1994-044FILE REFERENCE FORM 94-044
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILES llate initials
Contract Renewal Letter (original is attached) 12/22/94 JR
Assignment and Transfer of Contract [Resolution No. R95-059] 09/19/95 )R
Contract Renewal Letter (original is attached) 01/05/96 JR
' E:\WPDOCS\ORD\HEAIT H,. RSK ,
~ ~ NOTE: Amended by Resolution No. R95-059.
1996 Contract Renewal Letter attached.
ORDINANCE NO. ( _! - ~/" ]'
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH DYNAMIC HEALTH & PERFORMANCE
INC. FOR PROFESSIONAL SERVICES RELATING TO HEALTH SCREENING OF
EMPLOYEES OF THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
THE COIINCIL OF THE CITY OF DENTON HERESY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute an agreement between the City of Denton and Dynamic Health
Performance Inc. for professional services relating to health
screening of employees of the City of Denton, under the terms and
conditions, contained in said agreement, which is attached hereto
and made a part hereof.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the"" day of 1~ 1994.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
SERVICE CONTRACT
THIS CONTRACT, made and entered into by and between Dynamic
Health & Performance Inc., 6320 LBJ Freeway, Suite 121 Dallas,
Texas 75240 hereinafter referred to as the "Contractor" and the
City of Denton, Texas, hereinafter referred to as the "City", shall
become effective on the date of the last signature of any of the
parties hereto.
WHEREFORE, for and in consideration of the payments and mutual
covenant contained herein, and for other good and valuable con-
sideration, the parties agree as follows:
I.
A. WORK. The contractor shall perform services in accordance
with this Service Contract, the City of Denton's Human Resources
Department's "Request for Proposals", and the Contractor's bid pro-
posal, titled City of Denton Employee Wellness Proposal RFP #1597
dated February 18, 1994. Each of these documents are made a part
hereof by reference. A copy of each document except for the
Contractor's bid proposal is attached. A copy of the Contractor's
bid proposal is kept on file in the administrative offices of the
Human Resource s. Department. To the extent there is any conflict or
ambiguity between these documents, this Contract shall control.
The Contractor shall provide the following requested health
screening services:
A. Health screening of all eligible, as determined. by City, full-
time and part-time employees and other eligible dependents, as
directed by City. The screening must be conducted on-site
using only registered nurse(s) for administration and interpre-
tation of health questionnaire. Blood samples will be drawn by
certified phlebotomists. The screening will include the
administering the following tests and gathering the following
information:
r
1. Administering a Heath questionnaire which elicits data
regarding age, sex, height and weight, history, attitudes,
and habits regarding health, nutrition, exercise, drug use,
stress, mental health, interpersonal relationships, and
work.
2. Ascertaining each participant's resting blood pressure.
3. Obtaining a blood chemistry from each participant with the
following assessments:
a. Total cholesterol
b. HDL cholesterol
c. Triglycerides with calculated LDL
d. HDL/LDL ratio
e. Glucose (diabetes)
f. Hematocrit (anemia)
g. GGTP (liver function)
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4. Administering a self-administered stool test (age 50 and
over and any participant who has a family history of
colorectal cancer).
5. Ascertaining each participant's percent body fat.
6. Recording each participant's height and weight.
B. Individual reports on each participant.
Health evaluations shall be reviewed by a physician licensed to
practice medicine in the State of Texas and contain a discus-
sion of each health factor and the results, interpretations,
and recommendations for each test conducted in the health
screening. The evaluation should explicitly and succinctly
document the potential for health risk of each participant.
C. Individual visitations - the registered nurse will personally
visit with each individual participant to discuss the results
of the health risk assessment.
D. Provide individual and group health education and literature.
E. Submit monthly written reports of activity and accomplishments
to the Director of Human Resources.
F. Health risk assessment conducted by registered nurse.
During the individual visitation with each participant, the
registered nurse is strictly prohibited from referring any
participant to be found at risk to contractors, physicians,
specialists, and programs associated with the facility and its
corporate divisions. If it is found that significant health
risks exist, or if a participant wants a second opinion as to
the validity of a test result, he/she should be referred to
their personal family physician or physician of his choice. If
the participant does not have a personal physician, he/she
should be referred to a doctor's referral service for assis-
tance.
G. Prepare a summary report of the City of Denton participants
electing to participate in the Wellness Program. Results shall
be:
1. Aggregated for each test/health factor against a standard-
ized population.
2. Statistics shall be provided for each test/health factor
for the City as a whole by sex, age groups of 18-25, 26-35,
36-45, 46-55, 56+, and by department and division.
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3. A narrative shall accompany each factor describing that
factor's significance, the City of Denton results, and
corrective measures.
H. The summary report shall make recommendations of priority needs
based upon the results of the health screening for the City of
Denton Wellness Program.
I. The Contractor shall submit a cost benefit analysis of the
economic and non-economic benefits of corrective measures.
J. The Contractor shall document the financial implications of the
health screening and provide data on potential losses and
decreased productivity due to chronic health problems, absen-
teeism, or accidents.
K. The Contractor shall submit an executive summary of the status
of wellness among City of Denton employees. Prepare for and
conduct presentation to Executives and City Council, if
requested.
Ii.
COMPENSATION. The City shall compensate the Contractor
subject to the terms and conditions of this Contract:
Up to 450 participants - $45.00 per participant
451 and over - $43.00 per participant
All other services will be provided at no charge. This Contract
may be terminated at any time by either party upon thirty (30) days
written notice to the other.
III.
TERM. The term of this Contract shall commence on the date of
the last signature of any of the parties hereto and continue for
one year or until terminated.
RENEW. Contractor further agrees the City may at its option,
extend and amend the terms and conditions of this Contract for 2
successive 12 month terms if the City's City Manager and contractor
mutually agree on the amendments and that Contractor's prices for
the services do not increase more than 10% for each new term.
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APP004FC
IV.
A. LOSSES FROM NATURAL CAUSES. Unless otherwise specified,
all loss or damage to the Contractor arising out of the nature of
the work to be done, or from the action of the elements, or from
any unforeseen circumstance in the prosecution of the same, or from
unusual obstructions or difficulties which may be encountered in
the prosecution of the work, shall be sustained and borne by the
Contractor at its own cost and expense.
B. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC.
The Contractor shall at all times exercise reasonable precautions
for the safety of employees and others on or near the work site and
shall comply with all applicable provisions of Federal, State, and
Municipal safety laws. The safety precautions actually taken and
their adequacy shall be the sole responsibility of the Contractor,
acting at its discretion as an independent contractor.
IV.
PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, EMPLOYEES, AND
FURNISHERS OF EQUIPMENT AND SUPPLIES. The Contractor agrees that
it will defend, indemnify, and hold the City harmless from all
claims growing out of the lawful demands of sub-contractors, its
employees, and furnishers of equipment and supplies incurred in the
furtherance of the performance of this Contract.. When so desired
by the City, the Contractor- shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been
paid, discharged, or waived. If the Contractor fails to so do,
then the City may, at the option of the Contractor, either pay
directly any unpaid bills, of which the City has written notice, or
withhold from the Contractor's unpaid compensation a sum of money
deemed reasonably sufficient to liquidate any and all such lawful
claims until satisfactory evidence is furnished that all liabili-
ties have been fully discharged, whereupon payments to the Contrac-
tor shall be resumed in full in accordance with the terms of this
Contract; but, in no event shall the provisions of this sentence be
construed to impose any obligation upon the City by either the
Contractor or its surety.
V.
LAWS AND ORDINANCES. The Contractor shall at all times observe
and. comply with all Federal, State, and local laws, ordinances, and
regulations which in any manner affect the Contract or the work;
and shall defend, indemnify, and hold harmless the City against any
claim arising from the violation of any such laws, ordinances, and
regulations, whether by the Contractor or its employees, agents, or
subcontractors. If the Contractor observes that the work is at
variance therewith, it shall promptly notify the City in writing.
If the Contractor performs any work, knowing it to be contrary to
such laws, ordinances, rules and regulations, and without such
notice to the City, it shall bear all costs arising therefrom.
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APP004FC
VI.
ASSIGNMENT AND SUBLETTING. The Contractor further agrees that
it will retain personnel to control, and will give its personal
attention to fulfillment of this Contract,, and that it will not
assign by Power of Attorney, or otherwise, or sublet said Contract
without the written consent of the City, and that no part or
feature of the work will be sublet to anyone objectionable to the
City. The Contractor further agrees that the subletting of any
portion or feature of the work or materials required in the per-
formance of this Contract shall not relieve the Contractor from its
full obligations to the City as provided by this Contract.
VII.
INDEMNIFICATION. The Contractor shall defend, indemnify, and
hold harmless the City and its officers, agents, and employees from
and against all damages, claims, losses, demands, liability, suits,
judgments and costs, including reasonable attorney's fees and
expenses arising out of or resulting form the performance of the
work, provided that any such damages, claims, losses, demands,
suits, judgments costs or expenses:
(1) Are attributable to bodily injury, sickness, disease,
death, or injury to or destruction of tangible property
including the loss of use resulting therefrom; and
(2) Are caused in whole or in part by any negligent act or
omission of the Contractor, subcontractor, or anyone
directly or indirectly employed by any one of them or
anyone for those acts any of them may be liable, regardless
of whether or not it is caused in part by a party indemni-
fied hereunder.
VIII.
INSURANCE. Without limiting any other
ties of the Contractor, the Contractor and
their own expense shall, during the term of
and maintain the hereinafter stipulated min
insurance with companies duly licensed to
State of Texas and rated A- or better by P
of each policy, together with a statement
that said policy shall not be canceled w
prior notice being given to the City of Deg
to the City of Denton before the subject o:
es. The limits of this policy shall be a
Such policy shall also name the City as ar
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obligations or liabili-
each subcontractor, at
this Contract, purchase
mum medical malpractice
do business within the
.M. Best. Certificates
by the issuing company
.thout thirty (30) days
iton, shall be delivered
' this Contract commenc-
minimum of $1,000,000.
additional insured.
APP004FC
IX.
HINDRANCES AND DELAYS. No claims shall be made by the Contrac-
tor for damages resulting from hindrances or delays from any cause
during the progress of any portion of the work embraced in this
Contract.
X.
NOTICE. Any notice or other written instrument required or
permitted to be delivered under the terms of this Contract shall be
deemed to have been. delivered, whether actually received or not,
when deposited in the United States mail, postage prepaid, reg-
istered or certified, return receipt requested, addressed to Con-
tractor or City, as the case may be, at the following addresses:
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APP004FC
CITY
City of Denton, Texas
ATTN: City Manager
215 E. McKinney
Denton, TX 76201
CONTRACTOR
Dynamic Health & Performance, Inc.
Attn: Rebecca Bender
6320 LBJ Freeway, Suite 121
Dallas, Texas 75240
Either party may change its mailing address by sending notice
of change of address to the other at the above address by certified
mail, return receipt requested.
XI.
THIS CONTRACT SHALL BE BINDING UPON THE PARTIES HERETO, their
successors, heirs, personal representatives, and assigns.
XII.
PAYMENT OF INVOICES. Normal payment terms are net thirty (30)
days from the invoice receipt date unless otherwise identified by
the vendor and accepted by the City. A minimum of ten (10) days is
normally required to process all payments. All checks are mailed
to the vendor and may not be picked up. The City may withhold
payment for services not properly performed.
IN WITNESS WHEREOF, the parties have executed this Contract in
the year and day as set forth above.
DYNAM HEALTH & PERFORMANCE CITY /DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: GC~t~.C./
The Director of Human Resources or his/her signee is hereby
authorized to execute the terms and conditio~/of this cgntract.
DATED: J gy
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APP004FC
CITY of DENTON, TEXAS DENTON MUNICIPAL COMPLEX • 601E HICKORY, SUITE A • DENTON, TEXAS 76205
(817J 566-8340 ~ DFW METRO 434-2529
December 22, 1994
Ms. Rebecca Bender
President
Dynamic Health and Performance, Inc.
6320 LBJ Freeway, Suite 121
Dallas, TX 75240
Re: City of Denton Health Risk Assessment Contract - 1995
Renewal
Dear Rebecca:
It is with great enthusiasm that I write you to outline our
agreements for a second year of our working relationship with
Dynamic Health and Performance, Inc. As you know, from our
meeting on September 13th with the City Council, we have been
extremely pleased with the services of you and your staff in
this first year of our Employee Wellness Program. It is
through your extra hard work, effort, and coordination with
us that we achieved an over 55% voluntary participation level
in our first year. We are grateful for the high level of
customer service that you've demonstrated and we are looking
forward to another successful year in 1995!
Thank you for your proposed price options for the City of
Denton Health Risk Assessment and Wellness Program for 1995
provided during our meeting on September 7, 1994.
As we have discussed, this letter will serve as an amendment
to the contract with Dynamic Health and Performance, Inc.
executed with the City of Denton on March 24, 1994, and will
cover a new contract period of one year.
The following outlines our agreements for the new period in
which Dynamic Health will provide services:
1. The cost for each Health Risk Assessment (HRA) provided
will increase as follows:
$49.60 for up to 450 employees
$47.40 for 451 employees and over
2. The follow-up confidential individual health and
wellness consultation visits with the nurse will increase
to 20 minutes per employee
"Dedicated to Quality Service"
Rebecca Bender
December 22, 1994
Page 2
In addition to City-wide Executive Summary and Group
Reports on HRA results, Dynamic Health and Performance
will provide the following Executive Summary and Group
departmental reports at no additional cost to the City:
- City Management and Others
- Fire
- Police
- Planning
- Finance
- Transportations & Engineering
- Parks and Recreation
- Library
- Solid Waste
- Electric
- Water/Waste Water
Any additional sorts of the data that are agreed upon
will be of the rate of $50 per report series (Executive
Summary and Group Report).
The same arrangements will continue for the 1995 program,
i.e., City of Denton Wellness Committee members and other
staff will coordinate a schedule with Dynamic Health for
collection of employee questionnaires, blood work, height,
weight, etc., and coordination of follow-up visits with the
nurse(s). There will be agreed upon, scheduled dates, times,
locations, etc. for the primary employee participation
program (most likely in April or May 1995) and one additional
follow-up participation program (likely in July 1995).
The same invoice and payment arrangements will continue as we
practiced this year.
All other terms and conditions of the contract remain in
effect.
It is with the authority of the City Council and City Manager
that I am altering the terms and conditions of our contract
as outlined.
We are looking forward to our spring program with excitement
and anticipate more employee participation. Hopefully, this
will mean those employees who participated this year will
show much improvement. We expect to see even more employees
participate and that those will improve as they have an
increased awareness of their level of health and wellness.
Rebecca Bender
December 22, 1994
Page 3
If you are in agreement with these new terms and conditions,
please indicate with your signature below.
x ~ ~ ' d"~¢~Qf-~
Thank you, again.
Sincerely,
Thomas .. KIC
Director of Human Resources
dhe7th95.tk
9/20/94
cc: Ms. Betty McKean - Executive Director
Mr. Lloyd Harrell - City Manager
CITY OFDENTON, TEXAS 601 EASTHICKORYSTREET SUITEA • DENTON, TEXAS 76205 817-566-8340
January 5, 1996
Ms. Rebecca Bender
Regional Wellness Manager, Southwest
Pacificare Wellness Co.
6320 LBJ Freeway, Suite 121
Dallas, TX 75420
RE: City of Denton Health Risk Assessment Contract - 1996 Renewal
Dear Rebecca:
• I am happy to be writing you to outline our agreement for a third
year with Pacificare Wellness, formerly Dynamic Health and
Performance, Inc.. I want to thank you and your staff for your
high level of customer service and hard work in the coordination
and completion of the Health Risk Assessments over the past two
years. I am especially appreciative of your continued assistance
in aiding the City of Denton achieve it's goals for the Wellness
Program and look forward to working with you for another year in
1996.
As you have discussed with Craig, this letter will serve as an
amendment to our contract with Pacificare Wellness Co., formerly,
Dynamic Health and Performance, Inc., executed with the City of
Denton on March 24, 1994, and will cover our third contract period
of one year.
The attached letter dated December 22, 1994, outlines our
understanding and agreement for the new period in which Pacificare
Wellness will provide services. The only difference being the
following:
1. The cost for each Health Risk Assessment (HRA) provided
will be as follows:
$49.50 for up to 450 employees
$47.30 for 451 employees and over
• APPOOASC.wpS
"Dedicated to Quality Service"
• Ms. Rebecca Bender
Pacificare Wellness Co. 3rd Year Renewal
January 5, 1996
Page 2
2. Individual Progress Reports @ $2.50 each (contingent upon
level of participation and agreement prior to printing).
Q ~ 3. Co.,.-l-i r.~e~.~- ~1~1 sa o v,a~s frog, i „~c ~tiidual censO l +~iiZ n12, -~-u Hds w ; ~ l h e al l o urGad -~
'` ~n-tert',~~,~, r r ro • avvi s :~v I I o w i -~¢ -~-eevH ,
I have included tw~originals,~f you are~in agreement with the
terms and conditions, please indicate with your signature below and
return one signed original.
X ,iv.~~u.(",.
Rebecca Bender
Regional Wellness Manager
Southwest Region
Thank you, again.
Sincerely,
• \~
Thomas W. Klinck
Director of Human Resources
attachments
CC: Ms. Betty McKean - Executive Director MS/ED
Mr. Rick Svelha - Acting City Manager
APPOOASC.wpS