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10-226 Resolution No. 10-226 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PROVENA ST. JOSEPH HOSPITAL 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 Provena St. Joseph Hospital for pre-placement physical exams and other related services for police officer candidates and public services laborers, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 15, 2010 Adopted: December 15, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk r CITY OF ELGIN AGREEMENT WITH PROVENA ST. JOSEPH HOSPITAL FOR PRE-PLACEMENT PHYSICAL EXAMS 15th December THIS AGREEMENT is made and entered into this iret day of I'-ievenviyer, 2010 by and between the City of Elgin("the CITY"),a municipal corporation organized and existing under the laws of the State of Illinois, and Provena St. Joseph Hospital, a corporation, ("the CONTRACTOR"). ARTICLE I. PURCHASE. The CONTRACTOR agrees to provide, and the City agrees to 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 November 3, 2010(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 and CONTRACTOR'S Proposal. 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. 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 contract shall be three years from the date of the City Manager's signature, 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 CITY,(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. 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 and 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 77 N. Airlite St.,Elgin,IL 60123 to the attention of Stephen O. Scogna,President&CEO or undersigned representative,and if 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. 2 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 or 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 residents 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 the 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. 3 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 ELGIN By Byi� GC• Stephen O. Sc:i . ' esident & CEO ity Manager Sean Stegall FEIN NO.S(o41 q c-149(p Date December 15, 2010 4 This section of the Proposal shall include a completed Anti-Collusion/Tax Compliance Certificate, Affirmative Action and Sexual Harassment Forms. III. SCOPE OF SERVICES The following labor categories and corresponding tests are required. Proposers may bid on any or all categories. Please provide a price for all tests and examinations listed below: Category I. Laborer- Preplacement Audiogram testing and analysis $ 28.00 /each Back screen Level I $ 35.00 /each Back screen Level II $ 75.00 /each (If requested by City or indicated by Level I exam) Medical History and Physical Exam $ 40.00 /each Medical History and Physical Exam—DOT $ 45.00 /each Multistick U/A(DOT only) S No Charge /each Non-DOT Drug Screen $ 35.00 /each DOT Drug Screen $ 50.00 /each TB Test $ 10.00 /each Pulmonary Function Screening - OSHA $ 15.75 /each Questionnaire Pulmonary Function Test (if ordered by $ 28.00 /each doctor due to OSHA questionnaire) Vision Screen (inc. color blindness) $ No Charge /each Category II. Substance Testing Non-DOT Drug Screen $ 35.00 /each DOT Drug Screen $ 50.00 /each Proposer Name:.-PCOVe 4-i C -\ H C-i:^_. Exhibit A Rapid Test $ 35.00 leach Breath Alcohol $ 25.00 /each Category III. Police Exams—Pre-employment/Annual (at officer's request) 5 panel drug screen $ 35.00 /each Medical Physical Exam $ 40.00 /each Urinalysis $ No Charge/each TB test $ 10.00 /each Audiogram Testing and Analysis $ 28.00 /each Back Screen Level I $ 35.00 /each Back screen Level II $ 75.00 /each (If indicated by Level I exam) Blood Baseline Lead Level $ 36.00 /each Pulmonary Function Screening- OSHA $ 15.75 /each Questionnaire Pulmonary Function Test $ 28.00 /each Resting EKG (applicants 39 and under) $ 75.00 /each Stress test $ 250.00 /each Titmus Exam $ No Charge/each PSA (age 50 and over) $ 35.00 /each Comprehensive Metabolic Panel $ 40.00 /each Lipid Panel $ 25.00 /each Complete Blood Count $ 25.00 /each Category IV. Other Services Hepatitis B: 3 injection series $ 65.00 /each Titer $ 20.00 /each MMR(Rubella and Rubeola) Immunization and titers $ 75.00 /each immunization Mumps Titer-$26.50, Rubella Titer-517.50, Rubeola Titer-$26.50 Audiogram Testing and Analysis $ 28.00 /each Tetanus Shot/Booster $ 40.00 /each Individualized consultations: Proposer Name:1-- -Cjj eryl.t_lSA .3{ cpc_c_L.,pa*i A one on one consultation reviewing screenings $ 75.00 /hour with an MD and making recommendations dependent on $ 50.00 /hour with an RN findings and prescribing a personal fitness, $ 50.00 /hour with a nutritionist dietary or other health program. $ 50.00 /hour with a physical fitness expert Group Training: On topics as required; e.g., back safety, substance abuse. Attach additional $ 150.00 /per session pages if necessary. Functional Capacity Examination/Report $ 1360.00 /FCE Proposer Name: + 11i Report to Mayor&Members of City Council E LG I N THE CITY IN THE SUBURBS MEETING DATE: December 1, 2010 INITIATIVE H: RFP 10-057, Pre-Placement Physicals for the Public Services and Police Departments COMMUNITY GOAL • A Safe Community—To ensure the city hires police officers public services laborers who are physically able to perform the demands of their positions OBJECTIVE • Award a contract for conducting pre-placement physicals and other related services for police officer candidates and public services laborers PURPOSE • To hire physically fit police officers and public services laborers and maintain a healthy workforce RECOMMENDATION • Award a contract to Provena St.Joseph Hospital for conducting pre-placement physicals and other related services for police officer candidates and public services laborers BACKGROUND The city conducts pre-placement physicals on its police officer and firefighter candidates and public services laborers after an offer of employment has been made. The city also provides or requires other medical services such as drug screens, flu shots and fitness for duty examinations. OPERATIONAL ANALYSIS Three proposals were received; from Sherman Health, Provena St. Joseph Hospital and Health Endeavors, S.C. Health Endeavors provided essentially the same proposal that was provided for RFP 10-056, rok. Pre-Placement Physical Examinations for Fire Fighters. Although pricing was included, the proposal text was deemed non-responsive as it addressed fire department needs. Sherman and Provena's proposals were both responsive to the RFP requirements and fairly close in price. Since Provena's overall laborer examination price is $40 less than that of Sherman and their DOT drug test is $10 less than Sherman, and these are the most frequently requested services, it is recommended that the entire contract be awarded to Provena St. Joseph. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The cost of medical services incurred are charged back to the user departments. In aggregate, It is estimated that $20,000 will be paid for these services in 2011. Funding for this service has been appropriated in the 2011 proposed General Fund, Water Fund, Sewer Fund and Fleet Services Fund budgets, "medical professional services" and "miscellaneous professional services" accounts,to award this contract to Provena St.Joseph. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE N/A N/A N/A N/A N/A LEGAL IMPACT The request for proposal was posted on the city website and published in the October 14, 2010 issue of the Courier News. Proposals were due on October 29, 2010. Three proposals were received. ALTERNATIVE COURSES OF ACTION The city council may choose to make an award to another proposer. NEXT STEPS 1. Execute agreement with Provena St.Joseph A Prepared by: Gail Cohen, Human Resources Director Reviewed by: Colleen Lavery, Chief Financial Officer Reviewed by: William A. Cogley, Corporation Counsel/Chief Development Officer Final Review by: Richard G. Kozal, Assistant City Manager/Chief Operating Officer Approved by: Sean . Stegall, City Man r ATTACHMENTS A: RFP 10-057 Tab Sheet rah. ,„„JL IPRE-PLACEMENT PHYSICALS TABULATION OF PROPOSALS Provena Saint Joseph Hosp Sherman Benefit Manager Health Endeavors PRE-PLACEMENT PHYSICALS 77 North Airlite Street 934 Center Street 1615 S Norbury Ave RFP NO.10-057 Elgin IL 60123 Elgin IL 60120 Lombard IL 60148 Date of Opening:10/29/10 Departments: HR/POLICE Description Amount Amount Amount CATEGORY I-LABORER PREPLACEMENT Audiogram Testing and Analysis $28.00 $29.28 see package price Back Screen Level I $35.00 $26.62 see package price Back Screen Level II $75.00 $48.40 see package price Medical History/Phys Exam $40.00 $65.22 see package price Medical History/Phys Exam/DOT $45.00 $65.22 see package price Multistick U/A(DOT only) $0.00 $0.00 see package price Non-DOT Drug Screen $35.00 $39.27 see package price DOT Drug Test $50.00 $60.50 see package price TB Test $10.00 $11.46 see package price Pulmonary Function Screening-OSHA Questionnaire $15.75 $0.00 see package price Pulmonary Function Test if ordered by MD $28.00 $54.57 see package price Vision Screen w/color blindness $0.00 $0.00 see package price total $361.75 $400.54 package pricing-$730 CATEGORY II-SUBSTANCE TESTING Non-DOT Drug Screen $35.00 $39.27 no bid DOT Drug Screen $50.00 $60.50 no bid Rapid Test-6 panel $35.00 $41.80 no bid Rapid Test-10 panel(not required in RFP) $44.00 no bid Breath Alcohol Test $25.00 $33.88 no bid J PRE-PLACEMENT PHYSICALS TABULATION OF PROPOSALS Provena Saint Joseph Hosp Sherman Benefit Manager Health Endeavors PRE-PLACEMENT PHYSICALS 77 North Airlite Street 934 Center Street 1615 S Norbury Ave RFP NO.10-057 Elgin IL 60123 Elgin IL 60120 Lombard IL 60148 Date of Opening:10/29/10 Departments: HR/POLICE )escri.tion Amount Amount Amount 'CATEGORY III-POLICE 5 panel Drug Screen $35.00 $36.74 see package price Medical Physical Exam $40.00 $65.22 see package price Urinanalysis $0.00 $0.00 see package price TB Test $10.00 $11.46 see package price Audiogram Testing and Analysis $28.00 $29.28 see package price Back Screen Level I $35.00 $26.62 see package price Back Screen Level II(if indicated by Level 1) $70.00 $48.40 see package price Blood Baseline Lead Level $36.00 $30.25 see package price Personal Health Profile(not required in RFP) $12.10 see package price Pulmonary Function Screening OSHA/OSHA Questionnaire $15.75 $0.00 see package price Pulmonary Function Test $28.00 $54.57 see package price Resting Electrocardiogram(39 and under) $75.00 $65.22 see package price Stress test $250.00 $493.88 see package price itmus Exam $0.00 $0.00 see package price PSA(age 50 and older) $35.00 $51.91 see package price Comprehensive Metabolic Panel $40.00 $35.94 see package price Lipid Panel $25.00 $29.28 see package price Complete Blood Count $25.00 $17.30 see package price pkg price from$250-$730 CATEGORY IV-OTHER SERVICES Hepatitis B 3 injection series $65.00 $211.73 $175.00 Hepatitis B Titer $20.00 $21.78 $36.00 MMR immunization $75.00 $53.24 $93.00 Mumps $26.50 $19.36 Rubella 8 Rubeola $44.00 $47.03 Varicella(not required by RFP) $24.20 Audiogram Testing and Analysis $28.00 $29.28 included in pkg pricing )Tetanus Shol/Booster $40.00 $10.89 $25.00 (Individual Consultations per hour MD $75.00 $121.00 included in pkg pricing RN $50.00 $66.55 Nutritionist $50.00 $66.55 Physical Fitness $50.00 $68.55 Group Training Educational Classes $150.00 $181.50 $200.00 FCE Exam/Re.ort $1,360.00 $52.22-$104.87 c. c.