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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 ���161 \\��a 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". % 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 3 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 rd 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 5 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. r 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. 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL - -a ALBERT J. BORO, _Mayor ATTEST: /2, � ANNE M. LEONCINI, City Clerk APPROVED AS �Vs GUINAZ'S ,-u- /�C' Attorney CONTRACTOR "PATRICIA KENDALL Medical Group Administrator �ZQ , �� I ""d) 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.