HomeMy Public PortalAboutORD10970 BILL NO. 87-160
SPONSORED BY COUNCILMAN HALSEY
ORDINANCE NO. 7()
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CI'T'Y CLERK TO EXECUTE AN AGREEMENT WITH CARL G. BYNUM,
D.O. , FOR MEDICAL SERVICES TO BE PROVIDED THE CITY OF JEFFERSON.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute an agreement with Carl. G. Bynum, D.O. , for
medical services to be provided the City of Jefferson.
Section 2. The contract shall be substantially the same in
form and content as that contract attached herato as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed Approved y /r � c �1`j'•l'�
AMIL
esid Officer yor
ATTEST:
City Clerk
MEDICAL SERVICES PROVIDER CONTRACT
HIS AG EEMENT, made and entered into this v?� day of
g.r- - 19F2, by and between the City of
Jefferson, a municipal corporation of the State of Missouri,
hereinafter referred to as the "City" with offices at 320
E.McCarty, Jefferson City, Missouri 65101, and Carl G. Bynum,
D . O. , 1504 Southwest Blvd. , Jefferson City, MO 65101,
hereinafter referred to as the "Provider" .
WITNESSETH:
THAT, WHEREAS, the City of Jefferson desires to engage the
provider to render certain medical and professional services
hereafter described in connection with a project more
particularly described in Exhibit A: and
WHEREAS, the Provider made certain representations and
statements to the City with respect to the provision of such
services and the City has accepted said proposal and is
authorized by Ordinan e /05;70 of the City Council, of the City of
Jefferson, adopted 1921�7_, to enter into a
contract with the Provider for the performances of services by
the Provider.
NOW, THEREFORE, for the considerations herein expressed, it
is agreed by and between the City and the Provider as follows:
Aft 1. The City agrees to engage the services of the Provider
to perform the services hereinafter set forth in connection with
projects described in Exhibit A.
2. The City may add to Provider services or delete
therefrom activities. of a similar nature to those set forth in
Exhibit A, provided that the total cost of such work does not
exceed the total cost allowance as specified in the bid proposal.
The Provider shall undertake such changed activities only upon
the direction of the City. All such directives and changes
shall be in written form and prepared and approved by the office
of the City Administrator and shall be accepted and countersigned
by the Provider or his agreed representatives.
3. All information, data, and reports as are existing,
available and necessary for the carrying out of the work, shall
be furnished to the Provider without charge by the City, and
the City shall cooperate with the Provider in every reasonable
way in carrying out the scope of services.
4. The Provider represents that Provider has or will secure
at his own expense, all personnel required to perform the
services called for under this contract by Provider. Such
personnel shall not be employees of or have any contractual
relationship with the City except as employees of the Provider.
All of the services required hereunder will be performed . by the
Provider or under Provider's direct supervision and all personnel
engaged in the work shall be fully qualified and shall be
authorized under state and local law to perform such services.
None of the work or services covered by this contract shall be
subcontracted without the written approval of the City.
t
. 5. The City agrees to pay the Provider in accordance with
the terms set forth in Exhibit A and in provider's bid propoaat,
which shall constitute complete compensation for all services to
be rendered under this contract. it is expressly nderstood that
in no event will the total compensation and reimbursement to ba
paid to the Provider under the terms of this contract exceed the
amounts specified in Exhibit A and in provider's bid proposal,
for all services required unless specifically and mutually agreed
to in writing by both the City and Provider, No change shall be
made unless there is a >jubstantial and significant difference
between the work originally contemplated by this agreement and
the work actually required.
6. If, through any cause, the Provider shall fail to
fulfill in timely and proper manner his obligations under this
contract, or if the Provider shall violate any of the covenants,
agreements, or stipulations of this contract, the City shall
thereupon have the right to terminate this contract by giving
written notice to the Provider of such termination and specifying
the effective date thereof, at least five ( 5 ) days before the
effective day of such termination. City or Provider may without
cause terminate this contract upon 30 days prior written notice.
in either such event, all finished or unfinished documents, data,
and reports or other materials prepared by the Provider under
this contract shall , at the option of the City, become its
property.
Notwithstanding the above, the Provider shall not be relieved of
liability to the City for damages sustained by the City by virtue
of any such breach of the contract by the Provider.
7. The Provider shall not assign any interest in this
contract, and shall not transfer any interest in the same
(whether by assignment or novation) , without prior written
consent of the City thereto. Any such assignment is expressly
subject to all rights and remedies of the City under this
agreement, including the right to change or delete activities
from the contract or to terminate the some as provided herein,
and no such assignment shall requires the City to give any notice
to any such assignee of any actiono which the City may take under
this agreement, though City will attempt to so notify any such
assignee.
B. Any reports, data, or similar information given to or
prepared or assembled by the Provider under this contract which
the City requests to be kept are confidential shall not be made
available to any individual or organization by the Provider
without prior written approval of the City.
9. The Provider agrees in the performance of this contract
not to discriminate on the ground or because of race, creed,
color, national origin or ancestry, sex, religion, handicap, age,
or political opinion or affiliation, against any employee of
Provider or applicant for employment and shall include a similar
provision in all subcontracts let or awarded hereunder.
10. The Provider is an independent contractor and nothing
contained herein shall constitute or designate the Provider or
any of his agents or employees as agents or employees of the
City.
li. The Provider shall not be entitled to any of the
benefits established for the employees of the City nor be covered
by the Workmen's Compensation Program of the City.
12. The parties mutually agree to the following:
a. In no event shall the City be liable to the Provider
for special, indirect, or consequential damages, except
those caused by the City's negligence, arising out of
or in any way connected with a breach of this contract.
The maximum liability of the City shall be limited to
the amount of money to be paid or received by the City
under this contract.
b. The Provider shall defend, indemnify, and hold the City
harmless from and against all claims, losses, and
liabilities arising out of personal injuries, including
death, and damage to property which are caused by the
Provider arising out of or in any way connected with
this contract.
13. This contract shall be in effect from January 1, 1988
through December 31, 1988. With the consent of both parties, the
contract may be extended on an annual basis for up to two (2)
additional years.
15. All notices required or permitted hereinunder and
required to be in writing may be given by first class mail
addressed to City at 320 E. McCarty, Jefferson City, Missouri
65101, and Provider at 1804 Southwest Blvd. , Jefferson City, MO
65101. . The date of delivery of any notice shall be the date
falling on the second full day after the day of its mailing.
Executed this �' ! day of _,dl.P �� 19 �12 _.
CITY OF JEFFERSON, MISSOURI
By
R
ATTEST:
CITY CLERK
Provider
By �-c�.
EXHIBIT A
SCOPE OF SERVICES
Afflk
The Medical Services Provider shall provide services as follows:
1. Provide appropriate medical care five days a week from 8:00
a.m.to 5:00 p.m. and on an emergency basis after hours and
weekends for City of Jefferson employees who have suspected
Injuries or illnesses alleged to have occurred as a result
of their employment with the City. The charge for the
office visit during regular hours shall be at a rate of
$17.00.
2. Provide pre-employment physicals for police and fire
candidates. The charge for the pre-employment physical
shall be at a rate of $50.00.
Pre-employment physicals shall include, but not be limited
to, the tests and examinations described in the request for
proposal.
Pre-employment vision tests will be required for all
employees who will drive City vehicles. This test should
include depth perception and peripheral vision.
3. Provide routine health screens to designated employees that
would include, but not be limited to, treadmill test,
fitness assessment, cholesterol level, pulmonary screen,
qr blood oxygen levels , blood pressure, diabetes test,
glaucoma, oral cancer, colon cancer test, vision, blood
typing, hearing test, and mantoux test. The charge for the
health screen shall be at a rate of $180.00.
4. Maintain accurate medical records for every City employee or
candidate receiving medical care or receiving a pre-
employment physical.
5. Contact City within two hours of an employee seeking medical
care during normal business hours. If care is provided
after hours or weekends, contact is to be made within two
hours of the next business day. Provide City with complete
information about the injury/illness and the prognosis for
return to work within five business days of the injury.
6. Notify City upon referral of City employee from his facility
to another physician or upon admission to a hospital or
other facility. All information for on-going treatment
shall be sent promptly to the receiving physician, hospital,
or other facility. Referrals will be made to physicians or
facilities pre-approved by the City and its W.C. carrier.
7. Will represent the City at workers' compensation hearings
when needed and as requested, and submit information to
Division of Workers' Compensation in a timely manner.