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1989-084-RES WHEREAS, PARIS-LAMAR COUNTY RECOMMENDED CONTRACTING WITH NANCY PROFESSIONAL MEDICAL SERVICE RESOLUTION NO. 89-084 WHEREAS, The Paris-Lamar County recommended contracting with Nancy professional medical service to be Paris-Lamar County Health Unit; and, Board of Gonzalez, rendered Health M,D, 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 Nancy Gonzalez 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 Nancy Gonzalez, M.D., in the form of Exhibit A, attached hereto which is in all things approved. Passed and adopted on this the lOth day of July 1989. CITY OF PARIS E~~~~ ATTEST: ", ~ . , ~ ~ ~\..\..~ "CV'i.....:v..r'-'-' ~ / Mattie Cunnin~am, City lerk Passed and adopted on this the day of , 1989. Ro ert A. Burns, County Ju ge ATTEST: (\~\ . r \~ ~ ~ ~ .;--;- . f.....'\l.- 'iI. <'--.) \.... " . L 'I...U ..\ /, ~inda Sudduth, County Clerk Passed and adopted on this the 27th day of April, 1989. PARIS-LAMAR COUNTY HEALTH UNIT w~ . . -,,' .' .' MEDICAL SERVICES AGREEMENT , - COUNTY OF LAMAR STATE OF TEXAS s s 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, Robert A. Burns, 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 Nancy Gonzalez, 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 Administrator of the HEALTH UNIT is Anthony Bethel; 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: -1- EXHJBlIA .J SERVICES 1. (a) The DOCTOR shall perform such medical services as may .. ... ff-" 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 ene 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 30 hours per week. (d) The DOCTOR shall render sick call treatment to COUNTY's jail inmates at COUNTY's jail on week days, Monday through Friday. (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 ending the 30th day of September, 1989, unless terminated sooner by the terms whereof. -2- EQUIPMENT AND FACILITIES 3. The HEALTH UNIT shall provide an office and examination room on its premises at 740 6th S.W, Street, Paris, Tex.as;' for use by 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 nurses or other assistants to aid her in the treatment and examination of employees, inmates, and the public, and in the preparation of medical records and reports, where the use of such nurse, nurses or assistants will result in greater efficiency in caring out the duties of this agreement. HOURS 5. The DOCTOR shall be available for the treatment and examination of employees at the HEALTH UNIT I S facilities or COUNTY's jail facilities between the hours of 9:00 A.M. and 4:00 P.M. with one hour of the same being taken for lunch, rest and relaxation or as otherwise agreed which will provide for thirty -3- hours per week without regard to holidays. That is, in the event of a holiday, additional hours will be scheduled 9P non-holiday -.. ". ... days in order that the thirty hours per week of service may be rendered. In the event of clinics requiring DOCTOR to service more hours on a given day than contracted for, an adjustment on a subsequent day will be made so that DOCTOR's weekly service shall not exceed the average of thirty hours per week. COMPENSATION 6. For her services rendered hereunder, the DOCTOR shall be entitled to be paid at the annual rate of $47,000 with an allowance of $4,000 for health, disability, Life and personal accident insurance and an allowance of $8,030.00 for medical liability insurance, Such base fee at the annual rate of $47,000 shall be paid in bi-weekly amounts of $1,807.69, with pro rata payments for periods of less than two weeks. The DOCTOR shall further be entitled to 507. of the net Medicaid revenues generated by programs in which she participates in the delivery of treatment or service. 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 -4- 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 to additional compensation. 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 $750,000 per occurrence and $1,000,000 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 subj ect 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 assignable by the DOCTOR without the prior written consent of the CITY, COUNTY and HEALTH UNIT. -5- SUCCESSORS AND ASSIGNS .t;f" ........ .." ." 12. Subject to the provision regarding assignment, this agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective 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 shall be entitled to reasonable attorney's fees in addition 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. Executed at Paris, Texas, on the day and year first above written. CITY OF P4l{IS Eric S. Clifford, Mayor ATTEST: Mattie Cunningh~m, City ~lerk -6- COUNTY OF LAMAR ATTEST: .lJ.U .." .' Robert A. Burns, Cou~ty Judge -0 Linda Sudduth, County Clerk PARIS-LAMAR COUNTY HEALTH UNIT ATTEST: Richard Bercher, Board Chairman M.D., M. Thomas Cutrell, M.D., Secretary DOCTOR Nancy Gpnza1ez,'M:D: . APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE OF TEXAS S COUNTY OF LAMAR S 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 1989. -- Notary Fubiic, St:ate 'Of jexas Printed Name: My commission-expiresT, ~ -7- STATE OF TEXAS S COUNTY OF LAMAR 5 ......' BEFORE ME, the undersigned authority, on this ..cia:y" personally appeared Robert A. Burns, 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 p'rposes and consideration therein expressed, and in the capacit~_therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , 1989. day of Notary Public, State of Texas Printed Name: My commission expires: STATE OF TEXAS 5 COUNTY OF LAMAR S 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 , 1989. day of Notary Public, State of Texas Printed Name: My commission expires: STATE OF TEXAS 5 COUNTY OF LAMAR 5 BEFORE ME, the .undersigned authority, on this day personally appeared Dr. Nancy Gonzalez, 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 1989. Notary Pub i:i.~, Printed Name: My commission StAt'" of Texas. -- . ..... -8- expires "_ ..