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00-170 Resolution No. 00-170 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PROVENA SAINT JOSEPH HOSPITAL FOR AN EMPLOYEE ASSISTANCE PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute an agreement with Provena Saint Joseph Hospital for an employee assistance plan, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: July 12 , 2000 Adopted: July 12 , 2000 Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN AGREEMENTFOR RFP Number: 00-065 00-065 for. Employee Assistance Plan This Agreement is made and entered into this 12 day of July 2000 by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and Provena Saint Joseph Hospital , incorporated in the state of and having a principal place of business at 77 N. Airlite Street, Elgin, Illinois ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT' as used herein shall mean this Agreement, the Request for Proposals (RFP) including all documents referenced therein and the Contractors Proposal response (Proposal) thereto incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the RFP and CONTRACTOR'S Proposal. In the event there is a conflict between this Agreement and the Proposal documents, the Proposal documents shall supersede this Agreement. - ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully executed Contract from the City and the contract shall end on June 30, 2004 or four years from the commencement date, whichever is later. ARTICLE III. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY, b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including, but not limited to, the following: (1) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR's reasonable control, (iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT, including, but not limited to the Affirmative Action requirements, and (vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a�basis for termination for cause. The CITY may terminate THIS CONTRACT for its convenience upon fourteen (14) days prior written notice. ARTICLE IV . DAMAGES. From any sums due to the CONTRACTOR for services, the CITY may keep for its own the whole or any part of the amount for expenses, losses and damages as directed by the Purchasing Director, incurred by the CITY as a consequence of pFOcuring services as a result of any failure, omission or mistake of the CONTRACTOR in providing services as provided in THIS CONTRACT. ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances, such clause shall be void (the remainder of the contract shall not be affected)and the laws or ordinances shall.be operative in lieu thereof. ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or physical handicap which would not interfere with the efficient performance of the job in question. The contractor will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and executed with the same formalities of the original. ARTICLE IX. NOTICES. Any notice given under this CONTRACT shall be in.writing and shall be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or registered, return receipt requested, addressed, if to CONTRACTOR, at the address set forth above to the attention of the project manager or undersigned representative, and if to the City, to the attention of the City Manager, 150 Dexter Court, Elgin, IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. ARTICLE X. INDEMNIFICATION. The CONTRACTOR shall indemnify and hold harmless the CITY, its officers, agents and employees, against liability, losses, damages or expenses (including legal expenses) resulting from any claim based upon negligent or intentional acts or omissions of the CONTRACTOR, its employees or its agents in arising out of the existence of this agreement, goods delivered or work performed hereunder. ARTICLE XI. PUBLICITY. The CONTRACTOR may not use, in any form or medium, the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XII. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises, terms, conditions or obligations other than those contained therein; and this agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN WITNESS WH EOF the parties have hereto set their hands the day and year first above written. CONT C OF ELGIN C" (_Y0 a ,P"� Name and Title L A 2 R Y A-t. u a k u 0 � oyce arker City Manager FEIN NO. i City of E Ig i n Agenda Item No. 1 F tt kLi ;fitI•Ii' June 20, 2000 fill uf►u Ifn��0; iffn TO: Mayor and Member of the City Council FINANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES. ANDOUALITY INFRASTRUCTURE FROM: Joyce A. Parker, City Manager SUBJECT: Employee Assistance Program PURPOSE The purpose of this memorandum is to recommend the renewal of the City' s Employee Assistance Program (EAP) contract with Provena Saint Joseph Hospital . BACKGROUND The Employee Assistance Program was initiated for the benefit of employees in July of 1982 . The program has helped many employees and their families with problems related to depression, anxiety, substance abuse, family/relationship issues, stress, legal, financial and other life problems . Requests for proposal for the Employee Assistance Program were sent out in May to three known providers of the services in our area, Provena Saint Joseph Hospital, Employee Assistance Services and Employee Resource Centers . Only Provena Saint Joseph Hospital submitted a proposal . This proposal asks for a $1 . 50 per employee increase in rate (from $16. 50 to $18 . 00) for a four-year contract . This increase is reasonable, however, when compared to the rate charged ($18 . 50 to $30 . 00) by Provena Saint Joseph Hospital to other municipalities and businesses for which it provides EAP services . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . • V . Employee Assistance Services June 20, 2000 Page 2 FINANCIAL IMPACT Renewal of the EAP contract with Provena Saint Joseph Hospital will cost the City approximately $10, 800 (600 employees x $18 . 00) for each year of the four-year contract . This cost is charged to the non-departmental budget under "Miscellaneous Professional Services" , account number 010-6902-719 . 30-99 . LEGAL IMPACT WWNone . ALTERNATIVES The City could renew the EAP contract with Provena Saint Joseph Hospital or discontinue the program. RECOMMENDATION • Staff recommends that the Mayor and members of the City Council approve entering into a four-year EAP service agreement with Provena Saint Joseph Hospital . /11� ectfully submitt yce YParker City Manager amp •