HomeMy WebLinkAboutResolution - 2019-R0366 - HCAA Medical Group Dba Occmed Associates - 10/08/2019 Resolution No. 2019-RO366
Itern No. 6.11
October 8, 2019
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of- the City of Lubbock, Contract No. 14563 for employment physical examinations
and drug/alcohol screening as per RPP 19-14563-SG, by and between the City of Lubbock and
NCAA Medical Group, PA, DBA OccMed Associates, LP, 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 on October 8, 2019
DANIEL. M. POPE, MAYOR
ATTEST:
cf�'?d't-o -/--,
Reb cca Garza, City Se •retai
APPROVED AS TO CONTENT:
Leisa Hutcheson, Director of Human Resources
and Risk Management
APPRO M:
trs A istant City Attorney
vw:ccdocs/RLS.Contract 14563- OccMed Associates, LP
September 23, 2019
Resolution No. 2019-RO366
Contract 14563
City of Lubbock, TX
Employment Physical Examinations and Drug/Alcohol Screening
Agreement
This Service Agreement (this "Agreement") is entered into as of the 8th day of October
2019 by and between HCAA Medical Group, PA dba OccMed Associates, LP , (the Contractor), and
the City of Lubbock (the"City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 19-14563-SG, Employment Physical
Examinations and Drug/Alcohol Screening.
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best
meets the needs of the City for this service; all Employment Physical Examinations with the exception of
Annual Fire Physical and Special Teams Fire Physical, to include Expert Services, and Di1ig/Alcohol
Screening to include Expert Services.
WHEREAS, Contractor desires to perforin as an independent contractor to provide Employment
Physical Examinations and Drug/Alcohol Screening, upon terms and conditions maintained in this
Agreement.
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and
Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A—Employment Physical Examinations Specifications
3. Exhibit B —Drug/Alcohol Screening Specifications
4. Exhibit C—Insurance Requirements
5. Exhibit D—Best and Final Offer
Scope of Work
Contractor shall provide the services that are specified in Exhibit A and B. The Contractor shall comply
with all the applicable requirements set forth in Exhibit C, and D attached hereto.
Article 1
1.1 The contract shall be for a term of one year,with the option of four, one-year extensions, said
date of teen beginning upon formal approval, to commence on November 20, 2019,
"Effective Date". All stated annual quantities are approximations of usage during the time
period to be covered by pricing established by this bid. Actual usage may be more or less.
Order quantities will be determined by actual need. The City of Lubbock does not guarantee
any specific amount of compensation, volume, minimum, or maximum amount of services
under this bid and resulting contract. The Contractor must maintain the insurance coverage
required during the term of this contract including any extensions. It is the responsibility of
the Contractor to ensure that valid insurance is on file with the Purchasing and Contract
Management Department as required by contract or contract may be terminated for non-
compliance.
1.2 The Contractor shall not assign any interest in this Agreement and shall not transfer any
interest in the Agreement, whatsoever, without prior consent of the City.
1.3 All funds for payment by the City under this Agreement are subject to the availability of an
annual appropriation for this purpose by the City. In the event of non-appropriation of funds
by the City Council of the City of Lubbock for the goods or services provided under the
Agreement, the City will tenninate the Agreement, without termination charge or other
liability, on the last day of the then-current fiscal year or when the appropriation made for
the then-current year for the goods or services covered by this Agreement is spent,whichever
event occurs first. If at any time funds are not appropriated for the continuance of this
Agreement, cancellation shall be accepted by the contractor on 30 days prior written notice,
but failure to give such notice shall be of no effect and the City shall not be obligated under
this Agreement beyond the date of termination.
1.4 This contract shall remain in effect until the first of the following occurs: (1) the expiration
date, (2) performance of services ordered, or(3) termination of by either party with a 30 day
written notice. The City of Lubbock reserves the right to award the canceled contract to the
next lowest and best bidder as it deems to be in the best interest of the city.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all put-poses be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock,Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms of
this Agreement shall be binding upon the parties unless reduced to writing and signed by
both parties.
2.4 This Agreement may be executed in counterparts,each of which shall be deemed an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of
any parties otherwise to insist upon strict performance of any provision hereof shall not
constitute a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the
City to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and negotiated
between the Parties for resolution. In the event that the Parties are unable to resolve the
claims, disputes, or other matters in question within 30 days of written notification from the
aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies
available at law or in equity.
2.9 At any time during the term of the contract, or thereafter, the City,or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times,
reserves the right to audit Contractor's records and books relevant to all services provided to
the City under this Contract. In the event such an audit by the City reveals any errors or
overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within 30 days of such audit findings, or the City, at its option, reserves the
right to deduct such amounts owing the City from any payments due Contractor.
2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation,the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process
prior to exercising its unrestricted right to seek judicial remedy.The remedies set forth herein
are cumulative and not exclusive, and may be exercised concurrently, To the extent of any
conflict between this provision and another provision in, or related to, this do.
2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should consent
be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance
from the Subcontractor that complies with all contract Insurance requirements document,this
provision shall control.
2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the
descriptive material contained herein and any additional associated documents and
Amendments. The City disclaims any ten-ns and conditions provided by the Contractor
unless agreed upon in writing by the parties. In the event of conflict between these terms
and conditions and any terms and conditions provided by the Contractor, the terms and
conditions provided herein shall prevail. The terms and conditions provided herein are the
final terms agreed upon by the parties,and any prior conflicting terms shall be of no force
or effect.
2.13 Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that
either(i) it meets an exemption criteria under Section 2270.002; or(ii) it does not boycott
Israel and will not boycott Israel during the term of the contract resulting from this
solicitation. Respondent shall state any facts that make it exempt from the boycott
certification in its Response.
2.14 SB 252 prohibits the City from entering into a contract with a vendor that is identified by
The Comptroller as a company known to have contracts with or provide supplies or service
with Iran, Sudan or a foreign terrorist organization.
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year first above written. Executed in triplicate.
CITY O LUBBO CONTRACTOR
BY: J �.
Daniel M. Pope, Mayor Authorized epresentative
ATTEST: - 1N of
Print Name
Reb a G
ccarza, City Secret r11� IJ`n��crab a (�il
Address
APPRO D AS TO CONTENT:
"60c� '—A '
City, State, Zip Code
Lei Meson, Director of Human Resources
and Risk Management
PR ED AS TO RM
c a terve irs As t City Attorney
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 0f 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-539579
HCAA Medical Group,PA dba OccMed Associates, LP
Lubbock,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/13/2019
being filed.
City of Lubbock Date Acknowledged:
09/13/2019
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
RFP 19-14563-SG
Employment Physical Examinations and Drug/Alcohol Screening
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Pentecost, Donald Lubbock,TX United.States X
Olson, Bryce Lubbock,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is 1 ,
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d
CERTIFICATE OF INTERESTED PARTIES FORM 1295
10f1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-539579
HCAA Medical Group,PA dba OccMed Associates,LP
Lubbock,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 0 911312 0 19
being filed.
City of Lubbock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
RFP 19-14563-SG
Employment Physical Examinations and Drug/Alcohol Screening
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling intermediary
Pentecost,Donald Lubbock,TX United States X
Olson, Bryce Lubbock,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION{{
My name iso irVlaL Cf L ,{ ` 1 LJ/lI and my dale of birth is
My address is 0 ( l"iCLI L� U� �1 L�u(J('Ip _. -I
US 0 (city) (slate) (zip code) (country)
I declare under enalty of perjury that the foregoing is true and correct.
Executed in ! LL.bb)(t 1'\ County, State of TtjKason the day of_ _ .20
r^ ( onth) (year)
/ §ign ture of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx,us Version V1.1.3a6aaf7d