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HomeMy WebLinkAbout2003-04-21 City Council (4)TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: HUMAN RESOURCES DATE: SUBJECT: APRIL 21, 2003 CMR: 240:03 AMENDMENT NO. 1 TO EXTEND THE EXISTING CONTRACT NO. C0125969 BETWEEN THE CITYOF PALO ALTO AND COMPSYCH CORPORATION (COMPSYCH) IN THE AMOUNT OF $12,000 FOR THE EMPLOYEE ASSISTANCE PLAN RECOMMENDATION Staff recommends that the Council approve and authorize the Mayor to: 1.Execute the attached contract amendment extending the City’s existing contract with ComPsych Corporation (ComPsych) to provide Employee Assistance Plan services through August 30, 2003. 2.Increase the amount of the contract by an additional $12,000 to pay the premiums from May 1, 2003 through August 31, 2003. DISCUSSION On April 24, 2000, the City entered into a three-year contract for Employee Assistance Plan (EAP) services. The City has provided employees and their dependents with EAP benefits since 1982. The EAP provides employees with confidential personal counseling, work and family related issues, stress, childcare issues, eldercare, substance abuse, etc. In addition EAP programs provide a valuable tool for supervisors to refer troubled employees to professional outside help. The EAP is designed to promote the well-being and welfare of City employees and their families, as well as to support on-the-job productivity. ComPsych was unanimously selected as the City’s EAP provider because it demonstrated the ability to provide enhanced and innovative services at a competitive cost. Utilization of EAP services among City employees has increased since ComPsych was selected and is significantly higher than the national average for similar programs. The City enters into a Request For Proposal (RFP) process every three years to ensure the rates paid for this service remain competitive and that the services are optimal. Due to the CMR: 240:03 Page 1 of 3 transition of benefits administration duties to risk management within the Human Resources Department and to increased department work load, it is not possible to complete the RFP process to put in place a new EAP contract by the contract expiration date of April 30, 2003. This year, there was a considerable unforeseen amount of time spent on addressing the health insurance cost containment plans (PERS Choice Plus, PORAC, and cash incentive - resulting in a savings of $850,000 this year). Putting these plans in place impacted the time that the outgoing benefits manager had to renew the Long Term Disability, Accidental Death & Dismemberment and Life Insurance policy, Group Dental Insurance policy and Employee Assistance Pro~am policy contracts prior to his departure. In addition, transitioning benefits over to risk management took more time than expected. The transition plan was affected because the benefits administrator position was eliminated from the department. The specific steps Risk Management and Benefits will take to prevent the need for future extensions will be: Stagger contract renewal dates so all four of these contracts are not due simultaneously; and, Follow the recently established timeline for contract renewal, which provides for sufficient time for Purchasing and the Attorney’s Office to review and finalize the solicitation package and to complete the contract selection process. RESOURCE IMPACT Funding for the plan is available in the 2002-2003 budget. POLICY IMPLICATIONS This request does not represent a change in existing policies. ENVIRONMENTAL REVIEW This is not a project under the California Environmental Quality Act. ATTACHMENTS Attachment A: Amendment No. One to Agreement No. C0!25969 Attachment B: Agreement No. CO 125969 CMR: 240:03 Page 2 of 3 PREPARED BY: Sandra T.R. Blanch, Risk and Benefits Manager DEPARTMENT HEAD: ~ ~ Leslie Loomis Director of Human Resources CITY MANAGER APPROVAL EMILY HARRISON Assistant City Manager CMR: 240:03 Page 3 of 3 AMENDMENT NO. ONE TO AGREEMENT NO. C0125969 BETWEEN THE CITY OF PALO ALTO AND COMPSYCH CORPORATION This ~_mendment No.One to Agreement No. C0!25969 ("Agreement") is entered into , bv and between the C!TY OF PALO ALTO ("CITY"), and COMPSYCH COSPOKhTION, an illinois corporation, !ocated at 455 N. Cityfront Plaza, 2~<~ F!oor, Chicago, illinois 60611-5322 ( COMPS~Cn ). RECITALS: WHEREAS, :he Agreement was entered into between the parties for the provision of employee assistance programs an "E~P" and WHEREAS, the ~ r== n~ m:ov:@~sAg_~me..~ - --~ ~= for automatic renewal of the Agreement for two successive one year terms upon expiration of the initia! term of the Agreement, such that the Agreement w!l! expire on.Am~_ ~-- 30, .... ?003 un~es~ _renewed;. and WHEREAS, the parties wish to amend the Agreemen~ to extend the term of the Agreement to and including August 31, 2003 and to increase <he compensation provision of ~he contract by an addirionai Twelve Thousand Dollars (1512,000). NOW, TH=R~=ORm:.~.=:=._ ~_=, in consideration of the covenants, +-- < D_o~=sions o; <hiS P=menckment, the marties agree: SECTION i. to read as follows: :=RH is hereby amendedSection 3 entitled "~ " The term of this Agreement shall be {or a ~h~ "ini~iai m=~m")period of one (~)year <~..~ .... ~o.m!r~encemenEcommencing on May !, 2000 (the "~ ~ Date") and ending on April 30, 2001. Fo!~ow~ng_ _.. the ~:~:~.~-~~n of the !nit~a~_ _ Term, this Agreement shall automa<ica!!y renew for :wo suocessive one-year periods (each a ,,~ T "’~ _ _ shallRenewal _erm ) unless e~:ner ~artv deliver to the other party written not: - of non-renewal not less than sixty (60) days prior <o the exmirarion of ~he 7<{tiai ’Term or =---~ ÷~r The Agreementth= applicable Ren~w=~ shall be extended for a final four (4) month term to and including August 3~, 2003. The initial Term and any and all Renewal Terms are somezimes collectively referred to herein as the "Term". 030414 sdl 8120328 This Contract is subject to the fiscal provisions of the Charter of the City of Pa!o alto and the Palo Alto Municipal Code. This Contract will terminate without any penalty at the end of any fisca! year in the event that funds are not appropriated for the fol!owing fisca! year for the services under this Agreement. This section shall take precedence in the event of a conflict with any other covenant, term, condition or provision of <his Contract. SECTION 2. Schedule << -Schedule of Fees is he_eDy amended to read as set forth in the attachment to this ~_mendment, which is incorporated in full by this reference. a=~iON R P.xce~t as herein modified, all other provisions of the Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. ~HRRmOr ~arni "by their dulyIN WITNESS W ......., the _es nave _ aunhorized representatives executed this L_men~ment on the dane first above written. nTTEST:CITY OF PALO ALTO City Clerk ~PPROVED AS TO FORM: Senior Asst. Ci~v Attorney Assistant City Manager Direc:or of Administrative Services Mayor COMPSYCH CORPORATION, an illinois corporation By: Name: Title: By: Name: Title: Taxpayer identification No. Director of Human Resources ask Manager Attachments: Compliance. wizh <’,~__~. "~=~-_ § 313 is required ............ == :h= =<:~: .... on whose behalf in zhe ai:erna:ive, a cerzified :crpora:e resoiurion a::es:in@ :c :he signazcry a::horizy of <he individuals simnin~ in :heir res~es:ive sa~,aci:ies is assep:ab!e Schedule ii - Schedule of Fees 030414 sdl 8120328 SCHEDULE 17 SCHEDULE OF FEES Employee Assistance Program $2.70 per employee per month Basic Services: Client warrants as of the effective date that it has approximately 1004 emp!oyees for an approximate year!v mrogram cost of $32,529.60 paid on a monthly basis in equal installments of $2,710.80. Client agrees ~o provide ComPsych with quarterly updated emp!oyee counts. For the period May i, 2003 through June 30, 2003, City shall pay Commsych a sum equa! to the number of City employees who were covered during the preceding month times $2.70. At the end of the term of this Agreement, City agrees to pay one fina! payment representing the difference between the prior months employee count and actual employee count for the final month of the contract. Additional Services: _~o~=± compensation for additional services will not exceed Ten Thousand Do!~--_. .Additional ’==:s ($i0,000) per fisca! year .._ services include, but are not limited to, travel related expenses and clinical on-site intervention services. Travel expenses wil! be billed separately and are subject to Ci~’~-’ s guidelines and limitations. Clinical on-site intervention wil! be billed at a ra:e of $190.00 per hour of services plus all travel and re!a~ expenses. Client’s EAP includes, at no additional charge, all i.nizia! telemhone .... ~ n ~,~]~w~.n~ a crib!ca! incident Total Compensation: Total compensation for both basic and additional services for the ~{rst and second contract term shall not exceed Forty-<hree Thousand Dollars ($43,000) and for the third contract term and final four monnh term shall not exceed Fifty-Five Thousand Dollars (S55,000). 030414 sdl 8120328 3 CERTIFICATE OF ACKNOWLEDGMENT (Civi! Code § 1189). STATE OF COUNTY OF On notary public in and for before me, the undersigned, a said County, personally appeared mersonaily known ~- 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 =he 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 030414 sdl 8120328 CERTIFICATE OF ACKNO~TLEDGMENT (Civi! Code § 1189) STATE OF COUNTY OF ) ) ) On , before me, the undersigned, a nouary mublic in and for said County, personally appeared ~ersona!!v ~ :_ Known =o me (or proved to me on he basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged :o me :hat he/she/they executed :he same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on ~he _ ~:~_ b=ha~f of which :heinstrumen< the person(s), or :he e..~±~y upon .... person(s) acted, executed the instrument. wiTNESS my hand and off~_ciai se~=. Signature of Notary Public 030414 sdl 8120328 AGREEMENT THIS AGREEMENT is made and entered into this ~ day of April, 2000, by and between COMPSYCIt CORPORATION, an Illinois corporation ("Corn_Psych"), and CITY OF PALO ALTO, a chartered municipal corporation of the State of California ("Client"). RECITALS WHEREAS, ComPsych is engaged in the business of providing employee assistance programs (an "EAP") to employers; and WHEREAS, pursuant to an EAP, ComPsych provides those services described on Schedule I attached hereto (the "Services") to employees of client companies and/or their respective spouses and dependents who, from time to time, participate in an EAP ("Participants"); and WHEREAS, Client desires to engage ComPsych, and Corn_Psych desires to be engaged by Client, to provide an EAP to Client (the "Client EAP") pursuant to which ComPsych shall provide the Services to Client and Participants in the Client EAP, on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Services: Throughout the Term (as defined below), ComPsych will provide to Client an EAP pursuant to which Corn_Psych will perform the Services for Client and Participants in the Client EAP, as indicated in Schedule I. 2. Fees: (a) Throughout the Term, Client will pay a base fee per employee per month to ComPsych as indicated in Schedule 1~. The first (lst) monthly fee shall be due and payable on or before the Commencement Date (as defined below). Subsequent fees shall be due and payable on or before each one (1) month anniversary of the Commencement Date throu~out the Term. Fees will be fixed for a period of three (3) years. (b) In the event that any payment due ComPsych hereunder is not received by ComPsych from Client when due, a delinquency charge shall be assessed on each installment assessed in default for not less than thirty days in an amount not to exceed one and one half percent (1 ~/2 %) for each month the installment remains unpaid or the maximum amount allowed by law, in addition to attorney’s fees and other costs and expenses incurred by ComPsych to collect any amounts due hereunder.NBC Tower ~ 24th Floor 455 N. Cit)~front Plaza Drive ¯ Cl~cago, I~aois 60611-5322 relepbo,w 312-5954000 ~x" 3 t 2-595-4029 zt’ebsite wv,~,.comp~’ch.com 3. Term: The term of this A~eement shall be for a period of one (1) year (the "Initial Term") commencing on May 1, 2000 (the "Commencement Date") and ending on April 30, 2001. Following the expiration of the Initial Term, this Agreement shall automatically renewfor successive two (2) year periods (each a "Renewal Term"), unless either party shall deliver to the other party written notice of non-renewal not less than sixty (60) days prior to the expiration of the Initial Term or the applicable Renewal Term. The Initial Term and any and all Renewal Terms are sometimes collectively referred to herein as the "Term". This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract will terminate without any penalty at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year for the services under this Agreement. This section shall take precedence in the event of a conflict with any other covenant, term, condition or provision of this Contract. 4.Responsibility and Authority: It is a~eed and acknowledged that: (a) ComPsych shall have no responsibility- or liability whatsoever to Client, any Participant or any other person, firm, corporation or entity for any of the following: (i) Verification of any participant’s entitlement to ~oup medical!health plan coverage or insurance reimbursement; (ii) Payment of any participant’s bills, debts, obligations or other liabilities of any Mnd relating to any treatment or confinement (except as specified in any of the Schedules attached hereto), or payment of any treatment not expressly provided for in this Agreement. (iii) Any employment related decisions made by Client, including, without limitation, hiring, terminations, and employee accoimnodations made pursuant to the Americans with Disabilities Act. (b) ComPsych shall have no responsibility or liability whatsoever for the accuracy, completeness, propriety, necessity or advisability of the information which is provided to ComPsych by or from third parties, including, without limitation, hospitals, alternative facilities, treatment providers and practitioners. (c) Client, in conjunction with its claims administrator, shal! retain all final authority for benefit determination under any and all applicable insurance and claim administration contracts. 5. Statistical Reports: Corn_Psych will furnish statistical management reports to Client which reflect the Services being rendered, as described in Schedule 1. 6. Proprie~ary Rights: Client shall not, during the term of this Agreement, or at any time thereafter, disclose to any person, finn, corporation or other entity any information concerning the business or affairs of ComPsych, except as may be subject to disclosure as a punic document under the California Public Records Act, or as may be ordered disclosed by court order. Al! ri~ts, title and interest to the work product developed or produced under this Agreement are the sole property of ComPsych. Client covenants and agrees that it shall not knowingly, either directly or indirectly, in any way during the Term and for a period of three (3) years thereafter, solicit, attempt to solicit, or hire for employment’ or engage any person who is or was an employee or agent of ComPsych during the Term. 7. Confidentiality: Corn_Psych and Client acknowledge and agree that all information obtained or prepared by ComPsych in connection with this Agreement concerning individual Participants is confidential. No such information shall be disclosed except when disclosure is required by legal mandate or by express written consent of the Participant. 8. Dissemination of Information: Client covenants and agrees that any and all communications disseminated by Client to Participants regarding the Client EAP or the Services to be rendered by ComPsych hereunder shall: (a) if written, be subject to ComPsych’s prior written approval, which approval shall not be unreasonably withheld; and (b) if oral, accurately reflect the terms hereof and comply with such guidelines as may be established, from time to time, by ComPsych. 9. Representations and Warranties: ComPsych and Client each represent and warrant to the other that: (a) such party is a duly organized and validly existing corporation in good standing under the laws of its state of incorporation; (b) the execution and delivery of this Agreement by such party and its performance of its obligations hereunder have been duly authorized by all appropriate and requisite corporate action; (c) this Agreement is binding upon such party and enforceable against such party in accordance with its terms, except as may be limited by applicable bankruptcy, insolvency, reorganization or similar laws. 10. Indemnification: ComPsych agrees to indemnify, defend and hold harmless Client and its Council Members, officers and employees from and against any and all loss, damage, claim or liability (including without limitation, reasonable attorney’s fees) incurred by Client which arise out of ComPsych’s negligent acts, errors or omissions, in performing under this Contract. 11. Insura~lce: ComPsych shall maintain in full force and effect during the term of this Contract insurance as set forth on the Certificate of Insurance attached hereto as Exhibit 1. Such insurance will contain an endorsement stating that the insurance is primary coverage (with respect to services provided by ComPsych) and will not be canceled or altered by the insurer except after filing with Client’s city clerk thirty (30) days’ prior written notice of such cancellation or alteration. The City of Palo Alto will be named as an additional insured on such insurance. 12. Workers’ Compensation: Corn_Psych, by executing this Contract, certifies that it is insured against liability for workers’ compensation. 13. Assignment: This contract is for the personal services of ComPsych, therefore, ComPsych will not assign, transfer, convey or otherwise dispose of this Contract, any right, title or interest in or to the same or any part thereof without the prior written consent of Client, which consent shall not be unreasonably withheld, provided, that ComPsych shall have the right to sell, transfer, convey or assign this ageement to any successor, subsidiary, parent or affiliate of ComPsych and such assignee shall acquire all of the rights, duties and obligations of ComPsych set forth herein. A consent to one assignment wi!l not be deemed to be a consent to any subsequent assignrnent. Any assig~-nent made without the approval of the City Manager will be void and, at the option of the City Manager, this Contract may be terminated. This Contract will not be assignable by operation of law. 14. Nondiscrimination: ComPsych, as a supplier of services to the City of Palo Alto, certifies that it does not discriminate in employment with regards to age, race, color, reli~on, sex, national oriNn, ancestry, disability, or sexual r~reference and that it is in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. ComPsych agees that each contract for services with an independent provider will contain a provision substantially as follows: "Provider will provide ComPsych with a certificate stating that Provider is currently in compliance with all Federal and State of California la~vs covering nondiscrimination in employment; and that Provider will not discriminate in the employment of any person under this contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person." 15. Force Majeure: No failure, delay or default in performance of any obligation of a Party to this Ageement shall constitute an event of default or breach of the Ageement to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of such Party, including, but not limited to: actio~l or inaction of governmental, civil or military authority; fire, strike, lockout or other labor dispute; flood, War; riot; theft; earthquake and other natural disaster. 4 16. Exclusi~ity: During the term of this Agreement, Client warrants that ComPsych shall be the exclusive provider of the services under this Agreement to Client’s emp!oyees. 17. Relationship of the Parties: Corn_Psych and Client agree that Corn_Psych shall be an independent contractor and neither party nor their respective employees or agents shall be deemed to be an employee of the other, nor shall this Agreement be deemed to create a partnership, joint venture or other association between the parties hereto. 18. Notices: Any notice required hereunder will not be effective, unless in writing, signed by an authorized officer of the party delivering such notice, and sent by certified or registered mail to the address indicated below. Notices shall be effective only when received. ComPsych Corporation NBC Tower 455 N. Cityfxont Plaza Drive 24th Floor Chicago, IL 60611-5506 Attn:Dr. Richard A. Chaifetz President and CEO City of Palo Alto 250 Hamilton Ave. P.O. Box 10250 Palo Alto, CA 94303 Atm: Employee Benefits Manager 19. Governing Law: This Agreement shall be interpreted under and governed by the laws of the State of Illinois, without regard to its conflict of laws rules. Any court proceedings shall take place in Santa Clara County, California, unless the parties agree otherwise. 20. Severability: K any provision of this Agreement or the application thereof to any party or circumstance is held to be invalid, such invalidity shall not affect the other provisions or applications of the Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. 21. Schedules Attached and Incorporated into Agreement: The Schedules attached to this Agreement are incorporated herein, in their entirety, by this reference. 22. Entire Agreement: This Agreement, together with the Schedules attached hereto, shall constitute the entire Agreement by and between the parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein and, this Agreement shall supersede al! prior and contemporaneous communications, representations or agreements, either verbal or written, by and between the parties hereto, all of which are merged herein. This Agreement may not be modified or rescinded except pursuant to a written instrument signed by the party against whom enforcement is sought. 23. Clause Headings: The clause headings appearing in this AHeement have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they appertain. 24. Facsimile: Facsimile transmission of an executed copy of this AHeement or any amendments hereto sha!l be accepted as evidence of a party’s execution of the Agreement or amendment. 25. Changes, Additions or Deletions: Any changes, additions, or deletions to this AHeement will not be considered binding or aHeed to unless the modifications have been initialed or otherwise approved in writing by the other party. 26. Recovery of Fees: The prevailing party in any action brought to enforce the provisions of this Contract may recover its reasonable costs and attorneys’ fees expended in connection with that action. 27. Dispute Resolution: ComPsych and Client shall attempt to resolve conflicts or disputes under this Contract in a fair and reasonable manner and aHee that if resolution cannot be made to attempt to mediate the conflict by a professional mediator (except for payment disputes which may be submitted directly to arbitration). If mediation does not settle any dispute or action which arises under this Contract or which relates in any way to this Contract or the subject matter of this Contract, it shall be subject to arbitration under the rules governing commercial arbitration as promulgated by the .American Arbitration Association and arbitrability shall be subject to the Federal Arbitration Act. Any arbitration proceeding shall take place in Santa Clara County, California unless the parties aHee otherwise. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above ~vritten. ~~MPSY~.~RATION Dr. Richard A. Chaifetz President and CEO Robert Jacot )n Chief Financial Officer Tax I.D,’ 36-3739783 CLIENT city of Palo Alto Title: >la¢o%) ATTEST: By: Title: City 6 [CONTINUATION OF PAGE 6. SIGNATURE PAGE TO AGREEMENT BETWEEN CITY OF PALO ALTO AND COMPSYCH CORPO~hTION ENTERED ON APRIL, 2000] APPROVED Se]City Attorney D: Dirg~tor of Human Resources ~ger City M~nager D~vC,t!~ersOiAdministrat" SCHEDULE I COVERED SERVICES EMPLOYEE ASSISTANCE PROGRAM Account Management: Client will be assi~m~ed an account manager who will serve as the contact person and provide Client with reports and feedback on the program. Program Promotion: Provide Client with customary EAP supervisor training, EAP employee orientations, literature, brochures and posters announcing and explaining the program to Client employees; as mutually agreed upon. Customized promotional materials are available at an additional cost. Service Access: 24 hour 800 line access to guidance counselors and 24 hour access to ComPsych’s Guidance Resource website at www.comps¥ch.com. Assessment, Counseling and Referral: Assess the presenting problem of each participant requesting services and provide a maximum of three (3) behavioral health counseling sessions per presenting problem (for safety employees, ComPsych will provide a maximum of ten (10) behavioral health counseling sessions per presenting problem) if such problem is determined by ComPsych to be resolvable within the above number of sessions (in California, any sessions which constitute "sessions" as defined under California Code of Regulations, Title 10 § 1300.43.14Co) are .limited to three within any six-month period). If the participant’s presenting problem is determined not to be resolvable in the above number of sessions, the participant will be referred for alternative services after assessment. Crisis Intervention/Critical Incident Debriefing: ComPsych will provide crisis intervention and critical incident debriefing as and when determined necessary by CormPsych. Client will be charged an additional fee for any clinical on-site intervention. Supervisor Consultation: ComPsych professionals are available to provide technical support and policy-based advice to supervisors and managers of Client Management Report: ComPsych will prepare and provide to Client statistical management reports, without disclosure of the identity of any Participant utilizing the program services, as mutually determined. LegalConnect: Provide Client employees and their respective spouses and dependents with telephonic legal information and local referral upon request. If a local referral is requested, the employee or their family member shall be entitled to a flee thirty minute consultation and thereafter a 25% reduction in the attorney’s customary rates. FinancialConnect: Provide Client employees and their respective spouses and dependents with telephonic financial information regarding their personal finances and related issues. O Famil3~S~urce: "Provide Client employees and their respective spouses and d£pendents with child and/or elder care resources in the community where the Participant has a careNving need. ComPsych will identify a resource which ComPsych believes will be appropriate to the request of the Participant. ComPsych does not control and is not responsible for the quality of services rendered by resources or does ComPsych review or monitor their activities. A referral by ComPsych to a resource is not a recommendation, approval or representation by ComPsych regarding the standards, quality, competence or adequacy of such resource or its agents and employees or its facilities. The decision as to whether or not to utilize a resource identified by ComPsych shall rest solely with the Participant who has the sole and independent obligation to decide whether or not to contract with or other, vise retain or employ such resource. ComPsych does not assume any liability with regard to the services performed by any resource. ServiceConnect Plus: Provide Client Co. employees and their family members with information, referrals and appointment/arrangements (if appropriate) in the following areas: 1. Home o Home Repair and Renovation o Appliance Repair o House/Apartment Sitting Buyer/Se!ler Brokers Real Estate Lawyers Mortgage o o o 2. Cars ,Buying, Selling Leasing ~New, Used Cars ,Dealers *Car Repair o Car Insurance 3. Pet Care , - Pet Sitting , Pet Insurance 4. Relocation/Moving 5. Apartment Shopping 6. Computer Shopping 7. Govenament Services 8. Restaurants 9. Flowers/Gifts 10. Lawncare/Gardening 11. Special/Local Events SCHEDULE II SCHEDULE OF FEES Employee Assistance Program $2.70 per employee per month Client warrants as of the effective date that it has approximately 1004 employees for an approximate yearly program cost of $32,529.60 paid on a monthly basis in equal installments of $2,710.80. Client agees to provide ComPsych with quarterly updated employee counts. Travel expenses are billed separately and are due fifteen (15) days after receipt of invoice by Client. ComPsych agrees that trave! and related expenses will not exceed $10,000.00 per year unless pre- approved by Client’s City Council. Client’s EAP includes, at no additional charge, all initial telephone consultation following a critical incident. However, any clinical on, site intervention will be billed at a rate of $190.00 per hour of services plus all travel and related expenses. 9 & Assoc. COMPANIES AFFORDING COVERAGE ~M~ COMPANY Compsych Behavioral Health s Corp. & Compsych Mgmt. Co~.~M~ 455 Cityfront Plaza Dr.0,., Chicago iL 6061~ (~312), 245-2699 D THIS ~8 TO OH~l~ ~T THE POUCI~8 OF INSU~NCE LISTED BELOW HAVE BEEN I~UED TO ~ IN~UR~D ~ED ABlE FOR ~E POU~ PERIOD INDICATED, NO~HBTAND)NG A~ REQUIREME~, ~ERM OR ~ND~ON OF A~ OON~CT O~ OTHER DOOUME~ ~H RESPECT TO WHICH THe8 CERTIFI~ MAY BE ISSUED OR ~Y PE~AIN, THE tNSU~NCE AFFORDED BY ~E POUC]E8 DHBORI~ED HEREIN IS ~U~OT TO ALL THE TERMS, ~CLUBtON8 AND CONDmON8 OF SUCH POUC[~S, LIM~8 SHOWN MAY ~, BEEN R~DUGED BY PAID ~EFF~VE POU~I~ON ~E OF I~U~NCE POU~ NUMBER ~ ~D~ DA~ (MM~ A GENERAL LIABILITY t OWNEB’S & cx)NTI:~CTOR’~ FROT ~ A~U ’TOMOBILE LIABIUW ANY AUTO , ALL OWNED AUTOS __] SG"HEDULED AUTOS ~HIREO AUTOS NON-OWNED AUTOS GARAG=. LIABILITY mANY AUTO A ~x=~ss u~IUI"Y~UM, i~RELLA FORk,t OTHER THAN uMBRELLA FOPNi WORKERS ¢OMPENSA’llON AND I~aPLoYER~’ LIABILITY THE pROPRiE’i~ [---J INC.,L LIABILITY R/O G20002812~ U200000279 04 R/O 020001146 0 oz/oz/oo / / oz/oz/oo / / 0:L/o~./0o / / COMBINED 81NGL~ LIMIT $ EACH OCC. AGGREGATE 2,000,000 4,000,000 DESP.,RIP110N OF OPERATIONS/LOr:ATIONENEM]OI[Es/sPEGIAL ITF.3AB THE CERTIFICATE HOLDER IS ADDED AS ADDITIONAL INSURED BUT ONLY AS RESPECTS TO THE OPERATIONS PE~FORi~ED BY THE NAMED INSUKED. ~HOU~.I} ANY op "tN~ ALCOVE DE~r~m~ POUOIE~ BE ~.,AN(3ELLED ~POR~ THE CITY OF PALO ALTO 250 HAMILTON AVE. PC BOX 10250 PALO ALTO CA 9&302 KXP1RATION DATE THEREOF, THE ISSUINg COMPANY W~LL ENDEAVOR TO MAIL ~ 13AYll WRITTEN NOTII3E TO THE I:ERTIFIGATE HOLDER NAMED TO THE LEFT, BUT pAILURE TO M,~JL SUCH NOTIOE 6HALL IMPOSE NO OEILI~IATION OR UABILITY OF AI~KIND UPON THE COMPANy" 11"~ AGENTS/ OR REPRO.SENTA~, ~R~’~’~’~;~P~:~‘~:~;~;~,z~:~;~.~";?~r~.~ ’..’..".~’.’~,.w"~’:~" """~’;i’-" ............. No C 0001106 Property/Casualty Reinsurance Endorsement Effective O!/O1/00, for losses occurring as respects occurrenc~ policies and claims made as respects claims made policies, on or after tl~.s date,, this-endorsement,forms a part-of policy.No. 0200001146-03 ........ issued by Frontier Insurance Company (hereinafter referred to as the "Company") to the Insured Named below: IL For value received, Clarendon National Insurance Company (hereinafter referred to as "Clarendon") as reinsurer of the Company agrees that in the event of the insoiveney of the Company, Clarendon will i~ediately become hable for 100% of any loss payable by the Company under the policy, not to exceed policy limits, to which this endorsement is attached, and Clarendon will make payment thereof directly to the Named Insured shown above in the event of .first-party coverages, or directly to the claimant or claimants to whom the Named ~sured is legally liable, in the event of third-party coverages, subject always to the other terms of the pohcy. As a condition precedent to payment hereunder, CIarendon shall be subrogated to al! the rights of the Named Insured to the extent of such payment. -The Company and Clarendon covenant that the provisions of this endorsement take precedence over any other reinsurance agreement, contract or arrangement between them to the extent Clarendon shall not be subject to duplicate liability because of any payment or payments made under the terms hereof. Clarendon reserves the right to cancel this reinsurance endorsement upon 30 days prior notice ~ writing to the Company and the Named Insured. .Clarendon National Insurance Company Charles Bolton. CPCU _Erontier Insurance Company Theodore l..Ruple~v (signature) Vice President. Unde~ (OKicial Title) (signature) Pre.~ident (Official Title) THiS ENDORSEMENT DOES NOT INSURZ LOSSES OCCUR.RING OR CLAIMS MMgE PRIOR TO THE. EFFECq"IVE DATE HEREOE FIC-R I (12,/99) AGENT None 000 ii I I Property/Casualty Reinsurance Endorsement ¯ losses occurring as respects occurrence policies and claims made as respects claimso~/oo,No. ~ectiveO~. /[or , _ ies on or after this date, this endorsement forms a part of policywad° volic , .(hereinMter referred to as the "Company") to the Insured Namedissued by Frontier insurance Company below: For value received, Clarendon National Insurance Company (hereinafter referred to as "Clarendon") as reinsurer of the Company agrees that in the event of the insolvency of the Company, Clarendon will immediately bemme liable for 100% of any loss payable by the Company under the policy, not to exceed policy limits, to which this endorsement is attached, and Clarendon will make payment thereof directly to the Named Insured shown above in the event of first-party coverages, or directly to the claimant or claimants to whom the Named Insured is legally liable, in the event of third-party coverages, subject always to the other terms of the policy. As a condition precedent to payment hereunder, Clarendon shall be subrogated to all the rights of the Named Insured to the extent of such payment. The Company and Clarendon covenant that the provisions of this endorsement take precedence over any other reinsurance agreement, contract or arrangement between them to the extent Clarendon shall not be subject to duplicate liability becanse of any payment or payments made under the terms hereof. Clarendon reserves the right to cancel this reinsurance endorsement upon 30 days prior notice in writing to the Company and the Named Insured. Clarendon National Insuranc~ Charles Bol.tpn. CPCU Frpntier..!nsurance Company ..Theodor,e.,J. Rupley (signature) Vice Presi ,deIlt Underwritin~ (Official Title) (signature) President (Offici!l Title) THIS ENDORSEMENT DOES NOT INSURE LOSSES OCCURRING OR CLAIMS MADE PRIOR TO THE EFFECTIVE DATE HEREOF- FIC-R 1 (12/99) INSURED