HomeMy WebLinkAboutPR 15641: JAMES COUSAR, MLT PROFESSIONAL SERVICES AGREEMENTMemorandum
City of Port Arthur, Texas
Health Department
TO: Stephen Fitzgibbons, City Manager
FROM: Yoshi D. Alexander, MBA-HCM, Health Director
DATE: November 23, 2009
SUBJECT: Proposed Resolution No. 15641
Agreement for Professional Services between the City of Port Arthur and
James Cousar, MLT
RECOMMENDATION:
It is recommended that the City Council approve Proposed Resolution No. 15641, an Agreement
for Professional Services between the City of Port Arthur and Mr. James Cousar, Medical
Laboratory Technologist, to provide contract services for the City's laboratory.
BACKGROUND:
The health department needs a medical laboratory technologist to support its clinical operations
for the STD clinic, public health nursing, etc. The current contractor has submitted a letter of
resignation effective December 11, 2009 and cannot fulfill the terms of the existing Agreement
due to health reasons. Mr. James Cousar is a Medical Laboratory Technologist who has agreed
to continue to provide these services. He is presently employed at a local hospital, so Mr. Cousar
will be working every other week for no more than 30 hours at $21.00 per hour.
STAFFING/EMPLOYEE EFFECT:
Mr. Cousar is apart-time contract employee.
BUDGETARY EFFECT:
Mr. Cousar will be paid $21.00 per hour; account number 001-1301-541.54-00.
SUMMARY:
It is recommended that the City Council approve Proposed Resolution No. 15641, an Agreement
for Professional Services between the City of Port Arthur and Mr. James Cousar, MLT, to
provide contract services for the City's laboratory.
4099831530
11x'24!2009 11:49 4099831530 PORT ARTHUR HEALTH
so: Yoshi D. Alexander, MBA-HGM, Health Director
Froom:4ctave P_ Jacques
CC:
Date: October 23, 2009
Re: Notice of Contract Termination
PAGE 01
Because of health reasons, l find that I can no longer continue working at the Port
Arthur Health Department. While it saddens me to leave, I feel that I must resign my
position as a contract Medical Technologist (AMT} effective December 11, 2009
which will be my last work day.
Thank you for giving me the opportunity to work here and be a part of this team for the
past 19 months. it has been a gratifying experience for me.
Respectfully,
Octave P. Jacques, T {AMT}
P.R. No. 15641
11 /23/09-yda
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR INDEPENDENT PROFESSIONAL
SERVICES BETWEEN THE CITY OF PORT ARTHUR AND
JAMES COUSAR, A MEDICAL LABORATORY TECHNOLOGIST,
TO PROVIDE CONTRACT SERVICES FOR THE CITY'S
LABORATORY
WHEREAS, the City Health Department needs a certified medical technologist for the
laboratory to meet the demands of its clinical operations; and,
WHEREAS, the current contractor, Mr. Octave Jacques, has submitted a letter of
resignation effective December 11, 2009 and cannot fulfill the terms of the existing Agreement;
and,
WHEREAS, Mr. James Cousar, a Medical Laboratory Technologist (MLT), has all of
the qualifications needed to perform this function and has agreed to contract with the City of Port
Arthur to provide services for the city's laboratory at a rate of $21.00 per hour; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PORT ARTHUR:
Section 1. That the facts and preamble are true and correct.
Section 2. That the contract between the City of Port Arthur and Mr. Octave Jacques is
hereby terminated effective December 11, 2009.
Section 3. That the City Manager and Director of Health are hereby authorized to
execute an Agreement with Mr. James Cousar, MLT effective December 1, 2009 through
September 30, 2010 in substantially the same form as the attached Exhibit "A."
P.R. No. 15641
Page 2
Section 4. 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
A.D., 2009 at a
Meeting of the City Council of the City of Port
Arthur, Texas, by the following vote: Mayor:
Councilmembers:
NOES:
ATTEST:
Terri Hanks, City Secretary
AP VED S TO FORM:
Val Tizeno, Acting C Attorn
Mayor
APPROVED FOR AVAILABILITY OF FUNDS:
v~~~~ _
Deborah Echols, Director of Finance
APPROVED FOR ADMINISTRATION:
Stephen Fitzgibbons, City Manager
v~ v
oshi D. Alexander, MBA-HCM
EXHIBIT "A"
AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES
That this Agreement is made between the City of Port Arthur, Texas hereinafter
referred to as "City" and James Cousar, a Medical Laboratory Technologist, hereinafter
referred to as the "Contractor."
I. DURATION AND TERMINATION
That this Agreement shall be for a period beginning December 1, 2009 and shall
remain until September 30, 2010. 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 medical laboratory 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 $21.00 per hour. 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 James Cousar and shall not exceed 30 hours per week
worked unless approved by the Director of Health. Mr. Cousar will be considered an
independent contractor for the City, and shall comply with guidelines of the Clinical
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Laboratory Improvement Act (CLIA). Such services shall be at the standard of care and
expertise expected of Medical Laboratory 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
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Contractor will immediately take any measure necessary to effectuate Agreement.
SIGNED AND AGREED TO on the day of
2009.
CONTRACTOR
James Cousar, MLT
SIGNED AND AGREED TO on the day of
2009.
CITY OF PORT ARTHUR
Stephen Fitzgibbons, City Manager
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