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HomeMy WebLinkAbout2011-243 1 Resolution No. 2011-243 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S BERNARDINO APPROVING AMENDMENT NO.3 TO THE CONSULT 3 SERVICES AGREEMENT WITII THE COUNSELING TEAM INTERNATIONAL T 4 PROVIDE EMPWYEE ASSISTANCE SERVICES TO CITY EMPWYEES. 5 WHEREAS, the City of San Bernardino has an existing Agreement with The Counser 6 Team International to provide employee assistance services to City employees; and 7 WHEREAS, The Counseling Team International agreed to provide a five percen 8 reduction in the basic compensation to be paid under the Agreement in return for the Ci 9 10 considering an additional one-year contract extension; and 11 WHEREAS, the City wishes to extend the Agreement for one year; and 12 WHEREAS, the cosi for the one-year contract extension is $42,750.00; 13 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMO 14 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 15 16 SECTION 1: The City Manager of the City of San Bernardino is hereby authorized an 21 SECTION 2: The Purchasing Manager is authorized and directed to issue an ann 17 directed to execute Amendment No. 3 to the Consultant Services Agreement with 18 Counseling Team International to provide employee assislance services to City employees a\ 19 cosl of $42,750.00. A copy of said Amendment is attached hereto as Exhibit "A" 20 incorporated herein by reference. 22 Purchase Order in an amount not to exceed $42,750.00 for employee counseling servi 23 commencing on July 1,2011, referencing this Resolution. 24 25 2011-243 4 SECTION 3: The authorization to execute the above-referenced Amendment No.3 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S BERNARDINO APPROVING AMENDMENT NO.3 TO THE CONSULT 2 SERVICES AGREEMENT WITH THE COUNSELING TEAM INTERNATIONAL T PROVIDE EMPLOYEE ASSISTANCE SERVICES TO CITY EMPLOYEES. 3 5 Purchase Order is rescinded if the parties to the Amendment do no execute it within sixty (60 6 days of the passage of this Resolution. 7 1/1 8 1/1 9 10 III II 1/1 12 III 13 1/1 14 1/1 15 III 16 1/1 17 III 18 III 19 1/1 20 III 21 III 22 23 III 24 III 25 1/1 2011-243 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S BERNARDINO APPROVING AMENDMENT NO.3 TO THE CONSULT 2 SERVICES AGREEMENT WITH THE COUNSELING TEAM INTERNATIONAL T PROVIDE EMPLOYEE ASSISTANCE SERVICES TO CITY EMPLOYEES. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 3 5 theCornmonCounciloftheCityofSanBemardinoata joint regular meetingthereof,hel 6 on the 15th day of August ,2011, by the following vote, to wit: 7 8 COUNCILMEMBERS: 9 MARQUEZ JENKINS 10 BRINKER 11 SHORETI 12 KELLEY 13 JOHNSON MCCAMMACK 14 15 AYES NA YES ABSTAIN ABSENT x x X X X X X 16 P(1I>Ln..1 t! {U;L./h- Rachel G. ark, City Clerk i>!~~ 1hW~ /l-s<;1s(a1C, The foregoing resolution is hereby approved this /6 n day of 17 18 August .2011. 19 ~> . f San Bernardino 20 21 Approved as to form: JAMES F. PENMAN, 22 City Attorney 23 24 25 2011-243 I EXHIBIT "A" AMENDMENT NO.3 TO CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE COUNSELING TEAM INTERNATIONAL THIS AMENDMENT NO.3 TO CONSULTANT SERVICES AGREEMENT is made and entered into this _day of , 2011 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and THE COUNSELING TEAM INTERNATIONAL ("CONSULTANT"). A. WHEREAS, On August 16,2006, the CITY adopted Resolution No. 2006-297 approving a Consultant Services Agreement with The Counseling Team International to provide employee assistance services to City employees; and B. WHEREAS, the Consultant Services Agreement between the CITY and CONSULTANT was for a term of two years, with the option of a one-year extension, which expired on August 31, 2009; and C. WHEREAS, on April 22, 2009, CONSULTANT agreed to a five percent reduction of its basic compensation under the Consultant Services Agreement to help offset the CITY's budget deficit in exchange for a one-year extension of CONSULTANT's contract with CITY; and D. WHEREAS, on March 30, 2010, CONSULTANT agreed to continue its five percent reduction to its contractual fee over the course of the one-year contract extension; and E. WHEREAS, on July 21, 2011, CONSULTANT again agreed to continue its five percent reduction to its contractual fee over the course of the proposed one-year contract extension, which will result in ongoing savings of$2,250. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Section 3.1 "Term and Termination" is hereby amended as follows: 3.1. Term. The term of this agreement shall commence on the execution of this agreement by both parties and terminate on June 30, 2012, unless previously modified, amended, or cancelled by the mutual written consent ofthe parties. 2. Section 2.1 "Payment and Provision of Payment" is hereby amended as follows: 2.1 Payment and Provision for Payment. Basic compensation to be paid under this agreement shall be up to $42,750 annually for the term of this agreement. During the term of 2011-243 this agreement, CITY shall pay CONSULTANT a sum not to exceed three thousand five hundred and sixty two dollars and fifty cents ($3,562.50) per month, not to exceed $42,750 annually. CONSULTANT shall submit an invoice for services rendered, which coincides with its monthly reports as set forth in Section 2.3. Payments shall be made by CITY within thirty (30) days from the date of each invoice. Upon execution of this Agreement, pretreatment and counseling services shall be made available at no cost to all City of San Bernardino employees, including Water and EDA 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 thereafter. Every effort will be made to refer employees to free services or agencies providing services covered by available insurance, or those agencies that operate on an ability-to-pay basis. 3. All other provisions of the Consultant Services Agreement are reaffIrmed as originally stated. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement to be executed by and through their respective authorized offIcers, as of the date first above written. Date: Date: THE COUNSELING TEAM INTERNATIONAL By: Signature CITY OF SAN BERNARDINO, A municipal corporation Charles McNeely, City Manager Name and Title ATTEST: Rachel G. Clark, City Clerk APPROVED AS TO FORM: JAMES F. PENMAN, City Attorney By: 2011-243 AMENDMENT NO.3 TO CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE COUNSELING TEAM INTERNATIONAL THIS AMENDMENT NO.3 TO CONSULTANT SERVICES AGREEMENT is made and entered into this 15th day of August , 2011 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and THE COUNSELING TEAM INTERNATIONAL ("CONSULT ANT"). A. WHEREAS, On August 16, 2006, the CITY adopted Resolution No. 2006-297 approving a Consultant Services Agreement with The Counseling Team International to provide employee assistance services to City employees; and B. WHEREAS, the Consultant Services Agreement between the CiTY and CONSULTANT was for a term of two years, with the option of a one-year extension, which expired on August 31, 2009; and C. WHEREAS, on April 22, 2009, CONSULTANT agreed to a five percent reduction of its basic compensation under the Consultant Services Agreement to help offset the CITY's budget deficit in exchange for a one-year extension of CONSULTANT's contract with CITY; and D. WHEREAS, on March 30, 2010, CONSULTANT agreed to continue its five percent reduction to its contractual fee over the course ofthe one-year contract extension; and E. WHEREAS, on July 21,2011, CONSULTANT again agreed to continue its five percent reduction to its contractual fee over the course of the proposed one-year contract extension, which will result in ongoing savings of$2,250. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Section 3.1 "Term and Termination" is hereby amended as follows: 3.1. Term. The term of this agreement shall commence on the execution of this agreement by both parties and terminate on June 30, 2012, unless previously modified, amended, or cancelled by the mutual written consent of the parties. 2. Section 2.1 "Payment and Provision of Payment" is hereby amended as follows: 2.1 Payment and Provision for Payment. Basic compensation to be paid under this agreement shall be up to $42,750 annually for the term of this agreement. During the term of 2011-243 this agreement, CITY shall pay CONSULTANT a sum not to exceed three thousand five hundred and sixty two dollars and fifty cents ($3,562.50) per month, not to exceed $42,750 annually. CONSULTANT shall submit an invoice for services rendered, which coincides with its monthly reports as set forth in Section 2.3. Payments shall be made by CITY within thirty (30) days from the date of each invoice. Upon execution of this Agreement, pretreatment and counseling services shall be made available at no cost to all City of San Bernardino employees, including Water and EDA 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 thereafter. Every effort will be made to refer employees to free services or agencies providing services covered by available insurance, or those agencies that operate on an ability-to-pay basis. 3. All other provisions of the Consultant Services Agreement are reaffirmed as originally stated. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement to be executed by and through their respective authorized officers, as of the date first above Date: '-i._ 0~11 ger B. II ~. h_~ Rac I G. Clark, City Clerk APPROVED AS TO FORM: JAMES F. PENMAN, City Attorney