HomeMy WebLinkAbout1988-335
~'
~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO.
88-335
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE COUNSELING
TEAM FOR PROVIDING AN EMPLOYEE ASSISTANCE PROGRAM FOR CITY
EMPLOYEES.
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 for and on behalf of
said City an Agreement with The Counseling Team for providing
employee assistance program services to City employees. A copy
of said Agreement which incorporates The Counseling Team's
proposal, is attached hereto as Exhibit "A" and incorporated
herein by reference as though fully set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at am
regular
meeting thereof, held on
the 6th
day of
, 1988, by the following
September
vote, to wit:
AYES:
Council Members Flores. Maudsley Minor
Pope-Ludlam. Miller
NAYS:
None
ABSENT:
Council Members Estrada. Reilly
,~ZV~1h
./ Ci ty Cler
The foregoing resolution is hereby approved this
/' t/../
f
day
of September
APPROVED AS TO FORM & LEGAL
C01')TENT . /)
~9./~
&ty Attorney
of San Bernardin
..
AGREEMENT
(COUNSELING SERVICES)
This agreement is made and entered into this 1st day of July, 1988,
between the City of San Bernardino a municipal corporation,
(hereinafter called "City") 300 North "D" Street, San Bernardino,
California and The Counseling Team, (hereinafter call "Consultant")
1881 Commercenter East, Suite 100, San Bernardino, California.
The parties agree as follows:
1. Scope of Work. Consultant hereby agrees to perform the
following services:
A. Conduct a preliminary evaluation and provide counseling
services upon request to any City employees and members of their
family residing with the employee. "City employees" shall include
employees of the Redevelopment Agency of the City of San Bernardino
and the Water Department 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 the employee.
B. Provide follow-up of said employees and/or their
family members under treatment.
C. Provide consultations with supervisors regarding problem
employees and/or any aspect of the Employee Assistance Program.
D. Provide supervisory training relative to Employee
Assistance Program referral procedures.
E. Conduct education seminars and briefings for all..levels
of management concerning services provided by the Employee
Assistance Program.
F. Assist management in development of policies and
procedures for Employee Assistance Program.
G. Assist management in introducing the Employee Assistance
Program to aforementioned employees.
'.
2. Independent Contractor Status. Under this agreement,
Consultant and any of its employees shall act as an independent
contractor, and not as an employee of City. In the performance of
consulting 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 conditions
of this agreement. Any direction or control so required under this
agreement shall be limited to broad objectives or goals of the c
project or program to be accomplished and not to the details and
procedures to accomplish such objectives or goals. 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.
3. Compensation. The total yearly cost to the City for this
program shall not exceed $30,240.00. City shall pay Consultant a
sum not to exceed $2,520.00 per month commencing July 1, 1988.
Consultant shall submit an invoice for services rendered which coincides
with its monthly reports as set forth in paragraph 7. 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. Term. This agreement shall commence on July 1, 1988 and
terminate June 30, 1989.
~
5. Option to Extend. Upon expriation of the term hereof, City
shall have the option to extend this agreement for one year period'
upon the same terms and conditions.
6. Termination. City may terminate this agreement without cause
by giving sixty (60) days' written notice to Consultant.
7. Reports by Consultant. Consultant shall submit to City monthly
reports coincident 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. Make reference to this agreement or otherwise identify
the report(s) in such a manner as the City may reasonably require.
C. Provide numerical usage reports quarterly to the City for
the purpose of evaluating the effectiveness of the Employee
Assistance Program.
8. Confidentiality 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 reulations 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 of 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 supervisor or other City official.
9. Non-Assignable. This agreement is one for professional
services and is not assignable by Consultant without the prior written
consent of City.
10. Consultant to Hold Harmless. Consultant shall hold City,
its elective and appointive boards, commissions, officers, agents and
employees harmless from any liability for damage or claims for damage
for personal injury, including death, as well as from claims for
property damage which may arise from Consultant's operations under
this agreement, whether such operations be by Consultant or by any
one or more persons employed by or acting as agent for Consultant.
Consultant shall defend City and its elective and appointive boards,
commissions, officers, agents and employees from any suits or
actions at law or in equity for damages caused, or alleged to have
been caused by reason of any of the aforesaid operations.
11. 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
if this agreement.
B. Professional Liability Insurance. Professional liability
insurance covering the professional services provided by Consultant,
including coverage for professional errors and omissions, in a combined
single limit of not less than $1,000,000.00 per person.
. .
AGREEMENT (Counseling Services)
12. Bilingual Interpreter. Consultant shall provide an English/
Spanish bilingual interpreter as needed, with an English/Spanish
bilingual counselor being preferred.
13. Changes. Should City requre changes in the scope of the
services of Consultant to be performed hereunder, such changes,
including any corresponding increase or decrease in the amount of
Consultant's compensation which shall be mutually agreeed upon by City
and Consultant, shall be incorporated in this agreement only by
written amendments hereto.
14. Consultant's Proposal. A copy of Consultant's proposal is
marked Exhibit "I", attached hereto and incorporated by reference
as though fully set forth herein. If any conflict arises between this
agreement and the proposal, the provisions of this agreement shall
govern.
15. Entire Agreement. This agreement represents the entire
agreement between the parties, and supersedes all previous agreements
and understandings either written or oral.
IN WITNESS WHEREOF, the parties have executed this agreement on
the day and year first above written.
~~~
.'
ATTEST:
City Clerk
APPROVED AS TO FORM & LEGAL CONTENT THE COUNSELING TEAM
~3'~
(fy Attorney
Team