HomeMy WebLinkAbout23-Human Resource
,
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Linn Livingston
Subject: 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: August 7, 2006
Dept:
Human Resources
Date:
August 2, 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.
At the Council Meeting on June 5, 2006 the Mayor and Common Council referred this
item to Personnel Committee.
On July 27,2006 the Personnel Committee recommended this item for approval by
Mayor and Common Council.
Recommended Motion:
1. Adopt Resolution.
2. Authorize the Director of Finance to pay The Counseling Team International
$17,225.00 from available funds in FY 2005-06 contractual services, Account No.
678-452-5502 ~~ . ~.-(t1?
SI~re
Contact person:
Linn Livinaston
Phone:
384-5161
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS: Amount:FY 2005-06 $17,225 FY 2006-07 $20,000
Source: (Accl. No.) 678-452-5502
(Accl. Description) Professional Contract Services
Finance:
Council Notes: !ZeS()... JeDL ll<;'
R~fl(jjMmenf p~~
Agenda Item No. 1-3
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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 and Fire Suppression employees.
Backeround:
The Counseling Team International (TCTI) has provided an Employee Assistance Program (EAP) to Police and
Fire 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 and
Fire Suppression employees. The Police and Fire Departments would like to continue EAP services with The
Counseling Team International.
The Counseling Team International will provide EAP services for all Police Sworn and Fire Suppression
employees (approximately 500). 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 and Fire Departments' primary usage ofTCTI usually follows a critical incident. The Counseling
Team International's specialty is in providing counseling services for incidents common to the Police and Fire
<IIIIIIilepartments. Due to the history between the City of San Bernardino employees and TCTI, the cost to provide
_rvices reflects a slightly higher price point. The cost to the City for EAP services for sworn employees is
$20,000 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 $17,225 to finalize the period of services for
July I, 2005 through June 30,2006.
On July 17, 2006 the Personnel Committee recommended that staff review the contract and clarify language to
address the scope of services being provided. The attached agreement has been updated to include additional
language as requested by the Personnel Committee. On July 27,2006 the Personnel Committee recommended
this item for approval by Mayor and Common Council.
Financial Impact:
The cost for FY 2005/06 is approximately $17,225 and for FY 2006/2007 $20,000. All expenses are included in
the Risk Management budget in Account No. 678-452-5502 (Professional Contractual Services).
Recommendation:
I. Adopt Resolution for The Counseling Team International.
2. Authorize the Director of Finance to pay The Counseling Team International $17,225.00 from available funds
. i~ FY 2005-06 contractual services, Account No. 678-452-5502
R/ Agenda Iterns:SR.tct.eap.2006
TCTI
1''))1/ \ v 7
THE COUNSELING TEAM INTERNATIONAL
August 4, 2006
City of San Bernardino
Attn: Linn Livingston, Human Resources Director
300 N. "D" Street, 2nd Floor
San Bernardino, CA 92418
Dear Linn,
We were really surprised when we reviewed the material that was handed out for
consideration by the personnel board. We found not only contextual errors but also
omissions of facts that would be relevant to the decision making process. In an effort to
insure the decision makers have not only the correct information but all the information
to compare the services offered by The Counseling Team International to other
submissions, we have enclosed the correct information. I will assume that errors noted
were not intentional, but was a result of miscommunication.
Please include these attachments (EAP 2006 Benefit Comparison in Detail) in the
material to be reviewed by the decision makers regarding The Counseling Team
International Employee Assistance Program (EAP).
If you have any questions or concerns, please don't hesitate to contact me.
Cc: James Penman, City Attorney, Wendy McCammack, City Council, Gordon
McGinnis, City Council, Dennis Baxter, City Council
Enclosure(s) (2)
Entered into Record at
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1881 Business Center Drive, Suite 11 . San Bernardino, CA 92408 . -0133 . Fax (909) 384-0734
Satellite Offices: San Diego . Temecula . Palm Springs. Vlctorville . Corona. West Covina
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Resolution No
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SERVIC
3 AGREEMENT TO THE COUNSELING TEAM INTERNATIONAL, IN AN AMOUNT NO
TO EXCEED $20,000.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION I. The Mayor of the City of San Bernardino is hereby authorized an
7 directed to execute on behalf of said City an Agreement with The Counseling Team Internationa
8 for Employee Counseling Services to sworn Police and Fire Suppression employees. Th
9 Director of Finance is authorized to issue an annual purchase order to The Counseling Te
10 International, in an amount not to exceed twenty thousand dollars ($20,000) for such employe
11 counseling services, commencing on July I, 2006. The annual purchase order is for two (2
12 years with the option of one (I) one-year extension.
13 SECTION 2. The authorization to execute the above-referenced Agreement ail
14 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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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SERVIC
AGREEMENT TO THE COUNSELING TEAM INTERNATIONAL, IN AN AMOUNT NO
2 TO EXCEED $20,000.
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
4 the Common Council of the City of San Bernardino at a
meeting thereof, hel
5 on the
day of
, 2006, by the following vote, to wit:
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COUNCILMEMBERS:
ESTRADA
8 BAXTER
AYES
NA YES
ABSTAIN ABSENT
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9 VACANT
10 DERRY
KELLEY
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JOHNSON
MCCAMMACK
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Rachel G. Clark, City Clerk
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The foregoing resolution IS hereby approved this
day 0
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,2006.
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PaunckMorris,Mayor
City of San Bernardino
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Approved as to form:
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JAMES F. PENMAN,
City Attorney
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AGREEMENT
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THIS AGREEMENT is made and entered into this _ day of August 2006, by an
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between the CITY OF SAN BERNARDINO, a municipal corporation, 300 North D Street, S
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Bernardino, California, 92418, (herein referred to as "City"), and The Counseling Te
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International (herein referred to as "Consultant"), 1881 Business Center Drive, Suite II, Sa
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Bernardino, California, 92408. City and Consultant agree as follows:
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1.0 SERVICES PROVIDED BY CONSULTANT
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1.1. General Descriotion of Work Performances
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City hereby engages Consultant, and Consultant hereby accepts such engagement, t
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perform the services herein described for the compensation herein provided. Consultant hereb
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assures and covenants to City that they have the qualifications, experience and facilities t
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properly perform said services, and hereby agrees to undertake and complete the performanc
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thereof for the compensation herein provided.
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1.2. Scooe of Services
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Consultant hereby agrees to perform the following services:
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A. Conduct a preliminary evaluation and provide counseling services upon request t
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any City employee and members of their family residing with the employee. "City employees,'
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for purposes of this Agreement, shall include employees of the City of San Bernardino swo
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Police and Fire Suppression employees. "Members of the family" shall include spouse; son.
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daughter; stepson; stepdaughter; mother; father; mother-in-law; father-in-law; nephews; and
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nieces, if residing in the same household and dependent upon the employee.
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B. A request for services shall be responded to within twenty-four (24) hours. A
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emergency or life-threatening situation shall be responded to immediately.
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2 treatment.
3 D.
Provide follow-up of said employees and/or their family members unde
Provide consultations with supervisors regarding problem employees and/or an
4 aspect ofthe Employee Assistance Program.
5 E. Provide supervisory training relative to Employee Assistance Program referra
6 procedures.
7 F. C:onduct education semmars and briefings for all levels of managemen
8 concerning services provided by the Employee Assistance Program.
9 G. C:onduct educational workshops on a variety of topics as stated by C:onsultant t
10 all employees covered under the terms of this contract. The annual fee covers limited hours fo
lIon-site orientation, supervisory training programs (quarterly), brown bag seminars and unlimite
12 crisis intervention, critical incident on-site intervention.
13 H. Assist C:ity management in development of policies and procedures for Employe
14 Assistance Program.
15 I. Assist C:ity management m introducing the Employee Assistance Program t
16 aforementioned employees.
17 J. Provide C:ritical Incident Intervention services for the C:ity.
18 K. Provide work life services including, but not limited to, elder care
19 referrals and financial resources for debt management.
20 L. The services provided by C:oRsultant under this Agreement specifically exclud
21 any and all legal resource and referral services.
22 1.3. Professional Practices
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All professional services to be provided by C:onsultant pursuant to this Agreement shal
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1 be provided by personnel experienced in their respective fields and in a manner consistent wit
2 the standards of care, diligence and skill ordinarily exercised by professional consultants i
3 similar fields and circumstances in accordance with sound professional practices. Consultan
4 also warrants that it is familiar with all laws that may affect its performance of this Agreemen
5 and shall advise City of any changes in any laws that may affect Consultant's performance 0
6 this Agreement.
7 1.4. Warranty
8 Consultant warrants that it shall perform the services required by this Agreement i
9 compliance with all applicable Federal and California employment laws including, but no
10 limited to, those laws related to minimum hours and wages; occupational health and safety; fai
1 I employment and employment practices; workers' compensation insurance and safety i
12 employment; and all other Federal, State and local laws and ordinances applicable to the service
13 required under this Agreement. Consultant shall indemnify, defend and hold harmless City fro
14 and against all claims, demands, payments, suits, actions, proceedings, and judgments of eve
15 nature and description including attorneys' fees and costs, presented, brought, or recovere
16 against City for, or on account of any liability under any of the above-mentioned laws, arisin
17 from or related to Consultant's performance under this Agreement.
18 1.5. Non-discrimination
19 In performing this Agreement, Consultant shall not engage in, nor permit its officers
20 employees or agents to engage in, discrimination in employment of persons because of their race
21 religion, color, national origin, ancestry, age, mental or physical disability, medical condition
22 marital status, sexual gender or sexual orientation, or any other status protected by law, except a
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permitted pursuant to Section 12940 of the Government Code. Violation of this provision ma
result in the imposition of penalties referred to in Labor Code, Section 1735.
1.6. Conflicts of Interest
During the term of this Agreement, Consultant shaH at aH times maintain a duty 0
loyalty and a fiduciary duty as to the City and shaH not accept payment from or employmen
with any person or entity which will constitute a conflict of interest with the City.
1.7. Citv Business Certificate
Consultant shaH obtain and maintain during the term of this Agreement, a valid Cit
Business Registration Certificate.
2.0 COMPENSATION AND BILLING
2.1. Pavrnent and Provision for Pavrnent
Basic compensation to be paid under this agreement shaH be $20,000 annuaHy fo
two (2) years. City shaH pay Consultant a sum not to exceed one thousand seven hundre
($1,700) per month commencing July 1,2006, and ending June 30, 2008 with the option of on
(1) one-year extension as provided in paragraph 3.1. Consultant shaH submit an invoice fo
services rendered, which coincides with its monthly reports as set forth in Section 2.3. Paymen
shaH be made by City within thirty (30) days from the date of each invoice. Upon execution 0
this Agreement, pretreatment and counseling services shaH be made available at no cost to swo
City Police Department and Fire Suppression employees and their families. If Consultant need
to refer any individuals covered under thi~ Agreement to another professional individual 0
agency, the cost incurred for such other professional service shall be solely the responsibility 0
the individual employee; City shaH have no liability thereafter. Every effort will be made to refe
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employees to free services or agencies providing services covered by available insurance, 0
those agencies that operate on an ability-to-pay basis.
2.2. Records and Audits
Records of Consultant's services relating to this Agreement shall be maintained i
accordance with generally recognized accounting principles and shall be made available to Cit
for inspection and/or audit at mutually convenient times for a period of three (3) years from th
Effective Date.
2.3 Reoorts 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.
3.0 TERM AND TERMINATION
3.1. Term
The term of this agreement shall commence on execution of this agreement by bo
parties. The anticipated term of the agreement is two (2) years commencing July I, 2006, wit
the option of one (I) one-year extension upon the expressed written consent of Consultant t
such extension and the approval thereofby the City Manager.
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3.2. 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 to the address set forth herein fo
the receipt of notices. In the event of any termination, Consultant shall have the right an
obligation to immediately assemble work in progress and forward same to the City. All charge
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.
4.0 INSURANCE
4.1. Minimum ScoDe and Limits ofInsurance
Consultant shall obtain and maintain during the term of this Agreement all of th
following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State ofCalifomia.
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(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Consultant shall obtain and
maintain said E&O liability insurance during the life of this Agreement
and for three years after completion of the work hereunder.
4.2. Endorsements
The comprehensive general liability insurance policy shall contain or be endorsed to
contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to this contract with City."
(b) Notice: "Said policy shall not terminate, nor shall it be modified or
cancelled, nor the coverage reduced, until thirty (30) days after written
notice is given to City."
(c) Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance
provided by this policy."
4.3. Certificates of Insurance
Consultant shall provide to City certificates of insurance showing the insurance
coverages and required endorsements described above, in a form and content approved by City,
prior to performing any services under this Agreement.
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4.4. Non-limiting
2 Nothing in this Section shall be construed as limiting in any way, the indemnificatio
3 provision contained in this Agreement, or the extent to which Consultant may be hel
4 responsible for payments of damages to persons or property.
5 5.0
GENERAL PROVISIONS
6 5.1. Entire Agreement
7 This contract constitutes the entire Agreement between City and Consultant and may b
modified only by further written agreement between the parties.
5.2. Notices
Any notice required to be given hereunder shall be deemed to have been given b
depositing said notice in the United States mail, postage prepaid and addressed as follows:
CITY
CONSULT ANT
Linnea Livingston
Director of Human Resources
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
The Counseling Team International
1881 Business Center Drive, Suite II
San Bernardino, CA 92408
5.3. 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'
21 fees for purposes of this paragraph.
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1 5.4. Governing Law
2 This Agreement shall be governed by and construed under the laws of the State of
3 California without giving effect to that body oflaws pertaining to conflict oflaws. In the event
4 of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole
5 and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County,
6 California.
7 5.5. Amendments
8 This Agreement may be amended or modified only by written agreement executed b
9 both parties.
10 5.6. Assignment
11 Consultant's rights under this Agreement shall not be assigned by Consultant to any othe
12 person, firm or corporation without the prior written consent of the City.
13 5.7. Indemnification
14 Consultant shall protect, defend, indemnify and hold harmless City and its elected an
15 appointed officials, boards, commissions, officers, attorneys, agents and employees from any an
16 all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses
17 including attorney fees, damage to property or injuries to or death of any person or persons 0
18 damages of any nature including, but not limited to, all civil claims or workers' compensatio
19 claims arising from or in any way related to Consultant's performance under this Agreement
20 except when caused solely by the City's negligence.
21 5.8. Indeoendent Contractor
22 Consultant, at all times while performing under this Agreement, is and shall be acting a
23 all times as an independent contractor and not as an agent or employee of City. Consultant shal
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I secure, at its expense, and be responsible for, any and all payment of wages, benefits and taxe
2 including but not limited to, Income Tax, Social Security, State Disability Insuranc
3 Compensation, Unemployment Compensation, and other payroll deductions for Consultant an
4 its officers, agents, and employees, and all business licenses, if any are required, in counectio
5 with the services to be performed hereunder. Neither Consultant nor its officers, agents an
6 employees shall be entitled to receive any benefits which employees of City are entitled t
7 receive and shall not be entitled to workers' compensation insurance, unemploymen
8 compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profi
9 sharing or social security on account of Consultant and its officers' agents' and employees' wor
10 for the City. This Agreement does not create the relationship of agent, servant, employee
II partnership or joint venture between the City and Consultant.
12 5.9. Acceptance of Final Payment Constitutes Release
13 The acceptance by Consultant of the final payment made according to the terms of thi
14 Agreement shall operate and be a release to the City, and its elected and appointed boards
IS officers, employees and agents thereof, from all claims and liabilities to Consultant for anythin
16 done or furnished for or relating to the work or services, or for any act or failure to act of the Cit
17 relating to or arising out of work and this Agreement.
18 5.10. Bilingual Interpreter
19 Consultant shall provide an English/Spanish bilingual interpreter as needed, with a
20 English/Spanish bilingual counselor being pr~ferred.
21 5.11. Prohibited Employment
22 Consultant shall not employ any employee of City while this Agreement is in effect.
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I 5.12. Costs
2 Each party shall bear its own costs and fees incurred in the preparation and negotiation of
3 this Agreement and in the performance of its obligations hereunder except as expressly provided
4 herein.
5 5.13. Headings
6 Paragraphs and subparagraph headings contained in this Agreement are included solely
7 for convenience and are not intended to modify, explain or to be a full or accurate description of
8 the content thereof and shall not in any way affect the meaning or interpretation of this
9 Agreement.
10 5.14. Construction
II The parties have participated jointly in the negotiation and drafting of this Agreement. In
12 the event an ambiguity or question of intent or interpretation arises with respect to this
13 Agreement, this Agreement shall be construed as if drafted jointly by the parties and in
14 accordance with its fair meaning. There shall be no presumption or burden of proof favoring or
IS disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
16 5.15. Waiver
17 The delay or failure of either party at any time to require performance or compliance by
18 the other of any of its obligations or agreements shall in no way be deemed a waiver of those
19 rights to require such performance or compliance. No waiver of any provision of this Agreement
20 shall be effective unless in writing and signed-by a duly authorized representative of the party
21 against whom enforcement of a waiver is sought. The waiver of any right or remedy with
22 respect to any occurrence or event shall not be deemed a waiver of any right or remedy with
23 respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
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1 5.16. Severabilitv
2 If any provision of this Agreement is determined by a court of competent jurisdiction to
3 be invalid or unenforceable for any reason, such determination shall not affect the validity or
4 enforceability of the remaining terms and provisions hereof or of the offending provision in any
5 other circumstance, and the remaining provisions of this Agreement shall remain in full force
6 and effect. Notwithstanding the foregoing, if the value of this Agreement, based upon the
7 substantial benefit of the bargain for any party is materially impaired, which determination as
8 made by the presiding court or arbitrator of competent jurisdiction shall be final and binding,
9 then both parties agree to substitute such provision( s) through good faith negotiations.
10 5.17. Corporate Authority
11 The persons executing this Agreement on behalf of the parties hereto warrant that the
12 are duly authorized to execute this Agreement on behalf of said parties and that by doing so, th
13 parties hereto are formally bound to the provisions of this Agreement.
14 5.18. Conflict of Interest Disclosures
15 The City or its employees may be subject to the provisions of the California Political
16 Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest
17 that may be materially affected by the work performed under this Agreement, and (2) prohibit
18 such persons from making or participating in making decisions that will have a foreseeabl
19 financial affect on such interest.
20 The City shall conform to all requia:ments of the Act. Failure to do so constitutes
21 material breach and is grounds for termination of the Agreement by Consultant.
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2 6.0. CONFIDENTIALITY
3 6.1. Confidentialitv to be Assured
4 Consultant shall maintain the confidentiality of all employees referred for or voluntaril
5 seeking counseling services. The parties recognize that the cornerstone of every successfu
6 Employee Assistance Program is the pledge of confidentiality; without confidentiality there is n
7 credibility. Employees will not reveal their personal problems if there are no clear lega
8 guidelines about confidentiality. Consultant shall assure that all personal information imparte
9 by a counselee to a counselor will be respected and safeguarded. Such information may be use
10 only in a professional manner for the purpose of helping in rehabilitating the worker
II Consultant's records shall be kept secure in accordance with the code of ethics of the profession
12 and federal and state laws and regulations. Consultant shall maintain in good order a fire an
13 burglar alarm system to protect its records. Consultant will not reveal to any person or entity
14 except pursuant to a valid order by a court of appropriate jurisdiction, the names or identities 0
15 employees or family members who come to the program voluntarily or who, having bee
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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.
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1 IN WITNESS WHEREOF, this Agreement has been executed by the parties effective a
of the date and year first above written.
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ATTEST:
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5 Rachel Clark, City Clerk
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8 Approved as to form:
9 JAMES F. PENMAN
City Attorney
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14 Agenda Items:Reso.CIT
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CITY OF SAN BERNARDINO
Municipal Corporation and
Charter City
Patrick Morris, Mayor
CONSULTANT:
By:
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