HomeMy WebLinkAbout37-Human Resources
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date:
May 30, 2006
Subject: RESOLUTION OF THE CITY
OF SAN BERNARDINO
AUTHORIZING AN AGREEMENT
WITH PACIFICARE BEHAVIORAL
HEALTH AND RESOLUTION OF THE
CITY OF SAN BERNARDINO
AUTHORIZING AN AGREEMENT
WITH THE COUNSELING TEAM
INTERNATIONAL FOR SWORN
POLICE AND FIRE SUPPRESSION
EMPLOYEES.
MICC Meeting Date: JUNE 5, 2006
From:
Linn Livingston
Dept:
Human Resources
Synopsis of Previous Council Action:
On May 15, 2006, the Mayor and Common Council approved the continuation of items
#24 and #25 for Employee Assistance Program (EAP) services with PacifiCare and the
Counseling Team.
Recommended Motion:
That said matter be referred to Personnel Committee.
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/I! 1/1/v---- (lieu. )
Signature ~
Contact person:
Linn Livinaston
Phone:
384-5161
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS: Amount:
No cost
Source: (Acct. No.)
678-452-5502
(Acct. Description) Professional Contract Services
Finance:
Council Notes:
Agenda Item No. -))6 Y .21,
&/sjO(P
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the City of San Bernardino authorizing an agreement with PacifiCare Behavioral
Health and Resolution of the City of San Bernardino authorizing an agreement with The
Counseling Team International for sworn Police and Fire Suppression employees.
Background:
The Human Resources Department is recommending that both items (PacifiCare Behavioral
Health and The Counseling Team International) for Employee Assistance Program (EAP)
Services be referred to the Personnel Committee for review and recommendations.
Referring the items to Personnel Committee will allow an opportunity to answer questions and
review the proposed benefits. With Committee consent both items will be re-submitted for the
Mayor and Common Council approval.
Financial Impact:
No cost to refer this item to Personnel Committee
Recommendation:
Request authorization to refer resolutions for EAP services to The Personnel Committee for
reVIew,
HRlAgenda Items:SR.EAP.ReferraI.6-5-06
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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept:
Human Resources
Subject: RESOLUTION OF THE CITY
OF SAN BERNARDINO
AUTHORIZING AN AGREEMENT
WITH THE COUNSELING TEAM
INTERNATIONAL FOR SWORN
EMPLOYEES.
MICC Meeting Date: MAY 15,2006
From:
Linn Livingston
Date:
May 9, 2006
Synopsis of Previous Council Action:
On August 8,2002, the Mayor and Common Council adopted Resolution No. 2002-257,
a resolution of the City of San Bernardino awarding a service agreement and an annual
purchase order in an amount not to exceed $50,000.
Recommended Motion:
Adopt Resolution.
~ c1WVu;ru
Signature
Contact person:
Linn Livinaston
Phone:
384-5161
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS: Amount:FY 2005-06 $25,000 FY 2006-07 $12,000
Source: (Acct. No.) 678-452-5502
(Acct. Description) Professional Contract Services
Finance:
Council Notes:
(?~ S jt5:jOh/ ::#-:l~
Agenda Item No. ~
S)JS}()(P
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the City of San Bernardino awarding a service agreement to The Counseling Team International
for sworn Police employees.
Background:
The Counseling Team International (TCTI) has provided an Employee Assistance Program (EAP) to Police
Department employees for many years. Over the long term relationship The Counseling Team International has
responded in a professional and timely manner and has earned the trust and respect of the Police Sworn
employees. The Police Department would like to continue EAP services with The Counseling Team
International.
The Counseling Team International will provide EAP services for all Police Sworn employees (approximately
300). Services will include Critical Incident Intervention, counseling sessions, training, and conflict resolution.
The EAP services will be offered to employees as listed above in addition to their household dependents.
The Police Department's primary usage ofTCTI usually follows a critical incident. The Counseling Team
International's specialty is in providing counseling services for incidents common to a Police Department. Due
to the history between the City of San Bernardino employees and TCTI' the cost to provide services reflects a
slightly higher price point. The cost to the City for EAP services for sworn employees is $12,000 per fiscal year.
The Counseling Team International has continued to provide service to City employees during the bidding and
selection process of an EAP vendor. Human Resources will need $25,000 to finalize the period of services for
July 1,2005 through May 31, 2006.
Financial Impact:
The cost for FY 2005/06 is approximately $25,000 and for FY 2006/07 $12,000. All expenses are included in
the Risk Management budget in Account No. 678-452-5502 (Professional Contractual Services).
Recommendation:
Adopt Resolution for The Counseling Team International.
HR/Agenda Items:SR.tct.eap.2006
Resolution No
COpy
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RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SERVIC
AGREEMENT, WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO THE COUNSELIN
TEAM INTERNATIONAL, IN AN AMOUNT NOT TO EXCEED $12,000.
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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 I. The Mayor of the City of San Bernardino is hereby authorized an
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directed to execute on behalf of said City an Agreement with The Counseling Team Internationa
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for Employee Counseling Services to sworn Police Department employees. The Director 0
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Finance is authorized to issue an Annual Purchase Order, with two single year renewal options
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to The Counseling Team International, in an amount not to exceed twelve thousand dollar
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($12,000) for such employee counseling services, commencing on June 1,2006.
13 SECTION 2. The authorization to execute the above-referenced Agreement an
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Purchase Order is rescinded if the parties to the Agreement fail to execute it within sixty (60
IS days of the passage of this resolution.
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III
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RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SERVIC
AGREEMENT IN AN AMOUNT NOT TO EXCEED $12,000 TO THE COUNSELING TE
INTERNATIONAL.
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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
meeting thereof, hel
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, 2006, by the following vote, to wit:
day of
on the
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AYES
NA YES
ABSTAIN
ABSENT
COUNCILMEMBERS:
ESTRADA
BAXTER
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
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Rachel G. Clark, City Clerk
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The foregoing resolution IS hereby approved this
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,2006.
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Patrick Morris, Mayor
City of San Bernardino
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Approved as to form and
Legal content:
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JAMES F. PENMAN,
City Attorney
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day 0
AGREEMENT
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THIS AGREEMENT is made and entered into this I st day of June 2006, by and betwee
the CITY OF SAN BERNARDINO, a municipal corporation, 300 North D Street, S
Bernardino, California, 92418, (herein referred to as "City"), and The Counseling Tea
International (herein referred to as "Consultant"), 1881 Business Center Drive, Suite
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,
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.
2. Term
The term of this agreement shall commence on execution of this agreement by bot
parties. The anticipated term of the agreement is twenty-four (24) months commencing June 1
2006, 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.
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Payment and Provision for Payment
A.
Maximum Compensation
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Basic compensation to be paid under this agreement shall be $12,000 annually
City shall pay Consultant a sum not to exceed one thousand ($1,000) per month commencin
June 1, 2006, and ending May 31, 2008. Consultant shall submit an invoice for service
rendered, which coincides with its monthly reports as set forth in Section 5. Payment shall b
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made by City within thirty (30) days from the date of each invoice. Upon execution of thi
agreement, pretreatment and counseling services shall be made available at no cost to City Po lie
sworn employees and their families. If Consultant needs to refer any individuals covered unde
this 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 sworn Police employees of the City of San Bernardino. "Members of the family'
shall include spouse; son; daughter; stepson; stepdaughter; mother; father; mother-in-law; father
in-law; nephews; and, nieces, if residing in the same household and dependent upon th
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.
Provide follow-up of said employees and/or their family members unde
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C.
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treatment.
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Provide consultations with supervisors regarding problem employees and/or an
aspect of the Employee Assistance Program.
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E. Provide supervisory training relative to Employee Assistance Program referra
procedures.
F. Conduct education sem10ars and briefings for all levels of managemen
concerning services provided by the Employee Assistance Program.
G. Conduct educational workshops on a variety of topics as stated by Th
Counseling Team International to all employees covered under the terms of this contract. Th
annual fee covers unlimited hours for on-site orientation, supervisory training program
(quarterly), crisis intervention, critical incident on-site intervention, and brown bag seminars.
H. Assist City management in development of policies and procedures for Employe
Assistance Program.
I. Assist City management 10 introducing the Employee Assistance Program t
aforementioned employees.
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Provide Critical Incident Intervention services for the City.
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; and (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.
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Amendments
This agreement may be amended or modified only by written agreement executed b
both parties.
6.
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
details and procedures to accomplish such objectives 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 by writte
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, elected officials, officers, attorneys, agents and employees, harmless from an
liability for damage or claim for damage for personal injury, including death, as well as fro
Consultant's operations under this agreement. Consultant agrees to and shall defend City and it
elective and appointive boards, commissions, elected officials, officers, agents and employee
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from any suit or actions at law or in equity for damages caused or alleged to have been caused b
any reasons of Consultant's performance hereunder including any claims that may arise agains
City by reasons of Consultant's legal relationship with City being categorized as other than tha
of an independent contractor.
10. Attorney'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
hislher office in enforcing this agreement on behalf of the City shall be considered attorney'
fees for purposes ofthis 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
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. Accentance 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
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from all claims and liabilities to Consultant for anything done or furnished for 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
and federal and state laws and regulations. Consultant shall maintain in good order a fire an
burglar alarm system to protect its records. Consultant will not reveal to any person or entity
except 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 a
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 as an additional insured by endorsement. This Certificate of Insuranc
,._._..._____~.~_._~__~.___.~__'m_~"_._., ."-,,....__.___~~_~....~...~.._..""'
shall not be terminated or materially altered without ten (l0) days advance written notice to th
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City of San Bernardino. The insurance shall consist of the following: (a) Workers'
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Compensation. Consultant shall provide proof of Workers' Compensation insurance coverage fo
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all of its employees pursuant to this agreement. Evidence of such insurance shall be furnished t
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City's Risk Management Division prior to commencement of this agreement; and (b) Genera
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Liability Insurance and Professional Liability Insurance covering the professional service
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provided by Consultant, including coverage for errors and omissions, with a combined singl
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limit of not less than one million dollars ($1,000,000) per occurrence, two million dollar
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($2,000,000) aggregate.
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Bilingual Interpreter
12 Consultant shall provide an English/Spanish bilingual interpreter as needed, with
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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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The Counseling Team International
1881 Business Center Drive, Suite 11
San Bernardino, CA 92408
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Linnea Livingston
Director of Human Resources
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
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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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18. Conflict of Interest
A. The City or its employees may be subject to the provisions of the Californi
Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financia
interests that may be materially affected by the work performed under this Agreement, and (2
prohibits such persons from making or participating in making decisions that will foreseeabl
financially affect such interest.
B. The City shall conform to all requirements of the Act. Failure to do so constitute
a material breach and is grounds for termination of the Agreement by Consultant.
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 a
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of the date and year first above written.
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ATTEST:
CITY OF SAN BERNARDINO
Municipal Corporation of
State of California
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Rachel Clark, City Clerk
Patrick Morris, Mayor
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CONSULTANT:
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15 Approved as to form
And legal content:
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JAMES F. PENMAN
17 City Attorney
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22 HRJAgenda Items:Reso.CTT
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By:
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