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RES 1997-1691 - Agmt with OPS for employee assistance program Personnel Department � � Omaha/Douglas Civic Center M�J/ �r'? ,i 1819 Farnam Street,Suite506 I� J;1 y n 97 J U _ Omaha,Nebraska 68183-0506 (402)444-5300 ti FAX(402)444-5314 4TFD FEB?2 CITY C!,.F i:.K Michele M.Frost City of Omaha f f'i A N A, 1d F?; i,' :c , Director Hal Daub,Mayor Honorable President and Members of the City Council, Attached is a proposed Resolution authorizing the Mayor to execute an Agreement between the City of Omaha and the Douglas County School District 001 a/k/a Omaha Public School District providing for the operation and mutual funding of an Employee Assistance Program for their employees. The Agreement provides that the City of Omaha shall pay $46,000.00 for its share of the program costs for the first year of the Agreement. The program has proven to be of benefit to our employees,and I would request your approval of this resolution. Res ectfully submitted, Referred to City Council for Consideration: 410'7 Mic le Frost irector Date Mayor's Office/Title Date Personnel Department Approved as to Funding: -/? • Louis A. D'Ercole, Acting Direct Dat 7 Finance Department P:\PER\4049.MAF CONTRACT THIS CONTRACT is entered into by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska,hereinafter referred to as "City," and the Douglas County School District 001, a political subdivision organized and existing under the laws of the State of Nebraska, hereinafter referred to as "School District," said agreement being entered into and in accordance with the provisions of Chapter 13, Article 8, of the Reissue Revised Statutes of Nebraska, as amended, the Interlocal Cooperation Act. RECITALS: WHEREAS, the City and the School District jointly and mutually have maintained an employee assistance program providing certain services to their employees, including, but not limited to individual and family counselling programs, career advancement programs, and wellness programs and desire to continue said employee assistance program. WHEREAS, the School District owns and maintains a building located at 1410 North 47 Street, Omaha,Nebraska; and, WHEREAS, the building has office space which is adaptable for staff and consultation services necessary to conducting an employee assistance program; and, WHEREAS,the City and the School District are desirous of jointly and mutually sharing in specified costs for the operation of an employee assistance program for their employees, as more specifically provided for in paragraph 6 hereof; and, WHEREAS,it is in the best interest of the residents of the City of Omaha and the employees of the City and the School District who serve those residents to maximize the conservation of financial resources in conducting such a program. IN CONSIDERATION OF THESE RECITALS, THE PARTIES AGREE AS FOLLOWS: 1. The School District shall hire, assign and/or retain appropriate School District employees to provide clerical and professional services for the employment assistance program. 2. A committee shall be established which is composed of the Personnel Director for the City, and a designee of the Superintendent of the School District, and any other individuals deemed necessary by mutual agreement of the aforementioned individuals. 3. The function and purpose of this committee shall be: (a) to administer this Contract; (b) to establish and publish a comprehensive policy pursuant thereto; and, (c) to supervise the operation of the employee assistance program and its personnel. 4. The School District shall have the authority to extend the availability of the program created hereunder to other governmental subdivisions of this state and to enter into any contract with other governmental entities, including the Transit Authority of the City of Omaha and Papio Natural Resources District in order to provide thereto the services available within any program established hereunder. Such contracts, if any, shall recover at a minimum the additional costs associated with providing these services to each governmental subdivision. 5. Insurance. The City and the School District will agree to share the costs and/or appropriately maintain their respective share of public liability and indemnity insurance in an amount agreeable to the City and the School District. 6. Financial Obligations. The parties specifically agree that office expenses, utilities, liability insurance,and personnel costs shall be a mutually shared financial responsibility. Each party shall bear that percentage of the expenses of operation of the program(first reduced by the amount, if any, paid by any governmental subdivision for which services are provided pursuant to paragraph 4 of this contract) which is determined by dividing the number of its full-time regular employees by the total number of the full-time regular employees of both parties. Solely for the purpose of this provision, the parties shall determine the number of full-time regular employees on September 1 of each year that this contract is in effect. It is this ratio which shall determine the percentage of expenses borne by each of the parties to this contract for the subsequent calendar year. In no event shall the City's share of such expenses for any program established under this contract or any previous similar agreement, including renewal of the latter, exceed Forty Six Thousand Dollars ($46,000.00) during calendar year 1997. Payment in the amount of Forty Six Thousand Dollars ($46,000.00) shall be made by the City to the School District in two installments of Twenty Three Thousand Dollars ($23,000.00) each on or before July 1, 1997, and December 1, 1997, respectively. 7. Employee Assistance Program Employees. The employees of the employee assistance program shall be considered School District employees. Compensation and fringe benefits shall be paid directly by the School District and shall be in accord with the School District's policies as established for its employees. 8. Non-discrimination. The School District and City shall not, in the performance of this contract, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin. -2- V r. 9. Captions. Captions used in this contract are for convenience and are not used in the construction of this contract. 10. Applicable Law. Parties to this contract shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this contract. 11. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest,direct or indirect, in any City contract. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the contract voidable by the Mayor or Council. 12. Interest of the Parties. The parties covenant that they presently have no interest and shall not acquire any interest,direct or indirect,which would conflict with the performance of services required to be performed under this contract;they further covenant that, in the performance of this contract, no person having any such interest shall be employed. 13. Merger. This contract shall not be merged into any other oral or written contract, lease or deed of any type. This is the complete and full agreement of the parties. 14 Hiring of Personnel. The hiring and firing of all personnel for the employee assistance program staff shall be conducted by the School District. 15. Assignment. Neither party may assign its rights under this contract without the express prior written consent of the other party. 16. Strict Compliance. All provisions of this contract and each and every document that shall be attached shall be strictly complied with as written,and no substitution or change shall be made except upon written direction from authorized representative of the parties. 17. Code Provisions. During the term of this contract the School District shall be familiar with and expressly follow the provisions of Section 10-162 of the Omaha Municipal Code and shall be required to: (a) Maintain records and accounts,including property,personnel, and financial records, as prescribed by the City to assure an accounting of all contract expenses; (b) Make such records and accounts available for audit purposes to the Finance Director, or any other authorized City representative; (c) Retain such records and accounts for a period of five (5)years; -3- T a (d) Submit a budget to the City Council which shall constitute the limitations on expenditures for each category, subcategory and line item of expense; (e) Not exceed the limitations so established and not shift amounts among line items without a properly executed modification of the contract; (f) Submit to the City Council progress reports on a quarterly basis of all activities and functions for which funds of the City are received; (g) Submit to the City Council a contract completion report; and (h) Be subject to all federal and local legislation prohibiting discrimination including Title VI of the Civil Rights Act, the fair employment practices ordinance and the provisions of the Home Rule Charter of the City of Omaha, 1956. 18. Authorized Representative. In further consideration of the mutual covenants herein contained, the parties hereto expressly agree that for purposes of notice, including legal service of process,during the term of this contract and for the period of any applicable statute of limitations thereafter, the following named individuals shall be the authorized representatives of the parties: (1) The City of Omaha Michele Frost, Personnel Director 506 Omaha/Douglas Civic Center 1819 Farnam Street Omaha,Nebraska 68183 (2) Douglas County School District 001 Gilbert Wood, Administrative Assistant 3215 Cuming Street Omaha,Nebraska 68131-2024 19. This contract has a one-year term which commences on January 1, 1997, and continues through and including December 31, 1997. 20. Modification and Termination. This contract contains the full and complete understanding of the parties and may only be terminated during its term by either party upon service to the other party's authorized representative of intent to terminate at least sixty (60) days prior to the date of termination. In the event this contract is terminated subsequent to the City's payment of any payments due,then the City shall receive a pro rata refund based upon the amount of time remaining, subsequent to termination, for which payment was made. All personal and real property utilized in the employee assistance program shall be and remain the property of the School District. -4- O w r � 1 • t 21. Indemnification. The School District shall indemnify and hold the City harmless from any damages that exceed those covered by insurance that arise from the negligence, intentional wrongful acts or breach of the obligations hereunder by the School District; and the City shall indemnify and hold the School District harmless from any damages that exceed those covered by insurance that arise from the negligence, intentional wrongful acts or breach of the obligations hereunder by the City. (page 5) EXECUTED this / day of , 1997.,.....,__ ATTEST: CITY HA, a Municipal Corporation Gy- � �By 1V . , City Clerk Dat o a Date EXECUTED this / "iay of9,Ge..7,-.,--, , 1997. ATTEST: DOUGLAS COUNTY SCHOOL DISTRICT 001 ii By �� John J. Mackiel, Secretary Board of Education Presi nt, Board of Educatio • APPROVED AS TO FORM: G'LPitL Ce7di,,,„ lP-.,2 -, 7 Assistant City Attorney Date P:\PER\4051.MAF • -5- O 4C 25A CITY OF OMAHA 4 LEGISLATIVE CHAMBER Omaha,Nebr 19 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,the City and the School District jointly and mutually have maintained an employee assistance program providing certain services to their employees, including,but not limited to individual and family counselling programs,career advancement programs, and wellness programs; and, WHEREAS, the Douglas County School District 001 a/k/a Omaha Public School District and the City of Omaha desire to enter into an agreement to continue the operation and mutual funding of an Employee Assistance Program; and, WHEREAS,the City finds that Employee Assistance Program has been proven to be a benefit to employees of the City of Omaha. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the Mayor be and hereby is authorized to execute,and the City Clerk to attest, the attached Agreement between the City of Omaha and Douglas County School District 001 a/k/a Omaha Public School District providing for the operation and mutual funding of an Employee Assistance Program and providing for the payment by the City to the Douglas County School District 001 a/k/a Omaha Public School District of the sum of Forty-Six Thousand Dollars from General Fund Agency 060,Organization 0606,Expense Object 2499. APPROVED AS TO FORM: (eld/44 ASSISTANT CITY ATTORNEY DATE P:\PER\4050.MAF By - ember Adopted......4 .......1997 't Ap e Mayor '. b O l� CJ Y O O o ;d ^'s o C4aort ° co =o , Ft a n nay N A � n � i O G( � � O QO YOO / n v`� ItIi! liil t , hi • 11 / 1