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HomeMy WebLinkAboutContract 34891 (2)�IiY SECRETARY � I � � CONiRACT �Q a u`rt� AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into between THE CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas ("City"), acting by and through Joe Paniagua, its duly authorized Assistant City Manager, and HARRIS METHODIST FORT WORTH HOSPITAL dba HARRIS OCCUPATIONAL HEALTH CLIIVIC ("Contractor"), acting by and through Barclay Berdan, President Harris Methodist Fort Worth, its duly authorized representative. RECITALS WHEREAS, Contractor provides professional and comprehensive occupational health and fitness services; and WHEREAS, City is in need of an experienced and qualified professional to provide annual physical fitness/evaluations for the career employees and new recruits of the Fort Worth Police Department (FWPD); and WHEREAS, City and Contractor desire to enter into a contract to have such services provided which benefit City. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT 1. Services. a. Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all seivices described in Exhibit "A" which is attached hereto and incorporated herein by reference for all purposes incident to this Agreement (the "Services"), and �uc i�Gl V1l:GS �iiaii �e periormeu in accordance witn ine metnocis anci in the manner therein prescribed. , -r__ .-- _. a .-.,2�� ` � '�� r 7.f ;; � �;�rr� _ . , u��� � �i'.� ji.,� (�.0 , rl;C., �"�r�5/ . ��;-�. . _�� , _,�:u� u � - �, ,�" { � , , ,;�.� � ; „ b. Contractor sha11 perform the Services in accordance with standards in the industry for the same or similar services. Contractor shall perform the Services in accordance with all applicable Contractor policies, rules and regulations, and all federal and state laws and regulations. 2. Term. a. Seivices shall be provided by Contractor for a one year term beginning January 1, 2007 and ending on December 31, 2007 (the "Term"). b. In addition to the initial one-year Term of this Agreement, there shall be an option to renew for four one-year renewal terms, unless earlier terminated or herein provided. Renewal shall occur upon City including in its budget for the renewal term sufficient funds for its obligations hereunder and Contractor providing proof of continued certifications and insurance. 3. Fee. City agrees to pay Contractor the fee as listed in the fee structure at E�ibit A. The total fee for the first year of this agreement shall not exceed $55,000.00 ("Fee"). The Fee shall be compensation for all Seivices rendered. Payment shall be made monthly and shall be based upon the number of employees and/or recruits evaluated during the previous inonth as reflected by an invoice from Contractor to City. No payment shall be due for any Services until completion by Contractor of all documentation necessary for the City to process payments. Payment from City to Contractor shall be made on an invoice basis following receipt by City from Contractor of a signed invoice. The invoice shall be submitted to City, addressed to Gerald L. Chandler, 350 West Belknap, Fort Worth, Texas, 76102, no later than the 15th day following the end of the month. 4. Termination. Either party may terminate this Agreement at any time and for any reason by providing the other pai-ty with thirty days written notice of termination. In the event this Agreement is terminated prior to expiration of the Term, City shall pay Contractor only for Service actually rendered as of the effective date of termination. 5. Inu��er�ueiii i oiiii°aciai°. LUii`lI'dGtdT 5Ra11 Op2TaT0 'l1eTeUriC1eT 1S 111 lrideperidellt COritP2CtOT and not as an officer, agent, seivant, or employee of City Contractor shall �,��si,v� , `1�! �,. � r. � ,,j'�.!1 �:� r �� .. ��,� i^'l�?,y '��r';`;i���'1if?1! v � �V T.. �. ,^� �1�,'�3� �'��i( 2� !:r� �� 1 G. .� . i'•;. � li ,_ �, .,J.Y - � 0 control of and the exclusive right to control the details of the Services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, subcontr•actars and program participants. The doctrine of respondeat superior shall not apply as between the City and Contractor, its officers, agents, servants, employees, subcontractors, or program participants, and nothing herein shall be construed as creating a partnership or joint enteiprise between City and Contractor. It is expressly understood and agreed that no officer, agent, employee, or subcontractor of Contractor is in the paid service of City. 6. Insurance. During the term of this Agreement, Contractor shall procure and maintain at all times, in full force and effect, a policy or policies of insurance that provide the specific coverage set forth in this Section 6 as well as any and all other public risks related to Contractor's perfortnance of its obligations under this Agreement. Contractor shall specifcally obtain the following types of insurance at the following limits: • Commercial General and Automobile Liabilitv: The policy shall include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have $1,000,000.00 each accident on a combined single limit basis, property damage of $250,000.00 and bodily injui•y per person, per occurrence of $500,000. Commercial General Liability Insurance $100,000.00 each occurrence and $2,000,000.00 aggregate limit, • Professional Liability/Medical Malpractice): The policy shall be a minimum of $1,000,000.00 per each medical incident and $3,000,000.00 annual aggregate; and • Worker's Compensation/Employer's Liability: �voricer's compensation coverage with benefits outlined in the Texas Workers' Compensation Act (Article 8308-01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000.00 each accident/occurrence, $500,000.00 bodily injury disease policy limit and $100,000.00 per disease per employee. • Errors & Omissions (Professional Liability): If coverage is written on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state that the coverage is claims-made and include the retroactive date. The insurance shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence coverage. Coverage shall be in the following amounts: (1) $1,000,000 per occui-�ence or claim (2) $3,000,000 aggregate Contractor shall promptly provide the Ciiy with certificates of insurance that verify Contractor's compliance with the insurance requirements of this Agreement, This Section 6 shall survive the expiration or termination of this A�reement. 7. Assi�nment. Contractor shall not assign or subcontract all or any part of its rights, privileges or duties under this Agreement without the prior written consent of City, and any attempted assignment of subcontract of same without such prior written approval shall be void and constitute a breach of this Agreement. However, Contractor shall have the power and right to assign its interest in the Agreement to any successor-in-interest of Contractor or to any subsidiary, parent coiporation, and sponsor, wholly owned or controlled affiliate of Contractor. 8. AmendmentlModification of A�reement for Continued Com lip ance. In the event that any provision of this Agreement becomes impermissible or unlawful, or otherwise has or may have an adverse impact upon the tax-exempt status of Contractor or any tax-exempt bond or covenant of Contractor or any Contractor affiliate (or any Obligated Group of which Contractor is a member), the status of Contractor as a provider under the Medicare or Medicai� pragra�s, ; _�� � � _.� � ��.� ,;=:.� ;'- � _ "'`.: � V ''� �°'. �� v1 l �'�4�•!F r�1 � � �%�` � ,U• C ��,( �V, .:',��:��1� �12�,.a or accreditation of a Contractor affiliate by the JCAHO or other accrediting body, as a result of: (a) any law, (b) any rules, ruling or regulation enacted or promulgated by any federal, state or other governmental administrative body, (c) any court or governmental administrative agency decision, (d) any bond covenant, or (e) any standard of JCAHO or other accrediting body which has been implemented or changed, subsequent to the execution of this Agreement, then based upon the advice of legal or tax counsel to Contractor, if Contractor determines that such provision, as well as any other provisions of this Agreement, must be modified for this Agreement to i•emain in compliance with any such law, rule, regulation, decision or standard, Contractor shall give notice of such fact to City. In such event, the parties shall have a period of thirty (30) days following the giving of such notice to renegotiate the affected provision(s) in a manner which preserves the original purposes and intent of this Agreement. If an agreement cannot be reached within such thirty (30) day period, either party may terminate this Agreement upon providing thirty (30) days prior written notice to the other party. 9. Attornevs' Fees and Costs. If either party brings an action to enforce its rights under this Agreement, each party is responsible for its own costs and attorneys' fees. 10. Medicare Access to Records. To the extent required by Section 1395x(v)(1)(I) of Title 42 of the United States Code, until the expiration of four years after the termination of this Agreement, City shall, upon written request, make available to the Secretary of the United States Departrnent of Health and Human Services, or to the Comptroller General of the United States General Accounting Office, or to any of their duly authorized representatives, a copy of this Agreement and such books, documents, and records as are necessary to certify the nature and extent of the costs of the services Contractor provided under this Agreement. 11. Compliance with Law. Contractor, its officers, agents, employees and subcontractors, shall abide by and comply with all laws, federal, state and local, including a�l ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Contractor any such violation on the part of Contractor or any of its officers, agents, employees 1...,.,..+«,.,,+,..... +1.,,.... /-+,.Y.+..,..,a�_ t_�i • �.-'--�-- �--'-` r - i , vi JUUVV11L10.V1V1J� ���v�i �.,vii�ia�wi Siiaii iiiu33cuia�Cty uC5151, 1iUiii dI1Q COTI'eCi SUCri V10'lailOri. 12. Non-Discrimination. Contractor, in the execution, performance or attempted performance of this contract and Agreement, will not discriminate against any person or persons because of disability, age, familial status, sex, race, religion, color or national origin, nor will Contractor permit its officers, agents, employees, or subcontractors to engage in such discrirnination. This Agreement is made and entered into with reference specifically to Chapter 17, Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Contractor hereby covenants and agrees that Contractor, its agents, employees and subcontractors have fully complied with all provisions of same and that no employee or employee-applicant has been discriminated against by either Contractor, its agents, employees or subcontractors. 13. Ri�ht to Audit. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent boolcs, documents, papers and records of the Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. Contractor further agrees to include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. This Section 13 shall s� itz�.�— e,� _ _ ,•? � , �:.`1 �,o ,�=• =<�,n; , f��J�v .-1 i_y�v`J:iJ -, S�,I�,,��/t� ,��'�a �i , j�� � �� ��; t: � L—: �1. � 'f J ..�'f-„ ��, I :J, �� � er..,J'�r; 'JEp Ii��G',:� 14. Fiscal Fundin�. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 15. Entire A�reement. This written instrument constitutes the entire agreement by the parties hereto concerning the worlc and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement, which purports to vary from the tei�ns hereof shall be void. 16, Venue and Jurisdiction. Should any action, whether real or asserted, at law or in equity, arise out of the execution, perfortnance, attempted performance of this Agreement, venue for said action shall lie in Tarrant County, Texas. 17. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other pai-ty shown below: 1. CITY: Joe Paniagua, Assistant City Manager City Manager's Office Ciiy of Fort Worth 1000 Throcicmorton Street Fort Worth, TX 76102 Copies To: Gerald Chandler, Contract Compliance Fort Worth Police Department 350 W. Belknap Fort Worth, TX 76102 Leann Guzman, Assistant City Attorney Law Department 1000 Throcicmorton Street Fort Worth, TX 76102 2. CONTRACTOR: Harris Methodist Fort Worth dba�-Iarris Occupational Health Clinic 1512 Pennsylvania Avenue Fort Worth, Texas 76104 Copy to: Legal Department Texas Health Resources 611 Ryan Plaza Drive, Suite 900 Arlington, Texas 76011 Attn: General Counsel 18. Non-Waiver. The failure of City or Contractor to insist upon the perfoi�rnance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or District's right to assert or rely upon any such term or right on any future occasion. 19. Disclosure of Conflicts. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's seivices and proposed seivices with respect to the Project. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing. The City acknowledges that Contractor may use products, materials or methodologies proprietary to Contractor. The City agrees that Contractor's provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials or methodologies unless the parties have executed a separate written agreement with respect thereto. Notwithstanding the foregoing, Contractor understands and agrees that the City is subject to various public information laws and regulations, including, but not limited to, the Texas Open Records Act. Contractor, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to any third party without the prior written approval of the City. ':-��t� <<-��'- �,.'�r :; � 'r 1::> > �;, � , � i;;,� :: � ':� � u -�' , 5 ��',}� � s���;� ���`�! �c � s'u a�..c� u.� �S = n � j�? \ I�I �';.� c��' �`I l.ti 1� �S �� � �7 v "✓ J'. d � 1.._��.,:.�--��'..y.-n.,� �- 20. Severabilitv. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 21. Force Majeure. The City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 22. Headin�s not Controllin� Headings and titles used in this Agreement are for reference puiposes only and shall not be deemed a part of this Agieement. [SIGNATURES APPEAR ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, to be effective as of January 1, 2007. ATTEST: t� � �' ` <� City Secretary APPROVED AS TO FORM AND LEGALITY: / -, r�,� �!� s � Leann Guzman Assistant City Attorney Date: a �� ATTEST: M&C Ref. No. P-10491 CITY OF FO `T ��RTH;'9 i ;% By: , Joe Pa ' a, Assistant C��v Man��er HARRIS METHODIST FORT WORTH dba HARRIS OCCUPATIONAL HEALTH CLINIC � - � By: � - Barclay Berdan, President, �. �•• ".�;.:� �''S�'�^�J°�O', �:; ��r J l� ..` 'r:;�����; 'a;.� �;��, ,,,,-c,,,�, ;r�;� �,`;? v J u V' <:� �'��'.''s �;'=: �t.': � ��j '''�`:'i1:�',!,' �� �7� 9 U� • 9 STATE OF TEXAS COiJNTY OF TARRANT 0 `� BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Barclay Berdan, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the Harris Methodist Fort Worth Hospital and that he executed the same as the act of said Harris Methodist Fort Worth Hospital for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN iJNDER MY HAND AND SEAL OF OFFICE this �/O day of ��C ��CC�G A.D. 2�99�: o� Oi�% ._.. . _ � . __.. . . , � s►+eiu F �uc�R • t�ny comm�sbn Ex�es Notar Public in and for May 30, 2008 y �'�ha.� the State of Texas STATE OF TEXAS COUNTY OF TARRANT 0 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Joe Paniagua, knovm to me to be the person whose name is subscribed to the foregoing instrument and acicnowledged to me that the same was the act of the City of Fort Worth for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN LTNDER MY HAND AND SEAL OF OFFICE this �_day of� ,�-�c.-, ����� A.D. 200 .'l � � .. FSPpYPUe�� MARIA S. SANCHEZ * � NOTARY PUBLIC STATE OF TEXAS sr,, ��+� My Comm, Exp.12-14-2009 F OF ;1 . � � ��-Lr.� - i�� 2- 2� ivoi y rubiic in and tor the State of Texas EXHIBIT A DESCRIPTION OF SERVICES: Harris Occupational Health will provide comprehensive annual healih evaluations and recommendations for the Client in an effort to foster optimurn health and fitness and maximize productivity. Features of the Harris Occupational Health program include: • Comprehensive Medical Care • Cost Effective Services • Continuity of Medical Services • Flexibility in Providing On-Site Screening Services • Affiliation with a Reputable Leve12 Trauma Center Medical Assessment and Phvsical Examination Client employees will complete a medical history questionnaire prior to examination which will be reviewed by the practitioner performing the physical examination. A qualified practitioner, who is licensed to practice in the State of Texas, will perform a basic physical examination. Additional testing will be at the discretion of the practitioner performing the examination and with the approval of Client. Police Officer Physicals may include, if requested by Client, the age bracicet testing as follows: Men, over age 50: Women, age 35-49 Women, over age 50: Base/ine Examinations Flexible Sigmoidoscopy and Occult Blood Testing Mammogram, Pelvic Exam and Pap Smear Mammogram, Pelvic Exam and Pap Smear, and Flexible Sigmoidoscopy and Occult Blood Testing Baseline pre-employment physical examinations `vill be provided at the discretion of Client and will include all required fitness testing and a NIDA 5 urine drug screen. Medical Review Officer ("MRO") services are available to review non-negative drug screens and follows Department of Transportation ("DOT") guidelines (Federal Register proposed iules 49 CFR Part 40). CFWPD employee records reviewed by the MRO will be maintained by Harris Occupational Health in the permanent record book. -,;, . �� � � r i' J'�' 1���� .: ��., U a::� ;a;� G:,'� p rr.. i''�i��'' �1��•U'��I.'�i�;�l�y% �; J U � c; i � u w, �1,� . ��'',;:Y� � �, � n,U 7? �� o .�.i d; 6 Tl 3 U ��: u�� PulmonarV Function Testin_q Examinees will have a Pulmonary Function Test (PFT) according to National Institute for Occupational Safety and Health ("NIOSH") protocols. Staff performing the PFT's are NIOSH certified and test results will be itrterpreted by a licensed practitioner. Bodv Fat Analvsis Biometric measurements, including, waist and hip measurements with percent body fat analysis, will be provided to each examinee. Fitness Testin_q The fitness evaluation will be performed in the Cardiac Rehabilitation Department of Harris Methodist Fort Worth in association with the stress testing examinations. Employees who compleie the testing with a"Su�perior" or `Bxcellent " rating will receive a T-Shirt designed by Harris Methodist Fort Worth and approved by the Client. ECHO Stress Testinp ECHO Stress Testing will be available as prescribed by the examining practitioner with the approval of Client. Flexible Siqmoidoscopy/Colonoscopv Colorectal examinations shall be performed by a licensed practitioner on the medical staff of Harris Methodist Fort Worth. All appointments will be coordinated through the Harris Occupational Healih, io facilitate continuity with the needs of Client employees. B/ood Borne Pathopen Exposures Harris Occupational Health has expertise in evaluating and treating employees who sustain exposures to blood borne pathogens, and has the support of the Harris Methodist Fort Worth Emergency Department after regular business hours. The Occupational rieaiin iviedicai i�irector is aiso a tsoarci Certitied Emergency iVledicine Yractitioner, and is trained in Emergency Management. Harris Methodist Fort Worth is fully prepared to handle any blood borne pathogen or hazardous materials exposures or disasters. The Emergency Department is equipped with a Hazmat Decontamination room that provides personnel who are trained and prepared to assist with Disaster Planning Protocols. Laboratorv Services Only laborataries who render services in accordance with applicable federal, state and local laws, rules and regulations, generally accepted clinical laboratory practice, and professionally recognized standards re�ated to the furnishing of laboratory services, including the applicable standards of the College of American Pathologists (CAP) and Substance Abuse and Mental Health Services Administration (SAMHSA) will be utilized for the testing of Client biological specimens. The medical directors of the laboratories are certified pathologists who are available for consultation if needed. Both directors meet the applicable standards for accreditation by the College of American Pathologists. During the term of this contract Harris Occupational Health will provide the Client with any information related to any change in the accreditation status of any service associated with this agreement, within one (1) business day. Additional Tests Radiology tests will be performed by qualified radiology technicians and films read by licensed radiologists who are on the medical staff of Harris Methodist Fort Worth Hospital. TB screening tests and vaccinations are available as requested by Client and protocols are followed according to the recommendations of the Centers for Disease Control ("CDC"). COMPENSATION: The charges for the Services described above are as follows: Basic Physical Examination (All Police Cadets) A. Individualized Health Risk Appraisal .................................... $10.00 B. Medical History Questionnaire ..................................................... $0 C. Hands on Physician Examination .......................................... $40.00 D. Body Composition ................................................................. $25.00 E. Blood Analysis Comprehensive Metabolic panel ............................................ $18.00 Cardiac Lipid Profile .............................................................. $20.00 Complete Blood Count with Diff ........................................... $18.00 F. Urinalysis with microscopic . ..................... $ ............................ 10.00 G. Urine Dip .................................................................................. $5.00 H. Skin Exam . :.............................:.............................................. $60.00 I. Immunizations and Infectious Disease Screening Tuberculosis Screen (PPD) with Reading .............................. $12.00 Hepatitis C Screen Baseline ................................................... $25.00 HIVScreen ............................................................................. $25.00 J. Titmus Vision Tests . .............................................................. $20.00 K. Hearing (Audio Screening) ................................................... $20.00 L. Pulmonaiy (Spirogram-PFT) ................................................ $30.00 M. EKU Resting ......................................................................... $40.00 - N. Annual Fitness Evaluation (Sub Max) ................................... $50.00 O. Panel 9 Urine Drug Screen ..................... $35.00 ................................ NOTE: Fof� all positive drug screen results, see SpeciaZized Screening Fee Total Physical Costs Per Cadet ..................................................... $463.00 ; - _ ,"` � , ��: � � �� � �:, �r i :,> 1, .� ;:� �,�'��.1'u �,,57,. ;a� �,n n � � ����,� „ , ii'��% �} i� I I- V J L� � �� S i;: ��� N: C�=� V: II '� I� . "'�'`'`,�'U ;t��'� � ���'�:iJ: 'Il� J,�G�1e Additional Optional Tests and/or vaccinations are available at the request of the CFWPD as follows but not limited to: A. TesticularExam .....................a......a.............,......o...............,....$42.00 1V11VIR Vaccination .................................................................. $60.00 MMIZTiter ..............................................................:......e......:.$50.00 B. Titmus Vision Tests ................................................................ $20.00 C. Clinical Beast Exam . ..............................................................$60.00 D. Maximal Cardiopulmonaiy Test with EKG .....................$80.00 (full Bruce with physician charge only) E. Chest X-ray-PA & Lateral/Initial . ..........................................$40.00 R�peat Chest X-ray (every 3 years optional) ................:.......�,$4Q.00 Repeat Chest X-ray (every 5 years mandatory) ......................$40.00 F. Pushup/curl Up/Flexibility Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..$25.00 Specialized Screening Flexible Sigmoidoscopy .......................................................$275.00 Colonoscopy ....................................................................... $1100.00 Medical Review Officer Review of Positive Drug Test ........ $50.00 Economic Price Adjustments — Annual economic price adjustment requests, upon agreement renewal, will be reviewed at the time of agreement renewal. Additional Optzonal Tests and/or vaccinations are available at the request of the CFWPD Annual Individual Costs iiuivluuui iviui�. �.�iv nii RGVV111111G11UGU 1GJLj .........................�V1V Individual Male 50+ All Recommended tests with Flexible Sigmoidoscopy and Occult Blood Testing ................................ $925 Individual Female < 35......,� ......................................................$528 Individual Female 35-49 w/ Mammogram, Pelvic & Pap Smear ....$803 Individual Female 50+ All Recommended Tests with Flexible Sigmoidoscopy and Occult Blood Testing ...........................$1138 Harris Occupational Health understands that the total fee for the first year of this Agreement shall not exceed $55,000.00 ("Fee"). The Fee shall be compensation for all Services rendered. Payment shall be made monthly and shall be based upon the number of employees andlor recruits evaluated during the previous month as reflected by an invoice from Harris Occupational Health to Client. No payment shall be due for any Services until completion by Harris Occupational Health of all documentation necessary for the Client to process payments. Payment from Client to Harris Occupational Health shall be made on an invoice basis following receipt by Client from Harris Occupational Health of a signed invoice. The invoice shall be submitted to Client, addressed to Gerald L: Chandler, 350 West Belknap,. Fort Worth, Texas, 76102, no later than the 15th day - following the end of the month. Hai�ris Occupational Health shall bill Client with an invoice providing a specific breakdown of the Services rendered. Client shall pay such invoice within thirty (30) days of receipt. Interest will accrue at a rate of 1.5% per month, from the invoice date, for any amount outstanding after thirty (30) days. Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/28/2006 DATE: Tuesday, November 28, 2006 LOG NAME: 13P06-0147 REFERENCE NO.: **P-10491 SUBJECT: Authorize a Professional Services Agreement with Harris Occupational Health for Annual Physical Fitness and Medical Testing for the Police Department RECOMMENDATION: It is recommended that the City Council: 1. Authorize a professional services agreement with Harris Occupational Health for physical fitness and medical testing for the Police Department based upon the best evaluated qualification received, with payments due 30 days after receipt of an invoice; and 2. Authorize this professional services agreement to begin on November 28, 2006 and expire November 27, 2007, with options to renew for four additional one-year periods. DISCUSSION: The Police Department will use this professional services agreement to assess the fitness and health of City of Fort Worth police officers and new recruits. The Request for Qualifications (RFQ) consisted of specifications describing the testing to be perFormed, estimated annual quantities, and qualification evaluated factors. A committee consisting of representatives of the Police Department objectively evaluated the qualifications according to the factors listed in the RFQ. The Police Department certifies that the best-evaluated vendor is being recommended for an award. No guarantee was made that a specific amount of services would be purchased. During the fiscal year 2005-2006 the Police Department spent approximately $21,000.00 for these services. However, the Police Department anticipates spending $55,000.00 this fiscal year due to the number of new positions approved and the anticipation of having 120 recruits entering the Police Training Academy in the next 12 months. The Police Department has included sufficient resources in its budget to acquire these services when needed. BID ADVERTISEMENT - This RFQ was advertised in the Commercial Recorder on June 7 and 14, 2006. 11 vendors were solicited from the purchasing system database and Demandstar.com. Two vendors submitted qualifications. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of services is from sources where subcontracting or supplier opportunities are negligible. RENEWAL OPTIONS - This agreement may be renewed for up to four successive one- �T� �;rra� �at-�j�� �;,, City's option. This action does not require specific City Council approval provided that the Ci��i ��gurlcil has �-" appropriated sufficient funds to satisfy the City's obligations during the renewal term. ;! i! ;� ' �� �Ir �' , Iu� ..J 6':�'� „ http://www.cfwnet.org/council�acket/Reports/mc�rint.asp � �2/13/2007 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. BQN\06-0147\PJW TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Karen Montgomery (6222) Richard Zavala (Acting) (8313) Jack Dale (Acting) (8384) http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/13/2007