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HomeMy WebLinkAbout13-78 Resolution No. 13-78 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WORKPLACE SOLUTIONS, LLC FOR ADMINISTRATION OF AN EMPLOYEE ASSISTANCE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Workplace Solutions,LLC for administration of an Employee Assistance Program, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 24, 2013 Adopted: April 24, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 24th day,_ April . 2013 of the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY" and Workplace Solutions, LLC, an Illinois limited liability company (hereinafter referred to as "VENDOR"). WHEREAS, the CITY desires to engage the VENDOR to furnish certain goods and professional services pursuant to RFP Number 13-006 for administration of an Employee Assistance Program (hereinafter referred to as the "PROJECT"); and WHEREAS, the VENDOR represents that it has the necessary expertise and experience to furnish such goods and services upon the terms and conditions set forth herein below. NOW,THEREFORE, it is hereby agreed by and between the CITY and the VENDOR that the CITY does hereby retain the VENDOR for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, to act for and represent it in matters involved in the PROJECT as described herein, subject to the following terms and conditions: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Human Resources Director of the CITY, hereinafter referred to as the "DIRECTOR". B. Conducting and implementing the tasks for the PROJECT as required by RFP number 13-006. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS The VENDOR will submit to the DIRECTOR quarterly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work products prepared by the VENDOR pursuant hereto including, but not limited to, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the VENDOR may retain copies such work products for its records. VENDOR's execution of this Agreement shall constitute VENDOR's conveyance and assignment of all right, title and interest, including but not limited to any copyright interest by the VENDOR to the CITY of all such work product prepared by the VENDOR pursuant to this Agreement. The CITY shall have the right either on its own or through other vendors as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project. 4. PAYMENTS TO THE VENDOR The City shall pay to the VENDOR a total fee of$1.40 per eligible employee per month regardless of the actual costs incurred by the VENDOR unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. 5. INVOICES A. The VENDOR shall submit invoices in a format approved by the CITY. Progress reports (2 above) will be included with all payment requests. B. The VENDOR shall maintain records showing actual time devoted and cost incurred. The VENDOR shall permit any authorized representative of the CITY to inspect and audit all data and records of the VENDOR for work done under this Agreement. The VENDOR shall make such records available at reasonable times during the Agreement period,and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the VENDOR. In the event that this Agreement is so terminated, the VENDOR shall only be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7. TERM This agreement shall expire on April 24, 2017 subject to yearly appropriation by the CITY'S City Council. 8. NOTICE OF CLAIM If the VENDOR wishes to make a claim for additional compensation as a result of action taken by the CITY, the VENDOR shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the VENDOR's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the VENDOR. Regardless of the decision of the DIRECTOR relative to a claim submitted by the VENDOR, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing or anything else to the contrary in this agreement,with the sole exception of the monies the CITY has agreed to pay to the VENDOR pursuant to Section 4 hereof, no action shall be commenced by the VENDOR or any other related entity against the CITY for monetary damages. 2 VENDOR hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including,but not limited to,the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the VENDOR arising out of this Agreement must be filed within one (1) year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph will survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, VENDOR agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the VENDOR in connection herewith, including negligence or omissions of employees or agents of the VENDOR arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 11. NO PERSONAL. L.IABIL.ITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE Professional Liability. The VENDOR shall carry Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. 13. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex,age, race, color,creed,national origin, marital status,of the presence of any sensory,mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 3 14. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 15. DELEGATIONS AND SUBCONTRACTORS Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and other provisions of this Agreement and the VENDOR shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the VENDOR would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 16. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 17. SEVERABILITY The parties intend and agree that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 18. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define,limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 19. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof; or change order as herein provided. 20. APPLICABLE LAW This Agreement shall be deemed to have been made in,and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 21. NEWS RELEASES The VENDOR may not issue any news releases without prior approval from the DIRECTOR, nor will the VENDOR make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 4 22. COOPERATION WITH OTHER VENDORS The VENDOR shall cooperate with any other vendors in the CITY's employ or any work associated with the PROJECT. 23. INTERFERENCE WITH PUBLIC CONT A TIN The VENDOR certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 24. SEXUAL HA A M .NT As a condition of this contract. the VENDOR shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complain process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by VENDOR to the Department of Human Rights upon request 775 ILCS 5/2-105. 25. WRITTEN COMMUNICATIONS All recommendations and other communications by the VENDOR to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the VENDOR be made or confirmed in writing. 26. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: Gail A. Cohen Human Resources Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to VENDOR: Workplace Solutions, LLC 1100 E. Woodfield Road Suite 43' I1 60173 5 27. COMPLIANCE WITH LAWS Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the VENDOR shall comply with all applicable Federal, State, City and other requirements of law, including,but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, VENDOR hereby certifies, represents and warrants to the CITY that all VENDOR'S employees and/or agents who will be providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States. VENDOR shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this AGREEMENT. The CITY shall have the right to audit any records in the possession or control of the VENDOR to determine VENDOR'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the VENDOR shall make available to the CITY the VENDOR'S relevant records at no cost to the CITY. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. 28. THIS AGREEMENT shall replace, supersede and supplant any and all prior agreements regarding the subject matter ot-this agreement between the parties hereto. A--� i FOR THE CITY: /2 h• 2z11111FOR THE VENDOR. Sean Stegall Print name: City Manager Title: IWO ATTEST: Kimberly A. Dewis City Clerk 6 ATTACHMENT A Scope of Services The Vendor shall provide an employee assistance program and related services as detailed below: 1. Vendor shall confer with the City to develop policies and procedures relative to the operation of the EAP. Vendor shall advise the City on how to publicize the EAP to supervisors and to all employees and their immediate families. Vendor shall assist with employee education efforts. 2. Vendor shall provide specific assistance to the city employees and members of their immediate families who have been referred to EAP or who request such services of their own volition. Vendor and the City will adopt safeguards to ensure that EAP counseling is conducted in a manner that will preserve the privacy of the City employees and their families. Communications between Vendor's personnel and City employees shall remain confidential, except as specifically waived in writing by the individual employee. 3. Vendor shall counsel and encourage the City employees to proceed with a course of assistance by referring the individual to clinical or support organizations and medical professionals. Vendor shall recommend the most cost effective external referrals when additional services are required. Vendor shall strive to provide short term counseling where feasible, and not simply act as a clearinghouse. 4. Vendor shall remain cognizant of the City's insurance benefits program in order that it can advise employees of the possible coverage they are under for services by such organizations or professionals. Vendor shall examine the accreditation of the organizations and professionals to which it refers employees so as to ensure, as much as possible, medical expense reimbursement under health or medical insurance policies. 5. Vendor shall provide such follow-up procedures as are necessary to monitor referred employees' adherence to agreed course of treatment. Vendor shall make progress reports to the City on employees referred to the EAP, but such reports will respect the employees' right to confidentiality, and will be limited to reporting as to whether or not the employee is cooperating with the treatment program. 6. Vendor shall prepare quarterly reports on the caseload activities of the Vendor, but such reports shall not jeopardize the rights of confidentiality of the employees or their families. 7. Vendor shall supply employer with all brochures, posters, and literature regarding the EAP program as part of the cost of administering the program. 8. Vendor shall, upon request of the City, provide referrals to third parties for psychological fitness for duty evaluations, organization development, and organizational consulting. 7 The EAP program shall include the following services: a. Direct Servicing of Employees— up to five (5) interviews with individual employees for the purpose of assessment, short-term counseling, and referral. Provide 24 hour coverage for crisis situations. b. Introductory sessions for all eligible employees to promote the EAP and familiarize employees with services offered. c. Introductory sessions for supervisors. d. Attendance at new employee orientation sessions (no more than once a month). e. A minimum of twenty (20) hours of training Sessions and Customized Workshops annually, including but not limited to Supervisory Development and Training Sessions for Supervisors), Department of Transportation Required Training, Drug Symptom Identification training, and Customer Service Seminars. f. Mediation services between employees and/or supervisors. g. Organizational development assessment and planning for specific departments at the request of the City. h. Annual planning and review meeting with Human Resources and other departments upon request. Additional meetings as necessary. i. Twelve month follow up on all substance abuse cases. Department of Transportation cases are monitored for a minimum of 12 months and may be longer. j. Work/Life resources and services. 8