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h) Facility Staff Qualifications. All fitness professionals who come in contact with Members shall be qualified for their
<br /> respective positions.All group exercise instructors must 1)possess current CPR certification;2)be eighteen years of
<br /> age or older; and 3) either hold a two (2) or four(4) year degree in health, exercise science, recreation or physical
<br /> activity related field; or hold a current license for the following: RN, LPN, LMT, LPT, RYT; or hold a nationally
<br /> recognized instructor/trainer certification that is available to the general population and requires continuing
<br /> education courses and CPR certification as criteria for recertification. Each instructor teaching a SilverSneakers
<br /> group format class must complete the Healthways instructor training workshop for that class prior to teaching and
<br /> once every four(4)years thereafter.
<br /> i) SilverSneakers Program Advisor. Facility shall designate one staff member as the SilverSneakers Program Advisor,
<br /> who shall serve as a liaison to Healthways and as a resource person for SilverSneakers Members utilizing the
<br /> Healthways Network,and is knowledgeable concerning all services provided by Facility to Members.
<br /> j) Guest Pass Program. Facility shall provide Program services to persons presenting a Healthways guest pass. Properly
<br /> documented guest visits will be counted the same as a Member visit for purposes of calculating Facility's compensation.
<br /> 2. Exclusivity. City agrees to an exclusive relationship with Healthways during the Term of this Agreement for all fully
<br /> subsidized Medicare memberships, programs, products, and services, and City will not contract with any health plan,
<br /> insurance plan, or third party benefits administrator to provide services that may compete in any way with the services
<br /> being offered by Healthways. For the purposes of this Exclusivity provision, "fully subsidized" shall mean that the
<br /> Member does not provide any direct payment to City.
<br /> 3. Services to Members of Sponsoring Organization. City agrees that during the Term and for a period of one(1)year after
<br /> the completion or termination of this Agreement, City shall not contract to provide a fully subsidized fitness benefit to
<br /> Members of the Sponsoring Organization which has contracted with Healthways to provide the Program in a geographic
<br /> area proximate to Facility, or engage in any competing fully subsidized fitness network business (defined as the
<br /> ownership,management,or consultation of programs or services similar to those covered by this Agreement).
<br /> 4. Insurance. City shall cause American Healthways Services, LLC, to be named as an additional insured on its general
<br /> liability insurance policy"for all services provided under the contract agreement between Healthways and the insured."
<br /> Facility shall provide such certificate of insurance to Healthways no later than thirty(30)days after Program Ready Date
<br /> and within ten(10)days of request by Healthways thereafter.
<br /> 5. Medicare Compliance for Program(s)Provided to Medicare Recipients. In recognition that Sponsoring Organization and
<br /> its subcontractors may be obligated to comply with all applicable federal governmental regulations regarding services to
<br /> Medicare members, including the rules and regulations of the Centers for Medicare and Medicaid Services (CMS),
<br /> Healthways and City mutually agree to comply with the following for services provided to Medicare members.
<br /> a) Compliance with Federal and State Laws. Healthways and City acknowledge that payments made to City under this
<br /> Agreement may be made from federal funds. Therefore, in connection with all services rendered under the
<br /> Agreement, Healthways and City agree to comply with the requirements of the contracts between Healthways'
<br /> customers and CMS (the "CMS Contracts"), and all applicable federal and state laws and regulations and CMS
<br /> guidance and instructions, including,but not limited to all Medicare laws, such as the Medicare Modernization Act
<br /> and the regulations contained in 42 CFR Parts 422 and 423; all applicable state and federal privacy and security
<br /> requirements, including but not limited to the confidentiality, privacy and security provisions for Medicare health
<br /> plans contained in the regulations found at 42 CFR 422.118 and 42 CFR 423.136; and all applicable laws,
<br /> regulations and guidance designed to prevent fraud, waste or abuse of federal funds, including the False Claims Act
<br /> (31 U.S.C. 3729 et seq.), the Anti-kickback statute (Social Security Act § 1128B(b)), and HIPAA administrative
<br /> simplification rules(45 CFR Parts 160, 162,and 164).
<br /> b) Right to Inspect. Healthways and City acknowledge and agree that the Department of Health and Human Services
<br /> (HHS), the Comptroller General, or their designees, or any applicable state or federal governmental entity, or
<br /> Sponsoring Organization, shall have the right to inspect, evaluate, and audit any pertinent contracts, books,
<br /> documents, papers, and records involving transactions related to services provided under this Agreement to
<br /> Medicare Members. Healthways and City shall maintain accurate records of compliance with this Agreement
<br /> ("Records") in accordance with recognized accounting and document retention practices and in a format that shall
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