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HomeMy WebLinkAboutAgenda Report - November 5, 1986 (103)PC TNCIL COAMUNICATIOY PREPARED BY: Assistant City Manager RECCkIMENDED ACTON: That the City Council authorize the City Manager to enter into a contract with the Family Services Agency to continue the City's Employee Assistance Program, at a cost of $21,240 per year. (See Exhibit "A" attached) BACKGROUND INFORMATION: The City.has made available to our employee counseling services for a wide range of problems from family and marriage to drug and alcohoi abuse. The Family Service Agency has also been available to our Department Heads for advice on difficult problems in the workplace. The program is obviously well received and utilized by our employees, as the use of the progrzun has increased over 33% in the past year. We can't put a direct dollar figure on the benefits of the program. We are not made aware of the specifics of employees who have utilized the program, but are aware of situations that we have initiated and have seen positive results. Because of the increased usage, it is necessary for +hc, (`i+w to r+nn}r.n} Fnr mird hrowr norl- –F {-ho ;--.— --� hoc +-r> 1v a x_ 4 CITY COUNCIL THOMAS A. PETERSON FRED M: REID,-Mayor CITY t / 1 ®1' 3 1 - City Manager. ' RI EVELYN M. OLSON ALICE M. MCHE Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET City Clerk DAVID M. HINCHMAN CALL BOX 3006 RONALD M. STEIN t JAMES W. PINKERTON, Jr. LOD1, CALIFORNIA 95241 1910 Ci Attorney City y 3" J; F. S`- JOHN R. (Randy) SNIDER (209) 334-5634 y Novenber 12, 1956 a C Mr. Richard A.. Steinmetz Executive: Director Fan -Lily Service Agency 1130 North San Joaquin Street Stockton, CA 95202 Deai Mr. Steinmetz: "r Enclosed herewith please find fully executed copy of the renewal contract between the Family Service Agency and the City of Lodi covering the period of October 1, 1986 to September 30, 1987 which was approved by the Lodi City Council at its regular meeting of November 5, } .1986. 1 Should you have any questions, please do not hesitate to call. k Very truly yours, 1 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 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 Mut-ual Life Insurance Company Group Insurance Policy only as dependents, (3) they (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 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 :x problems on the job. (h) AGENCY will provide counseling service as much as possible in the AGENCY office in Lodi, currently located at 303 Louth Pleasant Avenue. If it is more convenient, or if the employee prefers, the employee may be counseled in the office of AGENCY in Stockton,.which is located at 1130 Nortb-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 in Exhibit "A". 3. Term: The term of this Agreement shall commence October le 1986 and end September 30, 1987, unless earlier terminated as hereinafter provided. -4- 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 LODI. Any changes in terms of the Agreement, including payment for services, will be clearly stated in the written notice and reply. 5. Terminationi Notwithstanding any other clause in this Agreement, this Agreement and any extensions thereof may be terminated by either party by thirty (30) days notice of.intention to terminate. 6. Payment for Services: LODI shall pay the following amounts: (a) LODI will pay for this service based on a formula of a monthly payment for each authorized employee. The LODI-Personnel Status Report of each month showing authorized positions will be used to determine the eligible employee untis. LODI will pay $5.13 per month for each employee. The total contract amount will not be in excess of twenty thousand six hundred forty dollars ($20,640.00) . (b) This amount will cover payment for counseling services to employees and dependents; awareness training and interpretation of service (b) Statist ical'Records. AGENCY shall provide LODI with statistical records on a quarterly basis, identifying the utilization o;f 3 (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 s governing psychotherapist disclosures pertaining to homicide or child abuse. 10., Ouality Control of Services: A Licensed Clinical Social Worker (L.C.S.W.), licensed by the State of California to provide psychotherapy, shall provide the counseling service or supervise any assisting counseling s staff within the AGENCY. ;7 11. AGENCY, and the agents and employees of AGENCY, including its professional and non-professional staff 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. -8- (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 Injury $50,000 each person, $100,000 each accident and $25,000 property damage. f (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 this 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, andthen only to the- N 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 _ge Y Z 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 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 LAI j, .third party without prior written consent of the other party, unless f ordered to do so by a court of law. This does not include those tre discl-osures`as required by the California State regulatory laws pertaining to non-profit corporations or under which LODI is regulated. Al `. 17. The parties herein agree that in the event of any dispute or 2 disagreement between them relating to this Agreement, the law of the State z "s ',pj 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 I M provision of this Agreement, the prevailing party shall be entitled to t-5 recover reasonable costs and attorneys' fees incurred therein. 124 18. Any controversy or claim relating to this Agreement, 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. -10- n 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 or 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 bath parties. 21. Services under this Agreement shall be rendered without discrimination on the basis of race, color, 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, sex, 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 by registered mail, as set forth herein: TO: City of Lodi 221 West Pine Street - Post Office Box 320 Lodi, California95241 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. -11- 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. 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 communications between the. parties relating to the subject matter of this Agreement. The undersigned persons represent that they each have the requisite t authority to execute this Agreement on behalf of their respective ,.z organizations and to bind those organizations to the terms of this °s Agreement. FAMILY SERVICE AGENCY, INC. CITY OF LODI, a municipal anon-profi rporation corporation. k Richa d A. Steinmetz, LC SW Thomas A. Peterson Executive Director City Manager ATTEST: t. Ay ell Alice M. Reimche City Clerk 4: -12- µ - ,�+'+'<. yC�