HomeMy WebLinkAboutContract 28150CITY ���RE I°�,RY ' � , �
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STATE OF TEXAS § ^
KNOW ALL BYTHESE PRESENTS:
C�UNTIES �F TARRANT,
DENTON AND WISE §
C�NTRACT FOR PROFESSIONAL SERVICES
This contract is made by the City of Fort Worth, Texas, a municipal corporation
situa#ed in Tarrant Coun�y, Texas, hereinafter called "City", and Worl�ers Assistance
Programs, Inc. a Texas nonprofit corporation, hereinafter cafled "Contrac#or", both parties
acting herein by and through their duly authorized representati�es:
1. 5cope of Services.
in accordance wi#h the highest professional standards Contrac#or agrees to provide
a program of employee assistance services to City, incl�ading the following:
(1 } consultation far the development af policies a�d procedures as needed;
(2} [a] t�aining for the supervisory staff of City which shall focus on arientation
to �he EAP and procedures for intervention and referral of troubled
employees ;
[b] �mployee orientation to the EAP;
[c] brown baglwellness trainings.
WAP will furnish a!I materials for #raining and orienta�ions.
(3j assessment, short-term counseling up to 6 sessions per problem, and
referral services to Cify of Fort Worth employees and their family
members. After assessment is made of the co�ered client, if care oufside
the scope of the �AP is indicated, WAP, Inc. will refer the client ta the
freatment resource WAP, Inc. considers appropriat� in�l�dina but nr�t
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nat limited to financial and legal advisors, physicians, psychofogists,
psycho�herapists, public and private agencies, and in- and out-patient
treatment facilities for mental health or c�emical dependency. Referrals
will be made within the guidelines established �y the employees
insurance provider andlar within the finane�al means of the cl�ent.
�4) on-site Critical lncident Stress D�brief[ng (group sessians);
{5} apprapriate follow-up and statistical reporting on a quarterly basis to City
management subject to the restrictions established by applicable laws
and regulations relating to client confidentiality and pri�acy;
(6) WAP LauWAccess online consultation service
The specifics of ihe program are described in detai! in Exhibit "A": Vlforker
Assistance Program Proposal dated May 1,200�. Same is attached hereafter and
�ncorporated herein for all purposes by reference. In the e�ent of conflict between the
terms of this Contract and #he terms of Exhibit "A," this Contract shall contral.
2. Comaensation.
The amountto be paid to Contractorfarall services performed hereundershall not
excee� eighty thousand dollars ($8�,Q00).
3. Term.
The t�rm of this Contrac# shall commence the date of full execution by City and
Con�ractor and shall terminate the 30th day oi S�ptember 20�3, with options to renew for
three (3} successi�e one-year periods.
4. Termination.
a. City may terminate this Contract at any time for cause �mo�r�ia� �c �
material breach of this Contract by Contractor, by notice in writing�� �� �t�,���r��€"t+�'t �{��b�
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rec�ipt of such notice, Cpntractor shall immediat�ly discan�inue all services and worl�
and the pfacing of all ord�rs or t�e entering into contrac�s for ail supplies, assistance,
facilities ar�d materials in connection witn the pe�formance of this Contract and shall
proceed to cance! promptly a[I existing contracts insofar as they are chargeable to this
Contract. If the City terminates this Co�tract under this Sectior� 4.a., the City shall pay
Gontractor for services actually performed in accordance herewith prior to such
termination, less such payments as have been pre�iously made to Contractor, in
accordance with a final statement submitted by Contractor dacumenting the
p�rformanc� of such work. Contractor may terminate this Contracfi at any time if any
payment due hereunder is not made by the City►.
b. In the event no funds or insufficient funds are appropriated and budgeted
by City in any fiscal period fior any payments due hereunder {"Defau�t Period"), City will
natify Coniractor of such occurrence prior to the begir�nEng of#he Default Period, and this
Contract shall terminai� on the last day of the fiscal period for which a�propriations were
received without penalty or ex�ense to City of any kind whatsoever with respect to the
Default Period, except as �o the portions of the payments herein agreed upon for whic�
funds shall �a�e kaeen a�propriated and budgeted. City agrees to appropriate and
b�dget, as practicably as �ossible after the Default Period, amounts sufficient to co�er
any payments owed but not paid to Contractor as of the beginning of the Default period,
and to promptly pay these amounts to Contractor. City has informed Cantractor that,
concurrer�tiy with approval o# this contract, City will appropriate and budget 10Q% of the
funds specified in this Contraci, so that all funds will be apprapriated and budgeted prior
to the commencement date of #his Contract.
c. Either party may terminate this cantract for canvenience upon thirty days
written notice.
d. Upon termination ofthis Contraetfor any reason, and s�bject to paragraphs
13 and 14, Contractor shall pro�ide the City with copies of all completed or partially
completed documents prepared under this Contrac#. -�
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5. Indemnifica�ion.
Contractorshall indemnify and hold #he City and its officers, agents and employees
harmless from any loss, damage, liabifityor expensefar damageto propertyand injuries,
inciuding death, to any person, including but not limited to officers, agents or employees
of Contractor or subconfiractors, which may arise out of any negligent act, error or
omission in the performance of Contractor's professional services. Contractor shall
defend at its own expense any suits or other proceedings brought against the City, its
officers, agents and employees, or any of them, resulting from such negligent act, error
or omission; and shaif payall expenses and satisiy all judgmentswf�ich maybe incurred
by or rendered against them or any of them in connectian therewi�h resulting from such
negl�gent act, error ar omission.
6. Insurance.
a. Confractor shall not commence work under this Contract until it has
obtained all insurance required under this section and such insurar�ce has been
appro�ed by the Ci#y, nor shall Contractor allow any subcontractor to commence work on
its subcontract until all similar insurance ofthe subcontractorhas been so obtained and
approval given by the City.
b. Workers' Compensat3on Insurance: Contractor shall ta�e out and maintain
during the life of this Contract statutory Workers' Compensaiion Insurance for all of its
emp�oyees performing any of the services hereunder, and, in case any work �s sublet,
Contractor shall req�ire the subcontractor similarly to pro�ide Vllor�ers' Compensation
insurance for all of the latter's employees unless such empfoyees are covered by the
protection afforded �y Contract`s insurance. fn case any class of employeewho engages
in hazardouswork under this Contractis not protected underthe Workers' Compensation
statufie, Contractor shall pror�ide and shall cause subcon#ractor to pro�ide adequate and
su�table insurance for the protection of em�loyees no# otherwise protected.
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c. Public Liabifity and Property Damage Insurance. Contractor shail take out
and maintain during the life of this Coniract such public liability and property damage
insurance as shall protec# Contractor and any su�contractor performing wor� co�ered by
this Contract from claims for personal injuries, inciuding death, as well as from claims
for property damages or losses which may arise from operation under this contract,
whe�her such operatians be by Contractor or by any subcont�actor or by anyone directly
or indirectly employed by either of them. The amount of such insurance sha11 be as
follows:
('l) Pubiic Liability Insurance. In an amount no less than Two Hundred
Fifty Thousand Dollars ($250,DOOj for injuries, including accidental death, #o any one
persan; and subject to the same limit for each person, in an amouni not less than Five
Hundred Thousand Dollars ($50D,000) on account of one accident;
(2) Property Damage Insurance. In an amount not less than Fi�e
Hundred Thousand Dollars ($500,000);
(3) Umbrella Policy. In an amount not less than One Million Dollars
($1,OOO,aoo�.
d. Praof of Insurance Coverage. Contractor shall fur�ish the Cifi�r with a
cert�ficate of insurance as proof that it has obtained for the duration of this Gontraci t�e
insurance amounts required herein. Contractor's insurance policy shall provide that the
i�surer shall give the City thirty (30) days' prior written notice before altering, modifying or
termina�ing the insurance co�erage.
7. lndeqendent Contractor.
Contractor shall perForm all work and seruices hereunder as an independent
contractor and not as an officer, agent or emplayee of the City. Contractor shall ha�e
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exclusive contral of, and the exclusive rE�ht to cantrol, the details of the woric performed
hereunder. Nothing herein shall be construed as creating a partnership or joint venture
between the Ci�y and the Confractor, its officers, agents, empioy�ees and subcontractors;
and #he doctrine of respondeat su�erior shall ha�e no application as between the City
and the ContractQr.
8. Disclosure of Conflicts.
Contractor warrants to the City of For� Vllorth that it has made full disclosure in
writing of any existirtg or potential conflicts of interest related to the services to be
pertormed hereunder. Contractor further warran�s that it will ma4Ce prompt disclosure in
writing of any conflicts of interest which develop subsequent to the signing of this
Contract.
9. Riaht to Audit.
Contractor agr�es that the City shall, untif the expiratian of three (3) years after final
payment under fhis cantract, �ave access to and the righ� to examine at reasonablefimes
any directly pertinent bool�s, documents, papers and records of #he Cantractor in�olving
iransactions relating to this Contract. Contractor agre�s ihat the Ci#y si�all have aecess
during normal working hours to all necessary Contractorfacilities and shall be pro�ided
adec�uate and appropriate work space in order to canduct audits ir� compliance with the
provisions af this section. The City shall gi�e Contrac#or reasonable advance notiee of
intended audits.
Contractor furtheragrees to include in all its subcontrac#or agreements hereunder
a provision to the effect tha# the subcontractor agrees that the City shall, until the
expiration ofthree (3) y��ars afte��nal payment ofthe subcontract, ha�eaccess to and the
right to examine at reasonable times any directly pertinent booi�s, doc�ments, papers
and recards of such subcontractor invalving transactions related to the subcontract, and
further that City sha11 have access during normal working hours ta all subcon�rac�or
facilities and shall be pro�ided adequate and appropriate work space in order to conduct
audits in compliance with the prouisions of this paragraph. City sha�i giue subcontractor
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reasonable natice of intended audits.
10. Prohibition of Assianment.
Neither party hereto shall assign, sublet or transfer its interest h�erein without ihe
prior written consent af the other party, and any attem�ted assignment, sublease or
transfer of afl or any part hereof without such prior written consent shall be void.
� 1. Non-discrimination.
As a candition of #his Contract, Contractor co�enants that it wi11 take
all necessary actions to insure that, in connection with any work under this
Contract, Contractors, its associates and subcontractors, will no#
discriminate in the treatmen� or employment of any individual or groups of
individua[s on the grounds of race, coEor, religion, nationa{ origin, age, sex
or physical ha�dicap unrelated to job performance, either direckly, indirectly
or through contractual or other arrangements.
12. Choice of Law; Venue.
a. This Contract shall be construed in accordance with the int�rnal law of the
State of Texas.
b. Should any action, whether real or asserted, at law or in equity, arise out of
#he terms of this contract, venue for said actian shall be in Tarrant Couniy, Texas.
13. Riqhts in Results of Services.
The materials and methods used in the pro�ision of Contracfior's ser�ices are
proprietary to Contractor. All rights, including copyrights, in and to such materials and
methods shall remain the property of Con�racfor. City is grant�d a limited right o� interrtaf
reproduction and distribu#ion of materials �repared specifically fo� City under this
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Coniract.
14. Confidentiallnformation.
City aeknowledges and agrees that any and all informaiion (in whatever form}
relating to the business of Contractor and acquired by Ci#y under this Contract, or
otherwise, is and shall remain, to the extent permitted �y law, confidential information of
Contractor to the extent that it includes valuable and proprietary trade, b�rsiness and
indus#ry secrets of Contractor. City agrees to maintain in canfidence and {except as
otherwise provided in paragraph 13) to refrain, directiy or indirectly, from copying, usEng,
transferring, disclosing or exploiting in any manner any of such confiidential information
during fihe term of this Contract and following termination thereof, for any reason.
� �. Amendments.
This Agreement may be amended at any time by mutual agreement of the parties
hereta, but any such amendment shall not be operati�e or �alid unless t�e same is
redueed to writing, executed by the parties and attached her�to.
16. Notices. Any notices required or permitted to be given nereunder shall be mailed,
postage prepaid, certified mail, return receipt requested, or delivered in person to t�e
parties af the following addresses:
Workers Assistance Program, Inc.
2525 Wallingwood Drive, Building �
Austin, Texas 78746
ATT: Rick Dielman, VP of EAP Division
Cify of Fori Worth
9 p00 Throcl�morton Street
Fort Worth, Texas 761 d2
ATT: Deborah Cuffe�, Employee Assistance Manager
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Other addresses may be designated by either party on written notice to the other. All
communications, notices, or oth�r written instruments shall be deemed to ha�e been
deli�ered when actualfy de�ivered in person to the respec#ir�e party, or if mail�d
postage prepaid in accordance wifh this paragraph, on the mailing date.
17. Entire apfeement.
The Agreement constitutes the entire agreement of the parties re{ating to the matter
discussed herein, and no prior, contemporaneous or su�sequent oral a�greement,
un�erstanding, representations or agreements shall be binding unless tnis
agreement is amended in writing pursuant to the terms of Paragraph �, abo�e.
EXECUTED on this �o�'� day of��� , 2002.
A�(�,�T: , ClTY �F F� T VIIORTH
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City Secre�an� Charles Boswell
Assistant City Manager
APPR�VED AS T4 FORM AND
LE ALI :
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Ass'stan# Ctty Atto�ney
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Worker Assistance Program, INC.
.�y: , .�
f Terren�re R. �owan
Chief Exe��ale Officer
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�`ity of'�'o�t YYo�th, Texas
Mayar �r�d Cour�c�l Comn�u�ic�-t�o�
bATE R�FEREfVCE NUMBER LOG NAME , PAGE
si24�o2 **C��92�2 oao2-o�4a � ofs
SUB.iECT AUTHORIZE AN ANNUAL CONTRACT WITH 31V0l�4{EI�'� A-��SISTANCE PROGFiAM,
INC. T� ENHANCE THE CITY QF F�RT W�RTH EMPLOYEE AS515TANCE PROGRAM �
RECOMMENDATI�N:
Et is racommended that the City Council:
1. Autharize an annual contract with Wor�Cer's Assistance Pragram, Inc., in an amount not to sxceed
$80,OQ0, to enhance the City's current Em�layee Assistant Program (EAP) �ased on their
demonstrated competence and qualifications ta perform the services; and
2. Aut�ariz� fhis agr�ement to begin September 24, 20p2, and expire September 23, 2003, with
options to renew for three successive one-year periods.
DISCUSSION:
1n Octaber 2001, the Wellness Program was esta�iisned in the City ofi FQrt Wvrkh and ir�cluded fiunding for:
+ The Weliness Program, which has been successfufly implemented with a 5Q0°/a increase in
participatior�; a�d
� The Nurseline service offered through LJnited Health Care, which provides 2417 access to a
regist�red nurse to discuss medical issueslquestions; and
a An ex#ernal EAP to camp[ement the City's intarnal program, which is an important component of the
Wellness Program sir�ce stress and personal issues can have a negati�e im�act an ernployees'
h�af#h and job productivity.
In order ta implement this component of the Wellness Program, tF�e C�ty of Fort Worth soiicited
Req�esis for Qualifica#ions fram emplay�e assistance prawidars to augment the established internaE
EAP. The external EAP will offer a wide range of prafessional services #o employees and eligible
dependent famify members. In addition, w�i[e the internal EAP program pravides �mploy�es with
standard assurances of canfidentiality consistent within the industry, #he external EAP vendor's offsite
locations may be preferred by some employees.
One of the primary benefits of providir�g this external EAP is the ability of emplayees ta seek
professianaE counseling servic�s without having a"diagnosis". Currently, employees needing
professionaE �sychological, psychia#ric or counseling services must have a diagnosis in order to access
their menial health benefits thraugh ihe hea[th benefits program. Otherwise, tf�e employee will bear #he
ful] cost of such services. The external EAP wil! offer up to six counseling sessions per incident, at no
cost to the employee, retire� or family memb�r.
Ciiy o�1�'o�t i�'orth, Texas
i�l�yor a�d Cou�cif Con�mu�i��t�o�
DAT� R�FERENCE NiJMBER LOG NAME PAGE
9124142 **G_'I g252 4002-014a 2 af 3
sus,��c�r AUTHORIZE AN ANNUAL ONTRACT W1TH WORKER' ASSlSTANCE PROGRAM,
1NC. TO ENHANCE THE CITY OF FORT WORTH EMPLOYEE ASSISTANCE PROGRAM
An evaluation committee composed of civilian, �police and fire personne�, based the contrac#
recommendaiion on vendor submittals and presentations fram [ocal, regional and national companies.
The recomm�nded, contractor, Worker's Assisiance Pragram, Inc., offers short-term confidential
counseling, refet�ral, case management, sup�rvisory consultation, on-site fraining for
managerslsupervisnrs, critical incident debriefings, legal resources, . finan�ial consultatior�, and
s�bstance abuse professional serv9ces, whil� interfa�ing with the internal EAP as appropriate.
Worke�'s Assistanc� Pragram, Inc. has demons#rated twenty-five years of experience working with
municipalifiies, coun#y jurisdictions, public safefy personnel, and �eneral employee populations that ar�
both multicultural and richly diverse. The �om�any's couns�ling ssrvic� and information phone Eines
are staffed by licensed and master's level personnel.
Worker's Assistan�e Program, lnc. has been a leader as an Employ�e assis#ance provider in assisting
organizat9ons fo address workplace productiviiy �ssues, and helpi�g employees identify and resolve
persona� concerns that may negati�ely affect jo� performance. The company's management p�rsonne!
are anc� have been leaders at the local, state and �atianal levels of EAP organizations ancf in legisiative
issues.
Worker's Assistance Program, Inc. was overwhelmingly selected as the recommended co�tractor
based on several fac#ors including responsiveness ta qualifications request, a wide provisian of
coverage fo employees, dependenfs and retirees, their products and services, accessibility, references
and a commitment to customer service. Their knowledge of and experience wi�h employee
associations including poliee and fire organizatians was a strong plus.
The following compani�s submitted proposals: Ceridian, Corp Health, Inc., Deer Oaks EAP Services,
GHE Healthcare, and Worker's Assistance Program, Enc.
PRICING - The nat to exceed amount of $50,000 is based on a charge of $1.151�mp�oyeelmonth, witn
a small added contingency of about $6,OOa to cover contractua� incident stress management servic�s if
a major incident occurs.
MIVVBE - Warker's Assistance Program, Inc. has committed �0 10% of #he service revenues ta MfWBE
independent serv9ce pro�iders.
RENEWAL OPTIONS - This agreement may be renewed for up to three successi�e one-year terms at
the City's option. This action does not require specifiic City Council approval provided that the City
Councif t�as appropriated sufficient funds to satisfy the City's obligations during the r�newal tarm.
C`ity o��'o�i Y�o�t�i, T'exc�s
M�yor �r�d Cou�c�1 Comrr�un�c�-tior�
DATE REFEREf�CE f�I�MBER LOG NAME PAG�
9124102 **��� 9�5� OOQ�-0140 3 of 3
SUBJECT AUTHORZZE AN ANNUAL ONTRACT WITH WORKER' ASSISTANCE PR�GRAM,
INC_TO ENHANCE THE CITY OF FORT W�RTH EMPLOYEE ASSISTANCE PROGRAM
FISCAL 1NFORMATIONICERTIFICATION:
The Finance Director certifies that funds are availab�� in the current operating budget, as appropriated,
of the Group Health and Life Insurance Fun�. �
CB:n
BQNI02-Q1401MLL
SuHmitted for City Ms�nager's
Office 6y:
Charles Baswell
�riginating Department Head:
Jim Keyes
Additional Information Contuct:
Robert Gombs
� F`LINA I ACCOUN'T I C�NT�R � AMOUNT CITY SECRETARY
(�o)
G183
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8517 I (from)
FE85
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8357 I
539120 01408500 $80,OQO.Op
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APPROULD 9I24/02