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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From:
EDWARD S. RAYA 0 r . ,. . tUbject:
HUMAN RESOURCES h I lv, · · . .' I..
AGREEMENT WITH THE
COUNSELING TEAM TO PROVIDE
COUNSELING SERVICES FOR CITY
EMPLOYEES FOR FY 2000-01 &
FY 2001-02
Dept:
Date:
AUGUST 22, 2000
Synopsis of Previous Council Action:
Adopted Resolution No. 88-335
Adopted Resolution No. 90-11
Adopted Resolution No. 92-191
Adopted Resolution No. 93-139
Adopted Resolution No. 94-161
Recommended Motion:
Adopt Resolution.
J\~~V
Edward S. Rava
Yes
Phone:
384-5161
Contact Person:
Supporting Data Attached:
Ward:
Source: (Acet No)
$45.000
678-452-5502
FUNDING REQUIREMENTS:
Amount:
(Acet Description)
Consultant Services
Finance:
Council Notes:
q f5j D!L-
Agenda Item NO.~
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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Agreement with The Counseling Team to provide counseling services for City
employees for FY 2000-01 and FY 2001-02.
BACKGROUND
Since 1986, The Counseling Team has provided psychological counseling and support
services for City employees. This program initiated by Risk Management has been part
of preventive, proactive health service to the employees of the City. The program was
designed to provide employees free crisis counseling and intervention before
transitioning them to their private health carriers. The program 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 kept confidential.
There is no limit to the number of City employees who can utilize the service per month.
The utilization reports indicate that the current use is about 55 to 60 hours per month for
employee counseling and approximately 40 hours per year for critical incident
debriefing. The cost to the City for these services is $3,244 per month for the
counseling services and $150 per hour for critical incident debriefing. It is estimated
that the total cost to the City will not exceed $45,000 in FY 2000-01.
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. In 2001, bid proposals will be requested from various counseling
providers. One important issue will be to have the provider located in or near the City of
San Bernardino so that City employees have quick and immediate access to the
counseling services.
FINANCIAL IMPACT
The funds for this program ($45,000) are contained in the Risk Management budget
under Professional/Contractual Services, Account No. 678-452-5502, for FY 2000-01.
RECOMMENDATION
Adopt Resolution.
HRlAgenda Items:SR.CQUNSELlNG TEAM
. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Date:
EDWARD S. RAYA Subject:
0.- . I
HUMAN RESOURCES \:. i ...... .,.l..
AUGUST 2, 2000
AGREEMENT WITH THE
COUNSELING TEAM TO PROVIDE
COUNSELING SERVICES FOR CITY
EMPLOYEES FOR FY 2000-01 &
FY 2001-02
From:
Dept:
Synopsis of Previous Council Action:
Adopted Resolution No. 88-335
Adopted Resolution No. 90-11
Adopted Resolution No. 92-191
Adopted Resolution No. 93-139
Adopted Resolution No. 94-161
Recommended Motion:
Adopt Resolution.
~~~
Edward S. Rava
Yes
Phone:
384-5161
Contact Person:
Supporting Data Attached:
Ward:
Source: (Acct No)
$45.000
678-452-5502
FUNDING REQUIREMENTS:
Amount:
(Acet Description)
Consultant Services
Finance:
Council Notes:
Kffilb1>
Agenda Item NO.~
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Agreement with The Counseling Team to provide counseling services for City
employees for FY 2000-01 and FY 2001-02.
BACKGROUND
Since 1986, The Counseling Team has provided psychological counseling and support
services for City employees. This program initiated by Risk Management has been part
of preventive, proactive health service to the employees of the City. The program was
designed to provide employees free crisis counseling and intervention before
transitioning them to their private health carriers. The program 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 kept confidential.
There is no limit to the number of City employees who can utilize the service per month.
The utilization reports indicate that the current use is about 55 to 60 hours per month for
employee counseling and approximately 40 hours per year for critical incident
debriefing. The cost to the City for these services is $3,244 per month for the
counseling services and $150 per hour for critical incident debriefing. It is estimated
that the total cost to the City will not exceed $45,000 in FY 2000-01.
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. In 2001, bid proposals will be requested from various counseling
providers. One important issue will be to have the provider located in or near the City of
San Bernardino so that City employees have quick and immediate access to the
counseling services.
FINANCIAL IMPACT
The funds for this program ($45,000) are contained in the Risk Management budget
under Professional/Contractual Services, Account No. 678-452-5502, for FY 2000-01.
RECOMMENDATION
Adopt Resolution.
HRlAGENDA ITEMS:SR.COUNSELlNG TEAM
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~(Q1~~1
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 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 rnarked Exhibit A and incorporated herein by reference as fully
as though set forth at length.
SECTION 2. The authorization to execute the above referenced 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 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
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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Comrnon Council of the City of San Bernardino at a
meeting thereof,
, 2000, by the following vote,
held on the
day of
8 to wit:
COUNCILMEMBERS:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
AYES
NAYES
ABSTAIN ABSENT
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
of
,2000.
Judith Valles, Mayor
City of San Bernardino
Approved as to form and
Legal content:
JAMES F. PENMAN,
City Attorney
By:
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2000-280
(F'~ G=;\ 'i\ '7
AGREEMENT
THIS AGREEMENT is made and entered into this I <,T day of Seotember,
2000, by and between the CITY OF SAN BERNARDINO, a municipal corporation, 300
North D Street, San Bemardino, California, 92418, (herein referred to as "City"), and
THE COUNSELING TEAM (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 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 twenty-four (24) months ending
August 31, 2002. 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 Mayor.
3. Pavment and Provision for Pavment
A. Maximum Compensation
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2000-280
Basic compensation to be paid under this agreement shall be forty-five
thousand dollars ($45,000) annually for the two-year term for scope of work as outlined
in Section 4 of this agreement. City shall pay Consultant a sum not to exceed
$3,244.50 per month commencing September 1, 2000 and ending August 31, 2002.
Additionally, the City shall pay Consultant a sum not to exceed $150.00 per hour for
critical incident debriefing. Consultant shall submit an invoice for services rendered,
which coincides with its monthly reports s 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, pretreatment 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 Descriotion 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 City of San Bernardino and 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,
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2000-280
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 twenty-four (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 coordinator, Edward S. Raya,
Director of Human Resources.
H. Assist management in development of policies and procedures for
Employee Assistant Program.
I. Assist management in introducing the Employee Assistance Program to
aforementioned employees.
J. Provide Critical Incident Intervention services for the City. The first fifteen
(15) hours of intervention work will be included in the basis annual cost shown in
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Section 3. Additional intervention work will be billed at one hundred fifty dollars ($150)
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 coy 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. Reoorts 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 I
numerical usage reports to the City for the 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 with accurate information of their
relationship to the EAP.
6. Amendments
This agreement may be amended or modified only by written agreement
executed by both parties.
7. Assionment
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.
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2000-280
8. Relationshio of Parties
Consultant is acting as an independent contractor, and not as an employee of the
City. In the performance of personal services pursuant to the provisions of this
agreement, Consultant shall not be supervised, directed or under the control or authority
of any City officer or employee, except and to the extent as may be expressly or
implicitly required by the terms and provisions of this agreement. Any 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 and 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 appointive 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 any reasons of Consultant's performance hereunder including any
claims that may arise against City by reasons of Consultant's legal relationship with City
being categorized as other than that of an independent contractor.
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2000-280
10. Attomev'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. The cost, salary and expenses of the
City Attorney and members of his/her office in enforcing this agreement on behalf of the
City shall be considered attorney's 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 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. Acceotance of Final Pavment 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.
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2000-280
13. Confidentiality 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 of 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
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 Water Commissioners as an
additional insured by endorsement. The insurance shall consist of the following: (a)
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2000-280
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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) General Liability Insurance and Professional
Liability Insurance covering the professional services provided by Consultant, including
coverage for errors and omissions, with a combined single limit of not less than one
million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) aggregate.
15. Bilinouallnteroreter
Consultant shall provide an English/Spanish bilingual interpreter as needed, with
an English/Spanish bilingual counselor being preferred.
13 16. Notices
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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:
CITY
CONSULTANT
Rachel Clark, City Clerk
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
The Counseling T $am
1881 Business Center Drive, Suite 11
San Bernardino, CA 92408
17. Entire Aoreement
This contract constitutes the entire Agreement between City and Consultant and
may be modified only by further written agreement between the parties.
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2000-280
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE
COUNSELING TEAM TO PERFORM SERVICES FOR THE EMPLOYEES OF SAID
CITY.
IN WITNESS WHEREOF, this agreement has been executed by the parties
effective as of the date and year first above written.
ATTEST:
X fM)t1J~~ '{!l.iltl.J
Rachel Clark, Ci!y Clerk . ,
~ )..Jan eLW.}}Lf clU)CLjJ1f:p.!~,
-...'
Approved as to form
And legal content:
JAMES F. PENMAN
City Attorney
HRlAgenda Items:RESO.COUNSELING.TEAM
CITY OF SAN BERNARDINO
Municipal Corporation of
State of California
. ; ./
<.,Lt <---
lies, Mayor and Common
J
CO SU TANT:
"-
By: ';
(
t
October 18, 2000
The Counseling Team
1881 Business Center Drive, Suite 11
San Bernardino, CA 92408
Dear Sir,
At the Mayor and Common Council meeting of September 5, 2000, the City of San Bernardino
adopted Resolution 2000-280 - 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 September 12,2000, an original agreement requiring signatures was mailed to you. Please
return the signed 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 by
November 3, 2000.
Thank you,
Michelle Taylor
Senior Secretary
September 12,2000
The Counseling Team
1881 Business Center Drive, Suite 11
San Bernardino, CA 92408
Dear Sir,
At the Mayor and Common Council meeting of September 5, 2000, the City of San Bernardino
adopted Resolution 2000-280 - Resolution authorizing the execution of an agreement with The
Counseling Team to perform counseling services for the employees of the City of San
Bernardino.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please retain a copy of the executed agreement for your files.
Please be advised that the resolution and agreement will be null and void if not executed by
November 3, 2000.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
Michelle Taylor
Senior Secretary
~'
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): G(' - 5 -c() Item # .~
Vote: Ayes 1-'1 Nays.e
Change to motion to amend original documents:
Resolution # '2CjJ:) - "Z.D' 0
Abstain.A Absent ~
Reso. # On Attachments: -/
Contract term:
---
NullNoid After: lUlU. 3, ZCD()
Date Sent to Mayor:
Date of Clerk's Signature:
L{-(o-DO Date Returned from Mayor:
9--/ /-<:v Reso. Log Updated:
Cj - g--oJ
/
Date of Mayor's Signature:
Seal Impressed: /
9 i5o:J
Date Memo Sent to Department for Signature:
See Attached: = Date Returned: -
Date Letter Sent to Outside Party for Signature: cy -\ z..-co
60 Day Reminder Letter Sent on 30th day: 10 - \ ~ -00
90 Day Reminder Letter Sent on 45th day:
See Attached: / Date Returned: 10 CJ5 DC)
See Attached: -.L
See Attached:
Note on Resolution of Attachment stored separately: -=--
Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date: -
See Attached: -
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655. 92-389):
Yes ,/
Yes
No By
No 0./ By
No ,/ By
----;;?
No -7 By
No By
Yes
Yes
Yes
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance
Dev. Services
EDA
Police
Public Services
Water
Others:
Finance MIS
~UfYl At-> ~ces
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: /'rr(
Date: 10- a 5 -en