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HomeMy WebLinkAboutEMPLOYEE ASSISTANCE PROGRAMS - CONTRACT - RFP - P740 EMPLOYEE ASSISTANCE PROGRAMSPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and EMPLOYEE ASSISTANCE PROGRAMS INTERNATIONAL (EAPI), a corporation, hereinafter referred to as "Professional'. MAN 9> *"!6*- *T0q In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference. 2. Contract Period. The services to be performed pursuant to this Agreement shall be initiated within ten (10) days following execution of this Agreement and shall continue in full force and effect for one year unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Early Termination by Citv. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the PSA 10/97 termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: Gary Stricklin, Ph.D., LMFT Vincent Pascale Carl Yost, Buyer EAP International Human Resources Dept. Purchasing Division 760 Whalers Way STE A100 City of Fort Collins City of Fort Collins Fort Collins, CO 80525 P. O. Box 580 P. O. Box 580 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Project. Indemnity and Insurance Responsibility_. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to reports and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of $1,000,000. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Three Dollars ($3.00) PSA 10/97 2 per month per employee. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 8. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 9. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any PSA 10/97 3 responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Law/Severability. The laws of the State of Colorado shall govern the construction, PSA 10/97 4 interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 15. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "b", consisting of one (1) page, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO John V. Fischbach City Manager rr s B. O'Neill II, CPPO Direct Purchas%ing &Risk Management DATE: A�T.EST: �AXIMIEW AA21%� APPf;Oit'trh4S TO FORM: Assistant ity Attorney EMPLOYEE ASSISTANCE PROGRAMS INTERNATIONAL Jodi ollins, Pr sident Date: ST: ��f r (Corporate Seal) 541�orafe'ge e ry PSA 10/97 5 EXHIBIT A SCOPE OF SERVICES The professional shall provide an employee assistance program for approximately 1300 employees. This will include providing confidential counseling, assessment and referral to individuals who have substance -abuse, psychological, marital, family, financial, legal or other personal problems. The professional shall provide counseling, referral, direction, encouragement and assistance to active "City Employees" (defined below). 2. The term "City Employees" shall mean all full-time and part-time classified city employees, unclassified management staff, contractual employees and employees of the Housing Authority of the City of Fort Collins (including all those who are absent for illness or injury or on leave of absences), and their dependents. 3. The professional will provide all services in accordance with generally accepted standards and practices for employee assistance programs of similar scope and size. 4. In order to conduct the employee assistance program, the professional will provide and maintain, at its own expense, all office equipment and other equipment necessary for the administration of its services. The professional shall employ or retain, at its sole expense, appropriate staff who will provide the services included in this scope of services. 5. The professional will ensure that all counselors providing services under this agreement shall have and maintain the necessary credentials, licenses, and certifications necessary for the practice of counseling or psychotherapy in the State of Colorado. 6. The professional shall provide eight (8) 50 minute counseling sessions per family member per problem per calendar year, to be provided in Fort Collins, or with the consent of the employee, at other appropriate locations of EAP, Inc. 7. The professional shall provide twenty-four (24) hours/day, seven (7) days/week access by phone for crisis response. Crisis calls will be answered live at receipt of the call. Appointments for emergency situations will be offered on the same working day, or on the next working day if crisis occurs on weekend or holiday. 8. The professional shall maintain appropriate office hours, generally from 8 a.m. to 5 p.m. Monday through Friday, for appointments and inquiries. Appointments for non - emergencies will be offered to the employee within three (3) working days. 9. The professional will make referrals to qualified therapists, alcohol/drug abuse programs, financial and legal resources, support groups and other related professionals, within the Fort Collins geographical area. The Professional will follow up on the referral to verify patient satisfaction with the service. 10. Training and orientation: A. The professional will attend new employee orientation meetings as scheduled to provide information on the services of the Professional. This will include a 15-20 minute overview of the Professional and its functions. Arrangements for these presentations will be made at least 30 days in advance. B. The professional will provide on -going education through the following means: 1. Brochures and wallet -size cards for current and new employees, which will contain information about the EAP, its phone number and the process for using the services; 2. Provide EAP informational posters and brochures as needed; 3. Provide monthly articles for employee newsletter as requested; 4. Periodically visit various City work sites to become familiar with employees and City functions; and 5. Consult, as needed, with individual supervisors regarding employees with work performance or other related problems. Provide access to EAP International for these services. C. The professional will provide seminars or workshops to City employees up to 12 times per year. Topics, times and locations will be arranged between Professional and the City, with materials provided by the professional. The professional will also act as a resource for training information and referrals. 11. The professional shall provide one legal consultation up to thirty (30) minutes per HOUSEHOLD per year. This consultation may be conducted in person or by telephone with the legal professional to whom the employee is referred. Emergency consultation can also be provided when emergencies exist. Once the employee is given a legal referral, the employee is responsible for contacting the attorney and the attorney will respond within 24-48 hours. If a more timely response is needed, this can be provided. Excluded from the legal benefit are: workplace related issues, felony, the legal service itself or the EAP. 12. The professional shall provide quarterly usage reports with statistical and demographic information, which shall include: A. Employee and dependent demographic data; B. Data on number of clients seen; C. Data on visits broken down by category; D. Utilization rates; and E. Narrative information from EAP International regarding tracking of referrals. 13. The professional shall provide review of positive results of random drug/alcohol testing for employees in safety sensitive positions within the City of Fort Collins. The professional shall act as Substance Abuse Professional (SAP), provide diagnosis and recommended treatments for affected individual in accordance with the federal standards as regulated by the United States Department of Transportation. This process shall be coordinated with the City of Fort Collins Human Resources Department. 14. Services provided under this Agreement will be confidential. Information resulting from these services will not be disclosed to any other employee, officer, director, agent or representative of the City of Fort Collins, without prior written consent of the employee, except as required by law. EAPI counselors may be required and will report threats of imminent physical violence or suicidal intent as well as evidence of child/elder abuse or neglect to the potential victim(s) and the appropriate agencies of the danger. EXHIBIT B YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY Section 1. Contractor hereby certifies that all information resources or systems to be provided or used in connection with the performance of this Agreement are "Year 2000 Compliant", except as otherwise expressly described in Section 2, below. "Year 2000 Compliant" shall mean that information resources meet the following criteria: a. Data structures (e.g., databases, data files) provide 4-digit date century recognition. For example, "1996" provides date century recognition; "96" does not. b. Stored data contains date century recognition, including (but not limited to) data stored in databases and hardware/device internal system dates. C. Calculations and programs logic accommodate both same century and multi - century formulas and date values. Calculations and logic include (but are not limited to) sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values. d. Interfaces (to and from other systems or organizations) prevent non -compliant dates and data from entering any state system. e. User interfaces (i.e., screens; reports; etc.) accurately show 4 digit years. f. Year 2000 is correctly treated as a leap year within all calculation and calendar logic. Section 2. Contractor agrees to notify the City immediately of any information resources or systems that are not Year 2000 Compliant upon encountering the same in connection with the performance of the Agreement, including without limitation any information resources or systems in use by Contractor in the performance of the Agreement or information resources or systems of the City regarding which Contractor obtains information in the course of its performance of the Agreement. Section 3. Contractor agrees to permit examination, by the City or agents thereof, of any and all information resources and systems in use in connection with this Agreement, and related Year 2000 Compliance implementation plans, in order to evaluate Year 2000 Compliance and potential implications of the same for the City and for performance of the Agreement. Section 4. The Contractor shall indemnify and hold harmless the City, and its officers, agents and employees, from and against all claims, damages, losses, and expenses, including attorneys fees, arising out of or resulting from the Contractor's information resources or systems that are not Year 2000 Compliant. PSA 10/97 1