2002-402O ANCE NO.,g,¢O - ¢97,
AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT
EMPLOYEE ASSISTANCE PROGRAM (EAP) SERVICES FOR THE CITY OF DENTON;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN
EFFECTIVE DATE (RFSP 2887-EMPLOYEE ASSISTANCE PROGRAM AWARDED TO
WORKERS ASSISTANCE PROGRAM, INC IN THE AMOUNT OF $18,096).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase services to provide an Employee Assistance Program in accordance with the procedures
of State law and City ordinances which authorizes competitive sealed proposals for contracts for
insurance; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RESP
NUMBER CONTRACTOR AMOUNT
2887 Workers Assistance Program, Inc. $1.16/employee
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items and
of the submitted proposals wish to enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the proposals, the City Manager or his designated
representative is hereby authorized to execute the written contract; provided that the written contract
is in accordance with the terms, conditions, specifications, standards, quantities and specified sums
contained in the Proposal and related documents herein approved and accepted.
SECTION 4. That by acceptance and approval of the above numbered items of the submitted
proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in
accordance with the approved proposals or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ]t ~ day of ~~__~, 2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
02-18-03 P02:23 IN
AGREEMENT BETWEEN THE CITY OF DENTON
AND WORKERS ASSISTANCE PROGRAM, INC.
This agreement, executed the 1st day of January, 2003, is between the City of Denton
("City")and Workers Assistance Program, Inc., Texas Corporation (the "Provider").
The Plan
1.1
1.2
1.4
1.5
2.1
2.2
2.3
2.4
SECTION 1
Denton has adopted an Employee Assistance Program providing employees of the City
of Denton and their dependents, and retirees benefits set forth in the plan.
The name of the Plan is the Employee Assistance Program.
The effective date of the Plan is January 1,2003.
The cost of the plan is 1.16 per employee per month.
SECTION 2
Components
The provider agrees to provide all EAP services for the City of Denton employees
and their dependents, COBRA participants, and retirees as described below:
Telephone Resource Center
Trained masters level telephone counselor's who are available 24 hours a day, 365
days a year. Automated Attendants will not be acceptable unless there is an option to
speak with a master's level counselor.
Counselors with the ability to speak fluently and understand English and Spanish are
required.
Employees and their families must be able to access the toll free telephone resource
center as often as necessary (no limit).
Assistance Centers
There must be access to an Assistance Center within 15 miles of Denton's city limits
(preferably in Denton City limits).
Counselors must provide an assessment and treatment plan during the initial
interview session.
EAP Installation and Training
The provider must coordinate the learning process by providing a program
orientation and training the essential staff as determined by the City of Denton.
EAP contract page
2.5
2.6
2.7
2.8
Formal Management Referral
The provider must offer Formal Management Referrals (FMR). This benefit would
allow positive intervention by a supervisor with employees in order to confront
unacceptable workplace behaviors.
Essential staff must be notified of attendance of referred employees/participants.
Essential Staff must be notified of employee/participant participation of prescribed
counseling program.
Critical Incident Debriefing
Critical incident debriefing must be included in the services when serious accidents
or traumatic events occur. Counselors must be dispatched to the worksite of the
affected employees within twenty-four (24) to forty-eight (48) hours.
Management Reports
The provider must supply the City of Denton with quarterly and annual results of the
EAP activities with management reports. The reports must be confidential and must
not contain any information that would identify a participant personally.
Program and Wellness Promotion
The provider would be required to provide the employees, retirees, and COBRA
participants of the City of Denton with communication about the EAP.
If requested, the provider would need to provide a representative for committee
meetings (city council, employee insurance committee, wellness committee,
executive committee, etc.).
The provider must have the resources to provide the City of Denton or participants
with brochures, wallet cards, payroll flyers, articles for the city newspaper, posters,
and educational workshops.
The provider must be able to present up to 10 hours per year of supervisor training
and employee orientation, up to 10 hours per year of Brown Bag Seminars and
workshops per calendar year (Jan.- Dec.) (45-60 minutes each) on wellness issues,
including, but not limited to, the following: · Dealing with Change
· Balancing Work and Home
· Kids and Drugs
· Eldercare
· Single Parenting
· Communicating with Teenagers
· Family Communications
· Stress Management
· Drugs at Work
· Home Budgeting
· Parenting
· Childcare
EAP contract page 2
2.9
2.10
Services
3.1
3.2
Account Management
The provider will assign a staff member to provider services and coordinate with the
City of Denton program Administrator
The provider must adhere to the City of Denton EAP Policy #107.00 (Attachment I)
The provider should resolve account issues within 60 days.
Insurance Requirements
The provider must carry professional liability insurance in the amounts of
$3,000,000.00 aggregate coverage and $1,000,000.00 incidental coverage.
Certificates of insurance must be supplied upon request.
SECTION 3
Counseling Sessions
Eligible participants would be allowed a minimum of six (6) office visits each per
incident per year. Telephone consultations would not be counted toward the 6 office
visits.
The provider will provide assessment and short-term problem solving sessions to
employees and their dependents, Cobra Participants and retirees. Efforts will be
made to resolve client concerns within the number of contracted visits.
The provider must be able to control overall health claims. This option would allow
participants to contact the provider before receiving outpatient behavioral health
services.
The provider must have the ability, when necessary, to provide guided referrals in the
best treatment options and achieve definite cost savings. Criteria used when guiding
referrals include treatment specialties; therapeutic techniques; nearness to clients;
client preferences; and the provider's eligibility for client payment terms.
Staffing Requirements
Provider must have masters level counselors available 24 hours a day, 365 days a
year.
Provider must have counselors qualified as Substance Abuse Professionals (SAP) as
defined by the Department of Transportation (DOT): "a licensed physician (medical
Doctor or Doctor of Osteopathy); or a licensed certified psychologist, social worker
or employee assistance professional; or an addiction counselor (certified by the
National Association of Alcoholism and Drug Abuse Commission or by the
International Certified Reciprocity Consortium/Alcohol and other Drug Abuse). All
must have knowledge of and clinical experience in the diagnosis and treatment of
Alcohol and Controlled Substances related disorders."
All must have knowledge of and clinical experience in the diagnosis and treatment of
Alcohol and Controlled Substance related disorders.
EAP contract page 3
3.3 Testing Requirements
The provider must be able to assess clients at all levels of care. The following
applicable tests are a mandatory requirement and must be conducted at no additional
fee.
· Multidimensional Assessment of Functioning Profile
· Clinical Multiaxial Inventory - II
· Sixteen Personality Questionnaire
· Myers-Briggs Type Indicator
· Adolescent Personality Inventory
· Life Styles Inventory
· Depression Inventory
· Strong Interest Inventory
· Alcohol Use Inventory
· Multiphasic Personality Inventory - 2
· Substance Abuse Subtle Screening Inventory
3.4 Coordination with Health Plan
The EAP must coordinate with the City of Denton health insurance program. If
referral for additional services is needed, referrals by the EAP provider will be to a
network health provider hospital or practitioner pre-approved by the network health
plan.
3.5 COBRA
All terminating employees and their dependents will be eligible to access the EAP for
a period of six (6) months after termination at no cost to the participant or the City of
Denton.
3.6 Quality Assurance
In addition to the foregoing, the provider shall comply with the terms and provisions
set out in the City of Denton RFSP dated on or about January 1, 2003, and the
response of the provider thereto. In the case of any discrepancy, the terms of this
RFSP shall override the Service Agreement and the response thereto.
SECTION 4
Additional Services
4.1 Legal Consultation and Referral
The provider will offer one free legal consultation and referral per client per incident
to City of Denton employees and their dependents, COBRA Participants, and
retirees. There should be an established network of attorneys in private practice
experienced in legal issues such as divorce settlements, child support and custody
agreements, adoptions, tenants rights, wills, estates, and bankruptcy.
If legal services continue beyond the initial consultation, a participant may choose to
retain the attorney at a 25% discount.
EAP contract page 4
4.2
4.3
4.4
Financial Planning
The provider will offer one free financial consultation per incident per client for
financial advice provided by a licensed CPA.
If services continue beyond the initial consultation, a participant may choose to
continue services at a discounted rate.
Related Experience
The provider will demonstrate an ability to service public agencies.
Free Ride Pro~'am
The provider will offer free rides. In the event a participant is impaired by alcohol or
drugs this program would enable a participant to call a cab and be reimbursed by the
provider for the cab fee. This process should be simple and confidential.
4.5 Dependent and Eldercare
The provider will offer help in a variety of special and professional services in the
area of childcare and eldercare in order to provide much needed benefits for working
parents and caregivers.
4.6 Local Offices
The provider will have offices located within the Denton City limits.
4.7 Accessibility for Mobilit3,, Hearing, and Mentally Impaired
The provider will have ability to accommodate persons who have mobility, hearing,
and/or mental impairments.
4.8 Teen Help Line
The provider will have a toll free 24-hour teen help line staffed with trained
counselors experienced in adolescent issues.
4.9 Pre-Retirement Counseling
The provider will to conduct pre-retirement counseling.
SECTION 5
independent Contractor and Indemnity
5.1 The Provider shall provide services to CITY as an independent contractor, not as
an employee of the CITY. Provider shall not have or claim any right arising from
employee status.
5.2 The Provider shall indemnify and save and hold harmless the City and its officers,
agents, and employees from and against any and all liability, claims, demands,
EAP contract page 5
damages, losses, and expenses, including, but not limited to court costs and
reasonable attorney fees incurred by the City, and including, without limitation,
damages for bodily and personal injury, death and property damage, resulting
from the negligent acts or omissions of the Provider or its officers, shareholders,
agents, or employees in the execution, operation, or performance of this
Agreement.
Nothing in this Agreement shall be construed to create a liability to any person
who is not a party to this Agreement, and nothing herein shall waive any of the
parties' defenses, both at law or equity, to any claim, cause of action, or litigation
filed by anyone not a party to this Agreement, including the defense of
governmental immunity, which defenses are hereby expressly reserved.
SECTION 6
Terms and Conditions
6.1
The Contract term shall be for a period of three (3) years beginning January 1, 2003
and ending December 31, 2005. It is renewable for two successive one (1) year terms
upon the same terms and conditions unless terminated. The contract shall be
renewed prior to renewal and changes made by agreeing parties.
6.2
Extension. If the provider has performed in a manner satisfactory to the City of
Denton, the City manager or his/her designated representative may extend the
contract by one-year periods for up to two (2) additional years beginning at the
conclusion of the initial three-year contract by the signing of an extension agreement.
Preference will be given to a provider with any rate guarantees not to exceed 25%
overall.
SECTION 7
Termination of Agreement
7. l
Termination. The contract shall be subject to termination under any of the following
conditions:
a. Notwithstanding any other provision of this Agreement, either party may
terminate by giving ninety (90) days advance notice to the other party.
This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligation under this agreement. No such
termination will be affected unless the terminating party gives the other party
written notice (which is to be sent by certified U.S. mail return receipt requested)
of intent to terminate and sets forth the reason for termination that specify the
non-performance. The terminating party, by such notice, must also give the other
party: (1) not less than thirty (30) calendar days to cure the failure and (2) an
opportunity for consultation with the terminating party prior to termination.
If the agreement is terminated prior to the completion of services to be provided
hereunder, the Provider shall immediately cease all services and shall render a
final bill for services within thirty (30) days after the date of the termination. The
City of Denton shall pay the Provider for all services properly rendered and
EAP contract page 6
satisfactorily performed and for reimbursable expenses of termination incurred
prior to the termination date. Should the City of Denton subsequently contract
with a new Provider for the continuation of services, the Provider shall turn over
ail documents prepared or furnished by the Provider pursuant to this Agreement
to the City of Denton on or before the date of the termination, but may maintain
copies of such documents for its use.
SECTION 8
Miscellaneous Provisions
8.1
In the event of resignation or inability to serve by the provider, Denton may appoint a
successor. Any successor, upon appointment, shall succeed to and be invested with all
powers conferred on the Provider.
8.2
If during the operation of the Plan, the federal government, the state government, or
any political subdivision or instrumentality shall assess any tax against the Plan, and
the Claims Administrator is required to pay such tax, the Claims Administrator shall
immediately notify Denton, and Denton shall promptly provide the funds necessary to
remit such taxes to the proper authority.
8.3
This agreement may be amended by Denton and the Claims Administrator at any time
by mutual written consent of said parties.
8.4
In the event that Denton shall fail to make any required contributions to the Plan, the
Claims Administrator shall have the right to terminate this agreement upon fiReen days
(15) written notice to Denton.
8.5
In the event of termination of this Agreement resulting from the default of Denton, as
provided above, the Claims Administrator shall charge, and Denton shall pay to the
Claims Administrator all fees, commitments, and obligations incurred by the Claims
Administrator through such date of termination.
8.6
The Claims Administrator hereby is designated the agent for service of legal process on
behalf of the Plan at its principal office.
8.7
Claims Administrator agrees that it shall be in compliance with all laws, statutes, and
other governmental provisions prevailing during the term of this Agreement.
8.8
It is agreed that Claims Administrator shall maintain and make available for inspection,
audit and reproduction by an authorized representative of the City or any other
governmental agency, books, documents, and other evidence pertinent to the costs and
expenses of this contract. This includes, to the extent such detail will properly reflect,
all costs, direct and indirect costs of labor, material, equipment, supplies, and services
and all other costs and expenses of whatever nature for which reimbursement is
claimed under provisions of this Agreement.
8.9
Venue of any suit or cause of action under this Agreement shall lie
exclusively in Denton County, Texas. This Agreement shall be construed in
accordance with the laws of the State of Texas.
EAP contract page 7
SECTION 9
Effective Date and Term
9.1 This Agreement shall become effective on January 1, 2003.
9.2
This Agreement shall be in effect for a period of three (3) years from the effective date
as outlined in Section 9.1 and renewable for 2 additional one-year renewal option.
9.3
Based upon a written proposal from the successful vendor and written acceptance by
the City, this contract is subject to consideration for renewal for the same period of
time, with negotiation of the terms, conditions, and costs in successive years provided
that the scope of work and costs do not increase mom than 20%.
IN WI,~J~E. SS gPrl-ERE,_J~: th%Cit~, of Denton and the Provider have executed this Agreement on
this ,/-p¥~- dayof_/_L~2003.
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
ATTEST:
JENI~ER WALTERS, C~TY SECRETARY
APPROVED AS TO LEGAL FORM
HERB PROUTY, CITY ATTORNEY
The Direetgr~0~ Human R~for the City of Denton, Texas is hereby authorized to carry out
the term/~Sf ~h/s agre~t 7~h)atf of the City of Denton, Texas.
EAP contract page 8
WORKERS
?ANCE PROGRAM, 1NC.
~ire?
ATTEST:
Before Me, //4/~., ~]/~ ~$(~on this ~y ~rsonally appe~ed
Terence K Cow~, ~om to me to ~ ~e person whose nme is subscribed to ~e
foregoing ~s~ment ~d ae~owledged to me ~at he executed ~e sine for ~e p~oses
~d consideration ~ere~ expressed.
~~der my,~ ~d ~ of office 7s // ~y of
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EAP contract page 9
ATTACHMENTI
CITY OF DENTON P^oE. i oE 4
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
SECTION: HUMAN RESOURCES REFERENCE NUMBER:
107.10
SUBJECT: EMPLOYEE BENEFITS AND SERVICES INrrI~L .~,t~pI:.CTIVE DATE:
06120/89
TITLe: EMPLOYEE ASSISTANCE PROGRAM LAST REVISION DATE:
POLICY STATEMENT:
It is the policy of the City of Denton to provide counseling, resources, assistance and other
support to employees and their dependents who may be experiencing on- or off-the-job,
personal difficulties that may be affecting their work performance, work productivity, or
ability adversely. It is recognized that problems not directly related to an employee's job
duties and responsibilities can have a negative effect on that person's job performance. In
some situations neither the efforts of the employee nor the supervisor have the desired effect
of resolving the employee's performance problem or unsatisfactory performance. This
situation could persist over a period of time, either constantly or intermittently. In those
cases, it is the purpose of the Employee Assistance Program to provide counseling and
assistance to help the employee resolve their problem.
It is the goal of the City of Denton to assist employees in seeking recourse to deal
constructively with personal or behavioral problems that have or could adversely affect job
performance or job productivity. This applies whether the problem is one of physical
illness, mental or emotional distress, marital or family discord, alcoholism, drag use of
abuse/addiction, legal matters, financial difficulties, or other concerns.
The Employee Assistance Program is available to ail full-time and part-time employees,
their immediate families and dependents.
ADMINISTRATIVE PROCEDURES:
I. GENERAL
The purpose of the Employee Assistance Program is to assist employees to identify
on- or off-the-job personal or behavioral problems that are adversely impacting
their work performance, work productivity, or ability to identify and locate
appropriate medical, emotional, physical, financial, legal, or other appropriate
resources; and to assist the employee (or farrdly/dependent) in dealing with the
problem in a constructive fashion for a long-term positive solution to the problem.
In most cases, the employee will overcome such personal problems independently
and the impact on the job will be neghgible. In other instances, normal
supervisory assistance may serve either as motivation or guidance by which such
problems can be resolved so that the employee's job performance will return to an
acceptable level.
When an adverse behavioral problem or unusual job performance problem
arises, the employee may be referred to the program by his/her supervisor.
Employees may independently seek assistance without supervisory referral.
B. Confidentiality
Employees and/or dependents seeking assistance through the Employee
Assistance Program are assured that reasonable efforts will be made to
provide the services within strict principles of confidentiality.
The official personnel record of any employee will not include information
concerning an employee's personal or behavioral problem except as it might
apply to specific behaviors that relate to job performance and/or disciplinary
actions because of violations of City policies, procedures, roles, etc. All EAP
records will be kept under separate security arrangements in the Human
Resources Department and separate from the employee's official personnel
files. The City will comply with all applicable federal, state, and local law
regarding the release of records.
C. Use of Vacation, Sick Leave, and Other Leaves of Absence
An employee participating in the EAP may request the use of any accrued sick
leave or vacation to continue receiving pay and benefits while involved in a
program. Employees who have insufficient accruals of sick leave or vacation
may request a leave of absence without pay. The use of vacation, sick leave,
or a leave of absence without pay will be granted in accordance with
established policy giving consideration to the nature of the request and the
needs of the department and City organization. It is the employee's
responsibility during a leave without pay to pay any life, health, and disability
insurance premiums or other deductions that normally are deducted from the
employee's pay check during participation in the EAP.
D. Job Performance/Disciplinary Action
Participation in an EAP Program will not substitute for improved job
performance, job productivity, ability, or meeting established job standards
defined by the department. Should an employee's performance remain at an
unacceptable level or not improve within the time frames established by the
supervisor, an employee may still be subject to disciplinary action up to and
including termination.
E. Consideration for Other Employment Opportunities
The fact that an employee is participating in an EAP Program will not be used
as a factor in a decision to deny a promotional opportunity. However,
continued employment or promotional consideration will be dependent upon
current satisfactory performance in the current position and the established
qualifications and selection criteria being used as the basis for a promotional
position. Employees participating in an EAP Program may compete for open
positions based upon their qualifications for the position, without
consideration, either favorable or unfavorable, as a result of involvement in
the EAP Program.
II. PROCEDURES AND GUIDELINES IN USING THE EMPLOYEE ASSISTANCE
PROGRAM
A. To request assistance, an employee, supervisor, or family/dependent member
may telephone or visit the City's Human Resources Depa~ unent.
Supervisors should use the EAP to assist and motivate the employee to take
corrective action for an on- or off-the-job personal problem that is affecting
job performance, job productivity, or ability adversely. Since variations in job
performance, absenteeism, or tardiness are more apparent that their causes, the
role of the supervisor is to identify the specific job performance problem(s)
only and not diagnose their personal problem(s) of the employee. It is very
important for the supervisor to document the specific behavior the employee
is demonstrating (i.e. difficulty in motor functions, slurred speech, stumbling,
glassy eyes, odor on the breath, patterns of absenteeism or tardiness, specific
job related inability to meet established performance standards, etc.)
An employee may request, accept, or refuse services from the EAP.
However, it must be clearly communicated to the employee that refusal to
accept a supervisor directed referral to the EAP places the responsibility to
correct any performance problem or other on-the-job related difficulty directly
on the employee.
Employees who are given notice of poor job performance must bring their
performance back to an acceptable §tandard or they will be subject to a written
agreement made with their supervisor, disciplinary action, or both, for
unsatisfactory performance, regardless of their level of involvement in the
EAP.
D. Payment for Services
Employees requiring in-patient or outpatient substance abuse or other
treatment are responsible for arranging for the payment of all costs associated
with those activities. Some costs may be funded through available health
insurance coverage.
The affected department may choose to assist the employee with a portion of
the financial aspects of a particular program. Payment for services by a
department will be handled on a case-by-case basis with consideration being
given to the employee's cooperation in recognizing and dealing with the
problem in a constructive manner, compliance with the professional
(psychologist, psychiatrist, etc.) therapy and counseling directions and
prescriptions in order to address and correct the problem.