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HomeMy WebLinkAboutCOW 2020-03-23 Item 3E - Contract - Tactical Athlete Health and Performance InstituteCOUNCIL AGENDA SYNOPSIS ---------------------------------- Initials Afeefinga Date Prepared by Ma ;or's revie ar Council review 03/23/20 JP 04/06/20 JP ITEM INFORMATION ITEMNO. 3. E. STAFF SPONSOR: JUAN PADILA ORIGINAL AGENDA DATE: 03/23/20 AGENDA ITEM TITLE Contract for Services with Tactical Athlete Health & Performance Institute (TAHPI) CATEGORY ® Discussion Mtg Date 03123120 ® Motion Mtg Date 04106120 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Otber Mtg Date SPONSOR ❑Council [:]Mayor ®HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑Pik ❑Court SPONSOR'S Authorize Mayor to sign a contract with TAHPI for injury -recovery services for first SLTMNIARY responders in Police, Fire, and Public Works REVIE','ED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N /A COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADIIIN. Human Resources CONIN11TTEE Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $53,700.00 $ $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/23/20 Forward to next Regular Meeting 04/06/20 MTG. DATE ATTACHMENTS 03/23/20 Informational Memorandum dated 03/23/20 Proposed contract between the City of Tukwila and TAHPI. 04/06/20 No attachments ns 102 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Juan Padilla, Human Resources Director CC: Mayor Ekberg DATE: March 23, 2020 SUBJECT: Request to Contract with Tactical Athlete Health and Performance Institute ISSUE This is a request to allow the Mayor to negotiate and enter into a contract with the Tactical Athlete Health and Performance Institute, (TAHPI) for injury -recovery services for our first responders in Police, Fire, and Public Works. BACKGROUND TAHPI is a healthcare consultant that designs injury -recovery programs for first responders. Health and fitness are critical to meeting the demands of the job and TAHPI believes that first responders should be treated like professional athletes. These programs work to improve an employee's standard of living through expedited medical care after injury. The goal is to get the employee back to work as soon as possible. In the past, City departments have had slow turnaround time in the process of getting employees to return to work after on the job injuries. Washington State Labor and Industries (L&I) has a very convoluted process that is not often in the City or employee's best interest with regard to recovery and the potential for reinjury. This can result in significant "stop loss" time being used while employees are waiting for L&I-approved doctor appointments, tests and diagnosis. TAHPI has a proven record in returning employees to work faster by using an athletic -based approach. TAHPI is authorized to work in this capacity in the State of Washington. TAHPI provides employers with Orthopedic Patient Navigators (OPN) to determine injury severity to provide the best treatment options. They also provide an accelerated access to L&I- approved medical providers that includes priority scheduling and collaborative communication between medical professionals. DISCUSSION On the job injuries and the time loss associated with the job -related injuries have caused the insurance premiums from L&I to increase. For example, if our experience factor was based at 1 % for 2016, we would have saved $82,550.00. This program will allow City employees to receive the care they need in an expeditated fashion, that will help limit stop loss payments to employees for long-term disability claims. The City has recently been removed from the Association of Washington Cities (AWC) Retro Pool and placed in the Safety Alliance for having three consecutive bad years (2016-2019). The City is no longer eligible for Retro checks from AWC for good years in the pool. The City is in need to have a good year to reapply for the Retro pool program. "? INFORMATIONAL MEMO Page 2 If the City contracts with TAHPI for all public safety employees and public works staff, TAHPI will cover all employees and family members. FINANCIAL IMPACT TAHPI will charge $300.00 per covered employee (Police, Fire, Public Works) to provide their services for the entire FTE count for the City. The cost is $53,700.00 per year. RECOMMENDATION To ensure the City meets its obligations to our employees as well as mitigate time loss for on the job injuries, staff recommends that the Mayor be allowed to enter into a contract with TAHPI. Due to the cancellation of the March 23, 2020 Finance Committee, the Council is being asked to consider this item at the March 23, 2020 Committee of the Whole meeting and forward to the April 6, 2020 Regular Meeting consent agenda. ATTACHMENTS Proposed contract between the City of Tukwila and TAHPI. W:\2020 Info Memos\TAHPI -Informational Memo.docx 104 PROFESSIONAL SERVICES AGREEMENT between the City of Tukwila and Tactical Athlete Health and Performance Institute, LLC THIS AGREEMENT is made between the City of Tukwila, a Washington municipal entity (hereinafter the "Agency"), and Tactical Athlete Health and Performance Institute, LLC (hereinafter the "Contractor"). 1. DESCRIPTION OF WORK. Contractor shall perform the following services for the Agency "Services:" 1.1. Subject to the terms and conditions set forth herein, the Contractor may provide to the Agency the services further described in the Tactical Athlete Health and Performance Institute, LLC Proposal dated , 2020, attached hereto as Exhibit A (the "Proposal"), and such other proposals and/or statements of work that may be entered into by the parties from time to time (each, a "SOW" and collectively, "SOWS"). Any reference to this "Agreement" herein shall mean this Agreement and all SOWS entered into by the parties unless this Agreement provides otherwise. 1.2. Contractor represents that the services furnished under this Agreement will be performed diligently and in accordance with generally accepted industry practices in effect at the time those services are performed. In the event of a conflict between the terms of any SOW and this Agreement, the terms of this Agreement shall prevail. Contractor represents and warrants that Contractor will perform all Services identified in this Agreement in a workmanlike manner and in accordance with all applicable laws. 2. TIME OF COMPLETION; TERMINATION. 2.1. The parties agree that Services will be provided consistent with the Implementation Timeline in the Proposal through March 31, 2023 (the "Term"), unless the Agency provides the Contractor written notice of non -renewal prior to November 1 of any year. 2.2. Either party may terminate this Agreement or any SOW without cause upon giving the other party thirty (30) days' prior written notice. In the event of such a termination, Contractor shall provide a prorated refund of any Compensation paid for Services that are not performed on or prior to the date of termination. 2.3. Either party (in such capacity, the "Non -breaching Party") may terminate this Agreement or any SOW due to the other party's (in such capacity, the `Breaching Party") material breach of this Agreement (including the Agency's nonpayment of fees, either party's failure to fulfill any responsibilities set forth in any applicable SOW, or the Agency's failure to cooperate in good faith with Contractor in connection with the Services), upon giving the Breaching Party thirty (30) days' prior written notice identifying specifically the alleged breach, provided that the Breaching Parry does not cure such breach within the thirty (30) day notice period. If PROFESSIONAL SERVICES AGREEMENT City of Tukwila "M Contractor is the Non -breaching Party, during this notice period Contractor shall have the right to suspend its performance under this Agreement and any then -active SOW. 3. COMPENSATION. 3.1. Amount: Total compensation to Contractor for Services provided pursuant to this Agreement shall not exceed $ 5 3 , 7 0 0.0 0 per calendar year for the Term, plus any applicable state and local sales taxes (the "Annual Amount"). Except as specifically provided in this Agreement, the Contractor shall be solely responsible for the payment of any taxes imposed by any jurisdiction or authority as a result of the performance and payment of this Agreement. 3.2. Method of Payment: For the Initial Term, the Agency shall pay Contractor 30% of the Annual Amount ($16,110) for the first calendar year of the Term upon execution of this Agreement, which such payment shall be non-refundable. The remaining 70% of the Annual Amount ($37,590) for the first calendar year of the Term shall be paid in in twelve (12) equal monthly installments of $3,132.50 on the first (1st) day of each month, commencing April 1, 2020. The Annual Amount due for the second calendar year of the Term shall be paid in in twelve (12) equal monthly installments of $4,475.00 on the first (1st) day of each month, commencing April 1, 2021. The Annual Amount due for the third calendar year of the Term shall be paid in in twelve (12) equal monthly installments of $4,475.00 on the first (1st) day of each month, commencing April 1, 2022. 3.3. Non -Appropriation of Funds: If sufficient funds are not appropriated or located for payment under this Agreement for any future fiscal period, the Agency shall not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the Agency in the event this provision applies. 4. ADDITIONAL WORK. If, during the performance of this Agreement or after completion of the work under this Agreement, services other than those described in Section 1 are ordered by the Agency, the Contractor agrees to provide said services and the Agency agrees to compensate the Contractor for the same according to the method determined at the time the additional services are ordered. The Contractor shall not proceed with said additional services until such time as the cost for the additional services and the method of payment are approved in writing by the Agency and the Contractor. 5. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 5.1. The Contractor has the ability to control and direct the performance and details of its work, the Agency being interested only in the results obtained under this Agreement. PROFESSIONAL SERVICES AGREEMENT City of Tukwila 2 5.2. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. 5.3. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the Agency retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. 5.4. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. 5.5. If required for Contractor's business, the Contractor will register its business and establish an account with the state Department of Revenue and other state agencies, and will obtain a Unified Business Identifier (UBI) number from the State of Washington. 5.6. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. 6. RECORD MAINTENANCE. The Contractor shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Services provided in the performance of this Agreement. Subject to Section 7 (Public Records Compliance), Section 8 (Employee Health Information), and Section 9 (Confidentiality), the Contractor agrees to provide access to and copies of any records related to this Agreement as required by the Agency to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). 7. PUBLIC RECORDS COMPLIANCE. To the full extent the Agency determines necessary to comply with the Washington State Public Records Act, Contractor shall make a due diligent search of all records in its possession, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the Agency for production. In the event Contractor believes said records need to be protected from disclosure, it shall, at Contractor's own expense, seek judicial protection. Contractor shall indemnify, defend, and hold harmless the Agency for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Contractor has responsive records and for which Contractor has withheld records or information contained therein, or not provided them to the Agency in a timely manner. Contractor shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. PROFESSIONAL SERVICES AGREEMENT City of Tukwila 3 ff$YA 8. EMPLOYEE HEALTH INFORMATION. Contractor agrees to keep any employee health care information, as that term is defined under RCW 70.02.010 (17), strictly confidential in accordance with, and to the extend required by, RCW 70.02.005(4) and will use and/or disclose the employee health care information solely for the purpose of providing the Services. Contractor will disclose the contents of the Health Information to its Agents only as minimally necessary and only to the extent required for the Contractor to provide the Services. Contractor further agrees to ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the Contractor agree to the same restrictions, conditions, and requirements that apply to the Contractor with respect to such information. 9. CONFIDENTIALITY. Each party (in such capacity, the "Receiving Party ') agrees that all non-public information concerning the other party (in such capacity, the "Disclosing Party'), including but not limited to price quotes, preliminary concepts, marketing proposals, branding strategies, creative designs and concepts, technical data, web designs, trade secrets and know- how, research, software, programming techniques, algorithms, services, employee lists, patient lists, markets, developments, inventions, processes, technology, designs, drawings, engineering, apparatus, techniques, hardware configuration information, marketing, forecasts, business strategy, finances, any information directly or indirectly related to personally identifiable data of employees and/or their family members seeking treatment in connection with the Services (including, but not limited to data or information regarding treatment or injuries), other business information disclosed by the Disclosing Party, and the terms and existence of this Agreement ("Confidential Information") shall not, without the Disclosing Party's authorization, be disclosed to any other party or used by the Receiving Party for its own benefit except as contemplated by this Agreement. The Receiving Party shall protect the confidentiality of the Disclosing Party's Confidential Information using at least the same measures it takes to protect its own Confidential Information of like kind, but in no event using a standard less than reasonable care, and shall restrict access to the Disclosing Party's Confidential Information to its personnel on a need to know basis and so long as such personnel are bound by obligations of confidentiality that are no less restrictive than the obligations contained herein. Nothing in this Agreement shall restrict the Receiving Party's use of information (including, but not limited to, ideas, concepts, know-how, techniques, and methodologies); (a) that is or becomes publicly available through no breach of this Agreement; (b) independently developed by it without any use or access of the Disclosing Party's Confidential Information; (c) previously known to it without obligation of confidence; or (d) acquired by it from a third party which is not, to its knowledge, under an obligation of confidence with respect to such information. In the event the Receiving Party receives a subpoena or other validly issued administrative or judicial process requesting the Disclosing Party's Confidential Information, the Receiving Party shall promptly notify the Disclosing Party of such receipt (if legally permitted) and may, thereafter, comply with such subpoena or process to the extent permitted by law. PROFESSIONAL SERVICES AGREEMENT City of Tukwila 21 1: If Agency receives a request under chapter 42.56 RCW (the "Washington Public Records Act") to inspect or copy Contractor's Confidential Information, Agency shall promptly notify Contractor of the request and the date that such Confidential Information will be released. Agency will reasonably cooperate with Contractor (at Contractor's expense) to limit such disclosure to that which is legally required. In any event, Agency will not furnish any Confidential Information that is exempt from disclosure under the Washington Public Records Act and may furnish only that portion of Confidential Information that is legally required to be disclosed. Contractor shall have the option of obtaining a court order to enjoin disclosure pursuant to RCW 42.56.540 and Agency shall reasonably cooperate with Contractor in connection therewith at Contractor's expense. Agency shall not be liable to Contractor for releasing any Confidential Information in compliance with this provision. 10. DISCRIMINATION. The Contractor shall not discriminate against any employee, applicant for employment or any person seeking the services of the Contractor under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or the presence of any sensory, mental or physical handicap. 11. HOLD HARMLESS. 11.1. Each party (`Indemnifying Party") agrees to release, indemnify, defend, and hold harmless the other party ("Indemnified Party"), its agents, attorneys, elected officials, employees, insurers, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Indemnifying Party in performance of this Agreement, except for that portion of the claims caused by the Indemnified Party's sole negligence. 11.2. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate ...) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Agency, its officers, officials, employees and volunteers, Contractor's liability shall be only to the extent of Contractor's negligence. 11.3. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Contractor's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. PROFESSIONAL SERVICES AGREEMENT City of Tukwila 5 ME The provisions of this section shall survive the expiration or termination of this Agreement. 12. INSURANCE. The Contractor shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below: 12.1. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. 12.2. In the event that Services delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Services provided by a licensed professional or those Services that require a professional standard of care. 12.3. Appropriate workers compensation coverage 12.4. Commercial Automobile Liability for owned, leased, hired or non -owned, leased, hired or non -owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Contractor's vehicles on the Agency's Premises by or on behalf of the Agency, beyond normal commutes. 12.5. Contractor shall obtain an endorsement naming the Agency as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The Agency's insurance policies shall not be a source for payment of any Contractor liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Contractor to the coverage provided by such insurance or otherwise limit the Agency's recourse to any remedy available at law or in equity. 12.6. Subject to the Agency's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the Agency before performing the Services. 12.7. Contractor shall provide the Agency with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 12.8. Contractor agrees to disclose the existence and nature of any limiting endorsement that applies to any liability insurance policy purchased in accord with this contract. 13. LIABILITY. THE CONTRACTOR SHALL NOT BE LIABLE TO THE AGENCY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST OR DIMINISHED PROFITS, LOSS OF GOOD WILL, WORK STOPPAGE OR PROFESSIONAL SERVICES AGREEMENT City of Tukwila 0 MIS DATA LOSS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY AT LAW OR IN EQUITY. THE CONTRACTOR'S AGGREGATE LIABILITY TO THE AGENCY FOR ANY CLAIMS HEREUNDER SHALL BE LIMITED TO REPAYMENT OR REIMBURSEMENT OF THE FEES ACTUALLY PAID BY THE AGENCY FOR THOSE SERVICES PROVIDED BY THE CONTRACTOR THAT ARE THE SUBJECT OF ANY SUCH CLAIM (AND ONLY THOSE SUBJECT SERVICE(S)) DURING THE PRIOR 12-MONTH PERIOD, BUT EXCLUDING ANY OF THE AGENCY'S OUT-OF-POCKET COSTS AND EXPENSES RELATING THERETO. 14. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 15. OWNERSHIP AND USE OF INTELLECTUAL PROPERTY. Any records, reports, designs, files, documents, drawings, specifications, data or information, regardless of form or format, and all other materials prepared or produced in connection with the Services provided by the Contractor will be and remain the property of the Contractor; provided, however, Contractor and Agency may agree to different ownership terms via a separate writing in the event Contractor and Agency jointly collaborate on any specific product during the Term. 16. GIFTS AND CONFLICTS. The Agency's Code of Ethics and Washington State law prohibit Agency employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the Agency's Code of Ethics and state law, the Contractor shall not give a gift of any kind to Agency employees or officials. Contractor also confirms that Contractor does not have a business interest or a close family relationship with any Agency Executive team member or employee who was, is, or will be involved in selecting the Contractor, negotiating or administering this Agreement, or evaluating the Contractor's performance of the Services. 17. MISCELLANEOUS PROVISIONS. 17.1. Conflict of Interest. The Contractor represents to the Agency that it has no conflict of interest in performing any of the services described herein. In the event that the Contractor is asked to perform services for a project with which it may have a conflict, the Contractor shall immediately disclose such potential conflict to the Agency. 17.2. Non -Waiver of Breach. The failure of the Agency to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be PROFESSIONAL SERVICES AGREEMENT City of Tukwila 7 In a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 17.3. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Agency's right to indemnification under Section 10 of this Agreement. 17.4. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. 17.5. Third -Party Beneficiaries: Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. 17.6. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void, except that the Contractor shall have the right to assign this Agreement (and any SOW) to any affiliate or to any person or entity that acquires or succeeds to all or substantially all of the Contractor's business or assets (by merger, consolidation or otherwise) upon written notice to the Agency 17.7. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the Agency and Contractor. 17.8. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the Agency, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. PROFESSIONAL SERVICES AGREEMENT City of Tukwila 0 112 IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. Tactical Athlete Health & Performance City of Tukwila Institute LLC L'In By: (signature) Print Name: Its: Print Name: Its: DATE: DATE: NOTICES TO BE SENT TO: CONTRACTOR: Tactical Athlete Health & Performance Institute LLC Attn: Timothy J. Sharpee 2505 N. Oakland Avenue Milwaukee, Wisconsin 53211 Email: timsharpee@tahpistrong.com PROFESSIONAL SERVICES AGREEMENT City of Tukwila (signature) NOTICES TO BE SENT TO: AGENCY: City of Tukwila Attn: Email: 9 M EXHIBIT A Tactical Athlete Health and Performance Institute, LLC Proposal [to be attached] PROFESSIONAL SERVICES AGREEMENT City of Tukwila um, Tactical Athlete Health & Performance Institute ("TAHPI") City of Tukwila Proposal .2020 Proposal Title. Development of TAHPI Provider Network and ( Advocacy Services for the City of Tukwila. TACTKAL ATHLETE Introduction. TAHPI is dedicated to creating an integrated, comprehensive, and personalized health and performance program for the City of Tukwila. TAHPI's innovative solutions will add value to the job for the City of Tukwila employees through implementation of programs targeting job preparation and recovery as well as provide resources and initiatives that support an improved process of management and prevention of injury. TAHPI's research and clinical expertise will create integrated single -source service solutions for the City of Tukwila that will help reduce injury -related costs, streamline the case management of injury and rehabilitation, and lead to the implementation of a sustainable and efficient evidence -based health, fitness, and performance programming. This innovative program will lead to the discovery of new information, knowledge, and possibly tools that provide data and outcome driven metrics to improve the quality of life for a city worker, both during his/her career and post -retirement. Project Description. The strategic phases of this project will begin with an initial period of consultative assessment that will inform the development of strategic research initiatives and implementation of targeted programs and practices. Our short-term goals include (a) creating an awareness and understanding for the added value that TAHPI brings to the individual employee, (b) identifying gaps in knowledge and practices that, if closed, will improve health of the City of Tukwila employees, and (c) establish an injury case management system that rewards the employee and employer through efficiency, reduced costs, and reduced time lost. Specific Aims/Milestones. TAHPI will provide a team of experts and professionals who are licensed as Physical Therapists and Athletic Trainers, credentialed in advanced assessment of movement and strength and conditioning, trained in cutting edge technology and software, and established educators and researchers. The TAHPI team will work with the City of Tukwila to: 1. Establish and implement a network based system for case -management of orthopedic injury. Achieving this milestone will involve: a. Full Assessment and determination of best practice for implementation of the Network based on Workers Compensation Laws, HIPAA, and practice acts in Washington b. Selection of Physicians (Orthopedic and Primary Care) and Physical Therapists or Athletic Trainers for the Network C. Implementation of Technology for Current Employees d. Access to the TAHPI Network will be allowed for all current members and their immediate families as well as current and future retiree's. 2. Development of outcome metrics. Achieving this milestone will involve: a. TAHPI will work with designated representative within the City of Tukwila to obtain data necessary to build a metric model (i.e., days lost, # of injuries, body part, injury type, UM dollars spent on health claims, dollars spent on "backfill", participation in healthy initiatives) b. Develop predictive/proprietary algorithm(s) for determination of # of injuries/lost days and the cost benefits of the collective and individual programs C. This milestone may take up to 3 years of data points to be gathered to obtain a sample size large enough to create a metric with confidence that is valid and reliable Implementation Timeline. Access to the TAHPI Provider Network and Advocacy Services shall commence on or around April 1, 2020 with an initial one (1) month build out. Training and development shall commence on or around April 1, 2020. The term of this agreement shall be as set forth in Section 2 of the Professional Services Agreement between the City of Tukwila and TAHPI to which this proposal is attached as Exhibit A (the "Services Agreement"). Fees. Compensation shall be due and payable to TAHPI as set forth in Section 3 of the Services Agreement. HW. IN WITNESS WHEREOF, the parties hereto have caused this Proposal to be executed on the day and year of the first above written. Client also understands that the terms outlined in this Proposal will be monitored for future consideration of yearly renewal of said contract with TAHPI. No portion of this Proposal may be reproduced, duplicated, or revealed in any manner without the prior written consent of TAHPI. TAHPL• CLIENT: Tactical Athlete Health and Performance City of Tukwila, Institute LLC, a Washington municipal entity a Delaware limited liability company By: _ Name: Title: By: _ Name: Title: ME