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HomeMy WebLinkAbout22-Human Resources . . .\ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Subject: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH PACIFICAREIUNITED BEHAVIORAL HEALTH MICC Meeting Date: August 7, 2006 From: Linn Livingston Dept: Human Resources Date: August2,2006 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: Adopt Resolution. :x/I ~:> .. I /).-1.../7'- 2)' ( , Signa ute Contact person: Linn Livinaston Phone: 384-5161 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $35,000 Source: (Acct. No.) 678-452-5502 ( (Acct. Description) Professional Contract Services Finance: Council Notes: 2.2 t/~-1jtJ (, CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report ~biect: Resolution of the City of San Bernardino awarding a service agreement to PacifiCarelUnited Behavioral Health to provide Employee Counseling Services to Miscellaneous Employees. Backl!round: The City of San Bernardino looked for Employee Assistance Program (EAP) services by requesting bids from potential vendors through the City Purchasing Division. Four (4) proposals were then reviewed by an EAP Committee, which was comprised ofrepresentatives from Police, Fire, Human Resources and the City Manager's Office. All four vendors provided the Committee with written and oral proposals and answered questions concerning the benefit services for our employees (Attachment A). The committee recommends PacifiCarelUnited Behavioral Health (PacifiCarelUnited) as the provider of EAP services for non-sworn employees. In addition to providing the most cost-effective plan, PacifiCarelUnited offered our employees a wide variety of benefits to meet all members of their families. PacifiCarelUnited's EAP will provide services never before provided to our employees. They will provide preventive and proactive health services to Water, EDA and all City employees except sworn Police and Fire Suppression positions. EAP programs were designed to provide employees free counseling, incident debriefing, and intervention before transitioning them to their private health carriers. PacifiCarelUnited provides expanded services including stress management classes, team building, peer support training, attorney consultations, and .ancial counseling. As required by the law, individual employee counseling is confidential. The EAP services will be offered to employees as listed above in addition to their household dependents. The cost to the City for EAP services with PacifiCarelUnited is $2.59 per employee per month. Human Resources is recommending that the City enter into a 2-year contract due to the rate guarantee offered by PacifiCarelUnited. The Police and Fire Departments would prefer to continue a relationship with The Counseling Team for EAP services for sworn Police and Fire Suppression positions; therefore, the agreement for PacifiCarelUnited will not exceed $35,000. By choosing PacifiCarelUnited for the majority of our employees, the City will save money over our current provider. Additional savings will also be realized by the City in contracting with PacifiCarelUnited, as most of their services are unlimited with no additional cost. PacifiCarelUnited contracts with many providers in the City of San Bernardino and throughout the Inland Empire (attachment B). This extensive network will conveniently allow our employees to receive care no matter where they live. Additionally, PacifiCare contracts with the Counseling Team International for services as well as other Inland Empire providers. On July 17, 2006 the Personnel Committee recommended that staff review the agreement and clarify language to address the scope of services being provided. Staff is recommending that all legal services be deleted from the agreement and both Sworn Police and Fire suppression employees be excluded from the PacifiCarelUnited agreement. The attached agreement has been updated to include the additional language as requested by the Personnel Committee. One July 27,2006 the Personnel Committee recommended this itern for approval by Mayor and Common Council. .\ Financial Impact: ~e cost for FY 2006/07 is approximately $35,000 and is included in the FY 2006/07 Risk Management budget ~ Account No. 678-452-5502 (Professional Contractual Services). Recommendation: Adopt Resolution for PacifiCarelUnited. HR/ Agenda ltems:SR.PacifiCare/United Behavioral Health.05 . .\ - I- 1- - c o II) .~ ca a. 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CI) ~ III E; ~ o U) '(i) 8 ~ 1ii (/l c:-o o CI) :;::l- :g~ III . ~ E "E" :::J, :) 1>'1 .[ ,: . City of San Bernardino EAP 2006 Benefit Comparison in Detail Types of Pacific Care The United Behavioral Counseling MHN Value Options Servlce(s) Health 01/01/07 Team Cost per employee $2.59 $3.09 $2.47 $1.36 (misc. & safety) Cost per employee $2.59 $4.00 $2.47 $1.36 (safety only) Uiil[miJ8ilIfl~lephonic and '. m~,(3);Face-to- Unllmited'TeleptiOriic - .- I!Jnlimjfe(j~1i..ephOnic three"(3)l &-to-face tacej~nseling and Refenals, and thAle (3) , c1inica~ai1d,ttiiee (3) face-to consulti:tioOll and refenals to ~f"-mi};'ervlC8S for face-to-face consultaYons, iO'.. '..~w face cotl\lUlliitlons. EAP is a wide, range of issues or" emploYees resources per~,lssue for e(!1p1o~'il.xperiencing conce~~ in the member:'.s 'experiencing including, Financial, Child probleiiis,~iCh affect job daily, life. ~mples of issues 'plfrsdhal', family, job, and Elder Care, -Concierge perfonila~.1!nd overall or concl,rns: stress and 'SilbSiance abuse or and Organizing Life's ,well being. ;;<. if Clinical IndMduallzed deprilsslop, family matters, ,~i\anci~ problems. Affairs Consultaticm Clinical domestic violence, grief. and No telephonic "Consultations loss, relaliO'nship problemll, Counseling. and'edu'cation needs. 21' local P'9viders Single local provider 126,providers within a 10 mile radius. Personalized search and The Counseling Telephonic consultation Value Options provides referrals for assistance Team does not and referrals addressing Child Care referrals. relating to child care provide Child Care child care needs including services. Services: prenatal Referrals. child care centers, family preparations, day care, help day care centers and Child Care Referral with adoption, child safety, agencies. Service before/after school programs, and sick childcare alternatives. Personalized search and The Counseling Telephonic consultation Value Options provides referrals for assistance Team provides and referrals addressing Elder Care referrals. relating to caring for elderiy referrals for Elder elder care needs such as family members or aging Care. nursing homes, retirement, parents. Sample types of and communities. referrals include: in-home Work life Elder Care Referral caregivers, support groups, Service Services meal service, transportation services, retirement housing options, and long distance care assistance. Assistance with personal The Counseling Telephonic consultation Telephonic consultation for finances such as debt provides referrals for with nel\Nork attorney or 30 minutes including management, debt reduction Financial Help. mediator for legal needs. budgeting, debt problems, or elimination, and low retirement planning, and interest credit cards. other financial issues. Financial Resource for Debt Management Types of Pacific Care The United Behavioral Counseling MHN Value Options Service(s) Health 01/01/07 Team UNLIMITED: Management LIMITED: Workshops UNLIMITED: Management Six (6) hours per year for Consultations and resource material Consultations- to obtain Supervisory Training. Management Orientations on a variety of guidance in handling Monthly electronic and training about referring individual, family, troubled employees and promotional package- Tip employees to the EAP substance abuse, workplace issues. sheet, newsletter articles, program. and financial issues. Job performance referrals, and a-mail reminders. Benefits include: Wellness Critical Incident Stress Seminars, Critical Incident Debriefings, Stress Debriefings, Supervisors and Employee Management Training, Orientations, including a Supervisors Training Services. Handbook to every EMPLOYER supervisor. SERVICES: Monthly/Quarterly Quarterly reports with Unlimited newsletters and Quarterly managers Communication newsletters program statistics. collateral materials. newsletter. Introductory Unlimited supply of Benefit Concierge Services, and brochures, induding wallet Brochures describing the Quarterly Reports. cards. benefits and it includes the toll-free access number and Balance Point flyers to provide more information about a particular topic or issue. Employer Services UNLIMITED SEMINARS LIMITED: Workshops Eight (8) hours of Training Six (6) hours of Training including: Professional and resource Services. Training includes: classes. Classes indude: Conduct for Exceptional materials on a variety Attitude Matters, Dealing Listening skills, Dealing Teamwork, Coping with of individual. family, with Difficuit People, with Difficult People, Time change in the Workplace substance abuse. Change for the Health of It, management, Managing Dealing with Difficult People, and financial issues. Stress Management, change, Workplace Career and Life Balance, Personal Development, Violence, Communication, Stopping Harassment and Basic Skills for Supervisors, Preventing Job Burnout, Discrimination, Holiday Harassment Awareness, Balancing Work and Season Budgeting, Working Protection, Personal Life, Conflict, Growing Healthy Families, Becoming a Better Resolution at Work and Brown Bag Breaking Free of Addictive Communicator, Security Home, Drug Free Seminars Behavior, and Medicare, Workplace. Basic Personal Budgeting, Perlectionism, Achieving Beyond Co.Dependency, Balance. Becoming a Smart Consumer, Repairing your Credit Record. i on.ihe TOols-Interactive Self '~~)" -~, -~ Online Tools- Self H'l!p Tools, 'Financial , calCUlalors, Retiremenls, Assessments. Financial OOIiI1ll Tools- Online sKe Online , - ~1~'P.lanning, Rea~ Cal~lalolS, Retirements, provides' Behavioral Health , Online TooIs- Not 'Online SefVic:ea lE!iil[and Family Law. CoI(i\g'(;Planning, Real l~tiOO, Assessment Services, ,1 'f.liallh.and Fitness Available. Esti'te aOcl Family law. T~, l!ncj,v~rious Self- ,- -,. .,.~ . , " ~~~ments. Health and 'Fitness Help programs. ~ential Online Assessments. Counseling services. . Results Print Preview Name, Group Contact, License, Distance Providers below are within your search criteria. Nguyen, Doan Q., MD A Vista Guidance Center * 34314 Yucaipa Boulevard Suite B&D San Bernardino, CA. 92418 Psychiatrist 0 Bolivar, Louis Fernando, MFT 598 North F Street San Bernardino, CA. 92410 Marriage Family Therapist 0 A Vista Guidance Center - San Bernardino, * 939 North D Street San Bernardino, CA. 92418 Multi-Disciplinary Group I Hovivian, Julie A., MFT A Vista Guidance Center * 939 North D Street San Bernardino, CA. 92418 Marriage Family Therapist 1 Martinez, Arelis J., LCSW A Vista Guidance Center * 939 North D Street San Bernardino, CA. 92418 . Clinical Social Worker 1 Nguyen, Doan Q., MD A Vista Guidance Center * 939 North D Street Suite D San Bernardino, CA. 92418 Psychiatrist I Renshaw, George L., MFT A Vista Guidance Center * 939 North D Street San Bernardino, CA. 92410 Marriage Family Therapist 1 Stone, Charles "Chip" F., DO A Vista Guidance Center * 939 North D Street San Bernardino, CA. 92418 Psychiatrist 1 Tran, Quy V., MD A Vista Guidance Center * 939 North D Street San Bernardino, CA. 92418 Psychiatrist I Unwalla, Khushro B., MD A Vista Guidance Center * 939 North D Street San Bernardino, CA. 92418 Psychiatrist 1 .\ . Truong, Kim, MFT 1669 North "E" Street San Bernardino, CA. 92405 Marriage Family Therapist I Shipley, Charles R., PhD 1739 North D St. San Bernardino, CA. 92405 Psychologist 2 Afghan, Rahima, MD 2380 N Sierra Way San Bernardino, CA. 92405 Psychiatrist 2 Argun, Abraham A., PSYD 399 E. Highland Ave., Suite 409 San Bernardino, CA. 92404 Psychologist 2 Diamreyan, Ochuko G., MD 399 E Higland Avenue Suite 214 San Bernardino, CA. 92404 Psychiatrist 2 Turian, Judith E., PhD 1881 Commercenter E Suite 114 San Bernardino, CA. 92408 . Psychologist 2 Joseph, Enas, LCSW 225 E Airport Dr Ste 125 San Bernardino, CA. 92408 Clinical Social Worker 2 Xayarath, Novanh S., MFT 225 East Airport Drive Suite 125 San Bernardino, CA. 92408 Marriage Family Therapist 2 Multani, Gurrneet S., MD 1881 Business Center Drive Suite 9 San Bernardino, CA. 92408 Psychiatrist 2 The Counseling Team International (TCTI) 1881 Business Center Drive Suite II San Bernardino, CA. 92408 2 .\ Francis, Joan, PhD 1911 Commercenter East Suite 10 I San Bernardino, CA. 92408 Psychologist 2 2 . Griffiths, John, LCSW 1800 Medical Center Drive Suite 300 San Bernardino, CA. 92411 Clinical Social Worker 2 Haire, Patricia A., PhD 1800 Medical Center Drive, Suite 300 San Bernardino, CA. 92411 Psychologist 2 Hogan, Steven G., NP 1800 Medical Center Drive Suite 300 San Bernardino, CA. 92411 Psychiatric Nurse 2 Kohut, John J., MD 1800 Medical Center Drive Suite 300 San Bernardino, CA. 92411 Psychiatrist 2 Marquis, Jeanine L., MFT 1800 Medical Center Drive Suite 300 San Bernardino, CA. 92411 Marriage Family Therapist 2 Soltz, Zvi L., PhD 1800 Medical Center Drive Suite 300 San Bernardino, CA. 92411 . Psychologist 2 Davidson Cibelli, Cherilyn, PhD 1255 E Highland Avenue Suite 106 San Bernardino, CA. 92404 Psychologist 3 Pace, James 8., PhD 1255 East Highland Ave., Ste. 216 San Bernardino, CA. 92404 Psychologist 3 Southard, Larry, MFT 1255 E Highland Avenue Suite 105 San Bernardino, CA. 92404 Marriage Family Therapist 3 Aragon, Myriam Y., MFT Cornerstone Behavioral Health Group, Inc. * 1430 E Cooley Drive Suite III Colton, CA. 92324 Marriage Family Therapist 3 .' Bellomy, Miriam H., MFT 1430 E. Cooley Drive, #212 Colton, CA. 92324 Marriage Family Therapist 3 3 . Bobbitt, Beth A., LCSW Cornerstone Behavioral Health Group, Inc. * 1430 E Cooley Drive Suite 111 Colton, CA. 92324 Clinical Social Worker 3 Bresolin, Barbara E., LCSW Cornerstone Behavioral Health Group, Inc. * 1430 E Cooley Drive Suite 111 Colton, CA. 92324 Clinical Social Worker 3 Chung, Lily S., MD Cornerstone Behavioral Health Group, Inc. * 1430 E Cooley Drive Suite 111 Colton, CA. 92324 Psychiatrist 3 Cornerstone Behavioral Health Group, Inc., * 1430 E Cooley Drive Suite 111 Colton, CA. 92324 Multi-Disciplinary Group 3 Cox, Mark R., MFT Cornerstone Behavioral Health Group, Inc. * 1430 E Cooley Drive Suite 111 Colton, CA. 92324 . Marriage Family Therapist 3 Downey, Jennifer R., MFT Cornerstone Behavioral Health Group, Inc. * 1430 E Cooley Drive Suite 111 Colton, CA. 92324 Marriage Family Therapist 3 Dryan, Lisa M., LCSW Cornerstone Behavioral Health Group, Inc. * 1430 E Cooley Drive Suite 111 Colton, CA. 92324 Clinical Social Worker 3 Duk, Anthony D., MD Cornerstone Behavioral Health Group, Inc. * 1430 E Cooley Drive Suite 111 Colton, CA. 92324 Psychiatrist 3 Hallum, Wendy E., MFT Cornerstone Behavioral Health Group, Inc. * 1430 E Cooley Dr Ste 111 Colton, CA. 92324 Marriage Family Therapist 3 .\ 4 . Jung, Marshall, LCSW 1420 East Cooley Drive Suite 200 R Colton, CA. 92324 Clinical Social Worker 3 Manriquez, Debra A., MFT Cornerstone Behavioral Health Group, Inc. * 1430 E Cooley Drive Suite III Colton, CA. 92324 Marriage Family Therapist 3 Reyes, Steven c., MFT Cornerstone Behavioral Health Group, Inc. * 1430 E Cooley Drive Suite III Colton, CA. 92324 Marriage Family Therapist 3 Runyan, James "Buck" D., MFT Cornerstone Behavioral Health Group, Inc. * 1430 E Cooley Dr Ste III Colton, CA. 92324 Marriage Family Therapist 3 . Taylor, Sylvia G., MFT Cornerstone Behavioral Health Group, Inc. * 1430 E Cooley Drive Suite III Colton, CA. 92324 Marriage Family Therapist 3 Weniger, Jennifer L., MFT Cornerstone Behavioral Health Group, Inc. * 1430 E Cooley Drive Suite III Colton, CA. 92324 Marriage Family Therapist 3 Cardona, Lucy F., LCSW 2550 E. Highland Ave. Highland, CA. 92346 Clinical Social Worker 4 Chaffee, Rosalie, MFT 22737 Barton Rd Ste II Grand Terrace, CA. 92313 Marriage Family Therapist 4 Fayard, Carlos, PhD 11374 Mt. View Ave Lorna Linda, CA. 92354 Psychologist 4 .\ Albert, Julie c., LCSW 11374 Mountain View Avenue Lorna Linda, CA. 92354 Clinical Social Worker 4 5 . Anderson, Donald L., MD 11374 Mountain View Avenue Lorna Linda, CA. 92354 Psychiatrist 4 Harding, George, MD 11374 Mountain View Avenue Lorna Linda, CA. 92354 Psychiatrist 4 Klop, Winifred, LCSW 11374 Mountain View Ave. Lorna Linda, CA. 92354 Clinical Social Worker 4 McGhee, William, MD 11374 Mountain View Avenue Lorna Linda, CA. 92354 Psychiatrist 4 Murdoch, William, MD 11374 Mountain View Avenue Lorna Linda, CA. 92354 Psychiatrist 4 . Roth, William G., PhD 11374 S. Mountain View Ave. Lorna Linda, CA. 92354 Psychologist 4 Schaepper, Mary Ann H., MD 11374 Mountain View Ave Lorna Linda, CA. 92354 Psychiatrist 4 Warnell, Ronald L., MD 11374 Mountain View Avenue Lorna Linda, CA. 92354 Psychiatrist 4 Brandon, Antonius D., PhD 12139 Mt. Vernon Avenue Suite 203 Grand Terrace, CA. 92313 Psychologist 5 Flores, Nelson J., PhD Psychological Assessment Services 243 W Foothill Boulevard Riaito, CA. 92376 Psychologist 5 .\ Perez, Francisco 1., LCSW Psychological Assessment Services 243 W Foothill Boulevard Rialto, CA. 92376 Clinical Social Worker 5 6 . Rosenfeld, Erica F., PhD 1210 Nevada Street Suite 101 Redlands, CA. 92373 Psychologist 5 Shaw, Toby S., MFT 1210 Neveda Street Suite 101 Redlands, CA. 92374 Marriage Family Therapist 5 Wickham, Thomas, PhD 1210 Nevada Suite 101 Redlands, CA. 92374 Psychologist 5 Geissinger, Patricia A., MFT 1902 Orangetree Lane # 150 Redlands, CA. 92374 Marriage Family Therapist 5 Shearer, William C., PhD 1902 Orange Tree Lane, #150 Redlands, CA. 92374 Psychologist 5 Pflaumer, Edward, PhD 721 Nevada Street, #203 Redlands, CA. 92373 . Psychologist 5 ConnerIey, RoseAnn I., MFT Preferred Behavioral Medical Group 245 Terracina Boulevard Suite 206 Redlands, CA. 92373 Marriage Family Therapist 6 Hall, Janice K., MFT Preferred Behavioral Medical Group 245 Terracina Boulevard Suite 206 Redlands, CA. 92373 Marriage Family Therapist 6 Hallum, Wendy E., MFT Preferred Behavioral Medical Group 245 Terracina Blvd ste 206 Redlands, CA. 92373 Marriage Family Therapist 6 Iskenderian, Kevork N., MD Preferred Behavioral Medical Group 245 Terracina Boulevard Suite 206 Redlands, CA. 92373 Psychiatrist 6 .\ Linn, Walter, MFT Preferred Behavioral Medical Group 245 Terracina Blvd, Ste. 206 Redlands, CA. 92373 Marriage Family Therapist 6 7 . McThomas, Alan R., PhD Preferred Behavioral Medical Group 245 Terracina Blvd ste. 206 Redlands, CA. 92373 Psychologist 6 Morton, Joel R., DO Preferred Behavioral Medical Group 245 Terracina Blvd #206 Redlands, CA. 92373 Psychiatrist 6 Nease, Orval 1., MFT Preferred Behavioral Medical Group 245 Terracina Blvd., Ste. 206 Redlands, CA. 92373 Marriage Family Therapist 6 Nordquist, Conrad, MFT Preferred Behavioral Medical Group 245 Terracina Boulevard Suite 206 Redlands, CA. 92373 Marriage Family Therapist 6 Preferred Behavioral Medical Group, 245 Terracina Blvd #206 Redlands, CA. 92373 Multi-Disciplinary Group 6 . Reyes, Steven C., MFT Preferred Behavioral Medical Group 245 Terracina Boulevard Suite 206 Redlands, CA. 92373 Marriage Family Therapist 6 Stolar, Marc H., MD Preferred Behavioral Medical Group 245 Terracina Boulevard Suite 206 Redlands, CA. 92373 Psychiatrist 6 Parker, Linda S., MFT 28342 Bums Avenue Highland, CA. 92346 Marriage Family Therapist 7 Sutkin, LaFaye C., PhD 710 Brookside Suite 3 Redlands, CA. 92373 Psychologist 7 Rogers, Christy L., MFT 645 Brookside Redlands, CA. 92373 Marriage Family Therapist 7 .\ 8 . Fitzgerald, Ramah F., MFT 1175 Idaho Street Suite 203 Redlands, CA. 92374 Marriage Family Therapist 7 Collins, Julieanne, LCSW 521 W. Citrus Ave. Red1ands, CA. 92375 Clinical Social Worker 7 McGuire, Beth A., PhD 521 West Citrus Avenue Redlands, CA. 92373 Psychologist 7 Arrese, Olga, MFT 511 Brookside Avenue Redlands, CA. 92373 Marriage Family Therapist 7 Covington, Tracy, PhD 511 Brookside Avenue Redlands, CA. 92373 Psychologist 7 Samarza, Alane, PhD 511 Brookside Ave Redlands, CA. 92373 . Psychologist 7 Warnell, Kathy I., LCSW 411 W State Street Suite D Redlands, CA. 92373 Clinical Social Worker 7 Benjamin, John A., PhD 420 Brookside Avenue Redlands, CA. 92373 Psychologist 7 Blackstead, Elizabeth C., NP 420 Brookside Avenue Redlands, CA. 92373 Psychiatric Nurse 7 Nelson, William, PhD 420 Brookside Redlands, CA. 92373 Psychologist 7 Elliott, Thomas R, PhD 47 First Street Redlands, CA. 92373 Psychologist 7 .\ 9 . Hutchins, Kenneth A., PhD 47 1st. Street Redlands, CA. 92373 Psychologist 7 Hyatt, Rebecca, LCSW 47 1st Street Redlands, CA. 92373 Clinical Social Worker 7 Kunkel, Gerald B., MFT 47 First Street Redlands, CA. 92373 Marriage Family Therapist 7 Sanders, Gerald H., MFT 47 First Street Redlands, CA. 92373 Marriage Family Therapist 7 Tucker, Craig A., LCSW 47 First Street Office A Redlands, CA. 92373 Clinical Social Worker 7 Blue, Kelly J., MD 312 Brookside Avenue Redlands, CA. 92373 . Psychiatrist 7 Dill, Jane R., MFT 108 Orange Street, Ste. #12A Redlands, CA. 92373 Marriage Family Therapist 7 Eyster, Carol, MFT 5 E Citrus Avenue, Ste. 203 Redlands, CA. 92373 Marriage Family Therapist 7 Afghan, Rahima, MD Inland Psychiatric Medical Group, Inc.. 101 E Redlands Boulevard Suite 234 Redlands, CA. 92373 Psychiatrist 7 Aylmer, Robert C., PhD Inland Psychiatric Medical Group, Inc.. 101 E Redlands Boulevard Suite 215 Redlands, CA. 92373 Psychologist 7 .' 10 . Chatsuthiphan, Visit, MD Inland Psychiatric Medical Group, Inc. * 101 E Redlands Boulevard Suite 277 Redlands, CA. 92373 Psychiatrist 7 Cicconi, Margaret 1., LCSW Inland Psychiatric Medical Group, Inc. * 101 E Redlands Boulevard Suite 277 Redlands, CA. 92373 Clinical Social Worker 7 De Zeeuw, Martha E., MFT Inland Psychiatric Medical Group, Inc. * 101 E Redlands Blvd Ste 234 Redlands, CA. 92373 Marriage Family Therapist 7 Del Real, Janet E., MFT Inland Psychiatric Medical Group, Inc. * 101 E Redlands Boulevard Suite 215 Redlands, CA. 92373 Marriage Family Therapist 7 Drown, Curtis E., MFT 101 E. Redlands, #246 Redlands, CA. 92374 . Marriage Family Therapist 7 Fountain, Bruce, MFT 101 E. Redlands Boulevard Suite 200 Redlands, CA. 92373 Marriage Family Therapist 7 Garvey, Michael C., LCSW Inland Psychiatric Medical Group, Inc. * 101 E Redlands Boulevard Suite 277 Redlands, CA. 92373 Clinical Social Worker 7 Gragg, F. Matthew, MFT Inland Psychiatric Medical Group, Inc. * 101 E Redlands Boulevard Suite 215 Redlands, CA. 92373 Marriage Family Therapist 7 Granger, Judith A., MFT Inland Psychiatric Medical Group, Inc. * 101 E Redlands Boulevard Suite 277 Redlands, CA. 92373 Marriage Family Therapist 7 .' 11 . Helzer, Kimberly F., MFT Inland Psychiatric Medical Group, Inc. * 101 E Redlands Boulevard Suite 215 Redlands, CA. 92373 Marriage Family Therapist 7 House, Shawna M., MFT Inland Psychiatric Medical Group, Inc. * 101 E Redlands Boulevard Suite 215 Redlands, CA. 92373 Marriage Family Therapist 7 Hubbard, Merrill C., MFT Inland Psychiatric Medical Group, Inc. * 101 E. Redlands Blvd., Suite 215 Redlands, CA. 92373 Marriage Family Therapist 7 Inland Psychiatric Medical Group - Suite 215 Redlands, * 101 E Redlands Boulevard Suite 215 Redlands, CA. 92373 Multi-Disciplinary Group 7 Inland Psychiatric Medical Group - Suite 234 Redlands, * 101 E Redlands Blvd Ste 234 Redlands, CA. 92373 . Multi-Disciplinary Group 7 Inland Psychiatric Medical Group - Suite 277 Redlands, * 101 E Redlands Boulevard Suite 277 Redlands, CA. 92373 Multi-Disciplinary Group 7 Jensen-Winters, Jil, MFT Inland Psychiatric Medical Group, Inc. * 101 E Redlands Boulevard Suite 215 Redlands, CA. 92373 Marriage Family Therapist 7 Kunam, Syam P., MD Inland Psychiatric Medical Group, Inc. * 101 E Redlands Boulevard Suite 234 Redlands, CA. 92373 Psychiatrist 7 Lane, John P., LCSW Inland Psychiatric Medical Group, Inc. * 101 E Redlands Boulevard Suite 277 Redlands, CA. 92373 Clinical Social Worker 7 .\ 12 . Lehrman, Susan L., MFT Inland Psychiatric Medical Group, Inc.. 101 East Redlands Boulevard Suite 215 Redlands, CA. 92373 Marriage Family Therapist 7 Murad, Wadsworth R., DO Inland Psychiatric Medical Group, Inc.. 101 E Redlands Boulevard Suite 277 Redlands, CA. 92373 Psychiatrist 7 Neighbors, Christine A., LCSW Inland Psychiatric Medical Group, Inc.. 101 E Redlands Boulevard Suite 277 Moreno Valley, CA. 92373 Clinical Social Worker 7 Paladugu, Geetha K., MD Inland Psychiatric Medical Group, Inc.. 101 E Redlands Boulevard Suite 277 Redlands, CA. 92373 Psychiatrist 7 . Plodkowski, Maria F., PSYD Inland Psychiatric Medical Group, Inc.. 101 E Redlands Boulevard Suite 215 Redlands, CA. 92373 Psychologist 7 Riesenman, John P., MD Inland Psychiatric Medical Group, Inc.. 101 E Redlands Boulevard Suite 234 Redlands, CA. 92373 Psychiatrist 7 Shirley, Edgar L., MFT · 101 E Redlands Boulevard Suite 215 Redlands, CA. 92374 Marriage Family Therapist 7 Taylor, Constance M., PhD Inland Psychiatric Medical Group, Inc.. 101 E Redlands Boulevard Suite 277 Redlands, CA. 92373 Psychologist 7 .\ Wareham, Julie G., MD Inland Psychiatric Medical Group, Inc.. 101 E Redlands Boulevard Suite 234 Redlands, CA. 92373 Psychiatrist 7 13 . . .' Winters, Jan S., MFT Inland Psychiatric Medical Group, Inc. * 101 E Redlands Boulevard Suite 215 Redlands, CA. 92373 Marriage Family Therapist 7 Johnson, Tamara A., MFT 10 E Vine Street Suite 209 Redlands, CA. 92373 Marriage Family Therapist 7 Sieck, Michael, PhD 222 E Olive Avenue Suite 7 Redlands, CA. 92373 Psychologist 7 Simon, Dianna J., LCSW 339 Cajon Street Suite A Redlands, CA. 92373 Clinical Social Worker 7 Redmond, Nancee L., MFT 1380 Pacific Street Redlands, CA. 92373 Marriage Family Therapist 8 Beavers, Michael R., MFT 580 Forest Shade Drive Suite 10 Crestline, CA. 92325 Marriage Family Therapist 8 Gabriel, Ginger S., MFT 460 Pine Drive Crestline, CA. 92325 Marriage Family Therapist 8 Attaway, Avis C., MFT 3579 University Suite 208 Riverside, CA. 92501 Marriage Family Therapist 9 Quiros, Cristianne, MFT 3903 BTOckton Avenue Suite 3 Riverside, CA. 92501 Marriage Family Therapist 9 Rogers, Christy L., MFT 3903 Brockton Suite 3 Riverside, CA. 92501 Marriage Family Therapist 9 Gonsier, Paul, LCSW 5015 Canyon Crest Dr., Ste. 110 Riverside, CA. 92507 Clinical Social Worker 9 14 . Montana, Deborah A., MFT 5015 Canyon Crest Dr., Ste 203 Riverside, CA. 92507 Marriage Family Therapist 9 Theobald, Ellen M., PhD 5015 Canyon Crest Drive Suite 203 Riverside, CA. 92507 Psychologist 9 Turner, Keith, MD 5015 Canyon Crest Drive, Suite 201 Riverside, CA. 92507 Psychiatrist 9 Findlay, Carole A., PhD 5005 LaMart Dr. Ste.,#100B-2 Riverside, CA. 92507 Psychologist 9 Olson, Kenneth A., MFT 4041 Brockton Riverside, CA. 92501 Marriage Family Therapist 9 Campbell, Marsie L., MFT 5225 Canyon Crest Dr. Bldg. 100 Ste. 152 Riverside, CA. 92507 . Marriage Family Therapist 9 Kahle, Brenton D., MFT 5005 La Mart Building 100 B9 Riverside, CA. 92507 Marriage Family Therapist 9 Buche, Douglas D., PhD 4580 Palm Ave Riverside, CA. 92501 Psychologist 10 Deulen, Christopher R., PhD 4580 Palm Avenue Riverside, CA. 92501 Psychologist 10 Lewis, Renee F., MFT 27307 State Hwy 189 Suite 207 Blue Jay, CA. 92317 Marriage Family Therapist 10 Rice, Beverley, MFT 27307 State Hwy 189 Suite 207 Blue Jay, CA. 92317 Marriage Family Therapist 10 .\ 15 . . .' Hayes, Shawn 1., MFT 27415 School Road Crest Park, CA. 92326 Marriage Family Therapist 10 Arizona: If you are a member of PacifiC are Signature Value HMO, PacifiCare Signature pas, or Secure Horizons - PBH has partnered with College Health IP A to provide outpatient services and care must be provided through College Health IP A. In addition, some products and plans may require authorization by PBH. Please call PBH at 1-800-579-5222 prior to accessing services for information on participating providers and to determine if authorization is required. Nevda: If you are a member of PacifiCare Signature Value HMO, PacifiCare Signature pas, or Secure Horizons - services must be provided through Harmony Healthcare. Please call Harmony at 1-702-251-8000 prior to accessing services, for authorization, and for information on participating providers. You must first call PacifiCare Behavioral Health (PBH) for an authorization prior to your first counseling visit. If you do not get authorization, you will be responsible for the cost of the visit. It will not be paid for by PBH if this is a requirement for your plan. If you are unsure whether or not you need an authorization, it's better to call PBH. Inclusion on this list does not imply either a recommendation or preference by PBH. Provider information is self-reported and should be confirmed with the office after receiving your authorization. PBH will attempt to ensure the continuing availability of the contracted providers listed in this directory. However, a provider will occasionally become unavailable due to the lack of capacity or termination of a contract. PBH cannot guarantee that a specific provider will be available to you during the term of your membership. For more information on providers listed in our directory, please call the toll-free number listed in your benefit information. 16 TCTI ~v'V \v / 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 , "'~ Entered into Record 8t. ;7 / J ) IJ 4> COllncillCmvOevCms Mtg. . Cv-.~,(';~~~ bV Ncl (iL)"K.z:J ~ ) re Agenda Item - .. J' / '/ p14/ ~h.~ City ClerklCDC Secy ~n lih)fn~r"inn 1881 Business Center Drive. Suite 11 . San Bemardh1o, CA 92408 . -0133 . Fax (909) 384-0734 Satellite Offices: San Diego. Temecula . Palm Springs' Victorvllle . Corona' West Covina Enclosure(s) (2) WW\AI thAt'!nllnRAllnntAam ~nm . . Resolution No 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SERVIC AGREEMENT AND AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT T EXCEED $35,000 TO P ACIFICAREfUNITED BEHAVIORAL HEALTH 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0 SAN BERNARDINO AS FOLLOWS: 6 SECTION I. The Mayor of the City of San Bernardino is hereby authorized an 7 8 directed to execute on behalf of said City an Agreement with PacifiCarelUnited Behaviora 9 Health for Employee Counseling Services and the Director of Finance is authorized and directe 10 to issue an annual purchase order to PacifiCarelUnited Behavioral Health, in an amount not t II exceed thirty-five thousand dol1ars ($35,000) for such employee counseling services 12 commencing on September 1, 2006. The annual purchase order is for two (2) years with th 13 option of one (J) one-year extension. 14 SECTION 2. The authorization to execute the above-referenced Agreement an 15 Purchase Order is rescinded if the parties to the Agreement fail to execute it within sixty (60 16 days of the passage of this resolution. 17 III 18 III 19 III 20 III 21 III , 22 23 III 24 III 25 III . qf:22 ~_7-0b . RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SERVIC AGREEMENT AND AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT T EXCEED $35,000 TO P ACIFICARE/UNITED BEHAVIORAL HEALTH 4 the Common Council of the City of San Bernardino at a meeting thereof, hel 2 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 5 on the day of , 2006, by the following vote, to wit: 6 7 COUNCILMEMBERS: 8 ESTRADA 9 BAXTER 10 VACANT DERRY 11 KELLEY 12 JOHNSON 13 MCCAMMACK . 14 AYES NA YES ABSTAIN ABSENT 15 Rachel G. Clark, City Clerk 16 17 The foregoing resolution IS hereby approved this day 0 18 ,2006. 19 20 Patrick Morris, Mayor City of San Bernardino 21 Approved as to form: 22 ~ JAMES F. PENMAN, 23 City Attorney 24 By: 25 . 2 . . 16 17 18 19 20 21 22 23 24 25 . AGREEMENT 2 3 4 5 6 7 THIS AGREEMENT is made and entered into this _ day of August 2006, by an between the CITY OF SAN BERNARDINO, a municipal corporation, 300 North D Street, Sa Bernardino, California, 92418, (herein referred to as "City"), and PACIFICAREfUNITE BEHAVIOR HEALTH (herein referred to as "Consultant"), 3100 Lake Center Drive, Santa Ana California, 92704. City and Consultant agree as follows: 8 1.0 9 SERVICES PROVIDED BY CONSULTANT 1.1. General Description of Work Performances 10 City hereby engages Consultant, and Consultant hereby accepts such engagement, t 11 12 13 14 15 perform the services herein described for the compensation herein provided. Consultant hereb assures and covenants to City that they have the qualifications, experience and facilities t properly perform said services, and hereby agrees to undertake and complete the performanc thereof for the compensation herein provided. 1.2. Scope of Services Consultant hereby agrees to perform the following services: A. Conduct a preliminary evaluation and provide counseling services upon request t any City employee and members of their family residing with the employee. "City employees,' for purposes of this Agreement, shall include employees of the City of San Bernardino, the Cit of San Bernardino Economic Development Agency and the City of San Bernardino Municipa Water Department. "City employees" for tlie purposes of this Agreement excludes all swo Police and Fire Suppression employees. "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. . . . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 B. A request for services shall be responded to within twenty-four (24) hours. A emergency or life-threatening situation shall be responded to immediately. C. Provide follow-up of said employees and/or their family members unde treatment. D. Provide consultations with supervisors regarding problem employees and/or an aspect of the Employee Assistance Program. E. Provide supervisory training relative to Employee Assistance Program referra procedures. F. Conduct education semmars and briefings for all levels of managemen concerning services provided by the Employee Assistance Program. G. Conduct educational workshops on a variety of topics as stated b PacificarelUnited Behavioral Health to all departments covered under the terms of this contract The "per employee per month fee" covers unlimited hours for on-site orientation, supervisor training programs (quarterly), crisis intervention, critical incident on-site intervention, and brow bag seminars. H. Assist City management in development of policies and procedures for Employe Assistance Program. I. Assist City management m introducing the Employee Assistance Program t aforementioned employees. J. Provide Critical Incident InteTllention services for the City. K. Provide work life services including, but not limited to, child and elder care 24 referrals and financial resources for debt management. 25 L. Provide unlimited telephonic counseling consultations and referrals. 2 . . . M. Provide online services including, but not limited to, self-help tools, financial 2 calculators, college planning, health and fitness assessments and online counseling services. 3 N. The services provided by Consultant under this Agreement specifically exclud 4 any and all legal resource and referral services. 5 1.3. Professional Practices 6 All professional services to be provided by Consultant pursuant to this Agreement shal 7 be provided by personnel experienced in their respective fields and in a manner consistent wit 8 the standards of care, diligence and skill ordinarily exercised by professional consultants i 9 similar fields and circumstances in accordance with sound professional practices. Consultan 10 also warrants that it is familiar with all laws that may affect its performance of this Agreemen II and shall advise City of any changes in any laws that may affect Consultant's performance 0 12 this Agreement. 13 1.4. Warranty 14 Consultant warrants that it shall perform the services required by this Agreement i 15 compliance with all applicable Federal and California employment laws including, but no 16 limited to, those laws related to minimum hours and wages; occupational health and safety; fai 17 employment and employment practices; workers' compensation insurance and safety i 18 employment; and all other Federal, State and local laws and ordinances applicable to the service 19 required under this Agreement. Consultant shall indemnify, defend and hold harmless City fro 20 and against all claims, demands, payments, suits, actions, proceedings, and judgments of eve 21 nature and description including attorneys' fees and costs, presented, brought, or recovere , 22 against City for, or on account of any liability under any of the above-mentioned laws, arisin 23 from or related to Consultant's performance under this Agreement. 24 25 3 I. . . . 2 3 4 5 1.5. Non-discrimination In performing this Agreement, Consultant shall not engage in, nor permit its officers employees or agents to engage in, discrimination in employment of persons because of their race religion, color, national origin, ancestry, age, mental or physical disability, medical condition marital status, sexual gender or sexual orientation, or any other status protected by law, except 6 permitted pursuant to Section 12940 of the Government Code. Violation of this provision ma 7 result in the imposition of penalties referred to in Labor Code, Section 1735. 8 1.6. Conflicts of Interest 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 During the term of this Agreement, Consultant shall at all times maintain a duty 0 loyalty and a fiduciary duty as to the City and shall 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 shall obtain and maintain during the term of this Agreement, a valid Cit Business Registration Certificate. COMPENSATION AND BILLING 2.1. Payment and Provision for Payment Basic compensation to be paid under this agreement shall be two dollars and fifty-nin cents ($2.59) per eligible employee per month not to exceed thirty-five thousand doll ($35,000) annually for two (2) years with the option of one (I) one-year extension as provided i paragraph 3.1. City shall pay Consultant a sum not to exceed two thousand nine hundred doll ($2,900) per month commencing September.J, 2006, and ending August 31, 2008. Consultan shall submit an invoice for services rendered, which coincides with its monthly reports as se 2.0 forth in Section 2.3. Payment shall be made by City within thirty (30) days from the date of eac invoice. Upon execution of this Agreement, pretreatment and counseling services shall be mad available at no cost to City employees and their families. If Consultant needs to refer an 4 . . . individuals covered under this Agreement to another professional individual or agency, the cos 2 incurred for such other professional service shall be solely the responsibility of the individua 3 employee; City shall have no liability thereafter. Every effort will be made to refer employees t 4 free services or agencies providing services covered by available insurance, or those agencie 5 that operate on an ability-to-pay basis. 6 2.2. Records and Audits 7 Records of Consultant's services relating to this Agreement shall be maintained i 8 accordance with generally recognized accounting principles and shall be made available to Cit 9 for inspection and/or audit at mutually convenient times for a period of three (3) years from th 10 Effective Date. II Reports bv Consultant 2.3 12 Consultant shall submit to City monthly reports with its bill for services. Such repo 13 shall: (a) accurately describe in general terms services provided during the contract period, bu 14 with no individually identifiable information, referable to any individual client. Such report shal 15 be provided only for audit purposes; (b) provide numerical usage reports to the City for th 16 purpose of evaluating the effectiveness of the Employee Assistance Program; and (c) in addition 17 Consultant shall submit to the City monthly reports of their staff, providing the City wit 18 accurate information of their relationship to the Employee Assistance Program. 19 3.0 TERM AND TERMINATION 20 3.1. Term 21 The term of this agreement shall commence on execution of this agreement by bot . 22 parties. The anticipated term of the agreement is two (2) years commencing September I, 2006 23 with the option of one (1) one-year extension upon the expressed written consent of Consultan 24 to such extension and the approval thereofby the City Manager. 25 5 . . . 3.2. Terminated by City of San Bernardino 2 Notwithstanding any other provision of this agreement, the City by notifying in writing 3 may terminate all or a portion of the services agreed to be performed under this Agreement wit 4 or without cause. Consultant shall be given two (2) days written notice for failure of Consultan 5 to perform obligations under the contract in a satisfactory manner, and thirty (30) days writte 6 notice if termination is for other reasons. Notice shall be mailed to the address set forth herein fo 7 the receipt of notices. In the event of any termination, Consultant shall have the right an 8 9 obligation to immediately assemble work in progress and forward same to the City. All charge to outstanding at the time of termination shall be payable by the City to Consultant within thirty 11 five (35) days following submission of final statement by the Consultant. t2 4.0 INSURANCE \3 Minimum Scope and Limits ofInsurance 4.1. 14 Consultant shall obtain and maintain during the term of this Agreement all of th 15 following insurance coverages: 16 (a) Comprehensive general liability, including premises-operations, t7 products/completed operations, broad form property damage, blanket 18 contractual liability, independent contractors, personal injury with a policy 19 limit of not less than One Million Dollars ($1,000,000.00), combined 20 single limits, per occurrence and aggregate. 21 Automobile liability for owned vehicles, hired, and non-owned vehicles, " (b) 22 with a policy limit of not less than One Million Dollars ($1,000,000.00), 23 24 combined single limits, per occurrence and aggregate. 25 (c) Workers' compensation insurance as required by the State of California. 6 . 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 . 2 3 4 5 6 7 8 9 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 (d) 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 describ~ above, in a form and content approved by City, prior to performing any services under this Agreement. 7 . 9 10 II 12 13 . 14 15 16 17 18 19 20 21 22 . 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 8 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 CONSULTANT Linnea Livingston Director of Human Resources City of San Bernardino 300 North D Street San Bernardino, CA 92418 PacificarelUnited Behavioral Health 3100 Lake Center Dr. Mail Stop LC03-225 Santa Ana, CA 92704 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 OJ! behalf of the City shall be considered attorney' 23 fees for purposes of this paragraph. 24 25 8 . 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 . 2 3 4 5 6 7 8 9 10 5.4. Governing Law This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body oflaws pertaining to conflict oflaws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 5.5. Amendments This Agreement may be amended or modified only by written agreement executed b both parties. 5.6. Assignment Consultant's rights under this Agreement shall not be assigned by Consultant to any othe person, firm or corporation without the prior written consent of the City. 5.7. Indemnification Consultant shall protect, defend, indemnify and hold harmless City and its elected an appointed officials, boards, commissions, officers, attorneys, agents and employees from any an all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses including attorney fees, damage to property or injuries to or death of any person or persons 0 damages of any nature including, but not limited to, all civil claims or workers' compensatio claims arising from or in any way related to Consultant's performance under this Agreement except when caused solely by the City's negligence. 5.8. Indeoendent Contractor Consultant, at all times while performing under this Agreement, is and shall be acting a all times as an independent contractor and not as an agent or employee of City. Consultant shal 9 . . . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 secure, at its expense, and be responsible for, any and all payment of wages, benefits and taxe including, but not limited to, Income Tax, Social Security, State Disability Insuranc Compensation, Unemployment Compensation, and other payroll deductions for Consultant an its officers, agents, and employees, and all business licenses, if any are required, in connectio with the services to be performed hereunder. Neither Consultant nor its officers, agents an employees shall be entitled to receive any benefits which employees of City are entitled t receive and shall not be entitled to workers' compensation insurance, unemploymen compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profi sharing or social security on account of Consultant and its officers' agents' and employees' wor for the City. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the City and Consultant. 5.9. Acceptance of Final Pavrnent Constitutes Release The acceptance by Consultant of the final payment made according to the terms of thi Agreement shall operate and be a release to the City, and its elected and appointed boards officers, employees and agents thereof, from all claims and liabilities to Consultant for anythin done or furnished for or relating to the work or services, or for any act or failure to act of the Cit relating to or arising out of work and this Agreement. 5.10. Bilingual Interoreter Consultant shall provide an English/Spanish bilingual interpreter as needed, with English/Spanish bilingual counselor being preferred. 5.11. Prohibited Emolovrnent Consultant shall not employ any employee of City while this Agreement is in effect. 10 . II 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 . 2 3 4 5 6 7 8 9 10 5.12. Costs Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 5.13. Headings Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 5.14. Construction The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 5.15. Waiver The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. II . . . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5.16. Severabilitv If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shan not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions ofthis Agreement shan remain in fun force and effect. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materiany impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shan be final and binding, then both parties agree to substitute such provision(s) through good faith negotiations. 5.17. Corporate Authoritv The persons executing this Agreement on behalf of the parties hereto warrant that the are duly authorized to execute this Agreement on behalf of said parties and that by doing so, th parties hereto are formany bound to the provisions of this Agreement. 5.18. Conflict of Interest Disclosures The City or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (I) requires such persons to disclose financial interest that may be materiany affected by the work performed under this Agreement, and (2) prohibit such persons from making or participating in making decisions that win have a foreseeabl financial affect on such interest. The City shan conform to an requi,fements of the Act. Failure to do so constitutes material breach and is grounds for termination of the Agreement by Consultant. 12 . . . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6.0. CONFIDENTIALITY 6.1. Confidentialitv to be Assured Consultant shall maintain the confidentiality of all employees referred for or voluntaril seeking counseling services. The parties recognize that the cornerstone of every successfu Employee Assistance Program is the pledge of confidentiality; without confidentiality there is n credibility. Employees will not reveal their personal problems if there are no clear lega guidelines about confidentiality. Consultant shall assure that all personal information imparte by a counselee to a counselor will be respected and safeguarded. Such information may be use 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 and federal and state laws and regulations. Consultant shall maintain in good order a fire an burglar alarm system to protect its records. Consultant will not reveal to any person or entity except pursuant to a valid order by a court of appropriate jurisdiction, the names or identities 0 employees or family members who come to the program voluntarily or who, having bee referred, agree to accept counseling services, except to confirm on a one-time basis only that employee kept an appointment made for him or her by a supervisor or other City official. ." 13 . . . IN WITNESS WHEREOF, this agreement has been executed by the parties effective of the date and year first above written. 2 ATTEST: 3 4 5 6 Rachel Clark, City Clerk 7 8 9 10 II 12 Approved as to form: \3 JAMES F. PENMAN City Attorney 14 15 16 By: 17 CITY OF SAN BERNARDINO Municipal Corporation and Charter City Patrick Morris, Mayor CONSULTANT: By: 18 HRJ Agenda Items:Reso.PacifiCare/Uniled Behavioral Health 19 20 21 22 .' 23 24 25 14