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Home My WebLink AboutContract 39376 Y SECRETARY " SERVICES AGREEMENT =®NTRACT NO, � THIS SERVICES AGREEMENT (the "Agreement") is effective March 1, 2009 ("Effective Date") and is made and entered into by and between HARRIS METHODIST FORT WORTH DB/A TEXAS HEALTH HARRIS METHODIST HOSPITAL FORT WORTH ("Hospital"), a Texas non-profit corporation, and the CITY OF FORT WORTH, a home-rule municipal corporation of the State of Texas ("Customer"). RECITALS WHEREAS, Hospital is in the business of providing health services; and WHEREAS, Customer desires for Hospital to provide health services to its executives, and Hospital is willing to provide such services; and WHEREAS, Hospital and Customer are presently parties to an Agreement for Services, the same being City Secretary Contract 33068; and WHEREAS, Hospital and Customer wish to enter into this new Agreement to replace and supersede City Secretary Contract 33068. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Services to be Provided. Hospital hereby agrees to provide to Customer the services described on Exhibit A, which is attached hereto and incorporated herein for all purposes as though it were set forth at length(the "Services"). 2. Term and Termination. 2.1 Term. This Agreement shall apply to Services rendered between March 1, 2009 and shall continue through February 28, 2011, unless sooner terminated as provided for herein. 2.2 Termination. Either party may terminate this Agreement at any time with or without cause upon thirty (30) days' written notice to the other party. 3. Compensation. Customer agrees to pay Hospital the compensation at a rate of up to $500 per covered employee per year as set forth in Exhibit A. Service fees exceeding $500 shall be paid by the covered employee at the time Services are rendered. It is Customer's responsibility to notify its covered employees of the Service rates and payment expectations. Payments shall be made on or about the first day of the month following the month the Services were provided, but in no event later than the 20`h day of each month, during the term of this Agreement. 4. Insurance Coverage. Hospital agrees to carry insurance covera e wi -� arrttmrr�Sv"e ge amounts as follows: OFFICIAL RECOR® 1 CITY SECRETARY . WORTH,TX Professional Liability Insurance covering Hospital, its employees, and any other persons contracting with Hospital for the Services hereunder. Said policies shall contain minimum limits of liability of$1,000,000 per claim/occurrence and $3,000,000 in the aggregate. Worker's Compensation and Employers' Liability Insurance covering its statutory and legal obligations for employee job related injuries or illnesses. Said policy shall provide for statutory benefits and contain minimum limits of liability of$500,000.00 per accident. 5. Miscellaneous. 5.1 Amendment. This Agreement may not be altered, amended, or modified except by a written document executed by both parties. 5.2 Assignment. Neither party may assign or transfer this Agreement, or any portion thereof, without the prior written consent of the other party. Any attempted assignment or transfer of this Agreement or any portion thereof without such written consent will void this Agreement. However, Hospital shall have the power and right to assign its interest in the Agreement to any successor-in-interest of Hospital or to any subsidiary, parent corporation, sponsor, wholly owned or controlled affiliate of Hospital. 5.3 Attorneys' Fees and Costs. If either party brings an action to enforce its rights under this Agreement, each party is responsible for its own costs and attorneys' fees. 5.4 Entire Agreement. This Agreement (including any attachments, exhibits, and schedules) constitutes the entire agreement between the parties, and supersedes any and all prior and contemporaneous oral or written understandings. 5.5 Governing_Law, Jurisdiction and Venue. This Agreement shall be governed by, construed and enforced in accordance with the substantive laws of the State of Texas (but not including its conflict of laws rules if and to the extent such rules would apply the substantive laws of another jurisdiction). Venue for litigation of any dispute arising under this agreement or any lawsuit to enforce or interpret this Agreement shall be in an appropriate court located in Tarrant County. 5.6 Medicare Access to Records. To the extent required by Section 1395x(v)(1)(1) of Title 42 of the United States Code, until the expiration of four years after the termination of this Agreement, Hospital shall, upon written request, make available to the Secretary of the United States Department of Health and Human Services, or to the Comptroller General of the United States General Accounting Office, or to any of their duly authorized representatives, a copy of this Agreement and such books, documents, and records as are necessary to certify the nature and extent of the costs of the services Contractor provided under this Agreement. 5.7 Notices. Any notice, request, or other communication required under this Agreement shall be in writing and shall be deemed to have been given or made if delivered personally, by overnight delivery service, by United States mail, to the parties at the following addresses, or at such other addresses as shall be specified in writing by Services Agreement—CFW and Harris Methodist Fort Worth either of the parties to the other in accordance with the terms and conditions of this subsection: If to Hospital: If to Customer: Texas Health Fort Worth City of Fort Worth Attn: Oscar L. Amparan, President Karen Montgomery,Asst City Manager 1301 Pennsylvania Avenue 1000 Throckmorton Street Fort Worth, Texas 76104 Fort Worth,Texas 76102 Copy to: Copy to: Legal Department City Attorney's Office Texas Health Resources 1000 Throckmorton 612 E. Lamar Avenue, Suite 900 Fort Worth,Texas 76102 Arlington, Texas 76011 Attn: General Counsel 5.8 Relationship of Parties. Each party shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of the other party. Hospital shall have exclusive control of and the exclusive right to control the details of the Services performed hereunder, and all persons performing 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 Customer and Hospital or their respective officers, agents, servants, employees, or subcontractors. Nothing herein shall be construed as creating a partnership or joint enterprise between Customer and Hospital. It is expressly understood and agreed that no officer, agent, servants, employee, or subcontractor of either party is in the paid service of the other party. Neither Customer nor Hospital has the right to bind the other party hereto. 5.9 Severability. Should any clause or provision of this Agreement be held or ruled unenforceable or ineffective by a court of law, such a ruling will in no way affect the validity or the enforceability of any other clause or provision contained herein. IN WITNESS WHEREOF, on the dates set forth herein below: HARRIS METHODIST FORT WORTH CITY OF FORT WORTH DB/A TEXAS HEALTH HARRIS METHODIST H SPITAL FORT WORTH Joseph De Le n, Vice-President Karen Montgomery, Assist t City M ger Date: )- D` Date: `� rov s to Form_ : Rebecca Tucker, Director of Ambulatory Clinics/Physician Services 7-44ate: De i . ARREEQ lroy, Assistant City Attorney -= Aty° AMVW Form Qn'. N it OFFICIAL RECO�As Terri A.DeSio • ��pppp��// S;;oi-Attornev i s VLV" �hF and Harris Methodist Fort Worth Marty Hendrix, ity Secretary WORTH,TX EXHIBIT A 1. Hospital shall provide the following Services to Customer for the following Compensation to be paid by Customer: The following examinations and tests may be performed according to the stated age guidelines: Customized Package (male or female) -$500 • Medical History /Physical Examination • Blood Profile/Comprehensive Labs • Prostate Specific Antigen(PSA), male only • Electrocardiogram (EKG) • Stress Treadmill EKG • Body Composition/Waist-Hip/BMI • Chest X-ray or Pulmonary Function Test • Auditory Test or Vision Screen • Mammogram,female only • Pap Smear,female only • Nutrition Consultation/Diet analysis • Consultation with Physician (Customized Report) Healthy Heart Package-$500 • Medical History/Physical Examination • Blood Profile/Comprehensive Labs • Advanced Lipid Test • High sensitivity C-Reactive Protein • Homocysteine • Prostate Specific Antigen(PSA), male • Electrocardiogram (EKG) • Stress Treadmill EKG • Body Composition/Waist-Hip/BMI • Nutrition Consultation/Diet Analysis • Consultation with Physician/Customized Report Imaging Services(individually priced) • Heart Scan, $529.75 • Lung Scan, $422.75 • Abdomen Scan, $422.75 • Pelvis Scan, $422.75 • Virtual Colonoscopy CT Scan, $957.75 Health Scan Package (includes heart, lung, abdomen&pelvis scans),$1,348.25 Discovery Package (includes all scans), $2,086.50 Services Agreement—CFW and Harris Methodist Fort Worth • Employer agrees to pay the first$500 of charges under this Agreement. Employee shall be responsible for all charges exceeding$500,which shall be due and payable,in full,at the time services are rendered. • In the event an employee chooses to have a preventative scan without a physical exam,a referral from the employee's physician shall be required (with one exception—preventative heart scans if all Texas Department of Health requirements are met). i Coronary Risk Factors: Cigarette smoking,Hypercholesterolemia,Hypertension,Diabetes,Positive family history of youthful heart disease,sedentary lifestyl Services Agreement—CFW and Harris Methodist Fort Worth