02-G EMS Medical Dir ContractDRAFT
F:kAttorney\LisakResolutions\CURRENT\EMS Med Dir Contract Res 2003.wpd
April 17, 2003
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, REAPPOINTING GLEB BOURIANOFF 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.
GLEB BOURIANOFF; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, in accordance with the Amended Agreement between the City of Paris, L.P.
McCuistion Community Hospital, and St. Joseph's Hospital and Health Center, dated September
10, 1990, the City of Paris is responsible for the appointment of one or more physicians, from
either or both of the staffs of the respective hospitals, to serve as medical director or co-medical
directors for the Emergency Medical Service of the City of Paris; and,
WHEREAS, Dr. Gleb Bourianoffhas served as medical director since April 8, 2002, and
has agreed to continue serving; and,
WHEREAS, an EMS Medical Control Performance Agreement with Dr. Gleb
Bourianoff, attached hereto as Exhibit A, should, in all things be approved, and the Mayor
should be authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That Dr. Gleb Bourianoffbe, and he is hereby, reappointed to serve as medical
director for the Emergency Medical Service of the City of Paris, and he is empowered to
perform the duties and obligations enumerated in the laws of the State of Texas.
Section 3. That an EMS Medical Control Agreement with Dr. Gleb Bourianoff, attached
hereto as Exhibit A, be, and the same is hereby, approved.
Section 4. That the Mayor be, and he 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,
under the terms and conditions and in the form shown in Exhibit A, attached hereto.
Section 5. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 28th day of April, 2003.
ATTEST:
Michael J. Pfiester, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
EMS MEDICAL CONTROL
PERFORMANCE AGREEMENT
STATE OF TEXAS
COUNTY OF LAMAR
KNOW ALL MEN BY THESE PRESENTS:
This Agreement is made and entered into the 28th day of April, 2003, between CITY OF
PARIS EMERGENCY MEDICAL SERVICE, hereinafter referred to as "CITY," and GLEB
BOURIANOFF, M.D., hereinafter referred to as "Dr. Bourianoff", (collectively "Parties").
WITNESSETH
WHEREAS, it is agreed by the aforementioned Parties to be of mutual interest and advantage
that Dr. Bourianoffwill 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 provide $9,000.00 annually of funding, payable monthly, to Dr.
Bourianoff for providing EMS Medical Control services.
THEREFORE, Dr. Bourianoff on this date effects the following agreement with CITY to
obtain funding to provide CITY with EMS Medical Control.
RESPONSIBILITIES OF DR. BOURIANOFF
A. Provide EMS Medical Direction
Dr. Bourianoff shall provide EMS Medical Direction for the City of Paris as defined in
Chapter 773 of the 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. Bourianoffwith collaboration and cooperation of the CITY Administration, the CITY
EMS Advisory Board, 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 physician at
CHRISTUS St. Joseph's Hospital's north and south campuses.
EXHIBIT A
B. Provide Continuous Quality Improvement
Dr. Bourianoffshall direct, approve, and oversee all Quality Improvement activities. Methods
of Continuous Quality Improvement will include chart audits, EMS training officer
observations, exception reports, ED Nurse feedback, educational programs, protocol testing,
skills testing, random surveys, and organized research activities.
Dr. Bourianoffwill 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. Bourianoff will see that 10% of each EMS certificant's patient charts are
audited bi-monthly. Dr. Bourianoff 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. Bourianoff.
Dr. Bourianoffwill also oversee the operation of an ad hoc peer review committee made up
of three CITY paramedics, two first responders, and one ED Nurse.
C. Approve Continuing Education Programs
Dr. Bourianoffshall approve continuing education based on Continuous Quality Improvement
parameters and individual improvement programs. Dr. Bourianoffwill develop specialized
programs and implement them as needed through the office of the City of Paris EMS Training
Coordinator.
D. Representation
Dr. Bourianoff will be required to attend the CITY EMS Advisory Board Meetings on a
quarterly basis. Periodic and special requested attendance will be required for Medical Staff
meetings at CHRISTUS St. Joseph's Hospital's north and south campuses, Emergency
Department Committees, and CITY Council meetings as well as any other matters requiring
the involvement of the Medical Director. Dr. Bourianoff will provide information on
Continuous Quality Improvement for local concern and customization of policies, protocols,
and procedures.
E. Accountability
Dr. Bourianoff is accountable and responsible for all patient care protocols, policies, and
procedures and the extension, limitations of extension, or removal of authority to any EMS
provider in the CITY EMS System to provide emergency medical care. Dr. Bourianoffwill
also understand this Agreement is a Performance Contract.
Dr. Bourianoffmust carry standard malpractice insurance at a rate commensurate with current
Medical Doctors in the State of Texas. Dr. Bourianoff will be covered under the CITY's
liability insurance policy for duties detailed in this contract that are strictly related to EMS
Medical Direction.
ii.
RESPONSIBILITIES OF CITY
The CITY shall:
provide an EMS Training Coordinator to organize and carry out action plans of continuous
quality improvement and comprehensive and relevant continuing education programs.
B. provide adequate notice for meetings and deadlines.
provide $9,000 in funding annually, payable monthly in equal installments of $750.00, for
EMS Medical Control.
iii.
RESPONSIBILITIES OF CITY AND DR. BOURIANOFF
CITY and DR. BOURIANOFF shall:
A. Agree on the amount of annual funding, with the ultimate decision being that of CITY.
Agree to customize protocols, policies, and procedures based on local emphasis and patient
need.
IV.
TERM OF AGREEMENT
This Agreement shall be effective on May 1, 2003, and end on April 30, 2004; provided that
this Agreement shall renew annually on May 1 of each year upon written agreement signed by both
Parties which sets the compensation amounts. If no changes in compensation are necessary, no such
written agreement will be required, and this Agreement will be automatically renewed for the next
ensuing year of service. 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 prior 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. Bourianoffwill cooperate with any new provider to ensure
the smooth transition of these services to the new provider. Dr. Bourianoff will be entitled to
remuneration in an amount equal to the then monthly sum pursuant to this Agreement and any written
extension hereof.
COPYRIGHT
All forms of public information and advertising, direct or indirect, utilized by Dr. Bourianoff
shall be approved in advance by mutual agreement of CITY and Dr. Bourianoff. CITY shall not
unreasonably withhold its approval of advertising or public relations programs and materials
developed by Dr. Bourianoff to promote its 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 Dr. Bourianoff 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 which is not contained herein shall be valid
or binding.
VII.
ASSIGNMENT
Neither this Agreement nor any duties or obligations hereunder shall be assignable by Dr.
Bourianoff.
VIII.
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.
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.
AMENDMENT
This Agreement shall be amended by the mutual agreement of the parties hereto in writing to
be attached to and incorporated into this Agreement.
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, PARIS, TEXAS
ATTEST:
By:
Michael J. Pfiester, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
DR. BOURIANOFF
Gleb Bourianoff, M.D.
STATE OF TEXAS
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared Michael J. Pfiester,
Mayor 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 28th day of April, 2003.
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned
Notary Public, State of Texas
authority, on this day personally appeared Dr. Gleb
Bourianoff, 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
2003.
__ day of
Notary Public, State of Texas