HomeMy WebLinkAbout34-Risk Management
CITY OF SAN BERNQDINO - REQUEST Fblt COUNCIL ACTION
From:
VICTOR LORCH, DIRECTOR
Subject:
AGREEMENT
COUNSELING
PROVIDE
SERVICES FOR
EMPLOYEES.
WITH
TEAM TO
COUNSELING
CITY
THE
Dept:
RISK MANAGEMENT
Date:
JUNE 20, 1991
Synopsis of Previous Council action:
Adopted Resolution #88-335
Adopted Resolution #90-11.
Recommended motion:
Adopt Resolution.
Signature
Contect person:
Victor F. Lorch
Phone:
5308
upporting date attached:
Yes
Ward:
UNDING REQUIREMENTS:
Amount: $34.200.00
Source: (Acct. No.) 001-451-53150 (over 12 months)
Acct. Descri tion P rofes s i ana 1 Cant ractu a 1 Serv ices
Finance:
uncil Notes:
...n~""
..." II
CITY OF SAN BERN~INO - REQUEST F&\ COUNCIL ACTION
STAFF REPORT
Over the past four years, the City has had a contractual
relationship with the Counseling Team to provide psycholog-
ical counseling and support services. This program, ini-
tiated 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 inter-
vention and stress reduction efforts.
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 agreement.
5-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNSELING TEAM TO PERFORM
COUNSELING SERVICES FOR THE EMPLOYEES OF THE CITY OF SAN
BERNARDINO.
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 ser-
vices 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 to execute the above refer-
13 enced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
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RESOLUTION ..<:>TO ADOPT AGREEMENT WITH ~ COUNSELING TEAM
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, I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San
Ber-
nardino at a
meeting thereof, held on the
, 1991, by the following vote, to wit:
4 day of
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6 Council Members
7
AYES
NAYS
ABSTAIN
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
City Clerk
18 The foregoing resolution is hereby approved this
19 day of , 1991.
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w. R. HOLCOMB, MAYOR
city of San Bernardino
Approved as to form and
legal content:
JAMES F. PENMAN
City ttorney
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AGREEMENT
THIS AGREEMENT is made and entered into this day
of , 1991, by and between the CITY OF
SAN BERNARDINO, a municipal corporation, 300 North D 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 Description 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, 1992.
However, this agreement may be extended on a month-to-month
basis for a maximum of six (6) additional months upon the
expressed written consent of Consultant to such extension and
the approval thereof by the City Administrator.
3. Payment and Provision for Payment.
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2 A. Maximum Compensation
3 (1) Basic compensation to be paid under this
4 aqreement shall be thirty four thousand two hundred dollars
5 ($34,200) for scope of work as outlined in Section 4 of this
6 aqreement. City shall pay Consultant a sum not to exceed
7 $2,850.00 per month commencinq July 1, 1991. Consultant shall
8 submit an invoice for services rendered which coincides with
9 its monthly reports as set forth in Section 5. Payment shall
10 be made by City within twenty (20) days from the date of each
11 invoice. Upon execution of this aqreement, pre-treatment and
12 counselinq services shall be made available at no cost to City
13 employees and their families. If Consultant needs to refer
14 any individuals covered under this aqreement to another
15 professional individual or aqency, the cost incurred for such
16 other professional service shall be solely the responsibility
17 of the individual employee; City shall have no liability
18 therefore. Every effort will be made to refer employees to
19 free services or aqencies providinq services covered by
20 available insurance, or those aqencies which operate on an
21 ability-to-pay basis.
22 4. General Description of Work to be Done.
23 Consultant hereby aqrees to perform the followinq
24 services:
25 A. Conduct a preliminary evaluation and provide
26 counselinq services upon request to any City employee and
27 members of their family residinq with the employee. "city
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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, 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
levels of management concerning services provided by
Employee Assistance Program.
G. Assist management in development of policies and
procedures for Employee Assistance Program.
H. Assist management in introducing the Employee
Assistance Program to aforementioned employees.
I. Provide Critical Incident Intervention services for
the 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
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2 hour.
3 5. Reports by Consultant
4 Consultant shall submit to City monthly reports with its
5 bill for services. Such report shall: (a) accurately
6 describe in general terms services provided during the
7 contract period, but with no individually identifiable
8 information, referable to any individual client. Such report
9 shall be provided only for audit purposes. (b) provide
10 numerical usage reports to the city for the purpose of
11 evaluating the effectiveness of the Employee Assistance
12 Program.
13 6. Amendments
14 This agreement may be amended or modified only by written
15 agreement executed by both parties.
16 7. Assignment
17 Consultant's rights under this agreement shall not be
18 assigned by Consultant to any other person, firm or
19 corporation without the prior written consent of the City.
20 8. Relationship of Parties.
21 Consultant is acting as an independent contractor, and
22 not as an employee of the city. In the performance of
23 personal services pursuant to the provisions of this agree-
24 ment, Consultant shall not be supervised, directed, or under
25 the control or authority of any City officer or employee,
26 except and to the extent as may be expressly or implicitly
27 required by the terms and provisions of this agreement. Any
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direction or control so required under this agreement shall be
limited to broad objectives or goals of the project or program
to be accomplished and not to the details and procedures to
accomplish such objectives or goals. Consultant shall not be
obligated to conform to the supervision or direction of City
officers or employees which are not authorized herein.
Changes or modifications of said objectives and goals may be
made by 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, its
elective and appointive boards, commissions, officers, agents
and employees, harmless from any liability for damage or claim
for damage for personal injury, including death, as well as
from Consultant's operations under this agreement. Consultant
agrees to, and shall defend city and its elective and appoin-
tive boards, commissions, officers, agents and employees from
any suit or actions at law or in equity for damages caused or
alleged to have been caused by reason of Consultant's perform-
ance hereunder including any claims that may arise against
City by reason of consultant's legal relationship with City
being categorized as other than that of an independent
contractor.
10. Attorney's Fees.
In the event an action is filed by
enforce rights under this agreement, the
shall be entitled to recover reasonable
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either party to
prevailing party
attorney's fees in
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addition to any other relief granted by the court.
11. Terminated by City.
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. Acceptance of Final Payment Constitutes Release.
The acceptance by Consultant of the final payment made
according to the terms of this Agreement shall operate and be
a release to the city, and every employee and agent thereof,
from all claims and liabilities to Consultant for anything
done or furnished for or relating to the work or services, or
for any act or failure to act of the City relating to or
arising out of work and this agreement.
13. Confidentiality to be Assured.
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Consultant shall maintain the confidentiality of all
employees referred for or voluntarily seekinq counselinq
services. The parties recoqnize that the cornerstone of every
successful Employee Assistance proqram is the pledqe of
confidentiality; without confidentiality there is no credi-
bility. Employees will not reveal their personal problems if
there are no clear leqal quidelines about confidentiality.
Consultant shall assure that all personal information imparted
by a counselee to a counselor will be respected and safequard-
ed. Such information may be used only in a professional
manner for the purpose of helpinq in rehabilitatinq the
worker. Consultant's records shall be kept secure in accord-
ance with the code of ethics of the procession, federal
requlations and state laws. Consultant shall maintain in qood
order a fire and burqlar 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 proqram volun-
tarily or who, havinq been referred, aqree to accept counsel-
inq 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
Consultant shall provide to City evidence of insurance
coverinq 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 describinq
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2 the coverage provided and naming City as an additional
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insured.
The insurance shall consist of the following: (a)
Workers'
Compensation.
Consultant shall provide proof of
5 Workers' Compensation insurance coverage for all of its
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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)
9 Professional Liability Insurance. Professional liability
10 insurance covering the professional service provided by
11 Consultant, including coverage for professional errors and
12 omissions, in a combined single limit of not less than
13 $1,000,000.00 per person.
14 15. Bilingual Interpreter.
15 Consultant shall provide an English/Spanish bilinqual
16 interpreter as needed, with an English/Spanish bilinqual
17 counselor being preferred.
18 16. Notices.
19 Any notice required to be given hereunder shall be deemed
20 to have been given by depositing said notice in the United
21 States mail, postage prepaid, and addressed as follows:
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CITY
CONSULTANT
Rachel Krasney, city Clerk
City of San Bernardino
300 North '0' street
San Bernardino, Ca 92418
17. Entire Agreement.
This contract constitutes the entire Agreement between
The Counseling Team
225 West Hospitality Lane,
Suite 100
San Bernardino, Ca 92408
city and Consultant and may be modified only by further
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2 written agreement between the parties.
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4 IN WITNESS WHEREOF, this agreement has been executed by
5 the parties effective as of the date and year first above
6 written.
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8 ATTEST:
CITY OF SAN BERNARDINO
Municipal Corporation of
the State of California
Rachel Krasney, City Clerk
W. R. Holcomb, Mayor
CONSULTANT:
By:
Approved as to form
and legal content:
THE COUNSELING TEAM
JAMES F. PENMAN
City A~torney
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by: ~/!/'1..l./:J _
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