851-Workplace Fitness & Prevent ' OCT-2 PH
AGREEMENT BETWEEN
WORKPLACE FITNESS AND PREVENTION
AND
CITY OF SANFORD, FLORIDA
THIS AGREEMENT is entered into this lst..day of Sel~tember 2000, by and between THE CITY
OF SANFORD, a political subdivision of the State of Florida, whose address is 300 North Park
Avenue, Sanford, Florida 32771, hereinafter referred to as "CITY," and the WORKPLACE
FITNESS AND PREVENTION INC., a corporation organized under the laws of the State of
Florida, whose corporate address is 5122 La Croix Ave. Orlando, Florida, 34812, hereinafter
referred to as the "SAFETY CONSULTANT".
WITNESSETH:
WHEREAS, the CITY finds that provision of services for Workers Compensation Risk
Assessment and Containment Program is a valid CITY purpose under the laws of the State of
Florida; and
WHEREAS, the CITY has selected the SAFETY CONSULTANT through CITY approved
Procurement Procedures; and
WHEREAS, it is the desire of the parties to enter into a contract setting forth the duties
and responsibilities of the parties.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for
other goods and valuable consideration provided by each party hereto, the parties agree as
follows:
Section 1. Recitals. The above recitals are true and correct and form a material part of
this Agreement upon which the parties have relied.
Section 2. Services to be provided by the SAFETY CONSULTANT:
a. The SAFETY CONSULTANT shall provide or cause to be provided the goods and
services as provided for in Exhibit A: Scope of Services.
Section 3. Payments and Billing.
a, The CITY shall pay to the SAFETY CONSULTANT the total sum not to
exceed FIFTY-FOUR THOUSAND TWO HUNDRED AND FIFTY DOLLARS
($54,250.00). This is the total amount to be paid to the SAFETY CONSULTANT pursuant
to this Agreement.
b. The CITY shall render the first payment of TWENTY-SEVEN THOUSAND ONE
HUNDRED TWENTY-FIVE DOLLARS ($27,125.00)to be paid upon return of contract and
three additional payments to be made of NINE THOUSAND AND FOURTY ONE DOLLARS AND
SIXTY SIX CENTS ($9,041.66) at three (3) month intervals beginning
with the first payment made three (3) months after the initial payment of TWENTY-SEVEN
THOUSAND ONE HUNDRED TWENTY FIVE DOLLARS ($27,125.00).
Section 4. Term. The term of this Agreement shall be from September 1, 2000,
to August 31, 2001, notwithstanding the date the parties signed this Agreement.
Section 5. Assignment. The SAFETY CONSULTANT may subcontract certain
responsibilities as outlined in the proposal of services to qualified subcontractors whom
possess the agreed upon levels of liability insurance coverage with the written permission
of the CITY.
Section 6. Indemnification. The SAFETY CONSULTANT agrees to indemnify
and hold harmless the CITY from and against any and all liability, claims, demands,
damages, expenses, fees, fines, penalties, suites, proceedings, actions and cost of action
2
including, but not limited to attomey fees, of any kind and nature, arising or growing out of or in any
way connected with the performance of this Agreement by the SAFETY CONSULTANT or because
of or due to the existence of this Agreement itself.
Section 7. Records and Reports.
a. The SAFETY CONSULTANT shall provide reports as provided for in Attachment
A: Scope of Services.
Section 8. Alterations, Variations, Etc., Reduced to Writing. Any alterations,
variations, modifications or waivers of provisions of this Agreement shall only be valid when they
have been reduced to writing, duly signed and attached to the original of this Agreement. The
parties agree to renegotiate this Agreement if revision of any applicable laws or regulations make
changes in this Agreement necessary.
Whenever either party desires to give notice unto the other,
Section 9. Notice.
notice may be sent to:
CITY OF SANFORD
Anthony M. VanDerworp, AICP
City Manager
P.O. Box 1788
Sanford, FL 32772-1788
WORKPLACE FITNESS AND PREVENTION
Julian Bailes, MD, CEO
5122 La Croix Ave.
Orlando, Florida, 34812
Section 10. Entire Agreement. This Agreement contains all the terms and conditions
agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter
of this Agreement shall be deemed to exist or to bind any of the parties hereto.
Section 11. Compliance with Laws and Regulations. The SAFETY CONSULTANT shall
obtain and possess throughout the term of this Agreement all licenses and permits applicable to
its operations under Federal, State and local laws.
Section 12. Governing Law; Severability. This Agreement shall be construed in
accordance with the laws of the State of Flodda. It is agreed by and between the parties that if any
covenant, condition or provision contained in this Agreement is held to be invalid by any court of
competent jurisdiction, such invalidity shall not affect the validity of any other covenants,
conditions, or provisions herein contained to the extent the CITY derives anticipated benefits from
this Agreement.
Section 13. Failure to Enforce Not Waiver of Right. Failure by the CITY to enforce any
provision contained herein shall not be deemed a waiver of the right to do so thereafter as to the
same breach or as to any breach occurring prior or subsequent thereto.
Section 14. Conflict of Interest.
a. The SAFETY CONSULTANT agrees that it will not engage in any action that would
create a conflict of interest in the performance of its obligations pursuant to this Agreement with
the CITY or which would violate or cause others to violate the provisions of Part III, Chapter 112,
Florida Statutes, relating to ethics in government. The SAFETY CONSULTANT hereby certifies
that no officer, agent or employee of the CITY has any material interest (as defined in Section
112.312(15), Florida Statutes, as over 5%) either directly or indirectly, in the business of the
SAFETY CONSULTANT to be conducted here, and that no such person shall have any such
interest at any time during the term of this Agreement.
Exhibit A: Scope of Services.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for the
purposes stated herein.
ATTEST:
W~A~RD J. DO~~,D;R. OF PROGRAM
(CORPORATE SEAL)
STATE OF )
WORKPLACE FITNESS AND PREVENTION, INC
"3y: J I~~N
By'
T/CEO'ID
COUNTY OF )
I HEREBY CERTIFY that on this I c~J'~ day of ~z~:~'~b~,L ,2000, before me, an
officer duly authorized in the State and County aforesaid to take acknowledgments, personally
appeared Julian E. Bailes, MD respectively, of WORKPLACE FITNESS AND PREVENTION, a
corporation organized under the laws of the State of Florida, who is personally known to me or who
have produced ~)~J .~.AL~-e~ ~ identification. He acknowledged before
me that he executed the foregoing instrument as such officer in the name and on behalf of the
corporation and that he also h offic
OFF1CIN, SEAL
.oT .vPusuC N _tL
~A~ OF ~
D~L EE S~, g
~L&~ Nota~ Public in and for the County d State aforementioned
. w~~~-.~ My commission expires:
ATTEST:
City Clerk
CITY COMMISSION OF THE
CITY OF SANFORD, FLORIDA
As authorized for execution by the City
Commission of the City of Sanford
at its, 2000
regular meeting.
Workplace
Fitness & Prevention, Inc.
Scope of Services
· Implement Safety Incentive Game beginning September 30, 2000
· Conduct first site survey and report. Subsequent
site surveys will be done on a quarterly basis.
Total Cost
$5,000
· Purchase lntemet ready computer loaded with
Workers Companion software and begin monthly
Intemet based report analysis of claims:
1.PC with WFP software .... $2,000
PC with WFP software - ($2,000)
(Reduction is made from the scope of services.
Equipment was purchased by the City directly from the vendor.)
2.Two (2) one year licenses for WFP software
(CD ROM format) ......... $6,000 (WFP to show the City an accounting of this purchase)
(WFP has also offered to split the cost of this license with the City. As this occurs subsequent to
the accounting of the license this item will be amended)
3 .Bi-weekly download of workplace injury and illness data
from the City using WFP software and electronic data interchange.
Software system allows WFP to analyze, interpret and report
monthly current or evolving workplace risks and patems, utilizing the Interact. WFP will
develop strategies to assist the City in reducing workplace injuries.
Page 2 Scope of services
WFP can also analyze workplace injuries and pattems
on a more frequent basis as requested. WFP will itemize costs to the City .... $1,000/mo.
Total Cost $18,000
Design and implement a wellness program during the second quarter to increase the overall
health of all employees as well as to educate the employees with respect to living a healthy
lifestyle at work as well as at home. This program will motivate the employees to take
responsibility for their health, while enlightening each employee in terms of the methods of
reducing risk factors that may shorten or decrease their life expectancy. The goal of this
program is to decrease not only work-related illness and injury, but to reduce the city's
overall healthcare expense. The WFP, Inc. wellhess program will include computerized
personal risk assessment, morbidity and mortality review and strategies to reduce risk. The
program will also develop a healthy habit campaign to motivate employees to continue to
strive towards wellhess.
Total Cost $20,000
Implement a lecture series for EMS/Law Enforcement personnel regarding bio-hazardous
risks such as TB, Hepatitis and AIDS
Total Cost $5,000
· Evaluate the risk factors of the Police Physical Agil ity's Test
Total Cost $1,250
WFP, Inc. will assist the City in an evaluation of the City's self-insurance workers
compensation program. WFP, Inc. will act as consultant on behalf of the City to evaluate the
options associated with becoming fully insured. It is understood that the City will have the
final decision regarding the efficacy of any insurance strategy. ( The City is currently
requesting proposals for Brokerage Services.) WFP's role in assisting the City in this risk
management effort will be defined at a later date.
Total Cost $5,000
Total Cost of Consulting Services
(excluding cost of rehydration equipment purchase
$54,250