Res 132-2005 9/20/2005RESOLUTION NO. [Sc
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 and Wichita County, Texas, pursuant to the
provisions of the TEXAS HEALTH SAFETY CODE, Section 121.041, et seq., created
the Wichita Falls- Wichita County Public Health District; and
WHEREAS, the City and Public Health District provide Title V maternal care, a
TB clinic, sexually transmitted diseases clinic, an immunization clinic, and a pediatric
clinic in the City and the County; and
WHEREAS, the City Manager, by authority granted by the Public Health 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 the 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:
SECTION 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.
SECTION 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 20th day of September, 2005.
w_
MAYOR
ATTEST:
�A
y 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, Arthur I Szczerba, M.D., Director of the Residency and also Faculty
Physician, was previously appointed as Medical Director and Glen Minter, M.D., Faculty
Physician, was previously appointed as Associate Medical Director; and
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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, Arthur J. Szczerba M.D., was previously appointed as Health Authority
and Glen Minter, 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:
I.
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.
U.
T cRM
The term of this Agreement shall be a two -year period beginning on October 1, 2005
and ending on September 30, 2007, This Agreement may be terminated by City as provided
herein.
III.
MEDICAL DIRECTOR
3.01 Medical Director. Arthur J. Szczerba, M.D., will serve as Medical Director
and Glen Minter, 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 Authority. Arthur J. Szczerba M.D., has been appointed as Health
Authority and Glen Minter, 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
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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
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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 Texas Department of Health 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 and 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
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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.
VT.
FACILITIES
Facilities. 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.
JX
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.
M.
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.
Yd 1.
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. If 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.
M
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.
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xx.
GOVERNING LAW /VENUE
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.
Foundation
Date: s By:
usan M. Strate, M13. Chair
North Central Texas Medical Foundation
Date: 017-/2-06
Date:
Date:
Approved as to Form:
By:
Arthur J. Szc erba, M.D. /
By:
Glen Minter, M.D.
an
City of Wichita Falls, Texas
Darron Leiker, City Manager
P. O. Box 1431
Wichita Falls, Texas 76307
Bill Sullivan, City Attorney
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EXHIBIT "A"
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
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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
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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 (average time required in clinic per week four (4) hours)
• Complete pediatric assessment
• Nutritional evaluation
• Developmentalibehavioral status assessment
• Chart review
• Review Lab results
• Issue prescriptions 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
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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 QA
activities.
Pharmacy
Contractor Responsibilities
• Serves as member of Therapeutics Committee
• Annual formulary review
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(C) quarantine rules; and
(D) vital statistics collections.
In addition to the foregoing, Arthur J. 5zczerba, M.D., the Health Authority, or, Glen
Minter, M.D., 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.
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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 drug 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 within ten (10) days after receiving notice under
subparagraph (d)(2), from an employee or otherwise receiving actual notice of
such conviction.
(f) 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 appropriate personnel action against such an employee, up to
and including termination; or
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(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.
11
(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 Contractor: Arthur J. Szczerba, M.D.
Glen Minter, 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: ✓ � �
Arthur J. Szcze a, M.D
Signed by:
Glen Minter, M.D,.
Date
? -13 -K
Date