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Home My WebLink AboutPR 24303: TERMINATING THE CONTRACT WITH DR. OSCAR ENRIQUEZ AND AWARDING THE CONTRACT TO DR. KRISTOPHER DELA CRUZ City of ort rthu — T www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 24, 2025 To: The Honorable Mayor and City Council Through: Ron Burton, CPM, City Manager From: Judith A. Smith, RN,BSN, Director of Health Services RE: Authorization to approve P.R. No. 24303 terminating the contract with Dr. Oscar Enriquez and awarding the contract to Dr. Kristopher Dela Cruz. Introduction: The intent of this Agenda Item is to seek the City Council's approval to terminate the contract with Dr. Oscar Enriquez and award the contract to Dr. Kristopher Dela Cruz as the City's Health Authority and Supervising physician for the Employee Health clinic. Dr. Enriquez informed the health director that he is unable to continue to function as the City's Health Authority due to health challenges. Dr. Kristopher Dela Cruz is a practicing physician with Dr. Enriquez and is familiar with the public health functions of the health department. Background: Dr. Oscar Enriquez has been the Health Authority and supervising physician for the Employee Health Clinic since January 2020. He is unable to continue the duties of Health Authority due to health challenges. Sections 121.021-121.029 of the Texas Health and Safety Code, a City, County, or Health District may appoint a licensed physician to serve as Local Health Authority to advise City Officials about public health issues and serve as a consultant on issues which impact public health in its jurisdictions. Budget Impact: Funds totaling $23,000 are budgeted in the Health Department's FY 2025 account for a five-month period. This amount includes $15,500 allocated from the Health Department's Other Contractual account (Account No. 001-23-061-5470-00-50-000) and $7,500 from the Employee Health Services Professional Service account(Account No. 001-23- 063-5420-00-50-000). A total not to exceed$4600 shall be paid monthly for 5 months. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 1 ,, 4 City of tiii ort rtfru�r.°�_ 7 www.PortArthurTx.gov Recommendation: It is recommended that the City Council approve P.R. No.24303, terminating the contract with Dr. Oscar Enriquez as the Health Department's health authority and supervising physician of the Employee Health clinic and awarding the contract to Dr. Kristopher Dela Cruz to fill the duties of Health Authority for the remaining period from May 5, 2025 through September 30, 2025. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. No. 24303 04/25/2025 JS/TNR RESOLUTION NO. A RESOLUTION TERMINATING THE CONTRACT WITH DR. OSCAR ENRIQUEZ AND AWARDING THE CONTRACT TO DR. KRISTOPHER DELA CRUZ TO ACT AS THE CITY'S HEALTH AUTHORITY AND SUPERVISING PHYSICIAN FOR THE EMPLOYEE HEALTH SERVICES CLINIC, EFFECTIVE MAY 5, 2025, THROUGH SEPTEMBER 30, 2025. FUNDS ARE BUDGETED IN FY24-25 GENERAL FUND OTHER CONTRACTUAL ACCOUNT 001-23-061-5470-00-50-000 ($15,500)AND THE EMPLOYEE HEALTH PROFESSIONAL SERVICE ACCOUNT 001-23-063-5420-00-50-000 ($7,500) FOR A TOTAL NOT TO EXCEED $23,000. WHEREAS,pursuant to Sections 121.021-121.029 of the Texas Health and Safety Code, a City,County,or Health District is authorized to appoint a licensed physician to serve as the Local Health Authority to advise municipal leadership on matters of public health and to act as a consultant on issues impacting the health and well-being of the community; and WHEREAS,Dr.Oscar Enriquez has faithfully served as the City's Local Health Authority for the past three(3) years, providing invaluable guidance and expertise to the Port Arthur Health Department,but due to personal concerns,he is no longer able to continue in this critical role; and WHEREAS, in the interest of maintaining continuity in public health oversight and ensuring uninterrupted medical supervision for both the Port Arthur Health Department and the Employee Health Clinic,it is imperative to appoint a qualified successor promptly; and WHEREAS,Dr. Kristopher Dela Cruz meets the qualification set forth in Chapter 121 of the Texas Health and Safety Code, and has been identified as a highly qualified and capable physician who is prepared to assume the duties of the Local Health Authority and supervising physician for the Employee Health Clinic, ensuring a seamless transition that prioritizes the continuity of care and public health oversight from May 5,2025,through September 30,2025; and WHEREAS, to facilitate this transition, the City must approve the termination of the existing contract with Dr. Oscar Enriquez and enter into a new agreement with Dr.Kristopher Dela Cruz as the Health Authority for the Health Department and supervising physician for the Employee Health clinic from May 5, 2025, through September 30, 2025 (See Exhibit"A"). P.R. No. 24303 04/25/2025 JS/TNR WHEREAS, Dr. Dela Cruz's total compensation shall be funded through existing budgeted accounts, with $15,500 allocated from the Health Department's Other Contractual Services account and$7,500 from Employee Health's Professional Services account,not to exceed a total of$23,000. BE RESOLVED BY THE CITY COUNCIL OF PORT ARTHUR, TEXAS: SECTION 1. That, the facts and preamble are true and correct. SECTION 2. That, to facilitate this transition, the City must approve the termination of the existing contract with Dr. Oscar Enriquez and enter into a new agreement with Dr. Kristopher Dela Cruz, as the Health Authority for the Health Department and supervising physician for the Employee Health clinic from May 5, 2025, through September 30, 2025. SECTION 3. That,the City Council of the City of Port Arthur hereby authorizes the City Manager and Director of Health to execute said Contract,in substantially the same form as attached hereto as Exhibit"A." SECTION 3. That, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of May A.D., 2025, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: • NOES: Thurman Bartie, Mayor ATTEST Sherri Bellard, City Secretary P.R. No. 24303 04/25/2025-js APPROV M: • Roxann Pais Cotroneo, City Attorney APPRO ED FOR AVAILABILI OF FUNDS: //,0 64i40.1,P0 7v• 1 Lynd. Boswell, MA, ICMA-CM Director of Finance APPROVED FO: - MINISTRATION: qudith., milt; Ron Burton, \1r Jucillb A. Smith, RN, BSN City Manager Director of Health Services P.R. No. 24303 04/25/2025-js EXHIBIT "A" CONTRACT FOR INDEPENDENT PROFESSIONAL SERVICES This Agreement is made between the City of Port Arthur, Texas hereinafter referred to as "City" and Dr. Kristopher Dela Cruz,herein referred to as "Contractor." I. TERM OF CONTRACT This Contract shall be for a period beginning May 6, 2025, and shall remain in force through September 30, 2025. This is a five-month contract to align with the City's fiscal year, thereafter, this Agreement shall be renewed annually at the beginning of the City's Fiscal year at the discretion of the parties. II. PROFESSIONAL SERVICES This Contract will allow Dr. Kristopher G. Dela Cruz to serve as the City's Health Authority and Supervising Physician of the City's Employee Health Services clinic. As the City's Health Authority, Dr. Dela Cruz shall: 1) Administer state and local laws relating to public health within the City's jurisdiction in accordance with Section 121.021 Texas Health and Safety Code, as amended. 2) Do all things necessary to implement and enforce the law to protect the public health. 3) Perform each duty applicable to the City's jurisdiction as prescribed by the Texas Department of State Health Services(DSHS). 4) Establish,maintain, and enforce quarantine in the City's jurisdiction. 5) Aid the Texas Board of Health and other public health officials in relation to local quarantine, inspection, disease prevention and suppression,birth and death statistics, and general sanitation in the City's jurisdiction. 6) Report as necessary the presence of contagious, infectious and dangerous epidemic diseases to the Texas Board of Health in the manner and at the times prescribed by said board. 7) Perform all acts for the Port Arthur City Health Department which are required by law to be performed by a licensed physician or which if provided by a person other than a licensed physician would constitute the unlicensed or unlawful practice of medicine. 8) Provide consultant services in policy, planning, procedure, administrative and other matters to the Director of the Health Department as requested by said Director. As the Supervising Physician of the City's Employee Health Services Clinic, Dr. Dela Cruz shall: 1) Function as the supervising physician of the City's Employee Health Services Clinic. 2) Review patient charts as needed and required. 3) Review and approve all protocols and standing delegation orders/guidelines for the effective operation of the Employee Health Services Clinic to include prescriptive authority for the mid-level provider. 4) Provide consultation as needed to the Employee Health Services Clinic mid-level provider and staff. III. COMPENSATION The Contractor shall be paid $23,000 for five-months for services provided for the Health Department and the Employee Health Services Clinic. A total not to exceed $4600 shall be paid monthly for 5 months. The hours of work shall be mutually agreed upon by the Director of Health of the City of Port Arthur. IV. LICENSURE/LIABILITY INSURANCE 1) The Contractor shall provide proof of licensure for Dr. Dela Cruz to practice medicine in the State of Texas. 2) The Contractor shall be covered under the City's liability insurance for services performed as the Health Authority. Dr. Kristopher Dela Cruz acknowledges that he meets the qualifications set forth in Chapter 121 of the Texas Health and Safety Code: • Qualified to Practice Medicine in Texas • Resident of Texas • Take and Subscribe to Official Oath • File copy of Oath and Appointment with the Department IV. TERMINATION This Agreement can be terminated with sixty (60) days prior written notice by either party. SIGNED AND AGREED TO on the day of , 2025. CONTRACTOR Dr. Kristopher G, Dela Cruz SIGNED AND AGREED TO on the day of 2025. CITY OF PORT ARTHUR Ron Burton, CPM, City Manager