1544ORDINANCE NO. 1 SAY
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR THE
EMPLOYEE ASSISTANCE PROGRAM, DECLARING AN EMERGENCY
AND FOR OTHER PURPOSES.
WHEREAS, Arkansas Code Annotated Section 14-58-303
allows waiving of competitive bidding in exceptional
situations where such procedure is deemed not feasible or
practical; and
WHEREAS, the City of West Memphis has in effect an
Employee Assistance Program (EAP provided by Methodist
Health Systems, and the City Council has determined that it
is in the best interests of the City of West Memphis and
its employees to continue this program; and
WHEREAS, the nature of the EAP is such that detailed
specifications for such services could not be feasibly
written and it would not be feasible or practical to
conduct competitive bidding for such services under such
circumstances;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS:
1. That competitive bidding be waived for the
following services to be used by the City, described as
follows:
The Employee Assistance Program (EAP) provided by
Methodist Health Systems for employees of the City of
West Memphis for the year of 1992-1993.
2. The contract for the Employee Assistance Program
provided by Methodist Health Systems for employees of the
City of West Memphis for the year of 1992-1993 is hereby
approved and the Mayor and City Clerk are hereby authorized
to execute said contract on behalf of the City of West
Memphis.
3. EMERG4ENCY CLAUSE. It having been found and
determined by the City Council of the City of West Memphis,
Arkansas, that there is a need by the City of West Memphis
to renew the Employee Assistance Program for the benefit of
employees of the City of West Memphis and that it is not
feasible or practical to conduct competitive bidding for
such services and that time is of the essence, an emergency
is hereby declared to exist, and this Ordinance being
necessary for the preservation of the public peace, health,
safety and welfare of the citizens of West Memphis,
Arkansas, shall be in full force and effect from and after
the date of its passage and approval.
PASSED AND APPROVED thi s ~? day o f ,jE~T~MQ~Q ,
199.2 .
SPONSORED: RECEIVED
CITY CLERK OFFICE
DATE q' - i o - 9 ~-
SERVICE AGREEMENT
BETWEEN
METHODIST HEALTH SYSTEMS, INC.
AND
CITY OF WEST MEMPHIS
THIS AGREEMENT, made and entered into at Memphis, Tennessee this the
day of 19 is by and between Methodist Health
Systems, Inc., a Tennessee not-for-profit corporation, (hereinafter "MHS"), and
CITY OF WEST MEMPHIS, (hereinafter "CLIENT").
WHEREAS, MHS has personnel trained as counselors/consultants in the
specialty of employee assistance and desires to extend the quantum of such services
which it provides for the benefit of the public; and, in furtherance of such purpose,
desires to contract with CLIENT to render said services; and
WHEREAS, CLIENT desires to obtain the above described services of MHS in
order to assist and benefit its employees and dependents .
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained in this Agreement, the parties agree as follows
~F.CTT(~N T_ RF,SPONSIBILITIES OF MHS.
A. MHS consultation services provided to CLIENT shall include the following:
1. Development of Employee Assistance Program (EAP) policy for the
mutual approval of MHS and CLIENT .
2 . Staff orientation which shall include
(a) Training for supervisory personnel regarding job performance
evaluation and performance deviations which identify the
troubled employee .
(b) Employee awareness sessions to acquaint employees with the
services available under the EAP Program.
3. Sample letters, articles, and materials to be used for employee
information and communication as well as quarterly newsletters .
4. ACounselor-Consultant to conduct private interviews with referred
employees of CLIENT to ascertain needs of such employees for
counseling or treatment services .
1
period on the same terms and conditions as above described, provided
however, fees payable hereunder may be increased upon mutual agreement .
If agreement is not reached by the end of the initial term, this Agreement shall
terminate .
B . During the initial or any renewal term of this Agreement either party may
upon the giving of at least sixty (60) days prior written notice terminate this
Agreement without cause, breach or penalty.
SECTION IV. ADDITIONAL TERMS AND CONDITIONS.
A. The parties agree that should there be a need for additional training for new
management/supervisory staff after commencement of the term of this
Agreement, MHS shall provide this training with the cost of such services to
be negotiated and agreed upon by the parties hereto.
B . The parties ft:rther agree that retainer fees for specific consultation services
do not include treatment expenses for the impaired employee. Any treatment
in such case is to be covered by insurance and/or employee resources.
Employees of the CLIENT must consent to any proposed treatment before
services may be rendered .
C. MHS shall provide the services within the framework of a short term
counseling program. Its focus will be on the earliest possible successful
resolution of an employee's problem(s), and/or the assessment and early
referral of CLIENT'S employees to appropriate community resources. The
actual number of counseling sessions will be determined by MHS based solely
on the severity of the problem, i . e . , its appropriateness for short term care
and a necessity for specialty services available in the community. Employees
may return to the EAP Program for counseling concerning additional problems,
as needed .
D . Any notice required to be given pursuant to the terms and provisions of this
Agreement shall be in writing and may be either personally delivered or sent
by registered or certified mail in the United States Postal Service, return
receipt requested, postage prepaid, addressed to each party at the addresses
which follow, or to such other addresses as the parties may hereafter
designate in writing:
1. P~ZHS Address:
Methodist Health Systems, Inc.
Employee Assistance Program
1211 Union Avenue, Suite 225
Memphis, TN 38104-6619
2 . CLIENT Address
In the absence of clear and convincing evidence overcoming such
presumption, a notice sent by mail pursuant to the above shall be deemed
received by the party to whom sent on the third business day following the
date of mailing.
E. The laws of the State of Tennessee shall govern the validity, construction,
interpretation, and affect of this Agreement, and any disputes pertaining
hereto shall be adjudicated in the state courts of Tennessee.
F. This instrument constitutes the entire integrated Agreement and
understanding between the parties, superseding all prior communications,
oral or written. No statements, promises, or inducements made by either
party or agent of either party, express or implied, shall be valid or binding
if not contained in this written Agreement. No modifications to the Agreement
shall be effective or binding unless in writing over the duly authorized
signatures of. the parties hereto. This Section shall not be deemed waived by
any modification or alteration which does not conform to the above provisions
of this Section.
IN WITNESS WHEREOF, MHS and CLIENT have executed this Agreement or by
signature of their duly authorized representative as of the day and year first above
written .
CITY QF WEST
By:
Name : 1 E~ t
Title : ~~ 1. ~
/ l~J
ME T HEALTH SYSTEMS,
~~''~'
B ~ 7` J
Rob rt B . Howerton, Jr.
Senior Vice President
Health & Welfare Ministries
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