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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.