HomeMy WebLinkAboutR-2008-089 Employee Assistance Program (EAP) ContractRESOLUTION NO. R 2008-89
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`d day of June, 2008.
ATTEST:
/Oa brla.14 Crat 6
City Clerk
I. i/A1 e
-A/
'avid Edler, : ayor
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
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.
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:
City Manager
STAFF RECOMMENDATION: Adopt resolution authorizing the assignment of the contract
to Central Washington Comprehensive Mental Health
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
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
Janice .: urke, President
Date: 51P /I(
CITY OF YAKIMA
R. A. Zais, Jr., City Manager
City Manager
Date: ‘/149-
CITY CONTRAC r NO: _r0 /p
RESOLUTION NO:
CENTRAL WASHINGTON COMPREHENSIVE
MENTAL HEALTH
Print Name: Rick Weaver
Title:
Date:
President/CEO
May 30, 2008
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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 II of Attachment A. •
2. Consideration. As consideration for the work, tasks, and services performed by
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 annualrate 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 10th 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
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
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•
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•
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 pot 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
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
and sent or hand delivered to the parties to their addresses as follows:
Page 3 of 7
TO CITY:
TO CONSULTANT:
Director of Human Resources
City of Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
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 enforceor interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA
Bv:
R. A. Zais, Jr.;tity Manager
T/q1 City Clerk
City Contract No. -7D
4'501w/74w /f -.Rea- -//,
AJ CONSULTANTS
By:
Date:
Page 4 of 7
I,/
a,e . Burke, President
/206
Attachment A
Services Provided 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-depthcounseling 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 toall 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
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
Page 6 of 7
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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
Team Building
Organizational Change
Process Consultation
Organizational Diagnosis
Organization Redesign
Survey Feedback
Page 7 of 7
NO '{THWEST
EMPLOYEE
ASSISTANCE
PROGRAM
RECEIVED
APR 2 b 2013
SERVICE CONTRACT BETWEEN Human Resources Division
NORTHWEST EMPLOYEE ASSISTANCE PROGRAM,
A DIVISION OF COMPREHENSIVE MENTAL HEALTH
& CITY OF YAKIMA for
Employee Assistance Program Services
THIS AGREEMENT, is made and entered into this 1st day of July, 2013, by and between City of Yakima, a
herein after referred to as "CITY OF YAKIMA" and Northwest EAP, a division of Comprehensive Mental
Health, a not for profit corporation, herein after referred to as "COMPREHENSIVE."
RECITALS:
WHEREAS, CITY OF YAKIMA desires to have certain services and or tasks performed as set forth below
and/or described in the Statement of the Work, attached hereto and incorporated by reference as
"AttachmentA" requiring specialized skills and other supportive capabilities; and; and WHEREAS,
COMPREHENSIVE represents that COMPREHENSIVE is qualified and possesses sufficient skills and the
necessary capabilities, including technical and professional expertise, where required, to perform these
services and/ or tasks set forth in this Agreement. NOW, THEREFORE, in consideration of the terms,
conditions, covenants, and performance contained herein, the parties hereto agree as follows:
I. Scope of Services.
The Scope of Services is described in the Statement of Work attached hereto as Exhibit "A"
and incorporated herein by this reference.
II. Term.
The term of this Agreement with begin July 1, 2013 and will continue until modified or
terminated by one or both of the parties.
III. Compensation & Method Of Payment.
Payment and contract amount provisions are provided for in the Statement of Work and its
attached exhibits.
IV. Reports & Inspections.
COMPREHENSIVE at such times and in such forms as the parties may agree in the Statement of
work and its attached exhibits, shall furnish to CITY OF YAKIMA statements, records, reports,
data, and information pertaining to matters covered by this Agreement. It is also agreed that
such disclosures will not violate the Washington State Health Care Information Act, the Revised
Code of Washington, Washington State Administrative Code, Federal Statute or Regulations or
federal HIPAA laws and regulations.
Employee Assistance Program Contract Page 1 of 8
V. Independent Contractor Relationship.
This Agreement establishes an independent contractor relationship between CITY OF YAKIMA
and COMPREHENSIVE. The implementation of services will lie solely with the discretion of
COMPREHENSIVE. No agent, employee, servant or representative of COMPREHENSIVE shall be
deemed to be an employee, agent, servant or representative of CITY OF YAKIMA for any
purpose, and the employees of the COMPREHENSIVE are not entitled to any of the benefits
CITY OF YAKIMA provides for its employees. Further, each party will be solely and entirely
responsible for its acts and for the acts of its agents, employees, servants, sub -contractors, or
representatives during the performance of this Agreement.
VI. Hold Harmless/Indemnification.
6.1 COMPREHENSIVE shall defend, indemnify and hold CITY OF YAKIMA, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors, or
omissions of COMPREHENSIVE in performance of this Agreement, except for injuries and
damages caused by the sole negligence of CITY OF YAKIMA.
6.2 CITY OF YAKIMA shall defend, indemnify and hold COMPREHENSIVE, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors, or
omissions of CITY OF YAKIMA in performance of this Agreement, except for injuries and
damages caused by the sole negligence of COMPREHENSIVE.
VII. Insurance.
During the term of this Agreement , COMPREHENSIVE shall maintain public liability and
professional liability insurance coverage against claims or injuries to persons or damage to
property which may arise from or in connection with the performance of the work hereunder by
COMPREHENSIVE, its agents, representatives, or employees.lf requested, COMPREHENSIVE will
furnish CITY OF YAKIMA with a certificate of insurance as evidence of such coverage prior to the
commencement of services described in this Agreement.
VIII. Compliance with Law.
8.1 COMPREHENSIVE, in the performance of this Agreement, shall comply with all
applicable federal, state or local laws and ordinances, including regulations for licensing,
certification and operation of facilities, programs and accreditation, and licensing of
individuals, and any other standards or criteria as described in this Agreement to assure quality
of services.
8.2 COMPREHENSIVE specifically agrees to pay any applicable business and occupation (B
&O) or other taxes that may be due on account of this Agreement.
IX. Non Discrimination.
9.1 Non -Discrimination in employment. In the performance of this Agreement
COMPREHENSIVE will not discriminate against any employee or applicant for employment
Employee Assistance Program Contract Page 2 of 8
on the grounds of race, creed, color, national origin, sex, marital status, age or the presence
of any sensory, mental or physical handicap; provided that the prohibition against
discrimination in employment because of handicap shall not apply if the particular disability
prevents the proper performance of the particular work involved. COMPREHENSIVE shall
ensure that applicants are employed, and that employees are treated during employment
without discrimination because of their race, creed, color, national origin, sex, marital
status, age or the presence of any sensory, mental or physical handicap. Such action shall
include, but not be limited to: employment, upgrading, demotion or transfers, recruitment
or recruitment advertising, lay-off or termination, rates of pay or other forms of
compensation, and programs for training including apprenticeships. COMPREHENSIVE shall
take such action with respect to this Agreement as may be required to ensure full
compliance with local, state and federal laws prohibiting discrimination in employment.
9.2 Non -Discrimination in services. COMPREHENSIVE will not discriminate against any
recipient of any services or benefits provided for in this Agreement on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or
physical handicap.
9.3 If any assignment and/ or sub -contracting has been authorized CITY OF YAKIMA, said
assignment or sub -contract shall include appropriate safeguards against discrimination.
COMPREHENSIVE shall take such action as made be required to ensure full compliance with the
provisions in the immediately preceding paragraphs herein.
X. Assignment/Sub-contracting.
10.1 COMPREHENSIVE shall not assign its performance under this Agreement or any portion
of this Agreement without the prior written consent of CITY OF YAKIMA, and it is further agreed
that said consent must be sought in writing by the COMPREHENSIVE not less than thirty (30)
days prior to the date of any proposed assignment, which consent will not be unreasonably
withheld.
10.2 Any work or services assigned hereunder shall be binding upon all successors and assigns
subject to each provision of this Agreement.
Xl. Termination.
11.1 Termination without cause. Either party may terminate this Agreement, in whole or
in part, at any time, by at least thirty.(30) days written notice to the other party.
11.2 Termination for cause. If the either party fails to perform in the manner called for in this
Agreement, including CITY OF YAKIMA's failure to pay COMPREHENSIVE and if that party fails to
correct such noncompliance within thirty (30) days of written notice thereof, then this
Agreement shallbe immediately terminated.
XII. Notice.
Notice provided for in this Agreement shall be sent by certified mail to the addresses
designated for the parties on the last page of this Agreement.
Employee Assistance Program Contract Page 3 of 8
XIII. Dispute Resolution.
In the event of any claims or disputes over this contract, and the parties are unable to resolve
the dispute informally, parties do hereby agree that they will first subject said dispute to binding
arbitration in Yakima, Washington. A single arbitrator shall be selected by agreement of the
parties, in the alternative by the Presiding Judge of Yakima County Superior Court. Each party
shall be responsible for one-half of the fees and expenses of the arbitrator. The mandatory
arbitration rules, as implemented locally, of the Yakima County Superior Court shall be
binding,except as to the right of appeal which is not applicable herein. Within ten (10) days of
notice of arbitration by a party, an arbitrator shall be designated and the hearing held within
thirty (30) days thereof, and a decision made within ten (10) days of such hearing.
XIV. Attorney'sFees & Costs.
If any legal proceeding is brought for the enforcement of this Agreement or because of a
dispute, breech, default, or misrepresentation in connection with any of the provisions of this
Agreement the prevailing party shall be entitled to recover from the other party, in addition to
any other relief to which such party may be entitled, reasonable attorney's fees and other costs
incurred in that action or proceeding.
XV. Jurisdiction And Venue.
15.1 This Agreement has been and shall be construed as having been made and delivered
within the State of Washington, and it is agreed by each party hereto that this agreement shall
be governed by the laws of the State of Washington, both as to interpretation and
performance.
15.2 Any action at law, suit in equity, or judicial proceeding for the enforcement of this
Agreement or any provisions thereof shall be instituted and maintained only in any of the
courts of competent jurisdiction in Yakima County, Washington.
XVI. Severability.
17.1 If, for any reason, any part, term or provision of this Agreement is held by a court of the
United States to be illegal, void or unenforceable, the validity of the remaining provisions shall
not be affected, and the rights and obligations shall be construed and enforced as if the
Agreement did not contain the particular provision held to be invalid.
17.2 If it should appear that any provision hereof is in conflict with any statutory provision in
the State of Washington, said provision that may conflict therewith shall be deemed inoperative
and null and void in so far as it may be in conflict therewith, and shall be deemed modified to
conform to such statutory provisions.
XVII. Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed an original but
all of which together shall constitute one and the same instrument.
XVIII. Entire Agreement.
The parties agree that this Agreement is the complete expression of the terms hereto and any
Employee Assistance Program Contract Page 4 of 8
oral representations or understandings not incorporated herein are excluded. Further, any
modification of this Agreement shall be in writing and signed by both parties. Failure to comply
with any of the provisions stated herein shall constitute material breach of contract and cause
for termination. Both parties recognize time is of the essence in the performance of the
provisions of this Agreement. It is also agreed by the parties that the forgiveness of the non-
performance of any provision of this Agreement does not constitute a waiver of the provisions of
this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year
first herein above written.
NORTHWEST EAP
A Division of Comprehensive
PO Box 959
Yakima, WA 98907
Rick Weaver
President/CEO
Li z 7005
Da e
CITY OF YAKIMA
129 N 2"d St
Yakima, WA 98901
Tony 7 ourke
City Manager
`t- a(2 13
Date
CITY CONTRAC f N0�.3
RESOLUTION NO:
Employee Assistance Program Contract Page 5 of 8
EXHIBIT A: STATEMENT OF WORK
I. IT IS AGREED THAT NORTHWEST EAP SHALL:
A. Provide assessment, brief counseling, and referral services for eligible employees of CITY
OF YAKIMA and their dependent family members (spouse, domestic partners and legally
dependent children). The scope of problems to be assessed shall include, but not be
limited to, alcohol and other drug misuse or abuse, marital or other family problems,
psychological, personal or other emotional/behavioral issues. Assessments, brief
services, and referrals will be completed in four (4) or fewer sessions.
B. Provide any necessary referrals to professionals, agencies, or community-based
resources to assist eligible employees in obtaining treatment and/or support
recommended as a result of the EAP assessment and referral process (if the issue or
concern cannot be resolved during the allotted EAP sessions).
C. Provide group orientation and program promotion information for employees of CITY OF
YAKIMA (as needed or requested). Orientation sessions will be scheduled at the
convenience of CITY OF YAKIMA administration to best accommodate employees and
work shifts.
D. Provide training formanagers, supervisors, and other leaders identified by CITY OF
YAKIMA to assist them in recognizing potential employee alcohol, drug or other
emotional/behavioral issues that may impact work performance; and assist them in
making effective referrals to the EAP. Supervisor training services will be billed at
$90/hour, plus travel and mileage when applicable.
E. Provide trainings, such as stress management, sexual harassment, interpersonal
communication, conflict resolution, or alcohol and drug abuse prevention, as needed or
requested. Trainings on a variety of topics are available at the rate $90.00 per hour, plus
travel and mileage when applicable.
F. Provide Critical Incident Stress Management (CISM) services as requested should a
potentially traumatic event impact CITY OF YAKIMA employees. The fee for CISM
services will be billed at $90/hour per Comprehensive employee, plus travel and mileage
when applicable.
G. 1) Maintain a twenty-four (24) hour crisis contact number, including referrals to
Designated Mental Health Professionals in Comprehensive's Crisis Triage Center for crisis
assessment when appropriate.
2) Following a crisis contact with a Designated Mental Health Professional, follow-up
appointments in most cases shall be scheduled within 24 hours of the crisis contact, or
when mutually agreed upon between the requesting client and Northwest EAP.
3) Regular, non -crisis appointments shall be scheduled within five business days of the
Employee's call for EAP services, based upon Employee availability, or when mutually
agreed upon between client and Northwest EAP.
Employee Assistance Program Contract Page 6 of 8
H. Abide by all current and future HIPAA security, privacy, and confidentiality standards
with respect to Protected Health Information. Ensure that all services provided shall be
confidential except as provided by State and Federal law. Such exceptions include, but
are not limited to, reporting to appropriate authorities any previously unreported
incidents of abuse of a child or dependent adult, potential threats of suicide or other
self -harm, or any clear and serious threat of homicide or intent to do serious bodily
harm to a person or persons. Northwest EAP shall not disclose to any unauthorized
person or company, without prior written consent of the Employee, the names of,
reasons for, or the results of participation in the EAP.
If employment verification prior to scheduling services is requested by CITY OF YAKIMA,
Northwest EAP will check the name of employees requesting EAP services against an
employee list provided and regularly updated by CITY OF YAKIMA. In the absence of a
regularly updated list, Northwest EAP will assume the employee requesting services is
currently employed by CITY OF YAKIMA if they identify as such when requesting EAP
services
J. Provide CITY OF YAKIMA with quarterly utilization reports summarizing program usage.
The utilization reports will contain no employee identifying information.
II. IT IS AGREED THAT CITY OF YAKIMA SHALL:
A. Develop human resource or EAP policies that promote management support of the EAP
and encourage eligible employee participation in the EAP.
B. Provide Northwest EAP with a copy of its EAP, Drug -Free Workplace and other human
resource or benefits policies pertaining to the EAP services available to employees.
C. Promote participation of its managers, supervisors, or other selected leaders in
Northwest EAP's supervisor training program.
D. Collaborate with Northwest EAP to deliver program orientation sessions to its
employees to raise awareness of the program and promote its appropriate usage.
E. Pay Northwest EAP $2.00 per person per month for each eligible employee. EAP services
will be provided initially to 679 covered employees. The number of eligible employees
may vary and shall be determined by and reported to Northwest EAP on the billing
invoice return slip when the number of covered employees changes.
F. There shall be no payment due or owing for dependent family members of eligible
employees.
G. Advise its employees, when applicable, that appointments which are not kept or are not
cancelled with at least 24 hours notice may result in a $30.00 "no show" charge to the
employee, or loss of one EAP session from the total coverage provided.
Employee Assistance Program Contract Page 7 of 8
H. Pay Northwest EAP for additional workplace trainings or Critical Incident Stress
Management (CISM) services at a rate of $90.00 per hour, plus travel and mileage when
appropriate.
Provide Northwest EAP with a current listing of all eligible employees, if employment
verification is needed prior to scheduling EAP services. If employment verification is
needed, the provided employee list shall be updated and sent to Northwest EAP to
reflect the current roster of covered employees. If employment verification is not
request, or if a current employee list is not available, Northwest EAP will assume the
employee requesting services is currently employed by CITY OF YAKIMA if they identify
as such when requesting EAP services.
Employee Assistance Program Contract Page 8 of 8