Loading...
HomeMy WebLinkAboutCAG1989-0037 - Original - Group Health Cooperative - Wellness Program - 05/01/1989 WELLNESS PROGRAM SERVICES CONTRACT This agreement is entered into this Z�day of 1989, between the City of Kent, Washington, hereinafter referred to s "the City", and Health at Work, Group Health Cooperative, a Washington Corporation, hereinafter referred to as "Contractor" in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. RELATIONSHIP WITH THE PARTIES. The City of Kent desires to obtain an employee benefits program. Group Health Cooperative desires to provide such a program to the City. The parties to this agreement each by and themselves, their partners, successors and interest, executors, administrators, and assigns to the other parties to this agreement with respect to all covenants of this agreement. 2. DOCUMENTS. All materials, files, memorandum, notes, documents generated by the contractor related to this agreement in accordance with this agreement shall be available for copying and inspection by the City. 3. SCOPE OF SERVICES. The following shall constitute the scope of work by the Contractor for this agreement: 1. Fitness Testing. A. Standard Evaluation: Cardiovascular Fitness (group step test) ; muscular strength & endurance (timed situps) ; flexibility; target heart rate/resting heart rate; fitness prescription ,(exercise program development) ; body composition (electrical bio-resistance, computerized printout of percentage of fat and lean tissues, body hydration levels, basal metrobolic rate for individual caloric expenditure and intake charts. 2. BioMetrics. A. Total Blood Cholesterol Screening: A screening for total serum cholesterol with complete results in only 3 minutes. Educational information regrading cholesterol is provided with the analysis. - 1 - B. Blood Pressure Screening: 3. Health Risk. A. Health Risk Appraisal : Choice of health risk appraisal products to provide a computerized analysis of personal health history, family health history and lifestyle factors affecting health with individual feedback describing how each participant can improve their health. These products include General Health "HealthPlan" , "Riskscan", and GHC "Wellness Score" . The information is totally confidential to the extent permitted by law. B. Aggregate Data: Health at Work will provide an aggregate report of all fitness and health risk appraisal information for participating employees (excluding spouses) as well as write a summary that will enable the City to view its employees as a group and will guide the development of additional health promotion planning. The degree of aggregate information will vary depending upon the risk appraisal product chosen. 4. Education. A. Educational Followup Sessions: After all of the assessments are completed, employees are invited to receive feedback regarding their personal information and learn techniques they can use to change their behavior, wherein individual health objective contracts will be made. One followup session will be provided for each 30 individuals participating. B. Retesting: Six months to'one year following the initial assessment dates Health at Work will provide retesting services. These services will include: cholesterol screening, body composition assessment, blood pressure screening, and educational followup. This retesting service will provide participants with information about their ability to meet stated objectives, as well as provide anonymous group information to the City in order to provide partial evaluation of the program's success. - 2 - C. Consultation: Health at Work's professional staff will be available to the City for these and other services. HAW will help provide strategy to develop the program, encourage participation, suggest ongoing programs and provide any suggestions and work which will make a successful program. A contact person for this service will be determined upon agreement of this contract. D. Educational Presentations: A number of educational presentations are available through Health At Work's program. These presentations are generally 1-1.5 hours long. Topics include such as stress, exercise, humor and health, nutrition, cholesterol , wellness, etc. These presentations will be scheduled throughout the year for the City employees by having a program person from the City contact Health At Work. These presentations can be combined with other services that can enhance the programs effectiveness. It is agreed to by the parties that the City may use all or only a portion of the scope of services that will be available to the City as agreed to by the Contractor in Appendix "A" . 4. PERIOD OF PERFORMANCE. Period of performance of this agreement shall be one year from the final date of the latest execution of this agreement. The parties may extend the period of performance if agreed to in writing by the parties. 5. TERMINATION. The City may terminate this agreement for any reason upon thirty (30) days written notice of such to the Contractor. The Contractor may terminate this agreement for any reason upon ninety (90) days written notice to the City of Kent. In the event this agreement is terminated under any of its terms prior to completion of the work, final payment shall be made to the Contractor for nondisputed services rendered up to the time of project termination. The payment shall be made within thirty (30) calendar days of receipt and acceptance of the final invoice by the City. If the Contractor fails to comply with the terms and conditions of this agreement, the City may - 3 - pursue such remedies as are legally available including, but not limited to, the termination of this agreement. 6. NONASSIGNMENT. The Contractor shall not assign any portion of this agreement without the written consent of the City. Said consent must be sought in writing by the Contractor not less than thirty (30) calendar days prior to the date of any proposed assignment. 7. RELATIONSHIP OF THE PARTIES. The parties intend that an independent Contractor relationship is created by this agreement. No agent, employee, servant or representative of the Contractor shall be deemed to be an employee, agent, servant or representative of the City for any purpose and the employees of the Contractor are not entitled to any of the benefits the City provides for its employees. The Contractor will be solely and entirely responsible for its acts and for the acts of it's agents, employees, servants, subcontractors or otherwise during the performance of this agreement. 8. JURISDICTION. This agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this agreement shall be governed by the laws of the State of Washington. 9. DISPUTE RESOLUTION. All claims, disputes and other matters in question between the parties to this agreement arising out of or relating to this agreement shall be decided in a court of competent jurisdiction in King County, Washington. 10. SEVERABILITY. It is understood and agreed by the parties hereto that if any part, term, or provision of this agreement is held by the courts to be invalid, the validity of the remaining provisions shall not be effected, and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular provision held to be invalid. If any provision hereof is in conflict with any statute of the State of Washington, said provision that is in conflict shall be deemed modified to perform to such statutory provision. - 4 - 11. ENTIRE AGREEMENT. The parties agree that this agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. 12. WAIVER OF TERMS. It is agreed by the parties that the forgiveness of the nonperformance of any provision of this agreement does not constitute a waiver of any of the provisions of this agreement. 13. NONDISCRIMINATION IN EMPLOYMENT. The Contractor may not discriminate under any program or activity to which this agreement may apply, directly, or through contractural or other arrangements, on the grounds of race, creed, color, religion, national origin, sex, age or presence of any sensory, mental or physical handicap. 14. NOTICE. All notice pursuant to this contract shall be given to the parties set forth below: Michael Webby Neal Sofian Personnel Director Manager, Worksite and Community Programs 220 Fourth Ave. So. Health at Work Kent, Washington 98032 521 Wall Street (206) 859-3358 Seattle, Washington 98121 (206) 448-4331 15. REVISIONS TO AGREEMENT. Parties may agree to revisions to this contract, but only upon mutual written agreement. 16. LEGAL RELATIONS. The Contractor shall comply with Federal , State, and local laws and ordinances applicable to the work to be performed under this agreement. 17. PUBLIC INFORMATION. The Contractor shall not issue any statements, or release of information for public dissemination without prior approval in writing of the City. 18. COMPENSATION. The Contractor shall be compensated according to the fee schedule set forth in Addendum A, attached hereto and incorporated herein. *Billed when services are delivered. The first column represents the costs - 5 - per employee for any and all employees up through the first 100 employees that may use these services. The second column represents employees that may use these services above 100. The fee schedule incorporates a 15 percent reduction in the base fees. The City makes no guarantee and is not required by this agreement to guarantee a minimum number of employees to use this services. However, a minimum of 30 employees will be scheduled per assessment. The City shall pay the Contractor within thirty (30) calendar days of receipt and approval of invoices for services. The Contractor shall bill the City for services on a monthly basis. 19. HOLD HARMLESS. The Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, employees and agents from and against any and all claims, demands, and causes of actions of any kind or character whatsoever, arising out of or related to the contractor, its employees, agents or third party claims of alleged personal injuries, death, or damage to their persons or property to the extent caused by negligent acts, errors, or omissions of the Contractor and/or its agents, subcontractors, employees or representatives; Provided, however, that no duty to defend, indemnify and hold harmless shall arise by reason of the sole negligence of the City of Kent as determined by a trier of fact. 20. CONFLICT OF INTEREST. The Contractor warrants that it has examined its professional service agreements and relationships with any person or entity potentially affected by the scope of work provided to the City or circum- stances which pose a real or possible conflict of interest. In the event of any real conflict, the Contractor warrants and represents that it shall resolve any such conflict in favor of the City. by removing such conflict with the other person or entity to the satisfaction of the City of Kent. 21 . INSURANCE. The Contractor shall maintain general liability insurance or self insure up to two million dollars ($2,000,000) per occurrence with excess general liability insurance in the amount of twenty million dollars ($20,000,000) in excess of the two million ($2,000,000) self-insured retention. The Contractor shall maintain insurance or self-insure up to two million dollars ($2,000,000) per occurrence and eight million dollars ($8,000,000) aggregate for professional liability. The Contractor shall - 6 - maintain excess professional liability insurance in the amount of twenty million dollars ($20,000,000) excess of the two million ($2,000,000)/eight million ($8,000,000) self-insured retention. The Contractor shall at all times maintain such self-insurance or insurance. Should the Contractor receive notice of or cause to be changed the amount or extent of insurance, it shall so notify the City. In any event, the Contractor must maintain insurance or self-insure to the extent and limits so described above for the life of this agreement. EXECUTED this ��day of 1989. a G--- A City o Kent Dan Kelleher, Mayor Nea Sofian Manager, Worksi a and Community Programs 5008L-09L - 7 - Appendix A Health At Work Services to be provided for City of Kent Employees (per employee prices) Service Item: Initial Assessments First 100 employees 101+employees HRA- Riskscan $11.25 $10.80 Aggregate Information $ 2.70 $ 2.70 Fitness Testing $ 9.00 $ 9.00 Body Composition $ 4.50 $ 4.05 Blood Pressure $ .90 $ .90 Educational followup $ 3.15 $ 3.15 Cholesterol screening $ 6.30 $ 6.30 Sub-total $37.80 $36.90 Service Item: Retesting Cholesterol $ 6.30 $ 6.30 Body Composition $ 4.50 $ 4.05 Blood Pressure $ .90 $ .90 Educational Followup $ 3.15 $ 3.15 Sub-total $14.85 $14.40 Presentations (6) $850 (6 presentations, $850/6 = $141.67 each) Consulting/ Training (5 days) $2350 (5 days, $2350/40 hours = $58.75 -- per hour) Pricing for this contract is effective for 60 days from date of contract.