City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01007 June 14, 2022
Title: Contract: Cooperative Purchasing Agreement Periodic Physical Exam/Health Screenings and Cancer Screening
Location: Citywide
Recommendation: Pass a Motion: 1) approving the use of the City of Modesto cooperative purchase agreement with Life Extensions Clinic DBA Life Scan Wellness Center to provide periodic physical exam/health screenings and cancer screening for Sacramento Fire Department (SFD) sworn personnel through August 23, 2023, for a not-to-exceed amount of $430,500; and 2) authorizing the City Manager, or the City Manager’s designee, to execute the cooperative purchase agreement’s Additional Terms and Conditions .
Contact: Niko King, Deputy Chief, (916) 808-2002, [email protected] , Fire
Department
Presenter: None
Attachments:
1-Description/Analysis
2-City of Modest RFP 1920-21
3-City of Modesto Contract #203256
4-City of Modesto Life Extensions Clinic Additional Federal Terms (will be executed after City Council approval of item)
Description/Analysis
Issue Detail: The Fire Department is seeking approval to use the cooperative purchasing agreement between the City of Modesto and Life Extensions Clinics to enter into a contract with Life Extensions Clinics to provide periodic physical exam/health screenings and cancer screening physicals for SFD sworn personnel.
Currently, SFD provides entry level physicals for all its suppression personnel as a condition of pre-employment. SFD also offers periodic physicals and immunizations (typically every other year as funding allows); however, the physicals do not meet the National Fire Protection Association (NFPA) 1582 standards. This contract will support the initial phase of providing an NFPA compliant program for physicals and cancer screening for existing sworn personnel.
This initial phase will be an opportunity for SFD to utilize the data and resources gathered during the initial period and work towards identifying a funding strategy for creating an ongoing program for the SFD members.
Policy Considerations: None.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): Ongoing administrative maintenance activities, such as purchases of supplies, equipment or materials which are not made for purposes of a public construction project, do not constitute a “project” and are exempt from the California Environmental Quality Act (CEQA) CEQA Guidelines, Section 15061(b) (3), 15378(b) (2).
Sustainability: None.
Commission/Committee Action: None.
Financial Considerations: On September 21, 2021, the City Council adopted Resolution 2021-0285 which authorized the City Manager or the City Manager’s designee to accept $391,364 from the 2020 Assistance to Firefighter Grant (AFG) program and to transfer the City’s cost share of the grant from the Intergovernmental Transfer (IGT) commitment of General Fund balance in the amount of $39,136 to the 2020 AFG project (G12903200). The purpose of the AFG program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. SFD’s mission is to protect our community through effective and innovative public safety services. This includes the protection of our SFD members.
Sufficient funding is available in the 2020 AFG Project (G12903200) to support the recommended services in the amount of $430,500.
Local Business Enterprise (LBE): The minimum LBE participation requirement is waived for the City’s use of cooperative purchase agreements that have been competitively bid, evaluated, and awarded by other governmental agencies that may or may not have similar LBE programs. Use of cooperative purchase agreements saves time, reduces administrative costs, improves efficiency, and helps taxpayer dollars go farther.
1 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
FOR
OCCUPATIONAL MEDICINE SERVICES
A PRE-PROPOSAL TELECONFERENCE
To be held on
Tuesday, June 30, 2020 at 1:30 P.M.
Participants: Dial 1-408-418-9388
Enter Access Code: 969 845 341
PROPOSAL OPENING: JULY 28, 2020 at 10:00 A.M.
CITY OF MODESTO CONTACT: Kathy Crandall, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: Phone Number (209) 577-5420
2 CITY OF MODESTO
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
TABLE OF CONTENTS
Page
.
Notice to Proposers ......................................................................................................................... 3 . City Contacts ...................................................................................................................... 4 . Calendar of Events ............................................................................................................. 4 . Offer and Acceptance ......................................................................................................... 4 Submittal Checklist ............................................................................................................ 5
FORMS
. Proposal Acknowledgement (Signature Form) ............................................................... 6 . Pricing Schedule (Signature Form) ............................................................................... 11 . Exceptions, Clarifications, Amendments ......................................................................... 12 . References ........................................................................................................................ 13 . Financial Interest Disclosure (Signature Form) ............................................................. 16 . Support of Local Vendors ................................................................................................ 18 . Company History Statement ............................................................................................ 19 . Minimum Qualifications .................................................................................................. 19 Addenda Acknowledgement ............................................................................................ 20
Technical Specifications and Requirements
Proposal Evaluation Criteria ............................................................................................ 21 . Background/Scope of Services ........................................................................................ 25 Required Licenses ............................................................................................................ 29 Insurance Requirements ................................................................................................... 29
General Terms and Conditions
. Proposal Submittal ........................................................................................................... 32 . Acceptance/Rejection of Irregular Proposals ................................................................... 32 . Complete Proposal Submittal ........................................................................................... 33 . Compliance / Non-Compliance ........................................................................................ 33 . Pricing Format .................................................................................................................. 33 . Pricing Schedule ............................................................................................................... 34 . Award of Proposal ............................................................................................................ 34 . Evaluation Process ........................................................................................................... 34 . Term of Contract .............................................................................................................. 35 . Termination of Services ................................................................................................... 36 . Electronic Payment .......................................................................................................... 36
. Sample Agreement ........................................................................................................... 44 Physical Examinations Protocol A-P .......................................................................... 58-73
3 .
NOTICE TO PROPOSERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed proposals for the furnishing of Occupational Medicine Services for the City of Modesto, Human Resources Department.
All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto. Proposals shall be submitted on the proposal sheet and shall be downloaded from the City’s Purchasing website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such proposals shall include all necessary specifications. It is highly recommended all proposal documents be downloaded from the City’s website.
Each proposal shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 no later than Tuesday, July 28, 2020 at 10:00 A.M. at which time proposals will be opened and recorded. All proposals shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.
Proposals will be received only at the address shown above, and prior to the time indicated. Any proposal received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the proposer unopened.
All proposals, whether delivered by an employee of the proposer, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated. The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of proposals. The City of Modesto assumes no responsibility for delay in the delivery of the proposal.
On the outside of both the proposal envelope and courier envelope, the proposer shall indicate the following:
NAME AND ADDRESS OF PROPOSER
SPECIFICATION NUMBER 1920-21
OCCUPATIONAL MEDICINE SERVICES
PROPOSAL OPENING DATE: JULY 28, 2020 AT 10:00 A.M.
MAIL TO: CITY CLERK COURIER TO: CITY CLERK
CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET, SUITE 6600
MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all proposals or to waive any informalities or minor irregularities in a proposal.
No proposer may withdraw his/her proposal for a period of one-hundred twenty (120) days after the date set for the opening thereof.
4 CITY CONTACTS
All questions regarding these specifications, terms, and conditions shall be submitted in writing to Kathy Crandall, Buyer, via email at: [email protected]
All contacts during the proposal process shall be through the Purchasing Division. Attempts by the proposer to contact department representatives may result in disqualification of the proposer from the proposal process.
CALENDAR OF EVENTS
Event Date
Proposal Issued June 19, 2020
A Pre-Proposal Conference June 30, 2020 at 1:30 P.M.
Written Questions Due July 9, 2020
Addendum Issued (if required) July 14, 2020
Response Due BEFORE 10:00 A.M. on Tuesday, July 28, 2020 Proposal Award Date December 2020
Note: Award date is approximate.
Note: Deliver or mail proposals to the referenced address, only, as indicated in the Notice to proposers.
It is the responsibility of each proposer to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The proposer agrees and acknowledges all RFP specifications, terms and conditions and indicates the ability to perform by submission of a proposal. By the submission of a proposal, the proposer certifies that if awarded a contract they will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.
CALIFORNIA LABOR CODE SECTION 1771.1 (a)
1771.1. (a) A PROVIDER or sub PROVIDER shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered PROVIDER to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the PROVIDER is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
OFFER AND ACCEPTANCE:
Seller represents his/her acceptance to provide products and/or services as follows. City's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in City purchase order documents, specifications, supporting data, and these articles.
Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during or after order placement by City are hereby rejected. City purchase orders signed by the City's Purchasing Manager or her designated agent and issued to Seller constitutes written notification to Seller of City's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the City's terms and conditions.
5 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
SUBMITTAL CHECKLIST
PROPOSAL SUBMITTAL CHECKLIST
The proposer shall provide a complete proposal before 10:00 A.M. on the bid opening date. Failure to provide all the required documents may cause the bid to be considered non-responsive.
COMPLETE PROPOSAL Page No.
Proposal Acknowledgement (Signature Form) .................................................................... ……6 Pricing Schedule (Signature Form) ............................................................................................ 11 Exceptions, Clarifications, Amendments (if applicable).............................................................. 12 References……………………………………………………………………………………. 13
Financial Interest Disclosure Form (Signature Form) ............................................................... 16 Support of Local Vendors (if applicable) ..................................................................................... 18 Company History Statement ........................................................................................................ 19 Minimum Qualifications (Financials, Under Separate, Sealed Cover). Please note, only 1 set of financials need be submitted with your original proposal packet(s) .................................. 19 Addenda Acknowledgement ........................................................................................................ 20
6 PROPOSAL ACKNOWLEDGEMENT
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
The City is soliciting proposals from qualified proposers to furnish its requirements per the specifications, terms and conditions contained in the above referenced proposal number. This Proposal Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the proposal response.
Obligations assumed by such signature must be fulfilled.
1. Preparation of Proposals: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the proposal. (b) Quote price as specified in proposal. No alterations or changes of any kind shall be permitted to the Proposal Form. Responses that do not comply shall be subject to rejection in total.
2. Failure to Submit Proposal: If you are not submitting a proposal but want to remain on the mailing list and receive future proposals, complete, sign and return this Proposal Acknowledgement and state the reason you are not pricing.
3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the RFP, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the proposal. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the Agencies; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the Agencies are exempt from certain Federal excise taxes. The Agencies will furnish an exemption certificate.
4. Award: (a) Unless otherwise specified by the proposer or the RFP gives notice of an all-or-none award, the City may accept any item or group of items of any proposal. (b) Proposals are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFP. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful proposer within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.
5. Patent Indemnity: Proposers who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un-patented invention, article or appliance furnished or used in connection with the contract or purchase order.
6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the proposer’s expense.
7. Rights and Remedies of Agencies for Default: (a) In the event any item furnished by the proposer in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the proposer with its proposal, the City may reject the same, and it shall thereupon become the duty of the proposer to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the proposer fail, neglect or refuse so to do the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to vendor the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the proposer fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the proposer. (c) The rights and remedies of the Agencies provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.
8. Discounts: (a) Terms of less than ten (10) days for cash discount will be considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the RFP, or from date correct invoices are received by the City at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the City’s check.
9. California Government Code Section 4552: In submitting a proposal to a public purchasing body, the proposer offers and agrees that if the proposal is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the proposer for sale to the purchasing body pursuant to the proposal. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the proposer.
10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in on this order.
11. Two “Inked” Signed Original Proposal Document Requested: Failure to furnish at least one “inked” signed original proposal document may result in disqualification.
THE undersigned acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the proposer indicated below, in accordance with the specifications, terms and conditions of this RFP and Proposal Acknowledgement, for the pricing indicated on the Pricing Schedule.
Firm:
Address:
City/State/Zip:
Signature/Title/Date:
7 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
PRICING SCHEDULE
All time, materials, tax, tools, delivery, travel, licenses and insurance necessary to perform the required work s hall be included in bid pricing for pricing schedules and optional services. Proposals must be submitted on the pricing schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification , Amendments” section on page 12.
ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct in the reasonable discretion of the City. **
Services Est. Annual
Quantity
Unit of
Issue Unit Price Extended Price
Physical Examination Protocol A 33 Each $________/Each $_____________ Physical Examination Protocol B 42 Each $________/Each $_____________ Physical Examination Protocol C 1 Each $________/Each $_____________ Physical Examination Protocol D 2 Each $________/Each $_____________ Physical Examination Protocol E 1 Each $________/Each $_____________ Physical Examination Protocol F 78 Each $________/Each $_____________ Physical Examination Protocol G 8 Each $________/Each $_____________ Physical Examination Protocol H 51 Each $________/Each $_____________ Physical Examination Protocol I 1 Each $________/Each $_____________ Physical Examination Protocol J 9 Each $________/Each $_____________ Physical Examination Protocol K 21 Each $________/Each $_____________ Physical Examination Protocol L 1 Each $________/Each $_____________ Physical Examination Protocol M 6 Each $________/Each $_____________ Physical Examination Protocol N 3 Each $________/Each $_____________ Physical Examination Protocol O 171 Each $________/Each $_____________ Physical Examination Protocol P 44 Each $________/Each $_____________ ANNUAL TOTAL $_____________
8 REQUIRED ADDITIONAL SERVICES
Optional Services
Description of Work Quantity Unit of
Issue Unit Price Extended Price
Fitness for Duty Examination
(including report) 1 Each $________/Each $_____________ DOT Exam and Certificate
(including report)
1 Each $________/Each $_____________
DOT Alcohol Screening
(including report)
1 Each $________/Each $_____________
DOT Drug Screening (including
report)
1 Each $________/Each $_____________
Cal/OSHA Respirator
Questionnaire
1 Each $________/Each $_____________
Asbestos Exposure Monitoring
1 Each $________/Each $_____________
Hazardous Waste Remediation
Examinations
1 Each $________/Each $_____________
Pesticide Exposure Monitoring
1 Each $________/Each $_____________
Cal/OSHA Aerosol Transmissible
Disease Standard Compliance
1 Each $________/Each $_____________
Consultation Services 1 Hourly $________/Each $_____________ Advisor to City (Courtroom
Testimony)
1 Hourly $________/Each $_____________
9 OPTIONAL SERVICES FOR FIREFIGHTER ANNUAL PHYSICALS
Optional Services
Est. Annual
Quantity
Unit of
Issue
Unit Price
Extended Price
Vision Exam (Titmus)
1 Each $________/Each $_____________
Skin cancer assessment
1 Each $________/Each $_____________
Behavioral Health and Sleep
Assessment Screenings
1 Each $________/Each $_____________
Personal Consultation with
review of testing results
1 Each $________/Each $_____________
Thyroid Ultrasound
1 Each $________/Each $_____________
Echocardiogram (Heart)
Ultrasound
1 Each $________/Each $_____________
Carotid Arteries Ultrasound
1 Each $________/Each $_____________
Liver, Gall Bladder, Spleen, &
Kidney & Bladder Ultrasounds
1 Each $________/Each $_____________
Ovaries and Uterus Ultrasounds
(Women)
1 Each $________/Each $_____________
Prostate and Testicular
Ultrasounds(Men)
1 Each $________/Each $_____________
Hemoccult Test with Digital
Rectal Exam
1 Each $________/Each $_____________
Urinalysis
1 Each $________/Each $_____________
Lipid Panel
1 Each $________/Each $_____________
Thyroid Panel TSH with Reflex
to T4 1 Each $________/Each $_____________
Testosterone (men) 1 Each $________/Each $_____________ CA-125 (women) 1 Each $________/Each $_____________
Muscular Strength and
Endurance Evaluation 1 Each $________/Each $_____________ Aerobic Endurance Evaluation
(V02 Max Calc) 1 Each $________/Each $_____________
Flexibility Evaluation 1 Each $________/Each $_____________ Nutrition and Diet
Recommendations 1 Each $________/Each $_____________
Personal Fitness
Recommendations 1 Each $________/Each $_____________
10 OPTIONAL SERVICES FOR FIREFIGHTER ANNUAL PHYSICALS
Optional Services
Est. Annual
Quantity
Unit of
Issue
Unit Price
Extended Price
QuantiFeron Gold TB Blood Test 1 Each $________/Each $_____________ HIV Screening Test 1 Each $________/Each $_____________ TD (Tetanus) Titer 1 Each $________/Each $_____________ TD (Tetanus) Vaccine 1 Each $________/Each $_____________ Varicella Titer 1 Each $________/Each $_____________
Varicella Vaccine 1 Each $________/Each $_____________
Meningococcal Titer 1 Each $________/Each $_____________ Meningococcal Vaccine 1 Each $________/Each $_____________ Hepatitis A Titer 1 Each $________/Each $_____________
Hepatitis A Virus Screening Test 1 Each $________/Each $_____________ Hepatitis B Virus Screening Test 1 Each $________/Each $_____________ Hepatitis C Virus Screening Test 1 Each $________/Each $_____________ MMR 1 Each $________/Each $_____________
MMR Titer 1 Each $________/Each $_____________
Polio Titer 1 Each $________/Each $_____________
Polio Vaccine Booster 1 Each $________/Each $_____________ Testosterone Blood Test 1 Each $________/Each $_____________ C Reactive Blood Test 1 Each $________/Each $_____________ Heavy Metals (Hazmat) 1 Each $________/Each $_____________ Body Weight and Composition
(Calipers) 1 Each $________/Each $_____________
Coronary Calcium Score
Baseline 1 Each $________/Each $_____________
11 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
PRICING SCHEDULE
City Business/Delivery License No. __________ Expiration Date: __________
PROVIDER License No. __________ Expiration Date:
__________
Stated pricing is subject to (______ %) cash discount if invoice is paid within ______ days after acceptance of service.
A City Business License is not required at the time of the bid, however, please note the License No. if proposer should already have one. (See Section 2.12 for further details)
Does bidder accept the City’s Epay Payment
Program? Please check one: Yes ____ No ____
Information regarding the program is provided in Section 2.15 Payment.
THE undersigned acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the proposer indicated below, in accordance with the specifications, terms and conditions of this RFP and Proposal Acknowledgement, for the pricing indicated on the Pricing Schedule.
Company Name (Proposer):
By (Person Submitting Proposal):
(Print)
By (Person Submitting Proposal):
(Signature)
Title of Person Submitting Proposal:
Business Address
(City/State/Zip):
Email Address:
Telephone Number:
Fax Number:
Date:
Company Name (Proposer):
12 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
List requests for proposal clarifications and exceptions below, if any, sign and submit with your proposal response. This form is not required to be returned, unless an Exception, Clarification, or Amendment is requested by the proposer.
Item No. Reference To: Description
Page No. Paragraph No.
Company Name (Proposer):
13 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
REFERENCES
All proposers must provide a list of five (5) current or former clients in the area provided below, identifying prior experience with the same type of services requested by the City under Scope of Work. References shall have similar volume and requirements to those outlined in these specifications, terms and conditions. Proposer’s failing to provide references shall be deemed unacceptable.
The City may contact some or all of the references provided in order to determine the Proposers’ performance record on services similar to that described in this proposal. The City reserves the right to contact references other than those provided in the response and to use the information gained from them in the award process.
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract
Value $
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract
Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract
Value $
14 Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract
Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract
Value $
Company Name (Proposer):
15 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
FINANCIAL INTEREST DISCLOSURE
REQUIRED DISCLOSURE BEGINNING THE COUNCIL MEETING
OF JANUARY 7, 2003
The ordinance requiring financial interest disclosure by all parties having a direct or indirect interest of $2,000 or more (except for certain publicly traded companies) will be effective at the Council meeting of January 7, 2003. This means that any Council action on a contract, agreement or development right must be accompanied by a FINANCIAL INTEREST DISCLOSURE FORM listing by name all parties that have a material financial interest in the agreement, contract or development right.
PLEASE NOTE, any Council action that requires a FINANCIAL INTEREST DISCLOSURE cannot be considered by the City Council until the required reporting is made. That means that Agenda Items without the DISCLOSURE will be removed from the Council Agenda.
FinDisclosure12-19
16 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
FINANCIAL INTEREST DISCLOSURE FORM
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name. on page 13.
Tests of Materiality:
1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant’s agreement or application for development rights.
2. Whether it is foreseeable to a reasonable person that the person’s gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true, correct and complete. The applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both.
Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
By signing this document, I agree to the information contained within.
COMPANY NAME: ____________________________________________________ __________________________________
APPLICANT’S NAME (SIGNATURE):
__________________________________
APPLICANT’S NAME/TITLE (PRINT):
__________________________________
DATE:
Applicable Names:
(See attached list)
Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.
DIRECTOR
17 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
FINANCIAL INTEREST DISCLOSURE
COMPANY NAME: __________________________________________ NAMES
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
18 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICE
SUPPORT OF LOCAL VENDORS
REQUEST FOR DECLARATION
of
LOCAL BUSINESS
Should the proposer that submits the lowest responsive proposal or quote and would otherwise normally qualify to receive the proposal pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest proposal or quote submitted by a local business that is within five percent (5%) of the lowest proposal or quote, whether or not that proposer is the second lowest proposer, may be deemed to be the lowest proposer if the local proposer agrees to reduce its proposal to match the proposal or quote of the lowest proposer in writing within five (5) business days after notification by City Purchasing staff, provided that said local proposer is deemed to be a responsible proposer as determined by the Purchasing Manager.
To qualify as a local proposer, the proposer must have a physical business location within the City of Modesto and a current City of Modesto business license.
This document is only required should the proposer request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.
I declare I am a local business per the above criteria
SUPPORT OF LOCAL VENDORS
DECLARATION OF ELIGIBILITY
Company Name:
Street Address:
Telephone Number:
Business License Number:
Under penalty of perjury, The Undersigned declares that the foregoing information is true and correct:
Print/Type Name:
Title:
Signature:
Date:
19 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICE
COMPANY HISTORY STATEMENT
Your company shall have been in business for a minimum of three (3) continuous years (immediately prior to the time of the RFP submittal date) providing the types of services requested in this RFP.
The company history statement shall be prepared on company letterhead and provided with the proposal submittal.
MINUMUM QUALIFICATIONS
Minimum Qualifications are mandatory for proposal consideration, and at a minimum shall include the following:
Financial Stability (Provided in a sealed separate envelope):
Proposers shall submit a copy of their company’s most recent professionally prepared Financial Statements (Income Statement and Balance Sheet). These statements, if un-audited, shall be accompanied by a cover letter that states the name and title of the preparer, the basis of the financial statement presentation (cash or accrual) and whether these statements have been prepared in accordance with Generally Accepted Accounting Principles for the most recent fiscal year end of the proposer. Audited financial statements shall be submitted in their entirety, including the auditor’s opinion and notes to the financial statements.
A separate document shall be provided and signed under penalty of perjury by the proposer’s financial officer or owner that explains the proposer’s inability to provide statements for a fiscal period that ended at least eight (8) months before the required date of submittal, if such inability exists.
One complete set of Financial Statements shall be submitted in a sealed separate envelope filed with the (original proposal document), marked with the following:
FINANCIAL STATEMENTS
NAME AND ADDRESS OF PROPOSER
SPECIFICATION NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
PROPOSAL OPENING DATE: JULY 28, 2020 AT 10:00 A.M.
20 ADDENDA ACKNOWLEDGEMENT
The proposer shall check the RFP listing on the City or PlanetBid website, periodically, and in any event, no later than the day prior to proposal opening to obtain any addenda information. The changes identified in the addenda modify this request for proposal and specifications. The addenda now become a part of this request for proposal and specifications. Signing the Proposal on the signature portion thereof, the proposer is acknowledging that the proposer has confirmed that he or she has received all addenda issued for this request for proposal and specifications, and has included costs for such in the proposal submitted. Failure to list and acknowledge all addenda numbers may cause the bid to be considered non-responsive. Do not attach any of the addenda to this sheet nor include them with the proposal.
This document is only required to be returned should addenda have been issued.
The Proposal is submitted with respect to the changes to the request for bid and specifications included in addenda numbers:
LIST ALL ADDENDA NUMBERS: ____________________________________________________
Company Name (Proposer):
21 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
Most of the material needed to present a comprehensive proposal can be placed into one of the sections listed. Responses should be complete and detailed. However, if relevant information needs to be presented to further support the proposer’s case other appropriate sections may be added.
EVALUATION
All proposals submitted will be reviewed by a City of Modesto evaluation committee. At the completion of the proposal review, finalists may be asked to provide an in-depth presentation and product demonstration in Modesto. Whether or not a presentation shall be performed is wholly within the discretion of the evaluation committee. The committee will select the proposal which best fulfills the City’s requirements and represents the best value to the City of Modesto as determined by the evaluation committee. No single factor will determine the final award decision.
Overall responsiveness to the Request for Proposals is an important factor in the evaluation process.
EVALUATION CRITERIA
1. REFERENCES
2. BACKGROUND OF FIRM
3. QUALIFICATIONS AND EXPERIENCE OF PERSONNEL
4. LEVEL & QUALITY OF SERVICE
5. COST
22 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
COMPANY HISTORY STATEMENT
Your company shall have been in business for a minimum of three (3) continuous years (immediately prior to the time of the RFP submittal date) providing the types of services requested herein.
The company history statement shall be prepared on company letterhead and provided with the proposal submittal.
23 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
DETAILED FULL SCOPE OF SERVICE
Proposer shall describe in detail their firm’s ability to successfully provide medically appropriate and legally defensible cost-effective solutions to medical evaluation needs, as related to the full scope of services defined in this RFP document.
Except as specifically defined herein, all terms shall be interpreted according to best practice and understanding.
24 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
QUALIFICATIONS AND EXPERIENCE OF PERSONNEL
1 Identify the key personnel from your firm who would be assigned to this account. Include a description of their qualifications, current job functions (including other accounts to which they are committed), proposed roles on the account team, and office locations(s). Designate a principal of the firm who would be ultimately responsible for the relationship and an Account Manager who would provide day-to-day direction of the required work. Furnish resumes for all key personnel.
2 If more than two (2) people will be assigned to the City, include an organization chart that clearly delineates communication and reporting relationships among the staff.
25 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
TECHNICAL SPECIFICATIONS AND GENERAL REQUIREMENTS
BACKGROUND/SCOPE OF SERVICES
Proposer shall describe in detail their firm, its affiliations, history, etc.
Include any additional information that will assist the City in evaluating your proposal.
1. Furnish background information about your firm, including date of founding, legal form (i.e. sole proprietorship, partnership, LLC, corporation/state or incorporation), number and location of offices, number of employees, days/hours of operation and other pertinent data. Disclose any conditions that may affect the proposer’s ability to perform contractually.
2. Describe your firm’s most noteworthy qualifications for providing the required services to the City. Specifically highlight those qualifications that distinguish you from your competitors.
3. Identify all lost or terminated contracts within the past three (3) years. For each contract, identify the client’s line of business, describe the services your firm provided, and state the reasons for the end of your working relationship.
4. If your organization is a subsidiary or division of a parent firm, provide similar background information on the parent firm and identify any other affiliated companies.
1.1 SCOPE OF SERVICES
The City of Modesto is seeking to enter into an agreement for medical services with a physician or medical group to provide various necessary medical services for City applicants for appointments at a physical location within the City limits of Modesto, CA.
The City seeks to utilize the best combination of options available to implement a legally- defensible medical evaluation program to improve program efficiency, effectiveness and fiscal accountability. Additionally, the service provider must screen applicants and employees to properly evaluate and determine whether the physical capabilities and work- related safety requirements of the job, as well as the essential job functions, can be performed by an individual.
All reports provided by the physician or medical group in correlation with the scope of services described below must be legible and easy to read, preferably electronically generated. Reports must clearly and concisely provide necessary information. Facility testing results to be reviewed and discussed with patient by facility physician. The selected physician or medical group shall provide services, including, but not limited to, the following criteria.
26 1.2 TECHNICAL SPECIFICATIONS
1.2.1 Pre-Employment Physicals (post job offer):
Provide specific physical examinations for job candidates based on the proposed job description and City requirements listed in Exhibit “A” all exams should be conducted in compliance with the Genetic Information Nondiscrimination Act of 2008 (GINA). Job descriptions are provided on the City’s website at www.modestogov.com/346. All testing requiring interpretation must be discussed with the employee by a physician at the location where the testing was conducted.
• Provide pre-employment physicals for public safety personnel compliant with California Commission on Peace Officer Standards Training (POST) and National Fire Protection Association (NFPA) standards. Physical exam component requirements are listed in Exhibit “A” along with a list of City positions that will require that type of examination. • Provide medical clearance reports on pre-employment physicals and “any additional testing (as necessary) “to the City via electronic mail within three (3) business days of the appointment. If information is delayed, the physician’s office must proactively contact City staff via telephone or electronic mail to communicate the delay and anticipated completion date.
• Provide sufficient staffing availability to schedule appointments within two (2) business days of a request for appointment.
• Maintain sufficient scheduling availability to conduct examinations within ten (10) business days of a request for appointment
• The City will also consider proposals for the analysis of the physical requirements of certain positions in support of physical ability testing. Resulting evaluation criteria must be validated and legally defensible.
• As an advisor to the City, the provider may be called upon to testify in court or in other grievance proceedings relating to his/her recommendations to the City.
1.2.2 Drug and Alcohol Testing
• Provide drug and alcohol testing services for employees of the City of Modesto subject to such testing because of safety sensitive duties, post-accident, or as a result of reasonable suspicion testing request. Maintain sufficient availability to provide immediate response to drug and alcohol requests when required by DOT regulations (i.e., must be able to take walk-ins)
• Alcohol testing procedures must be compliant with 49CFR Part 40 and must be conducted by a certified Breath Alcohol Technician using an evidential breath testing device approved by the Federal Motor Carrier Safety Administration. • Drug testing procedures must be compliant with 49CFR Part 40. Drug testing must be conducted using a split sample urine specimen and must be done in compliance of DOT Standards.
• Provide results of alcohol testing to the City of Modesto via electronic mail immediately after completion of testing.
• Provide results of drug testing within three (3) business days of the test to the City of Modesto via electronic mail. If information is delayed, the physician’s office must proactively contact City/Risk Division via telephone or electronic mail to communicate the delay and anticipated completion date.
27 1.2.3 DOT Commercial Driver Physical Examinations
• Provide DOT compliant physical exams. DOT exams must be performed by a provider on the “National Registry of Medical Examiners for DOT”. • Provide results of exam within three (3) business days of the exam via electronic mail. If information is delayed, the physician’s office must proactively contact City staff via telephone or electronic mail to communicate the delay and anticipated completion date. • Provide sufficient staffing availability to schedule appointments within two (2) business days of a request for appointment.
• Maintain sufficient scheduling availability to conduct examinations within ten (10) business days of a request for appointment.
1.2.4 Fitness for Duty Examinations
• Provide physical examinations to determine fitness for duty pursuant to the employee’s applicable job description as needed.
• Provide results of the exam to the City of Modesto within two (2) business days of the appointment. If information is delayed, the physician’s office must proactively contact City, Risk Division via telephone or electronic mail to communicate the delay and anticipated completion date.
• Provide sufficient staffing availability to schedule appointments within three (3) business days of a request for appointment.
• Maintain sufficient scheduling availability to conduct examinations within ten (10) business days of a request for appointment.
1.2.5 Consultation Services
• Conduct an analysis and evaluation of the current pre-employment placement medical evaluation process and make recommendations for improvement. • Analyze current job class specifications and make recommendations for developing job profiles taking into consideration factors such as delineated physical abilities, physical working conditions and environmental factors for the City’s use in the Medical Evaluation process.
• Provide a written outline of the administrative and procedural requirements and provide training to Human Resources personnel in administration procedures.
1.2.6 Annual & Post-Employment Medical Surveillance
• Provide medical surveillance services as requested by the City for those employees, or prior employees, with occupational exposures covered by local, state, or federal regulations. This may include, but is not limited to:
1. Cal/OSHA Respirator Questionnaire
2. Asbestos Exposure Monitoring
3. Hazardous Waste Remediation Examinations
4. Pesticide Exposure Monitoring
5. Immunizations (such as Flu, Hepatitis, Measles, Mumps, Rubella, Tetanus, etc.) 28 6. Cal/OSHA Aerosol Transmissible Disease Standard Compliance
1.2.7 Annual Physicals
Provide annual physicals for public safety personnel, as requested by the City, and in compliance with California Commission on Police Officer Standards and Training (POST) and National Fire Protection Association (NFPA) standards and recommendations. Physical examination protocols for Fire and Police can be found in Exhibit D.
1.2.8 Additionally City of Modesto Fire Department reserves the option to request the additional services below, as listed in Exhibit C Optional Services:
Vision Exam (Titmus)
Skin cancer assessment
Behavioral Health and Sleep Assessment Screenings
Personal Consultation with review of testing results
Thyroid Ultrasound
Echocardiogram (Heart) Ultrasound
Carotid Arteries Ultrasound
Liver, Gall Bladder, Spleen, & Kidney & Bladder Ultrasounds Ovaries and Uterus Ultrasounds (Women)
Prostate and Testicular Ultrasound (Men)
Hemoccult Test with Digital Rectal Exam (fecal occult blood testing Urinalysis
Lipid Panel
Thyroid Panel TSH with Reflex to T4
Testosterone (men)
CA-125 (women)
Muscular Strength and Endurance Evaluation
Aerobic Endurance Evaluation (V02 Max Calc)
Flexibility Evaluation
Nutrition and Diet Recommendations
Personal Fitness Recommendations QuantiFeron Gold TB Blood Test HIV Screening Test
TD (Tetanus) Titer
TD (Tetanus) Vaccine
Varicella Titer
Varicella Vaccine
Meningococcal Titer
Meningococcal Vaccine
Hepatitis A Titer
Hepatitis A Virus Screening Test
Hepatitis B Virus Screening Test
Hepatitis C Virus Screening Test
MMR (Measles, Mumps and rubella)
MMR Titer (is a blood test that checks for immunity)
Polio Titer (test is used to check for immunity to Polio) 29 Polio Vaccine Booster (Adults who completed the polio vaccine series as children and are traveling to areas with increase risk of polio should receive a one-time booster close of vaccine (IPV).
Testosterone Blood Test
C Reactive Blood Test (Heavy Metals (Hazmat The level of C-reactive protein (CRP), which can Be measured in your blood, increases when there's inflammation in your body.
Body Weight and Composition (Calipers)
Coronary Calcium Score Baseline
1.2.9 Billing and Reports
1. Provide quarterly electronic activity reports, in a format established by the City in its sole discretion, of the nature and the number of examinations conducted, including but not limited to results and final depositions.
2. Provide a monthly explanation and summary of charges incurred in a format established by the City in its sole discretion.
1.3 REQUIRED LICENSES
Prior to beginning any service that shall be furnished under this specification, the bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389.
If the bidder is furnishing any labor or service including installation or maintenance, the bidder shall possess the appropriate California PROVIDER's license(s) at the time the proposal is submitted. A contract shall not be awarded to a bidder that does not possess the appropriate PROVIDER's license(s). The appropriate PROVIDER's license(s) is that specified in this request, or if not specified, that which is otherwise required by law, and qualifies the PROVIDER to do business in the State of California.
1.4 INSURANCE
The PROVIDER shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY.
The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
A. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
B. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent PROVIDERs and sub PROVIDERs; products and completed operations.
30 C. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
D. Professional Liability (Errors and Omissions) – insurance with a minimum limit of $1,000,000 per claim and policy 2,000,000 aggregate. If coverage is on a claim made basis it shall be maintained for at least three (3) years following completion of the work.
E. Professional Services (including architects, engineers, consultants, councilors, attorneys, accountants)
F. Waiver of Subrogation
G. Additional Insured Status-endorsement
If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the PROVIDER shall promptly obtain a new policy, submit the same to Risk Management via PINS for approval and submit a certificate thereof as hereinabove provided. Upon failure of the PROVIDER to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the PROVIDER to obtain and/or maintain any required insurance shall not relieve the PROVIDER from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the PROVIDER concerning indemnification. The CITY, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, officials, employees, and volunteers for losses arising from work performed by PROVIDER for the CITY.
The PROVIDER's insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager.
For any claims related to this project, the PROVIDER’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the PROVIDER’s insurance and shall not contribute with it.
PROPOSER CONFERENCE
A Non-Mandatory Proposal Teleconference is scheduled for June 30, 2020 at 1:30pm. ,
Participants: Dial 1-408-418-9388
Enter Access Code: 969 845 341
31 The City recommends that each company attending limit the number of representatives to two (2) individuals.
Persons attending the bidder conference assume all risks of damage or loss to person and property and specifically release the City of Modesto from liability therefore. 32 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
GENERAL REQUIREMENTS
2.1 PROPOSAL SUBMITTAL
Proposer should submit two “inked” (preferably blue ink) signed original proposal documents, plus six (6) copies of the signed original proposal document and One (1) electronic copy submitted via USB. The original proposal document shall be clearly marked. Photocopies do not constitute an original proposal document.
FAILURE TO FURNISH AT LEAST ONE “INKED” SIGNED ORIGINAL PROPOSAL DOCUMENT MAY RESULT IN DISQUALIFICATION.
It is the responsibility of the proposers to identify information in their proposal responses that they consider confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.
All costs associated with the preparation of this proposal shall be borne by the proposer.
All exceptions taken to these specifications shall be specifically and clearly identified on the Exceptions, Clarifications, and Amendments Form. Failure to comply with this provision is grounds for proposal rejection.
Exceptions taken shall not affect the overall performance and quality of the services required by the City. The Purchasing Manager or her designated agent shall make the final decision regarding the acceptability of the services with exceptions.
Proposal shall be made in the format specified below. All requested exhibits shall be submitted with the completed Proposal and in the designated format. No oral, telegraph, telephone, facsimile or electronic proposals will be accepted. Failure to comply with all requirements may result in proposal rejection.
2.1.1 PROPOSAL PREPARATION
Proposal shall be submitted in a three-ring binder with section tabs (A through Z as needed) with responses in the order described below. In those instances where specific questions are asked, each question shall be repeated in the proposal with the response following the question.
Extraneous or marketing information shall not be included.
If a service requirement cannot be met, Proposer shall indicate “No Proposal” in the relevant section of the proposal. In this case, proposer may offer an alternative equivalent service.
2.1.2 ACCEPTANCE/REJECTION OF IRREGULAR PROPOSALS
A contract shall be awarded to the proposer whose proposal most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all proposals or to waive any informalities or minor irregularities in a proposal. 33 2.1.3 COMPLETE PROPOSAL SUBMITTAL
The following documents constitute the makeup of a complete proposal submittal:
• Proposal Acknowledgement (Signature Form)
• Pricing Schedule (Signature Form)
• Exceptions, Clarifications, Amendments
• References
• Financial Interest Disclosure (Signature Form)
• Support of Local Vendor (if applicable)
• Company History Statement
• Minimum Qualifications (Financials)
Failure to furnish any of these documents may result in disqualification.
2.1.4 PROPOSAL PREPARATION
Proposals shall be prepared in the order listed in Section 2.1.3 Complete Proposal Submittal.
Proposals should be tabbed with dividers. Tabbed dividers shall be clearly marked indicating the appropriate document.
2.2 COMPLIANCE
Proposers are required to sign the “Pricing Schedule, Proposal Acknowledgement Form and Financial Interest Disclosure” of this Proposal document, thereby acknowledging they are in full compliance with all requirements of Proposal No. 1920-21, and any addendum to such Proposal.
The Proposer guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the City of Modesto.
2.3 NON-COMPLIANCE
If you cannot comply with a specification requirement, note as an addendum on the Exceptions, Clarifications, Amendments form, your exception, and your recommendation.
The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Proposer is not in compliance with the specification, the Proposal may be rejected.
2.4 PRICING FORMAT
All labor initial background checks, drug -screening, licenses, insurance and equipment to perform the services shall be included in the proposed pricing,
Unless otherwise stated, the Proposer agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
34 2.5 PRICING SCHEDULE
Proposers shall use the Pricing Schedule Form to present their proposed pricing. No other form or format shall be accepted.
2.6 AWARD OF PROPOSAL
Proposals shall be evaluated by a committee and will be ranked in accordance with the RFP section entitled “Evaluation Criteria.”
The committee shall recommend award to the proposer(s) who, in its opinion, has submitted a proposal that best serves the overall interests of the City, and attains the highest overall point score.
Award may not necessarily be made to the proposer with the lowest price.
The City reserves the right to decline to award a contract if it is determined that the proposed pricing is not competitively priced based on similar contracts with public agencies within the State of California.
The City reserves the right to select that proposal, which best suits the City’s needs. Regardless of City staff’s recommendation, the City Council reserves the right to award a contract to the proposer that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.
Contracts may be awarded to more than one company in orde r to provide for backup, or in case the “primary” PROVIDER is unable to meet the City’s needs. The secondary company could be awarded a specific job only if the primary PROVIDER is unable to perform the service, or if the primary PROVIDER is unable to complete the specific job within the time frame required by the City, and finally, if the primary PROVIDER is unable to maintain acceptable quality standards required by the City.
2.7 EVALUATION PROCESS
Proposals shall be evaluated using a three (3) step process:
Level 1 – Minimum Qualifications Review: The City shall perform an initial responsiveness review to determine compliance and shall notify disqualified Proposers. Proposers that do not meet the “Minimum Qualifications” requirements shall be deemed non-responsive and/or/non- responsible to this RFP and will receive no further consideration.
Level 2 – Proposal Content and Cost Ratings: Proposals that meet Level 1 Minimum Qualifications Review shall be evaluated based on the evaluation criteria “Proposal Evaluation Criteria”. Proposer submittals shall be evaluated and scored. Proposer cost information shall be evaluated as part of Level 2 evaluation process.
Level 3 – Short List (Oral Presentations): At the sole discretion of the Evaluation Committee, a “short list” of proposers may be developed of the highest rated written submissions, based on Level 1 and Level 2 rankings. If the Evaluation Committee chooses, these proposers would be invited to give presentations. Final scoring of “short list” proposals shall be completed upon the conclusion of presentations.
35 2.8 TERM OF CONTRACT
The term of the contract shall be for a period of two (2) years with three (1) one-year extension options at the sole discretion of City, for a total of up to five (5) years.
1. Pricing shall remain firm for the first two (2) years of any contract, which may be awarded pursuant to this RFP.
2. Price increases for subsequent contract years three, four and five, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one contract year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by PROVIDER(s) in writing, at least sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year. pursuant to this RFP.
2.9 QUANTITIES
The successful Proposer shall be required to provide whatever quantities may be required during the contract term. No minimum or maximum is guaranteed or implied.
2.10 FUNDING
All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the agreement without redress.
2.11 INSPECTION AND ACCEPTANCE
Whenever the product or service provided by the supplier has been delivered to delivery point, the designated agent shall make the final inspection and acceptance.
If upon initial inspection the product or service is found to be defective in its construction or deficient in any of the requirements of this specification, the supplier shall remedy or remove said product in an acceptable manner at the supplier's expense. No compensation shall be allowed for such correction of product, labor, or transportation of product.
2.12 CITY BUSINESS LICENSE
Prior to beginning any service, that shall be furnished under this specification and proposal, the Proposer shall secure the appropriate Business license from the City of Modesto.
Business license information may be obtained by calling (209) 577-5389.
2.13 SUPPORT OF LOCAL VENDORS
Should the bidder that submits the lowest responsive bid or quote and would otherwise normally qualify to receive the bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest bid or quote submitted by a local business that is within five percent (5%) of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the local bidder agrees to reduce its bid to match the bid or quote of the lowest bidder in writing within five (5) business days after notification by City Purchasing staff, 36 provided that said local bidder is deemed to be a responsible bidder as determined by the Purchasing Manager.
To qualify as a local bidder, the bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.
2.14 TERMINATION OF SERVICES
The City reserves the right to discontinue services with the provider upon failure to meet contractual expectations and/or obligations, as recommended by the site supervisor or his/her agent. Cancellation of services shall be determined by the collaborative efforts of the Purchasing Manager, or designee, and using department after reviewing the incident(s) of failure to perform.
The City reserves the right to review the service providers’ performance at any time with or without the knowledge or consent of the provider.
The City may terminate the agreement at any time with or without cause.
2.15 ELECTRONIC PAYMENT
Electronic Payment Method:
The City of Modesto provides an Epay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of bid or contract. Notification of payments and required invoice information is issued to the supplier’s designated Accounts Receivable contact by email remittance advice at time of payment.
During the evaluation process preference may be shown to proposers that agree to accept Epay for payment of invoices. Please indicate on the Pricing Schedule whether or not your company will accept the City’s Epay Program.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
2.16 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES
If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
2.17 NON-DISCRIMINATION
A. During the performance of this contract, PROVIDER and its sub PROVIDERs shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. PROVIDER and sub PROVIDERs shall ensure that the evaluation and treatment of their employees and applicants for employment are 37 free of such discrimination. PROVIDER and sub PROVIDERs shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
B. PROVIDER and its sub PROVIDERs shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
C. PROVIDER shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.
D. PROVIDER shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.
2.18 NON-DISCRIMINATION OF THE HANDICAPPED:
CERTIFICATION OF PROPOSER REGARDING NON-DISCRIMINATION OF THE
HANDICAPPED
By executing this agreement, the Proposer hereby certifies that he/she is in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the agreement and any extensions thereof.
2.19 DRUG FREE WORKPLACE
Proposer/PROVIDER certifies that he/she is in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act. Every person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
2.20 HOLD HARMLESS AGREEMENT
The PROVIDER shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney's fees, and all costs and expenses, arising directly or indirectly out of any act or omission of PROVIDER, whether or not the act or omission arises from the sole negligence or other liability of CITY, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under the Agreement.
2.21 ASSIGNMENT OF RIGHTS
PROVIDER offers and agrees, and will require all sub PROVIDERS and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they 38 may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the purchase of goods, services, or materials pursuant to this contract or any subcontract. The assignment made by PROVIDER and all assignments made by sub PROVIDERs and suppliers shall be made and become effective at the time the CITY renders final payment to PROVIDER, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
2.22 CITY PROCESS/PROCEDURE APPROVALS
CITY approval of any process or procedure shall not relieve the proposer of his/her responsibility to furnish the required items and service meeting all specifications contained herein.
2.23 PROPOSAL/SELLER REPRESENTATION
The proposer/seller represents that:
A. He/She has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant purchase order and supporting data, and that he/she has, from the information contained in such documents, specifications, and data, fully acquainted him/her with all conditions relevant to the work.
B. He/She has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work.
C. He/She will complete the work for the compensation stated above.
D. He/She assumes full and complete responsibility for all conditions relevant to the work and all risks in connection therewith.
E. In addition, thereto, the proposer/seller represents that he/she is fully qualified to do the work in accordance with the terms of any Purchase Order issued within the time specified in it.
F. Anything mentioned in the specifications and not in the Purchase Order, or mentioned in the Purchase Order and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between the specifications and the Purchase Order, the Purchase Order shall govern.
2.24 FAILURE TO PERFORM SATISFACTORY
It is agreed and understood that if the PROVIDER fails to perform the work as specified herein, CITY's representative may (1) consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors, (2) have such required work done by CITY forces or otherwise, and charge the cost thereof to the PROVIDER, or (3) recommend termination of contract between said PROVIDER and the City of Modesto. Those discrepancies and deficiencies in the work that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the work not corrected or completed.
2.25 PROVIDER'S RESPONSIBILITY FOR DAMAGES
39 If PROVIDER damages any property belonging to the CITY, the CITY may either retain from the money due to PROVIDER an amount sufficient to repair the damage or require PROVIDER to repair the damage to the satisfaction of the CITY at PROVIDER's expense.
2.26 LABOR FORCE AND SUPERVISION
PROVIDER shall provide sufficient labor at all times to carry out the project properly and shall ensure that fully experienced competent licensed workers who are skilled in the type of work required are employed. PROVIDER shall ensure that supervision is provided at all times while any work under this contract is being performed. If, in the judgment of the CITY, any person is incompetent or disorderly, PROVIDER shall promptly remove such person from the work for the duration of the contract.
2.27 PROTEST AND APPEAL PROCEDURES
Potential offerors, bidders, PROVIDERs, and sub PROVIDERs wishing to protest or appeal a procurement or contracting decision by the City of Modesto must follow the procedures provided by the section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.
DEFINITIONS
For the purposes of this procedure: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Filing Date" or "Submission Date" means the date of receipt by the City Clerk’s office of the City of Modesto.
"Interested Party" means an actual or prospective bidder or offeror, or any PROVIDER or sub PROVIDER identified by name in any bid or proposal.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Let ter”. Once the City has issued an Announced Decision, the date noted will begin the time that an Interested Party may lodge a protest .
Procurements valued at $50,000 or less normally will not have an Announced Decision.
A. PROTEST PROCEDURES
1. Any interested party may lodge a written protest to an Announced Decision with the City of Modesto's Purchasing Manager no later than ten (10) days after the Announced Decision.
2. The protest shall be delivered or sent by registered mail and postmarked by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.
3. The prote st shall be accompanied by a certified or cashier's check in the amount of $300.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS) or in such other sum as the City may establish, made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
40 4. The protest filed with the Purchasing Manager shall:
a. Include the name, address, and business telephone number of the protestor; b. Identify the project under protest by name, R equest for Bid (RFB)/Request for Proposal (RFP) number, and bid/RFP date;
c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
All protests shall either be delivered to:
City Clerk’s Office
Attn: Purchasing Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: Purchasing Manager
PO Box 642
Modesto CA 95353
B. PROTEST REVIEW (ANNOUNCED DECISION)
1. Protest to Purchasing Manager
Upon receipt of a complete and timely protest, the Purchasing Manager shall review all the submitted materials and shall create and retain a written record of the review. The Purchasing Manager shall respond at least generally to each material issue raised in the protest not later than ten (10) days after receipt of the protest. Notice of the Purchasing Manager's decision may be given by letter mailed through U.S. Postal Service.
2. Appeal to Deputy City Manager
The Purchasing Manager's decision may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10) days after the date of the Purchasing Manager’s Decision. The scope of the appeal shall be limited by the issues raised in th e initial protest to the Purchasing Manager. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any, and the written record of the protes t review by the Purchasing Manager.
A written record of the Deputy City Manager's review shall be created and maintained.
The Deputy City Manager shall give notice of his or her decision to the protestor within ten (10) days after receipt of appeal.
All protest appeals shall either be delivered to:
City Clerk’s Office
Attn: Deputy City Manager
41 1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
3. Appeal to City Council
Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than fifteen (15) business days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05.
The City Council is the highest authority of the Cit y of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing, or provide other direction to staff. In such cases, staff cannot reverse a City Council decision.
All protests shall either be delivered to:
City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
C. PROTESTS OF PROCUREMENTS EXCEEDING $250,000.00
Interested parties protesting proc urements exceeding $250,000.00 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager, a protestor may request that the protest be heard and decided at an administrative hearing.
A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. The request for hearing shall include the specific grounds of the appeal.
42 The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notifi ed of such rejection within three (3) days of notice to protestor of the name of the hearing officer.
The protest shall be heard not later than twenty (20) days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not heard in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.
The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.
The decision of the hearing officer shall be deemed as the final decision of the City, and no other appeal to City Staff or body shall be permitted.
D. PROCUREMENTS OBTAINED WITH FEDERAL FUNDS
1. If the protested procurement invo lves federal funds, e.g., from the Federal Transit Administration (FTA) of the United States, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven (7) business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. Appeals to the Federal Transit Administration (FTA) shall comply with FTA Circular 4220.1E and the amendments and supplements thereto. Additional information regarding protesting procurements obtained with Federal Funds can be found in the Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14.
2. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing before Council on the procurement at hand. In suc h cases, no internal appeal is possible since staff may in no case reverse a City Council decision. In such an event, a disappointed transit bidder or a contract involving expenditures of Federal funds shall have the right to appeal the City Council deci sion directly to the Federal Transit Administration.
2.28 PAYMENT
• Paper Payment Method:
All invoices shall be paid in full within thirty (30) days after completion and acceptance of the goods/services.
2.29 SAMPLE ANNUAL AGREEMENT
Please review the Sample Annual Agreement. This Agreement may be modified and subject to change.
43 Please review the Sample Annual Agreement. This Agreement may be modified and subject to change.
2.30 INDEMNITY
The vendor shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Vendor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. Vendor’s obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Vendor to procure and maintain a policy of insurance. In the indemnity clause contained herein Vendor agrees to defend, indemnify and hold City harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-- party suits, arising out of or relating to the operation of City owned vehicles by Vendor’s employees is apportioned to Vendor in accordance with the provisions contained in Indemnity.
44 SAMPLE AGREEMENT
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO.1920-21
OCCUPATIONAL MEDICINE SERVICES
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2020, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and (enter Provider name), hereinafter called PROVIDER, W I T N E S S E T H:
WHEREAS, the Modesto City Council adopted Resolution No____________ (Will be applied after council meeting) authorizing the award of proposal and contract for the furnishing of Occupational Medicine Services to PROVIDER, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the PROVIDER provided a responsive and responsible submittal to RFP 1920-21, Occupational Medicine Services that best meets CITY needs, and WHEREAS, PROVIDER shall provide services to CITY as defined in the “Scope-of- Work”, attached hereto as Exhibit “B” and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK.
a. PROVIDER shall furnish Occupational Medicine Services and insurance necessary to furnish Occupational Medicine Services, in strict accordance with the conditions of the complete Contract.
b. PROVIDER shall do and perform the service in a professional and businesslike manner under the direction of and to the satisfaction of the CITY. c. PROVIDER shall perform its duties under this Agreement in accordance with the standard(s) of care prevailing in its industry. d. PROVIDER shall maintain proper insurance with the CITY for the duration of the contract.
45 e. PROVIDER shall maintain a CITY business license for the duration of the contract.
f. PROVIDER shall furnish the services defined for the contracted rates as shown in Exhibit C, not to exceed $ annually:
Base Rate shall be defined as the rate of pay, which shall be paid to PROVIDER.
2. CITY CONTACT:
City Contact:
Kathy Crandall, Buyer Ph: 209-577-5420
Changes of a contractual or business nature shall be affected only by written change to the contract, issued by the City of Modesto, Purchasing Division.
3. TERM OF CONTRACT:
The term of the contract shall be for a period of two (2) years, with three (3) one-year extension options.
Year 1: January 1, 2021 through December 31, 2021
Year 2: January 1, 2022 through December 31, 2022
Year 3: January 1, 2023 through December 31, 2023
Year 4: January 1, 2024 through December 31, 2024
Year 5: January 1, 2025 through December 31, 2025
Pricing as set forth in Exhibit C shall remain firm for the first two (2) years of the contract.
Pricing shall remain firm for the first five (2) years of the contract.
Price increases for subsequent con tract years, three, four and five, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one contract year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by PROVIDER in writing, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.
4. LIABILITY INSURANCE:
The Provider shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The 46 policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
A. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
B. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent PROVIDERs and sub PROVIDERs; products and completed operations.
C. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
D. Professional Liability (Errors and Omissions) – insurance with a minimum limit of $1,000,000 per claim and policy 2,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
E. Professional Services (including architects, engineers, consultants, councilors, attorneys, accountants)
F. Waiver of Subrogation
G. Additional Insured Status-endorsement
. If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, provider shall promptly obtain a new policy, submit the same to Risk Manager of CITY for approval and submit a certificate thereof as herein above provided. Upon failure of PROVIDER to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of CITY, may be forthwith declared suspended, or terminated. Failure of PROVIDER to obtain and/or maintain any required insurance shall not relieve PROVIDER from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of PROVIDER concerning indemnification. CITY, and its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers’ Compensation, Professional Liability and Financial Institution’s Fidelity. The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by 47 PROVIDER for CITY PROVIDER’S insurance policy(ies) shall include a provision that the coverage is primary as respects CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best’s rating of A:VII or with approval of the Risk Manager of CITY. The PROVIDER must deliver certificates evidencing existence of the insurance to the City prior to the time contract is signed.
PROVIDER agrees to provide CITY with a separate endorsement evidencing proof of City’s additional insured status required herein (both general and automobile liability) as well as a separate endorsement for the Workers’ Compensation insurer’s waiver of all subrogation rights as stated above. Every endorsement shall identify the policy number.
PROVIDER shall provide CITY with separate an endorsement evidencing proof of the CITY’s additional insured status as to the general liability insurance policy. In addition, PROVIDER shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the PROVIDER’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the PROVIDER’S insurance and shall not contribute with it.
PROVIDER further agrees that the amount of insurance required may from time to time be adjusted by CITY’s Risk Manager and PROVIDER agrees to file a new insurance certificate with CITY’s City Clerk evidencing the new amounts after a thirty (30) day written notice from CITY’s Risk Manager.
5. PAYMENT:
PROVIDER shall invoice CITY weekly. All invoices shall be paid in full
within thirty (30) days after completion and acceptance of the service by the City, and receipt of
a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this
proposal document.
48 Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
PROVIDER shall establish a separate billing account number for each CITY department and/or division.
At a minimum invoices shall state the following:
• City department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total
6. INDEMNITY:
The PROVIDER shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of PROVIDER, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
PROVIDER’S obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for PROVIDER to procure and maintain a policy of insurance.
In the indemnity clause contained herein PROVIDER agrees to defend, indemnify and hold CITY harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relating to the operation of CITY owned vehicles by PROVIDER’s employees is apportioned to PROVIDER in accordance with the provisions contained in Indemnity 6.
7. ARBITRATION:
49 Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
8. GOVERNING LAW:
This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of laws provisions or principles.
9. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as shown in Section 3. Work shall not commence until the contract administrator receives and has on file:
Proofs of insurance (approved by Risk Management);
50 Executed Agreement;
a. Resolution No. ____________ attached hereto as Exhibit “A” and made a part hereof;
b. Scope-of-Work, attached hereto as Exhibit “B” and made a part hereof;
10. TERMINATION OF SERVICES:
a. The CITY reserves the right to discontinue service with the PROVIDER upon failure to meet contractual expectations and/or obligations, as recommended by the Purchasing Manager, or his designee, in conjunction with the using departments. The CITY reserves the right to review the service PROVIDER’S performance at any time with or without the knowledge or consent of the PROVIDER. Cancellation of services shall be determined by the collaborative efforts of the Purchasing Manager, or his or her designee, and using departments, after reviewing the incident(s) of failure to perform.
b. Either party may terminate the contract in its unilateral discretion for any or no reason by providing at least ninety (90) days written notice to the other of its desire to terminate.
11. COMPLIANCE WITH ALL LAWS:
PROVIDER hereby agrees that PROVIDER and its sub PROVIDERs, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
12. CONTRACT DOCUMENTS:
The complete contract between the parties hereto consists of this agreement, and all exhibits, and the following documents which are incorporated herein by this reference:
a. Resolution No. 2020-__________;
b. Scope-of-Work;
c. Insurance Certificates,
51 d. City of Modesto Standard Specifications and General Provisions.
These documents include important legal requirements, procedures and restrictions and should be reviewed by PROVIDER. They are available for review during normal business hours in the Department of Finance, Purchasing Division. All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
13. NOTICES:
Any notice, payment or instrument required or permitted by this Contract to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
PROVIDER: Contact Name (or designee)
Company Name
Company Address
City, State, zip
Company Phone #
Contact email
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
14. SIGNATOR(IES) FOR PROVIDER:
The undersigned signator(ies) for PROVIDER warrant(s) and represent(s) that he/she/they is/are legally competent to execute the contract and has/have full authority to execute this contract.
15. ASSIGNMENT:
Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance. 52 16. MISCELLANEOUS:
Time is of the essence in every provision of this contract.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. _________, adopted by the Council of the City of Modesto on the _____________-day of _____________________, 2019 and _____________________has caused this Agreement to be duly executed.
CITY OF MODESTO,
Company Name
A municipal corporation
By:__________________________ By:_________________________________ JOSEPH P. LOPEZ (Signature)
CITY Manager
By:_________________________________
(Name & Title)
ATTEST: Date:_______________________________
By:______________________ By:_________________________________ STEPHANIE LOPEZ (Signature)
CITY Clerk
53 _________________________________
(SEAL) (Name & Title)
Date:_______________________________
APPROVED AS TO FORM:
By:_________________________________
JOSE M. SANCHEZ
City Attorney
By:_____________________________
CHRISTINA D. ALGER
City Human Resources Manager, (Risk)
Signature Requirements
Corporation:
1.Signature of two (2) officers
or
2.Signature of one (1) officer plus the
corporate seal.
Partnership: Signature of one partner
Sole Proprietorship: Signature of proprietor
54 PRICING SCHEDULE
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-21
OCCUPATIONAL MEDICINE SERVICES
All time, materials, tax, tools, delivery, travel, licenses and insu rance necessary to perform the required work shall be included in bid pricing for Pricing Schedules and Optional Services.
ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, in the reasonable discretion of the City. **
Services Est. Annual
Quantity
Unit of
Issue Unit Price Extended Price
Physical Examination Protocol A 33 Each $________/Each $_____________ Physical Examination Protocol B 42 Each $________/Each $_____________ Physical Examination Protocol C 1 Each $________/Each $_____________ Physical Examination Protocol D 2 Each $________/Each $_____________ Physical Examination Protocol E 1 Each $________/Each $_____________ Physical Examination Protocol F 78 Each $________/Each $_____________ Physical Examination Protocol G 8 Each $________/Each $_____________ Physical Examination Protocol H 51 Each $________/Each $_____________ Physical Examination Protocol I 1 Each $________/Each $_____________ Physical Examination Protocol J 9 Each $________/Each $_____________ Physical Examination Protocol K 21 Each $________/Each $_____________ Physical Examination Protocol L 1 Each $________/Each $_____________ Physical Examination Protocol M 6 Each $________/Each $_____________ Physical Examination Protocol N 3 Each $________/Each $_____________ Physical Examination Protocol O 171 Each $________/Each $_____________ Physical Examination Protocol P 44 Each $________/Each $_____________ ANNUAL TOTAL $_____________
55 REQUIRED ADDITIONAL SERVICES
Optional Services
Description of Work Quantity Unit of
Issue Unit Price Extended Price
Fitness for Duty Examination
(including report) 1 Each $________/Each $_____________ DOT Exam and Certificate
(including report)
1 Each $________/Each $_____________
DOT Alcohol Screening
(including report)
1 Each $________/Each $_____________
DOT Drug Screening (including
report)
1 Each $________/Each $_____________
Cal/OSHA Respirator
Questionnaire
1 Each $________/Each $_____________
Asbestos Exposure Monitoring
1 Each $________/Each $_____________
Hazardous Waste Remediation
Examinations
1 Each $________/Each $_____________
Pesticide Exposure Monitoring
1 Each $________/Each $_____________
Cal/OSHA Aerosol Transmissible
Disease Standard Compliance
1 Each $________/Each $_____________
Consultation Services 1 Hourly $________/Each $_____________ Advisor to City (Courtroom
Testimony)
1 Hourly $________/Each $_____________
56 OPTIONAL SERVICES FOR FIREFIGHTER ANNUAL PHYSICALS
Optional Services
Est. Annual
Quantity
Unit of
Issue
Unit Price
Extended Price
Vision Exam (Titmus)
1 Each $________/Each $_____________
Skin cancer assessment
1 Each $________/Each $_____________
Behavioral Health and Sleep
Assessment Screenings
1 Each $________/Each $_____________
Personal Consultation with
review of testing results
1 Each $________/Each $_____________
Thyroid Ultrasound
1 Each $________/Each $_____________
Echocardiogram (Heart)
Ultrasound
1 Each $________/Each $_____________
Carotid Arteries Ultrasound
1 Each $________/Each $_____________
Liver, Gall Bladder, Spleen, &
Kidney & Bladder Ultrasounds
1 Each $________/Each $_____________
Ovaries and Uterus Ultrasounds
(Women)
1 Each $________/Each $_____________
Prostate and Testicular
Ultrasounds(Men)
1 Each $________/Each $_____________
Hemoccult Test with Digital
Rectal Exam
1 Each $________/Each $_____________
Urinalysis
1 Each $________/Each $_____________
Lipid Panel
1 Each $________/Each $_____________
Thyroid Panel TSH with Reflex
to T4 1 Each $________/Each $_____________
Testosterone (men) 1 Each $________/Each $_____________ CA-125 (women) 1 Each $________/Each $_____________
Muscular Strength and
Endurance Evaluation 1 Each $________/Each $_____________ Aerobic Endurance Evaluation
(V02 Max Calc) 1 Each $________/Each $_____________
Flexibility Evaluation 1 Each $________/Each $_____________ Nutrition and Diet
Recommendations 1 Each $________/Each $_____________
Personal Fitness
Recommendations 1 Each $________/Each $_____________
57 OPTIONAL SERVICES FOR FIREFIGHTER ANNUAL PHYSICALS
Optional Services
Est. Annual
Quantity
Unit of
Issue
Unit Price
Extended Price
QuantiFeron Gold TB Blood Test 1 Each $________/Each $_____________ HIV Screening Test 1 Each $________/Each $_____________ TD (Tetanus) Titer 1 Each $________/Each $_____________ TD (Tetanus) Vaccine 1 Each $________/Each $_____________ Varicella Titer 1 Each $________/Each $_____________
Varicella Vaccine 1 Each $________/Each $_____________
Meningococcal Titer 1 Each $________/Each $_____________ Meningococcal Vaccine 1 Each $________/Each $_____________ Hepatitis A Titer 1 Each $________/Each $_____________
Hepatitis A Virus Screening Test 1 Each $________/Each $_____________ Hepatitis B Virus Screening Test 1 Each $________/Each $_____________ Hepatitis C Virus Screening Test 1 Each $________/Each $_____________ MMR 1 Each $________/Each $_____________
MMR Titer 1 Each $________/Each $_____________
Polio Titer 1 Each $________/Each $_____________
Polio Vaccine Booster 1 Each $________/Each $_____________ Testosterone Blood Test 1 Each $________/Each $_____________ C Reactive Blood Test 1 Each $________/Each $_____________ Heavy Metals (Hazmat) 1 Each $________/Each $_____________ Body Weight and Composition
(Calipers) 1 Each $________/Each $_____________
Coronary Calcium Score
Baseline 1 Each $________/Each $_____________
58 EXHIBIT “A”
Physical Examination Protocol A
To be used for pre-employment or annual physicals as requested
Except as specifically defined herein, all terms shall be interpreted according to common practice and understanding.
Occupational Medical History Questionnaire
Problem-oriented written medical history and interview to verify questionnaire General Physical Examination: Vital Signs, Hands-on Physician’s Examination, Range of Motion, Dipstick Urinalysis, Sight screening
Authorization for Release of Medical Information
Job classifications covered: Administrative Office Assistant I/II/III/Senior; Business Analyst; Buyer/Assistant Buyer/Senior Buyer; Community Development Program Specialist I/II/Senior, Financial Analyst I/II/III/Senior, Housing and Urban Development Supervisor, Human Resources Analyst I/II/Senior, Infrastructure Financing Program Supervisor, Transit Analyst 59 Physical Examination Protocol B
To be used for pre-employment or annual physicals as requested
Except as specifically defined herein, all terms shall be interpreted according to common practice and understanding.
Occupational Medical History Questionnaire
Problem-oriented written medical history and interview to verify questionnaire General Physical Examination: Vital Signs, Hands-on Physician’s Examination, Range of Motion, Dipstick Urinalysis, Sight screening
Authorization for Release of Medical Information
Blood Specimen: Glucose
Job classifications covered: Account Clerk I/II; Account Technician; Administrative Analyst I/II; Assistant/Associate Land Surveyor; Associate Civil/Traffic Engineer; Background Investigator; Code Enforcement Officer NPU II; Compost Facility Supervisor; Custodian I/II; Director of Human Resources; Economic Development Marketing Specialist; Environmental Compliance Inspector Flex/I/II; Executive Assistant; Facilities Manager; Homeless Management Information Systems (HMIS) Program Coordinator/Technician; Integrated Waste Specialist; Lab Analyst Flex/I/II/III/Supervisor; Operations Manager (Fleet Services); Operations Supervisor; Parking Services Crewleader/Supervisor; Parks Planning & Development Manager; Parks Project Coordinator; Police Assistant; Police Services Worker Technical/Administrative; Purchasing Manager; Senior Civil Engineer; Senior Systems Technician; Service Worker; Software Analyst I/II/Senior; Solid Waste Enforcement Officer/Supervisor; Storeskeeper/Senior Storeskeeper; Streets Manager; Survey Party Chief; Systems Engineer I/II/Senior; Traffic Operations Engineer
60 Physical Examination Protocol C
To be used for pre-employment or annual physicals as requested
Except as specifically defined herein, all terms shall be interpreted according to common practice and understanding.
Occupational Medical History Questionnaire
Problem-oriented written medical history and interview to verify questionnaire General Physical Examination: Vital Signs, Hands-on Physician’s Examination, Range of Motion, Dipstick Urinalysis, Sight screening
Authorization for Release of Medical Information
DOT Exam and Certificate
Blood Specimen: Chemistry Profile 23 or Comprehensive Metabolic Panel Urinalysis: DOT Drug Screen
Job classifications covered: Operations Crewleader
61 Physical Examination Protocol D
To be used for pre-employment or annual physicals as requested
Except as specifically defined herein, all terms shall be interpreted according to common practice and understanding.
Occupational Medical History Questionnaire
Problem-oriented written medical history and interview to verify questionnaire General Physical Examination: Vital Signs, Hands-on Physician’s Examination, Range of Motion, Dipstick Urinalysis, Sight screening
Authorization for Release of Medical Information
OSHA Respirator Questionnaire and Clearance
Pulmonary Function Test
Blood Specimen: Glucose
Job classifications covered: Housing Rehabilitation Specialist I/II; Police Evidence & Property Technician Flex/I/II
62 Physical Examination Protocol E
To be used for pre-employment or annual physicals as requested
Except as specifically defined herein, all terms shall be interpreted according to common practice and understanding.
Occupational Medical History Questionnaire
Problem-oriented written medical history and interview to verify questionnaire General Physical Examination: Vital Signs, Hands-on Physician’s Examination, Range of Motion, Dipstick Urinalysis, Sight screening
Authorization for Release of Medical Information
PPD (TB) Skin Test
Job classifications covered: Engineering Intern
63 Physical Examination Protocol F
To be used for pre-employment or annual physicals as requested
Except as specifically defined herein, all terms shall be interpreted according to common practice and understanding.
Occupational Medical History Questionnaire
Problem-oriented written medical history and interview to verify questionnaire General Physical Examination: Vital Signs, Hands-on Physician’s Examination, Range of Motion, Dipstick Urinalysis, Sight screening
Authorization for Release of Medical Information
PPD (TB) Skin Test
Blood Specimen: Glucose
Job classifications covered: Administrative Services Technician I/II; After School Program Leader/Specialist; Events Attendant; Events Coordinator; Exhibits Coordinator; Police Cadet; Police Clerk I/II; Police Community Service Officer Flex/I/II; Recreation Coordinator; Recreation Leader III; Recreation Specialist; Systems Technician I/II
64 Physical Examination Protocol G
To be used for pre-employment or annual physicals as requested
Except as specifically defined herein, all terms shall be interpreted according to common practice and understanding.
Occupational Medical History Questionnaire
Problem-oriented written medical history and interview to verify questionnaire General Physical Examination: Vital Signs, Hands-on Physician’s Examination, Range of Motion, Dipstick Urinalysis, Sight screening
Authorization for Release of Medical Information
Audiogram with Headset
Blood Specimen: Glucose
Job classifications covered: Airport Manager; Assistant/Associate Engineer; Building Inspector; Building Maintenance Specialist/Technician; Construction Inspector; Cross Connection Specialist; Environmental Services Supervisor; Production Technician; Traffic Operations Technician; Traffic Striping Crewleader; Water Conservation Specialist
65 Physical Examination Protocol H
To be used for pre-employment or annual physicals as requested
Except as specifically defined herein, all terms shall be interpreted according to common practice and understanding.
Occupational Medical History Questionnaire
Problem-oriented written medical history and interview to verify questionnaire General Physical Examination: Vital Signs, Hands-on Physician’s Examination, Range of Motion, Dipstick Urinalysis, Sight screening
Authorization for Release of Medical Information
Audiogram with Headset
Blood Specimen: Glucose
Hepatitis B Vaccination (Optional)
Job classifications covered: Garage Attendant/Lead; Groundskeeper/Head Groundskeeper; Service and Maintenance Aide
66 Physical Examination Protocol I
To be used for pre-employment or annual physicals as requested
Except as specifically defined herein, all terms shall be interpreted according to common practice and understanding.
Occupational Medical History Questionnaire
Problem-oriented written medical history and interview to verify questionnaire General Physical Examination: Vital Signs, Hands-on Physician’s Examination, Range of Motion, Dipstick Urinalysis, Sight screening
Authorization for Release of Medical Information
Audiogram
DOT Exam and Certificate
Blood Specimen: Chemistry Profile 23 or Comprehensive Metabolic Panel Urinalysis: DOT Drug Screen
Job classifications covered: Operations Crewleader (Forestry; Electrician Crewleader; Operations Crewleader (Compost); Water Meter Technician; Welder/Fabricator
67 Physical Examination Protocol J
To be used for pre-employment or annual physicals as requested
Except as specifically defined herein, all terms shall be interpreted according to common practice and understanding.
Occupational Medical History Questionnaire
Problem-oriented written medical history and interview to verify questionnaire General Physical Examination: Vital Signs, Hands-on Physician’s Examination, Range of Motion, Dipstick Urinalysis, Sight screening
Authorization for Release of Medical Information
Audiogram with Headset
OSHA Respirator Questionnaire and Clearance
Pulmonary Function Test
Blood Specimen: Glucose
Job classifications covered: Electrical & Instrumentation Technician; Electrical Supervisor – Utilities; Instrumentation Technician; Maintenance Worker I; Plant Maintenance Supervisor; Police Identification Technician Flex/I/II
68 Physical Examination Protocol K
To be used for pre-employment or annual physicals as requested
Except as specifically defined herein, all terms shall be interpreted according to common practice and understanding.
Occupational Medical History Questionnaire
Problem-oriented written medical history and interview to verify questionnaire General Physical Examination: Vital Signs, Hands-on Physician’s Examination, Range of Motion, Dipstick Urinalysis, Sight screening
Authorization for Release of Medical Information
Audiogram with Headset
OSHA Respiratory Questionnaire and Clearance
Pulmonary Function Test
DOT Exam and Certificate
Blood Specimen: Chemistry Profile 23 or Comprehensive Metabolic Panel Urinalysis: DOT Drug Screen
Job classifications covered: Electrician Assistant I/II/III; Electrician – Traffic & Buildings; Electrician – Utilities (Wastewater); Equipment Service Technician; Heavy Equipment Mechanic/Crewleader; Maintenance Worker II; Parks Maintenance Mechanic/Crewleader; Tree Trimmer/Crewleader; Utilities Plant Operator Trainee/I/II/Senior/Supervisor; Utilities Services Worker I/II/III/Senior
69 Physical Examination Protocol L
To be used for pre-employment or annual physicals as requested
Except as specifically defined herein, all terms shall be interpreted according to common practice and understanding.
Occupational Medical History Questionnaire
Problem-oriented written medical history and interview to verify questionnaire General Physical Examination: Vital Signs, Hands-on Physician’s Examination, Range of Motion, Dipstick Urinalysis, Sight screening
Authorization for Release of Medical Information
Audiogram with Headset
PPD (TB) Skin Test
Blood Specimen: Glucose
Job classifications covered: Emergency Medical Services Coordinator; Fire Prevention Inspector; Police Range and Training Center Coordinator
70 Physical Examination Protocol M
To be used for pre-employment or annual physicals as requested
Except as specifically defined herein, all terms shall be interpreted according to common practice and understanding.
Occupational Medical History Questionnaire
Problem-oriented written medical history and interview to verify questionnaire General Physical Examination: Vital Signs, Hands-on Physician’s Examination, Range of Motion, Dipstick Urinalysis, Sight screening
Authorization for Release of Medical Information
Audiogram with Headset
PPD (TB) Skin Test
OSHA Respirator Questionnaire and Clearance
Pulmonary Function Test
Blood Specimen: Glucose
Hepatitis B Vaccination (Optional)
Job classifications covered: Class Specialty Instructor; Police Animal Control Officer II/Supervisor; Pool Site Coordinator; Recreation Instructor; Lifeguard I/II; Engineering Assistant I/II
71 Physical Examination Protocol N
To be used for pre-employment or annual physicals as requested
Except as specifically defined herein, all terms shall be interpreted according to common practice and understanding.
Occupational Medical History Questionnaire
Problem-oriented written medical history and interview to verify questionnaire General Physical Examination: Vital Signs, Hands-on Physician’s Examination, Range of Motion, Dipstick Urinalysis, Sight screening
Authorization for Release of Medical Information
Audiogram with Headset
PPD (TB) Skin Test
OSHA Respirator Questionnaire and Clearance
Pulmonary Function Test
DOT Exam and Certificate
Blood Specimen: Chemistry Profile 23 or Comprehensive Metabolic Panel Urinalysis: DOT Drug Screen
Hepatitis B Vaccination (Optional)
Job classifications covered: Airport Maintenance Worker; Equipment Mechanic; Equipment Operator/Senior; Plant Mechanic Trainee/I/II/Senior
72 Physical Examination Protocol O
To be used for pre-employment or annual physicals as requested
Except as specifically defined herein, all terms shall be interpreted according to common practice and understanding.
Occupational Medical History Questionnaire
Problem-oriented written medical history and interview to verify questionnaire NFPA-1582 Compliant General Physical Examination: Vital Signs, Hands-on Physician’s Examination, Range of Motion, Dipstick Urinalysis, Sight screening
Authorization for Release of Medical Information
Audiogram with Headset
PPD (TB) Skin Test
Chest X-Ray (PA & LAT)
OSHA Respiratory Questionnaire and Clearance
Pulmonary Function Test
Treadmill Stress Test (Bruce Protocol – 12 METS; 85% Max Predicted Heart Rate) Blood Specimen: CBC; SMA 25; T4; HDL; LDL; VLDL; HDEL/Total Cholesterol Ratio Urinalysis: Gross and Microscopic
Job classifications covered: Firefighter/Trainee; Fire Engineer; Fire Captain/Special Assignment; Fire Battalion Chief; Fire Division Chief; Fire Chief
73 Physical Examination Protocol P
To be used for pre-employment or annual physicals as requested
Except as specifically defined herein, all terms shall be interpreted according to common practice and understanding.
Occupational Medical History Questionnaire
Problem-oriented written medical history and interview to verify questionnaire General Physical Examination: Vital Signs, Hands-on Physician’s Examination, Range of Motion, Dipstick Urinalysis, Sight screening
Authorization for Release of Medical Information
Audiogram with Headset
PPD (TB) Skin Test
Chest X-Ray (PA)
OSHA Respiratory Questionnaire and Clearance
Pulmonary Function Test
Treadmill Stress Test (Bruce Protocol – 12 METS; 85% Max Predicted Heart Rate) Blood Specimen: CBC; SMA 25; T4; HDL; LDL; VLDL; HDEL/Total Cholesterol Ratio Urinalysis: Gross and Microscopic
Hepatitis B Titer Screening
Hepatitis B Vaccine (Optional)
Job classifications covered: Police Officer Flex/Recruit/Trainee; Police Detective; Police Sergeant; Police Lieutenant; Police Captain; Assistant Chief of Police; Chief of Police; Police Reserve Level I/II/; Police Reserve Sergeant/Lieutenant
DocuSign Envelope ID: 2E06E907-9176-4005-90F6-44DD654A737A
AGREEMENT T RANSMITTAL SHEE T
Subject of Agreement: Life sca n wellness cent e rs Agreement No . 203256 Vendor Name: Li fe s can, LTD . Division :
Contact Person: Ke 11 y Ri ce -or ti z Extension : 75400 - -------------
Attorney Reviewer Name: Jose Sanchez
- ----------- - - --
[xi PINS Appro val
Iii Counci l Agenda Report
Q Signed or Unsigned Resolution
D Council Meeting Minutes (Only if unsigned
Resolution is provided)
0 Business License
D 700 Form (for Consultants)
0 W-9
[i] The attached agreement is the final agreement approved by Council on May 25, 2021 and pulled from Unity for routing via DocuS ign.
DocuSign Envelope ID: 2E06E907-9176-4005-90F6-4400654A737A
AGREEMENT
This Agreement, made and entered into in the City of Modesto, State of California, this 25th day of May 2021, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Life Extension Clinics, Inc DBA Life Scan Wellness Center hereinafter called PROVIDER , W 1 T N ES S ETH:
WHEREAS, the Modesto City Council adopted Resolution No. 2021-_1_8_4 __ authorizing the award of proposal and contract for the furnishing of Occupational Medicine Services to Life Scan Wellness Center, attached hereto as Exhibit "A" and made a part hereof, and
WHEREAS, the PROVIDER provided a responsive and responsible submittal to RFP 1920-21 for Occupational Medicine Services that best meets CITY needs, and WHEREAS, the PROVIDER shall provide services to CITY as defined in the "RFP RESPONSE: City of Modesto California, SPECIFICATION NUMBER 1920-21 Occupational Medicine Services", attached hereto as Exhibit "B" and made a part hereof, and WHEREAS, the CITY and PROVlDER shall enter into an agreement for the furnishing of Occupational Medicine Services, as described in RFP 1920-21, attached hereto as Exhibit "C" and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF WORK.
a. PROVIDER shall furnish As Needed Occupational Medicine Services and insurance necessary to furnish Occupational Medicine Services, in strict accordance with the conditions of the complete Contract.
DocuSign Envelope ID: 2E06E907-9176-4005-90F6-44DD654A 737 A b. PROVIDER shall do and perform the work in a professional and businesslike manner under the direction of and to the satisfaction of the CJTY. c. PROVIDER shall perform its duties under this Agreement in accordance with the standard(s) of care prevailing in its industry. d. PROVIDER shall maintain proper insurance with the CITY for the duration of the contract.
e. PROVIDER shall maintain a CITY business license for the duration of the contract.
f. PROVIDER shall furnish the service defined for the following contracted rates, not to exceed $145,000 annua lly:
2 DocuSign Envelope ID: 2E06E907-9176-4005-90F6-44OD654A737A
PRICING SCHEDULE
OCCUPATIONAL MEDICINE SERVICES
All time, materials, tax, tools, delivery, travel , licenses and insurance necessary to perform the required work shall be included in bid pricing for Pricing Schedules and Optional Services.
ESTIMATED ANNUAL QTY x UNIT PRICE= EXTENDED PRICE
Services Est. Annual Unit of Unit Price Extended Price Quantity Issue Physical Examination Protocol 0 17 l Each $748.00/Each
Physical Examination Protocol P 44 Each $784.00/Each
REQUIRED ADDITIONAL SERV ICES
OPTIONAL SERVICES FOR FIREFIGHTER ANNUAL PHYSICALS
$127,908.00
$34,496.00
Optional Services Est. Annual Unit of Unit Price Extended Price Ouantitv Issue
Vision Exam (Titmus) 1 Each Included/Each Included/Each Skin cancer assessment 1 Each Included/Each Included/Each Behavioral Health and Sleep
Assessment Screenings I Each Included/Each Included/Each Personal Consultation with
review of testing results 1 Each Included/Each Included/Each Thyroid Ultrasound 1 Each Included/Each Included/Each
Echocardiogram (Heart)
Ultrasound I Each Included/Each Included/Each
Carotid Arteries Ultrasound ] Each Included/Each Included/Each 3 DocuSign Envelope ID: 2E06E907-9176-4005-90F6-44DD654A737A
REQUIRED ADDITIONAL SERVICES
Liver, Gall Bladder, Spleen, &
Kidney & Bladder Ultrasounds 1 Each Included/Each Included/Each Ovaries and Uterus Ultrasounds
(Women) 1 Each Included/Each Included/Each
Prostate and Testicular
Ultrasounds(Men) l Each Included/Each Included/Each
Hemoccult Test with Digital
Recta l Exam 1 Each Included/Each Included/Each
Urinalysis I Each Included/Each Included/Each
Lipid Panel I Each Included/Each Included/Each
Thyroid Panel TSH with Reflex
to T4 1 Each Included/Each Included/Each
Testosterone (men) 1 Each Included/Each Included/Each
CA-125 (women) I Each Included/Each Included/Each
Muscular Strength and
Endurance Evaluation 1 Each Included/Each Included/Each Aerobic Endurance Evaluation
(V02 Max Cale) I Each Included/Each Included/Each
Flexibility Evaluation 1 Each Included/Each Included/Each Nutrition and Diet
Recommendation s 1 Each Included/Each Included/Each
Personal Fitness
Recommendations l Each Included/Each Included/Each
*Price see attached Clarification for Protocols O & P
4 DocuSign Envelope ID: 2E06E9 07-9176-4005-90F6-44DD654A73 7A
OPTIONAL SERVICES FOR FIREFIGHTER ANNUAL PHYSICALS
Optional Services Est. Annual Unit of Unit Price Extended Price Quantity Issue
QuantiFeron Gold TB Blood Test 1 Each $67.00/Each S67.00 HIV Screening Test 1 Each $27.00/Each $27.00
TD (Tetanus) Titer 1 Each $30.00/Each $30.00
TD (Tetanus) Vaccine I Each $80.00/Each $80.00
Varicclla Titer I Each $20.00/Each $20.00
Varicella Vaccine I Each $120.00/Each $120.00
Meningococcal Titer I Each $30.00 $30.00
Meningococcal Vaccine 1 Each $150.00Each $150.00
Hepatitis A Titer I Each $36.00/Each $36.00
Hepatitis A Virus Screening Test 1 Each $56.00Each $56.00 Hepatitis B Virus Screening Test 1 Each $56.00/Each $56.00 Hepatitis C Virus Screening Test I Each $56.00/Each $56.00 MMR 1 Each $80.00/Each $80.00
MMR Titer I Each $30.00/Each $30.00
Polio Titer I Each $30.00/Each S30.00
Polio Vaccine Booster 1 Each $60.00/Each $60.00
Testosterone Blood Test l Each $20.00/Each $20.00
C Reactive Blood Test I Each $40.00/Each $40 .. 00
Heavy Metals (Hazmat) 1 Each $76.00/Each $76.00
Body Weight and Composition
(Calipers) l Each $76.00/Each $76.00
Price to be Price to be
Coronary Calcium Score determined by detennined by
Baseline I Each local providers local providers
5 DocuSign Envelope ID: 2E06E907-91764005-90F6-44DD654A737 A
2. CITY CONT ACT:
Kathy Crandall , Buyer Ph: (209) 577-5420
Purchasing Department Ph: (209) 577-5405
Changes of a contractual or business nature shall be effected only by written form, issued by the City of Modesto, Purchasing Di vision.
3. TERM OF CONTRACT:
The term of the contract shall be for a period of two (2) years , with three (3) one year extension options.
Year I :
Year 2:
Year 3:
Year 4:
Year 5:
July I, 2021 through June 30, 2022
July I, 2022 through June 30, 2023
July 1, 2023 through June 30, 2024
July I, 2024 through June 30, 2025
July I, 2025 through June 30, 2026
This Agreement may be renewed for three (3) additional one-year terms by mutual , written agreement of the parties. Such renewal shall be in the written form. 1n no such case shall the renewal extend beyond June 30, 2026.
Price will remain firm for the first two (2) years of the contract. Price increase s for subsequent contract years three (3) through five (5) shall not exceed the Consumer Price Index (CPI) in any one contract year and shall be negotiated through the Purchasing Division.
Request for price increases shall be submitted by PROVIDER in writing, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.
4. LIABILITY INSURANCE:
PROVIDER shall provide at its own expense and maintain at all time s the following insurance with insurance companie s licensed in the State of California and shall 6 DocuSign Envelope 10: 2E06E907-9176-4005-90F6-4400654A737A provide evidence of such insurance to CITY as may be required by the Risk Manager. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of CITY by registered mail, return receipt requested , for all of the following stated insurance policies.
(a) Workers' Compensation - In compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000
(b) General Liability insuranc e with a minimum limit of liabilit y per occurrence of $1,000,000 and $2,000,000 aggregate for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent Contractors and subcontractors; products and completed operations as applicable.
( c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage.
This insurance shall cover any automobile for bodily injury and property damage.
(d) Waiver of Subrogation - Form required
7 DocuSign Envelope ID: 2E06E907-9176-4005-90F6-44OO654A737A (e) Additional insured Status-endorsement - The City of Modesto, its officers, officials, employees, agents and volunteers are to be covered as additional funds.
If at any time any of said policies shall be unsatisfactory to CITY, as to fonn or substance, or if a company issuing such policy shall be unsatisfactory to CITY, PROVIDER shall promptly obtain a new policy, submit the same to Risk Manager of CITY for approval and submit a certificate thereof as herein above provided. Upon failure of PROVIDER to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of CITY, may be forthwith declared suspended, or terminated. Failure of PROVIDER to obtain and/or maintain any required insurance shall not relieve PROVIDER from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of PROVIDER concerning indemnification. CITY, and its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance polices required herein, except Workers' Compensation, Professional Liability and Financial Institution 's Fidelity.
The Workers' Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by PROVIDER for CITY. PROVIDER'S insurance policy(ies) shall include a provision that the coverage is primary as respects CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager of CITY. The PROVIDER must deliver certificates evidencing existence of the insurance to the City prior to the time contract is signed.
8 DocuSign Envelope ID: 2E06E907 -9176-4005-90F6-44DD654A737A PROVIDE R agrees to provide CITY with a separate endorsement evidencing proof of City's additional insured status required herein (both general and automobile liability) as well as a separate endorsement for the Workers' Compensation insurer's waiver of all subrogation rights as stated above. Every endorsemen t shall identify the policy number .
PROVIDER shall provide CITY with separate an endorsement evidencing proof of the CITY's additional insured status as to the general liability insurance policy. In addition , PROVIDER shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number .
For any claims related to this project, the PROVIDER'S insurance coverage shall be primary insurance as respects the Entity, its agents, officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its agents, officers, officials, employees, or volunteers shall be excess of the PROVIDER'S insurance and shall not contribute with it.
PROVIDER further agrees that the amount of insurance required may from time to time be adjusted by CITY's Risk Manager and PROVIDE R agrees to file a new insurance certificate with CITY's Risk Manager
evidencing the new amounts after a thirty (30) day written notice from CITY's Risk Manager.
5. PAYMENT:
PROVIDER shall invoice CITY on a monthly basis.
All invoices shall be paid in full within thirty (30) days after completion and acceptance of the service by the City, and receipt of a properly prepared invoice in duplicate, subject to cash 9 DocuSign Envelope ID: 2E06E907-91764005-90F6-44DO654A737A discounts allowed and stated in this proposal document. The City is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
[email protected]
PROVIDER shall establish a separate billing account number for each CITY department and/or division.
At a minimum invoices shall state the following:
• Reference Annual Agreement#: _2_0_32_5_6 ______ _
• City department/division name and address
• Billing period
• Unit price, extended price, sales tax and total
6. INDEMNITY:
The PROVIDER shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses , liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of PROVIDER, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
PROVIDER'S obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for PROVIDER to procure and maintain a policy of insurance.
OocuSign Envelope ID: 2E06E907-9176-4005-90F6-44OD654A737A In the indemnity clause contained herein PROVIDER agrees to defend, indemnify and hold CITY harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk ofloss, including but not limited to damages, property losses and defense of third party suits, arising out of or relating to the operation of CITY owned vehicles by PROVIDER'S employees is apportioned to PROVIDER in accordance with the provisions contained in Indemn ity 6.
7. ARBITRATION:
Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceabil ity), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to comp lete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney's fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitab le relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration . The arbitration shall be held in Modesto, California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable 1 I
DocuSign Envelope ID: 2E06E907-9176-4005-90F6-44OO654A737A law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
8. GOVERNING LAW:
This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of laws provisions or principles.
9. COMMENCEMENT AND COMPLET ION OF THE WORK:
The work contemplated herein shall be commenced as soon as possible after the contract administrator receives and has on file:
a. Resolution No. 2021-184
part hereof-
attached hereto as Exhibit "A " and made a
b. RFP RESPONSE: City of Modesto California, SPECIFICATION NUMBER 1920-21 Occupa tional Medicine Services, attached hereto as Exhibit "B" and made a part hereof;
c. RFP 1920-2 1, attached hereto as Exhibit "C" and made a part hereof; d. Proof of Insurance (Approved by Risk Management)
e. Business License
10. TERMINATION OF SERVICES:
Ter min ation by City for Defau lt of PROVIDER
Should PROVIDER default in the performance of this Agreement or materially breach any of its provisions , at its option, City may terminate this Agreement by giving written notification to PROVIDER. The tennination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not 12 DocuSign Envelope ID: 2E06E907-9176-4005-90F6-44DD654A737A be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft.
Termination by City for Convenience
The City may also terminate the PROVIDER'S perfonnanceunderthe Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticab le to proceed , or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten ( 10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a writte n notice of termi nation pursuant to either of the foregoing paragraphs, the PROVIDER shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, sub-contractors and agent s are notified of such termination and act as specified in the notice of termi nation ;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right , title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, 13 DocuSign Envelope ID: 2E06E907-9176-4005-90F6-44DD654A737A or pay any or all claims arising out of the termination of such subContractors, but in no event shall recovery by any PROVIDER or subcontractor include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the PROVIDER in performing the Work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such pait of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, PROVIDER shall provide sufficient oral or written status reports to make City reasonably aware of the status of PROVIDER'S work on the project.
1. The PROVIDER understands and agrees that City may, in City's sole discretion, refuse to pay PROVIDER for that portion of PROVIDER'S services which were performed by PROVIDER on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date. 14 DocuSign Envelope ID: 2E06E907-9176-4005-90F6-44DD654A737A City will pay PROVIDER an amount based on the percentage of satisfactory work completed in accordance with the notice of ten11ination. The final payment to the PROVIDER after tennination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontractor agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the PROVIDER as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the PROVIDER.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the PROVIDER to appeal the City Manager, or his/her designee's, decision to the City Council. The PROVIDER shall appeal by notifying the City Clerk in writing within ten (I 0) calendar days ofreceipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of tennination selected by the City Manager, or his/her designee.
11. COM PLIANCE WITH ALL LAWS:
PROVIDER hereby agrees that PROVIDER and its subcontractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will 15 DocuSign Envelope ID: 2E06E907-9176-4005-90F6-440D654A737A comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
12. CONTRACT DOCUMENTS:
The complete contract between the parties hereto consists of this agreement, and all exhibits, and the following documents which are incorporated herein by this reference:
a. Business License
b. Insurance Certificates
These documents include important legal requirements, procedures and restrictions and should be reviewed by PROVIDER. They arc available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
13. NOTICES:
Any notice, payment or instrument required or permitted by this Contract to be given or delivered to either party shall be deemed to have been received when personally delivered , or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
14. SIGN A TO ROES) FOR PROVIDER:
PROVIDER
CITY:
Life Extension Clinics, Inc DIBIA Life Scan
W cllncss Centers
Patricia Johnson
1011 North MacDill Ave, Tampa FL 33607
(813)-876-0625
Patricia [email protected]
City of Modesto
16 DocuSign Envelope ID: 2E06E907-9176-4005-90F6-44DD654A737A Purchasing Division
P.O. Box 642
Modesto, CA 95353
The undersigned signator(ies) for PROVIDER warrant(s) and represent(s) that he/she/they is/are legally competent to execute the contract and has/have full authority to execute this contract.
15. ASSIGNMENT:
Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance .
16. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifica lly stated in writing.
17. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement
18. MISCELLANEOUS:
Time is of the essence in every provision of this contract.
19. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and arc deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and commu nications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of 17 DocuSign Envelope ID: 2E06E907-9176-4005-90F6-44DO654A737A or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2021 - 184 , adopted by the Council of the City of Modesto on the 25th day of May , 2021 and Life scan we 11 ness centM caused this Agreement to be duly executed.
18 DocuSign Envelope ID: 2E06E907-9176-4005-90F6-4400654A737A
CITY OF MODESTO,
a municipal corporation
DocuSlgned by:
B .1¢SlfkP-L$6
ATTEST:
(Seal)
Pff!P.ELOPEZ, City Manager
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ocuSlgned by:
B $~t- lMt6 6/16/2021
BF'ff'A:Nffi· LOPEZ, City Clerk
APPROVED AS TO FORM:
DocuSlgned by:
B $~
~;~CHEZ , City Attorney
APPROVED AS TO FORM:
G
DocuSlgne d by:
B Jl.t,s $ Wii&
~E~~mftlf'H II, Risk Manager
CONSULTANT,
Life scan wellness
DoeuSlgned by:
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1AE07F068CCD455 ...
ByPatricia Johnson
Name
Name
CEO
Title
Title
.59-3530228 Consultant's Federal ID #
* Corporations - signature of two (2) officers
required or one (I) officer plus corporate seal.
Partnership - signature of a partner required Sole
Proprietorship - signature of proprietor
required
1 ADDITIONAL TERMS AND CONDITIONS
COOPERATIVE PURCHASE AGREEMENT
The City of Sacramento ("City") and Life Extensions Clinics DBA Life Scan Wellness Center . ("Contractor"), hereby agree to these Additional Terms and Conditions ("Additional Terms"), effective the date these Additional Terms are fully executed.
WHEREAS, Contractor entered into Contract No. 203256 for Occupational Medicine Services with the City of Modesto ('Modesto"), dated May 25, 2021 ("Cooperative Contract"), in which Contractor ag reed to provide services for occupational medicine to governmental agencies that have entered into a Cooperative Purchasing Agreement with the City of Modesto's Department of Procurement ("Participating Public Agencies"); and
WHEREAS, the City wishes to p urchase services for occupation medicine in regards to physical exam and health screenings, pursuant to the terms of the Cooperative Contract and these Additional Terms.
WHEREAS, the City and Contractor agree on the scope of service and associated costs in the attached quote dated April 26, 2022
NOW THEREFORE, Contractor and the City agree as follows:
1. The City agrees to purchase services for occupation medicine regarding physical exam and health screenings, pursuant to the terms of the Cooperative Contract. The City shall have all the same rights and obligations as Modesto under the Cooperative Contract, except that the parties agree to the additional, federally required contractual provisions set forth in Exhibit A to these Additional Terms.
2. Contractor agrees that the services shall be provided according to the attached quote dated April 26, 2022.
3. Contractor agrees that the services shall be rendered to the City no later than August 23, 2023.
4. Contractor warrants and represents that the person or persons executing this Agreement on behalf of Contractor has or have been duly authorized by Contractor to sign this contract supplement and bind Contractor to the terms hereof.
5. Except as specifically modified herein, all terms and conditions of the Coope rative Contract shall remain in full force and effect, and Contractor shall perform all the services, duties, obligations, and conditions required under the Agreement, as supplemented, and modified by these Additional Terms.
2 EXHIBIT A
ADDITIONAL FEDERAL TERMS
1. DEBARMENT CERTIFICATION
A. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating i n Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds:
(1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency;
(2) Has not within a three -year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, m aking false statements, receiving stolen property, or other criminal felony;
(3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or
(4) Has not, within a three -year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default.
(5) Has not been notified, within a three-year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpa yer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations.
B. CONTRACTOR further warrants and certifies that it shall not knowingly enter any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City.
C. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining Contractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action.
D. City will revie w the Federal Government’s System for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason of changed circumstances. If it is later determined that the Contractor’s warranties and certification in this Section were erroneous, the City may terminate this Agreement for default.
2. NON-DISCRIMINATION
The City prohibits discrimination by its employees, contractors and consultants. During the performance of this contract, the Contractor agrees:
A. To comply with all Federal nondiscrimination laws and equal opportunity laws and regulations, as may be amended
3 from time to time;
B. Not to participate directly or indirectly in the discrimination prohibited by any Federal law or regulation, including but not limited to:
(1) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d et seq., DHS’s implementing regulations at 6 C.F.R. Part 21 and 44 C.F.R. Part 7, and any applicable implementing federal directives that may be issued, including Limited English Proficiency requirements. Title VI and its regulations provide that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation or be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance;
(2) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through Publ.
L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provisions of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. §§3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F. R. Part 100.;
(3) The Older Americans Act, as amended (42 U.S.C. 6101), Section 324 of title 23 U.S.C., prohibiting discrimination based on gender, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) (which prohibits discrimination on the basis of age in any program of activity receiving federal financial assistance), and Treasury’s implementing regulations at 31 C.F.R. Part 23; and
(4) The Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101, et seq.), (which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities), as well as all applicable regulations and guidelines issued pursuant to the ADA, including but not limited to those found within the Code of Federal Regulations, title 49, parts 27, 37, and 38.
(5) Title IX of the Education Amendments of 1972, Pub. L. No. 92-318, (codified as amended at 20 U.S.C. section 1681, et seq.), and its implementing regulations at 6 C.F.R. Part 17 and 44 C.F.R. Part 19, which provide that no person in the U.S. will, on the basis of sex, be excluded from participati on in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance;
C. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the City or the applicable federal agency;
D. That, in the event Contractor fails to comply with any nondiscrimination provisions in this contract, the City and the applicable federal agency will have the right to impose such contract sanctions as they determine are appropriate, including but not limited to withholding payments to the contractor until the contractor complies, and/or cancelling, terminating, or suspending this contract, in whole or in part; and
E. To insert this clause, including paragraphs (a) through (e), in every subcontract and in every solicitation for a subcontract.
G. Any failure by Contractor to comply with these provisions shall constitute a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City may deem appropriate.
3. ALLOWABLE COSTS
Contractor agrees that any costs for which payment has been made to Contractor that are determined by subsequent audit to be unallowable under the applicable provisions of 2 CFR, Part 200, are subject to repayment by Contractor to the City.
Disallowed costs must be reimbursed to the City within sixty (60) days unless the City approves in writing an alternative repayment plan.
4. DRUG-FREE CERTIFICATION
By signing this Agreement, Contractor hereby certifies under penalty of perjury under the laws of the State of California that Contractor will comply with the requirements of 31 C.F.R. Part 20 (Governmentwide Requirements for Drug -Free Workplace) and the Drug-Free Workplace Act of 1990 (Government Code § 8350, et seq.) and will provide a drug-free workplace by taking the following actions:
A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of
4 a controlled substance is prohibited, and specifying actions to be taken against employees for violations.
B. Establish a Drug-Free Awareness Program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The person’s or the organization’s policy of maintaining a drug-free workplace; (3) Any available counseling, rehabilitation, and employee assistance programs; and (4) Penalties that may be imposed upon employees for drug abuse violations.
C. Every employee of Contractor who works under this Agreement shall:
(1) Receive a copy of Contractor’s Drug-Free Workplace Policy Statement; and (2) Agree to abide by the terms of Contractor’s Statement as a condition of employment on this Agreement.
5. ENVIRONMENTAL COMPLIANCE
Contractor agrees to comply with the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), Executive Order 11738, all Environmental Protection Agency (“EPA”) Regulations (40 CFR) and all applicable standards, orders or regulations issued pursuant thereto. Contractor agrees to report any violation of these statutes and regulations to the City and understands and agrees that the City will, in turn, report each violation, as required, to assure notification to the appropriate federal agency and EPA Regional Office.
6. COMPLIANCE WITH FEDERAL ENVIRONMENTAL AND HISTORIC PRESERVATION LAWS Contractor agrees that any activities that may require EHP review will be subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. This review does not address all Federal, state, and local requirements.
Acceptance of Federal funding requires recipient to comply with all Federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopa rdize Federal funding. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and Executive Or ders. To access the FEMA's Environmental and Historic Preservation (EHP) screening form and instructions go to the DH S/FEMA website at: https://www.fema.gov/medialibrary/assets/documents/90195. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the passthrough entity, if applicable, and DHS/FEMA.
7. COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT
Contractor agrees to comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-153, codified as amended at 42 U.S.C. Section 6201 et seq., which contains policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with the Act.
8. COMPLIANCE WITH FALSE CLAIMS ACT
Contractor agrees to comply with the requirements of the False Claims Act, 31 U.S.C. Sections 3729 et seq., which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. Sections 3801 -3812, which detail the administrative remedies for false claims and statements made.)
9. COMPLIANCE WITH PREFERENCE FOR U.S. FLAG AIR CARRIERS Contractor agrees to comply with the Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. section 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. Section 40118, and the interpretative guidance issued by the Comptroller General of the U.S. in the March 31, 1981 amendment to Comptroller General Decision B-138942.
10. HOTEL AND MOTEL FIRE SAFETY ACT OF 1990
5 Contractor agrees to comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990 (15 U.S.C. Section 2225a), ensuring that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 19 74 (codified as amended at 15 U.S.C. Section 2225).
11. NON-LOBBYING
A. Contractor agrees to comply with 31 U.S.C. Section 1352, which provides that none of the funds provided shall be expended to pay for any person to influence, or attempt to influence, an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continu ation, renewal, amendment, or modification.
B. By signing this Agreement, Contractor certifies, to the best of his or her knowledge or belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State or Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) None of the funds paid under this contract will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communicat ions urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
B. This certification is a material representation of fact upon which reliance was placed when this Agreement was executed. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
C. Contractor also agrees by signing this Agreement that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such subcontractors shall certif y and disclose accordingly.
D. Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrati ve Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
12. REHABILITATION ACT OF 1973
Contractor agrees to comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93 -112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
13. TRAFFICKING VICTIMS’ PROTECTION ACT
Contractor agrees to comply with the requirements of the government-wide financial assistance award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104.
6 The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference.
14. USA PATRIOT ACT
Contractor agrees to comply with the requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub. L. No. 107-56, which amends 18 U.S.C. §§ 175–175c.
15. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT In the event that Contractor or any subcontractor is contracting for work requiring or involving the employment of laborers or mechanics, the following terms shall apply:
A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
C. Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
D. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
16. PROTECTIONS FOR WHISTLEBLOWERS. Pursuant to 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against any employee in reprisal for disclosing an information the employee reasonably believes is evidence of gross mismanagement of this contract, a gross waste of federal funds, an abuse of authority related to this contract, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to this contract.
17. INCREASING SEAT BELT USE IN THE UNITED STATES. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.
18. REDUCING TEXT MESSAGING WHILE DRIVING. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is encouraged to adopt and enforce policies that ban text messaging while driving and should establish workplace safety policies to decrease accidents caused by distracted drivers.
7 LIFE SCAN PUBLIC SAFETY PHYSICAL EXAM 2022- 2023
PRICE QUOTE:
City of Sacramento Fire Department
Sacramento, CA
Deputy Chief Chad Augustin
DATE: 4/26/2022 Number of Firefighter 711
Public Safety Annual Physical
Medical & Occupational/Environmental Questionnaire Included Comprehensive Hands-On Physical Exam Included
Vital Signs: Height, Weight, Blood Pressure, Pulse Included Sleep Disorder Evaluation, Epworth Sleep Scale Included Back Health Evaluation Included
Urinalysis Included
Audiogram Included
Titmus Occupational Vision with Peripheral, Depth Perception, and Color Included Breast Exam with Self-Exam education Included
Personal Consultation with review of testing results Included Laboratory Tests:
Comprehensive Metabolic Panel, Blood Chemistry Included Complete Blood Count, Hematology Panel Included
Hemoccult Stool Test for Colon Cancer Screening Included Total Lipid Panel Included
Thyroid Test TSH Included
Glucose Included
Hemoglobin A1C Included
PSA (Prostate cancer marker, Men) Included
Testosterone (Men) Included
Ultrasound Screenings (Early Detection of Heart Disease and Cancer):
Echocardiogram (Heart Ultrasound) Included
Carotid Arteries Ultrasound Included
Aorta and Aortic Valve Ultrasounds Included
Liver Ultrasound Included
Gall Bladder Ultrasound Included
Kidneys Ultrasound Included
Spleen Ultrasound Included
Bladder Ultrasound Included
Thyroid Ultrasound Included
Prostate Ultrasound Included
Testicular Ultrasound Included
Ovaries and Uterus Ultrasounds Included
Cardiopulmonary Testing
Cardiac Stress Test (Treadmill with 12 lead, sub-maximal, Bruce Protocol) Included EKG, 12 Lead Included
Spirometry, PFT Lung Capacity Included
OSHA Respirator Medical Clearance Included
Fitness Evaluations per NFPA 1583~IAFF/IAFC Wellness Fitness Initiative:
Fitness tests for muscular strength & endurance Included Sit and Reach, Planking, Grip Strength, Included
8 Sit Up Test, Wall Sit, Flexibility Included
VO2 Max Calc for Aerobic Capacity Included
Body Weight and Composition Included
Personal Fitness Rx Included
Personal Wellness Plan with recommendations Included
LIFE SCAN PUBLIC SAFETY PHYSICAL EXAM 2023 TOTAL COST $700.00
OTHER Tests Available:
Line-Item COST
Chest X-Ray, 2 view with radiologist review $84.00
Lumbar X-Ray, 2 view with radiologist review $84.00
Hazmat Cholinestrese $84.00
Hazmat Heavy Metals $84.00
Hepatitis A Screening Test $60.00
Hepatitis A Titer $40.00
Hepatitis B Screening Test $66.00
Hepatitis B Titer $40.00
Hepatitis C Screening Test $60.00
HIV Test, Gen 4 $31.00
PPD TB Skin Test $31.00
QuantiFeron TB Blood Test $74.00
Tdap (Tetanus, Diphtheria, Pertussis) Titer $34.00
Tdap (Tetanus, Diphtheria, Pertussis) Vaccine, single dose $90.00 MMR Booster $90.00
MMR Titer $90.00
Varicella Vaccine $26.00
Varicella Titer $134.00
Polio Booster $34.00
Polio Titer $66.00
OSHA Respirator Mask Fit Testing (Portacount) $46.00
Drug Screen, I CUP $53.00
Drug Rescreen with confirmation $60.00
Medical Review Officer (MRO) as indicated/secondary review $122.00 Phlebotomist (Blood Draw) Fee $24.00
Pricing effective through 2023 subject to annual medical index increase.
45 Minimum Appointments
9 Approval Recommended By: Approved As To Form By:
Project Manager City Attorney
Approved By: Attest:
___________________________________________________
Approved By:
Patricia Johnson, CEO
Life Scan Wellness Centers
City Clerk
_________________________________________________
Leyne Milstein, Acting Fire Chief
City of Sacramento
Approved By:
______________________________________________________________________ Leyne Milstein, Assistant City Manager
City of Sacramento