HomeMy Public PortalAbout006-2020 - Authorizing a Third Party Administrator Contract in Connection with Rose View Medical Qualification Policy r , t
•
BOARD OF PUBLIC WORKS AND SAFETY
RESOLUTION NO. 6-2020
A RESOLUTION ADOPTING A THIRD PARTY ADMINISTRATOR CONTRACT
IN CONNECTION WITH THE MEDICAL QUALIFICATION POLICY FOR ROSE
VIEW TRANSIT DEPARTMENT
WHEREAS, On August 11, 2011, the City of Richmond, Indiana, by and through its Board
of Public Works and Safety, passed a Resolution (Resolution No. 5-2011) to
approve a Medical Qualification Policy and related supplemental policies for
prescription (Rx) and over-the-counter (OTC) medications (Medical
Qualification Policy) for the Richmond Rose View Transit Department (RVT)
as required by the Federal Transit Administration(FTA); and
WHEREAS, Subsequent to passage of the policy, Resolution No. 6-2016 approved a related
Services Contract with IU Health Occupational Services as the designated
Medical Determination Officer (MDO) for said Medical Qualification Policy,
which Contract was referenced as Contract No. 53-2016; and
WHEREAS, A new Services Contract with Indiana University Health.Bloomington, Inc.
(IU Health), titled as the "Third Party Administrator Contract" that is
designated as Contract No. 72-2020, and is attached hereto as Exhibit A,
outlines the services and responsibilities of IU Health to provide medical
examinations and other related services to the RVT to support the Medical
Qualification Policy previously adopted by the City; and
WHEREAS, It is in the best interest of the City of Richmond that the new Services Contract
with IU Health be approved to replace the prior MDO contract with the prior
vendor and that the Manager of Rose.View Transit be authorized to sign the
new Third Party Administrator Contract with IU Health in order that the City
will be in compliance with FTA requirements pursuant to the Medical
Qualification Policy.
NOW THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the
City of Richmond, Indiana, that said Board hereby approves the new Third Party
Administrator Contract with IU Health (Contract No. 72-2020) and authorizes the Manager
of Rose View Transit to sign said Contract in order that the City will be in compliance with
Page 1 of 2
4 -
FTA requirements pursuant to the Medical Qualification Policy which Contract No. 72-2020
is attached hereto as Exhibit A.
Passed and adopted this O day of Joe- , 2020, by the Board of Public
Works and Safety of the City of Richmond, Indiana.
BOARD OF PUBLIC
WORKS AND SAFETY
WA. 7/44.604
Vicki Robinson,President
9
Approved: Emily Palmer, Member
now, 6 ZG 2.,020 Matt Evans,Member
•
Page 2 of 2
Medical Qualification
Third Party Administrator Contract
This agreement ("Agreement"), is made between Rose View Transit & Paratransit System,
located at 401 South Q Street (hereinafter referred to as System) and, Indiana University Health
Bloomington, Inc., located at 3443 West Third Street Bloomington, Indiana 47404 (hereinafter
referred to as Vendor). System and Vendor are collectively referred to as "Parties" and individually
each a"Party."
This Agreement outlines the services and responsibilities of the Vendor to provide medical
qualification services to Indiana Rural Transit Systems, including the System named above. Said
services are to support Indiana's Medical Qualification Policy and'Program, and other applicable
programs,and to ensure the safety of Indiana's safety-sensitive transit employees and the traveling
public. In addition, this Agreement acknowledges that the System has a policy for Medical
Qualification of applicants for safety-sensitive functions and/or safety-sensitive employees and
requires medical examination services from the Vendor. In consideration of the mutual covenants
and promises set forth, the parties hereby enter into this Agreement, the terms and conditions of
which shall apply during the Term of this Agreement.
The Vendor shall provide services pursuant to the United States Department of Transportation's
"Physical Qualifications for Drivers" 49 CFR part 391; the Americans with Disabilities Act("ADA");
Indiana Code 20-9.1-3-1; and the Indiana Medical Qualification Policy and Program, which also
includes the Indiana Rx/OTC Medication Policy, all of which apply to all Indiana Rural Transit
Systems. Furthermore, Vendor, unless. otherwise restricted by applicable laws, will allow
regulating agencies (Federal Transit Administration, Indiana Department of Transportation, its
authorized representatives and the System as a part of its vendor oversight) to interview
employees of the company and review files necessary to complete program audits and ensure
compliance.
In consideration of the premises and the mutual promises, covenants, and agreements contained
herein,the Parties agree as follows.
SCOPE OF SERVICES
Services shall include the following outlined items (collectively,the"Services").
A. Evaluating Job Positions
1. As required, conduct on-site job evaluations of safety-sensitive transit positions and
develop standards for each position that include physical and health demands in accordance
with ADA regulations.Review and update job standards at least biennially.
B. Conducting Physical Examinations
1. Perform physical examination services at the request of the System; provide a complete
written report including when applicable completion of the Bureau of Motor Vehicles
Contract No. 72-2020
LEXH1BrT A- PACE 1 OF $
required CDL and PPC physical forms. Physical examinations will, at a minimum, be
conducted for all safety-sensitive transit positions in the following circumstances:
a. New hires;
b. Biannual (subsequent annual, six month or three month follow-up evaluations as
identified during the biannual evaluation);
c. Return to work(as defined in the Indiana Medical Qualification Policy);
d. Following a qualifying accident (as defined in the Indiana Medical Qualification
Policy);
e. As required to comply with the Indiana Prescription and Over-the-Counter
("Rx/OTC") Medication Policy and Procedures;
f. On a case-by-case basis as requested by the individual purchasers and/or required
in accordance with other applicable Indiana policies and procedures.
2. Review each applicant for a safety-sensitive position and all safety-sensitive employees'
health histories to issue a determination about an operator's physical qualifications and
ability to operate a small urban and rural (5311) public transit vehicle pursuant to Indiana
Code 20-9.1-3-1 and applicable transit system substance abuse and Rx/OTC policies.
3. Provide recommendation for an applicant's ability to perform the essential duties of a job
based upon a review of a physical capabilities examination or assessment exercise,
conducted either by the Vendor or an independent physical therapist.
-4. Request and evaluate laboratory tests sufficient to render a medical decision regarding an
applicant's or employee's health as it relates to the position for which he or she is being
examined.
5. Following all physical examinations as specified in #1 above, render a decision as to the
applicant's ability to fully perform the essential functions of his or her assigned job duties.
DOT and non-DOT physical examinations shall at a minimum contain the following:
a. Completion of a comprehensive health and occupational history questionnaire,
including inquiries into an applicant's on-and-off-job injury history as related to the
job duties.
b. Measurement of job-related work activities such as lifting, pushing, turning, etc.,
against the load,according to proper physical and occupational therapy procedures.
c. A complete examination by either a licensed physician, nurse practitioner or
physician assistant
d. Urine sample collection according to DOT regulations, 49 CFR Part 40; dipstick
evaluation test to include a minimum of specific gravity,PH,protein,and sugar.
e. X-Rays, if deemed necessary by the physician and approved by the transit system's
Human Resources Department
f. Other tests as deemed necessary by the physician and approved by the System's
Human Resources Depaitcuent.
Note: Required medical examinations, including non-DOT drug and alcohol testing, may be
required to determine an employee's physical and/or mental fitness for duty. The results should,
therefore,include an evaluation of the issues and recommended action for the System.
C. Assessing and Determining Medical Qualification
1. Consult with an employee's treating physician to obtain additional information about an
employee's medical qualification following an extended medical absence or System
management required fitness for duty assessment
2. Consult with System management to provide the ultimate and final determining decision for
System management regarding an employee's medical qualification. This may include
overruling a prescribing medical practitioner's determination. The decision may, in some
tEXl-iiBIT Pr PAGE - °LIU
•
cases, medically disqualify the employee from performing his or her safety-sensitive
function(s).
D. Developing Policy Statements
Provide technical expertise on the United States Department of Transportation's "Physical
Qualifications for Drivers"49 CFR Part 391.41 Federal Transit Administration's regulations (49 CFR
Part 655 and 40), relevant guidelines pertaining to Rx/OTC medication use as developed by the
Federal Motor Carrier Safety Administration ("FMCSA"), and to assist System with policy
modification or updates.
F. Perform Required Recordkeeping and Reporting
1. Maintain all necessary records of Services provided and appropriate procedures to assure
confidentiality of records and reporting in accordance with applicable laws.
2. Maintain documentation of medical evaluations for four (4) years or as otherwise required
by applicable laws.
3. Report on the results of each evaluation to the System's Human Resources Department by
telephone or fax within 24 hours of the physical. Provide complete written, quantified test
results to the System's Human Resources Department within two (2) days of the
examination in a format acceptable to the Indiana Depai Liuent of Transportion.
4. Prepare and submit annual progress report("Progress Report") along with an annual invoice
for preparation of the Progress Report.
G. Expert Testimony
Provide expert testimony,including explanation of tests and examination results,as needed.
H. Compensation/Invoices
In consideration for the Services rendered hereunder, System will pay Vendor the fees listed on the
invoice provided to System. Vendor will submit an invoice (`Invoice") to System and System will
pay Invoice within thirty (30) days of Invoice receipt and per Invoice instructions. Invoices should
be sent to the attention of the System's Accounts Payable Depai Liuent. Invoices shall reflect the
following:purchase order number, description of service,and total amount of payment due.
OTHER CONDITIONS
1. VENDOR RESPONSIBILITIES
The Vendor will maintain facilities and personnel adequate to the performance of Services outlined
in this Agreement to System. In particular, the Vendor will maintain personnel with the proper
professional licensure of all physicians, medical personnel and administrative personnel who will
be providing direct services to the System. The Vendor will maintain, in a secure location with
controlled access, all dated records, information, and notifications, identified by individual for
specific information and records for the minimum time period of four (4) years and as applicable to
the services provided by the Vendor to the System.
The Vendor will not release individual evaluation results to any person, without first obtaining
specific written authorization from the individual. Nothing in this paragraph shall prohibit the
Vendor from releasing, to the System, its agents or to officials of the Federal Transit
tXHiBiT PAGE 3 OF $
6
•
Administration or the Indiana Department of Transportation or its designated representative with
regulatory authority over the testing program, individual evaluation results or related information
to comply with requests resulting from a legal action and on the behalf of the employee.
To the extent permitted by applicable law, the Vendor will make available to the System, at
location(s) of the System's choosing, and at reasonable expense to the System for copying and
shipping charges, all records related to medical examination services performed by the Vendor for
the System, except records containing confidential medical information, within two business days
of notification by the System of such request. Evaluation results are sent directly to the System
from the Vendor. Furthermore, the Vendor shall not hold hostage any records relating to this
Agreement or its compliance for purposes of collecting outstanding payments from the System.
Annual reporting of specified information to the Indiana Depai lucent of Transportations Safety and
Security Program Manager and annual reporting to the System will be by facsimile transmission,
electronic transmission,or U.S.mail.
2. SYSTEM RESPONSIBILITIES
The System will provide the Vendor with the most recent applicable Medical Qualification and
RX/OTC policies of the System. The System will designate a primary representative and an
alternate representative to whom the Vendor will report evaluation results and discuss or report
other necessary information. A password will be established for each representative to ensure
confidentiality of information passed between the Vendor and the System.The means of obtaining
results from the Vendor, (including, but not limited to, electronic or computer transmission,
facsimile transmission (fax), or written communication) with password protection will assure that
the results and other information remain secure and confidential with distribution of or access to
such information to System officials with a business need for the information only.
The System authorizes the Vendor to request specific information or to order additional tests as
necessary for System to comply with the United States Department of Transportation's "Physical
Qualifications for Drivers" 49 CFR Part 391; the Americans with Disabilities Act (ADA); Indiana
Code 20-9.1-3-1; and the Indiana Medical Qualification Policy and Program,which also includes the
Indiana Rx/OTC Medication Policy. The System agrees to pay for additional costs and charges
related to such information requests or additional testing performed.
The System acknowledges that performance of necessary verification procedures may be
dependent upon cooperation by System representatives, evaluated individuals, and/or personal
physicians and/or health care providers that may possess vital medical history information.
3. TERM/TERMINATION
This Agreement shall be in effect from the date last signed by a Party below and continuing for a
period of two (2) years ("Initial Term"). Following the Initial Term, this Agreement shall
automatically renew on an annual basis for up to two (2) additional one year renewal periods (each
a "Renewal Term"), unless either Party has given written notice of its intent not to renew the
Agreement no less than sixty (60) days prior to the end of the then current Term. The Initial Term
and any Renewal Terms are collectively referred to as the "Term" of the Agreement. Either Party
has the right to terminate this Agreement, for any reason whatsoever, upon providing at least 60
days advance notice to the other Party.
EXHINT Pr PAGE N OF
4. INDEPENDENT CONTRACTORS
Both Parties to this Agreement are independent contractors, and nothing contained herein shall be
construed to place the Parties in the relationship of partners,joint venture, or employer-employee,
and neither Party shall have the power to obligate or blind the other whatsoever beyond the terms
of this Agreement.
5. RESPONSIBILITY FOR SYSTEM POLICY AND PROGRAM
The Parties understand and agree that the Vendor does not make any employee decisions for the
System such as hiring of applicants,termination, discipline or retention of any employee or former
employee and that the System has sole responsibility for all such decisions. The Vendor shall not
be responsible for any damages resulting from acts or omissions of the System under the System's
substance abuse policy.
6. DEBARMENT
Each Party represents,warrants, and certifies on behalf of itself and its employees that it has never
been debarred, excluded, or otherwise determined to be ineligible from participation in any
federally-funded health care program, and no proceedings are pending or have been threatened
which might have the result of debarment, exclusion, or determination of ineligibility. During the
Term of this Agreement, each Party shall have a continuing obligation to notify the other Party of
any change of its representation and warranty under this Section.
7. INTEREST OF MEMBERS OF, OR DELEGATES TO,CONGRESS
In accordance with 18 U. S. C.431, no member of, or delegates to,the Congress of the United States
shall be admitted to a share of part of this Agreement or to any benefit arising there from.
8. SEVERABILITY
In the event any provision of this Agreement is held to be unenforceable or void for any reason,the
remainder of this Agreement shall be unaffected and shall remain in full force and effect in
accordance with its terms.
9. FORCE MAJEURE
In no event shall the Vendor have any responsibility or liability to System for any failure or delay in
performance by the Vendor,which results from or is due to, directly or indirectly and in whole or
in part, any cause or circumstances beyond the reasonable control of the Vendor. Such causes and
circumstances shall include but are.not limited to acts of God, acts of the System, rules or
regulations or orders of any governmental authority or agency thereof (whether civil, military,
executive,legislative,judicial,or otherwise),strikes or other concerted actions of workers,lockouts,
or other labor disputes or disasters, accidents,wars, riots, rebellion, sabotage, insurrection or civil
disturbances, difficulties or delays in private or public transportation, or any other cause beyond
the Vendor's reasonable control.
1EXHIBiT A PAGE 5 OF I
10. INDEMNIFICATION
The System shall indemnify, defend and hold harmless the Vendor, the Vendor's directors,
officers,agents and employees,and each one of them,from and against any and all claims,suits,and
damages of whatever nature made or asserted by a present or former employee or agent or
applicant for employment of the System, of its parent, subsidiaries or affiliate companies, arising
out of or in any way related to Services provided by the Vendor under this Agreement, related to
negligent,fraudulent,or illegal action or omission of the System or the System's employees, agents,
or related personnel. The System agrees to indemnify and hold harmless the Vendor, its parent
companies, subsidiaries, and affiliates from any loss, or damage, or claim brought by third parties
(including the System's evaluated individuals) resulting from any negligent act or omission on the
part of the System or System's representatives.
The Vendor shall indemnify, defend and hold harmless the System, System's directors, officers,
agents and employees, and each one of them, from and against any and all claims, suits, and
damages of whatever nature made or asserted by a present or former employee or agent of Vendor
to the extent directly related to Services provided by the Vendor under this Agreement, related to
negligent action or omission of the Vendor, or the Vendor's employees agents, or related
personnel. The Vendor agrees to indemnify System from and against any and all claims arising out
of its submission of data or analytical results which are materially false or incorrect as a result of
negligent acts or omissions by the Vendor personnel.
11. GOVERNING LAW
The provisions of the Agreement shall be construed, interpreted and governed by the substantive
laws of the State of Indiana, including all matters of construction, validity and performance but
without giving effect to Indiana choice-of-law or conflict-of-law principles.
12. ENTIRE AGREEMENT
This Agreement represents the entire agreement between the Vendor and the System with regard
to the subject matter herein. This Agreement supersedes all prior agreements, understandings,
negotiations and discussions, written or oral, and may be modified only by a written document
signed by both the Vendor and the System.
13. CONFIDENTIALITY
Neither party("Receiving Party")will disclose or use any proprietary or confidential information or
materials of the other party("Disclosing Party"),including,but not limited to,information about the
Disclosing Party's customers, patients, practices, procedures, strategies, organization, financial and
other related information ("Confidential Information"), except as may be required to carry out the
Receiving Party's duties and responsibilities under this Agreement, or as may be required by law.
Each Party will use at least the same standard of care to maintain the confidentiality of the other
Party's Confidential Information that it uses to maintain the confidentiality of its own Confidential
Information,but in no event less than reasonable care.
14. LEGAL AUTHORITY
The person or persons signing and executing this Agreement on behalf of each Party do hereby
warrant and guarantee that they have been fully authorized by such Party to execute this
jEXHiB i Pc PAGE OF
Agreement on behalf of the Party and to validity and legally bind the Party to all terms,
performances, and provisions set forth in the Agreement. This Agreement may be executed
simultaneously in one or more counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same instrument. Signatures transmitted by facsimile
or other electronic means shall be accepted as original signatures.
15. ASSIGNMENT
Neither Party may assign this Agreement without the prior written consent of the other Party;
provided,however,Vendor may assign this Agreement to an entity which controls, is controlled by
or is under common control with Indiana University Health, Inc.,without the prior written consent
of System.
16. MODIFICATION FOR CHANGE IN LAW
To the extent that any law, rule, or regulation of any authority having jurisdiction over the Parties
to this Agreement shall raise question as to the legality, enforceability, or appropriateness of this
Agreement or any provision hereof, the Parties agree in good faith to renegotiate the problematic
provision(s) to bring this Agreement into compliance with such applicable law, rule, or regulation.
If the Parties are not able to mutually agree on modification of the problematic provision(s), then
notwithstanding anything to the contrary herein, either Party may terminate this Agreement
immediately under this section upon written notice to the other Party.
17. INSURANCE
Each Party shall maintain at all applicable times, at its own expense: (i) comprehensive general
liability insurance in amounts equal to at least$1,000,000 per occurrence and$3,000,000 annual in
the aggregate; (ii) workers' compensation insurance in accordance with the laws of the State of
Indiana, and employer's liability in the amount of one million dollars ($1,000,000); and (iii)
professional liability insurance with commercially reasonable limits.
18. NO REFERRALS/COMPLIANCE
The Parties enter into this Agreement with the intent of conducting their relationship in full
compliance with applicable federal and state laws and regulations,including without limitation the
federal Stark Law and regulations,the federal anti-kickback statute and regulations,the federal civil
money penalties law and regulations,and similar state law and regulatory prohibitions. The Parties
agree and certify that the Agreement is not intended to generate referrals for services or supplies
for which payment maybe made in whole or in part under any federal health care program.
19. NOTICE
Any notice required under this Agreement shall be given in writing, and hand delivered or sent via
registered or certified mail, postage pre-paid, return receipt requested, or by a nationally
recognized overnight courier service, to the address provided in the first paragraph of the
Agreement.Either Party may change the notification addresses listed by providing written notice.
[SIGNATURES TO FOLLOW]
EXi-iiBi I_ PAGE ? OF I
•
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the day
and year executed below:
Indiana University Health System:Transit Authority of the City of
Richmond,Indiana
By:Brian Shockney By:Terri Quinter
Signature Signature:
Title: President,South Central Region Title:
Date: Date:
1EX IBIT IA PAGE OF B