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HomeMy WebLinkAboutContract 46329 70W IC5AL ESN C,(f�)VA,i CITY SECRETA ((AV ' SiECRE AMA CONTRACT NO. 's'),RT H9 YX PROFESSIONAL SERVICES AGREEMENT 1.--—AGREEMENT BETWEEN PARTIES This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "CITY"), a home rule municipal corporation of the State of Texas, acting by and through Susan Alanis, its duly authorized Assistant City Manager, and Occupational Health Centers of the Southwest, P.A., dba Concentra Medical Centers ("PROVIDER"), acting by and through W. Tom Fogarty, M.D., its duly authorized President. 2. GENERAL 2.1 PROVIDER hereby agrees to provide the CITY, in accordance with medically necessary or appropriate professional standards, a full range of occupational health care services, as outlined in Exhibits "A" through "D," including any attachments thereto, all of which are hereby made part of this Agreement for all purposes. Exhibit "D" constitutes, at least in part, a proposal presented by PROVIDER to the CITY prior to the Effective Date of this Agreement, as hereafter defined. Therefore, in the event there is any conflict between the provisions and conditions of the proposal and the provisions and conditions set forth in the body of this Agreement, the provisions and conditions set forth in the body of the Agreement shall control. 2.2 CITY and PROVIDER both recognize and acknowledge the professional nature of this Agreement. Being cognizant that issues of interpretation and performance will inevitably arise, both parties agree to consult with each other and covenant to negotiate in the utmost good faith in order to ensure performance of this Agreement without hindrance. 2.3 Services under this Agreement will be provided at PROVIDER's current facilities, at a subcontractor's facilities (if the subcontractor and the facilities are approved in writing by the CITY prior to such services being provided), and at such CITY facilities and other locations as may be mutually agreed to in writing by PROVIDER and CITY. 2.4 To the extent that the services to be performed under this Agreement constitute (i) injury- related occupational health and workers compensation services compensable or defined under the Texas Labor Code, as currently in effect or hereafter amended, or (ii) constitute non-injury related occupational health care services performed by persons other than PROVIDER and covered by the "Police and Fire Physical Assessment Contracts" (hereafter defined), both parties recognize the non-exclusive nature of this Agreement. The "Police and Fire Physical Assessment Contracts" are defined as (a) those certain contracts entered into by the CITY for the performance of: (i) post-offer physicals for persons offered jobs by the CITY's Police and Fire Departments; (ii) routine physical fitness assessments for persons employed by the CITY's Police and Fire Departments; and (iii) such other matters as are contained in such contracts, and (b) any renewals thereof. 3. AGREEMENT TERM 3.1 The initial term of this Agreement shall commence on January 1, 2015 ("Effective Date") and shall expire on December 31, 2017, unless terminated earlier in accordance with the provisions of this Agreement. 3.2 The parties may renew this Agreement for up to two additional one-year periods by signed written mutual consent. If a party desires to exercise an option to renew, that party shall notify the other party in writing at least sixty (60) days prior to the end of the then-current term. Compensation to be paid during any option term shall be mutually agreed upon in writing between the parties. RECEIVED JAN ® 8 Professional Services Agreement Occupational Health—Concentra Page 'Aq f#f 27 4.INVOICING AND COMPENSATION 4.1 The Parties agree the Schedule for Compensation as shown in the attached Exhibits "B" and "C" is acceptable as the compensation to be paid to PROVIDER for occupational health care services provided to current and prospective CITY employees during the initial contract period and the subsequent option periods, if exercised by the CITY. The parties acknowledge that additional services provided by PROVIDER to the CITY may become desirable and agree to conduct negotiations on such additional services in good faith to arrive at mutually agreeable terms for such additional services with respect to performance and compensation. Any additional services will be reflected by a separate agreement or by a written amendment to this Agreement signed by the parties. 4.2 Billing of all medical services related to a compensable on-the-job injury will be submitted directly to the CITY's contractor/third party administrator ("TPA") for workers' compensation claims in accordance with the Texas Labor Code and related administrative rules, as outlined in Exhibit"B." 4.3 For any alleged on-the-job injury that the TPA determines is not a compensable injury, CITY agrees to pay, through its TPA, for initial and follow-up office visits (including medical treatments provided during those visits) that occur prior to the TPA's determination. 4.4 For any alleged on-the-job injury that the TPA determines is a compensable injury, the CITY, through its TPA, shall pay for care and services that are related to the compensable injury with the amount of such payments to be determined according to reasonableness and medical necessity of the treatment or service, in accordance with Texas Department of Insurance — Division of Workers' Compensation ("TDI-DWC" or "DWC") treatment guidelines and DWC-approved medical fee schedules. 4.5 For occupational health care services that do not relate to an on-the-job injury, PROVIDER shall issue monthly invoices to the CITY and will provide the CITY sufficient documentation to reasonably substantiate the invoices. The invoice shall be broken down by CITY department and shall list the name, CITY employee identification number, dates of service, and service provided. The invoice shall be provided to the CITY on or before the 10th day of the month following the end of the month in which services were provided. CITY shall pay such invoices in accordance with CITY Financial Management Services procedures and requirements. Invoices are due and payable within thirty (30) days from the date the invoices are received by the CITY. 4.6 For services related to any alleged on-the-job injury, billing issues, including contests, disputes, and requests for additional documentation, shall be handled in accordance with Section 408.027 of the Texas Labor Code or its successor. For occupational health care services that do not relate to an on-the-job injury, billing issues shall be handled in accordance with the terms of this Agreement. In the event of a disputed or contested billing, only the portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing; provided, however, that CITY shall make payment in full to PROVIDER within sixty (60) days of the date the contested matter is resolved. 5. RECORDS AND RECORDS MANAGEMENT 5.1 PROVIDER will adhere to and follow the governing guidelines as they pertain to the protection and use of collected data (personal/medical information). CITY may, to the extent permissible under applicable law, obtain copies of such records solely for its internal Professional Services Agreement Occupational Health—Concentra Page 2 of 27 purposes and agrees to reimburse PROVIDER for the cost of such copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.2 Upon termination or expiration of this Agreement, PROVIDER agrees to return to the CITY, or its designated agent, all medical records delivered to PROVIDER on or about the Effective Date (the "Pre-Existing Medical Records"). Upon receipt of authorization from the affected CITY employees or their representatives for PROVIDER to view and use the "Pre-Existing Medical Records" (which authorization may be given at any time so long as it is in accordance with applicable law concerning confidentiality of medical records), PROVIDER may keep copies thereof at its sole copying expense, or may subsequently request copies thereof from the CITY and shall reimburse the CITY at the rate published the Texas Administrative Code in effect as of the time copying is performed. 5.3 It is recognized that additional medical records created by PROVIDER in the performance of this Agreement, regardless of form or medium of storage ("New Medical Records") shall be and remain the property of PROVIDER and shall not be moved or transferred from PROVIDER except in accordance with applicable law and PROVIDER's policies'as set forth in this Agreement or as otherwise approved in advance and in writing by the CITY. Before requesting New Medical Records from PROVIDER, CITY shall obtain from CITY's employee (or that person's legal representative) authorization to release copies of medical records in accordance with applicable state and federal law concerning the confidentiality of medical records; provided, however, that PROVIDER agrees to use all reasonable efforts to obtain the written consent of each patient seen by PROVIDER under this Agreement authorizing PROVIDER to release copies of such "New Medical Records" to the CITY upon its request therefor. Upon expiration or termination of this Agreement, PROVIDER shall retain the originals of all "New Medical Records" in its possession, and CITY shall, to the extent permissible by applicable law, have the right to receive copies. CITY agrees to reimburse PROVIDER for the cost of such copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.4 PROVIDER agrees that no medical records covered by the terms of this Agreement will be altered or destroyed unless (i) the CITY has provided express written authorization and (ii) destruction of such records is otherwise permitted under applicable law. CITY recognizes that medical records will, from time to time, cease to have administrative, financial, and/or legal value to either CITY or PROVIDER, and CITY and PROVIDER agree to utilize appropriate records retention and destruction schedules for the purpose of lawful and efficient records management. 5.5 PROVIDER will exercise appropriate care to preserve necessary and useful medical records generated during the term of this Agreement. PROVIDER will timely notify and solicit CITY's input concerning any change or modification to any system or process change involving the management, use, storage, and retention of medical records generated during the term of this Agreement to allow the CITY to ascertain if any issues or consequences, legal, financial, or practical, are reasonably foreseeable because of the facility or systems modifications. CITY and PROVIDER agree to negotiate in good faith to address any such issues and consequences in a manner equitable to both parties and consistent with the purposes of this Agreement. 5.6 All reports and records provided to PROVIDER by the CITY shall remain the sole property of the CITY. PROVIDER shall store and maintain such reports and records separately from any other documents and in a manner and location that is easily accessible to CITY staff members. The CITY, to the extent permissible under applicable law, shall have access to such reports and records during PROVIDER's normal working hours and will provide PROVIDER with reasonable advance notice of a need for access. PROVIDER shall treat as strictly confidential all reports and records provided by the CITY and shall not release any such reports or records, or any portion of their contents, to third parties without the CITY's Professional Services Agreement Occupational Health—Concentra Page 3 of 27 advance written consent. PROVIDER shall not copy or reproduce any such records or reports, unless (i) the CITY has provided advance written consent and (ii) such reproduction is otherwise permitted under applicable law. The CITY will provide a list of terminated employees annually to PROVIDER. PROVIDER will separate records relating to terminated employees from other records. The CITY may, to the extent permissible under applicable law, retrieve original copies of all reports and records relating to terminated employees from PROVIDER at any time. 6. MINORITY BUSINESS ENTERPRISE (MBE) PARTICIPATION 6.1 In accord with the CITY Code of Ordinances, the CITY has goals for the participation of minority business enterprises in CITY agreements. PROVIDER acknowledges the MBE goal established for this Agreement, as set forth below, and its commitment to meet that goal. Any misrepresentation of facts (other than negligent misrepresentation) and/or the commission of fraud by PROVIDER may result in the termination of this Agreement and debarment from participating in CITY contracts for a period of time of not less than three (3) years. 6.2 The established goal for this Agreement is ten percent (10%) of the value of non-injury occupational health services portion of the Agreement. PROVIDER agrees to furnish, on a quarterly basis, documentation of MBE participation as may be reasonably requested by the CITY. The first quarterly report for the CITY's second Fiscal Quarter (months of January, February, and March 2015) shall be submitted on or before April 30, 2015, and each subsequent quarterly report shall be submitted at the end of the month immediately following the end of the CITY's Fiscal Quarter. Because subcontracting opportunities for occupational injury medical treatment and care services are negligible, no MBE goal has been set for such services provided under this Agreement. 7. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT ("HIPAA") 7.1 Compliance In the conduct of performing their obligations under this Agreement, the parties shall comply in all material aspects with all applicable federal, state and local laws and regulations, including, without limitation, the Health Insurance Portability and Accountability Act of 1996, amendments thereto, and any associated administrative regulations (collectively, "HIPAA"). Each Party agrees to abide by the policies and procedures applicable to the relationship created hereunder for the privacy and security of Protected Health Information; as such term is defined in HIPAA. PROVIDER agrees not to use or further disclose Protected Health Information other than as permitted or required by this Agreement or as required by law. PROVIDER will assume the responsibility as a business associate in accordance with HIPAA on behalf of the CITY as it relates to non-occupational injury care services. In addition, PROVIDER shall: 7.1.1 Use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement. 7.1.2 Mitigate, to the extent practicable, any harmful effect that is known to PROVIDER of the use or disclosure of Protected Health Information by PROVIDER in violation of the requirements of this Agreement. 7.1.3 Report to the CITY any use or disclosure of the Protected Health Information not provided for by this Agreement. 7.1.4 Ensure that any agent, including a subcontractor, to whom PROVIDER provides Protected Health Information received from, or created or received by PROVIDER on Professional Services Agreement Occupational Health—Concentra Page 4 of 27 behalf of the CITY, agrees to the same restrictions and conditions that apply through this Agreement to PROVIDER with respect to such information. 7.1.5 Make internal practices, books, and records, including policies and procedures and Protected Health Information received from, or created or received by PROVIDER on behalf of the CITY available to the Secretary of the Department of Health and Human Services or his or her designee ("Secretary"), in a time and manner designated by the Secretary to determine PROVIDER compliance with HIPAA. 7.1.6 Provide access, at the request of the CITY, and in the time and manner designated by the CITY, to Protected Health Information in a Designated Record Set, to the CITY or, as directed by the CITY, to an individual in order to meet the requirements under 45 CFR 164.524. 7.1.7 Make any amendment(s) to Protected Health Information in a Designated Record Set that the CITY directs or agrees to pursuant to 45 CFR 164.526 at the request of the CITY or an individual, and in the time and manner designated by the CITY. 7.1.8 Document such disclosures of Protected Health Information and information related to such disclosures as would be required for the CITY to respond to a request by an individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. 7.1.9 Provide to the CITY or an individual, in time and manner designated by the CITY, information collected in accordance with Section 5 of this Agreement, to permit the CITY to respond to a request by an individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. 7.1.10 Consistent with HIPAA requirements, report to appropriate federal and state authorities violations of law relating to Protected Health Information. 7.2 Permitted Uses and Disclosures by PROVIDER Except as otherwise limited in this Agreement, PROVIDER may use or disclose Protected Health Information on behalf of, or to provide services to, the CITY for the proper management and administration by PROVIDER or to carry out the legal responsibilities of PROVIDER. 7.3 Obligations of the CITY The CITY shall inform PROVIDER of Privacy Practices and Restrictions by: 7.3.1 Providing PROVIDER with the notice of privacy practices that the CITY produces for Occupational Health and Safety. 7.3.2 Providing PROVIDER with any changes in, or revocation of, permission by an individual to use or disclose Protected Health Information, if such changes affect PROVIDER's permitted or required uses and disclosures. 7.3.3 Providing notification to PROVIDER of any restriction to the use or disclosure of Protected Health Information that the CITY has agreed to in accordance with 45 CFR 164.522, 7.4 Termination for material breach of HIPAA by PROVIDER Upon the CITY's knowledge of a material breach by PROVIDER, the CITY shall either: Professional Services Agreement Occupational Health—Concentra Page 5 of 27 7.4.1 Provide an opportunity for PROVIDER to cure the breach or end the violation and terminate the Agreement if PROVIDER does not cure the breach or end the violation within the time specified by the CITY; 7.4.2 Immediately terminate this Agreement if PROVIDER has breached a material term of the HIPAA requirements of this Agreement and a cure is not possible; or 7.4.3 If neither termination nor cure is feasible, report the violation to the Secretary. 7.5 Effect of Termination 7.5.1 Except as provided in Section 5, upon termination of this Agreement, for any reason, PROVIDER shall return or destroy all Protected Health Information received from the CITY, or created or received by PROVIDER on behalf of the CITY. This Provision shall also apply to Protected Health Information that is in the possession of subcontractors or agents of PROVIDER. PROVIDER shall retain no copies of the Protected Health Information as described in this paragraph. 7.5.2 In the event that PROVIDER determines that returning or destroying the Protected Health Information is infeasible, PROVIDER shall provide to the CITY notification of the conditions that make return or destruction infeasible. Upon the CITY's determination that return or destruction of the Protected Health information is infeasible, PROVIDER shall extend the protections of this Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as PROVIDER maintains such Protected Health Information. 7.6 Miscellaneous 7.6.1 The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for the CITY to comply with requirements of HIPAA. 7.6.2 The respective rights and obligations of PROVIDER under Section 7.5 of this Agreement shall survive the termination of this Agreement. 7.6.3 Any ambiguity in this Agreement shall be resolved to permit PROVIDER to comply with the Privacy Rule of HIPAA. 8. TERMINATION 8.1 Written Notice The CITY or PROVIDER may terminate this Agreement at any time, with or without cause, by providing the other party with sixty (60) days' written notice of termination. Upon the receipt of any such notice, PROVIDER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance, facilities and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. 8.2 Non-appropriation of Funds In the event no funds or insufficient funds are appropriated by the CITY in any fiscal period for any payments due hereunder, CITY will notify PROVIDER of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the CITY of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. Professional Services Agreement Occupational Health—Concentra Page 6 of 27 8.3 Duties and Obligations of the Parties following Termination In the event that this Agreement is terminated prior to the expiration of the then-current term, PROVIDER shall, to the extent permissible by applicable law, provide the CITY with copies of all completed or partially completed documents prepared under this Agreement. CITY agrees to reimburse PROVIDER for the cost of such copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. CITY shall pay PROVIDER for services actually rendered up to the effective date of termination and PROVIDER shall continue to provide the CITY with services requested by the CITY and in accordance with this Agreement up to the effective date of termination. If PROVIDER's treatment of a CITY employee is commenced before the effective date of termination of this Agreement and continues beyond that date, CITY shall continue to pay PROVIDER for medically appropriate services necessary to complete such treatment in accordance with the Texas Labor Code and Administrative Rules until such care is completed. The CITY also shall pay PROVIDER for services actually performed in accordance herewith prior to such termination, less such payments as have been previously made, in accordance with a final statement submitted by PROVIDER documenting the performance of such work. 9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION PROVIDER hereby warrants to the CITY that PROVIDER has made full disclosure in writing of any existing or potential conflicts of interest related to services to be performed under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, PROVIDER hereby agrees immediately to make full disclosure to the CITY in writing. PROVIDER, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the CITY ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of the CITY. PROVIDER shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete, or otherwise corrupt City Information in any way. PROVIDER shall notify the CITY immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised. 10. RIGHT TO AUDIT 10.1 PROVIDER agrees that the CITY shall, until the expiration of five (5) years after final payment under this Agreement, have access to and the right to examine, to the extent permissible by applicable law, at reasonable times any directly pertinent books, documents, papers and records of PROVIDER involving transactions relating to this Agreement at no additional cost to the CITY. PROVIDER agrees that the CITY shall have access during normal working hours to all necessary PROVIDER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give PROVIDER reasonable advance notice of intended audits. PROVIDER agrees to photocopy such documents as may requested by the CITY. CITY agrees to reimburse PROVIDER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 10.2 PROVIDER further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the CITY shall, until expiration of five (5) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that CITY shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. CITY shall give subcontractor reasonable notice of intended audits. Subcontractor shall be required to photocopy such documents as may be requested Professional Services Agreement Occupational Health—Concentra Page 7 of 27 by the CITY. CITY agrees to reimburse subcontractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 11. INDEPENDENT CONTRACTOR It is expressly understood and agreed that PROVIDER shall operate hereunder as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the CITY. Subject to and in accordance with the conditions and provisions of this Agreement, PROVIDER shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. PROVIDER acknowledges that the doctrine of respondeat superior shall not apply as between the CITY, its officers, agents, servants and employees, and PROVIDER its officers, agents, employees, servants, contractors and subcontractors. Nothing herein shall be construed as the creation of a partnership or joint enterprise between CITY and PROVIDER. 12. LIABILITY AND INDEMNIFICATION 12.1 PROVIDER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY (INCLUDING DEATH) TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF PROVIDER, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES ARISING FROM OR IN CONNECTION WITH PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. 12.2 PROVIDER COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO PROVIDER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY(INCLUDING DEATH)TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF PROVIDER, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, PROVIDED, HOWEVER, THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH PROVIDER AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITYRTIGOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. 13. ASSIGNMENT AND SUBCONTRACTING PROVIDER shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the express prior written consent of the CITY. If the CITY grants consent to an assignment, the assignee shall execute a written agreement with the CITY and PROVIDER under which the assignee agrees to be bound by the duties and obligations of PROVIDER under this Agreement. PROVIDER and Assignee shall be jointly liable for all obligations under this Agreement prior to the date of assignment. If the CITY grants consent to a subcontract, the subcontractor shall execute a written agreement with PROVIDER referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of PROVIDER under this Professional Services Agreement Occupational Health—Concentra Page 8 of 27 Agreement as such duties and obligations may apply. PROVIDER shall provide the CITY with a fully executed copy of any such subcontract. Any attempted assignment or delegation of PROVIDER shall be wholly void and totally ineffective for all purposes unless made in conformity with this section. 14. INSURANCE 14.1 Prior to commencement of any work pursuant to this Agreement, PROVIDER shall provide the CITY's Occupational Health and Safety Division and Risk Management Division with certificate(s) of insurance documenting policies that are required to be in effect throughout the term of this Agreement and any renewals thereof and that are to provide minimum coverage limits in accordance with this section. 14.2 The CITY reserves the right to review the insurance requirements of this section during the effective period of the Agreement and any extension or renewal hereof, and to modify insurance coverage and limits when deemed necessary and prudent by the CITY's Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this Agreement, but in no instance will the CITY allow modification whereupon the CITY may incur increased risk. 14.3 PROVIDER's financial integrity is of interest to the CITY; therefore, subject to PROVIDER's right to maintain reasonable deductibles, PROVIDER shall obtain and maintain in full force and effect for the duration of the Agreement, and any extension hereof, at PROVIDER's sole expense, insurance coverage written on an occurrence basis, except Technology and Professional Liability, which may be written on a claims-made basis. All insurance required under this Agreement must be written (i) by a company that is authorized and admitted to do business in the State of Texas and that is rated A- VII or better by A.M. Best Company or similar rating acceptable to the CITY or (ii) through the use of a wholly owned insurance subsidiary ("captive") approved by the City as an alternative risk financing program. Seller shall provide fully audited financial statements for the captive. Coverage shall be written in the following types and amounts: 14.3.1 Workers' Compensation —Statutory Employers' Liability- $500,000/$500,000/$500,000 14.3.2 Commercial General (Public) Liability Insurance to include the following types of coverage: Premises/Operations, Independent Contractors, Products/Completed Operations, Personal Injury, and Contractual Liability. (Combined Single Limit for Bodily Injury and Property Damage $1,000,000 per Occurrence and $2,000,000 Aggregate) 14.3.3 Automobile Liability for Owned/Leased Vehicles, Non-Owned Vehicles, and Hired Vehicles (Combined Single Limit for Bodily Injury and Property Damage $1,000,000 per accident) 14.3.4 Commercial Umbrella-$1,000,000 per occurrence$1,000,000 Aggregate 14.3.5 Technology Liability-$1,000,000 per Claim, $1,000,000 Aggregate 14.3.6 Medical Professional Liability - $1,000,000 per medical incident and $3,000,000 Aggregate Professional Services Agreement Occupational Health—Concentra Page 9 of 27 14.4 For coverage underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the Effective Date of the Agreement, and the certificate of insurance shall state the coverage is claims-made and indicate the retroactive date. 14.5 All required insurance shall be maintained for the duration of the Agreement and for five (5) years following completion of the service provided under the Agreement. An annual certificate of insurance submitted to the CITY shall evidence such insurance coverage. 14.6 PROVIDER additionally warrants that any physician providing health care to CITY employees shall have Medical Malpractice coverage with minimum limits of $200,000 per medical incident, with a $600,000 aggregate limit. 14.7 CITY shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by the CITY, and may make a reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Upon such request by the CITY, PROVIDER shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. 14.8 PROVIDER agrees that with respect to the above-required insurance, all insurance contracts and Certificate(s) of Insurance will contain the following required provisions: 14.8.1 With the exception of Workers' Compensation and Professional Liability policies, name the CITY and its officers, employees, officials, agents, and volunteers as additional insureds in respect to operations and activities of, or on behalf of, the named insured performed under the Agreement with the CITY. 14.8.2 An endorsement stating that PROVIDER's insurance shall be deemed primary and that any self-funded or commercial coverage maintained by the CITY shall not be called upon to contribute to loss recovery. 14.8.3 PROVIDER's Workers' Compensation and Employers' Liability policy will provide a waiver of subrogation in favor of the CITY. 14.9 PROVIDER shall notify the CITY in the event of any notice of cancellation, non-renewal or material change in coverage and shall give such notices not less than ninety (90) days prior to the change, or ten (10) days' notice for cancellation due to nonpayment of premiums, which notice must be accompanied by a replacement Certificate of Insurance. All notices shall be given to the CITY at the following address: City of Fort Worth Attn: Ron Josselet, Human Resources Manager Occupational Health & Safety/Workers' Compensation Division 1000 Throckmorton Street Fort Worth, Texas 76102 A copy must also be sent to the CITY's Risk Manager at the same address. 14.10 If PROVIDER fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, the CITY may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; however, procuring of said insurance by the CITY is an alternative to other remedies the CITY may have, and is not the exclusive remedy for failure of PROVIDER to maintain said insurance or secure such endorsement. In addition to any other remedies the CITY may have upon PROVIDER's failure to provide and maintain any insurance or policy Professional Services Agreement Occupational Health—Concentra Page 10 of 27 endorsements to the extent and within the time herein required, the CITY shall have the right to order PROVIDER to stop work hereunder, and/or the right to withhold any payment(s) that become due to PROVIDER hereunder until PROVIDER demonstrates compliance with the requirements hereof. 14.11 Nothing herein contained shall be construed as limiting in any way the extent to which PROVIDER may be held responsible for payments of damages to persons or property resulting from PROVIDER's or its subcontractors' performance of the work covered under this Agreement. 15. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS In fulfilling its obligations under this Agreement, PROVIDER agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the CITY notifies PROVIDER of any violation of such laws, ordinances, rules or regulations, PROVIDER shall immediately desist from and correct the violation. 16. NON-DISCRIMINATION COVENANT PROVIDER, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance PROVIDER's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant by PROVIDER its personal representatives, assignees, subcontractors or successors in interest, PROVIDER agrees to assume such liability and to indemnify and defend the CITY and hold the CITY harmless from such claim. 17. NOTICES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (i) hand-delivered to the other party, its agents, employees, servants or representatives; (ii) delivered by facsimile with electronic confirmation of the transmission; or (iii) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To PROVIDER City of Fort Worth Occupational Health Centers of the Southwest Attn: Ron Josselet P.A., dba Concentra Medical Centers 1000 Throckmorton Attn: Legal- Contracting Fort Worth TX 76102-6311 Address: 5080 Spectrum Drive, Suite 120OW Facsimile: (817) 392-7766 Addison, TX 75001 E-mail: Ron.Josselet(a)_fortworthtexas.gov Facsimile: (972) 720-7770 Email: legal_contracts @concentra.com With copy to City Attorney's Office at same address. 18. SOLICITATION OF EMPLOYEES Neither the CITY nor PROVIDER shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Professional Services Agreement Occupational Health—Concentra Page 11 of 27 19. GOVERNMENTAL POWERS It is understood and agreed that by execution of this Agreement, the CITY does not waive or surrender any of its governmental powers. 20. NO WAIVER The failure of the CITY or PROVIDER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the CITY's or PROVIDER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 21. GOVERNING LAW/VENUE This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 22. SEVERAEILITY If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 23. FORCE MAJEURE The CITY and PROVIDER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement. If either party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of a Level Orange or Level Red Alert by the United States Department of Homeland Security; any arrests or restraints; civil disturbances; explosions; or some other reason beyond the party's reasonable control (each a "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. 24. HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 25. REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have had the opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 26. AMENDMENTS/MODIFICATIONS/EXTENSIONS No extension, modification, or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument that is executed by both parties. Professional Services Agreement Occupational Health-Concentra Page 12 of 27 27. SIGNATURE AUTHORITY Each person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of his/her respective party, and further warrants that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. 28. ENTIRETY OF AGREEMENT This instrument (including any exhibits and attachments hereto and any documents incorporated herein by reference) contains the entire understanding and agreement between the CITY and PROVIDER, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement purporting to vary from the terms of this document is hereby declared null and void. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this 1 day of 2014. CITY OF FORT WORTH: OCCUPATIONAL HEALTH CENTERS OF THE SOUTHWEST, P.A., DDA CONCENTRA MEDICAL CENTERS By, By: i, ; Susan a s,Assistant City Manager W. Tom Fogarty, re ident Date: l ' 15- Date: t- ATT ATTEST: By: 1�G�,� ('ol' Ma Kayser, City Secretary 1 Of F. ssistant General Counsel °°°p°°°°pp"O APPROVED AS TO ORM AND LEGA ' �S °� By: 8 Denis McElro ssistant City Attorney ° °OC°DOG°°C° CONTRACT AUTHORIZATION: M&C: C-27056 -- Date Approved: 10/28/2014 !� RECORD Professional Services Agreement Occupational Health—Concentra Page 13 of 27 EXHIBIT A e SCOPE OF SERVICES A.I. PROVIDER FACILITIES AAA PROVIDER's facilities shall be of adequate size and capability to provide all necessary health care for injured employees, as well as provide other occupational health or other related services as outlined in this Agreement and its exhibits. These facilities must be operated and maintained to ensure a healthful and safe environment for CITY employees. A.1.2 Clinic Locations A.1.2.1 PROVIDER must operate sufficient clinic locations in the Fort Worth/Dallas area to provide convenient occupational health care services to CITY employees. The CITY will primarily utilize facilities located in Fort Worth. However current and prospective CITY employees may access any other Concentra Medical Centers located in the Fort Worth/Dallas metroplex, or any other Concentra Medical Center locations in Texas and the United States as necessary. A.1.2.2 PROVIDER operates sixteen (16) clinic locations in the Fort Worth/Dallas area and hundreds of other locations around the United States. The CITY will primarily utilize PROVIDER's Fort Worth locations as detailed in PROVIDER's Response to City RFP No. 14-0225, a copy of which proposal is attached as Exhibit "D" to the Agreement. However, CITY-associated personnel can access any other PROVIDER location as necessary. A.1.3 Primary Clinic Location The facility listed below shall be designated as the primary,facility for use of CITY Employees. Hours of operation of the primary facility shall at a minimum be 7:00 a.m. to 7:00 p.m. Monday through Friday. However, it is desirable that PROVIDER provide extended hours during weekdays and on weekends and holidays at the designated primary facility and/or other facilities as a means to better accommodate CITY employees who work evening, night, weekend and/or holiday shifts. The designated clinic facility that shall serve as CITY's primary clinic facility is: Concentra Medical Center Forest Park 2500 West Freeway(130), Suite 100 Fort Worth, TX 76102 Phone: 817.882.8700 Fax: 817.882.8707 Hours of Operation 8:00 a.m. —8:00 p.m. (M-F) 8:00 a.m.—5:00 p.m. Sat. A.1.4 Convenience of Employees The designated primary facility shall have at a minimum: a dedicated telephone and fax numbers for CITY employees; a CITY check-in desk; a private waiting room; a minimum of two (2) exam rooms dedicated to CITY employees; and a sufficient number qualified medical doctors dedicated to the examination and treatment of CITY employees. A.1.5 Wait Times Maximum wait times for CITY employees to wait for medical treatment and/or other occupational health care services shall not exceed fifteen(15) minutes. Professional Services Agreement Occupational Health—Concentra Page 14 of 27 A.1.6 Hours of Operation PROVIDER must make contracted services available weekdays, Monday through Friday from 7:00 a.m. to 7:00 p.m. The CITY considers these hours of operation as a minimum requirement and would provide favorable consideration to providing medical services at additional times. A.1.7 Accreditation If PROVIDER currently is not accredited by the Urgent Care Center Accreditation (UCCA) Program and/or the Joint Commission on Accreditation of Healthcare Organizations (The Joint Commission), PROVIDER agrees to consider seeking such accreditation. A.2 CLINIC PERSONNEL A.2.1 PROVIDER's health care practitioners must be credentialed, experienced in occupational medicine, and possess documented expertise in the evaluation, treatment, oversight, and recovery of employees injured on the job. This expertise must also encompass an effective system of communication with the CITY and their agents to ensure prompt delivery of necessary services and overall coordination of the CITY's programs. A.2.2 PROVIDER must utilize Texas licensed medical doctors and other licensed health care practitioners and administrative staff sufficient to perform all necessary health care and other required services. PROVIDER must exercise due diligence to ensure health care practitioners are properly credentialed in their respective and specific areas of medical practice. A.2.3 PROVIDER' medical doctors and health care practitioners must be familiar with and utilize evidenced-based medicine in the evaluation, treatment, oversight, and recovery of employees injured on the job as required by the Texas Labor Code and related Rules. A.2.4 Health care practitioners and facilities must be capable of providing the full range of occupational health care services required by the CITY and its employees (refer to the non- injury occupational health care services list in Exhibit"C". A.2.5 Treating Doctors A.2.5.1 PROVIDER agrees to employ or contract with occupational medicine physicians to provide occupational injury medical treatment and care for injured CITY employees. PROVIDER physicians shall be in good standing with State of Texas regulatory agencies including the Texas Department of Insurance, Division of Workers' Compensation (DWC) regarding being an approved doctor on the Division's Approved Doctors List. A.2.5.2 PROVIDER physicians shall perform and function as Treating Doctors, in accordance with the Texas Labor Code and related Rules. A.3 PANEL OF SPECIALTY PHYSICIANS AND HEALTH CARE PROVIDERS A.3.1 PROVIDER agrees to assist the CITY to establish and maintain a panel of specialized medical professionals/ physicians and other health care providers for referral as necessary in the appropriate treatment of the CITY's employees who are injured in the course and scope of their employment. PROVIDER also agrees to maintain the panel during the initial term of this Agreement, as well as any of the option terms. A.3.2 The panel will be composed of medical professionals / physicians, including but not limited to Neurologists, Orthopedists / Orthopedic Surgeons, Neurologists / Neurosurgeons, Plastic Surgeons, Psychologists, Psychiatrists, Pain Management Specialists, Chiropractors, Physical Professional Services Agreement Occupational Health—Concentra Page 15 of 27 and Occupational Therapists, Pain Management Specialists, Oncologists, Pulmonologists and Cardiovascular Surgeons. A.3.3 Each medical specialist must be willing to accept workers' compensation patients and agree to be paid for services in accordance with the Texas Labor Code and related Rules for medical services and fees. A.3.4 PROVIDER agrees that Treating Doctors shall monitor performance of referral specialists and other health care providers as to the following: A.3.4.1 Usage of Treatment Guidelines adopted by the Texas Department of Insurance — Department of Workers' Compensation ("TDI-DWC") A.3.4.2 Usage of Return-To-Work Guidelines adopted by the TDI-DWC A.3.4.3 Medical Outcomes A.3.4.4 Return-To-Work Outcomes CITY shall require frequent reports as to the performance of referral specialists and other health care providers relating to A.3.4.1 through A.3.4.4 above. A.3.5 PROVIDER also agrees to replace, if necessary, any or all of panel members as warranted and agreed upon by the CITY. A.3.6 PROVIDER shall coordinate with the CITY regarding the initial panel of doctors and any changes to the members of the panel. A.4 OCCUPATIONAL INJURY MEDICAL TREATMENT AND CARE AAA PROVIDER shall provide reasonable and necessary health care services to CITY employees injured in the course and scope of their employment with the CITY, as defined and instructed in the Texas Labor Code and related Rules. A.4.2 Employees injured on the job will be referred to the PROVIDER medical facilities as appropriate by the CITY, as a preferred provider of health care services. Employees of the CITY currently retain the right to choose a different initial treating doctor as allowed in the Texas Labor Code and related Rules. A.4.3 If the injured employee chooses to seek initial and subsequent health care with PROVIDER then the PROVIDER will become the employee's treating doctor and will perform all of the necessary functions and responsibilities of a treating doctor as required by the Texas Labor Code and related Rules. AAA PROVIDER shall accelerate and expedite treatment and/or referrals for treatment of the following CITY employees, in accordance with Section 504.055 of the Texas Labor Code: (1) peace officers; (2) emergency medical care attendants, emergency medical technicians, and paramedics; and (3) fire fighters. A.4.5 Treatment Guidelines PROVIDER shall specifically provide medical treatment and render services in accordance with Treatment Guidelines adopted by TDI-DWC in the Rules, Chapter 137, "Disability Management". Any treatment that is not covered by the Guidelines shall be documented and shall be based on other credible evidence-based medicine as defined in Section 401.011(18-a) of the Texas Labor Code. Professional Services Agreement Occupational Health—Concentra Page 16 of 27 A.4.6 Return-To-Work Guidelines PROVIDER shall specifically utilize the disability duration guidelines adopted by TDI- DWC in the Rules, Chapter 137, "Disability Management, § 137.10" in coordinating an employee's safe return to the CITY after an on the job injury. Specifically, PROVIDER will effectively communicate and coordinate with the CITY's Return to Work Program to ensure that injured employees are safely and appropriately returned to restricted (modified) or full duty employment. Deviations from these Return-To-Work Guidelines shall be documented in a treatment plan designed to (1) provide required treatment of the employee in accordance with subsection A.4.1.5 above and (2) effect the earliest return to work date the employee is medically able to do so. A.4.7 Restrictions to Duty PROVIDER shall recognize and discuss with injured CITY employees the general availability of restricted or limited duty assignments provided by the CITY. PROVIDER shall identify appropriate restrictions to duty based on CITY provided detailed physical demand requirements of the injured employee's position, or of any limited duty assignments that may be available to the injured employee. A.4.8 DWC-073 "Work Status Report" PROVIDER shall ensure that health care providers completely and accurately fill out the TDI-DWC form DWC-073 "Work Status Report" on each CITY employee for each medical evaluation or for medical treatment provided. PROVIDER shall provide each such DWC-073 form to the CITY Occupational Health and Safety / Workers' Compensation Division (the "OHS") within one (1) work day of the employee's office visit or medical treatment event. A.4.9 Preauthorization Requests; Requests for Reconsideration A.4.9.1 PROVIDER shall ensure that requests for pre-authorization of medical services and requests for reconsideration of pre-authorization denials shall include all necessary medical documentation based upon the Treatment Guidelines to support and justify the request prior to submission to the CITY's third party claims administrator. A.4.9.2 In accordance with the Texas Labor Code § 504.055, PROVIDER shall accelerate and expedite the preparation and submission of preauthorization requests relating to the following CITY employees: (1) peace officers; (2) emergency medical care attendants, emergency medical technicians, and paramedics; and (3) fire fighters. A.4.9.3 PROVIDER agrees to expedite preparation and submission of all preauthorization requests and requests for reconsideration to the CITY's contracted third party claims administrator so as to minimize the amount of time an employee may be off work, on limited duty, and/or awaiting medical services. CITY agrees to include expedited preauthorization determinations and expedited determinations of requests for reconsideration in the third party claims administrator's account handling instructions for the CITY. Professional Services Agreement Occupational Health—Concentra Page 17 of 27 A.5 REPORTS A.5.1 CITY shall require quarterly and annual reports, or as otherwise required by CITY, as to the performance of Treating Doctors, referral specialists and other health care providers to include, but not necessarily limited to the following: A.5.1.1 Usage of Treatment Guidelines adopted by the TDI-DWC A.5.1.2 Usage of Return-To-Work Guidelines adopted by the TDI-DWC A.5.1.3 Medical Outcomes A.5.1 A Return-To-Work Outcomes A.5.2 CITY shall require additional reports including but not necessarily limited to the following: A.5.2.1 Utilization Report of CITY employees compared to utilization of other employer (including other municipalities) in the Fort Worth/Dallas Metroplex, to include injury frequency, cost by body area, age profile, male to female profile, case duration and cost, referral utilization and management, return- to-work outcomes and management A.5.2.2 Average clinic wait times of CITY employees A.5.2.3 Patient/ Employee Satisfaction with medical treatment and services provided A.5.2.4 Services provided by Treating Doctor, and by category of treatment and service provided—number and cost A.5.2.5 Average length of time from date of medical evaluation to date of submission of preauthorization requests and requests for reconsideration A.5.2.6 Monthly Report of CITY employees who fail to keep medical and/or other health care appointments — dates and type of appointment. Information and data for this report shall be captured and reported by City Department. A.6 WORKERS' COMPENSATION HEALTH CARE NETWORK A.6.1 Certified Workers' Compensation Health Care Network PROVIDER must be willing to participate in a workers' compensation health care network certified under Chapter 1305 of the Insurance Code, if the CITY determines that provision of medical benefits through a workers' compensation health care network is available and practical to the CITY. A.6.2 Direct Contract Network In the event the CITY chooses to provide medical benefits to injured employees by directly contracting with health care providers or through a health benefits pool established under Chapter 172 of the Local Government Code and in accordance with Section 504.053 of the Texas Labor Code, PROVIDER must be willing to participate in such a panel or network of health care providers specifically developed by or on behalf of CITY. A.7 NON-INJURY OCCUPATIONAL HEALTH CARE SERVICES A.7.1 Post-Offer Employment / Promotional / Return-to-Work Physical Exams or Fitness for Duty and other Assessments PROVIDER will perform CITY Pre-Placement Physical Examinations, DOT Physical Examinations, Fitness for Duty Examinations, Physical Demand Job Assessments, Physical Ability Testing, Physical Fitness Assessments, Medical Surveillance Examinations, Medical and Work History Questionnaires Clinical Testing"Services; Professional Services Agreement Occupational Health—Concentra Page 18 of 27 Immunization and Infectious Disease Screening, and Respirator Fit Testing Clearance for Post-Offer Physicals and annual compliance. A.7.2 Drug Screening and Alcohol Testing A.7.2.1 PROVIDER shall provide drug and/or alcohol testing in accordance with 49 CFR part 40 Department of Transportation ("DOT") regulations for collection, handling, testing, and reporting of results. The CITY will have the opportunity to identify a specific person(s) who will be authorized to receive or access all drug and alcohol testing results. The CITY will also have the opportunity to authorize one or more specific persons who will have authorization and access to all positive post-accident drug screen results. A.7.2.2 PROVIDER will utilize Quest Diagnostics for all laboratory testing. PROVIDER at its sole cost and expense will provide the necessary software to allow access to test results from Quest. A.7.2.3 A Medical Review Officer ("MRO") must be dedicated to the CITY's account for the purposes of PROVIDER's participation in the CITY's Commercial Driver's License ("CDL") program. A.7.2.4 PROVIDER will subcontract its Medical Review Officer("MRO") services, and the CITY consents to such subcontracting. The MRO services include the random selection task. A.7.2.5 In the event a CITY employee requests testing of the "B" vial, the employee will be responsible for the cost associated with the testing before the process will be initiated. CITY shall not be responsible for any cost or fees associated with this service. A.7.2.6 Two copies of PROVIDER's "Drug/Alcohol Testing Manual" will be provided to the CITY and delivered to the individual identified by the CITY prior to the Effective Date of this Agreement. A.7.2.7 Infrequent on-site drug testing (less than 4 per month) may be conducted with no on-site service charge to the CITY. However, if a permanent need exists, an amendment to this Agreement will be negotiated and executed in writing by the Parties. A.7.3 Clinical Testing PROVIDER agrees to offer the CITY clinical testing, including but not limited to pulmonary function, audiometric, EKG, chest x-rays, and lumbar x-rays. PROVIDER warrants that all equipment being utilized for clinical testing services is calibrated prior to testing and in working order. All chest and lumbar x-rays are performed by registered technicians. All audiometric testing will conform to the OSHA standard 29 CFR 1910.95 and be performed by CAOHC-certified technicians. A.7.4 Exposure Control Program A.7.4.1 PROVIDER may be required to administer any existing preventative immunizations or treatments to employees, and their immediate family members, to a disease that they may be exposed in performing official duties in accordance with requirements under the Texas Government Code, Chapter 607. Such immunizations may be required to be Professional Services Agreement Occupational Health—Concentra Page 19 of 27 administered on-site and after standard work hours at City designated facilities. A.7.4.2 In addition, PROVIDER will be required to provide information and may be required to provide training to CITY's employees and immediate family members about the disease and vaccine, prior to any vaccination for preventative measure. The CITY may refer an employee to PROVIDER following exposure to a disease for assessment, counseling, and required medical treatment. A.7.4.3 PROVIDER will administer influenza vaccines to CITY employees at designated on-site CITY locations. PROVIDER will be required to provide information to each employee regarding the vaccine to be administered, prior to the vaccination(s). Some on-site vaccination events may occur after standard work hours. A.7.4.4 PROVIDER will test and monitor CITY employees exposed to communicable diseases, noise, lead, hazardous chemicals, or other potential hazards in the performance of their duties, and to provide medical surveillance services in accordance with the CITY's CDL Program. A.7.4.5 PROVIDER will provide any necessary counseling services relevant to urinary drug screening, human immunodeficiency virus (HIV) testing and other health and safety related issues associated with the CITY's workplace. A.7.5 Medical Surveillance PROVIDER will test and monitor CITY employees exposed to noise, lead, asbestos, hazardous chemicals or other potential hazards associated with the performance of their duties, and to provide medical surveillance services for the CITY'S Commercial Driver's License (CDL) Program. A.7.6 Commercial Driver's License(CDL) Program A.7.6.1 PROVIDER will actively participate in the CITY's CDL Program. Participation will include provision of physical examinations that meet US Department of Labor requirements, determinations and reporting to CITY of the condition of CITY employees to operate a commercial vehicle, issuance of medical certification cards, and participation on the CITY's Medical Review Board for these purposes. A.7.6.2 PROVIDER must dedicate a Medical Review Officer("MRO") to the CITY for purposes of PROVIDER's participation in the CITY's CDL Program. A.7.7 Reports and Validation Studies A.7.7.1 PROVIDER will provide reports to CITY designated individuals in a timely manner. Specific reports may include, but are not limited to the "Utilization Management Report", "Activity Status Report", "Non-Injury Status Report", "Patient Referral Report", "Patient Visit Information", and the OCCU 300 Report". Reports will be generated at no additional cost to the CITY. A.7.7.2 The CITY and PROVIDER will share workers' compensation data for an annual Validation Study of work related injury outcomes. Professional Services Agreement Occupational Health-Concentra Page 20 of 27 A.7.8 Additional Services PROVIDER may provide additional services relating to occupational health care or other related services for consideration by the CITY. Professional Services Agreement Occupational Health—Concentra Page 21 of 27 EXHIBIT B - OCCUPATIONAL INJURY MEDICAL TREATMENT AND CARE; SCHEDULE OF COMPENSATION B.1 Medical services/health care rendered by PROVIDER and the panel of medical specialists to CITY employees injured in the course and scope of their employment with the CITY shall be provided in accordance with the Texas Labor Code and Texas Department of Insurance,Division of Compensation adopted Rules. B.2 Compensation to PROVIDER and the panel of medical specialists shall be paid by the CITY in accordance with the Medical/Professional Services and Fee Guidelines as specified in the Texas Labor Code and Texas Department of Insurance, Division of Compensation adopted Rules. B.3 The following provisions of the Texas Labor Code relating to medical treatment and care,compensation for services, reimbursement and medical fees specifically apply: Chapter 408 Workers'Compensation Benefits Sub-Chapter B.Medical Benefits Chapter 409 Compensation Procedures Section 409.009 Section 409.0091 Chapter 413 Medical Review Sub-Chapter A General Provisions Sub-Chapter B Medical Services and Fees Sub-Chapter C Dispute Resolution Sub-Chapter D Health Care Providers Chapter 504 Workers'Compensation Coverage for Employees of Political Subdivisions Sub-Chapter C Benefits and Offsets Section 504.055 Expedited Provision of Medical Benefits Section 504.056 Intent of Expedited Provision of Medical Benefits B.4 The following provisions of the Texas Department of Insurance,Division of Workers'Compensation Rules(Texas Administrative Code,Title 28,Part 132)relating to medical treatment and care,compensation for services,reimbursement and medical fees specifically apply: Chapter 126 General Provisions Applicable to All Benefits Rule 126.9 Choice of Treating Doctor and Liability for Payment Rule 126.14 Treating Doctor Examination to Define the Compensable Injury Rule 126.17 Guidelines for Examination by a Treating Doctor or Referral Doctor after a Designated Doctor Examination to Address Issues Other Than Certification of Maximum Medical Improvement and the Evaluation of Permanent Impairment Chapter 133 General Medical Provisions Sub-Chapter A General Rules for Medical Billing and Processing Sub-Chapter B Health Care Provider Billing Procedures Sub-Chapter C Medical Bill Processing/Audit by Insurance Carrier Sub-Chapter D Dispute and Audit of Bills by Insurance Carriers Sub-Chapter G Electronic Medical Billing,Reimbursement,and Documentation Chapter 134 Guidelines for Medical Services,Charges and Payments Sub-Chapter A Medical Reimbursement Policies Sub-Chapter B Miscellaneous Reimbursement Sub-Chapter C Medical Fee Guidelines Sub-Chapter E Health Facility Guidelines Sub-Chapter F Pharmaceutical Fees Sub-Chapter G Prospective and Concurrent Review of Health Care Sub-Chapter I Medical Bill Reporting Sub-Chapter J Reviews and Audits Chapter 138 Disability Guidelines Professional Services Agreement Occupational Health—Concentra Page 22 of 27 Sub-Chapter A General Provisions Sub-Chapter C Treatment Guidelines Chapter 140 Dispute Resolution/General Provisions Rule 140.6(d)Claims for Reimbursement of Medical Benefits Chapter 180 Monitoring and Enforcement Sub-Chapter B Medical Benefit Regulation 13.2. NON-INJURY OCCUPATIONAL HEALTH CARE SERVICES Professional Services Agreement Occupational Health—Concentra Page 23 of 27 EXHIBIT C -NON-INJURY OCCUPATIONAL HEALTH CARE SERVICES SCHEDULE OF COMPENSATI®N C.1 Breath Alcohol Tests Service Fee Service Fee Service Fee Service Fee Service Fee Option Service Description Contract Year Contract Year Contract Year Option Contract Contract Year 5 1 2 3 Year 4 Breath Alcohol Test Post-Job $18.00 $18.00 $18.00 $18.00 $18.00 Offer Breath Alcohol Test Random $18.00 $18.00 $18.00 $18.00 $18.00 Breath Alcohol Test Post $18.00 $18.00 $18.00 $18.00 $18.00 Accident Breath Alcohol Test Follow-up $18.00 $18.00 $18.00 $18.00 $18.00 Breath Alcohol Test Reasonable Suspicion $18.00 $18.00 $18.00 $18.00 $18.00 After hours Breath Alcohol Test $18.00 $18.00 $18.00 $18.00 $18.00 C.2 Urinary Drug Screens(UDS) Service Fee Service Fee Service Fee Service Fee Service Fee Option Service Description Contract Year Contract Year Contract Year Option Contract Contract Year 5 1 2 3 Year 4 UDS-Non Regulated Pre- $40.00 $40.00 $40.00 $40.00 $40.00 Placement UDS-Non Regulated Random $40.00 $40.00 $40.00 $40.00 $40.00 UDS-Non Regulated Post Accident $40.00 $40.00 $40.00 $40.00 $40.00 UDS-Non Regulated Follow Up $40.00 $40.00 $40.00 $40.00 $40.00 UDS-Non Regulated $40.00 $40.00 $40.00 $40.00 $40.00 Reasonable Suspicion UDS-Regulated PrePlacement $40.00 $40.00 $40.00 $40.00 $40.00 UDS-Regulated Random $40.00 $40.00 $40.00 $40.00 $40.00 UDS-Regulated Post Accident $40.00 $40.00 $40.00 $40.00 $40.00 UDS-Regulated Follow Up $40.00 $40.00 $40.00 $40.00 $40.00 UDS-Regulated Reasonable $40.00 $40.00 $40.00 $40.00 $40.00 Suspicion C.3 Physical Examinations/Assessments Service Fee Service Fee Service Fee Service Fee Service Fee Option Service Description Contract Year Contract Year Contract Year Option Contract Contract Year 5 1 2 3 Year 4 Physical Examination Post Offer Placement $40.00 $40.00 $42.00 $44.00 $46.00 Physical Examination-Other $40.00 $40.00 $42.00 $44.00 $46.00 DOT Physical Examination- $40.00 $40.00 $42.00 $44.00 $46.00 Post-Job Offer Placement DOT Physical-Recertification $40.00 $40.00 $42.00 $44.00 $46.00 Respirator Physical Examination $35.00 $35.00 $37.00 $39.00 $41.00 Physical Demand Job $350.00 $350.00 $350.00 $350.00 $350.00 Asscssmcnts Professional Services Agreement Occupational Health-Concentra Page 24 of 27 Physical Fitness for Duty Testing $38.00 $38.00 $40.00 $42.00 $44.00 Level 1 Physical Fitness for Duty Testing $40.00 $40.00 $42.00 $44.00 $46.00 Level 2 Physical Fitness for Duty Testing Level 3 $42.00 $42.00 $44.00 $46.00 $48.00 Physical Fitness for Duty Testing $45.00 $45.00 $47.00 $49.00 $51.00 Level 4 Medical Surveillance Physical $100.00 $100.00 $100.00 $100.00 $100.00 Exam Physical Return to Work $40.00 $40.00 $42.00 $44.00 $46.00 HPE Level 4 $75.00 $75.00 $79.00 $83.00 $87.00 HPE Level 5 $125.00 $125.00 $131.00 $137.00 $143.00 HPE Development $350.00 $350.00 $350.00 $350.00 $350.00 HPE Admin Fee $100.00 $100.00 $100.00 $100.00 $100.00 C.4 Laboratory Testing Service Fee Service Fee Service Fee Service Fee Service Fee Opfiol Service Description Contract Year Contract Year Contract Year Option Contract Contract Year 5 1 2 3 Year 4 Blood Collection Medical $235.00 $235.00 $235.00 $235.00 $235.00 Surveillance Exam Drug Screen-Blood $165.00 $165.00 $165.00 $165.00 $165.00 Drug Screen Re-Test(Split Specimen) $175.00 $175.00 $175.00 $175.00 $175.00 Hemoccult(in Center) $8.00 $8.00 $8.00 $8.00 $8.00 Glucose Finger Stick $13.00 $13.00 $13.00 $13.00 $13.00 Complete Blood Count(CBC) $15.00 $15.00 $15.00 $15.00 $15.00 Blood Chemistry 20/23 $38.00 $38.00 $38.00 $38.00 $38.00 Hemoglobin AIC $58.00 $58.00 $58.00 $58.00 $58.00 Hydrocg Volatiles Blood/Urine $75.00 $75.00 $75.00 $75.00 $75.00 Blood/Urine U/A Manual Microscopic $33.00 $33.00 $33.00 $33.00 $33.00 Blood-Lead $70.00 $70.00 $70.00 $70.00 $70.00 Blood-Chloroform $127.00 $127.00 $127.00 $127.00 $127.00 Blood-Formaldehyde Screen $100.00 $100.00 $100.00 $100.00 $100.00 Blood-PCB $130.00 $130.00 $130.00 $130.00 $130.00 Blood-Hepatitis A Surface $65.00 $65.00 $65.00 $65.00 $65.00 Antibody Blood-Hepatitis B Surface $90.00 $90.00 $90.00 $90.00 $90.00 Antibody Blood Hepatitis B Surface $40.00 $40.00 $40.00 $40.00 $40.00 Antigen Blood-HepatitisCAntibody $97.35 $97.35 $97.35 $97.35 $97.35 Blood-HIV%Screen $47.00 $47.00 $47.00 $47.00 $47.00 Blood-HIV Confirmation $65.00 $65.00 $65.00 $65.00 $65.00 (Western Blot) MMR Titer $147.00 $147.00 $147.00 $147.00 $147.00 Rabies Titer $95.00 $95.00 $95.00 $95.00 $95.00 Professional Services Agreement Occupational Health-Concentra Page 25 of 27 Hepatitis A Titer $65.00 $65.00 $65.00 $65.00 $65.00 Hepatitis B Titer $55.00 $55.00 $55.00 $55.00 $55.00 C.5 I m m u niza do usNa c ci n es Service Fee Service Fee Service Fee Service Fee Service Fee Optioj Service Description Contract Year Contract Year Contract Year Option Contract Contract Year 5 1 2 3 Year 4 Rabies Vaccines/Is`Injection $1,885.00 $1,885.00 $1,885.00 $1,885.00 $1,885.00 Rabies Vaccines/2nd Injection $1,885.00 $1,885.00 $1,885.00 $1,885.00 $1,885.00 Rabies Vaccines/3rd Injection $1,885.00 $1,885.00 $1,885.00 $1,885.00 $1,885.00 Tetanus Toxoid $20.00 $20.00 $20.00 $20.00 $20.00 PPD(Mantoux) $15.00 $15.00 $15.00 $15.00 $15.00 TB Skin Test $15.00 $15.00 $15.00 $15.00 $15.00 Influenza(Flu Shots) $15.00 $15.00 $15.00 $15.00 $15.00 Hepatitis A Vaccine/I`Injection $65.00 $65.00 $65.00 $65.00 $65.00 Hepatitis B Vaccine/IS`Injection $55.00 $55.00 $55.00 $55.00 $55.00 Hepatitis B Vaccine/2nd $55.00 $55.00 $55.00 $55.00 $55.00 Injection Hepatitis BVaccine/3rd $55.00 $55.00 $55.00 $55.00 $55.00 Injection Hepatitis B Surface Antibody $90.00 $90.00 $90.00 $90.00 $90.00 Hepatitis A&BVaccine/15` $120.00 $120.00 $120.00 $120.00 $120.00 Injection Varicilla Titer $82.00 $82.00 $82.00 $82.00 $82.00 Tdap(pertussis/whooping $70.00 $70.00 $70.00 $70.00 $70.00 cough) MMR Vaccine $80.00 $80.00 $80.00 $80.00 $80.00 Varicilla Vaccine $125.00 $125.00 $125.00 $125.00 $125.00 C.6 Other Procedures/Services Service Fee Service Fee Service Fee Service Fee Service Fee Option Service Description Contract Year Contract Year Contract Year Option Contract Contract Year 5 1 2 3 Year 4 Audiogram $20.00 $20.00 $20.00 $20.00 $20.00 Chest X-Ray $52.00 $52.00 $52.00 $52.00 $52.00 X-Ray Interpretation $34.50 $34.50 $34.50 $34.50 $34.50 Pulmonary Function Test $21.00 $21.00 $21.00 $21.00 $21.00 EKG Resting $0.65 $0.65 $0.65 $0.65 $0.65 Functional Capacity Testing* $35.66 $35.66 $35.66 $35.66 $35.66 OSHA Respirator Questionnaire $25.00 $25.00 $25.00 $25.00 $25.00 Respirator Fit Test $38.00 $38.00 $38.00 $38.00 $38.00 Review of Information $15.00 $15.00 $15.00 $15.00 $15.00 *For 15 Minutes Professional Services Agreement Occupational Health-Concentra Page 26 of 27 EXHIBIT D -PROVIDER'S RESPONSE TO CITY RFP Professional Services Agreement Occupational Health—Concentra Page 27 of 27 Medical Provider of Occupational Health Care Services RFP No. 14=0225 W PRESENTED TO DUE: September 11, 2014 City of Fort Worth, Tx 1:30 P.rn.Central PRESENTED BY concewitra, Jerry Francis Sales Manager 2.500 West Freeway,Suite 100 Fort Worth,TX 76102 Phone. 0117.100'2.01700 Fax.- 80 17.1018 2.00 7 0 7 Mobile: 214.649.1213 Email.jerry_i rancis @concentra.com City of Fort Worth,TX^nFPNo.14-0225 ���������� m�i�|pm��������|He������ m=�nmmn=m=mu�m *� � � TaWe of Contents _~_----.2 1. Execut�eSmmnmnary .---...--~—~--~—.—..—~---------...--.—.—.. Z. Conflict nf Interest Questionnaire........................................................................................................Z1 �� 3. Qualifications Questionnaire................................................................................................................ �� 4` Fees and Charges Schedule -------~—.—~—.—.----------.--~—~—.—..—.--.. �� 5. ��BEUbUzat�n �on —.---.-----------.—.—~-------~---..--.—~..--.... �� �� Finanda| |nforn�a�on—.—.—.—...—.-----------~—.—.—.—~-------_----_ 22 7. Organizational Information ............._..—.----.--------~—..—~-------~—.~.—_ �. Location Map. ---.--.—~-----~..---~—...~--.------------.—~------ . 9. Organizational Chart.............................................................................................................................Z4 ,_.---.I5 10. Sanno� Repn�s—.---------~—.—.—~—.—~.--.--.-----.—~—.—~— � _...--...2� 11. References---.—.--.-----~—~—.—.------..—.—..—.--~------'' Attachments A—Ci�-requiredQocurnen1s — D ocurnen 1s ( 8—Legal/Risk, ` C—Persmnne| Qua|ifications 0—Fees and Charges Schedule E—Rmmmcial In-formation F—Sanop|eReports ` � \ (D2oz4Cnncentm operating Corporation.All rights reserved. Table of Contents City�Fort WorLh,-T,'(*nFP No.z4-o22S Medical Provider of Occupational Health Care Services concemt. a. , September 1l, 2Ol4 ` Doris Brent,Contract Compliance Specialist City of Fort Worth, Purchasing Division 10O0ThnmcknnoMom Street, Lower Level Fort Worth,TX761B2 RE: Medical Provider of Occupational Health Care Services,RFP No. 14-O2ZS Dear Ms. Brent: Cnncentra is pleased to present our capabilities 10 the City of Fort Worth(the City). In issuing Request YorProposal (RFP) Wu. 14-O23S,vveunde�tmnd that the City seeks mqua!i�ed vendor toprovide occupational healthcare hcaresen/iceo.Concentra is highly qualified and well positioned to perform the services the City is seeking.Concentra values our role as the City's current provider of the s ervices requested in the RFP and if selected,we will remain committed to assisting the City reach ftshealthcare goals. To best serve our clients' needs, Cuncentra draws from a pool of experienced professionals to provide local program oversight and support. For the City's program, Concentra assigns Mc Jerry Francis, Soles Manager, to serve as the initial contact and customer liaison between Concentra and the City.Should the City hove questions concern;ng our response, please contoct Mr. Francis via phone: 224.649.1213, or / by email:jerry froncis@concent/o,corn. ` i � t 's response tothe services outlined in the City's specifications, pricing This�ocwnn�ntcomtans on��nra information,and relevant attachments. Concentra affirms that all information contained herein is current, complete, accurate,and remains valid for 1080 days following the due date,September 11,2014. Furthermore,we include all required forms and business credentials as Attachment A—City-req uired Documents. Our Legal and Risk Departments reviewed the terms, conditions, and insurance requirements and made minor modifications to the language.VVeinclude these suggested revisions as Attachment B—Legal/Risk Documents. Additionally, CVn ` ntnadoesnoto8neetoemterintoacanperatixepuruhasing agreement at this time. If Concentra is the successful bidder,we desire to engage in open dialogue with '-the City, review the proposed modifications,and ultimately create an agreement that not only outlines the schedule of services,but also protects the business interests of both the City and Concentra. Concentra values the City's consideration of our response.We are confident that when the City takes into account our experience,capabilities,technology,infrastructure, project management,and price, Conmemtravvi||emerge as the clear choice to perform the occupational healthcare services the City of Fort Worth desires. Re ly sub d Arlene� / - � Authorized Representative Page I City of Fort Worth,TX�RFP No.14-0225 Ir Medical Provider of Occupational Health Care Services concem-Ma 19 Executive Summary Program Overview Concentra acknowledges that the City seeks a qualified vendor to provide occupational healthcare services. For the purposes of this RFP,the City specifically requires: • injury care/treatment 3 Exposure control program • Physical examinations Medical surveillance Drug and alcohol testing Commercial Driver's License (CDQ program Clinical testing Concentra Solution Concentra has direct experience serving as the City's preferred vendor for the specific services requested in the bid specifications.We are confident that our involvement in the current program, expertise,and best practices approach make us right company to assist the City in meeting its program objectives. Concentra assures the City that we will: Leverage our decades of experience a nd use company best practices that are compliant with OSHA, DOT,ADA,City rules,and other applicable regulations and guidelines Include all City-specified components in the examination process Conduct drug and alcohol screenings in accordance with DOT standard,49 CPR Part 40 Utilize our conveniently located Fort Worth Forest Pork medical center to render primary services during the program,with other locations available as convenient alternatives Employ only properly credentialed and trained med ical professionals and support staff to perform the scope of work • Assign a designated team of qualified professionals to oversee th e City's program and ensure continued compliance • Document patient visits and generate meaningful reports Maintain records securely to ensure confidentiality of personal health information according to HIPAA guidelines 113 Lan Service Sites Overview Concentra Medical Centers offer a full complement of healthcare services including, but not limited to, physical examinations,substance abuse t esting,clinical services(hearing tests,pulmonary function tests, laboratory collections,vision screenings,X-rays),vaccinations, injury care,physical therapy, and wellness screenings.To accommodate our broader service offering, Concentra has extended clinic hours evening and weekend hours for patient convenience. in many locations to include convenient Facility Layout. Since inception,Concentra's affiliated physicians and management have continued to evaluate the layout of our centers to ensure we design each location to promote the most efficient patient flow throughout each area.Therefore,the physical dimension, layout,and staffing of each Concentra Medical Center varies depending on the location. Paee 2 City of Fort worth,TX°0FP No.14-0225 ������ ��d�ipm�������na|H���m��� ` e�m�mmn�w�wm�" ,�` ' i ize�e�meen� 10Dand� 000aquarefee�nnaintainsecurityservioes,nnostoffer Our centers in ' , � ' -- ---between all are handicapped-accessible and confo/mmto ` free�arki���npr»Pe�Y�raU��o�n�| fet ddisa�iHty�avvsAsdescribedimthefollo»»{ngtab|e' each �||a�p|i���|e����r��,stat�, amd local safety . center's layout consists of support/common areas and clinical areas. Waiting Room-seating for Manager Office Restroom patients with a Break Room Records Storage Area � Business office-work area for clerical staff Procedure Rooms-for minor . Audio Testing Room-a single- Storage Area-for patient procedures person booth with a charts " Lab Area-separate'==""~''~ T Physician's(ADA'compUant)for drug and 0 Physician S aU mn-with X-ray strength and flexibility � alcohol collections,blood viewing areas and privacy to equipment, collection area enter patient data into hydrocu|aton��eeze�and a ° BreathAno|yuis/ExamRnono- computer system wide variety oftherapy tu maximize privacy for " X-ray Facilities(with darkroom modalities fedemUy'mandatedtosting and file storage)-afuUsemiue � X-ray room ` Proposed Service Facilities Primary Service Site Of the hundreds mf clinics vve operate na tionwide, 16 are in Dallas/Fort Worth (DFVV).Asmentioned, I5O0VVestFreevvay(i3O) Comcentra proposes that our Fort Worth Forest Ste.100 Pork location serve as the primary service sit-e Fort Worth,TX76102 during this engagement.This facility maintains Con\ac1Information the necessary equipment and staffing resources phone� 817.182.87V0 and employs clinicians who are thoroughly M0 017.082.8707 Fax�O17�882.D7U7 knowledgeable uf the state and federal HouoofOperation regulations applicable tothe requested scope of O� 8 0Oom- :OOpm (K8-F) vwork.P/uozenotethotoaw/th /nonyother � �-- - /ocobnns/n the DFN//norket our Fort N/orth - Forest Pork location of�ocx�endedevening and weekend houoco accommodate u'''p/"/=e^ ,"'.~.'../ '' nentƒor evening and g hours. Th�o0gns with the [/ty�nequ�e nyqu�eservices outside ofnonnn/mo/�n weekend hours os Outlined/n sections 30.2.2ond3D.2.4of the RFP. Additional Locations , VVhi!ethe Fort N/orthForest Pork serves as the p�nnam/facility for service deY� �e� Conmemtnas additional 15 locations im the DFVV area will serve as secondary locations and are available as ` pn=^r o City of Fort Worth, X -�RFP No.14-0225 Medical Provider of occupational Health Care Services convenience necessitates. In the following table, t.ve iClel7tlfy the four locations that are within 16 miles of the City's address, including addreSs, hours of operotion, and contact information. � 4 - e e Arlington 2150 E. Lamar 8:00 am-8:00 pm (M-F) Arlington TX 76006 972.900.0DO 41 9:00 am-5:00 pm(Sat-Sun) North Blvd. Arlington 817.261.5166 8:00 am-8:00 pm(M-F) ArlinArlier 511 E.1-20 Arlington TX 76018 817.275.5432 9:00 am-5:00 pm(Sat-Sun) 017.293.7311 8:00 am-0-:00 pm(M-F) o11 NE Alsbury Burleson TX 75020 0 Burleson Blvd,Ste.000 017.551.1055 8:00 am-5:00 pm(Sat) Fort Worth 817.306.9777 S:DO am-5:00 m M-F i ! Fossil Creek 4060 Sandshell Dr. Worth TX 76137 817.306.9780 p ( ) j Managing Wait Time and Total Time in Clinic As a clinical healthcare resource to the City,Concentra assures that we will make every reasonable effort to minimize wait time for the City's employees and applicants. However, because Concentra is a walk-in medical facility and injury care is prioritized, it has been our experience that wait time outliers occur periodically.Should wait time ever exceed the target time,a designated colleague will communicate the status to the patient a minimum of every 15 minutes. In addition,we can establish communication processes in which we notify the City's designated representative when wait time is expected to exceed the agreed upon timeframe. Regarding the services requested in the City's RFP: • Physicals: We perform physicals according to definitive service standards,which provide sufficient time to render comprehensive,quality care. Medical examinations and clinical procedures follow injury treatment. • Drug and Alcohol Testing:of relevance, in a majority of our medical care centers implement"fast track"drug/alcohol testing services in which employees experience a 30 minute or less wait time for a drug specimen collection and alcohol testing. Concentra currently measures the patient's total time i n clinic, which includes wait time,the time it takes the center staff to provide the service,and any wait times involved after the service is provided up until the patient is checked out of the center. in our DFVV market, Concentra's average total time in clinic year to date is: Injury Care Non-Injury Care ✓ Initial Visits 112 minutes Physical exams 106 minutes ✓ Recheck Visits 65 minutes ✓ Drug Screens 42 minutes ✓ Therapy Visits 66 minutes Page 3 City of Fort Worth,TX�RFP No.14-0225 ����� M��|p��r�����|n������us ' �^�'wme"��mm�m �� / ' Prograrn Management While consistently looking for opportunities to improve,Concentra has proven to be a valuable partner to the City for more than 1O years, as evidenced bv the following: " 28O9 validation study illustrating that the City achieved a 6AY6 cost savings when employees chose Concentna for work-related injury treatment " Concentra's partneohipvviththe C� vv ytmdexe|op�au�cessfmUandeU-renVvxnedCDLReviexv �oard� a model that has gained the attention of other large municipalities across the country " Development of an innovative survey process that measures patient satisfaction specific to the Cit/senmp|oyee�aUovvinQCity and Concentra leaders tocnlUabonatively develop customized ' ao|utionsas employees' |thcareneedsmndexpec1ationsevo|ve Many of Concentra's leaders who have worked closely with the City over the past decade to achieve these results will continue to serve in this capacity for the upcoming engagement. Based on their years of experience working with the City,as well aso firm understanding of the City's current and future needs,these individuals will lead our service delivery efforts to ensure successful program outcomes These leaders include: " Kevin Boehle.. DO, MPH, Regional(Vedicol Director:7 years with Concentra; board certified in Occupational Medicine and Family Medicine • jcrryFronci� Soles Manager: 13 years with Comcentra;more than Gyears of direct experience with the City's account • Ryon Smith, Area Therapy Director: More than 6 years with Conce ntra;over 5 years as Physical ' Therapy Director at our Fort Worth Forest Park location ` = Dee Harrington,Area Operations Director: Operations leader overseeing six Concentra centers in the DFVVnoetmnp|ex In the following sections,we identify the local leadership team we propose to provide ongoing oversight and per-form services during the upcoming engagement. Program Advisor During uuntract review and negotiation,ve assign an initial contact toserve asa liaison between Comcen1ra and the City. For this p 'e��8��JerryF(onci� So�s8�unoge� serves as the city's�rstpoint ' �. Fr����� curnent|y��pportsc hi en 1 en�aQ�me�t�imDFW ' ofuontactthrnughnom1nactexecution. M including the City.With a background and knowledge of the market and a direct relationship with the City, Mr. Francis is well equipped to continue supporting the city's program. Mr. Francis remains knowledgeable of contract deliverables and is available to answer the City's questions during this period of the engagement. As Sales Manager, Mr. Francis: " Serves asCuncentra"s liaison ta the City " Leads and directs contract implementation " Ensures a clear understanding of contract objectives and deliverables through the successful execution of programs and projects " Negotiates work approach and specific deliverables based on expected contract outcomes Directs c ontract execution efforts to ensure programs are completed according to contract Page 4 ` City of Folt Worth,Tx^0FP No.z+O225 0�u���0�0�m��§�� Medical Provider nfnco/pa�ona|Heabh Care senx�s ^ w=m�mme=�"mwm.m ��. ! ° Participates with center,area, and regional leadership team' to effectively monitor and maintain ` existing accounts and develop new business KVr, }u/esImten. Major AccountExecubue,will provide support and assistance to Mr. Francis, asneeded, to ensure continued service excellence. Mr.Staten has been a Concentra employee for eight years and possesses direct experience overseeing many engagements with QFVVclients. 0menmt�nnn/ ��ven�gh� '� Center Opera tlfonz Director/coD/for the F ort or thfo nss t Park center, Mr. David Lambing, AM77RMA , serves as the City's da�to'day contact for progranm operations. In this role, Mr. Lambing regularly monitors processes and procedures forareadionta1mensureon8oin8cnrnpliamce with relevant guidelines and program specifications. David Lambing,AMT/RMA As COD, Mc Lambing: Center Operations Urector • oversees dayAo-day center operations ~ '^~'' ^`'^'' --��--� -- = �mmp|emoento�nd �nsureson�oinQconop!iancevvithall �------'------------- operational policies,procedures,and training programs within the center • Manages patient care issues and other center issues requiring resolution • Acts asa liaison between Cmmoen1ra and our preferred vendors Additionally, MS. Goby8ctoncou/t, City of Fort Worth Lead , will serve asaday-to-day contact for the City. Ms. Betanoourt , will be invaluable tV the success of the City's program and is available to answer questions, address issues, and ensure the A years with Concentra ' program continues to operate efficiently. Medical Oversight ��n�er8�eoY�u/D�ec�or/[8�U/for�he Fo/�N/u/�h Fonyst Pork cente� RoyXreuse( &YD' provides primary oversight for clinical medical practices,ensuring continued compliance. In this role, Dr. Kreusel ensures that the medical interpretations and associated clearances comply with the most recent medical guide|inesused by regulatory agencies. Dr. Kreuaeys expertise nf the guidelines and regulations relevant tm the�outlined scope of work will be instrumental intheprovisinnofsen/icesforthe[it/spnogranm. AsCW4D, Dr. Krewsek " Reviews all medical hist oryamd perform medical physical i4 years with Cancentra examinations / • Understands all medical surveillance requirements of OSHA, DOT,AD/, F&8LA,and other regulated examinations • Reports the results of the medical evaluation to the employee, including any medical condition(s) identified during the medical evaluation • Provides the recommendation as to whether-the individual is medically certified to safely perform the essential job tasks • Fnnwar�� oopiesofomy�������|Ke����a|omBvvith��tien�instructiomsmegamdingpr{maarycaoe � � � � � ��mU to address follow-up,toindk/idma1sxvMovxereim�rmo1ed to seek(as appropnate, rne follow-up any medical conditions or lab abnormalities identified during the medical evaluation Page 5 ' � City of Fort Worth,TX+0FP No.14-O22s ���������� ;���}Pn��r������|H�����m�s ^ �/��mmw=n=00�m ��' / " Provdesora�amQ�s�or��r�sch�dv� nehabil�atimnand/orf�messpro8ranmwhenindica1edtwaid in ' ' ' ` the individual's recovery from illness or injury an d enhance his/her ability 10 safely perform essential - job tasks ° Reviews medical evaluations conducted by other physicians or medical providers ° Reviews individual medical evaluations and aggregate data to detect evidence of occupational exposure/s\or clusters of occupational disease phys/ca/ TMeropyon«Y Functional Testing Oversight u 'e/ P� �PT, prov�d es Center 7heropyD�cctor/[TD/for the Fort Worth Forest Pa/kcente� M/choe/M oversight for the physical therapy services rendered as part of the program.Mr. Murrell is an expert in his field and possesses a wide breadth ofknowledge overseeing these services for other area clients. Mr. Murrell / Michael Murrell,PT, DPT will utilize this expertise to deliver services that objectively Center TherapyDirector | assess the employee's functional abilities and expedite the 5 years with Concentra return-to-work process. As[TD, Mr. Murrell: " �ondu��anin-~-a| ev��uadunonphysid�nrefe��bonddeve|opapprophate1neatnmentplans " Ensures that other treating medical professionals have the necessary information to appropriately evaluate the employee's functional ability " Communicates with all medical providers and the City regarding employees'diagnoses,sets expectations for return-to-work,emphasizes education and motivation,and discusses specific rehabilitation issues and early intervention opportunities ' ^ Develops knowledge of best demonst rated practices and specific quality indicators to measure and improve them of h bi|itationqumUtymnona8ernent " Pavticipatesm/i1htheeva�uad�nofthee��c�imaness e re � process and assists in new and improved processes " Ensures compliance wit h rules and regulations established by the relevant licensing,certification, and accrediting bodies, including the ADA and other applicable guidelines VVe provide leadership personnel qualificmtionsandcredentia|aasAtachnoentC-Personne} Qualifications. Clinic Staff ~~ ~�~�''ndfes��a�hcareprofe�siun��ondsmppurts�Afxvhoposseasthe and specific Concentra /�enon � --��-- - '� professionals hands-on experience delivering aervice�that are relevant tm our core offering. our staff includes any combination of physicians, mid'|ove|s, nurses, physical therapists, radiology technicians, and medical the�i� that assistants,and we assure �/n Y/sor noentravvill only utilize qualified and mppnopriatelYcredentia!ed ° &Yed/mz�Therm�yP/o�ess nm ��o ` fe i | toservetheneedsmftheCityand its emmp1myeem.These moedica|and therapy pro professionals professionals are skilled�n their respe ctive area of expertise and undergo extenskeammual training in addition to the continuing educadomclasses that Cnnrentna�nmncialk/supports. Furthermore,the medical �d�n�cxxi�kbeviQiantinapplyimQ1heirknovv|ed8etopecuQnize ed�ca|�n�1�enapy�emunn�i in / potential exposures and resmtt|n��hea|thigsues�and vvillcontinue tmnnomitorTexas, and�ie�nusepo�eme«� OSHA, DOT,ADA, and other applicable federal and state regulations to ensure that all associated services remain compliant. Page 6 ` City of Fort Worth,TX�RFP No. 14-n22s ����� Med|�|p��der������|H�hh��sem�, � n=n�mmm=r=mm�" ~�. copportSto/jf,Concentra Medical Centers employ qualified support personnel whom we train and ` fully ce/�ifvtope�orm their aosoda1edtasks.Speci�caUy,our personnel include druAspedmmen collectors certify to t� perform DOT collections,certified Breath Alcohol Technicians(BAT), N|{�SH- � �A���� rti�ed personnel to perform audiometric testing,certified radioUo8ic cer�if�edP�Ttes�ers, �e technologists,certified medical assistants, and certified phlebotomists. ' ~re^@ent^aUing Practices Concentra clinicians must undergo a stringent credentialing process.Once the Concentra Credentials Committee Choin/p�edica�Advaordearsthecandida�,Concentma follows NCK��guidelines for ' toverifvthe licensure board certifications, and cnedent�a�in8,vvhichmequine�prim«�'yoour��verification sanE�LS' uerytaidentify' �fau�ndidet��� b�rre� any provider sanctions. In addition,Concentna performs o 9 fnznn contracting with the federal government.Conuemtra uses secondary sources(copies of documentation) to verify curriculum vitae and DEAcertifications. Finally,we check the National Practitioner Databank for malpractice history.Additionally,Concentra re-credentials our providers exery three years and, in the interim,we monitor these providers' Ucensmres for expiration to ensure that they remain active and current. Physician, mid-level, nurse,and therapy candidates for employment must pass a ve I stringent credentiaUng process that includes, but is not limited to,the fn}|mVxing:. " in-depth review nf employment application and resume ° Face-to-face inten/iemsvvith Concentra Management personnel " Verification of clinical,peer,and employment references " Verification of negative test results for illegal drugs where applicable ` ° Documentation of continuing education and training " Provide copies ofACLS/BCLSor PALS certifications " Primary source verification of the following: / Education and training / State |icensmreb\ DEA and state controlled substance registration (if app icabk4' v' Board certification/�app\ioa�ke��the prmddeh ` � veh���t� r�moht�e�ppUc�tonandattestadon;Qapsof / VVorkhistory/nnostreoemtf}veyeao', through , six months or more are verified /explained bvthe provider / Malpractice history is verified through the NPD0query Sanctions against liceosure,verified through the|icensume verification and the NRDQquery / ��edicere/ edicoidsanctimn4vehfiedthrough the NPQB query and aquen/ofthe O1G " Background check(including criminal and credit history for previous 1Oyears) a m letters fro previous employers ) �f appropriate * Approval bv contracting organization (governnnentagency orcormnneroia|customer), a�propr = Ap��ova|�rmmn �omcen�na'sCmedentiaUnAConnmni1tee All[oncentro personnel, regardless ofpos/dnn' are requ�cdto hove obockgrouod check cons�t/ngofo felon v�n�derneonorchec�Social S`~u�tyvalidation and�oce, nobono/sex of�/nde/check�orsto� d'�� oden�core} no�ono/cr�'n/no/seorch crcd�hbtorK ondocheckogo/ns�theOf�cenfFone/yn rendering poi -'' ' , � Assets Control list, ' City of Fort Worth,TX+nFP No.14'nz23 ������ M�i�|��c�������|H����Se�us *=*�mm���=mm�m ma Approach to the C^ty/S Scope 0' WOF"k Com / mtrahasperfomnedoocunstionaUheakhcareasrvicessinceimoeptiommorethan three decades ago.We reviewed the scope of work requirements set forth in the City's RFP, and we affirm that we are fully capable of performing all of the requested services with the highest level of success,efficiency, and professionalism. Furthermore,Concewtra has written procedures om all DOT,OSHA,A0/, and other regulatory standards, including the testing(surveillance examinations, pulmonary function, audiometric, laboratory, )e��. required im each s1an . Likewise,� treatment offers am advantage over our conpe titoro. [o ncent/o assures the City that ourphysicians possess the appro.pinote credentials to perform, the Cit cifeziredoccupofionat health serviceS. Occupational Injury Medical Treatment and Care 8ost-/n-CYo5sAppnmad-, Through exhaustive research including engaging clients, patients, and vendors, as well as leveraging our 35-year history as an occupational health services provider,we identified four cornponents a company must address for a best-in-class occupational medicine program.These four integrated ecosystems are critical to achieving a solution that assists in the prevention of workplace injuries and reduces employer costs. Todav Concentro treats one in every Seven work-re lo te dinjurieslilln esses in the United States. We determined that to be truly"best-in-class,'each program component must exhibit the following specific characteristics,which m/e describe below our four keys tna bemt'in-damx occupational medicine program. Quality em9ioye/[n�a�emen� ' |` regarding services to drive a clear Uccupabona| madicineexpe�i�e�n d Educate employees understandingofscopeofcare philosophy > Open access to clinicians ncouroloe relationship bui|din between provider and � Focusnnoutcomes emp}oyerthrough reciprocal facility tours and staff Our extensive occupational medicine expertise introductions ensures informed recommendations that follow Develop processes that enable interacbvecnmmunicationS' regulatory guidelines. generate meaningful reports' and enxui­e conop|iance traoking VVe collaborate with employers to develop occupational health programs tailored to the specific needs of the workforce population. ��ear�onnmmnicat{mns Paden�En�e�epne�� 7` Focus on en, p|cyaehealth and patient S-tructure and managed communicat|onsprocesses experience >1 Clinical informatics � One fadUty(o,Multiple services VVe follow a communication pathway,from the initial visit to The better the patient experience,the more likely case closure,that ensures employers and employees are they are to follow through nn the treatment plan updated uncases. too successful outcome. Medical Guidelines Concentre has always focused our approach unproviding quality medicine that achieves the best outcomes; as such,currently published, evidence-based clinical practice guidelines direct the medical evaluation and treatment decisions of Concentra's clinicians.As a large medical practice,we are able to e� �kmf���d�r �VV����1�i�����athrou8hn��the ��th��d�1�onrniUUiomsof��aesacno�snu�nex�or n,. organization ta improve practice.patterns,develop medical guidelines,support our research institute, / and create an environment of continual learning for our clinicians. Page ` City of Fort Worth,Tx �,RFP No,1+o22s JL ���� �� M��a|pm�������na|H����se�ms w=o�mmm=x�mm�m ��, / our clinics will utilize the following medical practice standards: ° Texas Labor Code Regulatory ° Evidence based guidelines / occupational Health and Safety Administration/��SH/\\ �� � A� EKA guidelines (OSHA) / Uffida| Disability Guidelines/ODG\ / Department of Transportation (DOT) / E�dence-bmsedclinical practice guidelines / �omp�n��pecihcexams � Up'to-dmte online professional medical Americans With Disabilities Act(ADA), resource Family Medical Leave Act(FMLA) Concentra physician manual Stendin8onders/procedunes ��utcomnes-bamedevaluation and education � N�id'|�v�| pnmv�decs—co�|abana1ive / United States Preventive Services Task agreements Force (USPSTF) / Registered nurses Our Injury Care philosophy Concentma tracks and documeny employee � vioitsconsistertUy, enauhngpnnpardVournentatio» in federal �� VVmrkstatus m/i|| inonoediate|ybe faxed oremnui|edtothe �cmordon�evxith |uCaU state,and era laws.'-to �mek/conmnnmnio��on econtentnfeacAphvsicianvisitimdudes Uesi�mate�Ci�ycontact ensure timely . .^^ ' key elements in order to maximize the likelihood of a favorable outcome. Concentra'o affiliated physicians treat and document en estimated 56O,QOO injuries eachyear, al|oxv|ng us to study comprehensive outcome data.This evidenced-based,outcomes-focused approach set a standard of excellence for the healthcare industry and has proven effective in returning people to work, ' to play, and to life faster and more affordably, resulting in lower overall healthcare costs. Treatment and FaUmm/'up Process monogernsntis the system that 0nnoentna employs to treat injured xvorkens, uti!izin8proven outcomes to medically manage care in order to achieve the highest patient satisfaction and shortest duration ofoane.VVebe!ieve that the-foremost method of cost control in the workers' compensation arena lies in the timeliness and management of quality delivery system. [oncen�o'soch/evestt�goo/byutJ�/ngourfourKeys�o�uccesceor/y/n�ervcndon, eo�ymot/vo�on' oodyeducot/on'`ondse0cnsp onsibility. These factors contribute to Con centra's ability ta reduce case duration for occupational injuries,thereby driving down the total costs our client's spend omworkers' i Ubein1eQraU �m compensation.This philosophy ofa sports medidneapproach n a work wvi the success ofConcemtra's relationship with the City. [ontentrnonogennentnefenstntheinfornnutionobtainedondconveyedbetvveenthaphysidan and patient during the course of the evaluation, as well ao the nature nf the interaction.The content well as elenmen1sof the visit focus mn achieving a good outcommeimatin^e\y and cost ef#ective noanne�asvve ensuring patient satisfaction with the encounter. Process management provides the structure ofthe practice'and content mnamaQennentisvvhat�l!sthat structure.Content mmamaQemem�w/henappKiedvv�h process management, helps ensu d well as favorable outcomes of treatment. When Concemtia hires clinicians,they are required to participate ima formal educational program in the areas of: ~ Content and process management / ~ Lo �ao�pei� nmana�emen�emn��aa�zim�abiopsyohosoci�|nn�de�nfdisease w/ City of Fort Worth,TX+RFP No.1+o22s ������ M�ks|pm��������|H��h����� Con cent- m�m ��. ~ Ethics ` ~ NIPAAavvaremess ~ Other topics related to the practice of occupational medicine In addition,C�ncen�naprovide�diwiciansvxitAnegu|arfeedbackmntheirVmcmpationa| nmedical practice in ' which include such mneasuresaa percentage uf cases taken offvv or�� the form o��u�rter!yreports,vv n percentage of cases on work restrictions, rate of referral to specialists,case duration,and others. � ncentnaaUaoprovidesnationml data for conmpanativepurposes,including dataonConcentraphysicians considered to have best practices. All of Concentra's clinicians are trained in occupational health and each will have knowledge of the City's workers'compensation rules and regulations.Aaa current provider tu the City,Connentra affirms xxe participate in a workers' compensation healthcare network certified under Chapter 1305 of the Insurance Code. Concentna also ensures that the physicians/providemare continuaHytrained and updated onworkers'compensation rules, best practices,OSHA, DOT, HUPAA,and all other applicable regulations. ,Retunn'to'm/onk Functional Testing Procedures Cnncentra's longstanding ethodo|oQyan� �r�cticehaab�enonoof�xpeditinQ the re1mrn-to+mmrk methodology process'Concentra's clinicians communicate immediately with employers, review job analyses, and, ib| for limited lost dmefronnwork.Comcen1ra focuses nn vvhene»e�po��possible, just t reduction This focus requires the Con«entra increas|n#thefunctionmftheenop|oyee, not]u symptom . staff to have a thorough understanding of the various jobs in the workplace,educating the employees / on enhancing �n�suppor�fnzmo�heennp|oye'sfvnnt-linesupen/isors.ThiscoUoborationxvill ` ' n . N/s include o dditiono/inhonnotinnregord/ngouropprooch lead toa successful neturn'to-vorkpnoQra to physical therapy later in our response. Re�����8� ^~ ^ � If, during a xvork're1mtedvioi� Concentra's provider discovers mn employee has a secondary medical condition or a non-occupational condition that warrants an outside referral,our physicians seek the expertise of the local healthcare community.The strength of Concentra's local employer relationships necessitate our integration xxitharea providers Vvithimthe connmmnityto ensure the highest quality of continued-�re for our patients vvhanservices are beyond our nea|nonf care.As such,our centers maintain relationships community specialists(usually within the local hospital system);through theseestablished relationships,Comcentra effectively expedites the referral process. selec t onof Qualified Speda\ists ��meen��aev�Vuatesspecia|is�yba�ednmse«ena� inop�rtantfacturx, imcludimQ, butnut|imoiteWtothe following: • Successful medical outcomes • Reputation in the community • Willingness to have open communication with the Comcentraprovider • Ability to provide cost efficient services • Whether or not the specialist isin the our client's network / it is Cmncentra's practice to create specialist relationships through co mmunicating directly with them d ` and understanding their processes.Concenira has identified specialis ts that are the "best in class"an _____ ----------- Page 10 u City of Fort Worth,TX+mFP No.z4-o22S A��Q����� M��!��,���[��|U��mm�� v��Nmm,=n=mmm.w m�, -- / provide exceptional,quality services. During implementation, Concentra will work with the City to establish a customized referra! netxvorkuniquetotheCito'smeedsandspeciOcadons. Rehennz/ Prmcess Co''centre completes referrals as necessary and as quickly as possible in order to minimize employee loss referral department with Concemtra's Center Support Team (CST)to assist in coordinating routine referrals-for diagnostic procedures and specialist care. Concentra CST schedules referral appointments for procedures, diagnostic testing, and specialist visits. Concentra centers have designated Referral Coordinators who are careful to observe any special handling instructions related to claim administrator notification, pme-authorizaden,or preferred provider networks. Merj/ca/&4aoagennemt Managing the case of an injured/sick worker is imperative for success. Concentra reaJilizes that the job 4/ the clinician does not end-with the/ ' na/—it is the dw-Lynf the provider to work with the specialist nma prognosis and treatment plan. Concentra providers follow the medical care of every injured or ill worker treated within the Conoentranetwork,from the very first visit until the patient goes back to full duty mr reaches maximum medical improvement.The purpose of medically managing the case is to provide a proactive, phyoicion-directed, cost containment and communication service to our client that assures quality healthcare delivered in the most cost effective manner possible. Specific medical case management procedures practiced by Concentra include: . " K8aintaimin8constant communication,xvhethertelephonically,face-to�ace,or v ia Internet(vviththe ` appropriate security in p lace) � Establishing preferred communication methods between the referring physicians and specialist providers " Tracking all specialty referrals and reporting on the percent referred and type of referral " Tracking the medical outcome of each referral made bv our affiliated physician tn ensure the successful resolution mf the case Physical Examinations Pre'enmp/oymnent Physical fxmnms . &4edica| HistoryQuest|onnaire Cuncemtra has custom medical and work history questionnaires in both English and Spanish and can provide an array of comprehensive and mandated questionnaires necessary to maintain compliance. Examples of mandated questionnaires include the Asbestos Questionnaire and the Respiratory Medical Evaluation Questionnaire.The applicant/employee completes athorough medical history questionnaire that includes medical, personal,occupational,family,and medication history. Once the questionnaire is completed,the Concentra Medical Director reviews the questionnaire and makes medical recommendations(in conjunction xxi1htherevievvnftheappiinant/ennpluyee'stest results). Concentra immediately contacts any fi findings that�m seam immediate danger tV the life mr health of the applicant/employee. once the review of the questionnaire is complete, a comprehensive phys/co/exorn/notionconn/nences, Page 11 ' City of Fort worth,TX+mFP No.14-022s ConcentLra Medical Provider of Occupational Health Care Services Pre'p>ecenoenL Physical Examination ` Concentra has comprehensive policies and procedures outlining examination requirements Kn accordance with, DOT,OSHA,/\DAand general occupational health. Cnmoentna will orient and train all clinical staff on the requirements associated with the City's evaluations. FuMLhermone,Concentre realizes any medical examination must beperformed post-offer and pre-placement and must be"job-reUated and consistent with business necessity" /29 CFR163Q.14(b)\.The purpose ofa post-offer physical examination is to ensure that the employee (or prospective employee)does not have a medical condition that precludes performing the job safely,that could be seriously aggravated by the job duties, or that could affect the safety of others ip the workplace.Tomake this determination,the physician needs to evaluate the individual's health status, and the job requirements. While the City will define the specific examination components,we recommend that a thorough medical examination include atleast the following: ^ Complete medical history(family, " Skin and lymphatic examination occupational, health,disease) ° Neurological evaluation ^ K8uscufoske|eta|exanninat|on ^ Evaluation of the cardiovascular systemm ^ Evaluation of the respiratory system ^ Visual acuity and vital signs, including but ^ Gastrointestinal examination not limited to, blood pressure ^ Examination of head,eyes,ears, nose,throat |n addition,vve can perform any ancillary testing asrequested and/or when indicated,and upon the City's approval. / Re turn--10-worik/ModifiedN/orl( Employees undergo a basic medical examination administered by a center physician,who determines if the patient is medically able to proceed with the functional test. In some cases,the employee may have a medical condition that precludes participation in a functional test(recent back,/knee/shoulder surgery, an active hernia,a cardiac omndition). ;n these'cases,prior to administering any functional testing, Conoentns requires clearance from the employee's personal physician.Once the physician completes the medical exam,the center's physical therapist conducts the functional test. Concentra may require additional testing, upon approval from the City,to ensure our examining clinician renders the proper medical decision. However,Cmmoentra will not conduct any additional testing without exclusive authorization bya designated City contact. DOTEganm/natioms Concemtna has been per-forming DOT examinations for our clients since inception. Dƒre/evonoe, we Performed more than 765,000 DOT examinotions notionally in 2013. We maintain comprehensive policies and procedures for these examinations and thoroughly train our staff on each testing component.Specifically,when performing these exams,the treating provider adheres to the physical examination components outlined in the Federal Motor Carrier Safety Administration's(FMCSA) regulations, §391.41-Physical Qualifications-for Drivers. If the driver passes,the physician immediately generates the required Medical Examiner Certificate.Although the certificate isva|id fur24months, Concentra physicians may limit certification based on medical results. Concentro affirms that 0 providers who perform these exams possess the proper cprtificotion in accordance with the up&oted ' FM{SAgu/de//nec PaRe 12 ' City of Fort Worth,Tx+mFPNo.14-0225 ������ ��a|Pmwd������a|H��h����ms m=n�mme=e=mm�° *�. / Examination Purpose | The purpose of this history and physical examination is tm detect the presence of physical, mental,mr organic conditions ofsuch a character and extent as to affect the driver's ability to operate a commercial motor vehicle safely.The examination should be conducted carefully and should mt least imdude all of the e|e—entsoutlined below. History of certain conditions nmaybe cause for�jectionand mmeyindicate the ne''forfur�Aer1estin8a` d/nrmeqmire evaluation byaspecia|ist Conditions moaybe recorded vvhich -- d indicate th��certi���tionofphysi��|fi�nesss�ou|� be dmno� degree,because denied Hovveve�these condidnnsshould be discussed m/iththe driver and he/she should be advised to teketh' necessary steps to insure correction, particularly ofthose conditions,which, if neglected, might affect the driver's ability to drive safely. ' Specifically,the physicians will examine: • General appearance and development ° Abdomen and Viscera • Head-eyes " Genital-urinary and rectal examination " Ears " Neurological " Throat " Spine, nnuacu|oskefeta| " Extremities " Heart " Blood pressure(BP) " Laboratory and Other Testing " Diabetes " Lungs Fitness-for-duty Exams The purpose mf the eva>uatinnisto�nd out if the ernp|oyeecan peMbrmohbor her job ina safe mmanner.Patients are given ocompne comprehensive exarnthatfocusesonindividuaYs ability tn perform the ' essential functions nf their particu\ar'ob. VVe recommend that e functional evaluation be perform ed (if ` the ''obhas associated physical demands) in addition to the medical examination.A medical exam will reveal conditions that may affect the performance nfthejnb;thefunctioma|examnm/i)! identifvifthe individual is capable of physically performing the essential functions of the job.The cost per exam is typically fixed, but may be dependent on the complexity ofthe health issue. (Additional testing, upon the City's no/s�ppmmva\, aVbenequined1ocnsunethattheprupernmedicaUdecisionismnade.\ Noadditiana| testing will be conducted without exclusive authorization by a designated client contact. A fitness for duty examination is performed when an employee is: ' " Having observable difficulty performing work duties in a manner that is safe for the employee,for _ the employee's coworkers,for the University,or for the public, as determined bv the supervisor; ur _ ° Posing animminent and serious safety threat to self orothers. Drug Testing and AlcoW Testing Fo�nmnmet��n35yeamvxehav�peQu|�dyperformmedpne-ennp|oymen� pVst'occidentremdomm, and reasonable cause dru' testing services for our clients and affirm we can perform the requested drug screens for the City. Conoentna believes that DOT Federal Regulation 49CFR Part 4O,which outlines Procedures for Transportation Workplace DruQondA6coho/ 7es�ngPrugrornz, �rovid�sC�ear8mide�ines�Pd �i�� ' standards ayit relates tm drug and alcohol testin 8proce d res. For more than two decades,these. l to d legal haUemQesand have benonme knuvvmas the gold procedures have m/�hs�o�dv�r�o�aneBu�regulatory e�a c ' stawdard. Therefone, [uncentroconductzo//d/ugtsst/ng /DDTondnon'DO71/nfu//cump//oncevv/&hDDT Regulation 49 CFR Part 40, and adheres to oil Substance Abuse and Mental Health Services City ol0rt Worth,TX^RFP No.14-o22S ����� M�i�|pmwd����p�o�|H������c� . m=m�wme=s�mm�o v�. / �drn�n�t/r�/on /I48�68�/po//c�son�proceduor� �oensure4o�ropr�otechomqfcos�ody. By following ` these procedures imfederaU,esxve||asmom�ederal testing,Cmmcentrais able toainop|ifv the collection process,offer the most defensible procedures for our collectors and clients,and provide the optimal level of confidentiality for the donors. As required by item 31.2.2.6in the RFP,Concentra affirms that prior to the effective date of the agreement,we will provide two copies of our"Drug/Alcohol Testing Manual"to the City employee the City designates ' Drug Screen �Cn0eetionondTestinc Collectors Concentra's certification course meets and exceeds the DOT training model.To help ensure consistency among all Comcentra markets imadhering to DOT regulations,wve developed a three-phase [oncentro Collector Certification Program. Our policy is that all collectors(new hires and existing) successfully complete each phase ofthe program prior to Concentra certifying the individual to perform drug screen collections.Concentra's intention is to maintain high standards and quality in the collection process. To thot end, [oncen� requires regu/ot/ons roquire refresher fr. /n/ngtooccurm/thinfiveyeo/s, }ftheco||ectordoesnatronmp|ete re�eyher training within the designated tinoeframe,w/e will not allow him/her to perform DOT collections. CoUectionProcess Concentra will administer all drug tests using the split sample method as required by the DOT and will test all samples for substances outlined in the most recent regulations.The certified collector and / appropriate laboratory adhere to the following guidelines: � ° Collect minimum of 45 milliliters(Mn;.)ofurine = Divide the specimen into two bottles, 30 nni in one and 15 noi into a second bottle - " Seal the specimen appropriately " Send each specimen bm the laboratory " Once received,the lab analyzes the primary 3O mi. bottle;the second bottle is held im the laboratory pending orequest from the employee for asecond test in the event ofa verified positive ofthe primary test. [oncen//oocknuu//edgesthat the employee will be responsible for the cost ozsnc/oted with testing of the second zo/np/e. ChainofCustody When collecting urine specimens,Concemtra adheres to all SAMHSA policies and procedures taensure appropriate chain of custody to document the integrity and security of the specimen from the time of collection until receipt by the laboratory. For DOT collections,we use the federal chain of custody form; #zr non-regulated drug screens,vxeuse their non-federal chain of custody form. Specific to DOT testing, Concentra completes the federal chain of custody form in accordance with SAM HSA guidelines asvxe outline below: 0 Collector ensures that-the name and address of the drug testing laboratory appear on the top of the Chain of Custody and Control Form (CCF) and the specimen UD number on the top ofthe CCF matches the specimen |0 number un the labels/seals " Collector provides the required information in step 1 on the CCF and provides a remark,io step 2jf the donor refuses to provide his/her Social Security or employee I0number ' ° Collector gives a collection container to the donor tn provide specimen � City of Fort Worth,TX-`RFP No.14-0z25 ����� ,�d|�|Pn��r������|H���m�mk� ��~�� ������� �' ��' /3terthe donor gives the upecinnento the oz|lecto��he�o||�c1�rchec�sthe�enm�e���mreof�he � ` specimen within-four minutes,marks the appropriate temperature box im step Zon the CCF, and provides a remark if the temperature is outside the acceptable range " Collector checks the split or single specimen collection box: ' if no specimen 11-5 colected,the collector checks that box, provides a remark, discards Cop � �, and distributes the remaining copies as required If it isanobservedco//ect/nn' the collector checks that box and provides aremnark " Donor watches as the collector pours the specimen from the collection container into the specimen bott|e(s), places the cap(s) on the specimen bottle(s),and affixes the label(s)/seal(s)on the specimen bottle(s) ° After affixing the labels/seals,the collector dates the specimen bottle label(s) ° Donor initials affixed and dated specimen bottle label(s) * Collector turns to Copy 2 (K8RO Copy) and instructs the donor to(1) read the certification statement in step S and /2\sign, print name, date,provide phone numbers,and date ofbirth; if the donor refuses to sign the certification statement,the collector provides a remark in step 2 on Copy 1 ° Collector completes srep-d/Le, provides signature, printed name,date,time of collection,and name of delivery service),immediately places the sealed specimen bottle(s)and Copy:1 of the CCF in a leak-proof plastic bag, releases specimen package to the delivery service, and distributes the other copies asrequired Medical Review Officer(MR{7)Services Cnncentra proposes to utilize Stephen krocht, DO, ofeJcroen' Inc. 'eScreen/for any required MRO services.The ��R��service reviews and interprets non-negative test results obtained through the City's ' pruQra nnto assure ascienti�caUy valid resu|� and then determines xvhethera |e8itinoetemedical ` explanation could account for a laboratory-confirmed non-negative result.Specifically,the MRO typically makes three or more attempts during a 24-hour period to reach the donor, barring unforeseen circumstances (such as donor's phone disconnected). During the interview, the MRO does not typically analyze the collection process with the donor, but rotherfocuses on alternative, legitimote medical explonotionsfor test results, Utilizing an MRO decreases the risk of a non-negative result due to donor's ingestion of a lawfully prescribed substance.The MRO can ask medically related questions(which the City cannot under the ADA)and definitely ascertain a positive or negative result. ` The K8RO always reviews the MRD copy ofthe Chain of Custody form for non-negative tests. If not transmitted prior tuthe lab results,the MRO assistant calls the collection site to request timely transmission of the K8ROcopy. If the Lob copy is not transmitted with the lab results,the MKQassistant calls the lab to request timely transmission of the Lab copy es well. The MR0 will not/n/botendonor interview until receiving the MRDC4myoy the [CF, and will not transmit verified results until receiving the Lob copy. If the &XRO is unable tuobtain either copy,the K8ROvvi(| notify the City ofe"canceled" test. Breath Alcohol Testing Concentra conducts breath alcohol testing using an evidential breath testing(EBT) device approved om the National Highway Traffic Safety Administration's(NH T3A) Conforming Products List for both screening and confirmation testing.Tu ensure quality results,each EBT device has o calibration check performed daily and after every positive result(no exceptioms)- records of the calibration are placed on file with e retention period of five years. In addition, personnel performing breath alcohol testing are ' trained and certified asB/gsim accordance with DOT guidelines. ' City of Fort Worth,TX+RFPNo.14-0225 Conce Medical Provider of Occupational Health Care Services ` icaVly, breath alcohol tests that register less than 0.02Bms/21Q| are reported as"negative"(for the purposes of DOT)and mo additional testing isrequired. Breath alcohol tests that register 0.02 gnms./2101 or greater require a second confirmatory test. If the confirmatory test is less than 0.02 gms./2101,the results are reported as"negative." Breath alcohol results that register 0.04 gms./2101 or greater on the confirmation test are immediately reported tm the City. (AO.04 gms./210|iaconsidered a DOT positive result). Laboratory 7esti mg Concentra acknowledges the City's request that the medical provider utilize Advanced Toxicology Network/ATN> and affirms our ability to meet this requirement. VVe have many relationships with national laboratories, including ATN, and will work with ATN and the City to provide substance abuse and clinical testing,when needed. On-site Drug Testing Concentra acknowledges that the City may require infrequent on-site drug testing(less than four per month) during the contract period. Concentra affirms our ability to conduct on-site testing and will not chmr0etheCityanon'siteserviceoharQe. |ntheeventofunschedu|edon-sitetesting,Concentrevvi!| charge the City an on-site fee plus the cost of services rendered. Clinical Testing Concentra acknowledges that the City may require various clinical testing as part of the examination process and we affirm our ability to meet this requirement,Concentra offers a selection of clinical / testing services in our medical care clinics, which we perform on equipment that has been thoroughly ` examined and calibrated prior to testing.We can provide calibration reports to the City upon request. The following table outlines CoMcentra'sclinical testing capabilities: Audritometric All audiometdc testing conforms to the OSHA standard 29 CUR 1910.95.We have CAOHC- Testina certified technicians to perform the tests,and we will provide all certifications upon request. ^ Audiometers that pause testing n ambient sound levels temporarily exceed OSHA levels ^ Immediate STS identification and retest capability ^ CADHC'oertified hearing specialists ^ Acoustic Systems audio booth professionally designed and installed in each clinic ~ Daily equipment calibration ^ Microprocessor audiometers EKG Concentra will perform a 12-lead EKG that measures the electrical activity of the heart.A center (Resting) physician will read the EKG. Pulmonary A technician penorms all pulmonary function testing in such a way as to allow real-time graphic Function and numeric data to verify the test validity. Data returns of VC, FEV|,PEFR, FEF25%-75/., and Testing FEVi/FVC are required. Vision Atrained technician performs a vision test that meets OSHA standards for visual acuity.The technician screens for visual acuity with corrective lenses,lateral and vertical depth perception,and color discrimination for red,green,and amber. ` City of Fort worth,-X a RFP No.14-0225 concen'tral Medical Provider of Occupational Health Care Services Vitals A drained technician records resting pulse rates and Mood pressure using a hospital grade sphygmomanometer and stethoscope.The examining physician must obtain a repeat reading for any person who does not meet normal pulse rate or blood pressure criteria. X,-rays All posterior-anterior X-rays are performed by registered X-ray technicians and certified 13- readers will review selected chest X-rays in accordance with OSHA regulations. Immunizations/Exposure ControI Program Concentra realizes that employees working in occupational settings may have the potential for exposure to infectious materials(e.g., blood,tissue,specific body fluids and medical supplies,equipment,or environmental surfaces contaminated with these substances),depending on their job functions. Concentra will support treatment of employees exposed to bloodborne pathogens by medically managing the employee's occupational exposure including but not limited to:the determination of an exposure,vaccination administration,source testing, laboratory testing (HIV), recheck visits, post- exposure prophylaxis,and counseling. Concentra physicians provide the recommendations for the occupational exposure of blood and other potentially infectious materials(OPIM) in accordance with the Centers for Disease Control's(CDC) Updated U.S. Public Heaith Service Guidelines for the Management of Occupational Exposures to HIV cnd Recommendations for Post Exposure Prophylaxis.The recommendations apply to situations in which a person has been exposed to a source person who either has,or is considered likely to have, human immunodeficiency virus(HIV), hepatitis B, and/or hepatitis C infection.The risk of hepatitis B infection is primarily related to the degree of contact with blood in the work place and to the hepatitis B e antigen (HgeAg) status of the source person. Concentra provides a comprehensive service offering to ensure the City's employees have the necessary vaccinations to prevent disease and protect their health.Concentra clinicians are trained, qualified,and readily able to provide a myriad of immunizations and infectious disease screenings for the City. We immunize all candidates and employees against infectious diseases in accordance with 29 CER 1910.1030, "Bloodborne Pathogens". t. o- �k _ Hepatitis A Vaccine Vaccine can be offered to high risk(Hazmat, Response Team)and other personnel with frequent or expected exposures to contaminated water Hepatitis B Vaccine and Titers As specified in CDC guidelines;a series of three vaccinations that occur throughout a six-month period Hepatitis C Virus Screen Baseline and following occupational exposure IV Scriee,,in ' Screening is available to all exposed personnel,as needed Influenza Vaccine Concentra can administer flu vaccinations to all personnel annually,if desired. As appropriate,Concentra will discuss with the City the specifics regarding administering the shots and anticipated volumes. Measles, N 1;sil Rubella in accordance with the CDC guidelines Vac C iInle (lsfi IR) Meningitis(bacterial) in accordance with the CDC guidelines Polio klaccine In accordance with the CDC guidelines __.____ .- _---___ PaRe 17 �� City of Fort worth,TX 4 RFP No.14-0225 cc 6r Medical Provider of Occupational Health Care Services Tetanus;D43htheria Vaccine Booster every 10 years Tuberculosis Screen (PPID) Annually,or more frequently,accordingto CDC guidelines unless the member has a history of positive PPD.If positive by history,CDC guidelines for management and subsequent chest radiographic surveillance shall be followed. Medical Surveillance Evaluations Concentra has been performing medical surveillance testing for our clients for more than 30 years. Nationally,Concentra is responsible for thousands of our client's medical surveillance programs. We have comprehensive surveillance policies and procedures for each examination and all staff is trained in examination components. Concentra's staff will administer and maintain all necessary records associated with any OSHA medical surveillance requirement, including respiratory physicals in accordance with 29 CFR 1910.134, hearing tests—1910.95,and bloodborne pathogens—1910.1030.We also follow the recommendations of the CDC for the administration of hepatitis F vaccinations.We also abide by and assist our employers with the Recordkeeping Standard. Concentra has written guidelines on all OSHA standards, including the testing(examinations, pulmonary function, audiometric, laboratory,and respiratory fit testing) required in each standard. Concentra will also ensure that all personnel have the appropriate certifications to perform the audiograms and pulmonary function tests(CAOHC and NIOSH respectively). Respirator Clearance Concentra affirms our ability to deliver this service as part of the medical testing program.We describe our capabilities in the table below. Respirator We acknowledge that the OSHA respirator questionnaire is a required component of the overall Medical respirator examination.As such,Concentra will utilize the OSHA Respirator Medical Evaluation Questionnaire Questionnaire when rendering services for the City.After the individual completes the questionnaire, the attending physician reviews the responses and makes medical recommendations hi-conjunction with the review of the employee's test results.If the individual answered "yes"to any of the questions in 1 through 9 of the questionnaire,ancillary tests,such as a medical exam and vital sign testing,may be required at the discretion of the attending medical professional. Miedical Exam Concentra recognizes that an evaluation may be required based on questionnaire responses and we affirm our ability to render this service.The respirator exam will include all components desired by the City and may consist of any combination of the following clinical services:chest X-ray, EKG,and/or pulmonary function testing.We will conduct the evaluation in accordance with OSHA standards,as outlined in 29 CFR 1910.134,and will perform all follow-up testing required as allowed by law and after obtaining authorization from the City. Fit Test(if OSHA and NIOSH provide the recommendations for those workers who may be required to wear required,for respirators due to environmental contaminants.A fit test determines the ability of each individual an additional respirator wearer to obtain a satisfactory fit with an air-purifying respirator and/or supplied air feel respirator. if desired,Concentra can perform fit testing for the City's employees for an additional fee. Hie perform quolitotive fit testing in oll of our clinics;a select number-of our facilities also perform quontitotive testing.All fit testing is performed in accordance with OSHA regulation 29 CFR 1910.134. Paee 110 ` City of Fort Worth,Tx+0FP No.14-0z25 concemtra, Medical Provider ol occupational Health Care Services / CDL '—� K� ` ' r- Robe/tHmsse/t, DO, MPH, Vice President, AYedicu/operations, has served on the City's CDL Review Board for more than eight years. Br. Hassett provides medical oversight,consulting with the City to ensure that employee healthcare goals are in line with what is medically appropriate. Qr. Hassett is board certified by the American Osteopathic Board of Family Physicians,the American Osteopathic Board of Preventive Medicine,and holds certification in occupational medicine. Data CoUUection and Reporting In all of our medical care centers,Concentra utilizes a provider database, referred to as OCCOSOUrce that enables Concentnato capitalize on superior knowledge of workplace injuries and their predictable outcomes.OcomSuurce supports daily management nfinformation and patient flow Within each center and offers unique,timely, and meaningful information to our customers una daily,weekly, quarterly, bi- annual, and annual basis according to specific requirements.This benefits employers,employees, and payer groups bV ensuring consistent guidelines, e user-friendly system, and statistical outcomes. OccuSource is proprietary to Concentra, and is far superior to similar programs in its ability to track patient care and provide outcomes data.As a cumulative database,OccuSource maintains demographic and visit information for all patients treated at our clinics,and is readily available to create several types of outcomes data.Concentra believes that OccuSource's ability to capture valuable information on all patient visits—more than (5 million visits annually—distinguishes this database from all others utilized in the occupational healthcare industry. OccuSource creates outcome reporting that not only provides valuable/nfonnobbn ' rourclients, but also enables[oncentrotu utilize dototo develop best ' — de/nonstrotedprochtepotte/ns. ` Standard Reporting Individual patient encounters provide the basis for the reporting system.The system creates a report-far each employee visit seen at Concentra and generates an email or fax notification (based on the City's preferences)to the City's designated contact. Concentra can set up notification for multiple contacts, if desired. The following table outlines examples of daily reports Concentra can generate for the City.Sample reports are available upon request. . Activity Status Report " Generated ot the conclusion of each injury visit � Report includes the patient s name,company department, date ofviuit, cheok'in/check'outtime,diagnosis,treatingphysician,restrictionson duty, next scheduled appointment,and anticipated date ofmaximum medical improvement Non-|njury Status Report " Generated at the conclusion of each noninjury visit " Report includes os,date seen,time checked in and out of the center,results,and,remarks Missed Appointment " Generated the day after a-missed an appointment . ° Report includes the employee and employer demographics,Umeanddate ' uf the missed appointment,and physician's name / City of Fort worth,TX o RFP No. 14-0225 t. ' Medical Provider of Occupational Health Care Services ® 9 P o IN 11 Patient Referral Generated when a referral to a specialist takes pace 9 Report includes basic demograpliks,bitting informati®n,specialist information,and referrals details(Le_,type of referral,recommendations, priority,notes) , ;7tilization Management Reports In addition to our standard reports, Concentra offers our clients quarterly utilization reports that share key injury information.This report offers a roll up of all injuries treated at Concentra and provides detailed information specific to injury care services, including but not limited to the following: • Number of workers treated 0 Average days to discharge • Distribution of body type injured - Percentage of cases with off duty and limited • Number and percentage of cases closed duty days • Average visits per case 4 Average number of off duty and limited duty days • Percentage of cases referred to a specialist 9 Average cost per case provider a Comparisons of the project data to the entire • Percentage of cases referred to physical client market for the same period therapy Additional Services and Wormation Result s Communication Physicals Concentra will'integrate, review, and report oil medicol information bock to the City's designated representative within 24 hours of receipt of all relevant data. The report will provide a recommendation based on the results, any recommended referrals, and/or restrictions, and recommendations for necessary follow up to remedy the referral The physician will note if additional testing is necessary and advise of the clearance status for job placement. If the results require supplemental testing,Concentra will notify the City's designated representative prior to performing any additional testing. Depending on, the specific components tested for(i.e., blood or urine onolysis), results may take up to five days to report. Dreg Screens Concentra's average turnaround time for a negative drug screen result is 24-410 hours upon receipt at the lab. However,a positive result turnaround timeframe,including MRO review,varies for non-DOT and DOT tests,and may take 400 to 72 hours depending on the MRO verifications. Non-DOT Positives—For a non-DOT positive drug test, MRO review is at the employer's discretion and results can take 4101 to 72 hours upon receipt at the lab. DOT Positives—MRO review is required for all DOT positive drug tests.While we can report a confirmed positive result to the MRO within 400 hours,the average turnaround time for a positive DOT drug screen review by the MRO varies due to the responsiveness of the donor to the MRO in accordance with DOT regulations.The donor has up to five days to make contact with the MRO per DOT guidelines before the MRO reports a result. Unless otherwise noted,the MRO will conduct the MRO investigation in accordance with the DOT guidelines. Breath Alcohol `yeiir3 We report breath alcohol testing results the same day/that we obtain the specimen. PaLye 20 City of Fort worth,TX+RFP No.z4-o22s ��D��� a�dx�|pm����mp�o�|H�khcaescm�s n�e�om*=x�xmv.0 �� Injury5erices Conmentma generates an activity status report immediately upon checkout that includes the following information: " General patient demographics " Basic employer information " Visit information, including name of treating provider and diagnosis " Patient status, includingany restrictions, return-to-work status, and date of anticipated maximum medical improvement/K8MU " Name of1meadnQprovider , Date,time,and provider for next scheduled appointment [oncentro'snned/co/ondc//n/co/expert�e � un/no�zhed� VVehavedeve|nped�orn�nehensivepm|�cie� and procedures for examinations,aswell asdrur/a|coho\testing, injury oere, meturn-to-vvorh, preventive drug /alcohol cane' and more 1h�tcomply with OSHA,DOT,A0A^and th erregulatory guide|ines. We provide avariety of healthcare sen/�esna �nxv e i nationwide through our 38Q+urgent care centers and nearly 20O Health and Wellness Centers(HWC), and deliver comprehensive health and wellness programs. Auf^on summary �oncen�rarevi�vxedt�eCdxscopeofvvmrkundxvecom�rnnuurabiUitytope�ormthemut|inedaen/ices ' effectively and professionally.We believe Concen1ra's longevity in the healthcare marketplace, expert infrastructure, and consistency in delivering healthcare services —along with our report/og copob///t/es _ ond comprehensive suite of serv/ces -- differentiate us from our competitors. ' ` Concentra appreciates the opportunhytu present our services and capabilities'We are confident that we can address all the outlined service re quirements efficiently, professionally, and in accordance with regulatory standards. Concentra is prepared to deliver a best-in-class solution that exceeds the expectations of the City of Fort Worth,TX. 2" Conflict of Uk��������� Questionnaire We indude the completed Conflict of interest Questionnaire as part oflAttachment A-City-required Documents. 3, quaff^r-a- flons Questionnaire We include the completed Quo[ifications Questionnaire as part of Attachment A-City-required Documents. 4" Fees and Charges SchedWe Concentra appreciates the opportunity to present our proposed fee schedule-for the City's program.VVe include the City's required Attachment D:Service Fees and Charges Schedule es Attachment D- Fees and Charges Schedule.VVe affirm all in-formation contained herein iscurrent,complete,accurate,and remains valid for 1000 days-following the due date, September 11,2O14. Page 21 ' City ol Fort Worth,TX*RFPNo�z+o22s ��>��� M�ka|pmw�r�Oc����|H��h��sem�s ` v=r�m mv=m=m w�m =°. / 5, ��BE Utilization Plaq. Concentra acknowledges that as of June 1, 2012,the City implemented a new Business Diversity Omdinance /Q0Q� Asaresu|t the City has innp|ernenteda1896K8BE utilization goal,speci�ceUyfor ' i ''fi t��edbvtheNorth Central Texas Regional Certification Agency(NCRONCA). African American firms ' Overthepastfiveyean�CnncentnahasmnorethandoubledtheCit/sstandard10%MWBEmtUizatimn Qoa! fn �ne�orttorenmainas1rongcornnmunitypadLnerandnmainta�nmpr�on8s�amd�n8re�atiomsMipvvi�� ' the City, Conoen tro will continue our efforts to identify opportunities in which tm engage qualified African American MBE firms and achieve the level of participation outlined inthe City'sRFP. Concentra currently maintains relationships with several thousand employers that have internal Diverse Supplier requirements.Typically, are munidpaV,federal,or federal contractors. Un ' many cases Concentra, although not a minority or disadvantaged business enterprise, has been asked to participate toward our client's goals through our own sub vendoringefforts. Our process for compliance isasfollows: " Meet with the local/area team to identify subcontracting opportunities � Write the Certification Agencies t o obtain copies ofK /V0Edirectories and cross-reference with market/state • Review internal tracking ofM/ VBEsubcontractors • Generate letters to subcontractors indicating interest in subcontracting opportunities and aquote for services " �nntac1recrui�nnen��mdp1axennen�or8anizationsifa|ovvnumbernfsubnnn1n*ctumsmeypond su bcontractVrsasnecessary � Recor� anddocurnentqualified ` 6, Financial Information VVe include our more cumemtyeapendAnnua| Report and audhed�nonda|statennentas part ot Attachment E-Financial Information. 7, Oruan.zat~onaK Kn�m^rmafion Experience�^,r ^^ --- - ^ have n�eserv�8���heC�»�oru»�erof1he �uncentr��on�decs�a �r�UeQeto experience _- ,� requested services. Du�ngthe course of our re�tonshi�� Conoentrahas become intricately kmovvhed8eableof'he City's gmideUmesand operational pnoceduve� and aoaresult has established e�e���meonnmmmun�-eti�m' ond msiness relationships xv�hthe C�vsper��nne1tu ensure m/e ~ pathways is.With a clear understanding of the demographics and meet the City's needs oaa continual bas designated workplace culture, Comcemtrou�ers the city compelling advantages. {n addition,our rtise necessary to perform medical examinations provider possesses om intimate knowledge and the expe �d sider[1amhonor thatconnply\mithne|event8uide|inesamd�he�i�yspecif�o�dmn�.�nnment��vvom consider �ocon��nmeinuuroz\e�s�he�itv/��c�inioalnesourcrfor the requested scope ofvxork. / City of Fort Worth,TX+nFP No.14-o223 ���������� ^�dka|���r������|H����senxc� ^ v�w�mm�*�mm�m e� / I�°^�K� K�are Experience ` � ' h �o �/e��cor�b 'oggress/ve/yconservo�/ve''—conservnt/ve /ntheprocbceqf [onusnhnsopprooc po / medicine, ond aggressive /n the nnonogementofthe cose. In our practice,Cwmoentra employs the system of process management,which re fers to monitoring and directing the processes and events that make wp the structure and flow of an individual case,all with the focus of achieving the optimal outcome. These processes and events include many variables,such as frequency and timing of patient visits, communication with the patient's employer, and referral patterns for consultations and diagnostic testing. This analysis of comprehensive outcomes data proves that the following factors have a considerable impact on the ultimate outcome and cost of a workers'compensation case: . • Treating the patient at frequent intervals in the initial period following an injury • Communicating with the employer about the activity/duty status nf the injured ennp|oyee � Monitoring referrals to ensure that a patient is evaluated in a timely manner � Paying attention 1ocase closure following release tm full-duty activity Non-injury E�K��%�rieK0ce Conoen." regularly pe�ormsphysicals and conducts drmu/ knho|testin0forourdient� prnQranns.VVe assure-- City that only qualified individuals will perform the services in accordance with all local, state, and federal guidelines. To dote in 2014, our DrFW centers h(jve collectively perforaled n7ore thon 50,000 physicals and 83,2U0 drug screens. ' Concentra's acquired experience performing the healthcare services desired by the City uniquely positions us to deliver a complete solution that exceeds the City's expectations.Our proposed program incorporates extensive expertise in the areas of examinations and other occupational healthcare services, and maintaining compliance with various regulatory agencies.As appropriate,we are happy to discuss our additional capabilities with the City. 'Customer Satisfaction Patient ra� � eemce Concentra'' oonmnni1mmentturenem/omrfmcusonthepa1iemt experience began with creating new . mission,vision,and values(MVV)statements.These words defined our goal to provide superior customer service toevery `atientduring every visit.To ensure the nmeasagereached Comcentra � colleagues nationwide,xvecreated th e Orange Book,O B k, desi8nedto8uideCo\lea0uesintheir service delivery. Concentra expects our employees to abide by the principles set forth in the Orange Book to ensure continued service excellence to all Comcentra employers and their employees. Ensuring apositive experience to every patient visiting our medical center is a key initiative throughout Concentra's organization,from our Executive Leadership Team to our local clinic staff.Our colleagues strive to nedefinepatien� staff n�re �y�re���m8each �mtient�o�vxel�nmnimQ, /espectful,endsk0\fw!experience. Concentra assures the City that our local clinic otaahares this same passion and concern for our patients and each individual will work tirelessly to ensure the City's employees enjoy a positive experience. Measuring/Tracking Sob�acbnn ' Asa }eadi~ national provider of occupational, urgen� preventive, and p�maryheo&hcawesen�ce� � Concemtrz �understands the importance of combining quality medicine with superior customer service. Um ------------------ o~..,v v City of Fort worth,TX�RFP No.z4-o22s ������ M�kz|px�d������a|H��h�e��� , n=�vmnx=w=mm�" �� ' fact,customer priorities.Concentra has developed a ' ` comprehensive customer service training program,and vve continue 10 refine and expand upon that core foundation to ensure w/e consistently deliver superior services. To track sa1isfac1ion �omos�trm imparts metrics: ' ° VetPromoter Score/iVPS1-This simple,yet powerful tool measures customer satisfaction and, in turn,serves asan indicator nfcmstoner loyalty and potential business growth.The NPS provides the mmestablishing ccou��nbi�i� and prioritizing investnnents. Net e�n�for�au�in8�e� nn performance, � � Promoter indexes provide for actionable opportunities and benchmarks Concentra's data against industry norms. Franklin mni�VVestQateResearch,conducts a 12-question ' ' telephomicsurvey with a rating system from 1/unsatidactory\t 10(excellent).The questions relate to facility appearance,wait time,perceptions of the medical provider, and quality of care. Patients can also convey specific comments about their experience.The firm performs all telephonic surveys in accordance with local,state,and federal confidentiality laws. Westgate Research gathers the ' nuen1t�ann as As of acquired da�a and generates reports for Conoentn«smanage ' . July 2024, [oncentrv'5NPffor the South Central Region, which includes our DFN/locations, isG296. = Net PutientfxparicnceRoting(NPfR)-TheWPERisthepercentageofresponsestotheaun/ey questions "Rate Your Overall 8 Satisfaction"t����re�oand10s(uutof�U\.TheNPERisimportant neone is v i||i m�to recommend Comoentma.0 oncen tre tracks because itisa predictor of whether so Vm� nnomth|y�as�s�T�eNPERref|ectshovvvve||Concen1ma andreportson1hepatientexperience fulfills our purpose and predicts our ability to continue serving patients in the future.The patient experienoeisaoimpoMantas-- ifnotmo| innportmntthan -- anyothermneasureofperfornnamce, ' asitioa predictor of whether an individual iawilling tm recommend Concentra.A1Concentna,vve / exist 10 serve patients;therefore, a stellar patient experience isnot someth|nQVvestrivefor -- itis our purpuSe.4sof July 2D14, Concentro'sNPER for the South Central Reg/on, which /nc/udcsuur DFN/locations, is 55Y6. 8" Location Map include m�aN�mncentna locations kr right, ama� within the Fort\Nur1h/DaU metropolitan R. AIM center is indicated byam orange marker. .. 9" Organ~zzat^ona8 Chart The-following organizational Chart depicts Conoentra'sproposed leadership team at the Fort Worth Forest Park center: PROJECT MANAGEMENT AND SERVICE DELIVERY gernen Medical Managerneft Therapy management David Lambing,AMT/RMA Roy Kreusel,MD Michael PAurrelj,PT,DP Center Medical Director CenterTherapy Director Center Operations Director Nurs- City of Fort Worth,T)( ',RFP No.14-0225 cen t 'Ir Provider Medical Pvider of Occupational Health Care Services Con 'r a 10. 5-ann p I e R e p o its We include sample reports for the City's review as part of Attachment F—Sample Reports. 11. References Concentra offers the following three current client references for the City's review.We encourage the City to contact these entities as they can attest to our ability to perform a variety of healthcare services per each client's specifications and in full compliance with all regulatory guidelines. 111;XTIF Contact Dolores Lewis,Employee Lisa Zepeda, HR Director Sandra Vera-Summers, HR Benefits Director Coordinator/Risk Management Address 1500 Madlla Street 6A—N 101 S.Mesquite St,Ste.790 505 Barton Springs Road,Ste.750 Dallas,TX 15201 Adington,TX 16010 Austin,TX 78704 Phone 214.670.7391 10117.459.60069 512.974.3334 Services Employer services,injury Employer services,injury care Injury care,employer services care,health and wellness Page 25 City of Fort Worth,X RFP No. 14-0225 conceniru r Medical Provider of occupational Health Care Services Uaci1 im e n t A City-required Documents _.__._.__-----,-_—_.-- _„__�,.us_._,...�__ �—. �—______ —•--_----Attachments Fo- Pv-RCH.ASP-4GDIVISION REQUEST FOR PROPOSALS ") for IiDICAL PROVIDER OF OCCUPATIONAL 14EALTH CARE SERVICES 51 No.14-0225 Issued:August 13,201 PROPOSAL S`llTBA 1SSION DEAD M- w w Seutexrnber 11,2014 by 1o30PM Central'e ime NO L4 PF PROP0,5-4L q WILL BE-4CCEPTED R ESPQNSES SHALL ICE-DELIVEREID TO- RESPONSES SHALL RE MAILE D TO: CITE'OF FORT WORTH PI1TW ASING DIV'SI0� CITY Or FORT��®l�TH PUI�CIiASING IDI�IISI(�I�T LOWED L�VET LOWER 11E L 1 000 Tf OCI tDI�T®1�T STET 1000 THROC ORTON STMEET FORT WORTH,TEXAS 76102 FORT WORTH,TEXAS 7610 A Pre-proposal Conference will be held from 1030 PM NAME AND ADDRESS®P COMPANY to 3;30 PI-on Wednesday,August 20,2014,in S MITTW PIE1t➢P®SALo Purchasing Large Conference DOOM,City H121E,Lower Occupational Health Centers of the Southwest,PA, Level,1000 Throckmorton Street,Port Worth,Texas dba Concentra Medical Centers 5080 Spectrum Drive,Suite 120OW m��=:��`���r 5;�:;�Yr7�rn3cmm��t���='r•Mm��'.'�m�:r��;�r'�^���r:a^m^ Addison,TX 75001 FOR-ADDITIONAL ILi '®l ATION REGARDING THIS RFP PLEASE CONTACT: Doris Brent,Contract Compliance Specialist Jules Staten I<D®u nse9��eunt�P®>t ton t0I a aso�®� Contact I erson: m�����;��m,m��y..�l,'mm�m�=ym�'T'..`''n��mm����f:m��;:.�.,•.°; ;mxmz� Title, Major Account Executive COVER SHEET WITH 63�160 817 313.6621 Fax: 817 882.8707 RETURN RESPONSE TLO Empilo lutes_, to @concentja.qom Doris Brent Contract Compliance Specialist Signature: Arlene G.King Pu rchasing Division Printed Nanie. Authorized Re resentative 1000 Throcl Horton Street,Lower Level Font Worth,Texas 76102 Will contract be available for Cooperative Agreement, use? (See Section 27,page 10)Nes No Y— Ael ®viled,-ffleffit of Addenda:#1 X, 3'T'2 # #t. #5 t--Wo -V ADDENDUM TO THE REQUEST FOR PROPOSALS PFP 14-0225,MEDICAL PROBER OF OCCUPATIONAL HEALTH CARE SERVICES CITY OF FORT NORTH PURCHASING DIMSION ADDENDUM NO. I DATE ISS UEIDo August 27,2014 REQUEST FOR PROPOSALS NUMBER' 14-0225 ORIGIIN.L PROPOSAL SUBMISSION DATE, September 11,2014 CLARIFICATIONS: 1, Questions and Answers received throng pre-proposal conference and email are hereby incorporated,in fall text,page 20 REVISIONS: 1, Revision to RFP 14-0225,dated August 13,2014,is hereby issued to amend the following provision: Section 3L61,Scope ofWork,Subsection 31.2°7 is revised to read;Medical Provider will provide reports to City designated individuals in a timely manner.Specific reports may include.,but are not limited to the"Utilization Management deport..65A'ctivity Status Report�9g'Won-injury Status Deport,""Patient Referral Report,99 and"Patient Visit hiforn?ation.99 Reports-will be generated at no additional cost to the City. All other terms and conditions remain the same. -FAC BCE PURCHASING MANAGER ���� ��� e ccupational Health Centers of the Southwest,PA,dba Concentra Medical Centers SIGT-,4A'LW: Arlene G.King,Authorized Representa ve NOTE: Compaany na me aIlrnd signaAture eons be the game as on the bid docu eats Questions and Answers (Q&A)for City of Fort Worth RFP 14-0225 MEDICAL PROVIDER OF OCCUPATIONAL]HEALTH CARE SERVICES Q1. in Section 30 Qualifications,Subsection 30.1.4 Hours of Operation,it states that hours of operation at all Fort Worth facilities shall at a minimum be from 7:00 a.m.to 7:00 p.m.Does that mean that an of our facilities must be open during those hours,or just our main clinic? Al. The City hopes to procure a vendor who can have more than one facility open during the minimum hours requested in Section 30 Qualifications,Subsection 30.1.4 Hours of Operation.Please clearly state your company's capabilities regarding hours of operation in your response to this RFP. Q2. In Section 26.0 Involvement of Minority Business Enterprises(MBEs)it is no longer called YI/NVBE.Does that mean that women-owned businesses are no longer considered towards points for MME?Is the goal for this RFP for 10%MBE only(African American)? A2. yes women-owned businesses are no longer considered towards points for MBE.The last disparity study conducted by the City of Fort Worth indicated that Women-owned,Hispanic- owned,Asian-owned and Native American-owned businesses met parity for subcontracting opportunities on professional contracts outside of Architectural and Engineering Services. Therefore,as June 1,2012,the City of Fort Worth M/WBE Office assigns Minority Business Enterprise(MBE)African American(AA)subcontracting goals on all professional contracts outside of Architectural and Engineering Services. Q3. in Section 31.0,Scope of Work Subsection 31.2.7 Reports and Validation Studies,can You please clarify what an OCCU 300 Report is? A3. Section 31.0,Scope of Work Subsection 31.2.7 is revised to read:Medical Provider will provide reports to City designated individuals in a timely manner.Specific reports may include,but are not limited to the"Utilization Management Report,""Activity Status Report,"'Won-Injury Status Report,""Patient Referral Report,"and"Patient Visit Information."Reports will be generated at no additional cost to the City. A revised copy of the RFP will be posted with this Addendum. RFP 14-0225,Medical Provider of Occupational Health Care Services,Page 2 of 2 .ATTAC NT A CONFLICT OF INTEREST DISCLOSURE REQITIl2EIVIENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity(i.e. The City.of Fort Worth.)must disclose in the Questionnaire Form. CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity.Bylaw,the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the City.Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents.The form is also available at hft•//www ethics.state tx.us/forms/CIQ.udf If you have any questions about compliance,please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement.An offense under Chapter 176 is a Class C misdemeanor. RFP Into. 14-0225,Medical Provider of Occupational Health Care Services,Page 19 of 52 Not Applicable CONFLICT OF UNTEIMST QUESTIONNIAME FOILM CIQ For vendor or other person doing business with local governin_ OFFICE USE ONLY This questionnaire is being filed in accordance-with chapter 176 of the Local Date Ptecobted Govemn entity. k ent Code by a person doing business with the governmental By law this questiomah—e must be filed with the records administrator of the local goven- Lment not later than the 7th business day after the date the person becomes a-ware of facts that require the statement to be filed, See Section 176.006,Local Government Code. A person commits an offense if the. person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. �2me of person doing business with local governmental entity. Check this box if you are filing an update to a previously riled questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September I of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed quostioniiaire becomes incomplete or inaccurate,.) Describe each afffliation or busines s relationship with an employee or contractor Of the 16CRI governmental entity who makes recommendations to a local government Officey Of the local it re of mo ey. o Vernmental entity-svith respect to expendi u 0 Not Applicable 40 Describe each affiliation or business relationship with a person Who is 2 local government officer and who appoints or employs 2 local 90veyument officer of the local governmental entity that is the subject of this quesfionnaire. Not Applicable RFP No. 14-0225,1,A-e Health ageMof`5129 ,dicaj provider of ocowpatio-nal -Care ScrVices P Not Applicable FORM CIQ CONFLICT OF INTEREST QUESTION-NATHU For,gvendor or other person doing business with ROCRI gffernmeilltRl entity pa's 2 -K-Name of local government officer with whom filer has affiliation or business relatioflship� (Complete this section only if the answer to A,B,or C is YES.) This section, item 5 including subparts A, B, C &D,inust be completed for each officer with whom the filer has allfiliatio-In or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or Rely to receive taxable income from the filer of the questionnaire? yes El No 'th B. Is the filer of the questionnaire receiving or ljj<ejy to receive taxable income from or at -e direction -D the taxable income is not from- the local of the local governmen t officer named i-.i this section-AN governmental entity? 11 yes El No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director,or holds an owunership of 10 percent or more? yes No D. Describe each affiliation or business relationship. N Not Applicable 6. Describe any other affiliation or business relationship that might cause 2 c00flict of interest. Not Applicable 7o Signature of person doing.business with the govennnental entity Date RFP--No. 14-0225,Medical Provider of Occupational Health, Care Services,Page 21 of 52 ATTACIMENT C QUA kTLQ-NS_QUESTIONN AME. _ The purpose of this Quest!Onfl2irc Is t®assist iIR the initial stages of selectiag a Medical Provider to provide occupation -vice, al health care ser 9 as requested by the City. All questions must be answered PART A.MEDICAL PROVIDER GENERAL—INrA ORMATION 1 Legal Name oMedical Provider Occupational Health centers of the Southwest PA,dba Concentra Medical Centers Physical Address of Corporate 5080 Spectrum Drive,Suite 1200W Office or-Headquarters city I Addison State TX Z' Code 75001 Telephone- 800232.3550 Fax Wobsito-Adckcss www-concentra.com 2 EdEcipai Owner(s)/Partners/Officers(add rows asnecessmy) W.Tom Fogarty,MD,President Treasurer,and Corporate Secretary Roy A.Beveridge,MD,Senior ice President and Chief Medical Officer Date Medical Provider was Founded 1 Opened 1979 incorporated Total or of Medical Provider employees 8,800+ Total Provider o ployees Wor g in 5 number of Medical Pro m kin Approximately 300 Texas, Total number of Texas licensed health care practitioners More than 200 employed by Medical Provider. 7— Totalnaumber of Texas licensed health care practitioners Concentra does not keep records on contracted medical on CITY's contract with Medical Provider. personnel. Total number of current clients of Medical Provider with Approximately 30,800 locations in Texas 51 9 Total number of current!Egg 90V0rnM0UtaVPubHc Approximately 250;Concentra can provide a complete entity clients of Medical Provider list upon award 10 Total Amount of Medical Provider health care services billed from Texas locations in $ Calendar Year 2013 Approx. $109m 11 Total unt of Medical Provider health care,services billed from Texas locations in $ Calendar Year 2013 related to the treatment of on the job injwrios. Approx$54m 12 Does Medical Provider have the capability to electronically report in-formation to the CITE' es regarding services rendered on a detailed and summary format? No El 13 Can Medical Provider provide sample reports indicating the lovel of reporting capability of Yes information or data to the City regarding-services rendered? No 14 List below nE three Q lar est current Texas clients, Name of Client HEB Grocery Address 646 S.Main St, 7M pity San Antonio state TX ZiD Code 78204 Length 0I Relationship with this entity Years 19- Contact Name Linda Bade Phone 800.305.7587 Retail Name of Client Walmart Address 702 SW 8th St. City I Bentonville state AR Zip Code 72716 Length of Relat'011shr' With this entity #Years 15+ Contact Name Store Managers -phone 501.2714000 1 EMail Name of client I UPS Address 2925 Merrell Rd city I Dallas State TX Zip Code Length of Relationship with this entity #years 15+ Contact Name I Thelma Lee phone 214.914.9359 Eia�aii 15 list. below your three(B)largest Texas ernm- ental/ ublic entity clients: Name of Gov.Enfi!X City of Fort Worth Address 1000 Throckmorton St. 76102 City I Fort Worth I State TX Zip Cade Length of Relations with this entity. #Years 8+ Contact Name Ron Josselet Phone 817.392.7766 Email_ Name of Gov.Ivritity City of Houston Address 611 Walker St. City Houston state TX Z p Code 77002 Length ofRelationslri With this entity #years 13+ Contact Name Jim Mihalic Phone 713.247.1000 1 E-mail Name of Gov.Entity City of San Antonio Address 343 W.Houston St.,Suite 405 — Z �j City San Antonio state -rX ip Code 78205 Length of Relationshi With this en 117 years 12+ — Contact Name Ella Anaya Phone 210.207.7316 EM Yes an' an s,transfer of ownership -f6-- woes Medical Provider tici-Pate Y Merger Ala management reorganization,or departure of key Personnel Within the next 36 months that may affect the Medical Provider's ability to perform Services required in this RFP? Has Medicat Provider ever declared bmlauptu? s Igo 8— Please provide the most current annual report and/or audited f linancial X statement prepared for Medical Provider. 19 Has Medical Provider been issued any penalty or fines from the Texas No Department of Insurance relating,to any-violation of the Texas Labor Code Or Rules since 1/1/290107 20 Total amount of penalty or fines paid to the Texas Department of insurance relating to violation of the Texas Labor Code and Rules since 1/1/29010 by N/A Medical Frovider. — 21 leas anyone filed aco Yes complaint with the Texas Department of Insurance Li No regarding any health care services rendered by Medical Provider or their designated agents since 111/2010? If yes,please explain below: Has Medical Provider been audited for compliance or othemise Investigated by the e, Yes NO Texas Department of Insurance relating to workers'compensation.medical clam? I subn3issions or set vices rendered? 24 if ycs, lease ex lain below: RFP No. 14-0225,Medical Provider of Occupational-Health Care SeIrvices,Page 38 of 52 ated to provide health care or medical yes T-To Has an-Y health care practitioner,anticipated "0::] services to the City solicited in this RFP,employed by or contracted With Medical Provider been disciplined by any State licensing board or regulatory — agency in the past 5 years. um:s' 26 If Yes,please identify the healthcare practitioner and provide a detailed explanation of the circ instances involved. 2 has anyone filed a complaint regarding any health care practitioner, _Ws_E1 iT0_ anticipated to provide health care or medical services to the City solicited in this RFP,with any State licensing board or regulatory agency in the past 5 years? 28 H Yes,please identify the healthcare practitioner and-provide a detailed explanation ofthe circumstances involved. PART B.NEDYCAL PROVIDER CONTACT 29 Provide the following information for designated contact that CITY may call regarding MEDI PROVIDER proposal. Name of Cop-tact Jerry Francis,Sales Manager Address 2500 West Freeway,Suite 100 City Addison State TX Zip Code 17' I Email lerry_rancis @concentra.com Telephone 1 214.649.1213 FaX 1 817.882.8707 PART C>MEpIcAL PRACTICE GUIDELINES 30 Use ofiScientific,Evidence Based Medicine–To what extent does Medical Provider incor scientific, poriate scie c, 't and care of patients? Please describe evidence-based medicine into health care practitioners'medical treatmen below, Please refer to our proposal narrative. 31 Utfliz7ation of Treatment Guidelines–To whet extent does-Medical Provider follow Texas Department,of Insurance,Division of Workers'Compensation adopted rules for Medical Treatinent Guidelines,Rule 137.100? Please describe below.How health care practitioners i incorporate the atmelf g u! el no s into medical treatment regimens and treatment,plans to manage patient care. Please refer to our proposal narrative. RFP_No. 14-0225,Medical Provider of Occupational Health Care Services,Page 39 of 52 PART D.-MEDICAlL,PlE£®V DER FAClLI7[ ES TO SERVICE CITY 33. ldentify each WEDICAL PROVIDER facility anticipated to provide services to the Clay and complete the belovr reoested information for each facility and their personnel. Add additional sheets if necessary. FACILITY I Facility Name Fort Worth Forest Park Hacili-w Address 2500 West Freeway(130),Ste.100 Cit Fort Worth State TX Zip Code 76102 Y - Telephone 817.882.8700 817.882.8707 Bate Facilj!y Founded/Opened Center opened in 2002 Days/`amour of Operation M-F:Barn-8pm,Sat_Sam-5pm Name of Facility Office Manager David Lambing,AMT/RMA,Center Operations Director Services to be Performed at this Paca9ef�v� Acute injury medical treatment for job-related injwles/occupatio 1 diseases Yes EXI ?do [Reference:Attachment D,Sub art A of this RFP lion j Occupational Health Care Services: Breath Alcohol Vests[Ref.Attachment D,Subpart B.1] Yes El No Urinary Drug Screens( DS)[Ref Attachment D,Subpart B.2] Yes® iedo Physical Examinations/Assessments ef.Attachment D,Subpart B.3] Yes �To Laboratory Testing[ref.Attacl!�Sub art 13.41 Yes No� imrnuarizzations/Vaccinations[Ref Attachment D,Subpart 13.51 Yes No El 0t1 er Procedures t Services[Ref Attachment D,Subpart B.6] Yes[XI NO Health Care Practitioners at this Facility Please complete the following information fear each Texas Licensed Health Care Practitioner serving this facility that is anticipated to pKLvide services to the CITY as outlined in this IFP. Health Care Practitioner Name Medical Specialty Texas License A #Years 0 Years Practking Practicing ? at this Faoility Roy Kreusel,MD Occupational Health F4179 25+year 10+ Mark Moms,DO Occupational Health H8268 22 year 8+ -RFP No. 14-09-25,h4edical Provider of Occupational Health Care Set-vices,Page 40 of 52 PART R MERICAL FRO-VI DER FACILI 8 TO SE13VI TH M, (contirtued) mcmm 2 Facility Name Fort Worth Fossil Creek -F Facility Address 4060 Sandshell Dr. C"lre'gs u 76137 (.Nt Fort Worth State TX Zip Code. 76137 Y Fax 817.306�.9780 Tqjqpjj0R0 817.306.9777 99 t Center opened in 8 Date Facility Founn�ded �ened Ceenter opened in 1998 Days/Hours of eration M-F:Sam-5prn Name of Facility office Manager Marquisha Paris,Center Operations Director his Acute jrjury medical treatment for job-related injuriedoccupational diseases Yes [Reference:Attachtnent D,Subpart A of this FIT]— Non-Injull/Occi_Mation al Health Care So!vices:Breath Alcohol Tests L Attachment D,dub j_part B,11 Yes L El No El _j- Drag Screens QOM �eff:Attachment D.Subpart B.21 Yes B.31 Yes ICI® —E] Physical Examinations I AssesSISIOMIS&-f-,Attachment A M - Laboratory Westin l [Pef:Attachment D,Sub paAB-4] yes EF No FI 9 Immunizations/Vaccinations lRer.Attachment D,Sub art B.51 Yes X No Q €Dtl Attachment art 13,61 des Ix I Ro El -or-Procedures/Services jjt�f Health Care Practitioners at this FacURY, Please complete the following infor mation f6r each Texas Licensed Health Care practitioner serving this facility that is anticipated to provide services to the CITY as outlined in this FX�P- Healill care Practitioner Name Medical SaecialF Texas-11cense h:Years 4 Nears Practicing �racticin at dais P'aciLfy —7George—Niemirowski,MD Occupational Health H0686 25+years With Goncentra for 20+years r Kenneth Baldwin,DO Family Practice D8501 s With Concentra fo 18+years UP No. 14-0225,Madjeal Provider of occupational Health Care Services,Page 41 of 52 Concentra has fourteen(14)additional clinics in the DFW metroplex;The Fort Worth locations will serve as the primary locations pART D.ME_I)IC�AL PR R7 O_VME—R FACILITIES TO SE VICE CIM 00ndnll d) F-ACILITY3 Facility Name Facility Address City State Zip Code I `feleahonb fax Date Facility Founded/Opened Days/Hours of Operation Name of Facjk,Office Manager Services to be Performed at this Facility; Acute injury medical treattment for jobrelated.inj1h-jes/occapational diseases Yes Lj No I-Aeference:Attachment D,Subpart A of this RFPI Non-Injury Occupational Health Caic Services: ubpar-t 11.J1 -TTO—LI 't - —a= Brea; Alcohol Tests[Raf.Affachment D,8 B.2] Yes U No urinary Drug Screens -Vas—0 No Physical Examinations/Assessments[Ref,Attachment A Subpart B.3] No Yes Laboratory 71 esting[Ref.Attachment D,Sub art BA] --�R7-[] L[rm-tm ions UL -Attachment D,S art 77es cl— 0 nations/vaccinations ef. Yes No Li Health Care Practitioners at this Facifty; Please complete the following Information for each Texas Licensed Health Care Practitioner serving this facility that is anticipated to provide services to the CITY as outlined in this RFP. 4 Years Rag-ficipgg Texas License F,Years Health care Prartitioner Name Mgdicai N120claitY —practicing? at tats aciii v R UP No. 14-0225,Medical Provider of Occupational Health Care Services,Page 42 of 52 Concentra has fourteen(14)addifional clinics in the DFW metroplex;The Fort Worth locations will serve as the primary locations PART D.MEW—AL DER FACILITIES TO armna, cay I(continued) FACHLITY 4 Facility Name Facility Address cis State Zip Code y Fax T el-whone Date Facility Founded Ppened DaysrHours of Operation rNam-e of Facility Off 1C.-Manager Services to be Performed at this-r,—acifitv- Acute injury medical treatment forjob-related injuries/occupational diseases Yes El JP -1 ,eforence:Attacbm ent D,Sub A of this RFPI Non.Injiuy Occgafional Health Care Services: Breath Alcohol Tests[Ref:Attacb-ment D,Sub art B.I] -rqo El Urinary Drug Screens(102S)[Lef-Attachment D,Sub[)art B.2] Yes To—E-1 Physical Examinations/Assessments[lief;Attachment D,Subpart B.31 Yes El 10 Laborato-a Testing[Ref.Attachment D,Subpart BA] Yes El 10�171 Immunizations I Vaccinations s[Ref.Attachment D,Sub art B.51 Yes El NO U Other Procedures/Services ?'es[Ell -To El Health Care Practitioners at this FaeRity. Please complete the ing inibrmation for each Texas Licensed Health Care Practitioner serving this facility that is wdci atedto rovidese es to the CIl-V--as outlined in this RFP. Healrlr Care Practitioner Name Medical Ssreciafl y Texas License 4' 4 Years 4 Years Practicin i�s�Fgcffl Practicing? A j t PUP No. 1400225,Medical Provider of occupational Health Care Services,Page 439 V-L 52 ConcentFa has fourteen(14)additional clinics in the DFW metroplex;The Fort Worth locations will serve as the primary locations PART D,i V (conflnaed) _vIEDICALBROVIDERFACHITTES TO SERVICE CIT FACILITY 5 Facility I-Tame Facility-Address cft -state Zip Co�de �� y Tile hone Fax Date Facility Pounded/O-pened Days/Hours of Operation - Name of Facility Office Manager - I e Performed atoklUffilyj .Seirvicesto be Per Acute injury medical treatment for job-Talated injuries/occupational diseases Yes U --No U LRefere-nce:.-Affachment A§!!b Tart A of this REPI Non-Injury 00011PW01121 Health Care Services: Breath Alcohol Tests[Ref.Attachment A Subpart B.11 Yes Urinary Drug Scre s(LJDS)[1,�ef-Attachment D,S!Lb_oartB.2] Yes -N- O Physical Examinations I Assessments[ref Attach rent A Sifopart B.31, Ye No -- E] Laboratory Testing LRef*Attachment D,Sub art DAI Yes 0 No immunizations/Vaccinations[Ref.Attachment D,Subpart E.5] Yes El No Other Procedures Services[Ref Attachment D,Subpart B.6] I Yes Li I to L-J I Health Care Practitioners at this La_cIfity: are P ractitio Please complete the following informan -nor sw ving this fac on for each Texas Licensed Health C ffilty that isanflci pitcdtopr vide ervices to the CITY as outlined in tbi-S-RFP. 9A Texas License. A�fears Heaftli Care Practitioner Medical 512ccid aye Practicing? Pfactichng at this Facilijy TO THE BEST OF MY KNOWLEDGE',TIEIE ABOVE INYOR-W411ON IS TRUE AND CORRECT. Signature.of Autdiorizzed e Romsentativ D. iv Arlene G.King Authorized Representative Ty-Name of-Authorized Representative, Occupational Health Centers of the Southwest,PA, dba Concentra Medical Centers Name of Medical Provider I Proposer 1 P n d On RFF No. 14-0225,Medical Provider of Occupational Health Care Services,Page 441 of 52 Corporations Section E 0 John Steen P.O.Box 13697 CIA Secretary of State Austin,Texas 78711-3697 C6 Office of the Secretary of State Certificate of Fact The undersigned, as Secretary of State of Texas, does hereby certify that the document, Articles Of Association for OCCUPATIONAL HEALTH CENTERS OF THE SOUTHWEST, P.A. (file number 80997203), a Professional Association, was filed in this office on January 25, 1985. It is further certified that the entity status in Texas is in existence. In testimony whereof, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on January 23, 2013. C6 John Steen Secretary of State Conte visit us on the internet athttp::/Www,sos.state.tx.us., Phone: (512)463-5555 Fax-(512)4635709 Dial:7-1-1 for Relay Services � City of For Worth,1 X PFP No.14-0225 Cjtr Medical Provider of Occupational Health Care Services Attachment B September 11,2014 _ _— -- - ttachments PROFESSIONAL SERVICES AGREEMENT I. AGREEMENT BETWEEN PARTIES This PROFESSIONAL SERVICES AGREEMENT("Agreement')is made and entered into by and between the CrFY OF FORT WORT�t1(the"City"),a home rule municipal corporation of the State of Texas,acting by and through Susan Alanis,its duly authorized Assistant City Manager,and Occupational Health Centers of the Southwest P.A.yd/b/a Concentra Medical Centers ("Provider", l Titlej. --FFarmatlted.Body Text,Justified,Space pt,L ne spacing: Multiple 0.99 li,:Not at 1.68"+ 3.65" 2, GENERAL 2.1 Provider hereby agrees to provide the City, in accordance with medically necessary or appropriate professional standards,a full range of occupational health care services,as outlined in Exhibit "A",including any attachments thereto,all of which are hereby made part of this Agreement for all purposes. Exhibit"A"constitutes, at least in part,a proposal presented by Provider to the City prior to the Effective Date of this Agreement, as hereafter defined. Therefore, in the event there is any conflict between the provisions and conditions of the proposal and the provisions and conditions set forth in the body of this Agreement,the provisions and conditions set forth in the body oftftethis Agreement shall control. 2.2 City and Provider both recognize and acknowledge the professional nature of this Agreement. Being cognizant that issues of interpretation and performance will inevitably arise,both parties agree to consult with each other and covenant to negotiate in the utmost good faith in order to ensure performance of this Agreement without hindrance. 23 Services under this Agreement will be provided at Provider current facilities, at a subcontractor's facilities(if the subcontractor and the facilities are approved in writing by the City prior to such services being provided),and at such City facilities and other locations as may be mutually agreed to in writing by Provider and City. 2A To the extent that the services to be performed under this Agreement constitute services compensable or defined under the Texas Labor Code, as currently in effect or hereafter amended, or constitute services performed by persons other than Provider and covered by the"Police and Fire Physical Assessment Contracts"(hereafter defined),both parties recognize the non-exclusive nature of this Agreement. The"Police and Fire Physical Assessment Contracts"are defined as(a)those certain contracts entered into by the City for the performance of(i)post-offer physicals for persons offered jobs by the City's Police and Fire Departments;(ii)routine physical fitness assessments for persons employed by the CrTY's Police and Fire Departments;and(iii)such other matters as are contained in such contracts,and(b)any renewals thereof. 2.5 Provider agrees to provide and maintain a panel of specialized medical professionals/physicians for referral as necessary in the appropriate treatment of the City's employees who are injured in the course and scope of their employment.The panel will be composed of medical professionals/physicians,including but not limited to Neurologists, Orthopedists, Neurosurgeons, and Plastic Surgeons. Provider also agrees to maintain the panel during the initial term of this Agreement,as well as any of the option terms.Provider agrees to monitor performance of and replace,if necessary,any or all of panel members as warranted. Fnr.ma'tbed,Font:10.5 pt,Bold,Underline, 3. AGREEMEN I II RPJ -----------------------------—---------------- Underline color:Auto,(Ind)+Body(Calibri), Character scale:100% 3.1 The initial term of this Agreement shall commence on January 1,2015("Effective Date")and Fasaraa€ d:Font:10.5 pt Bold,Underline, shall expire on December 31, 2017, unless terminated earlier in accordance with the provisions of this (Ind)+Body(Calibri) Agreement. �it3 The parties may 4' mo � t m ' ly agee to renew this Agreement for two additional one-year terms. If Qty-the parties desires to exercise an option to renew, C-it)the party requesting the renewal shall notiij IeF the other party in writing of its intention to renew at least sixty(60)days prior to the end of the then- cur-tint term.Compensation to be paid during any option term shall be the same as-that Termmutually am-Led upon between the parties Any chanties to the terms and conditions or extensions of this Agreement shall be effective only when reduced to an amendment which references this Agreement executed by a duly authorized representative of each party. 4 -- F®ruam3ted- No bullets or numbering 4 ®ICING AND COIMPENSATTOM - _- Fan-named:Font:10.5 pt,Bold,Underline, ------------------------------------ Underline color:Auto,(Intl)+Body(Calibri) 4.1 The Parties agree the Schedule for Compensation as shown in the attached Exhibit "B" is Farmatted.Font:10.5 pt,Bold,Underline, acceptable as the compensation to be paid to Provider for specified services provided to the City during the (Ini)+Body(Calibri) initial contract period and the subsequent option periods,if exercised by the City.The parties acknowledge that additional services provided by Provider to the City may become desirable and agree to conduct negotiations on such additional services in good faith to arrive at mutually agreeable terms for such additional services with respect to performance and compensation. Any additional services will be reflected by a separate ag'eement or by a written amendment to this Agreement signed by the parties. 4.2 Billing of all medical services related to a compensable on the job injury will be submitted directly to the City's third party workers'compensation claims administrator in accordance with the Texas Labor Code and related administrative rules. 4.3 For occupational health care services other than medical treatment of compensable on the job injuries,Provider shall issue monthly invoices to the City and will provide the City sufficient documentation to reasonably substantiate the invoices.The invoice shall be broken down by City department and shall list the name,City employee identification number, dates of service,and service provided.The invoice shall be provided to the City on or before the 10th day of the month following the end of the month in which services were provided. City shall pay such invoices in accordance with City Financial Management Services ' procedures and requirements.Invoices are due and payable within thirty(301 days from the date the invoices are received by the City. 4.4 In the event of a disputed or contested billing,only the portion so contested will be withheld from payment,and the undisputed portion will be paid.The City will exercise reasonableness in contesting any bill or portion thereof.No interest will accrue on any contested portion of the billing•,provided,however, that City shall make payment in full to Provider within si (601 days of the date the contested matter is resolved. 5. RECORDS Ate UCOPDS MANAGEPMr T _______________Y-- Erman-ed°Font: pt,Bold,Underline, ------------------ Underline color:Auto,(Intl)+Body(Calibri) 5.1 Provider will adhere to and follow the governing guidelines as they pertain to the protection and (Ind)+Buda Font:10.5 pt,Bold,Underline, (?n l)+Body(Calibri) use of collected data(personal/medical information). City may,to the extent permissible under applicable law,obtain copies of such records solely for its internal purposes and agrees to reimburse Provider for the cost of such copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.2 Upon termination or expiration of this Agreement,Provider agrees to return to the City,or its designated agent,all medical records delivered to Provider on or about the Effective Date(the"Pre-existing Medical Records").Upon receipt of authorization from the affected City employees or their representatives for Provider to view and use the"Pre-Existing Medical Records" (which authorization may be given at any time so long as it is in accordance with applicable law concerning confidentiality of medical records), Provider may keep copies thereof at its sole copying expense,or may subsequently request copies thereof from the City and shall reimburse the City at the rate published the Texas Administrative Code in effect as of the time copying is performed. It is recognized that additional medical records created by Provider in the performance of this Agreement, regardless of form or medium or storage("New Medical Records") shall be and remain the property of Provider and shall not be moved or transferred from Provider except in accordance with applicable law and Provider policies as set forth in this Agreement or as otherwise approved in advance and in writing by the City.Before requesting New Medical Records from Provider,City shall obtain from City's employee(or that person's legal representative) authorization to release copies of medical records in accordance with applicable state and federal law concerning the confidentiality of medical records;provided,however,that Provider agrees to use all reasonable efforts to obtain the written consent of each patient seen by Provider under this Agreement authorizing Provider to release copies of such"New Medical Records"to the City upon its request therefor.Upon expiration or termination of this Agreement,Provider shall retain the originals of all "New Medical Records"in its possession,and City shall,to the extent permissible by applicable law,have the right to receive copies.City agrees to reimburse Provider for the cost of such copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.3 Provider agrees that no medical records covered by the terms of this Agreement will be altered or destroyed unless(i)the City has provided express written authorization and(ii)destruction of such records is otherwise permitted under applicable law.City recognizes that medical records will,from time to time,cease to have administrative,financial,and/or legal value to either City or Provider and City and Provider agree to utilize appropriate records retention and destruction schedules for the purpose of lawful and efficient records management. 5.4 Provider will exercise appropriate care to preserve necessary and useful medical records generated during the term of this Agreement.Provider will timely notify and solicit City's input concerning any change or modification to any system or process change involving the management,use,storage,and retention of medical records generated during the term of this Agreement to allow the City to ascertain if any issues or consequences, legal, financial, or practical, are reasonably foreseeable because of the facility or systems modifications. City and Provider agree to negotiate in good faith to address any such issues and consequences in a manner equitable to both parties and consistent with the purposes of this Agreement. 5.5 All reports and records provided to Provider by the City shall remain the sole property of the City. Provider shall store and maintain such reports and records separately from any other documents and in a manner and location that is easily accessible to City staff members.The City,to the extent permissible under applicable law,shall have access to such reports and records during Provider normal working hours and will provide Provider with reasonable advance notice of a need for access. Provider shall treat as strictly confidential all reports and records provided by the City and shall not release any such reports or records,or any portion of their contents,to thud parties without the City's advance written consent.Provider shall not copy or reproduce any such records or reports,unless(i)the City has provided advance written consent and (ii)such reproduction is otherwise permitted under applicable law.The City will provide a list of terminated employees annually to Provider.Provider will separate records relating to terminated employees from other records.The City may,to the extent permissible under applicable law,retrieve original copies of all reports and records relating to terminated employees from Provider upon written notice from the City at its sole expense and at any time. 6. MINORITY BUSINESS ENTERPRISE ERPRISE(MOO)PARTICIPATION 6.1 In accord with the City Code of Ordinances,the City has goals for the participation of minority and woman business enterprises in City Agreements.Provider acknowledges the MBE goal established for this Agreement,as set forth below, and its commitment to meet that goal. Any misrepresentation of facts (other than negligent misrepresentation) and/or the commission of fraud by Provider may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three(3)years. 6.2 The established goal for this Agreement is 10 percent (10%) of the value of non-injury occupational health services portion of the Agreement. Provider agrees to furnish, on a quarterly basis, documentation of MBTE participation as may be reasonably requested by the City.The first quarterly report for the City's second Fiscal Quarter(months of January,February,and March 2015)shalt be submitted on or before April 30,2015, and each subsequent quarterly report shall be submitted at the end of the month immediately following the end of the City's Fiscal Quarter. 7. HE,EALTH INSITRANCE PORTABILITY AND ACCOUNTABILTPY ACT (11HAAD 7.1 Compliance. In the conduct of performing their obligations under this Agreement,the parties shall comply in all material aspects with all applicable federal,state and local laws and regulations,including, without limitation, the Health Insurance Portability and Accountability Act of 1996 and any associated administrative regulations(collectively,"HIPAA").Each Party agrees to abide by the policies and procedures applicable to the relationship created hereunder for the privacy and security of Protected Health Information; as such term is defined in HIPAA.Provider agrees not to use or further disclose Protected Health Information other than as permitted or required by this Agreement or as required by law. Provider will assume the responsibility as a business associate in accordance with HIPAA on behalf of the City as it relates to non- occupational injury care services.In addition,Provider shall: 7.1.1 Use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement. 7.1.2 Mitigate,to the extent practicable,any harmful effect that is known to Provider of the use or disclosure of Protected Health Information by Provider in violation of the requirements of this Agreement. 7.1.3 Report to the City any use or disclosure of the Protected Health Information not provided for by this Agreement. 7.1.4 Ensure that any agent, including a subcontractor, to whom Provider provides Protected Health Information received from,or created or received by Provider on behalf of the City, agrees to the same restrictions and conditions that apply through this Agreement to Provider with respect to such information. 7.1.5 Make internal practices,books,and records,including policies and procedures and Protected Health Information received from,or created or received by Provider on behalf of the City available to the Secretary of the Department of Health and Human Services or his or her designee("Secretary"),in a time and manner designated by the Secretary to determine Provider compliance with HIPAA. 7.1.6 Provide access,at the request of the City,and in the time and manner designated by the City,to Protected Health Information in a Designated Record Set,to the City or,as directed by the City,to an individual in order to meet the requirements under 45 CFR 164.524. 7.1.7 Make any amendment(s)to Protected Health Information in a Designated Record Set that the City directs or agrees to pursuant to 45 CFR 164.526 at the request of the City or an individual,and in the time and manner designated by the City. 7.1.8 Document such disclosures of Protected Health Information and information related to such disclosures as would be required for the.City to respond to a request by an individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. 7.1.9 Provide to the City or an individual,in time and manner designated by the City, information collected in accordance with Section 4 of this Agreement,to permit the City to respond to a request by an individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. 7.1.10 Use Protected Health Information to report violations of law to appropriate federal and state authorities consistent with HIPAA. 7.2 Permitted Uses and Disclosures by Provider Except as otherwise limited in this Agreement,Provider may use or disclose Protected Health Information on behalf of,or to provide services to,the City for the proper management and administration by Provider or to carry out the legal responsibilities of Provider. 7.3 Obligations of the City The City shall inform Provider of Privacy Practices and Restrictions by: 7.3.1 Providing Provider with the notice of privacy practices that the City produces for Occupational Health and Safety. 7.3.2 Providing Provider with any changes in,or revocation of,permission by individual to use or disclose Protected Health Information,if such changes affect Provider permitted or required uses and disclosures. 7.3.3 Providing notification to Provider of any restriction to the use or disclosure of Protected Health information that the City has agreed to in accordance with 45 CFR 164.522. 7.4 Termination for material breach of HIPAA by Provider_Upon the City's knowledge of a material breach by Provider the City shall either: 7.4.1 Provide an opportunity for Provider to cure the breach or end the violation and terminate the Agreement if Provider does not cure the breach or end the violation,within the time specified by the City; 7.4.2 Immediately terminate this Agreement if Provider has breached a material term of the HIPAA requirements of this Agreement and a cure is not possible;or 7.4.3 If neither termination nor cure is feasible,the City shall report the violation to the Secretary. 7.5 Effect of Termination 7.5.1 Except as provided in Section 4, upon termination of this Agreement, for any reason, Provider shall return or destroy all Protected Health information received from the City,or created or received by Provider on behalf of the City.This Provision shall also apply to Protected Health information that is in the possession of subcontractors or agents of Provider.Provider shall retain no copies of the Protected Health information as described in this paragraph. 7.5.2 In the event that Provider determines that returning or destroying the Protected Health information is infeasible,Provider shall provide to the City notification of the conditions that make return or destruction infeasible. Upon the City's determination that return or destruction of the Protected Health information is infeasible,Provider shall extend the protections of this Agreement to such Protected Health information and limit finther uses and disclosures of such Protected Health information to those purposes that make the return or destruction infeasible,for so long as Provider maintains such Protected Health information. T6 Miscellaneous 7.6.1 The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for the City to comply with requirements of HIPAA. 7.6.2 The respective rights and obligations of Provider under the section 6.5 of this Agreement shall survive the termination of this Agreement. 7.6.3 Any ambiguity in this Agreement shall be resolved to permit Provider to comply with the Privacy Rule of HIPAA. 0. TERMNATION 00.1 Written Notice The City or Provider may terminate this A_g eement at any time,with orrwithout cause,by providing the other party with si. 60)days'written notice of ter nination.Upon the receipt of any such notice,Provider shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies,assistance,facilities and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. o 2 Non-appropriation of Funds In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder,City will notify Provider of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever,except as to the portions of the payments herein weed upon for which funds shall have been appropriated. 03 Duties and Obligations ofthe Parties following Termination In the event that this Agreement is terminated prior to the expiration of the then current term,Provider shall, to the extent permissible by applicable law, provide the City with copies of all completed or partially completed documents prepared under this Agreement.City agrees to reimburse Provider for the cost of such copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City shall pay Provider for services actually rendered up to the effective date of termination and Provider shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. If Provider treatment of a City employee is commenced before the effective date of termination of this Agreement and continues beyond that date,City shall continue to pay Provider for medically appropriate services necessary to complete such treatment in accordance with the Texas Labor Code and Administrative Rules until such care is completed.The City also shall pay Provider for services actually performed in accordance herewith prior to such termination,less such payments as have been previously made, in accordance with a final statement submitted by Provider documenting the performance of such work. 9. DISCLOSURE Or,CONFLICTS AND CONFIDEtNTIAL!NFORP�tti A71ION Provider hereby warrants to the City that Provider has made full disclosure in writing of any existing or potential conflicts of interest related to services to be peiorned under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this Agreement,Provider hereby agrees immediately to make full disclosure to the City in writing.Provider,for itself and its officers,agents and employees,further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Provider shall store and maintain City information in a secure manner and shall not allow unauthorized users to access, modify, delete,or otherwise corrupt City information in any way.Provider shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. I®. RIGHT TO AUDIT J 10.1 Provider agrees that the City shall,until the expiration of five(5)years after final payment under this Agreement,have access to and the right to examine,to the extent permissible by applicable law,at reasonable times any directly pertinent books, documents, papers and records (excluding confidential proprietary business data)of Provider involving transactions relating to this Agreement at no additional cost to the City to access Provider s space to conduct such audit.Provider zgrees that the City shall have access during normal working hours to all necessary Provider facilities znd shall be provided adequate and appropriate work space in order to conduct audits incompliance with the provisions of this section.The City shall give Provider reasonable advance notice of intended audits. Provider agrees to photocopy such documents as may be requested by the City.City agrees to reimburse Provider for the cost of copies at the rate published in the TT exas Adminis rative Code in effect as of the time copying is performed. 10.2 Provider further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall,until expiration of five(5)years after final payment of the subcontract,have access to and the right to examine at reasonable times any directly pertinent books, documents,papers and records of such subcontractor involving transactions related to the subcontract,and further that City shall have access dining normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits.Subcontractor shall be required to photocopy such documents as may be requested by the City. City agrees to reimburse subcontractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 11. INDEPENDENT CONTRACT®Ib It is expressly understood and agreed that Provider shall operate hereunder as an independent contractor as to all rights and privileges granted herein,and not as agent,representative or employee of the City.Subject to and in accordance with the conditions and provisions of this Agreement,Provider shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers,agents,servants,employees,contractors and subcontractors.Provider acknowledges that the doctrine of respondent superior shall not apply as between the City, its officers, agents, servants and employees,and Provider its officers, agents,employees, servants, contractors and subcontractors.Nothing herein shall be construed as the creation of a partnership or joint enterprise betvveen City and Provider. 12. LIABILIT4 AND IMNDEA,UNIF'ICA'I'I®N 12.1 PROVIDER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS,PROPERTY DAMAGE AND/OR PERSONAL INJURY(INCLUDING DEATH)10 ANY AFB PERSONS, n r R4D OR n n n n C;TER �x crcT crco o> n r no n ce n rc�TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), a,r n r ri-n e n�rnc no INTENTIONAL MISCONDUCT OF PROVI7ER 11S OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES WHILE PERFORMING THE SERVICES UNDER THIS AGREEMENT. d -- �rsraa �r3s Justified,indent:Left: 0",First 12.2 PROVIDER COVENANTS AND AGREES TO, AND DOES HEREBY,INDEMNIFY,HOLD line: o",Right: 0.63" HIARMULESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAllmS OR LAWSUITS FOR EITFIER PROPERTY DAMAGE OR LOSS T) PAW9F OR nccrn TTAr(' r s; vnn��l AND/OR PERSONAL R (INCLU DING nren ec n rm n ry nn n AW n.m no r *n n n nTcn rrrrsc n REAL DEATH) TO ANY�m A66 PERSOI TS, nn IIARISMZNG OUT OF OR ITN CONNECTION WITH TFIE SERVICES PERFORMED UNDER THIS AGREEMENT,TO TIM EXTENT CAUSED BY T TIE SOLE NEGLIGENT ACTS OR OMISSIONS 9^ nTn"r ncn r r OF PROVIDER tS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES; PROVIDED. HOWEVER THAT IN NO EVENT SHALL PROVIDER BE LIABLE FOR CLAIMS OR LEGAL ACTIONS THAT ARE THE RESULT OF CITY'S NEGLIGENT OR WILLFUL MISCONDUCT. FURTHERMORE PROVIDER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL,INCIDENTAL, PUNITIVE, INDIRECT SPECIAL OR ANY OTHER FORM OF EXEMPLARY DAMAGES REGARDLESS OF WHETHER THE LEGAL THEORY FOR ANY SUCH DAMAGES IS BASED IN CONTRACT.TORT OR OTHER LEGAL THEORY. 13, ASSIGNMENT AND SUBCOPlTRACITITC Provider shall not assign or subcontract any of its duties,obligations or rights under this Agreement without the express prior written consent of the City.If the City grants consent to an assignment,the assignee shall execute a written agreement with the City and'Provider under which the assignee agrees to be bound by the duties and obligations of Provider under this Agreement.Provider and Assignee shall be jointly liable for all Obligations under this Agreement prior to the date of assignment.If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with Provider referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of Provider under this Agreement as such duties and obligations may apply.Provider shall provide the City with a fully executed copy of any such subcontract. 14. INSURANCE 14.1 Prior to commencement of any work pursuant to this Agreement,Provider shall provide the City's Occupational Health and Safety Division and Risk Management Division with certificate( s) of insurance documenting policies of the following minimum coverage limits that are to be in effect. 14.2 The City reserves the right to review the insurance requirements of this section during the effective period of the Agreement and any extension or renewal hereof,and to modify insurance coverage and limits when deemed necessary and prudent by the City's Risk Manager based upon changes in statutory Iaw, court decisions, or circumstances surrounding this Agreement, but in no instance will the City allow modification whereupon the City may incur increased risk. 14.3 Provider's financial integrity is of interest to the City;therefore,subject to Provider's right to maintain reasonable deductibles,Provider shall obtain and maintain in full force and effect for the duration of the Agreement, and any extension hereof, at Provider's sole expense, insurance coverage written on an occurrence basis,except Technology and Professional Liability, which may be written on a claims-made basis. All insurance required under this Agreement must be written by a company that is authorized and admitted to do business in the State of Texas and that is rated A-VII or better by A.M.Best Company or similar rating acceptable to the City or through the use of a wholly owned insurance subsidiary ("captive') as an altemative risk financing program Vendor shall provide fully audited financial f statements for the captive at the request of the City..Coverage shall be wntten in the following types and amounts: 14.3.1 Workers'Compensation-Statutory Employers'L iability-$500,0001$500,0001$500,000 14.3.2 Commercial.General(Public)"Liability Insurance to include the following types of coverage: Premises/Operations, Independent contractors, Products/Completed Operations, Personal Injury,and Contractual Liability. (Combined Single Limit for Bodily injury and Property Damage$1,000,000 per Occurrence and$2,000,000 Aggregate) 14.3.3 Automobile Liability for Owned/Leased vehicles,Non-Owned vehicles,and Hired Vehicles (Combined Single Limit for Bodily Injury and Property Damage$1,000,000 per accident) 143.4 Commercial Umbrella-$1,000,000 per occurrence$1,000,000 Aggregate 143.5 Technology Liability-$1,000,000 per Claim,$1,000,000 Aggregate 14.3.6 Medical Professional Liability-$1,000,000 per medical incident and $3,000,000 Aggregate 14.4 For coverage underwritten on a claims-made basis,the retroactive date shall be coincident with or prior to the Effective Date of the Agreement and the certificate of insurance shall state the coverage is claims- made and indicate the retroactive date. 14.5 All required insurance shall be maintained for the duration of the Agreement and for five(5)years following completion of the service provided under the Agreement. Am annual certificate of insurance submitted to the City shall evidence such insurance coverage. 14.6 Provider additionally warrants that any physician providing health care to City employees shall have Medical Malpractice coverage with minimum limits of$200,000 per medical incident,with a$600,000 14.7 CITY shall be entitled,upon request and without expense,to receive copies of the policies and all endorsements thereto as they apply to the limits required by the City,and may make a reasonable request for deletion,revision,or modification of particular policy terms, conditions,limitations or exclusions(except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies).Upon such request by the City,Provider shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. 14.8 Provider agrees that with respect to the above-required insurance, all insurance contracts and Certificate(s)of k-isurance will contain the following required provisions: 14.8.1 With the exception of Workers' Compensation and Professional Liability policies,name the City and its officers,employees,officials,agents,and volunteers as additional insureds in respect to operations and activities of,or on behalf of,the named insured performed under the Agreement with the City. 14.8.2 An endorsement stating that Provider's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insured retention carried by the City for liability arising out of operations under the Agreement with the City. 14.8.3 Provider's Workers'Compensation and Employers' Liability policy will provide a waiver of subrogation in favor of the City. 14.9 Provider shall notify the City in the event of any notice of cancellation non-renewal or material change in coverage and shall give such notices not less than thirty(30)days prior,or per policy terms and conditions to the change,or ten(10)days'notice for cancellation due to nonpayment of premiums,which notice must be accompanied by a replacement Certificate of insurance.All notices shall be given to the City at the following address: City of Fort Worth Attn:Ron Josselet,Human Resources Manager Occupational Health&Safety I Workers'Compensation Division 1000 Throckmorton Street Fort Worth,Texas 76102 A copy must also be sent to the City's Risk Manager at the same address. 14.10 If Provider fails to maintain the aforementioned insurance,or fails to secure and maintain the aforementioned endorsements,the City may obtain such insurance,and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;however,procuring of said insurance by the City is an alternative to other remedies the City may have,and is not the exclusive remedy for failure of Provider to maintain said insurance or secure such endorsement.In addition to any other remedies the City, may have upon Provider's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Provider to stop work hereunder,and/or the right to withhold any payment(s)that become due to Provider hereunder until Provider demonstrates compliance with the requirements hereof. 14.11 Nothing herein contained shall be construed as limiting in any way the extent to which Provider may be held responsible for payments of damages to persons or property resulting from Provider's or its subcontractors'performance of the work covered under this Agreement. $5e COMPUIANCE WITH LAWS ORDINANCES,RULES AND REGULATIONS In fulfilling its obligations under this Agreement,Provider agrees to comply with all applicable federal,state and local laws,ordinances,rules and regulations.If the City notifies Provider of any violation of such laws, ordinances,rules or regulations,Provider shall immediately desist from and correct the violation. Provider,for itself,its personal representatives,assigns,subcontractors and successors in interest,as part of the consideration herein,agrees that in the perionmance Provider's duties and obligations hereunder,it b all not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by la-w. If any claim arises from an alleged violation of this non-discrimination covenant by Provider its personal representatives,assio ecs,subcontractors or successors m interest,Provider agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 17. NOTICES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when(i)hand-delivered to the other party,its agents,employees,servants or representatives; ii delivered by facsimile with electronic confumaafion of the transmission;or(iii)received by the other party by United States Mail,registered,return receipt requested,addressed as follows: 0.63",Space Before: 0 pt Fasrsaa4ted:Right: 0.63" To CITY: -_ City of Fort Worth Attn:Ron 7osselet �naaaY =Right: 0.63",Space Before: 0 pt 1000 Tbrockmorton a -- fosma :Right: 0.63" Fort Worth TX 76102-6311 Facsimile:(017)392-7766 E-mail:Ron.JosseIet @fortworthtexas..gov To PROVIDER Occupational Health Centers of the Southwest.P.A.d/b/a Concentra Medical Centers 5080 Spectrum Drive Suite 1200W Addison-Texas 75001 Attn: Legal-Contracting tg. SOLICIIAEION OF EMPLOYEES Neither the City nor Provider shall,during the term of this Agreement and additionally for a period of one year after its termination,solicit for employment or employ,whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement,without the prior written consent of the person's employer. 19. GOVERNMENTAL POWERS It is understood and agreed that by execution of this Agreement,the City does not waive or surrender any of its governmental powers. 20. NO WAAFVE The failure of the City or Provider to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Providers respective right to insist upon appropriate performance or to assert any such right on any future occasion. 21. GO e E NG LA W/VENUE This Agreement shall be construed in accordance with the internal laws of the State of Texas.Ifany action, whether real or asserted,at law or in equity,is brought on the basis of this Agreement,venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 22. SEVERABILIT If any provision of this Agreement is held to be invalid,illegal or unenforceable,the validity,legality and enforceability of the remaining provisions shall not in any way be affected or impaired. The City and Providers Agreement.If either party is unable,either in whole or part,to fulfill its obligations under this Agreement due to acts of God;strikes,lockouts,or other industrial disturbances;acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires;floods; restraints or prohibitions by any court,board,department,commission,or agency of the United States or of any state,declaration of a state of disaster or of emergency by the federal,state,county,or City government in accordance with applicable law, issuance of a Level Orange or Level Red Alert by the United States Department of Homeland Security;any arrests or restraints; civil disturbances; explosions; or some other reason beyond the parry's reasonable control(collectively,"Force Majeure Event"),the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. 24. HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 25. REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 26. AMENDMENTS I MODIFICATIONS I EXTENSIONS No extension,modification,or amendment of this Agreement shall be binding upon a party hereto unless such extension,modification,or amendment is set forth in a written instrument that is executed by both parties. 27. ASSIGNMENT-DELEGATION No right, interest or obligation of Provider under this contract shall be assigned or delegated without the written agreement of the City.Any attempted assignment or delegation of Provider shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 28. ENTIRETY OF AGREEMENT This instrument(including any exhibits and attachments hereto and any documents incorporated herein by reference)contains the entire understanding and agreement between the City and Provider,their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement purporting to vary from the terms of this document is hereby declared null and void. 29. SIGNATURE AUTHORITY Each person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of his/her respective party,and further warrants that such binding authority has been granted by proper order,resolution,ordinance,or other authorization of the entity.The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. [SIGNATURE PAGE FOLLOWS] IN WPTNESS WHEREOF,the parties hereto have executed this Agreement in multiples on this the day of 2014. CITY OF FORT WORTH OCCUPATIONAL HEALTH CENTERS OF THE SOUTHWEST,P.A.DB/A CONCENTRA MEDICAL CENTERS Assistant City Manager W.Tom Fogarty,M.D.,President D Date: ate: APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ATTEST: Mary Kayser City Secretary CONTRACT AUTHORIZATION: M&C: M&C Review Page 3 of 3 term, beginning January 1, 2015 and each Agreement will allow for up to two, one-year renewals. Execution of the renewal Agreements will not require additional City Council authority, provided that funds have been appropriated to pay the City's obligations during the renewal terms. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Workers' Compensation Insurance Fund. TO Fund/AccountlCenters FROM FundfAccount/Centers FE73 539120 0147310 $316.106.17 Submitted for Clty Manager's Office by: Susan Alanis (8180) Originating Department Head: Brian Dickerson (7783) Additional Information Contact: Margaret Wise (8058) ATTACHMENTS i http://aoos.efwnet.ora/council nacketJmc re.view.acn?1T)=?04ddRrrrnmrilriatP=i n/9 2/7M d 11/1 4/7f11 A