HomeMy WebLinkAboutRES.2629.06-20-2011 BILL N0. 11-99 RESOLUTION N0. ��a
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH PREFERRED RESOURCE
NETWORK, INC. , D/B/A PERSONAL ASSISTANCE
SERVICES, FOR AN EMPLOYEE ASSISTANCE PROGRAM
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1 . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
an Agreement with Preferred Resource Network, Inc. , d/b/a
Personal Assistance Services, for an employee assistance
program. A copy of the Agreement is attached hereto and made a
part hereof.
-_�PASSED AND ADOPTED THIS �O`�L DAY OF �..� � , 20�.
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�� �_�� Harry E. Rediger, Mayor
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ayl L. Conrad, City Clerk
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AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of July, 2011, by
and between Preferred Resource Network, Inc. dba Personal Assistance Services,
a private corporation with its principal place of business at 9735 Landmark
Parkway, Suite 17, St. Louis, MO 63127 on behalf of itself and all of its divisions
and affiliates, as the same may be constituted from time to time, (hereinafter
referred to as "PAS") and The City of Cape Girardeau with its business office at
401 Independence, Cape Girardeau, MO 63702 (hereinafter referred to as
"CITY").
WHEREAS, CITY is desirous of establishing an Employee Assistance
Program (EAP) for its employees and their family members hereinafter referred
to as "Subscriber", and;
WHEREAS, PAS is a professional firm specializing in EAP service
provision and has a trained staff(consisting of employees and of Affiliate
Providers as hereinafter defined) to provide EAP services to CITY Subscribers,
and;
WHEREAS, PAS is desirous of providing an EAP as required by CITY;
NOW, THEREFORE, in consideration of the mutual terms, conditions and
covenants hereinafter set forth, the parties agree as follows:
TO-WIT:
ARTICLE I -TERM OF CONTRACT
1.1 Contract Term. The initial term of this Agreement shall be for a
period of one (1) year commencing on the 1S`day of July 2011 and continuing up
to and including June 30, 2012. Thereafter, this Agreement shall automatically
renew upon its expiration for successive one (1) year periods unless sooner
terminated in accordance with the provision below.
1.2 Amendment or Termination. Either party may terminate or amend
this Agreement upon providing the other party with at least ninety (90) days
prior written notice. The rate will be subject to renegotiation in the event that
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the overall rate of utilization of services exceeds 12% or there is a significant
change in the plan design.
ARTICLE II - COMPENSATION
2.1 Consideration. CITY shall pay PAS a monthly capitated fee of Two
Dollars ($2.00) per Subscriber. Based on 380 eligible full-time and part-time
employees the annual fee shall be Nine Thousand, One Hundred Twenty Dollars
($9,120.00), payable in monthly installments of Seven Hundred Sixty Dollars
($760.00), which shall constitute full and complete compensation for services
under this Agreement. The parties agree that the number of eligible employees
covered under this Agreement may change over time and that the fee would be
pro-rated and adjusted accordingly.
2.2 Billin . PAS shall send an itemized bill to:
Lori Myers
Human Resources
The City of Cape Girardeau
PO Box 617
Cape Girardeau, MO 63702
2.3 Payment. Remittance is due upon receipt of the invoice—net 10
days to Preferred Resource Network, Inc. d/b/a Personal Assistance Services,
9735 Landmark Parkway, Suite 17, St. Louis, MO 63127, Fed. ID 43-1613278.
2.4 Limitation of Payment. CITY will compensate PAS for the amount
specified in 2.1 above and 3.1 D below.
ARTICLE III - SCOPE OF SERVICES
3.1 EAP Services. PAS and its affiliates shall provide EAP case
management services to CITY and Subscribers as requested by CITY, in
accordance with Paragraph 3.1, Items A through N herein. The services shall
include the following:
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A. Policy and Procedure Development. PAS agrees to assist CITY in
updating, as necessary, a policy regarding personal problems that affect on-the-
job work performance, which is coordinated with CITY existing general
personnel policies and performance management procedures. PAS will maintain
procedures for access to the EAP that best meet the needs of CITY. Referral
procedures will be developed for Subscriber self-referral, supervisory
referral/job performance referral, and medical/drug-free workplace referral.
B. Confidentialitv. PAS will preserve the confidentiality of EAP
counseling and referral records, and discussions with CITY and Subscribers. PAS
will assure the confidentiality of Subscriber communications, and comply with
all applicable state and federal privacy and confidentiality laws, including,but
not limited to, Public Laws 91-616 and 92-255; the Drug Abuse Office and
Treatment Act of 1972, 21 USC 1175; the Comprehensive Alcohol Abuse and
Alcoholism Treatment and Rehabilitation Act of 1970, 42 USC 4582, the Privacy
Act of 1974, Public Law 93-579, 5 USC 552A, Public Law 104-191 (Health
Insurance Portability and Accountability Act), 45 CFR§160 and §164 ("The
Privacy Rule"), and other applicable regulations.
C. Special A�licabilitp of The Privac�Rule Contained in Public Law
104-191 (Health Insurance Portability and Accountability Act), 45 CFR 6160 and
�164. To the extent that EAP provides treatment (as defined at 45 CFR�164.501
of the Privacy Rule) of any Subscriber, EAP shall be deemed a Covered Entity
and not a Business Associate, and shall not use or disclose ("disclosure" as
defined in the Privacy Rule) any Subscriber's Individually Identifiable Health
Information (as defined in the Privacy Rule and hereafter referred to as Protected
Health Information) to CITY, including its Human Resource Department, except
as specifically permitted by the Privacy Rule.
D. Business Associate. To the extent that PAS provides services to
CITY other than treatment as defined in subparagraph (C) above, including,
without limitation, (i) any function or activity involving the use or disclosure of
individually identifiable health information, e.g., claims processing or claims
administration, data analysis, data processing, or data administration; utilization
review, quality assurance,billing, employee benefit management, medical
practice management, or re-pricing of CITY's bills; or (ii) legal, actuarial,
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accounting, consulting, data aggregation, management, administrative,
accreditation, or financial services, then PAS shall be deemed a Business
Associate, and the use and disclosure of any Subscriber's Protected Health
Information shall be governed pursuant to the Business Associate Agreement
attached hereto at Exhibit A and incorporated herein by reference.
E. Orientation and Trainin�. Up to four (4) hours of on-site clinical
services (personal and professional development seminars, on-site counseling
services, critical incident services) are included each plan year at no charge.
Additional on-site services may be purchased for a fee of $250 per hour. Travel
fees and cancellation fees may apply. CITY may request any of the following
types of on-site services below:
• Personal and Professional Development seminars
• On-Site Critical Incident Management Services - on-site counseling
services, critical incident debriefing services
• On-site Health Fair Participation
• Employee and supervisory orientation to acquaint with EAP and
procedures for using EAP
F. EAP Awareness Activities. With prior approval of appropriate
CITY personnel, PAS will provide ongoing EAP communication materials in
electronic format for CITY's use in promoting the EAP. These may include:
bulletin board displays, handouts, flyers, wallet cards, PASWord Express
newsletter, PAS-It-On newsletter, suggested letters for home mailings, etc.
G. Staff Credentials. PAS agrees to provide experienced, licensed and
fully credentialed counselors from professionally recognized mental health
disciplines to provide EAP counseling services. PAS staff is capable of assessing
and treating a wide range of Subscriber problems including, but not limited to,
psychological issues, substance abuse, relational conflicts, and family problems.
H. Affiliate Providers. PAS shall maintain a network of appropriate
community resources, care providers and professional counselors hereafter
referred to as "Affiliate Providers", to provide assessment, referral and
emergency treatment on an independent contractor basis with PAS for
Subscribers in geographic areas where PAS does not have employees or to meet
special needs.
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I. Case Mana�ement Services. PAS agrees to provide EAP counseling
services for Subscribers designated from time to time by CITY. Such services
shall include 1 to 6 assessment, referral, and/or solution-focused brief counseling
sessions per episode for personal problems, including, but not limited to,
chemical dependency, mental health problems, marital and relationship issues,
family problems, financial and legal difficulties. These services will include
telephonic or office based sessions with a PAS case manager to assess the
problem, provide brief counseling and/or refer the individual, if necessary, to an
appropriate community resource, and to follow-up with the Subscriber. In the
state of California, sessions are limited to 3 in any 6-month period per law. Fees
for professional services rendered outside the EAP system (i.e.: not provided
directly by PAS or its designated Affiliate Providers) will be the responsibility
solely of the Subscriber. PAS shall neither solicit, charge, nor accept any
payment of fees from the CITY Subscribers for EAP services provided.
J. Service Availabilitv. PAS shall provide 24-hour, 7-day a week
phone answering capability and an after hours Crisis Intervention Service.
Consultation will be provided by day, evening or weekend appointments.
Arrangements for an appointment will be made for the caller's convenience to
the greatest extent possible.
K. Plan Administrator. CITY will appoint a Plan Administrator, who
will act as a liaison with PAS to give exposure to, monitor and promote the
utilization of the program by Subscribers. CITY shall have the right to designate
a substitute person as EAP Plan Administrator from time to time upon
notification to PAS and may change the same from time to time.
L. Quarterly Reportin�. PAS will provide CITY a report on the use of
the services. Said report will include the number of Subscribers using the service,
the type of problem involved, sources of referral, and other descriptive data. In
making such a report, names and other identifying information will not be used.
M. Client Satisfaction Evaluation. Evaluation of PAS by those
participating in PAS services shall be achieved through anonymous
questionnaires and surveys. CITY and PAS shall develop a mutually acceptable
evaluation feedback system.
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N. Medical Benefit Plan Information. CITY will provide PAS with a
copy of CITY current behavioral health summary plan description and any
changes thereto made during the term of this Agreement as well as other
Subscriber benefit information that will assist PAS in making referrals for
subsequent treatment.
O. Continued Services After Subscriber Separation and/or Contract
Ex�iration/Termination. In the event of contract expiration or termination, PAS
will provide assessment, consultation and follow-up services for those
Subscribers utilizing PAS prior to contract expiration or termination of this
Agreement. Such services will be provided until the case is resolved or
successfully referred. Both parties shall have the right to terminate this
Agreement by giving ninety (90) days written notice to the other.
3.2 Eldercare Consultation and Care Management. Subscribers
requesting assistance with eldercare concerns will be assisted by PAS and its
affiliated staff of geriatric care managers and financial consultants. Elder Care
managers are available to families through telephonic consultation. The benefit
covers up to 2 hours of consultation/care management paid by PAS and is offered at
no cost to the covered Subscriber. Should the Subscriber wish to continue with care
management service for their elderly family member after the initial two hours of
consultation,additional services will be available at a 15% discounted rate. Elder
Care staff may also refer the Subscriber to appropriate licensed and/or accredited
eldercare providers and verify vacancies.
3.3 Child/Elder Care Resource and Referral. PAS Subscribers
requesting assistance with child care concerns will be assisted by PAS and its
affiliated Dependent Care Specialists (DCS) to assess their needs and explore
options. PAS has contracted with a dependent care information and referral
service that maintains a database of state licensed vendors to provide child care
and eldercare services. In addition to sending a detailed list of available care
resources according to geographic request, the benefit also covers an enhanced
personalized Parent Information Packet or Caregiver Information Packet at no
cost to the Subscriber. The service seeks to educate caregivers to make informed
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care decisions. PAS also provides assistance in locating adoption related
resources.
3.4 Legal Consultation. Legal Consultation is provided in partnership
with PAS affiliated attorneys. PAS Subscribers requesting assistance with non-
employment related legal concerns are transferred to our Legal Services Call
Center for an assessment to determine the appropriate services needed to
address the Subscriber's concern. The service options include either a telephonic
consultation with an attorney in their state or a referral for an in-person
consultation with an attorney in the Subscriber's local area. The initial
consultation in both service options is provided to the Subscriber at no cost. If
the Subscriber chooses to retain the services of the in-person attorney any
additional services beyond the initial assessment will be the financial
responsibility of the Subscriber. The in-person attorney will offer the Subscriber
rates at a discount of 25% below their usual and customary fees.
3.5 Tobacco Cessation Coachin�. PAS provides access to smoking
cessation educational programs via online or workbook format designed to help
Subscribers who wish to quit smoking. In addition to the educational materials,
supportive telephonic coaches are available to provide support while Subscribers
progress through the educational modules. PAS also partners with the American
Lung Association to provide employers with smoke-free policy consultation,
educational seminars, on-site group smoking cessation clinics, and promotional
posters. The cost of the initial consultation is paid by PAS. On-going smoke-free
initiatives are offered at a 15% discount.
3.6 Weight and Nutrition Consultation. Participants receive up to 3 hours
of telephonic access to registered and licensed dieticians who provide personalized
guidance to help Subscribers improve their wellness and quality of life.The team of
dieticians provides education and support to help with: managing weight,meal
planning and healthy cooking, developing nutritional strategies to prevent or
control health conditions such as diabetes, osteoporosis,high cholesterol,high
blood pressure,food intolerances,healthy eating for athletes.
3.7 Financial Consultation. PAS provides financial consultation
through a reputable national financial counseling service staffed by qualified
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financial specialists. Participants requesting information and strategic advice
about financial planning priorities, investments,budgeting, debt and loan
consolidation, estate settlements, retirement planning, insurance, tax
considerations, and general financial information receive access to financial
specialists via telephonic consultation. PAS shall require any Participant who
elects to receive Financial Consultation services to sign a form acknowledging
that CITY and/or PAS is not providing said Financial Consultation advice and
that Participant agrees to waive any and all claims against CITY and/or PAS
arising out of losses, costs, damages, claims, injuries, expenses or liabilities
resulting from the Financial Consultation services provided by PAS or its
Affiliate Providers.
3.8 Education Plannin�Services. PAS provides telephone access to a
college specialist to assess and review each caller's situation, discuss the options
available and conduct a thorough research of undergraduate, continuing
education, graduate or vocational/technical school programs that meet the
parameters of the caller's requests. A packet will be mailed to the caller that may
include information on preparing for and financing college, enrollment dates,
costs, application fees, housing, degrees offered, student activities, available
scholarships, financial aid.
3.9 Will Kit.This service provides participants with simple individual and
spousal will kits including: A free Last Will and Testament packet with
downloadable forms and instructions,A free Living Will/Advance Health Directives
packet with downloadable forms and instructions. Once completed,the documents
need to be witnessed and notarized and then kept in a safe place. Participants may
access the PAS Legal Consultation service to answer general questions about wills.
If user's needs and circumstances are beyond the parameters of a Simple Will as
defined by user's state, user will receive a 25% discount from the attorney's hourly
rate if an hourly rate is charged.
3.10 Retirement Consultation. Skilled retirement coaches provide up to 3
hours of telephonic consultation that concentrates on the many areas of retirement
that are non-financial. Participants are supported throughout the consultation
process with educational material and self-study worksheets.
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3.11 Parenting/ Education Consultation. Caregivers of children 0-18 years
of age have the opportunity to receive telephonic consultation with a team of
certified allied health professionals whose expertise includes child development,
behavior modification,speech-language, sensory processing, education (both special
and gifted), and Individualized Education Plan (IEP) processes. After a
comprehensive interview to gather pertinent details of the caregiver's concerns,the
parenting consultants provide information and guidance in understanding typical
and atypical development and suggest strategies and resources to address those
concerns.
3.12 Livin�Well with a Chronic Health Condition. PAS provides telephonic
consultation from chronic disease wellness coaches to assist participants with
chronic illnesses to improve their quality of life.Wellness coaches provide education
and self help tools on health conditions and its management,tips to effectively
communicate with treatment providers,and support to adapt positively to life
changes.
3.13 Identity Theft. PAS provides identity theft assessment services to confirm
whether or not a Subscriber's identity has been stolen. An Identity Theft Recovery
Specialist explains how to prevent identity theft and how to recover from it. Tip sheets,
legal assistance and instruction on restoring identity may also be provided.
3.14 Caregivin�Kit• PAS provides participants with an easy to use
caregiving guide and organizer for family caregivers. The kit helps participants
gather, organize, and store information needed to manage care-giving
responsibilities.
3.15 Career Coachin�. PAS provides telephonic access to skilled career
coaches who guide subscribers through a personal assessment of skills,
competencies and interests using a variety of career measurement tools. This
service includes telephonic consultation in techniques for networking internally
including conferring with management and Human Resources, using posted job
descriptions as a source for exploration, conducting informational interviews to
learn more about CITY functions and preparing for the internal interview.
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3.16 Getting Organized. PAS provides telephonic consultation of up to
three hours with a PAS organizer coach to assist in designing a system to teach
time management skills, develop strategies to organize home or office.
3.17 On-Line EAP Services. PAS provides Subscribers with a variety of
on-line services that include Life Tools Resource Center, management services,
on-line training, legal services, PASWord Express newsletter, workplace support
handouts (illness, death, disaster, drug free workplace, guidelines for substance
abuse referrals, supervisory referral continuum), and PAS-It-On human resource
management newsletters.
ARTICLE IV-LIABILITY
4.1 Insurance. PAS and its Affiliate Providers agree to maintain in
full force and effect during the term of this Agreement, and all subsequent
extensions or renewals hereof, insurance described as follows:
Worker's Compensation-As required by the law of the State in which
they do business.
Public Liability -Limits of not less than$2,000,000.00 per person and
$2,000,000.00 per occurrence and $2,000,000.00 property damage per occurrence
to protect PAS against claims for personal injury to or death of one or more than
one person and property damage claims that may occur as a result of operations
under this Agreement.
4.2 Hold Harmless. PAS agrees to hold harmless CITY, its officers,
directors and Employees, against any and all claims, damages or attorney's fees
caused by any act or omission of PAS, its employees, its Affiliate Providers,
officers, and directors. CIT'Y agrees to hold harmless PAS, its officers, directors
and employees, against any and all claims, damages or attorney's fees caused by
an act or omission of CITY, its employees, officers, and directors. The parties'
obligations under this paragraph shall be paid solely from the proceeds of
liability insurance policies maintained by the respective parties.
ARTICLE V- COMPLIANCE WITH LAW
5.1 Com�liance. PAS, its employees, Affiliate Providers and affiliates
shall comply with all Federal, State and local laws, ordinances and regulations
applicable to the services performed under this Agreement.
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5.2 Choice of Law. The laws of the State of Missouri shall govern this
Agreement.
ARTICLE VI - GENERAL TERMS AND CONDITIONS
6.1 Nondiscrimination of Em�loyment. PAS shall not discriminate
against any employee or applicant for employment because of race, religion, sex,
age, marital status, veteran's status, national origin, or handicap. PAS shall take
affirmative action to insure that employees are treated during their employment
without regard to race, religion, sex, age, marital status, veteran's status, national
origin, or handicap. Such action shall include, but not be limited to, the
following: employment upgrading, demotion or transfer; rates of pay or other
forms of compensation; and selection for training including apprenticeship.
6.2 Inde�endent Contractor. The relationship of PAS to CITY shall be
that of an Independent Contractor and no principal-agent or employer-employee
relationship is created by this Agreement.
6.3 Assignment of Agreement. This Agreement is not assignable by
either party without written consent of the other;but this clause shall not be
deemed to preclude PAS from contracting with Affiliate Providers as set forth in
Article III, Section 3.1, Paragraph G above for services to be rendered to
employees in geographic areas where PAS does not have employees.
6.4 Changes in Agreement. This Agreement may be amended only
upon the written agreement of CITY and PAS. Notice to the parties shall be
mailed to their respective principal offices. Notice to CITY shall be sent to the
attention of the EAP Plan Administrator (as set forth in Article III, Section 3.1,
Paragraph J. above) and notice to PAS shall be sent to the attention of the
President.
6.5 Co�yright Notice. CITY agrees to apply the proper copyright notice
as required by PAS upon the title page or other designated location of any
training manuals or other authored works prepared by PAS that incorporates
PAS copyrighted materials, as supplied to CITY under the terms and conditions
of this Agreement. Such notice as advised shall be applied to all said materials
for CITY usage in performance under this Agreement, and said notice shall be
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imprinted upon all of the original materials, or any subsequent printings thereof,
made under this Agreement.
6.6 Extraordinary Circumstances. Neither party hereto shall be held
responsible for delay or failure to perform hereunder when such delay or failure
is due to fire, flood, epidemic, strikes, acts of God or the public enemy, unusually
severe weather, legal acts of public authorities, or delays or defaults caused by
public carriers, or other circumstances which cannot reasonably be forecast or
provided against.
6.7 Severabilitv. All agreements and covenants contained herein are
severable and in the event any of them shall be held to be invalid by any
competent court, this contract shall be interpreted as if such invalid agreements
or covenants were not contained herein.
6.8 Benefit. This Agreement shall be binding upon and shall inure to
the benefit of the parties and their respective legal representatives and assigns.
No person not a party to this contract, including Subscribers, shall have any
ability to enforce the terms hereof, or claim any legal right hereunder, it being the
intent of the parties hereto to negate any such third-party beneficiary claim. CITY
warrants and represents that it has full authority to act on behalf of all its
subsidiaries, as the same may be constituted from time to time, with respect to all
matters herein contained.
6.9 Standard Form Contract. This Contract is a standard form
prepared by PAS. If any of the terms hereof are varied in any manner, whether
by insertion, deletion or otherwise, this Agreement shall not be binding upon
PAS until the changes are reviewed and approved by PAS' legal counsel or
executed by PAS.
6.10 The terms and provisions of Article III, Section 3.1, Paragraph B
and 4.2 shall survive the termination of the Agreement.
6.11 Entire Agreement. This Agreement contains the entire understanding
of the parties with respect to its subject matter and may not be amended,
modified, altered or varied except by an agreement in writing signed by the
parties. All prior representations whether written or verbal are merged herein.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
as of the day and year first above written.
PREFERRED RESOURCE NETWORK, THE CITY OF CAPE GIRARDEAU
INC. dba PERSONAL ASSISTANCE
SERVICES
�J .
BY: �' B
Its: President Its: i,-,.
DATE: DATE: �/a-y /�,
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