1992-088-RES WHEREAS, the Paris-Lamar County Board of Health has recommended contracting with Charles E.
RESOLUTION NO.
92-088
JOINT RESOLUTION NO. 92-007
WHEREAS, the Paris-Lamar County Board of Health has
recommended contracting with Charles E. Beachley, M. D., for
professional medical service to be rendered through the
Paris-Lamar County Health Department; and,
WHEREAS, it would be proper for the City of Paris, the
County of Lamar and Paris-Lamar County Health Department to
jointly execute the contract with Charles E. Beachley, M. D.,
upon the terms and conditions and in the form of contract
attached hereto as Exhibit A; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
THE COUNTY OF LAMAR AND THE PARIS-LAMAR COUNTY BOARD OF
HEALTH, that the Mayor of the City of Paris, George Fisher,
the County Judge of Lamar County, Deane Loughmiller, and the
Chairman of the Board of Paris-Lamar County Health
Department, Bert Strom, M. D., be, and they are hereby
authorized and directed to execute the contract for
professional services between the City of Paris, the County
of Lamar, the Paris-Lamar County Health Department and
Charles E. Beachley, M. D., in the form of Exhibit A,
attached hereto, which is in all things approved.
Passed and adopted this 19th day of October, 1992.
CITY OF PARIS
BY:~~
eorge Fisher, Mayor
ATTEST:
am, City
APPROVED
FORM:
, City Attorney
Passed and adopted on this theO?~-tIt. day of October,
1992.
COUNTY OF LAMAR
COUNTY OF LAMAR
STATE OF TEXAS
MEDICAL SERVICES AGREEMENT
~
~
This Agreement made this 26th day of August, 1992, by
and between the City of Par is, act ing by and through its
Mayor, George Fisher, duly authorized, hereinafter called
CITY, the County of Lamar, acting by and through its County
Judge, Deane A. Loughmiller, duly authorized, hereinafter
called COUNTY, Paris-Lamar County Health Department, acting
by and through its Board Chairman, Bert Strom, M.D., duly
authorized, hereinafter called HEALTH DEPARTMENT and Charles
E. Beachley, M.D., hereinafter called DOCTOR.
WHEREAS, CITY and COUNTY do jointly with the State of
Texas provide funding for public health services through the
HEALTH DEPARTMENT; and,
WHEREAS, the DOCTOR is a physician licensed to practice
medicine in the State of Texas and is an employee of the
HEALTH DEPARTMENT; NOW THEREFORE,
KNOW ALL MEN BY THESE PRESENTS, That the CITY, COUNTY,
HEALTH DEPARTMENT and the DOCTOR do hereby contract and agree
with as follows:
-1-
EXHIBIT A
PRIMARY TERM
1. That DOCTOR is to provide professional medical service
and direction and to remain employed by the HEALTH DEPARTMENT
for the period beginning September 1, 1992 and ending August
31, 1994, which shall be the primary term of this contract.
PROFESSIONAL SERVICES
2. Professional Services provided shall be full time
medical and administrative direction to the HEALTH DEPARTMENT
and shall schedule a minimum of 6 hours jail sick call per
week and a minimum of 4 pre-natal clinics per month. CITY,
COUNTY, or HEALTH DEPARTNENT shall supply DOCTOR wi th all
support personnel, supplies, and equipment reasonably
necessary for the proper performance of these duties.
SALARY
3. That the base salary for said DOCTOR will be $101,180.00
per year, plus benefits as follows: Texas Municipal
Retirement System $6,775.90, Hospital Insurance $2,854.92,
Workers' Compensation Insurance $2,256.31, Life Insurance
$51.60 and FICA $7,740.27 for a total compensation of
$120,859.00 per year.
CONS IDERATION
4. That HEALTH DEPARTMENT shall pay as consideration for
this agreement $120,859.00, and agrees to pay tail premium
resulting from the DOCTOR'S time of practice as a CITY,
-2-
COUNTY and HEALTH DEPARTMENT employee continuing the limits
of coverage as herein provided without regard to the
circumstances or reason for the discontinuance of the
employee relationship between CITY, COUNTY and HEALTH
DEPARTMENT with the DOCTOR. DOCTOR will be reimbursed travel
expenses when out of town on CITY/COUNTY/HEALTH DEPARTMENT
business at the current per diem rate.
COMPENSATED LEAVE
4. DOCTOR shall further be entitled to a minimum of two (2)
weeks paid vacation, ten (10) days paid sick or personal
leave, and a minimum of two (2) weeks for continuing medical
education training, to be scheduled appropriately so as to
least interfere with the ongoing programs of medical services
offered by the HEALTH DEPARTMENT and as approved by the
Board.
PROFESSIONAL LIABILITY INSURANCE COVERAGE
5. That CITY, COUNTY and HEALTH DEPARTMENT shall maintain
in force throughout the primary and optional term of this
agreement, professional liability insurance covering DOCTOR'S
professional conduct and nurse supervisionin the minimum
amounts of $500,000.00 per occurrence and $1,000,000.00
aggregate, with DOCTOR being permitted to increase the limits
at his cost if he so desires. Any return of premiums shall
be proportioned as paid by HEALTH DEPARTMENT and DOCTOR.
-3-
OPTIONAL TERN
6. That HEALTH DEPARTMENT shall have the option to continue
said DOCTOR status as an employee provider of professional
services through August 31, 1995. This contract shall
automatically renew from year to year absent notice (a) sixty
(60) days prior to the first renewal date above referenced or
(b) of six (6) months prior to each subsequent renewal date.
NO FAULT CANCELLATION
7. That in the event that DOCTOR is prevented from
performing under this contract due to a permanent disability,
this contract is cancelled and held for naught except that
HEALTH DEPARTMENT'S obligation for tail coverage under
paragraph number four, would remain in full force and effect.
BREACH OF CONTRACT
8. That in the event DOCTOR fails to remain an employee of
the HEALTH DEPARTNENT and provide professional services as
herein described to and through the HEALTH DEPARTMENT through
August 31, 1994, 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.
ATTORNEY'S FEES
9. If any action at law or in equity is brought to enforce
or interpret the provisions of this agreement, the prevailing
-4-
party shall be entitled to reasonable attorney's fees in
addition to any other relief to which the prevailing party
may be entitled.
GOVERNING LAW
10. That the validity of this agreement and of 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 day and year first
above written.
CITY OF PARIS
BY:
George Fisher, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
COUNTY OF LAMAR
Deane A. Loughmiller,
County Judge
-5-
ATTEST:
APPROVED AS TO FORM:
Kathy Poole, County Clerk
Tom Wells, County Attorney
PARIS-LAMAR COUNTY HEALTH
DEPARTMENT
Bert Strom, M.D.,
Board Chairman
ATTEST:
M. Thomas Cutrell, M.D., Secretary
DOCTOR
Charles E. Beachley, M.D.
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day
personally appeared George Fisher, Mayor of the City of
Paris, 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
October, 1992.
Notary Public, State of Texas
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally
-6-
appeared Deane A. Loughmiller, Lamar County
be the person whose name is subscribed
instrument, and acknowledged to me that he
for the purposes and consideration therein
the capacity therein stated.
Judge, known to me to
to the foregoing
executed the same
expressed, and in
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
October, 1992.
day of
Notary Public, State of Texas
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally
appeared Dr. Bert Strom, Board Chairman of Paris-Lamar County
Health Department, known to me to be the person whose name is
subscr ibed to the foregoing ins trument, 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
October, 1992.
day of
Notary Public, State of Texas
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally
appeared Dr. Char les E. Beachley, known to me to be the
per sun 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
October, 1992.
day of
Notary Public, State of Texas
-7-