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HomeMy WebLinkAboutContract 37224 ; 1 Y SECRETARY RESOURCES FOR LIVING SERVICES AGREEMENT This Service Agreement ("Agreement") is made and entered into by and between the City of Fort Worth, Texas with its principal offices located at 1000 Throckmorton Street, Fort Worth, Texas 76102 (herein referred to as the "City"), and Resources For Living, Ltd., with principal offices located at 4407 Monterey Oaks Blvd., Suite 150, Austin, TX 78749 (herein referred to as the "RFL"), separately referred to as a "Party" collectively referred to as the "Parties." RECITALS WHEREAS, RFL is a provider of certain Professional Services in the areas of employee assistance, behavioral health, and productivity related services; and WHEREAS, the City desires RFL to provide some or all of these services to its employees and direct family members; NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,both Parties agree as follows: 1. Services: The scope of services (the "Services") to be provided by RFL is more fully set forth in "EXHIBIT A" attached hereto and expressly made a part of this Agreement. RFL shall perform all Services hereunder with care, skill, prudence, and diligence, in accordance with customary practices and industry prevailing standards, and in compliance with all applicable laws, rules and regulations. The City shall make commercially reasonable efforts to promptly provide RFL with such information as may be reasonably requested by RFL in order to perform Services hereunder. 2. Term: The initial term of this Agreement shall begin on January 1, 2007 (the "Effective Date"). Thereafter, this Agreement shall automatically renew for three (3) additional one (1) year periods. 3. Termination RFL-CFW Agreement.DOC Page 1 of 16 (a) For Convenience: At any time both RFL and the City, respectively, may terminate this Agreement in whole or in part, with or without cause upon sixty (60) days written notice of intention to terminate to the other Party, in which event this Agreement shall be terminated as provided in the notice effective on the date specified therein (the "Termination Date"). If so terminated, neither Party shall have any further liability or obligation to the other after the Termination Date except for compensation or cost reimbursement then due the City or RFL, if any, in accordance with the terms and conditions of this Agreement and any other specific commitments in this Agreement that survive such termination. (b) Non-Appropriation of Funds: In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, including the initial term or any subsequent renewal term, the City will notify RFL as soon as reasonably possible prior to such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. (c) Return of Information: Upon termination or expiration of this Agreement, all documents, materials, or other information provided by the City to RFL for the purpose of rendering Services pursuant to this Agreement shall be returned to the City at no additional cost to the City. 4. Definition: Unless otherwise noted, as used throughout this Agreement, the term "days" means calendar days, excluding City holidays. 5. Basic Compensation Fee: In exchange for the Services described in EXHIBIT A of this Agreement, RFL shall be compensated at regular monthly intervals at a rate that will be calculated by multiplying the number of employees eligible for services under this Agreement by the rate per employee. Within 5 days of the end of each calendar month, the City shall provide RFL with a report (via e-mail or fax) setting forth the total number of employees eligible for services at any time during the previous month. RFL shall invoice the City based on the number of employees described in the report. Payments will be due to RFL within thirty (30) calendar days of receipt by the City of the invoice. Upon RFL-CFW Agreement.DOC Page 2 of 16 automatic renewal of this Agreement, as outlined in Section 2, the initial payment rate per employee per month ("PEPM") may be increased for any change in the year over year CPI index for the Dallas / Fort Worth Metroplex (urban wage earners) area as announced by the U.S. Department of Labor or successor agency. However, any increases shall not exceed five percent (5%) of the PEPM paid by the City during the immediately proceeding twelve (12) month period. The initial PEPM will be $1.12. Additional Services provided under Exhibit A may be requested by the City on a case-by-case basis. All requests for additional services will be made in writing to RFL. On these occasions, RFL will provide itemized estimates for the requested additional services. Payments for additional services will be paid within thirty (30) days of receipt by the City of RFL's invoice. 6. Payment Terms: Payments are to be directed to RFL as follows: Electronic Payments: Resources for Living, Ltd. RFL will provide specific information for electronic transactions upon execution of this Agreement. Mail: Resources for Living, Ltd. P.O. Box 973615 Dallas, TX 75397-3615 7. Taxes: RFL will be responsible for payment of all federal, state, and local taxes on payments received from the City. RFL agrees and acknowledges that the City is a tax exempt entity and shall not be liable for any taxes pursuant to this Agreement. 8. Liability and Indemnification: RFL SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND / OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY FIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES RFL-CFW Agreement.DOC Page 3 of 16 DESCRIBED IN THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF RFL, ITS SUBCONTRACTORS, OFFICERS,AGENTS, SERVANTS OR EMPLOYEES. RFL COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO RFL'S BUSINESS AND ANY RESULTING LOST PROFITS) AND / OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES DESCRIBED IN THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF RFL, ITS SUBCONTRACTORS, OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9. Compliance with Laws: RFL shall comply with all applicable federal, state, and local laws, and ordinances, rules and regulations of the City. If the City notifies RFL of any violation of such laws, ordinances, rules or regulations, RFL shall make every reasonable attempt to immediately desist from and correct the violation. 10. Insurance: RFL shall maintain coverage for insurance pursuant to this Agreement as set forth below: Upon request, RFL shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: RFL-CFW Agreement.DOC Page 4 of 16 10.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $1,000,000 Aggregate (b) Automobile Liability $250,000 Bodily Injury per person $500,000 Bodily Injury per occurrence $100,000 Property Damage Coverage shall be on any vehicle used by RFL, its employees, agents, or representatives in the course of the providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non-owned. (c) Worker's Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Disease-policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. (d) Professional Liability (Errors & Omissions) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit The City shall also have the right of Subrogation with respect to all RFL insurance policies described herein. 10.2 Certificates. RFL-CFW Agreement.DOC Page 5 of 16 If requested, Certificates of Insurance evidencing that RFL has obtained all required insurance shall be delivered to the City. All policies shall be endorsed to name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officials, agents, and volunteers in respect to the contracted services. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. A minimum of thirty (30) days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of a premium. Any notices shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 11. Non-Discrimination Covenant: RFL, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of RFL's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by the laws of the United States or the laws of the state of Texas. If any claim arises from an alleged violation of this non- discrimination covenant by RFL, its personal representatives, assigns, subcontractors or successors in interest, RFL agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 12. Severability: Should any provision(s) contained in this Agreement be held to be invalid, illegal or otherwise unenforceable, the remaining provisions of the Agreement shall be construed in their entirety as if separate and apart from the invalid, illegal or unenforceable provision(s), subject to renegotiation by the Parties if a material change in the terms of the Agreement were to result. 13. Intellectual Property: RFL is and shall remain the sole and exclusive owner of all copyrights, trademarks, service marks, confidential information, trade secrets and other intellectual property rights related to the operation and delivery of services under this Agreement. RFL-CFW Agreement.DOC Page 6 of 16 14. Relationship of the Parties: The relationship of the Parties hereto is that of independent contracting parties and is not and shall not be deemed to be any other relationship, including without limitation, that of joint venture, partners,joint employers or principal and agent. 15. Assignment: This Agreement and any rights pursuant hereto shall not be assignable by either Party in whole or in part without the prior written consent of the other Party, which shall not be unreasonably withheld. 16. Confidentiality: Neither RFL nor the City shall disclose any employee information, policy, procedure, cost and terms of services, document or fact pertaining to the other arising out of the negotiation, administration, or ongoing coordination of the services provided in this Agreement, to any third party, except as may be required to be reported by law, ruling or court order. RFL and its counselors/consultants will not communicate any information identifying an individual utilizing its services to any employee of the City, any employee's family, or any other persons outside of RFL, except as follows: a. When state or federal laws require the disclosure of information regardless of the individual's permission. Such instances may include, but are not limited to; the suspicion of physical or sexual abuse of a child or vulnerable adult; a threat of harm to oneself or another person; the issuance of a subpoena by a court of law; or pursuant to Chapter 552 of the Texas Government Code. b. When a referral is made, and permission to exchange information with the service providers is granted by the referred individual of legal age. c. When assistance to an employee is requested by the City, RFL will request a release of information from the employee allowing communication between RFL and the City. If the employee declines to sign a release of information form, then RFL cannot confirm or deny to the City that the employee has contacted RFL. At that point, the City may request such a release allowing RFL to communicate with the City. RFL-CFW Agreement.DOC Page 7 of 16 17. Refusal or Termination of Service: RFL will have the right to reasonably decline or terminate services to individuals in order to comply with legal and ethical requirements or when an individual exhibits sexually inappropriate, abusive, or threatening behavior to RFL staff. In instances of a "mandatory referral," the City shall first provide RFL with written notification using RFL's standard "Supervisory Referral Form." Thereafter, if RFL reasonably declines or terminates services pursuant to this paragraph prior to completion of the recommended treatment by RFL, RFL shall notify the City in writing within twenty-four (24) hours of such denial or termination of services, and list the specific reasons for such denial or termination of services. 18. Protected Health Information: Pursuant to Section 16 of this Agreement, RFL acknowledges that in connection with its engagement by the City it may have access to confidential protected health information ("PHI"), consisting of individually identifiable health information created, maintained or transmitted by, or on behalf of, any group health plan (including any medical care reimbursement account under a flexible spending account plan) sponsored by the Employer. RFL agrees to protect PHI in accordance with its obligations under the Health Insurance Portability and Accountability Act of 1996, as it may be amended from time to time ("HIPAA"), as set forth in Title 45, Parts 160 and 164 ("Privacy Rule"), or any other applicable laws intended to protect the health information of individuals. 19. Dispute Resolution / Mediation: In the event of any dispute or controversy between the Parties arising out of or in connection with this Agreement, or with regard to performance of any obligation hereunder by either Party, the Parties shall use reasonable efforts to settle such dispute or controversy amicably by good faith negotiation for a period of 30 days ("Negotiation Period"), commencing upon the receipt of written demand for negotiation setting forth the basis of the dispute. After the expiration of the Negotiation Period, either Party may commence non-binding mediation to resolve such dispute as set forth below: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, may be submitted to mediation pursuant to the Commercial Mediation Rules of the American Arbitration Association. The place of mediation will be Tarrant County, Texas. A mediator shall be RFL-CFW Agreement.DOC Page 8 of 16 jointly agreed to by both Parties with such mediator having expertise in the type of services contemplated in this Agreement. Either Party may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that Party. Each Party will bear its own costs and expenses. The failure of either Party to object to a breach of this Agreement will not prevent that Party from thereafter objecting to that breach or any other breach hereof. Notwithstanding this Section 19, nothing in this Agreement shall prevent either Party from asserting any rights or protections it may otherwise have under the law after the expiration of the Negotiation Period. 20. Public Information/Open Records: RFL understands and acknowledges that the City is a public entity under the laws of the State of Texas, and as such, all documents and data held by the City are subject to disclosure under Chapter 552 of the Texas Government Code, the Texas Public Information Act (the "Act"). If the City is required to disclose any documents that may reveal any RFL proprietary information to third parties under the Act, or by any other legal process, law, rule or judicial order by a court of competent jurisdiction, the City will utilize its best efforts to notify RFL prior to disclosure of such documents. The City shall not be liable or responsible in any way for the disclosure of information not clearly marked as "Proprietary / Confidential Information" or if disclosure is required by the Act or any other applicable law or court order. In the event there is a request such information, it will be the responsibility of RFL to work with the City to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by the City, but by the Office of the Attorney General of the State of Texas, or by a court of competent jurisdiction. 21. Governing Law / Venue: This Agreement and any transaction between the City and RFL will be governed and construed in accordance with the laws of the State of Texas applicable to contracts executed and performed entirely within that state. Venue for any action brought pursuant to this Agreement shall be in state courts of Tarrant County, Texas or the district courts of the Northern District of Texas, Fort Worth division. 22. Entirety of Agreement: This document contains the entire agreement among the Parties hereto with respect to the matters set forth herein, and RFL-CFW Agreement.DOC Page 9 of 16 supersedes any and all prior representations or understandings between them. In the event of an inconsistency between the terms of the proposal and this Agreement, the terms of this Agreement shall prevail. 23. Force Majeure: Neither Party will be liable for, or will be considered to be in breach of or in default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party's reasonable control including, but not limited to, acts of God or nature, fires, floods, storms, earthquakes, riots, strikes, terrorist attacks and wars or restraints of government. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event. 24. Amendments: This Agreement may only be amended in a written document mutually signed by both Parties. 25. Right to Audit: RFL agrees that the City shall, until the expiration of two (2) years after final payment under this contract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of RFL involving transactions relating to this Agreement at no additional cost to the City, but not more frequently than once in any twelve (12) month period. However, in the event the City determines that an audit is required more than once within a twelve (12) month period, the City shall be responsible for all reasonable costs related to subsequent audits. RFL agrees that the City shall have access during normal working hours to all necessary RFL facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give RFL reasonable advance notice of intended audits. It is further understood that The City shall not have access to individual client file information unless the appropriate releases have been provided by the client. RFL further agrees, until the expiration of two (2) years after the final payment under this Agreement, to allow the City access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records related to subcontractors involved in transactions related to this Agreement, at no cost to the City. RFL-CFW Agreement.DOC Page 10 of 16 26. Waiver: The failure of the City or RFL to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or RFL's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 27. Notices: All contractual related notices or other communications required by this Agreement or by law to be served, given, or delivered to either Party hereto by the other Party to this Agreement shall be in writing and shall be delivered via U.S. certified mail or overnight courier service at the address set forth below, with written proof of such delivery. No legal notice is acceptable by facsimile or e-mail. If to the City: If to RFL: Dr. Deborah Cuffee Mr. Marcus Hector City of Fort Worth Resources for Living, Ltd. 1000 Throckmorton Street 4407 Monterey Oaks Blvd., Suite 150 Fort Worth, Texas 76102 Austin, TX 78749 28. Document Execution: This Agreement has been read, understood, and accepted by a representative of each Party having the authority to enter into this Agreement on behalf of the Party represented, and with each Party having an opportunity to consult with anyone of their choice. The Parties expressly warrant and represent that no promise, inducement, representation, or agreement which is not herein expressed has been made which affects their execution of this document, and that none of the undersigned Parties are relying on any statement or representation of the other Party but is instead relying on his or her own judgment. It is understood by both Parties that should any conflict exist between this Agreement and the City of Fort Worth Standard Purchasing Terms and Conditions, that this Agreement shall be the controlling document. 29. Parties Bound: This Agreement shall inure to the benefits of, and shall be binding upon, the heirs, assigns, and successors of the Parties hereto. 30. Headings Not Controlling: Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. RFL-CFW Agreement.DOC Page 11 of 16 31. Review of Counsel: The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement or exhibits hereto. [Signature Page Follows] RFL-CFW Agreement.DOC Page 12 of 16 IN WITNESS WHEREOF, This Agreement has been executed in multiple originals and the Parties hereby acknowledge and agree to the foregoing. City of Fort Worth (City) Resources for Living, Ltd. (RFL) By: /1 �1'// By:fl3aA—t1 Ve Na e: Karen L. Montgomery Name: Marcus Hector Title: Assistant City Manager/CFO Title: Chief Financial Officer Date: f A¢ Date: 3 /S /0 6 Attest: Attest: B fNt--' B Y Y• Marty Hen rix Name: City Secretary Title: Approved as to Form and Legality: B :Irv" Approval Recommended: Maleshi B. Farmer Assistant City Attorney By: Karen Marshall Date: ��� (� Human Resources Director Date: Ze/4 O 0 Contract Authorization: M&C: C-21893 Date Approved: 12/19/06 J GPI ��.. two�_•1� a,�b`7 v�.J RFL-CFW Agreement.DOC Page 13 of 16 EXHIBIT A BASIC SERVICES For the Basic Compensation Fee (the PEPM), RFL shall furnish all personnel, material, and resources necessary to provide the services to the City as outlined below. In performance of these services, RFL shall coordinate, cooperate, and fully communicate with the designated representatives of the City. The services include, but are not limited to the following: 1. GENERAL TELEPHONIC SERVICES: RFL will provide a designated toll free number for employees who are eligible to receive services under this Agreement. Employees will have access to RFL's behavioral health services for scheduling and crisis support services on a 24/7 basis. The service is designed to be a resource for emotional wellness and to educate, counsel/consult via the telephone. The behavioral health specialists will use their best efforts to provide information, education, consulting and/or referrals to employees and their dependants who are having personal and/or professional concerns. 2. MANAGEMENT SPECIFIC SERVICES: RFL will also provide telephonic consultation and training to managers and supervisors to assist them in considering or making necessary referrals for employees whose personal concerns affect their job performance. These services typically include: telephonic Critical Incident Stress Management ("CISM") to address Major accidents or injuries in the workplace, Workplace Violence, Natural Disasters, Grief and Loss, and reduction in force. 3. FACE-TO-FACE SERVICES: In addition to the telephonic services listed in Sections 1 and 2 of this Exhibit A, RFL will provide up to six (6) sessions per presenting issue to an employee of the City that would prefer to meet on a face-to-face basis with a behavioral health specialist. 4. FINANCIAL AND LEGAL SERVICES: RFL will provide to the City employees access to Legal and Financial services. Each employee shall be entitled to one thirty-minute telephonic or in office consultation with an RFL-CFW Agreement.DOC Page 14 of 16 attorney at no charge on an unlimited number of separate legal matters per year. 5. WEBSITE: RFL will provide its standard website which provides the users with a variety of resources, including articles and links, childcare and eldercare locaters, assessments, online financial calculators and planning materials and tools to support health and wellness. 6. PROMOTION OF SERVICES: RFL will promote and market the services herein as a component of its own services with its distinct brand identification. RFL will provide standard communications and promotional materials that can be customized on a fee for service basis. Promotional material to help promote the employee assistance program ("EAP") to managers within the City can be provided electronically (options for camera-ready/print ready artwork) or in print format depending on quantity and frequency. Available materials include (but are not limited to): Brochures, Flyers, Payroll Stuffers, Newsletters, E- mailed Monthly Topics, Tear-Offs, Topical Articles, Resource Sheets, Care Kits and more. 7. PRIMARY CONTACT: RFL shall assign a Corporate Relations Manager as its primary contact for the administration of this Agreement. 8. REPORTING: RFL will provide a quarterly Return on People Scorecard® (ROP) which will show utilization data of the Services which are collected by RFL. In the ROP, RFL will always honor the individual client's confidentiality, pursuant to the conditions stated in the "Agreement for Services." The ROP scorecard may include but is not limited to: activities, the number of calls for help, the type of callers that are using the service, and an analysis of trends or employee feedback. ADDITIONAL SERVICES (fee for service) 1. CRITICAL INCIDENT WORKSITE INTERVENTION: Work Site Intervention includes coaching/crisis management briefings with managers, providing psycho-education, grief and loss intervention, running small debriefing groups, meeting with individuals (employees or RFL-CFW Agreement.DOC Page 15 of 16 family members), and helping assess further response needs. Upon approval for this response, a certified critical incident professional from RFL will be on-site typically within 24 hours. This level of response is priced at$1,250 per counselor per day plus travel expenses. 2. CRITICIAL INCIDENT STRESS MANAGEMENT: On a per incident basis, RFL will provide On-Site Individual and Group Debriefings including deploying a community based, trained trauma professional from a network of local providers to conduct on site trauma debriefings with designated groups or individuals. a. On site within 24 hours of notification, $225 per hour, plus applicable travel time and travel expenses. A minimum per case fee of $500 is applicable to this service. b. On site within 4 hours of notification, $325 per hour, including travel time, plus applicable travel expenses. A minimum per case fee of $650 is applicable to this service. c. RFL will work with the City of Fort Worth EAP Manager to recruit preferred on-site providers that have existing relationships with the City and who have responded to traumas in the past. 3. ON-SITE PRESENTATIONS (trainings, seminars): RFL will present on- site presentation of relevant topics (e.g. Work Place Violence). The cost of this service is $500 per session plus travel related costs and other associated costs. 4. SUBSTANCE ABUSE PROGRAM (SAP) SERVICES: RFL will provide the referred City employee SAP services to include assessment, referral, and case management at a rate of $650 plus any applicable travel related costs and other associated costs. The referred employee is responsible for payment in full of all SAP services provided. RFL-CFW Agreement.DOC Page 16 of 16 City ®f Fort Worth., Teiras Mayor and Counmfl �;ommum'cO'Han COUNCIL ACTION: Approved on 12/19/2006 DATE: Tuesday, December 19, 2006 LOG NAME: 14EXTERNAL EAP REFERENCE NO.: **C-2 i 393 SUBJECT: Authorize Execution of an Annual Contract with Resources for Living to Enhance the City of Fort Worth Employee Assistance Program RECOMMENDATION: It is recommended that the City Council: Authorize the City Manager to execute a contract with Resources For Living (RFL) in an amount not to exceed $90,000 for the initial term, to enhance the City's Employee Assistance Program (EAP) based on RFL's demonstrated competence and qualifications to perform the services for an initial term beginning January 1, 2007 and expiring December 31, 2007 with options to renew for three successive one-year periods, subject to appropriation by the City Council of sufficient funds for such periods. DISCUSSION: In September 2002, the City of Fort Worth entered into an agreement (M & C C19252) for an external employee assistance program to work alongside and support the City's internal employee assistance program as a provider of short term counseling to employees/dependents; crisis intervention; personal and professional development training; supervisory support; debt management services and legal consultation. In anticipation of the December 31, 2006 expiration of the current contract, the City of Fort Worth solicited proposals from various employee assistance providers. An evaluation committee composed of civilian and civil service personnel convened to review the proposals submitted from local, regional and national companies. Resources For Living (RFL) was selected as the recommended contractor based on several factors, among which included responsiveness to the request, qualifications of the company, accessibility, pricing and minority/female enterprise commitment. RFL has provided employee assistance services since 1988, serving a large global market throughout the United States, Canada and Puerto Rico. RFL's client base serves approximately 3.5 million members in North America from municipalities, school districts, and major retail corporations such as Wal-Mart, Coca Cola Enterprises, Kroger and Firestone. RFL has a proven track record for successfully assisting employers, employees and their families through its EAP delivery of services including: * Short-term counseling available for employees and dependents to address a wide variety of issues such as depression, anxiety, stress, compulsive behaviors, disability concerns, bereavement, chemical dependency, marital issues, retirement, elder care, emotional health/ well-being; * A 24-hours call center answered "live" by a mental health professional; * Crisis intervention to first responder and civilian personnel; * Professional development and training seminars; * EAP Employee Orientation; * Participation in the Health &Wellness Fairs; Logname: 14EXTERNAL EAP Page 1 of 2 * Bi-lingual capabilities for non or limited English speaking employees RFL will work with the current contractor, Alliance Work Partners, during the transition to ensure continuity of care for employees through February 28, 2007. There were six companies submitting proposals: Aetna (Hartford, Connecticut), Alliance Work Partners (Austin,Texas), Deer Oaks EAP Services (San Antonio,Texas, Employee Support Systems (Terrell,Texas), MH Net Behavioral Health (Austin,Texas) and Resources for Living (Austin,Texas). PRICING: The not to exceed amount of$90,000 is based on a charge of$1.12/employee/month. MNVBE: RFL has committed to 10 percent of the service revenues to M/WBE independent service providers. The City's M/WBE goal for this project is 10 percent. RENEWAL OPTIONS: This agreement may be renewed for up to three successive one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Group Health and Life Insurance Fund. TO Fund/Account/Centers FROM Fund/Account/Centers FE 85 539120 0148500 $90,000.00 Submitted for City Manager's Office b Karen Montgomery (6222) Originating Department bead: Karen Marshall (7783) Additional Information Contact: Deborah Cuffee (7789) Logname: 14EXTERNAL EAP Page 2 of 2