HomeMy Public PortalAboutORD10619 BILL NO.� AMENDED
SPONSORED BY COUNCILMAN C>2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH MEMORIAL
COMMUNITY HOSPITAL FOR THE PROVISION OF AN EMPLOYEE ASSISTANCE
PROGRAM FOR CITY EMPLOYEES.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute a contract with Memorial Community Hospital
for the provision of an employee assistance program for the sum
of $6, 700. 00 per year.
Section 2. The contract shall be substantially the same in
form and content as that contract 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.
Passed— /7 /P, ' Approved
res ' ing Offic M or
ATTEST:
City Clerk
govern.
( 11 ) No provision in this contract , the RFP, or Memorial's
proposal shall be construed as an express or implied waiver by
the City of Jefferson of any existing or future right and/or
remedy available by law in the event of any claim of default or
breach of contract.
( 12 ) Memorial shall be responsible for any and all injury or
caused by an act or omission of Memorial �(�
damages /as a result of any service rendered under the terms ands""�I�VA
conditions of the contract. In addition to any liability imposed
upon Memorial on the account of personal injury, bodily injury,
including death, or property damage suffered as a result of
Memorial's performance under the contract, Memorial assumes the
obligation to save the City, including its agents, employees and
ah officers , harmless and to indemnify the City including its
agents, employees and officers, from every expense, liability or
under the terms of this contract
payment arising out of such act of omission/ causing such ell,
liability. Memorial also agrees to hold the City, including its
agents, employees and officers, harmless for any act or omission
committed by any subcontractor or other person employed by or
under the supervision of Memorial under the terms of the
contract .
( 13 ) Any written notice to Memorial shall be deemed
sufficient when deposited in the United States mail, postage
prepaid, and addressed to:
Memorial Community Hospital
1432 Southwest Blvd.
P.O. Box1067
Jefferson City, MO 65102
( 14 ) In connection with the performance of work under the
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contract , Memorial agrees to comply with the Fair Labor Standards
00 Act , Fair Employment Practices, Equal Opportunity Employment Act
and all other applicable federal and state laws , to the extent
that the same may be applicable.
( 15 ) Memorial 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 Memorial.
( 16) This contract shall not be effective between the
parties until July 1, 1986.
MEMORIAL COMMUNITY HOSPITAL
By
TITLE
WITNESS:
THE CITY OF JEFFERSON
By p J
MAYOR
WITNESS:
CITY CLERK
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GENERAL CONTRACT
V DIRECTION: EMPLOYEE ASSISTANCE PROGRAM AGREEMENT
THIS AGREEMENT. made this '/ day of
19j6, by and between Memorial Community Hospital, a nonprofit
corporation located at 1432 Southwest Boulevard, Jefferson City,
Missouri, 65101, hereinafter designated "Memorial, " and the City
of Jefferson, Missouri, a municipal corporation hereinafter
designated "City" .
WHEREAS , Memorial. through its DIRECTION: Employee
Assistance Program (EAP) provides assistance to business 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 ;
WITNESSETH:
For and in consideration of the mutual promises contained
herein, it is understood and agreed as follows :
(1) Through its DIRECTION: EAT staff, Memorial will:
(a) Assist in the introduction of the DIRECTION:
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 such as
personnel and public relations .
(b) Assist the City in the development , review and
modification of procedures relating to the operation of the
Employee Assistance Program.
(c ) Hold orientation sessions for all appropriate
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levels of City management and supervisory personnel.
(d) Provide assistance to City employees and members
of their households through individual interviews and/or
counseling sessions. Such session will be in response to
supervisor, management, or self-referrals and will be held at
Memorial locations as mutually agreed upon by the client involved
in such sessions .
(e) Where the DIRECTION: EAP staff deems necessary,
referrals will be made of City employees and members of their
households to other agencies and individuals for assistance.
Such referrals shall include, but are not limited to, crisis,
medical/psychological, legal, financial, or educational
referrals . In making such 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 . The
DIRECTION: EAP staff will advise those clients referred to other
sources of assistance that the client individually, and not the
City, shall be responsible for payment of all costs and fees of
any such agency for services rendered to them as a result of a
referral above the amount provided in this contract . Memorial
and the City agree that the City shall not be liable for the cost
of any services provided to an employee as a result of a referral
beyond the amount provided for in this contract.
(f) Consult with individual City supervisors regarding
potential or actual supervisory referrals .
( g) Provide the City, on a quarterly and annual basis ,
a report of DIRECTION: EAP activities . Such reports shall
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include a statistical analysis of the numbers and types of
referrals .
( h) Designate the Manager of Memorial ' s DIRECTION:
EAP to represent Memorial to the City in the day-to-day contact
regarding the services covered by the Agreement .
( i) 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.
( j ) Prepare and obtain a Memorial Community Hospital
Employee Assistance program general consent form for each
participating City employee prior to the release of any
information concerning the employee. A DIRECTION: EAP staff
member will explain such form to each participating employee.
This consent form is identified as EAP - EAP General Consent Form
( 7/85 ) •
(k) Maintain and keep files on each City employee that
participates in the DIRECTION: EAP Program. Such files and
records will become and shall remain the property of Memorial.
Strict confidentiality and security shall be maintained. Only
DIRECTION: EAP staff shall have access to such files unless
appropriate consent forms are signed (See #1, j ) .
( 1) Provide psychological testing (MMPI ) , both
screening and periodic evaluations of employees, in-service
education programs, and supervisory training classes .
( 2 ) Responsibilities of The City: The City will:
(a) Provide such meeting places and facilities as may
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contract until funds have been encumbered by a purchase order
issued by the Purchasing Division. Any payment. due Memorial
shall be made after the receipt of a properly itemized invoice ,
and after the completion and acceptance of Memorial's performance
pursuant to the terms of the contract by the City. Memorial' s
invoice must indicate the purchase order number. The City is tax
exempt . At the request of Memorial, the City will provide a tax--
exempt letter.
(3 ) (a) The City may cancel the contract at any time for
breach of contractual obligations by providing Memorial with a
written notice of such cancellation. Should the City exercise
its right to cancel the contract for such reasons , the
cancellation shall become effective on the date as specified in
the notice of cancellation sent to Memorial.
(b) The City reserves the right to terminate the
contract for the convenience of the City without penalty of
recourse by giving Memorial a written notice of such termination
at least thirty ( 30) days prior to termination.
( c) The contract shall not bind, nor purport to bind,
the City for any contractual commitment in excess of one ( 1)
year, except that at the end of one (1) year the City may, at its
option, renew this contract for an additional one ( 1) year
period. If the contract is renewed, the terms and conditions of
this contract shall remain the same, including, but not limited
to, the duties of Memorial and the compensation to be paid by the
City.
(4 ) Ali personnel associated with Memorial in connection
with this Program shall be deemed employees, agents, servants oz,
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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 DIRECTION: EAP to initiate and
maintain the Program. The City acknowledges that Memorial 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 to
Memorial in the day-to-day activities and contacts regarding
services provided by Memorial as described in this Agreement .
(e) Compensate Memorial in the amount of $6, 750 .00 per
year. Covered employees shall include only permanent full-time
and permanent part-time employees whether or not such employees
will actually participate in the DIRECTION: Employee Assistance
Program. Any psychological testing or in-service education
programs shall be billed to the City at the rate of $50 . 00 per
test or program. Starting with the fifth supervisory training
class , the City shall be billed at the rate of $200 . 00 per
session. Memorial shall submit invoices , in duplicate, for all
City incurred costs, on a monthly basis to the following:
City of Jefferson - Finance Department
320 East McCarty Street
Jefferson City, Missouri 65101
The City is not obligated for any payments to Memorial under the
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independent contractors of Memorial 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 as a result of this Program
shall not be considered as employees , agents, servants or
independent contractors of Memorial. Therefore, Memorial shall
assume all legal and financial 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 damage of any kind related to such matters .
(5 ) Any change in this contract whether by modification.
and/or supplementation, must be accomplished by a formal contract
amendment signed and approved by and between the duly authorized
representatives of Memorial and the City. Any such amendment
shall specify an effective date, any increases or decreases in
the amount to the Memorial' s compensation, if applicable, and be
entitled as an "Amendment" , and signed by the parties identified
in the preceding sentence. Memorial 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 .
( 6) All material developed or acquired by Memorial as a
result of work under this contract shall become the property of
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the City. No material or reports prepared by Memorial shall be
released to the public.
( 7 ) Memorial 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 Administrator of
the City.
( 8 ) Memorial 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. Memorial further covenants that no
person having any such known interest shall be employed or
conveyed an interest, directly or indirectly, in the contract .
( 9 ) The contract shall be construed according to the laws of
the State of Missouri. Memorial shall comply with all local,
state and federal laws and regulations related to the performance
of the contract to the extent that the same may be applicable.
( 10 ) The contract between the City and Memorial shall
consist of
(a) The Request for Proposal (RFP) and any amendments
thereto;
(b) The proposal submitted by Memorial in response to
the RFP; and
(c) This contract ;
The documents mentioned in ( a) and (b) are incorporated into this
contract by reference and are as fully a part of this contract 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 contract shall
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