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HomeMy WebLinkAboutPR 18444: INDEPENDENT PROFESSIONAL SERVICE , JAMES COUSAR, MEDICAL LABORATORY TECHNOLOGIST Memorandum City of Port Arthur, Texas Health Department TO: John Comeaux, P.E., Interim City Manager FROM: Judith A. Smith, RN, BSN, Director of Health DATE: July 25, 2014 SUBJECT: Proposed Resolution No. 18444 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. 18444, 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, account number 001-1301-541.14-00. BACKGROUND: The health department needs a medical laboratory technologist to support its clinical operations for the STD clinic, public health nursing, employee health services center, etc. We currently utilize two contractors in the lab who work every other week due to their full-time employment with a local hospital. Mr. James Cousar is a Medical Laboratory Technologist who has been a contractor since 2009. He alternates with the other contractor and works for no more than 30 hours per week. This is a renewal agreement. STAFFING/EMPLOYEE EFFECT: Mr. Cousar is a part-time contract employee. BUDGETARY EFFECT: Mr. Cousar will be paid $26.00 per hour for no more than 30 hours per week. Funds have been requested in the FY 2014-2015 budget, account number 001-1301-541.14-00. SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 18444, 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, account number 001-1301-541.14-00. P.R.No. 18444 7/25/2014 js 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,ACCOUNT NUMBER 001-1301-541.14-00 WHEREAS, the City Health Department needs a certified medical technologist for the laboratory to meet the demands of its clinical operations; and, WHEREAS, Mr. James Cousar, a Medical Laboratory Technologist (MLT), has been a contractor since 2009 and 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$26.00 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 City Manager and Director of Health are hereby authorized to execute an Agreement with Mr. James Cousar, MLT effective October 1, 2014 through September 30, 2015 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. READ,ADOPTED AND APPROVED THIS day of A.D., 2014 , at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: • • P.R.No. 18444 Page 2 Councilmembers: NOES: Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: ' Z Val Tizen , Cit ttorney APPROVED FOR AVAILABILITY OF FUNDS: Deborah Echols, Director of Finance APPROVED FOR ADMINISTRATION: 1 . md nrr 1&SN John Comeaux P.E. Interim Cit Mana er J94CA ith A. Smith,RN, BSN City g > Director of Health Services 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 October 1, 2014 and shall remain until September 30, 2015. 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 $26.00 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 1 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 2 Contractor will immediately take any measure necessary to effectuate Agreement. SIGNED AND AGREED TO on the day of 2014. CONTRACTOR James Cousar, MLT SIGNED AND AGREED TO on the day of 2014. CITY OF PORT ARTHUR John Comeaux, P.E. Interim City Manager 3