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Tri-State Occupational Health, L.L.C. AgreementCopyrighted September 18, 2017 City of Dubuque Consent Items # 5. ITEM TITLE: Tri-State Occupational Health, L.L.C. Agreement Amendment SUMMARY: City Manager recommending approval of an amendment to the Agreement between Tri-State Occupational Health, L.L.C. and the City of Dubuque for case management services for workers' compensation claims and police and fire job-related injuries and illnesses. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Tri-State Occupational Health Amendment to Agreement -MVM Memo Staff Memo Amendment to Agreement Insurance Requirements for Professional Services Type City Manager Memo Staff Memo Supporting Documentation Supporting Documentation Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque bell All -America City '1Il1' 2007 • 2012 • 2013 • 2017 SUBJECT: Amendment to the Agreement between Tri-State Occupational Health, L.L.C. and the City of Dubuque for Case Management Services for Workers Compensation Claims and Police and Fire Job Related Injuries and Illnesses DATE: September 11, 2017 Personnel Manager Randy Peck recommends City Council approval of an amendment to the Agreement between Tri-State Occupational Health, L.L.C. and the City of Dubuque for case management services for workers compensation claims and police and fire job related injuries and illnesses. The amendment will continue the agreement from October 1, 2017 through September 30, 2018. The cost of the service will increase from $44.20 per hour to $45.50 per hour. The current rate has been in effect for one year. The City uses their services for approximately eight hours per week for a total annual cost of $18,928. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Randy Peck, Personnel Manager Masterpiece on the Mississippi Dubuque ***** All -America City 2007 • 2012 • 2013 • 2017 TO: Michael C. Van Milligen, City Manage FROM: Randy Peck, Personnel Manager SUBJECT: Amendment to the Agreement between Tri-State Occupational Health, L.L.C. and the City of Dubuque for Case Management Services for Workers Compensation Claims and Police and Fire Job Related Injuries and Illnesses DATE: August 29, 2017 I have attached an amendment to the Agreement between Tri-State Occupational Health, L.L.C. and the City of Dubuque for case management services for workers compensation claims and police and fire job related injuries and illnesses. The amendment will continue the agreement from October 1, 2017 through September 30, 2018. The cost of the service will increase from $44.20 per hour to $45.50 per hour. The current rate has been in effect for one year. We use their services for approximately 8 hours per week for a total annual cost of $18,928. The requested action is for the City Council to pass a motion approving the amendment to the Agreement and authorizing you to sign the amendment. RP:alk AMENDMENT TO AGREEMENT BETWEEN TRI-STATE OCCUPATIONAL HEALTH, L.L.C. AND CITY OF DUBUQUE The Agreement between TRI-STATE OCCUPATIONAL HEALTH, L,L,C, (TSOH) and CITY OF DUBUQUE, effective October 6, 2014, is hereby amended as follows: 1. Agreement Parameters. C. is deleted in its entirety and replaced with: C. The term of this Agreement shall begin on October 1, 2017, and shall continue through September 30, 2018, 2. Reimbursement for Onsite Occupational Health Nursing Services. A. is deleted in its entirety and replaced with: A. For onsite occupational health nursing services the City will pay TSOH $45.50 per hout This.Amendment will become a pari of the original Service Agreement of October 6, 2014, The parties hereby ratify and affirm that all other terms and provisions of the original Agreement and their intent shall remain in full force and effect. TRI-STATE OCCUPATIONAL HEAL 11, L.L.C. Br an Schatz President CITY OF DUBUQUE Date Michael Van Milligen Dae City Manager Agreement Setween TrJ-State Occupational Health, L.L.C. And The City of Dubuque This Agreement Is made and entered Into this ' '4 day of 1:e..! l7,/ 2014, by and between Tri-State Occupational, L,L.C,, a corporation organized and established under the laws of Iowa, having its principal place of business at 1940 Elm Street, Dubuque, Dubuque County, Iowa, ("TSOH"), and the City c` Dubuque, having Its principal place of business at 50 West 13th Street, Dubuque, Dubuque County, Iowa ("City"), Scope A. TSOH Is In the business of providing occupational medicine, worker's compensation and related therapy services and as specifically relates to -this agreement Is -In -the -business -of -providing onsite occupational health nursing services through ils physicians, providers and clinical nursing staff. Recitals A. City will: 1. Provide a facility location for the provision of onsite occupational health nursing services. 2, Assume all of the roles and responsibility for OSHA record-keeping and related functions. B, TSOH will; 1. Provide onsite occupational health nursing services to the City. 2. Provide employee supervision, Including clinical and medical direction oversight of the onsite occupational health nursing services, 3, Provide onslte occupational nursing services for eight (8) hours per work week. 4. Recommend all referral and fo'low-up treatment services (e.g. therapy, orthopedics, surgery, eta), to optimize qual'hy of care and case management. TSOH will direct care according to City's wishes, and City acknowledges that care coordination and treatment outcomes outside TSOH recommendations may or may not meet TSOH's standard o[care. 5, Provide occupational therapy and rehabilitation services at City request, O. Manage the employee medical chart on-site, maintaining aseparation of occupational health and worker's compensation care notes from personal health and medical care information. TSOH will retain ownershlp of personal health nforniatlon. 7. Abide by the foVowing Attaohmont: • AAOHN Code of Ethies and nterpretative Statements • AAOHN Case Management: The Ocoupatlonal and Ervironrnenta Heaith Nurse Role ^ AAOHN Delivery of Occupational end Environmental Health Services • Standarcis of Occupational and Environmental Health Nursing In consideration of the matters describedmhove, and of the mutual benefits and obligations set forth in this agreement, the partlee agree as follows: Section 1 Agreement Parameters A. TSOH will provide onsite .occupational health nursing services for an average scheduled time frame of eight (8).hours every work week. Start and end times for coverage will be agreed to In advance by TSOH and B. Onsita occupationalhealthnurs|ng services will be provided by an appropriately qualified TSOH nurse. C. The Initial term of this Agreement shall from the 6th day of October, 2014, tomidnight onthe 30hday ofSeptember, 2015. Section 2 Reimbursement for Onsito Occupational Health Nursing Services A. For onslte occupationalhealth nursing services the City will puyTSOH $43,35 per hour. B, Onsite occupational health nursing services provided byTSOH hnCity will beinvoiced onomonthly basis, Section Compliance with All Applicable Laws TSOH and CIty agree hatthey are bound by and will comply wlth all appllcahle federal, state, local laws, ordinances or regulations, TSOH and City agree to defend, indemnify and hold harmless 000hnih r aai t lo,ss or damage, Including, but not limited to, reasonable attorneys' fees, resulting from their respective negligence In the performance or nonperformance of this Agreement. Section 4 Independent Contractor Relationship The parties agree that the relations'nip between TSOH and City In one of owner - independent contractor and nothing herein shall be construed or interpreted in any way to create an employer-employee relationship between TSOH and City or between City and any of TSOH's officers, agents or employees. Section 5 City Responsibilities A. CIty will provide a minimum ane (1) weeknotice toTGDH|f the regularly agreed toCity work schedule. for the onsite occupational health nurse Is to be cancelled. Such notice shall be provided by contacting the TSOH Manager or Cflnic& Manager, B. City will pay TS01-1 invoiced fees within 30 days. Section 6 Agreement Not ToHire Nor Solicit Employees City agrees that for uperiod nf of termtnation of this Agreernent, netther City nar any of s members shall hire, saijctt,, or attempt to hlrs or solfcit any of TSOH's emplcyees that are or wero subject to thls Agreement. City and its members further agree Ihat the remedy at Iaw for anybreach by City by City and Ita members of this Section Owill hainadequate and that TSOH shall be entitled to injunctive relief in case. of any such breach, and TSOH shall be entitled to recover Its costs |ncurre,d In conducting any tawsult, Including reasonable attorneys' fees and expenses. This provi3lon can be walved by mutual agreement of TSOH and City, received and acknowledged |nwriting. Section 7 Pynent of Taxes or Beneflts TSOH shall pay any and all a���t-related taxes and benefits for the TSOH employee(s) subject to this Agreement. Section 8 Use xfTrade Names and Signs City shall not use inany directly mIndirectly, whole or in part, tho sgnature, rnonograrn or any other trademark or name that Is now or may In the future be owned by TSOH, except In a manner; and to an extent that TSOI-1 may specifically consent In writing. If any trademark or name Is used in any way by City with the express written approval of TOOH. City on the turm|nmton of this Agreement, shall discontinue all such use and shall not subsequently usa any name, titia or expression In connection with any business In which City may be engaged that, In the judtuf T8OH, so nearly resembles any trademark or name, owned by TSOH as may he likely to ead to corfusian or uncerta!nty on the part of the pubtc, Svction0— TranofemhU|ty All benefits and duties of either party under this Agreement are non -transferable, Section 10 Termination Notice Clause Thls agreerflent may be termlnated by elther party, with or w0hout cause, upon thirty (30) days written notice to the other party, Section 11 Liability Of Parties To The Agreement Upon Termination Of Agreement Upon termination of this xgn*omant. City shall remain liable to TSOH for any payments then owed to TSOH. Section 12 Modification This Agreement reflects all the agreemonb, understandings, taUurm, conditions and warranties by and between the parties. Neither party shall be liable for any repnsoenhutIon made unless It is expressly set forth in this Agreement, and this Agreement may not be modified or amended except In a writing signed by both m' the parties, ) } Section 13 GmmrohJUty If any provision of this Agreement sha be declared by eny court of competent Jurlsdiction to be U|ego|, void or unonfomaoWo, all other provisions o[this Agreement shall not be 'affected and shall mmu(n In fuu force and effec Section 14 Governing Law This Agreement shall be governed by the laws of the Stae of lows. Section 15 Arbitration If a dispute arises with respect to his Agrooment, it shat be dec$ded finay by an arbitrator In an arbitration proceeding conforming to the Rules of the American Arbitration Association applicable to commercial arbitrations. The arbitrator shall be -selected 1n-aonordanoe—to the Rules of the Amerfan Arbitration Association, The arbitration shall take place In Dubuque, Iowa. and the decision of the arbitrator shall bu conclusively binding upon the partles and final and such decision shall be enforceable as a Judgment In any court of competentJud d! U The bitb shall assess the cost of arbitration to the non'provu||(ng party, and award reasonably Incurred attorney's feas and costs, in favor oF the substantiJy prevafling party at the arbraton, Section 16 Acts of Governments, War, Terrorism, Natural Disaster Clause If either to this Agreement is affected In such a wuy by changes in laN, acts of war, acts of foreign gnvammants, acts of terrodom, natural d)oanters, or similar catastrophes, to such an extent that they cannot fulfill their obligations under this Agreement, that party will be excused from performing under the Agreement, and the Section 17 Notice Unless otherwise provided for In this Agreement, all notices which are required or may be given pursuant to the terms of this Agreement shall be In writing and shall be deemed duly given If delivered personally, mailed by registered or certified mail, postage prepaid, return receipt requested, or sent by facsimile with confirmation. Notices shall be sent as follows: A. To: Tri-State Occupational Health, L,L,C, Attention: TSOH Manager 1940 Elm Street Dubuque, Iowa 52001 Telephone: (563) 584.4500 Facsimile: (563) 582-7847 To: City of Dubuque Attn: Personnel Manager 50 West 13'h Street Dubuque, Iowa 52001 Telephone: (563) 589-4125 Facsimile: (563) 690-6025 Section 18 Insurance TSOH shall at all times during the performance of this Agreement maintain Insurance as required by the attached Insurance Schedule, Tri-State Occupational Health, L,L,C, City of Dubuque By; / Michael C. Van Mil!igen, Ciyy Manager Data: (0I/ r) r�/ L/ J Insurance Schedule City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J Tri-State Occupational Health, L.L.C. shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required In Exhibit I prior to commencing work and at the end of the project If the term of work is longer than 60 days, Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the lowa Department of Insurance or an equivalent approved by the Finance Director. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project # or Project Location at or construction of 2. All policies of Insurance required hereunder shall be with an insurer authorized to do business In Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Personnel Department of the City of Dubuque, 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement, 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to certificate of insurance. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used,,or an equivalent form may be substituted if approved by the Finance Director and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8. Contractors shall be required to carry the minimum coverage/limits, or greater If required by law or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. Page 1 of 4 Schedule J Professional Services July 2017 City of Dubuque insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. All deviations from the standard ISO commercial general , liability form CG 0001, or business owners form BP 0002, shall be clearly Identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project (s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement, (Sample attached). 5) Include an endorsement that deletes any fellow employee exclusion. 6) Include additional insured endorsement for: ' The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers, Use ISO form CG 2026. 7) Policy shall include Waiver of Right to Recover from Others endorsement, B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 0) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees Injured on the Job by accident or disease as prescribed by Iowa Code Chapter 85 as amended, Coverage A Statutory --State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Nonelection of Workers' Compensation or Employers' Liability Coverage under Iowa Code sec. 87.22 yes form attached Page 2 of 4 Schedule J Professional Services July 2017 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) D) UMBRELLA/EXCESS LIABILITY $1,000,000 Umbrella/excess liability coverage must be at least following form with the underlying policies Included herein. E) PROFESSIONAL LIABILITY $1,000,000 Provide evidence of coverage for 5 years after completion of project, F) CYBER LIABILITY X yes _ no $1,000,000 Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Page 3 of 4 Schedule J Professional Services July 2017 City of Dubuque insurance Requirements for Professional Services PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1' Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coveraae. The insurer further agrees that this policy of insurance shall cover only those claims not au'�octhzthe defense ofgovernmental immunity under the Code ofIowa Section O7O.4ao|t now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy, 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coveraae. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons ofgovernmental immunity unless and until acourt ofcompetent jurisdiction has ruled in favor of the defense(s) of governmenta immunity asserted by the City of Dubuque, Iowa, No Other Chance in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. EC (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule J Professional Services July 2017