Res 122-2004 9/7/2004RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF
WICHITA FALLS AND THE NORTH CENTRAL TEXAS MEDICAL
FOUNDATION FOR THE PROVISION OF MEDICAL SERVICES TO
THE WICHITA FALLS- WICHITA COUNTY PUBLIC HEALTH
DISTRICT; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls ( "the City') and Wichita County, Texas
("the County "), pursuant to the provisions Of the TEXAS HEALTH & SAFETY CODE,
section 121.041, et seq., created the Wichita Falls- Wichita County Public Health
District ('the District "); and
WHEREAS, the City and the District provide Title V maternal care, a TB clinic,
a sexually transmitted disease clinic, an immunization clinic, and pediatric clinic in
the City and the County; and
WHEREAS, the City Manager, by authority granted by the District, shall
contract for the provision of licensed physicians to staff the clinics cited above; and,
WHEREAS, the City Manager, subject to the approval of City Council, intends
to enter into a written agreement with the North Central Texas Medical Foundation to
staff the clinics cited above.
NOW, THEREFORE, BE IT [RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
S ECTION 1 . That certain Memorandum of Agreement, a copy of which is
attached hereto, by and between the City of Wichita Falls and the North Central
Texas Medical Foundation for the provision of medical services for the Wichita Falls -
Wichita County Public Health District, is hereby approved, and the City Manager is
authorized to execute said Agreement on behalf of the City of Wichita Falls.
S ECTION 2 . It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 7th day of September, 2004. /��
lA.n..,.,.
MAYOR
A ST: n „
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City Clerk
MEMORANDUM OF AGREEMENT
This Agreement is made and entered by and between the North Central
Texas Medical Foundation, hereinafter referred to as "Foundation," and the City of
Wichita Falls, Texas, a home rule municipal corporation, hereinafter referred to as
"City," and on behalf of the Wichita Falls- Wichita County Public Health District,
hereinafter referred to as "District" to be effective upon approval of the Wichita Falls
City Council and subsequent execution by the Wichita Falls City Manager or his
designee.
WITNESSETH:
WHEREAS, the District recognizes the need to retain professional medical
services to meet the needs of programs identified in Exhibit "A" and incorporated
herein; and
WHEREAS, the District needs the assurance of an established continuous
source for the provision of health care to meet the aforementioned needs of the
District; and
WHEREAS, the Foundation currently operates the Family Practice Residency
Program (hereinafter referred to as "Residency") which can provide the medical care
to meet the aforementioned health care needs; and
WHEREAS, the Foundation is a non - profit corporation which is certified by the
State Board of Medical Examiners to engage in the practice of medicine; and
WHEREAS, the faculty physicians of the Residency (herein "Faculty
Physicians ") are competent physicians legally qualified to practice medicine under
the laws of the State of Texas; and
WHEREAS, the resident physicians of the Residency (herein 'Resident
Physicians') are legally qualified to practice medicine under the laws of the State of
Texas under the direct supervision of the Faculty Physicians of the Residency, and
WHEREAS, the Residency agrees to provide the required Faculty Physician
supervision for all Resident Physicians when performing the duties established in the
Agreement; and
WHEREAS, Roy L. Carr , M.D., Interim Director of the Residency and also
Faculty Physician, was previously appointed as Medical Director and Arthur J.
Szczerba , M.D., Faculty Physician, was previously appointed as Associate Medical
Director; and
WHEREAS, the Local Public Health Reorganization Act, Chapter 121 Health
and Safety Code, and Texas Board of Health Rule, 25 Tex. Admin. Code §85.12,
require the appointment and service of a Health Authority, and
WHEREAS, the District recognizes the need to retain professional services to
meet the requirements for Health Authority as described in Exhibit "B" and
incorporated herein, and
WHEREAS, Roy L Carr, M.D., was previously appointed as Health Authority
andArthur J. Szczerba , M.D., was previously appointed as Associate Health
Authority for the District and said Faculty Physicians meet the requirements of
Section 121.022 of the TEXAS HEALTH AND SAFETY CODE and are willing to render
professional services for the District as provided herein.
NOW, THEREFORE, City hereby engages the services of the Residency, and
in consideration of the mutual promises herein contained, the parties agree as
follows:
SCOPE OF WORK
The scope of work and responsibilities and requirements are included but are
not limited to those set out in Exhibits "A" and "B" attached hereto and made a part
hereof for all purposes, which are intended as guidelines and may be amended by
mutual agreement.
II.
TERM
The term of this Agreement shall be a period beginning on September 1, 2004
and ending on September 30, 2005. This Agreement may be terminated by City as
provided herein.
III.
MEDICAL DIRECTOR
3.01 Medical Directo Roy L Carr , M.D., will serve as Medical Director
and Arthur J. Szczerba , M.D., as Associate Medical Director for the District providing
medical direction and quality control of medical services for the District Director and
staff including but not limited to those services set forth in Exhibit "A ". The Medical
Director is responsible to the District Director and will work in cooperation with the
District Director.
3.02 Health Authorit Roy L. Carr, M.D., has been appointed as Health
Authority and Arthur J. Szczerba , M, D., as Associate Health Authority and will serve
the District by carrying out the duties as included but not limited to those set out in
Exhibit "B ". Health Authority is responsible to the District Director and will work in
cooperation with the District Director and will provide assistance in ensuring
adherence to state and local laws relating to public health. Health Authority will
perform all duties of a Health Authority as provided by law and has taken and
subscribed to the official Health Authority oath and filed a copy of the oath and
appointment with the Texas Board of Health as required by Chapter 121 of the
Health and Safety Code and according to Article I of this agreement.
IV.
COMPENSATION /OWNERSHIP OF DOCUMENTS
4.01 Compensation. In consideration for the services to be rendered under
this Agreement, including all expenses, the Foundation shall be paid a fee not to
exceed $10,183.33 per month. It is agreed by the Foundation, the City and the
District that in consideration of the aforementioned monthly stipend, the Foundation
shall conduct on a weekly basis a Tuberculosis Clinic as a part of the services to be
rendered pursuant to this agreement: of the parties, and that the Tuberculosis Clinic
shall be conducted at no additional cost to the City or the District. Foundation may
invoice City on a monthly basis. Such invoices shall be itemized to show services
performed, expenses and corresponding charges.
Foundation shall keep accurate records of its services and expenses
incurred in the performance of this Agreement and shall make the same available to
City and /or District for inspection and copying upon five (5) days notice thereof.
These records shall be kept by Foundation for four (4) years following the expiration
of this Agreement. The Foundation Shall furnish to the District an itemized report of
annual expenditures no later than the thirtieth (30th) day following the expiration of
each fiscal year for which services are provided under this Agreement.
4.02 Fiscal Funding. Foundation and City recognize that the continuation of
any Agreement after the close of any given fiscal year of the City of Wichita Falls,
which fiscal year ends on September 30 of each year, shall be subject to Wichita
Falls City Council approval. In the event the Wichita Falls City Council does not
approve the appropriation of funds for this Agreement, the Agreement shall terminate
at the end of the fiscal year for which funds were appropriated, and the parties shall
have no further obligations hereunder.
4.03 Maximum Compensation upon Termination by City or
Professional. In the event of termination by City, with or without cause, and subject
to the terms of §3.02 herein, the Foundation shall be compensated only for actual
expenses and fees incurred by Foundation in providing those services acceptable to
District, which are within the scope of work under this Agreement to date of notice of
termination. Expenses do not include overhead such as utilities, rent, insurance, etc.,
and shall not exceed the total amount due under this Agreement.
4.04 Ownership of Documents. All client or patient records created as a
result of the District's services shall be the property of the District. The Foundation
shall own all records of patients seen as part of the Title V services to be rendered
as part of the Family Residence Program services. The Foundation acknowledges
the District's right to permit access to Title V patient records or provide copies for
audit examination, evaluation, inspection, litigation, or other circumstances to the
Texas State Department of Health, Notwithstanding any provision herein to the
contrary, if requested by the Residency, the District may, in its sole discretion, share
certain patient information with the Residency. However, the District shall first obtain
a release of medical information from the client, patient, or someone authorized to
act on his or her behalf, permitting the transfer of information to the Residency.
4.05 Examination of Books and Records. The Foundation agrees that the
District, the Department of State Health Services and the federal government shall
have the right to examine the books, records and accounts of the Foundation at a
time mutually convenient to both parties to the extent that they relate to transactions
affecting the Foundation's compensation as set forth in this agreement. Any
questions or deficiencies identified by the District in the Foundation's records will be
conveyed in writing to the Foundation. The Foundation will resolve the questions or
deficiencies in writing to the District within thirty (30) days of receipt of a question or
deficiencies. A determination by the District of either an inadequate or inappropriate
resolution of the questions or deficiencies may result in the withholding of funds,
suspension or cancellation of this Agreement. Any such withholding of funds or
suspension will remain in effect until the findings are properly remedied as
determined by the District. The right to examine the Foundation's books as they
relate to this Agreement shall survive termination of this Agreement.
V.
SUCCESSORS AND ASSIGNS /AGENTS OR ASSISTANTS
5.01 Successors an d Assigns. City and Foundation each bind themselves,
their successors, executors, administrators and assigns to the other party to this
Agreement. Neither City nor Foundation will assign, sublet, subcontract or transfer
any interest in this Agreement without the written consent of the other party. No
assignment, delegation of duties or subcontract under this Agreement will be
effective without the written consent of City. Subject to the provision regarding
assignment, this Agreement shall be binding on the administrators, legal
representatives, successors, and assigns of the respective parties.
5.02 Use of Agents, Servants, Employees or Independent Contractors
Subject to the foregoing, to the extent reasonably necessary for the Foundation to
perform its duties hereunder, Foundation may engage, at the sole expense of the
Foundation, the services of any agents, servants, employees or independent
contractors which it may deem proper, and it may further employ, engage, or retain
the services of such other persons or corporations to aid or assist it in the proper
performance of its duties. Foundation shall be compensated only for actual expenses
and fees for supplies and materials incurred by Foundation in providing services to
the City that are within the scope of work under this Agreement. The cost of the
services of such agents, servants, employees or independent contractors shall be
borne by Foundation at its sole cost and expense. Foundation further agrees that the
subletting of any portion or feature of the work or materials required in the
performance of this Agreement shall not relieve Foundation from its full obligations to
City as provided by this Agreement, regardless of whether such subletting is agreed
to by City.
All out -of- pocket expenses are to be borne by the Foundation, with exception
for materials set forth in Exhibit "A" attached.
It is expressly understood and agreed that any agent, servant, employee, or
independent contractor retained or employed by Foundation is the agent, servant, or
other employee of independent contractor of Foundation and that Foundation shall
be solely responsible for the acts and omissions of such person or entity to the
exclusion of the City. It is expressly agreed that City has no right of control over any
agent, servant, employee or independent contractor.
VI.
FACILITIES
F acilities. Foundation shall be responsible for providing all necessary
facilities, personnel, equipment, materials or other items necessary to perform the
services required of it hereunder; provided, however, City shall cooperate with
Foundation by providing space it has available for meetings, medical evaluation and
treatment, and administrative space as mutually agreed.
VII.
INSURANCE AND CERTIFICATES OF INSURANCE
Foundation shall obtain, at its own expense, Professional Errors and
Omissions insurance, which will pay for injuries arising out of errors or omissions in
the rendering, or failure to render, professional services under the Agreement, for the
term of the Agreement and up to two years after the Agreement is terminated, with
limits of $200,000/$600,000 per occurrence /aggregate for non- residents and limits of
$100,000/$300,000 for residents. Foundation shall not start work under this
Agreement until Foundation has obtained at its own expense all of the insurance
required hereunder, and such insurance has been approved by the City Manager.
Any subcontractor of the Foundation shall be required to carry the same insurance
as the Foundation. To establish procurement of Professional Errors and Omissions
insurance, Foundation shall not work under this Agreement until (1) it has furnished
to the City a Certificate of Insurance for each physician providing medical services
pursuant to the provisions of this Agreement, and (2) the insurance has been
approved by the City Manager of the City of Wichita Falls. It is the express duty of
the Foundation to notify the City Manager of any change in the Professional Errors
and Omissions insurance coverage affecting any physician providing medical
services pursuant to the provisions of this Agreement. Such notice shall be in writing
and furnished to the City Manager, City of Wichita Falls, Texas, P.O. Box 1431,
Wichita Falls, Texas 76307, within five (5) business days of the Foundation's receipt
of notice of change.
VIII.
INDEMNIFICATION
Foundation does hereby covenant and agree to waive all claims, release,
indemnify, defend and hold harmless the City and the District and all of their officials,
officers, agents, employees, volunteers and invitees in both their public and private
capacities, from any and all liability, claims, suits, demands or causes of action,
including all expenses of litigation and /or settlement which may arise by reason of
injury to or death or debt of any person, or for loss of, damage to or loss of use of
any property arising, directly or indirectly, out of Foundation's services in accordance
with the Agreement; and such indemnity will apply whether the claims, suits, losses,
damages, causes of action or liability, arise in whole or in part from the negligence of
Foundation or any of its officers, officials, agents, employees or invitees, whether
such negligence is contractual, comparative negligence, concurrent negligence,
gross negligence or any other form of negligence.
The City and the District shall be responsible for the negligence of their
respective employees in the performance of their duties under the provisions of this
Agreement.
IX.
INDEPENDENT CONTRACTOR
Foundation covenants and agrees that he or she is an independent contractor
and not an officer, agent, servant or employee of City, that Foundation shall have
exclusive control of and exclusive right to control the details of the work performed
hereunder and all persons performing same, and shall be responsible for the acts
and omissions of its officers, agents, employees, contractors, subcontractors and
consultants; that the doctrine of respondeat superior shall not apply as between City
and Foundation, its officers, agents, employees, contractors, subcontractors and
consultants, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Foundation.
X.
TERMINATION
10.01 Option. City may, at its, option, without cause, and without prejudice to
any other remedy it may be entitled to at law, in equity, or otherwise under this
Agreement, terminate further work under this Agreement, in whole or in part, by
giving at least thirty (30) days prior written notice thereof to Foundation with the
understanding that all services being provided by Foundation shall cease upon the
date such notice is received.
10.02 Cause. City reserves the right to terminate this Agreement immediately
upon breach of any term or provision of this Agreement by Foundation; or if at any
time during the term of this Agreement, Foundation shall fail to commence the work
in accordance with the provisions of the Agreement or fail to diligently provide
services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement, or fail to use an adequate number or quality of
personnel or equipment to complete the work or fail to perform any of its obligations
under this Agreement, then City shall have the right, if Foundation shall not cure any
such default after thirty (30) days written notice thereof, to terminate this Agreement
and complete the work in any manner it deems desirable, including engaging the
services of other parties therefore. Any such act by City shall not be deemed a
waiver of any other right or remedy of City.
10.03 Costs. If after exercising any remedy provided herein, the cost to City
of the performance of the balance of the work is in excess of that part of the
Agreement sum that has not therefore been paid to professional hereunder,
Foundation shall be liable for and shall reimburse City for such excess.
XI.
EQUAL OPPORTUNITIES
Foundation shall not discriminate against any employee or applicant for
employment because of race, age, color, religion, sex, disability, ancestry, national
origin or place of birth. Foundation shall take action to ensure that applicants are
employed and treated without regard to their race, age, color, religion, sex, disability,
ancestry, national origin or place of birth. This action shall include but not be limited
to the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection of training, including apprenticeship.
XII.
APPLICABLE LAW
Foundation shall at all times observe and comply with all federal, state and
local laws, ordinances and regulations, which in any manner affect Foundation or the
work, and shall indemnify and save harmless City against any claim arising from the
violation of any such laws, ordinances and regulations whether by Foundation or its
employees. If Foundation observes that the work is at variance therewith, Foundation
shall promptly notify City in writing. It Foundation performs any work knowing it to be
contrary to such laws, ordinances, rules and regulations, and without such notice to
City, Foundation shall bear all costs arising therefrom.
XIII.
SEVERABILITY
The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Agreement is for any reason held to
be contrary to the law or contrary to any rule or regulation having the force and effect
of the law, such decision shall not affect the remaining portions of the Agreement.
XIV.
NON - WAIVER
It is expressly understood and agreed that, in the execution of this Agreement,
City does not waive nor shall City be deemed hereto to have waived any immunity or
defense that would otherwise be available to it. It is further agreed that one or more
instances of forbearance by City in the exercise of its rights herein shall in no way
constitute a waiver thereof.
XV.
DRUG -FREE WORKPLACE
The Foundation, its agents, servants, and employees shall be subject to the
drug -free workplace requirements as set forth in Exhibit "C."
XVI.
SMOKE -FREE ENVIRONMENT
The Foundation shall at all times prohibit the use of tobacco products, whether
smoking or smokeless, within any and all space occupied or used by the Foundation
pursuant to this Agreement.
XVII.
PARAGRAPH HEADINGS
The descriptive headings of the several Articles, Sections and Paragraphs
contained in this Agreement are inserted for convenience only, and shall not control
or affect the meaning or construction of any of the provisions hereof.
XVIII.
ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties hereto with respect to the subject matter hereof, and no
other agreement, statement, or promise relating to the subject matter of this
Agreement, which is not contained herein, shall be valid or binding. The parties
agree that this Agreement and its attachments constitute the entire understanding of
the parties.
XIX.
BREACH OF OBLIGATION
This Agreement is entire as to all of the services to be rendered under it.
Breach of any obligation to be performed shall constitute a breach of the entire
Agreement and shall give the non- breaching party the right to terminate this
Agreement.
XX.
GOVERNING LAWIVENUE
The validity of this Agreement: and of any of its terms or provisions, as well as
the rights and duties of the parties hereunder, shall be governed by the laws of the
State of Texas. The parties agree that it is performable in Wichita County, Texas,
and that exclusive venue shall be in Wichita County, Texas.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates indicated below.
Date:
Date:
Date:
Approved as to Form:
Bill Sullivan, City Attorney
Foundation
By:
Susan M. Strata , M.D.
Chair, North Central Texas
Medical Foundation
By:
Roy L. Carr, M.D.
By:
Arthur J. Szczerba, M.D.
City of Wichita Falls, Texas
By:
Jim Berzina, City Manager
P. O. Box 1431
Wichita Falls, Texas 76307
Bill Sullivan, City Attorney
EXHIBIT "A"
MEDICAL DIRECTOR/ASSOCIATE MEDICAL DIRECTOR
Tuberculosis Clinic
Contractor Responsibilities
• Conduct weekly TB clinic (average time required in Clinic per week four (4)
hours)
• Admit patients to service
• Physical examination of patients
• Review chest x -rays
• Review lab reports
• Issue medical orders for treatment, diagnostic testing and referral if necessary
• Chart review on enrolled patients
• Review and approve District protocols and policies annually
• Phone consultation between clinics concerning urgent lab reports and
medication reactions
• Participate in annual Quality Assurance review
Health District Responsibilities:
• Supply adequate staff, equipment and supplies to maintain clinical and
surveillance activities
• Administer and read TB skin test according to established protocols
• Perform contact investigation and follow up for each identified case
• Prepare charts for clinics to ensure all labs and needed x -rays are ready for
physician review
• Prepare clients for physician including initial interview, obtain vital signs,
height weight and vision screen
• Perform all lab draws
• Monitor all DOT clients for signs and symptoms of medication reaction or
toxicity
• Client education concerning disease process and medication
• Provide translators for non - English speaking clients
• Provide TB medications and vitamins through state program
• Conduct annual Quality Assurance review
Sexually Transmitted Disease Clinic
Contractor Responsibilities
• Medical management of patients referred by PHN
• Review lab results (Includes both in -office and phone consultations)
• Chart review (Physician must review all client records)
• Perform cryotherapy for treatment of condyloma
• Phone consult on all syphilis cases, any deviation from normal protocol and
any child under the age of 14
• Review and approve District protocols and policies annually
• Participate in annual Quality Assurance review
Health District Responsibilities
• Supply adequate staff, equipment and supplies to manage STD clinic
• Perform exams according to approved protocols for all patients and consult
with physician when medically appropriate
• Perform all lab draws
• Educate client concerning high -risk behaviors, disease process, treatment and
medications
• Provide translators for non - English speaking clients
• Ensure appropriate space for physician to review charts
• Conduct annual Quality Assurance review
Immunization Clinic
Contractor Responsibilities
• Phone consults for unusual circumstances and variance reports
• Review and approve District protocols and policies annually
• Participate in annual Quality Assurance review
Health District Responsibilities
• Provide education to all clients receiving immunization
• Consult with physician regarding any protocol variance or untoward incident
related to vaccine administration
• Insure proper consent is received for immunizations
• Insure Immunizations are given according to policy and procedure
• Conduct annual Quality Assurance review
Maternity Clinic
Contractor Responsibilities
• Provide outpatient obstetrical care appropriate to Title V standard of care
• Review and approve District protocols and policies annually
• Coordinate patient care according to District Maternity Policy and Procedure
• Phone consultation between clinics concerning urgent lab and sonogram
reports
• Participate in annual Quality Assurance review
Health District Responsibilities
• Supply adequate staff, equipment and supplies to carry out activities detailed
in the District Maternity Policy and Procedure Manual
• Perform all Initial Intake activities as detailed in District Policy and Procedure
Manual (MTY 13.00.00), or as it may be amended from time to time
• Conduct annual Quality Assurance review
Child Health Clinic
Contractor Responsibilities
• Conduct pediatric clinic (1 weekly at main site and 2 monthly at MLK site)
• Complete pediatric assessment
• Nutritional evaluation
• Developmental /behavioral status assessment
• Chart review
• Review Lab results
• Issue prescription /s and provide referrals as needed
• Review and approve District protocols and policies annually
• Phone consultation between clinics concerning urgent patient care matters
• Participate in annual Quality Assurance review
Health District Responsibilities
• Supply adequate staff, equipment and supplies for clinic operation
• Prepare charts for patient visits
• Assist physician as stand -by for exams
• Provide translators for non - English speaking clients
• Perform appropriate activities as detailed in District Policy and Procedures for
Child Health Services
• Provide patient and parent with age appropriate education
• Schedule referral appointments and provide follow up
• Conduct annual Quality Assurance review
Laboratory
Contractor Responsibilities
• For purposes of CLIA certification, the Medical Director also serves as
"Medical Director" of the Laboratory. The District contracts with a pathologist
who serves as 'Laboratory Consultant." The Laboratory Consultant is
responsible for Laboratory CIA activities.
Pharmacy
Contractor Responsibilities
• Serves as member of Therapeutics Committee
• Annual formulary review
EXHIBIT "B"
HEALTH AUTHORITY /ASSOCIATE HEALTH AUTHORITY
The Foundation shall comply with the provisions of V.T.C.A., Health and
Safety Code §121.024 and as it may be amended from time to time, which at the
time of the execution of this Agreement provides:
§121.024 Duties
(a) A health authority is a state officer when performing duties prescribed
by state
law.
(b) A health authority shall perform each duty that is:
(1) necessary to implement and enforce a law to protect the public
health; or
(2) prescribed by the board.
(c) The duties of a health authority include:
(1) establishing, maintaining, and enforcing quarantine in the health
authority's jurisdiction;
(2) aiding the board in relation to local quarantine, inspection,
disease prevention and suppression, birth and death statistics,
and general saniitation in the health authority's jurisdiction,
(3) reporting the presence of contagious, infectious, and dangerous
epidemic diseases in the health authority's jurisdiction to the
board in the mariner and at the times prescribed by the board;
(4) reporting to the board on any subject on which it is proper for the
board to direct that a report be made, and
(5) aiding the board in the enforcement of the following in the health
authority's jurisdiction:
(A) proper rules, requirements, and ordinances,
(B) sanitation laws,
(C) quarantine rules; and
(D) vital statistics collections.
In addition to the foregoing, Roy L. Carr, M.D., the Health Authority, or Arthur
J. Szczerba, M.D. or his designee, shall be available twenty -four hours a day, seven
days a week, to any emergency personnel who may be exposed to a contagious
disease while performing his or her duty, to make a determination as to whether
mandatory testing for a contagious disease should be initiated.
EXHIBIT "C"
DRUG -FREE WORKPLACE ACT CERTIFICATION
The Foundation certifies that it will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that unlawfully
manufacturing, distributing, dispensing, possessing or using a
controlled substance in the Foundation's workplace is prohibited and
specifying the actions that will be taken against employees for violation
of such prohibition.
(b) Establishing a drug -free awareness program to inform employees
about:
(1) The dangers of chug abuse in the workplace,
(2) The Foundation's policy of maintaining a drug -free workplace;
(3) Any drug counseling, rehabilitation, and employee assistance
programs that are available; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace.
(c) Making it a requirement that each employee to be engaged in the
performance of the Agreement be given a copy of the statement
required by paragraph (a).
(d) Notifying the employee in the statement required by paragraph (a) that,
as a condition of employment under the Agreement the employee will:
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five (5) days
after such a conviction.
(e) Notifying the District wiithin ten (10) days after receiving notice under
subparagraph (d)(2), from an employee or otherwise receiving actual
notice of such conviction.
(1) Taking one of the following actions, within thirty (30) days of receiving
notice under subparagraph (d)(2), with respect to any employee so
convicted:
(1) Taking ap propria te personnel action against such an employee
up to and including termination or
(2) Requiring such an employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a federal, state or local health, law enforcement, or
other appropriate: agency.
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
The Contractor's headquarters is located at the following address. The
addresses of all other workplaces maintained by the Contractor are provided
on an accompanying list.
Name of Contractors: Roy L. Carr, M.D.
Arthur J. Szczerba, M.D.
North Central Texas Medical Foundation
Street of Address: 1301 Third Street
City: Wichita Falls
County: Wichita
State: Texas
Zip Code: 76301
Signed by:
Roy L. Carr, M.D
Date
Signed by:
Arthur J. Szczerba, M.D
Date