1993-106ORDINANCE NO. 3 ~o(O
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
DR. RANDY L. PARK, M.D., FOR PROFESSIONAL SERVICES RELATING TO
MEDICAL DIRECTOR OF EMS AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AN PROVIDING THE EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute an agreement
between the City of Denton and Dr. Randy Park, M.D., for professional services
relating to the Medical Director of EMS, under the terms and conditions contained
in said agreement, which is attached hereto and made a part hereof.
SECTION II. That the City Council hereby authorized the expenditure
of funds in the manner and amount as specified in the agreement.
SECTION III. That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the J ' day of
1992.
ATTEST:
arm W
R ALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY~ORNEY
BY:=~ ' ac
041.DOC
DATE: June 15, 1993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PROFESSIONAL SERVICES FOR MEDICAL DIRECTOR OF EMS
RECOMMENDATION: Council approve an agreement for medical director services in
an amount of $1,500. 00 per month through September 1993 then $1,916.66 per month
effective October 1, 1993 with Randy L. Park, M. D. This agreement has two (2) one
year extensions that maybe executed and any salary increases must be submitted in
time for consideration during the annual Fire Department budget process.
SUMMARY: Proposals were solicited for the position of Medical Director of the Denton
Fire Department Emergency Medical Service (EMS). 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 technicians and for supervising the
emergency medical service technicians. Randy L. Park, M. D. was the sole
respondent to RFP #1485 - Medical Director of EMS. The Fire Department desires to
enter into this agreement with Dr. Randy Park who has satisfactorily performed the
services of EMS Medical Director for the past 4 years.
BACKGROUND: Agreement between City of Denton and Randy L. Park, M.D.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Fire Department and Citizens
of the City of Denton.
FISCAL IMPACT: Special Services account #100-060-0053-8502.
pectfully s bmitt d
V. 'HArrell
City Manager
Prepared by:
Name : Melanie Harden
Title: Buyer
Approved:
Name: Tom D. Shaw, C. P.M.
Title: Purchasing Agent
aganda.388
THE STATE OF TEXAS * AGREEMENT FOR MEDICAL DIRECTOR
SERVICES BETWEEN THE CITY OF
COUNTY OF DENTON * DENTON AND RANDY L. PARK, M.D.
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. The CITY agrees to pay MEDICAL DIRECTOR for his
services a salary of $1,500 per month from the date of execution of
this agreement until September 30, 1993. MEDICAL DIRECTOR shall
devote a minimum of twenty (20) hours service per month.
B. Future compensation. On October 1, 1993, the salary of the
MEDICAL DIRECTOR shall be increased to $1,916.66 per month. MEDI-
CAL DIRECTOR shall continue to devote a minimum of twenty (20)
hours service per month. Any future increases in the MEDICAL DI-
RECTOR's salary will be considered in incremental advances with a
request and justification presented by the MEDICAL DIRECTOR to the
Fire Chief prior to the development of the Fire Department yearly
budget. Any request for salary increase shall be submitted prior
to March 1 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 Is 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 with the administration of Emergency Medical
Technician classes which are held by CITY's Fire Department
as needed.
7. Meet monthly with the Fire Department Assistant Chief
of EMS/Administration 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 said rules, pertaining 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.
12. Assist 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
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DIRECTOR fails 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.
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 this agreement shall be construed as
changing that status.
SECTION IV.
INDEMNIFICATION
A. Subject to the provisions of Subsection B, below, MEDICAL DI-
RECTOR 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 as a result of
MEDICAL DIRECTOR's conduct of any activity or operation in connec-
tion 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
negligence of CITY, its officers, agents, employees, or the negli-
gence of a person or persons not under the supervision or control
of MEDICAL DIRECTOR.
C. No provision of this agreement shall be interpreted to consti-
tute a waiver of the immunities or limits of liability granted to
CITY under the constitution and laws of the State of Texas, in-
cluding the Texas Tort Claims Act.
D. The MEDICAL DIRECTOR agrees to be responsible for maintaining
physician's malpractice insurance coverage in the following minimum
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 to CITY.
Page 3
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,
transfer or convey this agreement, in whole or in part, without the
prior written consent of CITY.
C. Notices. Any notice given by one party to the other in
connection with this agreement shall be in writing and shall be
sent by registered mail, return receipt requested, with postage and
registration fees prepaid, as follows:
If to the CITY
addressed to:
City manager
City of Denton
215 E. McKinney
Denton, Texas 76201
If to the MEDICAL DIRECTOR,
addressed to:
Randy Park, M.D.
4405 N. I-35
Emergency Department
Denton, Texas 76201
Notices shall be deemed to have been received on the date of
receipt as shown on the return receipt.
SECTION Vi.
TERM
This agreement shall be effective May 1, 1993 and terminate
April 30, 1994. The parties hereto agree that this agreement may
be thereafter extended for a period of two (2) additional one year
terms under the conditions set forth herein by notification ig
writing by the City Manager.
CITY OF
LLOYD'V. HAR
CITY MANAGER
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
A OVED A TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY • Q
MEDICAL DIR71w
BY.
Y PARK, M.D.
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