1990-067-RES WHEREAS, the Paris-Lamar County Board of Health has recommended contracting with Lucy F, Fetner,
RESOLUTION NO,
90-067
WHEREAS, the Paris-Lamar County Board of Health has recommended
contracting with Lucy F, Fetner, M.D, for professional medical
service to be rendered through the Paris-Lamar County Health Unit;
and,
WHEREAS, it would be proper for the City of Paris, the County
of Lamar and Paris-Lamar County Health Unit to jointly resolve to
contract with Lucy F, Fetner, 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
COMMISSIONERS COURT OF THE COUNTY OF LAMAR, AND THE PARIS-LAMAR
COUNTY BOARD OF HEALTH, that the Mayor of the City of Paris, the
County Judge of Lamar County, and the Chairman of the Board of
Paris-Lamar County Health Unit, 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 Unit and Lucy F. Fetner, M.D., in the form of Exhibit
A, attached hereto which is in all things approved.
Passed and adopted on this the 13th day of August, 1990.
CITY OF PARIS
E~~~
ATTEST:
Cit
Passed and adopted on this the -=1-- day Of~' 1990.
COUNTY OF LAMAR
ATTEST:
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c/ A~.JLil_< ,_c'-._("-~.oW-LtL, \I)-,-<t'~
.Cinda Sud uth, County Clerk, ~ U - C!Y.e- J"'
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Passed and ado~ted on't'his the Y::l:.llo. day of c/}fJ.,tf!A , 1990.
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COUNTY HEALTH UNIT
MEDICAL SERVICES AGREEMENT
.,
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COUNTY OF LAMAR
STATE OF TEXAS
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By and between the City of Paris and acting by and
through its mayor, Eric S. Clifford, 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 Unit, acting by and through its Board Chairman,
Richard Bercher, M.D., duly authorized, hereinafter called
HEALTH UNIT and Lucy F. Fetner, M,D., hereinafter called
DOCTOR.
WHEREAS, CITY and COUNTY do jointly with the State of
Texas provide funding for and public health services through
the HEALTH UNIT; and,
WHEREAS, the DOCTOR is a physician licensed to practice
medicine in the State of Texas and is an employee of the
HEALTH UNIT; NOW THEREFORE,
KNOW ALL MEN BY THESE PRESENTS, That the HEALTH UNIT and
the DOCTOR do hereby contract and agree to the following:
PRIMARY TERM
1, That DOCTOR is to remain employed by the HEALTH UN1T for
the period beginning July 23, 1990 and ending July 22, 1991,
which shall be the primary term of this contract.
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EXHIBIT A
,<=9/~ /39
SALARY
2. That the salary to be received by said.,'DOC.1:0R has
heretofore been agreed upon and is not the subject of this
contract.
CONSIDERATION
3. That HEALTH UNIT shall pay as consideration for this
agreement $3,500.00, and agrees to pay tail premium resulting
from the DOCTOR's time of practice as a Health Unit employee
continuing the limits of coverage as herein provided without
regard to the circumstances or reason for the discontinuance
of the employer or employee relationship between HEALTH UNIT
and DOCTOR.
PROFESSIONAL LIABILITY INSURANCE COVERAGE
4. That Health Unit shall maintain in force throughout the
pr imary and opt ional term of th i s agreement, profess ional
liability insurance covering DOCTOR's professional conduct in
the minimum amounts of $500,000 per occurrence and $1,000,000
aggregate. Any return of premiums shall be the property of
HEALTH UNIT,
OPTIONAL TERM
5. That HEALTH UNIT shall have the option in the event
DOCTOR remains a resident of the Paris-Lamar County area to
continue said DOCTOR status as an employee through July 22,
1993.
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3 j- 1'1(,)
NO FAULT CANCELLATION
6. That in the event that DOCTOR remains a re~i~en~ of the
Paris-Lamar County area and is prevented from performing
under this contract due to a permanent disability, this
contract is cancelled and held for naught except that HEALTH
UNIT's obliga t ion for ta il cover age under paragraph number
three, would remain in full force and effect.
MATERNITY EXEMPTION
7. That in the event DOCTOR is absent on maternity leave
and returns to
convalescence, it
contract.
work after an appropriate period of
shall not be deemed a breach of this
8.
BREACH OF CONTRACT
That in the event DOCTOR:
a) fails to remain an
through July 22, 1991,
disability; or,
employee of the HEALTH UNIT
for any reason other than
b) remains a resident of the Paris-Lamar County area
and fails to continue her employment with the HEALTH
UNIT through July 22, 1993,
it shall be deemed a breach of this contract, and will
immediately obligate her to respond in damages in the amount
of $3,500.00 to the HEALTH UNIT.
ATTORNEY'S FEES
9. 1f any action at law or in equity is brought to enforce
or interpret the provisions of this agreement, the prevailing
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;)/-/vl
party shall be entitled to reasonable attorney's fees in
addition to any other relief to which the preva,ili~g 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
Eric S. Clifford, Mayor
ATTEST:
Mattie Cunningham, City Clerk
COUNTY OF LAMAR
ATTEST:
~ cUt-~
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3/-/'1)--
PARIS-LAMAR COUNTY ~~ALTH UNIT
~.. .' .'
ATTEST:
Richard Bercher, M,D"
Board Chairman
M. Thomas Cutrell, M,D., Secretary
DOCTOR
Lucy F, Fetner, M.D.
APPROVED AS TO FORM:
T. K, Haynes, City Attorney
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day
,per sonally appeared Er ic S. Cli fford, Mayor of the Ci ty of
Paris, known to me to be the person whose name is subscribed
to the foregoing instrument, and the purposes and
consideration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
August, 1990.
Notary Public, State of Texas
Printed Name:
My commission expires:
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally
appeared Deane A. Loughmiller, Lamar County Judge, known to me to
be the person whose name is subscribed to the foregoing
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instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein express'ed;' and in
~he c pacity therein stated.
IVEN UNDER MY HAND AND SEAL OF OFFICE this
I.\'~ 1990,
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~
day of
IAflBA MCCARTY
~
w ~- ~s JfII EXHIES
December 20. 1993
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally
appeared Richard Bercher, Board Chairman of Paris-Lamar County
Health Unit, 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
August, 1990.
day of
Notary Public, State of Texas
Printed Name:
My commission expires:
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally
appeared Dr. Lucy F. Fetner, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
August, 1990,
Notary Public, State of Texas
Printed Name:
My commission expires:
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