1990-012NOTE: AGREEMENT EXTENDED FOR ONE ADDITIONAL YEAR 1-1-92/12-31-92.
ORIGINAL AGREEMENT ATTACHED TO ORIGINAL FOR THE EXTENSION.
ORDINANCE NO. (J "
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMPLOYMENT
CONTRACT BETWEEN THE CITY OF DENTON AND RANDY PARK, M.D. FOR
PROFESSIONAL SERVICES RELATING TO THE CITY'S EMERGENCY MEDICAL
SERVICE PROGRAM; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute a contract with Randy Park, M.D., for professional medical
services as Medical Director of the City's Emergency Medical
Service technicians, a copy of which is attached hereto and
incorporated by reference herein.
SECTION II. That the City Council authorizes 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,` day of January, 1990.
RAY ST PF NS , YOR
l
ATTEST:
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NIFER A TERS CITY
SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
Randypar.ord
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
technicians and for supervising the emergency medical service
technicians; 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.
GENERAL
CITY hereby engages the professional services of Randy L.
Park, M.D. (MEDICAL DIRECTOR) as Medical Director of the Emergency
Medical Service Technicians of the CITY, to perform the duties and
responsibilities set forth in state law and in this agreement. The
CITY agrees to pay MEDICAL DIRECTOR, for his services an annual
salary of Twelve Thousand Dollars ($12,000.00), payable monthly,
for a minimum of twenty (20) hours' service per month.
SECTION II.
SERVICES
The MEDICAL DIRECTOR shall perform the following services for
the CITY's Emergency Medical Service Program (Program):
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 a continuing education
program for Denton Fire Department Emergency
Medical Services personnel.
3. Review records of ambulance runs and evaluate the
performance 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 Division
Commander/Operations and/or Emergency Medical
Services Coordinator 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 pertaining to MEDICAL DIRECTOR.
(The current rules are attached as Exhibit A.)
10. Comply with and fulfill all existing and future
requirements 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
Wellness Program.
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
performance 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.
2
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 damage received or sustained by any person or
property 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 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 liability
granted to CITY under the constitution and laws of the State
of Texas, including 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.
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
3
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. I-35
215 E. McKinney 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.
SECTION VI.
TERM
This Agreement shall be effective January 1, 1990 and
terminate December 31, 1990. The parties hereto agree that this
Agreement may be thereafter extended for two additional one year
terms by notification in writing from the City Manager.
CITY OF D9NTON, TEXAS
BY: G!J
YD V. HARRELL
TY MANAGER
ATTEST:
JENNIFER WA TER/S~, CITY SECRETARY,
BY %
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY : CJV
MEDICAL
BY:
4
CITY of DENTON, TEXAS 215 E. WKINNEY / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200
January 16, 1991
Randy Park, M.D.
2040 W. Oak
Denton, Texas 76201
Dear Dr. Park:
The City of Denton's contract agreement for services as Medical
Director to the EMS Division of the Fire Department expired on
December 31, 1990. Section VI - TERM, of the current contract
empowers the City Manager to renew the contract for a maximum of
two additional one-year terms by notification in writing.
I would like to apply our first one-year option for the renewal of
the contract agreement for the current calendar year beginning
January 1, 1991 and expiring December 31, 1991.
Should you have any questions regarding this matter, please
contact either myself or Chief Thomason.
Sincer,i~ly,
Lloyd V. Harrell, City Manager
City of Denton
LVH/bf
CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200
December 16, 1991
Randy Park, M.D.
2040 W. Oak
Denton, Texas 76201
Dear Dr. Park:
The City of Denton's contract agreement for services as Medical
Director to the EMS Division of the Fire Department will expire on
December 31, 1991. Section VI - TERM, of the current contract
empowers the City Manager to renew the contract for a maximum of
two additional one-year term by notification in writing.
I would like to apply our second one-year option for the renewal of
the contract agreement for the calendar year beginning January 1,
1992 and expiring December 31, 1992.
Should you have any questions regarding this matter, please contact
either myself or chief Thomason.
4.sincer y,
Harrell, Ci Manager
City of Denton
LVH/ks
FIRE DEPARTMENT
217 W. McKinney Street
Denton, Texas 76201
(817) 566-8110
CITY of DENTON, TEXAS
MEMO
TO: Lloyd Harrell, City Manager
FROM: James R. Thomason, Assistant Fire Chief
DATE: December 10, 1991
SUBJECT: CONTRACT FOR MEDICAL DIRECTOR FOR 1992
We wish to renew our contract with Dr. Randy Park as Medical
Director for the Fire Department for a one (1) year period to run
from January 1, 1992 to December 31, 1992.
According to our City Attorney's office, we need a letter from you
to Dr. Park stating that we wish to renew this contract for this
year.
At this time, we are not planning to make any changes to the
existing contract.
Your assistance in this matter is appreciated.
1
ames R. Thom son
Assistant Fire Chief
JRT/ks