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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 Total _ s L9 , to -pima Ko11me9a`o, v . ., c,n;c: w n:Y• $ia totFido c:durl ;,erl;iv Char a' a tta! -nY ctt;c rkan a;' cor .:as bred for r r the sam= ' s noW .SIT er eon a'ru vLtla. manl . es 'md;catcd h 'db 1t.=. ackn` dook and v recoe ded v. , eWu .dol , aon rr d cedii'rcate tF," man, hereunto pa9;Nsw lst; OK-,e h t on sard e^ of and ted here j SCo�t on the da;e 'mbardlca 'prlcra K e 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