HomeMy Public PortalAbout009-2021 - Fire - Bio-Care, Inc - Annual Physical Examination for Firefighters r
AGREEMENT
p V�/
THIS AGREEMENT made and entered into this �O day of '�(Q� , and
referred to as Contract No. 9-2021 by and between the City of Richmond ndiana, a municipal
corporation acting by and through its Board of Public Works and Safety (hereinafter referred to
as the "City") and Bio-Care, Inc., 1778 Holloway Drive, Suite A, Holt, Michigan, 48842
(hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide physical examinations to the City of Richmond
Firefighters for the 2021 calendar year, including but not limited to general physical
examinations,blood draws,pulmonary function tests, vision and hearing tests, and other standard
medical testing.
Requests for Quotes were made on November 12, 2020, and have been made available for
inspection and are on file in the offices of the Fire Department for the City of Richmond, and are
hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide
by the same.
Contractor's response to said Request for Quotes, received January 7, 2021, consisting of three
(3) pages, is attached hereto as Exhibit A and is hereby incorporated by reference and made a
part of this Agreement. Contractor agrees to abide by the same.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions,terms, or conditions of this Agreement,this Agreement shall be controlling.
Contractor shall perform all work herein in a timely manner, conforming to all applicable
professional standards.
The Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all services.
Contract No. 9-2021
Page 1 of 7
No work or performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent Contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of its services.
SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed Thirty-three Thousand Seven Hundred Sixty-
five Dollars and Zero Cents ($33,765.00), for the complete and satisfactory performance of the
work required hereunder for the 2021 calendar year.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until December 31, 2021, provided that blood draws and physicals are expected to be scheduled
and completed in February, 2021. The City shall retain two annual options to renew for the 2022
and 2023 calendar years with the same terms and conditions of this Agreement, with the
preference that services be performed in the first or second week of January for said subsequent
years.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its
obligations under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete in
any material respect;
c. ineffective or improper use of funds provided under this Agreement;
Page 2 of 7
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the effective date by Contractor, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such termination, the effective date, and in the case of partial
termination,the portion to be terminated.
This Agreement may also be terminated by the City if a force-majeure event occurs and the
results or aftereffects of said event causes the performance of this Agreement to become
impossible or highly impracticable. Said event or results or aftereffects of said event would
include events or effects which the parties to this Agreement could not have anticipated or
controlled. Examples of a force-majeure event, or its results, would include, but would not be
limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act
of Executive Enforcement of the Federal government,the State of Indiana, or local government.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims which may arise from the Contractor's conduct or
performance of this Agreement, either intentionally or negligently; provided, however, that
nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts
of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations by the Contractor or by any sub-contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coverage Limits
A. Worker's Compensation& Statutory
Disability Requirements
B. Employer's Liability $100,000
Page 3 of 7
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence
$2,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and
shall, before commencing performance under this Agreement, provide the City a certificate of
insurance, or a certificate from the industrial board showing that the Contractor has complied
with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state
employer and therefore subject to another state's worker's compensation law, Contractor may
choose to comply with all provisions of its home state's worker's compensation law and provide
the City proof of such compliance in lieu of complying with the provisions of the Indiana
Worker's Compensation Law.
SECTION VII. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-Contractor, or any person acting
on behalf of Contractor or any sub-Contractor shall not discriminate against any
employee or applicant for employment to be employed in the performance of this
Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or
any matter directly or indirectly related to employment, because of race, religion, color,
sex, disability, national origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1,the Contractor agrees:
1. That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any
Page 4 of 7
person acting on behalf of Contractor or any sub-contractor, shall not discriminate
by reason of race, religion, color, sex, national origin or ancestry against any
citizen of the State of Indiana who is qualified and available to perform the work
to which the employment relates;
2. That Contractor, any sub-contractor, or any person action on behalf of Contractor
or any sub-contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated
in violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all monies
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION VIII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall provide
to the City its signed Affidavit affirming that Contractor does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC
22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days
after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation
within the thirty (30) day period provided above, the City shall consider the Contractor to be in
breach of this Agreement and this Agreement will be terminated. If the City determines that
terminating this Agreement would be detrimental to the public interest or public property, the
City may allow this Agreement to remain in effect until the City procures a new contractor. If
this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the
Contractor will remain liable to the City for actual damages.
Page 5 of 7
SECTION IX. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in
investment activities in Iran. In the event City determines during the course of this Agreement
that this certification is no longer valid, City shall notify Contractor in writing of said
determination and shall give contractor ninety (90) days within which to respond to the written
notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased
investment activities in Iran within ninety (90) days after the written notice is given to the
Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In
the event the City determines during the course of this Agreement that this certification is no
longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-
22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement
and terminate the agreement upon the expiration of the ninety (90) day period set forth above.
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement.
SECTION XI.MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. It shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
constitutes the entire Agreement between the parties, although it may be altered or amended in
whole or in part at any time by filing with the Agreement a written instrument setting forth such
changes signed by both parties.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising
under this Contract, if any, must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts.
Any person executing this Contract in a representative capacity hereby warrants that he has been
duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of
Page 6 of 7
•
this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit
is filed.
In the event that an ambiguity or question of intent or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
IN WITNESS WHEREOF,the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY" "CONTRACTOR"
THE CITY OF RICHMOND, BIO-CARE, INC.
INDIANA BY AND THROUGH ITS Board 1778 Holloway Drive, Suite A
of Public Works and Safety Holt, MI 48842
• / '
By: ' Z149z By:
Vicki Robinson, President
By: Printed: Ryan A44.,,.k-
Emily al er, Member /
By: Title: 6,„,,4_0_ .,( ,e-..co.,S
Matt Evans, Member
APPROVED: c Date: O l 0O ,
'----D.a-' . S TM or
Date: 61 Zq L°W
Page 7 of 7
1!1/2021 biocare.force,com/TermsOfServicelid=0062L00000UNddP
- s ` 1778 Holloway Drive,Suite A
Bio Care* Holt,MI 48842
0 800-694-6240
Service Agreement
This Service Agreement Is for on-site medical services to be provided by Blo-Care,Inc.to Richmond FD-Indiana.The two parties agree to the following terms of service.
Services to be Provided
1 Product Name I Line Description i I
Physical-General Includes Medical history questionnaire,respirator questionnaire and hands on exam w/vitals
Pulmonary Function Test(PFT)
Vision Screen
Audiometric Testing
40 Panel Comprehensive Profile
,Urinalysis Screening
EKG __i[__. ._____
Tuberculosis(TB)Screening-Mantoux Tuberculin Skin Test
I Prostate-Specific Antigen(PSA)Blood Test
Chest X-Ray:PA(posteroanterior)
. . -Stress EKG
1 Wellness Screening-Health Risk Appraisal Questionnaire
Service Pate(s)
Services will be provided on the date(s)below.Services to be completed during testing times provided on testing schedule provided by Rio-Care.All limes are shown in the
Eastern lime Zone
EventDate(s) I StartTlrno I End Time
I 1I
102/19/2021 - 8:40:00 AM EST 6:30:00 PM EST
02/17/2021 7:00:00 AM EST 8:15:00 AM EST
02/17/2021 8:400 AM EST 5:30:00 PM EST
02/18/2021 7:00:00 AM EST 8:15:00 AM EST
102/18/2021 8:40:00 AM EST 7:00:00 PM EST
02/10/2021 7:00:00 AM EST 8:15:00 AM EST
Service Address .
Services will be performed at the following address:
101 S.6th St Richmond,Indiana 47374 United Slates
Testing Location
eio-Care Truck
. Records&Reporting
Bio-Care,inc agrees to maintain the confidentiality of all protected health Information collected from the services completed In accordance with HIPAA and other applicable
state and federal laws.
1,Records wit be sent to:Jerry Purcell at jpurceil@richmondlndiana.gov,at the following address:
101 South 5th,Richmond,Indiana.47374,United States.
2.Records will include reports based on the following Regulation Standards:
NFPA 1582-Standard on Comprehensive Occupalional Medical Program for Fire Departments.
3.An estimated completion and delivery of records will be 10-12 business days from the date(s)the services were completed.
Planning&Completion of Services
EXHIBIT ' PACE L OF-2__
biocare.force,com/TermsOfService?id=0062L00000UNddP 1/3
r • r
1/7/2021 biocare.force.com/TerrnsOfService?Id=0062L00000UNddP
It Is Blo-Care's responsibility to:
• Provide a testing schedule with appointment times to complete the testing services.
• Provide medical questionnaires,testing instructions,medical equipment,and medical supplies necessary to complete the testing.
• Provide medical truck to complete services.
•
It Is Richmond FD-Indiana responsibility to:
• Plan for and make preparations for the services and testing date by notifying management,supervisor and employees of the upcoming testing and the service date(s).
• Determine how employees will be scheduled for appointment(Imes on the testing schedule and make necessary notifications to management,supervisor and employees.
• Distribute any paperwork Including medical questionnaires and testing Instructions to employees being tested.
• Ensure that an arrival contact will be available when Bic-Care arrives to direct them to the testing location,
• • Ensure that the contact Is available during the testing hours to assist with Issues or questions that arise.
• • Determine a parking location for the truck.Parking location should be level,accessible and in a low-noise area.
• Provide electrical power(single phase,220 volts,50 amps)to power Bio-Care's truck.Electrical receptacle should be located within 75 feet of the truck parking location.
Service Pricing
,Product Name j Line Description I Sales Price]quantity!Amount
Physical-General Includes Medical history questionnaire,respirator questionnaire and hands $125,00 78.00 $9,750.00
on exam w/vitals
Pulmonary Function Test(PFT) $30.00 78.00 $2,340.
!.._--.--.---..__... . .... ............_.._...__.._._.-..... _
•
•
•
I Vision Screen
$10,00 78.00 $780.00
Audiometric Testing
1 $10.00 78.00 $780.00
•
40 Panel Comprehensive Profile $50.00 78.00 $3,900.00
Urinalysis Screening $5.00 78.00 $390.00•
EKG $45.00 78.00 $3,510.00
Tuberculosis(TB)Screening-Mantoux Tuberculin
I Skin Test $15.00 75.00 $1,125.00
ProstateSpeclfic Antigen(PSA)Blood Test $20,00 40.00 $800.00
Chest X-Ray:PA(posteroanterior) $65.00 6,00 $390.00
Stress EKG $200.00 35.00 $7,000.00
Wellness Screening-Health Risk Appraisal
Questionnaire $0.00 78.00 $0.00
Travel Charge-Truck
$600.00 1.00 $600.00
Travel Fee-Staff Travel and/or Overnight Hotel $600,00 4.00 $2,400.00
and Per Diem
Total:$33765.00
Payment for Services l�
1.An invoice for services will be sent to June Marshall atjmarshall@richmondindlana.gov,101 South 5th,Richmond,Indiana,47374,United States.
2,Payment for services are due 30 days from the invoice date.
3.Payment will be made by Check.
' 4.If payment is not made within 30 days from the date(s)services are completed,a late fee of 2%will be assessed every 10 days.
5.You will be billed a minimum charge equal to 85%of the TOTAL on the Service Pricing under this agreement for scheduled services.It is your responsibility to ensure the
number of services and/or number of testing dates Is accurate.
6.Daily testing rates consist of up to 8 hours of consecutive testing.If you require additional testing time,you will be billed a rate of$150 per hour for additional time.All
scheduling changes need to be discussed and approved with Blo-Care Operations.
7.For per person/test pricing,if you require additional time added onto the agreed upon testing schedule,you will be billed a rate of$150 per hour for additional time.All
scheduling changes need to be discussed and approved with Bio-Care Operations.
Cancellation of Services or Agreement
Cancellation of this agreement,Including the service date,without a 15 day written notification will result In a charge of 50%of the total price of services in this agreement.
Acceptance of Terms of Service
The signature below indicates acceptance to the terms of service under this Service Agreement.To accept this agreement,please type In your name in the box below,check
the checkbox and click Submit, /�
Full Name lEXHIBIT OF -�}-
I have read and accept the 0
terms of this Service
Agreement
Elio-Care Account Representative !
• EXHIBIT A- PAGE a-OF 3
biocare.force,com(fermsOfService?Id=0062L00000UNddP 2/3
1/7/2021 biocare.force.com/TermsOfService?ld=0062L00000UNddP
If you have questions regarding this agreement,contact your Account Representative noted above.Your signed authorization is required before being placed on
Blo-Care Inc.'s service testing schedule.
Submit
I93CAre
EXHIBIT A-PAGE 3 OF 3
biocare.force.com/TermsO(Service?ld=0062L00000UNddP 3/3