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HomeMy WebLinkAboutFD09-224 - Original - HealthForce Occupational Medicine, Inc. - Medical Examinations - 10/01/2009 S �( Records Mariftgement-1, KENO Document WA9MINGTDN CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: HealthForce Occupational Medicine, Inc. Vendor Number: JD Edwards Number Contract Number: FM -c,99 This is assigned by City Clerk's Office Project Name: Professional Services Agreement Between the City of Kent and HealthForce Occupational Medicine, Inc. Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: lbfl )09 Contract Effective Date: Termination Date: 12/31/11 Contract Renewal Notice (Days): 7 days Number of days required notice for termination or renewal or amendment Contract Manager: Mike Scott Department: Fire Detail: (i.e. address, location, parcel number, tax id, etc.): ��w� A C� 9f/s�o 9 S•Publ ic\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 PROFESSIONAL SERVICES AGREEMENT Between the City of Kent and HealthForce Occupational Medicine, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and HealthForce Occupational Medicine, Inc. organized under the laws of the State of Washington, located and doing business at 11805 North Creek Parkway S., Suite 113, Bothell, Washington 98011 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Annual medical examinations, pre-employment medical examinations, Hazardous Materials Team medical examinations, and follow-up and referral examinations services in accordance with the City's May 17, 2009, Request for Proposals, attached and incorporated as Exhibit A, and the Contractor's June 4, 2009, Proposal Response, attached and incorporated as Exhibit B. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement, and Contractor shall complete the work by December 31, 2011. At its option, the City may elect to extend the terms of this Agreement for up to three (3) additional one (1) year terms. However, in no event shall the total term of this contract extend beyond December 31, 2014. Each year of this contract is contingent upon the availability of funds to be allocated through the City's budget process by the Kent City Council. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed one hundred thousand dollars ($100,000) for the services described in this Agreement. The Contractor's compensation schedule in any option year shall be mutually agreed upon. Each year the parties will evaluate whether an increase in Contractor's compensation schedule is warranted by an amount equal to the percentage increase in the Consumer Price Index (CPI) for Seattle Tacoma-Bremerton (All Urban Consumers) for the previous calendar year, or due to unanticipated costs associated with individual medical testing components of the physical examination on a case by case basis. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit B All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: Exhibit B - PROFESSIONAL SERVICES AGREEMENT RFP for Medical Examinations for City of Kent Fire Department Page 1 of 7 A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. Exhibit B - PROFESSIONAL SERVICES AGREEMENT RFP for Medical Examinations for City of Kent Fire Department Page 2 of 7 XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Exhibit B - PROFESSIONAL SERVICES AGREEMENT RFP for Medical Examinations for City of Kent Fire Department Page 3 of 7 Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CO7Ne- R: CITY OF KENT: By: �-, By: (signature' (signature) Princ c�� Ll Pn e: Suzette Cooke Its: IIts Mayor (title) DATE: DATE: �� o NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Dann R. Smith Mike Scott, Fire Battalion Chief Health Force Partners, Inc. City of Kent 11805 North Creek Parkway South, Suite 113 220 Fourth Avenue South Bothell, WA 98011 Kent, WA 98032 425-806-5735 (desk) (253) 856-4308 (telephone) 425-527-1814(facsimile) (253) 856-6300 (facsimile) A PROVE AS TO FORM: i K nt Law I epartment Exhibit B - PROFESSIONAL SERVICES AGREEMENT RFP for Medical Examinations for City of Kent Fire Department Page 4 of 7 T 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this -7 day of `�� r w,lotl , 200�. By: For: e iP� Y7< Title: D Date• Exhibit B - PROFESSIONAL SERVICES AGREEMENT RFP for Medical Examinations for City of Kent Fire Department Page 5 of 7 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. Exhibit B - PROFESSIONAL SERVICES AGREEMENT RFP for Medical Examinations for City of Kent Fire Department Page 6 of 7 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_. By: For: Title: Date: Exhibit B - PROFESSIONAL SERVICES AGREEMENT RFP for Medical Examinations for City of Kent Fire Department Page 7 of 7 EXHIBIT A Exhibit A CITY OF KENT, WASHINGTON REQUEST FOR PROPOSALS Medical Examinations for City of Kent Fire Department Personnel PROJECT TITLE: Medical Examinations for City of Kent Fire Department Personnel PROPOSAL DUE DATE: June 10th, 2009, at 3:00 p.m., Pacific Time EXPECTED TIME PERIOD June 30th, 2009, to December 31, 2011 FOR CONTRACT: PROPOSER ELIGIBILITY: This process is open to those Proposers registered to do business in Washington State that exhibit the experience, resources, and skills necessary to accomplish the services described in the Request for Proposal Document. CONTENTS OF THE REQUEST FOR PROPOSALS: 1. Introduction 2. General Information for Proposers 3. Proposal Contents 4. Evaluation and Award 5. Exhibits: Exhibit A: Certifications and Assurances Exhibit B: Draft Contract Exhibit C: Insurance Requirements Exhibit D: Medical Examination Criteria for General Physical Exams Exhibit E: Medical Examination Criteria for Hazardous Materials Team Members Exhibit F: Medical Examination Criteria for Pre-Employment Exam Exhibit G: Follow-up Medical Examination and Referral by Health Care Provider CITY OF KENT RFP: MEDICAL EXAMINATIONS FOR KENT FIRE DEPARTMENT PERSONNEL Page 1 of 18 TABLE OF CONTENTS 1. Introduction 1.1 Purpose, Background, and Objective 1.2 Period of Performance 1.3 Definitions 2. General Information for Proposers 2.1 RFP Coordinator 2.2 Estimated Schedule of Procurement Activities 2.3 Submission of Proposals 2.4 Proprietary Information/Public Disclosure 2.5 Revisions to the RFP 2.6 Minority & Women-Owned Business Participation 2.7 Acceptance Period 2.8 Responsiveness 2.9 Most Favorable Terms 2.10 Contract and General Terms & Conditions 2.11 Costs to Propose 2.12 No Obligation to Contract 2.13 Rejection of Proposals 2.14 Commitment of Funds 2.15 Insurance Coverage 3. Proposal Contents 3.1 Letter of Submittal 3.2 Proposer's Experience 3.3 Medical Examination and Cost of Proposal 4. Evaluation and Contract Award 4.1 Evaluation Procedure 4.2 Clarification of Proposal 4.3 Evaluation Weighting and Scoring 4.4 Oral Presentations May Be Required 4.5 Notification to Proposers 4.6 Debriefing of Unsuccessful Proposers 5. RFP Exhibits Exhibit A Certifications and Assurances Exhibit B Draft Contract Exhibit C Insurance Requirements Exhibit D Medical Examination Criteria for General Physical Exams Exhibit E Medical Examination Criteria for Hazardous Materials Team Members Exhibit F Medical Examination Criteria for Pre-Employment Exam Exhibit G Follow-up Medical Examination and Referral by Health Care Provider CITY OF KENT RFP: MEDICAL EXAMINATIONS FOR KENT FIRE DEPARTMENT PERSONNEL Page 2 of 18 1. INTRODUCTION 1.1 PURPOSE, BACKGROUND, and OBJECTIVE The City of Kent (City) is initiating this Request for Proposal (RFP) to solicit proposals from health care providers interested in conducting annual medical examinations, pre-employment medical examinations, and Hazardous Materials Team medical examinations for City of Kent Fire Department personnel. The City of Kent is a community of approximately 85,000 citizens, with future projections estimating a population of 130,000 in the next 10 years. The City's vision statement is "Leading through excellence and public trust. . . let us show you." Its organizational values are: integrity, caring, communication, teamwork, innovation, and achievement. We will have a high level of expectation from the firm chosen to work with the City of Kent on this project. The City of Kent Fire Department has adopted a health maintenance program, which includes a physical fitness program as well as a program of regularly scheduled medical evaluations based on the risk level of Fire personnel. The purpose of this Request for Proposals is to ultimately contract with a health care provider to provide these medical examinations. 1.2 PERIOD OF PERFORMANCE The period of performance of any Contract resulting from this RFP is tentatively scheduled to begin on or about July 5th, 2009, ending on or about December 31, 2011. At its option, the City may elect to extend the term of any Contract up to three (3) additional one (1) year terms. 1.4 DEFINITIONS Definitions for the purposes of this RFP include: Contractor - Individual or company whose proposal has been accepted by the City as the most responsive and responsible proposal, is awarded the Contract, and executes a written Contract with the City of Kent. Contract - The Contract(s) entered into between the City of Kent and the successful Proposer for the performance of the work that is described in this RFP. Proposer - Individual or company submitting a proposal in order to obtain a contract with the City of Kent. Proposal - A formal offer submitted in response to this solicitation. Request for Proposals (RFP) - Formal procurement document in which a service or need is identified but no specific method to achieve it has CITY OF KENT RFP: MEDICAL EXAMINATIONS FOR KENT FIRE DEPARTMENT PERSONNEL Page 3 of 18 I r � been chosen. The purpose of an RFP is to permit qualified firms to suggest various approaches to meet the need at a given price. City - The City of Kent, Washington. 2. GENERAL INFORMATION FOR PROPOSERS 2.1 RFP COORDINATOR The RFP Coordinator is the sole point of contact for this procurement. Upon receipt of this RFP, all communication between the Proposer and the City shall be with the RFP Coordinator as follows: Name Mike Scott Fire Battalion Chief Address 220 47t Ave. S. City, State Zip Code Kent Washington 98032 Phone Number 253 856-4308 Fax Number 253 856-6300 E-Mail Address mscott@ci.kent.wa.us Any other communication will be considered unofficial and non-binding on the City. Proposers are to rely on written statements issued by the RFP Coordinator. Communication directed to parties other than the RFP Coordinator may result in disqualification of the Proposer. 2.2 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES Issue of Request for Proposals May 20 2009 Question and Answer period May 21h through June 4 2009 Last Date for Questions Regarding RFP June 1st 2009 Issue Addendum to RFP (if applicable) June 4t 2009 through June 9th 2009 Proposals Due June 10t , 2009, by 3:00 .m. Pacific time June 11rh through Evaluate Proposals June 17 2009 Announce "Apparent Successful Contractor" and Send Notification Via Fax or E-mail to June 17th , 2009 Unsuccessful Proposers June 17t , 2009 Negotiate and sign contract through July 5th 2009 Council Authorization to Sign Contract July 21 2009 The City reserves the right to revise the above schedule within its sole discretion. 2.4 SUBMISSION OF PROPOSALS CITY OF KENT RFP: MEDICAL EXAMINATIONS FOR KENT FIRE DEPARTMENT PERSONNEL Page 4 of 18 4 ♦ 4 Proposers are required to submit three (3) sets of their sealed Proposal, which must have original signatures. The proposal, whether mailed or hand-delivered, must arrive no later than 3:00 p.m., Pacific Time, on June 4th, 2009. The proposal is to be sent to the City Clerk for the City of Kent. The envelope should be addressed on the outside of the envelope/package in the following manner: City Clerk's Office City of Kent 220 4,nAve. S. Kent Washington 98032 Proposal for Conducting Medical Examinations for the Kent Fire Department Proposers submitting proposals by mail or delivery service should allow sufficient delivery time to ensure timely receipt of their proposals by the City Clerk. Proposers assume the risk for the method of delivery chosen. The City assumes no responsibility for delays caused by mail or any delivery service. Proposals may not be transmitted using electronic media such as facsimile transmission or electronic mail. Late proposals may not be accepted and may automatically disqualify a Proposal from further consideration. All proposals and any accompanying documentation become the property of the City and will not be returned. 2.5 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE BY SUBMITTING A PROPOSAL, ANY PROPOSER AGREES TO FORGO MAKING ANY PUBLIC RECORDS REQUEST FOR ANY PROPOSAL SUBMITTED FOR THIS RFP AND, TO THE EXTENT ALLOWED BY LAW, WAIVES ITS RIGHT TO MAKE SUCH A REQUEST UNTIL THE CONTRACT IS AWARDED TO THE SELECTED PROPOSER AND SIGNED BY THE MAYOR. To the extent allowed by law, all proposals received shall remain strictly confidential until the Contract, if any, resulting from this RFP is signed by the Mayor and the apparent successful contractor. Any information in the proposal that the Proposer desires to claim as proprietary and exempt from disclosure under the provisions of Washington State Public Records Act must be clearly designated. The page must be identified as well as the particular exemption from disclosure upon which the Proposer is making the claim. Each page claimed to be exempt from disclosure must be clearly identified by the word "Confidential" printed on the lower right hand corner of the page. HOWEVER, IDENTIFYING PORTIONS OF A PROPOSAL IN THIS MANNER DOES NOT GUARANTEE THAT THE MATERIALS WILL NOT BE DISCLOSED, AND THE CITY CANNOT GUARANTEE OR WARRANTY THE SAME. The City will consider a Proposer's request for exemption from disclosure; however, the City will make a decision based on its interpretation of state CITY OF KENT RFP: MEDICAL EXAMINATIONS FOR KENT FIRE DEPARTMENT PERSONNEL Page 5 of 18 law. Marking the entire proposal exempt from disclosure will not be honored. The Proposer must be reasonable in designating information as confidential. If any information is marked as proprietary in the proposal, such information will not be made available until the affected Proposer has been given at least 24 hours prior notice so that the Proposer may seek a protective order in a court of appropriate jurisdiction against the requested disclosure. BY SUBMITTING A PROPOSAL, THE PROPOSER AGREES THAT IT IS NOT THE RESPONSIBILITY OF THE CITY OF KENT TO SEEK ANY PROTECTIVE ORDERS ON BEHALF OF THAT PROPOSER AND PROPOSER WAIVES ALL RIGHTS IN THAT REGARD. 2.6 REVISIONS TO THE RFP All questions and requests for clarification must be put in writing and submitted to the RFP Coordinator by May 29th, 2009, and will be formally answered in the form of a written addendum that will be sent by email or facsimile to all prospective Proposers who have requested this Request for Proposal Document. Such addenda will become part of the RFP. All revisions to this RFP will be in the form of such written addenda, and no oral revision should be relied on by any Proposer for any purpose. The City also reserves the right to cancel or to rescind and reissue the RFP in whole or in part, at any time prior to execution of a Contract. 2.7 MINORITY & WOMEN-OWNED BUSINESS PARTICIPATION The City encourages participation in all of its contracts by women and minority owned firms or companies. Participation may be either on a direct basis in response to this solicitation or on a subcontractor basis. However, no preference will be included in the evaluation of proposals, no minimum level of MWBE participation shall be required as a condition for receiving an award, and proposals will not be rejected or considered non- responsive on that basis. 2.8 ACCEPTANCE PERIOD Proposals must provide sixty (60) days for acceptance by the City from the due date for receipt of proposals. 2.9 RESPONSIVENESS All proposals will be reviewed by the RFP Coordinator to determine compliance with administrative requirements and instructions specified in this RFP. Proposers are specifically notified that failure to comply with any part of the RFP may result in rejection of the proposal as non- responsive. The City reserves the right, in its sole discretion, to waive minor irregularities that do not confer a material advantage to a given proposal. 2.10 MOST FAVORABLE TERMS CITY OF KENT RFP: MEDICAL EXAMINATIONS FOR KENT FIRE DEPARTMENT PERSONNEL Page 6 of 18 The City reserves the right to make an award without further discussion of the proposal submitted. Therefore, the proposal should be submitted initially on the most favorable terms that the Proposer can propose. There will be no best and final offer procedure. The City does reserve the right to contact a Proposer for clarification of its proposal during the evaluation process. In addition, if the Proposer is selected as the apparent successful contractor, the City reserves the right to enter into Contract negotiations with the apparent successful contractor, which may include discussion regarding the terms of the proposal. Contract negotiations may result in incorporation of some or all of the Proposer's proposal submission. The Proposer should be prepared to accept this RFP for incorporation into a Contract resulting from this RFP. It is also understood that the proposal will become part of the official procurement file. 2.11 CONTRACT AND GENERAL TERMS & CONDITIONS The apparent successful contractor will be expected to enter into a Contract that is substantially the same as the sample Contract attached and incorporated as Exhibit B. In no event is a Proposer to submit its own standard contract terms and conditions in response to this solicitation. The Proposer may submit exceptions as allowed in the Certifications and Assurances section, attached as Exhibit A to this solicitation. The City will review requested exceptions and accept or reject the same at its sole discretion. 2.12 COSTS TO PROPOSE The City will not be liable for any costs incurred by the Proposer in preparation of a proposal submitted in response to this RFP, in conduct of a presentation, or any other activities related to responding to this RFP. 2.13 NO OBLIGATION TO CONTRACT This RFP does not obligate the City to contract for services specified herein. Participation in this RFP and/or submission of a proposal does not confer any legal right or entitlement to Proposers, nor create any obligation thereto on the part of the City. 2.14 REJECTION OF PROPOSALS The City reserves the right at its sole discretion to reject any and all proposals received without penalty and not to issue a Contract as a result of this RFP. 2.15 COMMITMENT OF FUNDS The Mayor or the Mayor's delegate is the only individual who may legally commit the City to the expenditures of funds for a Contract resulting from this RFP. No cost chargeable to the proposed Contract may be incurred before receipt of a fully executed Contract. 2.16 INSURANCE COVERAGE The Contractor shall, at its own expense, obtain and keep in force insurance coverage that shall be maintained in full force and effect during CITY OF KENT RFP: MEDICAL EXAMINATIONS FOR KENT FIRE DEPARTMENT PERSONNEL Page 7 of 18 the term of the Contract. The insurance provided shall be in the minimum types and amounts set forth in the attached Exhibit C. The Contractor shall furnish evidence, in the form of a Certificate of Insurance, that insurance shall be provided, and a copy shall be forwarded to the City prior to the effective date of any Contract entered into as a result of this RFP. 3. PROPOSAL CONTENTS Proposals must be submitted on eight and one-half by eleven (8 1/2 x 11) inch paper with tabs separating the major sections of the proposal. The sections of the proposal are to be submitted in the order noted below: A. Signed or Certified Letter of Submittal, including signed Certifications and Assurances (Exhibit A to this RFP) B. Proposer's Experience C. Medical Examination and Cost Proposal 1. Medical Examination Criteria for General Physical Exam (Exhibit D to this RFP) 2. Medical Examination Criteria for Hazardous Materials Team Member Exam (Exhibit E to this RFP) 3. Medical Examination Criteria for Pre-Employment Exam (Exhibit F to this RFP) 4. Follow-Up and Referral by Health Care Provider (Exhibit G to this RFP) Proposals must provide information in the same order as presented in this document with the same headings. 3.1 LETTER OF SUBMITTAL The Letter of Submittal and the attached Certifications and Assurances form (Exhibit A to this RFP) must be signed and dated by a person authorized to legally bind the Proposer to a contractual relationship, e.g., the President or Executive Director in a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship. Along with introductory remarks, the Letter of Submittal is to include, by attachment, the following information about the Proposer and any proposed subcontractors: A. Name, address, principal place of business, telephone number, and fax number/e-mail address of legal entity or individual with whom Contract would be written. CITY OF KENT RFP: MEDICAL EXAMINATIONS FOR KENT FIRE DEPARTMENT PERSONNEL Page 8 of 18 B. Name, address, and telephone number of each principal officer (President, Vice President, Treasurer, Chairperson of the Board of Directors, etc.). C. Legal status of the Proposer (sole proprietorship, partnership, corporation, etc.), and the year the entity was organized to do business as the entity now substantially exists. D. Federal Employer Tax Identification Number or Social Security Number, and the Washington Uniform Business Identification (UBI) number issued by the state of Washington Department of Revenue. Proposals of entities not registered to do business in Washington State will be rejected as not responsive. E. Identity of any City employee or former City employee employed or on the firm's governing board as of the date of the proposal. Include his or her position and responsibilities within the Proposer's organization. If following a review of this information it is determined by the City that a conflict of interest exists, the Proposer may be disqualified from further consideration for the award of a Contract. 3.2 PROPOSER'S EXPERIENCE The experience portion of the Proposal must contain information regarding the Proposer's staff qualifications, related experience, and references. A. Description of the Proposer - A succinct description of why the Proposer's company is the best qualified choice to provide medical examination services to the Kent Fire Department. B. Philosophy - Include an overview of the Proposer's operating concept and philosophy. C. Experience - Indicate the experience the Proposer has had in providing the medical examination services described in this RFP. In responding to this portion of the proposal, the Proposer should: 1. Indicate the experience the Proposer has had in providing medical examination services, including experience in providing those services to fire department personnel. 2. List contracts the Proposer may have had in the last five (5) years that relate to the Proposer's ability to provide medical examination services under this RFP. List contract reference numbers, contract period of performance, contact persons, telephone numbers, and fax numbers/e-mail addresses. 3. Number of full time personnel committed to providing medical examination services. CITY OF KENT RFP: MEDICAL EXAMINATIONS FOR KENT FIRE DEPARTMENT PERSONNEL Page 9 of 18 4. The names and qualifications of personnel who will be assigned to carry out contract responsibilities if contract is awarded. 5. Indicate any other experience that indicates the qualifications of the Proposer for the performance of the potential Contract. D. Subcontractors - In the event the Proposer intends to subcontract or joint venture any of the proposed work stated in its Proposal, the Proposer shall submit the information required by this section 3.2 for each proposed subcontractor or joint venturer. E. References - List names, addresses, telephone numbers, and fax numbers/e-mail addresses of three (3) business references for which work has been accomplished and briefly describe the type of service provided. The Proposer and staff proposed to provide the products and services set forth in this RFP must grant permission to the City to contact references, and others for whom services have been provided. References will be contacted and scored for the finalist proposal(s) only. F. Related Information 1. If any member of the Proposer's staff, or its subcontractor's staff, was an employee of the City during the past 24 months, or is currently a City employee, identify the individual by name, job title, or position held, and separation date. 2. If the Proposer has had a contract terminated for default in the last five (5) years, describe such incident. Termination for default is defined as notice to stop performance due to the Proposer's non-performance or poor performance and the issue of performance was either: (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and such litigation determined that the Proposer was in default. 3. Submit full details of the termination for default including the other party's name, address, and phone number. Present the Proposer's position on the matter. The City will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of the past experience. If no such termination for default has been experienced by the Proposer in the past five (5) years, so indicate. 3.3 MEDICAL EXAMINATION AND COST PROPOSAL This portion of the Proposal must contain a comprehensive description of services including the following elements: CITY OF KENT RFP: MEDICAL EXAMINATIONS FOR KENT FIRE DEPARTMENT PERSONNEL Page 10 of 18 A. Generally. 1. Standards of Care Required. All medical examination services shall be conducted in accord with the Standard on Comprehensive Occupational Medical Program for Fire Departments, published by the National Fire Protection Association, which has been adopted by the City's Civil Service Commission as the basis for all examinations. A copy of this program may be obtained by contacting: National Fire Protection Association 1 Batterymarch Park PO Box 9101 Quincy, MA 02269-9101 http://www.nfr)a.org/catalog 2. Exceptions and Additions to Care. At a minimum, all tests, examinations, and services reflected in this Request for Proposal shall be conducted. Any exceptions shall be noted as provided for in Section 21 above. If Proposer recommends additional services be performed beyond those set forth in this Request for Proposals Document, the City requests that the Proposer identify those services, and any applicable fees associated with those additional services. 3. Exam Location. Each proposal shall affirm that all tests and medical examination services will be provided on site at a designated Kent Fire Department facility, and shall state the length of time associated with each examination. Note: All tests and exams shall be conducted in one visit, unless an alternative arrangement is agreed to by the City. Any exceptions shall be noted as provided for in Section 2.1 above. 4. Follow-up Exams. Each proposal shall include a follow-up visit with the health care provider on all annual medical examinations and a follow-up visit for all applicants who are hired after their pre-employment medical examination, as provided for in this Request for Proposal Document. 5. Release of Information. The results of all examinations shall generally be kept confidential by the health care provider. The health care provider shall only be allowed to provide to the City information that relates to the employee's medical fitness for duty in accordance with HIPPA, NFPA 1582, and the union agreement between the City and its fire personnel, and any follow-ups or referrals that impact the employee's ability to perform emergency duties. Prior to notifying the City of the results of the examination and any tests CITY OF KENT RFP: MEDICAL EXAMINATIONS FOR KENT FIRE DEPARTMENT PERSONNEL Page 11 of 18 conducted, the health care provider shall first notify the Fire employee of those results in a timely manner, unless in the health care provider's opinion, immediate notification to the City is necessary. Subject to federal and state laws, no information shall be released to any other party without prior written permission by the Fire employee, for each requested release of information. 6. Lab Results. The health care provider shall also provide results of all lab tests and analysis to the employee. 7. Blood or Airborne Exposure. The Proposal shall include provisions for handling any and all blood or airborne exposure incidents experienced by Kent Fire Department personnel while in the performance of their duties. Personnel exposed off-duty are to be allowed access to the same systems, without expense incurred to the City beyond those provided for in this Request for Proposals. Proposals will include provisions for access to a knowledgeable, live contact person 24 hours per day, 7 days a week, who will give the requesting Fire employee a detailed explanation of the correct procedures to follow for the proper handling of the exposure. 8. Billing. All invoices for care rendered shall be submitted periodically as the successful contractor and the City may provide for in any resulting contract. However, all invoices submitted shall contain an accounting of the medical services actually performed as agreed to in any resulting contract for approved services and costs, and the name of each employee receiving services. B. Medical Examination Criteria for General Physical Exams. 1. Medical Services to Be Performed and the Cost of those Services In providing general physical exams, the successful contractor shall provide, at a minimum, those services provided for in Exhibit D to this Request for Proposals. All Proposers shall submit Exhibit D with its Proposal and identify the fee charged by it for the identified services. If a Proposer recommends additional services be performed beyond those set forth on Exhibit D, the City requests that the Proposer identify those services, and any applicable fees associated with those services, as a supplement to Exhibit D. 2. Freguency of General Physical Exam. The Kent Fire Department has adopted a schedule, based on age and risk, of the frequency of when general medical examinations will CITY OF KENT RFP: MEDICAL EXAMINATIONS FOR KENT FIRE DEPARTMENT PERSONNEL Page 12 of 18 be provided to Fire personnel. A general physical would be given by age as follows: Age Exam Frequency 18 - 29 Years Old Every 4 Years 30 - 36 Years Old Every 3 Years 37 - 45 Years Old Every 2 Years 46 Years Old and Older Every Year Despite this frequency schedule, and in accordance with the union agreement between the City and its fire personnel, an employee may request a medical examination be performed by the health care provider under this Request for Proposal Document. Based on this schedule, approximately 140 general physicals are conducted every year. The timing of those examinations may vary, but generally all physical examinations will be conducted between September and November of each calendar year. 3. Additional Exams or Follow-Ups, If Necessary or Requested. Fire personnel with known health problems that might predispose them to injury or illness may arbitrarily be assigned to more frequent examinations at the health care provider's discretion. Likewise, if a Fire employee feels the need for an examination, he or she may request one. Upon request, the health care provider shall perform an examination reasonable and appropriate for the condition causing the request, and if necessary, may refer the employee to another health care provider. C. Medical Examination Criteria for Hazardous Materials Team Members. 1. Medical Services to Be Performed and the Cost of those Services. In providing examinations for Hazardous Materials Team Members, the successful contractor shall provide, at a minimum, those services provided for in Exhibit E to this Request for Proposals. All Proposers shall submit Exhibit E q P P with its Proposal and identify the fee charged by it for the identified services. If a Proposer recommends additional services be performed beyond those set forth on Exhibit E, the City requests that the Proposer identify those services, and any applicable fees associated with those services, as a supplement to Exhibit E. 2. Number of Examinations for Hazardous Materials Team Members. Approximately 20 examinations are conducted CITY OF KENT RFP: MEDICAL EXAMINATIONS FOR KENT FIRE DEPARTMENT PERSONNEL Page 13 of 18 every year for Hazardous Materials Team Members. All new members to the Hazardous Materials Team receive a baseline exam. Thereafter, examinations are conducted on an annual basis, and a final examination is conducted at the time the employee leaves the Hazardous Materials Team for reassignment. These medical examinations are generally conducted at the same time as the general physical. Additional examinations will occur when personnel are exposed to hazardous materials. D. Medical Examination Criteria for Pre-Employment Exam. 1. Medical Services to Be Performed and the Cost of those Services. In providing pre-employment medical examinations, the successful contractor shall provide, at a minimum, those services provided for in Exhibit F to this Request for Proposals. All Proposers shall submit Exhibit F with its Proposal and identify the fee charged by it for the identified services. If a Proposer recommends additional services be performed beyond those set forth on Exhibit F, the City requests that the Proposer identify those services, and any applicable fees associated with those services, as a supplement to Exhibit F. 2. Number of Pre-Employment Examinations. Approximately 15 pre-employment examinations are conducted every year. These examinations will be scheduled based upon the City's need to fill vacancies. 3. Follow-Up Exam. If an applicant has been offered conditional employment by the City, the successful contractor shall conduct a pre-employment examination as set forth in Exhibit F, and provide a follow-up interview with the prospective employee. E. Follow-up Medical Examination and Referral by Health Care Provider. For follow-up examinations and referrals, the successful contractor shall provide, at a minimum, those services provided for in Exhibit G to this Request for Proposals. All Proposers shall submit Exhibit G with its Proposal and identify the fee charged by it for the identified services. F. Creativity. Proposers may present any creative approaches that might be appropriate. The Proposer may also provide supporting documentation that would be pertinent to this RFP, but not mentioned by the City in this RFP. 4. EVALUATION AND CONTRACT AWARD CITY OF KENT RFP: MEDICAL EXAMINATIONS FOR KENT FIRE DEPARTMENT PERSONNEL Page 14 of 18 4.1 EVALUATION PROCEDURE The City will select finalist(s) from the Proposers' responses to the RFP, any requested written submittals, and any requested oral presentations. The City may contact the finalist(s) to schedule a date, time, and location for further discussion, clarification, negotiation, or interviews. If the City elects to continue its selection process with more than one Proposer, it will inform the finalists at that time of the final selection process. If the City selects a single finalist, it will enter into and seek to complete contract negotiations immediately. Should negotiations fail with any finalist at any time, the City may reopen discussions or negotiations with any of the other initial Proposers. The City's final decision will be based on the scoring process in combination with references and the informed judgment of the evaluation team regarding the creativity, willingness, and ability of the apparent successful Proposer to meet the City's requirements. The City reserves its unqualified right to select the proposal it determines best meets all of the City's needs and goals. The evaluation team, and not any Proposer, is best qualified to make that decision. By submitting to this RFP process, the Proposer acknowledges and accepts that the City evaluation team decision will be made on both objective and subjective criteria, further agrees it will not subsequently file any claim or suit pertaining to the City's decision on this RFP based on this process and specifically waives any right it might have to file such a suit or claim and accepts that any protest will be limited to the process described in Section 4.7. 4.2 CLARIFICATION OF PROPOSAL The RFP Coordinator may contact the Proposer for clarification of any portion of the Proposer's proposal submission. 4.3 EVALUATION WEIGHTING AND SCORING The following weighting and points will be assigned to the proposal for evaluation purposes: Ability of Proposer to Meet the Needs of the City 40% percent Experience of Proposer 20% percent Cost of Proposal 30% percent References 10% percent 4.4 ORAL PRESENTATIONS MAY BE REQUIRED Should oral presentations become necessary, the City will contact the top- scoring firm(s) to schedule a date, time, and location. Commitments made by the Proposer at the oral interview, if any, will be considered binding. The score from the oral presentation will determine the apparent successful Proposer. 4.5 NOTIFICATION TO PROPOSERS CITY OF KENT RFP: MEDICAL EXAMINATIONS FOR KENT FIRE DEPARTMENT PERSONNEL Page 15 of 18 Firms whose proposals have not been selected for further participation or award will be notified via FAX or by e-mail. 4.6 DEBRIEFING OF UNSUCCESSFUL PROPOSERS Upon request, a debriefing conference will be scheduled with an unsuccessful Proposer. The request for a debriefing conference must be received by the RFP Coordinator within three (3) business days after the Notification of Unsuccessful Proposer letter is faxed/e-mailed to the Proposer. The debriefing will be held within three (3) business days of the request or at such later date as is identified by the City. Discussion will be limited to a critique of the requesting Proposer's proposal submission. Comparisons between proposals or evaluations of the other proposals will not be allowed. Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of one (1) hour. 5. RFP EXHIBITS Exhibit A Certifications and Assurances Exhibit B Draft Contract Exhibit C Insurance Requirements Exhibit D Medical Examination Criteria for General Physical Exams Exhibit E Medical Examination Criteria for Hazardous Materials Team Members Exhibit F Medical Examination Criteria for Pre-Employment Exam Exhibit G Follow-up Medical Examination and Referral by Health Care Provider CITY OF KENT RFP: MEDICAL EXAMINATIONS FOR KENT FIRE DEPARTMENT PERSONNEL Page 16 of 18 Exhibit A to Medical Examinations for City of Kent Fire Department Personnel CERTIFICATIONS AND ASSURANCES I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract(s): 1. I/we declare that all answers and statements made in the proposal are true and correct. 2. The prices and/or costs data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal. 3. The attached proposal is a firm offer for a period of 60 days following receipt, and it may be accepted by the City of Kent, Washington without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 60-day period. 4. In preparing this proposal, I/we have not been assisted by any current or former employee of the City of Kent whose duties relate (or did relate) to this proposal or prospective contract, and who was assisting in other than his or her official, public capacity. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.) 5. I/we understand that the City of Kent will not reimburse me/us for any costs incurred in the preparation of this proposal All proposals become the property of the City of Kent, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal. 6. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by him/her prior to opening, directly or indirectly, to any other Proposer or to any competitor. 7. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document. 8. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. 9. I/we grant the City of Kent the right to contact references and others, who may have pertinent information regarding the Proposer's prior experience and ability to perform the services contemplated in this pro /ent SW,L✓l Signature of Proposer Title bate Exhibit A — Certifications and Assurances to RFP for Medical Examinations for City of Kent Fire Department Page 1 of 1 Exhibit B to Medical Examinations for City of Kent Fire Department Personnel SAMPLE CONTRACT PROFESSIONAL SERVICES AGREEMENT Between the City of Kent and [Insert Contractor's Company Name] THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and [Insert Contractor's Co. Name] organized under the laws of the State of [Insert State Co Formed Under], located and doing business at [Insert Contractor's Address and Phone Number] (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Annual medical examinations, pre-employment medical examinations, Hazardous Materials Team medical examinations, and follow-up and referral examinations services in accordance with the City's , 2009, Request for Proposals, attached and incorporated as Exhibit A, and the Contractor's , 2009, Proposal Response, attached and incorporated as Exhibit B. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement, and Contractor shall complete the work by December 31, 20 At its option, the City may elect to extend the terms of this Agreement for uD to three (3) additional one (1) year terms. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed [Insert maximum dollar amount to be paid for services. You may type out the dollar amount and place the numerical dollar amount in parentheses or you may just enter the numerical dollar amount.] for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit B. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. Exhibit B - PROFESSIONAL SERVICES AGREEMENT RFP for Medical Examinations for City of Kent Fire Department Page 1 of 7 C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1 2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. Exhibit B - PROFESSIONAL SERVICES AGREEMENT RFP for Medical Examinations for City of Kent Fire Department Page 2 of 7 A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its: Its Mayor (title) DATE: DATE: Exhibit B - PROFESSIONAL SERVICES AGREEMENT RFP for Medical Examinations for City of Kent Fire Department Page 3 of 7 Exhibit B - PROFESSIONAL SERVICES AGREEMENT RFP for Medical Examinations for City of Kent Fire Department Page 4 of 7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: [Insert Contact Name] Mike Scott, Fire Battalion Chief [Insert Company Name] City of Kent [Insert Address] 220 Fourth Avenue South [Address - Continued] Kent, WA 98032 [Insert Telephone Number] (telephone) (253) 856-4308 (telephone) [Insert Fax Number] (facsimile) (253) 856-6300 (facsimile) APPROVED AS TO FORM: Kent Law Department Exhibit B - PROFESSIONAL SERVICES AGREEMENT RFP for Medical Examinations for City of Kent Fire Department Page 5 of 7 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 200_ By: For: Title: Date: Exhibit B - PROFESSIONAL SERVICES AGREEMENT RFP for Medical Examinations for City of Kent Fire Department Page 6 of 7 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. Exhibit B - PROFESSIONAL SERVICES AGREEMENT RFP for Medical Examinations for City of Kent Fire Department Page 7 of 7 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I compiled fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_. By: For: Title: Date: Exhibit B - PROFESSIONAL SERVICES AGREEMENT RFP for Medical Examinations for City of Kent Fire Department Page 8 of 7 ,4 Exhibit C to Medical Examinations for City of Kent Fire Department Personnel INSURANCE REQUIREMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Comoensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage Exhibit C - Insurance Requirements RFP for Medical Examinations for City of Kent Fire Department Page 1 of 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 1200. By: For: Title: Date: Exhibit B - PROFESSIONAL SERVICES AGREEMENT RFP for Medical Examinations for City of Kent Fire Department Page 8 of 7 maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to received a certified copy of all required insurance policies The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VI I. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Exhibit C - Insurance Requirements RFP for Medical Examinations for City of Kent Fire Department Page 2 of 2 Exhibit D Medical Examination Criteria for General Physical Exams 1. Medical History Questionnaire $ An initial pre-employment history questionnaire must be completed to provide baseline information with which to compare future medical concerns. A periodic medical history questionnaire must be completed to provide follow-up information. Periodic questionnaires focus on changes in health status An Annual respiratory questionnaire is required. 2. Hands-on Physical Examination Included • Vital Signs • Head, eyes, ears, nose, and throat Neck • Cardiovascular Inspection, auscultation, percussion and palpation • Pulmonary Inspection, auscultation, percussion and palpation • Gastrointestinal Inspection, auscultation, percussion and palpation • Genitourinary Hernia exam (also see cancer screening) • Rectal (See cancer screening) • Lymph Nodes The examination of organ systems must be supplemented with an evaluation of lymph nodes in the cervical, auxiliary, and inguinal regions. • Neurological The neurological exam for uniformed personnel must include a general mental status evaluation and general assessment of the major cranial/peripheral nerves (motor, sensory, reflexes) • Musculoskeletal Includes an overall assessment of range of motion (ROM) of all joints. Additionally, observation of the personnel performing certain standard office exercises or functions is helpful in assessing joint mobility and function, 3. Blood Analysis $ The following are components of the blood analysis. At a minimum, laboratory services must provide these components in their automated chemistry panel (a.k.a. SMAC 20) and complete blood count (CBC) protocols. • White Blood Cell Count • Differential • Red Blood Cell Count (Hematocrit) • Platelet Count Exhibit D - Medical Examination Criteria for General Physical Exams Page 1 of 3 • Liver Function Tests Includes SGOT/AST, SGPT/ALT, LDH, Alkaline Phosphatase, and Bilirubin • Triglycerides • Glucose • Blood Urea Nitrogen • Creatirnne • Sodium • Potassium • Carbon Dioxide • Total Protein • Albumin • Calcium • Cholesterol Includes Total Cholesterol, Low Density Lipoprotein (LDL-C) level, High Density Lipoprotein (HDL-C), and Total Cholesterol/HDL Ratio. 4. Urinalysis • Dip Stick Included w/ Above Includes pH, Glucose, Ketones, Protein, Blood, and Bilirubin • Microscopic Included w/ Above Includes WBC, RBC, WBC Casts, RBC Casts, and Crystals S. Vision Tests $ Assessment of vision must include evaluation of distance, near, peripheral, and color vision Evaluate for common visual disorders including cataracts, macular degeneration, glaucoma, and diabetic retinopathy. 6. Hearin Audio ram 9 ( 9 ) $ 7. Pulmonary (Spirogram) $ S. Chest X-Ray - Every 5 years - mandatory $ 9. EKG (Resting) $ 10. Cancer Screening Elements • May be provided to health care provider by employee's personal physician: o Clinical Breast Examination $ o Mammogram $ o Pap Smear $ Exhibit D - Medical Examination Criteria for General Physical Exams Page 2 of 3 • Prostate Specific Antigen $ Annual on all male uniformed personnel who have a positive family history of prostate cancer or are African-Americans beginning at age 40. All male uniformed personnel beginning at age 50. • Digital Rectal Exam N/C • Fecal Occult Blood Testing $ • Skin Exam N/C • Testicular Exam N/C 11. Immunizations and Infectious Disease Screening • Tuberculosis Screen - Annual $ • Tetanus/Diphtheria Vaccine (Booster every 10 yrs) $ • Hepatitis A Vaccine $ Vaccine shall be offered to high risk (HazMat, USAR, and SCUBA) and other uniformed personnel with frequent or expected frequent contaminated water exposures. • Hepatitis C Virus Screen - OPTIONAL $ • HIV Screening (required that it be offered) $ HIV testing should be offered on a confidential basis as part of post-exposure protocols and as requested by the physician and patient. 12. Annual Fitness Evaluation - identified at risk members and any member over the age of 46. • Aerobic Capacity c Gherkin Protocol (Treadmill) $ o Maximal cardiopulmonary test with EKG $ Exhibit D - Medical Examination Criteria for General Physical Exams Page 3 of 3 Exhibit E Medical Examination Criteria for Hazardous Materials Team Members 1. Medical History Questionnaire $ An initial pre-employment history questionnaire must be completed to provide baseline information with which to compare future medical concerns. A periodic medical history questionnaire must be completed to provide follow-up information. Periodic questionnaires focus on changes in health status. An Annual respiratory questionnaire is required. 2. Hands-on Physical Examination Included • Vital Signs • Head, eyes, ears, nose and throat Neck • Cardiovascular Inspection, auscultation, percussion and palpation • Pulmonary Inspection, auscultation, percussion and palpation • Gastrointestinal Inspection, auscultation, percussion and palpation • Genitourinary Hernia exam (also see cancer screening) • Rectal (See cancer screening) • Lymph Nodes The examination of organ systems must be supplemented with an evaluation of lymph nodes in the cervical, auxiliary and rngurnal regions. • Neurological The neurological exam for uniformed personnel must include a general mental status evaluation and general assessment of the major cranial/peripheral nerves (motor, sensory, reflexes) • Musculoskeletal Includes an overall assessment of range of motion (ROM) of all joints. Additionally, observation of the personnel performing certain standard office exercises or functions Is helpful in assessing joint mobility and function. 3. Blood Analysis $ The following are components of the blood analysis. At a minimum, laboratory services must provide these components in their automated chemistry panel (a.k.a. SMAC 20) and complete blood count (CBC) protocols. • White Blood Cell Count • Differential • Red Blood Cell Count (Hematocrit) Exhibit E - Medical Examination Criteria for Hazardous Materials Team Members Page 1 of 4 • Platelet Count • Liver Function Tests Includes SGOT/AST, SGPT/ALT, LDH, Alkaline Phosphatase, and Bilirubin • Triglycerides • Glucose • Blood Urea Nitrogen • Creatmine • Sodium • Potassium • Carbon Dioxide • Total Protein • Albumin • Calcium • Cholesterol Includes Total Cholesterol, Low Density Lipoprotein (LDL-C) level, High Density Lipoprotein (HDL-C), and Total Cholesterol/HDL Ratio, 4. Urinalysis • Dip Stick Included w/Above Includes pH, Glucose, Ketones, Protein, Blood, and Bdirubin • Microscopic Included w/Above Includes WBC, RBC, WBC Casts, RBC Casts, and Crystals S. Heavy Metal and Special Exposure Screening $ Baseline testing, for heavy metals may be assessed on the initial physical but is not required under the Initiative since the utility of such testing has not been medically established. However, evaluations are required to be done under special circumstances, such as following a known exposure, for recurrent exposures, or where required under Federal, State or Provincial regulations (e.g. OSHA standards). • Arsenic (urine) $ • Mercury (urine) $ • Lead (urine) $ • Lead (blood) $ • Aluminum $ • Antimony $ • Bismuth $ • Cadmium $ • Chromium $ • Copper $ • Nickel $ • Zinc $ • Organophosphates (RB cholinesterase) $ • Polychlorinated Biphenyls (blood) $ Exhibit E - Medical Examination Criteria for Hazardous Materials Team Members Page 2 of 4 6. Vision Tests $ Assessment of vision must include evaluation of distance, near, peripheral, and color vision. Evaluate for common visual disorders including cataracts, macular degeneration, glaucoma, and diabetic retinopathy. 7. Hearing (Audiogram) $ 8. Pulmonary (Spirogram) $ 9. Chest X-Ray - Every 5 years - mandatory $ 10. EKG (Resting) $ 11. Cancer Screening Elements • May be provided to health care provider by employee's personal physician: c Clinical Breast Examination $ o Mammogram $ o Pap Smear $ • Prostate Specific Antigen: $ Annual on all male uniformed personnel who have a positive family history of prostate cancer or are African-Americans beginning at age 40. All male uniformed personnel beginning at age 50. Digital Rectal Exam N/C Fecal Occult Blood Testing $ • Skin Exam N/C • Testicular Exam N/C 12. Immunizations and Infectious Disease Screening • Tuberculosis Screen - Annual $ • Tetanus/Diphtheria Vaccine (Booster every 10 yrs) $ • Hepatitis A Vaccine $ Vaccine shall be offered to high risk (HazMat, USAR, and SCUBA) and other uniformed personnel with frequent or expected frequent contaminated water exposures. • Hepatitis C Virus Screen -p us Sc ee OPTIONAL $ • HIV Screening (required that it be offered) $ HIV testing should be offered on a confidential basis as part of post-exposure protocols and as requested by the physician and patient. Exhibit E - Medical Examination Criteria for Hazardous Materials Team Members Page 3 of 4 13. Annual Fitness Evaluation - identified at risk members and any member over the age of 46, Aerobic Capacity o Gherkin Protocol(Treadmill) $ o Maximal cardiopulmonary test with EKG $ 14. Weight and Body Composition $ Body weight shall be measured and recorded. Body composition shall be conducted solely for the purpose of departmental health surveillance. Exhibit E - Medical Examination Criteria for Hazardous Materials Team Members Page 4of4 Exhibit F Medical Examination Criteria for Pre-Employment Exam 1. Medical History Questionnaire $ An initial pre-employment history questionnaire must be completed to provide baseline information with which to compare future medical concerns A periodic medical history questionnaire must be completed to provide follow-up information. Periodic questionnaires focus on changes in health status. An Annual respiratory questionnaire is required. 2. Hands-on Physical Examination Included • Vital Signs • Head, eyes, ears, nose and throat Neck • Cardiovascular Inspection, auscultation, percussion and palpation • Pulmonary Inspection, auscultation, percussion and palpation • Gastrointestinal Inspection, auscultation, percussion and palpation • Genitourinary Hernia exam (also see cancer screening) • Recta I (See cancer screening) • Lymph Nodes The examination of organ systems must be supplemented with an evaluation of lymph nodes in the cervical, auxiliary and inguinal regions. • Neurological The neurological exam for uniformed personnel must include a general mental status evaluation and general assessment of the major cranial/peripheral nerves (motor, sensory, reflexes) • Musculoskeletal Includes an overall assessment of range of motion (ROM) of all joints. Additionally, observation of the personnel performing certain standard office exercises or functions is helpful in assessing joint mobility and function. 3. Blood Analysis $ The following are components of the blood analysis. At a minimum, laboratory services must provide these components in their automated chemistry panel (a.k.a. SMAC 20) and complete blood count (CBC) protocols. • White Blood Cell Count • Differential • Red Blood Cell Count (Hematocrit) • Platelet Count Exhibit F - Medical Examination Criteria for Pre-Employment Examination Page 1 of 4 • Liver Function Tests Includes SGOT/AST, SGPT/ALT, LDH, Alkaline Phosphatase, and Bilirubin • Triglycendes • Glucose • Blood Urea Nitrogen • Creatinme • Sodium • Potassium • Carbon Dioxide • Total Protein • Albumin • Calcium • Cholesterol Includes Total Cholesterol, Low Density Lipoprotein (LDL-C) level, High Density Lipoprotein (HDL-C), and Total Cholesterol/HDL Ratio. 4. Urinalysis • Dip Stick Included w/Above Includes pH, Glucose, Ketones, Protein, Blood, and Bilirubin • Microscopic Included w/Above Includes WBC, RBC, WBC Casts, RBC Casts, and Crystals S. Heavy Metal and Special Exposure Screening $ Baseline testing, for heavy metals may be assessed on the initial physical but is not required under the Initiative since the utility of such testing has not been medically established. However, evaluations are required to be done under special circumstances, such as following a known exposure, for recurrent exposures, or where required under Federal, State or Provincial regulations (e.g. OSHA standards). • Arsenic (urine) $ • Mercury (urine) $ • Lead (urine) $ • Lead (blood) $ • Aluminum $ • Antimony $ • Bismuth $ • Cadmium $ • Chromium $ • Copper $ • Nickel $ • Zinc $ • Organophosphates (RB cholinesterase) $ • Polychlorinated Biphenyls (blood) $ Exhibit F - Medical Examination Criteria for Pre-Employment Examination Page 2 of 4 6. Vision Tests $ Assessment of vision must include evaluation of distance, near, peripheral, and color vision. Evaluate for common visual disorders including cataracts, macular degeneration, glaucoma, and diabetic retinopathy. 7. Hearing (Audiogram) $ S. Pulmonary (Spirogram) $ 9. Chest X-Ray - Every 5 years - mandatory $ 10. EKG (Resting) $ 11. Cancer Screening Elements • May be provided to health care provider by employee's personal physician: o Clinical Breast Examination $ o Mammogram $ o Pap Smear $ • Prostate Specific Antigen: $ Annual on all male uniformed personnel who have a positive family history of prostate cancer or are African-Amencans beginning at age 40. All male uniformed personnel beginning at age 50. • Digital Rectal Exam N/C • Fecal Occult Blood Testing $ • Skin Exam N/C • Testicular Exam N/C 12. Immunizations and Infectious Disease Screening • Tuberculosis Screen - Annual $ • Tetanus/Diphtheria Vaccine (Booster every 10 yrs) $ • Hepatitis A Vaccine $ Vaccine shall be offered to high risk (HazMat, USAR, and SCUBA) and other uniformed personnel with frequent or expected frequent contaminated water exposures. • Hepatitis B Virus Vaccine Series (mandatory at initial) $ Includes Titre testing • Hepatitis C Virus Screen (entry baseline) - $ HIV Screening (required that it be offered) $ Exhibit F - Medical Examination Criteria for Pre-Employment Examination Page 3 of 4 F HIV testing should be offered on a confidential basis as part of post-exposure protocols and as requested by the physician and patient. • Measles, Mumps, Rubella Vaccine (MMR) Measles Vaccine (entry baseline—verify or provide. $ Vaccine is required for all uniformed personnel born in or after 1957 if there is no medical contraindication and no evidence of at least one dose of live vaccine on or after one's first birthday. • Mumps Vaccine (entry baseline - verify or provide) $ Vaccine is required for all uniformed personnel born in or after 1957 if there is no documentation of physician-diagnosed mumps, no adequate immunization with live mumps after their first birthday and no evidence of laboratory immunity. • Rubella Vaccine (entry baseline - verify or provide) $ Vaccine is required unless proof of immunity is available. • Polio Vaccine (entry baseline - verify or provide) $ Vaccine shall be given to uniformed personnel if vaccination or disease is not documented. • Vancella Vaccine (required to be offered) $ • Influenza Vaccine (required to be offered) $ 13. Annual Fitness Evaluation - identified at risk members and any member over the age of 46. • Aerobic Capacity o Gherkin Protocol (Treadmill) $ o Maximal cardiopulmonary test with EKG $ • Push-up Evaluation $ • Leg Strength Evaluation $ • Arm Strength Evaluation $ • Grip Strength Evaluation $ • Curl-Up Evaluation $ • Flexibility Evaluation $ 14. Weight and Body Composition $ Body weight shall be measured and recorded. Body composition shall be conducted solely for the purpose of departmental health surveillance. Exhibit F - Medical Examination Criteria for Pre-Employment Examination Page 4 of 4 Exhibit G Follow-up Medical Examination and Referral by Health Care Provider 1. Follow-up or Consultation by Health Care Provider $ The Wellness-Fitness Initiative as established by the International Association of Fire Chiefs and International Association of Firefighters Joint Labor Management defines minimum recommendations for fire agency health and fitness programs. In orincinal, the Kent Fire Department endorses recommendations contained in this report. The Kent Fire Department recognizes the importance of consultation and/or referral to outside health care providers and/or specialists. Aspects of the follow-up and referral program include: a. Abnormal findings on the annual physical must be addressed by follow-up or referral. b. Revaccination or intervention following exposures must be managed by follow-up or referral. C. Managed care or other provider referrals are appropriate for non-service connected problems. d. Return to work determinations for employees require clearance by the fire department physician or other provider following a consult with an outside physician or after extended leave. e. Follow-up findings from an annual physical examination must be reviewed by the fire department physician. 2. Individualized Health Risk Appraisal $ The health care provider (organization or individual) shall provide written documentation regarding their follow-up/referral program or procedures. Written feedback to uniformed personnel concerning health risks and health status is required following the annual examination. Reporting findings and risks suggesting plans for modifying risks improve the physician-patient relationship and helps uniformed personnel claim ownership of their health status. Individualized health risk appraisals also must include questions that attempt to accurately measure the uniformed employee's perception of their health. Health perception can be a useful indicator of potential problems. Exhibit G - Follow-Up Medical Examination and Referral by Health Care Provider Page 1of1 EXHIBIT B Exhibit B to Professional Services Agreement between the City of Kent and HealthForce Occupational Medicine, Inc. Wellness Fitness Initiative Services July 2009 WX DEPgp���. T R y T V �Cf�RE•SPCa NEALTE0RCE WORKPLACE HEALTH SOLUTIONS Please contact Darin Smith, HealthForce Vice President of Sales&Customer Relations at(425) 806-5735 or by E-mail darins@healthforcepartners com 11805 North Creek Parkway S , Suite 113 Bothell, WA 98011 www Health Force Partners com This document contains confidential and proprietary information belonging to HealthForce Partners,Inc Any reproduction, dissemination or other use of this document without the prior written consent of HealthForce Partners,Inc,is strictly prohibited Kent Fire Department: Health Services Proposal. Proposal Outline ■ Process and Budget Summary ■ Wellness Fitness Initiative Services ° Phase One Advance Paperwork • Phase Two General and Hazmat Team Pre-Screening and Audiometric Services • Phase Three: Diagnostic Testing and Examination ° Phase Four Fitness Assessment • Phase Five Scheduling and Reporting ■ New Recruit Physical Exam ■ 24-Hour Blood Borne Pathogen Support Services ■ Follow-up Medical Examination and Referral by Healthcare Provider ■ Immunizations and Infectious Disease Screening HealthFarce Partner,Inc 0 2009 e Kent Fire Department: Health Services Proposal Process and Bud et Summer HealthForce's approach Is to give clients the best value available We do this by offering appropriate testing and medical services at the right time In order to minimize costs and maximize convenience for our customers Charge per Test over Minimum Phase Timing Tests per Day Daily Charge Minimum Paperwork Weeks 1 to 3 n/a Included Included Pre-Screening Week 4 12(min)to 15 (max) $2,400(up to 12) $200 (each for over 12) i Diagnostic Testing Week 5 to 6 10(min)to 14(max) - $5,550 (up to 10) $555 (each for over 10) and Examination Fitness Anytime after 8(min)to 10(max) $880(up to 8) $110(each for 8 to 10) Assessment exam Reporting and 3 weeks n/a Included Included Tracking following exams HealfhForce Partners,Inv 0 2000 Kent Fire Department: Health Services Proposal The following service outline is designed to be performed at the station and available to all department members Including the Hazmat Team U-.. Phase One-Advance Paperwork: HealthForce will prepare individual packets for each firefighter that contain all of the patient registration, consent forms, confidential health history, respiratory questionnaires, and instruction for the WFI program Timing: Packets provided to department three weeks prior to Phase Two • HealthForce WFI Packet Distribution (hard copy or digital) Gene at Teai r*"��*" Pre-Screening and Audiometric Services: Timing: Approximately three weeks following the advance paperwork distribution Hours of service: 7 00 a m to 8 30 a m Screening capacity: 15 perday Staff requirement: • Phlebotomist(Medical Assistant) • Hearing Conservationist Services include: • Patient (firefighter) Registration • Collection of Examination Paperwork • Blood Draw- 12-hour fasting • Blood Chemistry Analysis (blood analysis) • Plaque II Test •Audiometric Test (six-person test capability every 15 minutes) Additional Services(Hazmat Team): • Heavy metal and special exposure screening $130 • Blood lead/ZPP $50 NOTE: Following the blood draws,the firefighters will be provided with a light snack Minimum Minimum Each additional screen pre-screens per day day rate overthe minimum 12 $2,400 $200 per person(non-hazmat) , $380(hazmat) NeelfhForce Partners,Inc ®2009 e Kent Fire Department: Health Services Proposal Phase Three- Diagnostic Testing and Examination HealthForce will set-up the on-site clinic at a predetermined location within the department All testing, diagnostic and examinations will be performed in a station-to-station format using privacy screens and private rooms Timing: 7-10 days following pre-screening Hours of service: Typically 7 00 a m to 4 30 p m. Testing and examination capacity: 10-14 per day Staff requirement: • One Physician • Registered Nurse • Two Medical Assistants •X-Ray Technician Services include: • Blood pressure, pulse, respiration, height, weight, temperature, vision, and unnalysls dip • Computerized body composition testing/waist-to-hip ratio • Pulmonary function testing • Chest X-Ray (one view) • CIMT- Carotid Intima-Media Thickness • EKG (Resting) • Medical examination and hands-on physical* *In order to comply with the Wellness Fitness Initiative and any grant requirements,the medical exam and hands-on physical includes review by the department physician of lab work, completed health history questionnaires and the diagnostic testing described above This provides the physician with valuable medical information to advance of the examination and one-on-one consultation regarding wellness and personal health goals • Treadmill — If medically indicated $250 TjTUffWjje5XjEFX3 Examinations per day day rate overthe minimum t 10 $5,550 $555 Ilk HeallhForce Partners,Inc 9 2009 Kent Fire Department: Health Services Proposal Phase Four- Fitness Assessmen Based on the results of the Screening, Diagnostic and Examination Phase the department physician determines whether the firefighter is an appropriate candidate for the Fitness Assessment Phase described below Timing: 7 00 a m to 4 00 p m. Hours of service: At a time that works for the department/members Assessment capacity: 12 per day Staff requirement: • Exercise Specialist Services include: • Pre-evaluation procedures • Muscular strength evaluation Content TBD (Functional) • Muscular endurance evaluation Content TBD (Functional) • Flexibility Includes sit-and-reach testing •Aerobic capacity FDNY Stairmill Protocol • Fitness prescription - individual program detail for each department member Assessments per day day rate over the minimum 12 $880 $110 3 Fy r 4 Y� l HeetthForee Partners,W 0 2009 Kent Fire Department: Health Services Proposal Phase Five -Scheduling and Reporting: Scheduling: Our worksite services group partners with department personnel to identify convenient times for each phase of the service We design our delivery model around department shifts and rotating schedules to optimize our on-site presence at each station We can provide reminders and follow-up communication for department administration that makes compliance and participation easy to manage and track Reporting: The HealthForce worksite services team is highly flexible and able to accommodate complex reporting requirements For example, we can provide authorized department personnel with a confidential report that indicates a firefighter has completed their examination in addition to privately sending a more detailed report directly to the individual firefighter For the majority of the examination services that do not require laboratory analysis, HealthForce can provide written examination results soon after the physician's examination is completed If a department prefers, results can also be communicated by phone, fax or e-mail The turnaround time from our laboratory vendor is typically very efficient with blood test results usually available within 72 hours Following review of the examination, diagnostic and laboratory results, the department physician will generate reporting as defined by the department All final clearances and reports are sent within two weeks following the examination. HealthForce Partners,Inc 0 2009 '® Kent Fire Department: Health Services Proposal New Recruit Physical Exam: • Examination, respirator clearance, waist-to-hip ratio • Drug screen (five panel) • Pulmonary function testing • EKG • Blood draw • Chemistry panel • TB test •Audiogram • Chest X-Ray NOTE: Immunizations will be offered to each new hire in order to be up-to-date Package Fee: $476 per person + Exposure Case Coordination Fee n„ • Physician time is billed at an hourly rate $400 per hour • Minimum fee $200 per case managed (1/2 hour) I • Physician consulting rate $400 per hour HealthForce Partners,Inc 0 2009 Kent Fire Department: Health Services Proposal Fol-low-V Medical Examination and Referral b Healthcare Provide, The Wellness-Fitness Initiative as established by the International Association of Fire Chiefs and International Association of Firefighters Joint Labor Management defines minimum recommendations for fire agency health and fitness programs Two additional WFI components that are not part of the annual program are listed below ;follow-up or Consultation by Healthcare Provider Aspects of the follow-up and referral program include: Abnormal findings on the annual physical must be addressed by follow-up or referral • Revaccination or intervention following exposures must be managed by follow-up or referral • Managed care or other provider referrals are appropriate for non-service connected problems • Return to work determinations for employees require clearance by the fire department physician or other provider following a consult with an outside physician or after extended leave • Follow-up findings from an annual physical examination must be reviewed by the fire department physician Simple - up to 20 minutes $160 Moderate - 20 to 40 minutes $300 Complex-40 to 60 minutes $450 Billed in 15-minute increments for consultations over 1 hour $450 per hour AndiviliNJOled Health Risk Ap praisal The healthcare provider (organization or individual) shall provide written documentation regarding their follow-up/referral program or procedures Written feedback to uniformed personnel concerning health risks and health status is required following the annual examination Reporting findings and risks suggesting plans for modifying risks improve the physician-patient relationship and helps uniformed personnel claim ownership of their health status Individualized health risk appraisals also must include questions that attempt to accurately measure the uniformed employee's perception of their health Health perception can be a useful indicator of potential problems HRA fee $32 HeR thFarce Partners Inc 0 2009 Kent Fire Department: Health Services Proposal mmuniza ions, es ing and Infectious iseise creeping: • Hepatitis A Virus Vaccine $75 • Hepatitis B Virus Vaccine $70 •TDAP (Tetanus/Diphtheria/Pertussis) $50 • Tetanus/Diphtheria Vaccine (Booster) $48 • Measles, Mumps, Rubella Vaccine (MMR) $68 • Polio Vaccine $25 • Hepatitis A Vaccine $75 •Vancella Vaccine $155 • Influenza Vaccine $25 • HbA1c $56 • Lead/ZPP - Special Exposure Screening $50 • Tuberculosis Screen (annual PPD) $28 • 24-hour Heavy Metal-Arsenic, Mercury, Cadmium, Chromium $130 • Repeat Chest X-Ray (baseline, every 5 years, mandatory) $55 • Hemocult $32 • PSA (Prostate Specific Antigen) $75 • Hepatitis C Virus Screen 1w, $50- • HIV Counseling (required to be offered) $85 • HIV I Screening (required to be offered) $80 • HIV I &2 Screening (required to be offered) jkjLt $186 , Health Force Partners,Inc 0 2009 EXHIBIT C Exhibit C to Medical Examinations for City of Kent Fire Department Personnel INSURANCE REQUIREMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Lability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage h Exhibit C — Insurance Requirements RFP for Medical Examinations for City of Kent Fire Department Page 1 of 2 maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to received a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A NII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Exhibit C - Insurance Requirements RFP for Medical Examinations for City of Kent Fire Department Page 2 of 2 Client#:579460 HEALTPAR5 ACORDTM CERTIFICATE OF LIABILITY INSURANCE 09101/09DmYY, PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kibble&Prentice,a USI Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 370 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Seattle,WA 98111 206 441-6300 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA American Economy Insurance Company 19690 HealthForce Partners Inc. INSURER 11805 N Creek Pky S#113 INSURER Bothell,WA 98011 INSURER INSURER E COVERAGES COVERAGES AS OF 09/01/09 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ii POLICYEFFECTIVE POLICY EXPIRATION LTR INSRE TYPE OF INSURANCE POLICY NUMBER DATE MMIDD DATE MMIDD LIMITS A GENERAL LIABILITY 02CE1717173 07/01109 07/01/10 EACH OCCURRENCE $100 0000 COMMERCIAL GENERAL LIABILITY DAMAGES( RENTED $200 DUD CLAIMS MADE OCCUR MED EXP(Any one person) $10000 PERSONAL B ADV INJURY $1 00U 000 GENERAL AGGREGATE $2 ODU ODD GE GATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $2 DOO OOO POLICY PRO LOC JECT A AUTOMOBILE LIABILITY 02CE1717173 07/01/09 07/01/10 COMBINED SINGLE LIMIT $1 000,000 X ANY AUTO (Ea accident) r ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Perperaon) $ X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accdent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY AGG 5 EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE 5 OCCUR CLAIMS MADE AGGREGATE S DEDUCTIBLE $ RETENTION $ S TATUj WORKERS COMPENSATION AND I W SFR C LIMIT OTH• EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is named as Additional Insured as respects their interest in the operations of the Named Insured *10 Days notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Emergency Medical Services, DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *3n DAYS WRITTEN Logistics-Kent Fire Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 20717 132nd Ave SE IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent,WA 98042 REPRESENTATIVES AU�THHO�RIZEED REPRESENTATIVE is � ACORD 25(2001108)1 of 2 #4008498 EDGJU 0 ACORD CORPORATION 1988 i IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing msurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25-S(2001108) 2 of 2 #4008498 Client#:579460 HEALTPAR5 ACORD. CERTIFICATE OF LIABILITY INSURANCE 06129109Dnvvv> PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kibble&Prentice,a USI Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 370 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle,WA 98111 206 441-6300 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA Darwin Select Insurance Company 24319 HealthForce Partners Inc. INSURER B 11805 N Creek Pky S#113 INSURER C Bothell,WA 98011 INSURER D INSURER E COVERAGES COVERAGES AS OF 06129/09 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS LTR N TYPE OF INSURANCE POLICY NUMBER POLTE 1MM/DDCTIVE PDATE fMMfDDiYn TION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO REoNTEDPREMISES(Ea ccurfercal $ CLAIMS MADE DOCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG $ POLICYEl PRO LOC JECT AUTOMOBILE LIABILITY COMEINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNEDAUTOS (Per accident) $ PROPERTY DAMAGE $ (Par accident) GARAGE LIABILITY ALTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC LIMITS OTHFIR - EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTNE EL EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE S If Yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ A OTHER Prof Liab 03040067 07/01/09 07/01/10 $1,000,000 ea claim Claims Made 12/12/02 $5,000,000 aggregate DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Evidence of Insurance Only HealthForce Partners-1211612002 retroactive date*10 Days Notice of Cancellation for Non-Payment of Premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Evidence of Insurance DATE THEREOF,THE ISSUING INSURER WILL ENDEAVORTO MAIL �* 5 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES AUTH RED REPRESENATIVE ACORD 25(2001/08)1 of 2 #M3906506 EDGJU 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25S(2001108) 2 of 2 #M3906506 '-••REPRINTED FROM THE FORMS LIBRARY"•• COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions SCHEDULE (a) This insurance does not apply to The following paragraph is added to WHO IS AN any °occurrence"which takes place INSURED (Section II): after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown in the Sched- you, ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations provisions- performed by or on behalf of the a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown in insured, the Declarations, and must have been exe- (2) Your ongoing operations for that in- cuted prior to the "bodily injury", aproperty sured, whether the work is performed damage", or "personal and advertising by you or for you; injury". person or organization added as an in- (3) The maintenance, operation or use by b. The P 9 you of equipment leased to you by such sured by this endorsement is an insured only person or organization, subject to the to the extent you are held liable due to following additional provisions (1) The ownership, maintenance or use of (a) This insurance does not apply to that part of premises you own, rent, any "occurrence"which takes place after the equipment lease expires, Includes Copyrighted Material of Insurance Services Office, Inc., with its permission Copyright, Insurance Services, 2001 CG 76 35 02 07 Page 1 d 4 EP r —REPRINTED FROM THE FORMS LIBRARY'-" (b) This insurance does not apply to This exclusion applies even if the claims "bodily Injury" or "property dam- against any Insured allege negligence or age" arising out of the sole negli- other wrongdoing in the supervision, hiring, gence of such person or employment, training or monitoring of others organization, by that Insured, if the "occurrence" which caused the "bodily injury" or "property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto" or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any in- vision sured This insurance does not apply to "bodily This exclusion does not apply to injury", "property damage", or (1) A watercraft while ashore on premises "personal and advertising injury" arising you own or rent, out of operations performed for the state or municipality (2) A watercraft you do not own that is: c. The insurance with respect to any architect, (a) Less than 52 feet long, and engineer, or surveyor added as an insured (b) Not being used to carry persons or by this endorsement does not apply to property for a charge, "bodily injury", "property damage", or "per- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, mclud- vided the "auto" is not owned by or Ing, rented or loaned to you or the insured, (1) The prepanng, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, drawings, contract" for the ownership, mainte- nance or use of aircraft or watercraft, or opinions, reports, surveys, change or- ders, designs or specifications, and (5) "Bodily injury" or "property damage" (2) Supervisory, inspection or engineering arising out of services (a) the operation of machinery or equipment that is attached to, or d. This insurance does not apply to "bodily part of, a land vehicle that would injury" or "property damage" included within qualify under the definition of the "products-completed operations haz- "mobile equipment" if it were not ard" subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an insured un- hicle insurance law in the state der this endorsement ends when your operations for where it is licensed or principally that insured are completed garaged,or (b) the operation of any of the machin- No coverage will be provided If, in the absence of this ery or equipment listed in Paragraph endorsement, no liability would be imposed by law on f.(2) or f.(3) of the definition of you Coverage shall be limited to the extent of your "mobile equipment". negligence or fault according to the applicable princi- ples of comparative fault. {6) An aircraft you not own provided it is a not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED TENANTS' PROPERTY DAMAGE LIABILITY AIRCRAFT LIABILITY Exclusion g. of COVERAGE A (Section 1) is replaced When a Damage To Premises Rented To You Limit is by the following shown in the Declarations, Exclusion i, of Coverage A, Section I is replaced by the following g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or J. Damage To Property entrustment to others of any aircraft, "auto" "Property damage"to. or watercraft owned or operated by or rented or loaned to any insured Use includes oper- (1) Property you own, rent, Dr occupy, including ation and 'loading or unloading" any costs or expenses incurred by you, or Page 2 of 4 —REPRINTED FROM THE FORMS LIBRARY^" any other person, organization or entity, for WHO IS AN INSURED — MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph 2.a. of WHO IS reason, including prevention of injury to a AN INSURED (Section II) person or damage to another's property; (2) Premises you sell, give away or abandon, if Paragraph(1)does not apply to executive officers, or the "property damage"arises out of any part to managers at the supervisory level or above of those premises; SUPPLEMENTARY PAYMENTS — COVERAGES A (3) Property loaned to you, AND B — BAIL BONDS — TIME OFF FROM (4) Personal property in the Care, Custody or WORK control of the insured, Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — (5) That particular part of real property on which COVERAGES A AND B is replaced by the following: you or any contractors or subcontractors working directly or indirectly on your behalf b. Up to $3,000 for cost of bad bonds required are performing operations, if the "property because of accidents or traffic law violations damage" arises out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies (6) That particular part of any property that must We do not have to furnish these bonds be restored, repaired or replaced because "your work"was Incorrectly performed on it Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to "property damage" (other than d. All reasonable expenses incurred by the in- damage by fire) to premises, Including the con- sured at our request to assist us in the in- tents of such premises, rented to you A separate vestigation or defense of the claim or "suit', limit of insurance applies to Damage To Prem- Including actual loss of earnings up to $500 ises Rented To You as described in Section III a day because of time off from work — Limits Of Insurance Paragraph (2) of this exclusion does not apply If EMPLOYEES AS INSUREDS — HEALTH CARE the premises are 'your work" and were never SERVICES occupied, rented or held for rental by you Provision 2.a.(1)(d) of WHO IS AN INSURED {Section Paragraphs (3), (4), (5) and (6) of this exclusion II) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment track agreement. Paragraph (6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the "products- ORGANIZATIONS completed operations hazard" Provision 3 a of WHO IS AN INSURED (Section II) is Paragraph 6. of LIMITS OF INSURANCE (Section 111) replaced by the following: Is replaced by the following a. Coverage under this g provision Is afforded 6. Subject to 5. above, the Damage To Premises only until the end of the policy period Rented To You Limit is the most we will pay un- der Coverage A for damages because of "property damage" to any one premises, white rented to you, or in the case of damage by fire, Exclusion a. of COVERAGE A (Section 1) is replaced while rented to you or temporarily occupied by by the following. you with permission of the owner. a. "Bodily injury" or "property damage" expected or intended from the standpoint of the Insured The Damage To Premises Rented To You limit Is the This exclusion does not apply to "bodily injury" higher of the Each Occurrence Limit shown in the or "property damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or property. as Damage To Premises Rented To You Limit. CS 76 35 02 07 Page 3 of 4 EP a -REPRINTED FROM THE FORMS LIBRARY"" EXTENDED DEFINITION OF BODILY INJURY Interrupted only by a street, roadway, waterway, or right-of-way of a railroad Paragraph 3. of DEFINITIONS (Section V) is replaced by the following INCREASED MEDICAL EXPENSE LIMIT 3. "Bodily Injury" means bodily injury, sickness or The Medical Expense Limit is amended to$10,000. disease sustained by a person, Including mental arguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. The following is added to Paragraph 2. Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph 8. Transfer Of (Section IV)• Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by tion IV)- your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent,servant or employee make for injury or damage arising out of your ongoing operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard" This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery TIONS (Section IV)- AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex- LOCATION isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section 1), and for all medical right of cancellation or non-renewal expenses caused by accidents under COVERAGE C (Section 1),which can be attributed only to operations LIBERALIZATION CLAUSE at a single location". The following paragraph is added to COMMERCIAL Paragraphs 2.a. and 2 b. of Limits of Insurance(Sec- GENERAL LIABILITY CONDITIONS (Section IV): tion III) apply separately to each of your locations" owned by or rented to you 10 If a revision to this Coverage Part, which would provide more coverage with no additional pre- `Location" means premises involving the same or mium, becomes effective during the policy period connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision Page 4 of 4 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes WASHINGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) g Ori Jane Ogren Phone Oii inator 4306 g rnator: Date Sent. 9/25/2009 Date Required: 10/1/2009 Retuin Signed Document to: Jane Ogren CONTRACT TERMINATION DATE: 12/31/11 VENDOR NAME: HealthForce Occupational DATE OF COUNCIL APPROVAL: 9/15/09 Brief Explanation of Document: Medical physical examinations must be performed on a regular basis, per the Collective Bargaining Agreement between the City of Kent and Kent Firefighters Local 1747. Medical physical examinations are performed to ensure the employee is medically fit for duty. /Zak 7V a . P /Ao� Ooa All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received: Approval of Law Dept.: tiEP ✓r Law Dept Comments- 20iJq t-- A V � j ��f � ��� APT �TI,9II � Date Forwarded to Mayor Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments: Disposition: /0 / Olr Date Returned: IaneS870 3;Oi