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
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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.
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(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.
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(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.
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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.
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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).
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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
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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
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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).
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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