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CITY CF SAN BER.....RDIN~EQUEST h)R COUNCIL ACTION
From: James E. Robbins,
Deputy City Administrator
Dept: City Administrator
Subject: Agreement with the Counseling Team
to provide counseling services for
City employees.
Date: December 8, 1989
Synopsis of Previous Council action:
Adopted Resolution #88-335.
Recommended motion:
Adopt Resolution.
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Signature .
Contact person:
James E. Robbins
Phone:
5122
Supporting data attached:
Yes WMd:
FUNDING REQUIREMENTS:
Amount: $51,300.00
Source: (Acct. No.)
001-111-53150 (over 18 months)
Acct. Oescri tion Professional
Finance:
Council Notes:
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CITY OF SAN BERttMRDINO - REQUEST '"OR COUNCIL ACTION
STAFF REPORT
Over the past two years, the City has had a contractual
relationship with the Counseling Team to provide
psychological counseling and support services. This program,
initiated by our City Nurse in Risk Management, has been part
of preventive, pro-active health service to the employees of
the City. The program has now expanded to include crisis
intervention and stress reduction efforts.
Employees have used the service in increasing
wide variety of reasons ranging from suicide
counseling and family issues to substance abuse.
the use is about 50 to 55 hours per month.
numbers for a
to financial
Currently,
The proposed agreement is for eighteen months and is
fourteen percent higher than the rate of two years ago. Other
terms remain the same, such as having an interpreter,
maintaining confidentiality, timely reports and emergency
call-out.
It is recommended that you adopt the resolution authorizing
entering into agreement.
FILED: COUNSELING/TEAM
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RESOLUTION NO.
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RESOLUTION OF THE
EXECUTION OF AN AGREEMENT
COUNSELING SERVICES FOR
BERNARDINO.
CITY OF SAN BERNARDINO AUTHORIZING THE
WITH THE COUNSELING TEAM TO PERFORM
THE EMPLOYEES OF THE CITY OF SAN
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
6 hereby authorized and directed to execute on behalf of said city
7 an agreement with The Counseling Team to perform counseling
8 services for the employees of the City of San Bernardino, a copy
9 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.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
1990, by the
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following vote, to wit:
AYES: Council Members
NAYS:
ABSENT:
city Clerk
12/21/89
RESOLUTION APPROVING AGREEMENT WITH COUNSELING TEAM.
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The foregoing resolution is hereby approved this
day of
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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1990.
w. R. Holcomb, Mayor
city of San Bernardino
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A G R E E HEN T
THIS AGREEMENT is made and entered into this day
of , 1990, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, 300 North "0" Street, San
Bernardino, California 92418, (herein referred to as "city"),
and The Counseling Team (herein referred to as "Consultant")
1881 Commercenter East, 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 describ-
ed for the compensation herein provided. Consultant hereby
assures and convenants to City that they have the qualifi-
cations, 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 eighteen (18) months ending June 30, 1990. 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
(1) Basic compensation to be paid under this
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agreement shdll be fifty one thousanu, three hundred dollars
($51,300) 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 January 1, 1990. 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 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. A request for services shall be responded to within
24 hours. ~n emergency or life-threatening situation shall be
responded to immediately.
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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
10 Employee Assistance Program.
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G. Assist management in development of policies and
procedures for Employee Assistance Program.
H. Assist management in introducing the Employee
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I. Provide Critical Incident Intervention services for
16 the City. The first fifteen hours of intervention work will be
17 included in the basic annual cost shown in section 3. Additional
18 intervention work will be billed at $100.00 per hour.
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5. Reports bv Consultant
Consultant shall submit to City monthly reports with its
21 bill for services.
Such report shall: (a) accurately describe
22 in general terms services provided during the contract period,
23 but with no individually identifiable information, referable to
24 any individual client.
Such report shall be provided only for
25 audit purposes. (b) provide numerical usage reports to the City
26 for the purpose of evaluating the effectiveness of the Employee
27 Assistance Program.
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6. Amendments
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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
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pursuant to
the
provisions of this agreement,
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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
15 control so required under this agreement shall be limited to
16 broad objectives or goals of the project or program to be
17 accomplished and not to the details and procedures to accomplish
18 such objectives or goals. Consultant shall not be obligated to
19 conform to the supervision or direction of City officers or
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herein.
Changes or
employees
which are not authorized
21 modifications of said objectives and goals may be made by
22 written recommendations of either
subject
to the
party
23 concurrence of the other party in writing.
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9. Hold Harmless.
Consultant hereby agrees to, and shall, hold city, its
,
elective and appointive boards, commissions,
officers, agents
27 and employees, harmless from any liability for damage or claim
28 for damage for personal injury, including death, as well as from
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Consultant'~ operations under this agre~lnent. 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. Attorney'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 bY city.
Notwithstanding any other provision of this agreement,
the City, by notifying Consultant 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 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
city. 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.
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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. 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-
IS 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
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her by a su~~rvisor or other city offiL_al.
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
13 professional services provided by Consultant, including coverage
14 for professional errors and omissions, in a combined single
15 limit of not less than $1,000,000.00 per person.
16 15. Bilinqual Interpreter.
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Consultant shall provide an English/Spanish bilingual
18 interpreter
needed, with an English/Spanish bilingual
as
19 counselor being preferred.
20 16. Notices.
21 Any notice required to be given hereunder shall be deemed
22 to have been given by depositing said notice in the united
23 States mail, postage prepaid, and addressed as follows:
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CITY
CONSULTANT
Shauna Clark, City Clerk
city of San Bernardino
300 North "D" Street
San Bernardino, Ca 92418
The counseling Team
1881 commercenter East
suite 100
San Bernardino, Ca 92408
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AGREEMENT WITH THE COUNSELING TEAM
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.
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 Corporation of
the State of California
By
Shauna Clark, City Clerk
W. R. Holcomb, Mayor
CONSULTANT:
By:
THE COUNSELING TEAM
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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