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
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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
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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
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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
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