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Employee Assist. Prog. Agree. Mercy D~~~E ~ck~ MEMORANDUM October 27. 2006 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 $5.830 effective July 1, 2006. which is a $530 increase over the previous year fee schedule. I concur with the recommendation and respectfully request Mayor and City Council approval. f!'lJ k, AL Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl. City Attorney Cindy Steinhauser, Assistant City Manager Randy Peck, Personnel Manager D'i:i~~E ~c/de-~ Memorandum October 20, 2006 FROM: Michael C. Van Milligen City Manager Randy Peck J1 () Personnel Manager I'll 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. The annual fee will be $5,830 dollars effective July 1, 2006, and it represents an increase of $530 dollars over the previous year fee schedule. The City of Dubuque has had an Employee Assistance Program since 1989. This is the fourth increase in their fee since 1991. The last increase occurred in Fiscal Year 2004. The annual fee can be financed within the approved Fiscal Year 2007 budget and it will be in effect through June 30, 2007. The Agreement has been reviewed by City Attorney 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/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 meeting 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 $11.00 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. $11.00 x 530 =$5,830.00 Per Employee Number of Full-time and Part-time Employees Annual Fee 4. Manner of Payment. The fee shall be paid to the Mercy Medical Center EAP on an annual basis. 5. Reyision/TerminationfEffective Date. The terms of this agreement go into effect on July 1, 2006. 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 C. 7. Indemnification. Mercy Medical Center agrees to defend, indemnify and hold the City of Dubuque harmless from and against any and all claims arising out of Mercy's negligent performance of this agreement. Signed this _ day of ,2006 Signed this day of ,2006 Russell M. Knight President and Chief Executive Officer Mercy Medical Center Michael C. Van Milligen City Manager City of Dubuque Revised 6/2006 INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE 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 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, except for 10 day notice for non- payment, if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. shall furnish a signed 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) Commercial General Liability policy is primary and non-contributing. b) Commercial General Liability additional insured endorsement. c) Governmental Immunities Endorsement. 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 10f2 June 2005 INSURANCE SCHEDULE C (Continued) INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE This coverage shall be written on an occurrence form, not claims made form. All deviations or exclusions from the standard ISO commercial general liability form CG 0001 or Business owners BP 0002 shall be clearly identified. Form CG 25 04 03 97 'Designated Location (s) General Aggregate Limit' shall be included. Governmental Immunity endorsement identical or equivalent to form attached. Additional Insured Requirement: 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 shall be named as an additional insured on General Liability including "ongoing operations" coverage equivalent to ISO CG 20100704. b) Automobile $1.000.000 combined sinale limit. c) WORKERS COMPENSATION & EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident Each Employee Disease Policy Limit Disease $ 100,000 $ 100,000 $ 500,000 $1,000,000 d) PROFESSIONAL LIABILITY e) UMBRELLA/EXCESS LIABILITY . 'Coverage and/or limit of liability to be determined on a case-by-case basis by Finance Director. Completion Checklist o Certificate of Liability Insurance (2 pages) o Designated Location(s) General Aggregate Limit CG 25 04 03 97 D Additional Insured CG 20 10 07 04 D Governmental Immunities Endorsement 20f2 June 2005 APOBQ. CERTIFICATE OF LIABILITY INSURANCE t ,",OOu"",, (5&3)S56-027Z FAX (563)556-4425 IN!;URANCE AGENCY STREET AlIDIlE5S . TrY , STATE, ZIP COllE c~ Street Ad4ress City, State, .Zip Cocle UAl1iHMWOD/Y\"VYJ 112/2tlj2ooS THIS CERTIACI\TE IS ISSUED AS A MA.TTER OF INFQRMA:r.aN ONLY AND CONFERS NO RIGHTS UPON THE CERT! HOLDER. THIS CERTIACA:rE DOES NOT AMEND, AI. TER THE COVERAGE AfFORDED ElYTHE POUC , !INSURERS A.FFORDING COVERAGE IlN$tJIWl.A Thsul'ance ~ny 1- lNSURER.S~ j-;;;--....------ rINSURFRC: NAIC# THe POLICY PeRIOO1NDICAT-eG, NOTWITJ-1STAAOOl< TOWHICH THIS CERTIfiCATe MAY BE ISSUED OR l THe TERMS, EXClUSIONS AND COND11lONS OF S\)c~ Ut;lllTS Ii I EACH-o<"~ "O~~t()~RetlIJEO -~.EXP-tAnY_:OOIt~ PSR'S()NJ\1..'&'AfWJNJLlRY GtiI~RAL.~GATE pRODUCTS."OOMPf()PA((jG: t!"'c CoMi:W'Ci.:!I)'~!iGl'E LIMIT ~Ea~) BOO!.L'lINJURY (per~) BOhitY1I!UURV (fier~) . PROPS'tTYOAW\AGE tp...-:~) $ AUTOQllil.. Y .6A.ACClQEl(f '-"_,_.-...,...c_+.," !::A-ACe AGG 01'ttERTl'WiI AllfOQNLV ~ . --_._--- ---_._,--- $ $ $ $ 1,000 1,000 5iIONAt. lIAlllUTY . J:;;L. !llSEASE ~fAEMpt,Q,YE$ FLLOISEASE POUCYLlfA!T $ $1,000,000 101),) :wo soo ""'1i~"&FDwl''ll''"atlEl.OCis~'~m~i4rar(l~Al''mII~POW:ID INCL ONGOING &< COMPlETED TiIONS COVERAGE EQUlVILANT ~ ISO CG 201{l 9704 " CG 2037 0704. GENERAL lIABILITY POUCY IS PRDlAIlY NON-<'.ONTRIBUTING. roRliI CG 2.04 03117 "DeSXOliIATED lOCATIONS" GENERAL UAllIUTY AGGREGATE lIMJT SHAtJ.. lIE LODED. GOVERNMENTAL IMMUHIl'lES ENDORSEMENT IS INClUDED. All,pO/.JUES OF INSURANCE SHAll BE ENOORSllIl o PROVIDE TIfIIlTY (~O) OAY -I\I:lVANCE fIIllUCE OF CANCEt.lAUOIrI TO mE CITY OF OOBUQtfE. Tt $itO'~~~()f:~~~DE$CRI8EOPOUCfES R.CAHCW.~D'~lHE ~~:DA~~rTHE'lSSUJt<<;~ftEflWtlt;~:UAlL ~_O'-.'~y$~ftOTiOETOTHE'~!CAll;HOLaeR fW'EOTo',[Hetin. ~~~~lIIlt>>lIlIlICIllliXllWt!OO( 1i\j(J(~~~x:x.XXXXXXX CITY OF DUBUQUE CITY HAll 50 W. 13TH STREET OUBUOOE, lA 52001 AUTHOJtIZ1WREPM.SeH1'A'T1ViI ACORD $(20011081 teACOAD c.nRPORATtnN-1!UtR ,. IMPORTANT lfSUBROGAT10l'l ISWAlVED. sub' ., 'an~ require an eodOl'$emenl. A statement on1his certl1lcaie' holder in 1ieu of sUCh sndOl'$ement(s). , 'be .....dorsed. A state<<nent endorsement(s). iill'/. certain policie,s may !(} the certificate If the certificate holder is an ADDITIONAL on this ceftificate does,not romer rig The Certificate of Im;uranoe on the reverse $ide the isslJing nlsurer(S). aut!lorized representative . <lfIirmatlvely.or negatlvelyamend. extend or slte COIlslilutea pontracl betwleen e certifICate I1oIder, oor does.Jt by the policies listed thIereon. s..""':....';. "R" ,....... ,,' " L.",;,^,> <\>":" 'ME N ' ;''i .~; .i:'.:::.:.i-::i: '" "', .'i', """"',. ',', ... .,.", .... ". '- - " ....., . " -,'-', ,', ..,' " '08\ .. ROllCY NUMEER: COMME!\!:'lAL GENERAL LlABIUTY CS 25 040397 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, DESIGNATED LOCA TION(S) GENERAL AGGREGATE LIMIT This endor:sement modffi~ insurance provided LInder Designated Location{s): COMMERCIAL GENEAAL UABILITY C , ^ -' ,~~! ANY AND ALL COV~~FiBLOCATIONB :'::;~':_:"_:::/-:~:2~:-- ornement will be shown in the DeClarations (if nO en as appo appears above, information required to coinpl~lll' . endorsemenl) . , , A. FQl' all ~ms wh insured becomes legally obllgatecl. to caused .~ 'lle$" A .(SECT! I), a II m caUSlldby cie rO C.(SE:CTI0N J), ca . t6 operationS at a singIe' d!!Signated '1 shown In the Schedule"," aballe: .. 1. A separate Oes' Locatlon General'" e limit iell to each designated:" . and . Is equal to the' ' ~ the nellll Aggregate Limit' $h the Oedarations. %.. The 'Oesignated Locaticln General Aggregate Liinllis the most we Will pay for tile sum of all' damages unper COveRAGE A. elOcept dam- ages because of "bodily injury" or 'property damage' incluDed in the ilrcclt:tcls:cornpleted operations hsurd', anc! for mediCal expen_ under COVERAGE C regartlJess of the" num- ber of: a. "jnsurecls; b. Claims made or .sults" brought or c. Persons or o~nizatiol1$ making claims or bringing "suits".' " ny payment& madl:!uncler COveRJ\GE A for damages or tmcIer COVSRA&e:: C "for medical expenses shall ~ce 'll1e oesig- . nated Loaallon General Aggregate Umlt for that designated 'ocation'. 5ucb pa}'l:nelltS shall not reduce tile General shown in the De<;\ar.lticm; 11Dr duce any other Oesignated Lo Aggregate limit for any , "location' shown in the SclledUle ~, 4. The nmlts shown in tile DeclaraflOll$ fot Eacll Occurrence" Fire Damage and MedlcaJ ex- pense continue to apply. However, instead qf bei"ll subjacl to the General Aggreg!ilte Umlt shown in the Declarations. SU5iil.llmlls Will be subjlild. 10 the applicable Oeslf;lnated t.ocation General Aggregate Limit. ,," S <:P'E <'<<:iC:'.'IMEN ' "~-,' ! -" ":;:_.- '.; - - "::' " -," . -: L, "'~ ' - '- - - :: . " C.G Z5 04 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 ofZ tI t I ~-.. A. . . POLlCY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 0704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITiONAL INSURED OWNERS, lESSEES OR CONTRACTORS ERSON OR o This endorsement modifies insurance provided \J COMMERCIAL GENERAL LIABILITY COVERAGE P. :> ratlons Information uiredto oomolete this Schedule If notit1~ ~bo~;will he shown in the Cleclarations. A. espect to the insurance afforded to 1Ilese . nal insureds. the follOwing additional exclu-' . sions al'Ply: . This insurance does not apply to "bodily injury" Of "property damage" occLlning after: 1. All wer~. including malerials. pans or equip- ment furnished in connection with such WIil/l(. on (Qther than service, malnlenance or be performed by or on behalf at I insul'ed(s) at the location of 1I1e . lions .has been completed; Of . of "your worJ( out at which the age aniles has been put to its In- tended y any person or organization other than another contraelor Of subconlraelor en- gaged in performing operations for a princlpal as a part of the same projeel. 11 II - Who Is An Insured is amende . . as an addllional insured the person(s organization(s) shown in the Schedule, but only Yfith respecl'to Iiabifrty for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omisSions; or 2. The acts Of omissions of those acting on your behalf; in the performance of your ongoing operations fQr . the additional insured(s} at the location(s) desig- nated above. SPECI.~ N CG 20 10 07 04 elso Properties,lnc" 2004 Pag. 1 of 1 D . . 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 Coveraae. 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, a'nd may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coveraae. 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. SPECIMEN 1 of 1 June 2005