Loading...
HomeMy Public PortalAboutORD13609 BILL NO.—M-03-Da SPONSORED BY COUNCILMAN Ancale _ ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CAPITAL REGION MEDICAL CENTER FOR EMPLOYEE ASSISTANCE PROGRAM. WHEREAS, Capital Region Medical Center has been selected as the firm best qualified to provide professional services related to the Employee Assistance Program; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Capital Region Medical Center is hereby approved as the best qualified firm to provide professional services and its proposal is hereby accepted. Section 2.The Mayor and City Clerk are hereby authorized to execute an agreement with Capital Region Medical Center for Employee Assistance Program. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: -� } � Approved:; "P esiding Officer Mayor A ST: "APPROVED AS TO FORM: City Clerk" City Counselor CITY" OF JEFFERSON AMENDMENT TO EMPLOYEE ASSISTANCE PROGRAM AGREE,MENT WHEREAS, the City of Jefferson, Missouri, a municipal corpor;ition, with offices located at 320 East McCarty Street., Jefferson City, Missouri, 65101, hereinafter designated"City," entered into an Agreement with Capital Region Medical Center, a nonprofit corporation, located at 1125 Madison Street, Jefferson City, Missouri, 65101, hereinafter referred to as "Provider," on September 17, 2003; and WHEREAS, the Agreement; was for assistance in the design, iatnplemc�ntation and maintenance of the City's Employee Assistance Program for employees of the City of Jefferson, Missoteri.; and WHEREAS,both parties wish to renew the Agreement fi.►r the first of two additional terms of•one(1) year and as stipulated in Paragraph 3A of+the Agreement dalcd September 17. 2003; and NOW, THEREFORE, he it agreed by the parties that the agreement is hereby renewed for the first of two additional terms of one (1) year to end December 31, 2005, IN TESTIMONY WHEREOF, the parties have heretinto set. their hands and seals this 24th_ day of December, 2004. *CITY OF JEFFERSON, MISSOURI CAPITAL REGIONAL MEDICAL CENTER ATTEST: ATTI.:ST: //0-;.1 j. , /;•� �y�,..t��-._ l�t��,��.�'' City Cler� Tit.la:L,Ar �� ;yz��_.•,t �,,:,f APPROVE )AS J?O.RM: City Counselor --- .--�---�-_-~ \I lilll/nrl I'111•+ +nl\11 nPnllll111 rr'ullnl'11111•n�llll'111 LIN:!111 N1'I CITE' OF JEFFERSON EMPLOYEE ASSISTANCE_ PROGRAM AGREEMENT THIS AGREEMENT, rraade this 17"' day of September, 2.003, by and between Capital Region Medical Center, a nonprofit corporation IocofE;d at 1 125 Madison Street, .Jefferson City, Missouri, hereinafter designated "Provider," and the City of Jeffe=rson, Missouri, a rriunicipal corporation, hereinafter designated "City," located at 320 East McCarty Street, .Jefferson City, Missouri, 65 10 1 . WHEREAS, Provider, through its DIRECTION: Employee Assistance. Program (EAP), provides assistance to business, governmental and educaiional organizations with the dc.,sign, implementation, and maintenance of DIRECTION:E'AP lot-the employers of suc-h busine,,ses,dovr-„mnmier r lal and educational organizations; and WHEREAS, the City desires that such a progr(-,irn should be ovoilable to its en-iployees. NOW THEREFORE, for and in consideration of the ra rutu al r>ic:>naisc:s on tcainc,d herein, it is understood and agreed as follows: 1. Responsibilities of Provider. A. Assist in the inlroduction cat 11hr` L)IRFC:1101]: Ln iployr`­ Assistcanc;e i're�grc:am for the City and its manngemc;nl crn(i cil7tari�l,nc.ilfr st(Irr, B. Assist the City in thc, developmr,nt, revir w card rnodific(iticc of procedures relating to the operation of DIRi:C11OH: FAI'. C. Hold training s(>`ssions for c_rll c il,f;(oI_,fintc; k-o.d,of City r!I(rncrcrc;r,'ar nt, Suf�e?rvlsory pef50nr1el, and employe!(;$, D. Provide ossislcam;e to City's elnf.)lnye:(!”(.Ind irnrnediutr; primary residence iswilh c;r (u(,-dept nci(.•nts of tlu r;niployec "of federal income tax purposes, through individual intowic'w'; :Itld/car couns.elinq sessions. For purposes of this agreement immcxliale family memf ot,, cur, rb,,fitic:-d cis husband, wife, son, son-in••law, daughter,rlcauclh►r:r-in law,ncc�lhr r,rnottu:r in I aw,fcaUx r, fathr;`r•in ICaw,brolhc�r,brother in law, sister, Such sessions will be in response, 10 supervisor,rnanacaenu1nt,(:)r self tc ferrcrl,,sand will be fl(.-,-,ICI cat CUIDital Region as r OUCIlly agreed upon by thc; clir;nl involve-rd in rmch session, ihf nur7aber of counseling sessions available toe ach employ("o crud/c) (can-lily fwmnher c=ar `,c1 for on Altuchment A atlactaed hereto. Referrals fear fincrncid cnuwelincf or l(?gol or niedical servi(:os for employees or family members C11f' offered off can (.rs needed he-tsls thiow.1houl the lapeement year. E. Provicle on-site assistow o to 1111- City' . err,f.,Ie;yrieS fc)r critical incidef ni debriefing. F. Where the; DIRE:CIIOHd I-All stuff (V?on)s nc ce5,ary tek,,irnis will be made. for City's employees and lhceir fancily mc`m l.w, to other acted icies c-nad individuate for 0ssisla110,1. In nriaking such referrals to othr;r c.Igr_andos, clue fegard will Lw cliven to the appropriateness rf\Cnndacl r,,gi.,n r.un'un.l;(r 1,.In LP.-I n , �:•1„1 of the reft-vials in view of the need,location,cost and available resources. fhe DIRECTION: EAP staff will advise lhose employees or family members referred to other sources for assistance, that thr,- c:mployeo crud/or family member individually, and not City, will be responsible for payment of call costs and fees of any such agency for services rendered to them. G, Consult with indiv.'ducil supervisors or City regarding potential supervisory referrals. H. Provide the City, on a quarterly and annual basis; a report of EAP activities, The annual report shall include a statistical analysis of the number and types of referrals, including self-referrals and supc-rvisory referrals an groupings of employees or family members by age, gender, length of employment, and problem categories: provided if in the opinion of Provider any statistical category could compromise confidentiality of a user, then said category shall be omitted from tine report, L Oesignale Capital Region's DIRECTION: EAP counselor to represent Capital Region to the City in the day-to-day conlact reg aiding the services covered by the Agreement. J. Acknowledge that all of the above responsibilities and freatr-tenis rendered by it will be conducted by cluly qualified and, it required, licensed personnel, and that any and all referrals rnade by it will be made; to such duly qualified and licensed personnel. K. Prepare and obtain a consent form to L)e signed by each participating employee and/or family nIernbr-.r prior to the release or receipt of any information concerning that employee and/or family rnember except when: a medical emergency occurs: a court order or subpoena requires disclosure: or o client presents a serious threat to the life or safety of himself/herself or others. Ccapitcrl Region Medical Center and its agents and employees will ® be held harmless for any loss.cost or damages allegedly sustained by art employee and/or family member because of release of information under the circumslarice listed above. A supervisor of the City and/or DIRFMION: EAF staff members will explain such form to each participating employee L. Maintain and keep files on c ach City employee and/or family members that participates in the DIRECTION: EAP Program. Such files and record,will become and shall remain the property of Provider, Strict confidentiality and security shall be maintained. Only DIRECTION:EAF staff shrill have access to such files with the exception of the circumstances listed in 1,(K). M. Communicate and promote the benefits of EAP to employees,supervisory personnel and management through a combined effort of orientation sessions and written promotional materials. 2. Responsibilities of the Cite A. Provide such meeting place, and facilities as may be required for planning and evaluation meetings, grou(:) orientation sessions, sessions with individual supervisor and employees, and seporcatct group educational in-service programs. B. Assun-re responsibility for scheduling and notifyi,ui participants of such meetings, C. Distribute internal and external publicity and communications provided by DIRECTION: EAP, subjection to the City's approval, tea initiate and maintain the Program. The City H.\C onhgtl IIInS\torvkn\cnpUal nrpon�con4ua J(Al7 i.p-Inlru I I i/pt ap•t 2 ` acknowledges that Provider recommendations as to the timing of such publicity and communications. D. Designate an employee of the City to be the coordinator of the Prograrn and,as such, to represent fhe City to Provider in the day-lo-day activities and contacts regarding services provided by Provider cis described in this Agreement. E. Compensate Provider in the amount specified in Attachment A. Covered employees shall included regular lull-time and regular part-time employees of the City whether or not such employees will actually participate in the DIRECTION: Employee Assistance Program, The Determination of covered employees shall be made as of the initial agreement date and redetermined at the end of each quarter, i.e., every three months. Billings shall be made in advance on a quarterly basis and the amo.mf due is payable upon receipt of billing, 3. Duratlon and Renewal of Contract. A. This Contract shall be in effect from January 1, 2004, through December 31, 2004. This Contract will be in effect for one year,with two (2)additional one (1)year renewals, Notice of intent to renew must be provided by both parties sixty (60) days prior to the expiration of the Contract. B. The Contract shall not bind, nor purport to bind, the City for any contractual commitment in excess of one (1)year,except that, as referenced in sub-puragraph A above,of the end of each one (1) year period the parties may renew this Contract for an additional one (I) year period. The total length of tide Contract shall not exceed three (3) years, If the Contract is renewed, the terms and conditions of this Contract shall remain the same, including,but not limited to,the duties of Provider and the compensation to be paid by the City as set out in paragraph 2E of this Contract. 4. Cancellation. The City and/or the Provider may cancel the Agreement at any time for breach of contractual obligations by providing a written notice of such cancellation to the other party. Should the City or the Provider exercise its right to cancel the Contact for such reasons, the cancellation shalt become effective on the date as specified in the notice of cancellation sent to the other party. 5. Termination The City and the Provider reserves the right io terminate the Agreement for the sake of convenience without penalty of recourse by the other party, by diving to the other party a written notice of such termination at least sixty (60) days prior to termination. 6. Personnel of Provider. All personnel associated with Provider in connection with its Employee Assistance Program shall be deemed employees, agents, servants or independent contractual of Provider and not employees of the City. Physicians or other health professionals,personnel or agencies to whom the employees of the City may be referred for independent consultation or treatment cis a result of this program shall not be considered as employees, agents, servants or independent contractual of Provider. Therefore,Provider shall assume all legal and financial responsibility for laxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, and other employment related cost, and agrees to indemnify,save and hold the City,its officers,agents and employees,harmless from and against, any and all loss, cost (including attorney fees), injury, and damage of any kind related to such matters. H:\Conlracl rogion\conhuc I'ZOOJ updnlnd 11.1 r p}Bpd 3 - 7, Modification of AgLegqment Any change in this Agreement,whether by modification and/or by supplementation,must be accomplished by a formal contractual amendment signed and approved by and between the duly authorized representatives of the Provider and the City. Any such amendment shall specify an effective date, any increases or decreases in the amount of the P'rovider's compensation, if applicable,and be entitled as an "Amendment,"and signed by the parties identified in the preceding sentence. Capital Region expressly and explicitly understands and agrees that no other rrlethod and/or no other document, including correspondence, acts, or oral communications by or from any person, shall be used or construed as an amendment to the Agreement. 8. Confidentlality All material developed or acquired by Provider as a result of work ender this Agreement shall remain the property of the Provider except as olherwise provided in this contract. No material or reports prepared by Provider shall be released to the public. 9. Assignments. Providershall not assign any interest in the Agreement sand shall riot transfer any interest,whatsoever,in the Agreement without the prior written consent of the City. 10. Conflicts of Interest. Provider covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with the performance of the services hereunder. Provider further covenants that no person having any such known interest shall be employed or conveyed an Interest, directly or indirectly, in the Agreement. 11. Applicable Law. The Agreement shall be construed according to the laws of the Slate of Missouri. Provider shall comply with all local, state and federal laws and regulations related to the performance of the Contact to the extent that the some may be applicable,including the Fair Labor Standards Act, Fair Employment Practices,and the Equal Opportunity Employment Act. 12. Entire Agreement. The Agreement between the City and Provider shall consist of: A. The Request for Proposai (RFP) and any amendments hereto; B. The proposal submitted by Provider in response to the RFP; and C. This Agreement. the documents mentioned in (a) and (b) are incorporated into this Agreement by references and are as fully a purl of this Agreement as if set out in full herein. In the event of a conflict in language between the three documents referenced above, the provisions and requirements set forth in this Agreement shall govern. K\ConlroclfrWj\jervlce\cdp:iQ1mplan\conhud'h1U.'ry�rnred II IJ01wnd 4 l3, Waivers. No provision in this Agreement, the R P, or Provider's proposal shall be construed as an express or impited waiver by the City of Jefferson of any existing or future right and/or remiedy available by law in the event of any claim of default or breach of Agreemeni, 14, Liabillty for lnJur. Provider shall be responsible for any and all injury or damages caused by an act or emission of Provider as a result of any service rendered under the terms and conditions of the Agreement. In addition to any liability Imposed upon Provider on the account of personal injury, bodily injury, including death, or property damage suffered as a result of Provider's performance under the Agreement, Provider assumes the obligation to save thri City,including its agents,employees and officers. harmless and to indemnify file City Including Its agents, employees and officers, frorn every expense, liability or under payment arising out of such act of omission under the terms of this Agreement causing such liability. Provider also agrees to hold the City, including its agents, employees and officers, harmless for any act or omission commitled by any subcontract or other person employed by or under the supervision of Provider under the terms of the Contact. 15. Notices. Any written notice to the City shall be deemed sufficient when cleposiled in the United States mail, postage prepaid,and addressed to City of Jefferson c/o Cily Clark,320 East McCarty, Jefferson City,Missouri,65101, Any written notice to Provider shalt be,deemed sufficient when deposited in the United States mail, postage prepaid, and addressed to Capital Region Medical Cenler, P.O. Box 1128, Jefferson City, Missouri. 16. Indemnity. Provider shall defend, protect and hold harmless the City,its officers, ugencies and Pt-nployees against all suits of law or in equity and frorn all damages, claims or demands for equipment, supplies and services provided Provider. 17, Paragraph Hea. dings. The headings of each paragraph contained herein are fox c:orlvenience in reference only and are not intended to detine or limit the scope of any prevision of this Agreernent, IN WITNESS WHEREOF, the parties have executed Ihis Agreement the day and year first above written, CITY OF JEFFERSON, MISSOURI CAPITAL REGIONAL MEDICAL CENTER , 1 , Mayor y Title: ATTEST-: AT1 CST: Cif Clerk­ Title: APP VED O FORM: City Counselor 11.\ContiocIFifeAsomica\cowInI lnpinn\gOf'If-1.'007 uolk If ed I I 1 i 03 wPd - J ATTACHMENT A Capital Region Medical Center DIRECTION: Employee Assistance Program Contract 1, The commencement date of this Agreement shall be January I, 2004 2, A total of six(6)50-minute psychological counseling sessions per family unit per contractual year will be offered. Family unit will consist of the employee and employee's immediate tinnily. 3. The amount of compensation paid to Capital Region Medical Center by the City of Jefferson will be $20 per covered employee for year number one, $20 far year number two and $20 tar year number three. Payments are to be made as described in Section 2e. H;\Controcl FlWs\i-lco\capitol roglon\conhoal 2009 updoted 1 btY 09.wpd - 6 - IM 0 01 z 0 �lm211 r—�0 �-i(A.� W—1 1 n v m C.) :p -J., a 0 , 101 cx W M 9 g 21 191 (n Lo.1 1-j i, Cl a to: C g =r 0 -Vito '0 .13 ,- -- ! , 01. ig r, z :03 m m m InI o CD Io ItD (n m Irol EP ul—I ; m m Al CIO (D 210 m @ 'MI -4 "A or 'n I c: cnl cn, (A in IUiI T), a or ! I I i j I i ro l j ( 0 CD It i 0 CD, lyl jai m (D C) >e ( , 3 io i(D �en lol (D M M M (D M (D (D I(D I (D rj (1) M U) (n I (In (A:(n,l u) (j); tJ (D 0 1-41 C:, CJ a[ 10; -N I ol C) CS I 1:3 le le I i 0 IMP m m M m 11 m I I (D m I 0 0 0 0 0 MIMI to cn,l cn I CD 1 10 0, a IIm m m m m m M m 0 01010 m1w 0!cn 0 (n (D 74, IA 0 h�0 0 C) C) fA m 0 -1 i Ej, -5,; 1 W. CD CD m m mim m m 0 IMP 1 C) : , (-) Or, a m (o vi cn C F- = :31c:j,<�c C:,r-; CL M M CA. Cl C.1 0. OUD cn ID oo 0 1 z m n m D 51 (A (I a U 0- Sl (L a Q 011al a c c c a C C a a C Cl 1 8 il� Ni Ia1 _ m @ r-L a. ca. Ll CL I cl CL a ul on m mm m m1mal"Icl-, t -4 2.1 m CLi cl CL a CL CIL OL OL ut 10 pyl I 1 i PO @ fA (D 0 'U :3 CD M (D M (D (D (D (D (V MI n =1 n* 0. CL i= M :3 CD =. C"), 0 0 0 0 0 0 0 0 ol z 0 L, a 'U.0 (A cn 0) 0 CD a'I CL r. :3 cl.Z1 wj 73 n m (a ow fto- flpl P- a C r- C: C C: C.1 1 a fA -9. a CL cx m a a a a a , , , , a w ra I M @ C) CL m a CL C at (-n al CA M M CD C CLI C. 'I(D CM,I a CL a a a a D M JM @0 M ?L cn l � i i I I 1 i a C11 e I a) 0 -0 Ei. m m m m m M m m cl CD zr CO (A m 0 0 0 a M A a q, IL) I , 1- . .. . T T a'-' C 21 o=, a , c la c 7 w CL w m CL Z CL a (X al I =1 m S 5 m (A M CD IMP 0 c c- N) 5* a a) I I a) ca: Ca g g I I a), @ o CL C'L m a a a S. CL a Cx CL a 1-) 1 3 (D I 1 1 :3 a ? ID m m . L 2. ? 0 — CL L a cx 0 m C. 'A CITY OF JEFFERSON AMENDMENT TO EMPLOYEE ASSISTANCE PROGRAMAGREEMENT WHEREAS,the City of Jefferson, Missouri, a municipal corporation, with offices located at 320 East McCarty Street,Jefferson City,Missouri, 65101,hereinafter designated"City,"entered into . an Agreement with Capital Region Medical Center, a nonprofit corporation, located at 1125 Madison Street, Jefferson City, Missouri, 65101, hereinafter referred to as "Provider," on September 17, 2003, and amended December 24, 2004; and WHEREAS, the Agreement was for assistance in the design, implementation and maintenance of the City's Employee Assistance Program for employees of the City of Jefferson, Missouri; and WHEREAS,both"parties wish to renew the Agreement for the second of two additional terms of one(1)year _and as stipulated in Paragraph 3A of the Agreement dated September 17 2003,and amended December 24,2004-, and — — —- - — - NOW, THEREFORE, be it agreed by the parties that the agreement is hereby renewed for the final of two additional terms of one(1) year to end December 31, 2006. IN TESTIMONYWHEREOF,the parties have hereunto set their hands and seals this `e2' day of December, 2005. CITY OF JEFFERSON, MISSOURI CAPITAL REGION MEDICAL CENTER May tle: ATTEST: ATTEST: 1,Cain ity Clerk ST . �y APPRO AS O F RM: z (4441 City nuns or r' l0 M\Contract Files\service\capital region\amendment 2000.wpd kwcr- F.., ....C ..„� ' DEC 16 2005