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HomeMy WebLinkAboutResolution - 2023-R0265 - Interlocal Cooperation Agreement with TTUHSC for Employee Assistance ProgramResolution No. 2023-RO265 Item No. 5.27 May 23, 2023 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, an Interlocal Cooperation Agreement, by and between the City of Lubbock and Texas Tech University Health Sciences Center, Department of Psychiatry through the Southwest Institute for Addictive Diseases for Employee Assistance Program (EAP) services, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on May 23, 2023 APPROVED AS TO C ckerson, Intkrim Director of HR APPROVED Assistant City Attorney ccdo&RES. Agrmt-TTU H SC May 1, 2023 Resolution No. 2023-RO265 D00572972-024 (2020-057) Interlocal Cooperation Contract City of Lubbock CON3509449 INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the Agencies shown below as Contracting Parties, pursuant to the authority granted and in compliance with the provisions of "The Interlocal Cooperation Act"; see Texas Government Code, Chapter 791, et seq. This Agreement is entered into by and between The City of Lubbock, Texas ("Receiving Agency" or "Cily") and Texas Tech University Health Sciences Center, Department of Psychiatry through the Southwest Institute for Addictive Diseases ("Performing Agency" or "TTUHSC"). Both Receiving Agency and Performing Agency are also referred to herein as "Party" or, collectively, "Parties." Agreement Now therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Receiving Agency and Performing Agency agree as follows. Article 1 Statement of Services to be Performed 1.1 The Performing Agency will provide the following services ("Services'): A. TTUHSC agrees to provide Employee Assistance Program (EAP) services in the form of initial assessment, short term counseling, and referral interviews up to a maximum of eight (8) sessions per covered individual employee per contract year (June 1 through May 31). 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. B. TTUHSC agrees to provide EAP services to members of the immediate family of City 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 "A" above. Immediate family member is defined as the spouse or partner of the employee and any child of the employee who is under the age of 18 or still in high school or carried on the employee's health insurance. C. TTUHSC agrees to make appropriate referral of clients whose need for counseling services exceeds those provided by the EAP. Referrals are to be determined based on the needs of the individual and considering the cost effectiveness of services provided by the EAP or covered under the medical insurance plan. D. TTUHSC agrees to provide a 24-hour accessible hotline, available through either a local number or a toll free number, to all City covered employees and their families. E. TTUHSC agrees to provide intervention and crisis counseling services, including critical incident stress management (CISM) services, when requested by the City. F. TTUHSC agrees to provide staff orientation meetings as requested by the City to increase awareness and utilization of this EAP resource. G. TTUHSC agrees to provide educational seminars and preventative services at the request of the City. These educational seminars and preventative services will be provided at no additional cost to the City. H. TTUHSC agrees to provide supervisor/management training and consultation services to the City, available on an as needed basis at the discretion of the City. I. TTUHSC agrees to provide a representative to assist in planning with the City's Employee Benefits Section of Human Resources. 02305"uiiiiiuimiiiuiuuuiimiuiiiiuiiuiiiuiiiiiii'iiiiiiiiuiiimiuiiuuiiuiiuuuuiiiiiiiuiiiiiii,,,°' D00572972-024 (2020-057) Interlocal Cooperation Contract City of Lubbock CON3509449 J. TTUHSC agrees to provide organizational assessment and intervention/prevention services for groups of the City's employees (i.e., two or more employees), if requested by the City. K. TTUHSC agrees to provide, if requested by the City, employee work/life seminars on personal/family dynamics (work/life balance) and caring for aging parents (focusing on aspects of parental care and caregiver/family dynamics). L. TTUHSC agrees to provide promotional materials (i.e., information cards) to ensure that employees of the City are aware of the EAP and the services that they are eligible to receive through the EAP. M. TTUHSC agrees to provide assessment of City employees who fail a drug or alcohol test required in accordance with the City's drug and alcohol testing policy for safety -sensitive positions and reasonable suspicion. In the case of employees who have a commercial driver's license (CDL) and fall under the Department of Transportation (DOT) regulations, a referral will be made to a Substance Abuse Professional (SAP) certified by the DOT, who will provide the DOT's required assessment and follow-up. The fees associated with the SAP's services, not to exceed $450.00 per occurrence, will be billed to the City. However, costs associated with the SAP's treatment recommendations will be the responsibility of the City employee. N. 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. O. TTUHSC agrees to provide the City with quarterly and annual utilization reports. P. TTUHSC agrees to act as a resource for compliance of the Drug Free Work Place Act. Q. TTUHSC agrees to assume responsibility to be in compliance with the Health Insurance Portability and Accountability Act of 1996 as amended. R. It is agreed by both Parties that in order to protect the confidentiality of City employees, 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 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 2 Basis for Calculating Reimbursable Costs 2.1 The basis for calculating reimbursable costs is as follows: This section is not applicable to this agreement. Article 3 Agreement Amount 3.1 The maximum amount to be paid to Performing Agency under this Agreement is $65,000.00. v"""iiiiiiiiuuuiiiiuuiiiuiiiuimuuuiiiiuiiiiiii'°uiiiiiuuiuimuiuuiuiiuimuuiuiiiiuiuiii°°' .' D00572972-024 (2020-057) Interlocal Cooperation Contract City of Lubbock CON3509449 Article 4 Consideration and Payment for Services 4.1 The Receiving Agency agrees to pay the Performing Agency a payment rate of $24.70 per employee per year. This rate shall be based upon the number of employees employed by the City (2302) as of the date of execution of this agreement. The total payment rate for this number of employees is FIFTY-SIX THOUSAND, EIGHT HUNDRED FIFTY-NINE DOLLARS AND FORTY CENTS ($56,859.40). If the Receiving Agency exercises its option to renew the contract for additional years, it agrees to an annual increase of 3% per year in the payment rate per employee. The payment rate is subject to quarterly review and may be negotiated by the parties to this agreement in the event of significant changes in the employment census at the City. 4.2 Payments to the Performing Agency shall be made on a monthly basis. A monthly statement of charges shall be sent to the Receiving Agency. The charges on the monthly statement will include the base payment for employee assistance services ($4,738.28 per month) and any fees for SAP services as noted in Article 1, Section 1. 1, Paragraph M of this agreement. Payments should be made to Texas Tech University Health Sciences Center, Department of Psychiatry, 3601 41h Street — STOP 8119, Lubbock, TX 79430-8119. Article 5 Term of Agreement 5.1 The term of this Agreement shall commence on June 1, 2023, and continue in full force and effect through May 31, 2024. The Receiving Agency has the option to renew the contract annually for up to four additional one-year terms, contingent upon satisfactory performance evaluation by the Receiving Agency. 5.2 Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days written notice. This Agreement will terminate immediately upon nonpayment. Article 6 General Provisions 6.1 Independent Contractor. Performing Agency agrees that it is an independent contractor and that this Agreement does not form a joint venture or partnership. Receiving Agency will not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will Receiving Agency furnish any medical or retirement benefits or any paid vacation or sick leave. Performing Agency is responsible for conduct of business operation, including employee salaries, travel, etc. 6.2 Notices. All notices, consents, approvals, demands, requests, or other communications provided for or permitted to be given under any of the provisions of the Agreement shall be in writing and sent via registered or certified mail, overnight courier, or email, and notice will be deemed given (i) if mailed, when deposited, postage prepaid, in United States mail; (ii) if sent by overnight courier, one (1) business day after delivery to the courier; and (iii) if sent by email, when received: The City of Lubbock Human Resources Department ATTN: Brian Dickerson, HR Director 1314 Avenue K Lubbock, TX 79401 BDickerson@mylubbock.us Texas Tech University Health Sciences Center ATTN: Contracting Office 3601 4th Street, STOP 6217 Lubbock, Texas 79430 contracting@ttuhsc.edu Notice of a change in address of one of the Parties shall be given in writing to the other Party as provided above, 2023056uiiiiiiuiiiiiiiiuiuuuiiiuiiiiuiiuiiiiifuiiiii°iimiiuimiiiiiiuuuiiiiiuiiiiumuiimiuiiii=.=�. D00572972-024 (2020-057) Interlocal Cooperation Contract City of Lubbock CON3509449 but shall be effective only upon actual receipt. 6.3 Amendment. This Agreement and each of its provisions shall be binding upon the Parties and may not be waived, modified, amended, or altered except by in writing signed by the Parties. 6.4 Assignment. Neither Party may assign this Agreement, in whole or in part, without the prior written consent of the other Party. 6.5 Force Majeure. "Event of Force Majeure" means an event beyond the control of Parties which prevents or makes a party's compliance with any of its obligations under this Agreement illegal or impracticable, including but not limited to: act of God (including, without limitation, fire, explosion, earthquake, tornado, drought, and flood); war, act or threats of terrorism, hostilities (whether or not war be declared), invasion, act of enemies, mobilization, requisition, or embargo; rebellion, insurrection, military or usurped power, or civil war; contamination or destruction from any nuclear, chemical, or biological event; riot, commotion, strikes, go slows, lock outs, or disorder; epidemic, pandemic, viral outbreak, or health crisis; or directive of governmental authority. No party will be considered in breach of this Agreement to the extent that performance of their respective obligations is prevented or made illegal or impracticable by an Event of Force Majeure that arises during the term (or after execution of the Agreement but prior to the beginning of the term). A party asserting an Event of Force Majeure hereunder ("Affected Party") will give reasonable notice to the other party of an Event of Force Majeure upon it being foreseen by, or becoming known to, Affected Party. In the event of an Event of Force Majeure, Affected Party will endeavor to continue to perform its obligations under the Agreement only so far as reasonably practicable. 6.6 Human Trafficking Certification. Pursuant to Texas Government Code § 2155.0061, Performing Agency certifies that the individual or business entity named in this Agreement is not ineligible to receive the Agreement and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. 6.7 Publicity and Marks. Except as required by law or regulation, each Party agrees that it will not publicize this Agreement or disclose, confirm, or deny any details of this Agreement to third parties, or use the other Party's name or protected marks without such Party's prior written approval. 6.8 Venue; Governing Law. The county in which TTUHSC's main campus is located shall be the sole proper place of venue for any legal action or proceeding arising out of this Agreement or enforcement of any provision in this Agreement. This Agreement and all of the rights and obligations of the Parties and any claims arising from this Agreement will be construed, interpreted, and governed by the laws of the State of Texas. 6.9 Severability. If one or more provisions of this Agreement, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of this Agreement and the application to other parties or circumstances will remain valid and in full force and effect. 6.10 Essential Activities. The Parties do hereby certify that: (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of State Government, (2) the proposed arrangements serve the interest of efficient and economical administration of the State Government, and (3) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest responsible bidder. 6.11 Warranty of Authority. The person(s) executing this Agreement on behalf of the Parties, or representing themselves as executing this Agreement on behalf of a Party, represent that each has been duly authorized by the appropriate Party to execute this Agreement on behalf of the Party and to validly and legally bind the Party to all of its terms, performances, and provisions. 6.12 Funding. TTUHSC's performance under the Agreement may be dependent upon appropriation of funds by the Texas legislature ("Legislature') and/or allocation of funds by the Texas Tech University System Board of Regents 2023-0 eIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIpIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII��� D00572972-024 (2020-057) Interlocal Cooperation Contract City of Lubbock CON3509449 ("Regents'). The Parties acknowledge that appropriation and allocation of funds are beyond TTUHSC's control. If the Legislature fails to appropriate, or Regents fail to allocate, necessary funds, or if there is a reduction of funding from other revenue sources, TTUHSC will issue written notice to the City and TTUHSC may terminate this Agreement without further duty or obligation hereunder, other than payment for goods and services already delivered or provided. This Agreement may be funded wholly or partially with federal funds. The City shall comply with all applicable provisions of federal law. TTUHSC utilizes http://www.gsa.gov and https:!/www.ecfr.gov for all federal guidelines. 6.13 Entire Agreement. This Agreement contains the entire agreement of the Parties concerning the subject matter described herein and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter described herein. This Agreement supersedes any prior written or oral agreements between the Parties concerning the subject matter described herein. 6.14 E-Signatures. This Agreement may be executed in two or more counterparts, each of which are deemed to be an original as against any Party whose signature appears thereon, but all of which together shall constitute but one and the same instrument. Signatures to this Agreement transmitted by facsimile, by electronic mail in "portable document format" (".pdf'), or by any other electronic means which preserves the original graphic and pictorial appearance of the Agreement, have the same effect as physical delivery of the paper document bearing the original signature. Texas Tech University Health Sciences Center P N Penny Harkey (May 16, 202 4:27 CDT) Signature Penny Harkey Printed Name Executive Vice President of Finance and Operations Title 05/16/2023 Date The City of Lubbock, Texas MAYOR May 23, 2023 Date A ES CoYrtney Paz, City Secreta ;FlTO ONTENT: ickerso I terim Director of FIR Page 5 of ,w, w "111111111111111111111111111111111111111111111111111 IN '�w� �'