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HomeMy WebLinkAboutReso 1985-12119 RESOLUTION NO. 12119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BE%WEEN THE CITY OF CHULA VISTA AND DUANE ROGERS, PERSONAL ASSISTANCE SERVICES, FOR EMPLOYEE ASSISTANCE PROGRAM SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGRE~4ENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agre~nent between THE CITY OF CHULA VISTA, a municipal corporation, and DUANE ROGERS, PERSONAL ASSISTANCE SERVICES, for employee assistance program services dated the 6th day of August , 198 5, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presentea Dy/ ~ Approved as to form by Sig~e A. Xhorsen, Director ? T~omas J. H~¢n, City of Psk~el ~-%Attorney ~ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF HULA VISTA, CALIFORNIA, this 6th d(~J of August 85 ~ , by the following vote, to-wit: YES: C0um:ilmen: Malcolm, Scott, Moore None ~,YES: Councilmen: None BSTAIN: Councilmen: McCandliss, Mayor Cox kqENT: Councilmen: ATE OF CALIFORNIA ) ¢JNTY OF SAN DIEGO ) ss. 'Y OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Colifornia, HEREBY CERTIFY that the alxwe and foregoing is a full, true and correct copy of RESOLUTZON N0. 12119 ,and that the some has not been amendedor repsoled. rED (seal) City Clerk CONTRACT FOR EMPLOYEE ASSISTANCE PROGRAM SERVICES THIS CONTRACT for EMPLOYEE ASSISTANCE PROGRAM SERVICES is entered into and is effective as of this 6th day of August , 1985, between DUANE ROGERS, PERSONAL ASSISTANCE SERVICES, hereinafter referred to as "Contractor" and THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "Employer". NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: I. SCOPE OF SERVICES TO BE RENDERED. Contractor will provide during the period beginning July 1, 1985 and ending on June 30, 1986 the following specific services at Contractor's designated office locations or mutually agreed upon facilities or locations. The provisions of these services will be limited to Employer's employees and their families. This program is not a health insurance plan. A. Provision of management consultation relative to the development and integration of organizational policies and pro- cedures necessary for effective Employee Assistance Program imple- mentation. B. Orientation of employees through written materials, briefing and training sessions or audio-visual presentations, information pertaining to the purpose, scope, nature and use of the Employee Assistance Program. C. Training of supervisory and management staff to develop the knowledge and skills necessary to effectively utilize the program in the administration of their personnel management responsibilities. D. Provision of direct one-to-one assessment/evaluation interviews utilizing professional staff of the contractor to identify and evaluate general personal problems and concerns (not limited to alcohol, drug and emotional). To assess and address options and alternatives for the resolution of such problems as may exist from time to time among Employer's employees and/or their immediate dependents. Such direct assessment/evaluation shall provide for one to two (1-2) interviews per employee per contract period. Fees for any treatment sessions after referral out will be the financial responsibility of the employee and/or the employee's dependent unless otherwise arranged for by the Employer. -1- Contractor will, however, employ and provide any number of assessment sessions to identify and clarify the medical-behavioral or personal problems of employees of Employer who have been identified and referred by Employer as evidencing performance problems in their work or occupation. These visits are screening and do not involve direct treatment of a medical nature, clinical counseling or therapy. E. Provision of referral services to professional community resources for treatment and/or assistance as may be appropriate. F. Provision of continuing liaison and contact, when appropriate, between employee, referral agent or agency, and Employer to determine case status. G. Provision of on-going consultation to supervisors and management in matters pertaining to specific personnel actions. H. Provision of a quarterly and statistical reporting and evaluation of program activity on factors established by the Employer and Contractor. II. STATUS AS INDEPENDENT CONTRACTOR. In the performance of the duties and responsibilities set forth in the contract, Contractor shall act strictly in the capacity as an independent contractor for all purposes and in all situations and shall not be considered an employee of the City. Contractor acknowledges that he is not an employee of the City and reserves full control of his activities as to the manner and selection of methods with respect to rendering his professional services to the City. III. CONFIDENTIALITY. Records, including any information whether recorded or not, pertaining to the identity, diagnosis or treatment of any employee or employee's family dependent which are maintained in connection with the performance of this contract shall be confidential and disclosed only under the following circumstances: A. When disclosure is authorized with the written and signed consent of the employee or family dependent. Such consent must state: a. the name of the person or organization to whom disclosure is to be made. -2- b.· the specific type of information to be disclosed. c. the purpose or need for such disclosure. B. When an employee's records are subpoenaed by court and are not otherwise protected by professional privileged relation- ships. C. Contractor agrees to operate a system of records on individuals in accordance with the Privacy Act of 1974, Public Law 93-579. IV. COMPENSATION. It is agreed that Employer shall pay a sum of Five Thousand Nine Hundred Forty Dollars ($5,940.00) for the contract year. Said sum shall be payable to contractor as follows: 1. Checks shall be made payable to DUANE ROGERS, and forwarded to Contractor's administrative offices located at 2321 Hartford Street, San Diego, CA. 92110 2. Said total sum shall be payable by Employer on a monthly or quarterly basis as billed in arrears throughout the term of this agreement upon receipt of Contractor's invoice statement. V. INDEMNIFICATION. Contractor agrees to hold harmless, defend and indemnify the City of Chula Vista against any and all claims and liability arising out of his activities in the performance of this contract. VI. INSURANCE. Contractor agrees to maintain insurance to cover his activities in the sum of $1,000,000 aggregate and $500,000 per claim. Contractor agrees to name the City of Chula Vista as an additional insured under this policy. VII. GENERAL PROVISIONS. This contract and the proposal submitted by Contractor to Employer on August 29, 1980, entitled "PROPOSAL SUBMITTED FOR EMPLOYEE ASSISTANCE PROGRAM CITY OF CHULA VISTA" contain the entire understanding of the parties hereto relating to the subject matter herein contained. Each party acknowledges that this agreement does not constitute a health insurance plan or agreement for treatment services. Each party acknowledges that no representation, inducements, promises or agreements, oral or written, with reference to the subject matter hereof have been made other than as expressly set forth herein and in the proposal. This contract may be changed, after thirty (30) days, upon notice to either party by the Contractor or Employer. --3-- IN WITNESS WHEREOF, the parties hereto have executed this contract on the day and year first written. THE CITY OF CHULA VISTA CONTRACTOR: DUANE ROGERS, MPH PERSONAL ASSISTANCE SERVICES ayor o~he~Clty o~ Chula Vista Admlnistrator/Counse2~ ///~ City Clerk( ~ Approved as to form by ~i~y Atto~/~y 0175a -4-