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HomeMy WebLinkAboutResolution - 2004-R0214 - Professional Services Agreement - TTHSC - 05_06_2004Resolution No. 2004-RO214 May 6, 2004 Item No. 25 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Services Agreement (ALMW 95427-3) relating to the City of Lubbock's Employee Assistance and any associated documents by and between the City of Lubbock and Texas Tech University Health Sciences Center, a copy of which Agreement is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 6th day of ATTEST: Rebec a Garza, City Secretary APPROVED AS TO C Snider, Director of Human Resources APPROVED AS TO FORM: VanTiiver, Attorney of DDres/EAPprofsvcsRes April 26, 2004 Resolution No. 2004-RO214 May 6, 2004 Item No. 25 PROFESSIONAL SERVICES AGREEMENT FOR THE CITY OF LUBBOCK This agreement is made 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 the City Of Lubbock desires to provide 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: 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. Should an 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. Except as limited in paragraphs 9 and 10, 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 member shall be provided within the maximum number of sessions (eight) specified in paragraph 1 above. Immediate family member is defined as spouse, child, parents, siblings, or any other dependent living in the same household with the employee. It is the responsibility of the City Of Lubbock to determine who is eligible for services under this program. 3. TTUHSC agrees to provide a 24-hour Helpline and a 1-800 number to all employees of the City Of Lubbock and their family members. 4. TTUHSC agrees to provide intervention and crisis counseling services, including critical incident stress management (CISM) services, when requested by the City Of Lubbock. 5. TTUHSC agrees to provide staff orientations to City Of Lubbock employees, when requested by the City Of Lubbock, to increase utilization of the Employee Assistance Program. 6. TTUHSC agrees to provide educational seminars and preventative services (e.g., stress management, time management, parenting) at the request of the City Of Lubbock. These seminars and services include stress management training for police officers and Police Academy trainees, and their significant others. 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 period of time that this agreement is in effect. 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, if requested by the City of Lubbock, organizational assessment and intervention/prevention services (including mediation and team -building) for groups of City Of Lubbock employees (i.e., two or more). 9. 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 Of Lubbock. This benefit is reserved for employees of the City Of Lubbock and does not extend to family members as defined in paragraph 2. This benefit does not include inpatient treatment, detox services, or drug testing/lab services, as these services would be billed under the employee's health insurance plan. 10. TTUHSC agrees to provide smoking/tobacco cessation outpatient services and education for all eligible City Of Lubbock employees. This benefit is reserved for employees of the City Of Lubbock and does not extend to family members as defined in paragraph 2. This benefit does not include pharmaceutical products (e.g., Zyban and nicotine patches), physical examinations, and psychological testing. 11. TTUHSC agrees to provide, if requested by the City Of Lubbock, the following work/life services to City Of Lubbock employees at no additional cost: (1) seminars on personal/family dynamics (work/life balance) and elder care (parental care, caregiver/family dynamics, home health care, senior housing options); (2) database referral to childcare and/or elder care; and (3) resource document in family planning. 12. TTUHSC agrees to provide, if requested by the City Of Lubbock, the following work/life services at a cost to the City Of Lubbock of $120.00 per hour: (1) Life planning seminars (personal, financial, retirement, legal, estate planning). 13. The City Of Lubbock agrees to appoint an EAP Coordinator to work with the EAP Director in marketing EAP services, planning health promotion activities and training seminars, and evaluating services. 14. TTUHSC agrees to provide letters, brochures, and posters to the City Of Lubbock for purposes of marketing the EAP program. 15. Employees are responsible for notifying and arranging time off with their supervisor if they must enter treatment programs (inpatient and outpatient). 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 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. 16. TTUHSC agrees to provide frequent consultations with the management of the City Of Lubbock regarding employees referred to inpatient and outpatient treatment settings only when employees have given written consent. 17. TTUHSC agrees to provide follow-up services and make assessments of a 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) sessions offered under this contract. 18. TTUHSC agrees to provide the City Of Lubbock with quarterly and annual utilization statistical reports for management review. 19. TTUHSC agrees to assist the City Of Lubbock in educating all employees to meet the requirements of the Drug -Free Work Place Act. 20. It is agreed by both parties that in order to protect the confidentiality of employees of the City Of Lubbock, names and other information that may identify specific employees or family members who have used the service shall not be included in quarterly or annual statistical utilization reports. TTUHSC agrees to release and resolve the City Of Lubbock from any and all liabilities that 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 H COMPENSATION For all of the services listed in Article I, except those included in paragraph 12, the City Of Lubbock agrees to a payment rate of $19.92 per employee per year beginning June 1, 2004 and ending May 31, 2007. This rate shall be based on the total number of employees employed by the City Of Lubbock which is 1772 as of the date of execution of this agreement. The estimated total payment rate for this number of employees is $35,298.24 per year. This rate will not change for contract year TWO, June 1, 2005 to May 31, 2006, or for contract year THREE, June 1, 2006 to May 31, 2007. This number is subject to quarterly review and may be renegotiated by -the parties to this agreement in the event of significant changes in the employment census at the City Of Lubbock. For the work/life services listed in paragraph 12 of Article I, the City Of Lubbock will be billed at a rate of $120.00 per hour. Payments to TTUHSC shall be made on a monthly basis. TTUHSC shall send a monthly statement of charges to the City Of Lubbock. 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 / Sterling T. Shumway, Ph.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 June 1, 2004 for a three year period, renewable annually, unless previously terminated pursuant to this article (Article III) or extended by mutual agreement in writing prior to date of expiration. 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. The City Of Lubbock is responsible to notify employees that services are no longer available. 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. TTUHSC shall be deemed at all times to be an independent contractor. The sole interest and responsibility of the parties is to perform the services covered by this agreement 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 SEVERABILITV 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 affected, impaired, or invalidated. ARTICLE VI ASSIGNMENT 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. 0 H 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 Of Lubbock 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 he 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/l00 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. ARTICLE X CONTRACT DISPUTE RESOLUTION The contracting parties will utilize the contract dispute resolution process set forth in Chapter 2260 of the Texas Government Code to resolve a dispute arising under the contract. IN WITNESS WHEREOF, the undersigned parties bind themselves to the faithful performance of this agreement. City Of Lubbock A ved as to t:. Scott Snider Director of Human Resources •t.Form- Contract Texas Tech University Health Sciences Center Southwest Institute for Addictive Diseases &�L-4 &,4j J(,, t", r. Elmo M. Cavin Executive Vice President Date: y-aa. oy