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CCR2007199. . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #199-2007 APPROVAL OF AGREEMENT FOR EMPLOYEE ASSISTANCE PROGRAM WHEREAS, The Finance Committee, in consultation with the City Administrator, has reviewed the terms of an agreement with National Employee Assistance Services, Inc. (NEAS) to provide an Employee Assistance Program for two years commencing January 1, 2008 through December 31, 2009 at an annual cost of $18.96 per employee; and WHEREAS, The Finance Committee has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve of the City entering into an agreement with National Employee Assistance Services, Inc. to provide an Employee Assistance Program for two years commencing January 1, 2008 through December 31,2009 at the annual rate of $18.96 per employee, including full and part-time employees and excluding seasonal employees. BE IT FURTHER RESOLVED That the Mayor and City Administrator, as the organization contact person, are authorized to sign the agreement in the name of the City. DATED THIS 23RD DAY OF OCTOBER ,2007. SPONSORED BY: FINANCE COMMITTEE Ald. Bob Melcher Ald. Neil Borgman Ald. Keith Werner This is to certify that this is a true and accurate copy of Resolution #199-2007 which was adopted by the Common Council of the City of skego. 10/2007jmb . . . CITY OF MUSKEGO Staff Report to Finance and Common Council To: Finance and Common Council Re. Strategic Goal #: (for future use) From Administrator's Office Presenter(s): City Administrator Subject: Topic for Presentation/Report to Common Council: Renewal of Employee Assistance Program - NEAS, Inc. Employee Assistance & Worklife Core Services Program Agreement Date: October 17, 2007 for October 23rd meeting Background Information: The City has had an agreement with NEAS, Inc. since Jan., 1997 to provide an Employee Assistance Program for our employees and their families. The provided program called Life Matters offers counseling, resources and referrals in a variety of areas including family, work and health. A program brochure is attached for your information. Key Points and/or Information for Discussion (Maximum of 5): 1. This program is an employee benefit provided by the City. Any change to it would need to be discussed with the labor unions. 2. The cost of the program is not increased over the prior two years. 3. The program is currently not being utilized by employees. I recommend the program continue with a concerted effort this year to educate our employees on it's resources, benefits. 4. Many of these programs were put in place related to the Drug Free Workplace Act. Recommendation for Action by Finance/Common Council: I recommend the Finance Committee and Council approve the proposed two year agreement with NEAS, Inc. for 2008 - 2009 for provision of an Employee Assistance Program. Fiscal Note(s): The cost for this program is $1.58 per employee per month, or $18.96/yr. Total $ Requested: for approx. 139 employees, cost would be $2,635/yr. Amount of Total Requested Budgeted: Total Amount of Total Requested Unbudgeted: $0 Expenditure Account(s) number recommended be used: Varies by Department (1011 7/07) 1 . NEAS. INC. EMPLOYEE ASSISTANCE & WORKLIFE CORE SERVICES PROGRAM AGREEMENT AGREEMENT made as of January 1, 2008, by and between NEAS, Inc., a Wisconsin corporation, N17 W24100 Riverwood Drive, Waukesha, WI 53188 (hereinafter referred to as "NEAS"), and City of Muskego, a Wisconsin corporation (hereinafter referred to as "Client"). The parties to this Agreement, in consideration of the mutual covenants and stipulations set forth herein, agree as follows: 1. TERM: The term of the Agreement shall be for twenty-four (24) months commencing January 1, 2008 through December 31, 2009. 2. COVERED PERSONS: NEAS shall provide the services described in this Agreement to the following persons, hereinafter referred to as "Covered Persons": a. all U.S. and Canadian based employees of Client (hereinafter "Covered Employees"); b. dependents of a Covered Employee as dependents are defined under Client's applicable health care plan; . c. the spouse or significant other of a Covered Employee, whether or not defined as a "dependent" for the purposes of Client's health care plan; d. other persons permanently residing with a Covered Employee, whether or not defined as a "dependent" for the purposes of Client's health care plan. 3. OBLIGATIONS OF NEAS: NEAS hereby agrees to provide the following services as part of an Employee Assistance and Work/Life Program (hereinafter "EAP"): a. Services for Covered Persons as follows: (1) Unlimited 24-hour telephonic access to NEAS counselors for problem assessment, counseling, crisis intervention, resource finding and referral. (2) Up to three (3) sessions of scheduled face-to-face assessment and counseling per case when clinically appropriate with a NEAS counselor or affiliate. NEAS counselors have independent discretion to authorize additional face-to-face sessions in specific cases. (3) When necessary, referral to an appropriate counseling, treatment facility or helping agency. Referral options could include self-referrals only after . 2 . using all EAP authorized sessions and upon completion of a freedom of choice affidavit. (4) Quality Assurance follow-up on each Covered Person referred by the EAP to outside services to determine the success of the referral and any need for further assistance. (5) Coordination and collaboration with those treatment facilities and community agencies and organizations that provide services for Covered Persons who use the EAP. (6) Provision of dependent care information, including access to online search capabilities for child and elder care resources. (7) Self Assessment Program available by toll-free telephone and at NEAS' web site on the Internet 24 hours a day. (8) Provision of specialized consultation for legal concerns of Covered Persons, except for employment and business law matters, and except where the interests of a Covered Employee would be adversely affected. . (9) Provision of specialized consultation for financial concerns of Covered Persons, including counseling on budget and debt management issues. Financial planning services, if requested, shall be made available to Covered Persons for an additional charge made directly to the Covered Person. b. Services to Client's management and supervisors as follows: (I) Consultation and assistance in designing, developing and implementing the EAP, including assistance in developing Client's policy for the EAP and/or a policy for provision of employee drug testing. (2) In conjunction with Client, consultation in developing Client goals and objectives for the EAP, in determining methods for evaluating progress toward achievement and in recommending any necessary improvements to facilitate attainment. (3) 24-hour telephone consultation for Client's managers and/or supervisors regarding intervention strategies with employees exhibiting poor work performance and/or experiencing personal difficulties, and regarding the appropriate use of EAP services in supporting rehabilitation as part of any necessary job action. (4) Assistance in investigating and resolving any complaints and/or concerns expressed by Client or Covered Persons regarding the EAP. . 3 . (5) Trauma response and other on-site consultation services may be purchased on a fee-for-service basis. (6) Assistance in analyzing and interpreting NEAS' reports of EAP usage, employee problem trends, case outcome information and consumer satisfaction, as we]] as related recommendations for program enhancements. (7) Return-to-work conferences as requested by Client. (8) Assistance in expediting referral of Covered Employees for "fitness for duty" evaluations in conjunction with a]]eged mental health or chemical dependency problems. NEAS wi]] not make fitness for duty determinations. NEAS will identify and refer to a licensed physician/psychiatrist or psychologist for this purpose. Costs for fitness for duty evaluations are the responsibility of Client. c. Program reporting which will include: (1) Ongoing evaluation and reporting to include written reports of EAP utilization, employee problem trends, case outcome data, training evaluations, supervisor use of the program, and demographic information on a semiannual and annual basis. . (2) An annual written report of the results of ongoing satisfaction surveys of Covered Persons who used the EAP. (3) A]] utilization, demographic, satisfaction and other reports by NEAS wi]] be presented so as to keep confidential the identities of Covered Persons who use the EAP. d. Training programs and/or materials as specified in the Business Proposal attached and referenced herein as Exhibit A. e. Assistance in the internal promotion of the EAP through the design, production and provision of informational materials as specified in the Business Proposal attached and referenced herein as Exhibit A. f. NEAS assumes responsibility for compliance with the laws and regulations applicable to services to be provided under this Agreement, and NEAS agrees to maintain professional liability insurance in the amount of not less than $1,000,000 per claim or $3,000,000 annual aggregate during the term of this Agreement, which insurance shall include coverage for contractually-assumed liability. Affiliate counselors under contract to NEAS currently maintain professional liability insurance of not less than $ I ,000,000 per claim or $1,000,000 annual aggregate. A copy of the insurance certificate wi]] be furnished to Client upon request. NEAS will be solely liable in any claim or . . . . 4 suit for damages brought as a result of the negligence of NEAS or its employees/representatives, affiliates or sub-contractors, and any damages sustained by Client due to the negligence of NEAS or its employees/representatives, affiliates or sub-contractors will be recoverable from NEAS by Client. Client will be solely liable in any claim or suit for damages brought as a result of the negligence of Client or its employees/representatives and any damages sustained by NEAS will be recoverable from Client by NEAS. g. NEAS and its employees and affiliates shall be deemed to be independent contractors and in no sense shall be considered employees or agents of Client. h. Clinical staff hiring requirements shall include a minimum of a master's degree in a human service discipline, two or more years of full-time counseling experience in a mental health or chemical dependency treatment setting, one or more years of telephone counseling experience, including crisis intervention and after two years of EAP experience, certification as an Employee Assistance Professional (CEAP). i. NEAS has a commitment to continuing quality improvement as outlined in the Quality Assurance Initiative. This document is available upon request. Quality assurance audits are reviewed quarterly by the Senior Vice President along with opportunities for improvement. j. NEAS will maintain confidential records on Covered Persons for a period of seven (7) years. All records that NEAS prepares and maintains are the sole property of NEAS and will be confidentially retained by NEAS in the event this Agreement is terminated. k. NEAS will maintain the confidentiality of all Covered Persons' EAP records except to the extent that disclosure is authorized by the Covered Person in writing, or is otherwise mandated by federal and state law. All EAP case records are maintained in compliance with all federal and state laws protecting the confidentiality and security of EAP records. NEAS maintains a comprehensive standard procedure on the confidentiality of case records that prescribes how Covered Persons' case records are to be maintained. NEAS procedures are also fully compliant with the Federal Health Insurance Portability and Accountability Act (HIPAA) that became effective April 14, 2003. 4. OBLIGA nONS OF CLIENT: a. For the services specified in section 3 Client agrees to pay NEAS the sum of $5,270.88 payable in monthly installments of $219.62 on or before the first day of each month during the term hereof, beginning January I, 2008. The sum specified in this section is based on a range of 135 to 143 Covered Employees, and shall be subject to per capita adjustment in the event of a change in employment as provided in this 5 . subsection. In the event that the number of Covered Employees shall vary outside of such range, Client agrees to notify NEAS in writing of such change, within 30 days thereof, stating the new number of Covered Employees. Effective as of the beginning of the month following such change in employment, or the date of such notice, whichever is later, the amount payable specified above shall be adjusted to $1.58 per Covered Employee per month, which rate shall be effective for a range of employees equal to the number specified in such notice plus or minus 2-1/2% thereof, subject to further adjustment as provided in this subsection. b. Client acknowledges that NEAS' rates, specified in this Section, are based on the assumption that Covered Persons' utilization of services will not be "incentivized". For the purposes of this Agreement, "incentivized" means use of the services by Covered Persons that is promoted by Client through monetary or other material incentives or rewards offered or provided to Covered Persons. Situations in which a Covered Employee is encouraged or required to use NEAS' services in conjunction with a Client-initiated performance referral to NEAS are not "incentivized". In the event Client wishes to incentivize Covered Persons to use any or all services by means of monetary or other material incentives or rewards, then the rates specified herein are subject to change. If Client wishes to incentivize use of the services by Covered Persons, then parties to this Agreement will establish a revised rate structure to be implemented at the time said incentives become active. If a new rate structure cannot be agreed to by the parties, then NEAS may elect to terminate this Agreement upon not less than thirty (30) days written notice to Client. . c. For the services specified in section 3 as available on a fee-for-service basis, which are requested by Client, Client agrees to pay NEAS at the rates in place at the time of service. Such amounts shall be invoiced monthly as incurred, which invoices shall be payable upon recept. d. Preapproved non-local travel and per diem costs incurred by NEAS in the provision of services requested by Client will be paid by Client. Such amounts shall be invoiced as incurred, which invoices shall be payable upon receipt. e. Without limiting any of NEAS' legal or equitable rights or remedies, NEAS may terminate this Agreement effective upon notice to Client if Client shall have failed to pay any amount owing to NEAS pursuant to this Agreement and shall not have cured that failure in full within thirty (30) days following NEAS' notice of that failure. f. Client agrees to assume mutual responsibility with NEAS for facilitating any and all program promotion and/or training efforts specified in this Agreement, and further acknowledges and agrees that in the event that said efforts do not occur because of the inability of Client to facilitate them despite NEAS' readiness and availability in this regard, that NEAS will not be held accountable for such failure. g. Client agrees to assume mutual responsibility with NEAS for implementing and maintaining the Policy on Confidentiality of Client Records and Information attached hereto and referenced herein as Exhibit B. . 6 . 5. MISCELLANEOUS: a. Neither party to this Agreement shall use the other party's name or trademarks or other intellectual property in any advertising, written sales promotion, press releases and/or other publicity matters relating to this Agreement without the other party's consent. Notwithstanding the foregoing, during the term of this Agreement, NEAS may list Client's name on customer lists provided to prospective buyers of NEAS' services and Client may include NEAS' name in any public filings. IN WITNESS WHEREOF, the parties hereto have executed this Agreement at Waukesha, WI as of the day and year written above. NEAS, INe. CITY OF MUSKEGO /1 f /J By: é ~/ C)~ Carol Barr, Vice President, Finance Date: lù!3l!(jl Date: I II) ! D ') . By: Lisa Stubing, Account Represen ive B;-::S-<<-~~~~ ~~~ Organization Contact Person Date:~ Date: \~\~\ (Rev 10/07 - CB) . . . . City of Muskego Initial Employee Population: 139 Employee Assistance & W ork/Life Services Program Exhibit A ---- ---- - -- First Year 111/08 to 12/31/08 A. Contract Term B. Program Implementation . Planning and EAP Policy Consultation . Manager training . Employee orientation (may include family) C. Clinical Services 24-hour, toll-free telephone access for problem evaluation & crisis counseling Scheduled face-to-face problem evaluation & crisis counseling . Quality assurance follow-up Included By CD or online By CD or online Included (around-the-clock, 365 days/yr.) Included (up to 3 sessions per case) Self Assessment Program (phone & Internet) Included Included D. Consultation Services 24-hour, toll-free telephone access for management consultation . EAP Account Representative . Critical incident intervention/debriefing Drug Policy consultation E. Work/Life Services . Legal and Financial Consultation . Child and E]der care information & resource F. Program Promotion Materials . EAP brochures & wallet cards . CDs . EAP magnets . EAP posters . EAP newsletter for employees and families . EAP newsletter for managers G. Additional Training & Education . Workshops, "Brown Bags," and educational programs on topical workplace issues H. Reporting & Feedback . Utilization & Services Reports . Customer Satisfaction Surveys INVESTMENT PER EMPLOYEE, PER YEAR: INVESTMENT PER EMPLOYEE, PER MONTH: Included (around-the-clock, 365 days/yr.) Assigned to service your account Available fee-for-service Included Included Included Included: 170 Included (quarterly) Included (quarterly) Included (quarterly) Available fee-for-service Inc]uded: Semiannually & Annually Annually $18.96 $1.58 ---~--~- --- --- --- ------- -------------- - - ----~-- Second Year ]11 /09 to 12/31/09 Included By CD or online By CD or online Included (around-the-clock, 365 days/yr.) Included (up to 3 sessions per case) Included Included Included (around-the-clock, 365 days/yr.) Assigned to service your account A vai lable fee- for-service Included Included Included Included: As needed for new hires 170 Included (quarterly) Included (quarterly) Included (quarterly) A vai]able fee-for-service Included: Semiannually & Annually Annually $18.96 $1.58 NEAS. INC. . . . Exhibit B: Policy on Confidentiality of Client Records and Information Mandatory Reporting: Employee Assistance Programs (EAP) are governed by federal and state statutes that mandate the reporting of certain situations that, in the judgment of an EAP professional, pose risks of grave physical or emotional harm to one or more persons. The following situations, if brought to the attention of the EAP, will require reporting to a designated authority or otherwise permit breach of confidentiality for purposes of safeguarding persons: . Probable or imminent risk of suicide. . Probable or imminent risk of homicide or grave physical harm to another person. . Possible abuse or neglect of a child or vulnerable adult. . Probable threat to national security. Like other mandatory reporters (i.e., teachers, physicians, psychologists, etc.), EAP professionals are required to comply with these provisions. In cases of suspected abuse or neglect of a child or vulnerable adult, NEAS will first contact the authorized government social service agency and present the situation in question in a hypothetical fashion. If the authorized agency determines that the situation in question is reportable, then NEAS will disclose client information as required by law. Confidentiality in Relation to Employers: Even when EAP client confidentiality is breached due to imminent threat of suicide or homicide, or because of the possibility of abuse or neglect of a child or vulnerable adult, or any other legally mandated cause, EAP client records are not shared with the employer unless specifically requested by the client in conjunction with a written authorization form authorized by the client. When disclosure of client information is mandated by law, such disclosure shall be made only to the extent necessary to comply with the law, and does not extend to the employer unless notification of the employer is necessary to prevent grave physical harm to the client or others in the workplace. Confidentiality in Formal Company Referrals to the EAP: When a supervisor, manager, or HR representative makes a formal (performance-based) referral of an employee to the EAP and requests feedback regarding employee compliance, every effort will be made to obtain an authorization from that referred employee permitting disclosure of pertinent information to an appropriate company representative. If the referred employee refuses to consent to such a release, the EAP will not be at liberty to disclose information to the referring manager or HR representative except as noted in previous sections of this Policy. Confidentiality in Relation to External Requests for Information: If any person or entity solicits EAP client information or requests to know the identity of persons using the EAP, NEAS will not release any such information nor acknowledge any client's use of the program without an authorization from the client in question, or unless compelled to do so by statutory obligation or appropriate court order. HIP AA Compliance: NEAS is fully HIP AA compliant and, in managing client information and communication, will comply with all applicable provisions of the HIPAA Privacy Rule. @ 2007: NEAS, Inc.