HomeMy Public PortalAboutORD11067 BILL NO. 88-46
SPONSORED BY COUNCILMAN HALSEY
ORDINANCE NO. 6 7
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MEMORIAL
COMMUNITY HOSPITAL FOR THE PROVISION OF AN EMPLOYEE ASSISTANCE
PROGRAM FOR CITY EMPLOYEES.
BE IT ENACTED BY THE 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
$7,500.00 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 j Approved /!Ze _
esid n fiver r
ATTEST:
City Clerk
s
AMENDMENT TO EMPLOYEE ASSISTANCE PROGRAM AGREEMENT
WHEREAS, the City of Jefferson, Missouri, a municipal corporation hereinafter
designated "City", entered into an Agreement with Memorial Community Hospital,
a nonprofit corporation hereinafter referred to as "Memorial", on July 29, 1988; and
WHEREAS, the Agreement was for the provision of the DIRECTION: Employee
Assistance Program (EAP) offered to business, governmental and educational
organizations by Memorial; and
WHEREAS, the City is desirous of continuing with the EAP services.
NOW, THEREFORE, be it agreed as follows:
1. Section 16 of the Agreement dated July 29, 1988, is amended to read as
follows:
(16) This contract shall be in effect from August 1, 1993, through July 31,
1994.
2. All other sections of the Agreement dated July 29, 1988, shall remain in effect
as stated.
IN TESTIMONY WH REOF, the parties have hereunto set their hands and seals
this go "— day of ) 1993.
MEMORIAL COMMUNITY HOSPITAL CITY OF JEFFERSON, MISSOURI
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ATTEST: ATTEST:
City Clerk
APPROVED AS TO FORM:
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City Co 'selor
contract\serviceAmemori al.eap
® A M E N D M E N T TO A G R E E M E N T
WHEREAS, the City of Jefferson, Missouri, a municipal corporation
hereinafter designated "City", did enter into an Agreement with
Memorial Community Hospital, a nonprofit corporation hereinafter
designated "Memorial", on July 29, 1988; and
WHEREAS, the Agreement was for the provision of the DIRECTION:
Employee Assistance Program (EAP) offered to business, governmental
and educational organizations by Memorial; and
WHEREAS, the City is desirous of continuing with the EAP services.
NOW, THEREFORE, be it agreed as follows:
1. Section 16 of the Agreement dated July 29, 1988, is amended to
read as follows:
(16) This contract shall be in effect from August 1, 1992,
through July 31, 1993. This contract will be in effect
for one year, with one (1) additional one-(1) -year
renewal. Negotiations for renewal must be initiated by
Memorial ninety (90) days prior to the expiration of the
contract.
® 2. All other sections of the Agreement dated July 29, 1988, shall
remain in effect as stated.
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and
seals this 3or-�_ day of , 1992.
CITY OF JEFFERSON, �MISSSSOURI
-Ma)for
ATTEST:
City Clerk
EMORIAL COMMUNITY HOSPITAL
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Name/Title
ATTEST:
t
ame/T e d
PHICO Insurance Company
One PHICO Drive/ P. 0. Box 85/Mechanicsburg, PA 17055-0086/ (717) 786.1122
® CERTIFICATE OF INSURANCE
'PHIS CERTIFIES that PHICO Insurance Company (PHICO) has issued to the named Insured a policy which provides
coverage as Indicated below. Such policy is subject to the provisions, conditions and limitations contained therein. This
Certificate of Insurance does not In any way amend, after or vary the coverage afforded by the policy referred to herein.
it Is simply a synopsis or summary of the actual insurance contract.
CERTIFICATE ISSUED TO:
Name and Address Named Insured and Address
■ City of Jefferson ■ MEMORIAL COMMUNITY HOSPITAL ASSOC.
320 E. McCarty St. OF JEFFERSON CITY MO, THE
Jefferson City MO 65101 1432 SOUTHWEST BLVD
P 0 BOX 104420
JEFFERSON CITY MO 65101
Policy Number: HP 3380 Policy Period: From: 07/01/92 To: 07/01/93
Health Care Providers Comprehensive Liability Policy Llmlts of Llablllty
Coverages* Each Medical Each Each
Incident Occurrence Incident Aggregate
A. INSTITUTIONAL PROFESSIONAL LIABILITY 11000,000 31 000 y 000
B. PHYSICIAN PROFESSIONAL LIABILITY 11000,000 3,000,000
C. PERSONAL INJURY AND PROPERTY DAMAGE LIABILITY 1,000,000 11000,000
D. DIRECTORS, OFFICERS &TRUSTEES 11000,000 11000,000
LIABILITY& STAFF PRIVILEGES PROTECTION
• Persons insured under Coverage A (if applicable) include (as indicated by an 'X' below):
(X) Professional employees of the named insured, other than physicians.
(X) Professional students of the named Insured, other than residents.
(X) Volunteers of the named insured, other than physicians and residents.
• Persons insured under Coverage B (If applicable) include (as indicated by an 'X' below):
(X) Physicians employed by, or under contract with, the named Insured listed on the Schedulo of Physicians.
Special provisions, H any,
MAI
• AUTHORIZED COMPANY REPRESENTATIVE
PHICO will make every effort to give written notice by regular mall to the above-mentloned Certificate holder of any
material change In or cancellation of this policy, but assumes no liability for failure to do to or for any error.
HPO4-MI-01 REV.01/92
GENERAL CONTRACT
DIRECTION: EMPLOYEE ASSISTANCE PROGRAM AGREEMENT
THIS AGREEMENT, made this day Of 11 19
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: EAP 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.
(b) Assist the City in the development, review and
modification of procedures relating to the operation of the
Employee Assistance Program.
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® (c) Hold orientation 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 will be in response to
supervisor, management, or self-referrals and will be held at
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 service 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
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potential or actual supervisory referrals.
(g) Provide the City, on a quarterly and annual basis,
a report of DIRECTION: EAP activities. Such reports shall
include a statistical analysis of the numbers and types of
referrals, including self-referrals; supervisory referrals;
and groupings of employees or family members by age, length
of employment and problem categories.
(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.
(t) 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
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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 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
or 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 $7, 500.00 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:
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® Employee Assistance Program. Any psychological tasting shall
be billed to the City at the rate of $50.00 per test or
program with a fee of $55.00 to evaluate the test. Starting
with the fifth supervisory training class, the City shall be
billed a the rate of $150.00 per session. Memorial 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 65101
The City is not obligated for any payments to Memorial under the
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 contact 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
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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 each one (1) year period the City
may, at its option, renew this contract for five (5)
additional one (1) year periods. The total length of the
contract shall not exceed six (6) 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
Memorial and the compensation to be paid by the City.
(4) All personnel associated with Memorial in connection with
its Program shall be deemed employees, agents, servants or
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
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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
of 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 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.
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(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
contact 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 hereto:
and
(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 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
damages caused by an act or omission of Memorial as a result of any
service rendered under the terms and conditions of the contract.
In addition to any liability imposed upon Memorial on the account
of personal injury, bodily injury, including death, or property
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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 officers, harmless and to
indemnify the City including its agents, employees and officers,
from every expense, liability or under payment arising out of such
act of omission under the terms of this contract causing such
liability. Memorial also agrees to hold the City, including is
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 contact.
(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
P.O. Box 1067
Jefferson City, MO 65102
(14) In connection with the performance of work under the
contract, Memorial agrees to comply with the Fair Labor Standards
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 be in effect from August 1, 1988,
9
through July 1, 1989. This contract will be in effect for one
year, with five (5) additional one (1) year renewals. Negotiations
for renewal must be initiated by Memorial ninety (90) days prior
to the expiration of the contract.
CITY OF JEFFERSON
Mayor
ATTEST:
ity Clerk
MEMORIAL COMMUNITY HOSPITAL
T tle:
ATTEST:
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Title: p�OAK `� l
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