Loading...
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 % o/ ...... 2" q~.,~ 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.