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HomeMy WebLinkAboutContract 43992 (2)• CITY SECRETARY CONTRACT NO. tl3otti.. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into by and between THE CITY OF FORT WORTH, a home -rule municipal corporation of the State of Texas ("City"), acting by and through its duly authorized Assistant City Manager, and COVER-TEK, INC. ("Contractor"), a Texas corporation acting by and through its duly authorized President. 1. Services. a) Contractor will, with good faith and due diligence, administer certain diagnostic health -risk -assessment testing in connection with the City's Wellness program. In particular, Contractor will perform all duties outlined and described in the Scope of Work, which is attached hereto as Exhibit "A" and incorporated herein for all purposes as though it were set forth at length. The actions and objectives contained in Exhibit "A" are referred to herein as the "Services." b) Contractor shall perform the Services in accordance with standards in the industry for the same or similar services. In addition, Contractor shall perform the Services in accordance with all applicable federal, state, and local laws, rules, and regulations. 2. Term. Services shall be provided by Contractor for a term of one year, beginning January 1, 2013, and ending December 31, 2013, unless terminated earlier in accordance with Section 4 of this Agreement. This Agreement may be renewed for up to four additional one-year periods by mutual written agreement of the Parties. 3. Compensation. a) Fee As full and complete compensation for all Services outlined in Exhibit A and actually provided to the City, Contractor shall be paid unit with the billable units consisting of the following: 72--20-12 P03:19 IN asec� com ensat' �FFiC1AL� RE��b CrrX SECRETARY Ho NORTH, Th Professional Services Agreement with Cover-Tek, Inc. Page 1 of 15 Service Unit Price Lab Services — lipid panel with glucose screening $18.50 Lab Services — hemoglobin HbAlc screening $19.75 Contract Staff Hours $17.00 The listed unit prices include all costs and expenses associated with provision of the Services, and City shall not be otherwise liable for payment of any expense that Contractor incurs. Contractor's total fee for the term of the Agreement shall not exceed Two Hundred and Fifty Thousand Dollars ($250,000.00). Contractor shall not perform services for the City in excess of this amount unless the parties execute a signed, written amendment increasing the amount. The City shall not be liable for any additional payment to Consultant absent a signed, written amendment. b) Structure of Payments i. The Contractor shall submit signed monthly invoices to the City, said invoice to summarize the number of each type of lab service units provided during the preceding month and the number of staff hours provided during the month along with the a brief description of the nature of the work performed. If the City requires additional reasonable information related to any requested payment, the City shall request the same promptly after receiving the above information, and the Contractor shall provide such additional reasonable information to the extent the same is available. ii. Invoices shall be submitted no later than the 15th day following the end of the month and sent to Vicki Tieszen, 100 Throckmorton, Fort Worth, Texas 76102. Invoices are due and payable within 30 days of receipt. iii. On full and final completion of the Services, Contractor shall submit a final invoice, and City shall pay any balance due within 30 days of receipt of such invoice. Professional Services Agreement with Cover-Tek, Inc. Page 2 of 15 iv. In the event of a disputed or contested billing, only the portion being contested will be withheld from payment, and the undisputed portion will be paid. City will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until the contest has been mutually resolved. v. For contested billings, the City shall make payment in full to Contractor within 60 days of the date the contested matter is resolved. If City fails to make such payment, Contractor may, after giving 7 days' written notice to City, suspend services under this Agreement until paid in full, including interest calculated from the date the billing contest was resolved. In the event of suspension of Services, Contractor shall have no liability to City for delays or damages caused to City because of such suspension of services. 4. Termination Ftither Party may terminate this Agreement at any time, with or without cause, by providing the other Party with thirty (30) days' written notice of termination. In the event this Agreement is terminated prior to expiration of the Teen, City shall pay Contractor only for Services actually rendered as of the effective date of termination. In the event this Agreement is terminated prior to expiration of the Term, Contractor shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination 5. Indenendent Contractor. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Contractor shall have exclusive control of and the exclusive right to control the details of the Services performed hereunder and all persons perfouning same and shall be solely responsible for the acts and omissions of its officers agents, servants employees, and subcontractors. The doctrine of respondeat superior shall not apply as between the City and Contractor, its officers, agents, servants, employees, or subcontractors. Nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and Professional Services Agreement with Cover-Tek, Inc. Page 3 of 15 agreed that no officer, agent, servants, employee, or subcontractor of Contractor is in the paid service of City. 6. Liability and Indemnification. CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CONTRACTOR AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (1) CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (11) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONTRACTOR AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. Contractor shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. This section shall survive the expiration or termination of this Agreement. 7. Confidential and Proprietary Information. The City acknowledges that Contractor may use products, materials, or methodologies proprietary to Contractor. The City agrees that Contractor's provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials, or methodologies unless the Parties Professional Services Agreement with Cover-Tek, Inc. Page 4 of 15 have executed a separate written agreement with respect thereto. Contractor, for itself and its officers, agents, servants, employees, and subcontractors, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to any third party without the prior written approval of the City. Notwithstanding the foregoing, Contractor understands and agrees that the City is a public entity under the laws of the State of Texas, and as such, is subject to various public information laws and regulations, including, but not limited to, the Texas Public Information Act, Chapter 552 of the Texas Government Code (the "Act"). Contractor acknowledges that, under the Act, the following information is subject to disclosure: 1) all documents and data held by the City, including information obtained from the Contractor, and 2) information held by the Contractor for or on behalf of City that relates to the transaction of City's business and to which City has a right of access. If the City receives a request for any documents that may reveal any of Contractor's proprietary information under the Act, or by any other legal process, law, rule, or judicial order by a court of competent jurisdiction, the City will utilize its best efforts to notify Contractor prior to disclosure of such documents The City shall not be liable or responsible in any way for the disclosure of information not clearly marked as "Proprietary / Confidential Information" or if disclosure is required by the Act or any other applicable law or court order In the event there is a request for such information, it will be the responsibility of Contractor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by the City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 8. Insurance. During the term of this Agreement, Contractor shall procure and maintain at all times, in full force and effect, a policy or policies of insurance that provide the specific coverage set forth in this Section as well as any and all other public risks related to Contractor's performance of its obligations under this Agreement. Contractor shall specifically obtain the following types of insurance at the following limits: • Errors & Omissions (Professional Liability): Professional Services Agreement with Cover-Tek, Inc. Page 5 of 15 If coverage is written on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state that the coverage is claims -made and include the retroactive date. The insurance shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence coverage. Coverage shall be in the following amounts: (1) $1,000,000.00 per occurrence or claim (2) $1,000,000.00 aggregate Contractor shall promptly provide the City with certificates of insurance that verify Contractor's compliance with the insurance requirements of this Agreement. The City's Risk Manager shall have the right to review and evaluate Contractor's insurance coverage and to make reasonable requests or revisions pertaining to the types and limits of that coverage. Contractor shall comply with such requests or revisions as a condition precedent to the effectiveness of this Agreement. 9. Assignment Contractor may subcontract with Quest Diagnostics Laboratory Clinical Laboratories, Inc. ("Permitted Subcontractor") to provide laboratory analysis associated with fulfillment of Contractor's duties under this Agreement; however, Contractor shall retain ultimate responsibility for ensuring that all duties are fulfilled and all obligations met. With the exception of engaging the services of the above -named Permitted Subcontractor, Contractor shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment of subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement If City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement The Contractor and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Contractor Professional Services Agreement with Cover-Tek, Inc. Page 6 of 15 referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Contractor under this Agreement as such duties and obligations may apply. The Contractor shall provide the City with a fully executed copy of any such subcontract. 10. Compliance with Law. Contractor, its officers, agents, servants, employees, and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances rules and regulations of City. It is agreed and understood that if City calls to the attention of Contractor any such violation on the part of Contractor or any of its officers, agents, servants, employees, or subcontractors, then Contractor shall immediately desist from and correct such violation 11. Non -Discrimination. In the execution, performance, or attempted performance of this Agreement, Contractor will not discriminate against any person or persons because of disability, age, familial status, sex, race, religion, color, national origin, or sexual orientation, nor will Contractor pennit its officers, agents, servants, employees, or subcontractors to engage in such discrimination. This Agreement is made and entered into with reference specifically to Chapter 17, Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Contractor hereby covenants and agrees that Contractor, its officers, agents, employees, and subcontractors have fully complied with all provisions of same and that no employee or employee -applicant has been discriminated against by either Contractor, its officers, agents, employees, or subcontractors. 12. Right to Audit. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. Professional Services Agreement with Cover-Tek, Inc. Page 7 of 15 Contractor further agrees to include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give subcontractor reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement 13. Fiscal Funding. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 14. Venue and Jurisdiction. Should any action, whether real or asserted, at law or in equity, anse out of the execution, perfonnuance, attempted performance of this Agreement, venue for said action shall he in Tarrant County, Texas. 15. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other Party shown below: Susan Alanis, Assistant City Manager Allison Patterson City of Fort Worth Cover-Tek, Inc. 1000 Throckmorton St 551 Silicon Drive, Suite 100 Fort Worth, Texas 76102 Southlake, Texas 76092 (817) 392-6183 16. Solicitation of Employees. Neither the City nor Contractor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment Professional Services Agreement with Cover-Tek, Inc. Page 8 of 15 or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. 17. Non -Waiver. The failure of either Party to insist upon the perforruance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or Contractor's right to assert or rely on any such term or right on any future occasion 18. Disclosure of Conflicts. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's provision of the Services In the event that any conflicts of interest arise after the execution of this Agreement, Contractor hereby agrees to make full disclosure to the City in writing immediately upon learning of such conflict 19. Diversity Business Enterprise. In accordance with the City Code, the City has goals for the participation of diverse business enterprises in City contracts. Contractor acknowledges the goal established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. 20. Governmental Powers. Both Parties agree and understand that the City does not waive or surrender any of its governmental powers by execution of this Agreement. 21. Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 22. Force Maieure If either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts Professional Services Agreement with Cover-Tek, Inc. Page 9 of 15 of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law* issuance of a Level Orange or Level Red Alert by the United States Department of Homeland Security; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the Party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. 23. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 24. Review of Counsel. The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 25. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 26. Signature Authority. The person signing this Agreement hereby warrants that he or she has the legal authority to execute this Agreement on behalf of his or her respective Party, and that such binding authority has been granted by proper order resolution, ordinance or other authorization of the entity. The other Party is fully entitled to rely on this warranty and representation in entering into this Agreement. 27. Entire Agreement This written instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the Parties concerning the work Professional Services Agreement with Cover-Tek, Inc. Page 10 of 15 and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. EXECUTED in multiple originals on this, the I ny of KJ , 2012. CITY OF FORT WORTH, TEXAS ii(b9/ Susan Alanis Assistant City Ma age Date Signed: ta �) I I �-- i ATTEST: Mary Kayser City Secretary Oa • *Cr *OR 14 pa‘aktik " YOC In U EAo riboo 142t) APPROVED AS TO FORM \ *0 AND LEGALITY: Denis C. Mc F rc y Assistant City Attorney M&C: 1 P.4 GQ COVER-TEK, INC. Allison Patterson President H Date Signed: 9� 0.0�� coo oei0 g z 00 * � M "4411471:1,"ci'V 0,rat SS: __ OFFICIAL RECORiiI CITY SECRETARY FT. WOkVi141,, Professional Services Agreement with Cover-Tek, Inc. Page 11 of 15 EXHIBIT A — SCOPE OF WORK In accordance with the terms of the Agreement and this Exhibit, Contractor shall provide comprehensive "turn -key" health screening services to include administrative planning setup, organization, event performance, data and sample collection, event control and administration, laboratory transfers, and post -event consultation. Contractor shall be responsible for providing all necessary personnel, supplies, and equipment for each event. 1. STAFFING: Contractor shall provide professional medical and administrative staff in accordance with the following requirements. General Requirements All event staff shall be trained in all applicable federal and state health regulations, including, but not limited to, the Clinical Laboratory Improvement Amendments of 1988 (CLIA-88), the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules, and the Occupational Health and Safety Administration (OSHA) rules. Contractoi shall provide documentation of training to the City on request. Contractor shall be responsible for supervision of all staff assigned to work on -site at an event and ensuring that such personnel comport themselves in a courteous and professional manner and maintain confidentiality of participant infoiniation. Contractor shall ensure that all staff assigned to work on -site at an event have current certification in first aid, cardiopulmonary resuscitation (CPR), and operation of an automated external defibrillator. Contractor shall provide copies of all required certifications to the City on request. Contractor shall ensure that all staff assigned to work on -site at an event are in compliance with Contractor's drug and alcohol testing policies. Contractor shall provide documentation regarding its policies to the City on request. Administrative Staffing On request from the City, Contractoi shall provide up to five (5) administrative personnel at each event to augment City staff and volunteers and to conduct intake, assist with paperwork completion, review completed forms for completeness and accuracy, monitor processes, and perform additional administrative tasks as needed. Assessment Staffing In January of each year that the Agreement remains in effect, City shall provide Contractor with a Schedule of screening events for that year. The Schedule will indicate the times and dates of each event, the estimated participant numbers per event, and the required number and types of Contractor assessment personnel required for each event. Contractor shall provide assessment staffing for each event in accordance with the Professional Services Agreement with Cover-Tek, Inc. Page 12 of 15 requirements outlined in the applicable Schedule. Staff to be provided include Certified Medical Assistants (CMAs), Certified Phlebotomists, Emergency Medical Technicians (EMTs), Licensed Vocational Nurses (LVNs), Registered Nurses (RNs), and Personal Trainers. Student practitioners are not acceptable and may not be used in providing services. Venipuncture blood draws shall only be performed by CMAs, RNs, LVNs, Certified Phlebotomists, or EMTs. All staff performing venipuncture must be currently certified in phlebotomy, have at least five years consistent experience and be trained in CPR. Contractor shall provide documentation of these requirements to the City on request. All blood pressure readings will be performed by CMAs, RNs, or and LVNs. All biometric screenings will be performed by CMAs. All body composition screenings will be performed by CMAs or Personal Trainers. All specimens will be processed on site, within 2 hours of collection by CMAs All skin cancer screenings will be performed by CMAs, RNs, or and LVNs. 2. SUPPLIES• Contractor shall be responsible for providing all necessary supplies to conduct the events and to complete required assessments, sampling, and lab testing. Required equipment shall include, but not be limited to, the following: pre-printed City lab requisition forms, pens, pencils, privacy screens, hand sanitizer for all paperwork tables and biometric and blood draw stations, table cloths for biometric stations, gloves, gauze, OMRON HBF-306c electrical impedance monitors, alcohol, lotion, standard and extra -large arm and thigh blood pressure cuffs, battery operated digital read-out scales, SECA stadiometers (height measurement scales), tape measures of at least one hundred and twenty inches in length, needles, butterfly needles, finger -stick Cholestech machines, cotton padding, bandages tubes, biohazard disposal containers, clinical table covers for blood draw stations, absorbent pads for blood draw stations, on -site centrifuge and other required sample -processing equipment, all necessary extension cords and power strips for Contractor equipment, juice, water, ice, ice chests, other required venipuncture supplies, and supplies and additional specialty tables as requested by City for use by City staff and volunteers conducting intake and exit consultation. 3 ASSESSMENTS AND SAMPLING Contractor will provide the following assessments and sampling in accordance with the terms of the Agreement and this Exhibit. Professional Services Agreement with Cover-Tek, Inc. Page 13 of 15 Blood Pressure Blood Pressure readings will be taken manually. Blood Pressure results will be recorded at the commencement of the health screening process. If the initial reading is high, Contractor will recheck the participant again at the end of the screening process and record the additional results. Body Composition Contractor will assess participants' Body Composition by taking into account participants' age and gender and by measuring individuals' height and weight and testing body fat using electrical impedance monitors. Height/Weight/Hip and Waist Measurements will be taken by a medical assistant behind an individual privacy screen using scales, stadiometers, and tape measures. Blood Sampling Contractor will take blood samples from each participant and prepare the samples for lab processing to (i) generate lipid and glucose profiles (including total cholesterol (TC), high density lipids (HDL), triglycerides, glucose, and coronary risk ratio (TC/HDL)) and (ii) conduct hemoglobin Alc tests. Skin Cancer Screening Contractor personnel shall conduct a head -to -toe visual evaluation of each participant's skin for irregularities indicative of skin cancer or precancerous growths. 4. LAB SERVICES• All lab testing services shall be conducted by Quest Diagnostics Laboratory Clinical Laboratories, Inc as Contractor s authorized subcontractor. Contractor shall only utilize Quest Diagnostics' testing locations that have been certified as being in compliance with CLIA-88 and that maintain current CLIA licenses Contractor will provide copies of certification and licensing to the City on request. Contractor shall ensure that results are sent from Quest Diagnostics to Contractor in a confidential file for processing Contractor shall be responsible for ensuring the correct on -site processing of all lab specimens, transporting samples, and release of samples directly to a Quest Diagnostics courier daily. Contractor shall ensure that all lab testing is completed within five business days of the event. 5 RESULTS: Contractor shall provide the City with on -going on-line access to electronic results to allow real- time review of assembled data. Professional Services Agreement with Cover-Tek, Inc. Page 14 of 15 Paper copies of on -site assessment data will be provided to the City within 48 hours of initial screening. Contractor will notify the City via e-mail when lab results have been received. Contractor shall ensure that result data is uploaded within 24 hours of its receipt from the lab and shall notify the City via e-mail when the lab results are available for review. Paper copies of lab testing data will be provided to the City within 48 hours of Contractor receiving data from the lab. Contractor will contact the Wellness Program Manager directly regarding lab results that are critical. Contractor will not contact participants directly unless requested to do so by the City. Professional Services Agreement with Cover-Tek, Inc. Page 15 of 15 M&C Review Page 1 of 2 COUNCIL ACTION: Approved on 12/11/2012 DATE: 12/11/2012 REFERENCE NO.: CODE: SUBJECT: **P-11466 LOG NAME: PUBLIC HEARING Authorize Professional Services Agreement with Cover-Tek, Inc., for Employee and Retiree Health Screening Services for a Total Annual Amount Not to Exceed $250,000.00 (ALL COUNCIL DISTRICTS) Official site of the City of Fo t Worth Texas FORT WoRTI 13PEMPLOYEE AND RETIREE HEALTH SCREENINGS JR P TYPE' CONSENT NO RECOMMENDATION: It is recommended that the City Council authorize execution of a Professional Services Agreement with Cover-Tek, Inc., for employee and retiree health screenings for a total annual amount not to exceed $250,000.00. DISCUSSION: The Human Resources Department will use this Agreement for staffing, supplies, and health screening services for City's employees and retirees. Cover-Tek, Inc , will administer certain diagnostic health -risk -assessment testing in connection with the City's Wellness program. Participating personnel will be screened for glucose, triglycerides, total cholesterol, high density lipids (HDL), hemoglobin (HbA1c), and coronary risk. Blood pressure, height, weight, waist/hip ratio and percent body fat will also be screened The proposals were reviewed by an evaluation panel which consisted of staff from the Human Resources Department. Proposal evaluation factors included business plan and technical proposal, qualifications and references adherence to the Terms and Conditions of the Contract, financial stability and ability to obtain insurance and bonding, and cost. Cover-Tek Inc., presented the best evaluated proposal to the City. The City will only pay for as many screenings as are required, and no guarantee was made on the specific number of screenings to be purchased. Based on recent experience, the department anticipates spending at least $185,025 00 during the first year. However, participation levels have been increasing over time, and the additional contracting authority is recommended to ensure that the program can meet with growing needs. PRICE ANALYSIS ® The change in pricing is an increase of one percent compared to pricing that has been in effect since November 2007 as awarded by M&C P-10688. The price increase are for employee and retiree health screenings based on predicted participation rates for 2013, which is anticipated to be higher than 2012 Staff has reviewed the proposal and concluded that the prices are fair and reasonable. AGREEMENT TERMS - On Council's approval, the Agreement shall begin January 1, 2012 and remain in effect through December 31, 2012. RENEWAL OPTIONS - This Agreement may be renewed for up to four one-year options at the City's sole discretion. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. ADVERTISEMENT - The Request for Proposal (RFP) was advertised every Wednesday in the Fort http://apps.cfwnet.org/council_packet/mc review.asp?ID=17726&councildate=12/11/2012 12/12/2012 M&C Review Page 2 of 2 Worth Star -Telegram from September 5, 2012 through October 3, 2012 Eight vendors were solicited and six proposals were received. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of goods or services from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Group Health Insurance Fund. BQN\12-0299\JR TO Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers FE85 539120 0148500 $250.000.00 Susan Alanis (8180) Lena Ellis (8517) Jack Dale (8357) James Rodriguez (2057) http://apps.cfwnet org/council_packet/mc_review.asp?ID=17726&councildate=12/11/2012 12/12/2012