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HomeMy WebLinkAbout27-Risk Management - .... -CITY OF SAN BER~RDINO - REQUEST O>R COUNCIL ACTION From: Victor F. Lorch Director of Risk Management Dept: April 6, 1993 Subject: Agreement wi th the Counsel i ng Team to provide counseling services for City employees for FY 93/94. Date: Synopsis of Previous Council action: Adopted Resolution #88-335 Adopted Resolution #90-11 Adopted Resolution #92-191 Recommended motion: Adopt Resolution Signature :ontact penon: Jan Burch. R.N. Phone: x5308 upportln, data attached: yes Ward: UNOINO REOUIREMENTS: Amount: $34,200.00 Sourca: (ACCT. NO.) 678-452 - 5 315 0 (=. "SCRIm",,) P"f"'~'2" Finance: { _c-e- uncll Not..: -- ..., - CITY OF SAN BER~RDINO - REQUEST (YR COUNCIL ACTION STAFF REPORT Over the past six years, the City has had a contractual relationship with the Counseling Team to provide psychological counseling and support services. This program, initiated by our City Nurse in Risk Management, has been part of preventive, pro- active health service to the employees of the City. The program has now expanded to include crisis intervention and stress reduction efforts. The 93/94 contract adds a total of six (6) educational workshops per year, clarifies dispatch time as the time to start for billing purposes, and adds Economic Development Agency and City of San Bernardino Water Department, Board of Water Commissioners to be named as additional insured. Employees have used the service in increasing numbers for a wide variety of reasons ranging from suicide to financial counseling and family issues to substance abuse. Currently, the use is about 50 to 55 hours per month. The proposed agreement is for twelve months and is the same as 12 months for $34,200. Other terms remain the same, such as having an interpreter, maintaining confidentiality, timely reports and emergency call-out. It is recommended that you adopt the resolution authorizing entering into this agreement. 75-0264 o o 1 2 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF AN AGREEMENT WITH THE COUNSELING TEAM TO PERFORM 4 COUNSELING SERVICES FOR THE EMPLOYEES OF THE CITY OF SAN BERNARDINO. 5 6 7 8 9 10 11 12 13 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an agreement with the Counseling Team to perform counseling services for the employees of the City of San Bernardino, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization execute the above to 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I I I I I I I I I I I I I I I I I I I I I I I I o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 " RESOLUTION OF THE C;ITY OF SAN BERNARDINO AUTHORIZING THE EXECUTI'ON OF AN AGREEMENT WITH THE COUNSELING TEAM TO PERFORM COUNSELING SERVICES FOR THE EMPLOYEES OF THE CITY OF SAN BERNARDINO. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1993, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of , 1993. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT THIS AGREEMENT is made and entered into this day of , 1993, by and between the CITY OF SAN BERNARDINO, a municipal corporation, 300 North '0' Street, San Bernardino, California 92418, (herein referred to as 'City'), and The counseling Team (herein referred to as 'Consultant') 225 West Hospitality Lane, Suite 100, San Bernardino, California 92408. City and Consultant agree as follows: 1. General OescriDtion of Work to be Done. City hereby engages Consultant, and Consultant hereby accepts such engagement, to perform the services herein described for the compensation herein provided. Consultant hereby assures and covenants to City that they have the qualifications, experience and facilities to properly perform said services, and hereby agrees to undertake and complete the performance thereof for the compensation herein provided. 2. Term. The term of this agreement shall commence on execution of this agreement by both parties. The anticipated term of the agreement is twelve (12) months ending June 30, 1994. However, this agreement may be extended on a month-to-month basis for a maximum of six (6) additional months upon the expressed written consent of Consultant to such extension and the approval thereof by the City Administrator. 3. PaYment and provision for P~vment. A. Maximum compensation 1 .- April 6, 1993 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) Basic compensation to be paid under this agreement shall be thirty four thousand two hundred dollars ($34,200) for scope of work as outlined in section 4 of this agreement. city shall pay Consultant a sum not to exceed $2,850.00 per month commencing July 1, 1993. Consultant shall submit an invoice for services rendered which coincides with its monthly reports as set forth in section 5. Payment shall be made by city within twenty (20) days from the date of each invoice. Upon execution of this agreement, pre-treatment and counseling services shall be made available at no cost to City employees and their families. If Consultant needs to refer any individuals covered under this agreement to another professional individual or agency, the cost incurred for such other professional service shall be solely the responsibility of the individual employee; City shall have no liability therefore. Every effort will be made to refer employees to free services or agencies providing services covered by available insurance, or those agencies which operate on an ability- to-pay basis. 4. General DescriDtion of Work to be Done. Consultant hereby agrees to perform the following services: A. Conduct a preliminary evaluation and provide counseling services upon request to any City employee and members of their family residing with the employee. "City employees" shall include employees of the Economic Development Agency of the City of San Bernardino and the Water Department of San Bernardino. "Members of the family" shall include spouse, son, daughter, stepson, 2 .- April 6, 1993 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 " stepdaughter, mother', father, mother-in-law, father-in-law, nephews and nieces if residing in the same household and dependent upon the employee. B. A request for services shall be responded to within 24 hours. An emergency or life-threatening situation shall be responded to immediately. C. Provide follow-up of said employees and/or their family members under treatment. D. Provide consultations with supervisors regarding problem employees and/or any aspect of the Employee Assistance Program. E. Provide supervisory training relative to employee Assistance Program referral procedures. F. Conduct education seminars and briefings for all levels of management concerning services provided by the Employee Assistance Program. G. Conduct educational workshops on a variety of topics, as stated by The counseling Team to all departments covered under the terms of this contract. The total number of workshops for the City per fiscal year is limited to six (6), unless The Counseling Team approves a special request by the EAP co-ordinator, Risk Management. H. Assist management in development of policies and procedures for Employee Assistance Program. I. Assist management in introducing the Employee Assistance Program to aforementioned employees. J. Provide critical Incident Intervention services for the April 6, 1993 3 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 city. The first ,'fifteen hours of intervention work will be included in the basic annual cost shown in section 3. Additional intervention work will be billed at $100.00 per hour per counselor, and will begin at the time the counselor/counselors are called from dispatch. A Crisis Intervention form will be completed by the designated authority, and a completed and signed copy given to the counselor/counselors. This form will be routed to Risk Management Occupational Health, by the department for approval of The Counseling Team's services. 5. ReDorts bv Consultant. Consultant shall submit to city monthly reports with its bill for services. Such report shall: (a) accurately describe in general terms services provided during the contract period, but with no individually identifiable information, referable to any individual client. Such report shall be provided only for audit purposes. (b) provide numerical usage reports to the City for the purpose of evaluating the effectiveness of the Employee Assistance Program. 6. Amendments. This agreement may be amended or modified only by written agreement executed by both parties. 7. Assianment. Consultant's rights under this agreement shall not be assigned by Consultant to any other person, firm or corporation without the prior written consent of the City. 8. RelationshiD of Parties. April 6, 1993 4 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 April 6, 1993 o 5 .- o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Consultant's legal" relationship with city being categorized as other than that of an independent contractor. 10. Attornev's Fees. In the event an action is filed by either party to enforce rights under this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees in addition to any other relief granted by the court. 11. Terminated bv Citv. 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 with or without cause. Consultant shall be given five (5) days written notice for failure of Consultant to perform obligations under the contract in a satisfactory manner, and thirty (30) days written notice if termination is for other reasons. Notice shall be mailed posted to the address set forth herein for the receipt of notices. In the event of any termination, Consultant shall have the right and obligation to immediately assemble work in progress and forward same to the city. All charges outstanding at the time of termination shall be payable by the City to Consultant within thirty-five (35) days following submission of final statement by the Consultant. 12. Acc~ntance of Final P~vment Constitutes Release. The acceptance by Consultant of the final payment made according to the terms of this Agreement shall operate and be a release to the City, and every employee and agent thereof, from all April 6, 1993 6 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o claims and liabilities to consultant for anything done or furnished for or relating to the work or services, or for any act or failure to act of the city relating to or arising out of work and this agreement. 13. Confidentialitv to be Assured. Consultant shall maintain the confidentiality of all employees referred for or voluntarily seeking counseling services. The parties recognize that the cornerstone of every successful Employee Assistance Program is the pledge of confidentiality; without confidentiality there is no credibility. Employees will not reveal their personal problems if there are no clear legal guidelines about confidentiality. Consultant shall assure that all personal information imparted by a counselee to a counselor will be respected and safeguarded. Such information may be used only in a professional manner for the purpose of helping in rehabilitating the worker. Consultant'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 burglar alarm system to protect its records. Consultant will not reveal to any person or entity, except pursuant to a valid subpoena, the names or identities of employees or family members who come to the program vOluntarily or who, having been referred, agree to accept counseling services, except to confirm on a one-time basis only that an employee kept an appointment made for him or her by a supervisor or other City official. 14. Insurance. April 6, 1993 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ ~ ~ 26 27 ~ o o Consultant shall provide to city evidence of insurance covering Consultant and City as an additional insured as to any potential liability to Consultant and City. The evidence to be provided shall be a certificate of Insurance describing the coverage provided and naming the city of San Bernardino, Economic Development Agency and city of San Bernardino Water Department, Board of WaterCommissioners as an additional insured. The insurance shall consist of the following: (a) Workers' Compensation. Consultant shall provide proof of Workers' Compensation insurance coverage for all of its employees pursuant to this agreement. Evidence of such insurance shall be furnished to City's Risk Management Division prior to commencement of this agreement. (b) Professional Liability Insurance. Professional liability insurance covering the professional service provided by Consultant, including coverage for professional errors and omissions, in a combined single limit of not less than $1,000,000.00 per person. 15. Bilinaual Intercreter. Consultant shall provide an English/Spanish bilingual interpreter as needed, with an English/Spanish bilingual counselor being preferred. 16. Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the united states mail, postage prepaid, and addressed as follows: .- April 6, 1993 8 o o 1 CITY CONSULTANT 2 3 4 5 6 7 8 9 10 I 11 I 12 I 13 I I I I I I I I I I I I I I I Rachel Clark, City Clerk City of San Bernardino 300 North 'D' Street San Bernardino, Ca 92418 The Counseling Team 225 West Hospitality Lane, suite 100 San Bernardino, Ca 92408 17. Entire Aareement. This contract constitutes the entire Agreement between City and Consultant and may be modified only by further written agreement between the parties. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 April 6, 1993 9 . AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNSELING TEAM TO PE~RM SERVICES FOR THE EMPL~~S OF SAID CITY. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 April 6, 1993 IN WITNESS WHEREOF, this agreement has been executed by the parties effective as of the date and year first above written. ATTEST: CITY OF SAN BERNARDINO Municipal Corporation of the State of California Rachel Clark, City Clerk W. R. HolCOmb, Mayor CONSULTANT: By: THE COUNSELING TEAM Approved as to form and legal content: JAMES F. PENMAN city At orney .~ by: 10