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R-01-12-20-10A1 - 12/20/2001RESOLUTION NO. R- 01- 12- 20 -10A1 WHEREAS, the City of Round Rock desires to retain professional consulting services for the development of employee assistance program policies and procedures, and WHEREAS, the Workers Assistance Program, Inc. has submitted an Agreement to provide said services, and WHEREAS, the City Council wishes to enter into said agreement with the Workers Assistance Program, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with the Workers Assistance Program, Inc. for the development of employee assistance program policies and procedures, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. . :ODMA\ WowD OX\ o: \WDOX \RESOLUTI \R1122OA1.WPD /sc AT.E T: RESOLVED this 20th day of December 2001. CHRISTINE R. MARTINEZ, City Secretary 2. 1 Agrh. 40141 ROBE ' STLUKA, JR., A yor City of Round Rock, Texas CITY OF ROUND ROCK, TEXAS AGREEMENT FOR PROFESSIONAL SERVICES WITH WORKERS ASSISTANCE PROGRAM (WAP) Agreement THIS AGREEMENT is made and entered into by and between the Workers Assistance Program, Inc. (WAP, Inc.) and the City of Round Rock, Texas, a Texas Home Rule Municipal Corporation (CITY) and is as follows: 1. SERVICES TO BE PERFORMED BY WAP, Inc. Subject to the terms and conditions described herein, WAP, Inc. will provide consultation and technical assistance for the development of employee assistance program policies and procedures, sessions of employee assistance program (EAP) training for the supervisory staff of the City which shall focus on orientation to the EAP and procedures for intervention and referral of troubled employees. WAP, Inc. will provide materials for staff orientation. WAP, Inc. will provide assessment & referral services to City of Round Rock employees and their immediate family members, former City employees (up to six (6) months), and City retirees , hereinafter, collectively referred to as "Covered Clients." After assessment is made of the covered client within one (1) to six (6) sessions and if further care is indicated, WAP, Inc. will refer the client to the treatment resource WAP, Inc. considers appropriate, including but not limited to financial and legal advisors, physicians, psychologists, public and private agencies, and in- and out - patient treatment facilities for chemical dependency within the financial means of the client. WAP, Inc. will provide appropriate follow -up and statistical reporting on a regular basis to City management subject, however, to the restrictions under applicable laws and regulations relating to client confidentiality and privacy. Please see Exhibit 1 for additional services which are included in this agreement. 2. SCOPE OF SERVICES. WAP, Inc. agrees to perform the services outlined in paragraph 1, above, and described in greater detail in Exhibit 2, the Proposal for An Employee Assistance Program, which is incorporated fully herein, in a professional manner and in compliance with applicable City ordinances and State and Federal laws. 3. FEES. Payment shall be made by City to WAP, Inc. in the form of a fee for all services in the amount of $1.63 per employee per month covered under the contract. This amount shall be invoiced on a monthly basis. The initial fee is based on the number of employees covered at the time of the contract agreement and will be adjusted monthly in response to a decrease or increase in the number of employees covered. EXHIBIT a ”An 4. TERM. This Agreement shall commence on December 1, 2001 and shall be for a term of 12 months. This agreement may be renewed for four (4) additional terms with the consent in writing of both parties. The rate charged by WAP, Inc. will remain fixed at $1.63 per covered employee for the first thirty-six (36) months of the agreement. Thereafter any fee increase requested shall be in writing and agreed to in writing by the City. Notwithstanding anything to the contrary contained herein, this Agreement may be terminated by either party upon thirty (30) days written notice to the other party. 5. NON - APPROPRIATION. This Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of the City does not appropriate sufficient funds. 6. LOCATION. All initial training and consultation for City personnel shall take place on premises provided by City. Evaluation and referral services with respect to covered clients will be conducted at the closest proximity WAP, Inc. office or at an agreed to alternative site accessible by the client and WAP, Inc. staff. 7. AMENDMENTS. This Agreement may be amended at any time by mutual agreement of the parties hereto, but any such amendment shall not be operative or valid unless the same is reduced to writing, executed by the parties and attached hereto. 8. NOTICES. Any notices required or permitted to be given hereunder shall be mailed, postage prepaid, certified mail, return receipt requested, or delivered in person to the parties at the following addresses: Workers Assistance Program, Inc. 2525 Wallingwood Drive, Building 5 Austin, Texas 78746 Assistant City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Other addresses may be designated by either party on written notice to the other party. All communications, notices, or other written instruments shall be deemed to have been delivered when actually delivered in person to the respective party, or if mailed postage prepaid in accordance with this paragraph, on the mailing date. 9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties relating to the matter discussed herein, and no prior, contemporaneous or subsequent oral agreement, understanding, representations or agreement shall be binding unless this agreement is amended in writing pursuant to the terms of Paragraph 7, above. 10. APPLICABLE LAW. This agreement shall be governed by the laws of the State of Texas. No rights, remedies, and warranties available to the City under this agreement or by operation of law are waived or modified unless expressly waived or, modified by the City in writing. 11. INDEMNIFICAITON. WAP, Inc. agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees arising out of or in connection with any act or omission, negligence, willful misconduct in the performance of this Agreement done by WAP, Inc., its officers, agents, employees, or subcontractors under this Agreement. 12. ASSIGNMENT. WAP, Inc.'s rights and duties awarded by this Agreement may not be assigned to another without the written consent of the City and signed by the City's authorized agent. Unless specifically stated to the contrary, in any written consent to an assignment, no agreement will release or discharge the assignor from any duty or responsibility under this Agreement. EXECUTED day of December, 2001. Workers Assistance Program, Inc. By: Terrence R. Cowan, Chief Executive Officer ATTEST: City of Round Rock By: Name, Title Exhibit 1 The following service has been added to this contract at no additional cost: LawAccess This legal consultation service covers all 50 states, Canada and Puerto Rico. The service includes a free online law library with many common legal documents available such as bills -of -sale, free 30- minute consultation by phone or in person with a licensed attorney for most legal issues including civil issues, consumer issues, personal /family law, business legal issues, real estate and IRS matters. (Labor relations issues are specifically excluded.) If after the free visit the participant decides to go forward with a network attorney a 25% discount from the standard fees will be applied. Free financial consultation with licensed CPAs is also included for such issues as income tax preparation. EAP Questions & Answers Q. How does the EAP work? A. Call the toll free number (800.343.3822) anytime, 24 hours a day, 365 days a year, to speak to one of our professionals or to set an appointment with an EAP counselor. During the assessment, a licensed counselor objective, appropriate solutions t Q. Does the EAP cost': A. There are never any charg for EAP services. Assessment intervention counseling, and sho counseling are provided free of any additional help which may are usually based on what you c some cases, may be covered by other benefits. Q. Is the EAP confide A. Yes! Workers Assistance Pro all applicable state and federal co laws. We strictly protect the rig4 all employees and their family Q. Whatiflhaveac A. Licensed clinicians are avai a day, 365 days a year to help w crisis. Simply call your EAP, immediately connected to a pro can help. 411/■4 WAP www.wa peap.com "The EAP Specialists" For further information or assistance with a problem, please call Workers Assistance Program Austin Area - 512.328.1144 Toll Free - 800.343.3822 Toll Free Teen Helpline 800.334. TEEN (8336) Telecommunication Device for the 800.448.1823 e handle life's stresses in a number of ways, and usually we cope quite well. Sometimes, however, things can get out of hand and may disrupt our wa , our lives and s- the lives of thug around us, Your Employees sistan P m (40} is designed' to c jadeuiial�� Y deal with life's stresses a tlzlery persohtff problems'that candevelop fran.f RELATIONSHIP PROBLEMS One of the most common problems we can face is difficulty communicating with those close to us. This can be a break -down in the relationship between parents and children, partners or any other family members. Stress in a relationship e most emotional problems we e you feel "stuck" or otherwise our EAP can provide confidential, al help to rebuild a loving relationship. RESSION OR ANXIETY ds to the point that our emotions d the problem continues e may become fearful or times both. When this happens, needirofessional help to get back on is available to help reduce the sions that arise on and off the ree and confidential. CHILD AND ELDER CARE Whether you are a single pnt,or both of you work, child care can be an i.S,, en you are trying to juggle career and r. ou may need help locating quality e.y b o have relocated, or you may' <'' a problem rrent child care provider. Perhaps advice about a stage o you n developmentrliat your child EAP can provide help wrtn, 1 of these'issues. Many adults today findthenfselves in the position of providing care for or needing to identify proper cator a parent or another elder:' You may nett trtfinmation.# tt#inw to approach ceatptcs as movingtk.nik EAP has th ianswgr egal problemsi members are EAP can provide, resources to addre divorce or DWI, to a di mortgage. Yopr call is free Again,* or family FINANCIAL ISSUES cal problems are often a cause of distress in our lives. Your EAP can pr ort -term counseling and referrals to fa experts within your community. T unity resources can help with debt, credit rating, and udgeting problems, as well as many other types financial difficulties. A L AND OTHE G PROBLEMS The ongoing alcohol or other drugs rescription and illicit drugs) often results in , legal, financial, career an ..+.'tual oholism and o ons s family tlln family ngly affecte� �`.ythe addiction the signs of addiction are ontrol, continued use equences. ne ques et. Professional help is a s of problems throu ith any questions. at you or some th alcohol or any othe es alcohol (or you name the or those around ," confidential, u and y ur EAP. You OTHE BLEMS or many other EAP. Give us a DATE: December 14, 2001 SUBJECT: City Council Meeting — December 20, 2001 ITEM: 10.A.1. Consider a resolution authorizing the Mayor to execute an Agreement with the Workers Assistance Program, Inc. for the development of employee assistance program policies and procedures. Resource: Teresa Bledsoe, Human Resources Director History: This will be our first official Employee Assistance Program. The EAP will provide confidential and voluntary assistance to all employees and their family members who may be faced with dynamic challenges of financial concerns, legal issues, alcohol or drug problems, marital problems, illness, etc. EAP services encourages employees to seek help for problems such as depression, relationship issues, substance abuse problems, legal problems, financial problems and child and elder care. The services provide supervisors with consultation training, and win -win processes to deal with difficult or problem employees. The professional resource increases the opportunity for an employee to maintain confidentially and frees supervisors and managers to attend to other business issues. Funding: Cost: Not to exceed $15,000 ($1.63 per eligible employee per month) Source of funds: General Fund, Human Resources Outside Resources: N/A Impact: Provide a reasonably safe and healthful environment for employees and the public. Benefit: Utilizing EAP service would help reduce the utilization of the health cost. Public Comment: N/A Sponsor: N/A CITY OF ROUND ROCK, TEXAS AGREEMENT FOR PROFESSIONAL SERVICES WITH WORKERS ASSISTANCE PROGRAM (WAP) Agreement THIS AGREEMENT is made and entered into by and between the Workers Assistance Program, Inc. (WAP, Inc.) and the City of Round Rock, Texas, a Texas Home Rule Municipal Corporation (CITY) and is as follows: 1. SERVICES TO BE PERFORMED BY WAP, Inc. Subject to the terms and conditions described herein, WAP, Inc. will provide consultation and technical assistance for the development of employee assistance program policies and procedures, sessions of employee assistance program (EAP) training for the supervisory staff of the City which shall focus on orientation to the EAP and procedures for intervention and referral of troubled employees. WAP, Inc. will provide materials for staff orientation. WAP, Inc. will provide assessment & referral services to City of Round Rock employees and their immediate family members, former City employees (up to six (6) months), and City retirees , hereinafter, collectively referred to as "Covered Clients." After assessment is made of the covered client within one (1) to six (6) sessions and if further care is indicated, WAP, Inc. will refer the client to the treatment resource WAP, Inc. considers appropriate, including but not limited to financial and legal advisors, physicians, psychologists, public and private agencies, and in- and out - patient treatment facilities for chemical dependency within the financial means of the client. WAP, Inc. will provide appropriate follow -up and statistical reporting on a regular basis to City management subject, however, to the restrictions under applicable laws and regulations relating to client confidentiality and privacy. Please see Exhibit 1 for additional services which are included in this agreement. 2. SCOPE OF SERVICES. WAP, Inc. agrees to perform the services outlined in paragraph 1, above, and described in greater detail in Exhibit 2, the Proposal for An Employee Assistance Program, which is incorporated fully herein, in a professional manner and in compliance with applicable City ordinances and State and Federal laws. ORIGINAL 3. FEES. Payment shall be made by City to WAP, Inc. in the form of a fee for all services in the amount of $1.63 per employee per month covered under the contract. This amount shall be invoiced on a monthly basis. The initial fee is based on the number of employees covered at the time of the contract agreement and will be adjusted monthly in response to a decrease or increase in the number of employees covered. 4. TERM. This Agreement shall commence on December 1, 2001 and shall be for a term of 12 months. This agreement may be renewed for four (4) additional terms with the consent in writing of both parties. The rate charged by WAP, Inc. will remain fixed at $1.63 per covered employee for the first thirty-six (36) months of the agreement. Thereafter any fee increase requested shall be in writing and agreed to in writing by the City. Notwithstanding anything to the contrary contained herein, this Agreement may be terminated by either party upon thirty (30) days written notice to the other party. 5. NON - APPROPRIATION. This Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of the City does not appropriate sufficient funds. 6. LOCATION. All initial training and consultation for City personnel shall take place on premises provided by City. Evaluation and referral services with respect to covered clients will be conducted at the closest proximity WAP, Inc. office or at an agreed to alternative site accessible by the client and WAP, Inc. staff. 7. AMENDMENTS. This Agreement may be amended at any time by mutual agreement of the parties hereto, but any such amendment shall not be operative or valid unless the same is reduced to writing, executed by the parties and attached hereto. 8. NOTICES. Any notices required or permitted to be given hereunder shall be mailed, postage prepaid, certified mail, return receipt requested, or delivered in person to the parties at the following addresses: Workers Assistance Program, Inc. 2525 Wallingwood Drive, Building 5 Austin, Texas 78746 Assistant City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Other addresses may be designated by either party on written notice to the other party. All communications, notices, or other written instruments shall be deemed to have been delivered when actually delivered in person to the respective party, or if mailed postage prepaid in accordance with this paragraph, on the mailing date. 9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties relating to the matter discussed herein, and no prior, contemporaneous or subsequent oral agreement, understanding, representations or agreement shall be binding unless this agreement is amended in writing pursuant to the terms of Paragraph 7, above. 10. APPLICABLE LAW. This agreement shall be governed by the laws of the State of Texas. No rights, remedies, and warranties available to the City under this agreement or by operation of law are waived or modified unless expressly waived or, modified by the City in writing. 11. INDEMNIFICAITON. WAP, Inc. agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees arising out of or in connection with any act or omission, negligence, willful misconduct in the performance of this Agreement done by WAP, Inc., its officers, agents, employees, or subcontractors under this Agreement. 12. ASSIGNMENT. WAP, Inc.'s rights and duties awarded by this Agreement may not be assigned to another without the written consent of the City and signed by the City's authorized agent. Unless specifically stated to the contrary, in any written consent to an assignment, no agreement will release or discharge the assignor from any duty or responsibility under this Agreement. EXECUTED Of day of December, 2001. Workers Assistance Program, Inc. By: Terrence R. Cowan, Chief Executive Officer .naktfil. 617 SEG/WI y 11/12/2002 13:07 5123283129 WAP NOU -07 -2002 15:28 CITY OF ROUND ROCK 9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties relating to the matter discussed herein, and no prior, contemporaneous or subsequent oral agreement, understanding, representations or agreement shall be binding unless this agreement is amended in writing pursuant to the terms of Paragraph 7, above. 10. APPLICABLE LAW. This agreement shall be governed by the laws of the State of Texas. No rights, remedies, and warranties available to the City under this agreement or by operation of law axe waived or modified unless expressly waived or, modified by the City in writing. 11. INDEMNIFi [A1TON. WAP, Inc. agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees arising out of or in connection with any act or omission, negligence, willful misconduct in the performance of this Agreement done by WAP. Inc., lts officers, agents, employees, or subcontractors under this Agreement. 12. ASSIGNMENT. WAP, Inc.'s rights and duties awarded by this Agreement may not be assigned to another without the written consent of the City and signed by the City's authorized agent. Unless specifically stated to the contrary, in any written consent to an assignment, no agreement will release or discharge the assignor from any duty or responsibility under this Agreement. EXECUTED d O day of December, 2001. Workers As am, Inc. NOU -12 -2002 12:22 Ci By: Name, isle ecutive Officer Ci ry 66c+eE771RY 5123283129 98% PAGE 82 5122187097 P.04'55 P.02 Exhibit 1 The following service has been added to this contract at no additional cost: LawAccess This legal consultation service covers all 50 states, Canada and Puerto Rico. The service includes a free online law library with many common legal documents available such as bills -of -sale, free 30- minute consultation by phone or in person with a licensed attorney for most legal issues including civil issues, consumer issues, personal /family law, business legal issues, real estate and IRS matters. (Labor relations issues are specifically excluded.) If after the free visit the participant decides to go forward with a network attorney a 25% discount from the standard fees will be applied. Free financial consultation with licensed CPAs is also included for such issues as income tax preparation. * * * ** * * * * * * * * ** -COMM. JOURNAL- * * * * * * * * * * * * * * * * * ** DATE NOV -07 -2002 * * * ** TIME 15:29 * ** P.01 MODE = MEMORY TRANSMISSION FILE NO.= 044 STN NO. COM ABBR NO. STATION NAME /TEL.NO. PAGES DURATION 001 OK s 93287384 005/005 00 -CITY OF ROUND ROCK ***** * * * * * * * * * * * ** * * * * * * * * * * * * * * * * ** - 5122187097 II - '7 - FAR COVER SHEET DATE: �� ATTENTION: / y{ ,�,, ev'_`-�li - e ) . �a s- 738 � FAX N: TOTAL PAGES (INCLUDING COVER SHEET): FROM: Christine Martinez DEPARTMENT: Administration START= NOV -07 15:27 END= NOU -07 15:29 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY - * * * ** - 5122187097 * * * * * * * ** 5 PHONE: 218 -5404 COMMENTS:' ( JN- / V a / ' / 4 ,2 2 4 A 1 j y .■ N 1. � i9 • 1 (.9" -A .197 • 1 ••_ + A11. +i ♦. WJL ._III • . •• — 0l— /e— a0 = /OW/ . Please call if you do not receive all the pages. City of Round Rock - Administration Phone: (512) 218 -5401 Fax: (512) 218 -7097 11/12/2002 13:07 5123283129 WAP Workers Assistance Program, Inc. To: 1 C.hr;s+ine rnartne Company /Organization : • - City of Round Rocr. Fax Number : From : Date : Materials Sent : NOU -12 -2002 12:21 215 - - 3-0q} 1 1 Laurol Lyons 1 1 1 / 1 2 7 o 2 coma 54 G'c4 Comments : 0/1 6 a 7` WAP FAX Number of Pages Sent: ( Including cover sheet ) 2 Notice: The information contained in this fax is confidential and intesed only forth i di A ual or to which it is addressed. It may contain Information that is privileged, confidential, and exempt from disclosure under the law. hf the reader of this message is not the intended recipient, or the employee or agency responsibe fodeliveri mthe esnageto the intended recipient, you are hereby notified that any dissemination, distribution or copying f herein is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone and return the message to the address below. You will be reimbursed for the postage. 2525 Wallingwood Dr., Bldg. 5 Austin, TX 78746 -6900 Telephone Number : (512) 328 -1144 WAP Fax Number: (512) 328 - 3129 5123283129 98% HAUL 01 P. 01