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HomeMy WebLinkAboutResolution - 2007-R0144 - Agreement - TTU HSC - Employee Assistance Program - 04/12/2007Resolution No. 2007-RO144 April 12, 2007 Item No. 5.25 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 relating to the City of Lubbock's Employee Assistance Program 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 12th day of ATTEST: Rebecca Garza, City Secretary U AP,PROVgp AS TO CONTENT: �vf Leisa Hutcheson, Risk Manager APPROVED AS TQ FORM: r - i D d G. V iv r, Attorney of ounce DDres'EAPprofsvcs07Res Apri12.2007 April , 2007. I ALMW 95427 4 Resolution No, 2007-80144 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: 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 incident per covered 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 14 and 15, 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 or help line, 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. ALMW 95427 4 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 significant others. 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 Benefits Section of Risk Management. 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, 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 employees). 14. TTUHSC agrees to provide outpatient substance abuse assessment, treatment, and follow-up for EAP -eligible employees of 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, medical detox services, or drug testing/lab services, as these services would be billed under the employee's health insurance plan. 15. TTUHSC agrees to provide smoking/tobacco cessation outpatient services and education for EAP-cligible employees of 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 pharmaceutical products (e.g., Zyban and nicotine patches), physical examinations, and psychological testing. 16. TTUHSC agrees to provide financial counseling services to employees of the City of Lubbock and their family members for the first year of this contract. The providers of these services will be advanced students in the Personal Financial Planning (PFP) program at Texas Tech University. These financial counseling services do not include credit card or bill consolidation. 17. 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, caregiver/family dynamics, legal and financial considerations, etc.). ALMW 95427 4 18. 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). 19. TTUHSC agrees to provide posters, mailers, and related promotional materials (e.g., brochures and a quarterly wellness newsletter) to assure that employees of the City of Lubbock are aware of the EAP and the services that are provided. 20. 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 Fancily 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. 21. 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). 22. 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. 23. TTUHSC agrees to provide the City of Lubbock with quarterly and annual utilization reports, and TTUHSC agrees to submit additional management reports as requested by the City of Lubbock. 24. TTUHSC agrees to act as a resource for compliance of the Drug Free Work Place Act. 25. TTUHSC agrees to assume responsibility to be in compliance with the Health Insurance Portability and Accountability Act of 1996 as amended. 26. 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. ALMW 95427 4 ARTICLE I1 COMPENSATION For all of the services listed in Article 1, except those included in paragraph 18, the City of Lubbock agrees to a payment rate of $18.00 per employee per year beginning June 1, 2007 and ending May 31, 2008. This rate shall be based on the total number of employees employed by the City of Lubbock which is 1920 as of the date of execution of this agreement. The estimated total payment rate for this number of employees is $34,560.00 per year. The rate of $18.00 per employee per year will remain the same for contract year TWO, June 1, 2008 to May 31, 2009, or for contract year THREE, June 1, 2009 to May 31, 2010. 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. For the work/life services listed in paragraph 18 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 A.rredondo, 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, 2007 for a three year period, renewable annually, unless previously terminated pursuant to this article (Article III) or extended by mutual agreement in writingrp for 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 cmployer/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. ALMW 95427 4 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. 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. 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/100 Dollars ($1,000,000) combined single limit in the aggregate and per occurrence. ALMW 95427 4 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 David A. iller, Mayor Date: April 12, 2007 Attest: c Re ecca Garza City Secretary v C tent: Leisa Hutcheson Risk Manager Attorney of Counsel Texas Tech University Health Sciences Center Southwest lnstitute for Addictive Diseases Elmo M. Cavin Executive Vice President Date: t3©o ALLIED HEALTHCARE PROFESSIONAL AND SUPPLEMENTAL LIABILITY INSURANCE POLICY DECLARATIONS RENEWAL DECLARATIONS ATTACH THIS RENEWAL DECLARATIONS TO YOUR EXPIRING POLICY Policy Number: PHCP060999 Philadelphia Indemnity Insurance Company Administered by: CPH & Associates 711 S. Dearborn, Ste. 205 Chicago, IL 60605 April Sizemore Affiliation: AAMFT Professional Occupation: MFT INTERN Coverage Term From: (Effective Date) 11/07106 To: (Expiration Date) 11/07/07 at 12:01 a.m. Standard Time at the Insured's Mailing Address shown above. COVERAGE A— PROFESSIONAL LIABILITY COVERAGEE7 LIMITS OF LIABILITY PREMIUM Individual — Each Incident: $1,000,000 $95.00 Aggregate: $3,000,000 Association, partnership or Corporation — Each Incident. NIA Aggregate: N/A COVERAGE B — SUPPLEMENTAL LIABILITY COVERAGE Each Incident: $1,000,000 (Included) Aggregate: $3,000,000 COMMERCIAL GENERAL LIABILITY COVERAGE Each Incident: NIA NIA Aggregate: NIA Policy Forms and Endorsement: The expiring policy forms, endorsements and limits of insurance apply to this renewal unless changes are shown on this Renewal Declaration. Premium (including taxes): $95.00 Call the Administrator to Verify Claims History at 1-800-875-1911 Jamie Maguire, Authorized Representative State Endorsement(s) made a part of this policy at the time of issue: refer to www.cphins.com PI -HCH -02 (11100) ALLIED HEALTHCARE PROFESSIONAL AND SUPPLEMENTAL LIABILITY INSURANCE POLICY DECLARATIONS RENEWAL DECLARATIONS ATTACH THIS RENEWAL DECLARATIONS TO YOUR EXPIRING POLICY Policy Number: PHCP010460 Alan W. Korinek PhD. 1709 - 29th Street Lubbock, TX 79411 Affiliation: AAMFT Professional Occupation: MARRIAGE&FAMILY Philadelphia indemnity Insurance Company Administered by: CPH & Associates 711 S. Dearborn, Ste. 205 Chicago, IL 60605 Coverage Term From: (Effective Date) 08/27/06 To: (Expiration Date) 08/27/07 at 12:01 a.m. Standard Time at the Insured's Mailing Address shown above. COVERAGE A — PROFESSIONAL LIABILITY COVERAGE LIMITS OF LIABILITY PREMIUM Individual — Each Incident: $1,000,000 $106.20 Aggregate: $5,000,000 Association, Partnership or Corporation — Each Incident: N/A Aggregate: N/A COVERAGE B—SUPPLEMENTAL LIABILITY COVERAGE Each Incident: $1,000,000 (Included) Aggregate: $5,000,000 COMMERCIAL GENERAL LIABILITY COVERAGE Each Incident: NIA N/A Aggregate: N/A Policy Forms and Endorsement: The expiring policy forms, endorsements and limits of insurance apply to this renewal unless changes are shown on this Renewal Declaration. Premium (including taxes): $106.20 Call the administrator to Verify Claims History at 1-888-875-1911 Jamie Maguire. Authorized Representative State Endorsement(s) made a part of this policy at the time of issue: refer to www.cphins.com PI -HCH -02 (11/00) 1/.18/07 - A Mental Health Counselors' Professional Liability Policy THIS IS A CLAIMS MADE POLICY - PLEASE READ CAREFULLY ' 1 NOTICE: A LOWER LIMIT OF LIABILITY APPLIES TO NDGMENTS OR, SETTLEMENTS WHEN T�ERE ARE ALLEGATIONS OF SEXUAL MISCONDUCT (SEE THE SPECIAL PROVISION 'SEXUAL MISCONDUCT" IN THE POjICY1 DECLARATIONS I POLICY NO: 500-0008937 ACCOUNT NO: TX -T=230-0 0409079R ITEM I. (a) NAME AND ADDRESS OF INSURED: [ ITEM 1. (h) Ai1DT1' 0NAT. WAM" T) TNCTT12FTle. TYPE OF ORO: itl;Nt Z. ADDITIUNAL INSUREDS: iTIrM3. POLICY' #tx/ 2 g j 0 7 3. . 12:0)A.M. STANDARD ?I AT THE ADDRESS OF ITEM 4. LLNETS OF LIABILITY: (a) S EACH WRONGFUL AC 1, 000': 00:0 OR INTERRELATED W3 (b) S 5 Q 0`':0 COSTS RELATED TO A W S— 3, 0 0 0 r .0 Ck`O AGGREGATE, FOR ALI TTC71.f [ nnnarnns cnrrM-.v,T,». i.;.l.fl l3tt'ti,;:fi I tUN EMPLOYED. COUNSELOR PART TIMBliPROftSSZONAL f DEFENSE' LIMIT ITI M 6. RETROACTIVE PATE: 7.0 1/ 2 810 5 ITEM 7. EXTENDED REPORTINd PERIOD ADM} hONAL PREW{if exercised); $ I I ITEM S. POLICY FORMS AND ENDORSEMENTS ATTACHED- PRGE3000 {3/2006} PR e-1144 (10/2006)`," (3/2006) PRGe1123 (3/2406) THIS IS NOT A BELL. PREMIUM ,TIAs BEEN PAID. PROE2005 (312006) 1 IVIDUAL o128ff%0 HE INSURED AS STAiI:E) HEREIN: OR SERIES OF CONT, REPEATED :)NGF'UL ACTS OR OCCURREWE Y SINGLE PROCEEDING CLAIMS AND ALL PROCEEDINGS E ANNUM: 3.00 18$.00 POLICY .126 A RIZ.ED{ COMPANY REPRESENTATIVE AmeTi f SiOftai14grney * 95 BsaadvM, AmrtMVe, NY 11701 TEXAS TECH UNIVERSITY Kendra Jackson, Contracting Office Box 41101, 327 Drane Hall Lubbock, TX 79409-1101 (806) 742-3841 FAX (806) 742-0350 The following students of the TTT) Marriage and Family Therapy Program are to be covered under our Student Liability Insurance Plan for the 8127/06 -- 8127/07 fiscal year: Accuardi-King, Jennifer Lester, Shaun Sitar, George Blakeslee, Sara Brown, Tiffany Brannan, Melissa Dakin, John Downs, Adam Drew, Faith Froerer, Adam Graff, Chad Harriger, Dinah Jane Harrington, Amanda _ 14aygood-,- ranjte-- Heisser, Page Houghtaling, Austin Joiner, LyunAnne Jordan, Matthew Kerksiek, Kimberly Lee, Kyung Hee Please charge to Account# 0527-44-2583 Don Arterburn, Ph.D., LMFT Director of Clinical Training don.arterbum@ttu.edu Levitt, Melissa !Lucas, Brandy Miller, Bobbi Moore, Austin Morgan, Martha Mun y Northrup, Jason Rappleyea, Damon Reyes, Nenetzin Salinas, Julie Schwerdtfeger, Kami Seedall, Ryan Simon, Kimberly Springer, Paul White, Mark Wilkins, Erica BRANCH BIA PRODUCER NUMBER DATE OF ISSUE PRIOR CERTIFICATE NUMBER 23 0001878 ' 9/11/2006 AHC 7000326 SPECIFIED MEDICAL PROFESSIONAL LIABILITY OCCURRENCE INSURANCE POLICY OFFERED THROUGH THE ALLIED HEALTH PURCHASING GROUP ASSOCIATION PURCHASING GROUP POUCY NUMBER: 44-2010124 lam DECLARATIONS CERTIFICATE NUMBER AHC- 7000326 I. Named Insured STUDENTS OF TEXAS TECH UNIVERSITY 2. MAILING ADDRESS P.O. BOX 41141, 327 DRANE HALL LUBBOCK, TEXAS 79409-1101 3. Policy Period 12:01 A.M. Standard Time At From: To., 8!27,"2006 8/2712007 Location of Designated Premises 4. The insurance afforded is on with r to such of the 1Y aspect following types of insurance as indicated by specific premium charge or charges: �QYERAGE M A. Professional Liability �] $1-044,00 B. General Liability ❑ Endorsements) ❑ TOTAL PREMIUM: S. LIMITS OF LIABILITY each Incident $ in the Aggregate 1,000,000 or Occurrence 3,000,000 s• Deductible (if applicable): $ each Incident or Occurrence 7, The Named Insured is: ❑ Sole Proprietor (Including Individual) Partnership ❑ Corporation E] Other: STUDENTS OF SCHOOL n• Business or occupation of the Named Insured: "STUDENTS OF SCHOOL, SEE ENDORSEMENT PLE-2156(05/01)" 9. This policy is made and accepted subject to the printed conditions of this policy together with the provisions, stipulations and agreements contained in the following form(s) or endorsement(s): PLJ-2025(04/02), PLE-2481(12197), PON -2003(08/02) PLE-2156(05/01), Loss Control Notice CHICAGO INSURANCE COMPANY SSE. MONROE STREET, CHICAGO, ILLINOIS 6003 REPRESENTATIVE: Agent or Broker. Bill Beatty Ins. Agency, Inc. Office Address: 13140 Coit Rd., Suite 510 THIS(IS A M C9 5�: Dallas, Texas 75240 840) 451-8358 R ESSIONAL NO POLICY ONLY ***Insureds copy'** PLP -2025 (0119Sb) elec