HomeMy WebLinkAbout20130290.tiffAGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 1 150 O Street, Greeley, Colorado. 80631 ("County"), and Fitquest Inc.. a
Colorado Corporation, doing business as; 3:1 Corporate HPM Solutions ("Contractor"), whose
address is 2648 Covington Court, Fort Collins, CO. 80526.
WHEREAS, County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor
hereby accepts engagement by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from November 27, 2012, through and
until December 31, 2013.
3. Services to be Performed. Contractor agrees to perform the Services listed or
referred to in Exhibit A. attached hereto and incorporated herein.
4. Compensation.
a. County agrees to pay Contractor for services performed as set forth on
Exhibit A at the rate of $10 per participant per month. Charges shall be based on the time
actually spent performing the services. but shall exclude travel time.
b. Mileage may not be charged to and from any required job site.
Contractor shall not be paid any other expenses unless set tbrth in this Agreement.
c. Payment to Contractor will be made only upon presentation of a proper
claim by Contractor, itemizing services performed and mileage expense incurred.
d. Payment for services and all related expenses under this Agreement shall
not exceed $ 2,250.
5. Additional Work. In the event the County shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an increase or
decrease in the time required or the costs to the Contractor for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this
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Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work
covered in the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall he deemed covered in the compensation and time provisions
of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are, or shall be
deemed to be. agents or employees of the County for any purpose. Contractor shall have no
authorization, express or implied, to bind the County to any agreement. liability, or
understanding. The parties agree that Contractor will not become an employee of County, nor is
Contractor entitled to any employee benefits from County as a result of the execution of this
Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will
be performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement.
8. Reports County Property. All reports, test results and all other tangible materials
produced in connection with the performance of this Agreement, whether or not such materials
are in completed form, shall at all times be considered the property of the County. Contractor
shall not make use of such material for purposes other than in connection with this Agreement
without prior written approval of County.
9. Acceptance of Product not a Waiver. Upon completion of the work. Contractor
shall submit to County originals of all test results, reports, etc., generated during completion of
this work. Acceptance by County of reports and incidental material furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the work. Acceptance by the County of, or payment for, any services performed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement
or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify County, its
officers and agents, from and against loss or liability arising from Contractor's acts, errors or
omissions in seeking to perform its obligations under this Agreement. Contractor shall provide
necessary workers' compensation insurance at Contractor's own cost and expense.
11. Termination. Either party may terminate this Agreement at any time by providing
the other party with a 10 day written notice thereof. Furthermore, this Agreement may be
terminated at any time without notice upon a material breach of the terms of the Agreement. In
the event of an early termination, Contractor shall be paid for work performed up to the time of
notice and County shall be entitled the use of all material generated pursuant to this Agreement.
I 2. Non -Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of County.
13. Access to Records. County shall have access to Contractor's financial records as
they relate to this Agreement for purposes of audit. Such records shall be complete and available
for audit 90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
14. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays
in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but not limited to
Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered to the other party at that party's address as stated above.
17. Compliance. This Agreement and the provision of services hereunder shall be
subject to the laws of Colorado and be in accordance with the policies, procedures, and practices
of County.
18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may
engage or use other contractors or persons to perform services of the same or similar nature.
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents, warrants, and agrees that it has verified that Contractor does not
employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs
illegal aliens or subcontracts with illegal aliens. County can terminate this Agreement and
Contractor may be held liable for damages.
20. Entire Agreement/Modifications. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiation, representation, and understanding or agreements with
respect to the subject matter contained in this Agreement. This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
21. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated or budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family
shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or authorizes
funding to Contractor.
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23. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such provision,
to the extent that this Agreement is then capable of execution within the original intent of the
parties.
24. Governmental Immunity. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may possess.
25. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
CONTRACTOR:
By: 4. QJt .
Title: President
BOARD OF COUNTY
CLERK TO THEOARD COMMISSIONERSOF W J D COUNTY
By:
714.
Deputy Clerk
4
By:
William F. Garcia, Chairman
JAN 282013
WELD COUNTY
ROCK SOLID@WORK TM PILOT PROJECT
OPERATING PLAN and CONSULTING SERVICES AGREEMENT
December 1, 2012 - April 30, 2013
Prepared by: Colleen K. Broersma
SAPPY_
FIT
HEALTHY
p:970.372.5475 www.321-HEALTH.coM.
3:1 Corporate HPM
Solutions
HEALTH AND WELLNESS PROGRAM MANAGEMENT OPERATING PLAN
Rock Solid@Work'
Weld County Government
2012-2013
COORDINATION/PROGRAM MANAGEMENT
This Operating Plan document includes program management of the Rock Solid@WorkTM Pilot Program.
Colleen Broersma from 3:1 Corporate HPM Solutions will be the lead consultant on the project. In that capacity
she will be responsible for the management of the program in collaboration with Weld County Government
representative Staci Datteri-Frey, Wellness Coordinator.
I. IMPLEMENTATION
Results oriented wellness programs have clear principles which focus priorities, guide program design,
and direct resource allocation. The Operating Plan (goals and timeline) for the Rock Solid@WorkTM Pilot
Program found in this document has been finalized with the guidance of Staci Datteri-Frey, Weld Coun-
ty Government Wellness Coordinator and aligned with the wellness strategy of the organization.
Program Implementation -Services Provided :
ROCK SOLID@WORKTM
The Rock Solid@WorkTM Program is designed to prevent and reduce the incidence of occupational re-
lated musculoskeletal injury, while providing education and support for healthy behavior change in the
areas of active living, healthy eating and stress management.
It includes:
1. program training materials (Leader notebooks, exercise posters, power points, web based videos)
2. promotional and educational materials (participant booklet, weekly communications, tips, website)
The program is an annual periodized plan designed to focus on Weld County Government's employees'
musculoskeletal, body composition and stress management challenges. It consists of on -going phases;
mobility, stability, strength, muscular endurance and maintenance, coupled with active living, healthy
eating and stress management education. The Pilot Program period will consist of Phase I of the annu-
al program with a focus on increasing physical mobility and stability, active living, healthy eating and
resiliency in participants.
We'll work with you to identify the qualities of a successful Rock Solid@WorkTM Exercise Leader. Once
selected - we'll provide a 4 -hour Train the Trainer workshop, weekly communications and on -going
support for the leaders during the duration of the pilot program.
Also included:
1. pre and post program functional movement screenings, pain and productivity assessments*
2. fitness environmental audit - work demands review
3. pre and post program data analysis, and reporting
* see Goals/Metrics for details
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II. PROMOTION
The art of marketing internal wellness programs is to answer the "what's in it for me" question, while
at the same time instilling a sense of personal responsibility. Communicating strategi- r,
cally is essential for success. Everyone (workers, their families, supervisors, etc.) with
a stake in worker health should know what you are doing and why. The messages and
means of delivery should be tailored and targeted to the group or individual and con-
sistently reflect the values and direction of the program. Communicating early and
often, plus having a long-term communication strategy will increase participation and engagement in
this pilot program.
Marketing and Communication - Services Provided:
1. Marketing and Communications plan/schedule developed from management direction - a dynamic
plan is most effective, so we'll manage this throughout the pilot program period and coordinate
with existing Weld County Government Wellness initiatives and special events.
2. branded program marketing materials such as a Rock Solid@WorkTM website, promotional flyers,
table tents, and other relevant health and wellness education materials.
Rock Solid@WorkTM provides an opportunity for a daily "captive audience" to market to. To that end
we suggest promoting your existing Weld County Government Wellness initiatives and special events
by distributing materials to the Rock Solid@WorkTM Exercise Leaders.
Note: Printing is the responsibility of the client. However printing services can be provided at competi-
tive pricing —we'll coordinate printing and delivery.
III. EMPLOYEE ENGAGEMENT
A critical component of maintaining an effective program is ensuring a strategic engagement strategy.
There is a lot of coordinating behind the scenes which allows for continual evaluation, plan-
ning, communication and implementation. When executed well it produces a results oriented
wellness program with high engagement rates.
The single most important component of an employee engagement strategy is ensuring the
silLmessage that Senior and Front Line Supervisors are supportive of the program. Engagement of
Front Line Supervisors is an integral part of any successful results oriented wellness program.
Supervisors and managers at all levels involved with the pilot group should be involved in pro-
moting the pilot program. These leaders are the direct links between the workers and upper manage-
ment and will determine if the program succeeds or fails. Front Line Supervisors are the key to inte-
grating, motivating and communicating with employees.
Next page: Capturing Management Support - Services Provided
3:1 Corporate HPM
Solutions
p:970.372.5475 www.321-xsALTH.coM.
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III. EMPLOYEE ENGAGEMENT (coned)
Capturing Management Support - Services Provided:
To support you in this area we'll provide consulting services via onsite visits/email/calls as needed, to
help you further define what is required in these Leadership Roles. We will also supply sample commu-
nications templates such as letters, newsletter columns, and memos and help coordinate these critical
communications.
IV. EVALUATION
There are seven benchmarks inherent in companies that have built results -oriented workplace
wellness programs. The final benchmark (#7) is "Carefully Evaluating Outcomes." A thorough
planning and assessment process sets the stage for success - follow up assessment and eval-
uation secure it. Included in the Rock Solid@WorkTM Pilot Program is pre and post evalua-
tion. A sound evaluation strategy allows for a better understanding of which elements of the
program are working and which need attention. Specifically, there are eight primary varia-
bles which make excellent evaluation targets for this program, they include:
1. Participation
2. Participant satisfaction
3. Improvements in knowledge, attitudes and behaviors
4. Improvements in functional movement capacity
5. Changes in self -reported feelings of pain
6. Improvements in productivity
7. Changes in Corporate Culture
Evaluation- Services Provided:
1. Initial Assessment
3:1 will recommend appropriate assessments to monitor the goals of the program and continually
evaluate the pilot program throughout the duration, providing updates and adjustments as needed.
2. Control Group - administer pre/post assessments and data review/analysis.
3. Pilot Period Program Review and Presentation
Compile pilot period program data (participation, outcomes), employee surveys (satisfaction, Exer-
cise Leader feedback, initial assessments and any additional data gathered) and functional move-
ment screening results into a final report.
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3:1 Corporate HPM
Solutions
p:970.372.5475 WWW.321-HEALTH.COM.
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HEALTH AND WELLNESS OPERATING PLAN
Rock Solid@WorkTM
Goals
December 2012- April2013
Goal #1: Encourage employees to make healthier choices and to live healthier lives.
Objectives:
a. Increase resiliency among employees.
Metric:
1. Compare the self -reported effects of the negative emotional state of stress as reported
on the DASS, administered pre and post pilot.
2. Compare effects of work stress as reported on the SIG, administered pre and post pilot.
b. Increase the average daily consumption of fruits and vegetables by employees.
Metric:
1. Compare the average daily amount of fruit and vegetable consumption reported on pre
and post pilot surveys.
c. Reduce barriers to physical activity
Metric:
1. Compare physical activity barrier data as reported on the Barriers to Physical Activity
Quiz, administered pre and post pilot.
Gool#2: Reduce musculoskeletal pain and limitation among employees.
Objective:
a. Reduce self -reported of pain.
Metric:
1. Compare the self -reported pain as reported on pre and post pilot 0-10 Numeric Pain
Intensity Scale.
Objective:
a. Increase ranges of functional movement and corresponding strength.
Metric:
1. Compare Functional Movement Screen scores pre and post pilot.
Goal #3: Increase productivity among employees.
Objective:
a. Increase productivity among employees.
Metric:
1. Compare the self -reported effects of pain on productivity at work as reported on pre and
post pilot SPS-6.
2. Compare self -reported effects of thought and emotions on productivity at work as reported
on pre and post pilot Productivity Index.
3O Corporate HPM
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p.970. 372 5475 I WWW.321-HEALTH.COM.
HEALTH AND WELLNESS OPERATING PLAN
Rock Solid@Work'"
Timeline
December 2012 - April 2013
DECEMBER 2012:
Implementation
Finalize proposal details (who, what, where, when, how) - meet with appropriate leadership
Select Exercise Leaders by December 14th
Promotion
Announce program - Invitation to participate (letter from management)
JANUARY 2013:
Implementation
FMS administered Week of January 7th
Train the Trainer Workshop (3 hours) Week of January 21st
Promotion
It's Coming Flyer
Website Live
Engagement
Exercise Leaders recognized for their efforts by management.
Evaluation/Data Collection
Pre-program surveys administered
FMS administered
Train the Trainer Workshop evaluation
Focus: Stress Management/Resiliency
Implementation
Program begins 1/21/12
Stress Management Challenge
Promotion
Weekly Exercise Leader Communications
Rock Solid@WorkTM Participant Booklets
Stress Management Pocket Guide
Weekly Website videos - Rock Solid@WorkTM weekly exercises, healthy eating, active living, stress manage-
ment
Engagement
Senior Leadership attends and participates in an exercise session
Evaluation/Data Collection
Pre program data analyzed
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Rock Sobd@Work I
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H:970.372.5475 j WWW.321-HEALTH.OOM.
HEALTH AND WELLNESS OPERATING PLAN
Timeline
December 2012 - April2013
JANUARY/FEBRUARY 2013:
Focus: Healthy Eating
Implementation
3:1 Representative visits and participates in sessions
Fruit and Vegetable Challenge
Promotion
Weekly Exercise Leader Communications
Healthy Eating Pocket Guide
Weekly Website videos - Rock Solid@Work'" weekly exercises, healthy eating, active living, stress manage-
ment
Engagement
Senior Leadership sends email/memo to participants and thanks them for their efforts in participating,
wishes them success
Evaluation/Data Collection
How's it going participation evaluation administered
MARCH/APRIL 2013:
Focus: Active Living
Implementation
Final month of pilot - participants encouraged to "work the exercises into their day", ends 4/12/12
Active Living Challenge
Promotion
Weekly Exercise Leader Communications
Active Living Pocket Guide
Weekly Website videos - Rock Solid@Work'M weekly exercises, healthy eating, active living, stress manage-
ment
Engagement
Senior Leadership attends an exercise session - recognizes participants for their participation (optional:
handout small incentive)
Evaluation/Data Collection
Post program surveys administered
FMS administered
APRIL 2013:
Evaluation/Data Collection
Post Program Data Analyzed
Final Report and Presentation
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Roth SohU@Work I
p:970.372.8475 WWW.321-HEALTH.COM.
3:1 Corporate HPM
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Rock Soid@Work I
PROGRAM COSTS AND PROFESSIONAL FEES
Program Management Fee: $1800 ($10 PEPM)
Printing: $250 (Marketing, Communication and Participant and Control Group materials)
Control Group Management: $200 ($10PE)
Terms: billed in advance, payable within 14 days of receipt of invoice.
Note: Printing is the responsibility of the client. However printing services can be provided at competitive pricing —
we'll coordinate printing and delivery.
Please address questions to:
Colleen K. Broersma
3:1 Corporate HPM Solutions
970.215.7047
3:t Corporate HPM
Solutions
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p:970.372.5475 www.321-HEALTH.OOM.
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