HomeMy WebLinkAbout2002-043 - Contract with New Directions Behavioral Health LLC for Employee Assistance ProgramsBILL NO. 2002-43
ORDINANCE NO. 2002-
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH
NEW DIRECTIONS BEHAVIORAL HEALTH, L.L.C. 'CO PROVIDE EMPLOYEE
ASSISTANCE PROGRAMS FOR THE EMPLOYEES OF THE CITY OF RIVERSIDE,
MISSOURI
SECTION 1. The Mayor is hereby authorized to enter into a contract with
New Directions Behavioral Health, L.L.C., Leawood, Kansas
to provide employee assistance programs for the employees of the
City of Riverside, Missouri.
SECTION 2. This agreement will remain in effect from March 1, 2002 through
June 30, 2002 and year to year thereafter until terminated by either party.
SECTION 3. The tee is based on 40 employees with the being $252.67 for the
Period of March 1, 2002 through June 30, 2002. The annual billing
will be $758.00.
SECTION 4. Fees are to remain unchanged for first contract year; however, billing
is subject to change if the employee count increases or decreases by
10°le or greater.
PASSED THIS 19~~~ DAY OF MARCH, 200?.
Mayor Bett Burch
ATTF,ST:
Louise Rusick, City Clerk
EMPLOYEE ASSISTANCE PROGRAM AGREEMENT
THIS AGREEMENT, made this 1 day of March, 2002, by and between New Directions
Behavioral Health, L.L.C., Leawood, Kansas, hereinafter designated "New Directions" and City of
Riverside 2950 NW Vivion Road, Riverside, MO 64150, hereinafter designated "City of Riverside".
WHEREAS, New Directions provides Employee Assistance Programs, hereinafter
designated as "EAP", for the employees of business and governmental organizations.
WHEREAS, City of Riverside desires that an EAP should be available to its employees.
WITNESSE'I'H: That for and in consideration of the mutual promises herein contained, it
is understood and agreed as follows:
1. RESPONSIBILITIES OF NEW DIRECTIONS
a. Maintain a dedicated toll-free number 24 hours, 7 days per week, 365 days per year
for access by City of Riverside employees and their benefit-eligible dependents, and
New Directions Providers in City of Riverside's geographic area.
b. Assist in the introduction of an Employee Assistance Program for City of Riverside and
the development of supporting information for the program. This shall include
working with City of Riverside management and appropriate staff such as human
resources, medical, risk management and public relations.
c. Assist in initial orientation training for City of Riverside management and employees
according to schedules and at locations mutually agreed upon. Based on 32
employees, orientation will include a maximum of one (1) on-site session, including
management/supervisory training and employee sessions. Additional sessions will be
charged on afee-for-service basis, see Attachment B. Training after initial roll out will
be included in the hours of education specified in ld.
d. Additional educational training hours will be billed on afee-for-service basis, see
Attachment B.
e. Provide assistance to City of Riverside e mployees and members of their families
through (up to) six (6) individual interview and/or counseling sessions per incident.
Such sessions will be in response to supervisors, management, or self-referrals.
(Fitness for duty and disability evaluations not included).
f. Where indicated, refer City of Riverside employees to other agencies and individuals
for assistance. In making such referrals to other agencies, due regard will be given to
the appropriateness of the referrals in view of the need, location, cost and available
resources; also, City of Riverside employees will be advised by New Directions that
they and not New Directions shall be responsible for payment of all costs and fees of
such agency for services rendered to them.
g. Upon request, consult with individual City of Riverside supervisors regarding
workplace situations and potential or actual management referrals.
h Diorec io slby employeese Such eportslshalpinclude thel ember oflemployees who
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Employee Assistance Program Agreement..,
have participated in New Directions, but shall not include any information which
might be used to identify an employee as a participant in New Directions EAP or which
describes the problems or treatment of a specific employee, except as required by
federal or state law.
i. Designate an account manager of New Directions to represent New Directions to City
of Riverside in the day-to-day contact regarding the services covered by this
Agreement.
j. Represent and warrant that all of the aforesaid services and treatments to be rendered
will be conducted by duly qualified personnel, as represented to New Directions in the
credentialing process, and that any and all referrals made by New Directions will be to
such duly qualified personnel.
k. Prepare and obtain a consent form from each participating City of Riverside employee
prior to the release of any information concerning the employee, except where
stipulated by Federal and State laws. A New Directions EAP clinician will explain such
form to each participating employee.
2. RESPONSIBILITIES OF CITY OF RIVERSIDE
a. Provide such meeting places and facilities as may be required for planning and
evaluation meetings, group orientation sessions and individual conferences with
supervisors.
b. Assume responsibility for scheduling and notifying participants of such meetings.
c. Arrange for new employees to be oriented with the program after being hired.
d. Provide internal and external publicity and communications appropriate to launch
and maintain the program.
e. Designate an employee of City of Riverside to be the coordinator of the Program
and as such to represent City of Riverside to New Directions in the day-to-day
contacts regarding services covered by this Agreement.
f. Provide pertinent policy and procedure information, including insurance benefit
coverage to New Directions.
g. Pay New Directions a fee upon the receipt of a written statement. The annual fee
shall be the annual fee for all City of Riverside employees regardless of whether or
not any covered employee has actually participated in New Directions. See
Attachment B for fee schedule. This fee is inclusive of all of New Directions
expenses, including insurance premiums, transportation and preparation of
reports.
h. On an annual basis, provide to New Directions an employee list representing
actual employee population within a five (5) percent accuracy range.
3. TERMS AND TERMINATION OF AGREEMENT
a. This Agreement will remain in effect from March 1, 2002 through June 30, 2002
and year to year thereafter until terminated by either party pursuant to paragraph
b below.
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Employee Assistance_Program Agreement, _.
b. This Agreement may be terminated any time by either party hereto upon ninety
(90) days advance written notice to the other party. Upon notice of such
termination, neither party, however, shall be relieved from performing the
covenants herein contained during such 90-day period, except that New Directions
shall be relieved of performing services hereunder if termination is the result of a
default in payment for services rendered.
4.
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c. In the event of such termination, payment of the charges will be continued
through the notice period to the date of conclusion of service.
ARBITRATION
a. If there is any dispute between City of Riverside and New Directions arising out
of or related to this Agreement or their rights under this Agreement, that dispute
will be submitted to arbitration.
b. Each party will select an arbitrator and the third will be elected by the two
designated arbitrators. If there is no agreement, the President of the American
Arbitration Association will select the third arbitrator.
c. The arbitrators shall follow the rules of the American Arbitration Association. A
majority decision by the arbitrators and umpire will be final and binding on both
parties. Judgment may be entered upon the final decision of the arbitrators in
any court having jurisdiction. The cost of the arbitration will be paid by the
losing party, unless the arbitrators decide otherwise.
CONFIDENTIALITY
a. Information that identifies an individual covered by the EAP shall be kept
confidential in accordance with state and federal regulations. New Directions
shall take all reasonable precautions to prevent disclosure or use of the
information for a purpose unrelated to administration of the EAP. New
Directions shall disclose such information only when needed to perform its
obligations under this Agreement; in response to a court order; at the request of
an authorized regulatory agency; or, with the written consent of the identified
individual or his legal representative.
b. Each party recognizes that in the course of performance of this Agreement that it
may become aware of information that the other party deems confidential
and/or proprietary. Each party agrees that it will not actively seek out financial,
marketing or contractual information that a party would reasonably know to be
confidential information or a trade or proprietary secret, except to the extent
reasonably necessary to allow the party to perform its duties under this
Agreement. In the event that a party becomes aware of such data or
information, from whatever source or for whatever purpose, each party agrees
that it shall hold such information to be confidential and shall not reveal such
information to any third party for any purpose without written consent of the
other party. Each party agrees that this provision survives termination of the
Agreement and inures to the benefits of the parties, their successors and
permitted assigns.
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c. For purposes of this Agreement, proprietary and confidential information will
include all internal business practices and business records, including, but not
limited to, information concerning products, pricing, fees, capitation, contracts,
or business methods, in any form whatsoever.
d. Upon request, each party will promptly return to the disclosing party all
documents and materials (and all copies thereof) containing any confidential or
proprietary information of the disclosing party.
6. GENERAL PROVISIONS
a. Relationship Between Parties: The parties hereto are independent contractors
and are not, and shall not be deemed for any purpose, to be joint ventures. No
party shall hold itself out as the partner or agent of the other party or make
representations or warranties on behalf of the other party, except as otherwise
expressly agreed. It is understood that New Directions is a managed care
organization, which does not provide direct medical care. New Directions may
arrange for counseling services to be delivered by its employees or credentialed
affiliate providers when it deems such services appropriate.
b. Severability: If any part, term or provision of this Agreement is held by a court
of competent jurisdiction to be illegal or unenforceable, the validity of the
remaining provisions of this Agreement shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if this Agreement
did not contain the particular part, term or provision held to be invalid. It is
provided, however, that the basic purposes of this Agreement must be achievable
through the remaining valid provisions.
c. Caption 8r, Headintrs: The captions and headings throughout this Agreement are
for convenience and reference only. The words of the captions and headings
shall not be construed to be part of the binding provisions of this Agreement.
d. Trademarks and Symbols: City of Riverside and New Directions reserve the right
to control the use of their respective names and any of their respective symbols,
trademarks and service marks, presently existing or subsequently established.
City of Riverside and New Directions agree not to use words, symbols,
trademarks, service marks and other devices including the corporate name of
the other in advertising, promotional materials or otherwise, without the prior
written consent of the other. City of Riverside and New Directions will cease any
previously approved usage immediately upon termination of the Agreement. City
of Riverside and New Directions further agree that any advertising, promotional
materials or other items which include the name of City of Riverside or New
Directions are the property of the appropriate namesake and will be returned to
the owner either upon request or at termination of the Agreement.
e. Non-compete: Neither party shall recruit or hire any employee or affiliate
provider of the other party during the term of this Agreement or for a period of
12 months after its termination without the written consent of the other party.
f. Waiver: Failure b_y City of Riverside, New Directions or both to insist upon
compliance with any term or provision of this Agreement at any time or under
any set of circumstances will not operate to waive or modify that provision or
render it unenforceable at any other time whether the circumstances are or are
not the same. No waiver of any of the terms or provisions of this Agreement will
Employee Assistance Program Agreement ,_,__ _ _ , ,_ _.-, Page 4 __
be valid or of any force or effect unless in each instance the waiver or
modification is contained in a written memorandum expressing such alteration
or modification and executed by City of Riverside and New Directions.
g. Complete Agreement: This Agreement and any attachments or amendments to it
constitutes the entire Agreement between the parties. The representations,
warranties, covenants, and agreements set forth herein constitute all of the
representations, warranties, covenants, and agreements between the parties and
upon which the parties have relied. All prior agreements, either oral or written,
relating to the subject matter of this Agreement, not expressly set forth herein,
are of no force or effect.
h, Amendment: This Agreement may be amended at any time by written agreement
between City of Riverside and New Directions.
i, Governing Law: This Agreement shall be governed by, construed and interpreted
in accordance with the laws of the State of Missouri.
j, Survival: All representations and warranties made in this Agreement and all
terms and provisions hereof intended to be observed and performed after the
termination hereof, shall survive such termination and continue, thereafter, in
full force and effect.
k. Counterpart Agreements: This Agreement may be executed in counterparts,
each of which shall be deemed to be an original, but all of which together shall
constitute one and the same agreement.
1, Notices: All notices required to be given hereunder shall be made in writing and
shall be deemed sufficiently given if delivered in person or mailed by first class
registered or certified mail, to the following addresses:
If to New Directions: If to City of Riverside
New Directions Behavioral Health
PO Box 6729
Leawood, Kansas 66206
City of Riverside
2950 NW Vivion Road
Riverside, MO 64150
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EmRloyee Assistance Program Agreement _ ,- --- __
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
New Directions Behavioral Health, L.L.C.
By,: -' ~
'Citle: %~l~ ~ /~aG'
Date:
City of Riverside
- -~. /~ ,,
By: ~
Pitle:~ ~'(~ M i-N ~ S Ti°~Fi 7~~
Date:
Employee_Assistance Program-Agreement ,_ - __- --. -- -- -- - -- -rage o
ATTACHMENT A
Provide assistance related to the Omnibus Transportation Employee Testing Act of 1991
("Act"), and the regulations issued there under by the Department of Transportation, to
implement and maintain an alcohol misuse prevention program for its employees.
1. New Directions EAP will offer the following services to City of Riverside
and its employees to enable City of Riverside to meet the requirements of
the Act:
• Evaluating covered employees who violate the rules of the Act.
Referring employees for necessary treatment.
• Evaluating employees following treatment, to determine whether
the employee has successfully complied with the treatment
program.
• Recommending follow-up testing of employees as indicated.
2. Employee is responsible for his/her compliance with the Act, is responsible
for performance of all requirements of the Act and is responsible for
payment of all treatment services rendered.
3. Employer is responsible for payment of all testing conducted under the
Act.
4. The parties agree that New Directions EAP, through its performance of the
functions listed above, does not guarantee to City of Riverside or to
employee, any particular results from employee's participation in the
program; that New Directions EAP does not guarantee to City of Riverside
or its employees the continued eligibility for employment of employee upon
employee's completion of this program; that, other than for professional
liability issues of it's employees or agents, New Directions EAP shall have
no liability under the Substance Abuse Program; and that City of
Riverside legally responsible for the implementation of the program as
required by the Act.
_ __ Employee_Assisfance Program Agreemenl Page 7
City of Riverside
ATTACHMENT B
New Directions Employee Assistance Program
Contract Period: March 1, 2002 to June 30, 2002
Fee: Based on 40 employees, the annual fee will be as follows:
$18.95 per employee per year x 40 employees = $ 758.00 per year
(This represents the annual fee for EAP services)
Less $9.96 per employee per year x 0 employees = $ 0
(This represents the annual MARCIT contribution)
Total $ 758.00 Payable to New Directions
Payment: New Directions Employee Assistance Program will invoice City of Riverside
$252.67 for the period of March 1, 2002 through June 30, 2002.
Based on 40 reported employees, the annual billing will be
$ 758.00. Possible annual increases are capped at 5% per year,
based on annual review of utilization and administrative costs.
Payment is due 30 days after receipt of Invoice.
Terms: Fees are to remain unchanged for first contract year; however, billing is
subject to change if the employee count increases or decreases by 10% or
greater.
Hourly Pricing for Additional Services
On-site training $100 per hour
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Emergency on-site intervention $150 per hour
("CISD," less than 72 hours notice)
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DOT/SAP for Full-Service Clients $150/hr
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DOT/SAP for Assess and Refer Clients $250/hr
_Emplgyee As_sstan~eJ?rogramAgrQement. _,._ . - rage a -- -- --