HomeMy WebLinkAboutPR 19099: AGREEMENT BETWEEN CITY OF PORT ARTHUR AND JAMES COUSAR, TECHNOLOGIST 1
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Texas
DATE: August 5, 2015
To: Brian McDougal, City Manager
From: Judith A. Smith, RN, BSN, Director of Health Services98
RE: Agreement for Professional Services between the City of Port Arthur and James Cousar,
MTL
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. 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.
Staff Analysis, Considerations: Mr. Cousar is a part-time contact employee. It is recommended
that James Cousar, MTL remain in contract with The City of Port Arthur.
Recommendations: It is recommended that the City Council approve Proposed Resolution No.
19099, 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.
Budget Considerations: Mr. Cousar 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. 19099
8/05/2015 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, 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.
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: ,
P.R. No. 19099
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Councilmembers:
NOES:
Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Valb `di
Val Tizeno, ity • orney
APPROVED FOR AVAILABILITY OF FUNDS:
Jerry Dale, 'A, Interim Director of Finance
APPROVED FOR ADMINISTRATION:
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Brian McDougal, City Manager Jtvith A. Smith, RN, BSN
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, 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 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
2015.
CONTRACTOR
James Cousar, MLT
SIGNED AND AGREED TO on the day of
2015.
CITY OF PORT ARTHUR
Brian McDougal, City Manager
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