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HomeMy WebLinkAboutResolution - 2006-R0406 - Resolution Agreeing To Provide Drug_Alcohol Screening - Lubbock Occupational Hea - 08_24_2006Resolution No. 2006-RO406 August 24, 2006 Item No. 5.15 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement to provide the drug/alcohol screening and the non -civil service pre -employment and promotional exams, per RFP #06-042-RW, by and between the City of Lubbock and Lubbock Occupational Health of Lubbock, Texas, and related documents. Said agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this ATTEST: Garza, City Secretary APPROVED AS TO YY\ 24th day of August , 2006. DAVID A. MILLER, MAYOR CO NT: �2 Steve Synck, Interim Director of Uuman Resources APPROVED AS TO FORM: L. Wade, Natural Resources Attorney docs/Agrmnt-Lubbock Occupational Health.res 18, 2006 Resolution No. 2006-RO406 EMPLOYMENT PHYSICAL EXAMINATIONS AND DRUG/ALCOHOL SCREENING RFP#06-042-RW THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement") is entered into this day of August 30, 2006 by and between the City of Lubbock, Texas (the "City") and United Occupational Physician Group PA dba Lubbock Occupational Health Center, Inc. of Lubbock, Texas (the "Service Provider"). WHEREAS, the City desires, pursuant to the terms and conditions of this Agreement, to engage the Service Provider to perform the services set forth herein; and WHEREAS, the Service Provider desires to perform the described services pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Service Provider hereby agree as follows: TERMS: A. This Agreement shall be effective for one (1) year, commencing August 30, 2006, and continuing until August 29, 2007, and shall automatically renew for two (2) additional one year terms, upon the expiration of its initial term. B. Either party may terminate this agreement upon providing ninety (90) days prior written notice to the other party. C. City agrees to pay Providers pursuant to Section A-E for the service provided under this agreement within thirty (30 days of receipt by City's Human Resources Department of a "clean claim" from Service Provider. A "clean claim" is defined as a claim for authorized services, with supporting documentation, rendered by the Service Provider at the request of the City's Human Resources Department. D. This agreement may be amended or modified only by a further instrument, in writing, executed by both parties. E. To the extent allowed by the laws and the Constitution of the State of Texas, each party agrees to indemnify, defend and hold the other party, its officers, employees and agents harmless in the performance of this Agreement. F. Service Provider will perform the services requested by the City for fees indicated in Exhibit A, attached hereto and incorporated herein by reference for all purposes (the "Fees"), to include non -civil service pre -employment and promotional physicals and all drug and alcohol screening services. G. Service Providers will submit reports with final recommendations no later than fifteen (15) days following the service. Failure to timely submit this report shall negate the obligation of the City to honor paying the claim for the service. H. This Agreement may be assigned upon mutual agreement, in writing, by both parties. INSURANCE: General Liabilitv: Service provider's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $1,000,000 each occurrence and in the aggregate and shall include the following: • Bodily Injury and Property Damage • Broad Form Contractual Liability • Personal Injury and Advertising Injury • Products and completed operations Professional Liabilitv: Service Provider shall procure and maintain during the term of this Agreement Professional Liability insurance in the amount of $1,000,000. Business Automobile Liabilitv: Service provider's insurance shall contain a combined single limit of at least $300,000 per occurrence, and include coverage for but not limited to the following: • Bodily injury and property damage • Any and all vehicles owned, used or hired Workers' Compensation and Employers Liability Insurance: Service provider shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Service provider shall maintain said coverage throughout the term of this Lease and shall comply with all provision of Title 5 of the Texas Labor Code to ensure that the Service provider maintains said coverage. Any termination of workers' compensation insurance coverage by Service provider or any cancellation or non -renewal of workers' compensation insurance coverage for the Service provider shall be a material breach of this contract. The service provider may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease policy limit, and $500,000 by disease each employee shall also be obtained and maintained throughout the term of this Lease. Other Insurance Requirements: Service provider's general liability insurance policy, through policy endorsement, must include wording, which states that the policy shall be primary and non-contributory with respect to any insurance carried by City of Lubbock. The certificate of insurance described below must reflect that the above wording is included in evidenced policies. All policies must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. IN WITNESS, WHEREOF, The undersigned parties bind themselves to the faithful performance of this Agreement. EXECUTED this 30th day of August, 2006 UNITED OCCUPATIONAL PHYSICIAN GROUP PA DBA LUBBOCK OCCUPATIONAL HEALTH CENTER, INC. Name: �S'TY�Iu •�'12.R.Z'� %� Title: A11-104CR-- CITY OF LUBBOCK ATTEST: David A. Mill r, Mayor Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Steve Synck, I terim Director of Human Resources APPROVED AS TO FORM: �pq,John Knight, Assistant City Attorney E-�hl-6 �A Resolution No. 2006-RO406 CITY OF LUBBOCK • PRICING PROPOSAL SHEET "A" STANDARD PRE-EMPLOYMENT/PRONIOTIONAL PHYSICALS (To be completed and returned with Proposal) PRICING A.1 STANDARD PRE-EMPLOYMENT/PRONfOTFONAL PHYSICALS 1. Does this include: t a. Background information? MYes QNo b. General Exam? (Yes ONo c. X-rays? ❑Yes ®No If yes, how many? d. Urinalysis? ®Yes ❑No e. Other Test required? []Yes ®No If yes, examples: S 2a 00 A.2 STANDARD PRE-EMPLOYMENT/PROMOTIONAL PHYSICALS (NV/SCBA) 1. Same qualifications as (A) above with additional SCBA testing only: S 48 - 00 1. For Housing Abatement Requirements N A DESCRIBE COMPONENTS OF PHYSICAL: • 25 i ii) Test Components Lubbock Occupational Health Center physicians have been called upon to aid employers in creating pre -placement and regulatory physical examinations. We have adopted a standard examination that we feel covers a wide number of job classifications. However, with the City having their own employment physical recommendations, we will implement these forms at the clinic along with Lubbock Occupational Health Centers exam. Lubbock Occupational Health Center's standard philosophy and practice in attending pre -placement examinations are as follows: The physician will carefully review the history before proceeding with the physical examinations. Each blank or positive response is followed -up on and a determination is made if the applicant was able to complete the history. Of special significance in Occupational Medicine, is the fact that persons who are being evaluated for hire or placement are not required to divulge past medical problems if they perceive such revelation might prejudice their chances of job placement. The physician must be particularly alert and persistent in obtaining accurate medical histories by using good interpersonal skills with effective and sensitive communication skills. One of the most important factors in both medical and occupational history is identifying and factoring any past injuries and illnesses. If there is such history, then all details are obtained. Inquiry will be made about what treatment was obtained and by what type of practitioner, and if there was any hospitalization. It is a necessity for the physician to be this detailed in the examination process. Lubbock Occupational Health Center's standard examination assesses the following systems: ✓ Musculoskeletal examination ✓ Gastrointestinal examination ✓ Skin and Lymphatic examination ✓ Evaluation of the Cardiovascular system ✓ Complete occupational/medical evaluation ✓ Evaluation of the respiratory system ✓ Head; eyes, ears, nose and throat evaluation ✓ Neurological evaluation ✓ Visual activity and vital signs. 0 • CITY OF LUBBOCK PRICING PROPOSAL SHEET "F DRUG/ALCOHOL SCREENING (To be completed and returned with Proposal) H.1 DRUG SCREEN 1. Cost of Urinalysis with screening: 2. Does this include screening for all of the following: a. Marijuana? b. Cocaine? c. Amphetamines? d. Opiates (including Heroin)? .e. Phencyclidine? 3. Does this include expert testimony? If yes, indicate cost. HZ ALCOHOL 1. Cost of Breath Alcohol testing with screening: 2. Does this include expert testimony? If yes, indicate cost. DESCRIBE COMPONENTS OF PHYSICAL: ©Yes ONo J]Yes []No ®Yes ❑No ®Yes ❑No ®Yes ONo ®Yes ❑No PRICING 0 S 22.00 $ 110/hr 15.00 ®Yes ONo $ 110/hr RFP#6-042-R W,doc 36 iii) Intake and Examination Procedures Lubbock Occupational Health Centers' hours of operation are Monday through Friday, 7:30 a.m. — 5:30 p.m. with no appointment necessary. Dr. Samuel Morgan is available Monday through Friday, 8:00 a.m. — 5:00 p.m. However, regarding drug screening and breath alcohol screening, our medical staff is on call 24 hours/day, 7 days per week. This on -call staff is available for Drug and Alcohol screenings at. both the clinic and on -site at the employers' location. (Please see after -hour protocol attached) The medical facility is designed to accommodate a large number of physicals. The facility has six (6) exam rooms, one (1) audiometric testing room, one (1) trauma rooms, two (2) NIDA, SAMSHA approved drug screen collection sites, on -site X-ray, and 1500 sq. foot physical therapy department. Lubbock Occupational Health Center intake procedure is as follows: The employee shows up at the clinic from the hours of 7:30 a.m. — 5:30 p.m., Monday - Friday and will present a yellow Lubbock Occupational Health Centers' authorization form (see in form section) and/or City of Lubbock authorization form. The clinic staff will enter the employee's name into our computer'system (Styx), under the account — . City of Lubbock. All of the demographics of who to contact, division number, all standard and special requests and any other information that might be pertinent to the City of Lubbock will be printed out for our staff to follow which will allow for consistency. This will allow the City of Lubbock employees to be seen quickly. The City of Lubbock employee will be given the medical history to complete. Once completed, the employee will be taken to an examination room where physician will go over the medial history and proceed with the examination. If the physician finds any abnormalities, an X-ray or other appropriate tests might be necessary for a complete assessment. However, if this occurs, the City of Lubbock will be notified for authorization to proceed. Once the physician has completed the examination, the patient returns to the front office and receives the appropriate paper work and is free to leave. The physician will then contact the appropriate person at the City of Lubbock to discuss any concerns that arose. 0