04-D Med Serv Contract for Health Dept.
DRAFT
fattomeylresworklcurrentlPlummer Med Serv Contract Res 2007-08
September 4, 2007
RESOLUTION NO.
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THE COMMISSIONERS COURT, LAMAR COUNTY,
TEXAS, AND THE PARIS-LAMAR COUNTY HEALTH DEPARTMENT,
ACTING BY AND THROUGH THE PARIS-LAMAR COUNTY BOARD OF
HEAL TH, AUTHORIZING THE EXECUTION OF A MEDICAL SERVICES
CONTRACT WITH JON K. PLUMMER, M.D.; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Paris and the County of Lamar provide funding, along with the State
of Texas, for certain public health services for the needy through the Paris-Lamar County Health
Department; and,
WHEREAS, in the continuing effort to provide the best health care possible, the City of
Paris, the County of Lamar, and the Paris-Lamar County Health Department are desirous of
contracting with Jon K. Plummer, M.D., a physician licensed to practice medicine in the State of
Texas, to provide professional medical services and direction to the Paris-Lamar County Health
Department; and,
WHEREAS, the form of the Medical Services Contract, attached hereto as Exhibit A,
should, in all things, be approved, and the City Manager of the City of Paris, the County Judge of
Lamar County, and the Chairman of the Paris-Lamar County Board of Health should be authorized
to execute the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, THE COUNTY COMMISSIONERS OF THE COUNTY OF LAMAR,
TEXAS, AND THE PARIS-LAMAR COUNTY BOARD OF HEALTH:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the form of the Medical Services Contract with Jon K. Plummer, M.D.,
attached hereto as Exhibit A, be, and the same is hereby, approved.
Section 3. That the City Manager of the City of Paris, the County Judge of Lamar County,
and the Chairman ofthe Paris-Lamar County Board of Health, be, and they are hereby, authorized
and directed to execute, on behalf of the City of Paris, the County of Lamar, and the Paris-Lamar
County Health Department, respectively, a Medical Services Contract with Jon K. Plummer, M.D.,
under the terms and conditions and in the form shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 10th day of September, 2007.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar City Attorney
APPROVED by the Commissioners Court of Lamar County, Texas, by adoption of the
above Resolution on the _ day of , 2007.
M. Charles Superville, County Judge
Lamar County Commissioner, Pet 1
Lamar County Commissioner, Pet 2
Lamar County Commissioner, Pet 3
Lamar County Commissioner, Pet 4
ATTEST:
County Clerk
MEDICAL SERVICES CONTRACT
STATE OF TEXAS )
)
COUNTY OF LAMAR )
THIS AGREEMENT, made this 10th day of September, 2007, by and between the CITY
OF PARIS, TEXAS, acting by and through its City Manager, Kevin Carruth, duly authorized,
(hereinafter "CITY"), the COUNTY OF LAMAR, acting by and through its County Judge, M.
Charles Superville, duly authorized, (hereinafter "COUNTY"), the PARIS-LAMAR COUNTY
HEALTH DEPARTMENT, acting by and through the Paris-Lamar County Board of Health
Chairman, Wallace E. Kraft, D.V.M., duly authorized, (hereinafter" HEALTH DEPARTMENT"),
and JON K. PLUMMER, M.D. whose address is 1128 Clarksville, Suite 100, Paris, Texas 75460,
(hereinafter "PHYSICIAN").
WHEREAS, CITY and COUNTY provide funding, along with the State of Texas, for certain
public health services for the needy through the Paris-Lamar County Health Department; and
WHEREAS, the CITY and COUNTY require the services of a licensed medical doctor to
provide medical direction and medical supervision for the HEALTH DEPARTMENT; and,
WHEREAS, Jon K. Plummer, M.D., a licensed physician in the State of Texas has agreed
to provide these services pursuant to the following terms and conditions set out herein;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, that the CITY, COUNTY, HEALTH DEPARTMENT, and the
PHYSICIAN do hereby contract and agree as follows:
Medical Services Contract - Pal!e 1
EXHIBIT A.
1. PROFESSIONAL SERVICES AND TERM
That PHYSICIAN is to provide professional medical service and direction to HEALTH
DEPARTMENT for the period beginning October 1,2007, and ending September 30,2008, which
shall be the term of the contract. These professional services shall be provided on a part time basis
as provided herein.
2. PHYSICIAN'S PRINCIPAL DUTIES AND RESPONSIBILITIES
That PHYSICIAN shall provide medical direction for HEALTH DEPARTMENT's healthcare
activities and consultation for and medical supervision of the healthcare staff; and, in conjunction
with the Nurse Practitioner, PHYSICIAN shall participate and assure participation of other
physicians in developing, executing, and periodically reviewing the HEALTH DEPARTMENT's
written policies, practices and services provided to patients; and, PHYSICIAN shall perform a
weekly review often percent (10%) of HEAL TH DEP AR TMENT's patient records, provide medical
orders, and provide medical care services to patients at the clinic; and, PHYSICIAN shall assure
physician coverage to provide medical direction, medical care services, consultation, and
supervision; and, PHYSICIAN shall assure availability of a physician through direct
telecommunication for consultation, assistance with medical emergencies or patient referral, and for
a daily status report; and, PHYSICIAN shall provide an average often (10) hours per month medical
administrative direction for the Rural Health Clinic during the term of this contract.
3. SUPPORT PERSONNEL, SUPPLIES, EQUIPMENT
The CITY, COUNTY, or HEALTH DEPARTMENT shall supply PHYSICIAN with all
support personnel, supplies, and equipment reasonably necessary for the proper performance ofthese
duties.
Medical Services Contract - Pal!C 2
4. SALARY
That the compensation for said PHYSICIAN for the entire term of this contract will be
$25,000.00, payable monthly in twelve (12) equal installments.
5. PROFESSIONAL LIABILITY INSURANCE COVERAGE
That PHYSICIAN shall obtain and carry, at no cost to CITY, COUNTY, or HEALTH
DEPARTMENT, professional liability insurance covering PHYSICIAN's professional conduct and
nurse supervision in the minimum amounts of $500,000.00 per occurrence and $1,000,000.00
aggregate, and shall maintain the same in force throughout the term of this contract.
6. NO FAULT CANCELLATION
That either party hereto may terminate this contract by giving the other party sixty (60) days
notice, in writing, of such intention. In the event that PHYSICIAN is prevented from performing
under this contract due to a permanent disability, this contract is canceled and held for naught.
7. BREACH OF CONTRACT
That, in the event PHYSICIAN fails to provide professional medical services and! or medical
direction to the HEALTH DEP AR TMENT as provided in this Agreement 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 PHYSICIAN to respond in damages in the amount of
$5,000.00 to the HEALTH DEPARTMENT.
8. 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.
Medical Services Contract - Pal!.e 3
9. GOVERNING LAW
That the validity ofthis 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, and exclusive
venue shall lie in Lamar County, Texas.
Executed at Paris, Texas, on the dates shown in the acknowledgments below.
CITY OF PARIS, PARIS, TEXAS
By:
Kevin Carruth, City Manager
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
COUNTY OF LAMAR
By:
M. Charles Superville, County Judge
ATTEST:
County Clerk
PARIS-LAMAR COUNTY HEALTH
DEPARTMENT
By:
Wallace E. Kraft, D.V.M., Board Chairman
ATTEST:
Anthony Bethel, Director
Medical Services Contract - Pal!C 4
PHYSICIAN
Jon K. Plummer, M.D.
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared KEVIN
CARRUTH, 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 10 day of September 2007.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared M. CHARLES
SUPERVILLE, 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 OFFICE, this _ day of
2007.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared WALLACE E.
KRAFT, D.V.M., 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.
Medical Services Contract - Pal!e 5
2007.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared JON K.
PLUMMER, M.D., 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
2007.
Notary Public, State of Texas
Medical Services Contract - Pae:e 6