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HomeMy WebLinkAboutCC Resolution 8296 (Occupational Health Provider)RESOLUTION NO. 8296 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AN AGREEMENT WITH MEDICAL, ERGONOMIC AND THERAPEUTIC SERVICES, INC. (METS) TO FUNCTION AS THE CITY'S OCCUPATIONAL HEALTH PROVIDER (Term of Agreement From 12/1/90 Through 11/30/92) WHEREAS, The City of San Rafael has need for a medical provider to provide pre -placement medical examinations for employment candidates; treatment of employees suffering from work related injury and/or illness; development of job related medical standards; and other related medical services; and WHEREAS, specifications were established and bids solicited from occupational medicine providers; and WHEREAS, bids have been received and thoroughly reviewed by the City's Medical Provider Committee; and the Committee recommends Medical, Ergonomic and Therapeutic Services, Inc., (METS) as the occupational Health provider. NOW, THEREFORE, BE IT RESOLVED by the San Rafael City Council that the following action be taken: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract agreement between the City of San Rafael and METS desig- nating METS as the City's primary Occupational Health provider. Said contract is for a period of twenty-four months unless terminated earlier according to the terms of the contract agreement. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a Regular meeting of the City Council of the City of San Rafael on Monday the 19th day of November , 1990, by the following vote to -wit: AYES . COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES . COUNCILMEMBERS: None ABSENT : COUNCILMEMBERS: None %NC.^� JE M. LEOINI, City Clerk 2_1 1J PR I PROFESSIONAL SERVICES AGREEMENT, This Agreement is made in San Rafael, California on November 19,1990 by and between the City of San Rafael (hereafter referred to as "City") and Medical, Ergonomic and Therapeutic Services, Inc., and its physician's contractors (hereafter referred to as "Provider"), who agree as follows: 1. Scone of Work. The Provider will serve as the occupational health provider for the City. In such capacity, the Provider will perform medical examinations and related services as described in the City's Request For Proposals and the Provider's Proposal regarding Occupational Health Provider Services, attached hereto as EXHIBITS A and B, respectively, and incorporated by this reference. Both parties understand that the medical exams will be performed by private physicians who have contracted with provider to provide said medical services. Provider shall be solely responsible for compensat- ing said contracting physicians. 2. Compensation. City agrees to pay Provider in accordance with the schedule of medical exam costs set out in EXHIBIT C, a copy of which is attached and incorporated herein by refer- ence. 3. Term. The term of this Agreement is from December 1, 1990 through November 30, 1992. This Agreement shall be renewed on December 1, 1992 and run from year to year unless ter- minated by either party by giving sixty (60) days notice to the other party that the Agreement will not be renewed. 4. General Provisions. (a) Independent Contractor. At all times during the term of this Agreement, Provider shall be an Independent Contractor and shall not be an employee of the City of San Rafael. (b) Insurance. Before commencing work, the Provider shall procure and maintain for the duration of the Agreement insur- ance against claims for injuries to persons or damages to property which may arise from or in connection with medical exams. The cost of such insurance shall be borne by the Provider. (1) Minimum Scope of Insurance,. Provider shall maintain Comprehensive General Liability Insurance and shall require and ensure that each of its contracting physici- ans maintains Comprehensive General Liability Insurance and Medical Malpractice Liability Insurance in the amounts and subject to the terms set forth herein. 1 CEJ 6�Y (2) Minimum Limits of Insurance. Provider shall main- tain and shall require that each contracting physician maintain insurance limits no less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage for Comprehensive General Liability and Medical Malpractice Liability. (3) Other Insurance Provisions. The policy or policies are to contain, or be endorsed to contain the following provisions: A. The City, its officers, officials, employees and volunteers are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. B. The Provider's insurance coverage shall be primary insurance as respect to the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Provider's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. D. Coverage shall state that the Provider's insur- ance shall apply separately to each insured against whom the claim is made or suit is brought, except with respect to the limits of the insurer's liabil- ity. E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to the City. (4) Worker's Compensation and Emnl,overs Liabilitv Coveraae. The insurer shall agree to waive all right of subrogation against the City, its officers, officials, employees and volunteers arising from work performed by the Provider. 2 (c) Indemnification. The Provider agrees to defend, indemni- fy, protect, and hold City and its agents, officers, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Provider employ- ees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Provider and its agents, officers or employees, in perform- ing the work or services herein described, and all expenses of investigating and defending against same; provided, however, that Provider duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. (d) Eaual Emplovment Opportunity. During the performance of this Agreement, Contractor, for itself, its assignees, and successors in interest, agree as follows: Compliance with Reaulations. Contractor shall comply with the Executive Order 11246 entitled "Equal Employment Opportunity" as labor regulations (41 C.F.R. Part 60), hereinafter referred to as the "Regulations." 5. Notices. All notices herein provided or required to be given, or which may be given, in connection herewith by either party to the other shall be in writing and be served by personal delivery or by mail, and shall be deemed to have been given when deposited in the United States mail, postage prepaid, and addressed as follows: TO CITY: City of San Rafael Finance Director 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Medical, Ergonomic and Therapeutic Svs,Inc. 1099 D Street, Suite 100 San Rafael, CA 94901 or to such address as may from time to time be designated by either party in the manner herein provided for the giving of notices. 3 6. Ownership of Documents,. The Provider shall maintain complete records on each individual examined for the duration of the Agreement. Such records shall remain confidential and will be made available only to the Personnel Officer or other person designated by the Personnel Officer. The Provider is required to transfer all records to the Personnel Officer at the conclusion of the Agreement. The Provider is responsible for keeping sufficient documentation to support appeals of any decision. 7. Default. The City may, by written notice of default to the Provider terminate the whole or any part of the Agreement in any one of the following circumstances: (a) If the Provider fails to perform the work called for by the Agreement within the time specif ied in the Agreement or any extension thereof; or (b) If the Provider fails to perform any of the other provisions of the Agreement, or so fails to perform the work as to endanger the performance of the Agreement in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days (or such longer period as the Purchasing Agent may authorize in writing) after receipt of notice from the City, specifying such failure. (c) In the event the City terminates the Agreement in whole or in part as provided in this Section 7.0, it may procure, upon such terms and in such a manner as the City may deem appropriate, work similar to work so terminated and the Provider shall be liable to the City for any excess costs for such similar work; provided that the Provider shall continue the performance of the Agreement to the extent not terminated under the provisions of this clause. 8. Termination. The performance of work under the Agreement may be terminated by the City in accordance with this paragraph in whole, or from time to time, in part, whenever the City shall determine that such termination is in its best interest. Any such termination shall be effected by delivery to the Provider a Notice of Termination specifying the extent to which performance for work under the Agreement is terminat- ed, and the date upon which such termination becomes effec- tive. 9. Whole Aareement. This Agreement and all exhibits shall constitute the entire Agreement of the parties. No modifica- tion or amendment of this Agreement shall be valid unless it is in writing and executed by both parties. 4 Executed as of the day and year first above stated. ATTEST: Y CLERK Jeanne M. Leoncini APPROVED AS TO FORM: ITY ATTORNl Gary T. Raganti CITY OF SAN RAFAEL A Municipal Corporation Lawrence E. Mu ryan' Title: MAYOR Date: November 19, 1990 MEDICAL, ERGONOMIC AND THERAPEUTI SERVICES, INC. (METS) By 4(A' Title: J4' IDate: i, EXHIBIT "A" 1. Section A: Introduction and Scope of Work Medical, Ergonomic and Therapeutic Services, Inc. (METS) is submitting a proposal to the City of San Rafael (City) for the expressed purpose of providing pre -placement and other medical/occupational health services. It is our understanding that the City desires the Provider to provide the following specific services: 1. Primary - Pre -Placement Medical Evaluations (Item 2.1) which include identifying: a. Medical conditions which affect the applicant's present ability to safely perform the required job tasks. These medical conditions are ones which put the applicant at "imminent and substantial risk of injury" based upon job task demands. b. Medical conditions which may not be presently disqualifying but require medical control for continued employment (e.g., controlled diabetes, high blood pressure, or seizure disorders). c. Medical conditions which constitute some limitations (existing disability) but are not sufficient to preclude employment (e.g., limited range of back motion). 2. Secondary - Medical Evaluations for specific Personnel and Safety/Health reasons listed in RFP. a. Department of Motor Vehicles Class 1 and 2 driver's license examinations as outlined by the State of California (Item 2.2). b. OSHA mandated examinations given for prophylactic reasons at regular intervals to certain job classes including but not necessarily limited to cocci, cholinesterase, audiometric, pulmonary function, etc. (Item 2.3). C. Fitness for duty examinations to determine an individual's ability to perform the essential job tasks. These relate to specific physical or psychological disorders which may require specific testing or the need for a compulsory medical leave (e.g., off -the -job injuries/illnesses, alcoholism). These exams may or may not require alcohol/drug screening (Item 2.5). d. Return -to -Work examinations, including testing of employee's ability to perform at a specific level (work capacity) and indicating return to full duty or to light (alternate) duty with specific yet reasonable work restrictions (Item 2.4). -2- NOTE: Other medical evaluations provided by METS related to specific Personnel and Safety/Health situations include: e. Law enforcement and Fire Department exams on an annual basis with a treadmill stress test given prior to fifth year anniversary date (presumption date of work relatedness). Annual examination will include all of Group V items except lumbar x-rays unless otherwise specified. f. Disability retirement examinations utilized as an essential part of the existing Public Employees' Retirement System (PERS). g. Annual, in-depth physical examinations for executives and certain management personnel, including treadmill stress test, if requested. h. Specialty examinations (e.g., neurology, cardiology, psychiatry, etc.) to provide additional information on the continued.employability of existing employees. i. Urgent care and primary treatment for on-the-job injuries. 3. Tertiary - Specific services aimed at reducing the severity and frequency of injury, improving/maintaining employee -3- health, fitness, and productivity, and facilitating more rapid and safe return to work (fewer repeaters). a. Back care and other orthopedic injury prevention (on and off job) as well as general self-care issues, such as stress management, heart disease, and high blood pressure. These programs utilize stretching, exercises, stress reduction and other health-related techniques. All of these programs fall under the general classification of "Wellness." b. Back and other orthopedic treatment of injured employees utilizing advanced medical and physical therapy techniques. C. Self care after an injury. How to avoid becoming the chronic repeater. d. Expert consultation to help maintain, establish, modify or update medical standards for existing or new job classes. METS understands that all medical and functional examinations will be conducted based upon the Guidelines provided by the City. It is further understood that medical decisions will be legally defensible and based upon valid, job-related criteria. This ensures that the applicant has no medical condition which affects his/her ability to perform the essential job duties without undue -4- risk of injury to themselves or others, and yet does not unreasonably discriminate. Finally, it is understood that all services and communication between the City and Provider will be provided in a timely manner and that all records will be kept up to date and confidential (Item 3.7). METS is an Affirmative Action Employer. There shall be no discrimination against any employee because of race, religion, color, sex, age, handicap or national origin (Item 3.8). -5- EXHIBIT "B" Unit of Service Fees: Pre -Placement and Annual Exams Al COMP H+P Includes 1/2 hr. with M.D. A2 BRIEF HANDS ON EXAM B VISION C HEARING D PUL FUNCTION E CHEST X-RAY 2 VIEW F1 RESTING EKG E2 TREADMILL STRESS TEST Includes a resting EKG G2 HEMOGRAM I URINALYSIS J CHEM 20 K LUMBAR X-RAY L. GENERAL ORTHO EVAL W/ EXPANDED BACK EVAL M. SKIN TEST N. ADMINISTRATIVE FEE 0. CANCELLATION FEE GROUP GROUP GROUP UNIT 1& 2 3& 4 5 CHARGE X X $60.00 X $30-00. X X $6.50 X X $10.00 X X $25.00 X $65.00 X $30.00 X $125.00 X X X $10.65 X X X $10.65 X $25.00 X X $75.00 X $9.00 X X $18.00 X X $6.50 $5.00 $10.00 $15.00 25% of Scheduled services