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HomeMy WebLinkAboutResolution - 2013-R0427 - Contract - UMC Physicians Network Services - Medical Services For Employees - 12_12_2013 (4)FIRST AMENDMENT TO AGREEMENT FOR SERVICES City of Lubbock Employee Medical Clinic Services This First Amendment to Agreement for Services ("Amendment") applies to an Agreement previously entered in between UMC Physician Network Services ("PNS") and the City of Lubbock ("the City"), Resolution Number 2013-110427, effective February 1, 2014 (the "Agreement"). The Agreement, as amended hereby, contains all terms, conditions, and requirements for the parties and supersedes any earlier agreements, writings, or promises. In the event of conflict or inconsistency between the Agreement and this Amendment, the terms of this Amendment shall govern. The parties agree to amend the Agreement as follows, effective upon the execution of the Amendment: 1. The first paragraph of Article 2 is amended to read as follows: "2.1 Medical Clinics. PNS shall provide access to Plan Members age two years and above at six medical clinic locations as described below:" 2. The following new subsection is added to Section 2.1: "2.1.5 Milwaukee Family Medicine. Milwaukee Family Medicine is located at 73`d Street and Milwaukee Avenue, Lubbock, Texas (Southwest location) and will begin operations on or about May 2015. The clinic will provide primary and acute health care services. All of the services will be directed by the health care provider as needed to provide high quality health care. If the Plan Member needs care outside the scope of the services offered at Milwaukee Family Medicine, PNS will assist in obtaining an appointment for the Plan Member with an appropriate health care provider within the Plan Member's Health Plan Network. Milwaukee Family Medicine will be open seven days a week with extended hours. The clinic will be open Monday through Friday 8:00 AM until 8:00 PM, Saturday 9:00 AM until 5:00 PM, and Sunday 1:00 PM until 5:00 PM. If these hours change substantially, PNS will notify the City. Plan Members may obtain services on a walk-in or appointment basis." 3. The following provision is added to Exhibit A: EXHIBIT A CLINIC LOCATIONS AND SERVICES Services are provided on a walk-in or appointment basis. Milwaukee Family Medicine 7301 Milwaukee Avenue Lubbock, TX 79424 M-F 8a-8p, Sat 9a-Sp, Sun ip-Sp Services provided under this Agreement include but are not limited to: Ordinary and routine healthcare Chronic conditions- diabetes, hypertension, etc. Asthma Amendment to 2014 Agreement for Services: City of Lubbock Medical Clinic Services Page 1 of 2 Acute conditions- sore throat, ears, headache, fever, body aches Allergies/Cough/Sinus Rashes Stomach aches Strains/sprains/musculoskeletal problems All other terms and conditions of the Agreement shall continue in full force and effect without change. CITY OF LUBBOCK By Jarr*s W. Loomis, City Manager Date: ATTEST: Rebe ca Garza, City Secretary APPR VED AS TQ CONTENT: �(v Leisa Hutcheson, Director of Human Resources & Risk Management AP,PROV-ED AS TO R UMC PHYSICIAN NETWORK SERVICES � BY: Glen Frick, Chief Operating Officer itchMI Sti feKvhite'; First Assistant City Attorney Date: y Amendment to 2014 Agreement for Services: City of Lubbock Medical Clinic Services Page 2 of 2 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract with UMC Physicians Network Services for medical services clinic for employees and eligible dependents, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on December 12, 2013 4e44e�� — GLEN . BERT ON, MAYOR ATTEST: Re —beta Garza, City Secreta APPROVED AS TO -CONTENT: Hutcheson, Director of Human Resources & Risk Management APPROV D AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-UMC Physicians Network November 6, 2013 A� " CERTIFICATE OF LIABILITY INSURANCE ioiii2o 3YY) . is CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Sanford & Tatum Insurance Agency COME: NTAppCT NATammyDi @1 PHONE (806) 792-5564 FAc u: (006)792-9344 ADDIE :dippelt@sanfordtatum.com 6303 Indiana Ave. INSURER(S) AFFORDING COVERAGE NAIC # P.O. BOX 64790 INSURERA:Travelers Llo ds 41564 Lubbock TX 79464 INSURED INSURERB:Travelers Indemnity Co 25658 INSURER C:Farmin ton Casualty 41483 Physician Network Services INSURERD: 5219 City Bank Parkway, STE 160 INSURER E : INSURERF: Lubbock TX 79407 COVERAGES CERTIFICATE NUMBER:13/14 w/out PL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx-1 OCCUR X 680-6D70065A 9/25/2013 9/25/2014 DAMAGE(R NTEO PREMISESS Ea occurrence) $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000 X POLICY PRO- LOC $ UTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 _ BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X NON -OWNED HIRED AUTOS AUTOS 680-6D70065A 9/25/2013 9/25/2014 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 B EXCESS UAB CLAIMS -MADE DIED I X I RETENTION$ 5,00 $ UP-613702039 9/25/2013 9/25/2014 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE X WC STATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) NIA IFUB-1A94320-4-13 6/26/2013 6/26/2014 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RFP: 13-11530-DT ;THE GENERAL LIABILITY 6 WORKERS COMP POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT THAT PROVIDES THIS FEATURE ONLY WHEN THERE IS A WRITTEN CONTRACT THAT REQUIRES IT. CERTIFICA CITY OF LUBBOCK CITY SECRETARY P. O. BOX 2000 LUBBOCK, TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE s Sanford/DAB ACORD 25 (2010105) 01988-2010 ACORD CORPORATION. All rights reserved. INS029 minnm nt The A!`l1Rn name anrf Inn^ am roniatcrnrf marirc of A!:(1Rr1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: ISSUE DATE: - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): PROJECT/LOCATION OF COVERED OPERATIONS: 1. WHO IS AN INSURED — (Section II) is amended b) The insurance provided to the additional in- to include the person or organization shown in the sured does not apply to "bodily injury", "prop - Schedule above, but: erty damage" or "personal injury" arising out a) Only with respect to liability for "bodily injury", of the rendering of, or failure to render, any "property damage" or "personal injury"; and professional architectural, engineering or sur- veying services, including: b) If, and only to the extent that, the injury or damage is caused by acts or omissions of I. The preparing, approving, or failing to you or your subcontractor in the performance prepare or approve, maps, shop draw - of "your work" on or for the project, or at the ings, opinions, reports, surveys, field or - location, shown in the Schedule. The person ders or change orders, or the preparing, or organization does not qualify as an addi- approving, or failing to prepare or ap- tional insured with respect to the independent prove, drawings and specifications; and acts or omissions of such person or organiza- ii. Supervisory, inspection, architectural or tion. engineering activities. 2. The insurance provided to the additional insured c) The insurance provided to the additional in - by this endorsement is limited as follows: sured does not apply to "bodily injury" or a) In the event that the Limits of Insurance of "property damage" caused by "your work" this Coverage Part shown in the Declarations and included in the "products -completed op - exceed the limits of liability required by a erations hazard" unless a "written contract "written contract requiring insurance" for that requiring insurance" specifically requires you additional insured, the insurance provided to to provide such coverage for that additional the additional insured shall be limited to the insured, and then the insurance provided to limits of liability required by that "written con- the additional insured applies only to such tract requiring insurance". This endorsement "bodily injury" or "property damage" that oc- shall not increase the limits of insurance de- curs before the end of the period of time for scribed in Section III —Limits Of Insurance. which the "written contract requiring insur- ance" requires you to provide such coverage CG D2 47 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid -and collectible 'other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if a "written contract requiring insurance" for that ad- ditional insured specifically requires that this in- surance apply on a primary basis or a primary and non-contributory basis, this insurance is pri- mary to 'other insurance" available to the addi- tional insured which covers that person or organi- zation as a named insured for such loss, and we will not share with that 'other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible 'other insurance", whether pri- mary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional in- sured under such 'other insurance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and M. The nature and location of any injury or damage arising out of the occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of 'other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 47 08 05 TMLT TEXAS MEDICAL LIABILITY TRUST August 02, 2013 Policy/ID # 1-418692 UMC Physician Network Services 5219 City Bank Pkwy. Ste. 135 Lubbock, TX 79407 PROOF OF PROFESSIONAL LIABILITY COVERAGE UMC Physician Network Services is insured by the TMLT with professional liability coverage from September 01, 2013 to September 01, 2014 at limits equal to or in excess of $300,000/$900,000. The retroactive date for this policy is February 01, 2004. This document is supplied for information purposes only, and does not confer any rights or obligations other than those described in the policy. The terms of the policy control over the terms of this document. By furnishing this information, TMLT is not agreeing to provide additional information or to update this information should it change or the policy be terminated. Jennifer Conrad Senior Underwriter Ext. 5878 P.O. Box 160140 • Austin, Texas 78716-0140 901 Mopac Expressway S. • Barton Oaks Plaza V, Suite 500 • Austim Texas 78746-5942 512-425-5800 • 800-580-8658 - f= 512-328-5637 • sales@tmltorg • www.tmlc.org AGREEMENT FOR SERVICES for City of Lubbock Employee Medical Clinic Services This Agreement is between UMC Physician Network Services ("PNS") and the City of Lubbock ("the City"). City is a Texas municipality. It maintains the City of Lubbock Health Care Plan for its employees and their eligible dependents (hereinafter called "Plan Members"). City desires to establish medical clinic locations within the city limits of Lubbock, Texas for City's Plan Members. The availability of one or more medical clinics would provide convenience and greater access to quality health care for Plan Members at an efficient and affordable cost to the City. PNS is a Texas nonprofit corporation that operates and manages medical clinics and physician practices. PNS desires to provide medical services to Plan Members. Therefore, the parties agree: ARTICLE 1: TERM AND TERMINATION 1.1 Term. The term of this Agreement begins on February 1, 2014 and continues for a five-year term through January 31, 2019. 1.2 Renewal. This Agreement shall renew only upon further written agreement of the parties. 1.3 Termination. Either party may terminate this Agreement at any time without cause by giving the other party ninety (90) days written notice of termination. Either party may terminate the agreement for cause provided the other party fails to cure a default within fifteen days prior written notice of the default. ARTICLE 2: RESPONSIBILITIES 2.1 Medical Clinics. PNS shall provide access to Plan Members age two years and above at five medical clinic locations as described below. 2.1.1. West Wind Primary Health Center. West Wind is located at 41h Street and Elkhart Avenue, Lubbock, Texas (Northwest location). West Wind Primary Health Center will provide primary and acute health care services. All of the services will be directed by the health care provider as needed to provide the high quality health care. If the Plan Member needs care outside the scope of the services offered at West Wind, PNS will assist in obtaining an appointment for the Plan Member with an appropriate health care provider within the Plan Member's Health Plan Network. West Wind will be open seven days a week with extended hours. West Wind will be open Monday through Friday 8:00 AM until 8:00 PM, Saturday 9:00 AM until 5:00 PM, and Sunday 1:00 PM until 5:00 PM. If these hours change substantially, PNS will notify the City. Plan Members may obtain services on a walk-in or appointment basis. Agreement for Services: City of Lubbock Medical Clinic Services Page 1 of 9 c:\wisch\pns\city — k v2.doc (2011) 2.1.2 Living Well Express Care (Boston) and Living Well Express Care (Avenue Q). The Boston Living Well Express Care clinic is located in the United Supermarket at 82"d and Boston Avenue, Lubbock, Texas (South location). The Avenue Q Living Well Express Care clinic is located in the Untied Supermarket at 50th Street and Avenue Q. The clinics will provide acute care services. The Health Care Provider will determine if the Plan Member needs to be treated at a different location. If the Plan Member needs care outside the scope of the services offered at the clinic, PNS will assist in obtaining an appointment for the Plan Member with an appropriate health care provider within the Plan Member's Health Plan Network. The clinics will be open Monday through Friday 9:00 am until 7:00 PM, Saturday 9:00 AM until 6:00 PM, and Sunday 1:00 PM until 6:00 PM. If these hours change substantially, PNS will notify the City. Plan Members may obtain services on a walk-in basis. 2.1.3. Express Care Clinic at South Plains Mall. Express Care Clinic is located at 6002 Slide Road #P12, Lubbock, Texas (inside the South Plains Mall). Express Care Clinic Primary Health Center will provide primary and acute health care services. All of the services will be directed by the health care provider as needed to provide the high quality health care. If the Plan Member needs care outside the scope of the services offered at Express Care Clinic, PNS will assist in obtaining an appointment for the Plan Member with an appropriate health care provider within the Plan Member's Health Plan Network. Express Care Clinic will be open seven days a week with extended hours. Express Care Clinic will be open Monday through Saturday 9:00 AM until 8:00 PM, and Sunday 12:00 PM until 6:00 PM. If these hours change substantially, PNS will notify the City. Plan Members may obtain services on a walk-in or appointment basis. 2.1.4. 1-27 Medical Center. 1-27 Medical Center is located at 1-27 and 42"d Street, Lubbock, Texas. 1-27 Medical Center will provide primary and acute health care services. All of the services will be directed by the health care provider as needed to provide the high quality health care. If the Plan Member needs care outside the scope of the services offered at 1-27 Medical Center, PNS will assist in obtaining an appointment for the Plan Member with an appropriate health care provider within the Plan Member's Health Plan Network. 1-27 Medical Center will be open seven days a week with extended hours. 1-27 Medical Center will be open Monday through Friday 8:00 AM until 8:00 PM, Saturday 9:00 AM until 5:00 PM, and Sunday 1:00 PM until 5:00 PM. If these hours change substantially, PNS will notify the City. Plan Members may obtain services on a walk-in or appointment basis. 2.2 Services. PNS shall use its best efforts to provide safe, high -quality, efficient healthcare to Plan Members. 2.2.1 Primary and Acute Medical Services. Plan Members may obtain medical care for primary and acute health care issues at any of the five clinics. Primary and acute medical services include the services listed in Exhibit A. 2.2.2 Health Risk Assessment. PNS OccMed Department will go onsite to the City's locations to perform Health Screenings for the Plan Members to include one of the two options: (1) Blood draw (CBC, CMP, PSA (males over 50), Lipid Profile), Body Mass Index, Body Fat Percentage, weight, height, blood pressure, and pulse. PNS would then mail the Plan Member their results Agreement for Services: City of Lubbock Medical Clinic Services Page 2 of 9 c:\wisch\pns\city — k v2.doc (2011) with explanations and meanings of each result. (2) Finger stick (Lipid Profile and Glucose), Body Mass Index, Body Fat Percentage, weight, height, blood pressure, pulse, rapid results with onsite review and explanation of the results. The Plan Member would leave the screening with their screening results. Prior to the screening, the Plan Members will complete either an Online Health Risk Assessment Questionnaire or a Paper Health Risk Assessment Questionnaire and return it to the PNS OccMed Department. PNS will perform pre -scheduled Health Screenings by groups in coordination with the City's preferences through the PNS OccMed Department. 2.2.3 Reporting. PNS will provide to the City, no later than the 15th day of the month immediately following the end of each month of the calendar year, a written report with respect to the provision of the medical services during the immediately preceding month. The written report shall be in a form reasonably satisfactory to the City and shall specifically indicate (a) the number of covered Plan Members seen with diagnosis codes, (b) the number of Health Risk Assessments conducted, and (c) savings report in a form to be agreed upon by PNS and the City. 2.3 Medical Staffing. The Express Care clinic and the Living Well Express Care clinics will be staffed with nurse practitioners and physician assistants under the supervision of a physician. Express Care Clinics will be staffed with nurse practitioners and physician assistants under the supervision of a physician and other ancillary personnel. The West Wind and 1-27 Medical Center clinics will be staffed with physicians, nurse practitioners, physician assistants, laboratory technicians, radiology technicians, and other ancillary personnel. All personnel will be appropriately qualified, licensed and credentialed to provide medical services in the State of Texas. 2.4 Operational Issues. PNS and the City designate the following contact persons for operational issues and coordination of services, as well as for any notices required to be delivered hereunder: PNS: Glen Frick Chief Operating Officer 5219 City Bank Parkway, Suite 135 Lubbock, TX 79407 (806)761-0333 glen.frick@umchealthsystem.com City: Leisa Hutcheson Director of Human Resources & Risk Management 1625 13th Street Lubbock, TX 79408 (806)775-2277 lhutcheson@mylubbock.us With copy to: City Attorney City of Lubbock 1625 13th Street Lubbock, Texas 79401 A party will notify the other party promptly of any change to the contact information. Agreement for Services: City of Lubbock Medical Clinic Services Page 3 of 9 c:\wisch\pns\city — k v2.doc (2011) 2.5 City Health Plan. PNS will cooperate with the City to work within the City's health benefit structure and assure proper services and referrals within the provider network and available benefits. This provision shall not restrict a healthcare provider from discussing all health care options with a patient. The parties will cooperate to promote the use of the clinics to Plan Members. 2.6 Plan Member Identification. The City will provide its Plan Members with identification cards that show the person's status as a Plan Member. 2.7 Patient Information. All medical records and patient information maintained by the medical clinic shall be the property of PNS. PNS shall protect the confidentiality of patient information in compliance with all state and federal laws. PNS shall not disclose patient information to the City without the Plan Member's written authorization unless disclosure is permitted by law. If PNS ceases operation of a medical clinic, PNS will transfer medical records and patient information to a successor medical provider in accordance with applicable laws. 2.8 Insurance. PNS shall maintain professional liability insurance for itself and its medical providers throughout the term of this Agreement, in the minimum annual coverage amounts and type acceptable to the City. In the alternative, if PNS self -insures as defined under the Texas Insurance Code, PNS shall provide to the City all state filings indicating solvency of any self -insured plan and any other proof of solvency as may be required by the City. PNS shall maintain general liability insurance with a combined single limit of a minimum of $1,000,000 each occurrence and in the aggregate. PNS shall maintain workers compensation insurance for its employees and shall provide a waiver of subrogation in favor of the City. 2.9 Indemnity. PNS SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY AND CITY'S OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND/OR AGENTS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS OR LIABILITIES, OF ANY KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY FROM, OR ARE RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACTIVITIES OF PNS CONTEMPLATED HEREUNDER, OR THE OMISSION OF THE ACTIVITIES OF PNS CONTEMPLATED HEREUNDER. PNS FURTHER COVENANTS AND AGREES TO DEFEND ANY SUITS OR ADMINISTRATIVE PROCEEDINGS BROUGHT AGAINST THE CITY AND/OR THE CITY'S OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND/OR AGENTS ON ACCOUNT OF ANY SUCH CLAIM, AND, WITHOUT LIMITING THE INDEMNITY PROVIDED HEREIN, TO PAY OR DISCHARGE THE FULL AMOUNT OR OBLIGATION OF ANY SUCH CLAIM INCURRED BY, ACCRUING TO, OR IMPOSED ON THE CITY, OR THE CITY'S OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND/OR AGENTS, AS APPLICABLE, RESULTING FROM ANY SUCH SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS OR ANY MATTERS RESULTING FROM THE SETTLEMENT OR RESOLUTION OF SAID SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS. PNS DOES NOT AGREE TO PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY AND CITY'S OFFICER, EMPLOYEES, ELECTED OFFICIALS, AND/OR AGENTS FROM AND AGAINST CLAIMS AND LIABILITIES ARISING FROM THE CITY'S DUTIES, ACTS, OR OMISSIONS REGARDING ACTIVITIES UNDER THIS AGREEMENT. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THE TERMINATION OR VOIDANCE OF THIS AGREEMENT. 2.10 Non -Arbitration. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all Agreement for Services: City of Lubbock Medical Clinic Services Page 4 of 9 c:\wisch\pns\city — k v2.doc (2011) forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. ARTICLE 3: COMPENSATION 3.1 Fees. The City will pay PNS the following amounts, payable within 30 days of the City's receipt of a monthly invoice from PNS: Primary/Acute Medical Services -- $42,750.00 each month for up to 475 Plan Member visits per month PLUS $75.00 for each Plan Member visit over 475 per month. Member Visits for the purpose of counting against the base 475 visits shall include only those visits where the Member is seen and treated by the health care professional. Member Visits shall not include paperwork drop-offs by Members, telephone consultations, if any, setting of appointments by Members, or other contacts wherein direct, in -person professional medical services are not rendered. • Lab tests and radiology tests will be excluded from this agreement and billed separately to the City's existing health insurance plan. • The health care provider will administer allergy injections if the Plan Member provides the allergy serum. The administration of the injection is included in the visit fee. • Lab tests ordered from an outside location are not included in the visit fee and will be billed to the City's existing health insurance plan or billed by the outside provider. • If a Plan Member is referred to West Wind or 1-27 Medical Center for radiology services from another participating clinic, the Plan Member will be considered to have two visits. • Workers Compensation is not part of this agreement. Health Risk Assessment -- $105.00 per Health Risk Assessment (screening and questionnaire) billed separately from medical services. Immunizations (available at all participating clinic locations) - • HEP B -- $75 per injection (requires 3 injections) • Zostavax (shingles vaccine) -- $275 per injection (requires an appointment) • HPV — $215 per injection -(requires an appointment) • Flu Vaccine -- $25 per injection • Pneumonia Vaccine -- $40 per injection • Administration included If PNS provides services to Plan Members and the services are not covered by this Agreement, PNS will bill the Health Plan, and the Plan Member will be responsible for applicable copayments. Agreement for Services: City of Lubbock Medical Clinic Services Page 5 of 9 c:\wisch\pns\city — k v2.doc (2011) 3.2 Nonappropriation. All funds for payment by the City under this Contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock, for the services provided under this Agreement, the City may terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by PNS on thirty (30) days prior written notice. ARTICLE 4: RELATIONSHIP OF THE PARTIES INDEPENDENT CONTRACTOR STATUS: Nothing in this agreement is intended nor shall be construed to create an employer/employee relationship between the contracting parties. The sole interest and responsibility of the parties is to ensure that the services covered by this agreement shall be performed and rendered in a competent, efficient and satisfactory manner. ARTICLE 5: GENERAL PROVISIONS 5.1 Non -Discrimination. Each party shall provide services without discrimination on the basis of race, color, national origin, ethnicity, age, sex, disability, or political or religious beliefs. PNS shall not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, ethnicity, age, disability, or political or religious beliefs, or in any way violative of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. 5.2 Waiver. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach of any provision of the Agreement. 5.3 Severability. If any term or provision of this agreement is held to be invalid for any reason, the invalidity of that section shall not affect the validity of any other section of this agreement provided that any invalid provisions are not material to the overall purpose and operation of this agreement. The remaining provisions of this agreement shall remain in full force and shall in no way be affected, impaired, or invalidated. 5.4 Assignment. Neither party shall have the right to assign or transfer their rights to any third parties under this agreement. 5.5 Governing Law And Venue. This agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas and any applicable Federal Law or Statute. Venue shall be in Lubbock, Lubbock County, Texas for all purposes. 5.6 Amendment. This agreement may be amended in writing to include any provisions that are agreed to by the contracting parties. 5.7 Exclusion. Each party certifies that neither it nor its employees or contractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from Agreement for Services: City of Lubbock Medical Clinic Services Page 6 of 9 c:\wisch\pns\city — k v2.doc (2011) participation in any government program by any federal department or agency or by the State of Texas. EACH PARTY WILL NOTIFY PROMPTLY THE OTHER PARTY if this status changes and the name of any person who provides services under this Agreement or is an agent or managing employee who is convicted of a criminal offense related to the person's involvement in a government program or is suspended, debarred, or excluded from participation in a government program. 5.8 Notice. All notices required or permitted to be given under this Agreement shall be sufficient if furnished in writing, sent by certified mail, return receipt requested to the party's last known principal office. 5.9 Authority. The undersigned to this Agreement hereby represent and warrant their respective authority to execute this Agreement. Date: Date: <l - 5 - 13 CITY By: ATTEST: K P tLo—� Rebec a Garza, City Secretary APPROVQD AST CONTENT: eisa utcheson, Director of Human Resources & Risk Management A,PPR AS O ORM: Chad Weaver, Assistant City Attorney UMC PHYSICIAN NETWORK SERVICES By: Glen Frick, Chief Operating Officer Agreement for Services: City of Lubbock Medical Clinic Services Page 7 of 9 c:\wisch\pns\city — k v2.doc (2011) EXHIBIT A CLINIC LOCATIONS AND SERVICES LIVING WELL EXPRESS CARE CLINICS Services are provided on a walk-in basis. Living Well Express Care 806-761-0428 2703 82"d St. (82"d & Boston) Inside United Supermarket M-F 9:00 am-7:00pm; Sat 9:00am-6:00pm; Sun 1:00pm-6:00pm Living Well Express Care 806-761-0429 1701 50" St. (501h & Ave. Q) Inside United Supermarket M-F 9:00 am-7:00pm; Sat 9:00am-6:00pm; Sun 1:00pm-6:00pm Services provided under this Agreement include but are not limited to: Diagnosis of diabetes and referral to PCP for treatment Asthma Acute conditions -sore throats, ears, headache, fever, body aches Allergies/Cough/Sinus Rashes Stomach aches Strains/sprains/musculoskeletal problems Immunizations/Injections: • Will be charged separately at standard rates • Administration included Agreement for Services: City of Lubbock Medical Clinic Services Page 8 of 9 c:\wisch\pns\city — k v2.doc (2011) Primary Care and Acute Care Services Services are provided on a walk-in or appointment basis. Express Care Clinic at South Plains Mall 806-761-0450 6002 Slide Road, #P12 Lubbock, TX 79414 M-Sat 9a-8p, Sun 12p-6p 1-27 Medical Center 4105 1-27 Lubbock, TX 79403 M-F 8a-8p, Sat 9a-Sp, Sun 1p-Sp West Wind Primary Health Care 806-761-0475 5520 4ch Street Lubbock, TX 79416 M-F 8a-8p, Sat 9a-Sp, Sun ip-Sp Services provided under this Agreement include but are not limited to: Ordinary and routine healthcare Chronic conditions- diabetes, hypertension, etc. Asthma Acute conditions- sore throat, ears, headache, fever, body aches Allergies/Cough/Sinus Rashes Stomach aches Strains/sprains/musculoskeletal problems Immunizations/Injections: • Will be charged separately at standard rates • Administration included Agreement for Services: City of Lubbock Medical Clinic Services Page 9 of 9 c:\wisch\pns\city — k v2.doc (2011)