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Resolution 1996-10 . i STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) RESOLUTION - No. 1996- RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO MERCY CENTER EMPLOYEE ASSISTANCE PROGRAM CONTRACT AGREEMENT WITH THE UNITED CITY OF THE VILLAGE OF YORKVILLE WHEREAS, MERCY CENTER HEALTH CARE SERVICES offers an Occupational Health Services Employee Assistance Program; and WHEREAS, this program is to provide assistance to Employers and their Employees to assist, counsel and support Employees who have personal problems that may or may not effect their job performance; and WHEREAS, the Mayor and the City Council of THE UNITED CITY OF THE VILLAGE OF YORKVILLE after reviewing such an Occupational Services Program believe it is in the best interest of the Employees of THE UNITED CITY OF THE VILLAGE OF YORKVILLE and the Citizens of the VILLAGE OF YORKVILLE that the CITY OF YORKVILLE enter into such an Agreement; and WHEREAS, the City Council and the Mayor believe that such a program will serve the best interest of the community in that it will allow Employees of the CITY OF YORKVILLE to get the services that they need to assist them and to adjust to these problems and maintain a good work record and be able to more fully address the job duties with THE UNITED CITY OF THE VILLAGE OF YORKVILLE; and WHEREAS, this Program provides for a financial benefit in that it provides reduced rates then those of an individual who would seek such services on their own, and therefore is a savings to the CITY OF YORKVILLE overall; and WHEREAS, allowing Employees to seek help for problems through this program will greatly assist the City in maintaining a high level of Employee moral and also maintaining a level of benefits to keep the Employees at a maximum level of service to THE CITY OF YORKVILLE: NOW THEREFORE THAT IT IS RESOLVED BY THE UNITED CITY OF THE VILLAGE OF YORKVILLE that the Mayor is authorized to enter into the Employee Assistance Program Contract Agreement between the UNITED CITY OF THE VILLAGE OF YORKVILLE and MERCY CENTER FOR HEALTH CARE SERVICES. Said Agreement is attached hereto as Exhibit "A". MAYOR ATTEST: IT CLERK Law Offices of Daniel J. Kramer 1107A South Bridge St. Yorkville, Illinois 60560 708.553.9500 OCCUPATIONAL HEALTH SERVICES EMPLOYEE ASSISTANCE PROGRAM This Agreement between Mercy Center for Health Care Services, an Illinois not for profit corporation, ("Mercy Center") the City of Yorkville ("Employer") is effective the 1st day of May, 1996. 1. The goal of this Agreement is to establish an Employee Assistance Program (EAP) for the benefit of the Employer and its employees by establishing and implementing an employee approved mechanism to assist, counsel and support employees who have personal problems that may, or may not, affect their job performance. 2. The basic elements of an EAP include: a) identifying the Employee Assistance Liaison b) assisting the Employer in the development of a written EAP policy and promotional plan c) approval of the EAP policy by management d) supervisor training e) notification to and orientation of employees and their families, and f) establishing a reporting mechanism Mercy Center will assist Employer in the development and implementation of the EAP as requested by the Employer. The actual scope of Mercy Center's services to be performed under this Agreement is set forth in Exhibit A attached hereto. 3. For all services rendered by Mercy Center, Employer agrees to pay Mercy Center the fees set forth in the Schedule of Fees attached hereto as Exhibit B. Unless otherwise stated in Exhibit B, Employer agrees to pay Mercy Center's fee on a quarterly basis, beginning the lst of the month following supervisor training. Invoices for amounts due Mercy Center more than thirty (30) days past due shall bear interest at the rate of twelve (12) percent per annum until paid. 4. A Mercy Center staff member will be designated as the Employee Assistance Director, for the Employer's EAP. The employee's initial contact will be with the Director or appropriate designee, who will determine the nature and extent of the employee's problem and develop an intervention plan. In cases where short term counseling is indicated, i.e., one (1) to three (3) counseling sessions, the Director or designee will provide the needed counseling at Mercy Center on an outpatient basis. 5. Notwithstanding anything stated herein to the contrary, Mercy Center's obligations under this Agreement do not include rendering long-term counseling services to employees (i.e. greater than three (3) counseling sessions) or treatment of employees on an inpatient basis. -2- 6. Employer acknowledges and understands that alcohol and drug abuse information disclosed to the Employer is protected by federal confidentiality rules (42 CFR Part 2) and that federal rules prohibit the Employer from making any further disclosure of this information, unless further disclosure is expressly permitted by the person to whom it pertains. The federal rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient. 7. The parties recognize that this Agreement at all times is to be subject to applicable state, local and federal laws and regulations. This Agreement shall be subject to amendments in such laws and regulations and to new legislation. Any provisions of law that invalidate, or otherwise are inconsistent with the terms of this Agreement, or that would cause one or both of the parties to be in violation of the law, shall be deemed to have superseded the terms of this Agreement, provided, however, that the parties shall exercise their best efforts to accommodate the term and intent of this Agreement to the greatest extent possible consistent with the requirements of law. 8. Unless terminated earlier, this Agreement shall remain in effect for a period of one (1) year from the date hereof. After the expiration of the first three (3) months of this Agreement, either party may terminate this Agreement upon sixty (60) days prior written notice to the other party. 9. This Agreement contains the entire understanding of the parties and supersedes all prior written or oral representations, negotiations, communications, understandings or agreements concerning the subject matter hereof. 10. The terms of this Agreement may be amended, modified, or cancelled only through written instrument signed by both parties. 11. This Agreement shall be governed and interpreted under the laws of the State of Illinois. 12. This Agreement may not be assigned or subcontracted in whole or in part by either party. MERCY CENTER FOR HEALTH CARE CITY OF YORKVILLE SERVICES Joan Lukens- Assoc. Vice President, Planning 3113 y/� 1 Dati Date EXHIBIT A WITNESSETH WHEREAS, Mercy Center is a hospital in the business of providing a wide range of medical and health care services, including, but not limited to, the assessment, counseling, treatment and referral of patients; WHEREAS, Mercy Center has developed an Employee Assistance Program ("EAP") designed to assist corporations in handling the social, behavioral and other life problems of employees; and WHEREAS, Employer desires to implement the EAP for the benefit of its employees. NOW, THEREFORE, for and in consideration of the premises and covenants contained herein, the parties agree to develop and implement the EAP to the Employer's place of business in accordance with the following terms and conditions: 1. DEFINITIONS A. The EAP The EAP is a program whereby Employer makes available to its employees and family members professional and confidential assessment and referral of social, behavioral and other life problems. The specific services provided pursuant to the EAP are further described in paragraph 2.D of this Agreement. B. Employee Employees include all full-time employees of the Employer, who are compiled at Employer's principal place of business as stated above, from the first day of employment. C. Family Member Family members include employee's spouse and children residing in the employee's household. D. Covered Persons Covered persons include employees and family members. DEFINITIONS (continued) Page 2 E. EAP Director The EAP Director shall be an employee of Mercy Center, designated to carry out the assessment, consultation and referral responsibility of Mercy Center, pursuant to this Agreement. The Director shall be experienced in employee assistance counseling and have medical and psychiatric consultation available. F. Service Provider A Service Provider shall be any physician, or other individual, health care provider, agency, institution, or organization to whom the EAP Director or EAP Director's designee refers an employee or family member for diagnosis and treatment. 2. RESPONSIBILITIES OF MERCY CENTER Upon execution of this Agreement, Mercy Center will assist Employer in developing and implementing the EAP at Employer's place of business. Specifically, Mercy Center will provide, subject to the approval of Employer, the following services: A. EAP Development 1) Policy Statement Mercy Center will prepare a written statement describing the EAP, employee and family member eligibility and procedures for utilization of the program. 2) Supervisor's Manual Mercy Center will develop a supervisor's manual, which assists Employer's supervisory personnel in recognizing and understanding employee social, behavioral and other mental health related problems and instructs the supervisor in the proper use of the EAP. B. EAP Marketing 1) Employee Letters Mercy Center will prepare a letter for distribution by Employer to each employee introducing and describing the EAP. 2) Letters to Family Members Mercy Center will prepare a letter to be distributed by the Employer to the family members of each employee introducing and describing the EAP. 3) Literature As mutually agreed between the parties, Mercy Center will provide employer with EAP brochures, posters and wallet cards. The employer will be responsible for distribution of these materials. RESPONSIBILITIES OF MERCY CENTER (continued) Page 3 C. Education Mercy Center will prepare and conduct the following education seminars at Employer's place of business. All seminars shall be scheduled at such times as are mutually agreed upon by the parties. 1) A two hour management-supervisor training session will be presented and include: a) Introduction to the "Broad Brush" EAP concept b) Documented job performance c) How to use EAP for consultation d) How to refer employees to EAP 2) The Policy and Employee Assistance Program will be presented to the employees. This will be done by 30 minute employee orientation sessions. D. EAP Services 1) Assessment/Consultation/Referrals a) Appointments for EAP services can be made by calling (708) 892-2809. A message will be taken and the EAP Director, or appropriate designee, will respond to the call. Scheduling of appointments and other business calls are expected during normal business hours. The EAP is available for emergency situations, 24 hours per day, seven days per week. Depending upon the level of urgency, the EAP will facilitate crisis intervention or schedule an in-person interview the next business day. b) The EAP Director or designee provides assessment, referral, and short term counseling to covered persons and, as deemed appropriate, makes referrals to appropriate service providers for further assessment and disposition. c) EAP sessions shall be conducted on a voluntary basis only. Covered persons may seek EAP services by contacting the EAP directly, or an employee designated by Employer to coordinate the EAP. Employees advised of and encouraged to participate in the EAP, due to a job performance issue, shall be encouraged to notify his/her supervisor of participation in the program, authorize the release of employment records to the EAP Director and authorize the EAP Director to discuss the employee's situation with the Employer. EAP SERVICES (continued) Page 4 d) The EAP Director or designee will follow up with the covered person after referral to a service provider, so as to encourage use of the service provider and offer additional referrals, should the covered person so desire and, if authorized by the covered person, follow up and coordinate the covered person's treatment and progress with the service provider and Employer. However, it is understood that Mercy Center's assessment, evaluation and consultation obligations terminate upon referral of a covered person to a service provider, does not extend to the provision of services by a service provider and that it is the responsibility of each covered person to obtain service provider services and follow prescribed treatment. e) It is understood that service providers will be selected by the EAP Director and that Mercy Center programs, departments and staff members may be selected as service providers if the EAP Director determines, in his/her sole discretion, that said service providers would be appropriate for a particular situation. Statistical review will identify service provider utilization. 2) Referral Resources Mercy Center shall maintain current information regarding multi-treatment services and resources. These include professional services related to chemical addiction, psychiatric illness, marital or relationship issues, stress, grief, family, financial and legal problems. 3) Employer Benefit Plans Mercy Center will become familiar with Employer's medical and disability benefit plans so as to provide covered persons with basic and preliminary information regarding the extent, nature and cost of referral treatment and reimbursement benefits available. In conjunction with this service, Mercy Center will obtain utilization guidelines from any health maintenance organization to which Employer belongs and to the extent possible, establish working relationships with each organization to which Employer belongs and to the extent possible, establish working relationships with each organization providing or administering Employer medical and disability benefits. E. Other Services 1) Health Education and Wellness Consistent with the Mercy Center holistic philosophy of health care, Mercy Center will offer employees two hours of health education and wellness programs per twelve month period of this Agreement. Additional hours of health education and wellness programs may be purchased at Mercy Center's then current fees for conducting said program. Other Services (continued) Page 5 2) Management Reports Mercy Center will provide quarterly and annual reports. Said reports will aggregate total assessments, consultations and referral sources. Mercy Center will provide no individually identifiable employee or family member information or aggregate statistics from which Mercy Center believes individually identifiable information may be derived. 3. RESPONSIBILITIES OF EMPLOYER A. Employer shall print and distribute to covered persons, the employee and family member letters and other information concerning the availability and purposes of the EAP. Employer shall not distribute or otherwise convey these materials to any individual or entity except as provided in this Agreement nor distribute any written materials which refer to Mercy Center, unless prepared by Mercy Center, or prepared by Employer with the written approval of Mercy Center. B. Employer will provide Mercy Center current information regarding the Employer's medical and disability plans and keep Mercy Center apprised of any changes to said plans. C. Employer will require its management and supervisory personnel to attend the appropriate EAP education seminars. D. In accordance with the Policy Statement and Supervisor's Manual, Employer shall encourage covered persons to utilize the EAP assessment and referral services. E. Employer shall implement the EAP in conjunction with its own personnel policies and procedures, offering EAP services to its employees on a voluntary basis and as part of, but not as substitute for, Employer's disciplinary procedures. F. Employer shall utilize Mercy Center as its sole provider of EAP services during the term of this Agreement. 4. OWNERSHIP AND CONFIDENTIALITY OF EAP RECORDS All information obtained and records created as a result of any communication between covered persons and Mercy Center shall remain confidential and the sole property of Mercy Center. Said information and records shall be released only with the appropriate written consent of the individual covered person as otherwise authorized by law. 5. RELATIONSHIP OF THE PARTIES Page 6 Mercy Center and Employer shall remain independent contractors and Mercy Center's responsibilities to Employer are expressly limited to those set forth in this Agreement. This Agreement shall not be deemed to establish any relationship of employment between Mercy Center and covered persons. No service provider to whom Mercy Center refers a covered person shall be deemed to be an agent or employee of Mercy Center by reason of this Agreement. Each service provider shall establish its own independent relationship with Employer, employee or family member. 6. INSURANCE AND INDEMNIFICATION A. Mercy Center for Health Care Services is a not for profit Illinois Corporation and is self nsured. Employees in the performance of their jobs are covered under the hospital insurance. B. Each party to this agreement shall indemnify and hold harmless, its officers, directors, employees, and agents from and against any and all liability, damage, expense, loss, cost, claim, cause of action, suit or judgement, including the cost thereof and attorney's fees, which they or any of them may suffer, incur or sustain, or for which any of them may become liable as a result of any act or omission, or alleged act or omission of Employer, its officers, directors, employees and agents. EXHIBIT B 1. FEES A. In consideration for the services provided by Mercy Center pursuant to this Agreement, Employer shall pay Mercy Center $25.00 per employee per each 12 month term of this Agreement. Initial payment shall be made upon completion of training and quarterly thereafter. B. For purposes of paragraph 1.A., the total number of employees shall be the total number of employees on the payroll of Employer on the effective date of this Agreement, which number Employer represents equals 41. Employer shall notify Mercy Center each time its total number of employees increase by ten percent (10%) or more, and shall pay Mercy Center an additional fee for each additional employee at a prorated fee of$25.00 per employee per 12 month term. Upon request, Employer shall furnish Mercy Center with satisfactory evidence of the total number of such employees employed by Employer upon the signing of this Agreement, at the beginning of each renewal term and upon the reasonable request of Mercy Center, said requests not to exceed three (3) per year. C. It is expressly understood and agreed that the charges stated herein are exclusively for the services of Mercy Center provided pursuant to this Agreement. Fees and charges for services provided by a service provider, including Mercy Center as a service provider, will be as established between the covered person or Employer and the service provider. OCCUPATIONAL HEALTH SERVICES EMPLOYEE ASSISTANCE PROGRAM This Agreement between Mercy Center for Health Care Services, an Illinois not for profit corporation, ("Mercy Center") the City of Yorkville ("Employer") is effective the 1st day of May, 1996. 1. The goal of this Agreement is to establish an Employee Assistance Program (EAP) for the benefit of the Employer and its employees by establishing and implementing an employee approved mechanism to assist, counsel and support employees who have personal problems that m�.y, or may ..ot, affect their job performance. 2. The basic elements of an EAP include: a) identifytng the Employee Assistance Liaison b) assisting the Employer in the development of a written EAP policy and promotional plan c) approval of the EA,P policy by management d) supervisor training e) notification to and orientation of employees and their families, and f) establishing a reporting mechanism Mercy Center will assist Employer in the development and implementation of the EAP as requested by the Employer. The actual scope of Mercy Center's services to be performed under this Agreement is set forth in Exhibit A attached hereto. 3. For all services rendered by Mercy Center, Employer agrees to pay Mercy Center the fees set forth in the Schedule of Fees attached hereto as Exhibit B. Unless otherwise stated in Exhibit B, Employer agrees to pay Mercy Center's fee on a gvarterly basis, beginning the lst of the month following supervisor training. Invoices for amounts due Mercy Center more than thirty (30) days past due shall bear interest at the rate of twelve (12) percent per annum until paid. 4. A Mercy Center staff member will be designated as the Employee Assistance Director, for the Employer's EAP. The employee's initial contact will be with the Director or appropriate designee, who will determine the nature and extent of the employee's problem and develop an intervention plan. In cases where short term counseling is indicated, i.e., one (1) to three (3) counseling sessions, the Director or designee will provide the needed counseling at Mercy Center on an outpatient basis. 5. Notwithstanding anything stated herein to the contrary, Mercy Center's obligations under this Agreement do not include rendering long-term counseling services to employees (i.e. greater than three (3) counseling sessions) or treatment of employees on an inpatient basis. 1 -2- " 6. Employer acknowledges and understands that alcohol and drug abuse information disclosed to the Employer is protected by federal confidentiality rules (42 CFR Part 2) and that federal rules prohibit the Employer from making any further disclosure of this information, unless further disclosure is expressly permitted by the person to whom it pertains. The federal rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient. 7. The parties recognize that this Agreement at all times is to be subject to applicable state, local and federal laws and regulations. This Agreement shall be subject to amendments in such laws and regulations and to new legislation. Any provisions of law that invalidate, or otherwise are inconsistent with the terms of this Agreement, or that would cause one or both of the parties to be in violation of the law, shall be deemed to have superseded the terms of this Agreement, provided, however, that the parties shall exercise their best efforts to accommodate the term and intent of this Agreement to the greatest extent possible consistent with the requirements of law. S. Unless terminated earlier, this Agreement shall remain in effect for a period of one (1) year from the date hereof. After the expiration of the first three (3) months of this Agreement, either party may terminate this Agreement upon sixty (60) days prior written notice to the other party. 9. This Agreement contains the entire understanding of the parties and supersedes all prior written or oral representations, negotiations, communications, understandings or agreements concerning the subject matter hereof. 10. The terms of this Agreement may be amended, modified, or cancelled only through written instrument signed by both parties. 11. This Agreement shall be governed and interpreted under the laws of the State of Illinois. 12. This Agreement may not be assigned or subcontracted in whole or in part by either party. MERCY CENTER FOR HEALTH CARE CITY OF YORKVILLE SERVICES Joan Lu ens Assoc. Vice President, Planning �G 142's Date Date