HomeMy WebLinkAboutCC Resolution 8478 (Employee Assistance Programs)RESOLUTION 8478
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
AUTHORIZING RENEWAL OF CONTRACT WITH
ASSURED HEALTH SYSTEMS, INC. FOR CONTINUATION
OF EMPLOYEE ASSISTANCE PROGRAMS (EAP) FOR
CITY EMPLOYEES (for one year from July 1, 1991
to June 30, 1992, at a fee not to
exceed $10,000)
RESOLVED, that the City Council of the City of San
Rafael, does hereby authorize the MAYOR and CITY CLERK to execute
on behalf of the City of San Rafael, a contract agreement between
the City of San Rafael and ASSURED HEALTH SYSTEMS, INC.,
designating
ASSURED HEALTH SYSTEMS as the EAP provider for eligible City of San
Rafael employees. Said contract is for a term of twelve months and
a fee not to exceed $10,000.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael
hereby certify that the foregoing Resolution was introduced and
adopted at a Regular meeting of the City Council of San Rafael,
on Monday the 5th day of Auqust, 1991,,. by
the following vote to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
".1.
JE E M. LEONC I, City Clerk
GRIGINAL 2""
Ia
THIS AGREEMENT is entered into as of the 1st day of July,
1991, between the CITY OF SAN RAFAEL hereinafter referred to as
the "City", and ASSURED HEALTH SYSTEMS, INC. a Massachusetts
Business Corporation, hereinafter referred to as "ASSURED':
WITNESSETH:
WHEREAS, The City desires to establish an Employee
Assistance Program ("EAP") for its employees and their
dependents;
WHEREAS, ASSURED offers a range of EAP services from design
to administration; and
WHEREAS, the City desires that ASSURED develop, implement
and operate an EAP for its employees and their dependents.
NOW, THEREFORE, in consideration of the mutual covenants,
obligations and agreements set forth herein, the parties agree
as follows:
I. TERM
1.1 This Agreement shall be effective from the date
that it is entered into and shall remain in full force and
effect for an initial term ending June 30, 1992. Thereafter,
this Agreement shall be automatically extended for successive
one (1) year periods unless terminated as hereinafter set
forth. All terms and provisions of this Agreement shall
continue in full force and effect during the extension
period(s), except those contained in subparagraph 3.2 (a),
which shall be subject to modification by mutual agreement.
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II. TERMIINATION
2.1 Either party may terminate this Agreement, with or
without cause, upon the conclusion of the initial term or upon the
conclusion of any extended one (1) year term by giving at least
sixty (60) days prior written notice. This paragraph shall not
restrict the right of either party to terminate this Agreement as
set forth in paragraphs 4.1(b) and paragraphs 2.2 and 2.3 below.
2.2 Termination for Breach of Contract,
If either party shall violate any of the covenants undertaken
herein, or any of the duties imposed upon it by this Agreement,
other than those covered in subparagraph 4.1(b), such violation
shall entitle the other party to terminate this Agreement,
provided that the party desiring to terminate for such cause shall
give the offending party at least thirty (30) days written notice,
specifying the particulars wherein it is claimed that there has
been a violation hereof; and if at the end of such time the party
notified has not removed the cause of complaint, or remedied the
purported violation, then the termination of this Agreement shall
be deemed complete.
2.3 Termination in Event of Bankruptcy and Other Events.
In the event proceedings in bankruptcy are commenced against
either of the parties, or either is adjudicated as bankrupt, or a
receiver of either is appointed and qualifies, or if the assets of
either party are assigned for the benefit of creditors, then
either of the parties may terminate this Agreement and all further
rights and obligations hereunder, by giving thirty (30) days
written notice to the other.
III. OBLIGATIONS OF THE PARTIES
3.1 ASSURED agrees to establish, promote and manage
the EAP, by providing the following services and those outlined
in the attached Exhibit A, attached and incorporated by
reference herein.
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(a) Development of policies and procedures to be
used in connection with the EAP;
(b) Provision of ongoing benefits coverage
clarification and identification and
evaluation of the treatment resources network
in the areas where the City's employees work
and reside;
(c) Consultation on the design and distribution
of the City's EAP employee communication
materials;
(d) Provision of management training and employee
orientation regarding the use of the EAP;
(e) Provision of professional assessment,
referral and follow-up services for all
eligible employees and family members; and
(f) Preparation of program summaries and
evaluation reports.
3.2 The City agrees to:
(a) Pay to ASSURED a Professional Fee (the "Fee")
for the ongoing development and operation of the
EAP as set forth in Exhibit A equal to Twenty
Seven Dollars and 77 cents ($27.77) per employee
per year for 360 employees which includes coverage
for such employee's dependent family members,
totalling Ten Thousand Dollars ($10,000.00)
annually to be paid in four quarterly installments
of Twenty Five Hundred Dollars ($2500.00). The
Fee shall be adjusted semi-annually to reflect the
actual number of employees. The City shall be
responsible for reporting the number of employees
of the City to ASSURED on a semi-annual basis;
A1056-4/91 3
(b) Reimburse ASSURED for incurred travel expense
as approved by the City in advance;
(c) Reimburse ASSURED for expense incurred by
ASSURED for slides, brochures, or other employee
communication materials, all of which are to be
approved by the City in advance;
(d) Reimburse ASSURED for incurred shipping
expense for communication material as approved by
the City in advance;
(e) Pay ASSURED for all other costs and expenses
that are directly related to the operation of the
EAP, as approved by the City in advance; and
(f) Obtain ASSURED's prior approval of any
written materials prepared or to be distributed by
the City which contains either ASSURED's name/logo
or a description/explanation of the services to be
provided by ASSURED pursuant to this Agreement.
IV. GENERAL COVENANTS AND CONDITIONS
4.1 Billincr
(a) On or before the first day of each three (3)
month period during the term of this Agreement commencing the
day and year first above written, ASSURED shall forward to the
City an invoice for the charges and fees applicable to the
current calendar quarter payable by the City. If any amount so
invoiced is not paid within forty-five (45) days after receipt
of said invoice, the outstanding balance shall bear simple
interest from the due date of said invoice at a rate of twelve
percent (12%) per annum until such amount is paid in full. Any
amounts thereafter received by ASSURED shall be applied first to
interest accrued but unpaid and then to the oldest invoice.
A1056-4/91 4
(b) The parties agree that if the City fails to
pay any such invoice by the fifteenth (15th) day of the third
calendar month following the month the invoices are provided,
that failure shall be a material breach of this Agreement by the
City which shall give ASSURED the right to terminate this
Agreement upon ten (10) days written notice to the City
delivered personally or deposited in the United States mail,
certified or registered, with postage prepaid and addressed to
the City as provided for in paragraph 4.9 hereof. Any such
termination of this Agreement by ASSURED shall not affect the
City's obligation to pay amounts due ASSURED under this
Agreement up to the date such termination is effective, but no
such payment shall affect the effectiveness of such termination.
4.2 Solicitation of Employees
During the term of this Agreement and any extension periods,
and for a period of twelve (12) months after its termination,
the parties hereto agree not to solicit for employment or employ
any past or present employee of either party who was involved
with the operation of the EAP or induce or attempt to induce any
such employee to leave the employ of the other party unless
otherwise agreed to by the parties hereto.
4.3 Confidentialitv of Records
(a) The parties agree that the EAP records are
confidential in nature and will not be disclosed or redisclosed
without the employee's or family member's prior written
consent. The City and ASSURED further agree to comply with all
state and federal laws and regulations governing the release of
the EAP records.
A1056-4/91 5
(b) Upon termination of this Agreement, ASSURED
agrees to turn over copies of its EAP records to the City or its
designated EAP successor. However, such records shall only be
released upon receipt by ASSURED of a signed authorization form
for each record which shall meet:the requirements of all
applicable state and federal laws relating to the disclosure of
said records.
4.4 ASSURED Compliance with Requlations
ASSURED shall conduct its activities and operations in
accordance with all rules and regulations of the City (as
disclosed to ASSURED), and applicable state and other
governmental authorities.
4.5 Governmental Reaulations
The City shall, at the City's sole expense and cost, comply
with all the requirements of all county, municipal, state,
federal and other applicable governmental authorities, now in
force, or which may hereafter be in force pertaining to the
performance of this Agreement and shall faithfully observe all
municipal and county ordinances, state and federal statutes now
in force or which may hereafter be in force.
4.6 Circumstances Excusinq Performance
This Agreement is subject to force maleure, and in the event
that either party hereto shall be prevented from the performance
of any act required hereunder by reason of strikes, lockouts,
labor troubles, inability to procure materials, failure of
power, fire, winds, Acts of God, restrictive governmental laws
or regulations, riots, insurrections, war or other reason of a
like nature not reasonably within the control of the party in
performing any of its obligations under the terms of this
Agreement, then performance of such obligations shall be excused
for the period of the non-performance, and the period for the
performance of any such obligations shall be extended for an
equivalent period.
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4.7 Inclusion of All Terms and Conditions in Writing
This Agreement embodies the whole agreement of the parties.
There are no promises, terms, conditions, or obligations other
than those contained herein; and this Agreement shall supersede
all previous communications, representations, or agreements,
either verbal or written, between the parties hereto.
4.8 Written Modification
There shall be no modification of this Agreement, except in
writing and executed with the same formalities of this
Agreement.
4.9 Notices
All notices required to be served by provisions of this
Agreement may be served on any of the parties hereto personally
or may be served by sending a letter duly addressed by certified
or registered mail. Notices to be served on ASSURED shall be
served at or mailed to: 20 Burlington Mall Road, Burlington,
Massachusetts 01803, Attention: President, with a copy to
Cynthia J. Flaa, Esq., 30 North LaSalle Street, Suite 1610,
Chicago, Illinois, 60602, unless otherwise instructed. Notices
to be served on the City shall be served at or mailed to: 1400
5th Avenue, P.O. Box 151560., San Rafael, CA 94915-1560, Attn: Daryl
Chandler, Personnel Office unless otherwise instructed.
4.10 Indemnification
(a) ASSURED shall indemnify and hold harmless the
City, its officers, directors and employees, against liability,
losses, damages or expenses (including legal expenses) resulting
from any claim based on the negligent or intentional acts or
omissions of ASSURED in providing its services to employees of
the City or their dependents pursuant to this Agreement.
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(b) The City shall indemnify and hold harmless ASSURED,
its officers, directors and employees, against liability, losses,
damages or expenses (including legal expenses) resulting from any
claim based on the negligent or intentional acts or omissions of
the City arising under this Agreement.
4.11 Arbitration
ASSURED and City agree to submit any claims arising under
this Agreement to binding arbitration pursuant to the current
provision of the California Code of Civil Procedure and any
successor statutes.
IN WITNESS WHEREOF, the parties hereunto have set their
hands the day and year first above written.
ASSURED HEALTH SYSTEKS, INC.
A Massachusetts Business Corporation
BY ATTEST; .� �, •� - •-4 t Date
CI
BYE ATTEST 4 +rW.Q -«t Date:
Lawrence E. Mulryan Mayor Jeann oncini, City Clerk
96
Approved as to Content: BY: �L / "V Date:
Suzan Golt Assistant City Manager
Approved as to Form: BY -") "�F 4t, A,Date:
pp Gary T. Ragghian*, City Att r`e
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Exhibit A
ASSURED HEALTH SYSTEMS, INC.
Employee Assistance Program
City of San Rafael
Service Specifications
Policies and Procedures
o Customized EAP Policy Development and Implementation
o Drug Free Workplace Consultation
Emplovee Communication
o Letters/Brochures/Posters & Wallet Cards
o On -Site Orientation Meetings
o Newsletter Articles
Kev Emplovee Trainina and Consultation
0 1-30 hours EAP Training and Health Promotion
o Referral Consultation
Professional Assessment & Referral
o National 800#
o Off -Site, 1-3 Sessions
o Telephone Assessment and Referral
Follow -UD
o Telephone
o Face to Face
o Survey
o Workplace Reintegration
Reportina and Administration
o Semi-annual EAP Utilization Reports
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