HomeMy WebLinkAbout1992-191
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RESOLUTION NO. 92-191
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNSELING TEAM TO PERFORM
COUNSELING SERVICES FOR THE EMPLOYEES OF' THE CITY OF SAN
BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the city of San Bernardino is
hereby authorized and directed to execute on behalf of said City an
agreement with the Counseling Team to perform counseling services
for the employees of the City of San Bernardino, a copy of which is
attached hereto marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 2.
The authorization to execute the above
referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
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April 2, 1992
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RESOLUTION', , ,AGREEME1lT WITH THE COllilSELING TEA/.j TO PERFOR'l
COU"SELING SERVICES FOR TilE EIlPLOYEES",
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
The foregoing resolution is hereby approved ~-S'
of June 1992,
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/// ,,/>~/>~~j/~:://rJ.._;/-_/r- -;/'/
'W,~ R;t!OL.CONB, MAYOR ""P
City of San Bernardino
Bernardino at a
requl.:.i.r
day of
1st
June
5 wit:
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7 Council Members
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
AYES
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MILLER
day
Approved as to form and
legal content:
JAMES F. PENMAN
City A torney
By:
1992
meeting thereof, held on the
, 1992, by the following vote, to
NAYS
ABSTAIN
ABSENT
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x
(~ ,,/" "
_'A ::(:-(~-_,_LJJ ./ J-:\-<^-t'~,--'1----)'\..L(~ r
" city Clerk ,J
3rd
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City of S Bdno Res No 92-191 adopted 6/1/92
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A G R E E MEN T
OCf.;j
THIS AGREEMENT is made and entered into this
cP~ ' 1992, by and between the CITY OF
a municipal corporation, 300 North '0' street,
day of
SAN BERNARDINO,
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
12 compensation herein provided.
Consultant hereby assures and
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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
agreement by both parties. The anticipated term of the agreement
is twelve (12) months ending June 30, 1993.
However, this
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. Payment and Provision for Payment.
A. Maximum Compensation
April 2, 1992
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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, 1992. 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.
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,
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stepdaughter, mother, father, mother-in-law, 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. Assist management in development of policies and
procedures for Employee Assistance Program.
H. Assist management in introducing the Employee Assistance
Program to aforementioned employees.
I. 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.
5. Reports bv Consultant.
Consultant shall submit to City monthly reports with its bill
for services. Such report shall: (al accurately describe in
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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.
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 to conform to the supervision or direction
of city officers or employees which are not authorized herein.
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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
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 citv.
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
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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
and obligation to immediately assemble work in progress and forward
same to the ci ty. 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
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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
regulations and state laws. Consultant 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 City as an additional insured. 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) Professional Liability Insurance. Professional
liability insurance covering the professional service provided by
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Consultant, including coverage for professional errors and
omissions, in a combined single limit of not less than
$1,000,000.00 per person.
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
mail, postage prepaid, and addressed as follows:
CITY
CONSULTANT
Rachel Krasney, city Clerk
city of San Bernardino
300 North 'D' Street
San Bernardino, Ca 92418
The Counseling Team
225 West Hospitality Lane,
suite 100
San Bernardino, Ca 92408
17. Entire Aqreement.
This contract constitutes the entire Agreement between City
and Consultant and may be modified only by further written
agreement between the parties.
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April 2, 1992
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AGREfMENT BETWEEN THE CITY OF SAN BERNARDINO-AND ~HE COUNSELING
TEAM TO PERFORM COUNSELING SERVICES FOR THE EMPLOYEES OF SAID
CITY.
IN WITNESS WHEREOF, this agreement has been executed by the
parties effective as of the date and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
Municipal Corpora ~on of
the State of Ca
R~~s~rk
Approved as to form
and legal content:
JAMES F. PENMAN
City A orney
.'
,~~~
by:
April 2, 1992
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