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:
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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.
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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;
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(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.
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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
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APPROVED AS TO FORM:
G'LPitL Ce7di,,,„ lP-.,2 -, 7
Assistant City Attorney Date
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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
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