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HomeMy WebLinkAboutResolution - 2002-R0309 - Contract To Provide Drug_Alcohol Screenings - Occmed Associates - 08_29_2002Resolution No. 2002—RO309 August 29, 2002 Item No. 39 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, a Contract to provide drug/alcohol screenings and physicals for employees and applicants, by and between the City of Lubbock and OccMed Associates of Lubbock, Texas, and related documents. Said Contract 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 29th day of August , 2002. ARC MCDO GAL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Mary House Director of Human Resources APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs/ccdocs/Contract-OccMed Assoc. res August 20, 2002 Y Page 1 of 2 s r Resolution No. 2002—RO309 REQUEST FOR EXEMPTION FROM LOCAL GOVT CODE 252 (For Expenditures Over $3,000) Name of Managing Director Submitting Request: Mary House Division: Human Resources Department: Human Resources 1. Provide a detailed description of item(s) or service(s) exempt from the Texas Local Government Code per §252.022 and an explanation why the items(s) or service(s) are necessary. Explain what the items are, how the items will be used, who will use the items, when and where the items will be used. ADA substantially impacts the hiring and retention of persons with disabilities, and therefore the City of Lubbock must address the procedures used to determine an applicant's physical capabilities to perform specific job functions. The City of Lubbock desires to develop an on -going relationship with physicians who have knowledge of and/or training in occupational medicine. A close relationship must exist in order for physicians to understand the nature of work for many of our employees, so that proper judgments can be made concerning employment. Since ADA requires that the employer make reasonable accommodations for applicants or current employees who become disabled, the City relies on the expert opinion of its physician(s) for help in determining avenues for accommodating employees/applicants. Statutory exemption for (Circle one or more if applicable): (1) a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of the municipality; (In case of emergency, a contract may be awarded without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. Attach Emergency Purchase Explanation Form PUR-075 to this request.) (2) a procurement necessary to preserve or protect the public health or safety of the municipality's residents; (Attach Emergency Purchase Explanation Form PUR-075 to this request.) (3) a procurement necessary because of unforeseen damage to public machinery, equipment, or other property; 0(4�a procurement for personal or professional services; (5) a procurement for work that is performed and paid for by the day as work progresses; (6) a purchase of land or a right-of-way; a procurement of items that are available from only one source, including; (Attach Sole Source Justification Form PUR-070. Upon a determination in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. Please allow up to 45 days to process Sole Source Justification,) (A) Items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; (B) Films, manuscripts, or books; (C) Electricity, gas, water, and other utility services; (D) Captive replacement parts or components for equipment; (E) Books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; (F) Management services provided by a nonprofit organization to a municipal museum, park, zoo, or other facility to which the organization has provided significant financial or other benetlts; (8) a purchase of rare books, papers, and other library materials for a public library; (9) paving drainage, street widening, and other public improvements, or related matters, if at least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; PUR-010 (Rev 6102) Page 2 of z (10) a public improvement project authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters; (11) a payment under a contract by which a developer participates in the construction of a public improvement as provided by Subchapter C, Chapter 212; (12) personal property sold. (A) at an auction by a state licensed auctioneer, (B) at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business & Commerce Code; (C) by a political subdivision of this state, a state agency of this state, or an entity of the federal government, or (D) under an interloca/ contract for cooperative purchasing administered by a regional planning commission established under Chapter 391; (13) services performed by blind or severely disabled persons; (14) goods purchased by a municipality for subsequent retail sale by the municipality; or (15) electricity. Factual justification for request (Give a brief summery why this request falls within one or more of the exceptions circled in paragraph 2 above.): Dr. Dmitry Golovko is the only -'Board Certified licensed Occupational Mediciiie�physician currently practicing in the City of Lubbock, Texas. REQUISITION #: REQUISITION AMOUNT: $ Approval must be obtained from the Fleet Services Manager when the purchase includes rolling stock (e.g., autos, trucks, off -road equipment, farm equipment, trailers, utility/service bodies, etc.). Signature of Fleet Services Manager Date Approval must be obtained from the Manager of Information Technology when the purchase includes any computer systems, computer hardware, computer software, or computer peripherals. Signature of Manager of Information Technology Date RECOMMENDED AND SUBMITTED BY: oQ, Signature of MAhaging Director Date EXEMPTION APPROVED AND AUTHORIZED BY: igna ure of Contract nager/Attorney � , a-o' y, -, Signature of Purchasing Manager ell Date Date T�— PUR-010 (Rev 6102) r CITY OF LUBBOCK Sole Source Justification Vendor:OccMed Associates LLP of. Lubbock Product/Service: Physical and Drug/Alcohol Screenings Estimated annual expenditure for the above commodity or service: $ 155,000 Initial all entries below that apply to the proposed purchase. Attach Request for Exemption from Local Govt Code 252 (form PUR-010) containing complete justification and support documentation as directed in initialed entry. (More than one entry will apply to most sole source products/services requested). SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER OR PROVIDER, THERE ARE NO REGIONAL DISTRIBUTORS. (Attach the manufacturer's written certification that no regional distributors exist. Item no. 4 also must be completed.) SOLE SOURCE REQUEST IS FOR THE ONLY GREATER WEST TEXAS .AREA DISTRIBUTOR OF THE ORIGINAL MANUFACTURER OR PROVIDER. (Attach the manufacturer's —not the distributor's — written certification that identifies all regional distributors. Item no..4 also must be completed.) THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum.) 4. XX THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of specialized function or application.) 5. THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION. (Attach memorandum describing basis for standardization request.) 6. NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION FOR THIS SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM. The undersigned requests that Texas Local Government Code §252.021 Competitive Bidding and Competitive Proposal Requirements be waived and that the vendor identified as the supplier of the service or material described in this sole source justification be authorized as a sole source for the service or material. DEPARTMENT HEAD SIGNATURE MANA�G�IIN"G(61RECTOR SIGNATURE DEPARTMENT DIVISION DATE (PURCHASING DEPARTMENT USE ONLY) APPROVED BY PURCHASING:�V_� DATE: DISAPPROVED BY: DATE: REASON FOR DISAPPROVAL: (Please allow up to 45 days to process Sole Source Justification.) PUR-070 (Rev 6/02) Resolution No. 2002-RO309 EMPLOYMENT PHYSICAL EXAMINATIONS AND DRUG/ALCOHOL SCREENING This Agreement is entered into this 29th day of August, 2002, by and between the City of Lubbock ("Payor") and OccMed Associates, LP ("Providers"). WHEREAS, in response to a request for proposal by Payor to provide employment physicals and drug and alcohol screening services to Payor, Providers submitted a proposal to Payor; and WHEREAS, Providers include an Occupational Medicine Clinic which has the knowledge and training necessary to provide the desired services and desire to make their facilities and services available to Payor; and WHEREAS, Payor and Providers, as parties to this Agreement, desire to establish a relationship, to ensure their mutual success and to define their respective rights and responsibilities to each other; NOW THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, it is agreed by and between the parties hereto as follows: I. 1DESCRIPTION OF SERVICES A. Providers shall perform the duties described in Payor's Request for Proposal #225-01/RW, that originally closed on October 4, 2001, including but not limited to, employment physicals and drug/alcohol screening. Such duties shall be performed by Providers at the request of the Payor's Human Resources Department. B. The rate structure is set forth in Pricing Proposal Sheets A, B, C, D, E, and F, attached hereto and incorporated herein by reference. The Providers' services shall include physician fees, facility fees, and other support staff. EMPLOYMENT PHYSICAL EXAMINATIONS AND DRUG/ALCOHOL SCREENING II. TERMS A. This Agreement shall be effective for one (1) year, commencing August 29, 2002, and continuing until August 31, 2003. B. Either party may terminate this Agreement upon providing ninety (90) days prior written notice to the other Party. C. This Agreement shall not be assigned by either party without the prior consent of the other party. D. Payor agrees to pay Providers pursuant to Request for Proposals # 225-01RW for the services provided under this Agreement within thirty (30) days of receipt by Payor's Human Resources Department of a clean claim from Providers. A "clean claim" is defined as a claim for authorized services, with supporting documentation, rendered by providers at the request of the Payor's Human Resources Department. E. This Agreement may be amended or modified only by a further instrument in writing executed by the parties hereto. F. Insofar, as 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 from any and all claims for damages or injuries proximately caused by any act or omission of the indemnifying party, its officers, employees and agents in the performance of the Agreement. G. Providers will perform the services requested by Payor for fees indicated in Pricing Proposal Sheets A, B, C, D, E, and F, to include employment physicals, drug and alcohol screening services, or other solicited services, as requested. III. CONFIDENTIALITY A. Insofar, as allowed by the laws and the Constitution of the State of Texas, each party agrees to keep the contents of this Agreement and the rate structure confidential. Any breach of this confidentiality will be cause for immediate termination of this Agreement. 2 EMPLOYMENT PHYSICAL EXAMINATIONS AND DRUG/ALCOHOL SCREENING IN WITNESS WHEREOF, the undersigned parties bind themselves to the faithful performance of this agreement. FOR PAYOR: City Lubbock Marc McDougal Attest: Rebecca Garza City Secretary Approved as to Content: -79M -;9� Mary Hous Director of Human Resources Approved as to Form: William de Haas Contract Manager Q61:''6Vj1_'.3 OccMed Associates, LP ryce Olso Executive Director Date: OCC-MED ASSOCIATES, LP PRICING PROPOSAL SHEET "A" STANDARD PRE-EMPLOYMENT/PROMOTIONAL PHYSICALS PRICING A. 1. STANDARD PRE-EMPLOYMENT/PROMOTIONAL PHYSICALS 1. Does this include: a. Background information? X Yes No b. General Exam? X Yes No c. X-Rays? Yes X No If yes, how many? d. Urinalysis? Yes X No e. Other Test required? Yes X No If yes, examples: $39.00 (99385, S) $39.00 (99385, S). A. 2. STANDARD PRE-EMPLOYMENT/PROMOTIONAL PHYSICALS (W/SCBA) 1. Same qualifications as (A) above with additional SCBA testing only: $58.00(94375) DESCRIBE COMPONENTS OF PHYSICAL: See attached list of physical components and break down of fees located at the end of Section H. Additional tests as indicated for additional fee. Aff professional interpretation fees are not included in this bid. n OCC-MED ASSOCIATES, LP PRICING PROPOSAL SHEET "B" FIRE PRICING B. 1. STANDARD FIRE PHYSICALS OSHA 29 CFR 1910.134 . 1. Cost SCBA Testing: $97.00 99385, R Respirator Qualification B. 2. FIRE NPA 1582 PHYSICALS 1. Cost NFPA 1582 Medical standards: $178.00 99385, F B. 3. HAZARDOUS MATERIAL OSHA 29CFR 1910.120 $375.00 99385, H DESCRIBE COMPONENTS OF PHYSICAL: All of the above charges are bundled charges -see attached list of physical Components and break down of fees located at the end of Section H. Additional tests as indicated, for an additional fee. Any professional interpretation fees are not included in this bid. P 5 C. 1. NFPA 1500 (8-6, 1-4, 8-7.1) C. 2. NFPA 1581 A,B OCC-MED ASSOCIATES, LP PRICING PROPOSAL SHEET "C" FIRE Paper/Chart Review Hands-on Return to Work C. 3. ASBESTOS EXAMS C. 4. REHABILITATION SERVICES C. 5. EXPERT SERVICES Expert Testimony Consulting, Advising, Researching DESCRIBE COMPONENTS OF PHYSICAL: PRICING $ 34.00 — Level 1 (99499, A) $45.00 — Level II (99499,_M $140.00 (99244, C) $240.00 (99385, A) 95% per TWCC Guidelines $120.00 (per hour — 99075) $120.00 (per hour-99499, D) Asbestos physical is a bundled fee — see attached list of physical components and breakdown of fees at the end of Section H. Additional tests as indicated for additional fee. Any professional interpretation fees are not included in this bid. t 6 OCC-MED ASSOCIATES, LP PRICING PROPOSAL SHEET "D" WORKSITE ASSESSMENT PRICING D. WORKPLACE DISABILITY ASSESSMENT/RECOMMENDATION 1. Worksite Assessment: _$120.00 per hour 99078, A 2. Physical Exam and Medical Record evaluation: * $120.00 99456 3. Does this include expert witness testimony: X Yes No (*)Numbers 1 and 2, above, require written recommendations. Expert Testimony $120.00 per hour 99075 DESCRIBE COMPONENTS OF WORKSITE ASSESSMENT AND PHYSICAL: See attached worksite assessment components located at the end of Section H. 7 OCC-MED ASSOCIATES, LP PRICING PROPOSAL SHEET "E" DRUG/ALCOHOL SCREENING PRICING E. 1. DRUG SCREEN 1. Cost of Urinalysis with screening: $30.00 NON 80100, A $36.00 DOT 80100, B $109.00 ED 80100, C 2. Does this include screening for all of the Following: a. Marijuana? X Yes No b. Cocaine? X Yes No c. Amphetamines? X Yes No d. Phencyclidine? X Yes No 3. Does this include expert testimony? X Yes No If yes, indicate cost. $120.00 per hour 99075 E.2. ALCOHOL 1. Cost of Breath Alcohol testing with $20.00 82075 Screening: $28.00 ED 82075, A 2. Does this include expert Testimony? X Yes No If yes, indicate cost. $120.00 per hour 99075 DESCRIBE COMPONENTS OF PHYSICAL: See attached drug screen prices located at the end of Section H. E OCC-MED ASSOCIATES, LP No. 25 Briercroft Office Park • 54lh and Ave. Q Lubbock, TX 79412 •806-795-7433 ALL PHYSICALS AND COMPONENTS ARE BUNDLED SERVICES ANY ADDITIONAL TESTS ARE PRICED SERPERATELY. THE ONLY SERVICE THAT INCLUDES A PROFESSIONAL INTERPRETATION FEE IS THE X-RAY/B- RED - ALL OTHER PROFESSIONAL INTERPRETATIONS ARE NOT INCLUDED IN PRICING - SERVICES ARE TO BE BILLED DIRECTLY TO THE CITY FROM THE PROVIDER PROVIDING THE SERVICE. i C Q, OCC-MED ASSOCIATES, LP PRICING PROPOSAL SHEET "F" (''TTV nF T TTPI-POCY PR TOP RNFFT PROCEDURE CPT CODE V9-CHARGES PROPOSED DISCOUNT % Asbestos Exam (bundled charge) 99385, A $414 $240 42 Audiometry'- Level 1 - audio only 92552 $46 $25 46 Audiometry - Level 2 - audio/qualification 92552, A $46 $41 10 Automated Chemistry-CMP 80053 $28 $22 20 Basic Tuberculosis Exam 99202 $118 $39 67 Blood Typing 86900 $8 $8 0 Breath Alcohol 82075 $32 $20 37 Chest X-Ray (1 view) 71010 $73 $39 46 Chest X-Ray/B-Read (1 view) 71010, A $98 $67 31 Complete Blood Count (CBC) 85025 $23 $22 3 Consulting, Advising, Researching (per hour) 99499, D $150 $120 20 DOT Drug Screen 80100, B $109 $36 67 Electrocardiogram (EKG) 93000 $73 $56 23 ED Drug Screen 80100, C $109 $109 0 ED Breath Alcohol 82075 $32 $28 13 Expert Testimony (per hour) 99075 $150 $120 20 Fire Physical (includes PFT & Audio) (bundled charge) 99385, F $362 $178 51 Hands-on Return to Work Exam (under NFAP 1500) 99244, C $225 $140 38 HAZMAT/Div.er Physical (bundled charge) 99385, H $628 $375 40 Hep B, (per injection) 90746 $77 $50 35 HMFZ Screen 83015 $49 $34 31 Lead Screen 83655 $32 $22 30 Lead ZPP 84202 $23 $11 51 Lipid Panel 80061 $35 $22 36 Non -DOT Drug Screen 80100, A $109 $30 72 Paper/Chart Review (level 1) 99499, A $60 $34 44 Paper/Chart Review (level 2) 99499, B $120 $45 63 PFT/Questionnaire (bundled charge) 94375 $91 $58 36 Physical Exam for Worksite Assessment 99456 $695 $120 83 PPD Skin Test 86580 $26 $17 35 Respirator Qualification - SCBA (bundled) 99385, R $110 $97 12 Standard Preplacement Physical 99385, S $225 $39 83 Tetanus Toxoid Injection 90703 $29 $28 3 Titmus Vision 92082 $146 $22 85 Urinalysis 81001 $8 $8 0 Worksite Assessment (per hour) 99078, A $150 $120 20 Average Discount from Standard Charges: 48.1 10 OCC-MED ASSOCIATES, LP PRICING PROPOSAL SHEET "F" CONTINUED CPT DESCRIPTION Asbestos Fire Phys HAZMAT/Dive Respirator Qual STANDARD Drug Screen Prices 99385 PHYSICAL EXAM $106 $87 $87 $39 $39 81001 UA $8 $8 $8 PHY DISCRETION PHY DISCRETION 92552 AUDIO PHY DISCRETION $25 $25 $0 $0 94375 PFT/QUES $58 $58 $58 $0 $0 80053 CMP PHY DISCRETION PHY DISCRETION $23 $0 $0 83655 LEAD SCREEN $0 $0 $22 $0 $0 83015 HMFZ $0 $0 $34 $0 $0 80061. LIPID $0 PHY DISCRETION $22 $0 $0 93000 EKG PHY DISCRETION PHY DISCRETION $56 $0 $0 71010 CHEST'XRAY1 ,, . $0 PHY DISCRETION $39 $0 $0 71010, A XRAY S-READ $67 $0 $0 $0 $0 92082 TITMUS VISION PHY DISCRETION PHY DISCRETION PHY DISCRETION PHY DISCRETION PHY DISCRETION 85025 CBC PHY DISCRETION PHY DISCRETION $0 $0 $0 80100, A NonDOT DS>> $30 80100,13 DOT DS>> $36 80100, C ER DS>> $109 11 'OCC-MED ASSOCIATES, LP PRICING PROPOSAL SHEET "F" CONTINUED Type Screen 8-5 Collection 8-5 DS Price After Hrs % ED DS Price 2417 DS Price Non -DOT 90% $21 10% $109 $30 DOT 90% $28 10% $109 $36 ED DS 90% $109 10% $109 $109 '.ham. Pricing for 24/7 Collections at the Facility based on assumed percentage of 10% or less afterhours. Prices for Non -DOT, DOT, and ED screens remain the same. Increase reflects the above weighting. Single tier pricing was requested, but multi -tier pricing may offer the City price advantages. 12 OCC-MED ASSOCIATES, LP PRICING PROPOSAL SHEET "E" I. NFPA 1500 8-6.1 Dr. Golovko will be designated as the Fire Department physician, as guidelines under NFPA regulations. In his absence, Dr. Golovko will designate another staff physician to serve in his place. 8-6.2-.4 Consulting, advising, and researching matters that relate to the Fire Department Physician duties will be billed at $120.00 per hour (CPT code 99499C). 8-7.1 Physician Reviews of Firefighter Fitness for Duty Releases by Local Physicians II a. 17 R NFPA 1581 paper review I, CPT code 99499A This is a 20-minute review and all of paper review II, CPT code 99499B This is a 30-40 minute review and $30.00 ssary records are present. $40.00 must be requested from other physicians. hands-on return to work exam, CPT c de 99244 $125.00 This is a paper review II and a hands n level 4 exam. A. Tuberculosis Surveillance Program PPD skin test and reading, CPT code 86580 If the PPD is positive: a. b. c Basic examination CPT code 99202 At the physician's discretion, a chest x-ray may be Taken, CPT code 71010 (excludes reading fees) Additional services such as imaging and lab are Priced separately. Any professional Fees such as Radiology and cardiology are not included. Y r $15.00 $35.00 $35.00 13 *If necessary, the physician may prescribe appropriate medications at the visit. B. Immunizations a. tetanus shot, CPT code 90703 $25.00 b. hepatitis B, per injection, CPT code 90746 $45.00 III. Asbestos Exams, CPT code 99385 The following procedures comprise the Asbestos Exam: physical exam, level 2 chest x-ray, PA B-reading respiratory flow volume loop The following procedures are at the physician's discretion, based on the results of the above items, and are priced seperately from the initial physical: EKG audiometry Vision AA chem. complete blood count urinalysis Additional services such as imaging and lab are priced separately. Any professional interpretation fees such as radiology and cardiology are not included. III. Rehabilitation Services Rehabilitation services for work related injuries will be provided at the Occ-Med Associates, LP. Services at the center will be billed at 95% of TWCC rates. V. Expert Services Consulting, advising, testifying and researching matters that relate to the contract will be billed at $120.00 per hour (CPT code 99499C). See attached Request for Service form. a 4 14 Work Place Disability Assessment Work Place Disability Assessment is available to evaluate the work environment Specific to a person and/or a job. It could include one or more of the following: 1) analysis of the physical capabilities of the individual related to a specific job 2) recommendations for adaptation of the job environment or methods to accomplish the work 3) evaluation of the specific physical requirements of the job, and /or 4) the determination of the essential functions of the job 15 City Physical Evaluations Service Questionnaire Special Tests Examination Certification Hearing Conservation Audio Ears STS Evaluation Respiratory (SCBA) Pulmonary PFT Head, Neck,Heart,Lungs Resp. Qualifieation Asbestos Pulmonary & Asbestos PFT & B-read Physical Resp.& Asbestos Qualification Heavy Metals Exposure Blood/urine Exposure Specific Exam Exposure Clearance Exposure Exposure Specific Exposure Specific Exam Exposure Clearance HAZMAT/Diving Pulmonary & History PFT,Audio,EKG,Xray&Lab Physical Resp. Qualification & Clearance NFPA Annual Pulmonary & History PFT,Audio & EKG at 40 Physical Resp. Qualification & Clearance Post Offer/Promotion History Physician Required Physical Clearance 911 Operator I Audio & Vision Ears and eyes Clearance 16