Res 138-2007 9/18/2007 ,
RESOLUTION NO. 3� d�O�
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 Health District provides, a TB clinic, a sexually transmitted disease clinic,
an immunization clinic, and a Child Health clinic; and
WHEREAS, the Health District and the North Central Texas Medical Foundation desire to
enter into a contract for the provision of physicians to staff medical clinics; and
WHEREAS, the Health District and the North Central Texas Medical Foundation desire to
enter into a contract for the provision of Medical Director and Health Authority.
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 inedical 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 18th day of September, 2007.
� ��
MAYOR
ATTEST:
�
; ity Clerk
MEIVIORANDUM 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 an behalf of the
Wichita Falls-Wichita County Public Health District, hereinafter referred to as "District" to be
effective upon approval of the Wichita Falls Ciry Council and snbsequent execution by the
Wichita Falls City Manager or his designee.
,
WITNESSETH:
WHEREAS, the District recognizes the need ta 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 provisian af health care to meet the aforementioned needs of the District; and
WHEREAS, the Foundation currendy 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 inedicine; and
WHEREAS, the faculty physicians of the Residency (herein "Facutty 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 legalty qualified to practice medicine under the laws of the State of Texas u�►der 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 tt�e duties estabtished in the
Agreement; and
WHEREAS, Arthur J. Suzerba, 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 Asso�iate Medical Director; and
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WHEREAS, the Local Public Health ReorganizaUon Act, Chapter l2l Health and
Safety Code, and Texas Boazd of Health Rule, 25 Tex. Admin. Code §85.I2, 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 parcies agree as foilows:
I.
SCOPE OF WORK
The scope of work and responsibilities and requirements are incIuded 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 af this Agreement shall be a two-year per�od beginni�g o�t October l, 2QQ7
and ending on September 30, 2009. This Agreement may be terminated by City as pmvided
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 Djstrict providing medical
direction and quality contral of inedicai services for the District Direccor and staff inctuc3ing
but not limited to those services set forth in Exhibit "A". The Medical I}irector is responsibie
to the District Director and will work in cooperation with the District Director.
3.02 Health Authocitv. Archur J. Szczerba 1Vi.D., has been appointed as Heatth
Authority and Glen Minter, M.D., as Associate Health Authority and witl 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 coaperation 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
Heaith and Safery Code and according to Article I of this agreement.
IV.
COMPENSATION/OWNERSHIP OF DOCUMENTS
4.01 Comvensation. In consideration for the services to be rendered under this
Agreement, including all expenses, the Foundation shall be paid a fee not to exceed $9,183.33
per month. lt 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 Ciry or
the Distric� Foundation may invoic;e 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) ciays natice thereaf. These records shall be kept by
Foundation for four (4) years following the exgiration of this Agreement. 'The Foundation
shall fiunish to the District an itemized report of annual expenditures no later than the thirtieth
(30th) day follawing the expiration of each fiscal year for which services are provided under
this Agreement.
4.02 Fi�eal Fuadin�. 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 Councit
approval. In the event the Wichita Falls City Council dces not approve the appropriation of
funds for this Agreement, the Agreement shall terminate at the end of the fiscal year for which
funds were approgriated, and the parties shall have no further obligations hereunder.
4.03 Maximum Comaens�tion n�oa Termination bv Citv or Professians�l. In the
event of termination by City, with or without cause, and subject to the terms of §3.Q2 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 Ownershia of Doeuments. All client or patient records created as a result of
the District's services shall be the property of the District. Notwithstanding any provision
herein to the contrary, if requested by the Residency, the District may, in its sole discretion,
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share certain patient information with the Residency. However, the District shall first obtain a
release of inedical 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 (3Q} days af receipt
of a question or deficiencies. A deternunation 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 Sueeessors and Assisns. City and Foundation each bind themselves, their
successors, executors, administtators 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 ather party. No assignment, delegation of duties or
subcontract under this Agreement will be effeetive without the written eonsent of City.
Subject to the provision regarding ass'i�nment, this Agreement shall be binding on the
administrators, legal representatives, successors, and assigns of the respective parties.
5.02 Use of AQents, Servants. Emnlovee4 or Indeuendent Contractors. Subject
to the foregoing, to the extent reasonably necessary for the Foundation to perform its duties
hereunder, Founclation may engage, at the sole expense of the Eoundation, the services of any
agents, servants, employees or independent contractors whieh 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 campensated 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, ernployees 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 af this Agreement
shall not relieve Foundation from its full obligations to City as provided by this Agreement,
cegardless of whether such subletting is agreed to by City.
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All out-of-pocket expenses are to be borne by the Foundation, with exception for
materials set farth in Exhibit "A" attached.
It is expressly understood and agreed that any agent, servant, employee, or
independ�nt contractor retained or employed by Foundation is the agent, s�rvant, ar 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, emplayee or
independent contractor.
VI.
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
her�under; provided, however, City shall cooperate with Foundation by providing space it has
�vailable for meetings, medical evaluarion and treatment, and administrative space as
mutually agreed.
Vlt.
INSUEtANCE 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 f'or non-cesidents and limits of $100,004!$300,OU0 for residents.
Foundation shall not start work under this Agreemeni until Foundadon has abtained at its own
expense all of the insurance reyuired hereunder, and such insurance has been approved by the
City Manager. Any subcontractor of the Foundation shall be required to carry the same
insurance as the Foundation. Ta establish procurernent of Professional Errors and Omissions
insurance, Foundation shall not work under this Agreement until (1) it has fumished to the
City a Certificate of Insurance for each physician providing medical services pursuant to the
provisions of this Agreement, and (2) the insurance has been approved by the City Manager
of the City of Wichita Falls. It is the express duty of the Foundation to notify the City
Manager of any change in the Professional Errors and Omissians insurance coverage affecting
any physician providing medical services pursua�t to the pmvisions of this Agreement. Such
notice shall be in writing and fumished to the City Manager, City of Wichita Falls, Texas,
P.O. Box 1431, Wichita Falls, Texas 76307, within five (5) business days of the Foundation's
receipt of notice of change.
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VIII.
INDEMNIFICATION
Foundation does hereby cavenant and agree to waive all claims, release, indemnify,
def�nd and hald hatmless ihe City �nd the District and a11 of their officials, officers, agents,
em�loyees, volunteers and invitees in both their public and private capacities, from any arid
all 6ability, claims, suits, c�emands or causes of action, including a11 expenses of litigatian
�ncUor s�ttl�ment which may aris� by re�tr of injuuy to or death or debt of any person, or for
loss of, dama�e to or Iass of use af an�r properry arising, directly or inc�irectly, out of
Foundati8t�'s services in accordance with the Agrecrnent; and such indemniry �vill apply
v�rhether the cl�ims, suits, �oss�s, c�m$ges, causes of action or tiability, arise in r�uhole or in
g�rrt from the negligence of Foundation or a�� of its ot�icers, O�C13I5, ag�nts, employees or
invitees, �uv�ether such negligence is conttactual, comparative negligence, cancurrent
negligence, gross negligence or any other form of negligence.
The City and the District shall be respansible for the negligence of their respective
emplayees in the performance of their duties under the provisions of this Agreemen�
IX,
I1�DEPEND�NT C4NTRACTOR
Foundation covenants and agrees that he or she is an independent contractor and not
an ufficer, agent, servant or emptoyee of City; that Foeindatian shal! have exclusive cantrol 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 consultartts; that the doctrine of resporideat
superior shall not apply as between City and Faundation, iis officers, agents, emplayees,
contractors, subcontractors and consultants, and nothing �exein shall be constn�ed as creating
a partnership or joini enterprise between City and Foundation.
X.
Tr[tm[uva�r�aN
10.01 ,O�tian, Either �arty may, at its aptiot�, w�ithout cause, and wi�out prr�judice to
any other rennedy it may be entided ta at law, in equity, or otk�e�vise und�r this Agre�rzlent,
terminate further work under this Agreement, ir� whole or in pa�rt, bp g�ving at teast n�nety
(90) days prior written notice thereof to the �ther �.
10.02 Costs. If after exercising any remedy provided herein, the cost ta �ity af th�e
performance of the batance of the war�c is in excess of that part of the Agreernent sum ti�at has
nat therefore been paid to professional hereunder, Foundation shall be Iiable far at�d sha�l
reimburse City for such excess.
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�.
EQUAL OPPORTUNITIES
Foundation shail not discriminate agains�t any employee 4r applicant for emplayment
because of race, age, colar, religion, sex, disability, ancestry, national ongin ar place of birth.
Foundation shall take actian to ensure that applicants are employed and treat�d withaut regazd
to their race, age, color, religion, sex, disability, ancestry, n►ational arigin ar place of birtl�.
This action shall include but not be limited to the following: emgloyment, uggra�ling,
demotian or transfer, recruitment or recruitment advertising; layoff or termina�ian; rates af
pay or other forms of compensation; and selection of training, includin� apprenticeship.
XII.
APPLICABLE LAW
Fout►dation shall at ail times observe and camply with all federal, state and tocal �aws,
ordinances and regulations, which in any manner affect Foundation or the work, and shall
indemnify and save ha�mless City against any claim arising from the violation of any such
laws, ordinances and regutations whether by Foundation or its emptoyees. If Foundation
observes that the work is at variance therewith, Faundation shail promptly notify City in
writing. If Foundation performs any work knowing it to be contrary to such laws, ordinances, �
rules and regulations, and withaut such notice to City, Foundation sha11 bear at1 costs arising
therefrom.
XIII.
SEVE�►BiLrrx
The pravisions of this Agreement are severable. If any paragrapt�, sectian, sut>divisian,
sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law
or conm�ry 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.
NOIV-WAIVER
It is expressly understood and agreed that, in the execution of t�is Ageement, City
does not waive nor shall City be deemed hereto to have waived ax►y immw�ity or defense chat
would otherwise be available to it. It �s further agreed tltat one 4r mar� instances of
f�rbearance by City in the exercise of its rights herein shall �n no way constitute a waiv��
thereaf.
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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 provisians hereaf.
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 ather 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-bmaching party the right to terminate this Agreement.
XX.
GOVERNING LAW/VENUE
The validity of this Agreement and of any of its terms or pmvisions, 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.
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1N WITNESS WHEREOF, the �arties have executed this Agreement on f�e dates
indicated below.
Faundatioa
Date• By: .
Eid Mustafa, M.D. C '
North Central Texas Medical Fozindation
Date: �`?��D`07 By: �1�t�
Arthur J. S2c �ba, M.D.
Date: ! J I�11 G� By:
Glen M�nter, M.D.
City of Wic6ita Fa!!s, Texas
Date: By:
Darron 3. Leiker, City Manager
P. O. Box 1431
Wichita Falls, Texas 763Q7
Approved as to Form:
Bill Sullivan, City Attomey
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EXI�IBIT "A"
MEDICAL DIRECTOR
Twberculosis Clinic
Contractor Responsibilities
• Conduct weekly TB clinic (average time required in clinic per week �our (�4) haurs}
• 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 pratocols and policies annually
• Phone consultation between clinics conceming urgent lab re�rts and medication
reactions
+ Participate in annual Quatity Assurance review
�lealtl� District Respons7bil�ties:
• Supply adequate staff, equipment and supplies to maintain clinical and surveitlance
activities
+ Administer and read TB skin test according to established protocols
• Perform contact investigation and fol[ow up for each identified case
• Pre�are charts for clinics to ensure all labs and needed x-rays aze ready for physician
review
+ Prepare clients for physician including initial interview, abtain vital signs, height
weight and vision screen
• Perform ali lab draws
• Monitor all DOT clients far signs arrd symptoms of inedicatian reactian or taxicity
• Clieni education concerning disease process and medication
• Provide translators for nan-English speaking clients
• Provide TB medications and vitamins through state prograin
+ Conduct annual Quaiity Assurance review
il
Sexaally Transmitted Disease Clinic
Contractor Responsibilities
• Medical management of patients refened by PHN
• Review lab results (Includes both in-office and phone consultations)
• Chart review (Physician must review alt client records)
• Perform cryotherapy for treatmeni 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
Healih District Responsibilities
• Suppty adequate staff, equipment and supplies to manage STD clinic
• Perforrn 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
i Conduct annual Quality Assurance review
Immtrnization Ciinic
Contractor Responsibilities
• Phone consuits for unusual circumstances and varianc� reports
• Review and approve District protocols and policies annually
• Participate in annual Quatily Assurance review
Health District Responsibilities
• Provide education to all clients receiving immunization
• Consult with physician regarding any protocol variance or untoward incident relaied 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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Child Health Clinic
Controctor Responsibilities
• Conduct pediatric clinic (average time required in clitic per week four (4) hours)
• Complete pediatric assessment
• Nutritional evaluation
• Developmental/behavioral status assessment
• Chart review
+ Review Lab results
• Issue prescription/s and provide refertals as needed
• Review and approve District protocols and poiicies annually
• Phone consultation between clinics concerning urgent patient care matters
• Participate in annual Quality Assurance review
Health District Respoiesibilities
• Supply adequate staff, equipment and supplies for clinic operation
• Prepare charts for patient visits
• Assist physician as siand-by far exams
• Provide translators for non-English speaking clients
• Perform appropriate activities as detailed in District Policy and Procedures for Chi1d
Health Services
• Provide patient and parent with age appropriate education
� Schedule refen�al appointments and provide follow up
• Conduct annual Quality Assurance review
Laboratory
Contractor Respo�tsibJtt�es
• For purposes of CLIA certification, the Medical Director also serves as "Medical
Director" of the i.,aboratory. The District contracts with a pathologist who serves as
"Laboratory Consultant." The Laboratory Consultant is responsible for Laboratory QA
activities.
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EXHIBIT �B"
HEAL� Av�o�
The Foundation shall comply with the provisions of V.T.C.A., Healih 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 heatth;
or
(2) prescribed by the board.
(c) 1fie duties of a health authority include: �
(l) establishing, maintaining, and enforcing quarantine in the health
autharity's jurisdiction;
(2) aiding the board in relation to local quarantine, inspection, disease
prevention and suppression, birth and death statistics, and general
sanitation 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 manner 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
(S) aiding the board in the enforcement of the following in the health
authority's jurisdiction:
(A) proper rules, requirements, and ordinances;
(B) sanitation laws;
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(C) quarantine rules; and
(D) vital statistics collections.
ln addition to the foregoing, Arthur J. Szczerba, 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
1. The Foundation certifies that it witl provide a drug-free workplace by;
(a) Publishing a statement notifying employees that unlawfuity manufacturing
distrihuting, dispensing, possessing or using a contmlled substance int the
Foundation's workplace is prohibited and specifying the actions that wi11 be
taken against employees for vialation 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 Faundation's policy of maintaining a drug-free workplace;
(3) Any drug caunseling, rehabilitation, and employee assistat�e programs
that are availabte; and
(4) The penalties that rnay be imposed upon employees for drug abuse
violations occurring in the workplace.
(c) Making it a requirement that each employee ta 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 Ihe Agreement the employee will:
{ 1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal cl�vg statute canviction far a
violation occurring in ihe warkplace no later than f ve (5) days after
such a conviction.
(e} Natifying the District within ten ( 2 0) days afler receiv�ng notice under
subparagraph (dx2), from an emplayee or atherv4�ise re�eiving actual notice of
such conviction.
(f� Taking one af the following actions, within thirty (30) days of receiving notice
under subparagraph (d)(2), with respect to any employee so canvicted:
( I) Taking appropriate personnei action agair�st such an employee, up to
and including termination; or
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(2) Requiring such an employee to participate satisfactorily in a drirg abuse
assistance or rehabilitation program appmved for such purpases by a
federal, state or locai health, law enforcement, or other appropriate
agency.
(g) Making a good faith effart to continue to maintain a drug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and {�}.
2. T'he Contractar's headquarters is located at the faltowing address. The addresses of all
other workplaces maintained by the Contractor aze pmvided on an accompanying list.
Narne 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: 763Q1
Signed by ���ti�•�/ . <� �� D � � �
Arthur J. Szc M.D. Date
s��ea by:
��� a��7
Glen Minter, M.D. � Date