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HomeMy WebLinkAbout25E - AGMT - INSURANCE RENEWALSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE; EMPLOYEE GROUP INSURANCE RENEWALS (STRATEGIC PLAN NO. 7,6) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements for the renewal of long term disability, medical, dental, vision, employee assistance, employee group life and accidental death and dismemberment insurance, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City's employee group benefit policies, contracts and agreements are renewed annually on January 1. Currently the City provides life and accidental death & dismemberment (AD &D) coverage and long -term disability (LTD) insurance through Aetna for full -time employees. We are currently in the second year of a two -year rate guarantee for Life, AD &D and LTD rates through December 31, 2016. Life Insurance 25E -1 AInsu aftce Lltetskura c e�. $0.102 per $1000 $0.102 per $1000 0.0% �A`cid�tD��f{ $0.020 per $1000 $0.020 per $1000 0.0% 25E -1 Employee Group Insurance Renewals September 1, 2015 Page 2 Long -Term Disability Group Coverage Current Insurance Insurance Percent Change Employee Rate Renewal Rate 2016 6.6% Management $0.352 per $100 $0.352 per $100 0.0% Employees $8.78 $8.78 0.0% 130 day wait Employees $15.93 $15.93 0.0% 60 day wait Dental Plans The City is currently in the second year of a two -year contract with Delta and MetLife. Delta rates will increase by 6.6 %. However, MetLife has agreed there will be no rate increase. Type of Coverage Delta Current Rate Delta Renewal Rate 2016 Percent Change Employee $48.39 $51.58 6.6% Employee Plus Family $119.17 $127.04 6.6% Type of Coverage MetLife Dental Current Rate MetLife Dental Renewal Rate 2016 Percent Change Employee $26.38 $26.38 0.0% Employee Plus Family $45.09 $45.09 0.0% 25E -2 Employee Group Insurance Renewals September 1, 2015 Page 3 CalPERS Health Program The change in CalPERS basic HMO health plan rates range from a decrease of 14.35% for Anthem HMO Traditional to an increase of 18.76% for Blue Shield NetValue HMO. The average increase for all HMO health plans will be 4.5% and the average increase for all basic PPO health plans will be 11.34 %. The City will incur a 9.33% increase in costs for employees enrolled in the CalPERS medical plans. The City contribution for SEIU and POA are still being negotiated. The employees will be responsible for any increase in cost above the City contribution. Plan Employee Only Employee & one Dependent Employee & two or more Dependents Percent Chan e (+/-) Anthem HMO Select $634.75 $1269.50 $1650.50 -2.94% Anthem HMO Traditional $710.79 $1412.56 $1848.05 -4.35% Blue Shield Access+ HMO $654.87 $1309.74 $1702.66 9.39% Blue Shield NetValue HMO $666.35 $1332.70 $1732.51 18.76% Health Net Salud y Mas HMO $535.98 $1071.96 $1393.55 2.96% Health Net SmartCare HMO $596.98 $1193.96 $1552.15 2.95% Kaiser HMO $605.05 $1210.10 $1573.13 4.35% Sharp HMO $561.34 $1122.68 $1459.48 -0.57% United Healthcare HMO $493.99 $987.98 $1284.37 10.00% PERSCare PPO $761.50 $1523.00 $1979.90 15.85% PERSChoice PPO $683.71 $1367.42 $1777.65 15.03% PERSSelect PPO $625.20 $1250.40 $1625.52 6.77% PORAC safety members $675.00 $1292.00 $1642.00 7.70% 25E -3 Employee Group Insurance Renewals September 1, 2015 Page 4 Employee Assistance Program — REACH Employee /Associate Assistance The Employee Assistance Program assists employees and their eligible dependents in handling problems that may be interfering with their performance on the job. Consultation for problems such as alcohol and drug abuse, legal, marital and family problems are available. REACH currently provides services under this program. Full time and Part time employees are eligible to participate in the Employee Assistance Program. We are currently in the second year of a three -year rate guarantee through December 31, 2017. Retirees are not included in the annual cost estimates. The Police Officers Association maintains their own insurance programs for medical, dental and LTD coverage. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal Seven, Team Santa Ana, Objective #6 (Provide a positive workplace environment that supports the health of its employees and celebrates its successes. 25E -4 Current Rate based on Insurance Renewal Type of Coverage 1460 employees Rate 2016 based on Percent Change 1460 employees Full Time Employee $1.85 /employee $1.85 /employee 0.0% (970 full time) (970 full time) Part Time Employee $1.25 /employee $1.25 /employee 0.0% (490 part time) (490 part time) Retirees are not included in the annual cost estimates. The Police Officers Association maintains their own insurance programs for medical, dental and LTD coverage. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal Seven, Team Santa Ana, Objective #6 (Provide a positive workplace environment that supports the health of its employees and celebrates its successes. 25E -4 Employee Group Insurance Renewals September 1, 2015 Page 5 FISCAL IMPACT The annual cost of each plan may vary depending on changes in the number of employees enrolled during the year. The projected annual costs are calculated using current enrollment as of July 2015 for City provided insurance and 522 budgeted positions for POA insurance coverage. Aetna Life` POA LTD Insurance POA Dental POA Medical REACH (EAP Provider)* Total Annual Cost Coverage for POA (Sworn and Non - Sworn) CY 2015 $ 14,640 $ 396,000 $ 540,000 $ 7,074,000 $ 11,100 $ 8,035,740 CY 2016 $ 14,962 $ 404,712 $ 551,880 $ 7,495,848 $ 11,100 $ 8,478,502 Difference $ 322 $ 8,712 $ 11,880 $ 421,848 $ 0 $ 442,762 Coverage for SEIU, CASA, SAMA, EM, PMA & PTCS (City Administers) CY 2015 CY 2016 Difference Aetna Life /LTD Insurance* $ 115,788 $ 126,250 $ 10,462 Dental Carriers* $ 350,904 $ 404,677 $ 53,773 CalPERS Medical* $ 6,029,148 $ 7,035,566 $1,006,418 REACH (EAP Provider)* $ 17,784 $ 17,784 $ 0 Total Annual Cost $ 6,513,624 $ 7,584,277 $1,070,653 *City administered insurance Funds in the amount of $7,075,012 are budgeted and available in the Personnel Services Employee Benefits account (account no. 08109053 - 64010) to pay for City administered insurance coverage *. Funds in the amount of $8,452,440 are budgeted and available in the Employee Benefits account (account no. 08109053- 64010) to pay for the insurance coverage administered by the POA. The total budgeted amount of $15,527,452 is available in Fiscal Year 2015 -2016. The balance will be budgeted in Fiscal Year 2016 -2017. E and S. aya Executive Director Personnel Services APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency v 25E -5 25E -6 Exhibit "A" 25E -7 AMENDMENT NO. 10 TO AGREEMENT RENEWAL GROUP #00599 REVISED AGREEMENT dated January 1, 2005, as amended, between CITY OF SANTA ANA and DELTA DENTAL OF CALIFORNIA "Delta Dental," is hereby further amended, effective January 1, 2016, as follows: Paragraph 1.4 is amended to read: 1.4 "Contract Term" means the period beginning on January 1, 2016, and ending on December 31, 2016 and each subsequent yearly period during which this Contract remains in effect. Paragraph 3.1 is amended to read: 3.1 Within ten days after receipt of Delta Dental's Invoice, Contractholder agrees to pay the following monthly, billed Premiums to Delta Dental, at the address shown on the first page of this Contract, for all of Contra ctholder's Primary Enrollees and their Dependents who are "Enrollees" as set forth in Article2 of this Contract: $51.58 for each Primary Enrollee without enrolled Dependents; and $127.04 for each Primary Enrollee with one or more enrolled Dependents. Delta Dental shall use the plus stabilization existing as of December 31, 2015 to subsidize the total monthly Premium in the following amounts: $3.91 for each Primary Enrollee without enrolled Dependents; and $9.62 for each Primary Enrollee with one or more enrolled Dependents. The Contractholder is required to pay only the billed, monthly Premiums shown above. The total monthly Premium, including billed and subsidized monthly Premiums, is: $55.49 for each Primary Enrollee without enrolled Dependents; and $136.66 for each Primary Enrollee with one or more enrolled Dependents. Contractholder agrees to pay the invoiced amount. Eligibility adjustments reported to Delta Dental after the date the invoice Is prepared will be reflected on the subsequent month's invoice. Such adjustments are limited to the three -month period prior to the most current month for which the Contractholder provides eligibility data. Contractholder agrees to bear the cost 70% of such Premiums without withholding or otherwise charging Primary Enrollees for their coverage. Primary Enrollees agree to bear the remaining 30% of the cost of coverage for themselves and the entire cost of coverage for their enrolled Dependents. 25E -8 Paragraph 9.2 is amended to read 9.2 If Delta Dental terminates this Contract under paragraph 9.1 (a), all Benefits end and Delta Dental is released from all further obligations of this Contract, effective the last day of the month in which written notice of termination is given. The Contractholder will remain liable to Delta Dental for the greater of; (1) the unpaid Premiums applicable for the period this Contract was In effect before termination; or (2) the full amount of all Dentist's statements paid or otherwise discharged by Delta Dental during the full term of this Contract, plus 15.60% of such amount (to compensate Delta Dental for Its administration of the dental plan), less amounts actually paid by the Contractholder to Delta Dental during the term of such Contract. CITY OF SANTA ANA DELTA DENTAL GROUP #00599 Date Amendment Signed By: Signature Printed Name Title DATE: August 6, 2015 DELTA DENTAL OF CALIFORNIA Belinda Martinez Senior Vice President Sales /Marketing Kevin Jackson Group Vice President Underwriting &Actuarial APPROVED AS(TTO FORM Laura A. Rossini Senior Assistant City Attorney 25E -9 Exhibit `B" 25E -10 June 1, 2015 Dick Cook 014 Hibiscus Way Placentia, CA 92870 Re: City of Santa Ana #142337 Renewal — 111118 Dear Dick Cook, Mett.ife appreciates the opportunity to be a part of your benefit program. This letter confirms your renewal for the 2016 plan year. In determining the rates for the coming plan year, we have evaluated your plan experience, taking into account the credibility of the experience and the demographics of your group. Our objective in the renewal process is to identify rates that will maintain the overall financial stability of your benefit program. We have set the following rates for the coming year: Coverage Current Ranewai e in • Em to ee onl Rate Fee RatelPee ee =R • Em to ee + Pamil $45.98 DHMO • Em to ee onl $26.89 $26.88 +6.0 °f° • Em to ee + Pamil $45.98 The Patient Pmtecl` on and Affordable Care Act ( `PPACA") indude!s a health ;rlsttaance industry flee 9enpaseci aos ad health insuram, including dental and vlsican insarers. As with the, prior year, tills Pea is included in ttae dantai and /m Vision ragas above. The rates shown above assume your existing plan design, contribution structure and group demographics remain the same. Please do not hesitate to contact me at 949 -471 -2310 if I may answer any questions or assist in any way. Once again, thank you for the privilege you have extended to us, You are the reason we are in business, We look forward to continuing our relationship in the months and years ahead. Sincerely, Nick Sala Account Executive Pecluest to Notify Alaska f+e5idertts of Impending Covtrage and /or Premium Chaanooe Uod r Ala ka Sfat- to 2 L36 225 covered hrJN 1uais r' ,.piny u 1 asr<a nlu t nP ,oGred e),' inn endieg <ovP rya 3r;QWr prenvun� -rstnosos, as aGpkcnble If you - 6ve I a ti in Ala ca a y c i r e tmler MM ` D sa d l.r Drr t'nl, fi , n ai Aui dF t tai Dmth 3( (. I)iy . P!!TY.k t ; ;lGlit;° , e das 'hdC a wv -de r nn,r n•rf I r it .", t> ,aavf rn ae1 nrL . ^vP (b:' 2riPt.ive .. ate 0,`I %t . nG+ndf, R,offvL q t=;tem C `l .h..r'r"ie if ;r ai' (M!U t I ➢7Y -har%t Una: refi,Lo t .i+..alP- HIE II R� d'i, B ^21_i;rld nonce nlla,t .P provided _t ne TIM he.' ",mot.:, cP ,r < ..JVc ..,1_ .,r r d,— chanyr -i ✓m vv ,Pd ,r, , r i r. n5nr Ct 1';r '111"1 'Our "9e r e t ✓Ico' r'a(it. 25E -11 Exhibit "C" 25E -12 Page 1 of 1 Ca1PERS 2016 Health Premiums - Regional Contracting Agencies - PPOs Only June PHB+C Proposed Premiums 25E -13 2015 "Francisco, 2016 Percent Change Single 2 -Party le 2 -Party Family ( +l•) Alameda, Amador, Contra Costa, Mario, Napa, Nevada, Saquin, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma Sutter, and Yuba PER$Choice 1 1,401.68 1,822.18 798.36 1,596.72 13.91% PERS Select *775,08 1,380.86 1,795.12 730.07 460.14 5.74% PERSCare 1,650.16 2,015.21 889.27 1,778.54 14.73% a2,312.10 a El Dorado Placer, Sacramento and Yolo PERS Choice 679.261 1,358.52 1,766.08 727.58 11455.16 1,891.71 7,11% PERS Select 669.16 1,338.32 1,739.82 665.35 1,330.70 1,729.91 - 0.57% PERSCare 751.21 1 502.42 1 953.16 810.40 620.80 2107.04 7.88% a mmxmmm aLo s Angeles, San Bernardino, and Ventura PERS Choice I 585A8 1,170.361 1,521.47 59$.75 1,197.50 1,556.75 2.32% PERS Select 576.49 1,152.98 1;498,87 547.55 1,095.10 1,423.63 - 5.02% PERSCare 647,11 1,294.221 1,682,49 666.911 1,333.821 1,733.971 3.06% � 0 0 Fresno, Imperial, Inyo, Kern, Kings, Madera, Riverside, Orange, San Diego, San Luis Obispo, Santa Barbara, and Tulare PERS Choice 594.40 1,188.80 1,545.44 6II171 1,367.42 1,777.65 15:03% PERS Select 585.58 1,171.16 1,522.51 625.20 1,250.40 1,625.52. 6.77% PERSCare 657.32 1,314.64 1,709.03 761.50 1,523:00 1,979.90 15.$5 °I° Alpine, $unto, Calaveras. Ca4rsa , ei Norte, Glonn, Humboidt, Sake. Lassen, Mariposa, ,Mendocino rvlemed, .Modoc, \•tww, Monterey, Piwnae. 51n Benito, 5naeta, Sierra, 5iskiyou. fltanislaus, Tehama. Trinity. and Tuolumne Anthem EPO Del Norte 656.08 1,312.161 1,705.81 795.57 1,591.14 2,068.48 21.261/6 Anthem EPO Monterey 656.08 1,312.16 1,705.81 795.57 1,591.14 2,068,48 21.26% PERS Choice 656.08 1,312.16 1,705.81 795.57 1,591.14 2,068.48 21.26% PIERS Select 646.35 1,292.70 1,680.51 727,47 1,454.94 1,891.42 12.55% PERSCare 725.54 1,451.08 1,886.40 886.15 1,772.30 2,303.99 22.14% PERS Choice I- m 1 y 653.581 1,307.16 1,699.31 625.31 1,250.62 1,625.81 - 4.33% PERSCare 722.74 1,445.46 1,879.12 696,49 1,392.98 1,810.87 - 3.63% 2015 Single I 2 -Party Family 2016 Percent Change Single 2-Party Family Medicare Premium Rates -All Re ions "PERSCarel 339,47 678,94 1,018..41 366.38 732.76 1,099.14 7.93% 339.47 678.94 1,018.41 366.38 732,76 1,099.14 7.93% 368.761 737.52 281 408.041 816.08 1 1,224.121 10.65% , 25E -13 Page 2 of 3 CalPERS 2016 Health Premiums - Regional Contracting Agencies - HMOs Only June PHBC Final Proposed Premiums - Alternative 1 2015 2016 Percent Single 2 -Party Family Single I 2 -Party Family Change q Alameda, Amador, Contra Costa, Marin, Napa, Nevada, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Soigne, Sonoma Sutter, and Yuba Anthem HMO Select $662.411 $1,324.82 $1.722.271 $721.79 $1,443.58 $1,876.65 8.96% Anthem HMO Traditional 82T571 1,655.14 2,151.681 855.42 1,710.84 2,224.09 3.37% Blue Shield Access+ 928.871 1,857.74 2,415.06 1,016.18 2,032.36 2,642.07 9.40% Blue Shield NetValue 870,601 1,741.20 2,263.66 1,033.86 2,067.72 2,688.04 18.75% Health NotSmartCare'j 808.44 1,616.88 2,101.94 Kaiser CA 714,45 1,428.90 1,857.57 746.47 1,492.94 1,940.82 4.48% United Healthcare 850.67 r EI Dorado 1,701.34 2,211.74 Placer, Sacramento 955.44 1,910.88 2,484.14 12.32% and Yolo Anthem HMO Select $811.14 $1,622,28 $2,108.96 $902.07 $1,804.14 $2,345.38 11.21% Anthem HMO Traditional 940.16 1,880.32 2,44442 1,112.54 2,225.08 2,892.60 18.34% Blue Shield Access+ 809.22 1,618.44 2,103.97 885.33 1,770.66 2,301.86 9.41% Blue Shield NetValue 758.45 1,516.90 1,971.97 900.73 1,801,46 2,341.90 18.760/. Health Not SmartCare') 747.55 1,495.10 1,943.63 Kaiser CA 660.96 1,321,92 1,718.50 695.11 1,390.22 1,807.29 5.17% United Healthcare 623.45 1,246,90 1,620.97 686,36 1,372.72 11784.54 10.090% a 9 Los Angeles, San Bernardino, and Ventura Anthem HMO Select $493.40 $986.80 $1,282.841 $543.47 $1,086.941 $1,413.02 10.15% Anthem HMO Traditional 631.62 1,263.24 1,642.21 610.64 1,221.28 1,587.66 - 3.32% Blue Shield Access+ 517.87 1,035.74 1,346,46 566.53 1,133.06 1,472.98 9.40% Blue Shield NetValue 485.41 970.82 1,262.07 576.46 1,152.92 1,498.80 18.76% Health Net Salud y Mas 430.71 861.42 1,119.85 466.11 932.22 1,211,89 8.22% Health Net SmartCare 568.47 1,136.94 1,478.02 585.39 1,170.78 1,522.01 2.98% Kaiser CA 521.18 1,042.36 1,355.07 54183 1,087.66 1,413.96 4.35% United Healthcare 458.74 917.48 1,192.72 492.24 984.48 1,279.82 7.30% a a Fresno, Imperial, Inyo, Kern, Kings, Madera, Riverside, Orange, San Diego, San Luis Obispo, Santa Barbara, and Tulare Anthem HMO Select $653.97 $1.307,941 $1,700.32 $634.75 $1,269.50 $1,650.35 -2.94% Anthem HMO Traditional 743.12 1,486.24 1,932.11 710.79 1,421.58 1,848.05 4.357/. Blue Shield Access+ 598.66 1,197.32 1,556.52 654.87 1,309.74 1,702.66 9.39% Blue Shield NetValue 561.09 1,122.18 1,458.83 666.35 1,332.70 1,732,51 18.76% Health Net Salud y M6s 520.59 1,041.18 1,353,53 535.98 1,071.96 1,393,55 2.96% Health Not SmartCare 579.88 1,159.76 1,507.69 596.98 1,193.96 1,552.15 195% Kaiser CA 579.80 1,159.60 1,507.48 605.05 1,210,10 1,573.13 4.35% Sharp 564.57 1,129.14 1,467.88 561.34 1,122.68 1,459.48 -0.57% UnitedHealthcare 449.101 898,201 1.167.661 493,991 98T981 1,284.371 10.00% a/ New health plan option for 2016 b/ Medicare heaithplan is not available for 2016 under the Single Carrier Proposal 25E -14 Page 3 of 3 Ca1PERS 2016 Health Premiums - Regional Contracting Agencies - HMOs Only June PHBC Final Proposed Premiums - Alternative 1 2015 2016 Percent Single 2 -Party Family Single I 2 -Party Family change ( +l -) A pure. BuE[a. Calaveras. (,ni r. a. qel No+ ., o,erm, uw ,�boldt, Law. Las 5qo, Mar >osa. MenJ>C .r,,, M .r;..d, hiodoc. �Lhno. hioatarey, Plww s. San Benito. Shasta. Sierra, Ssktyou. SPaNSiaus. "shams, Tnmt and Tuniurn.ne Anthem HMO Select $728.65 $1,457.30 $1,894.49 $839,10 $2,181,66 15.16% Anthem HMO Traditional 838.48 1,676.96 2,180,05 964.91 2,508.77 15.08% Blue Shield Access+ 804.34 1,608.68 2,091.28 879.96 2,287,90 9.40 %Blue ShieldNetValue 753.82 1,507.64 1,959.93 895.17 L1,759.92 2,327.44 18.75% Kaiser CA 716.98 1,433.96 1,864.15 755.27 1,963.70 5.34% UnitedHealthcare 677.35 1,354.70 1,761,11 794,80 2,066.48 17.34% Kaiser /Out of State $922.78 $1,845.56 9 $2,399.23 $930.291 $1,860.56 $2,418.761 0.81% 2015 2016 Percent ' Single I 2 -Party I Family Single 2 -Party 7Famljy Change ( +l -) Medicare Premium Rates - All Re ions Anthem Blue Crose $445.38 $890.76 $1,336.14 Blue Shield"' 352.63 705.26 1,057.89 Health Not b/ 27685 553.70 830.55 Kaiser CA 295.51 591.02 886.53 297.23 594.46 891.69 0.58% Kaiser Out of State 390.47 780.94 1,171.41: 297.23 594.46 891,69 - 23.88% Shar br 327.66 655.32 982.98 UnitedHealthcare 267.41 534.82 802.23 320.98 641.96 962,94 a/ New health plan option for 2016 b/ Medicare healthplan is not available for 2016 under the Single Carrier Proposal 25E -15 Exhibit "D" 25E -16 A- 2014. 176.01 REACH EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT h This Employee Assistance Program Services Agreement is made and entered into as of January 1, 2015, between REACH Employee Assistance, Inc. (hereinafter referred to as "REACH "), a ' California corporation, and the City of Santa Ana, a charter city and Municipal Corporation y organized and existing under the Constitution and laws of the State of California (hereafter i referred to as "City ",) Whereas REACH is engaged in the Employee Assistance Program Services business and desires 6 to service City; and UWhereas City desires to obtain the Employee Assistance Program Services of REACH. It is therefore agreed as follows: This is a contract for service outlining the duties and responsibilities of REACH Employee Assistance, Inc,, to the City of Santa Ana. 1. Below are listed the Scope of Services provided by the REACH: 1. AssessmentiCounse imr/Referral for p,mnlovees and Denendents A total assessment will be administered for a well - rounded analysis of the client's problem. il} Employees and immediate family members are entitled to up to three (3) sessions per incident every six (6) months. REACII provides professional assessment/courrseling to the tsi °a u` point of referring the client to an outside counseling professional or agency. In addition, REACH provides follow-tip consultation. The number of sessions offered, within this limit, will be at the sole discretion of the REACH counseling staff. mns^c The City will be assigned a REACH liaison poison. REACH provides duality, experienced counselors knowledgeable in assessment shills to provide personal counseling to employees and immediate family members. REACH also provides qualified and experienced staff to assist management on all aspects of Employee Assistance Program. Dr Marcus Dayhoff is administratively, operationally and clinically responsible for REACH. A. Confidentiality, and Release of Information As a general rule REACH shall not disclose to the City the identity of City employees or immediate family members of City employees who elect to participate in the REACH Program offered imder this Agreement. Exceptions - Notwithstanding the above, REACH shall release to the City In writing the following information on employees who have been referred into the REACH Program as a condition of employment with the City: A) Whether employee has agreed to participate in the Assistance Program. 25E -17 B) List of all appointments of employee kept and missed, together with reason, if any, for missing the appointment, C) Subnussion of the employee's anticipated treatment plan as a participant in the Program, This plan shall consist of the following: 1) The anticipated number of visits, appointments, or sessions requested of the employee. 2) The type of therapeutic procedures in general terms that the employee is to receive during the employee's participation with the REACH Program or the treatment provider(s), 3) Description of the treatment service provider the employee is referred to by REACH. 4) Any other information not contained in the employee's treatment service provider medical record deemed appropriate by the City to evaluate the employee's participation in the Assistance Program. D) Any conclusion or opinion of REACH or employee's treatment service provider that the employee is limited or restricted in his/her ability to perform the employee's job duties, such limitation may be, but not necessary, limited to physical, psychological., or medical reasons. E) Any conclusion or opinion of REACH or employee's treatment service provider that employee's participation may necessitate employee's absence from the City. F) That employee has failed, refused, or otherwise has discontinued to proceed with the REACH Program or any treatment service provider. G) Report consisting of the following: 1) Diagnosis 2) Sunrmay of treatment or therapeutic procedures 3) Disabilities, limitations, or restrictions of employee 4) Recommendation on firrther treatment, The above information shall be considered confidential information not subject to disclosure by REACH unless the City employee has on file with REACH and any treatment service provider in the REACH Program an irrevocable authorization(s), RELEASE OF INFORMATION to the City. On receipt of the City's request for the above information, REACH shall notify in writing, the City employee of the City's request. NOTE: The City agrees that in cases where an employee agrees to be referred by management to REACH, the Supervisor will seek written permission from the employee to inform REACH of the circumstances leading up to the referral, The City agrees to in no way insist or demand confidential information from the REACH program on specific individuals who do not want their information released to the City. 25E -18 Service Providers: Exceptions will also be made in cases when the employee and /or immediate family members sign a written release authorizing the release of information by REACH to one or more agreed upon service providers. 2. Definitions a. "Client" shall mean an employee or his/her immediate family member participating in the REACH EAP program. b. "Treatment Service Providers" or "Service Providers" shall mean an outside cotunseling professional or agency, referred by REACH, whose services will be paid by the client. 3. Cognseting Hours REACH provides counseling hours from 8:00 a.m, to 8:00 p.m. Monday through Thursday, Friday 8 :00 to 5:00 p.m. and will respond appropriately and effectively to employee needs. Every attempt will be made to see management referrals and employees in crisis as early as possible to the time of calland no later than 24 hours (during business hours) of the call being made. All other clients will be seen within 48 hours of the call being made. The City agrees to provide REACH with names and telephone numbers of liaison individual(s) at the City who can be contacted in cases of emergencies and .keep REACH appraised of changes in contacts and telephone numbers. 4. 24 -Hour Availability. 7 days a week REACH provides confidential intake and psycho- social assessment and counseling to the point of referral to employees aid their immediate family members with a 24 hour telephone service. REACH assures that no calls go unanswered and that all crisis callers receive courteous and prompt service, During non - business hours, all calls answered by the REACH answering service will be connected to the on -call counselor. The REACHline number is 1- 800 - 273 -5273. 5, Location Employees and family members will have a choice of counseling either at one of our several conveniently located offices or at one of our service provider's office. 6. Referral Network When necessary, REACH will refer employees and dependents to appropriate, cost effective, geographically convenient and high quality services provided by individuals and agencies which have been screened by our staff. 7. MonitorinrOollow -up REACH will monitor and follow -up as long as appropriate all people referred by the REACH program to outside individuals and community resources to assure the problem is resolved and 25E -19 that the person is satisfied with the quality of referrals, In cases of management referrals, REACH will also follow -up regularly with the City on status ofjob performance. Service Utilization Reports REACH will provide quarterly confidential reports on service utilization, aggregate client profiles, assessed problems and outcome at case closure. Customer satisfaction reports will be available upon request by the City. 9. Benefits The City agrees to provide REACH with copies of all the City employee benefit plans and appraise REACH of all changes as they occur. to. Avoiding Conflict of Interest REACH agrees to avoid conflict of interest by providing up to three (3) referrals to clients based on competency, geography and the most cost effective modality to deal with the client's problem(s). No referrals will be made to the private practices of REACH counseling staff members or to any private practitioner and /or agency with whom a REACIi counselor has an economic relationship. Only the City can make exceptions to this rule. 11. Alcoholism and Chemical Dependency Intervention Selvices REACH provides job related alcoholism and chemical dependency intervention services as required, 12. Policy and Procedure The City agrees to consider implementing a policy and procedure statement on employee assistance when appropriate, REACH will provide technical assistance to the City staff in writing a policy and procedure statement on employee assistance, 13. Trainine REACH wall. provide Management and Supervisory training sessions annually. It is recomrnended that no more than 25 managers /supervisors attend each session, The purpose of these training sessions is to make managers acrd supervisors aware of City employee assistance program policy and procedures, of how to identify poor job performance as it relates to personal problems and to familiarize them with the processes of referrals and follow -up. The effectiveness of each training session will be evaluated. 14. Management Guidelines REACH supplies on request Management and Supervisor Employee Assistance Program guidelines for inclusion in City personnel management guidelines. 25E -20 15. Manager /Suge►visor Consultation and Assistance REACH will assist managers and supervisors calling REACHline for consultation on how to deal witlr specific employee incidents or problems, which may require EAP intervention. The City agrees to encourage managers and supervisors to take advantage of this consultation service. 16. Program Promotion The City agrees to support REACH in developing a yearly EAP program promotion plan. a. EAP orientation classes for employees in groups of up to 50 will be available to the City as a means of introducing City EAP policy and procedures and utilization of REACH services. b. "Munch & Learn" presentations will be conducted periodically upon request by the City, at City locations to maximize utilization of REACH services, C. REACH brochure & REACHline cards will be supplied to the City for distribution to all employees. I REACH Frontline will be electronically supplied to the City quarterly for distribution to all supervisors, e. REACHIine.com will be available for online use to all employees and family members. Employees will be supplied a password as mentioned on REACH employee brochure for online secure area access. E RE, ACHItne Posters will be supplied from time to time to the City for posting on official staff bulletin boards, g. Originals of promotional materials for inclusion as short articles in intenutl staff newsletter or as check staffers will be supplied upon request by the City. h. REACH staff will participate at the City's employee benefit fair upon request. L REACH will assist with drafting of any EAP related materials to announce REACH services to employees. 17. Ouality REACH conducts ongoing quality assurance audits on all aspects of the program from inception to end of the contract year, REACH will supply the City with quarterly reports. II. THE CITY OF SANTA ANA REALIZES AND UNDERSTANDS 25E -21 1. Top management support and commitment is essential to the success of the REACH Employee Assistance Prograni at the City of Santa Ana, 2. REACH is a totally confidential program. The City will only be aware of employees referred officially by management and information about that employee will not be released without written consent of the employee. 3. REACH will not, in all cases, be able to resolve the employee's or dependent's problem(s) in the set number of cotmseling sessions, In such cases the employee or family member will be referred to quality, cost effective resources available within the community. 4. Employees and dependents will not be charged for the services provided by REACH. If referrals are necessary, those referrals may result in additional cost to the City's benefit plan and may result in added costs to the employee or family member. 5. The REACH program is made available to all full- and part -time employees and their dependents. The REACH benefit starts on the first day of employment. 6. It is anticipated that the yearly employee utilization rate will be a minimum of 6 -8 %. The REACH promotional program will airn at achieving at least this utilization rate. III. TERMS AND CONDITIONS 1. The .Agreement period will extend from January 1, 2015 to December 31, 2017. 2. The total cost to the City for the services to be provided to the City and its employees by REACH under this Agreement shall be 81.85 per full time employee /month, and $1,25 per part time employee /month. While the number of persons employed by the City may fluctuate from time to time during the team of this Agreement, the City agrees the amount of compensation payable to REACH during the term of the Agreement shall be based on the number of persons employed by the City at the beginning of the month invoiced for. The beginning employee count will be 970 F/T and 490 P/T, 3. The City will be invoiced on the first of each month for that month's installment. Chocks will be made payable to REACII Employee Assistance, Inc. and mailed to 650 N. Rose Drive, #350, Placentia, CA 92870 - Alto.: Accounts Receivable. 4. The City will make payment within 30 days from the date of the receipt of the invoice from REACH Employee Assistance, Inc. 5. The City or REACH has the right to cancel this contract at any time without cause by giving 60 days written notice to that effect. 6. REACH Employee Assistance, Inc. agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents and representatives, from any and all claims, demands, purported 25E -22 liability, or consequential damages of any kind or nature arising out of or in connection with REACH's acts or omissions in carrying out the terms of this Agreement or exercising the rights herein granted; excepting those claims, demands, purported liability, or consequential damages which arise out of the sole negligence of City. REACH agrees to maintain during the course of this Agreement the following Insurance coverage: a) Comprehensive general liability insurance coverage, including personal injury and contractual liability coverage, in an amount equal to One Million Dollars ($1,000,000.00) per occurrence, combined single limit; b) Worker's Compensation insurance as required by State of California statutes; C) Professional liability insurance with a One Million Dollar ($1,000,000.00) limit, per occurrence. REACH agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement. Also, the City of Santa Ana, its officers, agents and employees will be named as additional insured on the above referred comprehensive general liability coverage and REACH will provide an endorsement to that effect. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. Such insurance will be evidenced by certificate and issued by companies licensed to do business in California and acceptable to the City. Before REACH performs any work, it will furnish certificates of Insurance and endorsements, as required by City, evidencing the aforementioned general liability, and professional liability insurance coverages on forms acceptable to the City which shall provide that the insurance in force not be canceled or modified without 30 days prior written notice to the City. 8. NO ASSIGNMENT. REACH shall not assign or transfer this Agreement or any rights hereunder without the prior written consent of the City and approval by the City's City Attorney, which may be withheld in the City's solo discretion. Any unauthorized assigned or transfer shall be null and void and shall constitute a material breach by REACH of its obligations under this Agreement. No assignment shall release the original parties or otherwise constitute a notation, 9. COMPLIANCE WITH LAWS. REACH shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 10. ATTORNEY FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to the relief to which such party may be entitled. 11. INTERPRETATION. 25E -23 (a) Applicable Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California, with venue in Orange County. (b) Entire Agreement. This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). To the extent there is any conflict or inconsistency between the terms acrd provisions of this Agreement and the exhibits attached hereto, the terms and provisions of this Agreement shall govern the rights and obligations the parties hereto. (c) Written Amendment. This Agreement may only be changed by written amendment signed by REACH and the City Manager of the City or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect. (d) Severability. If any provisions of this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. (e) Order of Precedence, in case of conflict between the terms of this Agreement and the terms contained in any document attached as an exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail. (f) C,uoice of lrorum. The parties hereby agree that this Agreement is to be executed in accordance with the applicable laws of the State of California, is entered into and is to be performed in the City of Santa Ana and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the City of Santa Ana at a place to be determined by the ruffles of the forum. 12, TIME OF ESSENCE. Time is strictly of the essence of this Agreement and each and every covenant, term and provision hereof. 1.3. AUTHORITY OF REACH. REACH hereby represents and warrants to the City that REACH has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized. 14. INSURANCE+. REACH shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth in the Agreement to which this Addendum is attached for the duration of the Agreement, including any extensions hereto. The policies shall state that they afford primary coverage. Failure to maintain. required insurance at all times shall constitute a default and material breach. In such event, REACH shall immediately notify City and cease all 25E -24 performance rmder this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at, its option: (a) procure insurance with collection rights for premiums, attomey's fees and costs against REACH by way of set -off or recoupment from the sums due REACH, at City's option; (b) immediately terminate this Agreement; or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from REACH, by way of set -off or recoupment from any sums due REACH, 15. NOTICES. Any notice or demand to be given by one party to the other shall be given in writing and by personal delivery or prepaid first - class, registered or certified mail, addressed as follows. Notice simply to the City of Santa Ana or any other City department is not adequate notice. To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 Copies to: Executive Director of the Personnel Services Agency City of Santa Ana 20 Civic Center Plaza (M -24) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6930 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714.647 -6515 If to REACH: REACH Employee Assistance, Inc. 101 East Lincoln Avenue, Suite 230 Anaheim, CA 92805 Attn.: Dr, Marcus Dayhoff Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party, 16. TERMINATION FOR CONVENIENCE (Without Cause). The City or REACH may terminate this Agreement in whole or in part at any time, for any cause or without cause, upon sixty (60) calendar days' written notice to the other. If the Agreement is thus terminated by the City for 25E -25 reasons other than REACH's failure to perform its obligations, the City shall pay REACH a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be REACH's exclusive remedy for termination without cause. 17. DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a. default and terminate this Agreement by written notice to the defaulting party, The notice shall specify the basis for the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Agreement, including the payment of money, except for payment of services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 18. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement, REACH agrees as follows: a. REACH shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or mental or physical disability. REACH will ensure that applicants are employed and that employees are treated during employment, without regard to race, color, religion, sex, national origin or mental or physical disability. Such actions shall include, but not limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection training, including apprenticeship. REACH agrees to post in conspicuous places, available to all employees and applicants for employment, a notice setting forth provisions of this non - discrimination clause. b. REACH shall, in all solicitations and advertisements for employees placed by, or on behalf of REACH, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or mental or physical disability. c. REACH shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 10 25E -26 19. CONFLICT. REACH hereby represents, warrants and certifies that no member, officer or employee of REACH is a director, officer or employee of the City, or a member of any of its boards, commissions or committees, except to the extent permitted by law. (Signatures on Following Page) 11 25E -27 IN WITNESS WHERE Or, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Marii D, 14Wzar _ Y~ Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Lisa Storcic Assistant City Attorney RECOMMENDED FOR APPROVAL: Edward Raya, Executive irector Personnel Services Agency CITY OF SANTA ANA DaviTICava7zos City Manager REACH Employee Assistance, Inc. By:�-z. , Marcu Dayhos ff CEO & Clinical Direct r° is 25E -28