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HomeMy WebLinkAboutAgenda Report - October 3, 1984 (75)CITY COUNCIL ME€TING OCTOBER 3, 1984 AL;014T t 'VI'Ili Following introduction of the matter by Staff. Council. on FAMILY SERVICE mcnt ion of Council Nknber Pi-nkerton. I-i:inciman second. ACENCY . I NC. approved mi Agreement between the City of Lodi and the APPROVED Family Service Agency. Inc.. and authorized the Mayo r and City Clerk to execute the Agreen»nt on behalf of the City. 11 CITY COUNCIL JOHNDAVID R. FiIN ) SNIDER, Mayor CITY O F L O D I DAVID M. I-iINCHMAN Mayor Pro Tempore CITY HAIL. 221 WEST PINE STREET EVELYN M aLSON POST OFFICE BOX 320 JAMES W PINKERTON, It LODI. CALIFORNIA 95241 "RED M RE 10 (209) 334-5634 October 9, 1984 Family Service Agency 1130 North San Joaquin Stockton, CA 95202 Gentlemen: HENRY A. CLAVES: Jr. City Manager ALICE M. REIMCHE City Clerk RONA.-D M. STEIN City Attorney Enclosed herewith please find three executed copies of Agreement dated October 3, 1984 between the City of Lodi and your agency for the period of October 1 1984 through September 30, 1984 which was approved by the Lodi City Council at its October 3 1984 meeting. We wcwl`d ask that you return two fully executed copies at your earliest convenience. Should you have any questions regarding this matter, please do not hesitate to call. Very truly yours. Alice M. Reiniche City Clerk AMR: l l Enc. QV A G R E E M E N T THIS AGREEMENT made and entered into this 3rd day of October 1984, by and between the CITY OF LODI, a. municipal corporation, with its principal. place of business -at .221 West Pine Street, Lodi, California 95240.. hereinafter OLODI",.and FAMILY SERVICE AGENCY, INC., a non- profit corporation registered with the Franchise Tax Board of the State of California, with its principal place of business at 1130 North San Joaquin Street,. Stockton California 95202, hereinafter -"AGENCY". WHEREAS, LODI desires to extend to its employees certain - services which AGENCY can provide; and, WHEREAS, AGENCY represents that it is equipped, staffed and prepared to provide these services, and that it is staffed with persons who have expertise In dealing.with potentially disabling emotional and family problems related to job or career, alcohol and drug abuse, marriage and family, children's problems at home or at.schooll teens with family and friends, divorce, anxiety feelings, sexual concerns, depression and loneliness, gen.eral insecurity., aging-parent/self, and preparation for.retirement; NOW, THEREFORE, in consideration of the.m.utual-representation,' promises or covenants contained herein, LODI and AGENCY agree as fol lows 1. Services: AGENCY agrees toprovideservices as follows: (a) AGENCY will provide on as needed basis thirty (30) unit hours of awareness training for LODI personnel. The purpose of this education will be to "define" what constitutes a. troubled employees the kinds of personal and family problems which may, if unactended, become disabling or create problems on the jobj how to make a referral; and familiarizing employees with how this counseling program can help the troubled employee who, when helped with personal and family problems, can possibly be more effective on the job. Special awareness*.traning will be provided oto supervisory and managerial personnel focusing on` recognizing how family -related and personal problems adversely affect an employee's work performance. (b) AGENCY will accept referrals for counseling of any LODI employee, said referrals genera:.ly to be made by employee's department head, supervisor, or by the director of personnel services. Employees and,/or their legally recognized dependents may refer themselves to AGENCY, (c) AGENCY will provide up to eight (8) unit hours of counseling interviews with the employee and/or his eligible dependents for diagnosis, assessment, short-term treatment, and referral whenever longer-term counseling and/or -possible psychiatric service is indicated. Counseling interviews may be with an individual or with a family unit or couple. Eligible dependents are defined as an employee's wife or husband and an employee's unmarried children within the age limits below (including stepchildren, foster children or any other children living with employee in a regular parent-child relationship) if (1) they are supported by employee, (2) they are eligible under the .City of Lodi Pacific mutual Life Insurance Company Group Insurance Policy only as dependents, (3) they are not covered under said Group Insurance Policy as another .person's dependents, and (4) they are not on active duty in any armed forces. Age Limits for Children: under 19 years,- but -ended to under 23 years for full time students. A full time student is a dependent child who attends a high school, college or university or vocational., Al technical or trade school on a full time basis. Handicapped Dependents: A covered dependent child, who is incapable of self-sustaining employment because of .mental retardation or p,-tysical handicap and is chiefly dependent upon employee for support, will not have his medical coverage terminated under said Group Insurance Policy because he has reached the maximum age limit. The Personnel Director of LODI shall have the final determination of eligibility. (d) AGENCY will respond immediately to referrals of LODI employees when there is the potential of emotional trauma because of a job related emergency. For example, ,this crisis intervention would be available to the poli% -.-e or' fire department when the employee* s action on duty has resulted in critical injury to the employee or critical injury or death to another person. (e) If a referral is made away from AGENCY = following the eight (B) unit hours provided by LOCM, such referral will be made to an agency or person who is licensed and who provides quality mental health services. Whether continuing with AGENCY or receiving service from another licensed mental health professional, the employe -e may utilize the health insurance benefits provided to employees by LODI andior personal funds in payment of 1~� •. .�r.- •.,_:z: ' fees • . - (f) AGENCY, if requested by LODI, would set up anal` ' conduct a maximum of four (4) seminars and/or' workshops �` •� , . useful within certain City offices, such as a Workshop on w•;: a:'1: stress management. ' (g) AGENCY will be available for consultation to supervisory and management personnel who are concerned �:..;• about an - employee's problems on the job and who are attempting to handle the problem directly with the �.-..:. • employee. In other words, referral for counseling with -AGENCY may not be indicated at this point in time, but the :•-: supervisory or managerial personnel may wish* consultation to be better able to handle the employee's problems on the job. (h) AGENCY wU 1. provide counseling service as much as possible in the AGENCY office in Lodi, currently :.A';_:;•! ,� located at 104 North School Street, Suite 217. If it is i .`,,,•; more convenient, or if the employee prefers, the employee may be counseled in the office of AGENCY in Stockton, which is located at 1130 North San Joaquin Street. (i) AGENCY will provide service to employee and/or dependents in English or in Spanish, -if,- in fact, Spanish is the language of choice for the employee. 2. All services rendered under this Agreement shall be provided in a manner consistent with the National Association of Social Workers' Code of -Ethics'. -as contained fin Exhibit NV 3. Term:- The term of this -Agreement shall commence October 1. 1984 and end September 30 1985, unless earlier -terminated as hereinafter provided. 4. Renewal: This Agreement may be renewed for periods of one (I) year by written notice (letter) from LODI to AGENCY and written reply from AGENCY to LODI..' Anychangesin terms of the Agreement,. including payment for services, will be clearly stated in the written notice and reply. 5. Termination: Notwithstanding any other -clause in this Agreement, this Agreement.and any extensions thereof may ';.:4''. be terminated by either party by thirty (30) days notice of intention to terminate. 6. Payment for Services: LODI shall1pay the fdllowing amounts: a LODI will pay for this service based on a formula of an annual payment for each authorized employee. Using the LODI Personnel Status Report as of July 1, 1984,. showing 300 authorized positions times $51..00 per year .4. 14.25 per month) for cach employee, the total contract amount will be fifteen thousand three hundred dollars ( $15,300.00). M This amount will cover payment fo,- up to a maximum of thirty (30) hours per -month for counseling services to employees and dependents - .awareness training and interpretation of service for employees; consultation with management and supervisory personpel or coordinating seminars. (c) LODI will pay no fee to AGENCY for any interview beyond the eight (8) interviews allowed employee and/or dependent through the terms of this Agreement. M Payment to AGENCY by LODI will be made monthly. after i pt of billings from AGENCY on claim forms designated for this purpose. Format or other necessary. changes may be made by the AGENCY or..LODI as needed. All billings -shall clearly reflect, and 'in ..reasonable detail, give information regarding the service for which claim.is made. Identification of clients in billings shall be made by.code and not by name in order to V." .2 preserve the confidentiality of the names of clients. Billings..:,. s h a 11 be made and forwarded to LODI within five (5) days after' - the end of each calendar.month. Payment shall be forwarded to AGENCY prior to the fifteenth (15th) day -of the same month that billing is received. (e) LODI guarantees ".,o AGENCY a -minimum payment of fifteen thousand. three hundred dollars -.($15.300.00) or .one thousand two hundred and seventy-five d o I I a r s -6- ($1.275.00) per month for'the twelve (12) month term of this Agreement. It is anticipated that during the initial start-up stage of this program, while referrals are being •i developed and counseling services. explained through • rr awareness training by. AGENCY with LODI, there will be reluctance 'to initiate referrals made to AGENCY. In this case, LODI may request AGENCY provide -additional awareness training or develop other interpretive information to make . up for the .fewer counseling referrals during this initial period for payment is guaranteed by LODI. .which 1. Elig)bilit Client eligibility shall be verified •� •, �+`'• and determined through contact with a delegated person at LODI who is responsible for validating eligibility. This person would also verify the eligibility of any self- referred employees of LODI. `: u`►`;; 8. Confidentiality;;. The names and identity of any employee who receives -.services under the terms of t i s ,, '} •:?;f contract. shall be kept confidential and shall ' not be revealed. to anyone except as otherwise p provided under ' clause seven (7) above or clause nine -D (9(d)) below. �.-• 9. Records •�'' (a) Case Records. AGENCY shall maintain adequate .•',• ; .-' case records on each individual client which shall include diagnostic evaluation. and summary record. of services provided by AGENCY. `' +• (b) Statistical Records. AGENCY' shall provide LODI ''•:•''' with statistical records on a quarterlybasis. identifyipg the utilization of -the services and the program performance. .i S» (c) Financial Records. Appropriate service and "-•:.: :''•`' , financial. records shall be retained by AGENCY for a period ;' ►: _:. of four years following. completion of this Agreement or until. ouch time as all audit findings are resolved. (d) Accountability. The AGENCY agrees to extend to LODI the right to audit and inspect any financial records of AGENCY which pertain to services performed and 7",%7. ti'.' determ� na.:ion of amounts payable under the terms of this • ,tet„ .; ��; �, Agreement . (e) Confidentiality. Records, including any information whether recorded in writing or not, pertaining to the identify, diagnosis, or treatment of any employee which are maintained in connection with the performance of •' f," ?4't•? the Agreement shall be confidential and disclosed only in the following circumstances: 4� (1) When disclosure is authorized by the written '°`s;:�►` and signe . consent of the employee. Such consent must states (a) The specific information to be disclosed; (b) "•'-'':� The name of the person or organization to whom disclosure •• is to be made; and (c) The purpose or need for such disclosure. =• (2) When an employee's records are duly subpoenaed by a court having the requisite jurisdiction •-''=;':,' -and/or are not otherwise protected by a ,professional 1'i relationship..vtsi .(3) When required by laws of the State cf California governing psychotherapist disclosures pertaining to homicide or child abuse. 10. Quality Control of Services: A Licensed Clinical :�``►= Social. . Workers (L.C. S.W.) , licensed. by the State of ' •1�fJi:i 1 California to provide psychotherapy, shall provide ,the cour-seling service or supervise any assisting counseling staff within the AGENCY, 11. AGENCY, and the agents and employees of AGENCY, ' including its professional and non-professio0al staff ' + personnel, -..'shall act in" an independent capacity in the performance of this .Agreement. AGENCY shall furnish all `..: •r�` �'- personnel, supplies, equipment, furniture, utilities, - telephone and quarters necessary for the performance of '='`'"c'�• the services 'to be provided by AGENCY pursuant to this Agreement. 12. AGENCY shall maintain and keep in force during the �• �`. �::',. term hereof the following policies of insurance, with endorsements thereof naming the City of Lodi as an ^'•::�;_�_ additional insured. - r;'.•',: (a) A policy of professional liability insurance (malpractice insurance) which shall cover all Licensed .�`'��•. Clinical Social Workers providing services under this contract or administering this contract. ,'•�':� . (b) A comprehensive general liability insurance J ' policy in the amount of $500,000 each occurrence and '.r'� '•+,' ' $500,000 aggregate. (c) A policy of Worker's Compensat4.on Insurance to comply with California Statutory requirements. -•'-�€:: (d) Insurance coverage for automobiles owned b AGENCY and used by AGENCY employees, in the following •.�.`T.'` amounts: Bodily Injury $50,000 each person, $100,000 each accident and $25,000 property damage. �J,;.•.:.:. (e) Other insurance policies as required by maw. w "•'•'l' 13. AGENCY shall not subcontract out any portions -of these services without the written permission of LODI. If referral is made for psychiatric consultation or • ,'w��'t' 6 psychological testing away from AGENCY, this cost will be borne by employee and/or dependent. 14. AGENCY represents that each' of its employees and ;•-=.:-:,T�' agents is aware of the terms and conditions of this 'i Agreement and that they are likewise bound to the term •r�. . and conditions of the Agreement. "'�`'•:' 15. The parties shall not by any act, delay, omission '" "��=•"` or otherwise be deemed to have waived any of their rightsor remedies hereunder, unless in writing and signed by an officer of LODI or AGENCY, and then only to the extent "'`• `therein set forth. A waiver by LODI or AGENCY of any right or remedy under the terms of this Agreement on an one occasion shall not be con, -trued as a bar to, or a waiver of, any such right or remedy on any other occasion. ,':•�':: �: The failure of either party to seek redress of violation of or to insist upon strict performance of any provision of*this Agreement shall not prevent or dilute such party's •.+,;';�' right to insist later upon such performance of the same or y;`•":'.; similar provision or to have redress for the same or similar violation. :;• 16. Except as otherwise provided herein, neither party shall disclose any of . the details of this Agreement, or any of the terms hereof,.to any third party without prior •,: ,,,,,, part , unless ordered to do • written. consent of the othery, F '- •-'ai:•._r• so by a court of law. This. does not include those disclosures as required by the California State regulatory �t Qf laws pertaining to non-profit corporations or under which LODI is regulated. 17. The - parties herein agree that in the event of any dispute or disagreement between them relating to this-.�t•-: Agreement, the law of the State of California shall govern their rights and obligations hereunder. In -the event that •'`: `'' .any action is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees incurred therein. 18. Any controversy or claim relating to' this Ag;'eement, or the breach thereof, shall be settled by `-•• arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award . rendered by the Arbitrators may be confirmed in any Court having jurisdiction thereof. There shall be three (3) Arbitrators: AGENCY shall choose one Arbitrator and LODI shall choose one Arbitrator. These two Arbitrators shall choose a third Arbitrator: e`�'•�'��'"` .. -.— r moi. •-.•• .. - 19. Every provision of this Agreement is intended to .;.. be severable from the other provisions. In the event that any of the terms and provisions hergof are deemed to be iin _ violation of or prohibited by any applicable -law or �.� `�• ;.. regulation, such terms and provisions shall be deemed as -.a. amended or deleted to conform to such law or regulations without invalidating any of the other: terms and provisions of this Agreement. 20. No amendment or understanding which modifies the terms or conditions of this Agreement shall be binding ;;;;;,.�•;i ; upon ether party unless such. amendment or understaindincj '.• is contained in a writ ng signed by both parties. .':;; 21. Services under this Agreement shall be renderer! = •,• without discrimination on the basis . of -race, colors religion, national origin, sex, or ancestry. AGENCY shall use discriminatory practices in employment of ���.=..;r•. .not personnel, or in any other respect on the basis of race, color, sexy religion, national origin, or ancestry. '22. Any notice required under this Agreement shall be deemed to have been duly served if sent by regular mail or F by registered mail, as set forth herein:. TO: City of Lodi 221 West Pine Street :• Post Oifice Box 320 Lodi, California 95241 TO: Family Service Agency, Inc. •r 1130 North San Joaquin Street r `_~•.' - Stock•.• ton, California 95202 •, •�=��'�•',• Such notice shall be deemed to be effective on the day of the postmark w``�``•` 23, This Agreement is not assignable by either party, either in whole or in part, without prior written consent of the other party. 24. Exhibit "A" is part of this Agreement. 2`5. Both parties acknowledge that they have read this Agreement, --understand. it, and agree to -be- bound by its terms, and further agree that it is the complete and exc.l usi ve statement of the Agreement between the parti es which supersedes all p proposals. -oral or written, and all -- ','•.:-'{ ,, I.N. • Brij - other commi,gications between the parties relating to theOf r •11, subject ratter -of this Agreement. The undersigned *persons represent • that they each have the requisite authority to execute this Agreement on ' �'' ;,•' ' behalf of their respective organizations and to. bind those organizations to '-the terms of this* Agreement. - \'•: Vow. - FAMILY SERVICE AGUICY, INC., CITY OF LODI,-•a,municipal a non-profit corporation corpor ion - ... By B X - Richard A. Steinmetz, LCSW eery A. Glaves, Execa Live Director City Ma ager ATTEST; Alice M. Reimae City Clerk 1: , .'i' , .. • j� .�„i.•!n,':,(ti.i�..:” •��.<.,. y. 1'•:t.:..il�•'.i:• ' •� Wit• :► �'t. ''�rt.:`''_;;.::.� :, .1'• l EXHIBIT t'Ao'.i.' •t�: �;' _ �j• �' �: r ►'t • tootal 188 soled On Autrianrtarlon. deatoeretic reels. HaialS10nai soefa/ workers are dedicated ' to service lar the Waller* of mankind, to the orsciplin*d use of a raeogh acid body of knowledge about human beings any their intarac:lons, 0no #a Mm marshaling of eammunity r•sowcas to pro- mots the well-being of am without disciJaiinat,on Social work practice is a public trust that lequaos of its practitioners inlogrily. compassion. belief In the dignity and worth of human be►ngs, respuct for individual differences, a commitment to service, - =% and a dedication w truth. it roqulr•s Mastery of a DOJy Of knowledge and iklil gained through ptolea• . F~_ •;' •'. • ' slonal education and W114ence. lt,roqulres also reCognlrion of the hmitations of present knowledge !r and skit! and 01 the sfrtkus wi 419;nuw• aquipN•tl tri OWD. The end sought is Ane polformance at +' a service with lnf•4My and coq,pGlir csy �i :i •:, r Each member of thq profsiston fufiet responsltiiuly to maintaitt pad improve social work service; 'Constantly to. exAmine';ysotanq,Increase-the Anow/ud a on which prattles and socia! policy a0 .' tlassd; and to Jeveiop furthlar-tho philosophy and 44013 at the prolossion•. ; '411'• J i'',ir °�� .► '.TI,Ms Code,*( Ethics smboalos Cert0in standards. at behovici to. the social Walker in his proles. •' i ► .,tits g�isrs'� �i' " ' •► t' .3 not rate loan snips witA thoiaT►t'serves; witti his cove&guts. with his empfa' kip'* looncy, with other . i . �, ►. •, Iti A. ' •. ' •, '' • .! t''r`•prolessions; and lyito the eOfrlmar►/ty,: ht;abld,Pg by it. the Social wOlkei views Ali obligations In ' , •: ' �. +�' : }TjA-- ,•i • - ' ... . • " r �• as wide • Conlesi ao the situ0ticrt requires, 104.1 ail the principle l,into'eonsidorslion. and chooses• §l.�.'N! a :,.a Course at action conjist•nl with the Coda's spirit and intent i! • _V t'ti�: Via/ �•..,• ' • r.: • 144L '� 'r�Y,.! yi' f hs a member of the fVallonal Association o f social Wolkari t clonism! mysatt to COnduct.rny prole: .•} ti I Xq . slongUalstiongAlpi' in accord WithIthe cod• and subscribe to the following stol"onts: - '; -, 't r ,., '''-i •., �,). a -- t�i71:•,.: r ..,. .a y:= l:•i•• ' i:•'(i r' s:._ t �iq.tl,'Cj��;►.: i• .ti - �.r', , : �! togard as My'primary Obligatipq the weir' {•: •;1 recognize my p litsislonai resporlsibiHty ,, t�si:�,i►J•`J''�:�. • 1 tars of rhe htdlvidual. at, g►oup aarvld.'wtNctl =•` to add .my 'Witae and ,fJhd; ngs to the Dody of ' • ' - ;- , . ' �w.'a� :�t�'+ t ' j s IACludgs Action jot tin oven social eondltlons 1 sotaal work knowisd i arid: raeties. f '+' : ` �` ��'''� a•' • art 4, p p y P prowl Itis `* , �r•j'i I, r+.;••; , . • I. noi,dlstitlnslnsts..lseuuis ol; tato,.'. , • accept ns onsio4it to -pet .:f` ��•r. • 1 f ;color. nuglon,. age, $$A. of national ancustry' ,- . com quilily' egain3( unet4lcal.`practic• by an : � ` ; + t�� r •t and In my Joe; ipacity WIN wojic to'pro%'*At Pile. i : Itldivkluats gl'otgantzations ingaged in social ,. t:, a yr'• liMr4 t"= t' •' ollnllnate sucQ dlsujminatlui� Inlpga9rMg"u•Sy. it i wolhq* *cavities i • }• .�:: �' ' i''tr3a �.tl �? •. • ICS In work assignments; And )n �ampl:vmp•1t l �. t . !stand reaay,to' give approprfais pro as-- ,. ' , • f! s' 'praetlus : 3;' �._, •�i,t::.� -.I"..(�'�i; . �t;'�fonai servl¢a IA puDllt: ematganciea .• .r . J'. f'►' ' sb'tr. • 1 ptrr� ptscWenq W my` ptol•sslo('&1 1• • 1 distinguisi, clearly, In public - betwaen my , r , • ," •''r ' �a}k':- > ' .•'. {esponubitity ov•f my personal �rtterests ., 1` atat•manu and action* as an Individual and as"'. i _ . !.'. • ( -hold myself, responstwo fol tpa' quetay l' • repres•ntatlr• of ars organization Y ii h i i t t f •r • f:•: and e,!•tr:nt of,the service 1 Pertorm::.,� r t+ •p .• ,•.. • 1 suppers 'tt•.o prtndpla' that :prolassbnsi • • {, •'`.- ,,j •'I tespec{.the privacy,o( too pao( le.11sorya , practice requires ptotasstonal education. . ' "� � t•I. ti '; t•'•, • 1 use Ij a tesponsitl• manna! informsuon ,� . I:eccept'raiponilblilty lOr.woilting toward pained In professional relationships...;., .i.' i the cteation , and titalntonaoq of COndhiOnt •!'; air: �� 1 i~ ..s ^_i •`1 lregtwith ;apedths (lnalrga, views, grid.,* within apancbs that ah;bio sods)workers to ' L. •' -, 1 r�! Actions at., Colleagues and *-us* •apptc;Aato . •Conducl-thoms•lves in.keoping with this code. t..; •' �:r �Ii' r:. ,t: channNi to •seises Judgment on tttase mattgrs. •a,: • I eontrtbut• my krowteago, *kilts, and sup• - 't: ' • 1;•• t practice social work within the recognized : port to programs of human welfare. : ' '' • r � : f knowtooge led Compliance of the proles.lon, `..••taY;r'. .�, ' � , is •�• �t^ r t •I •': .'r:J• Ind•. .11 •r'1' 1111•' " t .!•: .. i..•. .� �! ,•;II• :, y ;t ii ,q s' ! t. , :.. \ :i SL P. ,. iiia 11, • .5. 5• ��'',- y't.• .•a, •' , ta-, V. 11,1 r,•,, !t1 'I` •'. •i' •�. r1 s . •.r e. `• 'l fel.. '.-•" � �'.-%�•`'�' ', •'.. �':"j1 t1• , . • l r y s1�'. T1.1 11 gasvi t1--k4r ...I . lid• ,�`1•.r. 1•�• ti,� •.. ,.' -.• • : •,: ' . .. • .' .-, :: �, ;.:; � :.• .. ,. ' ,; k'••� ars `, i+ ''1Adop1•C by lra Oewgal• Allemcly o11he karontl A11xlstloni',',''! :+� '•` ."' '► i`•' isj•��la; s. �.} f 'j• r 10l Ucsal Wad•,•. OctoCr, 1]. 1960. And •m•na•d Apd 11, 1941.) A. ' .� �:�Y •%( f ' A G R E E M E N T cr(� THIS AGREEMENT made and entered into this day of , 1984, by and between the iiTY OF LODI, a municipal corporation, with its principal. place of business at 221 West Pine Street, Lodi, California 95240, hereinafter "LOBI",,and FAMILY SERVICE AGENCY, INC., a non-- profit corporation registered with the Franchise Tax Board of the State of California, with its principal place of busi ess al. 1130 North San Joaquin S>treet,•Stockton, California 95202, hereinafter "AGENCY". WHEREAS, LODI desires to extend to its employees certain - services which AGENCY can provide; and, WHEREAS, AGENCY represents that it is equipped, staffed and prepared to provide these services, and that it is staffed with persons who have expertise in dealing with potentially disabling emotional and family problems related to job or career, alcohol and drug abuse, marriage and family, children's problems at home or at school, teens with family ani friends, divorce, anxiety feelings, sexual concerns, depression and loneliness, general insecurity, aging-parent/self, and preparation for•.retirement; J NOW, THEREFORE, in consideration of the -mutual representation, promises or covenants contained herein, LODI and AGENCY agree as follows: 1. Services: AGENCY agrees to provide services as follows: (a) AGENCY will provide on as needed basis thirty (30) unit hours of awareness training for LODI personnel. The purpose of this education will be to "define" what constitutes a troubled employee; the kinds of personal and family problems which may, if unattended, become disabling or create problems on the job; how to make a referral; and familiarizing employees with how this counseling program can help the troubled employee who, when helped with personal and family problems, can possibly be more effective on the job. Special awareness training will be provided 'to supervisory and managerial personnel focusing on recognizing how family -related and personal problems adversely affect an employee's work performance. (b) AGENCY will accept referrals for counseling of any LODI employee, said referrals generally to be made by employee's department head, supervisor, or by the director of personnel services. Employees and/or their legally recognized dependents may refer themselves to AGENCY. (c) AGENCY will provide up to eight (8) unit hours .of counseling interviews with the employee and/or his eligible dependents for diagnosis, assessment, short-term treatment, and referral whenever longer-term counseling and/or possible psychiatric service is indicated. Counseling interviews may be with an individual or with a family unit or couple. Eligible dependents are defined as an employee's wife or husband and an employee's unmarried children r•^ 0 within the age limits below (including stepchildren, foster children or any other children living with employee in a regular parent-child relationship) if (1) they are supported by employee, (2) they arfz eligible under the .City of Lodi Pacific Mutual Life Insurance Company Group Insurance Policy only as dependents, (3) they are not covered under said Group Insurance Policy as another .person's dependents, and (4) they are not on active duty in any armed forces. Age Limits for Children: under 19 years,- but extended to under 23 years for full time students. ?+,: A full time student is a dependent child who attends ` a high school, college or university or' vocational, ' technical or trade school on a full time basis. .. •.fir •'•. Handicapped Dependents: A covered dependent child, who is incapable of self-sustaining employment because of mental retardation or physical handicap and is chiefly dependent upon employee for support, will not have his medical coverage terminated under said Group Insurance Policy because he has reached the maximum age limit. The Personnel Director of LORI shall have the final determination of eligibility. (d) AGENCY will respond immediately to referrals of LODI employees when there is the potential of emotional trauma because of a job related emergency. For example, this crisis intervention would be available to the police or fire department when the employee's action on duty has ' resulted in critical injury to the employee or critical injury or death to another person. (e) If a referral is made away from AGENCY following the eight (8) unit hours provided by LORI, such referral will be made to an agency or person who is licensed and who provides quality mantal health services. Whether continuing with AGENCY or receiving service from another licensed mental health professional, the employe may utilize the health insurance benefits provided to employees by LODI and/or personal funds in payment of fees. (f) AGENCY, if requested by LODI, would set up and conduct a maximum of four (4) seminars and/or' workshops useful within certain City offices, such as a Workshop on stress management. (g) AGENCY will be a,.railable for consultation to supervisory and management personnel who are concerned about an employee's problems on the job and who are attempting to han,'ie the problem directly with the employee. In other words, referral for counseling with AGENCY may not be indicated at this point in time, but the supervisory or managerial personnel may wish consultation to be better able to handle the employee's problems on the job. (h) AGENCY will provide counseling service as much as possible in the AGENCY office in Lodi, currently located at 104 North School Street, Suite 217. If it is more convenient, or if the employee prefers, the employee n, may be counseled in the office of AGENCY in Stockton, which is located at 1130 North San Joaquin Street. AGENCY will provide service to employee and/or dependents in English or.in Spanish, -if, in fact, Spanish is the language -of c oice for the employee. 2. All services rendered under this Agreement shall be provided in a manner consistent with the Nttional Association of Social Workers' Code of-Ethics,.as co:1tained in Exhibit "A". 3. Term:- The term of this -Agreement shall commence October 1. 1984 and end September 30 1985, unless earlier -terminated as hereinafter provided. 4. Renewal: This Agreement may be renewed for periods of one (1) year by written notice (letter) from'LODI to AGENCY and written reply from AGENCY to LSOI.. Any changes in terms f of the Agreement,-includino payment for services, will be clearly stated in the written notice and reply. 5. Termination: N-otwithstandtng any other clause in this Agreement, this Agreement.and any extensions thereof may be terminated by either party by thirty (30) days rootice of intention to terminate. 6. Payment for Services: LODI shall pry the fdllowing amounts: (a) LODI will pay for this service based on -a formula of an annual payment for each authorized employee. Using the LODI Personnel Status Report as of July 1, 1984,. showing 300 authorized positions times $51.00 per year AA - 5 - t. ($4.25 per month) for each employee,.the total,contract amount will be fifteen thousand three hundred dollars ($15,300.00). (b) This amount will cover payment for up to a maximum of thirty (30) hours per month for counseling services to ernplogees and dependents; awareness training and interpretation of service for employees: cansultation with management and supervisory personnel; -or coordinating seminars. (c) LODI will pay no fee to AGENCY for any interview• beyond the eight (8) interviews allowed employee and/or dependent through the terms of this Agreement. :.�, (d) Payment to AGENCY by.LODI will be made monthly.. after receipt of billings.from AGENCY on claim forms designated for this purpose. Format or other..necessary.changes may be .,_gyp• by the AGENCY or..LODI- as needed. All -billings-shall cl early reflect, and 'in reasonable detail, give information regarding the service for.which claim As made. Identification of clients ,.`t,:'• in billings shall be made by.code and not by name in order to preserve the confidentiality of the names of clients. Billings shall be made and forwarded t LODI within five (5) days after :.• the end of each calendar.month. Payment shall be forwarded to AGENCY prior to the -fifteenth (15th) - day •of the same month-.. that billing is received. (e) LODI guarantees to AGENCY a.minimum payment of fifteen thousand. three hundred dollars, ($15,300,00) or I.. one thousand two hundred and seventy-five dollars U W ($1,275.00) per month for -the twelve (12) month term of this Agreement. It is anticipated that during the initial start-up stage of this program, while referrals are being• developed- and counseling services. explained through awareness -Arai ni ng by. AGENCY with LODI, there will be reluctance . *to initiate referrals made to AGENCY. In this .case, LODI may request AGENCY provide -additional awareness training or develop other interpretive information to make •••- up for the fewer counseling referrals during this initial period. for which payment is guaranteed by LODI. 7. Eligibility: Client eligibility shall' be verified ;....:, and determined through contact with a- delegated person at LO'DI who is responsible for validating eligibility. This person '.wou-1d a1s,o verify LAe eligibility of any self- referred employees of LODI. 8. Confidentiality;. The names and identity of any ._..-' employee who receives -services under the terms of this contract. shall be kept confidential and snall not be , r reveal ed . to anyone except as otherwise provided under clause seven (7) above or clause nine -D (9(d)) below. =-•:r, 9. Records: (a) Case Records. AGENCY shall maintaip adequate.'-:,.,` case records on each individual client which shall include.-' diagnostic evaluation. and summary record. of services �- provided by AGENCY. (b). 'Statistical Records. AGENCY.' sha11 provide LODI with statistical. records on a quarterly. basis, identifying � r. �7 I 1P the utilization of -the services and the program performance. (c) Financial Records. Appropriate service and financial..records shall be retained by AGENCY for a -period of four years following. completion of this Agreement or until such time as all audit findings are resolved. (>d) Accountability. The AGENCY agrees to extend to .LODI the right to audit and inspect any financial records of AGENCY which pertain to services performed and determination of amounts payable under the terms of this Agreement.: (e) Confidentiality. Records, including any information whether recorded in writing or not, pertaining to the identify, diagnosis, or treatment of any employee" which are maintained in connection with the performance of the Agreement shall be confidential and disclosed only in the following circumstances: (1) When disclosure is authorized by the written and signed consent of the employee. Such consent must stAte: (a) The specific information to be disclosed; (b) The name of the person or organization to whom disclosure is to be made; and (c) The purpose or need for such disclosure. (2) When an employee's records are duly subpoenaed by a court having the requisite jurisdiction and/or are not otherwise protected by a .professional relationship. (3) When required by laws of the State of California governing psychotherapist disclosures pertaining to homicide or child abuse. 10. Quality Control of Services: A Licensed Clinical Social. Workers (L.C.S.W.), licensed by the State of California to provide psychotherapy, shall provide the counseling service or supervise any assisting counseling ,staff within the AGENCY. 111. .AGENCY, and the agents and employees of AGENCY, including its and non-professiopal staff 'professional personnel,,- shall act. in an independent capacity in the performance of this Agreement. AGENCY shall furnish all personnel, supplies, equipment, furniture, utilities? telephone and quarters necessary for the performance of the services to be provided by AGENCY pursuant to this Agreement. 12. AGENCY shall maintain and keep in force during the term hereof the following policies of insurance, with endorsements thereof naming the City of Lodi as an additional insured. (a) A policy of professional liability insurance (malpractice insurance) which shall cover all Licensed Clinical Social Workers providing services under this contract or administering this contract. (b) A comprehensive general liability insurance policy in the amount of $500,000 each occurrence and $500,000 aggregate. (c) A policy of Worker's Compensation Insurance to comply with California Statutory requirements. (d) Insurance coverage for automobiles owned by AGENCY and used by AGENCY employees, in the following amounts: Bodily In- ury $50,000 each person, $100,000 each accident and $25,000 property damage. (e) Other insurance policies as required by law. 13. AGENCY shall not subcontract out any portions -of these services without the written permission of LODI. If referral is made for psychiatric consultation or ••:'..': psychological testing.away from AGENCY, this cost will be " borne by employee and/or dependent. 14. AGENCY represents that each of its employees and agents is aware of the terms and conditions of thin '`•' -A Agreement and that they are likewise bound to the terms and conditions of the Agreement. ` 15. The parties shall not by any act, delay, omission or otherwise be deemed to have waived any of their rights or remedies hereunder, unless in writing and signed by *an ... officer of LODI or AGENCY, and then only to the extent therein set forth. A waiver by LODI or AGENCY of any right or remedy under the terms of this Agreement on any one. occasion shall not be construed as a bar to, or a waiver of, any such right or remedy on any other occasion. The failure of either party to seek redress of violation of or to insist upon strict performance of any prevision of'this Agreement shall not prevent or dilute such party's right to insist later upon such performance of the same or AVF similar provision or to have redress for the same or similar violation. 16. Except as otherwise provided herein, neither party shall disclose any of the details of this Agreement, or any of the terms hereof,. to any third party without prior written.consent of the other party, unless ordered to do so by a court of law. This does not include those disclosures as required by the California State regulatory laws pertaining to non-profit corporations or under which LUDI is. regulated. 17. The 'parties herein agree that in the event of any dispute or disagreement between them relating to this Agreement, the law of the State of California shall govern their rights and obligations hereunder. In 'the event that -any action is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall be entitled to recover reascnable costs and attorneys' fees incurred therein. 18. Any - controversy or claim relating to this Ag;70%eament, or the breach thereof, shall be settled by arbitration in accordance with the rules. of the American Arbitration Association, and judgment upon the award rendered by the Arbitrators may be confirmed in any Court having jurisdiction thereof. There shall be three (3) Arbitrators: AGENCY shall choose one Arbitrator and LODI 7 shall choose one Arbitrator. These two Arbitrators shall choose a third Arbitrator.' 19. Every provision of this Agreement is intended to ' be severable from the other provisions. In the event that any of the terms and provisions hereof are deemed to be.in violation of or prohibited by any applicable law of regulation, such terms and provisions shall be deemed as amended or deleted to conform to such law or regulations without invalidating any of the other terms and provisions .of this Agreement. 20. No amendment or understanding which modifies the terms or conditions of this Agreement shall be binding upon either- party unless such. amendment or understanding is contained in a writing signed by both parties. 21. Services under this Agreement shall be rendered P.':;';• r without discrimination on the basis of- race, color, .� r religion, national origin, sex, or ancestry. AGENCY shall _' .not use discriminatory practices in employment of .: ":: -: • , personnel, or in any other respect on the basis of race, color, sexy religion, national origin, or ancestry. �. 2.2. Any notice required under this Agreement shall be deemed to have been duly served if sent by regular mail or by registered mail, as set forth herein:. TO: City of Lodi 221 West Pine Street " Post Office Box 320 Lodi, California 95241 TO: Family Service Agency, Inc. 1130 North San Joaquin Street Stockton, California 95202 Such notice shall be deemed to be effective on the day of the postmark. , &Vw 23. This Agreement is not assignable by either party, either in whole or in part, without prior written consent of the other party. 24. Exhibit OP is part of this Agreement. 25. Both parties acknowledge that they have read this Agreement, understand it.and agree to.be bound by its terms, and further agree that It is the complete and exclusive statement of the Agreement between the parties, which supersedes all proposals, oral or written, and all other commuqications between the parties relating to the subject mutter of this Agreement. Th -e undersigned -persons represent- that they each have the requisite authority to execute this Agreement on behalf of their. respective organizations and to bind. those organizations.-. to. -the terms of this- Agreement. FAMILY SERVICE AGENCY, INC., CITY OF LODI a -municipal a non-profit corporation corporation By By RiMR.A. Steinmetz, LCSW Henry A. Glaves Jr. Executive Director , City Manager ATTEST; Alice M. Reimche City Clerk -13- t :, ... .,' ...• •taw � ��'•� ;. � ! TAll : t '• �..t�+: -' .1' -.- ': ' 880041 wertt 1s eased on Itwina/►hartan, derroc'stic ,do•ls. Prolesional social workers rededicated to service lot the wobble of mankind, to ones m.,;ia4nod was or t recogntted Cody or anowledge •t.' about Amman beinait and their interactions. Ana w toes nsarshating of community resources to pro. 011011. the welt -041119 01 410 wNAbut dsSC'rkninOlean . .' • ' ',i \ - Social work practice is a public trust roar toquuos of lts praciluonars integrity, compassion, ballet +. !rf the dignlly and worth of human botngs, rospact int tndtviauat ddrerences, a commitment to Service, and °e dedication to truth. ft requires rntasrory of a ouuy at knowledge sna still pained through protas- i�`_ • aionai ettuCatlon and asper:ance. it requires also r•cognotion of the U{nitations of present )rnowledgo and skod and a/ this 'Crykrts wi are.nasw. eQiol)f-.0 it, flora. Us end sought is ;hs performance of � : jt[ � •, i' a service with integrity and i:owpolattce.r ;t: , . r ~ :a Each'ma-ritot'ol thl ptojoision ar +es, ft3 an SI&Jsy to maintain, find bnprove social work service: •� '` '.�'.`C'�: " . s. . cnrrsfanty lo•esImine► lose� anq,tiicraasa"the Anawfudge on which pracic• agd•sixia/ policy ate •• "� _ basad: and to develop lwrthaf thio phtJosophy ane skuh of Iheprotasston, ! ', tfls Coda,oj f ►fifes embodies celtain standards of behaviof lot int social worker.in hit protea �: ; 6 A --2'I- _ ► :t Sionat rebifonshlps Willi (hoie ry "rta�soos, .vita his coliaae gus, with his omp/oying agency. with othar • �, , • �� �+► f J ' 1•'-,prol6s4loAs; end vritp Iha c0{nm,int1y,.iq abiding cr it. Me soc:at worker views his oWtgalions 1A .• -, '+•� �' 'tee` ' V� 7: t. V. Y + r L• as wide a conliat as Me sitwtlor) requires, laotos all the prrneipial into'eons..ierN firion. and chooses. t ' : • • •.s•Yr': i •• eom si ti1 ac Consistent wlttl he code's $ull and intent: " ; r `i; •t �' " ' c►' 't + ,-?a ! {•! ��. !! f p i; tis-�..:'>•' Ass member of Mia Natlonat As3oclotion of Social Workari t cgrgr{tlt mysell to conduct my protea• �! t 1, r aiona! nlatbnfiApi' M iCcold wuA lin eoaa and subscrlbo MIA following sura anti. , • ' J + • ! . ; • �/. J � , •`,.,. My .. , ... •'. .:1 ' - .. •..•.' Y- �.- ,. .`j+ _.., , • •. iii rt` `•r{•t + i ,• r i::�,S t ...%•- 1 �_3.�: ".,,y\t.}t L,, +.: :,,.i• • _,F r Ca i •, • ,", ., •• S. •7,1 t./ i. r r e ! osgard as it+y primary• obligalton the wase j : •;1 tecognuri, my prptaslorwsl respaasibillty • • '}` a i Y "' '' ' %�'~' ;'•• ftsreof inhar�kj?'lo ►da.fny'ideas and.11t)dlitgs to its body of ;; ta,.i if►duG�s cellon tor Improving totlat Condiit4rts.t social %Grit knowletfpe and praartite. '" : r •' '+ ' t' y �f ' c }'t': • t will not ause ole-ra e,.' • 1 accept ns onsii ity to. NP PtCosttaminee becthe ` ' a art• t'�: t • a '•tcolor, repglor,,, ►oe, tax,' of national ancostry corntriuntty, soslnst unethical prscticit =y any oft a acU will wo k o' avant n" t 1 alvitluats • '•, M my 1 F P y 11 t ,1 f� , , x,11 - • P gl'otganizations afws9ad to social •� ,tit+.tib ' ..eliminate such disco meat In o a tin sit lt' at • acttylttes 1 •: • ` {t t 1'Z ••al ka. In work assignments, and ln. am to .1t j�+•. '• 1 stand ready,Io'give appropriate:pmts* �* ' `' }fir t °'practicaa;,! '• ` >,f;'z ;'+ ="'iii `."$lortat service Iq public er(targancies.' 1:'. •'• .1?} ra.,: ;, • 1 • give'fp)ec,aG•nee'• to . my`• ptolossloa: • t• • 1 distinaulsn clearly; IllpuhgC; b•tvr•an my '• : , ,. y,:'s.' '� ►",; ceaponsiaiUty.ove; my personalInto»azs..t •�.' +� "s•at•morels aha aC►totse as M Individual and as"' • . f.'. • ( hold , ,.'t►., and extent tiin! tiniIt. e"troviceo! R •rrorm: 'the it- qt �uoiltit'y'• t • • ( Liv of an otgartlsatlon au PPort•iM Prtncl •"that:proloes.,Professional. x '' , h•'.'da' a+ ►•S -' tt S ' i • n• c M rival: 'o s practice W jet p , y �• eyplia a •, • r•tiulHa p{otessional oauc•tiOn. _ • . • 1 P t 't.accepth. r ' • ;•use 1' a as tisibl• mann Atormslion �� .• I r6 ' Aa1b11t! 1to k - �apo r wet Its' Toward �r 9 ig a• S� Ottinod i:; protessional relationships ' •. , :. • ; ;` the CtN11on , Al1d intlnlanlMe of conahlone 't ' t !, l t� ; ± ►t• •" t treat wnq {aspect the findingx ylewk, sftd.,4,. within agencies that enable social workers tG '' 1 Fl• actions of ,tbaaapw6 and %usse approprtatri .' ; conauct•t^,emsa:vas in ttseoh g with thio coeds +.. • : '•• I'El,�{-�' , thsnnelt to express judgment on these maggts. i contribute fny knowttogo,'akitls,and sup. - ;-' ' i I prsetice social work within the recoonued ;pori to progtams of bumaA y,oltsre: +' •� `'� N\'' knowl•dge.ape competence of the plolession, ' ''; J ;t.' ',. . ' ',' t �: • r',� s , :. ,. • .. ,,�''t',j, , 1 :1' •'rte. :d, .- r l••' •1�,+ . �. 11' , �,. -i:l 'fin '• 1••'•11 T!1j 41 • •t,' .. •r r a, ,1 i i „• i,•• •j . rtt�•y,. •i; r,,•a•`rar• , 1Adop1•p by 1M O•:ogala Assa,noty of the hatson9f Assoc lotion ' . . ` v ? sot; : • ` it ! y r t of Social vias•,&, OctoDtr 13. 1964. 9110 amanani Aprlt 11, 10tiT r+ '� ♦,,: I E (� WAIN mill, Boglee mill,9�/ 1130 N SAN JOAOUIN ST. • STOCKTON. CALIFORNIA 95302 { (2091948-2354 September 26, 1984 Mr. Jerry Glenn Assistant City Manager City of Lodi 221 West Pine Street P.Q. Box 320 Lodi, CA 95241 Dear Jerry: I am pleased to enclose the twelve-month statistical survey of our Employee Assistance Program contract with City of Lodi. As I mentioned. during your telephone call to me last week, we have been very sa>tisfied in working with City of Lodi. Family Service Agency finds no major problem either with the contract i itself or with the administration of the contract by either party. Whenever there have been any questions on your part or on ours, I believe these have been discussed and readily settled appropriately. I am most pleased to learn that' City of Lodi wishes to continue with this contract. Our only request is an increase in our financial reimburse- ment for the contract year beginning October 1. As we discussed, the current proposal indicates an increase of almost exactly 10% of the previous contract and will total $15,300.00 for the contract year. As noted in the attached City of Lodi statistical report for the contract year with Family Service Agency, altogether there have been 37 referrals into this program. This includes 21 City of Lodi employees and 16 City of Lodi employee -family ;members. The breakdown according to the initial problems clearly indicates the greatest request has been for marriage and family problems, Job difficulties, or personal anxiety creating difficulty for Lodi employees or dependents. Altogether, our program staff have provided 209 personal counseling sessions. You might be interested to know, also, that there have been five people who have continued with counseling or psychotherapy following the termination of their eligibility for the Lodi program. Your program has provided an entre for them which may not have otherwise occurred. ;EP 2 7 i RICHARD A STEINMETZ, ECSw EXECUTIVE DIRECTOR 0.04 O N OC«00l ,v SL'�Tf 11) �VOSAC wAYfMT(� Sr wlf• ,A W !wlfT IQjN IINCOIN 'Go, N>•O f3C AEON C• •5)JO Tw Afv CA {fJ ){ 623110 CA,CA N7]{ V/u{lw Of 1A 11 {/•v Kf C: -C" O• CAI'f0-1- INONPROFIT OwllAN17A TION, Mr. Jerry Glenn Assistant City Manager City of Lodi September 2b, 1984 Page Two We look forward to continuing with City of Lodi. It is enjoyable to work with you and is a very rewarding experience for our staff. With '-warm ds, jjf�zi� cha d A. jStelnmet2, LCS ExecutivP Director RAS/jlc Enclosure cc Henry A. Glaves, Jr., City Manager Ronald Stein, City Attorney Bill Hinkle, Personnel Manager