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HomeMy WebLinkAbout1984-06-05; City Council; 7692-1; Compro EAP agreement9 1 El p$i < -- , CIT OF CARLSBAD - AGEND BILL LB# 76 yJ-"/ IITG. 6/5/84 TITLE: APPROVAL OF AGREEMENT WITH COMPRO TO DEPT. HD.~ CITY AlTM PROVIDE EMPLOYEE ASSISTANCE PROGRAM IEPT. CM I RECOMMENDED ACTION: Adopt Res. No. 7b/Japproving an agreement with COMPRO to provide an employee assistance program for the 1984-85 fiscal year. I tern Expl anat i on : The City Council at its April 3, 1984 meeting approved the establishment of an employee assistance program and directed staff to negotiate an agreement for the program. cost of the program. Funds are included in the 1984-85 operating budget to cover the The attached agreement refletts the same terms and conditions of COMPRO's agreement with the City of Oceanside. The agreement will run until June 30, 1985. Fiscal Impact: The cost of the program for the 1984-85 fiscal year is $11,400, included in the 1984-85 Personnel Department's budget to cover this cost. Funds are Exhibits : Res. No. 7,5, &ipproving agreement with COMPRO. I '* t r 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - I RESOLUTION NO. 76L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT WITH COMPRO TO PROVIDE AN EMPLOYEE ASSISTANCE PROGRAM WHEREAS, the City of Carlsbad desires to provide an employee assistance rogram to its- employees ; and WHEREAS, COMPRO is qualified to provide such a program; and WHEREAS, COMPRO provides a program for the City of Oceanside; and WHEREAS, COMPRO was selected by the City of Oceanside by means of a :ompeti ti ve proposal process ; and WHEREAS, the Carl sbad Municipal Code provides for cooperative purchasing ri th other cities. NOW, THEREFORE BE IT RESOLVED by the Ctty Council of the City of Carlsbad IS follows: 1. That the above recitations are true and correct. 2. That this agreement is being entered into pursuant to the cooperative purchasing provisions of Section 3.28.160 of the Carlsbad Municipal Code 3. That the Agreement with COMPRO to provide an employee assistance program for the City of Carlsbad attached hereto as Exhibit A is hereby approved. That the Mayor is authorized and directed to sign the Agreement on 4. iehalf of the City of Carlsbad. PASSED, AND ADOPTED at a regular meeting of said City Council held on the ith day of June, 1984, by the following vote, to wit: AYES: Council lknkers Casler, hs, Kulchin, Chick and Prescott NOES: None ABSTAIN: None ABSENT: MARY CASLE$, Mayor :SEAL) ?i 8,- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 IC3 19 2c 22 22 24 25 26 27 28 EXHIBIT A TO RESOLUTION NO. 7615 EMPLOYEE ASSISTANCE PROGRAM AGREEMENT THIS KREEMENT is made by and between the CITY OF CARLSBAD, a municipal corporation organized under the laws of the state of California, hereinafter referred to as "City," and ComPro Comprehensive Employee Assistance Programs, a California corporation, hereinafter referred to as "CanPro." RECITALS 1. City desires to estdlish an Employee Assistance Program (EAP) to provide preventive and rehabilitative assistance to its full time employees and their dependents to help to prevent or to resolve personal and/or family problems which may adversely affect the job performance of its employees. purposes of this agreement, a full time employee must be scheduled*to work 40 or more hours per week on a regular basis and be eligible for Public Employees For Retirement System Program. 2. ComPro represents that it has the experience and qualifications to provide the services necessary to provide a comprehensive EAP and that it is ready, willing, and able to provide such services. TERMS City and Cero hereby agree that in consideration for the compensation - hereinafter set forth, Cdro shall provide the professional services set forth herein in accordance with all terms, conditions, and provisions of this Agreement 1. Scope of services. CmPro shall provide the following services pursuant to this Agreement : Phase I - Orientation CanPro 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 1 2 3 4 5 6 7 e 9 1c 11 12 1: 14 If 1€ 17 1t 1s 2( 21 2: 2: 24 2f 2t 2'; 2E The combined length of the three initid orientation programs shall be lpproximately sixty (60) hours. Irograu with the City in order to ensure maximum employee participation given ;he on-going operational needs of the City. Cdro shall coordinate the scheduling of these The general scope of the orientation programs shall include as a minimum: a. Management orient at ion . 1) program goals 2) program implementation 3) referral procedures 4) confidentiality 5) feedback procedures 6) program cost ef fectiveness 7 ) quarter1 y/ annual reports b. Supervisory orientation 1) familiarization with ComPro staff 2) 3) 4) referral procedures 5) feedback mechanism 6) confidentiality 7 ) Employee orient at ion 1) review of program philosophy and goals problem ident if icat ion program document at ion c . group orientation meetings to familiarize employees with ComPro staff development of informational material for self-referral to be distributed with employee paychecks 2) ....... a*..... -2- *.' 1 2 3 4 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 20 In addition to the initial orientation, Cwro shall participate with the :ity to provide program orientation to all new employees hired after the presentation of the initial orientation programs. Cdro 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 b. posted at work sites. individual on-site visitations by ConSro staf f. C. Phase I1 - Seminar Traininq 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, CanPro shall conduct a needs survey to assist in the determination of seminar topics designed to meet the particular needs of the City's employees. CanPro shall coordinate the scheduling of all such seminars with the City. Phase I11 - Direct Service Program CanPro 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 assessmnt/diagnosis. Referral may include a voluntary self-referral by the employee or a referral by the employee's supervisor. initiated in person by visiting the ComPro office or by calling the CmPro 24- A referral may be hour phone service. ....... - 3- 1 2 3 4 5 6 7 e 9 IC 13 12 13 14 15 16 17 le 19 2c 21 22 23 24 25 26 27 20 The purpose of the problem assessment/diagnosis 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 asS?ssment/diagnosis in order to obtain an accurate and thorough identification and assessment of the employee's problem(s1 . ComPro shall utilize such B. Treatment Plan. Following completion of the problem assessment /diagnosis, ComPro, in consult at 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. writing and shall be executed by all participating parties in an effort to ensure acceptance and compliance. This plan shall be in 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 ComPro staff, appropriate referrals may be made. ComPro agrees, however, to utilize its best efforts to provide all necessary professional services by its own staff. This dfort 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. -4- 6 .. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 D. Follow-up Services Cero shall establish a follow-up procedure for all employees. Such procedure shall include telephonic not if icat ion to supervisors of employee contact 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 f nit iate family participation in the problem assessment /diagnosis and treatment plan development and implement at ion. Such participation will, where feasible, fnclude 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. Provide 24 hour toll-free phone availability for all employees and immediate crisis intervention an a 24-hour, 7 day per week basis. Follow up appointments may be made upon initial phone contact. b. Provide ComPro staff availability to supervisors by telephone. ComPro shall provide unlimited phone availability for City's supervisors to ComPro staff regarding problem situations in the workplace, progress reports an supervisory referrals in terms of participation, program recommendations, or further needs that may arise. - Term. 2. The term of this agreement shall be for a period of one (1) year corrmencing immediately upon execution and terminating on 3une 30, 1985. 3. Compensation. The total sum due Cero for the satisfactory performance of all services called for herein shall be ELEVEN THOUSAND FOUR MIMIRED DOLLARS ($11,400). The total compensation less a ten percent (10%) retainer shall be payable in four equal quarterly payments. The first quarterly payment shall be payable -5- 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 1s 2c 21 22 23 24 25 26 27 28 within thirty (30) days of the date of execution of this agreement by each of the parties. days o? receipt by the City of CmPro's invoice therefore accomanied by CanPro's Each subsequent quarterly payment shall be payable within (30) quarterly report as required by paragraph 5. shall be payable within thirty (30) days of receipt by the City of CmPro's invoice therefor accompanied by CanPro's quarterly report of the fourth quarter The ten percent (10%) retention 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. CornPro 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 disclosure of the identity, problem assessmentldiagnosis, or treatment of any employee participating in the EAP. the identities of employees referred to Cero will necessarily be known by the (It is understood between the parties that referring supervisor, but that all information 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. 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 be in These reports shall include but not be limited to the following: a. Status of program implementation. b. "Number of employees and families treated. -6- 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 2a c. Sumnary of treatment results. d. Cost benefit analysis. e. Assessment of referral Services. f. Perceived program effectiveness. g . 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, subsistence and transportation 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. employees of or have any contractual relationship with the City. Such personnel shall not be 7. Office location. CanPro 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 CanPro fails Insurance. CcnnPro 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. Such policy or policies shall name City as an additional ComPro shall provide City with copies of Certificates of Insurance evidencing such coverage within thirty (30) days of the commencement of the term ....... -7- 9 1 2 3 4 5 6 7 e 9 10 11 12 13 14 1E 16 17 I€ 15 2c 21 22 2: 24 2: 26 27 2e -- If this agreement. If such certificates are not provided within this time Deriod, City may declare this agreement to be null and void. 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 terns of this agreement are of a special, unique, unusual, extraordinary, and intellectual character, the provisions of which require the equally special, unique, unusual, extraordinary and intellectual qualif ications . Theref ore, 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 is 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 ComPro under this agreement will lie solely with ComPro. City in accordance with currently approved methods and ethical standards applicable to its professional capacity . CanPro will perform its services for Because City will have no right of control over the manner in which the services hereunder are provided, CmPro 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 ....... -8- '. r _. . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 ?ompro, its employees, or its agents in connection with the performance of services by CanPro pursuant to this agreement. 12. Compliance with Laws. ComPro shall cmply 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 W CARLSEND MARY H. CASJhR, Mayor ATTEST: d ALEIHA L. City clerr City Attorney -9- -- PROFESSIONAL VITA Richard D. Jones Bachelors Degree in 1962 - College of William and Mary Psychology Major Masters Degree in 1963 - Virginia Commonwealth University Counseling Major Doctorate Degree in 1968 - U.C. L.A. Counseling/I ndust rial Psychology Major 1983 - present 1972 - present 1972 - present 1968 - 1972 1965 - 1968 1963 - 1965 Employee Assist aiice Program Counselor Oceanside, California Professor, San Diego State University Rehabilitation Counseling Program President, Psychological and Rehabilitation Services Professor, University of Georgia Counselor Education Program I ndust r i a1 Counselor State of California Medical Injury Counselor Commonwealth of Virginia Since 1972 Dr. Jones has provided direct client and consultative services for individuals, educational facilities, industries, attor- ' neys and municipalities. Dr. Jones is either certified, registered or has expertise in the following areas: Vocational Evaluation, Financial Planning, Alcoholism Counseling, Rehabilitation Counseling and Marriage, Child and Family Counseling. Dr. Jones is listed in Who's Who In America, Who's Who in the West, Personalities of the West, International Who's Who in Community Service, Personalities of America, and Community Leaders of America.