HomeMy WebLinkAbout1986-02-04; City Council; Resolution 83911
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RESOLUTION PTO. 8391
A RESOLUTION OF THE CITY COLWCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CAFILSBAD AND FITNESS APPRAISAL,
INC. FOR THE POLICE AND FIRE DEPARTMENTS PHYSICAL
FITNESS PROGRAM. -
The City Council of the City of Carlsbad, California,
does hereby resolve as follows:
1. That certain agreement between the City of Carlsbad
and Fitness Appraisal, Inc. for The Police and Fire Departments
Physical Fitness Program,
a copy of which is attached hereto, marked Exhibit 1, and
incorporated herein by reference, is approved.
2. The Mayor of the City of Carlsbad is hereby authorized
and directed to execute the agreement for and on behalf of
the City of Carlsbad.
3. Funds for payment of this agreement have previously
been budgeted by the City Council.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad held the
day of February ,19 86 , by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT : Council Member Casler
ATTEST : CLAUDE A. LEWIS, Mayor Pro-Tem
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(SEAL ) ia
AGREEMENT FOR PHYSICAL FITNESS TESTING SERVICES
This agreement is made and entered into this
day of I 1986 by and between the City of
Carlsbad, a municipal corporation, (hereinafter referred to as
"City") and Fitness Appraisal Incorporated, a California
corporation, (hereinafter referred to as "Consultant").
RECITALS
City requires the services of Consultant to provide
physical fitness testing and consultation to members of City's -
Police and Fire Departments.
Consultant possesses the necessary skills and
qualifications to provide the services required by the City.
Consultant has submitted a proposal dated August 16,
1985 for the provision of the services required by the City.
Now, therefore, in consideration of these recitals and
the mutual covenants contained herein the City and Consultant
agree as follows:
1. Consultant's Obligations
A. Consultant shall provide, in a professional .
manner in conformance with the most current standards and
practices of the Consultant's profession, the services specified
in Consultant's proposal dated August 16, 1985 on file with the
Carlsbad Police Department and incorporated by this reference.
Services to be provided shall include but not be limited to
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initial physical fitness evaluations of the members of City's
Police and Fire Departments, periodic physical fitness
reevaluations of the members of the City's Police and Fire
Departments, seminars on stress management and coronary heart
risk factor reduction for the members of the City's Police and
Fire Departments, seminars concerning nutrition and food
preparation for the members of the City's Police and Fire
Departments, and blood profiles and blood occults for the members
of the City's Police and Fire Departments.
B. Consultant shall perform the services specified
in paragraph 1.A. under the general direction of City's Police
and Fire Chiefs or their desiqnee or designees at a site or sites
specified by City.
C. Consultant shall provide the services upon three
weeks notice from the City of the services to be performed.
D. At the completion of each physical fitness
evaluation or reevaluation Consultant shall provide City with a
summary report of the evaluation. Consultant shall also provide
an individual report to each member of the City's Police or Fire
Department who participated in the physical fitness evaluation or
reevaluation. At City's request Consultant shall provide a full
report for any member tested.
2. Payment
As full compensation for Consultant's performance of
work under this contract City shall pay to Consultant within 30
days after the submission of a written bill for payment fees in
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amounts which shall not exceed those stated in the following
schedule :
A, $125 per participant for initial physical
fitness evaluation services ,
B, $50 per participant for physical fitness
reevaluation serivces.
C. $20 per participant for blood profile and blood
occult services.
D. $450 for stress management and coronary heart
risk factor reduction seminars.
E. $150 for nutrition and food preparation
seminars.
Fees for any additional services shall be mutually
agreed upon by the City and Consultant and shall be documented in
writing prior to the performance of any additional services,
The total fees paid during the first year following
the execution of this agreement shall not exceed $15,000 without
the consent of the City Council,
3. Term of Agreement
The term of this agreement shall be for one year.
The City Manager is authorized to periodically extend the term
of this agreement for additional periods of one year or less
provided that the City Council shall have first approved
sufficient budget appropriations in the annual budgets of the
Police Department and Fire Department to cover the cost of the
services performed during the extension period. In approving an
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extension the City Manager is authorized to adjust the payment
schedule provided, however, that the amount of compensation paid
to the Consultant during an extension period shall not exceed the
amount previously appropriated by the City Council. City may
terminate the contract at any time without liability if
Consultant fails to satisfactorily perform the services under
this contract. Notice of the termination shall be made in
writing executed by the City Manager
4. Status of the Consultant
The Consultant shall perform the services provided
herein in Consultant's own way as an independent contractor and
in pursuit of Consultant's independent calling and not as an
employee of the City. Consultant shall be under the control of
the City only as to the result to be accomplished, the scheduling
of the services, and the provision of a location for the
performance of the services in a place convenient to the members
of the Carlsbad Police and Fire Departments. Consultants shall
comply with the requirements of Section 3700 of the California
Labor Code and shall also assume the defense and indemnify and
save harmless the City and its officers and employees from all
claims, loss, damage, injury, and liability of every kind, nature
and description brought by any person employed or used by
Consultant to perform any work under this contract regardless of
responsibility for negligence .
5. Hold Harmless Agreement
Consultant shall assume the defense of and indemnify
and hold harmless the City and its officers and employees for all
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claims, loss, damage, injury and liability of every kind, nature
and description directly or indirectly arising from or in
connection with the performance of the contract or from any
failure or alleged failure of the Consultant to comply with any
applicable laws, rules, or regulations including those relating
to health and safety or resulting or arising from any advice or
information provided by Consultant to any member of the Carlsbad
Police or Fire Department except for loss or damage which was
caused solely by the act of negligence of the City. The expenses
of defense include all costs and expenses including attorneys
fees for litigation, arbitration or other dispute resolution
method. Consultant shall carry insurance in an amount not less -
than one million dollars covering the liability stated in this
paragraph naming the City as an additional insured, The
insurance shall contain a waiver of any rights the insurer may
have to subrogate against the City.
6. Subcontractinq
Consultant may subcontract the work to be performed
under this contract by the Consultant. Consultant shall be fully
responsible to the City for the acts and omissions of the
Consultant's subcontractor and of the persons either directly or
indirectly employed by the subcontractor in the same manner the
Consultant is €or the acts and omissions of persons directly
employed by Consultant. Nothing contained in this contract shall
create any contractual relationship between any subcontractor of
Consultant and the City. The Consultant shall bind every
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subcontractor and every subcontractor of the subcontractor by the
terms of this contract applicable to Consultant’s work unless
specifically noted to the contrary and the subcontracting in
question approved in writing by the City.
7. Assignment of Contract
Consultant shall not assiqn this contract or any
part thereof or any monies due hereunder without the prior
written consent of the City.
8. Verbal Agreement or Conversation
No verbal agreement or conversation with any
officer, agent or employee of the City either before, during or
after the execution of this contract shall effect or modify any -
of the terms or obligations contained herein nor shall such
verbal agreement or conversation entitle the Consultant to any
additional payment whatsoever under the terms of ,this contract.
IN WITNESS WHEREOF, this Agreement has been executed
the day and year first above written.
DATED :
CITY OF CARLSBAD FITNESS APPRAISAL, INC.
by :
APPROVED AS TO FORM: ATTEST :
VINCENT F. BIONDO, JR. ALETHA L. RAUTENKRANZ,
City Attorney City Clerk
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