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HomeMy WebLinkAboutReso. 1989-393 - Agreement between the city of redding and redding industrial occupational health, inc► Y • • RESOLUTION NO. ''-7. 3 I i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND REDDING INDUSTRIAL OCCUPATIONAL HEALTH, INC. (RIOH) FOR THE FURNISHING OF A PHYSICAL MAINTENANCE PROGRAM, AND AUTHORIZING THE MAYOR TO SIGN. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the Agreement between the City of Redding and Redding Industrial Occupational Health, Inc. for the furnishing of a physical maintenance program for one year, a true copy of which is attached hereto and incorporated herein by reference. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City of Redding, and that the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on said Agreement when appropriate. 3 . That the City Manager of the City of Redding is hereby authorized and directed to sign all future amendments to said Agreement, if any, on behalf of the City of Redding, and that the City Clerk is hereby authorized and directed to attest the I 410 411 signature of the City Manager and to impress the official seal of the City of Redding on said amendments, when appropriate. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 7th day of November , 1989 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Dahl , Johannessen, & Carter NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: Fulton ABSTAIN: COUNCIL MEMBERS : None /2(/e5 /e/'/2 SCOTT CARTER, Mayor City of Redding ATTEST: 1 ETHEL A. NICHOLS , City Clerk O P�P' / R/OOVEDD: RA DALL A. HAYS , ity Attorney -2- AGREEMENT THIS AGREEMENT is made and entered into this /3 a day of October, 1989 , by and between the CITY OF REDDING, a Municipal Corporation and General Law City, of 760 Parkview Avenue, Redding, California 96001-3396 , hereinafter called "City," and REDDING INDUSTRIAL OCCUPATIONAL HEALTH, INC. , of 1920 California Street, Redding, California 96001 , hereinafter called "RIOH" : WITNESSET H: The parties hereto agree as follows: 1 . RIOH covenants and agrees to furnish a physical maintenance program for employees of City at a site within a seven-mile radius of the City of Redding, and at a cost to be paid by City of $225 . 00 per person/per program. At the present time, this is an experimental program on the part of City for Police and Fire personnel; other departments may be added at a later date. RIOH will furnish said program in accordance with the "City of Redding Purchasing Department Specifications/General Conditions for Furnishing Physical Maintenance Program to the ' City of Redding" attached hereto and incorporated herein by reference (Bid Schedule 2240) , and upon the following terms and conditions. 2 . . RIOH agrees that said services shall be performed in accordance with the attached Specifications/General Conditions, and to the satisfaction of City' s Chief of Police and Fire Chief, and that failure to do so shall constitute a material breach of this contract and grounds for the cancellation of this contract by City as hereinafter provided. 3 . The term of this Agreement is one (1) year, commencing September 11 , 1989 , and terminating September 10 , 1990 . I i , • S • 4 . This Agreement is entered into upon the express condition that City shall be free from any and all liability and claims for damages for personal injury, death, o: property damage in any way connected with RIOH' s services to be provided hereunder, including claims of RIOH, its officers, agents, and employees. RIOH shall indemnify and save harmless City, its officers, agents and employees, from any and all liability, loss, cost or obligation on account of or arising out of any such injury, death, or loss caused by the negligence or other legal fault of RIOH or its officers, agents, and employees. 5 . It is understood and agreed as a condition of this Agreement that RIOH shall, at its own expense, obtain and keep in full force and effect the insurance coverages required in the General Conditions attached hereto; and provide Certificates of Insurance evidencing such coverages and notice requirements to the Risk Manager of City, to be approved by him and filed in his office prior to the commencement of this Agreement. 6 . This Agreement may be terminated at any time by either party upon thirty (30) days' prior written notice to the other party. 7 . Any notices or demands that may be given by either party hereunder, including notice of default and notice of termination, shall be deemed to have been fully and properly given when made in writing, enclosed in a sealed envelope, and deposited in the United States Post Office, certified mail, postage prepaid, addressed as follows: To City c/o City Manager, 760 Parkview Avenue, Redding, California 96001-3396; and to RIOH at 1920 California Street, Redding, California 95001 . 8 . In carrying out the services to be performed under this Agreement, it is understood and agreed that RICH is acting as an independent contractor, and not as an employee cf City. 9 . Future amendments to this Agreement, if any, may be executed by the City Manager of City. II << III 10 . It has been determined that this matter is not subject to the provisions of the California Environmental Quality Act. IN WITNESS WHEREOF, the parties hereto ha7e executed this Agreement in the presence of their duly authorized officers on the day and year first above written. CITY OF REDDING By: SCOTT CARTER, Mayor REDDING INDUSTRIAL OCCUPATIONAL HEALTH, INC. By: pa efe (7 ALLEN C. KROHN, M.D. ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney -3- 411 • CITY OF REDDING PURCHASING DEPARTMENT SPECIFICATIONS For Furnishing PHYSICAL MAINTENANCE PROGRAM -- to The City of Redding PAGE 1 PROGRAM ELEMENTS & SPECIFICATIONS The contractor shall provide, upon bid award, the following prograir. elements. 1 HIFP.LTH & FITNESS EXAMINATION Physical Exarination A Complete physical examination p€rfor7e by a • physician, including a review of historical data and history sheet filled out by the patient. • Hearing screen using an OSHA approved audiogram. Vision screening using a standard 20-foot chart. The 1 . vision test and color perception test using the Ishihara hook . Laboratory Examination - • A 24-panel chemistry screen by standard analysis • Lipid profile, including . HDL cholesterol and LP? cholesterol • Cardiac risk profile calculation • Complete urinanalysis ▪ Twelve lead resting electrocardiogram Fitness Examination Full , araded exercise test !treadmil ? S performed according to Bruce protocol and interpreted } v a qualified internist , including a written report. ▪ Body composition test measuring percent of body fat usinc a multiple skin fold technique . •• • • • • SPECIFICATIONS--PHYSICAL MAINTENANCE PROGRAM PAGF ? • Flexibility test , using a standard sit and reach test . ▪ Muscle strength testing using a standard ;anar dynamometer . • Lea strength using isokinetic extension and flexion muscle testing. • Girth measurements. Full separate measurements including_ chest, waist, hips, thigh and upper arse. Consultation • Consultation with an exercise physiologist, inrludin.a review of results , individual consui.tation and goal setting. The individualized exercise prescription should be written, specific, and incorporate into a plan over a period of a year to be used in conjunction with the Department ' s goal setting plans for physical fitness •improvement. . Provide training to departmental Fitness Advisors in all aspects of the program as needed . _ • Provide periodic re-evaluation of individual participants . Program Notebook The program notebook on workbook will be a loose-ringed hinder containing the following material: Individualized exercise prescription, health report and program goals . Contemporary reference material on exercise, nutrition, stress management , heart disease , General health and lifestyle li III S •SPECIFICATIONS--PHYSICAL MAINTENANCE PROGRAM PAGE 3 Additional Specialty Services Required The contractor shall provide , at the tire of bid award , the • following speciality programs on site : • Weight reduction program Smoking control program Cholesterol reduction program • Dedicated sports medicine program ▪ Fitness center and training programs fcr: -Aerobics -Weight training -General rehabilitation • -Back maintenance Payment for the specialty programs shall be paid by individual participants or as agreed upon by the City of Redding in contact with its employees. General Conditions Physical Maintenance Program shall be performed to the satisfaction cf the Chief of Police and the Fire Chief of the City of Pedding. Failure to perform -the Physical Maintenance Program in accordance with the specifications and to the satisfaction of the Chief of Police and the Fire Chief of the City of Redding shall he • grounds for cancellation by the City of Redding. Contractor shall provide the Physical Maintenance Program at the cost per person as noted in the bid document for a period of one year . • The City cf Redding estimates that 100 +/- employees will enroll in this program, but shall not be penalized for either less or in E:x--ess of this amount . Trc gram site must be w_thr a se•'er (7) mile radiuF of the City of • Fe= :ing i I II 411 SPECIFICATIONS--PHYSICAL MAINTENANCE PROGRAM PAG F 4 Con tractor shall keep legible, current , ccrplete and accurate records supporting invoices rendered. Invoices shall be rendered for payment and approved by the Chief of Pclice of the City of Redding. Invoices are to be mailed to the City of ' Bedding, Finance Department, 760 Parkview Avenue, Redding, CA 96001-3396. RIGHT OF CANCELLATION: Physical Maintenance Program may be terminated at any time hv either party upon thirty (30) days prior written notice to the 1 other party. FOP FURTHER TECHNICAL INFORMATION CONTACT: .Tack McDonald, Captain , Project Coordinator, 916-225-4213 . Del Hiebert, Asst. Fire Chief, 916-225-4150. FOP FURTHER INFORMATION ON RID REQUIREMENTS CONTACT: Carolyn J. Roberts , Purchasing Officer, 93E-225-4137 NOTE : _f there are any deviations from the specifications set forth herein, the bidder shall note the deviations in _his bid. Failure to note a deviation from the specifications may be grounds for rejection by the City of that particular bid. Where deviations are noted, the City reserves the right to accept a bid containing j such deviations provided that, in the sole opinion of the City, the deviations or deviations so noted do not affect the overall capability of the item bid to perform the function for which it is to b acquired and such deviations result in a lesser total cost to the City for the subject item. it I • GENERAL CONDITIONS PAGE 1 1 . INSURANCE A. The contractor shall procure and maintain during the entire ! period of performance under any contract administered by the ' City of Redding, the following minimum insurance coverage: 1 . Comprehensive General Liability Insurance - five hundred thousand dollars ($500,000) combined single limits. 2. Automotive Liability Insurance - five hundred thousand dollars ($500 , 000) combined single limits. Prior to commencement of work, the contractor shall furnish to ! the City of Redding, Risk Manager, a certificate of insurance , showing the above required insurance coverages are in effect ) and naming the City of Redding, its agents, officers and ! employees as additional insureds . The certificate shall : ' guarantee the City at least ten (10) days written notice of cancellation or reduction in coverage. Depending upon the nature of the contract, higher volumes of insurance may be required. P. The City requires evidence of workers compensation insurance . It shall meet the minimum requirements of the .. California Labor Code . The certificate shall be furnished to the City of Redding, Risk Manager and shall guarantee the City at least ten (10) days written notice of cancellation or ! reduction in coverage. 2. DEFINITIONS: In these specifications the word "City," means the 'City of Redding, California . The term "Bidder, " means the person, firm, or corporation submitting a bid on these specifications or on any part thereof. The term "Contractor, " means the person , firm, or corporation with whom the Contract is made by said City, or the aaent or legal representative who may be appointed to represent such party, firm, or corporation in the execution of this Contract. The term "Engineer , " means the City Encineer of the City of F.ecdirectly ding , acting either or through his personally appointed ; acents , such agents acting severally within the scope of the sreci _`ic duties entrusted to there. • 1 •it CFNERP.L CONDITIONS PACE 2 3. PROPOSALS: Bids, to receive consideration, shall be made in accordance with the following instructions: (a) Bids shall be made as indicated on the forms contained i . in the documents attached hereto and entitled "BID, " properly executed in ink, with all blank spaces filled in. The signatures of all persons signing the bid shall be in longhand. The completed Bid Form shall be without alterations or erasures and shall not be removed from this binding. Additional information may be submitted bh the bidder on a separate sheet. � . (b) Before submitting a bid , bidders should read the Specifications carefully and should inform themselves completely as to all existing conditions and limitations. The bid shall include the cost of all items necessary to complete the Contract . (c) Each proposal shall he enclosed in a sealed envelope addressed to the City Clerk of the City of Redding, City Hall , Redding , California 96001 . The outside of the envelope shall he plainly marked with Bidder' s name and address and the Bid Schedule Number . (d) All bids received after the scheduled closing time for receipt of bids shall NOT be accepted or considered and shall be , returned to the bidder unopened. 4 . WITHDRAWAL OF BID: Any bidder may withdraw his hid, either personally or by written request, at any time prior to the scheduled closing time for receipt of bids. 5. INTERPRETATION: If a prospective bidder is in doubt as to the true meaning of any part of the "Notice Inviting Bids, " "General Conditions , " or .he "Specifications , " or finds discrepancies in cr omissions in the same , he may submit to the City a written request or an interpretation or a correction thereof. Any interpretations or corrections of the proposed documents will be rade only by addendum H r&_ _ed or delivered to each person receiving a set of such ' ' _: r—ents . Such addendumshall he considered as part of the Contract . 4 411 GENE=}.L CONDITIONS PAGE 3 6 . :%'ARD OF CONTRACT OR RE?FCTION OF BIDS: The Contract will be awarded within sixty (60) days after the opening of bids. The City, however, reserves the right to reject any or all bids, or any part of any such bid, and to waive any informality in bids received, taking into consideration the t'timate economy to the City. 7 . ASSIGNMENT OF CONTRACT: Fo assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to he received thereunder by the Contractor, will be recognized by the City unless such assignment has had the prior approval of the SEde City andsurety has been given due r:otice of such assicnment in writing and has consented in writing. 8 . C'?ALIFICATIONS OF BIDDER: Cnly manufacturers or contractors of established reputations , or their duly authorized dealers or agent , having proper facilities for the manufacture of the materials or equipment and for servicing same, or for proper execution of the work called for in the Specifications, will he considered in making the award. 9 . ? TERIALS, WORKMANFI?IP, AND DESIGN: ;ll work must be done and completed in a thorough , workranlike manner by mechanics skilled in their various trades, notwithstanding any omission from the Specifications. • I I