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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 8 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 9 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 1 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 2 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 3 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, 5 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 4 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 6 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 7