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HomeMy WebLinkAbout06/03/2008 13 EAPS Contract Reassignment to Central Washington Comprehensive Mental Health BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON 411) AGENDA STATEMENT Item No. 13 For Meeting Of 6/03/08 ITEM TITLE: Legislation Authorizing the Assignment of City of Yakima Contract No. 2006 -70 for Employee Assistance Program (EAP) services from AJ Consultants to Central Washington Comprehensive Mental Health SUBMITTED BY: Sheryl M. Smith, Human Resources Manager CONTACT PERSON/TELEPHONE: Sheryl M. Smith, 575 -6090 SUMMARY EXPLANATION: The attached resolution authorizes the assignment of the contract for Employee Assistance Program services from AJ Consultants to Central Washington Comprehensive Mental Health due to the retirement of Ms. Janice Burke, owner of the company. Central Washington Comprehensive Mental Health is willing to provide a seamless transition of EAP services to City employees and their families under the same terms and conditions as Contract No. 2006 -70 effective July 1, 2008. ID In addition to the Employee Assistance Program services for the City of Yakima employees and their family members, this contract also provides for substance abuse professional (SAP) services related to the City's required random drug testing program. This contract was effective January 1, 2006 and the contract may be terminated with 60 days written notice by either party to the agreement. The current contract rate is $23.50 per employee for 747 employees for a monthly fee of $1,462.88 or $17,554.50 annually. The total number of employees maybe reviewed and adjusted on January 1 of each calendar year with the monthly rate adjusting accordingly. Resolution X Ordinance_Contract X Other (Specify)Agreement to Assign Contract No. 2006 -70 Funding Source Employee Assistance Program 516 APPROVED FOR SUBMITTAL 4,, • City Manager STAFF RECOMMENDATION: Adopt resolution authorizing the assignment of the contract to Central Washington Comprehensive Mental Health BOARD /COMMISSION RECOMMENDATION: ID COUNCIL ACTION: 0 RESOLUTION NO. R 2008 - A RESOLUTION consenting to and authorizing the assignment of City of Yakima Contract No. 2006 -70. for Employee Assistance Program (EAP) services from AJ Consultants to Central .Washington Comprehensive Mental Health effective July 1, 2008. WHEREAS, on August 28, 2006, the City of Yakima and AJ Consultants entered into City Contract No. 2006 -70, a copy of which is attached to this resolution, wherein AJ Consultants was to provide Employee Assistance Program (EAP) services to City of Yakima employees upon request; and WHEREAS, AJ Consultants will be dissolving effective July 1, 2008, due to the retirement of Ms. Janice Burke; and • WHEREAS, Central Washington Comprehensive Mental Health is willing to provide a seamless transition of EAP services to City employees under the same terms and conditions as Contract No. 2006 -70 effective July 1, 2008 and;' WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to consent to and authorize the assignment of City of Yakima Contract No. 2006 -70 from AJ ® Consultants to Central Washington Comprehensive Mental Health, now, therefore, BE,IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City of Yakima hereby consents to and authorizes the assignment of City of Yakima Contract No. 2006 -70 from AJ Consultants to Central Washington Comprehensive Mental Health effective July 1, 2008. The City Manager is hereby authorized and directed to execute the attached and incorporated "Agreement to Assign City of Yakima Contract No. 2006 -70 from AJ Consultants to Central Washington Comprehensive Mental Health ". ADOPTED BY THE CITY COUNCIL this 3 day of June, 2008. ATTEST: David Edler, Mayor Deborah Moore, City Clerk • AGREEMENT TO ASSIGN CITY OF YAKIMA CONTRACT NO. 2006 -70 FROM AJ • CONSULTANTS TO CENTRAL WASHINGTON COMPREHENSIVE MENTAL HEALTH THIS AGREEMENT ( "Agreement ") is entered into by and between the City of Yakima, Washington ( "City "), a Washington municipal corporation, AJ. Consultants, a Washington non - profit corporation, and Central Washington Comprehensive Mental Health ( "CWCMH "), a Washington non- profit corporation. WHEREAS, on August 28, 2006, the City of Yakima and AJ Consultants entered into City Contract No. 2006 -70 wherein AJ Consultants agreed to provide Employee Assistance Program (EAP) services for the City of Yakima; and WHEREAS, AJ Consultants is dissolving due to the retirement of Janice Burke; and WHEREAS, AJ Consultants desires to assign its interests in City of Yakima Contract No. 2006- 70 to CWCMH and CWCMH desires to continue providing the services required by the City in accordance with the terms and conditions of City Contract No. 2006 -70; NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, it is agreed by and between the City, AJ Consultants, and CWCMH as follows: AJ Consultants hereby assigns to CWCMH all its rights and interest in City of Yakima Contract No. 2006 -70 dated August 28, 2006, attached hereto and incorporated herein by this reference. CWCMH hereby assumes and covenants to perform all of the obligations of AJ Consultants under the contract and guarantees to hold AJ Consultants harmless from any claim or demand made thereunder. The City hereby consents to the assignment of the rights and obligations of AJ Consultants under City Contract No. 2006 -70 from AJ Consultants to CWCMH effective July 1, 2008. AJ CONSULTANTS CENTRAL WASHINGTON COMPREHENSIVE MENTAL HEALTH Janice M. Burke, President Print Name: Date: Title: Date: CITY OF YAKIMA ATTEST: R. A. Zais, Jr., City Manager City Manager City Clerk Date: • • 0 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT is made and entered into by and between the City of Yakima, a municipal corporation of the State of Washington, herein .referred to as the "City" and AJ Consultants, a nonprofit corporation of the State of Washington; herein . referred to as "Consultant ". WHEREAS, the City desires employee support services including employee counseling; and WHEREAS, the Consultant has the experience and expertise necessary to provide said services, has done so in the past for the City, and is willing to continue to provide employee support services in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Consultant as follows: 1. Services. The Consultant shall provide the City with employee support services described in Section I of Attachment A to this Agreement. The City shall provide the Consultant with the items listed in Section 11 of Attachment A. 2. Consideration. As consideration for the work, tasks, and services performed by 0 Consultant and except for the Optional Additional Services described in Attachment B to this Agreement, the City agrees to compensate the Consultant as follows: A. From January 1, 2006 through July 31, 2006, the City shall compensate the . Consultant at a monthly rate of Eleven Hundred Sixty -Two Dollars and Fifty Cents ($1162.50), which corresponds to the annual rate of the expired Agreement between the parties from January 1, 2002 to December 31, 2005 (i.e. $23.25 per employee for 600 employees.) • B. Effective August 1, 2006, the City shall compensate the Consultant on a monthly • basis reflective of an annual rate of Twenty -Three Dollars and Fifty Cents ($23.50) per covered employee. Consultant shall submit satisfactory documentation • (invoices /billings) to the City at the end of each. month, to be paid by the 10 day of the following month. The parties agree that the total number of .covered employees on August 1, 2006 is seven hundred (700). Therefore, the monthly payment shall be One Thousand Three Hundred and Seventy -One Dollars ($1,371.00), i.e. ($23.50 x 700) / 12. Upon written request by either party on or about January 1 of each calendar year of this Agreement, the total number of covered employees may be reviewed and adjusted for that calendar year, with the corresponding monthly rate . increasing or decreasing accordingly. . • 3. Optional Additional Services. During the term of this Agreement, the City and Consultant may mutually agree upon the performance of additional services as described in Attachment "B." Consultant shall be compensated for additional services at the rate of Seventy- Five Dollars ($75.00) per hour. Any such additional services shall be governed by the terms 0 and conditions of this Agreement. • • Page 1 of 7 • • 4. Term. The term of this Agreement shall commence on and be retroactive to January 1, 2006, and shall continue until terminated by either party in accordance with Section 20. 5. Status of Consultant. Consultant and the City understand and expressly agree that Consultant is an independent contractor in the performance of each and every part of this Agreement. Consultant, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, Consultant, its officers, agents and employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and /or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between Consultant or any officer, employee or agent of Consultant and the City. 6. Right to Inspect and /or Audit Financial Records. Consultant shall maintain records and documents necessary to assure the proper accounting of all funds paid to Consultant pursuant to this Agreement. The City or any of its duly authorized representatives shall have a right to access such records and documents for the purpose of making an inspection, an audit and /or copies. All such records and documents shall be retained and available for inspection, audit and copying by the City during the term of this Agreement and for a period of three (3) years following the termination of this Agreement. In the event that any such inspection or audit identifies any discrepancy in the accounting of funds paid to Consultant under this Agreement, Consultant shall provide the City with appropriate written clarification and financial adjustment within thirty (30) calendar days of notification from the City of the discrepancy. 7. Confidentiality. Contractor agrees that any information received by Contractor during the course of Contractor's performance under the terms of this Agreement shall be kept in full confidence and shall not be revealed to any other person, firm, organization, or entity, except as required and /or permitted by law. 8. Warranty. Contractor warrants that all services provided hereunder shall be furnished in a manner consistent with industry standards and the level of professional skill generally acceptable in the industry with regard to the services of this kind. 9. Taxes and Assessments. Consultant shall be solely responsible for compensating its officers, agents and employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Consultant shall pay the same before it becomes due. 10. Nondiscrimination Provision. During the performance of this Agreement, Consultant shall not discriminate in violation of any applicable federal, state and /or local law or regulation on the basis of race, color, sex, religion, national origin; creed, marital status, political affiliation, the presence of any sensory, mental or physical disability, or any other legally protected status. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. • 11. The Americans With Disabilities Act. Consultant agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti - discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals • Page 2 of 7 • 0 with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 12. Compliance With Law. Consultant agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 13. No Insurance. It is understood the City does not maintain liability insurance for Consultant, its officers, agents and /or employees. 14. Indemnification. Consultant agrees to protect, defend, indemnify, and hold harmless the City, its agents,, officers, employees, volunteers, and elected officials from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and costs and expenses (including attorneys' fees and disbursements) arising directly or indirectly from or out of, relating to, or in any way connected with activities undertaken by the Consultant pursuant to this Agreement. 15. Professional Liability Insurance Provided by Consultant. On or before the date this Agreement is fully executed by the parties, Consultant shall provide the City with a certificate of insurance as evidence of professional liability coverage with a limit of One Million Dollars ($1,000,000.00) for each wrongful act and an annual aggregate limit of at least Two Million Dollars ($2,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the 0 policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before January 1, 2006, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. 16. Delegation of Professional Services. The services provided for herein shall be performed by Consultant, and no person other than regular associates or employees of Consultant shall be engaged upon such work or services except upon written approval of the City. 17. Assignment. This Agreement, or any, interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Consultant to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Consultant stated herein. 18. Non - Waiver. The waiver by Consultant or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 19. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 20. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party sixty (60) days prior written notice of termination. 21. Notices. Unless stated otherwise herein, all notices and demands shall be in writing 411) and sent or hand delivered to the parties to their addresses as follows: Page 3 of 7 TO CITY: Director of Human Resources 410 City of Yakima City Hall 129 North 2nd Street Yakima, WA 98901 TO CONSULTANT: Director AJ Consultants 122 South Third Street Yakima, WA 98901 or to such other addresses as the parties may hereafter designate in writing. Notices and /or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 22. Integration and Supersession. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 23. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall - be binding on the parties to this Agreement. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 25. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA AJ CONSULTANTS By: `� \� By: �Y Y R. A. Zais, Jr7tity Manager Ja /ce . Burke, President Date: Date: /,/66 • ATTEST: Mq L.) *° '• I ?/ �': ,L"77/'9 City Clerk \1.17/1d �o SHIN City Contract No. / g/.rXo -7D --�-' Weseicch4 RDO - //? 411 Page 4 of 7 • S Attachment A vided to the City of Yakima I. AJ Consultants AJ Consultants shall provide the following services to all City of Yakima employees and their family members. . • A. Individual Assessment and Referral /Short-term Counseling: 1. Telephone interviews including providing information, making appointments, and giving service descriptions (not subject to billing to the City) 2. Assessment of presenting problem • 3. Short -term counseling if appropriate (limited to 4 sessions per client) 4. Referral to outside agency for more in -depth counseling or support services (referral care costs shall be paid by the client or the client's insurer) 5. Follow -up with client to monitor progress 6. Evaluation of client satisfaction 7. Department of Transportation (DOT) Assessment and follow -up B. Staff Development: 1. Employee Assistance Program (EAP) orientation to all new employees as ® requested by the City 2. Supervisory training for management personnel as requested by the City 3. Wellness or in- service presentations as requested by the City 4. Supervisor consultation services 5. EAP informational presentations at staff meetings, union meetings, and other in- service opportunities as requested by the City C. Advisory Committee: AJ Consultants shall attend regular meetings with the City, upon request, to: 1. Review program usage 2. Solicit input to improve program and service delivery 3. Calendar activities and promotions 4. Develop policies D. Communications and Program Promotions: 1. Provide promotional materials including posters, wallet cards, and Question and Answer EAP Brochures 2. AJ's Cornerstones, an EAP newsletter, will be mailed directly to employee homes on a quarterly basis 3. Provide topical inserts to include in Employee Newsletters ® 4. Summary Reports of program usage will be presented at a quarterly meeting g Page 5 of 7 5. Year End Reports will be provided at the end of each contract year II. City of Yakima The following describes the City of Yakima's responsibilities to provide to AJ Consultants: A. A complete list of all employees, home addresses, and phone numbers B. One set of mailing labels with home addresses of all employees per quarter C. Availability of selected employees to serve on the EAP Advisory Committee to meet quarterly with a representative from AJ Consultants 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 • S 1111 Page 6 of 7 Attachment B ® Optional Additional Human. Resource, Consulting, and Training Services AJ Consultants is a private non - profit human resource, consulting, and training firm. It offers a wide variety of services designed to optimize human potential and enhance organizational effectiveness. AJ Consultants may work collaboratively to design and implement a customized management and organization development program to meet the City's individual needs. Optional services include: • Management Consulting Strategic Planning • Trainings Conflict Management and Resolution Leadership Development Board Development Communication Skills Facilitation Skills Participative Management Managing Diversity • Organization Development • Quality Improvement II I Team Building Organizational Change Process Consultation • Organizational Diagnosis Organization Redesign Survey Feedback • • • • • • • • Page 7 of 7 RESOLUTION NO. R2006- //6 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Professional Services Agreement and any other necessary and appropriate documents between the City of Yakima and AJ Consultants for employee support services. WHEREAS, the City desires professional services to provide employee support services including employee counseling; and WHEREAS, the City does not have the staffing levels or specialized training and expertise necessary for said services; and WHEREAS, the City has previously contracted with AJ Consultants for said services; and WHEREAS, AJ Consultants has the expertise and experience necessary to provide the necessary services and is willing to continue to provide such services in accordance with the terms and conditions of the attached Professional Services Agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with AJ Consultants in accordance with the terms and conditions of the attached Professional Services Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Professional .Services Agreement" and any other necessary and appropriate documents with AJ Consultants for the purposes of obtaining employee support services. ADOPTED BY THE CITY COUNCIL this 15 day of August, 2006. /s/ DAVID EDLER • ATTEST: • David Edler, Mayor /s/ KAREN S. ROBERTS City Clerk Certified to be ? • .. . ' . .'rrect copy of the • OriIjisal filed in . ' 1 ' CLE' �` . . • By ��. ✓__ .; / • • / Z WAS\k` •