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HomeMy WebLinkAboutReso 1988-13796 RESOLUTION NO. 13796 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUANE ROGERS, PERSONAL ASSISTANCE SERVICES OF SAN DIEGO FOR EMPLOYEE ASSISTANCE PROGRAM (EAP) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 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 agreement between THE CITY OF CHULA VISTA, a municipal corporation, and DUANE ROGERS, PERSONAL ASSISTANCE SERVICES OF SAN DIEGO for Employee Assistance Program (EAP) dated the 4th .day of October , 1988, 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. Presented by Approved as to form by /~ Martin Nelson, Director of iT~omas J. ~ron, City Attorney Personnel 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF C _A VISTA, CALIFORNIA, this 4th day of October 19 88 , by the following vote, to-wit: AYES: Councilmembers Moore, Cox, Nader NAYES: Counci 1members None ABSTAIN: Counci 1members None ABSENT: Counci lmembers Malcolm, McCandliss J ~l~Chulo Vista ATTEST ~ ~' ~ Y// City Clerk S' E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is o full, true and correct copy of RESOLUTION N0. 13796 ,ond that the some has not been amended or repealed DATED City Clerk CC-660 THIS CONTRACT for Employee Assistance Program Services is entered into and is effective as of this first day of July 1988 between the CITY OF CHULA VISTA, a Municipal corporation, herein called "Employer," and DUANE ROGERS, PERSONAL ASSISTANCE SERVICES OF SAN DIEGO, herein called "Contractor." NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: I. SCOPE OF SERVICES TO BE DELIVERED During the term of this agreement, July 1, 1988 through June 30th, 1989, Contractor will provide the following specific services at Contractor's designated office locations or mutually agreed upon facilities or locations. The provision of these services will Be limited to Employer employees and their families. This program does not constitute a health care service plan. This program will be provided within the Knox-keene Exemption for EAP's guidelines. A. Management Consultation and creation of promotional literature drafts relative to the development and integration of organizational policies and procedures necessary for effective Employee Assistance Program implementation and utilization. B. Orientation of employees through written materials (announcement of services & service brochure), briefing sessions or audio-visual presentations, information pertaining to the purpose, scope, nature and use of the Employee Assistance Program. C. Training of supervisoy and management staff to develop the knowledge and skills necessary to effectively utilize the program in the administration of their personnel management responsibilities. D. Direct one-to-.one identification and referral services for general personal problems utilizing the CAP qualified contractor's staff to identify, discuss a plan of action with appropriate resources, and with the client's choice direct placement for resolution of such problems as may exist from time to time among employees and/or their families. Such identification and referral shall provide for one to three (1-3) visits per employee per problem per year, and not more than three visits in any six month period. Contractor will, however, employ and provide further referral visits in acute emergency situations, consultation after referral for motivation or re-referral or consultation due to a management, state licensing agency or union request for information or assessment regarding work performance issues (work performance referral). E. Identification and referral services to a choice of screened, professional community resources from the assistance resource system. F. Continuing liaison and contact, when appropriate, between employee, EAP Staff, community resource, and the 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 quarterly and annual statistical reporting of program activity by factors established by the Contractor. II. STATUS AS INDEPENDENT CONTRACTOR In the performance of the duties and responsibilities set forth in the contract, Contractor shall act strictly jn 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 Contractor agrees to operate a system of records on individuals in accordance with the PRIVACY ACT OF 1974, PUBLIC LAW 93-579. Upon conclusion of this contract, these records will become the property of the Employer in accordance with the PRIVACY ACT OF 1974, PUBLIC LAW 93-579. 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: 1. The name of the person or organization to whom disclosure is to be made; 2. The specific type of information to be disclosed; and 3. The purpose and need for such disclosure. IV. COMPENSATION It is agreed that Employer shall pay the sum of $6533.88 for the above described services. This fee is based on negotiation between the Employer and the Contractor on or about July 1, 1988. Said sum shall be payable to Contractor as follows: 1. Checks shall be made payable to Duane Rogers, CEAP, Personal Assistance Services, and forwarded to the Contractor's administrative offices at 2321 Hartford Street, San Diego, CA. 92110. 2. Employer shall pay Contractor the fees monthly ($544.49) as billed in arrears throughout the term of this agreement upon receipt of Contractor'a invoice letter. V. HOLD HARMLESS Contractor agrees to hold harmless the City of Chula Vista against any and all claims and liability arising out of this activity in the performance of this contract. VI. INSURANCE Contractor agrees to maintain insurance to cover the activities nder this contract in the sum of 1,000,000 aggregate and $500,000 each claim. Contractor agrees to name the City of Chula Vista as an additional insured under this policy. VII. GENERAL PROVISIONS This agreement contains the entire understanding of the parties hereto relating to the subject matter herein contained. Each party acknowledges that this agreement does not consitute a health insurance plan or agreement for treatment services, and no representation, inducements, promises or agreements, oral or written; with reference to the subject matter herein have been made other than as expressly set forth herein and in the proposal. This contract may be amended or terminated after thirty (30) days' notice to either party by the Contractor or Employer. Dated this fir~ J~y~.8x EMPLOYER: · Mayor f~h~ City of C~a~a Vista CONTRACTOR: DUANE E. OGERS, CEAP, PRESIDENT President ' ~ Approved as to form by, <~.~ty Att :