HomeMy WebLinkAbout2002-257
Resolution No 2002-257
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RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SERVIC
AGREEMENT AND AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT T
EXCEED $50,000 TO THE COUNSELING TEAM.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and the Common Council of the City of San Bernardino i
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hereby authorized to execute a service agreement and authorize the Purchasing Manager to issu
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an annual purchase order in an amount not to exceed fifty-thousand dollars ($50,000) to Th
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Counseling Team for continued employee counseling services. The annual purchase order is fo
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one (1) year with the option of two (2), one-year extensions, commencing on September I, 2002.
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SECTION 2. The authorization to execute the above referenced is rescinded if it is no
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issued within sixty (60) days of the passage of this resolution.
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2002-257
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SERVIC
AGREEMENT AND AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT T
EXCEED $50,000 TO THE COUNSELING TEAM.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
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the Common Council of the City of San Bernardino at a joint regular meeting thereof, hel
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8 COUNCILMEMBERS: AYES
ESTRADA x
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LIEN x
10 MCGINNIS
x
11 DERRY X
12 SUAREZ X
13 ANDERSON x
MCCAMMACK x
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, 2002, by the following vote, to wit:
NA YES
ABSTAIN ABSENT
.Q~Io2.~
RacllsLG. Clark, City Clerk
The foregoing resolution IS hereby approved this
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day 0
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August
,2002.
J It Valles, Mayor
ty of San Bernardino
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Approved as to form and
Legal content:
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JAMES F. PENMAN,
24 City Attorney
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2002-257
AGREEMENT
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THIS AGREEMENT is made and entered into this 5th day of August 2002, by an
between the CITY OF SAN BERNARDINO, a municipal corporation, 300 North D Street, S
Bernardino, California, 92418, (herein referred to as "City"), and THE COUNSELING TE
(herein referred to as "Consultant"), 1881 Business Center Drive, Suite 11, San Bernardino
California, 92408. City and Consultant agree as follows:
1. General Description of Work Performance
City hereby engages Consultant, and Consultant hereby accepts such engagement, t
perform the services herein described for the compensation herein provided. Consultant hereb
assures and covenants to City that they have the qualifications, experience and facilities t
properly perform said services, and hereby agrees to undertake and complete the performanc
thereof for the compensation herein provided.
15 2. Term
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The term of this agreement shall commence on execution of this agreement by bo
parties. The anticipated term of the agreement is twelve (12) months commencing September I
2002, with the option of two (2), one-year extensions upon the expressed written consent 0
Consultant to such extension and the approval thereof by the Mayor.
3. Payment and Provision for Payment
A. Maximum Compensation
Basic compensation to be paid under this agreement shall be fifty thousand dollar
($50,000) annually for one (1) year, as outlined in Section 4 of this agreement. City shall pa
Consultant a sum not to exceed three thousand, two hundred forty-five dollars ($3,245) pe
month commencing September I, 2002 and ending June 30, 2003. The Counseling Team shal
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provide psychological services and will maintain itemized records on a "fee for services" basis.
Additionally, the City shall pay Consultant a sum not to exceed one hundred fifty doll
($150.00) per hour for critical incident debriefing. Consultant shall submit an invoice fo
services rendered, which coincides with its monthly reports as set forth in Section 5. Paymen
shall be made by City within twenty (20) days from the date of each invoice. Upon execution 0
this agreement, pretreatment and counseling services shall be made available at no cost to Cit
employees and their families. If Consultant needs to refer any individuals covered under thi
agreement to another professional individual or agency, the cost incurred for such othe
professional service shall be solely the responsibility of the individual employee; City shall hav
no liability thereafter. Every effort will be made to refer employees to free services or agencie
providing services covered by available insurance, or those agencies that operate on an ability-to
pay basis.
4. General Description of Work Performance
Consultant hereby agrees to perform the following services:
A. Conduct a preliminary evaluation and provide counseling services upon request t
any City employee and members of their family residing with the employee. "City employees'
shall include employees of the City of San Bernardino, the City of San Bernardino Economi
Development Agency and the City of San Bernardino Municipal Water Department. "Member
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of the family" shall include spouse; son; daughter; stepson; stepdaughter; mother; father; mother
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in-law; father-in-law; nephews; and, nieces, if residing in the same household and dependen
upon the employee.
B. A request for services shall be responded to within twenty-four (24) hours.
emergency or life-threatening situation shall be responded to immediately.
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C. Provide follow-up of said employees and/or their family members unde
treatment.
D. Provide consultations with supervisors regarding problem employees and/or an
aspect of the Employee Assistance Program.
Provide supervisory training relative to Employee Assistance Program referra
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procedures.
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F.
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Conduct education semmars and briefings for all levels of managemen
concerning services provided by the Employee Assistance Program.
G. Conduct educational workshops on a variety of topics
Counseling Team to all departments covered under the terms of this contract. The total numb
of workshops for the City per fiscal year is limited to six (6), unless The Counseling Te
approves a special request by the Employee Assistance Program coordinator (Director of Hum
Resources).
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Assist City management in development of policies and procedures for Employe
Assistance Program.
1. Assist City management in introducing the Employee Assistance Program t
aforementioned employees.
J. Provide Critical Incident Intervention services for the City. The first fifteen (15
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hours of intervention work will be included in the basic annual cost shown in Section 3
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Additional intervention work will be billed at one hundred fifty dollars ($150) per hour pe
counselor, and will begin at the time the counselor/counselors are dispatched.
Intervention form will be completed by the designated authority, and a completed and sign
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copy gIVen to the counselor/counselors. This form will be routed to Risk Managemen
Occupational Health by the department for approval of The Counseling Team's services.
5. Reports bv Consultant
Consultant shall submit to City monthly reports with its bill for services. Such repo
shall: (a) accurately describe in general terms services provided during the contract period, bu
with no individually identifiable information, referable to any individual client. Such report shal
be provided only for audit purposes; (b) provide numerical usage reports to the City for th
purpose of evaluating the effectiveness of the Employee Assistance Program; (c) in addition
Consultant shall submit to the City monthly reports of their staff, providing the City wit
accurate information of their relationship to the Employee Assistance Program.
6. Amendments
This agreement may be amended or modified only by written agreement executed b
both parties.
Assignment
Consultant's rights under this agreement shall not be assigned by Consultant to any othe
person, firm or corporation without the prior written consent of the City.
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Relationship of Parties
Consultant is acting as an independent contractor, and not as an employee of the City.
the performance of personal services pursuant to the provisions of this agreement, Consultan
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shall not be supervised, directed or under the control or authority of any City officer 0
employee, except and to the extent as may be expressly or implicitly required by the terms an
provisions of this agreement. Any direction or control so required under this agreement shall b
limited to broad objectives or goals of the project or program to be accomplished and not to th
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details and procedures to accomplish such obj ectives or goals. Consultant shall not be obligate
to conform to the supervision or direction of City officers or employees, which are no
authorized herein. Changes or modifications of said objectives and goals may be made b
written recommendations of either party subject to the concurrence of the other party in writing.
9. Hold Harmless
Consultant hereby agrees to and shall hold City and its elective and appointive boards
commissions, officers, attorneys, agents and employees, harmless from any liability for damag
or claim for damage for personal injury, including death, as well as from Consultant's operation
under this agreement. Consultant agrees to and shall defend City and its elective and appointiv
boards, commissions, officers, agents and employees from any suit or actions at law or in equit
for damages caused or alleged to have been caused by any reasons of Consultant's performanc
hereunder including any claims that may arise against City by reasons of Consultant's lega
relationship with City being categorized as other than that of an independent contractor.
10. Attornev's Fees
In the event an action is filed by either party to enforce rights under this agreement, th
prevailing party shall be entitled to recover reasonable attorney's fees in addition to any othe
relief granted by the court. The cost, salary and expenses of the City Attorney and members 0
his/her office in enforcing this agreement on behalf of the City shall be considered attorney'
fees for purposes of this paragraph.
11. Terminated bv Citv of San Bernardino
Notwithstanding any other provision of this agreement, the City by notifying in writing
may terminate all or a portion of the services agreed to be performed under this agreement wit
or without cause. Consultant shall be given two (2) days written notice for failure of Consultan
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to perform obligations under the contract in a satisfactory manner, and thirty (30) days writte
notice if termination is for other reasons. Notice shall be mailed posted to the address set fort
herein for the receipt of notices. In the event of any termination, Consultant shall have the righ
and obligation to immediately assemble work in progress and forward same to the City. Al
charges outstanding at the time of termination shall be payable by the City to Consultant withi
thirty-five (35) days following submission of final statement by the Consultant.
12. Acceptance of Final Payment Constitutes Release
The acceptance by Consultant of the final payment made according to the terms of thi
Agreement shall operate and be a release to the City, and every employee and agent thereof
from all claims and liabilities to Consultant for anything done or fumishedfor or relating to th
work or services, or for any act or failure to act of the City relating to or arising out of work an
this agreement.
13. Confidentiality to be Assured
Consultant shall maintain the confidentiality of all employees referred for or voluntaril
seeking counseling services. The parties recognize that the cornerstone of every successfu
Employee Assistance Program is the pledge of confidentiality; without confidentiality there is n
credibility. Employees will not reveal their personal problems if there are no clear lega
guidelines about confidentiality. Consultant shall assure that all personal information imparte
by a counselee to a counselor will be respected and safeguarded. Such information may be use
only in a professional manner for the purpose of helping in rehabilitating the worker.
Consultant's records shall be kept secure in accordance with the code of ethics of the profession
federal regulations and state laws. Consultant shall maintain in good order a fire and burgl
alarm system to protect its records. Consultant will not reveal to any person or entity, excep
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pursuant to a valid order by a court of appropriate jurisdiction, the names of identities 0
employees or family members who come to the program voluntarily or who, having bee
referred, agree to accept counseling services, except to confirm on a one-time basis only that
employee kept an appointment made for him or her by a supervisor or other City official.
14. Insurance
Consultant shall provide to City evidence of insurance covering Consultant and City a
an additional insured as to any potential liability to Consultant and City. The evidence to b
provided shall be a Certificate of Insurance describing the coverage provided and naming th
City of San Bernardino, the City of San Bernardino Economic Development Agency and City 0
San Bernardino Municipal Water Department, Board of Water Commissioners as an additiona
insured by endorsement. This Certificate of Insurance shall not be terminated or materiall
altered without ten (10) days' advance written notice to the City of San Bernardino. Th
insurance shall consist of the following: (a) Workers' Compensation. Consultant shall provid
proof of Workers' Compensation insurance coverage for all of its employees pursuant to thi
agreement. Evidence of such insurance shall be furnished to City's Risk Management Divisio
prior to commencement of this agreement; (b) General Liability Insurance and Professiona
Liability Insurance covering the professional services provided by Consultant, includin
coverage for errors and omissions, with a combined single limit of not less than one millio
dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) aggregate.
15. Bilingual Interpreter
Consultant shall provide an English/Spanish bilingual interpreter as needed, with
English/Spanish bilingual counselor being preferred.
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Notices
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Any notice required to be given hereunder shall be deemed to have been given b
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depositing said notice in the United States mail, postage prepaid and addressed as follows:
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CITY
CONSULTANT
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Rachel Clark, City Clerk
7 City of San Bernardino
300 North D Street
8 San Bernardino, CA 92418
The Counseling Team
1881 Business Center Drive, Suite II
San Bernardino, CA 92408
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Entire Agreement
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This contract constitutes the entire Agreement between City and Consultant and may b
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modified only by further written agreement between the parties.
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Conflict of Interest
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A.
The City or its employees may be subject to the provisions of the Californi
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Political Reform Act of 1974 (the "Act"), which (I) requires such persons to disclose fmancia
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interests that may be materially affected by the work performed under this Agreement, and (2
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prohibits such persons from making or participating in making decisions that will foreseeabl
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financially affect such interest.
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B. The City shall conform to all requirements of the Act. Failure to do so constitute
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a material breach and is grounds for termination of the Act. Failure to do so constitutes
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material breach and is grounds for termination of the Agreement by Consultant.
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2002-257
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TH
COUNSELING TEAM TO PERFORM SERVICES FOR THE EMPLOYEES OF SAID CITY.
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IN WITNESS WHEREOF, this agreement has been executed by the parties effective
CITY OF SAN BERNARDINO
Municipal Corporation of
State of California
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