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1996-162 ORDINANCE NO ~ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR MEDICAL DIRECTOR SERVICES BETWEEN THE CITY OF DENTON AND RANDY L PARK, M D , AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDINGAN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ECTION I That the City Manager is hereby authorized to execute an Agreement for Medical Dzrector Servzces between the City of Denton and Randy L Park, M D , a copy of which zs attached hereto and zncorporated by reference herein SECTION II That the expendIture of funds as required in the attached agreement is hereby authorzzed SECTION III That thzs ordinance shall become effective zmmedzately upon its passage and approval PASSED AND APPROVED th~s the f~- day of ~__, 1996 GAC~/MIBBER, V~YOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY THE STATE OF TEXAS * AGREEMENT FOR MEDICAL DIRECTOR SERVICES BETWEEN THE CITY OF COUNTY OF DENTON * DENTON AND RANDY L P~.RK, M D Agreement is made and entered into as of the ~__ day of , 1996, by and between the City of Denton~ a Texas municipal corporation, with its principal office at 215 East McKlnney, Denton, Denton County, Texas, hereinafter referred to as "City" and Randy L Park, M D , hereinafter referred to as "Medical Director" WHEREAS, Chapter 197 of the Medical Practices Act provides that each facility providing emergency medical service should have a physician licensed by the State of Texas who is responsible for certifying the skills of the CITY's emergency medical service tech- nicians and for supervising the emergency medical service techni- cians, and WHEREAS, the CITY and Randy L Park, M D wish to enter into an agreement providing for Park's professional services, NOW, THEREFORE, the parties hereto agree as follows SECTION I. CONSIDERATION A. Compensation. CITY hereby engages the professional ser- vices of Randy L Park, M D (MEDICAL DIRECTOR) as Medical Director of the Emergency Medical Service Technicians of the CITY, to per- form the duties and responsibilities set forth in state law and in this agreement MEDICAL DIRECTOR shall perform all services as an lndegendsnt contractor with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The CITY agrees to pay MEDICAL DIRECTOR for his services a salary of $2,000 9er month from the date of execu- tion of this agreement until September 30, 1997 MEDICAL DIRECTOR shall devote a minimum of twenty (20) hours service per month to his duties hereunder B. Future compensation. MEDICAL DIRECTOR shall continue to devote a minimum of twenty (20) hours service per month Any future Increases in the MEDICAL DIRECTOR's salary will be con- sldered in incremental advances with a request and ]ustlflcat~on presented by the MEDICAL DIRECTOR to the Fire Chief prior to the development of the Fire Department yearly budget and approved by the City Manager or the City Council in accordance with fiscal approval policies Any request for salary increase shall be submitted prior to March i of the year preceding the requested increase provided, however, no salary increase shall be in excess of 25% of the MEDICAL DIRECTOR'S salary at the time the request for an increase is submitted SECTION II. SERVICES The MEDICAL DIRECTOR shall perform all services enumerated in MEDICAL DIRECTOR's proposal for the position of MEDICAL DIRECTOR, which is attached hereto as Addendum A and made a part hereof, for the CITY's Emergency Medical Services Program (Program) These services shall include, but are not limited, to the following 1 Periodically review, evaluate, and update the emergency medical services protocols to be used by paramedics and EMTs in the field as directed by MEDICAL DIRECTOR 2 Establish and administer, and teach in the continuing education program for Denton Fire Department Emergency Medical Services personnel 3 Review records of ambulance runs and evaluate the per- formance of Denton Fire Department paramedics through such means as in-service examinations, advanced skills testing and ride/out evaluations 4 Evaluate and periodically update Denton Fire Department Emergency Medical Services field procedures 5 Interact with area physicians and inform them of any changes in procedures and answer any questions they may have regarding the Program 6 Assist w~th the administration of Emergency Medical Techniclan classes which are held by CITY's Fire Department as,needed. 7 Meet monthly with the Fire Department Assistant Chief of EMS/Adm~n~stratlon and Emergency Medical Services Pro- gram Manager to discuss, evaluate and direct the operations of the Program 8 Prepare an annual report for presentation to CITY's City Council on the past year's performance of the Program and the present and future needs of the Program 9 Comply with and fulfill all existing requirements of Chapter 197 of the State Board of Medical Examiners rules, and any future changes to sa~d rules, pertalnlng to MEDICAL DIRECTOR (The current rules are attached as Exhibit A ) 10 Comply with and fulfill all existing and future re- quirements of the State Board of Health's rules concerning a MEDICAL DIRECTOR 11 Approve patient care equipment Page 2 12 Asslst in the development of the Fire Department Well- ness Program 13 Provide a minimum of one-half hour notice to appropriate CITY Fire Department personnel in the event MEDICAL DIRECTOR cancels any class scheduled pursuant to MEDICAL DIRECTOR'S ser- vices as provided in this Agreement, and in the event MEDICAL DIRECTOR falls to provide this notice of class cancellation more than five (5) times within a calendar year, MEDICAL DIR- ECTOR agrees that CITY may withhold a portion or all of one (1) month's salary of DIRECTOR SECTION III. INDEPENDENT CONTRACTOR The status of MEDICAL DIRECTOR performing work related to this agreement shall be that of an Independent Contractor and not an agent, servant, employee, or representative of CITY in the perfor- mance of the Services No term or provision of, or act of MEDICAL DIRECTOR or CITY under th~s agreement shall be construed as changing that status SECTION IV. INDEMNIFICATION A Subject to the provisions of Subsection B, below, MEDICAL DIRECTOR shall indemnify, defend, and hold harmless CITY and all of its officers, agents, and employees from any suits, actions, or claim whatsoever that might arise on account of any injury or dam- age received or sustained by any person or property, including without limitation bodily injury or death, as a result of MEDICAL DIRECTOR's conduct of any activity or operation in connection with MEDICAL DIRECTOR's provision of services required under this Agreement B MEDICAL DIRECTOR shall not be obligated to indemnify, defend, or hold harmless CITY or any of its officers, agents, or employees when the injury or damage to a person or property is caused by the sole negligence of CITY, its officers, agents, employees, or the negligence of a person or persons not under the supervision or control of MEDICAL DIRECTOR C No provision of this agreement shall be interpreted to constitute a waiver of the immunities or limits of l~ablllty or other defenses at law or equity granted to CITY under the constitution and laws of the State of Texas, including the Texas Tort Claims Act D The MEDICAL DIRECTOR shall maintain physician's malpractice insurance coverage w~th an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency which insurance company has a rating with Best Rated Carriers of at least an A- or above, in the following minimum Page 3 limits $2,000,000 per occurrence MEDICAL DIRECTOR shall provide a copy of the policy to CITY and any such policy shall provide at least fifteen (15) days notice of cancellation or change 1n policy terms to CITY. SECTION V. MISCELLANEOUS A. Entire Agreement. This agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein, and except as otherwise provided herein, cannot be modified without written agreement of the parties B. Assignment. MEDICAL DIRECTOR shall not sell, assign, trans- fer or convey th~s agreement, ~n whole or in part, without the prior written consent of CITY C. No~iaes. Any notice given by one party to the other ~n connection with th~s agreement shall be in writing and shall be sent by registered mail, return receipt requested, w~th postage and registration fees prepaid, as follows If to the CITY If to the MEDICAL DIRECTOR, addressed to addressed to City Manager Randy Park, M D City of Denton 4405 N 1-35 215 E McK~nney Emergency Department Denton, Texas 76201 Denton, Texas 76201 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt D. Termination. The CITY may terminate th~s Agreement by giving MEDICAL DIRECTOR sixty (60) days advance written notice This Agreement may be terminated in whole or in part in the event either party substantially falls to fulfill 1ts obligations under th~s Agreement No such termination will be affected unless the breaching party is given (1) written not~ce of ~ntent to terminate setting forth the reasons specifying the nonperformance, (2) not less than thirty (30) calendar days to cure the failure, and (3) an opportunity for consultation with the terminating party prior to termination. SECTION VI. TERM This agreement shall be effective July 16, 1996 and terminate September 30, 1997, unless sooner terminated ~n accordance w~th the terms hereof or extended by mutual agreement of the part~es The part~es hereto agree that this agreement may be thereafter extended Page 4 for a period of two (2) addItional one year terms under the conditions set forth hereln by notIfication in wrltlng by the City Manager Executed by the parties on thlS/~dday of ~, 1996 CITY OF DENTON, TEXAS CITY MANAGER ATTEST. JE~IFER W~TERS, CITY SECRETLY APPRO~D ~ TO LEG~ FO~. HERBERT L PRO~Y, CITY ATTO~EY MEDIC~ DIRECTOR a \medical k Page 5