and any of its tenus 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 acknowledgements below.
CITY OF PARIS, PARIS, TEXAS
By:
Michael E. Malone, City Manager
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
COUNTY OF LAMAR
By:
M. Charles Superville
County Judge
Medical ScrvlcClIi Contract - Pa2e 4
ATTEST:
Kathy Poole, County Clerk
::~:;~tL
Tom Wells, County 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 instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed and in the capacity therein stated.
Medical Services Contract - PaI!C 5
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of March,
1996.
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 March,
1996.
Notary Public, State 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-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 March,
1996.
Notary Public, State of Texas
Medical Scnlccs Contract - Pa2c 6
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 March,
1996.
Notary Public, State of Texas
Medical Scrvlct:5 Contract - Pa2e 7