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17-L IBCLC Consultant WICDRAFT F:ALICE\RFSWORK\CURRENT\ WIC - Consultant Services IBCLC Res May 26, 2004 RESOLUTION NO. 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 LTNIT 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 finds 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. That this resolution shall be effective from and after the date of passage. PASSED AND ADOPTED this 14th day of June, 2004. ATTEST: Curtis Fendley, Mayor Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney PROFESSIONAL SERVICES AGREEMENT FOR AN INTERNATIONAL BOARD CERTIFIED LACTATION CONSULTANT FOR THE PARIS-LAMAR COUNTY HEALTH LTNIT 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 6r' 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. Facilit, 'ponsibilities 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. 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 Agreement 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 a11 provisions herein, unless either Party terminates the Agreement at any time upon giving thirty (30) days' 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 a11 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 sha11 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 sha11 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. Confidentialitv 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 HIPAA legislation and, where applicable, existing Texas law, Contractor may be designated as a`Business Associate" and assume the associated responsibilities for the protection of protected health information. EXECUTED this day of , 2004. LTNIT PARIS-LAMAR COUNTY HEALTH Anthony Bethel, Director International Board Certified Lactation Consultant EXHIBIT 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. EXHIBIT 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.