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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