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.
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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.
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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.,
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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
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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
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fees •
.
- (f) AGENCY, if requested by LODI, would set up anal`
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conduct a maximum of four (4) seminars and/or' workshops
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. useful within certain City offices, such as a Workshop on
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stress management.
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(g) AGENCY will be available for consultation to
supervisory and management personnel who are concerned
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about an - employee's problems on the job and who are
attempting to handle the problem directly with the
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• employee. In other words, referral for counseling with
-AGENCY may not be indicated at this point in time, but the
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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
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located at 104 North School Street, Suite 217. If it is
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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
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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."
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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
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($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
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developed and counseling services. explained through
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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
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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
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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.
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8. Confidentiality;;. The names and identity of any
employee who receives -.services under the terms of t i s
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contract. shall be kept confidential and shall ' not be
revealed. to anyone except as otherwise
p provided under
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clause seven (7) above or clause nine -D (9(d)) below.
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9. Records
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(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.
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(b) Statistical Records. AGENCY' shall provide LODI
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with statistical records on a quarterlybasis. identifyipg
the utilization of -the services and the program
performance.
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(c) Financial Records. Appropriate service and
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financial. records shall be retained by AGENCY for a period
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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
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determ� na.:ion of amounts payable under the terms of this
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,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
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the Agreement shall be confidential and disclosed only in
the following circumstances:
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(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)
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The name of the person or organization to whom disclosure
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is to be made; and (c) The purpose or need for such
disclosure.
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(2) When an employee's records are duly
subpoenaed by a court having the requisite jurisdiction
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-and/or are not otherwise protected by a ,professional
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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
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Social. . Workers (L.C. S.W.) , licensed. by the State of
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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,
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including its professional and non-professio0al staff
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personnel, -..'shall act in" an independent capacity in the
performance of this .Agreement. AGENCY shall furnish all
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personnel, supplies, equipment, furniture, utilities,
- telephone and quarters necessary for the performance of
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the services 'to be provided by AGENCY pursuant to this
Agreement.
12. AGENCY shall maintain and keep in force during the
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term hereof the following policies of insurance, with
endorsements thereof naming the City of Lodi as an
^'•::�;_�_
additional insured.
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(a) A policy of professional liability insurance
(malpractice insurance) which shall cover all Licensed
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Clinical Social Workers providing services under this
contract or administering this contract.
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(b) A comprehensive general liability insurance
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policy in the amount of $500,000 each occurrence and
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$500,000 aggregate.
(c) A policy of Worker's Compensat4.on Insurance to
comply with California Statutory requirements.
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(d) Insurance coverage for automobiles owned b
AGENCY and used by AGENCY employees, in the following
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amounts: Bodily Injury $50,000 each person, $100,000 each
accident and $25,000 property damage.
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(e) Other insurance policies as required by maw.
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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
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psychological testing away from AGENCY, this cost will be
borne by employee and/or dependent.
14. AGENCY represents that each' of its employees and
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agents is aware of the terms and conditions of this
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Agreement and that they are likewise bound to the term
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and conditions of the Agreement.
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15. The parties shall not by any act, delay, omission '"
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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
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`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.
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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
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right to insist later upon such performance of the same or
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similar provision or to have redress for the same or
similar violation.
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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
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part , unless ordered to do
• written. consent of the othery,
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so by a court of law. This. does not include those
disclosures as required by the California State regulatory
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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
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.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
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arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award
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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`�'•�'��'"`
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19. Every provision of this Agreement is intended to
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be severable from the other provisions. In the event that
any of the terms and provisions hergof are deemed to be iin
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violation of or prohibited by any applicable -law or
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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
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upon ether party unless such. amendment or understaindincj
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is contained in a writ ng signed by both parties.
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21. Services under this Agreement shall be renderer!
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without discrimination on the basis . of -race, colors
religion, national origin, sex, or ancestry. AGENCY shall
use discriminatory practices in employment of
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.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
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Post Oifice Box 320
Lodi, California 95241
TO: Family Service Agency, Inc.
•r
1130 North San Joaquin Street
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Stock•.•
ton, California 95202
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Such notice shall be deemed to be effective on the day of
the postmark
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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
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other commi,gications between the parties relating to theOf
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subject ratter -of this Agreement.
The undersigned *persons represent • that they each
have the requisite authority to execute this Agreement on
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' behalf of their respective organizations and to. bind those
organizations to '-the terms of this* Agreement.
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\'•: Vow. -
FAMILY SERVICE AGUICY, INC., CITY OF LODI,-•a,municipal
a non-profit corporation corpor ion
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By B X
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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•
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• 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'
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.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
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..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-,
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' .� �:�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 :, ...
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: 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
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7: t.
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+ r L• as wide a conliat as Me sitwtlor) requires, laotos all the prrneipial into'eons..ierN
firion. and chooses.
t ' : • • •.s•Yr':
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eom si ti1 ac Consistent wlttl he code's $ull and intent: " ; r `i; •t �' " ' c►' 't + ,-?a ! {•! ��.
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Ass member of Mia Natlonat As3oclotion of Social Workari t cgrgr{tlt mysell to conduct my protea• �! t 1,
r aiona! nlatbnfiApi' M iCcold wuA lin eoaa and subscrlbo MIA following sura anti. , • ' J + • !
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r r e ! osgard as it+y primary• obligalton the wase j : •;1 tecognuri, my prptaslorwsl respaasibillty • • '}` a i Y "'
'' ' %�'~' ;'•• ftsreof inhar�kj?'lo ►da.fny'ideas and.11t)dlitgs to its body of
;; ta,.i if►duG�s cellon tor Improving totlat Condiit4rts.t social %Grit knowletfpe and praartite. '" : r •' '+ ' t' y �f
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t will not ause ole-ra e,.' • 1 accept ns onsii ity to. NP PtCosttaminee becthe ` ' a art• t'�:
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a '•tcolor, repglor,,, ►oe, tax,' of national ancostry corntriuntty, soslnst unethical prscticit =y any
oft a acU will wo k o' avant n" t 1 alvitluats
• '•, M my 1 F P y 11 t ,1 f� , , x,11 - • P gl'otganizations afws9ad to social •� ,tit+.tib
'
..eliminate such disco meat In o a tin sit lt' at • acttylttes 1 •: • ` {t t 1'Z ••al
ka. In work assignments, and ln. am to .1t j�+•. '• 1 stand ready,Io'give appropriate:pmts* �* ' `' }fir
t °'practicaa;,! '• ` >,f;'z ;'+ ="'iii `."$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
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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 , :.
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1Adop1•p by 1M O•:ogala Assa,noty of the hatson9f Assoc lotion ' . . ` v ? sot;
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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