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HomeMy WebLinkAboutFredric Edelman, MD - 2021-04-01 PRONESSONAL SERVICES CONTRACT BETWEEN THE. CITY OR HUNTINGTON BEACH AND Fredric, Edelman I m POR INDEPENDENT MEDICAL EVALUATIONS WITH RESPECT TO WORKERS' COMPENSATION CLAIMS THIS AGREEMENT ("Agreentent'� is made and entered into by and between the City of Huntington Beach, a numicipal corporation of the State of California, hereinafter referred to as n..9. "CITY,"and FkrEppu l_ EDELMAN an individual, hereinafter referred to as "PHYSICIAN." WHEREAS, CITY desires to engage the services of a physician to provide independent medical evaluations with respect to workers' compensation claims; and Pursuant to documentation on file in the office of the City Clerk, the Provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and PHYSICIAN has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and PHYSICIAN as follows: I. SCOPE OF SERVICES PHYSICIAN shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." D PHYSICIAN hereby designates FKik-'6IuC L QN nA4 1 who shRll represent it and be its sole contact and agent in all consUltations with CITY during the performance of this Agreement. APPROVED AS TO FORM/F tte �ICHAEL E. GATES CITY ATTORNEY MY OF HUNTINGTON BEACH 12-3167/IMH Standard Contract - Revised 1 Z0 39—.d NC•n3G3 L6ZLTBL8T8T ZS :ZT TZOZ/613/90 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with PHYSICIAN in the performance of this Agreement. 3. TIME OF PERFORMANCE Tithe is of the essence of this Agreement. The services of PHYSICIAN are to commence on April I 2QZ1 (the "Commencement Date'"). This Agreement sliall automatically renew three (3) years from the Commencement Date, unless terminated as provided herein. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and PHYSICIAN. In the event the Commencement Date precedes the Effective Date, PHYSICIAN shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay PHYSICIAN, on a time and materials basis at tho rates specified in Exhibit "13," attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed 'rwenty-nine Thousand Nine-Hundred Dollars ($29,900.00). 5. EX'1'2A W OI IBC III tite event CITY requires additional services not iuciuded in Exhibit "A", of changes in the scope of services described in Exhibit"A," PHYSICIAN will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior wrillen approval of CITY is obtained. 12-31e7nMe Standard Contract - Revised 2 CO 39Vd N-.l^1-13Q3 LE7LT8L8T8T ZS :ZT TZ9Z/60/90 G. NETHOD OF PAYM PHYSICIAN shall be paid pursuant to the terms of Exhibit "B," 7. DISPOSITION Of PLANS FST1MATES AND OTHER DOCUMENTS PHYSICIAN agrees that title to all materials prepared hereunder, including, but not limited to; all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and PHYSICIAN shall turn these materials over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first, These materials may be used by CITY as it sees fit. 8. UOLD HARMLESS PHYSICIAN hereby agrees to protect,defend, indemnify and hold hariniess CITY, its officers, elected or appolaled officials, employees, agents and volunteers front and against any and all claims, damages, losses,expenscs,judgments,demands and defense costs(including without limitation, costs and fees of litigation of every iwture or liability of any kind or nature) arising out of or in comiection with PHYSICIAN's (or PHYSICIAN's subcontractors, if any) noghgent (or alleged negligmit) performance of this Agreement or Its failure to comply with any of its obligations contained in this Agreement by PHYSICIAN, its officers, agents or employees except such loss or damage which was caused by die sole negligence or willful misconduct of CITY. PHYSICIAN will conduct ill[ defense at its sole cost and expense and CITY shall approve selection of PHYSICIAN's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amountof hidenmificatiou to be provided by PHYSICIAN. 12-31 B7/1ME Standard Contract- Revised 3 n9 39-vd NVI-MC13 LEZ4T8L8T81 ZS :ZT TZr3Z/60/90 9, PROFESSIONAL LIABILITY INSURANO_E. PHYSICIAN shall obtain and furnisli to CITY a professional liability insurance policy covering the work performed by it heretu'der. This policy shall provide coverage for I'MYSICIAN's professional liability in an amount not less dean One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insufed retention without the express written consent of CITY;however nn insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. PHYSICIAN shall notify CITY of circunistaulces or incidents that might give rise to future claims. PHYSICIAN will make every effort to Maintain silllllar illSrlllnlce during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason,PHYSICIAN agrees to purchaso an extended reporting provision of at least two(2) years to relort claims arising from work performed in connection will' this Agreement. If PHYSICIAN fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, of the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect PHYSICIAN's right to be paid for its little and materials expended prior to notification of termination. PHYSICIAN waives 12-3137AMB Standattl Contract - Revised 4 90 39Cd NC1°113Q3 LCZLT8L8181 Z9 :ZT IZ07/60/90 the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFI ATF.S OF SURANCE Prior to commencing performance of the work hereunder, PHYSICIAN shall f mtish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insuranco coverage as required by this Agreement; the,certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is cturaitly in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10)days' prior written notice in the event of cancellation for nonpayment of premium. PHYSICIAN shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY, Tile requirement for carrying the foregoing insurance coverage shall not derogate from PHYSICIAN'S defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance, PHYSICIAN shall pay, in a prompt and timely manner, tlm premiums on the insurance herein above required. It. INDEPENDENT CONTRACTOR PHYSICIAN Is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an eniplbyee of CITY, PHYSICIAN shall secure at its owl) cost and expense, and be responsible for any and nil payment of all taxes, 12-3187/IMP, Standard Contract - Revised 5 90 39-Vd N"Vn3Q3 LEZLT8L8181 ZS :ZT TZOZ/60/90 social security, state disability insurance compensation, unemployment compensation and other payroll deductions for PHYSICIAN and Its officers, agents and employees and all business licenses, if any, iu connection with the PROJECT and/or the services to be performed hereunder. 12, TERMINATION OF AGREEMENT All work required hereunder shall be perfumed in a good and workmanlike manner. CITY may terminate PHYSICIAN's services hereunder at any time with orwithout cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to PHYSICIAN as provided herein. In the event of termination, all finished and unfinislied documents, exhibits, repot, and evidence shall, at the option of the CITY, become its properly and shall be promptly delivered to it by PHYSICIAN. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by PHYSICIAN to tiny other person or entity without the prior express written consent of CITY. If an assignment, delegation of subcontract is approved, all approved assignees, delegates and subcontractors must satisfy the insurance requirements as set forth in Sections 9 Find 10 hareinabove. 14. COPYRIGHTS/PATENTS Cl'fY shall own all rights to any patent or copyright of any work, item or material produced as a result of this Agreement, 15. f'1TY EMPLOYEES AND OFFICIALS PHYSICIAN shall employ no CITY official nor any regular CITY employee in the woic performed pursuant to this Agreement. No officer or eanployee of CITY shall have any 12-3187AMP Standard Contract - Revised 6 L0 39vd NVW-1303 LCZL18L8T8T zs :ZT TZOZ/60/90 financial interest in this Agreement in violation of the applicable provisions of the California Goverrmieut Code, 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to PTIYSICIAN's agent(as designated in Section I hereinabove) or to CITY as the Situation shall warrant, or by enclosing the santc in a sealed envelope,postage prepaid, and depositing the same in the United Stales Postal Service, to the addresses specified below. CITY and P14YSICIAN may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S, certified mail-return receipt requested: TO CITY: TO PHYSICIAN: City of Huntington Beach FKD R-' C L 60 -UWI tJ M t� ATTN: Tusk Manager rA3 S U/VO NJ(4s 61-- " 1 Iq 2000 Main Street 1p�gr1i}IJ CA<j. C 1 Huntington Beach, CA 92648 QlutL3 17, CONSENT When CITY's consent/approval is required under this Agreement, its consent/approvol for one Transaction or event sliall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or evenl. 18. MODIFICATION No waiver or modification of ally language in this Agreement shall be valid unless in writing and duly executed by both parties. t2-9187/IM6 Standard Contract - Revised 7 80 39Vd WN-1303 LEZZTBL6181 Z9 :ZT TZOZ/69/90 19. SECTION HCAPINQS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are inerely descriptive and are included solely for convenience of reference only and are not representative of natters included or excluded front such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20, INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in 0 cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by all. arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants Ond provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other lmless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires, Nothing contained herein shall be construed so as to require the commission of any act Contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it witbin the requirements of the law. 21. pUPLICATL ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of 12-31 B7AM¢Standard Contract - Revised R 60 39Cd NVITUt13 ZczLleL6TSl ZS :Zi TZ9Z/60/90 the date of its execution Ford delivery, be deemed an original. Each duplicate original shall be deemed an original inshvnrent as against any party who has signed it. 22, IMMIGRATION PHYSICIAN shall be responsible for full coniplintice with the immigration and naturalization laws of the United States and shall, ill particular, comply with the provisions of the United States Code regarding employment verification. 23, LEGAL SERVICES SUBCONTRACTING PROHIBITED_ PHYSICIAN and CITY agree that. CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside tho scope of services contemplated hereunder. PHYSICIAN understands that pursuant to Huntington Beach Clh, Charter Swim) 309, the City Attorney is the exchusive legal counsel for CITY and CITY shall not be liable for payment of any legal services expenses incurred by PHYSICIAN. 24. ATTORNEY'S PEES In the event suit is brought by either-party to construe, interpret and/or enforce the terms and/or provisions of this Agreement o to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall riot be entitled to recover its attorney's fees fron the nou-prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination of this Agreement, sliall so survive. 26. GOVERNING LAW This Agreement shall be governed and constived in accordance with the laws of the Slate of California, 12-3187/IME Standard Contract - Revised 9 F3T 3Jtid NVVn3Q3 iEZLT8L8T81 Z9 :ZT TZOZ/69/90 27. SIGNATORIES Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. T'HYSICIAN's initial., 28. ENTIRETY The parties acknowledge and agree that they are entering Into this Agreement fieely and voluntarily following extensive arm's length negotiation,and Thal each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acluiowledge and agree that uo representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that early or anyone acting on that party's behalf, which are not embodied in this Agrecment, and that that party has not executed this Agreement, in reliance on any representation, inducement, promise, agreement, Warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agroentottl between the parties respecting the subject matter of (his Agreement and supersode all prior understandings and agreements whetlrcr oral or in writing between the parties respecting rite subject matter hereof, 29. EFFECTIVE DATE 'this Agreement shall be effective oil the date of its approval by the City Attorney, This Agreement shall expire when terminated as provided hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 12-7187/IMB Standard Contract - Revised 10 11 39Cd Nvt'l13Q3 LCZL18L818T ZS :ZT TZOZ/60/90 PHYSICIAN COP 1C_ L-M Di; M,� CITY OF HUNIINOTON BEACH, a 6 40- T J 1 E t' municipal corporatio0 of the Siate of Caiifbmia Slat ft e Dit ec(or of Human Resources APPROVE+ AS TO FORM; �i Attotuey Receive and File rL ZQ�xGZ/Q�t,t) City Clerk 12.91 a7nME Standard Contract- Revised I t ZT 39vd t1-1i13I3 LEZL18LB181 Z9:ZT TZOZ/60/90 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Fredric Edelman . mi) FOR INDEPENDENT MEDICAL EVALUATONS WITH RESPECT TO WORKERS' COMPENSATION CLAIMS Table of Contents IS(;ol)eof Services.....................................................................................................1 2 City Staff Assistance...................................,............................................................2 3 Time of Performance .......................................................................•...............•...••..2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans,Estimates and Other Documents ...........................................3 8 Hold Harmless .................•.•.....................................................................................3 9 Professional Liability Insurance„•,..........................................................................4 10 Certificates of Insurance......................................................................;•.....•............5 11 Independent Contractor............................................................................................5 12 TenninationofAgreement.............•..••.....••....••....•.•......••..•.•••.•••......•.......................6 13 Assignment and Subcontracting .................................................•......•.•...............•...6 14 Copyrights(Patents........................•..........................................................................6 15 City Employees and Oflicials..................................................................................6 16 Notices •...•....................•...........•..•.••............•..................••.•.•....................................7 17 Commit ........................................................................•..••.....••................................7 18 Modification.............................................................................................................7 19 Section Headings •••.................•••.....................................•••••„•.........•...........•..........•8 20 Interpretation of this Agreement••...............•...................•........................................8 21 Duplicate Original....................................................................................................8 22 Immigration.....................................................................................•........................9 23 Legal Services Subcontracting Prohibited •................•....•....•.........••.•.•....,........•.,.•..9 24 Attorney's Foes..............................................................................................•....•.....9 25 Survival....................................................................................................................9 26 Governing Law ...........................•..........................................•.................................9 27 Signatories................................................................................................................10 28 Butirety...,.....................................•...........................................................................10 29 EffecliveDate ...............................................•..........•......................•..••....................10 12-3187/75880 £T 3D-Vd N W13Q3 L£ZLT8L8T8T ZS :ZT TZ9Zi69/90 EXHIDIT "A„ STATEMENT OF WORK: 1) AOE—COE EXAMS (exams for the determination of industrial causation). 2) Evnlualion for necessity of appropriate medical treatment. 3) Assessment of employee's present ability to return to work, whether full duty or modified. 4) Advise on condition of maximum medical improvement status. 5) Determine nature and extent of permanent disability, including factors of apportionment and need for firture medical care. 6) Resolve utilization review disputes. 7) Determine the need for spinal surgery pursuant to Labor Code section 4062(b). PHYSICIAN shall perform the evaluation in full accordance with the standards defined by the Division of Workers' Compensation of the State of California and the AMA Guide-c to the Evaluation of Permanent Impairment, Fifth Edition. This requires a report of the injury, prior status, clinical cluonology, current status, and past medical history. The physical examination will dOCURlelll all pertinent positive, negative, and non-physiological, findings. For extremity injuries, measurements must be documented bilaterally. Additionally, PHYSICIAN agrees to; (i)provide that medical exams will beset within thirty (30) days of the date of appointment request, and (ii) prepare a written report of findings within thirty (30) days of the date of exam or evaluation and provide a copy to the parties within said time frame, 12-3 ta7nseso nT 39Cd mVVFGG3 LEZLT8L8T81 79 :ZT TZOZ/60/99 EXHIBIT "B" Payment Schedule 1. Missed Appointments • Fee: $503.75 • Code: ML200 Applies when: • Interpreter does not appear for evaluation. • Injured worker leaves before completion of the evaluation. • Cancellation within 6 business days of the scheduled appointment. 2. Comprehensive Medical-Legal Evaluations • Fee: $2,015.00 • Code: ML201 • Applies to the initial evaluation or the first evaluation in an 18-month period. • The evaluation includes review of up to 200 pages of records. • It must involve an examination of the employee. • Review of records in excess of 200 pages is reimbursed at a rate of$3.00 per page. 3. Follow-up Medical-Legal Evaluations • Fee: $1,316.25 • Code: M1,202 • Applies to any subsequent comprehensive evaluation within 18 months of the initial evaluation. • This fee includes review of up to 200 pages of records that were not reviewed as part of the initial evaluation. • Review of records in excess of 200 pages (records not reviewed at initial evaluation) reimbursed at a rate of$3.00 per page. 4. Supplemental Medical-Legal Evaluations • Fee: $650.00 • Code: M203 • Does not involve an examination of the patient. • Results in preparation of a narrative medical report. • Review of records in excess of 50 pages reimbursed at a rate of$3.00 per page. • Fees for a supplemental report are not allowed if: o Records reviewed were provided to the physician for review before the initial or follow-up evaluations. o Supplemental report addresses an issue the parties asked the physician to address in a prior med-legal evaluation. 12-3187/75880 1 91 39vd WN-1303 LEZL18L8T8T Z9 :ZT TZOZ/60/90 5. Medical-Legal Testimony • Fee; $455.00 per hour (or physician's usual and customary fee, if lower) • Code: ML204 • Physician is entitled to bill a minimum of 2 hours for deposition. • If the deposition is canceled within fewer than 8 calendar days prior notice, physician is entitled to bill 1 hour of time. 6. Medical-Legal Review o1 Sub Rosa Evidence • Fee: $325.00 per hour (or physician's usual and customary fee, if lower) • Code: ML205 • No minimum time allotment. • Physician must capture time spent reviewing evidence to the nearest quarter-hour, verified under penalty of perjury. • The fee does not include production of a medical-legal report. The fee for time spent reviewing the recording will be included in the billing for the initial, follow-up or supplemental medical- report. 7. Court-Ordered Evaluations • When a medical-legal evaluation is ordered by a Workers' Compensation Judge,the Judge has authority and discretion to apply the appropriate modifier to that evaluation. 8. The parties agree that the City is not obligated to pay compensation to the PHYSICIAN except for agreed upon medical services and care. Failure of PHYSICIAN to provide a written medical report within 30 days of the date of the exam subjects PHYSICIAN to non- payment for services rendered. 9. PHYSICIAN billing shall conform to the requirements listed in section 9795 of Title 8 of the California Code of Regulations. Charges for services rendered will be reviewed in accordance with section 9795 to determine appropriate level of service. 10. City shall pay PHYSICIAN within forty-five (45) days following receipt from PHYSICIAN of invoices for services rendered and for which payment has not previously been made, provided that PHYSICIAN shall submit all invoices within ninety (90) days after the date of service. 12.3187/75880 2 9T 39Cd NVN-13Q3 LCZLT8LBT8T ZS ZT TZ9Z/80/99 �THEDOCTORSCOMPANY CERTIFICATE OF INSURANCE Issue Date: 08l1t/2o2/ Effective Date: t18/0112021 Professional U&MIity Policy Occurrence Coverage First Named Insured IMPORTANT NOTICE: This document is issued as Fredric L Edelman MD a matter of information and does not confer rights 4835 Van Nuys Blvd Suite 114 to any recipient. This document is not binding, is Sherman Oaks, CA 91403 not part of the Policy described below, and does not change or extend the coverage provided by that —,--- Policy. Insured: Fredric L Edelman MD Specialty: SUR01 - Surgical SPk.Offim Min Sung and Procedures only Polic Number__ Policy Period: OC494434 From: 08V1=1 To: 0=112022 The Insured above is Agency and Address' (� A Named Insured Hub International Insurance n A Locum Tenons Services Inc. An Additional Insured STE 200 3633 E Broadway Long Beach, CA 90803 r..r (562)439-9731 lRlr�E LIMITS OF LIABILITY Claim Limit: $1,000.000 Aggregate Limit: $3,000,000 L Locum Tenons and Additional Insureds share 111. Photocopies of this document are deemed as Limits of Liability with the applicable Named valid as the original. Insured. IV. If the Policy, or coverage for any person, is If. The Policy, including Endorsements, determines canceled for any reason or if the terms of the the coverage provided. Some Claims may not be Policy are changed, we will notify the First Named covered by the terms of the Policy, or may be Insured (and any additional Named Insureds as subject 10 restrictions such as lower Limits of required by applicable state law). Coverage is not Liability. in effect unless and until all payments are received when due. APPROVED PS TO FORM MICHAEL E.GATES 3 CITY ATTORNEY CITY OF HUNTINGTON BEACH 8 X 3 4 MPL00003 (04/15) 20979 page 1 01 1 0002003 33413145 -00 Insured 105 Greanwood Road P.O.Box 2900 Napa,CA 94558-0900:(707)226-0100 (800)421-2368:www.Ihadactofs com ZO 39vd NVH-13G3 LEZLIBL8181 Lt+:Et TZOZ/80/80