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Resolution 2025-067 Resolution No. 2025-67 A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS APPROVING AN AGREEMENT FOR DRUG AND ALCOHOL TESTING SERVICES WITH STERCHI OCCUPATIONAL HEALTH WHEREAS,the United City of Yorkville, Kendall County, Illinois(the "City"),is a duly organized unit of government of the State of Illinois within the meaning of Article VII, Section 10 of the 1970 Illinois Constitution; and WHEREAS,the City's Municipal Code provides that the City may approve contracts that have not been competitively bid by a two-thirds affirmative vote of the City Council; and WHEREAS,the City is mandated by the Federal Department of Transportation to conduct drug and alcohol tests on certain City employees, pursuant to 49 C.F.R. Part 40 ("DOT Tests"); and WHEREAS, the City utilizes a third party provider to conduct DOT Tests; and WHEREAS, the City wishes to contract with Sterchi Occupational Health ("Sterchi"), a local entity that performs Federal Department of Transportation physicals, drug and alcohol testing, to complete the City's DOT Tests and other required drug tests on City employees; and WHEREAS, Sterchi has provided to the City an Agreement for Drug/Alcohol Testing Services (the"Agreement"), attached hereto as Exhibit A; and WHEREAS, City staff find the terms and prices contained in the Agreement to be reasonable; and WHEREAS,the Mayor and City Council (the"Corporate Authorities")have determined that it is in the best interests of the City and its residents to waive the competitive bidding requirement and to authorize and approve the Agreement with Sterchi. NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated herein. Resolution No.2025-67 Page 1 Section 2. That in consideration of the foregoing recitals, the competitive bidding requirement is waived in accordance with the City's Municipal Code and the Agreement for Drug/Alcohol Testing Services, by and between the City and Sterchi Occupational Health,attached hereto as Exhibit A and made a part hereof by reference, is hereby approved, and the Mayor and City Clerk are hereby authorized to execute said agreement on behalf of the United City of Yorkville. Section 3. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 27th day of May, A.D. 2025. batiGos2i.. Y CLERK KEN KOCH AYE DAN TRANSIER ABSENT ARDEN JOE PLOCHER ABSENT CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE RUSTY CORNEILS AYE RUSTY HYETT AYE PPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this day of Ml A , A.D. 2025. (\\P\ MAYOR Attest: (iLtrtiA Y CLERK Resolution No.2025-67 Page 2 AGREEMENT FOR DRUG/ALCOHOL TESTING SERVICES This Agreement is made by and between Sterchi Occupational Health herein known as"Client." TERM This Agreement shall commence with the date entered herein and shall remain in force for a period of two (2)years from the date of execution, as set forth below(the"Termination Date"). The Agreement may be canceled prior to the Termination Date by either party with confirmable notice to the other party in writing within 30 days.The Term of this Agreement may be extended one (1)year beyond the Termination Date by mutual,written agreement of both parties at least 30 days prior to the Termination Date. MENU OF SERVICES In its role as a"Third Party Administrator"(TPA), and on a fee basis, Sterchi Occupational Health will provide: • Serving as a drug collector for DOT exams and Non-DOT exams, using clients CRL lab/MR • Serving as a BAT examiner for DOT exams. •Workplace physical examinations and other medical services through a network of physicians. CONFIDENTIALITY Sterchi Occupational Health will take reasonable steps to ensure that test results shall be transmitted only to authorized persons listed by the Client.Authorized persons to receive results shall be identified in writing by the Client. Sterchi Occupational Health conforms to HIPAA standards relating to the confidentiality of personal donor information. INDEMNIFICATION Sterchi Occupational Health as an independent contractor, provides the Client with options in drug-free workplace programs. For laboratory testing, analytical services are provided by the laboratory;for"STAT"testing,the performance of the devices is validated by the manufacturer. The Client agrees to indemnify Sterchi Occupational Health from claims arising out of the laboratory's submission of results or the performance of"STAT"devices, and from claims brought by third parties arising from any act or omission on the part of the Client.Any claim resulting from negligence or willful malfeasance by an employee of Sterchi Occupational Health is exempt from this clause. UNAVOIDABLE EVENTS Sterchi Occupational Health, shall have no liability to the Client for any failure in performance which results from any causes beyond its reasonable control. GOVERNING LAW This Agreement has been executed and delivered in and shall be construed and enforced in accordance with the laws of the State of Illinois and may be amended only by an instrument in writing signed by all parties, except that the price schedule may be amended as necessary by Sterchi Occupational Health with notice to the Client. COMPLIANCE WITH STATE AND FEDERAL LAW Sterchi Occupation Health agrees to abide by all applicable State of Illinois and Federal laws, including 49 C.F.R. Part 40,governing required procedures for conducting DOT drug and alcohol testing. PAYMENT SCHEDULE All payments are due upon receipt of invoices and become past due when payment is not received within thirty(30) days of the invoice date. Credit will be afforded upon submission and acceptable evidence of the Client's ability to pay in a timely manner,with an initial credit limit established based on the information provided.A"rebilling"fee in the amount of$25.00 each month will be assessed on invoices that are regenerated and submitted to the Client for past- due invoices.All past due payments are subject to an additional interest and service charge calculated at the maximum rate of interest allowed by law, plus reasonable collection,and legal fees.Accounts not paid within the terms of this agreement will be placed on"credit hold." PRICES Prices in effect at the time this Agreement is executed are shown in PRICE SUMMARY&PRICE SCHEDULE attached. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties concerning the subject m tter herein. IN WITNESS WHEREOF,the parties hereby execute this Agreement as of mutter "NISIT (signature) (signature) Tohn Purcell (printed name) (printed name) HOtVlbY title (title) ( ) GOVERNING LAW This Agreement has been executed and delivered iO and shall Ue construed and enforced iO accordance with the Laws of the State of Illinois and may be amended only by an instrument in vvritingoignedbvaKpurtie0. exoeptTAatthepricannkoduiernaybeornendedaoneceooaryUy Sterchi Occupational Health with notice to the Client. COMPLIANCE WITH STATE AND FEDERAL LAW Sterchi Occupation Health agrees to abide by all applicable State of Illinois and Federal laws, including 49 C.F.R. Part 40, governing required procedures for conducting DOT drug and alcohol testing. PAYMENT SCHEDULE Alt( payments are due upon receipt of invoices and become past due when payment|onot received within thirty(30) days of the invoice date. Credit will be afforded upon submission and acceptable evidence of the Client's ability to pay in a timely manner,with an initial credit limit established based on the information provided. A"rebilling"fee in the amount of$25.00 each month vv;tt be assessed on invoices that are regenerated and submitted to the Client for past- due invoices. All past due payments are subject to an additional interest and service charge calculated at the rn8x|nnunn rate Of interest 8iiovV8d by taw, piU8 reasonable c0KeCtion, and legal fees. Accounts not paid within the terms of this agreement will be placed on"credit hold." PRICES Prices in effect at the time this Adreernent is executed are shown in PRICE SUMMARY& PRICE SCHEDULE attached. ENTIRE AGREEMENT This Agreernentconatitutea the entire agreement between the parties concerning the subject rnat1a, herein. IN WITNESS WHEREOF,the parties hereby execute this Agreement as of zo ' _T�� y\ /0�r/�| | _ (phnteUnorne) (printed . e\ / �v(�4 r ��� ^ ~-�A4 � �i��) (title) ATTACHMENT 1 PRICE SCHEDULE 1. Drug Testing Drug testing $60.00 Observed specimen collection $75.00 Rapid Testing $50.00 2.Alcohol Testing Breath alcohol(DOT and Non-DOT) $60.00 Confirmation when required $25.00 3. Physical Exams DOT and pre-employment $115.00 DOT and pre-employment for consortium members $99.00 4. Consortium Membership Membership Fees Based on the number of employees. 1-2 employees$25, 3-10 employees$100 11-25 employees$200 25-49 employees$300. Reasonable suspicion training $75.00 per supervisor/DER Driver Query(as requested by employer) $5.00 per driver Notes: The fee is payable annually, initially pro-rated by the remaining quarters in the current calendar year. Once a client becomes a member of the consortium, for DOT purposes, the DOT agents consider that the Client is in a random program for the remainder of the calendar year;therefore, there are no refunds of the membership fee. Sterchi Occupational Health DOT Compliance Consortium is made up of"small"industry specific companies with fifty(50)or fewer employees. If a member company grows to exceed this number, that Client is removed from the consortium and placed in a "stand-alone"random pool. The consortium membership fee is transferred to pay the costs of random program management. (*Consortium membership includes random program management. The fee is not refundable.)