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HomeMy WebLinkAboutPR 14568: OCTAVE JACQUES, MT - CONTRACT FOR PROFESSIONAL SERVICES4 MEMORANDUM CITY OF PORT ARTHUR To: Stephen Fitzgibbons, City Manager Dare: March 3, 2008 FROnn: Yoshi D. Alexander, MBA-HCM, Health Director suB~ecT: Proposed Resolution No. 14568 Approval of an Agreement for Independent Professional Services between the City of Port Arthur and Octave Jacques, MT COMMENTS RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 14568 which is an Agreement for Professional Services between the City of Port Arthur and Mr: Octave Jacques, M.T., to provide contract services for the City's laboratory: BACKGROUND: The health department is in need of a medical technologist to support its clinical operations for the STD clinic, public health nursing, water testing, etc. Mr. Octave Jacques is a certified Medical Technologist who has agreed to contract these services. He will work no more than 20-25 hours per week. BUDGET EFFECT: Mr. Jacques will be paid at a flat rate of $1,600 per month. Monies are available in the City's budget. STAFFING/EMPLOYEE EFFECT: Mr. Jacques will be replacing Mrs. Laura Tatum who retired December 31, 2007. SUMMARY: It is recommended that City Council approve P. R. No. 14568 which is an Agreement for Independent Professional Services with Mr. Octave Jacques, as such agreement will allow for professional contract services for the city's laboratory. T a P.R. No. 14568 3/3/08-yda RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ARTHUR AND OCTAVE JACQUES, A CERTIFIED MEDICAL TECHNOLOGIST TO PROVIDE SERVICES FOR THE CITY'S LABORATORY WHEREAS, the City Health Department needs a certified professional medical technologist to work in the laboratory to meet the demands of its clinical operations; and, WHEREAS, Octave Jacques, MT, a certified professional Medical Technologist„ has agreed to provide contract services at a flat rate of $1,600 per month, not to exceed 20-25 hours per week; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PORT ARTHUR: Section 1. That the facts in the preamble are true and correct. Section 2. That the City Manager and Director of Health are hereby authorized to execute an Agreement for the period of April 1, 2008 to March 31, 2009 in substantially the same form as.the attached Exhibit, "A." Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P. R. 14568 Page 2 READ, ADOPTED AND APPROVED THIS day of A.D., 2008 , at a Arthur, Texas, by the following vote: Mayor: Councilmembers: Meeting of the City Council of the. City of Port NOES: Mayor Deloris Prince ATTEST Acting City Secretary Terri Hanks .APPROVED AS TO FORM: Mark Sokolow, City Attorney APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons, City Manager ~~~~/ oshi D. Alexander, MBA-HCM, Director APPROVED FOR AVAILABILITY OF FUNDS: Rebecca Uhderhill, CPA, Director of Finance EXHIBIT "A" t ,. AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES That this Agreement is made between the City of Port Arthur, Texas hereinafter referred to as "City" and Octave Jacques, MT (AMT), a licensed and certified professional practitioner, hereinafter referred to as the "Contractor." I. DURATION AND TERMINATION That this Agreement shall be for a period beginning April 1, 2008 and shall remain in force for one (1) year, until March 31, 2009. 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 Contractor is incapable of performing the services described herein, all rights to compensation by this Agreement are to be invalid. II. PROFESSIONAL SERVICES TO BE PERFORMED Contractor shall perform the duties of a certified medical technologist. The Contractor shall comply with the ethical code of the medical profession, including but not limited to, maintaining confidentiality of medical records. III. COMPENSATION Compensation shall be at flat rate of $1,600 per month. Any and all expenses including, but not limited to travel, medical malpractice insurance, etc. are the sole responsibility of the Contractor. The hours of work shall be mutually agreed upon by the Director of Health of the City of Port Arthur and Octave Jacques and shall not exceed twelve (20-25) hours per week unless approved by the Director of Health. Mr. Jacques will be considered an independent contractorfor the' City, and shall comply with guidelines of Page 1 of 3 1 the Clinical Laboratory Improvement Act (CLIA). Such services shall. be at the standard of care and expertise expected of Medical Technologists in the State of Texas. IV. OTHER BENEFITS That all benefits resultant from this contract are delineated herein, and no other benefits promised by any City officer shall be binding on the City. V. INDEMNITY It is understood and agreed that Contractor is an independent contractor and Contractor hereby agrees to hold harmless, indemnify and defend the City of Port Arthur, its officers, agents, and employees, from and against any liability, claim, cause of action, damages, personal injury or death arising out of or in connection with the services performed or to be performed by the Contractor pursuant to this Agreement. VI. PROFESSIONAL LIABILITY INSURANCE The Contractor is responsible for providing his own professional liability insurance .coverage. The City will not provide legal services or pay any judgment rendered against Contractor for any suit or claim arising out of the performance of the Contractor's duties as outlined herein. Contractor is to provide proof of said liability coverage. VII. NONDISCRIMINATION The Contractor hereby agrees that no person shall, on the grounds or race, creed, color, handicap, national origin, sex, political affiliation, or beliefs, be excluded from, be denied the benefits of, or be otherwise subjected to discrimination as regards to any services or activity under this contract; and hereby gives assurance the Contractor will immediately take any measure necessary to effectuate Agreement. Page 2 of 3 1 SIGNED AND AGREED TO on the day of , 2008. CONTRACTOR Octave Jacques, MT SIGNED AND AGREED TO on the day of , 2008. CITY OF PORT ARTHUR Stephen Fitzgibbons, City Manager Page 3 of 3 f AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES That this Agreement is made between the City of Port Arthur, Texas hereinafter referred to as "City" and Octave Jacques, MT (AMT), a licensed and certified professional practitioner, hereinafter referred to as the "Contractor." I. DURATION AND TERMINATION That this Agreement shall be for a period beginning April 1, 2008 and shall remain in force for one (1) year, until March 31, 2009. Either party may terminate this Agreement upon thirty (30) days written notice without cause, or for cause by giving the other notice i in writing five (5) days prior to termination. It is understood and agreed that if Contractor is incapable of performing the services described herein, all rights to compensation by this Agreement are to be invalid. II. PROFESSIONAL SERVICES TO BE PERFORMED Contractor shall pertorm the duties of a certified medical technologist. The Contractor shall comply with the ethical code of the medical profession, including but not limited to, maintaining confidentiality of medical records. III. COMPENSATION Compensation shall be at flat rate of $1,600 per month. Any and all expenses including, but not limited to travel; medical malpractice insurance, etc. are the sole responsibility of the Contractor. The hours of work shall be mutually agreed upon by the Director of Health of the City of Port Arthur and Octave Jacques and-shall not exceed twelve (20-25) hours per week unless approved by the Director of Health. Mr. Jacques will be considered an independent contractor for the City, and shall comply with guidelines of Page 1 of 3 .the Clinical Laboratory Improvement Act (CLIA). Such services shall be at the standard of care and expertise expected of Medical Technologists in the State of Texas. IV. OTHER BENEFITS That all benefits resultant from this contract are delineated- herein, and no other benefits promised by any City officer shall be binding on the City. V. INDEMNITY It is understood and agreed that Contractor is an independent contractor and Contractor hereby agrees to hold harmless, indemnify and defend the City of Port Arthur; its officers, agents, and employees, from and against any liability, claim, cause of action, damages, personal injury or death arising out of or in connection with the services performed or to be performed by the Contractor pursuant to this Agreement. VI. PROFESSIONAL LIABILITY INSURANCE The Contractor is responsible for providing his own professional liability insurance coverage. The City will not provide legal services or pay any judgment rendered against Contractor for any suit or claim arising out of the performance of the Contractor's duties as outlined herein. Contractor is to provide proof of said liability coverage. VII. NONDISCRIMINATION The Contractor hereby agrees that no person shall, on the grounds or race, creed, color, handicap, national origin, sex, political affiliation, or beliefs, be excluded from, be denied the benefits of, or be otherwise subjected to discrimination as regards to any services or activity under this contract; and hereby gives assurance the Contractor will immediately take any measure necessary to effectuate Agreement. Page 2 of 3 SIGNED AND AGREED TO on the . day of CONTRACTOR Octave Jacques, MT 2008. SIGNED AND AGREED TO on the day of 2008. CITY OF PORT ARTHUR Stephen Fitzgibbons, City Manager Page 3 of 3