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HomeMy Public PortalAboutORD12636 r 1 4( BILL NO. 97-44 w SPONSORED BY COUNCILMAN NILGES 1 y ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH CAPITAL REGION MEDICAL CENTER TO PROVIDE EMPLOYEE ASSISTANCE_PROGRAM (EAP)SERVICES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to enter into an agreement with Capital Region Medical Center to provide Employee Assistance 'r Program services. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This ordinance shall be in full force and effect from and after the date of its passage and approval and shall be renewable for two additional one-year periods. , Passed: 02./—9'f Approved: Presidintofficer Mayor ATTEST: APPROVED AS FOR City Clerk'Clerk ity C for F s f t t ,� F r 1 •' 6 R t I�i e Yt Yr t�. t l�X 15 NS 1 .I,�• t ,1:i :+arws4'1�i:a ipXtYtYSH}1.u4:Y.n^..:.,fXi:•W.'Y,"YY'..7 f•', a,.':l:i'L'fa,:t:- .,..a_CF'i;«:jx>:n.i<t.,rryJ.<4"'t�5 v..a to^,my' .f. i�'• �:i= vv,r�f� nr�I y , {aj 1 ` p 114... t•k G2tt+�h>� ��� + , .y ;. 1 t. f"fit i If � o �t 4 t Ii t t Vii: I a f f" CITY OI+,JE FFEIRSON RENEWAL OI'EMPLOYEE ASSISTANCE PROG RX�NT WHEREAS,the City of Jefferson,Missouri,a municipal corporation,herein L[GAt�� �. �' into a Contract with Memorial-Still Regional Medical Center d/b/a Capital Region MedncaI lLnte n liereinnfter referred to as"Provider,"on July 21, 1997; ' WHEREAS,the Contract was to provide,through its Employee Assistance Program(EAP),assistance to the design,implementation,and maintenance of the Employee Assistance Programs for the employees of the City; WHEREAS,the City desires that such a program should continue to be available to its employees;and WHEREAS,the parties wish to renew the Contract for a one(1)year period,exercising the final renewal option,on the same terms and conditions as currently exist. Y' 1 j NOW,THEREFORE,be it agreed as follows: A. Paragraph 2E of the Contract dated July 21, 1997,is amended to read as follows: 2. Resnonsibilities of the City. The City will: E. Compensate Provider in the amount of Six Thousand Two Hundred Sixty Two Dollars ($0,262.00)for the final renewal year for EAP services,health screens and wellness education; exclusive of the individual employee fee for their combined blood work. B. Paragraph 5 of the Contract dated July 21, 1997,is amended to read as follows: mot. 6. Term of Agreement. The term of this agreement shall be for a period of one year, commencing July 21, 1999 and ending on July 22,2000. C. All other sections of the Contract dated July 21, 1997,as previously adopted and amended, shall remain in effect as stated. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this 30 y September, 1999. _�? day of 5... CITY OF JEFFERSON,MISSOURI MEMORIAL-STILL REGIONAL MEDICAL CENTER d/b/a CAPITAL REGIONAL / MEDICAL CENTER May r ) `' Title } ATTEST: Q ATTEST: f Cn y Cler Title APPROVED AS TO FOR o�i�.P�C6QQla� S City Counselor S .. 11:\Secmarywontract F1les\service\capltd region\nap 1999 renewal.wpd l CITY OF, JE,Frf ERSO.N ✓"'� AMENDMENT TO EMPLOYEE ASSISTANCE PROGRAMAGREEMENT WHEREAS, the City of Jefferson, Missouri,it municipal corporation, with offices located at 320 East McCarty Street,Jefferson City,Missouri,66101,hereinafter designated"City,"entered into an Agreement with Memorial-Still Regional Medical Center d/b/a Capital Region Medical Center, a nonprofit corporation, located at P.O. 1128, Jefferson City,Missouri,66102-1128,hereinafter referred to its"Provider,"on July 21, 1997. 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 defferson,Missouri;and WHEREAS, both parties wish to amend the Agreement by adding provisions related to physical examinations required to complete the E.M.S.license application forms as required by the State of Missouri. i NOW,THEREFORE,be it agreed as follows: A. Paragraph 1,"Responsibilities ol'Provide•,"of the Agreement dated July 21,1997,is hereby amended ` by adding a new subpart N to read as follows: N. Provide physical examinations required to complete the E.M.S.license application form for the State of Missotri including completion of the physician statement portion of the required state farm. B. Paragraph 2,"Responsibilities of the City,"of the Agreement dated July 21,1997,is hereby amended by adding a new subpart F to read as follows: 1 F. In addition to compensation provided otherwise in this Contract, the City shall �. compensate Provider in the amount of Thirty-Five Dollars($36.00)per person for physical examinations and completion of physician's portion of E.M.S. license application. hi any renewal years of this Contract,the fee for this service shall be negotiated. C. All other sections of the Agreement dated July 21, 1997,shall remain in effect as stated. IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this 15?�ay of August, 1997. CITY OF JEFFERSON,MISSOURI MEMORIALSTILL REGIONAL MEDICAL ' CENTER D/B/A CAPITAL REGIONAL I . 1 MEDICAL CENTER �T;(.lLGC(' Vl�-GL C.t'�Gc,-tLt.�.� �..a-Lc-cy-.J �CJ-�•t� Mayor Title: ATTEST: D ATTEST: City Clerlt 1'ttle: Ste- �.�•o,.d.�,.,;�;a,. APPROVED AS TO tM- City Counselor �^ l:.\Illn l4.nitix 1x41 rvxr\rnlnlnl lrNxn\,In rnllm.Ill In mlrixl I:I.li.rlul hi ' �ti' syt}r x I{1 I i x CITY OF JEFFERSON EMPLOYEE ASSISTANCE PROGRAM AGREEMENT THIS AGREEMENT,made this-2,U day of July, 1997,by and between Memorial-Still Regional Medical Center d/b/a Capital Region Medical Center,a nonprofit corporation located at P.O.Box 1128,Jefferson " City, Missouri, 65102-1128, hereinafter designated "Provider," and the City of Jefferson, Missouri, a municipal corporation,hereinafter designated"City,"located at 320 East McCarty Street,Jefferson City, Missouri,65101. WHEREAS,Provider,through its Employee Assistance Program(EAP),provides assistance to businesses and governmental organizations with the design,implementation,and maintenance of Employee Assistance Programs for the employees of such businesses and governmental organizations;and WHEREAS,the City desires that such a program should be available to its employees. NOW THEREFORE,for and in consideration of the mutual promises contained herein,it is understood and agreed as follows: 1. Responsibilities of Provider. Through.its EAP staff,Provider will: A. Assist in the introduction of the Employee Assistance Program for the City and the development of supporting information for the Program. This shall include working with the City management and appropriate staff. c B. Assist the City in the development, review and modification of procedures relatin g to the operation of the Employee Assistance Program. C. Hold training sessions for all appropriate levels of City management,supervisory personnel, and employees. D. Provide assistance to City employees and members of their households through individual interviews and/or counseling sessions. Such sessions shall include,but are not limited,to the following problem categories:crisis, medical/psychological, legal, financial, marital, family, i „ emotional, alcohol or drug related, and educational. Such sessions will be in response to supervisor,management,or self-referrals and will be held at locations as mutually agreed upon by the employee or family member involved in such sessions. Three(3)such sessions for each of two(2)problem categories will be available per employee or family member each year without a fee charged to the employee. There shall be a limit of six(6)free visits total per family(including employee)per year regardless of the number of family members accessing the program. j E. Refer City employees and members of their households to other agencies and individuals for assistance whenever the EAP staff deems such referrals to be necessary. Such referrals will include,but not be limited to,the problem categories as set out in paragraph 1D above. In making referrals to other agencies, due regard will be given to the appropriateness of the referrals in view of the need,location,cost and available resources. Provider and the City agree that the City shall not be liable for the cost of any services provided to an employee or family member as a result of a referral beyond the amount provided for in this Contract. The EAP staff will advise those employees or family members referred to other sources of wy assistance that the employee individually,and not the City,shall be responsible for payment of all costs and fees of any such agency for service rendered to them as a result of a referral above the amount provided in this Contract. l:.Uracl�nnlrw'4Vorvrn4yiild mR��nlmc11:M17.M1'�1 k R I � F. Consult with individual City supervisors regarding potential or actual supervisory referrals. G. Communicate and promote the benefits of BAP to employees, supervisory personnel and management through a combined effort of orientation sessions and written promotional • ,l • materials. H. Provide on-sito health screenings and health education programs twice a year. Each session will include,at a minimum,either blood pressure or total cholesterol screening in addition to one other health screening or liealth education program as shall be jointly determined between the City and the Provider. I. Provide the City,on a quarterly and annual basis,a report of EAP activities. Such reports shall include a statistical nnalysis of the numbers and types of referrals, including self-referrals and supervisory referrals;and groupings of employees or family members by age, gender,length of employment,and problem categories. J. Designate the Manager of Provider's EAP to represent Provider in the day-to-day contact with i the City regarding the services covered by the Contract. K. Acknowledge that all of the above responsibilities and treatments rendered by it will be conducted by duly qualified and,if required,licensed personnel,and that any and all referrals made by it will be made to such duly qualified and licensed personnel. L. Prepare and obtnin an Employee Assistance Program General Consent Form for each participating City employee prior to the release of any information concerning the employee. jAn BAP staff member will explain such form to each participating employee. i M. Maintain and keep files on each City employee that participates in the EAP Program for counseling services. Such files and records will become and shall remain the property of Provider. Files and records with regard to health and health risk assessments shall be the , property of the City. Strict confidentiality and security shall be maintained. Only EAP staff shall have access to such files unless appropriate consent forms are signed[see paragraph 1L above]. 2. Responsibilities of the City, The City will: A. Provide such meeting places and facilities as may be required for planning and evaluation meetings, group orientation sessions, and individual conferences with supervisors and employees. B. Assume responsibility for scheduling and notifying participants of such meetings. C. Distribute internal and external publicity and communications provided by EAP to initiate and maintain the Program. The City acknowledges that Provider will provide recommendations as to the timing of such publicity and communications. D. Designate an employee of the City to be the coordinator of the Program and as such to represent the City or Provider in the day-today activities and contacts regarding services provided by Provider as described in this Contract. r E. Compensate Provider in the amount of Five Thousand Eight Hundred Ninety-Four Dollars ( , ($5,894.00)per year for EAP services,health screens and wellness education;exclusive of the individual employee fee for their combined blood work, Total coot for renewal year one will be Six Thousand One Hundred Twenty-Six Dollars($0,126.00)and total coat for renewal year two will be Six Thousand Three Hundred Sixty-Seven Dollars($6,367.00). Those renewal rates are also exclusive of the individual employee fee for their combined blood work. Covered L':\IrrlWxllrrclr\rrvlrn\r�lilMl RCNn4nlriN1 I1tl17 r.iHl '2- d 1. fi ,. Y employees shall include only regular full-time and regular part-time employees whether or not such employees will actually pnrticipato in the Employee Assistance Program. Provider shall submit invoices,in duplicate,for all City incurred costs,on a quarterly basis to the following: City of Jefferson-Finance Department 320 East McCarty Street Jefferson City,Missouri 06101 The City is not obligated for any payments to Provider under the Contract until funds have been encumbered by a purchase order issued by the Purchasing Division. Any payment duo Provider shall be made after the receipt of a properly itemized invoice, and after the completion and neceptance of Provider's performance pursuant to the terms of the Contract by the City. Provider's invoice must indicate the purchase order number. The City is tax exempt. At the request of Provider, the City will provide a tax exempt letter. 3. Cancellation. The City may cancel the Contract at any time for breach of contractual obligations by providing Provider with a written notice of such cancellation. Should the City exercise its right to cancel the Contact for such reasons, the cancellation shall become effective on the date as specified in the notice of cancellation sent to Provider. 4. Termination. The City reserves the right to terminate the Contract for the convenience of the City without penalty of recourse by giving Provider a written notice of such termination at least thirty(30)days prior to termination. 5. Duration and Renewal of C ntract A. This Contract shall be in effect from August 1,1997,through July 31,1998. This Contract will be in effect for one year,with two(2) additional one (1)year renewals. Negotiations for renewal must be initiated by Provider 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 p)year,except that,as referenced in sub-paragraph A above,at the end of each one(1)year period the City may,at its option,renew this Contract for an additional one(1) year period. The total length of the 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. S. Modification of Contract Any change in this Contract,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 Provider and the City. Any such amendment shall specify an effective date,any increases or decreases in } the amount of Provider's compensation,if applicable,and be entitled as an"Amendment,"and signed by the . parties identified in the preceding sentence. Provider expressly and explicitly understands and agrees that no other method and/or no other document, including correspondence, acts, and oral communications by or from any person,shall be used or construed as an amendment to the Contract. 7. Personnel of Provider All personnel associated with Provider in connection with its Employee Assistance Program shall be deemed employees,agents,servants or independent contractors of Provider and not employees of the City.Physicians t or other health professionals,personnel or agencies to whom the employees of the City may be referred for independent consultation or treatment as a result of this program shall not be considered as employees,agents, servants or independent contractors of Provider. Therefore, Provider shall assume all legal and financial i .3- responsibility for taxes,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 damago of any kind related to such matters. S. Confidentiality, All material developed or acquired by Provider as n result of work under this Contract shall become the property of the City except as provided in paragraph 1M. No material or reports prepared by Provider shall be released to the public. 9. Audenments. Provider shall not assign any interest in the Contract and shall not transfer any interest,whatsoever,in the Contract 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 Contract. 11. Applicable Law, The Contract shall be construed according to the laws of the State 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 same may be applicable,including the Fair Labor Standards Act,Fair Employment Practices,and the Equal QJ Opportunity Employment A^f., I " 12. 1ntire Contract The Contract between the City and Provider shall consist of.. t A. The Request for Proposal(RFP)and any amendments hereto; B. The proposal submitted by Provider in response to the RFP;and ` C. This Contract.The documents mentioned in(a)( )an (b)are incorporated into this Contract by reference and areas fully apart of this Contract as if set out in full h,rein. In the event of a conflict in language between the three documents referenced ahuve, the provisions and requirements set forth in this Contract shall govern. 13. Waivers, No provision in this Contract, the RFP,or Provider's proposal shall be construed as an express or implied waiver by the City ofJefferson of any existing or future right and/or remedy available by law in the event of any claim of default or breach of Contract. 14. Liability for Iniury Provider shall be responsible for any and all injury or damages caused by an act or omission of Provider as a result of any service rendered under the terms and conditions of the Contract. 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 Contract, Provider assumes the obligation to save the City, including its agents,employees and officers, harmless and to indemnify the City including its agents, (ra�J employees and officers,from every expense,liability or under payment arising out of such act of omission under I c.�ar��..n+r.rah.anre4wn,++lrnvn�,nir..�uerc.,,+ .4_ ,MMM the terms of this Contract causing such liability. Provider also agrees to hold the City,including is agents, .. employees and officers, harmless for any act or omission committed by any subcontractor or other parson employed by or under the supervision of Provider under the terms of the Contact. 16. Notices, Any written notice to the City shall be deemed sufficient when deposited in the United States mail,postage prepaid,and addressed to City of Jefferson c/o City Clerk,320 East McCarty,Jefferson City,Missouri,66101. Any written notice to Provider shall be deemed sufficient when deposited in the United States mail,posts go prepaid,and addressed to Memorial-Still Regional Medical Center d/b/a Capital Region Medical Center,P.O. Box 1128,Jefferson City,Missouri,66102-1128. 16. Indemnity. Provider shall defend,protect and hold harmless the City,its officers,agencies and employees against all suits of law or in equity and from all damages,claims or demands for equipment,supplies and services provided Provider. 17. Paragraph Headings, The headings of each paragraph contained herein are for convenience in reference only and are not intended to define or limit the scope of any provision of this Contract. IN WITNESS WHEREOF,the parties have executed this Contract the day and year first above written. CITY OF JEFFERSON,MISSOURI PROVIDER MEMORIALSTILL REGIONAL MEDICAL LATER d/b/a CAPITAL REGIONAL E 'ICAL CE E Mayor Titl . ATTEST: ATTE T: Clerk Ti. le: aNt A (<u-FiNlEf)ERS 140r4?`'t'UMA STATEOFMISSOURI APPROVED AS ORM: COLE couNTti MYCOMMISSION EXP APR.26,= f City nse or I ' I r � e.�t,.n�..,t..n.�..rv��ynt�l rn..•w�t.rt een..iwl -J- a 4 ,. g .•e,- .. , �,. �.?a....,r. � =L�':'572f. 4 + ••t4;�>C h1}.i!i�jt .'J•{"'ham' .- + f. .. .• :' ` � � - 'FYI ) { NEW- +r i t. EMPLOYEE ASSISTANCE PROGRAM PROPOSALS PROPOSER ORIGINAL RENEWAL RENEWAL COST YEAR 1 YEAR 2 Ga�ittat Regign $�,7a8 0D. $6,©21.'00• ��,262.bb� t Boone $52.88/hr $55.52/hr $58.30/hr lSt.Marys $7,624.80 $7,624.80 $7,624.80 Proposer Body Comp Chol/BS Glaucoma Bearing Health Fair Fitness Mens' Assess Screening Boone $26/ee $78/ee $95/ee St.Marys $3/ee $8 $28 t Pro ser Seminar Newsletter Cooking Fit Mom Fitness Smoking Wei ht Boone $100/30-45 min $2,000 $20 1hr $40/4wks $36/12wks $85/5wks $125/Swks St.Marys $0 $75/8wks $75/10wks i C. tt r. >r t� y r z s'0. ^ TF } t . t Y Y