HomeMy WebLinkAbout1984-06-05; City Council; Resolution 7615*.
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RESOLUTION NO. 7615
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT WITH COMPRO TO PROVIDE AN EMPLOYEE ASSISTANCE PROGRAM
WHEREAS, the City of Carlsbad desires to provide an employee assistance
-ogram to its employees; and
WHEREAS, COMPRO is qualified to provide such a program; and
WHEREAS, COMPRO provides a program for the City of Oceanside; and
WHEREAS, COMPRO was selected by the City of Oceanside by means of a
impeti ti ve proposal process ; and
WHEREAS, the Carl sbad Municipal Code provides for cooperative purchasing
i th other cities.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad
j follows:
1.
2.
That the above recitations are true and correct.
That this agreement is being entered into pursuant to the cooperative
purchasing provisions of Section 3.28.160 of the Carlsbad Municipal Code
That the Agreement with COMPRO to provide an employee assistance
program for the City of Carlsbad attached hereto as Exhibit A is
3.
hereby approved.
That the Mayor is authorized and directed to sign the Agreement on 4.
ehalf of the City of Carlsbad.
PASSED, AND ADOPTED at a regular meeting of said City Council held on the
th day of June, 1984, by the following vote, to wit:
AYES : Council l,@mbers Casler, Lewis , Kulchkn, Chick and Prescott
NOES: None
ABSTAIN: None
ABSENT:
:SEAL)
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:XHIBIT A TO RESOLUTION NO. 7615
EMPLOYEE ASSISTANCE PROGRAM AGREEMENT
THIS AGREEMENT is made by and between the CITY OF CARLSBAD, a municipal
:orPoration organized under the laws of the state of California, hereinafter
:eferred to as "City," and ComPro Comprehensive Employee Assistance Programs, a
:alifornia corporation, hereinafter referred to as "ComPro."
RECITALS
1. City desires to establish an Employee Assistance Program (EAP) to
xovide preventive and rehabilitative assistance to its full time employees and
;heir dependents to help to prevent or to resolve personal and/or family
lroblems which may adversely affect the job performance of its employees.
>urposes of this agreement, a full time employee must be scheduled. to work 40 or
nore hours per week on a regular basis and be eligible for Public Employees
ietirement System Program.
For
2. ComPro represents that it has the experience and qualifications to
wovide the services necessary to provide a comprehensive EAP and that it is
ready, willing, and able to provide such services.
TERMS
City and ComPro hereby agree that in consideration for the compensation
iereinaf ter set forth, ComPro shall provide the professional services set forth
ierein in accordance with all terms, conditions, and provisions of this
4gr eement .
1. Scope of services. ComPro shall provide the following services
mrsuant to this Agreement :
Phase I - Orientation
CmPro shall design and implement orientation programs for management,
The purpose of the orientation programs is to supervisors, and employees.
establish awareness and acceptance of the EAP by these groups.
3
The combined length of the three initial orientation programs shall be
pproximately sixty (60) hours.
rograms with the City in order to ensure maximum employee participation given
he on-going operational needs of the City.
CanPro shall coordinate the scheduling of these
The general scope of the orientation programs shall include as a minimum:
a. Management orientation.
1) program goals
2) program implementation
3) referral procedures
4) confidentiality
5) feedback procedures
6) program cost effectiveness
7) quarterly/annual reports
b. Supervisory orientation
1) familiarization with ComPro staff
2)
3) problem identification
4) referral procedures
5) feedback mechanism
6) confidentiality
7) program documentation
review of program philosophy and goals
c. Employee orient at ion
1) group orientation meet ~ igs to Pam
staff
irize emp iyees N th CaPro
2) development of informational material for self-referral to be
distributed with employee paychecks
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In addition to the initial orientation, ComPro shall participate with the
:ity to provide program orientation to all new employees hired after the
wesentation of the initial orientation programs.
ComPro shall also provide on-going informational services regarding the EAP
including but not necessarily limited to:
a. publication of a periodic newsletter covering health topics and other
areas of interest related to the EAP.
Development of informational materials related to the EAP which may be
posted at work sites.
individual on-site visitations by ComPro staff.
b.
C.
Phase I1 - Seminar Training
ComPro shall provide a minimum of twenty-four (24) hours of educational and
training seminars on topics related to the EAP.
During the initial supervisorial and employee orientation programs, ComPro
shall conduct a needs survey to assist in the determination of seminar topics
designed to meet the particular needs of the City's employees.
ComPro shall coordinate the scheduling of all such seminars with the City.
Phase I11 - Direct Service Program
ComPro shall provide the following direct services to employees to assist in
the prevention or resolution of employee problems which have or may adversely
impact the employee' s job performance :
A, Problem Assessment /Diagnosis.
Upon referral of an employee, ComPro shall initiate an employee problem
assessment /diagnosis.
employee or a referral by the employee's supervisor.
initiated in person by visiting the ComPro office or by calling the ComPro 24-
hour phone serv ice .
Referral may include a voluntary self-ref erral by the
A referral may be
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The purpose of the problem assessmentldiagnosis shall be to identify
and assess the employee's probleds) in order to facilitate development of a
comprehensive treatment plan for the employee.
methods and such time as is necessary in the problem assessmentldiagnosis in
order to obtain an accurate and' thorough identification and assessment of the
employee's probleds) .
ComPro shall utilize such
E. Treatment Plan.
Following completion of the problem assessment /diagnosis, ComPro,. in
consultat ion with the employee, shall develop a comprehensive treatment plan.
The purpose of this plan shall be to, delineate the most effective course of the
action to resolve the employee's probleds) and will define the roles of all
parties participating in the implementation of the plan. This plan shall be in
writing and shall be executed by all participating parties in an effort to
ensure acceptance and compliance.
C. Implementation of the Treatment Plan.
Upon finalization of the agreed upon treatment plan, ComPro shall
provide the professional services required under the plan.
require counseling or treatment beyond the qualifications or expertise of the
CanPro staff, appropriate referrals may be made. CanPro agrees, however, to"
utilize its best efforts to provide all necessary professional services by its
own staff. This effort should include, as a general rule, as many as five (5)
counseling sessions by ComPro staff at no charge to the employee prior to
referral.
Should the plan
In the event that an employee requires professional services by someone
other than ComPro,staff, ComPro shall assist the employee in determining if the
employee is eligible to receive insurance benefits to pay for such professional
services. ComPro shall also monitor all outside professional services and
assist the employee to keep costs for such services to a minimum.
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D. Follow-up Services
ComPro shall establish a follow-up procedure for all employees. Such
wocedure shall include telephonic not if ication to supervisors of employee
zontact with ComPro in any case where the employee was referred to ComPro by the
supervisor.
referring supervisor.
ComPro.
Upon completion of the treatment plan, ComPro shall notify the
Such interim contact shall be made as deemed necessary by
In providing the direct services described above, ComPro shall endeavor to
initiate family participation in the problem assessment /diagnosis and treatment
plan development and implementation. Such participation will, where feasible,
include meeting of ComPro staff with the employee and the employee's family in
the employee' s home.
In addition to the direct services described above, ComPro shall:
a.
b.
2.
Provide 24 hour toll-free phone availability for all employees and
immediate crisis intervention on a 24-hour, 7 day per week basis.
Follow up appointments may be made upon initial. phone contact.
Provide ComPro staff availability to supervisors by telephone.
shall provide unlimited phone availability for City's supervisors to
ComPro staff regarding problem situations in the workplace, progress
reports on supervisory referrals in terms of participation, program
recommendations, or further needs that may arise.
- Term.
ComPro
The term of this agreement shall be for a period of one (1) year
commencing immediately upon execution and terminating on 3une 30, 1985.
3. Compensation. The total sum due ComPro for the satisfactory
performance of all services called for herein shall be ELEVEN THOUSAND FOUR
HUNDRED DOLLARS ($1 1,400).
The total compensation less a ten percent (10%) retainer shall be payable in
four equal quarterly payments. The first quarterly payment shall be payable
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i.
vithin thirty (30) days of the date of execution of this agreement by each of
;he parties.
jays of receipt by the City of CanPro's invoice therefore accomanied by CanPro's
quarterly report as required by paragraph 5.
shall be payable within thirty (30) days of receipt by the City of CanPro's
Lnvoice therefor accompanied by ComPro's quarterly report of the fourth quarter
Jf the term of this agreement.
Each subsequent quarterly payment shall be payable within (30)
The ten percent (10%) retention
4. Confidentiality. Any information, whether recorded or not, pertaining
to the identity, problem assessmentidiagnosis, or treatment of any employee
which is gathered and/or maintained in conjunction with the performance of this
agreement shall be confidential. Such information shall only be disclosed when
authorized by the prior written consent of the employee and/or any employee
iependent involved or when compelled by legal process.
ComPro may provide City with such general and statistical information
regarding program performance as it may deem necessary to complete the reporting
requirements herein so long as such disclosure would not result in the
iisclosure of the identity, problem assessment/diagnosis, or treatment of any
mployee participating in the EAP.
the identities of employees referred to CanPro will necessarily be known by the
referring supervisor, but that all information pertaining to problem
assessment/diagnosis and treatment shall be confident id.
(It is understood between the parties that
5. Reports. ComPro shall provide the City with quarterly reports
regarding the program implementation and utilization. These reports shall be Ln
writing and shall be submitted to the City within fifteen (15) days after the
End of each quarter of the term of this agreement.
These reports shall include but not be limited to the following:
a. Status of program implementation.
b. Number of employees and families treated.
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c. Summary of treatment results.
d. Cost benefit analysis.
e. Assessment of referral services.
f. Perceived program effectiveness.
g . Recommendat ions.
ComPro staff shall be available to the City as requested in order to respond
to the City's questions regarding the reports or to elaborate on the reports.
6. Materials and Labor. ComPro, with full knowledge of the kind, quantity
and quality of services and work required to be performed, agrees to furnish all
services, labor , material, subsistence and transportat ion necessary to perform
its obligations required by this agreement .
All personnel required to perform services for CmPro under this agreement
shall be fully qualified and shall, if necessary, be authorized or permitted
under State and local law to perform such services. Such personnel shall not be
employees of or have any contractual relationship with the City.
7. Office location. ComPro agrees to establish an office in or near the
City of Carlsbad within 90 days of execution of this agreement.
to establish such an office within such time period, City may declare this
agreement to be null and void.
8.
If ComPro fails
Insurance. ComPro shall maintain throughout the term of this agreement
malpractice insurance with limits of $1,000,000 per occurence and public
liability insurance with limits of at least $500,000 covering injury or death to
any one person, $1,000,000 covering injuries or death resulting from each
accident or occurence, and $50,000 covering property damage arising out of any
one occurence.
insured.
evidencing such coverage within thirty (30) days of the commencement of the term
Such policy or policies shall name City as an additional
ComPro shall provide City with copies of Certificates of Insurance
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If this agreement.
)eriod, City may declare this agreement to be null and void.
If such certificates are not provided within this tlme
9. Worker's Compensation. ComPro acknowledges its awareness of the
provisions of Labor Code section 3700 which require every employer to provide
workers compensation insurance or to undertake self-insurance pursuant to the
provision of the Labor Code and it will comply with such provisions during the
term of this agreement.
10. Assignment. The services to be performed by ComPro under the terms of
this agreement are of a special, unique, unusual, extraordinary, and
intellectual character, the provisions of which require the equally specid,
unique, unusual, extraordinary and intellectual qualifications. Therefore,
ComPro may not assign either its rights or obligations under this agreement
without the prior written consent of the City.
11. Independent Contractor Status. The parties agree and intend that the
relationship between them created by this agreement 1s that of employer-
independent contractor.
entitled'to the benefits provided by City to its employees, including, but not
limited to, group insurance and retirement plans.
ComPro employees are not employees of City, and are not
The conduct and control of the services to be performed by CanPro under this
agreement will lie solely with CmPro.
City in accordance with currently approved methods and ethlcal standards
ComPro will perform its services for
applicable to its professional capacity.
Because City wlll have no right of control over the manner in whlch the
services hereunder are provided, ComPro shall indemnify and hold harmless the
City, its officers, employees, agents, and assigns against all liability or loss
and against all claims or actions based on or arising out of injury to, death of
persons, or damage to or loss of property caused by the acts or inaction of . . . . . . .
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hnPro, its employees, or its agents in connection with the performance of
services by ComPro pursuant to this agreement.
12. Compliance with Laws. ComPro shall comply with all applicable laws,
ordinances and codes of the federal or state government or any political
subdivision thereof .
13. Waiver. No term or provision hereof shall be deemed waived and no
breach excused, unless such waiver or consent shall be in writing and signed by
the party claimed to have waived or consented. Any consent by any party to, or
waiver of, a breach by the other, whether express or implied, shall not
constitute consent to, waiver or, or excuse for any other different or
subsequent breach.
14. Amendment. No amendment to this agreement shall be effective unless it
is in writing and signed by duly authorized representatives of both parties.
15. Successors. This agreement shall be binding upon and insure to the
benefit of the heirs, executors, administrators, successors and assigns of the
respective parties .
IN WITNESS WHEREOF, the parties hereto have executed this agreement as fo
the date(s) set forth below.
CITY OF CARLSBAD
MARY H. CAS-, Mayor
ATTEST:
COMPRO
RW