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HomeMy WebLinkAbout13473 RESOLUTION NO. 13473 A RESOLUTION APPROVING A SERVICE AGREEMENT BETWEEN THE CITY OF PUEBLO AND CATHOLIC HEALTH INITIATIVES COLORADO DBA PROFILE EAP, RELATING TO EMPLOYEE ASSISTANCE PROGRAM SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Service Agreement between the City of Pueblo and Catholic Health Initiatives Colorado DBA Profile EAP, relating to provision of employee assistance program services commencing August 1, 2016, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Service Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached agreement to effectuate the transactions described therein. SECTION 4. This Resolution shall become effective upon passage and approval. INTRODUCED July 25, 2016 BY: Ed Brown City Clerk’s Office Item # M-3 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: July 25, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Marisa L. Pacheco – Human Resources Director SUBJECT: A RESOLUTION APPROVING A SERVICE AGREEMENT BETWEEN THE CITY OF PUEBLO AND CATHOLIC HEALTH INITIATIVES COLORADO DBA PROFILE EAP RELATING TO EMPLOYEE ASSISTANCE PROGRAM SERVICES COMMENCING AUGUST 1, 2016 SUMMARY: Attached is a Resolution accepting an agreement between the City of Pueblo and Catholic Heath Initiatives Colorado DBA Profile EAP relating to Employee Assistance Program services. PREVIOUS COUNCIL ACTION: City Council approved the 2016 budget for the City. Included in that was operating expenses in the amount of $13,000 in the Human Resources budget for Employee Assistance Program services. BACKGROUND: The Employee Assistance Program (EAP) provides eligible City employees with up to six confidential counseling sessions per year to assess, treat and if needed, referral to long-term counseling resources. EAP provides counseling assistance to City employees with psychological, marital, family, financial, legal, substance abuse or other personal problems. The City’s provider of EAP services has been Parkview EAP for a number of years. A competitive request for proposal process (RFP) was initiated recently. A rating panel of management, large department representation, and members from each union participated in the proposal review and recommendation process. Following that review, the City is electing to move to a new provider, Catholic Health Initiatives Colorado DBA Profile EAP for these services. Assuming passage of this resolution, the agreement with Catholic Health Initiatives Colorado DBA Profile EAP, will become effective August 1, 2016 with a term of three (3) years with two (2) one-year options to renew. The cost of the new contract will be approximately $2,350 per month beginning August 1, 2016. This is an increase in cost, but represents fair market value for these services based on the responses received in the RFP process. The cost increase can be attributed to, in part, little or no change in contract fees for the last seven years. For fiscal year 2016, the cost increase over budgeted amount will be approximately $7,298. The cost increase for 2017 will be approximately $17,515. FINANCIAL IMPLICATIONS: The total cost for the service agreement is approximately $28,195 annually, which is paid in monthly installments of approximately $2,350 per month. The actual cost will vary based on the number of eligible employees each month, which fluctuates with turnover and hiring, but in no case will the cost exceed the total number of authorized staff on a per employee per month price basis. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: A rating committee was convened to review the qualified Request for Proposal bids on June 15, 2016. Committee members were from major City departments and included representation from all three employee unions. The unanimous decision was to offer the contract to Catholic Health Initiatives Colorado DBA Profile EAP. ALTERNATIVES: There is no alternative to this request as the City of Pueblo is required to have a service agreement in order to provide an Employee Assistance Program to bargaining and non- bargaining employees, which is considered a component of the employee benefit package. RECOMMENDATION: Approval of the Resolution. Attachments: Catholic Health Initiatives Colorado DBA Profile EAP Service Agreement SERVICE AGREEMENT BY AND BETWEEN CITY OF PUEBLO AND CATHOLIC HEALTH INITIATIVES COLORADO DBA PROFILE EAP This Service Agreement(hereinafter referred to as"Agreement")is effective August 1,2016("Effective Date"), between the City of Pueblo,a Municipal Corporation,with offices located at 301 W."B"Street, Pueblo,CO 81003 (hereinafter referred to as"City"),and Catholic Health Initiatives Colorado dba Profile EAP(hereinafter referred to as"Consultant"),with offices located at 961 E. Colorado Avenue,Colorado Springs,CO 80903. PROJECT NO.: 16-022 PROJECT NAME: Employee Assistance Program Services The Terms and Conditions set forth in this Agreement supersede all other previous Terms and Conditions,unless otherwise agreed by both parties in writing.The parties agree as follows: 1.0 Services 1.1 Scope. This Agreement is for the provision of Services by Consultant,including incidental deliverables or goods,as authorized and specified in the referenced Request for Proposal(RFP)attached as Exhibit A.;Consultant's submittal in response thereto and attached hereto as Exhibit B;and any additional requirements met by Consultant and attached as Exhibit D. The Services are defined in the RFP Scope of Services within Exhibit A. Upon execution of this agreement by City and Consultant,the RFP, Proposal Submittal,and Consultant Submittals shall be referred to collectively as the"Project Documents",and will become a part of this Agreement by reference. If the terms of any Project Documents are inconsistent with the terms of this Agreement,this Agreement shall take precedence. All Project Documents relating to the Services shall be deemed to incorporate the terms of this Agreement whether or not they specifically refer to this Agreement. The Services shall be governed by the terms and conditions of this Agreement and by the Project Documents,which may from time to time be signed by the parties. 1.2 Cancellation. Consultant agrees to provide services as specified in the Scope of Work. City reserves the right to cancel this agreement without any cancellation charges or penalties if, in the opinion of City's Director of Purchasing and Director of Human Resources,the services are not performed as required by the Project Documents. 1.3 Standard of Performance. Consultant represents and warrants that it is qualified and able to provide the services hereunder,and that its performance will represent its best efforts and,to the extent applicable,be of the highest professional standards. City may inspect or review Consultant's performance and Consultant will fully cooperate with City in its conduct of any such inspection. City's inspection(or lack of inspection) will not be an acceptance of Services or a waiver of any right or warranty or preclude City from rejecting defective Services. 1.4 Responsibilities of Consultant. In additional to the requirements detailed in the Scope of Services provided in Exhibit B,Consultant is responsible for the following elements of service: 1.4.1 Scheduling. Consultant will provide for telephonic and/or online scheduling system for all eligible participants. 1.4.2 Staffing. Consultant will provide licensed counselors,licensed/certified behavioral couches and certified wellness coaches to provide the counseling/coaching services. 1.4.3 Administration. Consultant will provide a designated liaison to work with the City and attend weekly operational calls. 1.4.4 Reporting. Consultant will provide the City with reporting package to include: ® Quarterly EAP utilization reports ® Annual aggregate reports for lifestyle management program • Raw result data file to the City for incentive management • An aggregate report of all screening data upon completion of all screening events ® Comprehensive individual report to all participants via secured website upon completion of all screening events. • No show reports upon the completion of each event. 1.4.5 Provider Health Form for Biometric Screening. Consultant will provide the screening form, collection and tracking of City's approved forms. 1.4.6 Communication. Consultant will assist the City with content for all communications regarding the EAP and Lifestyle Management programs. 1.4.7 Customer Service. Consultant will provide for customer service staff to support scheduling, information calls,and other inquiries. Consultant will provide these services during business hours of 8:00 to 5:00,Monday through Friday. 1.4.8 Employee Confidential Information. Consultant shall comply with the terms of the Notice of Privacy Practices and incorporated into this Agreement by this reference(the"Privacy Notice"). Consultant shall provide each City employee with a copy of the Privacy Notice,and the City shall not request any Confidential Information(as that term is defined in the Privacy Notice)from Consultant that would cause Consultant to violate the Privacy Notice. Consultant may update the Privacy Notice from time to time by providing prior written notice to the City. In addition,Consultant adheres to the confidentiality requirements set forth in the Federal Confidentiality Regulations and the State of Colorado licensing boards. All information provided by City to Consultant under paragraph 1.5.1 shall be kept and maintained by Consultant as Confidential Information. 1.4.9 Quality of Service. Consultant will contract with and/or employ personnel to perform the services who have the skills and training necessary to complete the services. Consultant will supervise and coordinate the work performed by its personnel or contracted staff. Consultant will perform the services in a professional and workmanlike manner. Consultant warrants that all deliverables that are part of the Services will not infringe on any intellectual property rights of any third party. Consultant makes no other warranties,expressed or implied, in connection with the services or the provision of Services under this Agreement. 1.5 Responsibilities of City. In additional to the requirements detailed in the Scope of Services provided in Exhibit A,Consultant is responsible for the following elements of service: 1.5.1 Member Demographic Information. City shall provide Consultant with an electronic eligibility file of City's employee data containing at least the following information: employee name,phone number,gender,date of birth,mailing address,email address and employee identification number. 1.5.2 Designated representative. City shall designate a representative as Consultant's point of contact for obtaining necessary approvals, directions and employee information. 1.5.3 Communications. City will distribute all event communications. In addition,City will provide Consultant will all copies of communications related to stated services. 1.6 Subcontracting. Consultant shall not subcontract out any of the services to be provided hereunder without the prior documented consent of City. 1.7 Changes. City may,upon written notice to Consultant,make changes to any terms contained in the Project Documents. Subject to the provisions of this Section, if a change causes an increase or decrease in the cost of or the time required for,performance of the Services,an adjustment may be made in the cost of Services or the performance schedule,or both. Price adjustments or extensions of time for performance are not binding to City unless agreed to in writing by City. 2.0 Compensation 2.1 Rates. The cost of Services shall be as set forth in the attached Exhibit C,Fee Schedule. 2.2 Invoicing. Consultant shall invoice City monthly for the Services rendered. All communications and invoices must reference the corresponding RFP or Purchase Order number and must be directed to City pursuant to instructions on the applicable RFP or Purchase Order if applicable. Payment of invoices for satisfactory performed services shall be Net 30 days from City's receipt of invoice and City's acceptance of invoices. 3.0 Term and Termination 3.1 Term. The term of this Agreement begins on the Effective Date and ends on July 31, 2019 at 11:59 PM unless sooner terminated in accordance with this Agreement. City reserves the right to extend the term of this Agreement in one-year increments by written acceptance of both parties. 3.2 Termination. Either party reserves the right to terminate this Agreement,in whole or in part,at any time,without cause,with at least 60 days prior written notice of termination. Upon receipt of such notice, Consultant shall immediately stop work under the agreement or with respect to the portion of the Agreement terminated and shall take immediate corresponding action with respect to Consultant's sub-consultants,if any. In the event of an early termination of this Agreement,the City will be required to pay Consultant only for Services actually provided prior to the termination. 3.3 Fund Appropriation. This agreement is expressly made subject to the limitations of the Colorado Constitution. Nothing herein shall constitute,nor be deemed to constitute,the creation of a debt or multi-year fiscal obligation or an obligation of future appropriations by the City Council of Pueblo, contrary to Article X, §20 of the Colorado Constitution or any other constitutional, statutory or charter debt limitation. Notwithstanding any other provision of this agreement, with respect to any financial obligation of City which may arise under this agreement in any fiscal year after the current year,in the event the budget or other means of appropriations for any such year fails to provide funds in sufficient amounts to discharge such obligation, such failure shall not constitute a default by or breach of this agreement. The termination of this Agreement due to lack of funding shall be without penalty to the City. 4.0 Consultant's Personnel and Consultants 4.1 Consultant's Employees. Consultant performs services for City hereunder as an independent Consultant. Consultant shall be solely responsible for payment of all wages,compensation and benefits to its employees. Consultant shall comply with all laws,regulations,rules and orders relating to Equal Employment Opportunity(EEO), Workers' Compensation and employment taxes. Upon request,Consultant will furnish City with its EEO policies and procedures,and verification that workers' compensation insurance coverage exists. Consultant will indemnify,defend and hold harmless City and its respective officers,agents and employees from all suits,actions or claims of any character,name and description arising out of Consultant's failure to make timely payment to its employees for wages or failure to comply with any such laws,regulations,rules and orders. 4.2 Qualifications. Consultant's personnel named in the Quotation(s), if any,shall perform the services contemplated by such Quotation(s)and all services performed by such personnel shall be controlled and a supervised exclusively by Consultant. All persons assigned to perform the services shall have adequate education,experience,training skills,expertise and knowledge relating to the services being performed by them. Consultant shall not employ any person upon City's premises to whom City has reasonable objections. 4.3 Sub-consultants. Consultant may not subcontract any of the services without City's prior consent. If Consultant employs sub-consultants to perform any services, it will ensure such Consultant's compliance with the terms of this agreement and be fully liable for the services performed by them. 4.4 Change in Ownership/Control.Consultant shall give City at least ninety(90)days prior notice of any proposed change in control or ownership of Consultant or of any proposed sale of all or substantially all of Consultant's assets. 5.0 Indemnity and Insurance 5.1 Indemnity. The Consultant shall indemnify,defend and hold harmless the City of Pueblo and all its officers,agents and employees from all damages, suits,actions,judgments and claims of any character,name and description arising from any injuries or damage received or sustained by any person or persons or property,on account of any negligent act or failure to act or fault of the Consultant, its agents, employees, subcontractors and consultants in performance of this agreement; or on account of the failure of the Consultant to provide necessary safety equipment or signage warning of hazards created by Agreement/Contract or by virtue of Consultant's activities;and Consultant shall forthwith pay any judgment, with costs,which may be obtained against the City, its officers,agents or employees, growing out of such injury or damage. 5.2 Consultant's Insurance. The Consultant shall not commence work under this agreement until he has obtained at his own expense and without cost to the City all insurance required under this paragraph and such insurance has been approved by the City Attorney,nor shall the Consultant allow any sub-consultant to commence work on his subcontract until all similar insurance required of the sub-consultant has been so obtained and approved. The Consultant shall maintain such insurance until the final acceptance by the City of all services covered by the agreement/contract. Insurance Carrier must be licensed to do business in the State of Colorado. 5.2.1 Commercial General Liability Insurance. The Consultant shall secure and maintain during the period of this agreement/contract and for such additional time as work on the project is being performed,Commercial General Liability Insurance issued to and covering the liability of the Consultant with respect to all work performed by him and all his sub-consultants under the agreement/ contract,to be written on a comprehensive policy form. This insurance shall be written in amounts not less than$1,000,000 for each occurrence and aggregate for personal injury including death and bodily injury and$1,000,000 for each occurrence and aggregate for property damage. This policy of insurance shall name the City of Pueblo, its agents, officers and employees as additional insureds. 5.2.2 Workers' Compensation Insurance. The Consultant shall procure and maintain during the period of this agreement/contract and for such additional time as work on this project is being performed, Workers'Compensation Insurance, including Occupational Disease Provisions,fully complying with the provisions of the Workers'Compensation Act,as amended, of the State of Colorado. Such insurance shall be obtained notwithstanding that Consultant may have no employees as defined under said Act or that Consultant might otherwise avail itself of an exemption under the Act from any legal requirement to obtain such coverage. Such insurance shall cover all employees of Consultant performing work on the project irrespective of whether such employees may be shareholders, managers,partners or owners of Consultant or exempt employees under the Act. 5.2.3 Professional Liability Insurance with coverage of not less than$1,000,000,and with a deductible of not more than$10,000. 5.2.3 Sub-consultants. Any sub-consultant performing work for the Consultant under the agreement/contract shall provide certificates of insurance protection to the Consultant and to the City of Pueblo,Colorado,of the same type and in the same amounts as required by the Consultant. 5.2.4 Insurance Coverage. The insurance coverage enumerated in the above subparagraphs constitutes the minimum requirements and said enumeration shall in no way lessen or limit the liability of the Consultant under the terms of the agreement/contract. The Consultant shall procure and maintain,at his own cost and expense,any additional kinds and amounts of insurance that, in his own judgment,may be necessary for his proper protection in the prosecution of the work. 5.2.5 Certificates of Insurance. Certificates of Insurance for Workers' Compensation Insurance, Commercial General Liability Insurance and Comprehensive Automobile Liability Insurance shall be filed with the City prior to the execution of the agreement/contract. Said insurance shall not thereafter be canceled,permitted to expire,or be changed without 30 days advance written notice to the City. 6.0 State-imposed Mandates Prohibiting Illegal Aliens From Performing Work 6.1 At or prior to the time for execution of this Agreement/Contract,Consultant shall submit to the Purchasing Agent of City its certification that it does not knowingly employ or agreement/contract with an illegal alien who will perform work under this Agreement/Contract and that the Consultant will participate in either the"E-Verify Program"created in Public Law 208, 104th Congress,as amended and expanded in Public Law 156, 108th Congress,as amended,that is administered by the United States Department of Homeland Security or the"Department Program"established pursuant to§8-17.5-102(5)©C.R.S.that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement/Contract. 6.2 Consultant shall not: 6.2.1 Knowingly employ or contract with an illegal alien to perform work under this Agreement; 6.2.2 Enter into an agreement/contract with a sub-consultant that fails to certify to Consultant that the sub-consultant shall not knowingly employ or contract with an illegal alien to perform work under this agreement/contract. 6.3 The following state-imposed requirements apply to this agreement: 6.3.1 The Consultant shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the E-Verify Program or Department Program. 6.3.2 The Consultant is prohibited from using either the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 6.3.3 If the Consultant obtains actual knowledge that a sub-consultant performing work under this Agreement knowingly employs or contracts with an illegal alien,the Consultant shall be required to: 6.3.3.1 Notify the sub-consultant and the Purchasing Agent of the City within three(3) days that the Consultant has actual knowledge that the sub-consultant is employing or contracting with an illegal alien; and 6.3.3.2 Terminate the subcontract with the sub-consultant if within three(3)days of receiving the notice required pursuant to subparagraph 8.3.3.1 above the sub-consultant does not stop employing or contracting with the illegal alien;except that the Consultant shall not terminate the agreement/contract with the sub-consultant if,during such three(3)days,the sub-consultant provides information to establish that the sub-consultant has not knowingly employed or contracted with an illegal alien. 6.3.4 The Consultant is required to comply with any reasonable request by the Colorado Department of Labor and Employment(hereinafter referred to as"CDLE")made in the course of an investigation that CDLE is undertaking pursuant to its authority under§8-17.5-102(5),C.R.S. 6.4 Violation of this Section by the Consultant shall constitute a breach of agreement/contract and grounds for termination. In the event of such termination,the Consultant shall be liable for City's actual and consequential damages. 6.5 As used in this Section,the term"sub-consultant"shall mean any sub-consultant or sub-consultant of Consultant rendering services within the scope of this Agreement. 7.0 PERA The Consultant shall reimburse the City for the full amount of any employee contribution required to be paid by the City of Pueblo to the Public Employees' Retirement Association("PERA")for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. The PERA questionnaire was submitted with the consultant's proposal and is attached with Exhibit D. 8.0 General 8.1 Certification, Permits and Licenses. Consultant will obtain and keep current,at Consultant's expense, all governmental permits,certificates and licenses(including but not limited to professional licenses) necessary for Consultant to perform the services. 8.2 Force Majeure. City will be excused from accepting all or any part of services tendered for delivery by Consultant due to governmental action,statute,ordinance, rule or regulation, strike or other labor troubles, fire,acts of God,or other incidents outside of City's control that makes acceptance impossible or impractical. 8.3 Governing Law. This agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this agreement or for the enforcement of this agreement shall be in a state court with jurisdiction located in Pueblo County,Colorado. 8.4 Notices. Notices. All written notices to be given in connection with this Agreement shall be sufficient if sent by certified or registered mail, postage prepaid, or national overnight delivery service addressed to the party entitled to receive such notice at the addresses provides below by such party, or changed by written notice in accordance with this section. City of Pueblo: Marisa Pacheco Director of Human Resources 301 W."B" Street Pueblo,CO 81003 Consultant: Kris Baldwin Administrative Director,Integrated Services 2222 N.Nevada Ave Colorado Springs,CO 80907 719.776.2929 (Signature Page follows) This agreement,together with all Project Documents incorporated by reference,constitutes the entire agreement between City and Consultant with respect to their subject matter, and may not be amended a modified except by written document signed by both parties. IN WITNESS WHEREOF,the undersigned have caused this agreement to be executed,effective as of the day and year first written above. CATHOLIC HEALTH INITIATIVES COLORADO DBA PROFILE EAP,A COLORADO NOT-FOR- PROFIT CORPORATION: By: I Sf In ea-L. Title: /42L/I14) ) W(!im' CITY OF PUEB i >— 'AL CORPOR ION atir President of City Council ATTEST: City Clerk BALANCE OF APPROPRIATION EXISTS FOR THIS AGREEMENT AND FUNDS ARE AVAILABLE: IC14-11L4 Director of Finance APPROVED AS TO FORM: City Attorney I Exhibit A REQUEST FOR PROPOSAL (Document attached) EXHIBIT A 110 LREQUEST FOR PROPOSAL COVER SHEET & SIGNATURE PAGE Date: April 14,2016 Project Number: 16-022 Project Name: Employee Assistance Program Services (Project No.and Name must be shown on outside of submittal package and on any email correspondence) Submit Sealed City of Pueblo Purchasing Naomi Hedden,CPPO Proposals to: Purchasing Department Contact: Director of Purchasing 230 S. Mechanic Street purchasing@pueblo.us Pueblo,CO 81003 www.pueblo.us/purchasing 719-553-2350 RFP May 13,2016 at 2:00 PM(MT) Project Manager: Marisa Pacheco Submission Note: Late submittals will not be accepted. mpachecoApuebl o.us Deadline: Purchasing Office hours are 7:00 AM to 4:00 PM. Director of Human Resources Proposers are responsible to ensure timely receipt 301 West B Street within that time. Pueblo, CO. 81003 719-553-2633 Number of Six(6)hard copies: One unbound and untabbed copy,five(5)bound and tabbed copies,and a Copies To be copy in electronic format are required. submitted: Purpose of Request for Proposal The City of Pueblo is seeking proposals from qualified vendors to assist the City in the continuation of its Employee Assistance Program (EAP) for the City's approximately 650 full-time employees. The City of Pueblo is a full-service municipal agency providing services to over 100,000 residents. The City's employees are employed in a variety of capacities within Public Safety (Police and Fire), Municipal Court, Wastewater, Public Works, Parks and Recreation, Aviation, Planning and a variety of internal support departments. The vendor will be expected to provide confidential counseling, assessment and referral for individuals who may have psychological, marital,family, financial,legal,substance-abuse,or other personal problems. It is imperative that the selected vendor have a demonstrated understanding of the unique challenges facing first-responder public safety employees. Approximately half of the City workforce consists of Police, Fire and emergency dispatch personnel. Offerors shall provide documented proof of programs of a similar type they have developed for other local government agencies or agencies of a similar size to the City of Pueblo. Please be advised that electronic submissions(i.e. fax, emails, etc.) will not be accepted as a sealed proposal. Proposers are urged to read the attached solicitation documents thoroughly before submitting a proposal. The City of Pueblo (City) reserves the right to reject any and all proposals for any or all items covered in the Request for Proposal,to waive informalities or defects in proposals or to accept any submittal as it shall deem to be in the best interest of the City. The procurement of these services shall be contingent upon appropriation of the necessary funds, and only after final approval and execution of an Agreement. Disclaimer The City of Pueblo (City) provides all non-construction solicitations for interested parties to download free of charge via the Rocky Mountain E-Purchasing System (RMEPS) and on the City's website, www.pueblo.us/purchasing. Consultants can Request for Proposal - 16-022 Cover Sheet and Signature Page EXHIBIT A TABLE OF CONTENT SECTION 1. ADMINISTRATIVE REQUIREMENTS & INFORMATION 1 1.1 Bid Information, Requests for Clarification, and Addenda 1 1.2 Allegation of Misunderstanding 1 1.3 Omissions 1 1.4 Written Agreement 1 1.5 Colorado PERA 1 1.6 State-Imposed Mandates Prohibiting Illegal Aliens From Performing Work 2 1.7 Rejection of Proposal 2 1.8 Proposal Ownership/Confidentiality 2 1.9 Debarment 2 1.10 Equal Opportunity 2 1.11 Statement of Noncommitment 2 1.12 Preparation of Proposals 2 1.13 Insurance Requirements 3 SECTION 2. EVALUATION, SELECTION OF SUCCESSFUL PROPOSAL AND CONTRACT AWARD 3 SECTION 3. OBJECTIVE, SCOPE OF SERVICE, AND MANDATORY REQUIREMENTS 4 SECTION 4. PROPOSAL FORMAT AND REQUIRED RESPONSES 6 EXHIBITS A - Sample Agreement 8 B - PERA Questionnaire 16 Request for Proposal - 16-022 TABLE OF CONTENT 1.6 State-Imposed Mandates Prohibiting Illegal Aliens From Performing Work By signing the Request for Proposal Cover Sheet and Signature Page, the Proposer acknowledges that they have read Section 12 of the attached sample agreement (labeled the same as the above referenced title) and agrees that they are in compliance with these provisions. 1.7 Resection of Proposal No Proposal shall be accepted from, or contract awarded to, any person, company or corporation that is in arrears to the City, upon debt or contract or that is a defaulter, as surety or otherwise, upon any obligation to the City, or that may be deemed irresponsible or unreliable by the City. Proposers may be required to submit satisfactory evidence that they have the necessary financial resources and experience to perform and complete the work outlined in this RFP. The City reserves the right to request any additional information as needed to make a sound evaluation decision. 1.8 Proposal Ownership/Confidentiality All Proposals, including inquiries, correspondence, attachments, supplementary materials, addenda, etc. shall become the property of the City and will not be returned to the Proposer. The Proposer must state specifically what elements of the proposal are to be considered confidential or proprietary and must state the statutory basis for the request under the Public (open) Records Act. (Section 24-72-201 et seq., C.R.S.). Confidential or Proprietary information must be readily identified, marked and separated from the rest of the proposal. Co- mingling of confidential or proprietary and other information is not acceptable. Neither a proposal, in its entirety, nor proposal price information will be considered confidential and proprietary. Any information that will be included in any resulting contract cannot be considered confidential. Ref. Section 24-72-201 et. seq., C.R.S.,as amended, Public (open)Records Act. 1.9 Debarment By submitting this Proposal, the Proposer certifies that neither the company nor its principals is presently debarred, suspended, in the process of debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal,state or local government agency. 1.10 Equal Opportunity The City of Pueblo is an Equal Opportunity Employer. Proposers will commit to and meet the nondiscrimination and equal employment requirements of Section 1-8-3, P.M.C. (copy provided on Purchasing website). Minority and Woman Owned Businesses are encouraged to submit Proposals. The City of Pueblo will make every effort to ensure that all Proposers are treated fairly and equally throughout the entire solicitation, evaluation and selection process. The procedures established herein are designed to give all parties reasonable access to the same basic information. 1.11 Statement of Noncommitment All costs related to the preparation of the proposals and any related activities are the sole responsibility of the Proposer. The City assumes no liability for any costs incurred by Proposers throughout the entire selection process or should the project be cancelled. Issuance of this RFP does not commit the City of Pueblo to award a contract. The City of Pueblo reserves the right to reject any or all proposals and to readvertise should the need arise. All proposals will become property of the City. 1.12 Preparation of Proposals The proposal MUST be signed by the Proposer as an officer of the company legally authorized to bind the company contractually. Signature must appear on the REP Cover Sheet and Signature Page of this solicitation, Request for Proposal— 16-022 Interviews - Submittals will be reviewed and the committee will select a preliminary list of firms whose submissions appear to satisfy the requirements of this request. Preliminary listed firms will be notified of their selection and may be invited to personally interview, which will be scheduled as soon as possible after sufficient review of each submittal. Invited companies' key staff, including the proposed project manager must be in attendance at the interview. Waiver and Release - By submitting a Prequalification Statement, the Consultant authorizes the City to obtain information concerning Consultant's performance on other projects it has completed during the prior ten (10) years, including those identified in the submission and those not so identified, of which the City may become aware. By submitting its Prequalification statement, the Consultant and sub-consultants also waives and releases all claims against owners, architects, and engineers, and their agents and representatives, relating to or arising from the furnishing of such information to the City concerning the Consultant's performance on prior projects. In order to effectuate the intent of this clause, each Consultant may be required by City to execute information release authorization forms, which specifically release all information providers from all claims that arise from or relate to the information provided. The City shall then determine whether the vendor's proposal, with the highest ranking, can be accepted as is without negotiations. In the event the City determines that negotiation of the Consultant's proposal is necessary,the Consultant shall be notified and the negotiation process will begin. Should the City be unable to negotiate an acceptable service agreement with the highest ranked Consultant then the process described in this paragraph will begin with the second higest ranked Consultant. This process shall continue until a satisfactory service agreement is negotiated or until all negotiations with qualified ranked Consultants is exhausted. The City shall be the sole judge in determining when negotiations are to be concluded. SECTION 3. OBJECTIVE,SCOPE OF SERVICE,AND MANDATORY REQUIREMENTS 3.1 Objective The City of Pueblo is seeking proposals from qualified vendors to assist the City in the continuation of its Employee Assistance Program (EAP) for the City's approximately 650 full-time employees. The City of Pueblo is a full-service municipal agency providing services to over 100,000 residents, visitors and diverse local businesses. City employees face many of the emotional problems prevalent in society today. In some cases, these problems affect the employee's health, effectiveness on the job and work attendance. In response, the City of Pueblo is committed to maintaining an effective Employee Assistance Program. The function of the EAP is to provide responsive, appropriate care for the emotional, mental and psychological health needs of City workers and their families by providing access to initial counseling and referrals to appropriate long-term community and professional resources to help resolve problems as necessary. Of specific concern are the EAP vendor's ability to demonstrate an understanding and ability to address the unique challenges facing our first-responder public safety employees. Approximately half of the City workforce consists of Police, Fire and emergency dispatch personnel who face a number of different stressors who may need assistance. 3.2 Scope of Service: The following section outlines the Scope of Services the City seeks from an EAP: Required Core Services 1. The EAP must have the ability to provide each eligible City employee and/or family member up to six (6) sessions of confidential counseling each year per general problem area. Request for Proposal— 16-022 12. The EAP must assign a service contract representative to interact with the City's designated representative for the resolution of situations as needs arise. Optional Supplemental Services Respondents should submit additional information for providing additional training in the forms of workshops and seminars. Each session would be one to one and one half(1-1.5) hour(s) in length. Please provide information on cost of up to four(4) sessions per year available to a group of ten (10) to fifty(50)employees. If this additional option is chosen, the topics, times and locations would be established between the designated EAP and City representatives. The schedule and materials directly provided by the EAP will be determined jointly by the EAP and City representatives. 3.3 Project Timeline The following is a proposed timetable developed for this project. You will be notified of any significant changes which might occur: Proposals Due to City May 13, 2016 Finalists Vendors Notified May 27, 2016 First Negotiations(completed) June 10, 2015 Plan Effective Date August 1,2016 SECTION 4. PROPOSAL FORMAT AND REQUIRED RESPONSES The information set forth in the paragraphs below must be included with all proposals. Make sure to provide six (6) copies of the complete Proposal, (one unbound and untabbed), as specified below, as well as one copy in electronic format. Responses shall be considered technical offers of what firms propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. Please attach your responses to these items to the RFP Cover Sheet and Signature Page. Failure of firms to respond to any of the following technical submittal requirements may be grounds for considering a proposal non-responsive. This is a qualification and cost based procurement process. Proposals will only be considered from firms that have documented experience of similar service contracts and qualified personnel who are capable of providing the required services. 4.1 RFP Cover Sheet The RFP Cover Sheet and Signature Page must be completed and returned with the Proposer's proposal. Failure to return the signed Cover Sheet is grounds for the City to reject a proposal. 4.2 Table of Contents The Table of Contents must indicate the material included in the proposal by section and page number. A proposal's table of contents should mirror this section of the City's Request for Proposal and must include all the items set forth in this section of the Request for Proposal. 4.3 Letter of Transmittal A letter of transmittal must be submitted with a Proposer's submittal. The letter must include: • A statement of the Proposer's understanding of the goals of this project and the service required by the Request for Proposal listed in the Scope of Services. ® The names of the persons who are authorized to make representations on behalf of the Proposer Request for Proposal- 16-022 Exhibit B CONSULTANT SUBMITTAL (Document attached) Exhibit B Proposal: Synopsis of Program: Profile EAP provides a full service employee assistance program at a capitated rate(per employee per month) based on the number of employees only. Profile EAP will provide up to six(6)sessions per person/per problem/per year to all full time and part time employees of the City of Pueblo. Spouses/significant others, and dependent children to the age of 26 are covered under the benefit at no additional cost. The basic EAP program includes all of the following core services: • Individual Clinical Sessions-6 sessions per employee or family member, per problem, per year • Mental Health Referral -coordinated with insurance provider • 24-hour Crisis On-Call Service-as needed • Critical Incident Stress Debriefing-as requested—4 hours per year included in the contract • Management Consultations -as requested • Employee/Supervisor Orientations—2 per year included • Supervisor Training - EAP overview— 1 per year included • Educational Seminars—4 hours per year included • Financial/Legal referrals—as needed • Referrals to Other Community Resources—as needed • Fitness for Duty Screening Assessment Only—as requested • Drug/Alcohol Assessment—as requested • Risk Assessments—as requested • Participation in Health/Benefit Fairs—2 per year included • Access to "Members Only"Website— unlimited • Promotional Materials—brochures, wallet cards, posters, etc. • Monthly Frontline Supervisor and Frontline Employee Newsletter • Quarterly Utilization Reports • Contract Coordination and Evaluation -11- Employee/Supervisor Orientation: Orientations are designed to assure that all managers, supervisors, and employees are aware of their EAP benefit, and how to access the service. Employee orientations are provided in group sessions. After scheduled orientations for initial contract start up, orientations will be provided at the request of the employer, at no additional charge. Supervisor Training: Training which is designed to teach supervisors methods to identify possible troubled employees who might benefit from counseling services available through EAP. This training is essential to all managers and supervisors to understand both their role regarding EAP and the services available to them and to their employees. The training Includes information about signs& symptoms of drug/alcohol abuse, mandatory vs. suggested referrals, and more. Educational Seminars: Profile EAP provides trainings on a variety of topics to benefit individuals and work groups. Seminar topics are provided annually for your selection, or a specific workshop designed to fit your needs may be requested. Four hours per year are included. Minimum participants is 10 per session Financial/Legal: Financial and legal problems affect the lives of many employees. Profile EAP can assist these individuals through counseling and providing referrals to qualified professionals. Each employee is entitled to one initial 30-minute office or telephone consultation per separate legal/financial matter at no cost. If the employee retains a participating professional after the initial consultation, they will be provided a preferred rate reduction of 25%from the normal hourly rate. The financial/legal benefit can be accessed up to 12 times per year. Referrals to Other Community Resources: Profile EAP has a comprehensive network of community resources to enable us to assist employees in finding resolution for many personal issues. Fit for Duty Screening Assessment: When employers are concerned about the mental health of an employee as it relates to his/her job, a fitness for duty assessment can be requested. A counselor interviews the employee, and associated others when appropriate,to determine the individual's mental state as it relates to the job. A psychiatric evaluation may be recommended, the cost of which is not included in the EAP capitated fee. Drug,Alcohol Assessment: Assessments are specifically designed to determine the degree and extent of the problem(s) associated with substance abuse or addiction. Referrals for substance abuse treatment will be made during this assessment process. Risk Assessments: At the request of the employer or human resources department, Profile EAP will do a screening assessment for employees referred because of a threat of violence. After the assessment, the employer will receive a brief report. The process may also include treatment recommendations, or a thorough assessment by a forensic evaluator(cost not included),follow-up counseling, and a return to duty assessment. -13- Profile EAP c(ty of . C eriwr�� Lie.Ult !' CONFIDENTAL colorado Exhibit C FEE SCHEDULE (Document attached) Exhibit C FEE SCHEDULE: 1. Core Services: The following pricing is based on 650 employees and includes all of the services shown on page 11. The fees are guaranteed for a period of 3 years. - 6 session, per person, per problem, per year $3.30 PEPM 2. Public Safety Specific Services - Critical Incident Support - 4 hours per year included in PEPM Additional Hours $200.00/hr. Mileage: $.50/mile 3. Optional Training Services - Training workshops/seminars 4 hours per year included in PEPM Additional Hours $125.00/hr. Substance Abuse Professional Services: Profile EAP does not have a SAP on staff, so if needed, the employee will be referred to a network SAP provider SAP Evaluation: $300.00 SAP Follow-up: $300.00 Case Management: $90.00/session Quarterly Progress Report: $100.00/each Discharge Report: $100.00 -15- Profile EAP A city of c tu.ra f fea I h IS ;• • CONFIDENTAL colorodo Exhibit D ADDITIONAL INFORMATION FOR AGREEMENT PERA Questionnaire Insurance COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24-51-1101(2),C.R.S.,salary or other compensation from the employment, engagement,retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore,as a condition of contracting for services with the City of Pueblo,this document must be completed,signed and returned to the City of Pueblo: (a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes , No X . (Must sign below whether you answer -yes"or "no") (b) If you answered "yes" to (a) above, please answer the following question: Are you 1) an individual, 2) sole proprietor or partnership,or 3)a business or company owned or operated by a PERA Retiree or an affiliated party? Yes No If you answered "yes" please state which of the above listed entities (1, 2, or 3) best describes your business: (c) If you answered"yes"to both (a) and (b), please provide the name, address and social security number of each such PERA Retiree. Name Name Address Address Social Security Number Social Security Number (If more than two,please attach a supplemental list) If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege of doing business with the City of Pueblo. Signed /V\ \I ,20 J o By: Name: ,Q' r 5 i E .fi-i Title: 1\)'�1 � . 11(' ''—G Efrso For purposes of responding to question(b)above,an"affiliated party"includes(1)any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree;(2)any person who is a relative of the PERA Retiree by blood or adoption to and including parents,siblings,half-siblings,children,and grandchildren;(3)any person who is a relative of the PERA Retiree by marriage to and including spouse,spouse's parents,stepparents,stepchildren,stepsiblings,and spouse's siblings;and(4)any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. Request for Proposal- 16-022 Page 16