HomeMy WebLinkAboutO-1998-2270
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ORDINANCE NO. 98-2270
AN ORDJ:NANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND DR. OSCAR BOULTINGHOUSE, M.D., TO SERVE AS MEDICAL
DIRECTOR OF THE DIVISION OF EMERGENCY MEDICAL SERVICES OF THE CITY
OF LA PORTE; XAKING VARJ:OUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FJ:NDING COMPLIANCE WJ:TH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking descr ibed in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
Ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the pUblic as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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ORDINANCE NO. 98- 2270
e ORIG~NAl
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PASSED AND APPROVED, this 10th day of August, 1998.
ATTEST:
CITY OF LA PORTE
By: ~~
Mayor
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CONTRACT FOR MEDICAL DIRECTOR
DMSION OF EMERGENCY MEDICAL SERVICES
CITY OF LA PORTE, TEXAS
This Contract entered into this the 1st day of September, 1998, by and between the
City of La Porte, Texas, a municipal corporation (hereinafter called "City") acting by and
through its duly authorized City Manager, and Dr. Oscar Boultinghouse, M.D.,
(hereinafter sometimes called "Dr. Boultinghouse"),
WITNESSETH:
WHEREAS, there is a recognized need to provide high quality emergency
medical services and related medical care in the City of La Porte, Texas; and
WHEREAS, the City desires to provide medical direction for its Division of
Emergency Medical Services through the use of a licensed physician; and
WHEREAS, the City desires to contract with Dr. Boultinghouse to serve as
Medical Director for the Division of Emergency Medical Services of the City and Dr.
Boultinghouse is willing to serve as Medical Director under the terms and conditions
stated herein;
NOW, THEREFORE, in consideration of the premises, the agreements herein
contained and other and valuable consideration, receipt of which is hereby
acknowledged, the parties hereby agree as follows:
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I.
MEDICAL DIRECTOR: Dr. Boultinghouse hereby contracts with the City
as an independent contractor to serve as Medical Director of the Division of the
Emergency Medical Services of the City (the "Medical Director") for the term stated
below.
n.
RESPONSffiILITIES AND AUTHORITY OF MEDICAL DIRECTOR:
The responsibilities and authority of the Medical Director shall be as follows:
A. General
(1) Ultimate responsibility for all medical issues concerning the City Division
of Emergency Medical Services.
(2) The authority to make decisions affecting all medical aspects of the City
Division of Emergency Medical Services.
(3) Being responsible to but not governed by the EMS Chief of the City of La
Porte.
(4) Inspect, evaluate and make recommendations regarding medical equipment
purchased by the City Division of Emergency Medical Services.
B. Education
Responsibility for developing, implementing and participating in continuing
education and recertification programs for paramedics employed by the City.
C. Evaluation
(1) Responsibility for devising a system of ongoing review and education of
paramedic services rendered by the City Division of Emergency Medical
Services and providing rapid feedback to the paramedics.
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D. Personnel
(1) Ultimate responsibility for evaluating the competency of all paramedics
employed by the City. The Medical Director shall have the authority to
revoke any paramedics from their authorization to utilize
protocols/standing orders.
(2) All paramedics employed by the City must be cleared by the Medical
Director before being permitted to provide emergency medical services to
the public.
E. Community Liaison
(1) Provide liaison with the medical community; respond to questions from
physicians about the City Division of Emergency Medical Services.
(2) Provide public information as necessary about the medical aspects of
emergency medical services provided by the City Division of Emergency
Medical Services; respond to medical questions from the media and the
public.
(3) Make appearances as reasonably necessary to educate those using the
emergency medical system about its function.
F. Protocols/Standing Orders
Develop and revise standing orders to be used by paramedics in the field,
monitor their use and make adjustments based on experience with these
standing orders.
G. The Medical Director shall devote such of their time as is reasonably needed
to fulfill the responsibilities and duties of the Medical Director of the City
Division of Emergency Medical Services under the terms of this Contract. It is
understood that the Medical Director will continue to engage in private
medical practice while not performing duties under this Contract.
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Term - The term of this Contract shall be for a period commencing as the date
hereof and ending on the 31 st day of August, 1999 or if sooner, with
the first to occur of the following:
A. The death of Dr. Boultinghouse; or
B. Thirty (30) days following written notice by the City or by Dr. Boultinghouse;
provided, however, that prior to any written notice of termination under this
Section 3B by the City because of dissatisfaction with Dr. Boultinghouse's
performance as Medical Director under this Contract, the City shall convene a
meeting pursuant to written notice to the Medical Director setting forth the
basis for such dissatisfaction. At the m€!eting, which shall be held no sooner
than fifteen (15) days following such written notice, the parties shall attempt to
resolve any disagreements and conflicts.
IV.
Insurance - Throughout the term of this Contract, the City shall provide the
Medical Director with a policy on the minimum limits of three million dollars
($3,000,000.00) per occurrence and six million dollars ($6,000,000.00) annual aggregate
which covers the performance of their administrative duties as Medical Director. The
insurance policy shall provide that the City and the Medical Director shall be given thirty
(30) days written notice prior to any cancellation of this insurance.
V.
Compensation - In consideration for rendering the services of Medical Director
under the terms of this Contract, the City shall pay aggregate compensation at an annual
rate of Seven Thousand Two Hundred Dollars ($7,200.00).
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VI.
Independent Contractor - This Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture, since the intent is that
Dr. Boultinghouse shall be an independent contractor with the City. No party hereto shall
hold himself or itself out or act as an agent of any other party with respect to third parties
in any way.
VII.
Governing Law - This Contract shall be governed in accordance with. the laws of
the State of Texas and shall be performable in Harris County, Texas.
IN WITNESS WHEREOF, Dr. Boultinghouse and the duly authorized
representative of the City of La Porte have executed this'Contract as of the date and year
first above written.
CITY OF LA PORTE
DIVISION OF EMERGENCY MEDICAL SERVICES
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Robert T. Herrera
City Manager
City Of La Porte
Jt,.{i)
Dr.Osc oultinghouse, M.D.
Harris ounty, Texas
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Date
Date
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