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CITY COUNCIL AGENDA ITEM NO. 10

Meeting Date: July 8, 2003

Subject/Title: Approve a Resolution authorizing the City Manager to enter into an agreement with In-Shape Health Clubs, Inc. to affect additional wellness benefits for City employees at their own expense

Submitted by: John Stevenson, City Manager

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution authorizing the City Manager to enter into an agreement with In-Shape Health Clubs, Inc. to affect additional wellness benefits for City employees at their own expense.

PREVIOUS ACTION
None.

BACKGROUND
The City of Brentwood received an unsolicited offer to provide corporate membership privileges to all City employees including a waiver of the $249 enrollment fee and $89.00 processing fee. This wellness benefit extends to all City employees that work at least 20 hours per week. The initial agreement period will begin July 1, 2003 and terminate, unless extended in writing prior to its termination, on June 30, 2005.

FISCAL IMPACT
There is no fiscal impact to the City as the result of entering into this agreement as employees that elect to participate will pay applicable membership fees.


RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AGREEMENT WITH IN-SHAPE HEALTH CLUBS, INC. TO PROVIDE WELLNESS BENEFITS FOR CITY EMPLOYEES AT THE EMPLOYEES’ EXPENSE

WHEREAS, the City of Brentwood received an unsolicited offer to provide corporate membership privileges to all City employees; and

WHEREAS, In-Shape Health Clubs, Inc. desires to provide positive and long lasting partnership with companies in the Central Valley seeking long term health and wellness benefits for its employees; and

WHEREAS, the City desires to provide its employees health and wellness benefits at no cost to the City; and

NOW, THEREFORE BE IT RESOLVED the City Council finds that the In-Shape Health Clubs, Inc. offer is appropriate and fulfills an objective to providing its employees a health and wellness benefit without cost to the City.

City Council further approves the Agreement for Health Club Membership between City and In-Shape Health Clubs, Inc. as attached to Staff Report prepared in conjunction with this resolution and hereby authorizes the City Manager to execute the subject agreement.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 8th day of July, 2003 by the following vote:



AGREEMENT FOR HEALTH CLUB MEMBERSHIP
IN-SHAPE HEALTH CLUBS, INC.

THIS AGREEMENT made and entered into this ___ day of _________ 2003, by and between the CITY OF BRENTWOOD municipal corporation existing under the laws of the State of California, hereinafter referred to as “City”, and IN-SHAPE HEALTH CLUBS, INC., a California corporation, hereinafter referred to as "IN-SHAPE"

RECITALS

A. IN-SHAPE has offered, unsolicited, to provide corporate membership privileges to all CITY employees as an objective of IN-SHAPE is to create positive and long lasting partnerships with companies the Central Valley seeking long-term health and wellness benefits for its employees; and.

B. CITY believes that there is a benefit to CITY employees to have access to health and wellness facilities within the CITY and encourages the CITY employees to seek and use such health and wellness benefits; and.

C. This Agreement is intended to set forth the responsibilities of each of the parties.


NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 – SCOPE OF SERVICES

IN-SHAPE shall offer monthly fitness/health club membership to CITY full time employees (a full time city employee shall be defined as any person on the City’s payroll with at least 20 hours per week) at a corporate rate of $35.00 per month for a single membership. A husband and wife (with at least one of the spouses being a full time CITY employee) membership rate shall be $49.00 per month. A family membership (with at least one member of the family being a full time CITY employee) shall be $59.00 per month.

IN-SHAPE shall also waive an enrollment fee (normally $249.00) and processing fee (regularly $89.00) for the above stated employees and family members if applicable. There shall be at least three open enrollment dates each ear, to be agreed upon by IN-SHAPE and the CITY.

During time other than open enrollment an open enrollment period, a $25,00 processing fee will be charged to a new CITY employee who enrolls during a non-open enrollment period. At no time during the term of this Agreement shall a CITY employee pay an IN-SHAPE enrollment fee (currently $249.00). Additional open enrollment times can be requested by the City by writing a request to IN-SHAPE with at least 30 days prior to an additional enrollment period and subject to IN-SHAPE approval.

IN-SHAPE shall be responsible for any promotional (posters, flyers, sports bottles, T-shirts, mugs) material or items.

SECTION 2 – TERM

The services to be performed under this Agreement shall commence on July 1, 2003 and terminate, unless extended in writing prior to its termination, on June 30, 2005.

SECTION 3—CITY OBLIGATIONS

CITY shall permit IN-SHAPE to provide promotional advertisement space on the city employee bulletin boards, subject to City Manager or his agents approval. CITY will permit IN SHAPE to submit a brochure into the City’s payroll envelope two times each year. The subject brochure shall be subject to City Manager for approval of content and to ensure that it properly fits into the City’s standard payroll envelope. CITY shall also provide a notice to all its full time employees of this new health club/wellness benefit available to them at the prices stated above for the term of this Agreement.

SECTION 4 – TERMINATION

Without limitation to such rights or remedies, either party to this agreement shall have the right to terminate this agreement for any reason upon provided at least thirty (30) days prior written notice to the other party, as to the address provided in Section 5 of this Agreement.

SECTION 5 - NOTICES

All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To City: City of Brentwood
c/o John Stevenson, City Manager
150 City Park Way
Brentwood, CA 94513

To IN-SHAPE: In Shape Health Clubs, Inc.
Attn: Rob Farrens
1016 E. Bianchi Road, Suite A-1
Stockton, CA 95210
(209) 472-2231, ext. 126

SECTION 6 – AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

This Agreement represents the entire and integrated agreement between City and IN-SHAPE and supersedes all prior negotiations, representations, and agreements, either written or oral, except as noted in this Agreement.


This document may be amended only by written instrument, signed by both City and IN-SHAPE.

IN WITNESS WHEREOF, City and IN-SHAPE have executed this agreement the day and year first above written.

Date: __________________

IN-SHAPE HEALTH CLUBS, INC.


__________________________
Rob Farrens


CITY OF BRENTWOOD

By __________________________
John Stevenson, City Manager

Attest:

__________________________
Karen Diaz, CMC, City Clerk
Approved As to Form:

__________________________
Dennis Beougher, City Attorney

 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov