HomeMy WebLinkAbout1994-161
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RESOLUTION NO, g4 H;;
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNSELING TEAM TO PERFORM
4 COUNSELING SERVICES FOR THE EMPLOYEES OF THE CITY OF SAN
BERNARDINO,
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the city of San Bernardino is
8 hereby authorized and directed to execute on behalf of said city an
9 agreement with the Counseling Team to perform counseling services
10 for the employees of the city of San Bernardino, a copy of which is
11 attached hereto marked Exhibit "A" and incorporated herein by
12 reference as fully as though set forth at length.
13 SECTION 2, The authorization to execute the above
14 referenced agreement is rescinded if the parties to the agreement
15 fail to execute it within sixty (60) days of the passage of this
16 resolution.
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94-161
I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common council of the City of San
3 Bernardino at a
r~g1l1::lr
meeting thereof, held on the
4 20th
5 wit:
day of
June
, 1994, by the following vote, to
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7 Council Members
AYES
ABSENT
18 The foregoing resolution is hereby approved this 23rd
8 NEGRETE
9 CURLIN
10 HERNANDEZ
11 OBERHELMAN
12 DEVLIN
13 POPE-LUDLAM
14 MILLER
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19 day of
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23 Approved as to form and
legal content:
June
24 JAMES F. PENMAN
City Attorney
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26 BY//)~r/ /j;~
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NAYS
ABSTAIN
y
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~. / ,-; "'/ L-,
, ":'<~-"'-~it;\::~~kr >
, 1994.
-/i?'m-)t~i~~
TaM MINOR; MAYOR
City of San Bernardino
94-161
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A G R E E MEN T
THIS AGREEMENT is made and entered into this 1/ r):- day of
elt ( /> 7r , 1994, by and between the CITY OF SAN BERNARDINO,
/ (/
a municipal corporation, 300 North '0' Street, San Bernardino,
California 92418,
(herein referred to as 'city'), and The
6 Counseling Team (herein referred to as 'Consultant') 225 West
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Hospitality Lane, suite 100, San Bernardino, California 92408,
city and Consultant agree as follows:
1. General Description of Work to be Done.
City hereby engages Consultant, and Consultant hereby accepts
such engagement, to perform the services herein described for the
compensation herein provided.
Consultant hereby assures and
covenants to city that they have the qualifications, experience and
facilities to properly perform said services, and hereby agrees to
undertake and complete the performance thereof for the compensation
herein provided.
2. Term.
The term of this agreement shall commence on execution of this
19 agreement by both parties. The anticipated term of the agreement
20 is thirty-six (36) months ending June 30, 1997.
However, this
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agreement may be extended on a month-to-month basis for a maximum
of six (6) additional months upon the expressed written consent of
Consultant to such extension and the approval thereof by the City
Administrator.
3. Pavrnent and provision for Pavrnent.
A. Maximum Compensation
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(1) Basic compensation to be paid under this agreement
shall be thirty four thousand two hundred dollars ($34,200) for
scope of work as outlined in section 4 of this agreement. city
shall pay Consultant a sum not to exceed $2,850,00 per month
commencing July 1, 1994 and ending June 30, 1995. Commencing July
1, 1995, basic compensation to be paid shall be thirty five
thousand two hundred twenty six dollars ($35,226,00). City shall
pay Consultant a sum not to exceed $2,935,50 per month, ending June
30, 1996. Commencing July 1, 1996, the basic compensation to be
paid shall be thirty six thousand two hundred eighty three dollars
($36,283). The City shall pay the Consultant a sum not to exceed
$3,023.58) per month, ending June 30, 1997. Consultant shall
submit an invoice for services rendered which coincides with its
monthly reports as set forth in section 5. Payment shall be made
by city within twenty (20) days from the date of each invoice.
Upon execution of this agreement, pre-treatment and counseling
services shall be made available at no cost to City employees and
their families. If Consultant needs to refer any individuals
covered under this agreement to another professional individual or
agency, the cost incurred for such other professional service shall
be solely the responsibility of the individual employee; city shall
have no liability therefore. Every effort will be made to refer
employees to free services or agencies providing services covered
by available insurance, or those agencies which operate on an
ability-to-pay basis.
4. General Description of Work to be Done.
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Consultant hereby agrees to perform the following services:
A. Conduct a preliminary evaluation and provide counseling
services upon request to any City employee and members of their
family residing with the employee. "City employees" shall include
employees of the Economic Development Agency of the city of San
Bernardino and the Water Department of San Bernardino. "Members of
the family" shall include spouse, son, daughter, stepson,
stepdaughter, mother, father, mother--in-Iaw, father-in-law, nephews
and nieces if residing in the same household and dependent upon the
employee.
B. A request for services shall be responded to within 24
hours. An emergency or life-threatening situation shall be
responded to immediately.
C, Provide fOllow-up of said employees and/or their family
members under treatment.
D, Provide consultations with supervisors regarding.problem
employees and/or any aspect of the Employee Assistance Program.
E, Provide supervisory training relative to employee
Assistance Program referral procedures.
F. Conduct education seminars and briefings for all levels
of management concerning services provided by the Employee
Assistance Program.
G. Conduct educational workshops on a variety of topics, as
stated by The Counseling Team to all departments covered under the
terms of this contract. The total number of workshops for the City
per fiscal year is limited to six (6), unless The Counseling Team
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approves a special request by the EAP co-ordinator, Risk
Management.
H. Assist management in development of policies and
procedures for Employee Assistance Program.
I. Assist management in introducing the Employee Assistance
Program to aforementioned employees.
J, Provide critical Incident Intervention services for the
City, The first fifteen hours of intervention work will be
included in the basic annual cost shown in section 3. Additional
intervention work will be billed at $100.00 per hour per counselor,
and will begin at the time the counselor/counselors are called from
dispatch. A Crisis Intervention form will be completed by the
designated authority, and a completed and signed copy given to the
counselor/counselors. This form will be routed to Risk Management
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 report shall: (a) accurately describe in
general terms services provided during the contract period, but
with no individually identifiable information, referable to any
individual client. Such report shall be provided only for audit
purposes. (b) provide numerical usage reports to the City for the
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 with accurate
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information of their relationship to the EAP.
6, Amendments.
This agreement may be amended or modified only by written
agreement executed by both parties.
7. Assiqnment.
Consultant's rights under this agreement shall not be assigned
by Consultant to any other person, firm or corporation without the
prior written consent of the city.
8. Relationship of Parties.
Consultant is acting as an independent contractor, and not as
an employee of the city. In the performance of personal services
pursuant to the provisions of this agreement, Consultant shall not
be supervised, directed, or under the control or authority of any
City officer or employee, except and to the extent as may be
expressly or implicitly required by the terms and provisions of
this agreement. Any direction or control so required under this
agreement shall be limited to broad objectives or goals of the
project or program to be accomplished and not to the details and
procedures to accomplish such objectives or goals. Consultant
shall not be obligated tu <.:.onform to the supervision or direction
of City officers or employees which are not authorized herein.
Changes or modifications of said objectives and goals may be made
by 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, its
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elective and appointive boards, commissions, officers, agents and
employees, harmless from any liability for damage or claim for
damage for personal injury, including death, as well as from
Consultant's operations under this agreement. Consultant agrees
to, and shall defend city and its elective and appointive boards,
commissions, officers, agents and employees from any suit or
actions at law or in equity for damages caused or alleged to have
been caused by reason of Consultant's performance hereunder
including any claims that may arise against City by reason of
Consultant's legal 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, the prevailing party shall be entitled
to recover reasonable attorney's fees in addition to any other
relief granted by the court.
11. Terminated bv city.
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 with or
without cause. Consultant shall be given five (5) days written
notice for failure of Consultant to perform obligations under the
contract in a satisfactory manner, and thirty (30) days written
notice if termination is for other reasons. Notice shall be mailed
posted to the address set forth herein for the receipt of notices.
In the event of any termination, Consultant shall have the right
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and obligation to immediately assemble work in progress and forward
same to the city. All charges outstanding at the time of
termination shall be payable by the City to Consultant within
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 this 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 furnished
for or relating to the work or services, or for any act or failure
to act of the City relating to or arising out of work and this
agreement.
13. Confidentialitv to be Assured.
Consultant shall maintain the confidentiality of all employees
referred for or voluntarily seeking counseling services. The
parties recognize that the cornerstone of every successful Employee
Assistance Program is the pledge of confidentiality; without
confidentiality there is no credibility. Employees will not reveal
their personal problems if there are no clear legal guidelines
about confidentiality. Consultant shall assure that all personal
information imparted by a counselee to a counselor will be
respected and safeguarded. Such information may be used 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
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regulations and state laws. Consul tant shall maintain in good
order a fire and burglar alarm system to protect its records.
Consultant will not reveal to any person or entity, except pursuant
to a valid subpoena, the names or identities of employees or family
members who come to the program voluntarily or who, having been
referred, agree to accept counseling services, except to confirm on
a one-time basis only that an 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 as an additional insured as to any
potential liability to Consultant and City. The evidence to be
provided shall be a Certificate of Insurance describing the
coverage provided and naming the City of San Bernardino, Economic
Development Agency and City of San Bernardino Water Department,
Board of Water Commissioners as an additional insured by
endorsement. The insurance shall consist of the following: (a)
Workers' Compensation. Consultant shall provide proof of Workers'
Compensation insurance coverage for all of its employees pursuant
to this agreement. Evidence of such insurance shall be furnished
to City's Risk Management Division prior to commencement of this
agreement. (b) General Liability Insurance and Professional
Liability Insurance covering the professional services provided by
Consultant, including coverage for errors and omissions, with a
combined single limit of not less than $1,000,000.00 per
occurrence, $2,000,000 aggregate.
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15. Bilinqual Interpreter.
Consultant shall provide an English/Spanish bilingual
interpreter as needed, with an English/Spanish bilingual counselor
being preferred.
16. Notices.
Any notice required to be given hereunder shall be deemed to
have been given by depositing said notice in the United States
8 mail, postage prepaid, and addressed as follows:
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11 Rachel Clark, City Clerk
12 City of San Bernardino
300 North 'D' Street
13 San Bernardino, Ca 92418
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CITY
CONSULTANT
The Counseling Team
225 West Hospitality Lane,
suite 100
San Bernardino, Ca 92408
17.
Entire Aqreement.
This contract constitutes the entire Agreement between city
modified
by
further written
only
and
Consultant
and may
be
agreement between the parties.
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28 May 19, 1994 9
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. 94-161
AGREEMENT BETWEEN THE C1TY OF SAN BERNARDINO AND THE COUNSELING
TEAM TO PERFOR~ SERVICES FOR THE EMPLOYEES OF SAID CITY.
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IN WITNESS WHEREOF, this agreement has been executed by the
2 parties effective as of the date and year first above written.
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4 ATTEST:
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CITY OF SAN BERNARDINO
Municipal Corporation of
the State of California
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7 R~h~~clark, City Clerk
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/ ff?7? ...I/I~
/ TOM MINOR, MAYOR
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CeNS/
By:
11 Approved as to form
12 and legal content:
JAMES F. PENMAN
13 City Attorney
14 by: A/H~l1.Jk./
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