HomeMy Public PortalAboutORD13561 BILL NO. 2003-33
SPONSORED BY COUNCILMAN Angle
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CAPITAL REGION
MEDICAL CENTER FOR WELLNESS / FITNESS PROGRAM.
WHEREAS, Capital Region Medical Center has been selected as the firm best qualified
to provide professional services related to the Wellness / Fitness project;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Capital Region Medical Center is hereby approved as the best
qualified firm to provide professional services and its proposal is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized and directed to
execute an agreementwith Capital Region Medical Center for Wellness/Fitness Program.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: (�G,� 2 ,1��''� Approved'-
Presiding Officer Mayor
i
A EST: APPROVED AS/ 0 FORM:
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City Cler � City Counselor
CITY OF.1L-,'F'F'ERS0N
CONTRACT RENEWAL OF THE WELLNESS AND FITNESS PROGRAM
WHEREAS, the City of,lefferson, Missouri, it nlunicip(11 corporrltion, with offices at.320 Bast McClarty
Street, Jefferson City, Missouri, 65101, heruinaft.eI, designated "City,"entered into sul Agreement,with
Capital Region Medical (:;enter. with offices at. 1,128 Solathwest I301.11eVIII'd, tJefferson City, Missouri,
65102, hereinafter referred to as"Provider," on duly 11, 200;3, send (amended on July 16, 2001.
WHEREAS, the Agreement was to furnish (access to it Wellnes=s find fitness program for the Fire
Department earliloyees; and
WHEREAS, both parties wish to extend the ligreement, 161. the second of two additional one-year
renewal periods as stipulated in Section V11. Toro). and Termination, Sub-Section A. Ternl, dated July
11, 2003, and amended July 10, 200.1:
NOW, THEREFOR..E, be it agreed by the parties (,hat, the agreement is hereby renewed for the finial
year of the two addidonlal periods to end July 11, 2000,
IN TESTIMONY WHEREOF, the pslrties have hereunto set: their hrinds and seals this.-11—day of
July, 2005,
CITY OF JEFFERSON, MISSOURI CAPITAL ItEgfdN MEDIC 1, CENTER
Mayor r.—Tit.lc: - -- - - - —
A
City Clerk `' fill
APPROVE .'AS T()/I''()RN1l:
City Co nselor
II;Com tact I•ilrsd'tofcssional Smiccs Capital Region S101,n1 Coact Anmulmrot 0 S.0a„pd
CfTY OF.1EFFL"RSON
CONTRACT RENL'N'it L OF THE W LLNL~SS AND FITNESS PROGRAM
tVF�Csith:AS,Ills'('iii of Jrl'ferson,1IIsso(1ri,if rnllrllr.i pit I vorporlition, with Offic vs aI,3:.'11 I,'asI tkleCarl,y Street,
Jeffel'son(;ily,Missouri,(13101, 11creII III f(el-design111ed 'Vi Iy,"e11lered I I I I o III AgrreeniellI will)(.;a Jilin I Region
I\ledlenI C'eliter, wil 11 offices ill 1,1' 1'{1111ulilwetil l�l)Illl!wil l'd,J('ffl'1'sOII l lly,�liss(1111'i,(11111)' ,ll(!1'Clllnf(C!i'i'l!f(!I'!'Cd
to 1114 "I'rovidm',"on Jul`' 11. 2003.
WIII:RI:AS,the Atrreement wits to fIII'fli`;tI IIcc•etis to II Wellness II nd 11Ifless profrr'11 1n for the Fire Depart 11usIII
employees: alld
W111ERFAS, holh 1)IIr11(w m+411 111 oxfoild (III, 11"'r1'omont f(%r Ow ,1 emid of (wo nddillolll;! one-year rene',vol
pel-lod s 118 vtip111111e(I ill 's('c'lioll \'ll.•I'ernl 11nd'I'el'nlin11lion, fillb.-Sv('tion A. 'I'er111,dided Jute 11, 200 3:
NOW,T11111i"RE' SORE,he it ngi-ved by III('plirl ies 111111 I lIv ilgi-v invill Is her('hy renewed for the first of(he Iwo
Iuldiliolml period~ 11) end hily 11, 21105.
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IN 'I'I S'I'IINIONY WHE'REOV, the 1►iir•ties Mile hrre1111to sH their blinds 1111d scuts tills _�(�' (111y of Hw" :<.
2004.
CI'T'Y OI'.11 1:'IT'RSON, MISSOURI CAPITAL REGION MEDICAL CEN,mm
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WELLNESS and FITNESS PROGRAM
City of Jefferson
Fire Department
This City Agreement ("Agreement") is entered into effective as 01,111c 1-1—j__o1'July, 2003, ("E'ff'ective Date")
by and between the City of'JrCf'erson, a MiSSOLll'i corporation ("City") and Capital Region Medical Center,
("Provider").
WHEREAS, City has requested Provider to Furnish access to a Wellness and Fitness program to the fire
Department enlployccs; in([
WHEREAS, Provider submittcd a proposal to the City which included additional services including
assessment and aUlnUal r-C-assessment, exercise prescription and counseling, immunization, nutritional
counseling, smoking cessation program, onsitc exercise program and equipment, and (Iuarterly assessment;
and
WHEREAS,it is the purpose ot'this Agreement to estal)llsll al coiltl'actual relationship whereby Provider shall
provide City with such access and adlninistratrve services as set 101"01 hcreltl.
NOW, THEREFORE, in consideration of the premises and covenants set forth herein, the parties hereto
mutually agree as follows:
1. SCOPE OF SERVICES
Program will address imillUllizations for all employees and continued fitness. E?ach employee's
personal fitness will be evaluated by a health care professional, and it fitness program will be
prescribed for each individual which will include nutrition counseling, medical and exercise
appraisals. Employees will follow their prescribed exercise program dining on-duty time allotted for
physical fitness. Exercise physiologist will evaluate and counsel on it one-oil-onc bases to each
employee who will be shown the proper procedures to use equipment. An initial assessment and an
annual re-assessment will be conducted by a medical provider to include a heart health risk appraisal,
pulmonary function testing, and physical ILlnCtlllll testing. Quarterly assesslllcllts will be pel'for'llled
by an exercise physiologist or physical therapist to review the employce's's specific goal and if
necessary adJUSt the exercise program.
It. 131 F1NITIONS
As used herein, th4 following terms shall have the 161lowing meaning:
A. "EMPLOYEE" nlcarls any person employed within the lire Department referred to Provider
by City for the coordination of'medical services relative to Wellness and Fitness Program;
B. PROPOSAL" means that proposal submitted by Provider to City date([ May 1O, 2003,
II ICrNtlf h'1 FIIMITd('aulndl Smuu'('npOnl Nigran Aluhcal Cado+rmnm Ihyrao+•�d 1
suppicntc Itcd.
111, RELATIONSHIP BF TWi LN CITY AND PROVIDER
'rhe relationship h>etween City and Pi-ovi(lei•is that ol'indcpendent amtractittg parties and neitherC.ity
nor Provider nor the cinl)ioyces,servants, agents, or rep►•csentatives ol'either steal l be considered the
employee, servant, agent, or representative of the other. Nothing herein should be construed its
creating any relationship between the contracting parties hereunder other than the relationship of
independent entities contracting together to allIcet the arrangement which is the subject of this
Agrecincnt.
1V. SERVICES OF Provider
Provider shall provide the 11611owing scrviecs to Cit.' under this Agreement:
A. Provider shall provide all scrviecs as set out in its PROPOSAL.
I. Assessment
a) Heart Health Risk Appraisal
• Completion of Heart Health Questionnaire
• Resting Blood Pressure
• Resting I leart Rate
• Percentage of Body Fat
• Cholesterol Level - Total and FIDI_,
b) Pulmonary Function festutF,
C) Physical Function Examination.
• Grip Test
• Lat Row EndUrancc "1'cst
• Chest Press Endut ancc'Test
• Leg Press Endurance Test at Body Weight
• Hamstring to Quad Strength Ratio
• Sit and Rcach 'Pest
• Straight Leg Raisc
• Shoulder Girdle and Upper Back Mobility and Strengih Test
• Push-ups in one minute
• Sit-up in one minute
• CardiiOVaSelllar• Endurance Step 'Pest or ECG Testing;
(1) Hepatitis Testing
• Blood tcsl to determine the presence of Hepatitis A B and C.
2. Function Examination
3. Exercise prescriptions and counseling.
Id�Cditr.rt 1'dnUtiult*annul borina'npual NeW+ A1uh�t'.uw9lwv..14nginw w�1 2
• Based Oil the results of tllc Physical Function 'Testing, the fire fighter•
will have a one-on-one session with the exercise physiologist who will
review with them their exercise prescription, Cducal.0 them about
exercise technique and target heart rate to achieve maxinlutn benefit
from the exercise program.
4. 1111111 Lill izatiolls.
• Influenza,
•
Hepatitis 13, series for three vaccinations
• MMR, booster for anyone horn after January 1. 1957.
• Pneumococcal, one time for lifetitllc
• "FetMnus. booster every 10 years.
5. Nutritional Counseling to irtclurle spouses.
• A registered dietician will present educational sessions to fire fighters and
spouses to include heart healthy recipes and meal planning. Fire fighters will
participate in completing a thud diary, which is reviewed with the cfictician fior
evaluation, guidance and rcCOmmCndlations. 1?ducational SCSSions must be on
situ and must he scheduled a minimum d111six dif Trent times to accommodate
the shills required of the fire fighters.
G. Smoking Cessation Programs.
• The Freedom front Smoking Program, accredited by the American Lung
Association,orcquivalcnt accredited program will he off er•ed to all employees.
7. Firehouse onsite exercise fro Siam.
I b
• WorkOUI sessions can be organized in a group setting, buddy system (1l•
individual basis. A nlinimunl o0 sessions per week lasting a minimum of'40
minutes long with at least 20 n)inutCS of aerobic exercise will be
reconlmendccl. Each session includeS a Wal•III-ul)ilildl COO1 down consisting of
stretching exercise. Strengthening and muscular endurance activities can he
achieved through resistance exercises. sit-up and push-up. Aerobic exercise
can be achieved through rl.rtlning and/or Walking flor 20 minutes at target hear
rate.
• Recommend and provide specifications Ior exercise Cquipnlent 1101• eaCII fire
station
• Reference material fitr cxluipnlent will be provided to the captain at each fire
house.
• Each captain will be provided a training session on proper exercise technic{ues
and principles.
• An exercise physiologist will be available on a consultant basis as needed.
8. Quarterly Assessment - On-site testing Will he scheduled it Illllllllll1111 Of'six different
tines to accommodate the shills required of the fights, provided by a medical
providlCr, and Will include.
• Resting Blood I'ressurc
• Resting I least. Rate
11 K'uulrw1111,>'.I'ndi>rn+t>I tin HU+1'npinl N,�pm`,luln nl f'pn.nlnmw,Ih.l'imu wpl 3
• Percentage of Body Fat
• Grip Test
• Sit and Reach Test
• Straight Leg Raise
• Shoulder Girdle and Upper Rack Mobility and Strength Test
• Push-ups in 0110 minute
• Sit ups in one minute
An exercise physiologist or physical therapist will review the results and compare to
previous re,Mults. Counselingcan be providc(1 to help individuals improve their results.
Results of testing can be enteral into a database to show progress of the individual.
9. Annual Re-assessment.
V. C.OMI'1:NSA'TI0N
A. City, shall pay such fees, charges, and exercise equipment as set out in Provider's
PROPOSAL and any fees and charges shall be limited to the amounts included in the
PROPOSAL. It is expressly understood that in no event will the total compensation to be paid
to the Provider under the terms ofthis contract exceed the suns of f illy-Three'rhousand Two
Hundred Seventy Dollars($53,270.00) which includes'Twenty-Nine Thousand Fitly Dollars
($29,050.00) for the base cost, and 'I"wenty-Four 'Thousand Two Hundred Twenty Dollars
($24,220.00) for additional services as set out in the proposal.
VI. INSURANCE
Provider, at its sole cost and expense, shall obtain or maintain coverage for general liability,
professional liability and other exposures as may be necessary to insure itself, its directors, and
employees against any liability,claims or damages arising by reason of acts or omissions of'Provider
or its directors, or employees in the performance of its responsibilities under this Agreement. Upon
request, Provider will provide evidence of such coverage and Provider shall notify City promptly
if it receives notice of the termination of,such coverage and/or ill the event that it is notable to secure
alternative coverage. Such coverage shall carry a illillllllllill limit o1'$2,000,000.
VII. TERM AND TERMINATION
A. Term
This Agreement shall com ill ence as of'the Eft'ective Datcan d shall continue in effect for initial
term ofone (I) year of'such (late. Thereafter, this Agreement may be renewed by agreement
of the patties tier two successive one (1 ) year IN"HOCls unless sooner terminated by the parties
hereto in accordance with the provisions set forth in this Section VI.
R. Voluntary Termination
Either Provider or City may terminate this Agreement upon ninety (90) Clays prior written
notice given at any time with or without cause.
iliCunitn.l 116aVholimum+l tia.ua0.bpp+I Hry�nn Alulntl Ciunl unn+llug+m rryl 4
C'. involuntary Termination
This Agreement may he involuntarily terminate(( by cither partyas, follows:
I . 11'Cify 11tils to pay Prtvider anIOLIMS due under this Agreement in accor(lance with the
terms herewith an(l fails to make entire payment withit► live (5) days of Provider's
wriltcn 110OCe of such fililul•e, then Provider may terminate this Agreement
immediately wilhciut fiuthcr notice.
2. II'cither Marty is in material (Ietotllt ill the perl6 nlance ofthc terms and corulitions elf'
this Agreement, then the non-(icfaulting party nlay terminate this Agreement
ill'IMC(liatcly upon wriltcn notice upon the expiration ol'a thirty(30)clay written notice
(specifying the nature of•the clefault) and cure perio(1.
3. Eitherpartycan tertllinate this Agreement inl►)lc(liatcly upon wriltcn notice in tllc Cvcnt
that (It(.! other party files liar hankruptcy or is (ieClal'cd insolvent.
1). In the event ofthe termination ofthis Agreement, City shall remain obligate(1 to pay For any
services provieled prior to the cffcclive (late ol'termination including, bUt 1101 lin11tC(l to, any
C'OVERi:D SERVICt S provided by PARTIC'll'ATING PROViDE-11S.
VIII. CONFIDENT'IALI'TY AND PROI?RIF-TARY RiGHTS
During Provider's performance ol'scrvice 11C!•CUndCr, City may ohtain information relating to the
bllSirlCSS affairs of Provider which is highly confidential an(1 proprietary including, but not limited
to, i'ARTiC IPATiNG PROVIDER, case management processes, programs, systems and soflwar•e.
City hereby agrees to treat such in(ormation as Secret and confidential and to obligate its employees
and agents to treat. such information as secret and confidential and not to disclose or make available
any such information to any firm, person or corporation or use it in any manner (except as
contcmpiatcd in this Agreement) without the prior written consent of Provider unless required by
vttill court order or subpoena. 'this provision shall survive the termination of tills Agreement.
IX. RECORD REI't, TION AND AUDIT
Provider•steal I maintain records pertaining to the perlornlance ol'its obligations under this Agreement.
SUC)1 records shall be maintaine(l fir its long its this Agreement is ill ellect plus three years unless
otherwise required by law. Provider shall make its records available for its inspection by City or any
other aUthOrized regulatory body or agency at reasonable tinges upon reasonable notice in a manner
consistent with laws told regulations relating to patient confidentiality. Provider shall have the right,
upon reasonable notice, to audit the records of'City to verify the number ol'EMPLOYEES covered
under this Agreement,
II:U1MIrnt lvlo`ITuhwunnl 5au7.+`•Cupml Nry!ixi\In6u1 f,ninV iwi�.Ihep oin whl
J
MISCFLLANii('AJS
A. Assignment
This Agreement may not be assigned by either party without thc: prior written consent ol'thc
other. Consent shall not be withheld unreasonably.
13, Agreement Modification
This Agrccnlcnt constitutes the entire understanding ol'Ihe parties hereto an(1 supersedes any
and all written or oral agreements, representations or undcr:stan(lings. No modifications,
amencfnlents or alterations shall be effective unless cvidcnccd by an instrument in writing
signed by both parties,
Furthermorc,neither this Agrccnlcnt nor any modi f ications,anlendnnetits,or alterations thereof,
shall be consiclerccl executed by, or binding upon, Provider unless and until signed by a duly
authorized ol'ticer of� Provider.
C. Liability for Injury.
Provider shall be responsible liar ally and all injury or(lainages caused by all act or omission
of Provider as a result of any service renderc(l under the terms and (:onclitions elf' the
Agreement. In addition to any liability imposed upon Provider on the account of personal
injury, bodily injury, includinf; death, or property dannage Sllffer'ed as a result of Provider's
perlbrnlancc undcrtlnc Agrccnlcnt, Provider assumes the obligation to save the City,including
its agents, employees told officers, harmless and to indemnify the City including its agents,
employees and officers, from every expense, liability or under payment arising out ofsuch act
ot'omission under the terms oftliis Agreement causing such liability. Provider also agrees to
hold the City, including its agents, employees and officers, harmless for any let or omission
rominliticcl by any subcontractor or other person employed by or under the super•vision of
1'rovicler under the terms of'the Contact.
D. Invalid Provisions
Notwithstanding Section X-l3 above, any provision of this Agrccnlcnt which is in violation of
any state or lederal laws or regulations shall he decinecl amended to conlorm with such laws
or regulations, pursuant to the terms of this Agreement, except that if' such change will
materially and substarntitilly alter the obligations o['the parties un(.Icr this Agi-eenncnt,any such
provision shall be r'enegotiatcd by the pa.rties.'I'Ile inv ilidityor iloncn loi-ce ability ot'any ternns
or provisions hereof shall in no way effect the validity or cnforccability of any terms or
provisions hereof,
t . Governing Law
The Agreement shall be construed accorcling to the laws ofthe State of Missouri. Provider
shall comply with all local, state and federal laws and regulations related to the performance
of the Contact to the extent that the stone may be applicable, including the Fair Labor
Standards Act, lair Employment Practices, and the Equal Opportunity Employment Act.
F. Reserved i:.ight Of City
The City reserves the right to obtain services clsckvllcre.
IVCImbuI hk.,Prol mi ual SUN—,CY,VIJ)P yvgl UOIn,I Cm1mT'I'l Ib.I lul!I AlI1.0 I,) 6
G. Notice
Any notice required pursuant to this Agreement shall be given in writing personally delivered
or sent by certified or registered mai!, return receipt requested, to the Party as follows:
Capital Region Medical Center City of Jefferson
ATTN: Becky Vessel ATTN: Human Resources Director
14213 Southwest Blvd. 320 East McCarty Street
P.O. Box 1124 Jefferson City, MO 65101
Jefferson City, MO 65102
ATTN: City Counselor
320 East McCarty Street
Jefferson City, MO 65 i 01
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year set above.
CITY OF JEFFERSON, MISSOURI CAPITAL. I:F-GION MI DICAL C1-'NTER
i
Mayor :r-- --- 'Citl (/-/`-� a.� n c.--IF-',
A J'7,10414� A I"I'ES
Cit
y Cler Title:
APPRROV D AS/T - FORM:
City Couns for
II:K'alrnl YIIoU7dnwwul tiovirnk'ry+iql Nryt�M1lnllcd CmIMJlmtw RuRrun wpl 7
CITY OF JEFFERSON
EXTENSION OF THE WELLNESS AND FITNESS PROGRAM
WITH CAPITAL REGION MEDICAL CENTER
WHEREAS,the City of Jefferson,Missouri,a municipal corporation,with offices at 320 East McCarty
Street,Jefferson City,Missouri, 65101, hereinafter designated"City,"entered into an Agreement with
Capital Region Medical Center, with offices at 1428 Southwest Boulevard, Jefferson City, Missouri,
65102,hereinafter referred to as"Provider,"on July 11, 2003, and amended on July 16, 2004, and July
5, 2005.
WHEREAS, the Agreement was to furnish access to a Wellness and Fitness program for the Fire
Department employees; and
WHEREAS,both parties wish to extend the agreement for fifty (50) additional days;
NOW,THEREFORE,be it agreed by the parties that the agreement is hereby extended for fifty(50)
additional days to end August 31, 2006.
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this day of
July, 2006.
CITY OF J ON,MISSOURI CAPITAL REGION MEDICAL CENTER
May e: U ti u1 -U ; M wvt
C0 Vn a;
AT S ATTE T:
k,
Ci y Clerk Title
APP AS RM: t�• �� ��
City ounselor
HAContract FilesTrofessional Services\Capital Region Medical CenterWnendment 06-07.wpd
F
RE C..EIVE
AUG - 3 2006
LEGAL DEPARTMIENT
CITY OF JEFFERSOP{