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HomeMy WebLinkAboutResolution - 4815 - Contract - TTUHSC, Department Of Psychiatry - Lubbock EAP - 04/27/1995Resolution No. 4815 April 27, 1995 Item #14 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 Psychiatry, for the City of Lubbock Employee Assistance Program (EAP), which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27t ay o April 1995. ' -7 AVID R. LA'NGSTON, MA ATTEST: Betty IV4. Johns(Vi, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: D nald G. Vandiver, First Assistant City Attorney dp:Iccdocs\EAP.Res April 19, 1995 Mary And s, Managing Director Human Resources APPROVED AS TO FORM: D nald G. Vandiver, First Assistant City Attorney dp:Iccdocs\EAP.Res April 19, 1995 Resolution No. 4815 April 27, 1995 Item 414L M V" 9 5 4 a7 PROFESSIONAL SERVICES AGREEMENT THIS CONTRACT, made the 1 st day of June 1995, by and between the City of Lubbock, Texas, hereinafter called the "Receiving Agency" and Texas Tech University Health Sciences Center, Department of Psychiatry, through the Southwest Institute for Addictive Diseases, hereinafter called the "Performing Agency", witnesseth: ARTICLE I Whereas, the Receiving Agency desires to receive an Employee Assistance Program (EAP) to benefit its employees, and the Performing Agency desires to deliver such professional services, the two parties agree as set forth below: 1. The Performing Agency agrees to provide EAP services in the form of initial assessment, short term counseling, and referral interviews up to a maximum of eight sessions per incident per individual employee per year. Should the employee seek and obtain treatment and/or counseling beyond the maximum of eight sessions from any other source recommended by the Performing Agency, the employee shall be responsible for payment of all costs associated with that treatment and/or counseling. 2. The Performing Agency agrees to provide EAP services to members of the immediate family of the Receiving Agency's employees without receiving any additional compensation. Such service to an employee's family members shall be provided within the maximum of sessions (eight) 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. The Performing Agency agrees to provide a 24 Hour Helpline and 1-800 number to all employees of the Receiving Agency and their family members. 4. The Performing Agency agrees to provide intervention and crisis counseling services including critical incident stress de -briefing sessions when requested by the Receiving Agency. 5. The Performing Agency agrees to provide staff orientations to the Receiving Agency periodically throughout the contract year to increase utilization of the Employee Assistance Program. 6. The Performing Agency agrees to provide educational seminars and preventative services (i.e., stress management, time management, parenting, and smoking cessation seminars) to the Receiving Agency. These educational seminars and preventative services will be provided at no additional cost to the Receiving Agency. 7. The Performing Agency agrees to provide supervisor training and consultation services to the Receiving Agency throughout the contract year. The Performing Agency's supervisors who need guidance in evaluating employee performance and conducting appropriate interventions. 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 Receiving Agency. 8. The Receiving Agency 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. 9. The Receiving Agency agrees to appoint 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. 10. The Performing Agency agrees to provide letters, brochures, training videos, and posters to the Receiving Agency for purposes of marketing the EAP program. 11. Employees will be responsible for notifying and arranging time off with their supervisor if they must enter treatment programs (in-patient and out-patient). The Performing Agency agrees to work with employee's supervisor in arranging for a smooth and positive re-entry into the work environment and as an advocate for those employees who have been off the job in order to receive treatment. The Performing Agency 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. 12. The Performing Agency agrees to provide frequent consultations with the management of the Receiving Agency regarding employees referred to in-patient and out-patient treatment settings when employees have given written consent. 13. The Performing Agency 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. 14. The Performing Agency agrees to provide the Receiving Agency with quarterly and annual utilization statistical reports for management review. 15. The Performing Agency agrees to assist the Receiving Agency in educating all employees to meet the requirements of the Drug -Free Work Place Act. 16. It is agreed by both parties that in order to protect the 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. The Performing Agency agrees to release and resolve the Receiving Agency from any and all liabilities which may occur from litigation and/or the resolution of the same resulting from the services rendered by the Performing Agency 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 The Receiving Agency agrees to a payment rate of $21.00 (8 sessions), per employee per 12 month period. This rate shall be based on the total number of employees employed by the Receiving Agency which is herein deemed to be 1,850. The estimated total payment rate for this would be3$ 8,850. based on these figures. This figure 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 Receiving Agency. Payments to the Performing Agency shall be made on a monthly basis. The Performing Agency shall send a monthly statement of charges to the Receiving Agency ($3,237.50 per installment). Payments should be made to Texas Tech University Health Sciences Center, Southwest Institute for Addictive Diseases, Department of Psychiatry, 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 Nothing contained herein shall be construed as creating an employer/employee relationship between the Receiving Agency and the Performing Agency. The sole interest and responsibility of both parties is that services covered by this contract shall be performed and rendered in a competent, efficient, and satisfactory manner. In carrying out the terms of this contract the Performing Agency shall select its own employees and such employees shall be and act under the control of their employer. ARTICLE IV 1. Regardless of the date of execution hereof, this contract shall become effective on June 1, 1995 for a three year period, renewable annually, unless previously terminated pursuant to Article IV.2 or extended. 2. This contract may be terminated by either party upon not less than 30 days written notice to the other. Venue for any legal proceedings shall be in Lubbock County, Texas. 4. Each party shall indemnify and hold harmless the other with respect to all claims, costs, and expenses (including attorney's fees) arising from the negligence or misconduct of the indemnifying party or its employees or agents with respect to provision of services pursuant to the agreement, insofar as allowed by the laws and the constitution of the State of Texas. 5. If any term or provision of this agreement is held to be invalid for any reason, the invalidity of that section shall not effect the validity of any other section of this agreement. The remainder of the provisions of this agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 6. Neither party shall have the right to assign or transfer their rights to any third parties under this agreement. The undersigned contracting parties bind themselves to the faithful performance of this contract. City of Lubbock /,4,A,6u. VID R. LANGSTO , MAYOR Date: April 27, 1995 ATTEST: r� Betty M. 5ohn-sona City Secretary Date. April 27, 1995 APPROVED AS TO C NTENT: / d-lyjy� Mary And ws, Managing Director Human Resources APPROVED AS TO FORM: 'DbIWd G. Vandiver, First Assistant City Attorney 4 Texas Tech University Health Sciences Center Department of Psychiatry Elmo M. Cavin Nice President r F'scal Affairs Date: r i e Associate General Co sel Date: