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HomeMy WebLinkAbout1986-02-04; City Council; Resolution 83911 2 3 4 5 6 7 a 9 1c 11 12 12 14 1: 1E 17 1E 15 2c 21 22 2: 24 2t 2E 27 2E 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: 4th - AYES: Council Members Lewis, Kulchin, Chick and Pettine NOES: None ABSENT : Council Member Casler ATTEST : CLAUDE A. LEWIS, Mayor Pro-Tem rk (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 e 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 -2- 7 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 -3- 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 -4- 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 -5- .‘r 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 -6-