HomeMy WebLinkAboutC-5009 - On-Call PSA for Ergonomic Evaluation and Training ServicesON -CALL PROFESSIONAL SERVICES AGREEMENT WITH
ERGO SOLUTION FOR
ERGONOMIC EVALUATION & TRAINING SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ( "Agreement") is
made and entered into as of this 15t day of November, 2011, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "City "), and Ergo Solution, a
California S Corporation whose address is PO Box 2803 Carlsbad, CA 92018 -2803
( "Consultant "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City has a need for on -call assistance for ergonomic evaluation of employee work
environments and proper body mechanic training to meet OSHA obligations and loss
prevention goals.
C. City desires to engage Consultant to evaluate, document and make corrective
recommendations of evaluated work areas, as well as, train employee(s) upon
request on proper ergonomic work mechanics specific to their job duties throughout
the City on an as need basis ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Mark Nolte.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to retain
Consultant to render professional services under the terms and conditions set forth
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on 1111/2013, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall provide "On -Call" Ergonomic Evaluation and Training
services as described in the Scope of Services attached hereto as Exhibit A and
ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH
ERGO SOLUTION FOR
ERGONOMIC EVALUATION & TRAINING SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is
made and entered into as of this 1st day of November, 2011, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "City"), and Ergo Solution, a
California S Corporation whose address is PO Box 2803 Carlsbad, CA 92018 -2803
( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City has a need for on -call assistance for ergonomic evaluation of employee work
environments and proper body mechanic training to meet OSHA obligations and loss
prevention goals.
C. City desires to engage Consultant to evaluate, document and make corrective
recommendations of evaluated work areas, as well as, train employee(s) upon
request on proper ergonomic work mechanics specific to their job duties throughout
the City on an as need basis ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Mark Nolte.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to retain
Consultant to render professional services under the terms and conditions set forth
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on 11/1/2013, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall provide "On -Calf' Ergonomic Evaluation and Training
services as described in the Scope of Services attached hereto as Exhibit A and
incorporated herein by reference ( "Services "). Upon verbal or written request
from the Project Administrator (as defined below in Section 6), Consultant shall
provide a letter proposal for Services requested by the City (hereinafter referred
to as the "Letter Proposal "). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the speck project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed,
Consultant shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and the Services shall be performed to completion in a diligent and
timely manner. The failure by Consultant to perform the Services in a diligent
and timely manner may result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible
for delays due to causes beyond Consultant's reasonable control. However, in
the case of any such delay in the Services to be provided for the Project, each
party hereby agrees to provide notice to the other party so that all delays can be
addressed.
3.1.2 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a delay.
The Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Consultant's control.
3.1.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances,
by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis, in accordance with the provisions of this Section and the Schedule
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of Billing Rates attached hereto as Exhibit B and incorporated herein by
reference.
4.2 No rate changes shall be made during the term of this Agreement without
the prior written approval of the City. Consultant's compensation for Services
performed in accordance with this Agreement, including all reimbursable items
and subconsultant fees, shall not exceed the fees identified in the Schedule of
Billing Rates, as approved by the Project Administrator. Total compensation paid
to Consultant during the term of this Agreement shall not exceed Nine Thousand
Dollars and 00/100 ($9,000.00) annually without written amendment to the
Agreement.
4.2.1 Consultant shall submit invoices to City describing the work
performed. Consultant's bills shall include the name of the person and/or
classification of employee who performed the work, a brief description of the
Services performed and /or the specific task in the letter proposal to which it
relates, the date the Services were performed, the number of hours spent on all
work billed on an hourly basis, and a description of any reimbursable
expenditures. City shall pay Consultant no later than thirty (30) days after
approval of the monthly invoice by City staff.
4.2.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Schedule of Billing Rates. Unless otherwise
approved, such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
4.2.2.1 The actual costs of subconsultants for performance of
any of the Services that Consultant agrees to render pursuant to this Agreement
and the Schedule of Billing Rates, which have been approved in advance by City
and awarded in accordance with this Agreement.
4.2.2.2 Approved reproduction charges.
4.2.2.3 Actual costs and /or other costs and /or payments
specifically authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.2.3 Consultant shall not receive any compensation for Extra Work
without the prior written authorization of City. As used herein, "Extra Work"
means any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Letter Proposal and
which the parties did not reasonably anticipate would be necessary.
Compensation for any authorized Extra Work shall be paid in accordance with
the Schedule of Billing Rates set forth in Exhibit B.
---_----- - - - - - --
S. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all
reasonable times during the Agreement term. Consultant has designated Mark
Nolte, MA, PT, CIE to be its Project Manager. Consultant shall not remove or
reassign the Project Manager or any personnel listed in Exhibit A or assign any
new or replacement personnel to the Project without the prior written consent of
City. City's approval shall not be unreasonably withheld with respect to the
removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written
request of City. Consultant warrants that it will continuously furnish the
necessary personnel to complete the Project on a timely basis as contemplated
by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the City's Human Resources Department.
Cheryl "Sheri" Anderson, Human Resources Supervisor, or his /her designee, shall be
the Project Administrator and shall have the authority to act for City under this
Agreement. The Project Administrator or an authorized representative shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in
a timely manner so as not to cause delays in Consultant's work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the Services required by this Agreement,
and that it will perform all Services in a manner commensurate with community
professional standards. All Services shall be performed by qualified and
experienced personnel who are not employed by City, nor have any contractual
relationship with City. By delivery of completed work, Consultant certifies that the
work conforms to the requirements of this Agreement and all applicable federal,
state and local laws and the professional standard of care.
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8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever nature
that are legally required of Consultant to practice its profession. Consultant
further represents and warrants to City that Consultant shall, at its sole cost and
expense, keep in effect or obtain at all times during the term of this Agreement,
any and all licenses, permits, insurance and other approvals that are legally
required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of
strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely
information or to approve or disapprove Consultant's work promptly, or delay or
faulty performance by City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers,
agents and employees (collectively, the "Indemnified Parties ") from and against
any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action,
suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims "),
which may arise from or in any manner relate (directly or indirectly) to any work
performed or Services provided under this Agreement including, without
limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent and /or willful acts,
errors and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising
from the sole negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do riot act as a limitation upon
the amount of indemnification to be provided by the Consultant.
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t . .
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project direction
with City's Project Administrator in advance of all critical decision points in order to
ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been scheduled
or are desired.
14. INSURANCE
14.1 Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
14.2 Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver
of subrogation endorsement for workers' compensation. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be kept
on file with City at all times during the term of this contract. City reserves the
Page 6
right to require complete, certified copies of all required insurance policies, at any
time.
14.2.1 Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in Consultant's bid.
14.3 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the City's Risk Manager.
14.4 Coverage Requirements.
14.4.1 Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's Liability
Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's
employees in accordance with the laws of the State of California, Section 3700 of
the Labor Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and Employer's Liability
Insurance in accordance with the laws of the State of California, Section 3700 for
all of the subconsultant's employees.
14.4.2 Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30) calendar days
(ten (10) calendar days written notice of non - payment of premium) prior to such
change.
14.4.3 Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
14.5 General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including
without limitation, blanket contractual liability.
14.5.1 The policy shall carry a general liability special endorsement
naming the City of Newport Beach, its elected or appointed officers, employees,
agents and volunteers as additional named insured in the amount of one million
dollars ($1,000,000) per occurrence.
14.5.2 Consultant's insurance coverage shall be primary insurance and /or
primary source of recovery as respects to City, its elected or appointed officers,
agents, officials, employees and volunteers as respects to all claims, losses, or
liability arising directly or indirectly from the Consultant's operations or services
provided to the City. Any insurance or self - insurance maintained by City, its
officers, officials, employees and volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
14.6 Automobile Liability Coverage. Consultant shall maintain automobile
insurance covering bodily injury and property damage for all activities of the
Consultant arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000) combined
single limit for each accident.
14.7 Other Insurance Provisions or Requirements. The policies are to contain,
or be endorsed to contain, the following provisions:
14.7.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Consultant or others providing insurance
evidence in compliance with these requirements to waive their right of recovery
prior to a loss. Consultant hereby waives its own right of recovery against City,
and shall require similar written express waivers and insurance clauses from
each of its subconsultants.
14.7.2 Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to inform
Consultant of non - compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
14.7.3 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally
provided by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not intended by
any party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
14.7.4 Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days notice of
cancellation (except for nonpayment for which ten (10) days notice is required) or
nonrenewal of coverage for each required coverage.
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14.7.5 TimelV Notice of Claims. Consultant shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
14.7.6 Additional Insurance. Consultant shall also procure and maintain,
at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty-
five percent (25 %) or more of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this
Agreement will be permitted only with the express written consent of City. Consultant
shall not subcontract any portion of the work to be performed under this Agreement
without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents'), prepared or caused to be prepared
by Consultant, its officers, employees, agents and subcontractors, in the course
of implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in formats compatible with Microsoft
Office and /or viewable with Adobe Acrobat
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19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant to this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City to examine, audit and make transcripts or copies of such records
during regular business hours. Consultant shall allow inspection of all work, data,
documents, proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
22. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure
to pay according to the terms of this Agreement. Consultant shall not discontinue work
as a result of such withholding. Consultant shall have an immediate right to appeal to
the City Manager or his designee with respect to such disputed sums. Consultant shall
be entitled to receive interest on any withheld sums at the rate of return that City earned
on its investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under
any other sections of this Agreement.
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24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for termination of this Agreement by
City. Consultant shall indemnify and hold harmless City for any and all claims for
damages resulting from Consultant's violation of this Section.
4-: 21011193 *'
26.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, and conclusively shall be deemed
served when delivered personally, or on the third business day after the deposit
thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Cheryl "Sheri" Anderson
Human Resources Department
City of Newport Beach
PO Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Phone: (949) 644 -3307
Fax: (949) 723 -3509
26.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Mark Nolte, MA, PT, CIE
Ergo Solution
PO Box 2803
Carlsbad, CA 92018 -2803
Phone: (760) 439 -9493
Fax: (760) 439 -9487
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27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party
shall be deemed in default in the performance of this Agreement. If such default
is not cured within a period of two (2) calendar days, or if more than two (2)
calendar days are reasonably required to cure the default and the defaulting
party fails to give adequate assurance of due performance within two (2)
calendar days after receipt of written notice of default, specifying the nature of
such default and the steps necessary to cure such default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party
written notice thereof.
27.2 Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
developed or accumulated in the performance of this Agreement, whether in draft
or final form.
28. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
29. STANDARD PROVISIONS
29.1 Compliance with all Laws. Consultant shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all
governmental entities, including federal, state, county or municipal, whether now
in force or hereinafter enacted. In addition, all work prepared by Consultant shall
conform to applicable City, county, state and federal laws, regulations and permit
requirements and be subject to approval of the Project Administrator and City.
29.2 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein,
whether of the same or a different character.
29.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the Parties hereto,
and all preliminary negotiations and agreements of whatsoever kind or nature are
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merged herein. No verbal agreement or implied covenant shall be held to vary
the provisions herein.
29.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form
by the City Attorney.
29.6 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions of this Agreement shall continue in full force and effect.
29.7 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed
for or against either party by reason of the authorship of the Agreement or any
other rule of construction which might otherwise apply.
29.8 Controlling Law And Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought
relating to this Agreement shall be adjudicated in a court of competent jurisdiction
in the County of Orange.
29.9 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national
origin, handicap, ancestry, sex or age.
29.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
29.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together
shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date: ( f — (Lf I f
By:
--u--- C ti-
--A
Aaron C. Harp I
City Attorney 4I
ATTEST-
Date:
By:
Leilani I. br6A
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: // — 2_ — �T
By: 9a i
� k' -
Terri Cassidy
Human Resources Director
CONSULTANT: Ergo Solution, a
California S Co pora on
Date-.—/ 1 Z ( !
By:
Mark Nolte, MA, PT, CIE
President/CEO
ATTACHMENTS: EXHIBIT A — SCOPE OF SERVICES
EXHIBIT B — SCHEDULE OF BILLING RATES
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Exhibit A- -Scope of Services
City of Newport Beach
I. Priority One (claim filed) or Priority Two (previous claim or
significant discomfort) Ergonomic Evaluation with report.
Individual workstation evaluation and education with 4 -8 pg.
report complete with recommendations. Approximately 1.5 -2
hours with each employee.
II. Priority Three (preventative) or Follow -up with report.
Approximately 45 minutes -1 hour with employee (minimum 2
employees unless a follow up evaluation).
III.Brief 20 minute education /stretching presentation and
workstation setup advice. Followed by approximately 15 -30
minutes of 1 on 1 fine tuning /assistance with each employee
with 1 pg. report complete with recommendations.
IV.Worksite/Vehicle Ergonomic Evaluation - -Job Specific with report
(2 hours).
V. Office Worker Power Point Presentation (60 minutes) which
covers:
a. Anatomy and biomechanics of the working body
b. Physical work stresses
c. Postures and repetitive movements— identification and
correction
d. Ergonomics of proper work station design
e. Motivation to maintain correct work postures
f. Brief exercises to prevent and reverse the deteriorative
effects of sustained posture and repetitive motion
g. Motivation to correctly fit chair, desk, and computer —
specific problem solving
VI. Office Ergonomic Training for Managers and Supervisors (2
hours) and covers: Teaches managers, supervisors and labor
leaders the scope of strategies for reducing the injury claims
problem. Presents the technology and politics of claims
prevention. Builds attitudes, skills, and commitment.
Presentation List
Management Training: Teaches managers, supervisors and labor
leaders the scope of strategies for reducing the injury claims
problem. Presents the technology and politics of claims prevention.
Builds attitudes, skills, and commitment.
The Management version of the Back School, Neck -Arm School or
Office Worker.
Employee Motivation: Worker self - protection training.
Emphasizes fatigue - avoidance tactics: personal ergonomics,
productivity tactics and self -care responsibility, including stretching:
the industrial athlete approach to the employee version of the Back
School, Neck -Arm School, or Office Worker.
Office Worker, Neck -Arm CTD School, or Back School
Management (2 hr. class up to 25 people)
Employee (60 min. class up to 25 people)
Ergonomics Program: Outlines the components of a successful
and compliant ergonomics program. Discussion of Work Risk
Analysis, Management Training, Employee Motivation, Ergonomic
Team Training, Written Ergonomics Plan, and Follow -Up Programs.
One hour (unlimited attendance)
Physical Therapy: The Role of Physical Therapy in management of
the injured worker. A discussion of physical therapy from prevention
to disability assessment. The value of appropriate physical therapy
and key ingredients to ensure successful outcomes. How to control
claims' costs with physical therapy.
One hour (unlimited attendance)
Each client is important to us and we ask that if necessary to cancel or
reschedule your appointment, please do so at least 48 hours in advance.
For non - compliance of the cancellation policy, you will be charged 100%
of the service fee.
hN Ergo Solution
Exhibit B-- Schedule of Billing Rates
City of Newport Beach
I. Priority One or Priority Two Ergonomic Evaluation with report.
$500 per
II. Priority Three or Follow -up with report.
$250 per. Five or more eligible for discount to $195 /hour.
III.Brief 20 minute education /stretching presentation and
workstation assistance.
$195 /hour
IV.Worksite/Vehicle Ergonomic Evaluation.
$500 per
V. Office Worker Power Point Presentation.
$500 per
VI. Office Ergonomic Training for Managers and Supervisors.
$900 per
Each client is important to us and we ask that if necessary to cancel or
reschedule your appointment, please do so at least 48 hours in advance.
For non - compliance of the cancellation policy, you will be charged 100%
of the service fee.