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Home My WebLink AboutCC Resolution 8880 (Hepatitis B Series)RESOLUTION NO. 8880 A RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH FIRST MED MARIN MEDICAL CLINIC TO PROVIDE HEPATITIS B SERIES INOCULATION SERVICES WHEREAS, the City of San Rafael has need for a medical provider to provide Hepatitis B series inoculation services for employees who occupy job classifications that have been determined to have exposure to bloodborne pathogens; and WHEREAS, a proposal from FIRST MED MARIN MEDICAL CLINIC has been thoroughly reviewed by the City staff. 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, an agreement between the City of San Rafael and FIRST MED MARIN MEDICAL CLINIC, designating FIRST MED MARIN MEDICAL CLINIC as the City's primary provider of Hepatitis B series inoculation services. The term of this Agreement is from April 19, 1993 through April 18, 1995. This Agreement shall be renewed on April 19, 1995 and run from year to year unless terminated by either party giving sixty (60) days notice to the other party that the Agreement will not be renewed. 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, held on Mondav , the 19th day of April , 1993, by the following vote , to wit: AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen �• JEA b M. LEONCI�Citylerk ORIGINAL ta�o PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 19th day of April, 1993, by and between the City of San Rafael, a political subdivision of the State of California, hereafter referred to as "City" and First Med Marin Medical Clinic ( hereafter referred to as "Contractor"). The parties hereto do agree as follows: 1. Contractor shall serve as the City's primary provider of Hepatitis B series inoculation services for employees in job classifications that have been determined to have exposure to bloodborne pathogens. (See Attachment A.) 2. Contractor shall administer the Hepatitis B series inoculations to employees in the designated job classifications. The City agrees to provide the Hepatitis B vaccine. Contractor shall provide all other materials necessary for administering the inoculations. 3. Contractor agrees to provide information to employees about bloodborne diseases and the Hepatitis B vaccine. 4. Contractor agrees to maintain medical records on each individual to whom the Hepatitis B series inoculations are administered. Such records shall remain confidential and will be made available only to the Assistant City Manager or other person designated by the Assistant City Manager, except as may be required by law. The Contractor is required to transfer all records to the Assistant City Manager at the expiration or rightful termination of the Agreement. The Contractor is responsible for keeping sufficient documentation to support appeals of any decision. 5. In consideration of performance of the aforesaid services, the City agrees to pay Contractor a sum not to exceed $3,000 for Hepatitis B inoculation services administered to up to 150 current employees. Should the number of current employees to be vaccinated in the initial inoculation program exceed 150, the City agrees to pay the sum of $20/person for each additional employee vaccinated. The City further agrees to pay the sum of $20/person for an ongoing Hepatitis B series inoculation program for persons newly hired or reassigned to the designated job classifications. i .The term of this Agreement is from April 19, 1993 through , April 18, 199147- This Agreement shall be renewed on April 19, OA, �199�and run from year to year unless terminated by either party giving the other party hereto at least sixtv (60) days written notice that the Agreement will not be renewed. No modification or amendment of this Agreement shall be valid unless it is in writing and executed by both parties. 7/.38 7. The parties hereto agree that Contractor (including Contractor's agents, servants and employees) is not an agent or employee of the City of San Rafael, but is an Independent Contractor solely responsible for Contractor's acts. 8. Contractor agrees to defend, indemnify, protect, and hold the 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 Contractor employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor and its agents, officers or employees, in performing the work or services herein described, and all expenses of investigating and defending against same; provided, however, that Contractor's 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. 9. Without limiting Contractor's indemnification, it is agreed that Contractor shall maintain in force at times during the performance of this agreement insurance limits no less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage for General Liability and Medical Malpractice Liability, and the statutory limit for Workers' Compensation Employers Liability insurance. In Contractor's Liability insurance policy, The City of San Rafael shall be named as an additional insured as respects operations of the named insured performed under contract with the City of San Rafael. Insurance policies covered by this paragraph shall not be cancelled, limited or non -renewed until after thirty (30) days written notice by certified mail, return receipt requested, to the Assistant City Manager, City of San Rafael. Certificates of insurance evidencing the coverages required by the clauses set forth above shall be filed with the Assistant City Manager, City of San Rafael, prior to the effective date of this agreement. 10. Contractor'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 Contractor's insurance and shall not contribute with it. 11. During the performance of this Agreement, Contractor, for itself, its assignees, and successors in interest, agrees to comply with the Executive Order 11246 entitled "Equal Employment Opportunity" as labor regulations (41 C.F.R. Part 60). 12. 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 to the City in care of: Assistant City Manager City of San Rafael POB 151560 San Rafael, CA 94915-1560 and to contractor at: First Med Marin Medical Clinic 25 Bellam Blvd., Suite 101 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. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first written above. CITY OF SAN RAFAEL ATTEST: EE4AEM• NNE M t EONCINI City Clerk FIRST MED MARIN MEDICAL CLINIC APPROVED AS TO FORM: 6.2�IC14F �� GARY T. RAGGHIANTIG City Attorney By: w4c RO-" Title: Mavor Date: By: Title: /�• Date: .1 ATTACHMENT A JOB CLASSIFICATIONS DETERMINED TO HAVE EXPOSURE TO BLOODBORNE PATHOGENS POLICE DEPARTMENT Police Chief Police Captain Police Lieutenant Police Sergeant Police Corporal Police Officer Police Records Clerk Police Service Aide Parking Enforcement Officer Park Ranger Property Evidence Technician Reserve Officer Marine Auxiliary Officer FIRE DEPARTMENT Fire Chief Division Chief Fire Marshall Training Officer Deputy Fire Marshall Fire Inspector Fire Captain Fire Engineer Firefighter Paramedic Fire Dispatcher PUBLIC WORKS DEPARTMENT Public Works Director Assistant Parks Superintendent Groundsworker I/II Groundsworker III Supervising Groundsworker Sewer Maintenance Worker I/II Sewer Maintenance Worker III Supervising Sewer Maintenance Worker Sewer Maintenance Supervisor RECREATION DEPARTMENT Aquatic Specialist I/II Child Care Center Director Child Care Instructor II (Full-time)