HomeMy WebLinkAboutOrdinance 3441 FILED FOR RECORD
ORDINANCE NO.
3441 089 SEP g PM 4 01
WASHINGTON
COCAR
AN ORDINANCE WAIVING THE REQUIREMENTS OF . KOLLMEYER
COMPETITIVE BIDDING FOR THE EMPLOYEE m►LKOFRMEa
.ASSISTANCE PROGRAM .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETPEVILLE ,
ARKANSAS :
Section 1 . That the Board of Directors hereby waives the requirement of
competitive bidding for psychological services required by the employee
assistance program because the request for bids resulted in no bids being
submitted .
Section 2 . The Board of Directors hereby directs the Mayor and City
Clerk to execute a previously negotiated contract with Charter Vista Hospital
to provide the necessary professional services at a cost not to exceed one
thousand seven hundred fifty dollars ( $ 1 , 750 . 00 ) .
Section 3 . The Board of Directors hereby determines that the need to
provide psychological services is necessary to the efficient administration of
City government . Therefore , an emergency is hereby declared to exist , and
this ordinance being necessary for the public health , safety and welfare ,
shall be in full force and effect from and after its passage and approval .
PASSED AND APPROVED this 1st day of August 1989 .
APPROVED
By :
Mayor
ATTEST /
By :
Cit C rk
4. . . . . . .
x ,
L1BER13113c3PAGEo2O
Employee Assistance Program Contract
THIS AGREEMENT is made this 1st day of Au ust 19 89 .
by and between Charter Vista Hos pi La T , locate a3
Crossover Road , Fayetteville , Arkansas , 72702 , Charter
Counseling Center , located at 4253 Crossover Rd , Suite 2 ,
Fayetteville , Arkansas , 72702 , herein referred to as " Charter
Vista " , and City of Fayetteville with its principle offices
located at 113 W . Mountain Fayetteville , AR 72701 herein
referred to as the Company .
WHEREAS , the Company desires to contract with Charter Vista
to operate the Company ' s Employee Assistance Program ( the
"Program " ) for the period set forth below ; and
WHEREAS , Charter Vista desires to operate the program on
the terms and conditions setforth below ;
NOW , THEREFORE in consideration of the mutual premises and
covenants provided herein and other good and valuable
consideration , the Company and Charter Vista agree as follows :
1 . Appointment of Pro ram Coordinator , The Company shall
designate an emp oyes er person to act as the Program
Coordinator for the Company , to monitor the Program for the
Company , to cooperate with Charter Vista in their operation of
the Program , and to perform the other services required of the
Program Coordinator in the Agreement .
2 . Services Provided by Charter Vista , During the term
of this Agreement , Charter Vista agrees to operate the Program
as provided in this Agreement and in accordance with written
policies and procedures adopted by the Company from time to
time during the term of this Agreement , provided that such
written policies and procedures shall not be inconsistent with
the terms and conditions of this Agreement . Without limiting
the foregoing , Charter Vista agrees to provide the following
services :
( a ) Consultation with the Program Coordinator regarding
the Program , including the overall design ,
development , management , and implementation of the
Program .
( b ) Information and training sessions for management and
supervisory personnel of the Company , directed toward
informing them of methods for the early detection and
referral of employees whose work performance or
behavior is being adversely affected by personal
problems . The Company shall provide sufficient space
for such training sessions and shall permit management
and supervisory personnel to attend the training
sessions on Company time . Charter Vista shall conduct
the training sessions in coordination with the Program
Coordinator .
( c ) Bi - monthly written communication with employees of the
Company to make them aware of services offered by the
Program and to encourage them to seek help in
resolving problems before they become debilitating .
Also , educational information will be periodically
distributed to the employees .
( d ) Charter Vista will provide ongoing training and
education in such areas as stress reduction , alcohol
and drug abuse , and emotional well - being . One seminar
per quarter will be provided to employees if requested
by the Program Coordinator .
( e ) Accepting initial referrals of employees of the
Company and immediate dependent members of their
families made by the employees or by a family member
of the employee . Referrals may be made for any
personal problems effecting job performance ,
including , but not limited to , alcoholism , drug abuse ,
psychiatric or psychological problems , family or
marital difficulties , emotional problems and financial
problems . All such persons referred to Charter Vista
shall be interviewed at the offices of Charter Vista
or by an approved counselor of Charter Counseling
Center within two working days of the referral .
Efforts will be made to schedule appointments after
working hours .
( f ) If an employee is referred by the Company , Charter
Vista shall advise the manager or supervisor of the
employee whether the employee made and kept the
appointment . Charter Vista will not provide case
management , or progress reports on employees other
than statistical follow - up to the Program Coordinator .
( g ) Charter Vista will conduct two free outpatient
sessions , following the initial assessment , with each
referred employee or immediate dependent family
member , after which , Charter Vista , if necessary ,
shall assist the employee in finding qualified
resources in the community and in making initial
contacts with such resources . Charter Vista Hospital
shall evaluate referral resources to determine
suitablility through recognized evaluative
mechanisms . Charter Vista has no financial
responsibility for treatment provided to the employee
or family member by such referral resources . Charter
Vista agrees to attempt to make all treatment
referrals in the most cost - effective manner and to
recommend appropriate levels of care to serve the
employee ' s or family member ' s needs at the lowest
possible cost . Charter Vista shall maintain
familiarity with the Company ' s benefits programs ,
including group insurance , work - man ' s compensation and
sick leave . Any additional services provided beyond
the scope of this agreement are the responsibility of
the employee and not the City of Fayetteville .
( Z )
( h ) If , following the two free outpatient sessions , the
employee elects to , or is referred on to further
counseling with Charter Vista , he or she shall receive
a twenty ( 20 ) percent discount on the normal cost of
these sessions .
3 . Term . The term of this Agreement shall _ be for '
year ( s ) commencing in the date of 44.52 19 This
Agreement may be renewed or extende t the end orits term by
written agreement of both parties . Not withstanding the
foregoing , this Agreement may be terminated by either party
upon sixty days written notice of termination to the other
party .
4 . Fees . In consideration of the services provided by
Charter Vista under this agreement , the Company agrees to pay
Charter Vista the fees set forth on Schedule A attached hereto
and incorporated herein by reference and in accordance with the
terms and conditions set forth on Schedule A .
s . Periodic Re orts . Charter Vista shall supply the
Company wit quarter y information and statistics for analysis
and monitoring of Program activity . The information and
statistics shall include , but not necessarily be limited to ,
the number of employees served ; the number of hours of service
rendered to the employees ; the use of community resources ; and
the problem areas involved , categorized in terms of alcoholism ,
drug or other substance abuse , emotional , financial family and
" other " problems .
6 . Exclusive Provider of Services . The Company agrees
that during the term o t is Agreement , Charter Vista shall be
the exclusive provider of services for or with respect to the
Program .
7 . Records . All records and data maintained by Charter
Vista concerning the Program , including client records , shall
be the sole property of Charter Vista , regardless of their
physical location , and shall be confidential . Except in the
case of a government agency or court order , client records
shall not be released to the Company or anyone else without the
written authorization of the employees or family member
involved .
8 . Assistance Provided by the Company . The Company
shall assist Charter ista in the operation of the Program , in
addition to as otherwise provided in this Agreement , as follows :
( a ) The Company , through the Program Coordinator , shall
provide to Charter Vista data on each referred
employee concerning job performance , attendance ,
accidents , medical claims and other job - related
information .
( b ) The Company shall assist Charter Vista in
communicating and explaining the Program to employees
through appropriate means such as announcements in
newsletters , bulletin boards , etc .
( c ) The Company shall provide Charter Vista with the
necessary clearance and assistance to make such
on - site visits to meet supervisors and employees as
Charter Vista Hospital determines necessary .
9 . Insurance . Charter Vista shall maintain , during the
term of t is Agreement , liability insurances against claims or
suits for negligence or malpractice based on services rendered
to employees of the Company or family members pursuant to this
Agreement .
10 . Notices . All notices required hereunder shall be in
writing ann—TaT1 be deemed to have been duly given if either
hand - delivered or mailed by certified or registered mail ,
postage prepaid , addressed to the party to whom intended at the
address provided above or at such other address as such party
shall hereinafter designate to the other party in writing . Any
notice so mailed shall be deemed to have been given and
received by the party to whom addressed on the fourth day after
the date said notice was properly deposited in the mail .
11 . Assi nment . This Agreement may not be assigned by
either party�t the written consent of the other party .
12 . Entire A reement . This Agreement constitutes the
entire agreement etween the parties hereto and may not be
modified or amended except in writing signed by both parties
hereto . Time is of the essence of this Agreement and all of
its provisions .
13 . Severability . If any part or provision of this
Agreementis�fd- invalid or unenforceable under applicable
law , such invalidity or unenforceability shall not in any way
affect the validity or enforceability of the remaining parts
and provisions of this Agreement .
14 , Nonwaiver . Forbearance or indulgence by either party
in any regar w atsoever shall not constitute a waiver of the
conditionor covenant to be performed to which the same may
apply , and until complete performance of said condition or
covenant , such party shall be entitled to involve any remedy
available to it under this Agreement , or by law , or in equity ,
despite said forebearance or indulgence .
15 . Offset , The Company hereby waives any and all
existing ani-mature claims and offsets againt any fee or other
payment due hereunder and agrees to pay the fee and all other
amounts hereunder regardless of any offset or claim which may
be asserted by the Company or on its behalf .
16 . Governin Law . This Agreement and the rights ,
obligations an reme les of the parties hereto shall in all
respects be governed by and construed in accordance with the
laws of the State of Arkansas .
17 . Benefits of Program . See addendum . ( Schedule B )
( 4 )
IN WITNESS WHEREOF , the parties have executed this
Agreement on the date first above written .
CHARTER VISTA/HOSPITAL THE COMPANY : l�
By : Oyl a cn-�` By : (/•
Title : Dir . , Charter Counseling Ctr Title : YGzr
C arterVista Hospital
By :
Title : Adminis1trator
Schedule A
Fees ( Amounts , terms and conditions of payment )
Charter Vista Hospital will provide assessment ,
referral and follow - up services at the rate of $ 12 . 00 per
employee per year . The Company will be billed atTnd of
each quarter .
Schedule B
Charter Vista EAP Program
BENEFITS OF PROGRAM
1 . Information and training session for management and
supervisory personnel .
2 . Ongoing information for employees about EAP and issues
concerning physical , mental and emotional health .
3 . Educational lectures or training for employees regarding
stress , alcohol and drugs , etc . ( One per quarter )
4 . Following initial assessment , two free outpatient sessions
per employee or immediate dependent family member per year .
5 . Twenty percent discount on additional counseling with
Charter Vista for employees and family members .
6 . Quarterly statistics supplied to city on utilization of EAP .
7 . 24 hour , 7 days a week , phone number for crisis situations .
8 . This is a voluntary and confidential employee assistance
program for your employees and their dependents .
Appointments may be scheduled by calling 521 - 1616 ( between
the hours of 9 : 00 a . m . and 6 : 00 p . m . ) or 521 - 5731 after
business hours . Outpatient counseling sessions will be
conducted at 4253 Crossover Rd , Suite 2 , Fayetteville , AR
72702 .
. "STATE df ARKANSAS
ea.
County of Washington
I, hereby certify that I
. ORDINANCENO. 3411 - am the publisher of JHE NORTHWEST ARK SASTIMES, adaily newspaper
AN ORDINANCE WAIVING having a second class mailing privilege, an being not less than four pages of
THE REQUIREMENTS OF five columns each, published at a fixed place of business and at a fixed (dally)
COMPETITIVE BIDDING Intervals continuous) in the Cit of Fayetteville. Count of Washington, Arkansas
FOR THE EMPLOYEE Y Y Y Y g
'ASSISTANCE PROGRAM. for more than a period of twelve months, circulated and distributed from an
?-SBE IT ORDAINED By established place of business to subscribers and readers generally of all classes
' THE BOARD OF DIREC-
+.TORS OF THE CITY OF in the City and County for a definite price for each copy, or a fixed price per
;F A Y E T E V I L 'L E', annum, which price was fixed at what is considered the value of the publication,
tARKANSAS: ' "
&. Section 1. That the Board based upon the news valueand service value It contains, that at least fifty percent
• aVDirecTors hereby waives of the subscribers thereto have paid cash for their subscriptions to the newspaper
athe requirement
egmireent of .
i bidding
id for or its agents or through recognized news dealers over a
period of at least six
psychological services re. months; and that the said newspaper publishes an average of more than forty
.quired I by .the employee percent news matter.
;assistance program because
.the request for bids resulted.
in no blas being submitted. I ,. I further certify that the legal notice hereto attached in the matter of
section 2. The Board . of
'Directors hereby directs the
Mayor and CNY Clerk to ex- A 1 ^ �6 - 344 /4 4 /
acute ' a .previously 'Charter
'Vista
/1110/�tl Aj/,(iyln
a ist contract With vide the - —
Vis18 Hospital to provide the /
necessary professional ser- was published in the regular daily issue of said newspaper
vices at a cost not to exceed' P is p per for
one Thousand seven hundred consecutive insertions as follows:
fifty dollars ($1,750'00) -
section 3. The Board'of / ft�� . pp pp
Directors hereby deter: The first insertion on the day of V 19
mines that the need to pro-' Q
Vice psychological services
Is necessary To the efficient the second Insertion on the day of 19
administration of City gov
ernment. Therefore, an the third Insertion on the da of 19
"emergency ls - hereby y
tleclared to exist, and this
ordinance being necessary and the fourth insertion on the _ &Wo
_for the public health, safety
and welfare, shall be in full
,force and effect from and
after' its passage and. ap-
'.proval. ,
PASSED AND APPROV- Sworn t0 and subscribed before me this / Ute,._„O '
ED this 1st tlay of 'August, daV Of
7999. �./� 1 lq
i ;+,. .--APPROVED /�l / _ \� • �
By: William V. Martin
...-Mayor
i ,/. ,�; ,
ATTEST
BY: Suzanne McWelhY
:CItYClerk - rlTry.y l:E .ic :.s' N t y�pupli + .1 �•�
My Commission Expires:
Fees for Printing _ S 91
Cosi of Proof —. 5
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SCo�t on the da;e 'mbardlca
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Ck ,14ar
Grcu;t Ub. and /
(X•offldo Recorder
CERTIFICATE OF RECORD oY
State of ArkansasSS
City of Fayetteville
1, Suzanne C. McWethy, City Clerk and
Ex-Officio recorder for the City of Fayetteville,
do hereby certify that theannexed or ce and the same re-
going is of record in my
pears in Ordinance & Resolution book
� �� at page 9Witness
day of
hand and seal this
Ci y Clerk a •;
`�f l
