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HomeMy WebLinkAboutPR 19098: AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND LAURA KAY EMMERT, MEDICAL LABORTORY TECHNOLOGIST City of on 1 \ /14 Ort rt h tt— r'"� %Ii Texas DATE: August 5, 2015 To: Brian McDougal, City Manager From: Judith A. Smith, RN, BSN, Director of Health Services RE: Agreement for Professional Services between the City of Port Arthur and Laura Kay Emmert MLT Nature of the Request: 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. Ms. Emmert is a Medical Laboratory Technologist who has been working with the City since 2010. She alternates with the other contractor and works for no more than 30 hours per week. This is a renewal agreement. Staff Analysis, Considerations: Ms. Emmert will be considered a part-time contract employee. It is recommended that Laura Kay Emmert remains in contract with The City of Port Arthur. Recommendations: It is recommended that the City Council approve Proposed Resolution No. 19098, an Agreement for Professional Services between the City of Port Arthur and Ms. Laura Kay Emmert, Medical Laboratory Technologist, to provide contract services for the City's laboratory, account number 001-1301-541.14-00. Budget Considerations: Ms. Emmert will be paid $26.00 per hour for no more than 30 hours per week. Funds have been requested in the FY 2015-2016 budget, account number 001-1301- 541.14-00. "REMEMBER WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR" P.O.BOX 1089•PORT ARTHUR,TX 77641-1089.409/983-8101•FAX 409/982-6743 P.R.No. 19098 8/05/2015-j s RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ARTHUR AND LAURA KAY EMMERT,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, Laura Kay Emmert, a Medical Laboratory Technologist (MLT) has been a contractor since 2010 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 Ms. Laura Kay Emmert, MLT effective October 1, 2015 through September 30, 2016 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. No. 19098 Page 2 READ, ADOPTED AND APPROVED THIS day of A.D., 2015 , at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: , Councilmembers: NOES: Mayor ATTEST: Sherri Bellard, City Secretary APPRO D AS TO FORM: 4 Val Tizeno, Attorney APPROVED FOR AVAILABILITY OF FUNDS: n Jerry a e, nterim Director of Finance APPROVED FOR ADMINISTRATION: u djv A.iS a {v Ilk es,) Brian McDougal, City Manager Jud' A. Smith, RN, BSN Dir ctor 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 Laura Kay Emmert, 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, 2015 and shall remain until September 30, 2016. 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 Laura Kay Emmert and shall not exceed 30 hours per week worked unless approved by the Director of Health. Ms. Emmert 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 if applicable. 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 if applicable. 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 2015. CONTRACTOR Laura Kay Emmert, MLT SIGNED AND AGREED TO on the day of 2015. CITY OF PORT ARTHUR Brian McDougal, City Manager 3