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HomeMy WebLinkAboutCC Resolution 11187 (Ergonomic Injury Prevention)RESOLUTION NO. 111 g7 RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH PRECARE, INC. FOR ON-SITE ERGONOMIC INJURY PREVENTION & TREATMENT SERVICES THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR is authorized to execute, on behalf of the City of San Rafael, an Agreement with PreCare, Inc. for on-site ergonomic injury prevention and treatment services. 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 said City on Monday, the 215` day of October, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller JE&N'TE4M4_'­LEO'NC*1NI, City Clerk AGREEMENT FOR INJURY PREVENTION & PHYSICAL THERAPY SERVICES This Agreement is made and entered into this 21 s t day of October, 2002, by and between the CITY OF SAN RAFAEL (hereinafter "CITY") and PRECARE, INC., (hereinafter "CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR provides services for coordinating, training and placing physical and occupational therapists onsite to provide ergonomic injury prevention and rehabilitation treatment for employees; and WHEREAS, the CITY wishes to use certain of these services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: DUTIES OF CONTRACTOR. At the CITY's request, CONTRACTOR shall perform the duties and provide services as identified in Exhibit "A", attached and incorporated herein. 2. DUTIES OF CITY. CITY shall provide CONTRACTOR with sufficient onsite space as necessary for CONTRACTOR to perform its services. For the duties performed and the services provided by CONTRACTOR, CITY shall pay CONTRACTOR in accordance with the fee schedule as provided in Exhibit `B", attached and incorporated herein. 3. TERM OF AGREEMENT. The term of this Agreement shall commence on November 1, 2002 and shall continue month-to-month until terminated by either party by giving thirty (30) days written notice. 4. COMPENSATION. CONTRACTOR shall bill the City's Third -Party Administrator for workers' compensation for the services rendered in accordance with the terms set forth in Exhibit B. Invoices from CONTRACTOR shall be paid in accordance with the established legal requirements for payment of invoices in the workers' compensation system. CONTRACTOR may change rates for services only with the prior written consent of the CITY. 1 COPY 5. CONFIDENTIALITY. Neither party will disclose any confidential information of the other party without the express written consent of the other party. 6. NO GUARANTEE OR WARRANTY. CONTRACTOR will use its best professional skills in performing its services but does not guarantee or warrant any results. 7. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. As an independent contractor, CONTRACTOR retains the right to direct and control the means, manner and methods by which it performs services under this Agreement. 8. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 8. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be 2 endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named insureds under the policies; 4. CONTRACTOR shall provide to the City's Risk Manager (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's Risk Manager; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by the City's Risk Manager and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain workers' compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney fees and defense expenses. 9. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement. 3 10. ASSIGNMENT. Neither party may assign any portion of this Agreement without the prior written consent of the other party. 11. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Sharon E. Andrus Risk Manager City of San Rafael POB 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Sara Craig, President PreCare, Inc. POB 315 Sonoma, CA 95476 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. ENTIRE AGREEMENT -- AMENDMENTS. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by a] the parties. 15. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 16. COSTS AND ATTORNEY FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney fees expended in connection with such action. 17. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 91-2075626, and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 18. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ALBEIT J. BvMayor ATTEST: JE NNE M. LEONCINI, City Clerk APPROVED CLARK E. (YAa Attorney 6 PRECARE, INC. SARA CRAIG, Presidert__) Exhibit A On Site Services EMonomic Job Analysis PreCare Ergonomic Job Analysis is a comprehensive evaluation of a job(s) encompassing objective observation, measurements and documentation identifying workplace physical demands, tasks, and risk factors. Essential job functions are identified, assisting the employer to be in compliance with the ADA and recommendations are made to eliminate risks of injury. Analysis is offered for individual employees or job positions. A Functional Ergonomic Job Analysis report is provided to the employer, which details risk factors and recommended solutions. Education and Training Series Ergonomic Management PreCare Ergonomic Management focuses on educating upper and middle management on the economic importance of top down support of a proactive ergonomics program. Management is taught the value of integrating ergonomics into the workplace and the positive effect to the bottom line. Communication, understanding, and integration into corporate policy and procedure are all discussed. (Time: 1 Hour) Ergonomics for Suuervisors PreCare Ergonomics for Supervisors emphasizes identification of ergonomic risk factors and different control options available. Supervisors are provided with the knowledge and tools to be leaders in preventing ergonomic injuries in the workplace and are taught how to encourage an ergonomic work ethic. The supervisors are taught how to become the experts within the work environment for their particular departments. (Time: 4 Hours) Ergonomic Team Training PreCare Ergonomic Committee Training helps employers develop or refine an ergonomic team within the company to identify risk factors, develop and implement functional solutions. The Ergonomic Committee is educated on different control options and the importance of involving employees in the solution process. The Ergonomic Committee allows the employer to have a group of in-house experts from all departments and all shifts, which can drive sustainable ergonomic results. (Time: 4 Hours) Emplovee Training PreCare Employee Training focuses on educating the employee in injury prevention and solutions. Employees are taught basic anatomy, safe postures, common risk factors, and proper body mechanics. The trainings are focused to teach employees how to reduce risk factors and work smarter. Specific customized employee training modules are listed below: (Time: 2 Hours) ■ Low Back Injury Prevention ■ Upper Extremity Injury Prevention ■ Office Ergonomics Work -N -Stretch PreCare Work -N -Stretch designs customized stretches for different physical demands of a job(s). Structured routines of brief effective work stretches and recovery periods counterbalance and offset repetitive motions, heavy forces, and awkward postures. The employees are able to apply self -responsibility to prevention of musculoskeletal injuries. Pre -Placement Screening PreCare Pre -Placement Screenings are developed and performed to determine if an individual is able to perform the physical requirements of a job. The Pre -Placement Screening is in compliance with the ADA. The employer is able to make non-discriminatory hiring decisions based upon the screening mirroring the essential functions of the job. Earlv Intervention Svmptom Screenings, PreCare Early Intervention Symptom Screenings address early signs and symptoms of potential Musculoskeletal Disorders in the workplace. Employees are encouraged to see the PreCare therapist at the first signs of discomfort. The therapist will screen the signs and symptoms, educate the employee to avoid recurrence and make recommendations for soft tissue first aid. By reporting problems early, employers avoid lost time and minimize cost. X Rehabilitation Therauv at Work PreCare Rehabilitation Therapy at Work is functionally based and outcome oriented. Therapy focuses on keeping the employee in meaningful work with an emphasis on timely and safe return to full duty. Transitional Dutv Development PreCare Transitional Duty assists the employer in developing progressive phases of transitional modified job duties for injured employees. The duties are designed and documented for coordinating medical work releases with functional job tasks. Duties are developed by job positions or on a case-by-case basis. XInternal Case Communication PkCare Internal Case Communication coordinates regular communication with the case manager, physician, payer, and any other ancillary providers. The Internal Communication system expedites return to full duty by communicating the injured employee's progress and anticipated return to full duty. 23>lzibit B Fee Schedule Iniury Prevention Services 1. Early Intervention Symptom Screenings: $65.00 per screen 2. Ergonomic Job Analysis: $165.00 per hour Education and Training Series: a. Ergonomic Management: Time: 1 hour Cost: $300 Number of Attendees: 1-10 Managers b. Ergonomics for Supervisors: Time: 4 hours Cost: $1200.00 Number of Attendees: 1-15 Supervisors c. Ergonomic Team Training: Time: 4 hours Cost: $1200.00 per class Number of Attendees: 1-15 Employees d. Employee Training: (Low Back, Upper Extremity, Office Ergonomics) Time: 2 hours each class Cost: $600 per class Number of Attendee: 1-20 Employees 4. Work -N -Stretch development and implementation: $165.00 per hour 5. Pre -Placement Screenings: a. Development: $165.00 per hour b. Screenings: $65.00 per screen 6. Transitional Duty Development: $165.00 per hour Iniury Treatment Services: 1. Onsite Physical Therapy: $90.00 per treatment session 2. Internal Case Communication: No charge ,AAGORDL CERTIFICATE OF LIABILITY INSURANCE iMoosz PROMMER (310)827-5050 FAX (310)827-6060 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Jaffe Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 13160 Mindanao, Way #204 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Marina del Rey, CA 90292 .Daren O'Neill I INSURERS AFFORDING COVERAGE -INSURED PreCare, Inc. INSURER A: Illinois Union Insurance Co P O Box 315 ' INSURER 9: Philadelphia Indetmni ty Ins Cos Sonoma, CA 95476 I INSURER C: 11 INSURER D IINSURERE: - --- — 'COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY. REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE: POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR R TYPE OF INSURANCE POLICY NUMBER )GL104159 POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/ wyn DATE (M I UMIT'S I GENERAL LIAMUTY 11/02/2001 11/02M EACH OCCURRENCE 15 1, 000, 000 COMMERCIAL GENERAL LIABILITY _:=1 CLAIMS MADE Q OCCUR A X Errors & Omissions GEN'LAGGREGATE LIMIT APPLIES PER- JECT POLICY n PRO - AUTOMOBILE F-] 'LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY — ANY AUTO EXCESS UABIUTY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Directors &Officers PHSD024407 03/01/2002 03/01/2003 S UESCRIPTTON OF OPERATIONSILOCATIONSIVE)gICLEMCLUSIONS ADDED By ENDORSEMENTISPECIAL PROVISIONS FIRE DAMAGE (Any ono fire) MED EXP (Any ora pwr w) PERSONAL B ADV INJURY GENERAL AGGREGATE PRO DUCTS-COMPIOPAGG JCOM21NZO SINGLE LIMIT (Ea acaidant) BODILY INJURY (P_ P�--�) BODILY INJURY (Px mccidw-A) PROPERTY DAMAGE (Per accident) S S IAUTOONLY-EAACCIDENT S OTHER THAN EA ACC S AUTO ONLY. AGGI o EACH OCCURRENCE S AGGREGATE S S S S VVU TORY LIMIUT3 I �OER I E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE S EL. DISEASE -POLICY LIMIT $ $1,000,000 Aggregate $1,000,000 Each Occurrence $25,000 Deductible Each Claim -ertificate Holder Is Additional Insured as respects to the work performed by the insured -10 days notice of cancellation for non-payment CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DFSCWBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City Of San Raphael _'30 UAY5 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Sharon Andrus -Risk Manager BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABRM P.O. BOX 151560 OF ANY KIND UPON THU COMPA GENTS OR REPRESENTATIVES. San Raphael, CA AUTHORIZED REPRESENTATIVI': Judy Claman-Fantasia Xr COR CORPd TION 1988 AGORD 25•8 (7197) 8A i w ri.L . _`� • .c _ ii N.: t f.. . < �1I�G(Y11.d1aq.JA:A13,•.•L{?..v�..4..d..}Id:i :.c .. .....xb.�-.-.. -.. . . .. �;.Jy`y., n-.. ..,... .a ......... . 70 'r) b7: qT 7n. 77 6nH n4na) 7RnTC - xP a 1 )KI7:jnN 7-)KII4NnCKIT sur OCT, 16. 2002 4:39PM NO, 9143 P. 212 POLICYHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPRNSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE OCTOBER 16, 2002 GROUP: POLICY NUMBER: 1674117-2001 CERTIFICATE ID: 4 CERTIFICATE EXPIRES: 11-21-2002 11-21-2001/11-21-2002 CITY OF SAN RAPHAEL ATTN: SHARON ANDRUS PO BOX 151560 SAN RAPHAEL CA 94915 This Is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to Its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. AUTHORIMI) REPRESENTATIVE PRESIDENT EMPLOYER'S LIABYLITY LIMIT XNCLUDING DEFENSE COSTS! $1,000,000 PER OCCURRENCE EMPLOYER PRE CARE INC 508 EAST NAPA ST SONOMA CA 95476 SCIF 10265 fEPF•111: LY 1 ACORDTM, I CERTIFICATE OF INSURANCE I ISSUE DATE 10/17/2002 PRODUCER I This certificate is issued as a matter of information only and confers no rights AON RISK SERVICES, INC. OF NEW YORK upon the Certificate Holder. This Certificate does not amend, extend or alter the 685 THIRD AVE coverage afforded by the policies below. 7TH FLOOR COMPANIES AFFORDING COVERAGE NEW YORK, NY 10017-4024 INSURED ADMINISTAFF COMPANIES, INC. 19001 CRESCENT SPRINGS DRIVE KINGWOOD, TX 77339 SEE BELOW Company Lumbermens Mutual Casualty Co A Company B Company C Company D Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE LIMITS OF LIABILITY LT EXPIRATION GENERAL LIABILITY EACH OCCURRENCE ❑ Commercial General Liability FIRE DAMAGE EI Claims Made El Occurrence MEDICAL EXPENSE ❑ Owners' and Contractors' Protection ❑ PERS. AND ADVERTISING INJURY ❑ 1 GENERAL AGGREGATE General Aggregate Limit applies per: PRODUCTS AND COMP. OPER. AGG. ❑ Policy ❑ Project ❑ Location AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT J J ❑ Any Automobile BODILY INJURY (Per person) I ❑ All Owned Automobiles Ell Scheduled Automobiles BODILY INJURY (Per accident) ❑ Hired Automobiles PROPERTY DAMAGE (Per accident) ❑ Non -owned Automobiles COMPREHENSIVE ❑ COLLISION 1 A WORKERS' COMPENSATION 5BA 176165-00 10/01/2002 WC Statutory Limit I x I Other AND EMPLOYERS' LIABILITY 10/01/2003 EL EACH ACCIDENT Is 1,000,000 EL DISEASE (Each employee) $ 1,000,000 l EL DISEASE (Policy Limit) $ 1,000,0001 EXCESS LIABILITY EACH OCCURRENCE ❑ Occurrence []Claims Made J AGGREGATE I I " PRECARE INC. (1203400) IS COVERED THROUGH BLANKET ALTERNATE EMPLOYERS ENDORSEMENT FOR ALL EMPLOYEES UNDER CLIENT SERVICE AGREEMENT. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Authorized Representative City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 } e V Certificate ID # 7DUWCHPZ j