HomeMy WebLinkAboutResolution - 2013-R0137 - Agreement - TTUHSC Dept. Of Psychiatry - Employee Assistance Program Services - 05/01/2013Resolution N0. 2013-RO137
May 1, 2013
Item No. 5.21
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, Professional Services Agreement No.
11197 for Employee Assistance Program (EAP) services, by and between the City of
Lubbock and Texas Tech University Health Sciences Center, Department of Psychiatry
through the Southwest Institute for Addictive Diseases, 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 y 1, 2011
ATTEST:
Reb cca Garza, City Secreta
APPROVED AS TO CONTENT:
Quincy Whit , ssist ntCity Manager
APPROVED AS TO FORM:
1111q �—
ad Weaver, Assistant City Attorney
vw:ccdocs'RES.PSA-TTUHSC
April 11. 2013
Resolution No. 2013-RO137
95427-6
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 Psychiatry, 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 covered
individual employee per contract year (June 1 - 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.
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 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 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 not provided by the EAP or
covered under the medical insurance plan.
4. TTUHSC agrees to act as a "gatekeeper" regarding the assessment, counseling, and referral
of all Mental Health/Chemical Dependency care for the City of Lubbock's health plan of
benefits.
5. TTUHSC agrees to provide a 24-hour accessible hotline, available through either a local
number or a toll free number, to all City of Lubbock covered employees and their families.
6. TTUHSC agrees to provide intervention and crisis counseling services, including critical
incident stress management (CISM) services, when requested by the City of Lubbock.
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7. TTUHSC agrees to provide staff orientation meetings as requested by the City of Lubbock to
increase awareness and utilization of this EAP resource.
8. TTUHSC agrees to provide educational seminars and preventative services 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 immediate family as defined in Article
I Paragraph 2. These educational seminars and preventative services will be provided at no
additional cost to the City of Lubbock.
9. TTUHSC agrees to provide supervisor/management training and consultation services to the
City of Lubbock, available on an as needed basis at the discretion of the City of Lubbock.
10. TTUHSC agrees to provide a supervisory manual and training to all supervisory personnel on
the services provided by the EAP and the most effective manner of referring employees to
the program.
11. TTUHSC agrees to provide a representative to assist in planning with the City of Lubbock's
Benefits Section of Human Resources.
12. TTUHSC agrees to provide consultation regarding policy formulation or revision relating to
unsatisfactory work performance or behavior or drug and alcohol testing.
13. TTUHSC agrees to provide organizational assessment and intervention/prevention services
for groups of City of Lubbock employees (i.e., two or more employees), if requested by the
City of Lubbock.
14. TTUHSC agrees to provide, if requested by the City of Lubbock, 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).
15. TTUHSC agrees to provide promotional materials (i.e., brochures and posters) to ensure that
employees of the City of Lubbock are aware of the EAP and the services that they are
eligible to receive through the EAP.
16. TTUHSC agrees to provide referral of City of Lubbock employees who fall under the
Department of Transportation (DOT) regulations and who fail a drug or alcohol test. In
addition to making the referral to a certified Substance Abuse Professional (SAP), TTUHSC
also agrees to cover the SAP's fees ($375 for each occurrence) for DOT -mandated services,
such as assessment and follow-up. However, costs associated with the SAP's treatment
recommendations will be the responsibility of the City of Lubbock employee and will not be
covered by TTUHSC.
17. 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.
95427-6
18. TTUHSC agrees to provide management interface services for City of Lubbock supervisors
regarding integration of job -site activities following an employee's hospitalization or
outpatient treatment (assuming the employee's consent).
19. 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 agreement.
20. TTUHSC agrees to provide the City of Lubbock with quarterly and annual utilization
reports.
21. TTUHSC agrees to act as a resource for compliance of the Drug Free Work Place Act.
22. TTUHSC agrees to assume responsibility to be in compliance with the Health Insurance
Portability and Accountability Act of 1996 as amended.
23. 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 II
COMPENSATION
The City of Lubbock agrees to a payment rate of $18.96 per employee per year ($1.58 per month
per employee) for contract Year One (June 1, 2013 to May 31, 2014). This rate shall be based
upon the total number of employees employed by the City of Lubbock (2109) as of the date of
execution of this agreement. The estimated total payment rate for this number of employees for
contract Year One is $39,986.64. If the City of Lubbock exercises its option to renew the
contract for a second year (June 1, 2014 to May 31, 2015), it agrees to a payment rate of $19.20
per employee per year for that 12 -month period. If the City of Lubbock exercises its option to
renew the contract for a third year (June 1, 2015 to May 31, 2016), it agrees to a payment rate of
$19.44 per employee for that 12 -month period. The payment rate for the third year will remain
in effect for years four and five, if the City of Lubbock chooses to continue receiving TTUHSC's
services for those two years. The total payment rate, however, 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.
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
95427-6
Psychiatry, Lubbock, TX 79430, Attention: Rudy Arredondo, Ed.D / Alan Korinek, 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, 2013 and shall be for a period of one year, unless
previously terminated pursuant to this article (Article III). The City of Lubbock has the option to
renew the contract annually for up to four additional one-year terms, contingent upon satisfactory
performance evaluations by the City of Lubbock.
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
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 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.
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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
General. TTUHSC 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. TTUHSC shall ensure that its medical personnel obtain and maintain
policies of insurance throughout the Contract term in limits specified below. TTUHSC
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. TTUHSC 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
Glen o e__ ayor
Date: May 1, 2o13
Attest: R _'_ S
Rebe&a Garza
City Secretary
A oved as to Content:
Quincy ' e
Assistant City Manager
Appr ed Form:
Chad Wea er
Assistant City Attorney
95427-6
Texas Tech University Health Sciences Center
Southwest In titute for Addictive Diseases
z/
Elmo M. Cavin
Executive Vice President
Date:' /116"<
MEMORANDUM OF INSURANCE
Date Issued: 9/5/2012
Producer:
This memorandum is issued as a matter of
information only and confers no rights upon the
Bill Beatty Insurance Agency, Inc.
holder. This memorandum does not amend,
13140 Coit Rd., Suite 510
extend or alter the coverages afforded by the
Dallas, Texas 75240
Certificate listed below.
(800)451-8358
Company Affording Coverage
Insured:
Students of Texas Tech University
Chicago Insurance Company
Box 41094
Lubbock,Texas 79409
Covered Person
This is to certify that the Certificate listed below has been issued to the insured named above for the
policy period indicated, notwithstanding any requirement, term or condition of any contract or other
document with respect to which this memorandum may be issued or may pertain, the insurance afforded
by the Certificate described herein is subject to all terms, exclusions and conditions of such Certificate.
The limits shown may have been reduced by paid claims.
Certificate/Policy
Type of Insurance
Number
Effective Date
Expiration Date
Limits
Professional Liability
Student Blanket
AHC 7000326
08/27/2012
08/27/2013
Each incident
$ 1,000,000.
Medical Liability
Annual aggregate
$ 3,000,000.
Insurance
General Liability
N/A
Per occurrence
$
Aggregate
THIS IS AN OCCURRENCE POLICY FORM. POLICY INCLUDES COVERAGE FOR THE STUDENTS LISTED ON
THE APPLICATION, THE FACULTY MEMBERS ADDED AS ADDITIONAL INSURED'S.
Memorandum Holder
Should the above described Certificate be
cancelled before the expiration date
thereof, the issuing company will
EVIDENCE OF INSURANCE
endeavor to mail 30 days written notice
to the Memorandum Holder named to the
left, but failure to mail such notice shall
impose no obligation or liability of any
kind upon the company, its agents or
representatives.
Authorized Representative:
Texas Tech University
Box 41094
Lubbock,Texas 79409
HEALTHCARE PROVIDERS SERVICE Print Date: 5/07/2012
CNA
ORGANIZATION PURCHASING GROUP MHPSO
Certificate lof 3nqurance HaLl,nrcP,miarn Fce. ee�,niatio5-
OCCURENCE POLICY FORM
Producer Branch Prefix
Policy Number Policy Period
018098 970 HPG
0415445784 from 05/19/12to 05/19/13at 12:01 AM Standard Time
Named Insured and Address:
Program Administered by:
Rodolfo Arredondo
Healthcare Providers Service Organization
3601 4th St Stop 8103 Ms
159 E. County Line Road
Lubbock, TX 79430-8103
Hatboro, PA 19040-1218
1-800-982-9491
www.hpso.com
Medical Specialty:
Code: Insurance is provided by:
Licensed Professional Counselor
80723 American Casualty Company of Reading, Pennsylvania
333 S. Wabash Avenue, Chicago, IL 60604
Professional Liability
$1,000,000 each claim $ 3,000,000 aggregate
Your professional liability limits shown above Include the following:
* Good Samaritan Liability
* Malplacement Liability * Personal Injury Liability
* Sexual Misconduct Included in the PL limit shown above subject to $ 25,000 aggregate sublimit
Coverage Extensions
License Protection
$ 25,000 per proceeding $ 25,000 aggregate
Defendant Expense Benefit
$ 1,000 per day limit $ 25,000 aggregate
Deposition Representation
$ 10,000 per deposition $10,000 aggregate
Medical Payments
$ 25,000 per person $100,000 aggregate
First Aid
$ 10,000 per incident $10,000 aggregate
Damage to Property of Others
$ 10,000 per incident $10,000 aggregate
Informatlon Privacy (HIPAA) Fines
and Penalties $ 25,000 per.incident $ 25,000 aggregate
Workplace Liability
Workplace Liability Included in Professional Liability Limit shown above
Fire & Water Legal Liability Included in the PL limit shown above subject to $150,000 aggregate sublimit
Personal Liability $1,000,000 aggregate
Total: $ 120.00
Base Premium $120.00
Premium reflects Employed, Full Time
Policy Forms & Endorsements(Please see attached list for a general description of many common policy forms and
endorsements.)
G -121500-D G -121503-C G -121501-C G -53752-C42 G -145184-A G-1 47292-A
GSL15563 GSL15564 GSL17101 GSL13424 G -123846-C42 GSL3886
GSL3908
Keep this document in a safe place. It
and proof of payment are your proof
coverage. There is no coverage in force
r. unless the premium is paid in full. In order
Chairman of the Board Secretary to activate your coverage, please remit
premium in W by the effective date of
this Certificate of Insurance.
Master Policy # 188711433
G -141241-B(0312010) Coverage Change Date: Endorsement Change Date:
ALLIED HEALTHCARE PROFESSIONAL AND SUPPLEMENTAL LIABILITY
INSURANCE POLICY DECLARATIONS
RENEWAL DECLARATIONS
ATTACH THIS RENEWAL DECLARATIONS TO YOUR EXPIRING POLICY
Policy Number: PHCP010460 Philadelplva Indene il.y Insurance Company
Administered by: CPH &_ Associate:
711 S. Dearborn, Ste. 305
Chicago, IL 60605
Alan W. ICorinek
17 09 39th Sheet
Lubbock, TX 79411
Affiliation A.UIFT
Profes:ionalOcciq)ation: MARRIAGE&FAMILY
Coverage Tenn From: (Effective Date) 08,/37/13 To: (Expiration Date) 08/27/13
at 13:01 a.m. Standard Time at the Im sured's Mailing Address shown above.
COVERAGE A —PROFESSIONAL LIABILITY
COVERAGE
LIMITS OF LIABILITY
PREMIT_M
Individual —Each Incident:
$1,000,000
$106.30
Aggregate:
$5,000,000
Association, Paitieishi p or Corpora don — Each Incident.:
N/A
Aggregate: N/A
COVERAGE B — SUPPLEMENTAL LIABILITY
COVT,R AGE
Each Incident:
$1,000,000
(hicluded)
Aggregate:
$5,000,000
COhB,JERCIAL GENERAL LIABILITY COlBRAGE
Eacli Incident:
N/A
N/A
Aggregate:
N/A
PROPERTY COVERAGE
N/A
N A
Premium (including taxes) $10620
Policy Forms & Endorsements: PI-PHCP-03 (07/10)
By:
(it) 2j_0
Jamie Maguire, Authorized Representative
State Endorsements) made a part of this policy at the time of issue: refer to www.cphins.com
Call the Administrator to Verify Claims History at 1-800-875-1911