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HomeMy WebLinkAboutO-2009-3183 Dr. Oscar Boultinghouse serve as Medical Director of EMS Department . 5 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 09/28/2009 Appropriation Requested B)': Ray Nolen Source of Funds: General Fund Department: EMS Account Number: 00150595225005 Report: Resolution: Ordinance: xxx Amount Budgeted: $9,000.00 Exhibits: Contract with Medical Director Amount Requested: ~t) 1"\0 00 Exhibits: COpy of Ordinance Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Alillual contract renewal between Dr. Oscar Boultinghouse and the City of La Porte to serve as medical director for EMS. Contract renewal period is October L 2009 through September 30. 2010. Contract renewal fee is same as last year with no increase. EMS medical directors are a covered party under the TML Incidental Medical Malpractice Liability Coverage plan. Dr. Boultinghouse has been the EMS medical director for the City of La Porte for several years. He has done an outstanding job in that capacity. His response to EMS needs are timely and of high quality. Recommend that council approve contract. Action Required bv Council: Consider approving an ordinance authorizing the City Manager to execute a contract with Dr. Osc oultinghouse, M.D., Medical Director for the City of La Porte EMS. i/.t3!>~ Date ~/ CONTRACT FOR MEDICAL DIRECTOR DEPARTMENT OF EMERGENCY MEDICAL SERVICES CITY OF LA PORTE, TEXAS This Contract entered into this the 1st day of October, 2009, by and between the City of La Porte, Texas, a municipal corporation (hereinafter called "City") acting by and through it's 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 Department 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 Department 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 ofthe premises, the agreements herein contained and other and valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: Page 1 I. MEDICAL DIRECTOR: Dr. Boultinghouse hereby contracts with the City as an independent contractor to serve as Medical Director of the Department of the Emergency Medical Services of the City (the "Medical Director") for the term stated below. II. RESPONSIBILITIES 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 Department of Emergency Medical Services. (2) The authority to make decisions affecting all medical aspects of the City Department 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 Department 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 Department of Emergency Medical Services and providing rapid feedback to the paramedics. Page 2 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 Department of Emergency Medical Services. (2) Provide public information as necessary about the medical aspects of emergency medical services provided by the City Department 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 Department 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. Page 3 III. Term - The term of this Contract shall be for a period commencing as the date hereof and ending on the 30th day of September, 2010 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 meeting, 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 a twelve month rate of Nine Thousand Dollars ($9,000.00). Page 4 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. Ron Bottoms City Manager City Of La Porte Dr. Oscar Boultinghouse, M.D. Harris County, Texas dJ-~h~ Date I 9/z~c; Date Page 5 ORDINANCE NO. 2009-,~ ) ~ 3 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF IA PORTE AND DR. OSCAR BOULTINGHOUSE, M.D., TO SERVE AS MEDICAL DIRECTOR OF THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES OF THE CITY OF IA PORTE, MAKING VARIOUS FINDINGS AND PROVISIONS REIATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS IAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. 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 of the City of La Porte 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 City 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. ORDINANCE NO. 2009-.3!.t2- PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 28th day of September, 2009 ATTEST: ~~'~i~~City Secretary APPR~~: /, /{/~ -r ~ Clark T. Askins, City Attorney C.lTY.OF LA PORTE By: --- ~,iJ0 / Ba ry aSley~aYOr