The URL can be used to link to this page

Home My WebLink About0149.091-. February 7, 1991 THE HONORABLE CITY COUNCIL Palo Alto, California -/' o Employee Assistance Program -Award of Contract Members of the council: RePOrt in Brief 2 since 1983 the City has contracted with Occupational Health Services, Inc. (OBS) for employee assistance services, including personal counselinq. financial and legal counseling and stress manaqement counseling. This report recommends award of a successor contract to OHS for a three year period heginning February 17, 1991. The first year cost of the proposed contract is $24,500, with a not to exceed 5 percent per year cost adjustment in the second and third year. The cost of the final year of the curr~nt agree.ent ~as $2Q,407. While the new first year cost represents a 20 percent increase, the previous three-year agreement provided an annual increase of only 5 percent per year, which was considerably under the rate of inflation for health care services. This is also the lowest bid by a SUbstantial amount. Eackaround A request for proposal (RFPJ to provide employee assistance services was prepared in December 1990. proposals ~ere submitted by thra~ organizations: Service to Industryr an affiliate of the Family Service Agency; OCcupatior.al Health Se.rvices, Inc .. ~ and Concern# Employee Assistance Program of El Camino Hospital. Cost estimates for requested services ranged from $24#500 to $49,5~O, with OHS submitting the low bid .. A review committee made up of six City employees, i1"'.cluding one each from SEIU and PAPOA and four management personnel, reviewed all of the proposals.. Each of the applicant orqani~ations made presentations before the committee and answered que5tions .. COllllDittee members were asked to evaluate the proposals and to rank them in terms of cost# background of company, experience, and ability to respond to special situations. All three of the programs, OHS. Concern and Service to Industry, ~ere found to be comparable in most areas, except legal, financial and cost. Of the three, OHS's charges were $7,000 to $15,000 less than the other proposals. CHR: 149:91 o. > , Page 'l"'\iO Basea on this ~eview and a past recor~ of satisfactory servi~e, OHS was selected to continue employee assistance services tor the new contract period. Environmental Assessmgnt ~i$ action is not a project as defined in Title II of the Palo Alto Municipal Code., and so no en· ... ·ironment.al assessment is necessary. staff re.-::cmmends that the Council authoriz.e the Mayor to execute the attachec) contract with Occupational Health Services fOr" the Employee Assistance prog:ra.m. Funding is prn'lide.d for this contract in the 1990-91 budget. Respectfully submitted, ~ It! UJ.ut/!!fv ~NAW R. WEST Resources / Ol¥stant c~ty~er At.tachment: Agreement -with OCcupational Health Services CMR: 149:91 o - AGREEHEn BBTWEEIII rKE CITY OF PALO ALTO AND OCCUPATIONAL HEALTH SBRVrCBS. X.C. FOR ADKIWIBTRATIOX OP CrTY EKPLOYB£ ABS!a~AHCB PROGRAM THIS AGREEMENT, made and entered into this ____ day of _-,~~~~==~~~' 1991 s by and between the CITY OF PALO ALTO, ~ municipal corporation of California, hereinafter referred to as ·CITY-~ and OCCUPATIONAL HEALTH SERVICES, IN"~~, a Cali forn1a corporation, with offices at 125 E~ Sir Francis Drake Blvd., suite 300, Larkspur, CA 94339-1860, hereinafter referred to as ·CONTRAC TOR-: WIT N E SSE T H: WHEREAS, CITY desires to retain se.nfices rE:lated to the supervision and administration of CI'I'Y's employee assistance program, hereinafter referred to as the -Program"; and WHEREAS, CITY ~esires to engage CONTRACTOR to provide these services by reason of its qualifications and experience for perforwing such services, and CONTRACTOR has offered to provIde the required services on th~ terms and in the maJL~er set forth herein: NOW, THEREFORE, in consideration of their mutual covenants~ the parties hereto agree as follo~s: 1~ DEFINITIONS. Cal The ~ord "cityB as used in this agreement shall mean and include all the terri tory lying within the municipal boundaries o~ the City of Palo Alto, CalIfornia, as presently existinq, plus all territory vhich ~y be added thereto during the term of this aqreement by annexation or otherwise. (b) The term "City Manager B shall mean the duly appointed city Hanaqer of the city of Palo Alto, California, or his designated representative~ (el appointed City his designa t'Sd The term ·city Attorney shall mean the duly Attorney of the City of palo Alto, California, or representative. Cd) The term ·City Clerk-shall mean the duly appointed City Clerk of the City of Palo Alto, California, or her designated representd.tive. (a} city~ The city Manager shall be representative of CITY for all purposes under this agreement. The Director of Human Resources hereby is Jesignated as the PROJECT MANAGER for the city Manager, and he sball Supervise the progress and execution of this aqreellent. 1 9Hml bock~ • (bJ ContractQ!:.. CONTRACTOR shall assign a single PROJECT DIRECToR to have overall responsibility for the progress and execution of this aqree:dl.ent fClr CONTRACTOR. .Mr. Michael Palmertree hereby is desiqnated as the PRO..1ECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the exec~tion of this agreement require a substitute PROJECT DIRECTOR for any reason) the PROOECT DIRECTOR designee shall be subject to the prior ~ritten acceptance and app~Qval of the PROJECT ~AGER. 3. OO'l'IES OF CONTRA=-B. (a) Services to be rurnish~d. CONTRACTOR shall provide all specified services as set forth belo~: (1J CONTRACTOR agrees to supervise and administer the Proqraa as to all required counseling services during the term of this aqreeme.nt. 'I'he services herein contemplated shall cover the operations of CITY-involving its employees and their depen dents~ (2) CONTRACTOR sball act as the representative of CITY in matters relat~d to CITY's adainistrative obligation concerning tbe. program and shall provide the services more particularly set rorth belov: A. Administer thoe Program in full compliance 'With the requirements of accepted standards and aeministrative procedur~s of the State or California. B. provide monthly to CIT¥ a machine- tabulateci raport on all services provid.ed under the prograa., including but not limited to: services .. 9101l] h.k ()Ol(J'U,9 the numbe.r of CITY employees who have or are participating in the Proqram. the utilization rate by location r department, and divisions in the utilities department; the qender; the age 9ro~p$ in fiv~-year incre ments; 'Whether'lllanagement referrals or self referrals; problems stated by category. C. Provide. semi-annUal client evaluations of 2 ... D. coordinate, consult, and fully cooperate with CIT1 Human Resources Department in the ad~lni9tration of said Program: notify the PROJECT MANAGER immediately as to any serious condition of current employees vhich could or may cause injury/ illness to themselves or others. (3) CONTRACTOR shall provide counseling services in the following areas to all employee groups: A. Alcohol and chemical dependency diagno sis, intervention, and recovery. 8. Marriage and family counselinq. C. Children and adolescents. D. Psychiatric consultation. E. Psychological assessment. F. Strass reduction. G. Conflict resolution. B. Bereavement co~~selinq. I. Biofeedhack. J. Legal referral. K. Financial and credit. L. Career counseling. (.t) CONTRACTOR sh2l11 provide the following training as outlined on an annual basis; A. Employee orientations: two (2' sessions annually. B. supervisor training; .four {4) sessions annually. (5) CONTJl~CTOR shall make available counseling sessions for all employees and their dependents as follows: A. Sworn police department per-sonnel shall receive not more than teL (10) ~essions per any twelve (12) month perIod. B. Sworn fire department personnel shall receive not more than ten (10) sessions per any twelve (12) month period. 3 aaterials: : -~ o c. All r~lar employees shall receive not more than three (3) sessions per any twelve (12) aonth period~ (6) COllTl\ACTOR shall furnish the follo'Winq A. Brochures Bhall be supplied to all police and fire department personnel and regular employees two (2) times annually. BIO chures shall d~8cribe the applicable ser vices atforded to each respective work qroup. B. Posters relating to the various benefits of employee assistance shall be supplied every calendar quarter with the quantity to be ~ less than twenty-five (25) cop ies per quarter. 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 =onthly basis. E. Sufficient numbers of supervisory train ing manuals shall be supplied in conjunc tion with the supervisor traininq servic es required under Section 3 Ca) (4) (S) of this agree.ent. A&2itional manuals shall be provided as part of on site stock of resource materials for supervi sors. (7) CONTRACTOR shall maintain a twenty-four (24) hour per day, seven (7) days-a-~eek telephone line for CITY usej said telephone system shall! A. Be stafted by CONTRACTOR staff ten (10) hours per day. Konday through Friday. B. Off hours and 'Week;ends the ans'Werinq service shall be supplied with the names and number::> of appropriate CONTRACTOR 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) CONTRACTOR shall maintain offices in the following locations during the term of this agreement and shall 4 8 n ' ..... i' afford CITY's employees their choice locations: of appointments in any such A. Palo Alto 1<. Oakl~nd 8. San Jose L. Fairfield C. Sunnyvale x. Henlo Park D .. San Mateo N. Fost~r-City E. Redlo'ood City O. Los Gatos F. San Francisco P. Cuperti.no G. Premont Q. Belmont H. Hayward R. Daly city I. Los Altos s. Alameda J. Mountain view T. Livermore (9) CONTRACTOR shall assure confidentiality ot services performed at all times. Records, including any intorma tion Whether recorded or not, pertainin9 to the identity. diaqno- 515# or treatment of any employee or dependents Yhich are main tained in connection with the pert'ormance o~ this agreement shall be confidential anc disclosed only under either of the following circwastances: A. When disclosure is authoxized with the written and signed consent of the employ ee or dependent over the a~e of eiqhteen (18). Such consent must state: (iJ the name of the person or organi%a tion to 'Whom disclosure is to be made; {iiJ tha specific type ot information to be disclosed;-and (iii) the purpose or need for such disclosure. B. When an employee' & records are subpoenaed and are not otherwise protected by pro fessional, privileged~ relationships. (10) COh~CTO~ agrees to operate a system of records on individuals irJ. accordance with the Privacy Act of 1974, Public Law 93-579. 5 -.. ,. . . c (b) Laws to bLQbseryed. CON'l'RAC'l'tJR shall: (1) 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 CONTRACTOR under this agreement. {2} Keep itself fully infot'lll.ed: of all existing and future lederal l state, and local lays, ordinances, requlations, orders # end decrees which may affect those enqaged or employed under this agreement, any materials used in CONTRACTOR'S perfor mance under thi6 agreement, or the conduct of the services under ~~is agreement. (lJ At all times ohserve and comply "With, and cause all of its subcontractors and e~ployees, it any# to observe and co~ply with~ all of said laws, ordinances# regulations, orders, and decrees mentioned above. (4) Iftmediately report to the PROJECT MANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances# regulations, orders, and decrees mentioned above in relation to any provisions of this agreement. (c) Release of Re~ ___ iiLnd Information. Except as provided uncler Section J {aJ {9} of this agreement, any reports # information# dat&:# or other material given t-o, or-prepared 0:: assembled by, CONTRACTOR or its subcontractors, if any~ under this agreement shall be the property of CITY and shall not be made available to ~ny individual or organization by CONTRACTOR or its subcontractors, if any, vithout the prior written approval of the City Manager .. 4. COMPENSATION .. by CONTRACTOR under this fees outlined below: For the full performance of the services agreement, CITY shall p~y CONTRACTOR the (a) For the period of February 17, 1991, to February 16, 1992, CITY shall pay CQNTRAC"roR the total sum of Twenty-four Thousana# Five 8undred Dollars ($~4,500Ja (b) For the period of February 17, 1992, to February 16, 1993, CITY shall pay CONTRACTOR. a base sum of 'I"oolenty-five Thousand, Seven Hundred Twenty-five Dollars ($25,725). This fee shall be adjusted based on an averaqe annual utilization rate by CITY's employees and their dependents of CONTRACTOR' 5 services of ten percent {10\). However~ said adjustment shall not be greater or less than five per-cent (5\:) of the total anmlal fee. {c) For the period of February 17, 1993 to February 16. 1994# CIT~ shall pay CONTRACTOR a base sum of Twenty-si~ Thousand# Eleven Dollars ($26,011). This !ae shall also be adjusted based on an average annual utilization rate of ten percell_t_ (1o~). Howeve.r, • f'. said a.djustment shall also not b~ 9reater or lesa than five: percent (5\} of the total annual fee. CONTRACTOR shall invoice CITY tor p.a:yment of its services as provided in this section four (<t} tlaes per year .. at the ~ginninq of each calendar quarter. payment shall be made by CIT¥ within sixty (60) days from receipt of each invoice~ but in no event shell each payment exceed one fourth (1/4th) of the total contract budget for the particular contract year. For tne contract periods set forth under subsections (0) and (e) in this section, haid adjustments shall :be reflected on CONTRACTOR'S invoices to CITY for the fourth (4th) quarter of each such contract period~ Notwitbstandlng the foregoinq, payment to CONTRACTOR under this aqreement is contingent on the City Councilfs continued appropria tion of lunds for such scrvicp-s for each fiscal year during the term of this aqreement. 5. IIBH. This agreement shall co:a:m.ence on Feb!:'Uary 1" 1991 and continue in full torce for e period not to exceed three years~ subject to the City Council ~ & continued apprcpriatio-n of funds for such services for each fis-cal year during the term of this agreement. 6.. TEMPORARY SUSPENSION.. The city Mana.ger shall have the authority to suspend this agreement, ~holly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of CONTRACTOR to perform any provision of this aqreement. 7. EXTENSION OF TERM. In the event that the services called fer under this agreement are not completed .ithin the time specified abOve# the City Kanaqer shall have the option to extend the tiae for completion. This paragraph does not preclude. the recovery of damages for delay by either party. 8~ SUSPENSION; TERMINATION. (a) Right to Suspend or Terminate. Either the City Manager or CONTRACTOR may suspend or terminate this agreement without cause by giving thirty (30} days' written notice thereof to the other party.. Upon receipt of such notice~ CONTRACTOR s'hall immediately discontinue his performance under this agreement. (0) Payment. Upon such suspension or terJIination, CONTRACTOR shall be paid for all s~rvices actually rendered to CITV to the-date of such suspension or termination; provided, however# if this agree1Uent is suspended or terminated 'for fault.. of CON7RAC TOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of OONTRAcroRts services 'which are of benefit to CITY. 9. ASSIGNMENT; SUBQQNTB&CXORSi EMPLOYEES. Ca) Assignment~ Both parties shall qive their personal attention to the faithful pertoraance of this agreement and shall not assign, transfer, convey. or otherwise dispose of this 7 'lOU I ... 00l0:169 • o o 8qreement or any right, title, or interest in or to the same or any part thereof 'Without the prior wri,tten consent of the other party, and then cnly subject to such terms and conditions as the other party may require. A consent to one assi9nment shall not be deemed to be a: consent to any subsequent assi9nment~ Any assignment without. such approval shall be void and, at the option of the other party, shall terminate this agreement and any license or privil€qe granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent ot the other party. (bJ Subcontractors i gmplQyees. CONTRACTOR shall be responaible Cor employing or engaging all persor-s necessary to per-fora the services of CONTAACTOR hereunder. No subcontractor of CONTRACTOR vill be recognized by CITY as such; rather., all subcontractors are deemed to be eaployees of CO~CTOR, and it agrees to be responsible for their perfo~ance~ CONTRACTOR shall give its personal attention to the fulfillment of the provisions of this aqreement by all of its employees and subcontractors., if any, and shall keep the work under its control. If any employee or subcontracto-r of CONTRACTOR fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or il:lproper manner, he shall be discharged iamediately from the work under this agreement on demand of the PROJECT !(ANAGER. lO~ NOTICES~ All notices hereunder shall be given in writing and .ailed, postage prepaid., by certified mail, addressed as follows: To CrTY: Office of the City Clerk 250 Ha,milton Avenu-e Palo Alto, CA 94301 To CONTRACTOR: Attention of the PROJECT DIRECTOR at the address of CONTRACTOR recited above. lL INTEREST OF CQ'h':rEACTQR~ CONTRACTOR covenants that it presently bas no interest, and shall not acquire any interest, direct or indirect~ financial or otherwise~ ~hich would conflict in any manner or degree with the performance of the services hereun der~ COHTRACTOR further covenants that, in the performance of this aqreement~ no subcontractor or person having suo::h an interee:t shall be employed. CON1"RACTOR 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 tbe services he~eunder, CONTRACTOR shall at all times be deemed an independent contractor and not an aqent or employee of CITY. 12~ INPEMNITY. CONTRACTOR hereby agrees to indemnify and save har.less CITY, its officers, agents, and employ~es, of and froa: (aJ Any and all claims and I!emands 'Which say be .ade 49ainst CITY, its officers, agents, or employees, by reason of any 8 'lOU) lock 0CJ'l0'lt.9 , • injury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act or omission, neqligent cr otherwise, of CONTRACTOR Qr any subcontractor under this agreeDent or of CONTRACTOR's or any subcontractor's employees or agents; and (b) Any and all penalties imposed or damaqas sought on account of the violation of any lew or requlation or of any tenD. or ""ndition of any permit. CONTRACTOR I at its own cost, expense, and risk, shall defend <!.ny and a] 1 auits, actions J or other lega.l proceedings that. aay be brought or instituted by third persons against CITY", its officers, agents., or employees., on any of the above claims or dema."lds of such third persons, Dr to enforce any of the aboVe pe..~alties, and sball pay and satlafy any jUdqment or decree that. aay be rendered against CITi, its officers~ agents, or smployees, in any such suit, action, or other legal proceeding. 13. WORKERS' COMPENSATION. CONTRAC'I"O!t certifies that it is aware of the provisions or the Labor Code of the state ot Califor nia which require every employer to be insured against liability for workers' co.pen~tion or to undertake self-insurance in accordance with the provision& ot th~t code, and it certifies that it will COD91y with such provisions before commenCing the pertor .. nee of the ~ork of ~his agreement. 1.4. IHSURANCE'. CON'nl'CTOR, at its sole cost and expense, shall obtain and ~aintain in full force and effect throuqhout the entire term of t.his agreement the following described insurance coveraqe, ir~rinq as additional insured not only CONTRACTOR and it. subcontractors~ if any, but also, with the exception of workers' compensation and employer's liability insurance, CITY, its officers, aqents, and employees, and each of them: POLley (a) WOlU(ERS' COMPENSATION (b) COMPREHENSIVE AUTOMOBILE: LIABILITY, in Incllld ing owned, hired, and non owned 4uta-Obiles (c) COMPREllENSlVE GDmRAL LIABILITY, includll\9 pro tective, com pleted. opera- MINTMUM LIMITS OF LIABl~lTY stat.utory Bodily rnjury -$500,~O each persen -$5000,000 each oocurreJlCe Property Damage -$500,000 each occurrence Bodily Injury -$500,000 each person -$500, 000 each occurrence -$500,000 aggregate property Damage -$100,000 eacl'\ occurrence -$100,000 agqreqate Personal Injury -$500,0-0.0 each occurrence. 9 , \ tions, broad torm contractual, , personal injury Cd) PROFESSIONAL LIABILITY. in cllJdinq errors, omissions, mal practice (it applicable], and negligence per formance -$500;000 aggregate All Damaqes -$1,000,000 minimum Certificates of such insurar~e, preferably on the forms provided by CITY, shall be filed with CITY c~ncurrently with the execution of this aqreement or, with CITY's approval, within ten (10) days thereafter. said certificates shall be subject to the approval of CITY' S Risk Manaqer and shall corltain an endorsement stating that said insurance is primary coveraqe and will not be canceled or altered by the insurer except after filinq with the City Clerk thirty (30J days' written notice of such cancellation or alteration, and that the City or Palo Alto is named as an addition al insured. CUrrent certificates of such insurance shall be kept on file at all ti~es during the term of this agreement with the City Clerk. 15. AGREEMENT BINDING. The terms, covenants~ and cond1~ions of this agreement shall apply to, and shall bind,. t..'le heirs, successors, executors, administrators, assigns, and subcor.tractors of both parti-es. 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 an.y 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 la ... ~. The subsequent acceptance by either party of any fee or other money which may be:come 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. 11. COSTS AND ATTORNEYS FEES. The prevailinq party in any action brought to enfo£ce the terms of this agreement or arisinq out of this agreement may recover its reasonable costs and attorneys' tees expendeCi in ccn."lection "rith such an action from the other party. 18. NONDISCRIMINAtION. No discrimination shall be made in the eaplol'1lent of pE!r-sons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. If the value of this aqreement is, or zay he, Five Thousand Dollars ($5,000J or more, CONTRACTOR aqrees to meet all requir-ements of the Palo Alto Municipal Code pertaining to nondiscriDination in 10 910131 ~ CJOlO'26IJ \ .' , ", ... ..: emploYJIent and to complete and submi t dlscrialnation Provisions of City of ~orm furnished by ClTY. the ·Compliance Report--Non Palo Alto Contracts· on t}\.e If CO~CTOR is foun~ In violation of the nonoiscria!nation provisions of the state ot California Fair Employment Practices Act or similar provisions o~ federal 1a .. or executive order in the performance of tbis agreement, it shsll thereby be found !n 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 CONTRACTOR the SUlI: of Twenty-five Dollars ($25) tor each person for each calendar day during which such person was discri.inated aqainst, as damaqes tor 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 o~ contract under this paraqrAph~ If CONTRACTOR is found in violation of the nondiscrl.!nation provisions of this agreement or the applica,l:;Ile affirmative action quidelines pertain1nq to this agreement, CONTRACTOR s..l).all be [OlJnd in aaterial breach of this agreement. Thereupon, CITY shall hav~ the power to cancel or suspend this aqreement, in whole or in part, or to deduct froD tr.e amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during Which CONTRACTOR is found to have been in such noncompliance as damages for said breach of contract, or both. 19.. MiBEEMEtrl' CONTAINS AIel. UHDERSTAHoIHGS.. This document represents the e.."tlre and ir:teqrated agreement between CITY and CONTRA~£OR and supersedes all prior neqotiations~ representations, or aqreem.ents either written or oral. This document may be amended only by written instrument, siqned by both CITY and CONTRACTOR. All pr~visions of this agreement are expressly made conditions .. This agreeJIent shall be governed by the laYS of the State of Cal ifornia. IN WITNESS WHEREOP, CITY and CONTRACTOR have executed this agreement the day and year first above written. ATTEST: City Clerk APPROVED AS TO FOlUf: Asst. City Attorney 11 910111 We: 0010269 " . CITY OF PALO ALTO Mayor OCCUPATIONAL HEALTH SERVJl;l!S -t,' p'~; BY:~ ~ "Z~',' "4-,>,<,«,/ Its .. _J __ .,Kg .-' , , • APPROVED; City IIanager DIrector of Human Resources DirectQ~ of Finance Risk Manaqer l2