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Home My WebLink About11-209 Resolution No. 11-209 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SHERMAN HEALTH FOR MEDICAL EXAMINATIONS AND OTHER RELATED MEDICAL SERVICES FOR THE FIRE DEPARTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Sean R. Stegall,City Manager,be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Sherman Health, for medical examinations and other related medical services for the fire department, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Adopted: December 21, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CITY OF ELGIN AGREEMENT WITH j�, k- ,Pa,k--k FOR PRE-EMPLOYMENT PLACEMENT PHYSICALS—FIRE DEPARTP THIS AGREEMENT is made and entered into this 21st day of December between the City of Elgin ("the CITY"), a municipal corporation organized and J the laws of the State of Illinois, and SkAkt yre V:�, a ("the CONTRACTOR"). ARTICLE I. URCHASE. The CONTRACTOR agrees to provide, and the City G purchase, the goods and/or services provided for herein under the terms and conditions provided for herein and pursuant to Exhibit "A", attached hereto and made a part hereof. ARTICLE II. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement, the Request for Proposals (RFP) including all documents referenced therein and the Contractor's Proposal response dated iJoa t"_y r3, a o t l (Proposal) thereto incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the RFP. In the event there is a conflict between this Agreement and the Proposal documents or any attachments hereto, the Proposal documents shall supersede this Agreement. ARTICLE III. DURATION AND SCHEDULE. The CONTRACTOR shall provide the goods and/or services at the price, schedule and other terms provided for in Exhibit "A" attached hereto and incorporated herein, for one year after date of signature by the City Manager, below. Payment by CITY shall be made to CONTRACTOR within thirty (30) days of delivery as a destination contract and acceptance of all goods and services, and upon receipt of an invoice from CONTRACTOR. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully executed Contract from the City. The term of this is one year from date of signature by the City Manager, below. ARTICLE IV. TERMINATION. The following shall constitute events of default under this agreement: a) any material misrepresentation made by the CONTRACTOR to the CITY, b) any failure by the CONTRACTOR to perform any of its obligations under this agreement including, but not limited to, the following: (i) failure to commence performance of this agreement at the time specified in this agreement due to a reason or circumstance within the CONTRACTOR'S reasonable control, (ii) failure to perform this agreement with sufficient personnel and equipment or with sufficient material to ensure the completion of this agreement within the specified time due to a reason or circumstance within the CONTRACTOR'S reasonable control, (iii) failure to perform this agreement in a manner reasonably satisfactory to the Cl TY, (iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of this agreement, including, but not limited to the Affirmative Action requirements, and (vi) any other acts specifically and expressly stated in this agreement as constituting a basis for termination for cause. The CITY may terminate this agreement for its convenience upon fourteen (14) days prior written notice. 21 ARTICLE V . DAMAGES. From any sums due to the CONTRACTOR for goods or services, the CITY may keep for its own the whole or any part of the amount for expenses, losses and damages as directed by the Purchasing Director, incurred by the CITY as a consequence of procuring goods or services as a result of any failure, omission or mistake of the CONTRACTOR in providing goods or services as provided in this agreement. In the event of any breach of any of the terms of this agreement by CITY, CONTRACTOR'S damages shall be limited to a maximum of the purchase price provided for herein, which shall be calculated on the basis of CONTRACTOR'S actual compensatory damages only. CONTRACTOR shall not be entitled to consequential, incidental or nominal damages for any reason. ARTICLE VI. GOVERNING LAW/VENUE AND ORDINANCES. This agreement shall be subject to and governed by the laws of the United States, the State of Illinois and the City of Elgin, Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. ARTICLE VII. SEVERABILITY. The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, including but not limited to any violation of any law as provided for in Article XIV herein, the remainder of this agreement shall remain in full force and effect. ARTICLE VIII. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or physical handicap which would not interfere with the efficient performance of the job in question. The contractor will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 an d will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. ARTICLE IX. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in this agreement without prior written consent of the CITY. ARTICLE X. AMENDMENTS. There shall be no modification of this agreement, except in writing and executed with the same formalities of the original. ARTICLE XI. NOTICES. Any notice given under this agreement shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or registered, return receipt requested, addressed, if to CONTRACTOR, at to the attention of u t 2�d�><-,, or undersigned representative and4 f to the City, to the attention of the City Manager, 150 Dexter Court, Elgin, IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. 22 ARTICLE XII. INDEMNIFICATION. To the fullest extent permitted by law, CONTRACTOR agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Contractor or Contractor's officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. ARTICLE XIII. PUBLICITY. The CONTRACTOR may not use, in any form or medium,the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XIV. APPROPRIATIONS. The fiscal year of the CITY is the 12 month period ending December 31. The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY'S obligations under the contract are not appropriated and authorized, then the CONTRACT shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later without liability to the CITY for damages, penalties or other charges on account of such termination. ARTICLE XV. COMPLIANCE WITH LAWS. Notwithstanding any other provision of this agreement it is expressly agreed and understood that in connection with the performance of this agreement that the CONTRACTOR shall comply with all applicable U. S. Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, CONTRACTOR hereby certifies, represents and warrants to the CITY that all CONTRACTOR'S employees and/or agents who will be providing products and/or services with respect to this CONTRACT shall be legal resident s of the United States. CONTRACTOR shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of t he work, and/or the products and/or services to be provided for in this agreement. The CITY shall have the right to audit any records in the possession or control of the CONTRACTOR to determine CONTRACTOR'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the CONTRACTOR shall make available to the CITY the CONTRACTOR's relevant records at no cost to the CITY. The CONTRACTOR shall pay any and all costs associated with any such audit. 23 ARTICLE XVI. WARRANTY. The CITY'S purchase from the CONTRACTOR as provided in this agreement shall include the standard warranty typically provided by CONTRACTOR for the equipment being purchased herein. Additionally, CONTRACTOR hereby expressly provides a warranty of merchantability as to any goods provided for herein, and warrants that all services shall be provided in a reasonable manner with reasonable workmanship. ARTICLE XVII. ENTIRE AGREEMENT. This agreement embodies the whole agreement between the parties hereto. There are no other agreements, either oral or implied between the parties hereto; and this agreement shall supersede any and all previous communications, representations, or agreements, either verbal or written, between the parties. ARTICLE XVIII. INDEPENDENT CONTRACTOR. This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. ARTICLE XIX. TIME. Time is of the essence of this agreement. The person signing this agreement certifies that s/he has been authorized by the CONTRACTOR to execute this agreement on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CONTRACTOR CITY OF GIN I /�Z.ZY- By By [Name and Ti ] fYVMad Ati . Cit anager FEIN NO. Date: 24 EXHIBIT A II. ON-GOING ANNUAL AND PERIODIC MEDICAL EXAMINATIONS This component of the Occupational Health Services program shall be for annual and periodic medical examinations based on the requirements of NFPA standard 1582 Medical Requirements for Firefighters, 2007 edition. Listed below are three age specific physicals followed by optional additional elements. *Annual Brief Examination (Ages: Up to age 39 do in between Periodic Evaluation) Price Brief Medical Exam (Height, Weight, Blood Pressure) $0.00 Hearing Test (Whisper Test) $0.00 OSHA Questionnaire $0.00 Pulmonary Function Test (Spirometry and Respiratory Certification) $0.00 Tuberculosis Skin Testing $0.00 Vision Testing (Titmus, Color and Depth Perception) $0.00 Total: (reflects total charge when exam performed at clinic locations) $81.19 *All test results for Annual Brief Exams are available within 48 hrs Charges for staffing on-site services: Physician per hour = $121.00 Nurse per hour = $66.55 Can be charged in 15 minute increments Sherman Health Systems Page 6 of 12 EXHIBIT A *Periodic Evaluation Price (Ages: <30 do every 3 years; 30-39 do every 2 years; 40 and up do every year) Comprehensive Metabolic Panel $35.94 Blood Lipid Profile (HDL/LDL) $29.28 Cardiovascular Wellness Profile/Personal Health Plus Profile $12.10 Complete Blood Count $17.30 Comprehensive Medical/Physical Exam (includes medical and occupational exposure history) $65.22 EKG with Cardiology Interpretation $65.22 Audiogram (includes training video) $29.28 Pulmonary Function Testing (Spirometry and Respirator Certification) $54.57 Tuberculosis Skin Testing $11.46 Urinalysis $0.00 Vision Testing (Titmus; Color and Depth Perception) $0.00 Total: $320.38 Total: (with Treadmill Stress Test - $493.88 - over 40; or if cardiac history on physician discretion) $814.26 *All test results for Periodic Evaluation are available within 48 hrs *Additional Elements Price Upon MD Discretion Chest X-Ray with Radiology Interpretation $73.20 Boostrix (Diphtheria-Pertussis-Tetanus) (replaces Tetanus as per CDC recommendation) $28.82 Employee Requests (requested by and paid by employee) Hemoccult Kit $46.59 PSA $51.91 Mammography $84.70 Pap Smear (will refer to physician of choice - per physician charges) *All test results for Additional Elements are available within 48 hrs r S r r ELGIN THE CITY IN THE SUBURBS AGENDA ITEM: MEETING DATE: December 7, 2011 ITEM: RFP 11-058, Contract with Sherman Health to Provide Pre-Placement, Annual and Periodic Medical Examinations and Other Related Medical Services ($36,000) OBJECTIVE: Ensure the health and safety of employees through medical examinations and other medical services. RECOMMENDATION: Award a contract to Sherman Health for conducting pre-placement, annual and periodic medi- cal examinations and other related medical services in the amount of$36,000. BACKGROUND The city conducts pre-placement physicals on its fire department candidates after an offer of employment has been made. The city also provides or requires other medical services such as annual, periodic and fitness for duty medical examinations, drug screens, flu shots and other related medical services. OPERATIONAL ANALYSIS Four proposals were received from Sherman Benefit Manager, Health Endeavors, S.C., Prove- na/St. Joseph Occupational Health Services and Concentra Health Services, Inc. The proposals were reviewed by representatives of the fire and purchasing departments. Sherman Benefit Manager has been the long time provider of pre-placement and other services for the fire department. Health Endeavors is a newer company that conducts its physical exams from a 40 foot mobile medical vehicle. This company works exclusively with fire and police departments. Provena/St. Joseph has been a provider of pre-placement, workers compensation and other medical services for various city departments. rk Concentra Health Services, Inc. is a national corporation specializing in occupational healthcare. As indicated in the attached tabulation sheet, there was a minimal price difference for the pre- placement physical between Sherman Benefit Manager and Concentra Health Services, Inc. These types of examinations only account for replacement personnel hired. The annual and pe- riodic medical examinations are the most provided type of medical examinations and are avail- able to all 133 fire department personnel. For this majority of medical examinations, Sherman Benefit Manager was the lowest responsive proposal. Based on the review of all four proposals, it is recommended that Sherman Benefit Manager be awarded the contract to provide pre-placement, annual and periodic medical examinations and other related medical services for the fire department. A proposal notice was issued and publicly advertised on November 1, 2011 in the Courier News posted on the city's website and emailed to four companies, Sherman Benefit Manager, Health Endeavors, S.C., Provena/St. Joseph Occupational Health Services and Concentra Health Servic- es, Inc. Sherman Benefit Manager was the lowest responsive proposal. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The cost of medical services incurred are charged to the fire department. It is estimated that $36,000 will be paid for these services in 2012. Adequate funding for this service has been ap- propriated in the 2012 proposed General Fund budget, Medical Professional Services account, to award this contract to Sherman Benefit Manager. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE General 010-2802-735.30-05 N/A $36,170 $36,170 LEGAL IMPACT None. ALTERNATIVES The city council may choose not to award the contract to provide pre-placement, annual and periodic medical examinations and other related medical services for the fire department to Sherman Benefit Manager. 2 NEXT STEPS 1. Execute contract with Sherman Benefit Manager. Originators: John P. Fahy, Fire Chief Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A: Tabulation of Proposals E ► 3 FIRE DEPARTMENT PRE-PLACEMENT PHYSICALS TABULATION OF PROPOSALS Provena Sherman Health S stems Health Endeavors Concentra FIRE PRE-PLACEMENT PHYSICALS 87 N.Aidite Suite 130 2320 Ro at Blvd 1615 S Norbury Ave 2080 Springer Dr ve RFP N0. Elgin IL 60123 Elgin IL 60123 Lombard IL 60148 Lombard,IL 60148 Date of Opening:11/16/11 Department: Fire Description Amount Amount Amount Amount FIRE DEPT PROGRAM Item#1-Scheduling/Access to Services 1-2 days 24 hours a day/7 days a week 1 day Mon-Fri 7am-8pm Item#2-Location Elgin Elgin On site in Elgin Bloomingdale Item#3-Pre-placement Exam Components Part 1 Blood Chemishy Profile $40.00 $35.94 $730.00 Baseline Chest X-ray $63.00 $110.00 $73.20 included in package rice' $57.00 Cardiovascular Wellness Profile $30.00 $12.10 No bid Complete Blood Count $25.00 $17.30 included in ackage rice' $63.00 Comprehensive Medical and Ph sica-Exam- $40.00 $65.22 included in package price' $49.00 Occupational E oint a History $0.00 $0.00 included in package price' $10.00 EKG w/Cardiology interpretation $110.00 $65.22 included in package price' $54.50 Pulmonary Audio gram $28.00 $29.28 included in package price` $25,00 Pulmonary Function Testing-Spirometry and Respirator Certification $28.00 $54.57 included in package rice' $35.50 Tuberculosis skin testing $10.00 $11.46 included in acka a rice' Urinanalysis P price- $31.00 $0.00 $0.00 included in package price' $46.00 Urine drug screen-10 panel $35.00 $39.27 Vision sion -titmus,color,depth-perception $0.00 $0.00 included in package rice' $10.00 Total Part 1 _ $456.00 $403.56 $730.00 $493.50 Part 2 Musculo-skelelal eval b Ph sical Thera ist $600.00 $272.25 $25.00 $100.00 Strength resting ____incl incl Gross flexibility training incl incl incl incl Total Part 2 $600.00 $272 25 incl$25.00 $100.00 Part 3 Cardiovascular Assessment _ incl $66.55 $0.00 $54.00 Part 4 Reporting incl Total Parts 1-4 $1 $7 056.00 ind $0.00 $60.42.36 $755.00 $707..0 50 1 FIRE DEPARTMENT PRE-PLACEMENT PHYSICALS TABULATION OF PROPOSALS Provena Sherm_an_Health--Sys tems Health Endeavors Concentra _ FIRE PRE-PLACEMENT PHYSICALS 87 N.Aidite Suite 130 2320 Royal Blvd 1615 S Norbury Ave 2080 Springer Drive _ RFP NO.11-058 Elgin IL 60123 Elgin IL 60123 Lombard IL 60148 Lombard,IL 60148 Date of Opening:11/16/11 Department: Fire Description Amount Amount Amount Amount On- oin Annual/Periodic Medical Exams Annual Exam(on-site) - Brief Medical Exam $40.00 $81.19 $100.00 $145.00 Hearing test $0.00 incl incl $14.00 OSHA questionnaire $15.75 incl incl $20.00 Pulmonary Function Testing-Spirometry and Respirator Certification,tuberculosis skin testing,vision testing $28.00 incl incl _ $40.00_ _ Vision Testing $10.00 _ incl incl $20.00 Total Annual Exam $93.75 $81.19 $100.00 $239.00 Periodic Medical Exam Blood Chemistry Profile $40.00 _$35.94 $405.00 $80.00 Bl ood Li id Profile _ $25.00 $29.28 incl. $0.00 Cardiovascular Wellness Profile/Personal Heal $30.00 ___$12.10 incl. No Bid Complete Blood Count $25.00 _$17.30 incl. $0.00 Com rehensive Medical and Ph sical Exam $40.00 $65.22 Incl. $145.00 Medical and Occupational Exposure History $0.00 incl incl. $0.00 EKG w/Cardiology interpretation and treadmill $250.00 $65.22 incl. $65.00 Audiogram _ _ $28.00 $29.28 incl. $14.00 Pulmonary Function Testing-Spirometry and Respirator Certification $28.00 $54.57 incl. $40.00 Urine Dip Stick $0.00 $11.46 incl. -$20'.00--- Vision testing-litmus _ $10.00 $0.00 incl. $20.00 Total Cost for Periodic Exam(EKG) $476.00 _ $320.37 $405.00 $384.00 Additional Elements-Fire Chest X-Ray w/Radiology $110.00 _$73.20 $90.00 $85.00 Tetanus Shot $40.00 - $28.82 $25.00 In clinic only ADDITIONAL ELE_M_ENTS EMPLOYEE REQUEST _ _ _ ---- Hemoccult Kit $15.50 __$46.59 included in physical Enly PSA $35.00 $51.91 $30.00 Mammography No Bid $84.70 $120(subject to change) Pa Smear No Bid No Bid $55 subject to chap a ff___ FIRE DEPARTMENT PRE-PLACEMENT PHYSICALS TABULATION OF PROPOSALS Provena Sherman Health S stems FIRE PRE-PLACEMENT PHYSICALS Health Endeavors Concenlra 87 N.An IL Suite 130 2320 Ro at Blvd 1615 S Norbu Ave RFP NO.11-058 El in IL 60123 2080 Springer Drive Date of Opening:11/16/11 — EI in IL 60123 Lombard IL 60148 Lombard,IL 60148 Department: Fire Descri tion Amount Amount ADDITIONAL SERVICES Amount Amount Evaluation of effectiveness of fitness ro ram $0.00 $66.55/hr Em -ee access to ersonal health rofile and r included in physical $135.00 $0.00 $22/person/yr ncluded in physical $0.00 Educational Gasses on site at EFD $150 1class $66.55/hour $200/Gass $250/Gass ELGINISJ - DATE: January 9, 2012 TO: John P. Fahy, Fire Chief FROM: Kimberly Dewis, City Clerk SUBJECT: Resolution No. 11-209, Adopted at the December 21, 2011, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Agreement with Sherman Health for Medical Examinations and Other Related Medical Services for the Fire Department