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HomeMy WebLinkAboutRES 86-316 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a one ( 1) year contract, in substantially the form attached hereto' as Exhibit "A" , between the City of Beaumont Health Department and Dr. Gayl Gustafson in the amount of Sixty-Two Thousand Four Hundred Dollars ( $62,400) . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1986. Mayor - INDEPENDENT PROFESSIONAL SERVICES CONTRACT AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § This agreement is made and entered into on this the day of A.D. , 1986, by and between the City of Beaumont, hereinafter referred to as the "City" , sponsor agency for the Beaumont City Health Department and the Community Health Clinic, and Gayl Gustafson, a licensed medical practitioner, hereinafter referred to as the "Contractor. " This agreement supersedes and makes void any and all previous agreements between the parties. W I T N E S S E T H WHEREAS, the services of a licensed Medical Practitioner are required for the operation of the Beaumont Community Health Clinic in the Beaumont City Health Department, and, WHEREAS, Gayl Gustafson is, by training and experience, qualified to render such services; and, WHEREAS, such services are noncompetitive in their nature; THEREFORE, it is agreed by and between the parties that the Contractor shall perform the services of a Medical Practitioner for the Beaumont City Health Department in the Beaumont Community Health Clinic, according to all of the following terms and conditions: 1 . DURATION AND TERMINATIONS: The duration of this contract shall be for a term of one ( 1) year. This contract may be amended or renewed for an additional time period by mutual consent of both parties. Either party may terminate this agreement upon thirty ( 30) days written notice without cause, or for cause by giving the other notice in writing five ( 5) days prior to termination. It is understood and agreed that if the Contractor is incapable of performing the services described herein, all rights to compensation by this agreement are to be Exhibit "A" invalid. It is agreed by signature of this agreement that the terms and conditions of any and all previous contract agreements between the Contractor and the City have been completed to the satisfaction of both parties. 2 . PROFESSIONAL SERVICES TO BE PERFORMED: The Contractor shall perform the duties of a licensed Medical Practitioner for the Beaumont City Health Department in the Beaumont Community Health Clinic and in no way will the terms of this contract impede the Contractor' s independent practice of medicine in the services provided hereunder. The normal duties of the position are as described below: a) Performance of Medical Practitioner services according to a standard patient appointment workload or walk-ins needing medical attention as deemed necessary by the Clinic physician. These services shall be normally rendered by the Contractor for eight (8) hours per day, Monday through Friday, as scheduled by the Beaumont City Health Department except insofar as specified under the terms and conditions entitled "VACATION AND PERSONAL LEAVE" : When the Contractor is fully accredited in another state or by professional rating outside the State of Texas, the responsibility for obtaining full license to practice under the laws of the State of Texas shall be that of the Contractor. The obtaining and maintenance of such licensure specific to the State of Texas shall be regarded as normal work-related duty under the terms of this agreement. The Contractor shall attend, as part of normal duties relating to the Clinic, such professional meetings as deemed appropriate by the Director of Health. In such capacity, reimbursements will be made for such transportation, lodging, meals and registration costs according to the limitations of the City travel policies, as budgeted funds of the Clinic shall permit. 2 - 9_.=31A The Contractor shall be responsible in performance of the contract service to act according to the Clinic policies of conduct as set forth below: a) It is expected that the Contractor shall perform his/her services in accordance with the bylaws of the medical staff and in such manner that will reflect favorably on the Clinic and which will bring forth patient confidence and respect. b) Personal business of the Contractor may be tended to, provided that permission has been granted by the Director of Health. Any personal business requiring long distance telephone usage shall be at the expense of the Contractor. It is the responsibility of the Contractor to so notify the Clinic switchboard of any such calls. No solicitation or referral of Beaumont City Health Department and the Community Health Clinic patients to the Contractor' s personal outside business, if any, is allowed. c) The Contractor should promptly inform the Director of Health of any change of name, address, telephone number, marital status, etc. d) The conviction of a felony offense shall be grounds for rendering the Contractor incapable of providing services under this agreement. e) Violation of confidential communications in the Medical Records of Clinic patients shall be grounds for rendering the Contractor incapable of performing services under this agreement. f) Patients shall be charged fees by Contractor in accordance with the fee schedules adopted by the Clinic. Contractor' s fees shall be - 3 - separately identified on billings from the charges and fees of the Clinic. 3 . COMPENSATION: The compensation for services by the Contractor under this agreement shall be SIXTY-TWO THOUSAND FOUR-HUNDRED DOLLARS ($62,400.00) annually. Such payment shall be made at the rate of $30.00 per hour. All fees collected for direct Physician services by the Contractor will be applied to and credited against the compensation provided herein. Additionally, all fees collected in excess of the compensation provided for herein shall be returned to the Clinic and credited against the following services provided the Contractor: a. building use; b. utilities; C. medical supplies; and d. all support services including nursing, accounting and clerical. Contractor shall be expected to provide for his own medical liability and malpractice insurance, personal medical insurance, retirement and other benefits. 4. PAYMENT OF COMPENSATION: A statement of hours of service performed as Medical Practitioner shall be presented to the Director of health, or his appointed representative, on a bi-weekly basis, as a basis for processing payment for services rendered. 5 . VACATION AND PERSONAL LEAVE : In addition to the compensation to be paid, the Contractor, for the services to be rendered to the Clinic, shall be entitled to a maximum of 240 hours of vacation leave accrued at a rate of 5 .23 hours each bi-weekly pay period. Contractor further agrees that he will provide the Director of Health with at least two ( 2 ) weeks written notice prior to the date he/she wishes to take said vacation 4 - leave. Furthermore, Contractor will be entitled to accumulate a maximum of 160 hours of personal leave (including sickness) accrued at a rate of 2 .15 hours each bi-weekly pay period, with existing sick leave and short term disability according to City policy . Notice of any personal leave to be taken shall be given to the Director of Health as soon as possible in advance except in the case of sickness. Additionally, Contractor shall earn 3 .69 hours short-term disability leave each bi-weekly pay period. Contractor may use disability leave after being absent 80 hours for the same illness or disability. Accumulation of short-term disability leave credits shall be unlimited. a) If, during the term of this contract, any official City holidays fall on otherwise normal work days of the Clinic, said Contractor shall not be' required to work the number of hours that the Contractor would have been scheduled to work if the Clinic were open. b) No other benefits aside from the above shall accrue to the Contractor. The Contractor is responsible to provide for all other benefits as a provider of independent services. APPROVAL OF DEPARTMENT OF HEALTH, EDUCATION AND WELFARE: It is understood that this contract is subject to the prior approval of the Department of Health, Education and Welfare. INDEMNITY: It is understood and agreed that Contractor is an independent Contractor, and the Contractor hereby agrees to hold harmless and indemnify the City, its officers, agents and employees, from and against any liability, claim, cause of action, damages or personal injury arising out of or in connection with the services performed or to be performed by the Contractor hereunder. 5 - ' e IN WITNESS THEREOF, the parties execute this contract in duplicate originals on this day of A.D. , 19 CITY OF BEAUMONT By: Albert E. Haines City Manager CONTRACTOR Gayl L. Gustafson, M.D . 6 -