HomeMy WebLinkAbout0279.092June 18, 1992
THE HONORABLE CITY COl~lCIL
Palo Alto. California
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£;:of~si9nal Services of __ ~th Resourc!%. Coordinator -Contrfi.;:::t
Repeval
Members of the cQuncil:
Report in Brief
The Police Department has contracted fer professional
provide tor a stress management program since 1981.
recommends rene~al of the Health Resource Coordinator
Background
services to
This report
contract.
The He.alth Resource Coordinator I approved b 1' council in April 1981
as part of the stress management program, has peen successful in
working with police personnel to identify and minimize the
orq~nizationa! sources of stress. Since the program was
implemented, only five officers .hav6 filed stress-related
disability claims; ten claims were filed in the t'Wo years precedin9
the program. Sufficient funding for the program, not to exceed
$38, S87, is included in t'he 1992-93 Police Department tn.ldget.
Contractor
Ellen Kirschman, the C1J.rr.ant Hes.lth Resource Coordinator ~ W'as
selected in June 1983, after competirJg in ar. extensive assessment
process. Her background includes :2 years of experience as a
PSYChotherapist 'With an emphasis on police officers ana their
families. She is a licensed psychologist and is nationally
recognized as an expert on organizational beha ..... ior, especially in
law enforcement. Dr. Kirschman I s continuation in the program is
recommended based upon her nine years of exceptional service with
the Police Department.
The Health Resource Coordinator assists in conflict resolution
between individuals and groups, identifies sources of
organizational stress and consults 'With \.'ork units and indil,,"idual
managers ~o resolve issues. Dr. Kirschman also educates police
personnel in stress reduction/health enhancement techniques.
CMR:279:92
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Additi~nallYf she desig~s and facilitates aepartment te~m-building
and prohlem-solving meetings, and maintains a libr~ry of health
related materials for· use by all employees ..
statf recommends that the council authorize the Mayor to execute a~
,~gre.ement with Dr. Kirschman to provide professional services as
Health Resource coordinator. Funds, nat to exceed S3S.587 for this
co~tract, are incluc€d in the police Department's 1992-9) budget.
Attact-..ment: Contract Amendment
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( ~FLE"nIlG PI
I A~istant City Mana~-r J V "'C/
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~ G B 2 E MIN T
BEZWEEN THE CITY CP p~ ALTO
A!Ill ELLEN It! RB CHHAN
THIS AGREEMENT is mad~ and entered ir.to this ______ day of
I .199.2, by and belween the CITY OF PALO .a.LTO, -a mu.'1icipal
corporation of Cal ifornia; hereinafte.r referred to as "CITi. If and
ELLEN KIRSC~~ (Taxpayer Identification Number Ill-JO-1S94), an
Independent Health Resource Coordinatcr ~ith offices at 3978 Lyman
Road, oa~land, California 94602, hereinafter referred to as
.. CONTRACTOR" ;
WHEREAS, CITY desires certain services in conjunct.ion
with its Pol iCI!! Str'get Management Program; ai1.d
WHEREAS, CITY desires to engag€ CONTRACTOR to provlde
these services by reason ct its qualifications a~d experience for
performing such services, and CONTRACTOR has offered to provide the
required services on the terms and in the manner set forth he~ein;
NOW, THEREFORE, in consideration of their mutual
covenants, the parties hereto agree as follo~s:
SECTION J -DEFINITIONS
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The term ·CITyn as used in this Agreement shall mean the
City of Palo Alto, a municipal corporation and body politic
organized and existing under the laws of the state of California~
The ter!l'l "City Manager rr shall mean the duly appointed
City Manager of the City of Palo Alto, California, or his
designated representative.
1.J City Attorney
The term ~City Attorneyn shall mean the duly appointed
City Attorney of the city of Palo Alto, california, or his
designated representative.
1.4 city Clerk.
The term ~city Clerk" shall mean the duly appointed City
Clerk of the City of Palo .... lto, California, or her design21ted
representative~
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1.5 'Droject
The terc ~ProjectN ~eans the services described in
Exhibit "A" e.ntitled "Scope of Project~ attacl".ed he:.:eto and ]l.)de a
part hereof.
~ON 2 -PKQJE<;:T COORDniATION
2.1 ~
The city ManCl.ger shall be rep::.:-esl2ntativ=. of CITY for all
purposes under this Agreemt::nt. Lt. John Fo.ster is designated as
the PROJECT MANAGER for the City Manager and shall supervise the
progress and execution of this Agreement.
2.2 contractor
The services under this agr€ement are per50~al
services to be provided solely by Ellen Rirschman and shall not be
delegated to or per!o~ed by any other person.
SECTION 3 -DUTIES OF cONTRACrqg
3.1 Servjces to be Fl.Jr~
CONTRACTOR shall provide all specified services as
set forth in Exhibit "A~ attached hereto and made a part hareo!.
3.2 LaWS to be Observed
CONTRACTOR shall:
3.2.1 Procure all pernits and licenses, pay all
charges and fees~ and give all notices which Il'.dY be necessary and
incident to the due and lawful prosecution of the services to be
performed by CO~CTOR under this Agr=ement;
3.2.2 Stay fully infermed of all exi6ting and
future federal, state, and local laws, ordinar.ces, regulations,
orders, and decrees .. hich may affect the perfol"1l1ance of the
services under this Agreement;
3.2. J At all times observe and cOrl'.ply with all
of said laws, ordinances, regulations I orders and del:-rees mentioned
above; and
3.2 .. 4 Immediately report to the PROJECT MANAGER
in writing any discrepc..rlcy or jnconsistenc}' in said laws, ordinanc
es, regulations, orders, and decrees mentioned above in relation to
any provisions of this Agreement.
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3.3 Release of Reports ard Infon~ation
Any reports, info~aticn, data or other material given
to, or prepared ~r assembled by, CO~.CTOR under this Agreement
shall be the property of CITY and shall not be made available to
any individu~l .or organization by CONTRACTOR ... ithout the prior
w~itten approval of ~~e City Manager.
For the performance of the services described herein b:r'
CON'IRACTOR, CITY shall pay CONTRACTOR tt~e sum of Three Thousand Twc
Hundred sixteen Dollars ($3,216.00) per month, payable upon
submission by COh~CTOR of itemized billings in triplicate;
provided, however, that the total sum payable to CONTRACTOR shall
no~ exceed Thirty-Eight Thousand Five Hundred Eighty-SeVen Dollars
($38.587.00) •
CIT¥ shall provide all specified services and facilities
as set forth below:
(a) Coordination and sch~duling by the PROJECT COORDI
NATOR of all, arrangements for stress management
services -which CITY requires to be performed by
CONTRACTOR.
(b) O£fice space within the Police Department I if
available, or in other CIT,{ facilities, at all
times when services are required to be performed by
CONTRACTOR.
(c) Secretarial and other logistical support as needed.
SECTION 6 -TERM
The services to be performed hereunder shall commence on
July 1., 1992, and shall extend through and including June 30, 1993.
~ION 7 -TEMPORARY SUSPENSION
The city Manager shall h~ve the authority to suspend this
Agreement, wholly or in part, for any period as he deems necessal')~ ~
SECTION 8 -TERMINATION OF ~GRE~~NT
S.l Right. to_nTerwinate
The City Manager may terminate this Agreement for any
reason by giving 'Written notice to CONTRACTOR. Upon receipt of
such notice, CONTRACTOR shall immediately discontinue performance
under this Agreement.
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CONTRAC'IOR lllay terminate this Agreement or suspend ,",ork
on the Proj ect upon thirty (J 0) days ""or i tten notice to CI'!'Y.
Upon such suspension or termination by CITY, CONTR~CTOR
shall be paid for all services actually rendered to CITY to the
date of such suspension or termination; provided, hor..·ever, if this
Agreement. is suspended c,r terminated for fault of CONTRACTOP.. C.ITY
shall be obligated to compensate CONTRACTOR only for that portion
of CONTRACTOR's services which are of benefit to CITY.
8.3 Return of Mat __ ~ __ rials
Upon such suspension or termination, CONTRACTOR shall
turn over to the ci~y Manager immediately any and all copies of
reports or other data I 'Whe'ther or not completed, prepared by
CONTRACTOR or giv~n to CO~TRACTOR in connection ~ith this Agree
ment~ Such ZIl,aterials shall become tr.e permanel"'.t property of CITY.
CONTRACTOR, however; shall not be 1 iable for CITy 1 s use of
incomplete materials or fer CITY's use of complete documents if
used for other than the project contemplated by this Agreement.
SECTION 9 -ASSIG~~ENT
Bo~~ parties shall give their personal attention to the
faithful performance of this "'.greement and shall not assign,
traJ''l;sfer, convey& or otherwise o.ispose of this Agreement or any
right, title or interest in or to the same or any part thereof
wi.thout the prior written consent cf the other party, and then only
subj ect to such terms and condi tions as the other party may
require. A consent to one assignment shall not be deemed to be a
conse.nt to a~y subsequent aS3igrunents. Any assiglUD.ent without such
approval shall be void and, at the option of the other party, shall
tenninate this Agreement and any 1 icense or privilege g4."anted.
herein. This Agreement and .any inter.est herein shall not be
assignable by operation of law ~ithout the pcio= ~rittEn consent of
the other party~
SECTION 10 -NOTICE~
All notices to hereunder shall be given in ~riting and
mailed, postage prepaid, by certified mail, addressed as follow.s::
To CITY': Office of the City Clerk
250 Hamilton Avenue
Palo i\l to, CA 94303
To CONTRACTOR~ Ellen KirEchman at the address of CON
TRACTOR recited above.
SECTION 11 -INTEREST OF CONTRACTOR
In accepting this Agreement, CONTRACTOR covenants that
she presently has no i.nterest, and shal'l not acquire any interest,
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direct cr indirect, financi!;l or cthel';"llw'ise, 'Which ~ould conflict in
any manner or degrE':e with the performancE: of the services here
under. CONTRACTOR further ccvenants that, in the perfo~ance of
this Agreement, no person having s~ch an inte~est shall he
employed~ CONTRACTOR certifies that no one who has or vill have
any financial interest under this Agreement is an officer or
eruployee of C!TY. It is ~~ressly ~9reed that in the perform~nce
of the professional services required under this Agree~ent
CONTRkCTOR, and any e!l\ployees, shall at all t.im.es b-e considered
independent contractors and not agents or employees of CITY.
~IOM 12 -INDEMNITY
CONTRACTOR agrees to indemnify, defend and hold harmless
CITY# its officers, agents and employees from any and all demands,
claims, or liability of any natur-e, including death or inj'Jry to
any person, property damage or any other loss, caused by or arising
out of CONTRACTOR's, its off~cers', agents', subcontractors' or
employees' negligent ~cts, errors, or omissions, cr willful
misconduct, O~ conduct for ~hich the lav imposes strict liability
on COl-lTRA..:TOR in toe pertor1l1ar.ce or failure to perform this
Agreercent~
SECTION 13 -~QRKERSI COMPE~SAT!CN
CONTRA~OR, by execu~ing this Agreement, certifies that
she is aware of the provisions of the Labor Code of the State of
California which require every employer to be insured against
liability tor workers' compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
she will co~ply with such provisions before commencing the perform
ance of the work of this Agreement,
~lPN 14 -INSURANCE
CONTRACTOR, at her sole cost and ~xpense, shall obtain
and maintain in full ferce and effect thruughcut the entire term of
this Aqreement p.cofessional errors and omissions insu:Lance -""ith
respect to activities and services perfor1:led by CON'rRACTOR for or
on behalf of CITY under the provisions of this Agreement. Tne city
of Palo Alto, its officer~ agen~s, and employees shall be endorsed
as additional insured under this insurance coveroge.
Certificates of such insu~ance shall be filed wiLh CITyrs
PRo.:tECT MANAGER concurrently with the execution of this Agreement
or, with CITY's PROJECT MANAGER'S approval, within ten (10) working
days thereafter.
SECTrmJ 15 -AUDITS
CONTRACTOR agrees to permit CITY to audit, at any
reasonable time during the term of tnis Agreement and for three (3)
years thereafter, CONTRACTOR's records pertaining to matters
covered by this Agreel'llent other tr.an records the disclosure of
which is prohibited under the psycho~h~rapist/patient privilege
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pursuant to California Evidence Code or Principle 5 of the. American
Psychological Association I s Ethical standards concerning Privacy
and Contidentiali ty ~ CONTRACl'OR further agrees to maintain all
records p.ntaining to matters covered by this AgI'"eement for at
least three (J) years aft,er the term of this Agreement.
SECTION 16 -AGREEMENT BIND.Ilffi
The terms, covenants, ana conditions ot this Agreement
shall apply to, and shall bind, the heirs, successors, executors I
administrators I assigns, a~d subcontractors of both parties.
SECTION 17 -_ wAr ... ·ER~
The ~aiver by either party of any breach or violation of
any tenn, ccvenant l or condition of this Agreement or of any
provision, ordinance l Or 1a",' shall not b..;! de.emed to be a waiver of
any other term j 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 6ubsequ~nt acceptance
by either party of any fee 'Or other money which may become due
hsreunder shall not be cleemed to be a 'Waiver of any preceding
breach or violation by the other pal~y of any term l covenant, or
condition 'Of this Agreement or of any a~plicable law ~= or~inance.
SECTION 18 -COSTS AND ATTORN'E¥_~' __ f~~
Th~ prevailir.g party in ar.y action brought to enforce the
terms of this Agre.ement or arising out 'Of this Agreement Iaay
recover its reasonabl~ costs and attorney fees expended in
connection with such an action from the other party.
SECTION 19 -NO IMPLIED WAIVER
No payment, partial payment, acceptance, or partial
acceptance by CITY shall operate as a waiver on the part of CITY of
any of its rights under this Agreernen~.
SECTION 20 m'-NONDISCRUHNATIONj PENALTY
20.1 DUTY OF CONTRi\CTQB
No discrimination shall be made in the employment of
pe't'sons under this Agreement because of the race l coler, nat,icnal
origin, ancestry, religion or sex of such person. If the value of
this Agreement is, or may be, Five Thousand Dollars (S5 /OOO) or
more, CONTRACTOR aqree~ to met all requirements of the Palo Alto
Munioipal Code pertaining to nondiscrimination in employment,
including c'Ompleting the "Compliance Report--Nondiscrimination
Provisions of city of Palo Alto Contracts" on the form furnished by
CITY Qnd attached hereto as Exhibit ~Dn and made a part hereof by
this reference~
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20.2 PENALTY FOR pISCRTMINAT!O~
If CONTP..ACTOR is found in violation of the nondiscrb:dna:
tion provisions of the St.ate 0'.( Cal ifornia Fair Employment
Practices Act or simila~ provisions of federal law or executive
order in th~ perfo~ance of this Agreement, it shall thereby be
found in material breach of this Agreement~ Thereupon, CITY shall
hav& the power to cancel or suspend this Agreement, in ~hole or in
part, or to deduct from the amount payable to CONTRACTOR the sum of
TWentY-Five Dollars ($25) for each p--er:son for each calendar day
during which such person ~as discriminated against~ as damages for
said breach of contract, or both. Only a finding of the State of
California Fair EmploYEent Practices Commission or t,he equivalent
federal agency O~ ottice~ shall constitute evidence of a violation
of c~ntract under this section.
If CONTRACTOR is found in violation of the nondis
crimination provisions of this Agreement or the applica~le
affirmative action guidelines pertaining to this Agreement,
CONTRACTOR shall be found in material breach of this Agreement.
Thereupon, CrTi' shz:ll have the power to cancel or suspend this
Agreement, in whole or in part, 'Or to deduct. frolr. the amount
payable to CO~~RACTOR the sum of Two Hundred Fifty Dollars ($25D)
for each calenaar day during which CONTRACTOR is found to have been
in such noncomplia:'lce as damages for said breach of cont,ract, or
both..
SECTION 21 -AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents th~ entire and integrated
agreement between CIT'i and CONTRACTOR and s>.lpersedes all prior
negotiations, representations, and agreements, either written or
oral. This document may be amended only by wri tt,en instrument,
signed by both CITY and CO~~RACTOR.
S €CTI mJ . ...li -GOVERNING lAW
This Agreement shall be governed by the laws o~ the state
of California.
ATTEST: CITY OF PALO ALTO
city Clerk
APPROVED AS TO FO~H:
Sr. Assistant city Attorney---
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APPROVED,
Assistant-City Manager-
Director of Finance
APPROVED AS '1'0 CONTENT:
Pol ice Depa:t:tment
Attachments.:
EXHIBIT "'A":
EXHIBIT "Btt:
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CONTRACTOR
EU..EN KIRSCHMAN
Taxpayer Identifica~ion No~
111-30-1884
SCOPE OF PROJECT
NONDISCR1MI~ATION COMPLI~~CE FORM
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3.
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Provide counseling, critical incident. debriefing and referrals
for individ'J.als experiencing high stress.
provide conflict resohltion for individuals and g!'oups.
Identify sources of organi:za:t.icnal stress and consult with
~ork units and individual managers to resolve them.
Monitor management decisions -.'ith regard to t.heir stress
impact, search for i~ple.!'!',entation methods w-hich 1!iinimize the
stressful impact, and advise manag'ement staff.
Train Fro's, supervisors, and managers in co~~unicatio~,
problem solving, conl=lict resolution. and supervisory skills
Which can minimize stress for subordinates.
6. Counsel individual managers on stress producing practices and
events within their units~
7. Educate all PAPD personnel in the range of stress reduction/
health enhancement techniques available in the Palo Alto area,
and encourage their use.
a. Design -and facilitate team building and problem solving
meetings for managers and their work units.
9. Counsel new officers and FTO staff regarding ways to minimize
st=ess and optimize learning.
10. Provide consultation to the peer
speCial events or workshops
organizational health.
support program and sponsor
related to personal and
11. Assist in proqra-rn evaluation as it relates to personal and
organizational health and employee retent,ion.
12. Maintain a health related bulletin board and a library of
heal~h related materials available for use by all employees.
1.3. Provide career counseling and life assessment guidance for
individuals.
14. Prepare a monthly activi~y report.
15. Dave-lop an objective, measu.rable lllethod to evaluate the HRC
progralll..
16. Provide 772 hours of consulting services per cu.rrent contract
year. See specific schedule to be approved by the project
ManiSiger.
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Exhibit B
PART"· SUPPLEMENTS TO PROPOSAL FORMS SECTION 00410
CERTIFICATION OF NON-DISCRIMINATION
Citrti6catjpn qt Nqn-disclimlnatjao: As suppliers of goods or services to the City of
Palo Alto, the firm and indivlduats listed bero ...... certifies that they do not discriminate
in: 6mployrn~nt witt, regards to race~ reHgion~ c:re~d or nationaf orlgrn; that they are In
compliance with 611 Federai, State an.d kx:af directives and executive orders re-garding
non-discrimination in employment; and tl'lat they agree to derr:onstrate positively and
eggresslvety th9 prfncfpTe of equal opportunity in employment.
The Proposer agrees specifically:
1.0 To estabfrsh or ·ob!erve employment po!lcies which affirmatively promote
opportunities for minority persons at all job levels.
2.0 To communicate this poncy to all persons concerned, Including all
company employee" outside ree ",iting services, esp ecla lIy those se rvln g
minority communities, aruj to the minority communities at fatge.
3.0 To take sffiimatilJe steps to hire mirtority emp:oyees whhin the
organ lzation.
4.0 To be knowledgeable of the local, state, and federal laws and regulations
concerning affirmative action policies and provide opportunities for
employees.
Form: ____ -,.,.-___ rr-___ _
Please Include any additional irlformation avanable regarding equal opportunity
employment programs now In effect within your company.
(Please attach additional pages if necessary I
END OF SECTION
CITY 01 PALO ALTO: NOr\--d"l.SeriminatlQ.n j1192J S[ClION 00410-1
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NATJONAL'""\JN FIRE iNSUAANCE CO. OFPmS8LIP--' FA _ .......... ' ,. .
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',fE THt: ~Ecw. P'RC\.'i3K)H "'SC;XU).L MISCONDUCT" tN THE ~0UC'r)
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I i l 1.(0) NAME AND 'l)ORE$S OF INSURE";
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_ ITEM 1.{b) ADOITlONAL NAMED INSUREDS,
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ELLEN F. i<I~SCHI1I.N. PH.D
3978 LYHAN ROAD
OAKLAND. CA 94602
$_1_, O_OO_'~O_O_O ____ .~~G~GATe
DEDUCTIBLE .$ NDN E EAC}t WRON GF lJl AC r OR SERlES Of CONTINUOUS. REPEATED
_____ -'-__ OR tNT!;RP,ELA rED WRONGFUL ACTS 0 R OCcuAAENCE ----------------------------••
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PREMIUM SCHED<JlEo
CtAsSI FICA TIO N
PSYCHOLOGISTS
ADDITIONAL INSUREDS
NU\48ER
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