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:
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City Cler� Tit.la:L,Ar �� ;yz��_.•,t �,,:,f
APPROVE )AS J?O.RM:
City Counselor --- .--�---�-_-~
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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.
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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:
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