Loading...
HomeMy WebLinkAboutResolution - 5940 - Contract - TTUHSC Dept. Of Neuropsychiatry - Lubbock EAP - 06_25_1998Resolution No. 5940 Item 16 June 25, 1998 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Texas Tech University Health Sciences Center Department of Neuropsychiatry, for the City of Lubbock Employee Assistance Program (EAP), which Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 25th day of June , 1998. l WINDY SIT , MAYOR ATTEST: Ka ' Darnell, City Secre APPROVED AS TO CONTENT: Mary AndrewsoManaging Director Human Resources APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney Office Practice Section WD:dsped by LGCcdWM-UHSC CMU= [or Employee MeiM— PnV—Res lmrc 23, 1998, ]me 11, 1998 Resolution No. 5940 Item No. 16 June 25, 1998 PROFESSIONAL SERVICES AGREEMENT This agreement, effective as of July 1, 1998, herinafter called the "effective date" is by and between the City of Lubbock, a municipal corporation, hereinafter called "City of Lubbock" and Texas Tech University Health Sciences Center, Department of Neuropsychiatry, Psychiatry Division, through the Southwest Institute for Addictive Diseases, hereinafter called "TTUHSC," witnesseth: ARTICLE I SERVICES TO BE PROVIDED Whereas, City of Lubbock desires to receive an Employee Assistance Program (EAP) to benefit its employees, and TTUHSC desires to deliver such professional services, the two parties agree as set forth below: 1. TTUHSC agrees to provide EAP services in the form of initial assessment, short term counseling, and referral interviews up to a maximum of eight (8) sessions per individual employee per year. Additionally, TTUHSC will act as a "gatekeeper" to mental health/chemical dependency care via the established process of pre -certification. Should the employee seek and obtain treatment and/or counseling beyond the maximum of eight (8) sessions from any other source recommended by TTUHSC, the employee shall be responsible for payment of all costs associated with that treatment and/or counseling. 2. TTUHSC agrees to provide EAP services to members of the immediate family of City of Lubbock employees without receiving any additional compensation. Such services to an employee's family members shall be provided within the maximum of eight (8) sessions specified in number one (#1) above. Immediate family member is defined as spouse, son, daughter, parents, brother, sister, or any other dependent living in the same household with the employee. 3. TTUHSC agrees to provide a 24 hour Helpline and a 1-800 number to all employees of City of Lubbock and their family members. 4. TTUHSC agrees to provide intervention and crisis counseling services including critical incident stress de -briefing services when requested by the City of Lubbock. Employee Assistance Program Agreement, City of Lubbock and TTUHSC. 1 5. TTUHSC agrees to provide staff orientations to the City of Lubbock periodically throughout the contract year to increase utilization of the Employee Assistance Program. 6. TTUHSC agrees to provide educational seminars and preventative services (i.e., stress management, time management, workplace violence, parenting, financial planning, smoking cessation, etc.) to the City of Lubbock. These educational seminars and preventative services will be provided at no additional cost to the City of Lubbock. 7. TTUHSC agrees to provide supervisor training and consultation services to the City of Lubbock throughout the contract year. This would also include organizational and management consultations when requested. These supervisory and management training seminars and consultations will be provided at no additional cost to the City of Lubbock. 8. TTUHSC agrees to provide intensive outpatient substance abuse assessment, treatment, and group follow-up for all eligible City of Lubbock employees at no additional cost to the City. This benefit is reserved for employees of the City of Lubbock and does not extend to family members as defined in #2 above. This benefit does not include inpatient treatment, detox services, or drug testing/lab services. This t will be offered for the contract year beginning July 1, 19Q8 and ending May 31, 1999. Extension of benefits for contr years 2 and 3 will be renegotiated based on utilization statistics. 9. City of Lubbock agrees to appoint an EAP Coordinator (i.e., Director of Personnel) to work with the EAP Director in marketing EAP services, planning of health promotion activities and training seminars, and evaluation of services. 10. City of Lubbock agrees to maintain an EAP Steering Committee to work with the EAP Director in marketing EAP services, planning of health promotion activities and training seminars, and evaluation of services. 11. TTUHSC agrees to provide letters, brochures, training videos, and posters to the City of Lubbock for purposes of marketing the EAP program. 12. Employees will be responsible for notifying and arranging time off with their supervisor if they must enter treatment programs (in -patient and out -patient). TTUHSC agrees to work with the employee's supervisor in arranging for a smooth and positive re-entry into the work environment (in accordance with the Family and Medical Leave Act of 1993) and as an advocate for those employees who have been off the job in order to receive Employee Assistance Program Agreement, City of Lubbock and TTUHSC. 2 treatment. TTUHSC will assume the advocacy role only when the employee has given written consent or in the event of a mandatory referral by the supervisor related to poor job performance. 13. TTUHSC agrees to provide frequent consultations with the management of the City of Lubbock regarding employees referred to in -patient and out -patient treatment settings when employees have given written consent. 14. TTUHSC agrees to provide follow-up services and make assessments of troubled employee's progress for up to one year after initial intake when the employee has given written consent. Such follow-up will not be counted against the eight (8) visits offered under the contract. 15. TTUHSC agrees to provide the City of Lubbock with quarterly and annual utilization statistical reports for management review. 16. TTUHSC agrees to assist the City of Lubbock in educating all employees to meet the requirements of the Drug -Free Work Place Act. 17. It is agreed by both parties that in order to protect confidentiality of employees of the City of Lubbock, names and other information which may identify specific employees or family members who have used the service shall not be included in monthly or annual statistical utilization reports. TTUHSC agrees to release and resolve the City of Lubbock from any and all liabilities which may occur from litigation and/or the resolution of the same resulting from the services, rendered by TTUHSC insofar as allowed by the Constitution and the laws of the State of Texas. Both parties hereto recognize that information that is confidential under the Texas Open Records Act may not be released except pursuant to an Attorney General decision or court order. ARTICLE II COMPENSATION City of Lubbock agrees to a payment rate of $21.00 per employee for the contract year ONE beginning July 1, 1998 and ending May 31, 1999. This rate shall be based on the total number of employees employed by City of Lubbock which is herein deemed to be 1,705. The estimated total payment rate for this would be ($35,805.00) for the year based on these figures. This rate will change for contract year TWO, June 1, 1999 to May 31, 2000 to $21.48 per employee ($36,623.40) and for contract year THREE, June 1, 2000 to May 31, 2001 to'$21.96 per employee ($37,441.80). Employee Assistance Program Agreement, City of Lubbock and TTUHSC. 3 Payments to TTUHSC shall be made on a monthly basis. TTUHSC shall send a monthly statement of charges to City of Lubbock ($2,983.75 per installment for contract year ONE, $3,051.95 per installment for contract year TWO, and 3,120.15 for contract year THREE). Payments should be made to Texas Tech University Health Sciences Center, Southwest Institute for Addictive Diseases, Department of Neuropsychiatry, Lubbock, TX 79430, Attention: Rudy Arredondo, Ed.D. All payments required to be made by either party to this Agreement shall be made from current revenues available to the paying party. ARTICLE III TERM AND TERMINATION This contract shall become effective on July 1, 1998 for a three year period, renewable annually, unless previously terminated or extended. Either party may terminate this contract at any time with or without cause by giving the other party thirty (30) days written notice of termination. This agreement shall terminate immediately upon nonpayment. ARTICLE IV INDEPENDENT CONTRACTOR STATUS Nothing in this agreement is intended nor shall be construed to create an employer/employee relationship between the contracting parties. The sole interest and responsibility of the parties is to ensure that the services covered by this agreement shall be performed and rendered in a competent, efficient, and satisfactory manner. In carrying out the terms of this contract, TTUHSC shall select its own employees and such employees shall be and act under the control of their employer. ARTICLE V SEVERABILITY If any term or provision of this agreement is held to be invalid for any reason, the invalidity of that section shall not affect the validity of any other section of this agreement provided that any invalid provisions are not material to the overall purpose and operation of this agreement. The remaining provisions of this agreement shall remain in full force and shall in no way be effected, impaired, or invalidated. Employee Assistance Program Agreement, City of Lubbock and TTUHSC. H -- ARTICLE VI ASSIG naNT Neither party shall have the right to assign or transfer their rights to any third parties under this agreement. ARTICLE VII VENUE This agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas. Venue will be in accordance with the Texas Civil Practices and Remedies code and any amendments thereto. ARTICLE VIII AMENDMENT This agreement may be amended in writing to include any provisions that are agreed to by the contracting parties. ARTICLE IX INSURANCE 1. General. Contractor shall ensure that its medical personnel providing medical services to city employees procure and carry, at their sole cost and expense through the life of this contract insurance protection hereinafter specified, in form and substance satisfactory to the City. The mutually agreed upon insurance carriers must be carriers authorized to do business in the State of Texas. A Certificate of Insurance specifying each and all coverage shall be on file with the contractor prior to the execution of the Contract. Written notice of cancellation of any material change will be provided thirty (30) days in advance of cancellation or change. 2. Required Coverage. Contractor shall ensure that its medical personnel obtain and maintain policies of insurance throughout the Contract term in limits specified below. The Contractor shall maintain Professional Medical Liability Insurance coverage with a minimum of One Million and no/100 Dollars ($1,000,000) combined single limit in the aggregate and per occurrence. 3. Subcontractors. The contractor shall require each subcontractor with whom it contracts to provide activities as contemplated by this contract, to obtain proof of insurance coverage as set forth herein, and to provide to Contractor, prior to such a person performing any such activities, a Certificate of Insurance establishing such coverage. Employee Assistance Program Agreement, City of Lubbock and TTUHSC. 1� IN WITNESS WHEREOF, the undersigned parties bind themselves to the faithful performance of this agreement. Executed as of the effective date hereof. City of Lubbock 4j"' A 0, - Windy Si on, Mayor Attest: Kaythie Daopll City SecretWry "Approved as to Content: Mary Ancvews, Managing Director of Human Resources Approved as to Form: William � s - %/s,6,1 Municipal Contracts Attorney Texas Tech University Health Sciences Center Southwest Institute for Addictive Diseases Elmo M. Cavin Vice President for Fiscal Affairs Employee Assistance Program Agreement, City of Lubbock and TTUHSC. 6