HomeMy WebLinkAboutPublic Safety Medical Services/CFD P li Safety Medical Services b a_`f g oc,'0. u2-
ab c Sa ety
Fire Department 2010
Appropriation #43- 407.01; P.O. #24104
Contract Not To Exceed $80,000.00
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
APPfOYIO AS TO FORM BY
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES "Agreement is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety "City and
Public Safety Medical Services, an entity duly authorized to do business in the State of Indiana "Vendor
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and /or services (the "Goods and Services from Vendor using City
budget appropriation number 43- 407.01 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Eighty Thousand Dollars ($80,000.00) (the "Estimate Vendor shall submit
an invoice to City no more than once every thirty (30) days detailing the Goods and Services
provided to City within such time period. City shall pay Vendor for such Goods and Services within
sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to
the extent such Goods and Services are not disputed, are in accordance with the specifications set
forth in Exhibit A, are submitted on an invoice that contains the information contained on attached
Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this
Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and /or quotations regarding same as were provided to Vendor by City
and /or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and
that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from
defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods
and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's
stated use and are fit and sufficient for their particular purpose.
[Z: \sharoJ\ProfSvcs Goods SvsAFirc Dept \2010\PUBLIC SAFETY MEDICAL SERVICES Goods Solos, doc:7 /R /20y1 12:10 PM]
i. Public Safety Medical Services
Fire Department 2010
Appropriation #43- 407.01; P.O. #24104
Contract Not To Exceed $80,000.00
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same "Effective
Date and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of
the essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and /or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and /or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and /or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
12 hared\ProfSvc, Gods Svcs\Fire Dept 2010\ PUBLIC SAFETY MEDICAL SERVICES G00,1, Saw.. doL:7(N(202 12:10 PM]
Public Safety Medical Services
Fire Department 2010
Appropriation #43- 407.01; P.O. #24104
Contract Not To Exceed $80,000.00
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and /or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and /or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and /or Vietnam era veteran
status.
12. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
13. NON- ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
14. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
15. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
[Z:\h,ral\Pro] Svcs S Goode Svc\Firc Dept t2010\PUBLIC SAFETY MEDICAL SERVICES Good 8 Suvicn.doc:7 /8/2(1 112:1(1 PM]
Pdb lic Safety Medical Services
Fire Department 2010
Appropriation #43- 407.01; P.O. #24104
Contract Not To Exceed $80,000.00
16. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
17. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
One Civic Square
Carmel, Indiana 46032
ATTN: Keith Smith
AND
Douglas C. Haney, City Attorney,
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Public Safety Medical Services
324 East New York Street, Ste.300
Indianapolis, Indiana 46204
Telephone: 317- 972 -1180
E -Mail:
ATTENTION:
Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
18. TERMINATION:
18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and /or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
[Z: \sharuPProf Svc, Good Svc.\Flee D p1\2010NUBLIC SAFETY MEDICAL SERVICES Good. Servicu8.doe 7 /8/2111 1 12 :1 U PM]
Public Safety Medical Services
Fire Department 2010
Appropriation #43- 407.01; P.O. #24104
Contract Not To Exceed $80,000.00
18.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
20. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
21. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2010, and
shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year,
unless otherwise agreed by the parties hereto.
22. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
23. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
24. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
25. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
[Z: \shoal\ProfSv, R Goods Svcs\Fir]] Dq,t\2010\PUBLIC SAFETY MEDICAL SERVICES Goods Smits,. dot, :7 /8 /204!! 12:10 PM]
Public Safety Medical. Services
Fire Department 2010
Appropriation #43-407.01; P.O. #24104
Contract Not To Exceed $80,000.00
26. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail,
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA PUBLIC SAFETY MEDICAL SERVICES
by and through its Board of Public
Works and Safety
By: By:
mes Brainard, Presidin• icy[ Au iz ignat e
Date:
tJ
Are 7
rn# Printed Name
M. Ann rke, Member
Date: 13
Title
�1/v i (ts��n
Lori S. Watson, Member FIDITIN: 3$ X79797
Date: 9/y/Jo
SSN if Sole Proprietor:
ATTEST:
Date:
1
D na Cordray, IAMC, Clerk -Try. ur
Date:
17,0a1,,,r,�Tmr,Svra R r L S”,<Werc Dgn11010\PUBL1C SATTTY MP.Ti1CAL SERVTCES Cxwds R 5 w+af 11 :10 01.01
�s0 -.A0 324 E. New York Street, Ste 300
.0
J y. Indianapolis, IN 46204
a r, 2010 Service Agreement 317.972.1180 Phone
317.972.1190 FAX
ES ®Occ. Health
Delivery Location: PSM Fishers Office
The following when signed by Public Safety Medical (PSM) at 324 E. New York Street, Suite 300, Indianapolis, IN
46204 and Carmel Fire Department, 2 Civic Square, Carmel, IN 46032 will constitute our agreement for delivery
of the services described below under the following terms and conditions.
Scope of Services
PSM agrees to provide the following services:
-1
v
SERVICE DESCRIPTION
Code Contract o m 0 N
3
Rate 3 3 v
Exec 1 (CMP, CBC, Lipid, Veni.): 3500 X
CMP 3522 $19.52 X
CBC 3083 $17.68 X
Lipid Panel (total chol., HDL, LDL, 3523 $20.74 X
ratio)
Venipuncture 3000 $3.06 X
Quantiferon (TB Blood test) 3545 $51 X
Blood and HB SAb Quant. Titer 3119 $35.70 X
Lab Work (Hepatitis B Titer) (as needed)
Bladder Cancer Screening 6033 $45.90 X
RBC Cholinesterase- 1'shot 3117 $45.90 X X
RBC Cholinesterase -2n shot 3117 $45.90 X X
baseline
Hep 6 (3 =shot series) 6161` $71.40 X
.(as`needed) >63'. (each)
Injection Fee t .fi :6170' $10.20 X
Wellness;Med. Testing :12412
Vital Signs -ht, wt, BMI, BP, resp., 6000 Included X
pulse
Vision Titmus 6050 $26.52 X
Medical PFT w /interpretation 6110 $33.66 X
Testing Audiometry 6090 $14.28 X
ECG w /interp 6120 $20.40 X
Urinalysis- dipstick 6020 $3.06 X
Chest X -ray (PA/LAT) 4000 $61.20 X
(every 4 yrs)
Respirator /Medical review =3 '6304, $16.32 X
Pti sicaI- (O
>:Ex Comprehen physical. 12500, $99.96 X
Health Risk Assessment
otivation 7000 Included X
(M)`
Treadmill PFE 2080 $156 X
Muscular Strength and 2040 $26.52 X
Endurance
Flexibility 2030 $10.20 X
Fitness Waist -hip ratio 2018 $3.06 X
Services BIA- bioelectrical impedance 2019 $14.28 X
Low -Back Orthopedic Evaluation 2602 $81.60 X
Functional Movement Screen 2606 $71.40 X
Exercise Prescription 2154 $35.70 X
Exercise Training 2620 $1020 X
(6; 2 -hour sessions)
Base Investment EXHIBIT $770.86
Per Person
F: marketing /Goldmine templates 1 of 4 1 Y
b Web Based OnMed 8135 Included X
Services
Admin Fees No Show Fee 8080 $40 X
Optional, HIV 1 and 2
Voluntary, off all) 3125 $13.26 X
P SA prostate blood,test 'x
Gender- ,31.15 $35.70 X
a es 40+
Based ,f 9
Testing Rectal /hernoccult 6130 Included X
(men ages40
Billing
Bills are generated weekly. Net 15 days. Invoices will be sent to: Carmel Fire Department, 2 Civic Square
Carmel, IN 46032
Policy on Additional Testing
In the event that PSM finds it necessary to perform additional testing at Carmel Fire Department expense and
at the request of the medical director, the Carmel Fire Department representative will be notified in advance.
Policy on Repeat Testing
In the event that PSM finds it necessary to retest a patient due to a positive test result or the recommendation of
the PSM medical director, the cost incurred will be billed to Carmel Fire Department if the retest was not based
upon an error on the original test. The Carmel Fire Department representative will be notified in advance. If the
retest is due to an error by PSM or a contracted laboratory or other representative, PSM will absorb any additional
retest costs. No recommended actions will be made to Carmel Fire Department until PSM has received accurate
retest information.
Policy on Reporting Results
PSM will provide a medical /respirator clearance letter for every patient seen within 7 days of service. The letter will
state whether or not the employee is medically cleared for duty. No specific medical test results for any patient
are provided to any representative without the written consent of the patient unless required by law (i.e.
OSHA1. If during the medical evaluation, findings are such that the patient cannot be medically cleared for duty,
the patient will be counseled as to the medical concerns and the need to limit duty assignment. The designated
Carmel Fire Department representative will be notified, in general terms, of the need for duty restriction and any
safety- sensitive responsibilities. It will also be recommended that the patient be re- evaluated by PSM, after
appropriate medical treatment, to provide final clearance of return to full duty after a release is first made by the
patient's treating physician. PSM will assist the employee with providing related medical information and their job
requirements to the treating physician to assist in their care.
Dates and Location of Services
Blood Draws- Dates: August 3-4 -5, 2010 Location: Station xx Time: 7:OOAM
Blood Draws- Dates: August 3-4 -5, 2010 Location: Station xx Time: 7:OOAM
Blood Draws- Dates: August 9- 10 -11, 2010 Location: Station xx Time: 7:OOAM
Blood Draws- Dates: August 9- 10 -11, 2010 Location: Station xx Time: 7:OOAM
Examinations- Dates: August- September 2010 Location: PSM Fishers Office
Low -Back Orthopedic Evals- Dates: January- February 2011 Location: Station xx
Functional Movement Screens- Dates: January February 2011 Location: Station xx
Exercise Training Sessions- Dates: March 2011 Location: Carmel Fire Department
Departmental Information
Contact person: Name: David Haboush Title: Assistant Chief Phone: 317 571 -2675
E -mail: dhaboush @carmel.in.gov
Address: 2 Civic Square, Carmel, IN 46032
Number of personnel: Total: 160 Sworn: 160 Hazmat: 25
F marketing /Goldmine templates 2 of 4
Price Increases
Price increases for the following year will be made known by June of the current year.
Records and Accounts
PSM shall maintain accurate records and accounts of all transactions relating to the Services performed by it
pursuant to this Agreement.
Exam Arrival Time
To optimize the service provided to Carmel Fire Department personnel, we request that you send your personnel
15 minutes prior to their appointment time.
When Running Late
If your personnel are running late for their appointment(s), please call your client manager whose name and
number is listed on the signature page. This will ensure that appropriate arrangements may be made at PSM to
accommodate your personnel or potential rescheduling.
Cancellations and No Shows
Cancellations should be made at least 3 days (1 shift for fire departments) prior to the scheduled appointment.
This enables PSM with enough notice to offer the appointments to another department and properly prepare. Any
scheduled appointment that results in a No Show, or if the cancellation is less than a 3 -day notice, will
result in a No Show penalty fee of $40 per person. The Carmel Fire Department representative will be
contacted prior to any fees being assessed.
Liability and Indemnification
PSM shall have no liability whatsoever to Carmel Fire Department for any error, act or omission in connection with
the services to be rendered by PSM to Carmel Fire Department hereunder unless any such error, act or omission
derives from willful misconduct or gross negligence.
Insurance
PSM maintains insurance to protect it and Carmel Fire Department from the claims set forth below which may
arise out of or result from PSM operations under this Agreement, whether such operations be by PSM or by its
subcontractors or by anyone directly or indirectly employed by any of them, or by anyone directly for whose acts
any of them may be liable:
1. Claims under Workers' Compensation and Occupational Disease Acts, and any other
employee benefits acts applicable to the performance of the work;
2. Claims for damages because of bodily injury and personal injury, including death, and;
3. Claims for damages to property
PSM insurance shall be not less than the acceptable industry standards for the performance of medical and
occupational health related services.
Confidentiality
PSM agrees to hold in strict confidence, and to use reasonable efforts to cause its employees and representatives
to hold in strict confidence, all confidential information concerning Carmel Fire Department furnished to or
obtained by PSM in the course of providing the agreed -upon services. PSM will not disclose or release any such
confidential information to any person, except its employees, representatives and agents who have a need to know
such information in connection with PSM performance under this Agreement or by the express written consent of a
Carmel Fire Department employee.
Proprietary Information
PSM asks that all information provided within this document be held confidentially and not shared with any related
providers, those organizations who could be considered competition to PSM, other fire or law enforcement
organizations, or unnecessary personnel within the Carmel Fire Department.
Termination for Convenience
Either PSM or Carmel Fire Department may terminate this Agreement at any time by giving thirty (30) days written
notice. PSM shall be entitled to payment for deliverables in progress, to the extent the work has been performed
satisfactorily.
F: marketing /Goldmine templates 3 of 4 3
Term of Agreement
This agreement will be reviewed and updated annually. Questions regarding this Agreement may be directed
to the Client Manager below at 317.972.1180.
Public Safety Medical Carmel Fire Department
Lora L. Lex
Name Printed Name Printed
Name Signed
Name Signed
Client Manager Title
Title
June 28, 2010 Date
Date
Your Public Safety Medical Contact
Client Manager: Lora Lex Office: 317.972.1180, ext. 345 Mobile: 317.331.6806
F: marketing /Goldmine templates 4 of 4 I
j