HomeMy WebLinkAboutResolutions - No. 83-95RESOLUTION NO. 83-95
RESOLUTION APPROVING THE ESTABLISHMENT OF AN
EMPLOYEE ASSISTANCE PROGRAM AND APPROVING AN
AGREEMENT WITH THE FAMILY SERVICES AGENCY, INC.
TO PROVIDE CERTAIN SERVICES UNDER THIS PROGRAM
RESOLVED that the City Council of the City of Lodi
does hereby establish an Employee Assistance Program for
employees and certain family members of employees of the
City of Lodi.
BE IT FURTHER RESOLVED that the City Council of the
City of Lodi does hereby approve an Agreement with the
Family Services Agency, Inc. to provide certain services
under this program, a copy of which agreement is attached
hereto, marked Exhibit "A", and thereby made a part
hereof.
BE IT FURTHER RESOLVED that the City Manager and
City Clerk are hereby authorized to execute the subject
Agreement on behalf of the City.
Dated: August 17, 1983
I hereby certify that Resolution No. 83-95
was passed and adopted by the City Council
of the City of Lodi in a regular meeting
held August 17, 1983 by the following vote:
Ayes: Council Members - Murphy, Snider, and
Olson (Mayor)
Noes: Council Members - Pinkerton
Absent: Council Members - Reid
Alice M. Reimche
City Clerk
83-95
A G R E E M E N T
THIS AGREEMENT made and entered into this 17th
day of August , 1983, 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 "LODI", and FAMILY SERVICE AGENCY, INC., a
non-profit corporation registered with the Franchise Tax
Board of the State of California, with its pti-ncipal 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 school,
teens with family and friends, divorce, anxiety feelings,
sexual concerns, depression and loneliness, general
insecurity, aging-parent/self, and preparation for
retirement;.
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:
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(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
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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
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.
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 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 police
or fire department when the employee's action on duty has
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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 LODI, 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 employee
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 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 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
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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 in Exhibit "A".
3. Term: The term of this Agreement shall commence
October 1, 1983 , 1983 - and end September 30, 1984
1984, 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 LODI. Any changes
in 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 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 an annual payment for each authorized employee.
Using the LODI Personnel Status Report as of April
30, 1983, showing 290 authorized positions times $48.00
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per year ($4.00 per month) for each employee, the total
contract amount will be thirteen thousand nine hundred and
twenty dollars ($13,920.00).
(b) This amount will cover payment for 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 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 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 preserve the
confidentiality of the names of clients. Billings shall
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 to AGENCY a minimum payment of
thirteen thousand nine hundred and twenty dollars
($13,920.00) or one thousand one hundred and sixty dollars
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($1,160.00) 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 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 which payment is guaranteed by LODI.
7. Eligibility: 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 verifythe eligibility of any
self-referred employees of LODI.
8. Confidentiality: The names and identify of any
employee who receives_ services under the terms of this
contract shall be kept confidential and shall not be
revealed to anyone except as otherwise 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 quarterly basis, identifying
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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.
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(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.
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.
(b) A comprehensive general liability insurance
policy in the amount of $500,000 each occurrence and
$500,000 aggregate.
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(c) A policy of t;orker'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.
(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, 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 provision
of this Agreement shall not prevent or dilute such party's
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.
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
LODI 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 reasonable costs and attorneys'
fees incurred therein.
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.
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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 both 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, 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.
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23. This Agreement is not assignable by either party,
either in whole or in party, 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 authority .to execute this Agreementon
behalf of their respective organizations and to bind those
organizations to the terms of this Agreement.
FAMILY SERVICE AGENCY, INC.,
a non-profit corporation
By
Richard A. Steinmetz, LCSW
Executive Director
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CITY OF LODI, a municipal
corporation
By
Henry A. Glaves, Jr.
City Manager
ATTEST:
Alice M. Reimche
City Clerk
.' 'i •,4 ; EXHIBIT "A"
t k i
Soclet work Is based on humanitarian, democratic ideats_ Professlo net social workers aro. dedicated
to service for the welfare of mankind, to the disciplined use of n "recognized body of knowledge
about human belrltl; and their interactions, and to my marshaling of community resources to pro -
more the well-being of all without discrimination. -
Social work practice is a public trust that raquiras of its practitioners integrity, compassion, belial
in the dignity and worth of human beings• respacl int individual diltarences, a commitment to service,
and a dedication to truth. it requires mastery of a boJy of knowledge and skill gained through proles•
sionet/ education and expertanco_,It requires also recognition of the limitations of present knowledga
and skill and of the sprvices we gre;nuw equipped to g,va. The end sought is the performance of
a service with Integrity and eorppolance.,
Each'member o/ tha prole'ssion parries responsJf ility tc maintain and improve social work service;
eonstaptly to- examine,%yso,i'-and. increase the knowledge on which prictice"and-social policy are
based; and to develop further philosophy andakirls of the profassion,
• '.This Coda,of t_Ntics"embodies certain standards of behavior los the social worker in his proles-
alonel relatlonshlpswith fhose'he"serves, with his colleagues, with hfs emplogigg agency; with other -
pro fessions;,ant with the corrimuriify,.Jn'abidipg by it, the social workai vjews his obligations in
ti: _:•:
as wide. a* context es the`sltuat(orl requires, takes all the principfailnto'considaration, and chooses ° :=: : •. •:
a couse of action consistent with the�code's spirit and intent: `••
As a member of the National Assoclatton of Social Workers 1 corilmit.myseli to conduct.my proles-
t slonal.relatlorrships In accoid with, the code and subscribe to the following statements
' "-! -'�•:i `:ice• ti !a;;..c.- • _ -. '. - ' •' '
. 1 regard ast my primary, obligation the wel- • 1 recognize .my Professional responsibility
•'.lara`•of. the: Indiyldual' or:grotip served."which to add my ideas and fsndipgs to the body of
: Includes action for lmproving social conditions.* i social work knowledge and.practice.?
e I ;wiU rtot,dlst rlminete..becau3a of, race,. . 1 accept responsibility to help protect the
' color,. religion,. age, sex,' or national ancestry community. against unethical practice by any
and in my job-pipacity villi wo(k 10 prevent rind.:• individuals oforganizations engaged in social
ellrtlinate such discriminat{pr In rondgring'sbiv lvctfara acliyities: °
:.'Ice,' in work assignmenls._and iri•'empploym9,it..� t . I stand ready,to give.appropriate proles -
practices: F: rr�(''•ir;f;ionalservicelr)publlcemergancies.
}• , • 1''give precedence:: to my: prolessio�al '• . I distinguish clearly, In public; betwean'my •_•,r .` j ;r .
responsibilityovet my personal Interests. %! : .': v statements and actions as an Individual and as', .
• 1 hold myself, responsipla 'tof'the -quatity:`; ; a representative of ari organlzation. _ J
;.i' and extent of the servieeA perform; ' ; ; :� .ji; _ =:. 1 support :the ;piinclple that .professional"
;...I res ect,itie rivac of thepeople.1-serve, : _ practice requires professional education.
use ir! a respo6slbla mannar:irtlormation i`• .. I accept 'reiporislbility for working toward
gained Irl professlon.1 relationships: * ! the creation, ps,d mafntanance of conditions j;'' •
treat with- respect the; findings, views,apd,;i i within agencies that enable social workers to
actions of.. colleagues- arid '.use -appropriate conduct. themselves In keeping with this code. ` t.
channels to express Judgment ori these matters, ::, . I contribute my knowledge; .skirls, and sup- _ -
. 1 practice social work wlthl6 the recognized ? e 'port to programs of human welfare. '
knowledge.and competence of -the profession_, .
is i. .,.. ::; � '.1•�: -
• cies}, r•�.t..> '. : (rJ :: `,:. .' , -
.t ... •�i' •+ - �.Fi0. std.. •,_� ''- 'r: J•• .. '
, I�I' ppppp///// j 1�(j!,{yI�I j1p�; t �I 1'(�4�{V1� �{(q��iiY�t AAA �itl[11tti��tLN'1t 1�j/�+p�J t�+1.A9J� NUYnIRp! [i■i1i �1�p7 �flY1%•�1,�t96tt �d, � � itti��+{aV7tn'�} 3 ,• : �.• ».
jAdopleo by the.Oalegalr Assambly of the Nationet Association,',
t of Social Workers. Octob;r 17, 1960, and amended Aprll 11, 196. t
2.
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