HomeMy WebLinkAbout05.P- Human Resources 5.P
RESOLUTION (ID #3372) DOC ID: 3372
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Personnel
From: Helen Tran M/CC Meeting Date: 07/21/2014
Prepared by: Helen Tran, (909) 384-5161
Dept: Human Resources Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a Consultant Services Agreement Between the Counseling Team International and
the City of San Bernardino. (#3372)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Numbers: 678-110-0057-5502 ($36,000.00) & 678-110-0057-5505 ($6,500.00)
Total Amount Not to Exceed: $42,500.00
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On September 1, 2006, the Mayor and Common Council authorized execution of an agreement
with The Counseling Team International to provide employee assistance and pre-employment
evaluations for a term of two years with the option to extend for one year by the City(Resolution
No. 2006-297).
Background:
The City has historically provided an Employee Assistance Program(EAP) through an outside
professional services agreement. These services include a wide variety of critical incident
debriefing,pre-treatment and counseling services upon request to all City employees and
members of their family that reside in the same household and are dependent upon the employee.
The City?s EAP is a tremendous resource to all the City employees. Time and again these
services are utilized by employees confronted with exceptional issues often so served they
compromise not only the work produce but the individual quality of life.
It has been seven(7)years since these services have been formally requested and on June 6,
2014, the City of San Bernardino Human Resources Department invited Proposals from qualified
vendors capable of providing the needed employee assistance services. The request for
Qualification with quoted amounts yielded four(4) qualified responses. The below chart
illustrates the results of the request for qualification with quoted amounts:
Firm Firm Address Amount
The Counseling Team International San Bernardino, CA $36,000
Ceridian HCM Inc Minneapolis, MN $38,040
The Holman Group Northridge, CA $44,520
Updated: 7/15/2014 by Helen Tran Packet Pg. 345
3372
Empathia Pacific Inc. Agoura Hill, CA $41,400
Staff is recommending The Counseling Team International for several highly qualified reasons.
The quoted amount is nearly$2,000 under the closest competition; the Counseling Team
International is a local firm and has had a long lasting professional relationship with the City,
one that has repeatedly delivered exceptional services to our employees. In addition to the
standard employee assistance services, staff has included an additional contract amount to
include employee evaluation services at an annual amount of$6,500.00. This brings the total
amount of this contract to $42,500.00
The EAP provides for employees and their families who are experiencing problems, which affect
job performance and overall well-being. The primary goal and approach helps an employee and
their family members address an array of life challenges before they become distractions that
affect home life as well as work performance. In helping individuals address personal life issues,
the EAP will help the City stay ahead. These problems can include,but are not limited to:
* Mental, family and relationship conflicts
* Alcohol and/or substance abuse
* Co-dependency issues
* Financial/budgeting issues
* Stress,behavioral, or emotional problems
* Child and elder care issues
This program has a great track record, and is substantiated by real testimony. The positive
impacts are significant on the various life effects on our first responders and the program is
designed to provide both a wide spectrum of services for all City employees and specific services
for police, firefighters, emergency personnel and other first responders. The EAP is
comprehensive and can address common workplace issues faced by all employees and their
families. Similar to the previous EAP scope of work psychological counseling services shall
include the following:
* Conduct a Preliminary Evaluation
* Provide Counseling Services
* Provide follow-up of employee and/or family members under treatment
* Provide consultations with supervisors regarding problem employees
* Provide information regarding all aspects of the EAP
* Provide supervisory training relative to EAP
* Conduct educational seminars and briefings for management on services provided in the EAP
* Assist the City in development of policies and procedures for EAP
* Assist the City in introducing the EAP to the City employees
* Provide Critical Incident intervention services
* Provide referral of employees to substance abuse programs
* Provide Substance Abuse Professional Services
City Attorney Review:
Supporting Documents:
reso 3372 (PDF)
Updated: 7/15/2014 by Helen Tran Packet Pg. 346
3372
agrmt 3372 (PDF)
Updated: 7/15/2014 by Helen Tran Packet Pg. 347
S.P.a
RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT SERVICES
3 AGREEMENT BETWEEN THE COUNSELING TEAM INTERNATIONAL AND THE
CITY OF SAN BERNARDINO.
4
5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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7 SECTION 1. The City Manager is hereby authorized and directed to execute E
8 the Consultant Services Agreement between the City of San Bernardino and The a
9 a
Counseling Team international, Employee Assistance Program Services, a copy of w
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which is attached hereto marked Exhibit "A" and incorporated herein by reference 20
11 0-
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as fully as though set forth at length. 0.
13 SECTION 2. The Director of Finance is hereby authorized to issue an y
.,,,...- 14 amended Purchase Order to The Counseling Team International for Employee
15 Assistance Program Services for a total annual amount not to exceed $42,500.00 a
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with three (3) one-year options to extend. N
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18 SECTION 3. The authorization granted hereunder shall expire and be void
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19 and of no further effect if the Agreement is not executed by both parties and returned o
20 to the Office of the City Clerk within sixty (60) days following the effective date of this
21 Resolution. s
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24 III
25 Ill
26 III
27 Ill
28 III
Packet Pg.348
S.Pa
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT SERVICES
AGREEMENT BETWEEN THE COUNSELING TEAM INTERNATIONAL AND THE
3 CITY OF SAN BERNARDINO.
4 E HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a
6 meeting thereof, held on the day of
7
8 2014, by the following vote, to wit-
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9 Council Members: AYES NAYS ABSTAIN ABSENT a
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10 MARQUEZ
11 BARRIOS a
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VALDIVIA r
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SHORETT N
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15 NICKEL o
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16 JOHNSON w
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MULVIHILL M
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Georgeann Hanna, City Clerk =
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The foregoing Resolution is hereby approved this day of
22 2014. a
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R. Carey Davis, Mayor
25 City of San Bernardino
26 Approved as to form:
Gary D. Saenz, City Attorney
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28 B �it.� �'Gr
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5.P.b
Exhibit "A"
CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
THE COUNSELING TEAM INTERNATIONAL
This Consultant Service Agreement (this "Agreement") is made and entered into this
day of July, 2014 ("Effective Date") by and between the City of San Bernardino, a
Municipal Corporation and Charter City, (hereinafter referred to as the "City") and The
Counseling Team International, (hereinafter referred to as the "Consultant") (sometimes jointly
referred to herein as the "Parties").
WITNESSETH:
A. WHEREAS, The CITY of San Bernardino is in need of a Consultant to provide
general liability claims administrative services , and
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B. WHEREAS, it has been determined by the Human Resources Department that Q
Consultant represents that it has that degree of specialized expertise contemplated within n
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California Government Code, Section 37103, and holds all necessary licenses to practice and w
perform the services herein contemplated; and E
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C. WHEREAS, CONSULTANT is competent, experienced and able to perform said °
responsible services; and
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D. WHEREAS, CONSULTANT will provide the most advantageous and responsible N
services; N
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NOW THEREFORE, in consideration of mutual covenants contained in this Agreement d
and the mutual benefits to be derived there from, the parties agree as follows: o
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1. TERM. w
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This agreement shall be in full force and effect from the effective date of the term through M
June 30, 2015, with the option of three one year extensions.
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2. CONSULTANT RESPONSIBILITIES: M
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Consultant is responsible for performing the work as identified in Attachment "A", contained
herein. The Consultant commits the necessary principal personnel to the performance of
such services for the duration of this Agreement.
3. CITY RESPONSIBILITIES m
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The City shall provide, in a reasonable timely fashion, the Consultant with any
documentation, records, reports, statistics or other data or information pertinent to the
provision of services, which are reasonably available to the City. The City will provide a
contact person to assist in the timely resolution of any issues that may arise.
4. CONFIDENTIALITY OF REPORTS
The Consultant shall keep confidential all reports, information and data received, prepared
or assembled pursuant to performance hereunder. Such information shall not be made
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5.P.b
Exhibit "A"
available to any person, news release, firm, corporation, or entity without prior written
consent of the City or as otherwise required by law.
5. COMPENSATION
The compensation for Employee Assistance Program for the City of San Bernardino will not
exceed the annual amount of $42,500.00. This fee is inclusive of all professional fees and
expenses. City shall pay Consultant a sum not to exceed three thousand dollars and no
cents ($3,000.00) per month plus employee evaluation fees not to exceed $6,500.00
(annually) commencing July 1, 2014. Consultant shall submit an invoice for services
rendered, which coincides with the monthly service reports.
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 Department
and Successor Agency employees and their families. If Consultant needs to refer any
individuals covered under this Agreement to another professional individual or agency, the a
cost incurred for such other professional service shall be solely the responsibility of the a
individual employee; City shall have no liability thereafter. Every effort will be made to refer w
employees to free services or agencies providing services covered by available insurance, E
or those agencies that operate on an ability-to-pay basis.
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6, NONDISCRIMINATION; MONITORING AND REPORTING WORK PERFORMANCE.d
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In the performance of this Agreement and in the hiring and recruitment of employees,
Consultant shall not engage in, nor permit its officers, employees or agents to engage in, N
discrimination in employment of persons because of their race, religion, color, national Q
origin, ancestry, age, mental or physical disability, genetic information, medical condition, a
marital status, sexual gender or sexual orientation, or any other status protected by law. 0
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7. CONFLICT OF INTEREST w
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The Consultant shall maintain a code or standard of conduct. The Consultant shall neither M
solicit nor accept gratuities, favors, or anything of monetary value for work completed under N
the Scope of Services. To the extent permissible by state laws, rules and regulations, the M
standards adopted by the Consultant shall provide for penalties, sanctions, or other
disciplinary actions to be applied for violations of such standards by the Consultant. E
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8. INDEPENDENT CONTRACTOR
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The Parties intend that the relationship between them created under the Agreement is that
of an independent contractor only. The Consultant shall perform each element of the work
set forth in the Scope of Services as an independent contractor and shall not be considered Q
an employee of the City. This Agreement is by and between the Consultant and the City,
and is not intended, and shall not be construed, to create the relationship of agent, servant,
employee, partnership, joint venture or association, between the City and the Consultant.
The City is interested only in the results obtained under the Agreement; unless otherwise
indicated and under unusual circumstances, the manner and means of performing the
services are subject to the Consultant's sole control. The Consultant shall have no right or
authority to bind or commit the City. The Consultant shall not be entitled to any benefits,
including, without limitation, worker's compensation, disability insurance, vacation or sick
pay. The Consultant shall be responsible for providing at its expense, and in its name,
disability, worker's compensation or other insurance.
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S.P.b
Exhibit "A"
C The Consultant assumes full and sole responsibility for, and shall therefore p Y a , an and all
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federal and state income taxes, Social Security, estimated taxes, unemployment taxes, and
any other taxes incurred as result of the compensation set forth herein. The Consultant
agrees further to provide the City with proof of payment upon reasonable demand. The
Consultant holds the City harmless from and against any and all claims, demands, losses,
costs, fees, liabilities, taxes, penalties, damages or injuries suffered by the City (including,
but not limited to, attorney fees and court costs, whether or not litigation is commenced)
arising out of the failure of the Consultant to comply with this provision. Further, this right
indemnification shall apply to any and all claims, demands, losses, costs, fees, liabilities,
taxes, penalties, damages and injuries suffered by the City as a result of the classification of
the Consultant as independent contractor under this Agreement.
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9. RECORDS E
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The Consultant shall keep full and accurate records of all consulting work performed under a
this Agreement. All records, content, sketches, drawings, prints, computations, charts, a
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reports and other documentation made in the course of the consulting work performed w
hereunder, or in anticipation of the consulting work to be performed in regard to this E
Agreement, shall at all times be and remain the sole property of the City and the Consultant a,
shall turn over to the City all copies of the Work Records within seven (7) calendar days °
after a written request by City. a
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10. BUSINESS LICENSEMN Y
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Consultant shall obtain a San Bernardino business license and provide the City with a
evidence that its license has been obtained on or before receipt of payment hereunder. The d
Consultant agrees to keep said license current and valid throughout the term of this o
Agreement. E
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Consultant shall obtain a state and federal taxpayer identification number and shall provide
evidence to the City that this number has been obtained. M
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11. RIGHT TO OBTAIN OTHER CONTRACTURAL ARRANGEMENTS.ti
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The Consultant at any time has the right: (a) accept employment or other association with E
any person, city or company in the United States of America or any Territory thereof, or
through media reasonably accessible by persons in the United States of America or any
Territory thereof, or (b) in the United States of America or any Territory thereof, or through
media reasonably accessible by Persons in the United States of America or any Territory
thereof, engage in activities, projects or services similar in nature or those
competitive with h �
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of the City, limited only by the confidential information described in Section 4
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employed by, associate with or otherwise engage any entity anywhere in the world. The
City acknowledges that the provisions of this Section 12 are reasonable in light of the
legitimate business needs of the City.
12. SUCCESSOR AND ASSIGNMENT.
The services as contained herein are to be rendered by the Consultant whose name is as appears first above written and said Consultant shall not assign nor transfer any interest in
this Agreement without the prior written consent of the City.
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S.P.b
Exhibit "A"
13. INDEMNIFICATION.
The Consultant agrees to indemnify, defend and hold harmless the City of San Bernardino
("City"), its agents, officers and employees from and against all liability, expense, including
defense costs and legal fees, and claims for damages of any nature whatsoever, including,
but not limited to, bodily injury, death, personal injury or property damage arising out of this
Agreement from the Consultant's or the Consultant's employees or agents negligence,
errors or omissions connected with the services performed by or on behalf of the Consultant
pursuant to this Agreement. The costs, salary and expenses of the City Attorney and
members of his office in enforcing this Agreement on behalf of the CITY shall be considered
as "attorneys' fees" for the purposes of this paragraph. The Consultant agrees to obtain a
policy of insurance in the minimum amount of $1,000,000.00 (one million dollars) to cover
any and all claims. The Consultant shall provide the City with evidence that the necessary
liability insurance has been obtained, and that the Agency has been named as an additional a
insured on said policy by the Effective Date hereof.
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14. LIMITATION OF LIABILITY a
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In no event shall Consultant be liable for indirect, special, incidental, economic, E
consequential or punitive damages, including but not limited to lost revenue, lost profits, M,
replacement goods, loss of technology rights or services, loss of data, or interruption or loss a
of use of software or any portion thereof regardless of the legal theory under which such
damages are sought even if Consultant has been advised of the likelihood of such =
damages, and notwithstanding any failure of essential purpose of any limited remedy. w
Any claim by the City against Consultant relating to this Agreement must be made in writing Q
and presented to Consultant within one (1) year after the date on which Consultant
completes performance of the services specified in this Agreement or (1) year from the date o
the City discovers or reasonably should discover the existence of the claim. E
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15. MODIFICATION.
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This Agreement may be supplemented, amended, or modified only by the mutual agreement
of the Parties. No supplement, amendment, or modification of this Agreement shall be M
binding unless it is in writing and signed by both parties. M
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16. CHOICE OF LAW.
This Agreement, and any dispute arising from the relationship between the parties to this
Agreement, shall be governed by California law, excluding any laws that direct the U
application of another jurisdiction's laws. o
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17. COMPLIANCE WITH LAWSNENUE
The parties agree to be bound by applicable federal, state, and local laws, regulations and
directives as they pertain to the performance of this Agreement.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
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S.P.b
Exhibit "A"
18. SEVERABILILTY
In the event that any provision herein contained is held to be invalid, void or illegal by any
court of competent jurisdiction, the same shall be deemed severable from the remainder of
this Agreement and shall in no way affect, impair, or invalidate any other provision contained
herein. If any such provision shall be deemed invalid due to its scope of breadth, such
provision shall be deemed valid to the extent of the scope of breadth permitted by law.
19. INTERPRETATION
No provision of this Agreement is to be interpreted for or against either party because that
party or that party's legal representative drafted such provision, but this Agreement is to be
construed as if it were drafted by both parties hereto.
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20. WAIVER a
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No waiver of a breach, failure of any condition, or any right or remedy contained in or w
granted by the provisions of this Agreement shall be effective unless it is in writing and E
signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach,
failure, right, or remedy, shall be deemed a waiver of any other breach, failure, right or °
remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless
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the writing so specifies.
21. NOTICE N
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Notices herein shall be presented in person or by certified or registered United States mail,
as follows: o
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To the Consultant: The Counseling Team International M
1881 Business Center Drive, Suite 11&12
San Bernardino, CA 92402 M
Attn: Julie Koot, CFO M
Phone: (909) 884 0133 x 225 E
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To the City: City of San Bernardino
Human Resources Department
300 North D Street c
San Bernardino, CA 92418 a
Attn: Helen Tran
Phone: (909) 384-5161
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
service.
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5,P.b
Exhibit "A"
22. ENTIRE AGREEMENT
This Agreement, with Attachment "A", constitutes the final, complete and exclusive
statement of the terms and the agreement between the parties pertaining to the
engagement of the Consultant by the City and the entire understanding of the parties and
supersedes all prior and contemporaneous understandings or agreements of the parties.
No party has been induced to enter into this Agreement by, no is any party relying on, any
representation or warranty outside those expressly set forth in this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first written above.
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CITY OF SAN BERNARDINO
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Dated: By: W
Allen Parker, City Manager E
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CONSULTANT L
The Counseling Team International
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Dated: By:
Julie Koot, CFO _o
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Approved as to Form: E
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Gary Saenz, City Attorney W
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Exhibit "A"
Attachment "A"
Scope of Work
Act as Substance Abuse Professional (SAP)
Employees may be referred to the Employee Assistance Program (EAP) by the City,
employee organization representatives, the employee or members of the employee's
family.
The vendor shall, in cases involving supervisory referrals, maintain that the supervisor
or person referring the employee be kept apprised of (provided the appropriate releases
of information have been signed by the employee): Q
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+ Whether the employee made and/or kept the EAP appointment, and
+ Whether the employee accepted or rejected the EAP's recommendation;
• The employee's progress and status.
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Vendor shall provide an EAP for employees and their families who are experiencing
problems, which affect job performance and overall well-being. These problems
include, but are not limited to:
• Mental, family and relationship conflicts
• Alcohol and/or substance abuse
• Co-dependency issues 0.
• Financial/budgeting issues
• Stress, behavioral, or emotional problems N
• Child and elder care issues
Service Hours
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Vendor services shall be available 24 hours per day, 7 days per week. After-hours a)
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phone calls shall be handled by a trained answering service. The answering services 1°
shall page counselors who are on-call. Counselor shall call employee back within 30
minutes of notification by answering service.
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Staffing a
Vendor shall maintain a sufficient professional staff, which meets all necessary
qualifications and licenses to provide all of the services listed in this proposal. The
majority of the vendor's counselors shall have special expertise and training in
assessing substance abuse cases.
Vendor shall maintain staff to support the multi-lingual needs of the City's population.
Packet Pg.356
Exhibit "A"
Family Members
For this proposal, the term family member shall include spouse; son, daughter, stepson,
stepdaughter, mother, father, mother-in-law, father-in-law, nephews, and nieces, if they
reside in the same household and are dependent upon the employee.
Requests for Service
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Upon request from any City employee or member of their family residing with the
employee, vendor shall conduct a preliminary evaluation and provide counseling
services and make appropriate referrals to mental health and /or substance abuse
programs. All requests for services shall be responded to within twenty-four (24) hours.
All emergency or life-threatening situations shall be responded to immediately. w
Vendor shall provide psychological counseling services program that shall include the
following: o
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• Conduct a Preliminary Evaluation
• Provide Counseling Services
• Provide follow-up of employee and/or family members under treatment N
• Provide consultations with supervisors regarding problem employees
• Provide information regarding all aspects of the EAP o
• Provide supervisory training relative to EAP
• Conduct educational seminars and briefings for management on services provided w
in the Employee Assistance Program
• Conduct educational seminars on a variety of topics as agreed upon with City of San M
Bernardino Human Resources staff, six (6) times per fiscal year. N
• Assist the City in development of policies and procedures for EAP M
• Assist the City in introducing the EAP to the City employees
• Provide Critical Incident intervention services
• Provide referral of employees to substance abuse programs r
• Provide Substance Abuse Professional Services
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