1995-121-RES WHEREAS, COP AND COUNTY OF LAMAR DO JOINTLY WITH THE STATE OF TEXAS PROVIDE FUNDING
RESOLUTION NO. 95-121
JOINT RESOLUTION NO. J-95-o02
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 LaDonna Koehn, a licensed
Registered Nurse, Family Nurse Practitioner, to provide professional medical services to the
Paris-Lamar County Health Department; and,
WHEREAS, the form of the Registered Nurse, Family Nurse Practitioner 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, Deane A.
Loughmiller, 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
Registered Nurse, Family Nurse Practitioner Contract with LaDonna Koehn, RNFNP, 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, Deane A. Loughmiller, be, and they are
hereby, authorized and directed to execute, on behalf of the City of Paris and the County of
Lamar, the Registered Nurse, Family Nurse Practitioner Contract with LaDonna Koehn,
RNFNP, upon the terms and conditions and in the form attached hereto as Exhibit A.
PASSED AND ADOPTED this 13th day of November, 1995.
Fn'S~
ATTEST:
Mattie Cunningham, City Clerk
A~;'::
"--t. K. aynes ity Attorney
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APPROVED AS TO FORM:
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REGISTERED NURSE
FAMILY NURSE PRACTITIONER CONTRACT
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
THIS AGREEMENT is made this 9th day of October, 1995, 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, Deane A. Loughmiller, duly authorized, hereinafter called COUNTY, the Paris-Lamar
County Health Department, acting by and through the Paris-Lamar County Health Board
Chairman, Robert Moseley, duly authorized, hereinafter called HEALTH DEPARTMENT, and
LaDonna Koehn, hereinafter called RNFNP.
WHEREAS, CITY and COUNTY do jointly, with the State of Texas, provide funding
for public health services through the HEALTH DEPARTMENT; and,
WHEREAS, the RNFNP is licensed as a Registered Nurse, Family Nurse Practitioner
in the State of Texas; NOW, THEREFORE,
KNOW ALL MEN BY THESE PRESENTS, that the CITY, COUNTY, HEALTH
DEPARTMENT and the RNFNP do hereby contract and agree as follows:
1. PRIMARY TERM
That RNFNP is to provide professional medical services as a Registered Nurse, Family
Nurse Practitioner to HEALTH DEPARTMENT for the period beginning September 1, 1995,
and ending August 30, 1996, which shall be the primary term of the contract. A one-year
option term is provided hereafter in Paragraph 5.
EbHl6lIA
2. PROFESSIONAL SERVICES
Professional medical services provided shall consist of a minimum of thirty (30) hours
per week of Family Nurse Practitioner services to the HEALTH DEPARTMENT, and CITY,
COUNTY and HEALTH DEPARTMENT shall supply RNFNP with all support personnel,
supplies and equipment reasonably necessary for the proper performance of her duties.
3. SALARY
That the salary for said RNFNP shall be $1,740.00 for each two-week pay period. Said
RNFNP, as a salaried employee, in addition to the salary herein enumerated, shall be entitled
to the following benefits available to City of Paris employees: ten (10) days of annual leave,
sick leave as earned in accordance with City of Paris Personnel Policies, all official holidays
observed by the City of Paris, health insurance, membership in the Texas Municipal Retirement
System (effective at the time this contract is fully executed by all parties and all necessary
documentation is received by TMRS), stability pay, and all other benefits provided for in the
City of Paris Personnel Policies which are available to City of Paris employees.
4. PROFESSIONAL LIABILITY INSURANCE COVERAGE
That RNFNP shall obtain and carry, with CITY, COUNTY ~nd HEALTH
DEPARTMENT reimbursing her for the cost of the same, professional liability insurance
covering RNFNP's professional conduct and nurse supervision in the minimum amounts of
$100,00.00 per occurrence and $300,000.00 aggregate, and shall maintain the same in force
throughout the primary and optional terms of this contract.
5. CONTINUING EDUCATION
That CITY, COUNTY and HEALTH DEPARTMENT shall pay tuition, travel and all
other related expenses for RNFNP's attendance at ten (10) days of required continuing
education, provided prior approval of location and tuition is granted by the Paris-Lamar County
Health Board.
6. OPTIONAL TERM
That CITY, COUNTY and HEALTH DEPARTMENT shall have the option to continue
said RNFNP's status as a contract provider of professional medical services through August 30,
1997, by giving notice as herein required. CITY, COUNTY and HEALTH DEPARTMENT
must give notice on or before July 31, 1996, in order to exercise the one-year option ending
August 30, 1997. Thereafter, this contract shall automatically renew from year to year absent
notice six (6) months prior to each subsequent renewal date.
7. NO FAULT CANCELLATION
That, in the event that RNFNP 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 RNFNP 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 August 30, 1996, 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 her to respond in damages in the amount of $2,500.00 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. NOTICE
All notices required hereunder shall be deemed to have been duly given if and when the
same are reduced to writing and enclosed in a properly sealed envelope and deposited, prepaid,
in a United States post office, addressed as follows:
If to the CITY, COUNTY or HEALTH DEPARTMENT, c/o:
City Attorney
City of Paris
P. O. Box 9037
Paris, TX 75461
If to the RNFNP:
LaDonna Koehn
Rt. 1, Box 335-1
Detroit, TX 75436
The parties have the right to change their addresses by giving at least fifteen (15) days
written notice to the other parties of the new address.
11. 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.
By:
~ PARIS, TEXAS
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Michael E. Malone, City Manager ~
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
COUNTY OF LAMAR
By:
Deane A. Loughmiller
County Judge
ATTEST:
Kathy Poole, County Clerk
APPROVED AS TO FORM:
~~
Tom Wells, County Attorney
PARIS-LAMAR COUNTY HEALTH
DEPARTMENT
By:
Robert Moseley,
ATTEST:
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Ann Norment, Secretary
REGISTERED NURSE, FAMILY NURSE
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LaDonna Koehn, RNFNP
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 _ day of November,
1995.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Deane A.
Loughmiller, 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 0 CE, this ~tt day of November,
NADINI"_
NoIaIy,........
My Coma....e.1999
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1995.
STATE )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Robert
Moseley, 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.
1995.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this clr:dJday of November,
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Notary Publi , State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared LaDonna
Koehn, RNFNP, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
1995.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ~ day of November,
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Notary Pub . State of Texas