2004-108-RES APPROVING AND AUHORIZING A PERSONAL AND PROFESSIOAL SERVICES CONTRACT FOR CONSULTANT SERVICES OF AN INTERNATIONAL BOARD CERTIFIED LACTATION CONSULTANT FOR WIC
RESOLUTION NO. 2004-108
A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS,
APPROVING AND AUTHORIZING A PERSONAL AND
PROFESSIONAL SERVICES CONTRACT FOR CONSULTANT
SERVICES OF AN INTERNATIONAL BOARD CERTIFIED
LACTATION CONSULTANT FOR THE PARIS-LAMAR COUNTY
HEALTH UNIT TEXAS WIC PROGRAM; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Paris-Lamar County Health Unit Texas WIC Program is in need
of the services of an International Board Certified Lactation Consultant to provide services
that are beyond the WIC staff's expertise; and,
WHEREAS, it is deemed to be in the best interest of the City of Paris and the Paris-
Lamar County Health Unit that such personal and professional services contract for an
International Board Certified Lactation Consultant for the Paris-Lamar County Health Unit
Texas Wic Program in the form of Exhibit A attached hereto and made a part hereof be
approved; and,
WHEREAS, the City Council of the City of Paris, Texas fmds and determines that
such services are necessary to preserve and protect the health and safety of the citizens of
the City of Paris; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby
in all things approved.
Section 2. That the professional services contract for an International Board
Certified Lactation Consultant for the Paris-Lamar County Health Unit Texas WIC Program
in the form of Exhibit A attached hereto, be, and the same is hereby approved and
authorized.
Section 4.
passage.
That this resolution shall be effective from and after the date of
PASSED AND ADOYfED this 14th day o~J~.n e., ~.~. _ ..
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Curtis Fendley, ayor
ATTEST:
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enan lxon, SSlS t Ity er
PROFESSIONAL SERVICES AGREEMENT
FOR AN INTERNATIONAL BOARD CERTIFIED LACTATION CONSULTANT
FOR THE PARIS-LAMAR COUNTY HEALTH UNIT
TEXAS WIC PROGRAM
This services agreement (" Agreement") is made effective as of the _ day of
2004, by and between , IBCLC, located at , Texas
(hereinafter referred to as "Contractor"), and Paris-Lamar County Health Unit, a Texas nonprofit
corporation located at 740 6th Street S.W., Paris, Texas 75460 (hereinafter referred to as
"Facility"). Contractor and Facility are sometimes collectively referred to herein as the "Parties"
and sometimes singularly referred to as the "Party".
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services
Facility appoints Contractor and Contractor accepts the appointment to supply the Services
as set forth on Exhibit A.
2. Contractor's Responsibilities
a. Contractor is an individual and has all requisite power to conduct its business as
presently conducted.
3. Facility's Responsibilities
a. Facility agrees to make available to Contractor all records and information in its
possession relevant to the client for the purpose of planning for and providing the
needed Services.
b. Facility agrees to provide Contractor with access to all applicable Facility policies
and any pertinent amendments thereto.
c. Facility agrees to pay Contractor for Services at sums as indicated on Exhibit B.
d. Facility agrees to remit payment to Contractor within thirty (30) days after Facility
receives an invoice conforming to the specifications and time deadlines set forth in
this Agreement if, and only if, Facility has received documentation of the Services
in a form acceptable to Facility.
4. Term of Aereement
Unless sooner terminated as provided herein, this Agreement shall be for a term of six (6)
months beginning , 2004 and ending , 20_. This Agreement
shall automatically continue for successive terms of one (1) year each thereafter, upon all
EXHIBIT .L
provisions herein, unless either Party terminates the Agreement at any time upon giving
thirty (30) days I written notice to the other party.
5. Independent Contractor Relationship
In the performance of the work, duties, and obligations devolving under this Agreement,
it is mutually understood and agreed that Contractors at all times acting and performing
as an IBCLC which Contractor shall perform the required work and functions in the sole
interest and responsibility of the Facility to ensure that the Services provided by Contractor
are performed and rendered in a competent, efficient and satisfactory manner. All
applicable provisions of law and other rules and regulations of any and all governmental
authorities relating to Services shall be fully complied with by all Parties hereto. In no
event shall this Agreement be construed as establishing a partnership or joint venture or
similar relationship between the Parties hereto.
Because Contractor is an independent contractor, neither Contractor nor Contractor's
employees shall be entitled to any pension, bonus, profit sharing, health or other similar
benefits which are provided by Facility to its employees. Contractor shall be solely
responsible for the payment of any federal or state income taxes and self-employment
(Social Security) taxes arising from Services performed by Contractor under this
Agreement. Contractor shall provide for any worker's compensation, liability,
unemployment compensation and other necessary insurance coverage. Neither Party shall
have the authority to bind the other in any respect, it being intended that which shall
remain an independent contractor responsible for its own action.
6. Liability Insurance
Contractor has in effect, and shall remain in effect during the Term of this Agreement at
its own expense and cost, professional liability insurance and comprehensive general
liability insurance covering equipment and services contemplated under this Agreement,
in the minimum amounts of Two Hundred Thousand Dollars ($200,000.00) per occurrence
and Six Hundred Thousand Dollars ($600,000.00) aggregate. Contractor will give proof
of current insurance coverage naming the Facility as an additional insured.
7. Medical Records
As a condition of receiving compensation under this Agreement, Contractor agrees to
prepare and submit written reports and records relating to clients as set forth in the WIC
programs policy, rules, and regulations. All reports and medical records relating to clients
assessed or treated by Contractor shall belong to and remain the property of Facility .
8. Confidentiality
a. Information. Each Party to this Agreement, by virtue of entering into this
Agreement, will have access to certain information of the other Party that is
confidential and constitutes valuable, special and unique property of the other
Party. Neither Party nor any of their respective affiliates or any of their respective
agencies or employees shall release said information to a third party unless required
or permitted to do so by law and with the approval of the other Party.
b. Health Insurance Portability and Accountability Act of 1996 (HIPAA) - in
accordance with federal HIP AA legislation and, where applicable, existing Texas
law, Contractor may be designated asa "Business Associate" and assume the
associated responsibilities for the protection of protected health information.
EXECUTED this _ day of
,2004.
PARIS-LAMAR COUNTY HEALTH UNIT
Anthony Bethel, Director
International Board Certified
Lactation Consultant
EXIDBIT A
Requirements of Contractor are to meet the needs of the Women, Infants and Children (" 'WIC"
program) and fulfill contractual obligations to the Paris-Lamar County Health Unit Texas WIC
Program ("Program"). Contractor will report directly to WIC Director at Paris, Texas and be
responsible for the delivery of Program services performed in compliance with federal and state
policies and procedures. Duties of the Contractor will include the planning, coordinating and
evaluating clinical and breastfeeding services related to the program.
Specific objectives for the Lactation Consultant are as follows:
Counsel WIC moms with breatsfeeding problems that are beyond the expertise of WIC staff.
Provide breastfeeding education to WIC staff.
Provide lactation consultation to WIC referred clients in a place designated.
Provide lactation counseling services by telephone Monday through Friday 9:00 a.m. to 5:00 p.m.
Provide written communication of each consult with consent of the client to the healthcare provider
and to the WIC Director for the purposes of follow-up and record keeping.
ExmBIT B
FEE FOR SERVICES:
Payment of $45.00 per hour (while consulting, from the home office or via telephone).
Payment of $60.00 per hour (for a maximum of two hours per visit) for clinic site visit.
Remaining time spent with clinic will be paid at the rate of $45.00 per hour.
A telephone log will be kept and consulting services by phone or in person will be charged at a
rate of $45.00 per hour. Actual time spent will be rounded to the nearest 15-minute increment.