2012-005 RES REPLACEMENT OF DR EDUARDO WILKINSON WITH DR SHARON MALONE AS NEW MEDICAL DIRECTOR OF EMS OF COPRESOLUTION N0. 2012-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
ACCEPTING THE REPLACEMENT OF DR. EDUARDO WILKINSON AS
MEDICAL DIRECTOR OF THE EMERGENCY MEDICAL SERVICE OF THE
CITY OF PARIS; APPOINTING DR. SHARON MALONE TO SERVE AS
MEDICAL DIRECTOR FOR THE EMERGENCY MEDICAL SERVICE OF THE
CITY OF PARIS; APPROVING AND AUTHORIZING THE EXECUTION OF AN
EMS MEDICAL CONTROL AGREEMENT WITH DR. SHARON MALONE;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, in accordance with Chapter 773 of the Texas Health & Safety Code and
Title 25, Part 1, Chapter 157 of the Texas Administrative Code and Title 22, Part 9, Chapter
197 of the Texas Administrative Code, the Emergency Medical Services Department of the
City of Paris is required to contract with a licensed medical doctor to provide EMS medical
direction to the City's Emergency Medical Services Operation; and,
WHEREAS, Dr. Eduardo Wilkinson has served as the EMS Medical Director since
April 1, 2008. He has since opened his medical practice in Richardson, and is no longer
able to meet the requirements of the contract, and Dr. Malone is the Medical Director for
Paris Junior College EMS Program and is and experienced EMS Medical Director and is very
capable of helping Paris EMS maintain a quality EMS program. She has agreed to serve as
the new medical director; and,
WHEREAS, an EMS Medical Control Performance Agreement with Dr. Sharon
Malone, attached hereto and incorporated herein as Exhibit "A", should, in all things be
approved, and the Interim City Manager be, and is hereby authorized to execute the
agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. That the replacement of Dr. Wilkinson as Medical Director for the
Emergency Medical Service of the City of Paris be, and is hereby, accepted, with deep
appreciation for the invaluable service which he rendered the citizens of the city of Paris.
Section 3. That beginning February 1, 2012, Dr. Sharon Malone be, and is hereby,
appointed as Medical Director for the Emergency Medical Service Department of the City of
Paris, and she is empowered to perform the duties and obligations enumerated by the laws
of the State of Texas and as also set forth in the Agreement attached hereto and
incorporated herein as Exhibit "A".
Section 4. That an EMS Medical Control Agreement with Dr. Sharon Malone,
attached hereto as Exhibit "A", be, and is hereby approved.
Section 5. That the Interim City Manager be, and is hereby, authorized and
directed to execute and the City Clerk to attest, on behalf of the City of Paris, the EMS
Medical Control Agreement, substantially in accordance with the terms and conditions and
in the form shown in Exhibit "A", attached hereto.
Section 3. This resolution shall be effective immediately upon passage.
DULY PASSED AND APPROVED this 23rd day of January, 2012.
ATTEST:
nice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, i Attorney
EMS MEDICAL CONTROL
PERFORMANCE AGREEMENT
STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR )
This Agreement is made and entered into the 1 st day of February, 2012, between CITY
OF PARIS EMERGENCY MEDICAL SERVICE, hereinafter referred to as "CITY," and Sharon
Malone, M.D., hereinafter referred to as "PHYSICIAN", (collectively "Parties").
WITNESSETH
WHEREAS, it is agreed by the aforementioned Parties to be of mutual interest and
advantage that Dr. Sharon Malone will provide EMS Medical Direction to CITY as defined and
required in Chapter 773 of the Health Code of the State of Texas, Texas Administrative Code
chapter 197, and Texas Administrative Code Chapter 157; and,
WHEREAS, CITY agrees to budget and pay PHYSICIAN $12,000 annually, payable
monthly, to Dr. Malone for providing EMS Medical Control services.
THEREFORE, Dr. Malone on this date effects the following agreement with the CITY
to obtain funding to provide CITY with EMS Medical Control.
1.
RESPONSIBILITIES OF MEDICAL DIRECTOR
1. Provide EMS Medical Director Services
Dr. Malone shall provide EMS Medical Director Services for the Emergency Medical
Services Department of the City of Paris as defined in Chapter 773 of the Texas
Health and Safety Code of the State of Texas, Texas Administrative Code Chapter
197, and Texas Administrative Code Chapter 157.
Patient care policies, protocols, and procedures will be established and continually
upgraded by Dr. Malone with collaboration and cooperation of the CITY
Administration, the CITY EMS DIRECTOR, and the CITY EMS Training
Coordinator.
Off-line Medical Control will be established by policies, protocols, and procedures.
On-line Medical Control will be coordinated with the on-duty Emergency Department
physicians at Paris Regional Medical Center Hospital.
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EXHIBIT k
2. Provide Continuous Quality Improvement
Dr. Malone shall direct, approve, and oversee all Quality Improvement activities.
Methods of Continuous Quality Improvement will include chart audits, EMS training
officer observations, exception reports, ED Physician feedback, educational
programs, protocol testing, skills testing, random surveys, and organized research
activities.
Dr. Malone will develop immediate action plans for sentinel events which are defined
as resuscitation cases, no transports, patient or family complaints, high risk
procedures such as cricothyrotomy, chest decompression, intraosseous placement,
rapid sequence induction, narcotic administration, adverse outcomes, and
communication failures.
In addition, Dr. Malone will see that 10% of each EMS certificant's patient charts are
audited bi-monthly. Dr. Malone will arrange for assistance in Continuous Quality
Improvement gathering if calls run more than 75 days behind processing. This
assistance will be provided at no extra cost to Dr. Malone.
Dr. Malone will also oversee the operation of an ad hoc peer review committee made
up of three CITY paramedics, two first responders, and one ED Nurse.
3. Approve Continuing Education Programs
Dr. Malone shall approve continuing education based on Continuous Quality
Improvement parameters and individual improvement programs. Dr. Malone will
develop specialized programs and implement them as needed through the office of the
City of Paris EMS Training Coordinator.
4. Representation
Dr. Malone will be required to attend the Ad Hoc Peer Review meetings when
scheduled. Periodic and special requested attendance will be required for Medical
Staff ineetings at Paris Regional Medical Center, Emergency Department
Committees, and CITY Council meetings as well as any other matters requiring the
involvement of the Medical Director. Dr. Malone will provide information on
Continuous Quality Improvement for local concern and customization of policies,
protocols, and procedures.
5. Accountability
Dr. Malone is accountable and responsible for all patient care protocols the extension,
limitations of extension, or removal of authority to any EMS provider in the CITY EMS
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System to provide emergency medical care. Dr. Malone will also understand this
Agreement is a Performance Contract.
II.
RESPONSIBILITIES OF CITY
The CITY shall:
1. Provide an EMS Training Coordinator to organize and carry out action plans of
continuous quality improvement and comprehensive and relevant continuing education
programs.
2. Provide adequate notice for meetings and deadlines.
3. Provide $12,000 in funding annually, payable in equal monthly installments of $1,000,
for EMS Medical Control.
4. The City shall provide malpractice insurance in the amount of $5,000,000 through the
City's insurance carrier.
5. Provide space at a City facility for the review of calls, development of protocols and
policies. Office functions such as printing, copying, mailing, email, office supplies shall
be supplied.
6. Provide the EMS Medical Director with an official uniform with appropriate badge and
patches.
7. Provide the EMS Medical Director a portable radio far communication with EMS
resources.
8. Provide the EMS Medical Directar with training funds for personal EMS Medical
Director development.
9. Pay annual association dues to the Texas EMS Medical Directors.
III.
RESPONSIBILITIES OF CITY AND DR MALONE
City and Dr. Malone shall:
1. Agree on the amount of annual funding, with the ultimate decision being that of CITY.
2. Agree to customize protocols, policies, and procedures based on local emphasis and
patient need.
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IV.
TERM OF AGREEMENT
This Agreement shall be effective on February 01, and end on January 31; provided that
this Agreement shall renew annually on February 1 of each year upon written agreement
signed by both Parties which sets the compensation amounts. Any renewals hereof shall
be subject to all other provisions of this agreement. This Agreement may be terminated at
any time by either Party by giving written notice to the other Party ninety (90) days priar
to termination, during any ninety (90) days' notice period pursuant to this Agreement, the
parties will continue to provide services designated herein without any diminution of said
services, and Dr. Malone will cooperate with any new provider to ensure the smooth
transition of these services to the new provider. Dr. Malone will be entitled to
remuneration in an amount equal to the then monthly sum pursuant to this agreement and
any written extension hereof.
V.
COPYRIGHT
All forms of public information and advertising, direct or indirect, utilized by
PHYSICIAN shall be approved in advance by mutual agreement of CITY and PHYSICIAN.
CITY shall not unreasonably withhold its approval of advertising or public relations programs
and materials developed by PHYSICIAN to promote his reputation, or to jointly promote the
goodwill and reputation of the System in the local and regional area. Promotion and publicity of
advertisements about the System shall represent the interests of CITY and the provision of
quality medical care by the System. Use of trademarks or information of CITY or PHYSICIAN
shall be only upon mutual agreement of the Parties, and such use shall not imbue the other Party
with any ownership rights of such trademarks and/or other information.
VI.
ENTIRE AGREEMENT
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 whicb is not contained
herein shall be valid or binding.
VII.
ASSIGNMENT
Neither this Agreement nor any duties or obligations contained herein may be assigned or
delegated to another person or entity by PHYSICIAN without the prior approval of the Paris City
Council and written authorization by the Paris City Manager.
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VIII.
ATTORNEY'S FEES
If any action at law or equity is brought to enfarce 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.
IX.
TEXAS LAW TO APPLY
This Agreement shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Lamar County,
Texas; therefore exclusive venue for any disputes arising from this Agreement shall be in Lamar
County, Texas.
X.
AMENDMENT
This Agreement may be amended only by the mutual agreement of the parties hereto set
out in writing and signed by an authorized representative of each party.
XI.
LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this Agreement shall, for any
reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall be construed as if such invalid, illegal, or unenforceable provisions has
never been contained herein.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiple
originals.
CITY OF PARIS, TEXAS
By:
ATTEST:
Janice Ellis, City Clerk
Gene Anderson, City Manager
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APPROVED AS TO FORM:
Kent McIlyar, City Attorney
PHYSICIAN/EMS MEDICAL DIRECTOR
Dr. Sharon Malone, M.D.
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared Gene
Anderson, City Manager 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 23rd day of January, 2012.
Notary Public, State of Texas
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared Dr. Sharon
Malone, 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 23rd day of January, 2012.
Notary Public, State of Texas
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