HomeMy WebLinkAboutCC Resolution 11439 (Occupational Healthcare Services)RESOLUTION NO. 11439
RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT
WITH THE PERMANENTE MEDICAL GROUP, INC. FOR
OCCUPATIONAL HEALTH PROVIDER SERVICES
(commencing on January 1, 2004)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San
Rafael, an Agreement with The Permanente Medical Group, Inc. for Occupational Health
Provider Services commencing on January 1, 2004, and renewing annually thereafter unless
terminated under the provisions of the agreement.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City on Monday, the 17th day of November, 2003, by the following vote, to
wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE E M. LEONCINI, City Clerk
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AGREEMENT BETWEEN
THE CITY OF SAN RAFAEL AND
THE PERMANENTE MEDICAL GROUP FOR
OCCUPATIONAL HEALTH PROVIDER SERVICES
This Agreement is made and entered into this 17`x' day of November, 2003, by and between
the CITY OF SAN RAFAEL (hereinafter "CITY"), and The Permanente Medical Group, Inc.
(hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the City of San Rafael has need for the services of an Occupational Medical
Provider; and
WHEREAS, the City of San Rafael has completed its review of proposals submitted by
noted Occupational Medical Providers,
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative of the CITY for all purposes
under this Agreement. The Assistant Director of Management Services, Human Resources/Risk
Management is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT
MANAGER shall supervise all aspects of the progress and execution of this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Mary Scala, Service Unit Manager, is hereby designated as the PROJECT
DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the
execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the
CONTRACTOR shall notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or services as follows:
a) provide occupational health services for the CITY as described in CONTRACTOR's
Proposal for Occupational Health Provider Services (POHPS) dated July 2003 and by this
reference incorporated herein, and EXHIBIT "A", attached hereto and incorporated
herein.
b) provide for medical examinations and related services as described in
CONTRACTOR's POHPS and EXHIBIT "A".
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c) provide physicians, employed with provider, to provide all medical services as
contemplated by EXHIBIT "A".
d) compensate all physicians and other health care professionals for the services provided
under this Agreement.
e) maintain, in a confidential manner consistent with all applicable state and federal
laws and regulations, complete records on each individual examined or treated by
CONTRACTOR's employees, agents or contractors, for the duration of the Agreement.
f) make such records available only to the Assistant Director of Management Services —
Human Resources/Risk Management or other person designated by same; provided
however, that medical records and medical information which identifies individuals for
whom CONTRACTOR provides services or conducts medical examinations under this
Agreement shall only be provided to CITY in compliance with state and federal laws.
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and shall perform the duties
as described in EXHIBIT "A".
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR as described in CONTRACTOR'S POIE'S, Exhibits "B" and "C", attached
and incorporated herein.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for one (1) year commencing on January 1, 2004 and
shall be automatically extended annually for additional periods of one (1) year unless terminated as
provided in section 6, below.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon sixty
(60) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to
cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such
notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty (30) days after termination; provided
however, that medical records and medical information which identifies individuals for whom
CONTRACTOR provides services or conducts medical examinations under this Agreement
shall only be provided to CITY in compliance with state and federal laws.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY; provided
however, that medical records and medical information which identifies individuals for whom
CONTRACTOR provides services or conducts medical examinations under this Agreement shall
only be provided to or owned by CITY in compliance with state and federal laws.
CONTRACTOR is responsible for keeping sufficient documentation to support appeals of any
decision.
8. INSPECTION AND AUDIT.
CONTRACTOR encourages CITY to compare its performance standards and results with those
of any other medical care organization. CONTRACTOR will permit CITY to review state and
federal regulatory agency audits from the previous two years. CONTRACTOR reserves the
right to remove identifiers, confidential medical information, and proprietary information
including trade secret information, peer review information, and any information under the "self -
evaluative privilege."
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of
the other party, and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereunder shall be void and of no effect.
10. INSURANCE.
A. During the term of this Agreement, CONTRACTOR shall procure and maintain, at
no expense to CITY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum amount
of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or
property damage; CONTRACTOR shall also require and ensure that all of its independent
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contractor physicians maintain comprehensive general liability insurance in similar amounts and
with similar provisions as delineated herein;
2. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy, specifically medical
malpractice liability insurance for all independent contractor physicians retained by
CONTRACTOR, in the minimum amount of one million ($1,000,000) dollars to cover any claims
arising out of the CONTRACTOR's or CONTRACTOR's independent contractors' performance
of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by section 10. A., shall
also meet the following requirements:
1. The insurance shall be primary with respect to any insurance or coverage
maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution;
2. Except for professional liability insurance, the insurance policies shall be
endorsed for contractual liability and personal injury;
3. Except for professional liability insurance, the insurance policies shall be
specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as
additionally named insureds under the policies.
4. CONTRACTOR shall provide to CITY, (a) Certificates of Insurance
evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its
officers, agents, employees, and volunteers, as additional insureds under the policies.
5. The insurance policies shall provide that the insurance carrier shall not
cancel, terminate or otherwise modify the terms and conditions of said insurance policies except
upon thirty (30) days written notice to CITY.
6. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years;
7. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement;
8. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation
and employer's liability insurance, as required by the State Labor Code and other applicable laws
and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability
for injuries to CONTRACTOR's officers and employees. The insurer shall agree to waive all right
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of subrogation against the City, its officers, officials, employees and volunteers arising from work
performed by the CONTRACTOR.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies
must be declared to and approved by the CITY. At CITY's option, the deductibles or self-insured
retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or
CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations,
claims administration, attorney's fees and defense expenses.
E. Notwithstanding any other provision of this Agreement, CONTRACTOR, in lieu
of any insurance requirements contained herein, may fulfill such insurance obligations under this
Agreement through its alternative risk management programs, including self-insurance, and CITY
hereby consents to such self-insurance and agrees that in such case, CONTRACTOR cannot
provide endorsements or report deductibles or self-insured retentions or other requirements that are
inconsistent with a program of self insurance.
11. INDEMNIFICATION.
CONTRACTOR shall indemnify, release, defend, protect and hold harmless CITY, its
officers, officials, agents, employees, and volunteers, against any claim, demand, suit, judgment,
loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out
of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent,
of CONTRACTOR or CONTRACTOR'S officers, agents, subcontractors and employees in the
performance of their duties and obligations under this Agreement, excepting only the established
sole negligence or willful misconduct of CITY, its officers, officials, agents, employees and
volunteers
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement. CONTRACTOR shall also
comply with Executive Order 11246 entitled "Equal Employment Opportunity" and with all federal
labor regulations (41 CFR Part 60).
13. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
14. NOTICES.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
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delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY: Daryl Chandler
Assistant Director, Management Services
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR: Mary Scala
Service Unit Manager
The Permanente Medical Group, Inc.
99 Montecillo Road
San Rafael, CA 94903
15. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
officials, subcontractors, agents and employees shall act in the capacity of an Independent
CONTRACTOR, and not as employees of the CITY. CONTRACTOR and CITY expressly
intend and agree that the status of CONTRACTOR, its officers, subcontractors, agents and
employees be that of an Independent CONTRACTOR and not that of an employee of CITY.
16. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
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17. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other tern, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. The
subsequent acceptance by either party of any fee, performance, or other consideration which may
become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, condition, covenant of this Agreement or any
applicable law, ordinance or regulation.
18. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
19. CITY BUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes.
CONTRACTOR's taxpayer identification number is 941105628, and CONTRACTOR certifies
under penalty of perjury that said taxpayer identification number is correct.
20. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
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ALBERT J. BORO, _Mayor
ATTEST:
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ANNE M. LEONCINI, City Clerk
APPROVED AS
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Attorney
CONTRACTOR
"PATRICIA KENDALL
Medical Group Administrator
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SAMUEL J. WALTERS, ,
Chief of Occupational Medicine
EXHIBIT "A"
SERVICES PROVIDED BY CONTRACTOR
A. Pre -placement Examinations: Pre -placement medical evaluations of
applicants for City employment will address the following issues, subject to
Section F below:
1. The physical findings and current functional capacity of the
individual.
2. Significant past medical history relative to the person's ability to
perform the duties of the job.
3. The functional dynamics of the job.
B. Department of Motor Vehicles Class 1 and 2 driver's license examinations
as outlined by the State of California.
C. OSHA mandated examinations.
D. Fitness for duty examinations, subject to Section F below.
E. Return -to -work examinations, subject to Section F below.
F. If CITY is requesting a health screening/ physical examination of a job
applicant/ employee, CITY will provide to CONTRACTOR detailed
information concerning the requirements for performing the job at issue.
This information should include an essential functions worksheet,
including physical and mental requirements and environmental
conditions, and a CITY job classification specification. A job analysis may
be included. The examination and any medical conclusions will be based
on the information furnished by the CITY, the physicians general
understanding of the requirements of the jobs of similar nature, the results
of specific tests requested by CITY and the medical history taken by
CONTRACTOR in light of the information provided by CITY.
Exhibit "A"
CONTRACTOR conducts such examinations with CITY'S assurances that
the examination and CITY'S medical inquiries are job-related and
consistent with the business needs of CITY, and otherwise comply with all
applicable legal obligations.
As a result of its health screening/ physical examination of a job
applicant/ employee, and based upon the applicant/ employee's clinical
conditions which become reasonably apparent during the hands-on
(clinical) examination or can be evaluated based upon the specific tests
requested by CITY, upon authorization of the employee/ applicant,
CONTRACTOR will advise CITY of the applicant/ employee's physical or
psychological limitations, if any, and the specific job tasks which cannot
be performed and/or environmental conditions, if any, which are related
to the risk to health and safety.
Upon request of CITY, CONTRACTOR shall advise CITY of changes that
may be made to permit the job tasks to be performed and/or
eliminate/ reduce the risk. CONTRACTOR shall not make any
determination of whether job tasks are essential to the position in question.
Any changes that are recommended are advisory only, based on the
physicians general understanding of the job and environment in question,
and are not intended to supplant the right of CITY to determine what
modifications are available and reasonable.
To the extent that other medical conditions are identified,
CONTRACTOR shall also:
1) notify CITY's employee/ applicant of any medical condition,
identified during the medical evaluation that CITY requested, that
CONTRACTOR believes requires further attention and recommend
that the employee/ applicant seek care from his or her personal
provider; and
2) upon authorization of the employee/ applicant, CONTRACTOR
shall inform his or her personal medical provider by transmitting
copies of the medical records created during the visit.
Exhibit "A" - p. 2
�m4 KAISER PERMANENi-E®
Exhibit "B"
PRE -PLACEMENT EXAMINATIONS
Al -Comp H+P x
x
x
$80
$68
includes 1/2 hr with
M.D.
A2 -Brief hands-on
$60
$51
exam
B -Vision (visual
x
x
$15
$12.75
screen only)
B -Vision
Included in
Included in
(color/far/near)
exam
exam
C -Hearing I
x
x
$30
I $25.50
D-Pul Function
x
x
I $35
I $29.75
E -Chest x-ray 2
x
I $100
$85
view
l
F -Resting EKG I
x
I $50
$42.50
F1 -Treadmill Stress
x
$378
$250
Test includes a
resting EKG
G-Hemogram I x
x
x
$20
$17
H-
x
$25
$21.25
Collection/handling
specimen for drug
screen
I -Urinalysis I x
x
I x
$15
$12.75
J -Chem 20
I x
$40
$34
K -Lumbar x-ray
x
x
$95
$80.75
(single view, weight
bearing)
L -General Ortho
x
Included in
Included in
Eval*
preplacement
I preplacement
M -General Ortho
x
x
Included in
Included in
Eval w/expanded
preplacement
preplacement
back eval
N -TB skin test x
x
x
• 1 step*
$20
$17
0 2 step
$30
$17
fiI KAISER PERMANENTE®
O -Administrative
Fee:
• Medical record
reviews by MD
• Conference
Calls
P -Late Cancellation
Fees
'Free to Kaiser Permanente members.
Exhibit "B"
$41 (each 15
min)
$16 (each 15
min)
$30
$34.85 (each
15 min)
$13.60 (each
15 min)
$30
��4 KAISER PERMANCNTE®
Exhibit "C" I
Supplemental Services
DMV exams
$60
$51
OSHA mandated exams
• Uncomplicated exam'
$60
$51
• Complex Exam (16 to 30 min)
$80
$68
• Comprehensive (30-45 min)
$120
$102
• Comprehensive high complexity (45
$150
$127.50
min)
Fitness -for -duty exams
• Complex Exam (16 to 30 min)
$80
$68
• Comprehensive (30-45 min)
$120
$102
• Comprehensive high complexity (45
$150
$127.50
min)
Return to work exams
• Complex Exam (16 to 30 min)
$80
$68
• Comprehensive (30-45 min)
$120
$102
• Comprehensive high complexity (45
$150
$127.50
min)
Hepatitis B vaccinations'
$60 per injection
$51 per injection
'Includes history, basic screening tests (height, weight, blood pressure, dipstick urinalysis, visual screen (color/far/near), hearing
check (whisper) and simple report.
Free to Kaiser Permanente Members.