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Home My WebLink AboutC-2653COPY AGREEMENT FOR LIMITED HEALTH SERVICES C - 2 6 5.3 This Agreement (hereinafter referred to as "AGREEMENT ") is made and entered into as of July 1, 2011, by and between Methodist Hospital of Southern California (hereinafter referred to as "HOSPITAL "), and City of Arcadia, (hereinafter referred to as "CITY "). RECITALS A. HOSPITAL is the owner and operator of a general acute care hospital located at 300 W. Huntington Drive, Arcadia, California 91007. B. CITY is desirous of contracting with qualified HOSPITAL to act as the service entity to provide care as described below. C. The parties hereto are desirous of entering into this AGREEMENT in order to set forth their respective rights and duties in connection with the services to be provided. AGREEMENT Based on such recitals, and other mutual consideration, the parties agree as follows; 1. HOSPITAL'S SERVICES (a) Hospital agrees to provide annual physical exams to Arcadia sworn Police and Fire Employees. (b) Hospital agrees to provide biennial physical examinations to City Management employees as listed on Attachment "A." which is hereby incorporated into this Agreement. Management positions may be subject to change within terms of this agreement. (c) Physical examinations of employees designated above shall be performed by a qualified Nurse Practitioner at no charge to City. The City shall pay the cost only of all lab and diagnostic tests. Exams will be scheduled according to the staffing availability in the Occupational Health Department. (d) Specific services to be offered to each eligible employee are set forth in Attachment `B" which is hereby incorporated into this Agreement by reference. (e) Those examinations shall be conducted consistent with the Schedule as outlined in Attachment "C" which is hereby incorporated into this Agreement by reference. (f) All testing and examinations are to be completed in the Occupational Health Department, Laboratory, Radiology, EKG and Respiratory Departments of Hospital. (g) Licensure and Standards i. HOSPITAL shall at all times during the term of the Agreement provide staff to perform services under this Agreement who are licensed healthcare workers in good standing in the State of California. ii. HOSPITAL shall operate the services to be delivered in compliance with all applicable governmental laws and regulations and in accordance with applicable standards and recommendations of the Joint Commission on Accreditation of Healthcare Organizations, the American Medical Association, as may be in effect from time to time. iii. Specific factors to be provided by each routine physical are set forth in Attachment "C" which is hereby incorporated into this AGREEMENT by reference; (h) Medical Records and Clinical Reports i. HOSPITAL shall provide employee with copies of the results of diagnostic testing and their physical examinations and the originals records shall be kept in the Occupational Health Department. It shall be the responsibility of the City of Arcadia employee to provide copies of those records to their Primary Medical Care Provider. ii. Any abnormal or positive findings shall be communicated to the employee. Employee shall then be responsible for communicating that information to their Primary Medical Care Provider. iii. Recommendations for future medical treatment shall be provided directly to the employee. It shall be the responsibility of the City of Arcadia employee to provide that information to their Primary Medical Care Provider. (i) General Provisions HOSPITAL shall provide: Professional nurse qualified to perform the contracted services under appropriate physician supervision; ii. Testing and medical equipment and supplies as needed to meet contract requirements; iii. Education material; 2 iv. Venue for vision and hearing tests; V. Recordkeeping. 2. CITY'S RESPONSIBILITIES (a) CITY shall provide HOSPITAL with list of covered employee names and dates of birth for routine physicals; (b) CITY shall notify covered employees of benefits available to them under this AGREEMENT and provide contact information to Methodist Hospital Occupational Health Department for covered employees to call to schedule medical examinations and diagnostic testing. (c) CITY shall distribute HOSPITAL packet to covered employees to complete and return to the Occupational Health Department on day of physical. 3. CONFIDENTIALITY HOSPITAL shall comply with all applicable patient confidentiality laws and regulations, specifically including the Privacy and Security Standards of the Health Insurance Portability and Accountability Act of 1996 ( "HIPAA ") as amended from time to time. 4. INDEMNITY AND INSURANCE Services provided by HOSPITAL are screenings and education and are not diagnostic or therapeutic or intended to be medical care advice. Parties mutually agree to indemnify, defend, and save the other party, its agents, officers, or subcontractors harmless from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to bodily injury, death, personal injury, or property damage arising from the acts or omissions hereunder, to the extent that such liability, expense, or claims of damages do not fall within the indemnification coverage provided by HOSPITAL or CITY under the terms of this AGREEMENT. 5. NONASSIGNABILITY Neither party shall assign, sell or otherwise transfer this AGREEMENT or any interest therein without the prior written consent of the other party. 6. PRIOR AGREEMENTS This AGREEMENT supersedes all prior written agreements covering the same matter between HOSPITAL and POLICE and between POLICE and other parties. 3 7. TERM (a) The initial term of this AGREEMENT shall be for three (3) years, beginning on July 1, 2011 and ending on June 30, 2014; (b) Notwithstanding this section 6(a), either party may terminate this AGREEMENT at any time by giving (30) days prior written notice to the other party; 8. AMENDMENTS This AGREEMENT may be amended only by a written document signed by both parties hereto. 9. SEVERABILITY To the extent that any provision hereof shall be finally determined by a court of competent jurisdiction to be void, illegal or otherwise unenforceable, the same shall have no affect upon the enforceability of the balance hereof. 10. CONFIDENTIALITY The substance and specific terms of this AGREEMENT, including all attachments and written amendments, are to be kept confidential and may not be disclosed to other parties without the express written permission of both parties hereto. The parties to this AGREEMENT shall recognize that the patient records are the property of HOSPITAL and the parties shall preserve the confidentiality of patient records in accordance with law. 11. GOVERNING LAW This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California and litigation concerning this AGREEMENT will be brought in Los Angeles County. 12. ENTIRE AGREEMENT Parties agree that neither party has made any representation, warranty or covenant not fully set forth herein, and that this AGREEMENT is a complete statement of the entire AGREEMENT between the parties, which supersedes all previous communications between the parties hereto. 13. FORCE MAJEURE If either party is unable to perform its obligations under this AGREEMENT, it is agreed that performance of such obligations by such party, so far as they are affected by force majeure, shall be excused from the inception of any such liability until it is corrected. The term "force majeure" as used in this AGREEMENT, shall mean any act, event, cause 0 or occurrence rendering a party unable to perform its obligations, which is not within the reasonable control of such party. 14. NOTICES Any notices required by this AGREEMENT shall be effective upon mailing, postage prepaid, or upon personal delivery as follows: To HOSPITAL: Vice President, Human Resources Methodist Hospital of Southern California 300 W. Huntington Drive P.O. Box 60016 Arcadia, California 91007 To CITY: City of Arcadia Attention: Human Resource Manager 240 West Huntington Drive Arcadia, California 91007 5 IN WITNESS, WHEREOF, we have executed this AGREEMENT on the dates written below: AL OF,SOUTHERN CALIFORNIA $y :�� vVW� v A Underwood, Vice President, Human Resources Date: 6 -� 7` / CITY OF ARCADIA By: j>an.� Title: Printed Printed Name:�4t Date: 0 CITY OF ARCADIA — METHODIST HOSPITAL BIENNIAL PHYSICAL EXAMINATIONS CITY MANAGEMENT POSITIONS ATTACHMENT "A" Accounting Supervisor Administrative Service Director Assistant City Manager /Development Services Director Assistant Director of Recreation and Community Services Building Official Chief Deputy City Clerk/Records Manager City Manager Communications, Marketing & Special Projects Manager Community Development Administrator Crime Analyst Deputy Director of Development Services /City Engineer Deputy Fire Chief Deputy Public Works Services Directors Director of Library & Museum Services Director of Recreation & Community Services Economic Development Manager Environmental Services Officer Financial Services Manager/Treasurer Fire Battalion Chief Fire Chief Fire Marshal General Services Superintendent Human Resources Administrator Human Resources Analyst Library Services Manager Maintenance Contracts Officer Management Aide Management Analyst Police Captain Police Chief Police Lieutenant Police Records Manager Principal Civil Engineer Public Works Services Director Purchasing Officer Recreation Supervisor Senior Human Resources Analyst Senior Management Analyst Transportation Services Manager Utilities Superintendent *Management positions may subject to change within terms of agreement. CITY OF ARCADIA — METHODIST HOSPITAL PHYSICAL EXAMINATION PROGRAM ATTACHMENT "B" DESCRIPTION OF SERVICES PHYSICAL TYPE: SWORN POLICE Procedure: Physical Exam & Questionnaire Audiogram Simple Spirometry Eye Exam TB Skin Test Urinalysis CBC SMA 18 Total Cholesterol Chest X -Ray (1 view) Tetanus Toxoid (if needed) Hepatitis `B" screening PHYSICAL TYPE: SWORN FIRE Procedure Physical Exam & Questionnaire Audiogram Loop Spirometry Eye Exam TB Skin Test Urinalysis CBC SMA 18 Total Cholesterol Chest X -Ray (2 views) Hepatitis `B" screening DMV Physician's Health Report (DL 546A) PHYSICAL TYPE: MANAGEMENT Procedure Physical Exam & Questionnaire Eye Exam TB Skin Test Urinalysis CBC SMA 18 Total Cholesterol Chest X -Ray (1 view) OVER 40 Add: EKG Occult Stool Prostate Specific Antigen (PSA) Mammogram — woman (symptomatic men) OVER 40 Add: EKG Occult Stool Prostate Specific Antigen (PSA) Mammogram — women (symptomatic men) OVER 40 Add: EKG Occult Stool Prostate Specific Antigen (PSA) Mammogram — women (symptomatic men) CITY OF ARCADIA — METHODIST HOSPITAL PHYSICAL EXAMINATION PROGRAM ATTACHMENT "C" SCHEDULE PHYSICAL EXAMINATION PROGRAM FY July 1, 2011 — June 30, 2012 FY July 1, 2012 — June 30, 2013 Sworn Police & Fire Employees Management Employees, Sworn Police & Fire Employees FY July 1, 2013 — June 30, 2014 Sworn Police & Fire Employees