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Employee Assist Prog - Mercy Dîi~@.;E ~ck~ MEMORANDUM September 13, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Agreement with Mercy Medical Center to provide Employee Assistance Program Services Personnel Manager Randy Peck is recommending approval of an agreement with Mercy Medical Center to provide employee assistance services to the City of Dubuque employees and their family members. The annual fee will continue to be $5,300 effective July 1, 2004. I concur with the recommendation and respectfully request Mayor and City Council approval. !nJJ ~M,!JJL- rvTichael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Randy Peck, Personnel Manager p 'v '~ 1<" "'o~"" CITY OF DUBUQUE, IOWA MEMORANDUM August 31,2004 FROM: Michael C. Van Milligen City Manager Randy Peck a.() Personnel Manager \ V TO: SUBJECT: Agreement with Mercy Medical Center to provide Employee Assistance Program Services I have attached an agreement with Mercy Medical Center to provide employee assistance services to City of Dubuque employees and their family members. There is no change in the fee from Fiscal Year 2004. The annual fee will continue to be $5,300 dollars effective July 1, 2004. $5,300 has been budgeted for Fiscal Year 2005 for the Employee Assistance Program. The City of Dubuque has had an Employee Assistance Program since 1989. The Agreement has been reviewed by our Corporation Counsel Barry Lindahl and he has found it acceptable. I recommend that the Agreement be approved. I request that the City Council approve a motion authorizing you to sign the Agreement. If you have any questions, please feel free to call. RP:bf Enclosure AGREEMENT EMPLOYEE ASSISTANCE PROGRAM The Mercy Medical Center Employee Assistance Program (EAP) agrees to provide the following services to the City of Dubuque: 1. Emplovee Services. These services shall include: A. Assessment, evaluative counseling, referral, case management and follow-up for all employees and their family members. B. There is no set limit of the number of sessions allowed for each client, but will be determined by the counselor and parties involved based on a need basis. All sessions involving the client and EAP are at no charge to the employee. Any charge from another provider other than EAP will be the responsibility of the employee or his or her insurance. C. In the case of employees who are referred by the employer, when a threat of disciplinary action accompanies referral, follow-up services will be provided. Follow-up will be for a period of time determined by the parties involved and will consist of the following: . monthly meetings between the employee and the EAP counselor, . weekly contact with any agency the employee is referred to for the duration of his/her involvement at that agency, . monthly contact with the supervisor who made the referral. This contact will not involve disclosure of information as to the nature of the employee's problem or recommended treatment. It will serve to inform the supervisor as to the level of the employee's involvement and progress being made in dealing with the identified problem(s). 2. Utilization Review Services. Mercy Medical Center EAP shall provide, on at least an annual basis, statistical data relevant to the utilization of the EAP by employees and their family members. This data shall reflect the number of employees and their family members who have used the program voluntarily and formally, as well as a breakdown of the types of problems dealt with. This data will be statistical in nature and will not include the names of any employees or their family members using the program. 3. Fees. Mercy Medical Center EAP shall be paid at the rate of $1 0.00 per year times the number of full and part-time employees of the City of Dubuque as indicated in the following calculation. Full-time employee is herein defined as any employee working thirty-two (32) hours or more per week. 530 $10.00 Number of Full and Part-time Employees x Per Employee =$5,300.00 Annual Fee 4. Manner of Pavment. The fee shall be paid to the Mercy Medical Center EAP on an annual basis. 5. Revision/Termination/Effective Date. The terms of this agreement go into effect on July 1, 2004. This agreement may be modified by either party by mutual consent on thirty (30) day written notice of intent to revise the agreement. Either party wishing to terminate this agreement must give thirty (30) days written notice to other party. 6. Insurance. During the term of this agreement, Mercy Medical Center EAP shall maintain insurance as set forth in the attached Insurance Schedule. 7. Indemnification. Mercy Medical Center agrees to defend, indemnify and hold the City harmless from and against any and all claims arising out of Mercy's negligent performance of this agreement. Signed this day of ,2004. Russell M. Knight President and Chief Executive Officer Mercy Medical Center Michael C. Van Milligen City Manager City of Dubuque Revised 8/2004 ", '. SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A of better in the current A.M. Best Rating Guide. 2. All policies of insurance shall be endorsed to provide a thirty (30) day advance notice of cancellation to the City of Dubuque if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. shall furnish a Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such Certificates shall include copies of the following endorsements: a) Thirty day notice of cancellation to the City of Dubuque. b) Commercial General Liability policy is primary and non-contributing. c) Commercial General Liability additional insured endorsement. d) Governmental Immunities Endorsement. e) Waiver of Recovery under workers compensation. shall also be required to provide Certificates of Insurance of all subcontractors and all sub-sub contractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the same insurance requirements as required of 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. Contractor shall be required to carry the following minimum coverage/limits or greater if required by law or other legal agreement: a) COMMERCIAL GENERAL LIABILITY General Aggregate Limit Products-Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (anyone occurrence) Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 This coverage shall be written on an occurrence, not claims made, form per project. All deviations or exclusions from the standard ISO commercial general liability form CG 0001 or Businessowners BP 0002 shall be clearly identified. Page I or4 Augu,t 2003 . " SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES Governmental Immunity endorsement identical or equivalent to form attached. An additional insured endorsement identical or equivalent to ISO Form CG 2026 and include as additional insureds: "The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees, and volunteers." b) WORKERS COMPENSATION & EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: $100,000 each accident $100,000 each employee-disease $500,000 policy limit-disease Policy shall include an endorsement waiving right of recovery against City of Dubuque. c) PROFESSIONAL LIABILITY: d) UMBRELLA/EXCESS LIABILITY $1,000,000 Coverage to be determined on a case-by-case basis by Finance Director. Page20f4 Augu't 2003 '.. POLICY NUMBER COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the rollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person Or Organization: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees, and volunteers. (!fno entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. Convri.ht. Insurance Services Office. Inc. 1994 CG 20 2611 85 Page30f4 August 2003 '" CITY OF DUBUQUE. IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmentallmmunitv. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coveraqe. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3, Assertion of Government Immunitv. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coveraqe. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. Page40r4 August 2003