HomeMy WebLinkAbout2007-04-23 07-158 ORDERItem No. Pl%,�K R'
tnat: April 23, 2007
Item/Subject: ORDER, Authorizing the City Managerto Execute a Conbactwith Eastem Maine Medical
Center — M Clinic
Responsible Ireparb w to Health & Welfare
The City's grant with the Maine Center for Disease Control (CDC) to operate our STD Clinic requires
an independelt medical practitioner. Due to a recent staff resignation, the City advertised to fill the
vacancy. No appropriate candidates were identified; EMMC was then approached and a contract
was negotiated. This contract allows the City to meet the terms of its CDC grant and provide
quality STD services to those seeking that service.
Department Head
Manager's Comment:
This has been reviewed and Is recommended by they Government Operators Committee.1
ryl�v �S �aAM'l OdiIXH�m✓�a?';
p�a-�r�
age'
i a Ra <f A�a fY+l�6A Ded toa caw �1lJc.Ni 74U
Aseocfatdx femrallon Contract ^P'66 1 lea k� cpea
Budget Approval:
Finance Director
Legal Approval:
SolkJtor
Intradured fm
X passage
Fink Rending page 1 of
_ Referral
oar 158
AwigoedtOCOYocllor Allen April 23, 2007
e CITY OF BANGOR
(TITLE.) Order, Autlwdxing the City Manager to Execute a Contact with Eastern Maine
Medical Center -- STD Clinic
BE BORDERED "THE CITY COUNCIL OFTHE CITY OF BANGOR THAT
the City Manager is hereby authorized to execute a contract with Eastern Maine Medial Center
to obtain physician services for the City's sm Clinic Sald contract shall be in substantially the
same form as attached hereto and in a final form as approved by the City solicitor or Assistant
Cry solicitor.
IN CIW CORPCIL
APrn 23, 2W7
Nocton Made and Seconded
for Pag�age
pass:
PITY CLRRR
¢ m -aa
O RRRR
tat ot[he Cikv nako
Execute a Contract Eastern Maine
NnAfmal CgAt9x - TCl'oic
W 158
EMMGBANGOR STD CLINIC AGREEMENT
I. PARTIES
THIS STD CLINIC AGREEMENT (the "Agreement) is made and entered into
effective this 4th day of March, 2007, by and between Eastern Maine Medical Center, a
nonprofit corporation organized and existing under the laws of Maine with an office in
Bangor, Maine (hereinafter the "Contractor") and The City of Bomaor, 73 Barlow Street,
Bangor, Maine (hereinafter the "City").
If. RECITALS
WHEREAS the City operates an STD Clinic (hereafter the "Clinic") and desires In
obtain physician services in the specialty of Family Practice;
WHEREAS the Contractor employs physicians with necessary qualifications for
providing those services;
WHEREAS the City has determined that an agreement with the Contractor would
make available quality Family Practice services, improve patient access and result in
more efficient use of resources;
WHEREAS Ne City desires to engage the Contractor to perform such clinical
services as hereinafter set forth; and
WHEREAS it is the joint goal of the City and the Contractor to enter into a
professional relationship consistent with legal, regulatory, accreditation and other
applicable requirements:
THEREFORE, in consideration of the mutual covenants and agreements contained
herein, it is hereby agreed by and between the parties as follows:
BI. SCOPEOFDUTIES
The Contractor shall provide one or more qualified physicians to perform the
following duties one (1) day per week as scheduled from time to time by the parties
consistent with medical staff privileges granted by the Contractor:
• Interviews clients to determine signs and symptoms related to STD Clinic visit.
• Physical examinations.
• Order and interpret tab results
Rev. 4/4/07
II C -Bangor STD nitric Agreement -
Page z 07 158
• Treatment according to established Maine CDC STD protocols.
• Assist in the education of clients relating to sexually transmitted diseases and in
the prevention of STDs.
• Phlebotomy.
• Provide clinical training of students on a case by case basis.
IV. STANDARD OF PERFORMANCE
4.1 Care.
The Contractor and its employees shall carry out all duties hereunder in
accordance with the policies and bylaws of the Clinic and in accordance with all
applicable standards for the practice of medicine in the specialty of Family Practice. The
Contractor may exercise reasonable professional and business discretion not inconsistent
with the requirements of this provision.
4.2 Patient Rights.
The Contractor and its employees shall observe all legal and ethical rights of
patients, including protection of confidentiality of patient records and principles of
informed consent.
4.3 Conduct.
The Contractor and employees of the Contractor shall act in a manner
reasonably consistent with the policies of the Clinic in dealing with Clinic patients,
visitors and personnel. The Clinic may exclude any person for conduct which is deemed
harmful or potentially harmful to patient care or to safety of my person or property.
4.4 C analiaace with Law and Policy
The Contractor, its employees, agents and subcontractors who perform
services hereunder shall comply with all applicable Federal and State Law and regulation
in the performance of the Contract, and with all safety, health and other applicable Clinic
policies communicated m it by the Clinic, including but not limited to wearing the
Clinic's required name badge at all times on duty at theCity's facility in complying with
any Contract Manual that the Clinic may provide.
PMMC-Bangor SlD Clinic Agreement -07 158
Page 3
V. QUALIFICATIONS
The physicians employed by the Contractor shall at all times during the term hereof
retain ficensure to practice medicine in the State of Maine, certification by the American
Board of Family Practice, current unrestricted DEA narcotics number, membership in
good standing on the active medical staff of the Contractor, and appropriate clinical
privileges.
00=0Ila 9pel rl W11140RYY:rC01111:
The parties shall at all times be acting and performing as independent contractors.
Each party has the responsibility of paying its employees as required by law (including
payment of social security taxes, workers compensation and unemployment
compensation) and generally determining my and all appropriate forms of compensation
and fringe benefits for them, and, except as specified herein, terms of employment,
evaluation, discipline and qualifications. The Contractor shall advise each employee of
his/her status as an employee of the Contractor.
The Contractor shall indemnity and hold the City, its employees, agents, and
insurers (including the trustee of my self-insurance fund) harmless of and from my and
all injury, loss, damage, claims and expenses whatsoever (including without limitation
judgments, fines, and attorney fees and settlements reasonably inured) arising out of or
in correction with the Contractor's compensation of and legal duties to its employees.
VIL EQUIPMENT, SPACE, HOUSEKEEPING
The City shall provide such space, equipment, parts and service, housekeeping,
utilities, facilities and fixtures, as may be necessary for the proper performance of the
work, duties and obligations devolving upon the Contractor under this Agreement.
VIH. SUPPLIES
The City shall provide all supplies required by the Contractor for services
hereunder.
EMMC-Bangor8 Clinic Agreertrent 97 158
Page 4
IX. SUPPORT SERVICES AND PERSONNEL
Administrative, secretarial, technical personnel will be provided by theCity.
X. RATES, BILLING AND COMPENSATION
The City shall establish mfrs to be charged patients bythe City for services
rendered by the Contractor a the Clinic pursuant to this Agreement. The Contractor
grants to the Citythe right to claim and receive any such fees m charges and will obtain
agreement to do the same from my physician employed to carry out duties hereunder in
such form as may be required by my payor of such services.
The City shall compensate the Contractor for services hereunder as follows:
$1$1.00/hour
Payment for services is due within 30 days of invoice.
R4 x:161 all 1761:1" I[q>7R7[7 d: IS IVs
This Agreement is at all times subject to applicable state, local and federal laws
including, but not limited to, the Social Security Act, the rales, regulations, and policies
of the United States Department of Health and Human Services, all public health and
safety provisions of state law, and regulations of the State Health Planning Agency. This
Agreement is subject to amendments in such laws and regulations and to new legislation.
In the event that my such amendment substantially modifies my term of this
Agreement or causes one or both parties to be in violation of law, the partes shall in good
faith ecemise their best effort to modify the terns of this Agreement consistent with such
amendments in order to carry out its purposes. In the event that the parties fail to reach
agreement to modify this Agreement, either party may terminate this Agreement on 30
days written notice to the other.
Any other matters of agreement contained herein, unrelated to changes in federal,
state or local laws or regulations may be altered only in writing signed by both parties.
B C-BangmrSTD Clinic Agreement 07 158
Page 5
XII. TERM
This Agreement shall remain in effect for a term of one (l) year and shall renew
automatically thereafter for additional terms of one year each unless terminated as
provided below. Article X (Rates, Billing and Compensation) shall be re -negotiated
annually.
Either party may terminate this agreement at any time on ninety (90) days notice.
This Agreement may be terminated by the City at any time and without notice for
temanation, suspension or limitation of the licemse, DEA registration, professional
liability insurance or clinical privileges of any physician employed by the Contractor to
provide services at the Clinic.
This Agreement maybe terminated by the City at anytime for failure to perform
duties hereunder or to provide adequate patient care, or for conduct of the Contractor
which is determined by the Clinic to be disruptive or detrimental to the Clinic. Before
terminating this Agreement for any of the reasons set forth in this paragraph, the City
shall give the Contractor written notice of its intent to terminate, which notice shall afford
the Contractor ten (10) days to remedy the situation complained of The Citymay
suspend this Agreement without pay during the notice period. In the event of second or
subsequent occurrence described in this paragraph, the City may terminate this
Agreement without notice or opportunity to cure.
This Agreement maybe terminated by either party at any time and without notice if
(a) the other party is adjudged bankrupt or insolvent, which judgment remains in effect
for a period of ninety (90) days; or if (b) the other party consemts to the institution of
bankruptcy or insolvency proceedings against itself, or files a petition or answer in
consent seeking reorganization or relief from creditors under federal or state law or
consents to the filing of any such petition or to the appointment of receiver, liquidator,
assignee or trustee of the other party or of any substantial pati of the other party's
property or the making of an assignment for benefit of creditors or admits an inability to
pay debts as they wine due; (or if (c) (he other party is liquidated or dissolved, or initiates
proceedings to liquidate or dissolve).
This Agreement may also be terminated as provided in Article M.
E C -Bangor STDClinic Agreement 07 158
Page 6
HIOURRURNS.
Each party shall maintain general and professional liability insurance for itself and
its employees. A current certificate of insurance shall be furnished to the other party,
which shall be notified by the insurer in the event of cancellation or non -renewal of my
such professional liability insurance. A party shall, if such insurance is on a claims -made
basis, obtain additional insurance for claims brought after termination with respect to
occurrences during the term of this Agreement.
Each party shall notify the other party of my and all incidents, untoward
occurrences, or claimers made arising out of its services hereunder. The parties shall
cooperate in my investigation of claims or incidents to the extent that doing so does not
jeopardize a party's own professional liability insurance coverage.
Each party (the'7ndenumm") shall, to the extent of its professional liability
insurance therefor, defend, indemnify, and hold the other party, and its respective
inhabitants, testees, officers, employees and agents (the "Indemnitees") harmless from
and against all liabilities, losses, suits, claims, judgments, fines or demands arising by
reason of injury or death of my person or damage to my property, including my and all
reasonable costs for investigation and defense thereof (including but not limited to
attorney's fees, court costs, and expert witness foes), of my name whatsoever arising out
of or incident to the Indem mor's, its employees' and agents' negligent acts and
omissions in carrying out this Agreement unless such injury, death or damage is caused
by the negligence of one or more Indemnitees.
The indemnification provisions of the City contained in this Agreement,
notwithstanding anything to the contrary in this Agreement, shall not be considered to,
and shall not, expand or create liability on the part of the City to any person (including
the persons so indemnified) for claims from which such indemnitor is released,
exempted and/or protected by the Maine Tort Claims Act, as it is currently in effect or
is in the future from time to time modified or expanded. The obligations and exposure
of the City under any indemnification obligations contained in this Agreement are
subject to the foregoing limitations, and are further subject to and shall not exceed the
amounts payable to my claiming party under my liability insurance or other insurance
the City is maintaining at the time of such claim, if any.
The Contractor hereby expressly agrees that it will defend, indemnify and hold the
City, its inhabitants, officers, employees and agents completely hornless from my and all
claims made or asserted by the Contractor's agents, servants or employees arising out of
e C- Bangor SMr frdcAgreement
Page 7
the Contractor's action under this Agreement. For this numose the Contractor hereby
expressly waives and all immunity it may have under the Maine Workers Compensation
Act in regard to claims made or asserted by the Contractor's agents, servants or
employees. The indemnification provided under this paragraph shall extend to and
include my and all costs incurred by the City to answer, investigate, defend and settle all
such claims, including by not limited to the City's costs for attorney's fees, expert and
other witness fees, the cost of investigators, and payment in full of my and all judgments
rendered in favor of the Contractor's agents, servants or employees against the City in
regard to claims made or asserted by such agents, servmts or employees.
XIV. EQUAL OPPORTUNITY
The City complies with and requires Contractor to comply with the equal
opportunity provisions of the following laws as amended and the rules and regulations
issued pursuant thereto: Executive Order 11246, including 41 CFR 60-1A(a), Section
503 of the Rehabilitation Act of 1973, including 41 CFR 60-741.5(a), and the Vidnam
Era Vendors' Readjustment Assistance Act, including 41 CFR 60-250.5(a).
EMMC-Bangor STD CBnk Agreement 09 IM
Page B
XV. MISCELLANEOUS
15.1 Notices.
Any notice or other communication by either party to the other shall be in
writing and shall be given, and be deemed to have been given, if mailed, postage prepaid,
registered or certified mail, addressed as follows:
To the City: C. Shawn Yardley, BS, MS
City of Bangor
Director of Health and Welfare
103 Texas Avenue
Bangor, Maine 04401
To Contractor: lames A. Raczek, M.D.
Vice President and CMO
Eastern Maine Medical Clinic
489 State Street
Bangor, Maine 04401
Or to such other address and to the attention of such other person or officer
as either party may designate by notice.
15.2 No Waiver.
Neither the failure by the parties to insist upon strict performance of my
provision of this Agreement, nor to exercise a remedy consequent upon a breach thereof,
nor the acceptance of full or partial performance during the continuance of any breach by
the other, shall constitute a waiver of any such breach.
15.3 Further Instruments or Action.
Each party agrees that it will execute and deliver such further instruments
and will take such further action as may be reasonably necessary in order to effectively
discharge or perform or carry out any of the respective obligations and agreements
hereunder.
E C -Bangor STD Chruc Agreement
Page 9
Gf'1ss
15.4 Surviving Obligations.
Notwithstanding the termination of this Agreement, the parties shall be
required to carry out any provisions hereof which contemplate performance by a party
subsequent to such termination and such termination shall not affect any liability or
obligation which shall have accrued prior to such termination.
15.5 No Requirement to Refer
It is not a purpose of this Agreement to induce the referral of patients. The
parties acknowledge that there is no requirement under this Agreement or any other
agreement between them that Contractor refer any patients to the Clinic for products or
services. All consideration hereunder is at fair market value. No payment under this
Agreement is in return for the referral of patients, if my, or in return for the purchasing,
leasing, or ordering of any products or services from the City. The Contractor may
refer patients to any hospital or other entity providing such products or services
consistent with professional medical judgment and the needs and wishes of the individual
patients.
15.6 Integration Governing Law.
This Agreement shall be construed and all of the rights, powers and
liabilities of the parties hereunder shall be determined in accordance with the laws of the
State of Maine. This Agreement contains a whole understanding of the parties and
supersedes all prior oral or written representations and statements between the parties.
15.7 Assignability
This Agreement is not assignable either party.
EMMC-Bangor SM Cbnic Agreement . 07 159
Page 10
XVI. EXECUTION
In witness whereof, the parties have executed in duplicate this Agreement,
intending to be bound hereby, as of the date first above specified.
CITY OF BANGOR
By:
Edward A. Barrett
City Manager
EASTERN MAINE MEDICAL CLINIC
By:
James A. Raczek, MD.
Vice President and Chief Medical Officer
Tax Identification Number:
G7 158
Bangor Sexually Transmitted Disease Clinic
Mission statement
To provide affordable testing and trextlnent of sexually uummitted diseases, sexual
health educational outreach, and disease intervention and follow-up to the communities
of Central end Northern Maine. Clinic staff provides these comprehensive services
without discrimination on the basis of race, color, creM, class, gender, religion, sexual
origination or lifestyle Preference.
Budget Units
Onefall-timeemployee: Program Comdinator.
four part-time employees:
(1) gravity Nurse Pmditioner/or MD
(1) Labommry Technician
(1) Clime Assistant
(1) Cleating Pgiaovnel
Clinic Service Updates 20V-2008
• Began offering free folic acid -rich multi-vitamins(in collaboration with the City
of Bangor Public Health Nurses and the Meech of Dimes) to women of
childbearing age who are receiving clinical testing services.
• Began offering smoking cessation materials from the Healthy Maine Partnership
for clients receiving chancel testing services.
• Collaborated with the City of Bangor]mmuniution/Travel Clinic in January
2006 to draw Hepatitis A and B time levels on an ongoing basis.
• Collaborated with the University of Maine Nursing Program an off a
Community Health Rotation opportunity for a senior undergraduate nursing
student. Clinic received an exemplary reviewfrom the nursing deportment and
the panic paring srudcu.
• Clinic hired a certified Laboratory Technician to continue our laboratory
certification from CLIA and keep sexually transmitted disease testing costs at a
minimum in May 2006.
• Began monthly STD testing at Shaw house to reach ora target audience
• Began STD testing as needed at the Penobscot County Jail with a goal to have a
monthly testing day
BeoBm SexuellY TraamittM Diswe Clinic
07 158
Goals for the Clinic 2087-2808
• Collaborate with the new private -pay Methadone cliNc in Bangor (Colonial
Managanent Group) w offer free on-site Hepatitis C testing to intravenous drug
uses on a moodily basis.
• To increase the number of outreach to schools, shelters and other places where
people ages 24 and under can be reached.
• Off an internship opportunity to a student in the School of Social Wmk at the
University of Maine for at least one academic semester.
• Continue to find ways th collaborate with area agencies serving demographics of
the population that have been identified by the Center for Disease Control as at a
high-risk for contracting sexually transmitted diseases.
Bangor Sexually Towmi sd Divan Case
07 158
STD Clinic Monthly Numbers for 2007
Months
I Office
Visits
Syphilis
Teats
Gonorrhea
Tats
Cblanaydia
Tests
HW
Tests
Fdocatioml
Presentations
Jav
C21
2]
2]
21
0
Fe
43
24
26
26
20
0
Ma
37
25
28
128
18
0
07 ?58
BANGOR STD CLINIC
CLINICIAN
JOB DESCRIPTION
QuaBf shoos
Current Licensure as MD, or PNP; Independent parties license or eligibility to apply as
independentprectitioner.
Current federal DEA registration and prescriptive privileges in the State of Maine.
Required to carry private malprosm" insurance
Knowledge of State of Maine reasonable conditions
I1=7
Interviews clients to determine signs and symptoms relatM to STD clinic visit
Physical examination
Orders and interprets lab results
Treatment according to established Maine CDC STD pmtomis
Assists in the education of clients relating to sexually transmitted diseases and in the
provention of STDs
May be asked to perform phlebotomy
Provides clinical training of stations on a case by case basis