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HomeMy WebLinkAboutR-1991-D5874 Substance Abuse / A.J. ConsultantsRESOLUTION NOD 5 8 7 4 A RESOLUTION authorizing the execution of a Consultant Services Agreement with A. J. Consultants Inc. WHEREAS, the City of Yakima has a City Policy Regarding Substance Abuse in the Workplace, an integral part of which is an Emplo\,e Assistance Program (EAP) to provide counseling and rehabilitation for employees with substance abuse problems; and WHEREAS, an EAP is expected to provide savings through reduc: employee accidents and industrial insurance claims, increased employee productivity and reduced sick leave, as well as promoting a positive effect on employee morale, which may boost job performance; and WHEREAS, responses to the City's Request for Proposal for service provision have been reviewed by an evaluation c-" t - tee composed of City management and union representative:., with a top ranking given to A. J. Consultants Inc.; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interests of the City ,hat the service proposal of A. J. Consultants Inc. be accepted in the form of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized cnd directed to execute an agreement with A. J. Consultants Inc. for the purpose mentioned above, a true copy of which agreement, entitled "Consultant Services Agreement," is attached hereto and by reference made a part hereof ADOPTED BY THE CITY COUNCIL this 0 day of February , 1991. ATTEST: City Clerk (res'ica.sc) Mayor CONSULTANT SERVICES AGREEMENT I. PARTIES TO AGREEMENT The parties to this Agreement are the consultant firm of AJ Consul- tants, Inc., hereafter referred to as "consultant", and City of Yakima, hereinafter referred to as "company". II. TERM OF AGREEMENT The agreement shall be effective February 1, 1991 through December 31, 1991, unless modification or termination of this Agreement is effective by the written consent of the consultant and the company. This Agreement may be cancelled by the company with a sixty (60) day notice. Renewal of the contract is not automatic, and is subject to decisions made by the consul- tant and the company, separately made according to the discretion of each. III. EMPLOYMENT AND FEES The company agrees to contract for services with the consultant to provide the company with employee support services pursuant to Attachment A. The company shall pay to the consultant for services rendered the sum of $19.85 per employee per year, covering 60n employees, for a total of $11,910.00 per year. Billing for services rendered will be issued on a monthly basis at a rate of $992:50'', to be paid by the 10th of the follow- ing month. Modificati,n of the total number of employees covered will be reviewed on a quarterly basis and adjustments made accordingly. IV. SERVICES PROVIDED In consideration for receipt of the sum specified in Section III above, the consultant agrees to provide the services outlined in Attachment A as a contractual service. V. GUARANTEE AND HOLD HARMLESS AGREEMENT Consultant will indemnify and hold harmless the company for any act of om-ssion or commission on its part. VI. LIABILITY INSURANCE Consultant will provide evidence of liability insurance coverage of at least $250,000.00. City kima By 4Gr R'chard A. Z City Manager va . Date,_C/_i Attest: /1CU /C City Clerk b 5x74 AJ Copsultants, Inc. /7/7,4 By J -n e M. Burke, snjm esident Date Attachment A: ,$eyvices Provided_ to City of Yakima/Full Service EAP Contract I. AJ Consultants, Inc. The following describes the services contracted for under AJ Consultants, Inc.'s full service Employee Assistance Program. These services will be available to all City of Yakima employees and their family members. A. Individual Assessment and Referral/Short-term Counseling: 1. Telephone interviews—information, appointments, service descriptions (unlimited number) 2. Assessment of presenting problem 3. Short-term counseling if appropriate (4 sessions per access at no charge to client) 4. Referral to outside agency for more in-depth counseling services (cost to be covered by client or employer's insurance) 5. Follow-up with client to monitor progress 6. Evaluation of client satisfaction B . Staff Development: 1. Initial orientation to all employees (8 one hour sessions) 2. Supervisory training for management personnel (3 two hour trainings) 3. Orientation during year for new employees (as needed) 4. Wellness or in-service presentations (4 topics per year) 5. Supervisor consultation services (unlimited) a • C . Advisory Committee: Regular meetings (4 times per year) between a representative of AJ Consultants, Inc. and employees selected by the employer to: 1. Review program usage 2. Solicit input to improve program and service delivery 3. Calendar activities and promotions 4. Develop needed policies D . Communications and Program Promotions: 1. Promotional materials will be provided in the form of posters, wallet cards, and Questions & Answers EAP Brochures 2. AJ's Cornerstones, an EAP newsletter, will be mailed directly to employee homes on a quarterly basis 3. Topical brochures will be provided as `check stuffers' 4. Summary Reports of program usage will be presented at each Advisory Committee meeting 5. Year End Reports will be provided at the end of each contract year H. City of Yakima The following describes the services the City of Yakima will provide to AJ Consultants, Inc. for the length of the contract. A . A complete list of all employees, home addresses, and phone numbers. B . One set of mailing labels with home addresses of all e•:•loyees per quarter. C . Availability of selected employees to serve on the EAP Advisory Committee to meet quarterly with a representative from AJ Consultants, Inc. D . Quarterly personnel review to establish total number of employees covered. E . A copy of the City of Yakima drug and alcohol policy and EAP referral policy RESULTS OF RFP FOR EMPLOYEE ASSISTANCE PROGRAM (EAP) BACKGROUND On December 21, 1989, Yakima City Council considered a resolution adopting a City Policy Regarding Substance Abuse in the Workplace. The adoption of the policy complied with the requirements of the Drug Free Workplace Act of 1988, which requires employers to publish policies prohibiting the use of drugs in the workplace plus establishing sanctions for violations. This federal law also mandates public employers who are direct recipients of federal funds to maintain a drug-free workplace. (Exhibit 1) The policy on substance abuse in the workplace was the product of a cooperative effort on the part of a committee comprised of City management and employees representing the four major collective bargaining groups (AFSCME, YPPA, Fire and Fire Pers). It contains the elements required and suggested by the Drug Free Workplace Act including defining prohibited acts, providing information and training, requiring counseling and rehabilitation, and establishing penalties for violati^n. The policy provides for early detection through pre-emplo =int testing for certain job classifications involving safety risks to the public. An integral part of the policy was to establish an Employee Assistance Program (EAS ) to provide counseling and rehabilitation for employees with substance abuse problems. Costs associated with the establishment of an Employee Assistance Program (EAP) are expected to be offset by savings realized through reduced accidents and industrial insurance claims, increased productivity, reduced use of sick leave and positive impact on health benefit accounts. Plus a positive effect on City of Yakima employee morale by providing a vehicle to assist with personal or work related problems which may affect job performance. The attached exhibit (Exhibit 1) Substance Abuse Policy will outline the detailed components required for applicable sections. B-PERSNLL EAP 1 RFP Process/Content To provide all interested Employee Assistance Program (EAP) providers the opportunity to do business with the City, staff prepared a Request for Proposal (RFP) (Exhibit 2) for EAP services. This RFP and the review process is similar to the method the City has used in the past for Risk Management, collection agency services and various other administrative services the City contracts for. The RFP requested potential administrators to provide general and detailed responses regarding these operations. RFP sections included: I. (general Instruction to Bidders II,. Background Information I I I . Technical Proposal IV. Management Proposal V. Cost and Accounting Proposal The proposals were mailed to (15) firms known to provide Employee Assistance Programs (EAP) plus newspaper advertisements locally and in the Northwest. Of these, the City received six (6) responses. 1 . A. J. Consultants, Inc. 4. Em2Ioyees Support S stems Co. 2. Occupational Health Services Cor . 5. Maschhoff, Barr & Associates, Inc. 3. Central Washington Comprehensive 6. Yakima Valley Council on Mental Health Alcoholism B-PERSNLL EAP 2 Employee Assistance Program (EAP) Analysis and Recommendations A proposal development and review team consisting of City Management and Union Representatives (AFSCME, YPPA, Fire and Fire PERS) reviewed the RFP responses and developed a composite ranking for the responses in accordance with the evaluation criteria in the RFP. (Exhibit 3) The final selection of EAP provider was based on: a. The nature, quality and scope of EAP services to be provided. b. The experiences of the bidder in providing such services. c. The bidder's willingness and approach to providing an EAP program appropriate to the needs of the City. d. Bidder references. e. The proposed cost of the bidder's EAP services. f. Finalist EAP providers interview presentation to Committee members. Based upon the above selection criteria and interview presentation of the finalist, the ranking was a follows: 1. A.J. Consultants, Inc., 32 N. 3rd Street. Yakima, WA 98901. Washingtor Mutual Building. Room 310 (509) 248-0133 or 1- 800-922-20 5, proposed a $12,902.50 annual fee based upon 650 emplo ees and family members coverage ($1.65 per employee + .t 2 months = $19.85 x 550 full-time employees and 100 permanent part-time employees = $12,902.50. 2. Occupational Health Services Corporation, 125 East Sir Francis Drake Boulevard, Suite 300. Larkspur. CA 94939-1890. (415 461-8100, proposed a $7,920.00 annual fee based upon 550 full-time employees with additional cost for seminars at $300 per two hours plus travel (up to a maximum of 4750 per day); B-PERSNLL EAP 3 critical incident debriefing at $75.00 per hour ($1.20 per employee + 12 months =_ $14.40 x 550 = $7,920.00. 3. Central Washington ComprehensiveIdgntal Health. 321 Ea$/ Yakima Ave., Yakima, WA 98902 (5/5-4_, proposed a $7,458.00 annual fee based upon 550 full-time employees. Coverage for both employee and family yearly charge of $15.60. Assume 300 married/single parent family employees and 250 single employees ($15.60 x 300 = $4,680) + $13.56 x 250 :_ $3,390) = $8,070. Adjusted cost annually would be $8.070. 4. EmaQ,y- ...r .ii.. • North Rampart. Suite A range. CA 92668 800-221-0945, proposed a $14,850 annual fee based upon 550 full-time employees with the family coverage ($2.25 per employee + 12 months = $27.00 x 550 = $14,850. 5. Maschhoff. Barr & Associates. 47 Park Place. PO Box 814& Tacoma, WA 98411_12_01) 427-4244, proposed a $10,098 annual fee based on 550 full-time employees with family coverage ($1.53 per employee + 12 months = $18.36 x 550 $10,098). Based upon their proposal for service, the proposed cost, and their referral history of service, the review team unanimously ranked A. J. Consultants, Inc. as the provider of choice for the City of Yakima. (Exhibit 4 - A.J. Consultants Contract) RFP Evaluation Members on the evaluation committee were: 1. Glen Thompson - AFSCME 2. Bob Degrosellier - AFSCME 3. Jared Sweesy - AFSCME 4. Mike Vowel! - YPPA 5. Sheryl Smith - Personnel/Human Resources 6. Joe Riel - LEOFF Fire 7. Dave Harris - Fire PERS 8. Wendy Leinan - AFSCME 9. Marsha Devine - AFSCME 10. Archie M. Sutton - Personnel/Human Resources 11. Doug L. Bronson - YPPA B-PERSNLL EAP 4 F n in During the 1990 Budget process, City Council adopted and budgeted $60,000 for the Employee Assistance Program (EAP), Substance Abuse Training and Drug Testing. The Employee Assistance Progam (EAP) for a two-year period with a 10% increase factor, will cost $27,094. Substance Abuse Training and Drug Testing will cost approximately $20,000 for 'he two-year period, which totals approximately $47,094, resuL :meg in a $12,906 projected savings from the original budgeted amount of $60,000. Staff Recommendation: 1. Management, staff and committee members recommend passage of a resolution authorizing execution of the agreement with A. J. Consultants, Inc. for the Employee Assistance Program Services effective immediately upon adoption. The total annual costs for these services are set at $12,906. B-PERSNLL EAP 5 CITY OF YAKIMA EXHIBIT 1 CITY HALL, YAKIMA, W4SHINGTON 98901 Phone: (509) 575-6000 SCAN 278-6000 MEMORANDUM DECEMBER 21, 1989 TO: AH City Employees FROM: Archie M. Sutton, Personnel Officer SUBJECT: City of Yakima Substance Abuse Policy Effective Monday, January 1, 1990, the City will implement a Substance Abuse Policy, adopted by the City Council on 12/19/89, affecting all City employees. You wil! "nd attached a persona! :,opy for your review. After you have complete aur review of the Policy, please file the Policy in your Employee Handbook iur future reference. If you have any questions or concerns regarding the Policy, please feel free to contact your Supervisor, Division Manager, Department Head, or the Personnel Officer. T•DALY-2-A.18 1 1 /4/90 t RESOLUTION NO. D-5663 A RESOLUTION adopting the City of Yakima Policy on Substance Abuse in the Workplace. WHEREAS, on November 18, 1988, the Drug -Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D) was enacted and made applicable as of March 18, 1989, to the City of Yakima as a federal contractor; and WHEREAS, a committee containing representatives of all City labor units and management cooperated in the drafting of said policy; and WHEREAS, the City of Yakima desires to comply with federal requirements and provide a safe workplace for its employees; and WHEREAS, certain City of Yakima employees in the their employment are responsible for the safety of and adults as members of the public, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE YAKIMA: The City of Yakima Policy on Substance Abuse workplace, which is attached and incorporated hereby adopted. G�� ADOPTED BY THE CITY COUNCIL this I1 day of 1989. ATTEST: Is! KAREN S. ROBERTS, CMC City Clerk scope of children CITY OF in the herein, is S/ PATRICIA A. BERNDT Mayor CITY OF YAKIMA SUBSTANCE ABUSE POLICY A. PURPOSE The City of Yakima recognizes that employees are its most important resource. In order to ensure the health, welfare, and safety of its employees, and the citizens whom they serve, the following policy regarding substance abuse in the work place is adopted. B. OBJECTIVES 1. It is the policy of the City of Yakima to provide a drug free work place for its employees. 2. The City's philosophy on substance abuse is to emphasize training and rehabilitation. Counseling and support will be made available through an Employee Assistance Program, and the employees' right to privacy will be respected at all times. 3. The following sections provide guidelines for employees and supervisors for the detection and deterrence of substance abuse in the work place. Detection of substance abuse is provided through pre- employment screening, supervisor and co-worker education, and, where reasonable cause exists, verified testing of current employees. The standards by which such tests will be conducted are set out. Acts which constitute a violation of this policy are defined, and the consequences for violation are established. C. APPLICABILITY This policy applies to all permanent and temporary employees of the City of Yakima. It is a condition of employment that the employee abide by the terms of this policy. D. DEFINITIONS 1. For the purpose of this directive, the following terms- have the meanings indicated: 1 a. Substance abus{ means the use of a substance, including medically authorized drugs, whist impairs job performance or poses a hazard to ti:: safety and welfare of the employee, the public, or other employees. b. Reasonable cause means all of the facts and circumstances available at the time of an incident which would lead any reasonable person to the same conclusion. c. Medically autb,rized drugs or substances means a drug or substance prescribe i by a licensed practitioner/physician or dentist for use in the course of medical treatment. d. Controlled bsranee means a substance whose dissemination or use is controlled by regulation or statute, including, but not limited to alcohol, narcotics, depressants, stimulants, hallucinogens and cannabis. e. victiort means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of Federal, Sate, or City drug laws. f. Stir : ;1 drug statute means a criminal law involving the manuf . -.are, distribution, dispensing, use or possession of any controlled substance. g. Written medical authorization means a prescription or other written approval from a licensed practitioner/physician or dentist for the use of a drug in the course of medical treatment. The authorization must include the name of the substance, the period of authorization, and whether the prescribed medication may impair job performance. h. Unreasonable delay means a delay of the testing procedure for a period of time which would render the terra useless or ins.: curate. i.Csumaing,means participation in a substance abuse counseling program provided through the City of Yakima Employee Assistance Program (E.A.P.) E. EDUCATION 1. The City of Yakirna recognizes the need to provide education and training in the areas of substance abuse and the major factors which contribute to it. 2. The City recognizes that substance abuse can be successfully treated, enabling an employee to return to satisfactory job performance. Employees who are concerned about their own substance abuse are encouraged to voluntarily seek assistance through the City Employee Assistance Program. All such voluntary requests for assistance will remain confidential. 3. An employee who has not received substance abuse awareness training shall not be subject to disciplinary action under this policy. F. EMPLOYEE RIGHTS AND RESPONSIBILITIES 1. The City shall not require an employee to undergo a drug screening test unless there is reasonable cause to believe the employee is under the influence of a substance which impairs job performance or which causes the employee to pose a hazard to the safety of the employee, the public, or other employees. Nothing in this policy is intended to require random testing of employees. 2. Any voluntary request by an employee for assistance with his/her own substance abuse problem will remain confidential and shall not be used as the basis for any disciplinary action, provided that the request for assistance is initiated prior to a substance abuse rellated on-the-job incident. 3. Each employee using medically authorized drugs or substances which can impair job performance shall report this fact to his/her supervisor prior to beginning duty, and shall provide proper written medical authorization to work. It is the employee's responsibility to determine from the physician whether or not the prescribed drug would impair his/her job performance. 4. In accordance with the Drug Free Work Place Act of 1988, an employee who is convicted of any criminal drug statute for a violation occurring in the work place shall notify the City Personnel Office no later than five days after such conviction. 3 5. Each employee who observes or has knowledge of another employee in a condition which impairs his/her ability to perform job duties or poses a hazard to the safety and welfare of others shall promptly report the incident to his/her immediate supervisor. 6. An employee who is the subject of a substance abuse investigation, or who requests or is required to submit to a Substance Abuse Examination in accordance with this policy, shall be entitled to have a Union Representative or other observer of his/her own choosing present during the investigating, provided that such request for an observer does not cause an unreasonable delay. G. DETECTION 1. Pre-employment Examination. Prospective employees of the City of Yakima in the positions listed in Attachment A, shall undergo a drug screening test prior to employment. A confirmed positive test for controlled substances, or refusal to take the examination, will result in disqualification for employment for a period of six months. 2. Examination for reasonable cause. An employee may be required to unde o a Substance Abuse Examin'tion when reasonable cause exists to believt, the employee is under the influence of a controlled substance and the steps outlined in the attached "Supervisors Checklist for Substance Abuse" are followed. The decision to conduct a Substance Abuse Examination shall be made only by the supervisor's department head or the department head's management level designee. 3. Searches of City owned property. The City reserves the right to search, without employee consent, all City owned property, and any property or area jointly or fully controlled by the City when reasonable cause exists to believe the search will reveal evidence of violation of this policy. H. REHABILITATION 1. The City recognizes the value of trained, experienced employees, and, to the extent it deems treatment and rehabilitation are effective, it will pursue those avenues prior to resorting to disciplinary measures. 2. Any counseling required or agreed to under this policy shall be at City expense. Further, appointments with the E.A.P. may be scheduled 4 on City time with prior approval of the employee's supervisor, for up to three (3) visits per year. The E.A.P. counselor may contact the department head for authorization for additional time off. Sick leave or other accrued time shall be used for time spent beyond the above limit for the purpose of extended counseling or treatment. If the employee requests that the purpose of the leave not be disclosed to his/her immediate supervisor, the department head shall maintain confidentiality regarding the reason for the leave. 3. The cost of treatment and rehabilitation beyond counselling by the E.A.P. shall be born by the City to the extent covered by existing labor contracts and health benefit plans. L TESTING PROTOCOL 1. All Substance Abuse Examinations required under this policy shall be administered at a facility designated by the City. 2. The employee shall provide samples of blood and urine to test for the presence of alcohol and/or drugs, and shall sign an authorization to release the results of those tests to the City Personnel Office. 3. Whenever a test of samples of blood and urine is required by this directive, it shall be administered in accordance with the following procedure. a. The blood is drawn by a medical technologist. The urine sample is produced by the employee alone in a restroom. The medical technologist examines the restroom before and after to ensure that no other samples were present and that no substances were available for tarapering. Each sample shall be subjected to a laboratory testing protocol to detect: tampering. b. The medical technologist takes the samples, seals them, labels them with the employee's identification, and signs a document which begins a formal chain -of -possession procedure. Each person who handles the samples, including the person who performs the tests, must sign this document. When not being handled, the samples are stored in a locked refrigerator. The purpose of this procedure is to insure that samples do not get switched during testing. c. The laboratory test is conducted in two steps. The first is a general screen test for the major drugs of abuse and alcohol using 5 the EMIT or comparable test. If any positive result is obtained, a second test is performed using a gas chromatograph/mass spectrometer (GC/MS) which provides molecular identification of the substances found in the sample. If alcohol is detected in the urine, the blood sample will be used for confirmation and to determine an accurate Blood Alcohol Level. 4. Examination results will be delivered only to the City Personnel Officer who shall notify the employee's department head. The results may be made known to other management level City personnel who are required to know for the purpose of determining appropriate discipline or counseling, but otherwise shall be kept confidentiaL Provided the Personnel Division has the employee's current address and telephone number, the employee will be notified immediately when the results are received. 5. Whenever an examination is required under this policy, the supervisor accompanying the employee shall advise the employee that he/she has the right to request that additional samples of urine and/or blood be collected at his/her own expense. The employee may make separate arrangements with the City's testing facility or another laboratory chosen and paid by the employee, for storing or testing these additional samples, but the employee will not have the right to handle samples after the original donation. J. PROHIBITED ACTS 1. Reporting for work while under the influence of alcohol or drugs, or any substance which impairs an employee's mental or physical capacity is prohibited. 2. The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the work place, is prohibited. 3. Refusal to submit to or willful interference with any Substance Abuse Examination required in accordance with this policy is p$ hibited. 4. Failure to notify the department head within five days of conviction of a criminal drug statute violated in the work place is prohibited. 5. Failure to attend and cooperate in counseling when required in accordance with this policy is prohibited. 6 K. TREATMENT/DISCIPLINE 1. In all cases of suspected substance abuse in the work place, the supervisor's Substance Abuse Incident Report shall be forwarded to the employee's department head for further action. An employee suspected of substance abuse shall be relieved of duty, with pay, following any required examination, and shall be required to notify the office of his/her department head of his/her whereabouts at all times for the duration of the investigation. The Personnel Officer and the department head will determine the course of treatment or discipline as provided below. 2. Disciplinary action resulting from enforcement of this policy shall be in accordance with applicable bargaining agreements, City Administrative Code, and Civil Service rules. All established grievance procedures shall apply. 3. The emphasis of this policy is training and rehabilitation. Disciplinary action for job misconduct in violation of this policy will be imposed up to and including termination when an employee does not make use of an approved treatment opportunity and the City finds discipline to be an appropriate response to the misconduct. An employee who has had treatment through the E.A.P. and who subsequently commits misconduct in violation of this policy may or may not be offered another opportunity for treatment in place of discipline, depending on the seriousness of the job misconduct and the lapse of time since last in treatment through the E.A.P. 4. As required by the Federal Drug -Free Work Place Act of 1988, (Pub. L. 100-690, Title V, Subtitle D), within 30 days of the City's receiving notice that an employee has been convicted) of violating a criminal drug statute in the work place, the City will either take appropriate personnel action up to and including termination or require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved by a federal, state, or local health, law enforcement, or other appropriate agency. L. SAVINGS CLAUSE It is understood that all provisions of this policy are subject to applicable Federal, State, and Local laws, and if any provision of any section of this agreement is held or found to be in conflict therewith, said provision shall be void. However, such invalidity shall not affect the remaining sections of this policy. 7 ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: BUSINESS OP THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of 12/198 Consideration of a Resolution Adopting a City Policy Regarding Substance Abuse in the Workplace Labor/Management Committee on Substance Abuse Pleas J. Green, Chief of Police, Chairman The Drug -Free Workplace Act of 1988 requires employers to publish policies prohibiting the use of drugs in the workplace and establishing sanctions for violations. This federal iaw also mandates public employers who are direct recipients of federal funds to maintain drug-free workplaces. The attached Policy on Substance Abuse in the Workplace is the product of a cooperative effort on the part of a committee comprised of city management and employees representing the four major collective bargaining groups (AFSCME, YPPA, Fire, and Fire PERS). It contains the elements required and suggested by the Drug-free Workplace Act including: defining prohibited acts, providing information and training, requiring counselling and rehabilitation, and estab- lishing penalties ft:r violation. The policy provides for early detection through pre-employment testing for certain job classifications involving -afety risks to the public. ..ii integral part of the proposed policy is esta. shment of an Employee Assistance Program to provide counselling and rehabiia:ation for employees with substance abuse problems. **************************************!*************************************! * EXHIBITS * * * * Resolution Ordinance Contract Minutes Plan/Map * * * * Notification List other (specify) * * * * * APPROVED FOR SUBMITTAL: LA * * TY MANAGER * STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMISSION RECOMMENDATION: LOUNCIL ACTION: Committee Recommendations: 1. Adoption of the Substance Abuse Policy effective January 1, 1990. The policy provides that no employee shall be disciplined for violation. unless they have received substance abuse awareness training. It is recommended that the Personnel Department begin coordinating this training immediately, beginning with managers and supervisors, with a target completion date of May 1, 1990 for training of all current City employees. 2. Immediate implementation of pre-employment drug screening, for applicants to job classification■ listed in attachment 'A' of the policy. The policy requires pre-employment drug screening of certain City employees. This essential element will provide early detection of sub- stance abusers, prior to hiring, which will reduce potential impact on employee health benefit accounts, offsetting the costs of the examination. 3. Establish an Employee Assistance Program by Nay 1, 1990. The primary thrust of the proposed policy is toward prevention of sub- stance abuse through education, and, whenever possible, salvaging and rehabilitating affected City employees. Intrinsic to the policy is an Employee Assistance Program (E.A.P.) to provide counselling and referral services to employees who are determined to have substance abuse problems, or who request assistance. With City Council approval, the City Wellness Committee, chaired by Assistant City Manager Fred Stouder, has agreed to develop an RFP for a comprehensive E.A.P. for City employees. Costs of t E.A.P. will be determined and funding sources identified. Costs associated with these recommended policy areas are expected to be offset by savings realized through reduced accidents and industrial insurance claims, increased productivity, reduced use of sick leave, and positive impact on health benefit accounts. The employee representatives and the various bargaining groups who par- ticipated in the preparation of this policy deserve commendation for their efforts. A spirit of cooperation and a genuine concern for the problems as- sociated with substance abuse in our community were apparent from the beginning. The proposed policy reflects these concerns. Committee Members: Wendy Leinan, AFSCME Robert Degrosellier, AFSCME Dave Willson, IAFF and Fire PERS Glenn Thompson, AFSCME Jerry Sweesy, AFSCME Roy Willson, YPPA Paul Sears, AFSCME Sharon Carberry, Legal Archie Sutton, Personnel Doug Bronson, Police CLASSIFICATION Class No. 8181 Equipment Maintenance Supervisor 8191 Transit Operations Supervisor 8203 Fleet Maintenance Attendant 8204 Vehicle Maintenance Attendant 8211 Mechanic I 8212 Mechanic II 8230 Maintenance Mechanic 6121 Police Officer 6124 Police Sergeant 6126 Police Lieutenant 6127 Police Captain 6190 Police Chief 6321 Firefighter 6323 Fire Lieutenant 6325 Fire Captain (Shift) 6326 Fire Captain (Day) 6327 Battalion Chief (Shift) 6328 Battalion Chief (Day) 6338 Fire Investigation and 6339 Fire Investigator 7380 Deputy Fire Chief 6390 Fire Chief 8410 Transit Operatt.- 8411 Transit Dispatc er 8612 Transit Service Worker Education Officer ATTACHMENT "A" CITY OF YAKIMA SUBSTANCE ABUSE POLICY SUPERVISOR'S CHEMIST AND CiUIDEUNE$ The following checklist and guidelines are provided for use in cases of suspected substance abuse in the workplace. Whenever possible and appropriate, all items on this checklist should be completed. SECTION L PRE -EXAM COMPLETED ACTION 1.. Obtain a witness, preferably another supervisor or management level person, to observe behavior (if possible). locate a ,shop steward or, if requested, a Union representative. If the delay imposed by obtaining any of these witnesses might result in loss or destruction of evidence, continue with the ch=klist, but omit any (questioning of a Union m=ember if that employ= has requestal a representative. 2. Evacuate the circumstances and begin documentation on the "Substance Abuse Report Form". If you have received a•ort about the employee's behavior, ask the reporting person tD send a written report of that person's observations as soon as possible. You have a responsibility to investigate even anorrymous repeats if they have any credibility. Of course, a report from a person who identifiers him/herself and is willing to provide documentation of the reported observations is more credible. 3., If substances, containers, or paraphernalia are found; ■ Secure the area or vehicle so that the evidence will not be disturbed. • Immediately contact the Police Department if an apparent controlled substance or suspicious substance is found. • Confiscate alcohoL Retain in a seam= location. (The Police Department will not confiscate an alcoholic beverage„), • Record information from prescription medication container(s). 1 SECTION II. DISCUSSION WITH EMPLOYEE COMPLE'T'ED ACTION 1. Make arrangements for transportation to the testing facility in a City of Yakima vehicle. Do this before meeting with the employee to save time if an exam is later found necessary. The employee is not allowed 1 . • 111 •) 1)• 1 1 1 in exam is not called for. or thtemmplovee is teinsmtedio duty, 2. Locate and secure a private setting for the interview. Proceed with the interview outlined in Step 3 below, making sure an Union representative is present if requested by a Union member (otherwise, omit the interview). 3. Document your observations, comments, questions, and the employee's responses made through: • DIRECT OBSERVATION. Describe to the employee the behavior which has caused concern. Explain why you believe a violation of the Substance Abuse Policy has occurred. Document his/her response. ■ DICIDENT/ACCIDENT DETAILS. Ask the employee to describe the incident/accident to you. Pay attention to whether the account is thorough or has gaps; IS consistent or contradictory; is believable. Ask the employee to clarify any gaps or inconsistencies in his/her account. If the employee's explanation is not satisfactory, tel him you believe a violation of the Substance Abuse Policy has occurred. Document your questions and his answers and its ■ THIRD PARTY REPORT, Inform the employee of the report you have received (do not provide details that would disclose the identity of the third party). Ask the employee about circumstances that may be related to this report, such as misunderstandings or arguments with the reporting person. Document the employee's responses 4. Ask the employee if: • A medical condition exists which would account for his/her behavior. If so, proceed with the substance abuse exam in order to rule out a cause other than the claimed medical condition. • He/she is or has-been using a medically prescribed or over- the-counter medication. 2 • He/she has used any controlled substance or alcohol; If so, proceed with the substance abuse exam. DOCUMENT THE EMPLOYEE'S RESPONSES. COMPLETED ACTION S. DECISION POINT. No exact formula exists for making the decision whether to test. You may have documented several items which, taken separately, would not compel you to test, but taken together add up to reasonable cause. On the other hand, you may have only one piece of evidence, but it alone is sufficient to request the exam. For example, you may smell a strong odor of intoxicating liquor on the employee's breath or have a third -party report from a very credible witness who is willing to testify. At this time, review: • Your observations. ■ Third -party reports (if any). • Your discussion with the employee. • The employee's work performance (if known). A pattern of work performance problems by itself is not a sufficient basis for ordering the exam. However, patterns of work performance problems should be considered in your decision.if you have any other reasons to be suspicious that this policy has been violated, based on the results of your observations and investigation. The types of problems that may be associated with substance abuse include: Absenteeism Late reports. Poor relations with customers and/or co-workers. Excessive use of sick leave, especially before and after weekends and paydays. Industrial accidents. Traffic accidents. IF YOU DECIDE THE EXAM IS NOT NECESSARY, explain to the employee your reasons for investigating the situation, express your appreciation for the employee's cooperation, and direct him/her to return to duty. 3 IF DU BELIEVE AN EXAM IS NEEDED, contact your department head or his/her management level designee to inform them of the circumstances and your observations. Your denartmenLhead or his/her • .1.. "41 •.y1 1 1 d •, i.• • •Jl•_ ::�• J i 1. 111 1 . 1 •.1 IF AN EXAM IS DIRECTED: COMPLETED ACTION 6. Inform the employee that he/she is relieved of duty with pay during the course of the exam and pending exam results and that he/she will be informed of the exam results as soon as they are known, provided the City Personnel Office has a current telephone number and residential address for the employee. 7. Complete a Consent Form. Be sure to read the form to the employee and direct the employee to sign it. This step must be done before taking the employee to the testing facility. Do not change the form in any way. Ea 8. IF EMPLOYEE REFUSES TO SIGN THE CONSENT FORM: • Explain that signing the consent foss is a dine„ -4 order. Ask if the employee understands the order. Explain that failure to comply constitutes a violation of Qty Pohcy and could result in disciplinary action. • Issue a second direct order to sign the Consent Form. If the ermmloyee still refuses, relieve him/her from duty with pay, explain that disciplinary action may follow, and transport the employee home. DOCUMENT TETE EMPLOYEE'S RESPONSES. Notify your department head. SECTION III. SUBSTANCE ABUSE EXAMINATION COMPLETED ACTION 1. Call the testing facility designated by Qty directive and: • Inform the hospital staff that you arc bringing in a City of Yakima employee for a Substar ° Abuse Examination and that City of Yakima_procedures mus:be followed. • Inform the hospital staff if the employee has an injury which requires treatment. 4 COMPLETED ACTION E3 2. Transport the employee to the testing facility in a City vehicle. DO NOT ALLOW THE EMPLOYEE TO DRIVE. Do not go alone if you feel threatened -- get another employee to go with you. If that is not sufficient, document the behavior that is ming, tell the employee of the perceived threat and inability to transport him, and that inability to transport him due to threatening behavior may result in disciplinary action. Tell the employee that he is released from duty until further notice and to call someone to pick him up. Terminate the investigation. E3 3. Provide the Consent Form to the hospital staff. Get and hand to the employee a hospital admittance form. Tell the employee that failure to complete the form is refusal to take the exam, which may result in disciplinary action. Do not allow the employee to alp the form in any way. OBTAIN COPIES OF COMPLETED CONSENT FORM AND ANY HOSPITAL FORMS FROM THE ADMITTING CLERK. 4. Advise the emplloyee that he/she has the option of having additional samples drawn for testing at a laboratory of his/her own choosing. Tell the employee that these additional procedures an; at his/her own expense. Specimens taken at the request of the employee cannot be given directly to the employee by the lab technician. The employee will be escorted to the examination room where he/she will produce urine and/or blood samples in accordance with established protocol. Neither you nor any Union representative or other employee representative will accompany the employee into the examination room. CI 5. When the exam is completed, reconfirm with the employee that he/she is relieved of duty with pay until the exam results are known and instruct the employee to notify his/her department head of his/her whereabouts. 6. Transport the employee to his/her home in a City vehicle. DO NOT ALLOW THE EMPLOYEE TO DRIVE OR DRIVE THE EMPLOYEE BACK TO A CITY WORK SITE You must not allow the employee to drive any vehicle. EXHIBIT 2 CITY OF YAKIMA EMPLOYEE ASSISTANCE PROGRAM - REQUEST FOR PROPOSALS The City of Yakima is presently accepting proposals for the purpose of selecting a provider of an Employee Assistance Program (EAP) for City Employees. Successful response to this RFP will be the basis for a contract between the bidder and the City of Yakima to provide EAP services to employees of the City of Yakima and their families. This is an open bid process. Responses to this RFP must follow the format provided. Responses must be concise, clear, and accurately describe the proposer's capabilities to provide the service and administer the program. The final selection of an EAP provider will be based on: a. The nature, quality, and scope of EAP services to be provided b. The experience of the bidder in providing such services c. The bidder's willingness and approach to providing an EAP program appropriate to the needs of the City d. Bidder references e. The proposed cost of the bidder's EAP services Written responses to this RFP must be received by the City of Yakima no later than. 5:00 ;p.m. , on Spptppr 1A. , 1990. Responses are to be directed to: City of Yakima 129 North 2nd Street Yakima, Washington 98901 ATTN: Director of Personnel Any questions relating to this RFP may be directed to: Archie Sutton City of Yakima Personnel Director City Sall Yakima. Washington 98901 (509) 75-6090 Page 1 CITY OF YAKIMA EMPLOYEE ASSISTANCE PROGRAM - RE UEST FOR PROPOSALS CONTENTS I. GENERAL INSTRUCTIONS TO BIDDERS II. BACKGROUND INFORMATION III. TECHNICAL PROPOSAL IV. MANAGEMENT PROPOSAL V. COST AND ACCOUNTING PROPOSAL ATTACHMENT 1. LETTER OF CERTIFICATION Page 2 I. GENERAL INSTRUCTIONS TO BIDDERS A. The proposer is specifically notified that failure to comply with any part of the Request for Proposals will result in rejection of the proposal as non-responsive. B. Proposals three (3) Section 1 shall be prepared in a single volume consisting of sections as follows: Technical Proposal. Define all work required to accomplish the tasks for service to be provided, and outline your approach to accomplishment of these tasks within the space provided in Part III of this RFP. Number all attachments as indicated in the instruction— Section Section 2 - Management Proposal. The management proposal must contain all of the information required in Part IV of this RFP in the format set forth in Part IV. Section 3 Cost and Accounting Proposal. The proposer shall submit the information required in the space provided in Part V of this RFP. C. Submission of Proposals Three (3) copies of each of the above described sections, including attachments, whether mailed or hand delivered, must arrive at the office of the City of Yakima Personnel Director (address below) no later than 5.00 P.M. on SPptaar 1B 1990. The proposals in response to this RFP shall be addressed in the following manner: City of Yakima 129 North 2nd Street Yakima, Washington 98901 ATTN: Director of Personnel D. This RFP may be amended at any time prior to the submission proposals. E. The period of performance of any contract resulting from this RFP is scheduled to begin 1 , 1990, and will be in force through noN-pmbPr 1 js21,1 assuming satisfactory performance by the bidder. The City of Yakima reserves the right to renew the contract on an annual basis for up to 2 (tun) consecutive years. Page 3 F. The final selection of an EAP provider will be based on: a. The nature, quality, and scope of EAP services to be provided b. The experience of the bidder in providing such services c. The bidder's willingness and approach to providing an EAP program appropriate to the needs of the City d. Bidder references e. The proposed cost of the bidder's EAP services G. The City of Yakima reserves the right to make an award without further discussion of the proposal submitted. Therefore, the proposal should be submitted initially on the moat favorable terms the bidder can propose. The proposer shall specifically stipulate that the proposal is predicated upon the acceptance of all the terms and conditions contained in the Request for Proposals. It is understood that the proposal will become a part of the official file on this matter. H. Proposals shall be based on the material contained in the RFP. The proposer is instructed to disregard any previous material it may have received or any oral representations. I. The City :reserves the right to visit the office of the proposer in order to inspect the facilities, review established operating and accounting procedures, and meet key personnel. J. The successful bidder must designate, in advance, the account executive(s) who will be assigned to the City's account, and agree that any changes in personnel assigned to the City's account will be made only with written approval of the City. Such approval shall not be unreasonably withheld by the City. K. The City expressly reserves the right to reject any and all proposals received as a result of this RFP. L. The City of Yakima requires that respondents to this RFP meet the following minimum qualifications: a. Bidders shall have a full-time staff person who is a qualified principal, account executive, or counselor and who has a minimum of two (2) years work experience directly related to the administration of EAP services. b. Bidders shall comply with the Washington State Law regarding non-discrimination in employment (RCW 49.60) M. Final approval of an EAP provider will be made by the City Council. Selection is expected to be made by j-oher 30 , 1990. Page 4 II. BACKGROUND INFORMATION The City of Yakima is an incorporated municipality within the State of Washington with a Council -Manager form of government. The mission of the City of Yakima is to provide superior services and public facilities for the people, businesses and institutions within the city boundaries and to enhance the quality of life and economic envirc-ment in the community. Appro..rately 550 permanent city employees serve a population of 52,000 within the city limits. Nine departments provide a full range of governmental services, including Police, Fire, Parks, and Utilities from numerous facilities throughout the City. Positions include administrators, professionals, technicians, and clerical workers. The City of Yakima is an Equal Opportunity Employer and does not discriminate against individuals because of their race, color, marital status, religion, age, sex, national origin or handicap. Page 5 III. TECHNICAL PROPOSAL Provide the following information in the space Erovided below. A. Check the following services which you propose to provide under this RFP: ( ) Assessment and Referral Services ( ) 24 hour Crisis Intervention ( ) Short-term Counseling (1-4 sessions) ( ) Follow-up Services ( ) Multiple referral options ( ) Statistical usage reporting ( ) Employee, Family, and Supervisor Orientation Training ( ) Critical Incident Stress Debriefing/Counselling ( ) Assistance/Coordination of benefits for referred services The contractor will be expected to define and describe the methodology used in the delivery of these services. The proposer is urged to be as detailed as possible in the space allowed. B. Describe the types of employee/family problems your services can deal with. Employee - (1) (2) (3) (4) (5) (6) (7) (8) Family - (1) (2) (3) (4) (5) (6) (7) (8) Page 6 C. Describe how appointments for services are made. D. Describe your procedures for accepting a: Self -referral - Supervisor referral - E. Describe how your agency will provide program orientation training to City of Yakima Supervisors, employees, and their families: Supervis rs: Number of sessions - Length of sessions - Materials to be used - Materials to be provided - Current Employees: Number of sessions - Length of sessions - Materials to be used - Materials to be provided - Page 7 New Employees: Frequency of sessions - Number of sessions - Length of sessions - Materials to be used - Materials to be provided - Family Members: Frequency of sessions Number of sessions -• Length of sessions - Materials to be used - Materials to be provided -• F. Will the proposer provide any additional training riot described previously? If "yes", will there be an additional fee for this training beyond the fees described in this RFP? G. Describe emergency services. Under what circumstances/conditions would you provide services to a City employee outside of normal working hours? Page 8 E. Is the proposer qualified and able to provide counseling for Post Traumatic Stress Diso.der (PTSD) for law enforcement officers, emergency response pers:;--el, and other employees experiencing traumatic life experiences? Please describe experience in dealing with this problem. I. Will separate phone lines be established for City of Yakima EAP services, or will calls be handled over agency's regular business lines? J. Will an answering service be used for any portion of the provided service, and if so, how will confidentiality of information be ensured? K. Once referral or request for service has been made, how soon will tr.e employee be seen by the proposer? L. Additional comments or information you would care to provide. Page 9 IV. MANAGEMENT PROPOSAL Provide the following information in the format set forth below. A. Proposer Identifying Information 1. Name, address and telephone number of legal entity with whom contract would be written. 2. Names of principal officers (President, Vice President, Treasurer, Chairperson of the Board of Directors). 3. Name of EAP Service Supervisor. 4. Legal entity status of the proposer. 5. Employer ID and Washington business license number. 6. Attach one copy of each of the following and label each attachment as indicated: a. Letter of Certification (Attachment 1) b. Licensures held by the proposer (Attachment 2) c. Certificate of Bond and/or insurance (Attachment 3) d. Non-discrimination policy (Attachment 4) e. Most recent audit report (Attachment 5) f. Resume including experience and educational qualifications (vitae) for each staff person who would be involved in providing training, counselling, or other EAP services. (Attachment 6) B. Facilities Information 1. List address(s) of all facilities to be used in providing the proposed service and indicate whether or not they are accessible to handicapped or disabled persons. C. Experience 1. Describe your experience in providing EAP services for organizations comparable to the City of Yakima. Include any special programs you may have used to serve other, similar accounts. 2. Attach a list of the following information regarding other EAP accounts the proposer is serving or has served in the past in the following format (Label as Attachment 7): Name of Date Contact Phone Account Initiated Person Number 3. Indicate the experience the proposer has which demonstrates an ability to administer the services proposed under this RFP. Page 10 D. Subcontracting 1. In the event the proposer intends to subcontract any of the services proposed in the Technical Proposal, describe in detail which parts of the service will be subcontracted, how the quality of performance will be ensured, and to whom you will subcontract. E. Privac and Release of Information 1. Describe your policy regarding confidentiality of client information and what measures your agency takes to insure the security of client=:.:-aformation. 2. Describe your reporting procedures. including the frequency of reports and how you will ac ass confidentiality while still providing useful data. 3. What information would be relear to the City of Yakima if, through your services, you became aware that an employee was involved in: child abuse, other criminal activity, situations involving discrimination or harassment of other City employees, or behavior patterns potentially harmful to the client or others. Describe what type of information would be shared and how. F. Referrals 1. Is the proposer, or proposer's parent entity, in the business of providing medium or long term counseling or treatment for any of the problems listed in section B of the Technical Proposal? If so, which problems. 2. If it becomes necessary to refer an employee to services beyond EAP counseling which are also provided by your agency, will alternate referral options be made available to the employee? 3. Attach a list of service providers which your age -.^y refers EAP participants to for various services in the following format. (Label as Attachment 8) Service Agency Problem Provided 4. Will the proposer assist EAP participants with coordinating insurance benefits for services not covered by the EAP contract, and provide information cc-,cerning any other financial assistance which may be availacle? Page 11 V. COST AND ACCOUNTING PROPOSAL Provide the following cost and accounting information in the mast, provided: A. Fees for services provided under this RFP will be on the following basis: Check: ( ) Fee for service ( ) Pre -paid ( ) Either fee for service or pre -paid B. Summarize the fees your agency will charge for providing EAP services described in the Technical Proposal. Include a break- out of fees for employee only services or employee and family member services. C. Are there any additional fees, including but not limited to administrative fees or fees for optional service? If so, describe. D. would there be an additional charge, either to the City or the employee, for EAP counselling or interview appointments made and not kept? E. Accounting Structure of Proposer 1. The accounting system of the proposer is: Check: a. b. c. cash basis modified accrual basis accrual basis 2. The accounting system of the proposer is: Check: a. double -entry accounting system b. single-entry accounting system 3. Does the proposer maintain a formal accounting system as reflected by: a. general ledger b. general journal c. cash receipt journal d. cash disbursement journal e. other (specify) 4. Are there accounting policies and procedures which include a complete description of the financial management functions? 5. Are accounting policies and procedures current? Page 12 Yes No 01111.41.1101. 6. Are EAP revenues accounted for by separate fund accounts identified within the accounting system? 7. Does the accounting system provide for the prompt recording and reporting of all financial transactions? 8. Does the system require that all accounting transactions and entries be supported by adequate documentation? 9. Are bank accounts reconciled monthly and copies of the bank reconciliation kept on file? 10. Is trial balance prepared monthly to ensure that accounting records are posted correctly and the book (general ledger) is balanced? 11. Are duties and responsibilities separated so that no one employee has sole control over cash receipts, disbursements, and reconciliation of bank accounts? 12. When one position is paid out of different funr_ng sources, how is the time allocated per Dob determined? a. Time study (describe technique) b. Time sheet c. Other (specify) 13. Is there a regular review of the agency's financial records by a CPA? a. Frequency of review by CPA b. Name of CPA Yes No 14. Briefly describe the system to be used in documenting the service to be provided under this RFP. Page 13 Attachment 1 LETTER OF CERTIFICATION The Proposer hereby certifies that the information contained in the Technical, Management, and Cost and Accounting sections of this Proposal is true and correct to the best of his/her knowledge. Agency Name Address Phone No. Agency Director Proposal Prepared by Signature Signature Page 14 Date Date CITY OF YAKIMA RFP EVALUATION c Exhibit d Name of Companies Responding out of 15 The firm's demonstrated ability to develop and administer a compensation EAP Program The qualification ., ex - perience, EAP philosophy & compatibility of the personnel to be assigned to the City's EAP Account The firm's ability to provide selected support services. Total projected cost to the City Rank A. J. Consultants, Inc. 5 Client List 5 5 $12,902.50 annually 1 2. Occupational Health Service Corp. 5 Client List 3. Central Wash. Comp. Mental Health 5 Client List 4 4 4 4 $ 7,920 annuall $ 8,070 annually 2 3 4. Employee Support System Co. 5 Client List 3 3 $1 4,950 annually 4 5. Maschoff Barr & Assoc. Inc. 5 Client List 6. Yakima Valley Council on 3 Client List Alcoholism 5 3 4 2 $10 098 N/A 5 6 RATE FACTOR:"0" to "5" 5 -BEING THE MOST RESPONSIVE 0 -BEING THE NON-RESPONSIVE E ZISIHXH