HomeMy WebLinkAbout1996-06-24 City Council (28)TO:
FROM:
AGENDA DATE:
SUBJECT:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: Human Resources
June 24, 1996 CMR:307:96
Approval of Consultant Agreement with Foundation Health PsychCare
Services, Inc., d.b.a. Occupational Health Services (FHPS) for Employee
Assistance Plan Services
REQUEST
This is a request for approval of a consultant agreement with Foundation Health PsychCare Services,
Inc. (FHPS) for Employee Assistance Plan services.
RECOMMENDATIONS
Approve and authorize the Mayor to execute the attached consultant agreement with FHPS in the
amount of:
July 1, 1996 through June 30, 1997:$26,500
July 1, 1997 through June 30, 1998:$27,800
July 1, 1998 through June 30, 1999:$29,500
This agreement covers a three-year period. Funds for 1996-97 are included in the budget. Funding
will be included in the proposed annual budget for each subsequent year of the agreement and will
be subject to future City Council budget approval.
POLICY IMPLICATIONS
The approval of this agreement is consistent with existing policies.
EXECUTIVE SUMMARY.
Consultant Services Description
The work to be performed under the agreement is for Employee Assistance Plan (EAP) services.
The City has provided employees and their dependents with EAP benefits since 1982. Existing
agreements with City employee representation units provide fo~" maintaining benefits to assist
employees in dealing with many types of problems, including personal counseling, work and family
counseling, stress management, substance abuse, etc. The program is designed to help promote
the well-being and welfare of City of Palo Alto employees, and thereby reduce absenteeism and
on-the-job distraction.
Selection Process
A Selection Advisory Committee, consisting of a representative from each of the employee
representation units and an employee from the Finance Department, reviewed the draft scope of
work prior to the issuance of a request for proposal.
CMR:307:96 Page 1 of 2
Staff sent a request for proposals to ten firms on February 8, 1996. Firms were given 26 days to
respond to the request. A total of four firms submitted proposals. Proposals were as follows:
Vista $35,000
Concern 30,500
MCC 27,950
-. FHPS 26,500._
The Selection Committee referenced above reviewed the proposals, and three firms were invited
to participate in oral interviews on March 12, 1996. The Committee carefully reviewed each firm’s
qualifications, and two of the firms were invited to answer additional questions. On April 23, 1996,
the Selection Committee met again and selected FHPS, the current provider who has performed
these services since 1982.
FHPS was selected because their program represented the best value. FHPS’s cost was the most
competitive. In addition, they agreed that the number of seminars and training sessions will be
expanded from 16 hours per year to 40 hours pe[ year.
FISCAL IMPACT
Fuhds for this project are included in the FY 1996-97 budget. Funding for the subsequent two
years is contingent upon future City Council budget appropriations.
ENVIRONMENTAL ASSESSMENT
These services do not constitute a project for purposes of the California Environmental Quality Act.
ATTACHMENTS
Attachment A: Agreement
PREPARED BY:Leonard Zucker ler of Employee Benefits
DEPARTMENT HEAD REVIEW:
CITY MANAGER APPROVAL:
FLEi
CMR:307:96 Page 2 of 2
AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND FOUNDATION HEALTH PSYCHCARE SERVICES~ INC.,
DBA OCCUPATIONAL HEALTH SERVICES,
FOR ADMINISTRATION OF CITY EMPLOYEE ASSISTANCE PROGRAM
THIS AGREEMENT, made and entered into this day of
, 1996, by and between the CITY OF PALO ALTO, a
municipal corporation of California, hereinafter referred to as
"CITY", and FOUNDATION HEALTH PSYCHCARE SERVICES, INC., dba
OCCUPATIONAL HEALTH SERVICES,(Taxpayer Identification Number 95-
2762150) a California corporation, with offices at 1600 Los Gamos
Drive, Suite 300, San Rafael, CA 94903, hereinafter referred to as
"OHS";
W I T N E S S E T H:
WHEREAS, CITY desires to retain services related to the
supervision and administration of CITY’s employee assistance
program, hereinafter referred to as the "Program"; and
WHEREAS, CITY desires to engage OHS to provide these services
by reason of its qualifications and experience for performing such
services, and OHS has offered to provide the required services on
the terms and in the manner set forth herein;
NOW, THEREFORE, in consideration of their mutual covenants,
the parties hereto agree as follows:
i.DEFINITIONS.
Terms used in this agreement are as defined herein or in
the Combined Evidence of Coverage and Disclosure Form ("Evidence of
Coverage"), which is attached hereto as Addendum "A" and
incorporated herein by reference; provided, that to the extent that
any terms in the Evidence of Coverage are in conflict with the
terms of this agreement, this agreement shall prevail.
2.PROJECT COORDINATION.
(a) CitM. The City Manager shall be representative of
CITY for all purposes under this agreement. The Director of Human
Resources hereby is designated as the PROJECT MANAGER for the City
Manager, and he shall supervise the progress and execution of this
agreement.
(b) OHS. OHS shall assign a single PROJECT DIRECTOR to
have overall responsibility for the progress and execution of this
.agreement for OHS. Elein Gallacher, LCSW, CEAP, is hereby
designated as the PROJECT DIRECTOR for OHS. Should circumstances
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or conditions subsequent to the execution of this agreement require
a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR
designee shall be subject to the prior written acceptance and
approval of the PROJECT MANAGER.
3.DUTIES OF OHS.
(a) Services to be Furnished°
specified services as set forth below:
OHS shall provide all
(i) OHS agrees to supervise and administer the
Program as to all required counseling services during the term of
this agreement, as provided in the "Evidence of Coverage." The
services herein contemplated shall cover the operations of CITY
involving its employees and their dependents°
(2) OHS shall act as the representative of CITY in
matters related to CITY’s administrative obligation concerning the
Program and shall provide the services more particularly set forth
below:
A. Administer the Program in full compiiance
with the requirements of accepted standards and administrative
procedures of the State of California°
B. Provide monthly to CITY a machine-
tabulated report on all services provided under the Program,
including but not limited to:
The number of CITY employees who
have or are participating in the
Program;
The utilization rate by location,
department, and divisions in the
utilities department;
The gender;
The age groups
increments;
in five-year
Whether management referrals or self
referrals;
services.
Problems stated by category.
Provide semi-annual client evaluations of
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D. Coordinate, consult, and fully cooperate
with CITY Human Resources Department in the administration of said
Program; notify the PROJECT MANAGER immediately as to any serious
condition of current employees which could or may cause injury/
illness to themselves or others.
(3) OHS shall provide counseling services in the
areas described under "Covered Services" on pages 4 and 5 of the
"Evidence of Coverage"°
(4) OHS shall provide the following training as
outlined on an annual.basis;
annually.
Employee orientations; eight (8) sessions
annually.
B°Supervisor training; four (4) sessions
C. Wellness seminars; twelve (12) one-hour
seminars annually, tO include one(l) two-hour AIDS awareness
course.
D. Forty-eight (48) additional clinical
account management (CAM) hours per year, on topics to be mutually
selected by CITY’s Project Manager and OHS’s Project Director.
(5) OHS shall make available counseling sessions
for all employees and their dependents as follows:
A. Ten (i0) counseling sessions per family
unit for sworn police and fire personnel.
B.Management referral/consultation.
Critical Incident debriefing as needed at
no additional charge.
(6)OHS shall furnish the following materials:
A. Brochures shall be supplied to all police
and fire department personnel and regular employees two (2) times
annually. Brochures shall describe the applicable services
afforded to each respective work group.
B. Posters relating to the various benefits
of employee assistance shall be supplied every calendar quarter
with the quantity to be no less than twenty-five (25) copies per
quarter.
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C. Mailers for all respective work groups
shall be supplied in quantities of nine hundred (900) per calendar
quarter.
D. Newsletter articles regarding the program
shall be furnished on a monthly basis.
~E. Sufficient numbers ofsupervisory training
manuals shall be supplied in conjunction with the supervisor
training services required under Section 3 (a) (4) (B) of this
agreement. Additional manuals shall be provided as part of on site
stock of resource materials for supervisors.
(7) OHS shall maintain a twenty-four (24) hour per
day, seven (7) days-a-week telephone line for CITY use; said
telephone system shall:
A. Be staffed by OHS staff ten (i0) hours per
day, Monday through Friday.
B. Off hours and weekends the answering
service shall be supplied with the names and numbers of appropriate
OHS staff.
C. When an off-hour caller indicates that he
or she desires to talk to a counselor, the caller shall be
automatically switched to an on-duty counselor.
(8) OHS shall assure confidentiality of services
performed at all times. Records, including any information whether
recorded or not, pertaining to the identity, diagnosis, or
treatment of any employee or dependents which are maintained in
connection with the performance of this agreement shall be
confidential and disclosed only under either of the following
circumstances:
A. When disclosure is authorized with the
written and signed consent of the employee or dependent over the
age of eighteen (18). Such consent must state:
(i)The name of the person or
organization to whom disclosure
is to be made;
(ii)The specific type of information
to be disclosed; and
(iii)The purpose or need for such
disclosure.
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B. When an employee’s records are subpoenaed
and are not otherwise protected by professional, privileged,
relationships.
(9) OHS agrees to operate a system of records on
individuals in accordance with the Privacy Act of 1974, Public Law
93-579.
(b) Laws to be Observed. OHS is subject to regulation
by the California Department of Corporations and this agreement is
subject to the requirements of the Knox-Keene Health Care Service
Plan Act of 1975 (the "Act", commencing with Section 1340 of the
California Health and Safety Code) and the regulations promulgated
thereunder (found at Chapter 3 of Title i0 of the California Code
of Regulations). Any provision required to be in this agreement by
either of these sources of law shall bind the parties whether or
not provided hereunder. With respect to the obligations of the
parties under the Act and other relevant laws, OHS shall:
(i) Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the services to be
performed by OHS under this agreement.
(2) Upon notice, immediately report to the PROJECT
MANAGER in writing any discrepancy or inconsistency in applicable
state and federal laws, in relation to any provisions of this
agreement.
(c) Release of Reports and Information. Except as
provided under Section 3 (a) (9) of this agreement, any reports,
information, data, or other material, with the exception of
proprietary information, OHS trade secrets and information
protected by applicable trademark or copyright law, given to the
City pursuant to this agreement shall be the property of CITY and
shall not be made available to any individual or organization by
OHS or its subcontractors, if any, without the prior written
approval of the City Mana’ger.
4.ELIGIBILITY REQUIREMENTS.
(a) Eligible Employees. All regular (part time and full
time) employees of CITY, whether sworn or nonsworn, are considered
-to be eligible for benefits under this agreement. Eligible
employees are sometimes referred to as "Subscribers" and sometimes
referred to as "Members" in the "Combined Evidence of Coverage."
(b) Eligible Family Members. Family members ofeligible
employees, who meet the following criteria, and who work or reside
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in California, are considered to be eligible for benefits under
this agreement. Eligible Family Members are:
(i) The legal spouse of an Eligible Employee.
(2) An individual who is an immediate family member
of an Eligible Employee.
(c) Loss of Eligibility. If a formerly Eligible
Employee ceases to be eligible under the terms of this agreement,
coverage under this agreement shall terminate for the individual
and of his or her enrolled Family Members on midnight of the last
day of the~month in which the loss of eligibility occurs. Coverage
for an individual Family Member who ceases to be eligible according
to the terms of this agreement, shall terminate on the last day of
the month in which the loss of eligibility occurs.
(d) Continuation of Coverage under COBRA. CITY agrees
that it will be responsible for notification and other compliance
requirements under the United States Consolidated Omnibus Budget
Reconciliation Act ("COBRA"), Public Law, 99-272, with respect to
continuing coverage for covered individuals who become ineligible
for benefits under this agreement. CITY shall notify OHS of the
occurrence and related date of any COBRA-qualifying event within 60
days of receiving notification of the incidence thereof.
5. COMPENSATION. For the full performance of the services
by OHS under this agreement, CITY shall pay OHS the fees outlined
below. The fees shall be calculated on a capitated basis based on
the number of eligible employees enrolled as of the first day of
each month during the term of this agreement, as follows:
1997:
(a) For the period of July i, 1996 through June 30,
$2.27 per employee per month.
1998:
(b) For the period of July I, 1997 through June 30,
$2.38 per employee per month.
1999:
(c) For the period of July I, 1998 through June 30,
$2.50 per employee per month.
OHS shall invoice CITY for payment monthly, based upon
the information provided to OHS by CITY as to the number of
eligible employees of CITY. CITY shall pay the foregoing fees
monthly on or before the first day of each month. If the invoice
incorrectly states the actual number of eligible employees, CITY
shall make payment based upon the correct number. Payment shall be
made as follows:
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Occupational Health Services
Attn: Lockbox, Dept. 098-61, Box 45110
San Francisco, CA 94145-0110
CITY shall furnish accurate, current and timely
eligibility information (including Medicare eligibility related
information) to OHS. OHS shall not be required to refund any fee
paid by CITY for an ineligible person if: (a) the request for such
refund is made later than thirty (30) days after the receipt of
payment by OHS for said ineligible person, or (b) covered services
were received by the ineligible person during such period. OHS
reserves the right to verify eligibility date maintained by CITY
and to review all records maintained by CITY as they relate to
establishment and maintenance of eligibility for coverage under
this agreement, to the extend permitted by law and this agreement.
Payments owing and unpaid for more than thirty (30) days
shall be subject to an interest charge of one percent per month for
all unpaid amounts.
The parties acknowledge and agree that due to changes in
eligibility, significant additions or deletions in the number of
eligible employees could change the nature of the risk from which
the above rates have been computed. Therefore, all eligibility
provision changes proposed to be changed by CITY shall be subject
to OSH’s prior written consent, which may be withheld for any reason
at the sole discretion of OHS.
6. TERM. This agreement shall be effective retroactively
to, and including, February 17, 1996, and continue in full force
and effect until June 30, 1999, subject to the City Council’s
continued appropriation of funds for such services for each fiscal
year during the term of this agreement°
7. FORCE MAJEURE.
In the event of any major disaster or epidemic, or if due to
circumstances beyond the reasonable control of OHS, such as
complete or partial destruction of facilities, war riot, civil
insurrection, or similar causes, OHS shall make a good faith effort
to provide or arrange for provision of services, but shall have no
liability or obligation for delay or failure to provide any such
services in such event.
8.SUSPENSION; TERMINATION.
(a) Right to Suspend or Terminate. Either the City
Manager or OHS may suspend or terminate this agreement without
cause by giving thirty (30) days’ written notice thereof to the
other party.
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(b) Notice to Employees. In the event the agreement is
terminated by either party, CITY shall provide mailed notice to
each Eligible Employee of such termination.
(c) Payment. Upon such suspension or termination, OHS
shall be paid for all services actually rendered to CITY to the
date of such suspension or termination, or until all employees have
been transitioned to appropriate alternative care.
(d) Other Riqhts. The rights granted to the parties
under this agreement are in addition to any rights available to the
parties under law.
9. ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES.
(a) Assignment. Both parties shall give their personal
attention to the faithful performance of this agreement and shall
not assign, transfer, convey, or otherwise dispose of .this
agreement or any right, title, or interest in or to the same or any
part thereof without the prior written consent of the other party,
and then only subject to such terms and conditions as the other
party may require, provided that OHS shall have the right to sell,
transfer, convey or assign this agreement to any successor,
subsidiary, parent or affiliate of OHS and such assignee shall
acquire all of the rights, duties and obligations of OHS set forth
herein. A consent to one assignment shall not be deemed to be a
consent to any subsequent assignment. Any assignment without such
approval shall be void and, at the option of the other party, shall
terminate this agreement and any license or privilege granted
herein. This agreement and any interest herein shall not be
assignable by operation of law without the prior written consent of
the other party.
(b) Subcontractors; Employees. OHS shall be responsible
for employing or engaging all persons necessary to perform the
services of OHS hereunder. OHS shall give its personal attention
to the fulfillment of the provisions of this agreement by all of
its employees and subcontractors, if any, and shall keep the work
under its control.
(c) Quality of Covered Services. OHS shall require its
subcontractors who are providers of covered services provided under
this agreement to meet professionally recognized standards of
practice. OHS’s professional review and credentialing committees
shall monitor the quality of covered services rendered, and require
that its subcontractors cooperate and comply with OHS’s internal
quality of care review system and the decisions of OHS’s medical
directors, and to abide by OHS’s policies and procedures for
credentialing, prior authorization, utilization review, utilization
management and quality management, which includes provisions for
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records audit, peer review, provider appeals, and a grievance
process for employees and family members who use covered services.
The minutes of the quality management committee shall be available
for review by applicable state and federal regulatory agencies as
required by law or contract, and 0HS shall require its
subcontractors to comply with all final determinations of 0HS’s
peer review, provider appeal and grievance processes.
i0. NOTICES. All notices hereunder shall be given in writing
and mailed, postage prepaid, by certified mail, addressed as
follows:
To CITY:Office of the City Clerk
250 Hamilton Avenue
Palo Alto, CA 94301
With copy to:Manager of Benefits
250 Hamilton Avenue
Palo Alto, CA 95301
(Telephone:. 415-329-2235)
(FAX: 415-327-3809)
To OHS:Attention of the President at the
address of OHS recited above.
(Telephone: 415-491-7200)
(FAX: 415-472-8184)
ii. INTEREST OF 0HS. OHS covenants that it presently has no
interest, and~shall not acquire any interest, direct or indirect,
financial or otherwise, which would conflict in any manner or
degree with the performance of the services hereunder. 0HS further
covenants that, in the performance of this agreement, no
subcontractor or person having such an interest shall be employed.
OHS certifies that no one who has or will have any financial
interest under this agreement is an officer or employee of CITY.
It is expressly agreed that, in the performance of the services
hereunder, OHS shall at all times be deemed an independent 0HS and
not an agent or employee of CITY.
12. INDEMNITY. OHS hereby agrees to indemnify and save
harmless CITY, its officers, agents, and employees, of and from:
(a) Any and all claims and demands which may be made
against CITY, its officers, agents, or employees, by reason of any
injury to or death of any person or damage suffered or sustained by
any person caused by, or alleged to have been caused by, any wilful
or negligent act or omission of OHS; and
(b) Any and all penalties imposed or damages sought on
account of the violation of any law or regulation or of any term or
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condition of any permit required for the performance of this
agreement°
OHS shall provide to CITY, upon reasonable request
therefor, copies of certificates of insurance covering its
subcontractors, which have been submitted to OHS pursuant to
contract between OHS and said subcontractors.
13. WORKERS’ COMPENSATION. OHS certifies that it is aware of
the provisions of the Labor Code of the State of California which
require every employer to be insured against liability for workers’
compensation or to undertake self-insurance in accordance with the
provisions of that code, and it certifies that it will comply with
such provisions before commencing the performance of the work of
this agreement.
14. INSURANCE. OHS, at its sole cost and expense, shall
obtain and maintain in full force and effect throughout the entire
term of this agreement the following described insurance coverage,
insuring as additional insured not only OHS but also, with the
exception of workers’ compensation, and employer’s liability
insurance, CITY, its officers, agents, and employees, and each of
them:
POLICY MINIMUM LIMITS OF LIABILITY
(a)WORKERS’Statutory
COMPENSATION
(b)COMPREHENSIVE
AUTOMOBILE
LIABILITY, in-
including owned,
hired, and non-
owned automobiles
Bodily Injury
Property Damage
$500,000 each person
$500,000 each occurrence
$500,000 each occurrence
(c)COMPREHENSIVE
GENERAL
LIABILITY,
including pro-
tective, com-
pleted opera-
tions, broad
form contractual,
& personal injury
Bodily Injury $500,000 each person
$500,000 each occurrence
$500,000 aggregate
Property Damage - $i00,000 each occurrence
$i00,000 aggregate
Personal Injury - $500,000 each occurrence
$500,000 aggregate
(d)PROFESSIONAL
LIABILITY, in-
cluding errors,
omissions, and
negligent per-
formance
All Damages $i,000,000 minimum
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Certificates of such insurance shall be filed with CITY
concurrently with the execution of this agreement or, with CITY’s
approval, within ten (i0) days thereafter. Said certificates shall
be subject to the approval of CITY’s Risk Manager and shall contain
an endorsement stating that said insurance is primary coverage and
will not be canceled or altered by the insurer except after filing
with the City Clerk thirty (30) days’ written notice of such
cancellation or alteration, and that the City of Palo Alto is named
as an additional insured. Current certificates of such insurance
shall be kept on file at all times during the term of this
agreement with the City Clerk.
15. AGREEMENT BINDING. The terms, covenants, and conditions
of this agreement shall apply to, and shall bind, the heirs,
successors, executors, administrators, assigns, and subcontractors
of both parties.
By this agreement, CITY makes OHS coverage available to
eligible employees and family members. This agreement may be
amended by CITY and OHS in accordance with the terms hereof,
without the consent of any employee or family member. CITY accepts
this agreement by making payments to OHS, and such acceptance
renders all terms and provisions hereof binding on CITY and
eligible employees and family members. By electing coverage or
accepting benefits hereunder, all eligible employees and family
members agree to all terms, conditions and provisions hereof.
16. WAIVERS. The waiver by either party of any breach or
violation of any term, covenant, or condition of this agreement or
of any provision, ordinance, or law shall not be deemed to be a
waiver of any other term, covenant, condition, ordinance, or law or
of any subsequent breach or violation of the same or of any other
term, covenant, condition, ordinance, or law. The subsequent
acceptance by either party of any fee or other money which may
become due hereunder shall not be deemed to be a waiver of any
preceding breach or violation by the other party of any term,
covenant, or condition of this agreement or of any applicable law
or ordinance.
17. MANDATORY ARBITRATION. Any dispute that may arise
concerning coverage under this agreement shall be resolved by
binding arbitration in accordance with the California Arbitration
Act, California Code of Civil Procedure, sections 1280 et seq.
This applies to any controversy involving coverage of Employees,
Family Members, or subscribers under continuing coverage, or their
representatives, but does not.include any dispute between CITY and
OHS, except as specifically agreed to by both parties on a case-by-
case basis.
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18. COSTS AND ATTORNEYS FEES. The prevailing party in any
action brought to enforce the terms of this agreement or arising
out of this agreement may recover its reasonable costs and
attorneys’ fees expended in connection with such an action from the
other party.
19. NONDISCRIMINATION. No discrimination shall be made in
the employment ~of persons under this agreement because of the race,
color, national origin, ancestry, religion or sex of such person.
If the value of this agreement is, or may be, Five Thousand Dollars
($5,000) or more, OHS agrees to meet all requirements of the Palo
Alto Municipal Code pertaining to nondiscrimination in employment
and to complete and submit the "Compliance Report: Non-
discrimination Provisions of City of Palo Alto Contracts" on the
form furnished by CITY.
If OHS is found in violation of the nondiscrimination
provisions of the State of California Fair Employment Practices Act
or similar provisions of federal law or executive order in the
performance of this agreement, it shall thereby be found in
material breach of this agreement° Thereupon, CITY shall have the
power to cancel or suspend this agreement, in whole or in part, or
to deduct from the amount payable to OHS the sum of Twenty-five
Dollars ($25) for each person for each calendar day during which
such person was discriminated against, as damages for said breach
of contract, or both. Only a finding of the State of California
Fair Employment Practices Commission or the equivalent federal
agency or officer shall constitute evidence of a violation of
contract under this paragraph.
If OHS is found in violation of the nondiscrimination
provisions of this agreement or the applicable affirmative action
guidelines pertaining to this agreement, OHS shall be found in
material breach of’this agreement. Thereupon, CITY shall have the
power to cancel or suspend this agreement, in whole or in part, or
to deduct from the amount payable to 0HS the sum of Two Hundred
Fifty Dollars ($250) for each calendar day during which OHS is
found to have been in such noncompliance as damages for said breach
of contract, or both.
20. ADMINISTRATION OF PLAN. OHS may adopt reasonable
policies, procedures, rules and interpretations not inconsistent
with this agreement to promote orderly and efficient administration
of the coverage provided under this agreement°
21. CITY OBLIGATION TO NOTIFY OHS. Upon knowledge thereof,
CITY’s Project Manager shall immediately notify 0HS as to any event
which gives rise to OHS’s right to terminate this agreement or
individual employee or family member’s coverage, including event
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which would result in an employee or family member’s loss of
eligibility.
22. AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT. This
document represents the entire and integrated agreement between
CITY and OHS and supersedes all prior negotiations,
representations, or agreements either written or oral. This
document may be--amended only by written instrument, signed by both
CITY and OHS. All provisions of this agreement are expressly made
conditions. Modifications of any provision of this agreement to
conform to any applicable law or regulation shall not invalidate or
alter any non-objectionable provisions and shall not give rise to
any termination rights other than as provided herein. This
agreement shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, CITY and OHS have executed this agreement
the day and year first above written.
ATTEST:CITY OF PALO ALTO
City Clerk Mayor~
APPROVED AS TO FORM:
Senior Assistant City Attorney
APPROVED:
FOUNDATION HEALTH PSYCHCARE
SERVICES, INC. dba
OCCUPATIONAL HEALTH SERVICES
By :
Its:
City Manager
Director of Human Resources
Deputy City Manager,
Administrative Services
Risk Manager
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CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF )
COUNTY OF )
On , 1996, before me,,
a Notary Public in and for said County and State, personally
appeared , personally known to me
or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on t~e instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
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