1989-134-RES WHEREAS, PARIS-LAMAR RECOMMENDED CONTRACTING WITH PROFESSIONAL MEDICAL SERVICE
RESOLUTION No. 89-134
WHEREAS, The Paris-Lamar
recommended contracting with
professional medical service
Paris-Lamar County Health Unit;
County
Agnes
to be
and,
Board of Health
B. Xavier, M.D.
rendered through
has
for
the
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 Agnes B. Xavier, 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 Agnes B. Xavier, 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 November,
1989.
ATTEST:
ord, Mayor
Mattie Cunningham,
Passed and adopted on this the __th day of
, 1989.
COUNTY OF LAMAR
ATTEST:
Deane A. Loughmiller,
County Judge
Linda Sudduth, County Clerk
Passed and adopted on this the __th day of
1989.
PARIS-LAMAR COUNTY HEALTH UNIT
Richard Bercher, M.D.
ChairmAn of rhp Rn~r~
MEDICAL SERVICES AGREEMENT
COUNTY OF LAMAR
STATE OF TEXAS
~
~
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 Agnes B. Xavier, 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 Medical Administrator of the HEALTH UNIT is
Loren Scott; and,
WHEREAS, the DOCTOR is a physician licensed to practice
medicine in the State of Texas and desires to contract for and
render her professional services to the HEALTH UNIT; NOW
THEREFORE,
KNOW ALL MEN BY THESE PRESENTS, That the HEALTH UNIT hereby
contracts with and retains the services of the DOCTOR, and the
DOCTOR agrees to render her services as follows:
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EXHIBIT A
SERVICES
1. (a) The DOCTOR shall perform such medical services as may
be necessary to provide public health service through the
HEALTH UNIT in accordance with policies established by
HEALTH UNIT's Board and funded by CITY, COUNTY and the State
of Texas.
(b) The DOCTOR shall give preemployment physical
examinations and subsequent periodic examinations to the
employees of the CITY, COUNTY and HEALTH UNIT as may from
time to time be required.
(c) The DOCTOR shall render treatment to the employees of
CITY COUNTY and HEALTH UNIT during DOCTOR's normal working
hours as established by HEALTH UNIT and being 10 hours per
week.
(d) The DOCTOR shall render sick call treatment to COUNTY's
jail inmates at COUNTY's jail on week days, Monday,
Wednesday and Friday as appropriate.
(e) The DOCTOR shall maintain complete and accurate records
of employees of CITY, COUNTY and HEALTH UNIT and such
records as may be required by COUNTY and State of Texas jail
standards for COUNTY jail inmates.
TERM
2. This agreement shall be for the period beginning the 27th
day of November, 1989 and ending the 18th day of February, 1990,
unless terminated sooner by the terms whereof.
EQUIPMENT AND FACILITIES
3. The HEALTH UNIT shall provide an office and examination room
on its premises at 740 6th S.W. Street, Paris, Texas, for use by
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the DOCTOR in treating and examining the CITY, COUNTY and HEALTH
UNIT employees, and the public. The COUNTY shall provide
appropriate space, adequately ventilated, to permit' DOCTOR with
nurse and guard in attendance to render sick call services to the
inmates. The HEALTH UNIT shall provide the necessary equipment,
instruments, medicine, drugs and dressings and other items as are
necessary for the rendering of the respective services contracted
for and the COUNTY shall provide the necessary equipment,
instruments, medicine, drugs and dressings and other items as are
necessary for the rendering of the services of sick call services
to the inmates.
NURSES AND OTHER ASSISTANTS
4. HEALTH UNIT shall provide physician assistant, nurse, or
other assistant to aid her in the treatment and examination of
employees, inmates, and the public, and
medical records and reports, where the
assistant, nurse or assistant will result
in caring out the duties of this agreement.
in the preparation of
use of such physician
in greater efficiency
HOURS
5. The DOCTOR shall be available for the treatment and
examination of employees at the HEALTH UNIT's facilities or
COUNTY's jail facilities between the hours of 9:00 A.M. and 11:00
A.M., or as otherwise agreed which will provide for ten hours per
week without regard to holidays. That is, in the event of a
holiday, additional hours will be scheduled on non-holiday days
in order that the ten hours per week of service mayb~ rendered.
In the event of clinics requiring DOCTOR to serve more hours on a
given day than contracted for, an adjustment on a subsequent day
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will be made so that DOCTOR's weekly service shall not exceed the
average of ten hours per week in add i t ion to the schedulled
hours, the DOCTOR shall be reasonably available for telephone
consultation with the Physician Assistant.
COMPENSATION
6. For her services rendered hereunder, the DOCTOR shall be
compensated at the rate of $400.00 per week for ten hours per
week of schedulled clinic or jail time and reasonable
availability for telephone consultation with the Physician
Assistant.
TERMINATION
7. This agreement shall be terminated upon the occurrence of
any of the following events:
(a) Whenever the DOCTOR shall cease to be a "licensed
person", as defined in the Texas Professional Association
Act.
(b) The death of the DOCTOR.
(c) Whenever the DOCTOR fails or refuses to perform the
contractural duties herein established.
(d) Whenever the DOCTOR fails or refuses to comply with the
reasonable policies, standards and regulations of the State
of Texas and HEALTH UNIT.
8. Upon termination of this agreement under any provision of
paragraph seven above, the DOCTOR shall be entitled to receive
only the compensation accrued, but unpaid as of the date of
termination, and shall not be entitled ~o ~dditional
compensation.
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INSURANCE AND INDEMNIFICATION
9. It is the intention of the parties that the. DOCTOR be an
. .
independent contractor and not an employee under this agreement
and, in order to protect the CITY, COUNTY and HEALTH UNIT from
liability, the DOCTOR shall maintain a policy of malpractice
insurance in the minimum amount of $250,000 per occurrence and
$500,000 aggregate, and shall further indemnify and hold the
CITY, COUNTY and HEALTH UNIT harmless from any and all claims
arising out of the performance of her duties.
ENTIRE AGREEMENT
10. This agreement supersedes any and all other agreements,
either oral or in writing, between the parties hereto with
respect to the subject matter hereof, and no other agreement,
statement, or promise relating to the subject matter of this
agreement that is not contained herein shall be valid or binding
unless in writing signed by all parties.
ASSIGNMENT
11. Neither this agreement nor any duties or obligations
hereunder shall be ass ignable by the DOCTOR without the prior
written consent of the CITY, COUNTY and HEALTH UNIT.
SUCCESSORS AND ASSIGNS
12. Subject to the provision
regarding assignment,
this
agreement
shall
be
binding
on
the
heirs,
executors,
administrators, successors,
and ass igns of the respect i ve
parties.
ATTORNEY'S FEES
13. If any action at law or in equity is brought to enforce or
interpret the provisions of this agreement, the prevailing party
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shall be ent itled to reasonable at torney' s fees in add i t ion to
any other relief to which the prevailing party may be entitled.
GOVERNING LAW
14. 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.
Agreed and entered into this 13th day of November, 1989.
CITY OF PARIS
Eric S. Clifford, Mayor
ATTEST:
Mattie Cunningham, City Clerk
COUNTY OF LAMAR
ATTEST:
Deane A. Loughmiller,
County Judge
Linda Sudduth, County Clerk
PARIS-LAMAR COUNTY HEALTH UNIT
Richard Bercher,
Board Chairman
M.D. ,
ATTEST:
M. Thomas Cutrell, M.D., Secretary
DOCTOR
Agnes B. Xavier, M.D.
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APPROVED AS TO FORM:
T. K. Haynes, City Attorney
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally
appeared Eric S. Clifford, Mayor of the City 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
November, 1989.
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
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
November, 1989.
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 Richard Bercher, Board Chairman of Par is-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.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this
November, 1989.
day of
Notary Public, State of Texas
Printed Name:
My commission expires:
STATE OF TEXAS 9
COUNTY OF LA~~R 9
BEFORE ME, the undersigned authority, on this day personally
appeared Dr. Agnes B. Xavier, 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
November, 1989.
Notary Public, State of Texas
Printed Name:
My commission expires:
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