HomeMy WebLinkAbout1984-04-03; City Council; 7692; Employee assistance program approvalrB# 7692 TITLE: APPROVAL OF AN EMPLOYEE
1TG.s ASSISTANCE PROGRAM
RECOMMENDED ACTION:
By motion, approve an Employee Assistance Program and direct
staff to negotiate a contract with COMPRO and include funds in next year I s budget.
ITEM EXPLANATION:
DEPT. HD.-
CITY ATTYfi-
Traditionally, employers have not concerned themselves with personal problems of employees. Today's society, however, places unique pressures upon individuals. Over 15 million Americans suffer from emotional, occupational medical, financial, marital or family problems, stress, alcoholism or drug abuse. Recognizing that personal problems affect job performance and increase medical and worker's compensation cost, many employers realize that responsibility for employee welfare often extends beyond traditional limits.
An Employee Assistance Program (EAP) can provide a confidential and effective method of helping employees cope with human
problems. The EAP would be available to all full time employees,
their spouses and dependents. EAP services would
the individual at his/her initiative or a supervisor could refer an employee based upon unacceptable job performance.
Participation in the program will be strictly voluntary and all
records will remain strictly confidential.
This would be a cooperative program with the cities of Oceanside
and Vista. Oceanside has been in the program for several months and Vista is considering it. Oceanside went through a competitive process to select the vendor (COMPRO). Carlsbad would use the cooperative purchasing provision of the Carlsbad Municipal Code in order to enter into a joint program.
The County of San Diego and the cities of San Diego, Escondido
and Oceanside offer EAPs to employees. Employee Assistance Programs can reduce medical insurance and worker's compensation utilization. National statistics on troubled vs normal employees
show that troubled employees have 3-6 times the absentee rate, a
3-1/2 times higher accident rate, use 3 times the sick benefits, have 5 times the number of worker's compensation claims, are
greatly more involved in grievence procedures and have 7 times
the number of garnishment procedures brought against them.
COMPRO will provide offices located in Tri-city hospital area convenient to three cities, 24 hour telephone availability for crisis intervention with follow-up appointments and unlimited telephone availability for supervisors regarding work-related problem situations. COMPRO will provide management, supervisory and employee orientation sessions to familiarize city staff with available services. Private counseling sessions will be available to each individual (up to five sessions annually) and
additional counseling or referrals can be arranged if necessary.
be used by
PAGE 2 of AB# 76q2'
Additionally, COMPRO will offer consultant services to management, supervisors and employees on work related problems and seminar trainings on various topics will be held.
This program has been reviewed and discussed with the representatives of the employee associations.
FISCAL IMPACT:
The city can expect to pay approximately $11,500 per year. Funds would need to be budgeted next fiscal year. If the Council wishes to start this program immediately, approximately $2,900 would need to be appropriated from contingencies to fund the program for the balance of the fiscal year.
EXHIBITS:
1. Oceanside's EAP contract with COMPRO.
2. COMPRO brochure outlining Oceanside's EAP.
3. Copy of COMPRO proposal.
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lARLES R. REVLETT CITY ATTORNEY
321 N. Novads
Oceanride. Callf.
'elenhone 439.7306
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EMPLOYEE ASSISTANCE PROGRAM AGREEMENT
THIS AGREEMENT is made by and between the CITY OF OCEANSIDE,
a municipal corporation organized under the laws of the state of
California, hereinafter referred to as IICity,ll and ComPro Compre-
hensive Employee Assistance Programs, a California corporation,
hereinafter referred to as llComPro."
RECITALS
1. City desires to establish an Employee Assistance Program
(EAP) to provide preventive and rehabilitative assistance to its
regular full time employees and their dependents to help to pre-
vent or to resolve personal and/or family problems which may ad-
versely affect the job performance of its employees. For pur-
poses of this agreement, a regular full time employee must be
scheduled to work 40 or more hours per week on a regular basis
and be eligible for Public Employees Retirement System Program.
2. For purposes of this Agreement, the parties understand
that the term employee includes those persons employed by the
City of Oceanside, the City of Oceanside Community Development
Commission, and the Oceanside Small Craft Harbor District.
3. ComPro represents that it has the experience and quali-
fications to provide the services necessary to provide a compre-
hensive 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 hereinafter set forth, ComPro shall provide the pro-
fessional services set forth herein in accordance with all terms,
conditions, and provisions of this Agreement.
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XARLES R. REVLETT CITY ATTORNEY
321 N. N0V.d.
Oceanside, Calif.
Taleahone 439-7306
I. _-
1. Scope of services. ComPro shall provide the following
services pursuant to this Agreement:
Phase I - Orientation .
ComPro shall design and implement orientation programs for
management, supervisors, and employees. The purpose of the
orientation programs is to establish awareness and acceptance of
the EAP by these groups.
The combined length of the three initial orientation pro-
grams shall be approximately sixty (60) hours. ComPro shall
coordinate the scheduling of these programs with the City in or-
der to ensure maximum employee participation given the on-going
operational needs of the City.
The general scope of the orientation programs shall include
as a minimum:
a. Management orientation.
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) review of program philosophy and goals
3) problem identification
4) referral procedures
5) feedback mechanism
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HARLES R. RNLETT CITY ATTORNEY
321 N. Nevada
Oceansi80, Calif.
rdonhnne 439.7306
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6) confidentiality
7) program documentation
c. Employee orientation.
1) group orientation meetings to familiarize
employees with ComPro staff
2) development of informational material for
self-referral to be distributed with
employee paychecks
In addition to the initial orientation, ComPro shall parti-
cipate with the City to provide program orientation to all new
employees hired after the presentation 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.
b. development of informational materials related to the
EAP which may be posted at work sites.
c. individual on-site visitations by ComPro staff.
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. ...*...
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4ARLES R. RNLEn CITY ATTORNEY
321 N. Nwar
Oceanside. Calll.
olonhnne A3Q.7~
..-
ComPro shall coordinate the scheduling of all such seminars
with the City.
Phase 111 - Direct Service Program
ComPro shall provide the following direct services to em-
ployees 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 . Referral may include a
voluntary self-referral by the employee or a non-voluntary re-
ferral by the employee's supervisor. A referral may be initiated
in person by visiting the ComPro office or by calling the ComPro
24-hour phone service.
The purpose of the problem assessment/diagnosis shall be
to identify and assess the employee's problem(s) in order to
facilitate development of a comprehensive treatment plan for the
employee. ComPro shall utilize such methods and such time as is
necessary in the problem assessment/diagnosis in order to obtain
an accurate and thorough identification and assessment of the
employee's problem(s) .
B. Treatment Plan.
Following completion of the problem assessment/diagno-
sis, ComPro, in consultation with the employee, shall develop a
comprehensive treatment plan. The purpose of this plan shall be
to delineate the most effective course of action to resolve the
employeels problem(s) and will define the roles of all parties
participating in the implementation of the plan. This plan shall
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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. Should the plan require counseling or treatment beyond the
qualifications or expertise of the ComPro staff, appropriate re-
ferrals may be made. ComPro 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 CornPro staff at no charge to the
employee prior to referral.
In the event that an employee requires professional ser-
vices 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.
D. Follow-up Services.
ComPro shall establish a follow-up procedure for all em-
ployees * Such procedure shall include telephonic notification to
supervisors of employee contact with ComPro in any case where the
employee was referred to ComPro by the supervisor. Upon comple-
tion of the treatment plan, ComPro shall notify the referring
supervisor. Such interim contact shall be made as deemed neces-
sary by ComPro.
In providing the direct services described above, ComPro
shall endeavor to initiate family participation in the problem
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HARLES R. REVLm ciir ATTORNEY
321 N. MV8da
Oceanside. Calif.
r . ~~... *.)-.,*ne
assessment/diagnosis and treatment plan development and implemen-
tation. Such participation will, where feasible, include meeting
of ComPro staff with the employee and the employee's family in
the employee s home.
In
shall :
a.
b.
2.
addition to the direct services described above, ComPro
Provide 24-hour toll-f ree phone availability for all em-
ployees 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. ComPro shall provide unlimited phone availa-
bility 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. The term of this agreement shall be for a period
of one (1) year commencing immediately upon execution and termi-
nating on June 30, 1984.
3. Compensation. The total sum due ComPro for the satis-
factory performance of all services called for herein shall be
SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17,500.00).
The total compensation less a ten percent (10%) retainer
shall be payable in four equal quarterly payments. The first
quarterly payment shall be payable within thirty (30) days of the
date of execution of this agreement by each of the parties. Each
subsequent quarterly payment shall be payable within thirty (30)
days of receipt by the City of ConPro's Invoice therefor accom-
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HARLES R. REVLETT CITY ATTORNEY
321 N. Nevada
Oceanside. Calif. releahone 439-7306
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I
panied by ComPro's quarterly report as required by paragraph 5.
The ten percent (10%) retention shall be payable within thirty
(30) days of receipt by the City of ConPro's invoice therefor
accompanied by ComPro's quarterly report for the fourth quarter
of the term of this agreement.
4. Confidentiality. Any information, whether recorded or
not, pertaining to the identity, problem assessment/diagnosis, 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 dependent involved or when compelled by legal
process.
ComPro may provide City with such general and statistical
information regarding program performance as it may deem necesary
to complete the reporting requirements herein so long as such
disclosure would not result in the disclosure of the identity,
problem assessment/diagnosis, or treatment of any employee par-
ticipating in the EAP. (It is understood between the parties
that the identities of employees referred to ComPro will neces-
sarily be known by the referring supervisor, but that all infor-
nation pertaining to problem assessment/diagnosis and treatment
shall be confidential.)
5. Reports . ComPro .shall provide the City with quarterly
reports regarding the program implementation and utilization.
rhese reports shall be in writing and shall be submitted to the
Zity within fifteen (15) days after the end of each quarter of
the term of this agreement.
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HARLW R. REVLETT CITY AlTORNEY
321 N. Nwada
Oceanride, Calif.
releahone 4397306
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These reports shall include but not be limited to the fol-
lowing:
a.
b.
C.
d.
e.
f.
t3.
Status of program implementation.
Number of employees and families treated.
Summary of treatment results .
Cost benefit analysis.
Assessment of referral services.
Perceived program effectiveness.
Recommendations.
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, sub-
sistence and transportation necessary to perfom its obligations
required by this agreement.
All personnel required to perform services for ComPro 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 Oceanside, within 30 days of execution of this agreement. If
ComPro fails to establish such an office within such time period
City may declare this agreement to be null and void.
8. Insurance. ComPro shall maintain throughout the term of
this agreement malpractice insurance with limits of $1,000,000
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HARLES R. REVLEl? UTV ATTORNEY
321 N. Nevada
Oceanside. Calif.
:nlonhnnr 460-7306
per occurance 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 occurance, and $50,000 covering proper+,y damage
arising out of any one occurance. Such policy or policies shall
name City as an additional insured. ComPro shall provide City
with copies of Certificates of Insurance evidencing such coverage
within thirty (30) days of the commencement of the term of this
agreement. If such certificates are not provided within this
time period, City may declare this agreement to be null and void.
9. Worker's compensation. ComPro acknowledges its aware-
ness 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
mder the terms of this agreement are of a special, unique,
musual, extraordinary, and intellectual character, the provi-
sions of which require the equally special, unique, unusual,
3xtraordinary and intellectual qualifications of those members of
the ComPro staff identified in the "Proposal City of Oceanside
Zmployee Assistance Program RFP2307 submitted by COflPRO Compre-
iensive Employee Assistance Program." Therefore, ComPro may not
Lssign either its rights or obligations under this agreement
vithout the prior written consent of the City.
11. Independent Contractor Status. The parties agree and
intend that the relationship between them created by this agree-
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'L
HARLES R. REVLEn CITY AlTORNEY
321 N. Nwvld. ocmmide, Calif.
reisphone 439-7306
ployees are not employees
benefits provided by City
limited to, group insuran
ment is that of employer-independent contractor, ComPro em-
of City, and are not entitled to the
to its employees, including, but not
e and retirement plans.
The conduct and control of the services to be performed by
ComPro under this agreement will lie solely with ComPro. ConPro
will perform its services for City in accordance with currently
approved methods and ethical standards applicable to its profes-
sional capacity.
City will have no right of control over the manner
services hereunder are provided, ComPro shall indem-
harmless the City, its officers, employees, agents,
Because
in which the
nify and hol
and assigns against all liability or loss and against all claims
or actions based upon or arising out of injury to, death of per-
sons, or damage to or loss of property caused by the acts or
inaction of ComPro, 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
spplicable laws, ordinances and codes of the federal or state
government or any political subdivision thereof .
13. City Only EAP Client. ComPro agrees that during the
term of this agreement City shall be ComPro's only EAP client,
14. Waiver. No term or provision hereof shall be deemed
saived and no breach excused, unless such waiver or consent shall
)e in writing and signed by the party claimed to have waived or
Zonsented. Any consent by any party to, or waiver of, a breach
iy the other, whether express or implied, shall not constitute a
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HARLES R. REVLFn CITY ATlORNEY
327 N. Novada
Oceanside. Calif.
relephone 439.7306
consent to, waiver of, or excuse for any other different or sub-
sequent breach.
15. Amendment. No amendment to this agreement shall be
effective unless it is in writing and signed by duly authorize
representatives of both parties.
16. Successors. This agreement shall be binding upon and
inure 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 of the date(s) set forth below.
CITY OF OCEANSIDE
COMPRO ,
BY
BY
ipproved as to form and legality:
:ity Attorney
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* P1.r ::eorZe Ahrens Risk idanaqer 350 I(. Ijitmar Street
Oceanside, CA 92054
Mr. Frank Lannen !Y~S, Jeanette 0. Earris
Assistant City ii!ana;er Administrative Assistant 1200 Elm Avenue k.0. Box 1988
Carlsbad, CA 92008 600 Il;ucalyptus Avenuk
Vista, CA 92083 ‘ A i I
COMPRO
CC!MPRWENS!VE EMPLOYEE ASSISTANCE PROGRAMS
i
December 15, 1983
Dear txr. Ahr ens, Nr . Gannen , !ris. Parr i s ,
r
\
1 enjoyed our meetin3 of Uecernber e, 1983 and _. ’
our discussion of the various mutual benefits of establishin< an Employee Assistance Pro?;ram that would serve the Tri-Cities of Oceanside, Carlsbad and Vista. I am personally very gratified that the prosram in Oceanside is oeing so well received tnat oT;ner cities would consider a cooperative venture.
areas which I would like to review individually. Durinz our conversation we discussed sone specific
Box 1740/Suite 92
La Mesa. Ca. 92041 [714] 461 -1 267
Staffin,%: A thorou;h examination of the time demands clearly demonstrate that 1 would have arriple time to adequately serve the expected caseload that a cooperative proizram would generate. I would continue to provide the direct service and would use niy :;taPf for
support activities.
of the office somewhere alon,: the 78 corridor near the
intersection of the three cities would be needed.
The office would be located just off the freeway in order to facilitate access
Site Location: It was agreed that a new location
Number of Sessions: An analysis of the employee evaluations indicate that 5 sessions seem to be an optimal number and that this number would remain the same.
Orientations: The exact number, date and time of the orientations would be the responsibility of each
city ‘s administration to coordinate.
should be repeated in a modified way on a yearly basis.
Wientations
Workshops: The type, number and time of each work-
shop would also be arran;ed with each city administrator.
be covered would be approximately 460 with Carlsbad havinz 311 and Vista havin:; 150 employees. After an
Cost: The total number of additional clients to
4
analysis of the initial additional costs as offset
by servinz more clients it is my feeling that a new
contract could be financed for .$l7,000. Che cost
sharing of this amount would, 1 assume, be nesotiated between Carlsbad and Vista, and would be pro-rated on a monthly basis.
The overall savinss in a cooperative pro;<ram would come in the future as the program matures and costs can be maintained. The initial contract with the City of
Oceanside was very cost effective and was well negotiated from the City's side. It is anticipated that with the addition of Carlsbad/Vista that no increase would be incurred for the ~eer future.
If this cooperative proyam were to start it would seem logical that an initial letter of understzndirq could be negotiated with Carlsbad/Vista that would
tie in with the present contract with Oceanside. Then when the present contract expires a new asreerrlent could be reached with all parties involved.
In conclusion I see excitin? possibilities for a cooper-
ative progarn of this nature both in ternis of financial and proTramatic aspects. 1 would hope that if you have any questions that I mizht answer that you would contact me.
Sincerely yours,
m. Kichard u. Joriesu