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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From:
EDWARD S. RAYA
Subject:
RESOLUTION OF THE CITY OF
SAN BERNARDINO AWARDING A
SERVICE AGREEMENT AND AN
ANNUAL PURCHASE ORDER IN AN
AMOUNT NOT TO EXCEED $50,000
TO THE COUNSELING TEAM
Date:
JULY 1, 2002
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Dept:
HUMAN RESOURCES
Synopsis of Previous Council Action:
On September 5, 2000, the Mayor and Common Council adopted Resolution No. 2000-280, a
Resolution authorizing the execution of an agreement with the Counseling Team to perform
counseling services for the employees of the City of San Bernardino.
On June 20, 1994, the Mayor and Common Council adopted Resolution No. 94-161, a
Resolution authorizing an agreement with the Counseling Team to perform counseling services
for the employees.
Recommended Motion:
Adopt Resolution.
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Contact Person:
Edward S. Rava
Phone:
384-5161
Supporting Data Attached:
Yes
Ward:
Source: (Acet No)
$50.000
678-452-5502
FUNDING REQUIREMENTS:
Amount:
(Acet Description)
Consultant Services
Finance:
Council Notes:
1? -ffirI>> dOOd -,,95')
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Agenda Item NO.J!J
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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution of the City of San Bernardino awarding a service agreement and an annual purchase
order in an amount not to exceed $50,000 to The Counseling Team.
BACKGROUND
Since 1986, The Counseling Team has provided psychological counseling and support services
for City employees. This program, initiated by Human Resources, has provided preventive and
proactive health services to City employees. The program was designed to provide employees
free crisis counseling and intervention before transitioning them to their private health carriers.
It has now expanded to include critical incident debriefing for Police and Fire employees, stress
management classes, team building, peer support training and financial counseling. All
individual employee counseling is confidential.
There is no limit to the number of City employees who can utilize the service per month.
Utilization reports indicate that . the average current use is .approximately 70 to, 80 hours per
month for employee counseling and approximately 50 to 60 hours per year for critical incident
debriefing. The cost to the City for these services is $3,245 per month for the counseling
services and $150 per hour for critical inciderit debriefing. The costs for critical incident
debriefing may vary because the need for this service arises from unknown circumstances that
the officers may face from day-to-day. To minimize interruption in service, the contract
agreement amount is $50,000, which includes any additional costs that may be incurred due to
critical incident debriefings.
The Counseling Team is located in San Bernardino and is the only local provider of employee
assistance programs. Local access for employees is critical to the success of the program, as a
result, this is considered a selected source. It is important to have the provider located in or near
the City of San Bernardino so City employees have quick and immediate access to the
counseling services.
Awarding of a service agreement and an annual purchase order to The Counseling Team will
allow the continued operation of these vital services without interruption. The purchase order
will be for one (1) year with the option of two (2), one-year extensions and will commence on
September 1, 2002.
FINANCIAL IMPACT
The funds for this program ($50,000) are included in the FY 2002/03 Risk Management Budget
in Account No. 678-452-5502 (Professional Contractual Services).
RECOMMENDATION
Adopt Resolution.
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Resolution No
RESOLUTION OF THE CITY OF SAN BERNARDINO A WARDING A SERVIC
AGREEMENT AND AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT T
EXCEED $50,000 TO THE COUNSELING TEAM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and the Common Council of the City of San Bernardino i
hereby authorized to execute a service agreement and authorize the Purchasing Manager to issu
an annual purchase order in an amount not to exceed fifty-thousand dollars ($50,000) to Th
Counseling Team for continued employee counseling services. The annual purchase order is fo
one (1) year with the option of two (2), one-year extensions, commencing on September 1, 2002.
SECTION 2. The authorization to execute the above referenced is rescinded if it is no
issued within sixty (60) days ofthe passage of this resolution.
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO A WARDING A SERVIC
AGREEMENT AND AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT T
2 EXCEED $50,000 TO THE COUNSELING TEAM.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
5 the Common Council of the City of San Bernardino at a
meeting thereof, hel
6 on the
day of
, 2002, by the following vote, to wit:
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COUNCILMEMBERS:
ESTRADA
LIEN
10 MCGINNIS
AYES
NAYES
ABSTAIN ABSENT
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11 DERRY
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SUAREZ
ANDERSON
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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,2002.
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Judith Valles, Mayor
City of San Bernardino
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Approved as to form and
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Legal content:
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JAMES F. PENMAN,
City Attorney
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AGREEMENT
THIS AGREEMENT is made and entered into this
day of August 2002, by an
between the CITY OF SAN BERNARDINO, a municipal corporation, 300 North D Street, S
Bernardino, California, 92418, (herein referred to as "City"), and THE COUNSELING TE
(herein referred to as "Consultant"), 1881 Business Center Drive, Suite 11, San Bernardino
California, 92408. City and Consultant agree as follows:
1. General Descriotion of Work Performance
City hereby engages Consultant, and Consultant hereby accepts such engagement, t
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
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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.
15 2. Term
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The term of this agreement shall commence on execution of this agreement by bo
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parties. The anticipated term of the agreement is twelve (12) months commencing September 1
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2002, with the option of two (2), one-year extensions upon the expressed written consent 0
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Consultant to such extension and the approval thereof by the Mayor.
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3.
Payment and Provision for Payment
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A. Maximum Comoensation
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Basic compensation to be paid under this agreement shall be fifty thousand doll
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($50,000) annually for one (1) year, as outlined in Section 4 of this agreement. City shall pa
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Consultant a sum not to exceed three thousand, two hundred forty-five dollars ($3,245) p
month commencing September 1, 2002 and ending June 30, 2003. The Counseling Team shal
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provide psychological services and will maintain itemized records on a "fee for services" basis
Additionally, the City shall pay Consultant a sum not to exceed one hundred fifty doll
($150.00) per hour for critical incident debriefing. Consultant shall submit an invoice fo
services rendered, which coincides with its monthly reports as set forth in Section 5. Paymen
shall be made by City within twenty (20) days from the date of each invoice. Upon execution 0
this agreement, pretreatment and counseling services shall be made available at no cost to Cit
employees and their families. If Consultant needs to refer any individuals covered under thi
agreement to another professional individual or agency, the cost incurred for such othe
professional service shall be solely the responsibility of the individual employee; City shall hav
no liability thereafter. Every effort will be made to refer employees to free services or agencie
providing services covered by available insurance, or those agencies that operate on an ability-to
pay basis.
4. General Description of Work Performance
Consultant hereby agrees to perform the following services:
Conduct a preliminary evaluation and provide counseling services upon request t
A.
any City employee and members of their family residing with the employee. "City employees'
shall include employees of the City of San Bernardino, the City of San Bernardino Economi
Development Agency and the City of San Bemardino Municipal Water Department. "Memb
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 dependen
upon the employee.
B. A request for services shall be responded to within twenty-four (24) hours.
emergency or life-threatening situation shall be responded to immediately.
Provide follow-up of said employees and/or their family members unde
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Provide consultations with supervisors regarding problem employees and/or ail
aspect of the Employee Assistance Program.
Provide supervisory training relative to Employee Assistance Program refe
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procedures.
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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
Counseling Team to all departments covered under the terms of this contract. The total numb
of workshops for the City per fiscal year is limited to six (6), unless The Counseling Te
Assistance Program.
13 approves a special request by the Employee Assistance Program coordinator (Director of Hum
14 Resources).
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H.
Assist City management in development of policies and procedures for Employe
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Assist City management in introducing the Employee Assistance Program t
aforementioned employees.
J. Provide Critical Incident Intervention services for the City. The first fifteen (15
hours of intervention work will be included in the basic annual cost shown in Section 3
Additional intervention work will be billed at one hundred fifty dollars ($150) per hour p
counselor, and will begin at the time the counselor/counselors are dispatched.
Intervention form will be completed by the designated authority, and a completed and sign
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copy given to the counselor/counselors. This form will be routed to Risk Managemen
Occupational Health by the department for approval of The Counseling Team's services.
5. 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; (c) in addition
Consultant shall submit to the City monthly reports of their staff, providing the City wi
accurate information of their relationship to the Employee Assistance Program.
12 6.
Amendments
13 This agreement may be amended or modified only by written agreement executed b
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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.
7.
8. Relationship of Parties
Consultant is acting as an independent contractor, and not as an employee of the City.
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the performance of personal services pursuant to the provisions of this agreement, Consultan
shall not be supervised, directed or under. the control or authority of any City officer 0
employee, except and to the extent as may be expressly or implicitly required by the terms an
provisions of this agreement. Any direction or control so required under this agreement shall b
limited to broad objectives or goals of the project or program to be accomplished and not to th
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details and procedures to accomplish such objectives or goals. Consultant shall not be obligate
to conform to the supervision or direction of City officers or employees, which are no
authorized herein. Changes or modifications of said objectives and goals may be made b
written recommendations of either party subject to the concurrence of the other party in writing.
9. Hold Harmless
Consultant hereby agrees to and shall hold City and its elective and appointive boards
commissions, officers, attorneys, agents and employees, harmless from any liability for damag
or claim for damage for personal injury, including death, as well as from Consultant's operation
under this agreement. Consultant agrees to and shall defend City and its elective and appointiv
boards, commissions, officers, agents and employees from any suit or actions at law or in equit
for damages caused or alleged to have been caused by any reasons of Consultant's performanc
13 hereunder including any claims that may arise against City by reasons of Consultant's lega
14 relationship with City being categorized as other than that of an independent contractor.
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10.
Attornev'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'
fees for purposes of this paragraph.
11. Terminated bv City 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 wi
or without cause. Consultant shall be given two (2) days written notice for failure of Consultan
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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 posted to the address set fo
herein for the receipt of notices. In the event of any termination, Consultant shall have the righ
and obligation to immediately assemble work in progress and forward same to the City. Al
charges outstanding at the time of termination shall be payable by the City to Consultant withi
thirty-five (35) days following submission of final statement by the Consultant.
12. Acceotance of Final Pavment 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 every employee and agent thereof
from all claims and liabilities to Consultant for anything done or furnished for or relating to th
work or services, or for any act or failure to act of the City relating to or arising out of work an
13 this agreement.
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Confidentiality 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 leg
guidelines about confidentiality. Consultant shall assure that all personal information impart
by a counselee to a counselor will be respected and safeguarded. Such information may be us
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
federal regulations and state laws. Consultant shall maintain in good order a fire and burgl
alarm system to protect its records. Consultant will not reveal to any person or entity, excep
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pursuant to a valid order by a court of appropriate jurisdiction, the names of identities 0
employees or family members who come to the program voluntarily or who, having be
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.
14. Insurance
Consultant shall provide to City evidence of insurance covering Consultant and City
an additional insured as to any potential liability to Consultant and City. The evidence to b
provided shall be a Certificate of Insurance describing the coverage provided and naming th
City of San Bernardino, the City of San Bernardino Economic Development Agency and City 0
San Bernardino Municipal Water Department, Board of Water Commissioners as an addition
insured by endorsement. This Certificate of Insurance shall not be terminated or materiall
altered without ten (10) days' advance written notice to the City of San Bernardino. Th
insurance shall consist of the following: (a) Workers' Compensation. Consultant shall provid
proof of Workers' Compensation insurance coverage for all of its employees pursuant to thi
agreement. Evidence of such insurance shall be furnished to City's Risk Management Divisio
prior to commencement of this agreement; (b) General Liability Insurance and Professiona
Liability Insurance covering the professional services provided by Consultant, includin
coverage for errors and omissions, with a combined single limit of not less than one millio
dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) aggregate.
15.
Bilingual Interoreter
Consultant shall provide an English/Spanish bilingual interpreter as needed, with
English/Spanish bilingual counselor being preferred.
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1 16.
Notices
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Any notice required to be given hereunder shall be deemed to have been given b
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depositing said notice in the United States mail, postage prepaid and addressed as follows:
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CONSULTANT
CITY
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Rachel Clark, City Clerk
7 City of San Bernardino
300 North D Street
8 San Bernardino, CA 92418
The Counseling Team
1881 Business Center Drive, Suite 11
San Bernardino, CA 92408
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17.
Entire Agreement
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This contract constitutes the entire Agreernent between City and Consultant and may b
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modified only by further written agreement between the parties.
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Conflict of Interest
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A. The City or its employees may be subject to the provisions of the Californi
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Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financi
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interests that may be materially affected by the work performed under this Agreement, and (2
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prohibits such persons from making or participating in making decisions that will foreseeabl
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fmancially affect such interest.
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B. The City shall conform to all requirements of the Act. Failure to do so constitute
a material breach and is grounds for termination of the Act. Failure to do so constitutes
material breach and is grounds for termination of the Agreement by Consultant.
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Notices
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Any notice required to be given hereunder shall be deemed to hay
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depositing said notice in the United States mail, postage prepaid and addressed ~
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CITY
CONSULTANT
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Rachel Clark, City Clerk
7 City of San Bernardino
300 North D Street
8 San Bernardino, CA 92418
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The Counseling Team
1881 Business Center Driw
San Bernardino, CA 92408
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Entire Agreement
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This contract constitutes the entire Agreement between City and Cons\:
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modified only by further written agreement between the parties.
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Conflict of Interest
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A.
The City or its employees may be subject to the provisions '
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Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
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interests that may be materially affected by the work performed under this Af
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prohibits such persons from making or participating in making decisions that
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financially affect such interest.
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B. The City shall conform to all requirements of the Act. Failure to
a material breach and is grounds for termination of the Act. Failure to do
material breach and is grounds for termination of the Agreement by Consultant.
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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND T
COUNSELING TEAM TO PERFORM SERVICES FOR THE EMPLOYEES OF SAID CITY.
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3 IN WITNESS WHEREOF, this agreement has been executed by the parties effective
4 of the date and year first above written.
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6 ATTEST:
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Rachel Clark, City Clerk
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15 Approved as to form
And legal content:
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JAMES F. PENMAN
17 City Attorney
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22 HR/Agenda Items:Reso.The.Counseling.Team
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CITY OF SAN BERNARDINO
Municipal Corporation of
State of California
Judith Valles, Mayor
CONSULTANT: .
By:
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. . CITY CLERK
300 North "D" Stred' San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
'"
August 12,2002
The Counseling Team
1881 Business Center Drive, Suite II
San Bernardino, CA 92408
Dear Sir or Madam:
At the Mayor and Common Council meeting of August 5, 2002, the City of San Bernardino
adopted Resolution 2002-257 - Resolution awarding a service agreement and an annual
purchase order in an amount not to exceed $50,000 to The Counseling Team.
Enclosed is one (l) original agreement. Please sign in the appropriate location and return the
executed agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by October 4, 2002.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
I
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Michelle Taylor'
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
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nm COIJNSELING TEAM
August 14,2002
City of San Bernardino
A TIN: Michelle Taylor
Senior Secretary
300 North "D" Street
San Bernardino, Ca 92418-0001
Dear Ms. Taylor:
Thank you for sending the copy of the Professional Services Agreement for me to sign.
Weare honored to have again been the recipient of the city's contract award. It is a
pleasure to be doing business with the City of San Bernardino for another year.
Enclosed, please find the signed document, you requested.
If you should have any questions or require additional information, please do not hesitate
to contact me at (909) 884-0133.
~Ol'
Bonnie "Spitz" Spitzer
Business Manager
->
Enclosures
BSS:ts
1881 Business Center Drive, Suite 11 . San Bernardino, CA 92408. (909) 884-0133. Fax (909) 384-0734
".
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 20, 2002
TO:
Edward S. Raya, Director of Human Resources
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-257 - The Counseling Team
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the services agreement with The Counseling Team to
perform counseling services for the employees. The original agreement is on file in the City
Clerk's Office.
If you have any questions, please call me at ext. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~-5-0;)
Abstain
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Absent -e-
Vote:
Ayes
/-f!
Nays
Item #
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Resolution #
Change to motion to amend original documents:
Reso_ # On Attachments: ~ Contract tema: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NullNoid After: (,,0 01','-1) I Ie>-- +-Od
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By: -
Date Sent to Mayor: 'i? -,\-0;)
Date of Mayor's Signature: ':j(~-oo>
Date ofClerk/CDC Signature: \S"k-ud-
Reso. Log Updated: /
Seal Impressed: y"
Date Memo/Letter Sent for Signature: \( - (;). -0 ;;>-
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:/ Date Returned: '-1"-0.)
See Attached:
See Attached:
Request for Council Action & Staff Report Attached: Yes 1...
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
No By
No --L- By
No./ By
No'/ By
No~ B
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
EDA
Finance ,.-'
MIS
Others:
H.K.
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: f'rr(
Date: ~- dO --od
Revised 0 I /12/0 I