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Ordinance No. 8,394980910 -13 ORDINANCE NO. 8394 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A RENEWAL OF THE PROFESSIONAL SERVICES CONTRACT WITH INTERFACE EMPLOYEE ASSISTANCE PROGRAM, INC_; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTEEN THOUSAND SEVEN HUNDRED EIGHTY -FOUR AND NO 1100 DOLLARS ($17,784.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor and the City Clerk of the City of Baytown to execute and attest to a renewal of the professional services contract with Interface Employee Assistance Program, Inc. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Interface Employee Assistance Program, Inc., of the sum of SEVENTEEN THOUSAND SEVEN HUNDRED EIGHTY -FOUR AND NO1100 DOLLARS ($17,784.00), pursuant to the Agreement. Section 3: That pursuant to the provisions of Texas Local Government Code Annotated 8 252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTEEN THOUSAND AND NOII 00 DOLLARS ($15,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty -five percent (25 %) or decreased by more than twenty -five percent (25 %) without the consent of the contractor to such decrease. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 10 "' day of September, 1998. e ez' g PETE C. ALFARO, Nfayor ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACID RAMIREZ, SR., Attorney c: \MyDocuments\ Council\ Meetings \September\]nterfnce98. ] O.doc • 7137813364 INTERFRCE EPP INC. 563 P02 SEP 10 '98 15:06 i CONTRACT for CITY OF BAYTOWN MANAGED MENTAL HLA.LTH PL US and EMPLOYEE ASSISTANCE PROGRAM Provided by Interface EAP, Inc. 7670 Woodway, Ste 350' Houston, Texas 77063 ; (713) 781 -3364 * 1- 800. 324 -4327 EXHIBIT A 7137813364 INTERFACE Er:? INC. 563 P03 SEP 16 '98 15:06 This contract is between CITY OF BAYTOWN and Interface EAP, Inc. for Managed Mental ® Health Plus (MMHP), supported by an Employee Assistance Program (EAP). 1. EAP Services The services to be provided by laterface EAP, Inc. are as follows: 1. 24 hour telephone service with both a local Houston and toll free national number for employees and family members to use for any personal problem. As used in this Contract "family member" shall include an employee, as well as the employee's spouse and 'dependent eligible children 2. Diagnosis, assessment, initial treatment planning, and referral if necessary for personal problems, particularly those with the potential for affecting work performance. This includes consultation with our professionals until an accurate diagnosis and initial treatment plan is reached for each client of the EAP. 3. Supervisory/Management training will be provided upon initiation of the program. This will include training on recognizing, documenting, and referring a troubled employee to the EAP as well as information on all services provided by the EAP. 4. Employee orientation to familiarize all employees with the services provided by the EAP and the process for utilizing the program. NOTE: Both supervisory training and employee orientations will be presented by a Program Coordinator either in person or via video and will include printed material. 5. Ongoing program awareness in the form of posters, handouts and pay stuffers for distribution and display. 6. Assistance in establishing a clear policy letter in regards to CITY OF BAYTOWN's position on employees who use the EAP. 7. Quarterly utilization review. This will include nature of the contract, referral source and demographics of employees, providing that certain information will not jeopardize confidentiality. Annual reports for both the EAP and N M011P will be provided with a breakdown of cost and the number of persons referred for treatment under the health plan. 8. Critical Incident Stress Debriefing to take place between 24 and 72 hours after a traumatic event. 11MOMMITILW7 M-=6351 1. Interface will provide access to hospitals and other treatment facilities with which it ® has Preferred Provider Agreements (PPA's), thus allowing discounts for treatment to your health plan_ 2 7137813364 INTERFACE EPP INC. 553 PO4 SEP 10 '98 15:07 2. Interface EAP will serve as the gatekeeper for the mental health and substance abuse • portion of your health plan. Through plan design, all covered persons will have a financial incentive to contact Interface before seeking treatment. 0 3. Interface will review, along with your Administrator, your health plan design for mental health and substance abuse coverage and recommend any changes that will enhance Interface's ability to direct cost effective treatment. 4. MMHP will provide individual case management to insure cost containment and quality service provided by referral resources. This continues after discharge to insure a quality after -care program. 5. To insure negotiated discounts are received by your TPA, Interface will receive for review and/or repricing, bills for treatment from facilities with which Interface has a PPA. Interface will then forward the bills to your Administrator for processing and payment within three business days. M. Procedures An employee/family member will have initial contact with a clinically trained case manager at Interface. A case will be opened and they will be referred to a professional counselor in Interface's network. This will be a licensed counselor established in private practice with experience in the area of the presenting problem. The employee/family member may request another counselor, for any reason, after their first session without losing that session as one of their allotted sessions for that problem. Contact with the EAP may be initiated by the employee, a supervisor, or both. A family member may be referred to the program by their own call or by a referral of the employee. On a case by case basis Interface will evaluate the need to cover extended family members who live within the household of the covered employee. EAP benefits will only be available to those extended family members if deemed clinically appropriate in resolving the problem(s) presented by the employee or the immediate family member. When an employee or family member contacts the EAP they will be directed to the most convenient office location, in their area, where a professional counselor will be assigned to diagnose, assess, formulate an initial treatment plan, and if necessary refer for additional treatment. In all instances the need and/or problem will be addressed. The goal of the counseling process for an employee will be his/her effective return to full productivity. F&TAMUTIUMMIJ in .. CITY OF BAYTOWN will inform its employees of the service provided by Interface with at least a letter advising the program is confidential, and that any employee seeking assistance will not jeopardize his/her position with CITY OF BAYTOWN. Interface will provide literature in the form of brochures describing the EAP, and all services included in Section I of this contract. 3 7137813364 INTERFACE EPP INC. 1y 563 P05 SEP 10 '38 15:07 41 When the initial contact is the result of a supervisory referral in regards to job performance, the supervisor'will be informed by the EAP counselor: 1) whether the employee has contacted the Employee Assistance Program; 2) whether treatment goals have been established (without identification of those goals); 3) whether there is progress (but not the nature of that progress) toward treatment goals. Interface provides an employee authorization form for the release of pertinent information to the supervisor regarding the progress of treatment and encourages this release if the employee has been referred by a supervisor. Employees who make their own contact (self - referrals) with the EAP will be encouraged to share information with supervisors if deemed appropriate by the counselor. No reports will be made to CITY OF BAYTOWN concerning s4- referrals other than the agreed upon reports in Section I. Neither the purpose nor content of the contact by an employee or family member will be revealed to any representative of the City. CITY OF BAYTOWN will provide a list of employees including their social security number to Interface for the purpose of verifying employment. An updated list will be provided as employment changes. Agreed upon analysis are dependent on the existence of data to be provided by CITY OF BAYTOWN in a relatively accessible form with all due regard for the confidentiality of employees. Except as provided herein, or by law, the identity of the employee or family member, the nature of the contact, treatment progress and prognosis, will be confidential and reported to no one without the written consent of the employee or family member. VI. Consultation An EAP professional will be available to employees and family members 24 hours a day via the national toll free number to set up a counseling appointment. The EAP may also be called upon by supervisors to assist in problem identification, documenting impaired job performance, intervention with a problem employee, or other concerns. Sessions with a counselor will be on an as needed basis, and will be free of charge to the employee and/or family member as described herein. The EAP will be used first to obtain an assessment of the problem. If the problem is short term, additional BAY sessions will be available for the person(s) seeking help. If the problem is long term, a referral to the appropriate program(s) shall be made prior to exhausting the full 6 sessions. During the term of this Contract, Interface EAP, Inc. shall provide free of charge six counseling sessions per problem per year for each family member. If further treatment is needed that is not covered under insurance, Interface will work to make available that treatment at a reduced cost to the family. ® Referrals for legal problems are provided through Law Phone. Provided is one phone consultation per problem, with a maximum of three uses per plan year. Additionally, a local 4 • 7137813364 INTERFACE EAP INC. 563 P06 SEP 10 '98 15:08 referral with one 30 minute session at no charge to determine the situation or problem is provided. Additional services with the attorney are provided at a reduced rate. Employees will have 2 Financial Planning sessions per family, per year. All services are provided via telephone. VII. Program Cost The monthly retainer charge for the services of Interface EAP, Inc. is as follows: $2.64 per employee per month The above charge is to be paid in quarterly installments based on the number of covered employees at the beginning of each month. The first being due on October 1, 1998. 1 11ERTIM. . M. 10 MI. s The term of this contract shall be from October 1, 1998 through September 30, 1999. IX. Exhibu Additional terms of this contract are contained in Exhibit "A" which is attached hereto and incorporated herein by this reference for all intents and purposes. AGREED TO AND EXECUTED THIS It DAY OF 1998. CITY OF BAYTOWN By Title INTERF. v - tle 5 t 7137813364 INTERFACE EPP INC. 563 P07 SEP 10 '98 15:08 Exhibit "A" These Exhibit "A" shall supersede and control over the terms and conditions contained in the Contract for Managed Mental Health Plus and Employee Assistance Program provided by Interface EAP, Inc., for the City of Baytown dated the day of September, 1998 to the extent that there is conflict. * Interface EAP, Inc., shall comply with all rules, regulations and laws of the United States of America, the State of Texas, and all laws, regulations and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. It is expressly agreed and understood by all parties heretro that Interface EAP, Inc., is an independent contractor in its relationship to the City. Nothing herein contained at any time or in any manner shall be construed to effect a contract of partnership or joint venture or render any patty hereto the employer or master of any other party and/or its employees, agents or representatives. All necessary personnel shall be deemed employees of Interface EAP, Inc. * The City, besides all other rights or remedies it may have, shall have the right to terminate this contract with or without cause upon thirty (30) days written notice from the City Manager to Interface EAP of the City's election to do so. Furthermore, the City may immediately and without notice terminate this Contract if Interface EAP breeches this Contract. A breech of this contract shall include, but not be limited to, the following: 1. failing to pay any payments due the City, State or Federal Government from Interface EAP, Inc., or its principals, including, but not limited to, any taxes, fees, assessments, liens, or any payments identified in this contract; 2. the institution of voluntary or involuntary bankruptcy proceeding against Interface EAP; the dissolution of Interface EAP; 4. the violation of any provision of this contract; and/or S. the abandonment for the Contract or any portion thereof and discontinuance of Interface EAP's services or any portion thereof. Upon delivery of any notice of termination required herein, Interface EAP, Inc., shall discontinue all services in connection with the performance of the Contract. Within thirty (30) days after receipt of the notice of termination, Interface EAP, Inc., shall refund any monies prepaid by he City prorated to the date of the termination. 0 Interface's Initials City's Initials 7137813364 INTERFACE EAP INC. 563 P08 SEP 10 '98 15:05 * All notices required to be given hereunder shall be given in writing either by telecopier, overnight, or facsimile transmission, certified or registered mail at the respective addresses of the parties set forth herein or at such other address as may be designated in writing by either party. Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the following addresses: Interface EAR Inc. Interface EAP, Inc. Ann: Executive Director 7670 Woodway, State 350 Houston, TX 77063 Fax: (713) 784-3241 CITY City of Baytown Attn: City Manager PO Box 424 Baytown, TX 77522 Fax: (281) 420 -6586 Interface BAP shall not sell, assign, or transfer any of its rights or obligations under this Contract in whole or in part without prior written consent of the City, nor shall Interface EAP assign any monies due or to become due to it hereunder without the previous consent of the City. " Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy occurring as a result of any future default or failure of performance. * This contract shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas, regardless of the place of its execution or performance. The place of malting and the place of performance for all purposes shall be Harris County. 7 Interface's Initial City's Initials 0 7137813364 INTERFACE EPP INC. 563 P09 SEP 10 '98 15:10 * All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. * This Contract contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. This contract shall not be amended or modified without the express written consent of both parties hereto. * The officers executing this Contract on behalf of the parties hereby represent that such officers have full authority to execute this contract and to band the party he /she represents. 8 Interface's Initialsl's City's Initials CONTRACT for CITY OF BAYTOWN MANAGED MENTAL HEALTH PLUS and EMPLOYEE ASSISTANCE PROGRAM Provided by Interface EAP, Inc. 7670 Woodway, Ste 350 * Houston,Texas 77063 * (713)781-3364 * 1-800-324-4327 This contract is between CITY OF BAYTOWN and Interface EAP, Inc. for Managed Mental Health Plus (MMHP), supported by an Employee Assistance Program (EAP). I. EAP Services The services to be provided by Interface EAP, Inc. are as follows: 1. 24 hour telephone service with both a local Houston and toll free national number for employees and family members to use for any personal problem. As used in this Contract family member" shall include an employee, as well as the employee's spouse and dependent eligible children 2. Diagnosis, assessment, initial treatment planning, and referral if necessary for personal problems, particularly those with the potential for affecting work performance. This includes consultation with our professionals until an accurate diagnosis and initial treatment plan is reached for each client of the EAP. 3. Supervisory/Management training will be provided upon initiation of the program. This will include training on recognizing, documenting, and referring a troubled employee to the EAP as well as information on all services provided by the EAP. 4. Employee orientation to familiarize all employees with the services provided by the EAP and the process for utilizing the program. NOTE: Both supervisory training and employee orientations will be presented by a Program Coordinator either in person or via video and will include printed material. 5. Ongoing program awareness in the form of posters, handouts and pay stuffers for distribution and display. 6. Assistance in establishing a clear policy letter in regards to CITY OF BAYTOWN's position on employees who use the EAP. 7. Quarterly utilization review. This will include nature of the contract, referral source and demographics of employees, providing that certain information will not jeopardize confidentiality. Annual reports for both the EAP and MMHP will be provided with a breakdown of cost and the number of persons referred for treatment under the health plan. 8. Critical Incident Stress Debriefing to take place between 24 and 72 hours after a traumatic event. II. Managed Care Services 1. Interface will provide access to hospitals and other treatment facilities with which it has Preferred Provider Agreements (PPA's), thus allowing discounts for treatment to your health plan. 2 2. Interface EAP will serve as the gatekeeper for the mental health and substance abuse portion of your health plan. Through plan design, all covered persons will have a financial incentive to contact Interface before seeking treatment. 3. Interface will review, along with your Administrator, your health plan design for mental health and substance abuse coverage and recommend any changes that will enhance Interface's ability to direct cost effective treatment. 4. MMHP will provide individual case management to insure cost containment and quality service provided by referral resources. This continues after discharge to insure a quality after-care program. 5. To insure negotiated discounts are received by your TPA, Interface will receive for review and/or repricing, bills for treatment from facilities with which Interface has a PPA. Interface will then forward the bills to your Administrator for processing and payment within three business days. III. Procedures An employee/family member will have initial contact with a clinically trained case manager at Interface. A case will be opened and they will be referred to a professional counselor in Interface's network. This will be a licensed counselor established in private practice with experience in the area of the presenting problem. The employee/family member may request another counselor, for any reason, after their first session without losing that session as one of their allotted sessions for that problem. Contact with the EAP may be initiated by the employee, a supervisor, or both. A family member may be referred to the program by their own call or by a referral of the employee. On a case by case basis Interface will evaluate the need to cover extended family members who live within the household of the covered employee. EAP benefits will only be available to those extended family members if deemed clinically appropriate in resolving the problem(s)presented by the employee or the immediate family member. When an employee or family member contacts the EAP they will be directed to the most convenient office location, in their area, where a professional counselor will be assigned to diagnose, assess, formulate an initial treatment plan, and if necessary refer for additional treatment. In all instances the need and/or problem will be addressed. The goal of the counseling process for an employee will be his/her effective return to full productivity. IV. Publicity of Services CITY OF BAYTOWN will inform its employees of the service provided by Interface with at least a letter advising the program is confidential, and that any employee seeking assistance will not jeopardize his/her position with CITY OF BAYTOWN. Interface will provide literature in the form of brochures describing the EAP, and all services included in Section I of this contract. 3 V. Reporting When the initial contact is the result of a supervisory referral in regards to job performance, the supervisor will be informed by the EAP counselor: 1) whether the employee has contacted the Employee Assistance Program; 2) whether treatment goals have been established (without identification of those goals); 3) whether there is progress (but not the nature of that progress) toward treatment goals. Interface provides an employee authorization form for the release of pertinent information to the supervisor regarding the progress of treatment and encourages this release if the employee has been referred by a supervisor. Employees who make their own contact (self-referrals) with the EAP will be encouraged to share information with supervisors if deemed appropriate by the counselor. No reports will be made to CITY OF BAYTOWN concerning self-referrals other than the agreed upon reports in Section I. Neither the purpose nor content of the contact by an employee or family member will be revealed to any representative of the City. CITY OF BAYTOWN will provide a list of employees including their social security number to Interface for the purpose of verifying employment. An updated list will be provided as employment changes. Agreed upon analysis are dependent on the existence of data to be provided by CITY OF BAYTOWN in a relatively accessible form with all due regard for the confidentiality of employees. Except as provided herein, or by law, the identity of the employee or family member, the nature of the contact, treatment progress and prognosis, will be confidential and reported to no one without the written consent of the employee or family member. VI. Consultation An EAP professional will be available to employees and family members 24 hours a day via the national toll free number to set up a counseling appointment. The EAP may also be called upon by supervisors to assist in problem identification, documenting impaired job performance, intervention with a problem employee, or other concerns. Sessions with a counselor will be on an as needed basis, and will be free of charge to the employee and/or family member as described herein. The EAP will be used first to obtain an assessment of the problem. If the problem is short term, additional EAP sessions will be available for the person(s) seeking help. If the problem is long term, a referral to the appropriate program(s) shall be made prior to exhausting the full 6 sessions. During the term of this Contract, Interface EAP, Inc. shall provide free of charge six counseling sessions per problem per year for each family member. If further treatment is needed that is not covered under insurance, Interface will work to make available that treatment at a reduced cost to the family. Referrals for legal problems are provided through Law Phone. Provided is one phone consultation per problem, with a maximum of three uses per plan year. Additionally, a local 4 referral with one 30 minute session at no charge to determine the situation or problem is provided. Additional services with the attorney are provided at a reduced rate. Employees will have 2 Financial Planning sessions per family, per year. All services are provided via telephone. VII. Program Cost The monthly retainer charge for the services of Interface EAP, Inc. is as follows: 2.60 per employee per month The above charge is to be paid in quarterly installments based on the number of covered employees at the beginning of each month. The first being due on October 1, 1998. VIII. Term of Contract The term of this contract shall be from October 1, 1998 through September 30, 1999. IX. Exhibit Additional terms of this contract are contained in Exhibit "A" which is attached hereto and incorporated herein by this reference for all intents and purposes. AGREED TO AND EXECUTED THIS q) DAY OF 1998. CITY OF BAYTOWN By t,- e. Title ay o r INTERF P, INC. itle 5 Exhibit "A" These Exhibit "A" shall supersede and control over the terms and conditions contained in the Contract for Managed Mental Health Plus and Employee Assistance Program provided by Interface EAP, Inc., for the City of Baytown dated the day of September, 1998 to the extent that there is conflict. Interface EAP, Inc., shall comply with all rules, regulations and laws of the United States of America, the State of Texas, and all laws, regulations and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. It is expressly agreed and understood by all parties heretro that Interface EAP, Inc., is an independent contractor in its relationship to the City. Nothing herein contained at any time or in any manner shall be construed to effect a contract of partnership or joint venture or render any party hereto the employer or master of any other party and/or its employees, agents or representatives. All necessary personnel shall be deemed employees of Interface EAP, Inc. The City, besides all other rights or remedies it may have, shall have the right to terminate this contract with or without cause upon thirty (30) days written notice from the City Manager to Interface EAP of the City's election to do so. Furthermore, the City may immediately and without notice terminate this Contract if Interface EAP breeches this Contract. A breech of this contract shall include, but not be limited to, the following: 1.failing to pay any payments due the City, State or Federal Government from Interface EAP, Inc., or its principals, including,but not limited to, any taxes, fees, assessments, liens, or any payments identified in this contract; 2.the institution of voluntary or involuntary bankruptcy proceeding against Interface EAP; 3.the dissolution of Interface EAP; 4.the violation of any provision of this contract; and/or 5.the abandonment for the Contract or any portion thereof and discontinuance of Interface EAP's services or any portion thereof. Upon delivery of any notice of termination required herein, Interface EAP, Inc., shall discontinue all services in connection with the performance of the Contract. Within thirty (30) days after receipt of the notice of termination, Interface EAP, Inc., shall refund any monies prepaid by he City prorated to the date of the termination. Interface's Initials City's Initials..4 6 All notices required to be given hereunder shall be given in writing either by telecopier, overnight, or facsimile transmission, certified or registered mail at the respective addresses of the parties set forth herein or at such other address as may be designated in writing by either party. Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the following addresses: Interface EAP, Inc, Interface EAP, Inc. Attn: Executive Director 7670 Woodway, Suite 350 Houston, TX 77063 Fax: (713) 784-3241 CITY City of Baytown Attn: City Manager PO Box 424 Baytown, TX 77522 Fax: (281) 420-6586 Interface EAP shall not sell, assign, or transfer any of its rights or obligations under this Contract in whole or in part without prior written consent of the City, nor shall Interface EAP assign any monies due or to become due to it hereunder without the previous consent of the City. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy occurring as a result of any future default or failure of performance. This contract shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Harris County. Interface's Initials L City's Initials !4"t 7 All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. This Contract contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. This contract shall not be amended or modified without the express written consent of both parties hereto. The officers executing this Contract on behalf of the parties hereby represent that such officers have full authority to execute this contract and to bind the party he/she represents. Interface's Initials 3 City's Initials 8