1984-094-Authorizing The Town Manager To Execute A Contract With Human Resource Services, Inc. For The Provision Of An Employee Assistance ProgramRESOLUTION NO. 1984 -94
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE
A CONTRACT WITH HUMAN RESOURCE SERVICES, INC. FOR
THE PROVISION OF AN EMPLOYEE ASSISTANCE PROGRAM.
WHEREAS, the Town of Los Gatos recognizes the need for an Employee
Assistance Program; and
WHEREAS, the Town has negotiated with Human Resource Services, Inc.
to provide such a program;
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Los Gatos authorize and direct the Town Manager to execute a contract
with Human Resource Services, Inc. for the 1984 -85 fiscal year.
PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS,
CALIFORNIA, at a regular meeting held this 18th day of
1984, by the following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D.
Carlson, Terrence J. Daily, Brent N.
Ventura and Mayor Thomas J. Ferrito
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
SIGNED:
MAYOR OF THE N OF-LDS GATOS
ATTEST: -'
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CLERK 0 THE TOWN OF LOS GA
ivvvN rLERK
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AGREEMENT
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This Agreement is effective as of July 1, 1984, between HUMAN RESOURCE SER-
VICES of Sunnyvale ( "HRS ") and the TOM OF LOS GATOS ( "Los Gatos ").
The parties hereby agree as follows:
A. Services
IiRS shall perform the services set forth in this Paragraph ( "the Service ")
with the overall goals of sustaining the emotional well -being of Los Gatos
employees and their dependents, and assisting Los Gates management in develop-
ing skills necessary to identify and resolve work performance issues. In
pursuit of these goals, the Services contemplated in the establishment of an
Employee Assistance Program (EAP) which would include problem assessment,
treatment, resolution, and referral, when treatment cannot as effectively be
accomplished by HRS, for further treatment if necessary of Los Gatos employees
and their dependents for emotional difficulties, marital or family discord,
or alcohol or drug abuse. The Services are as follows:
1. HRS shall promptly meet with various Los Gatos personnel to fully assess
the specific needs of Los Gatos in continuing an EAP.
2. HRS shall, during the term of this agreement, periodically consult with
a Los Gatos Coordinator. The purpose of such consultations shall be to
facilitate, establish, publicize, sustain and review the EAP. In conneo-
tion with such review, HRS shall provide quarterly reports to the Los
Gatos EAP Coordinator indicating program utilization statistics.
3. HRS shall conduct on -site training sessions with Los Gatos management
personnel to educate and train then in the use of the EAP, and in the
development of skills necessary to identify work performance issues,
and how to refer troubled Los Gatos employees to the EAP.
4. HRS shall, from time to time during the term of this Agreement, engage
in telephone consultations with the Los Gatos EAP Coordinator for problems
that require immediate resolution.
5. HRS shall provide a general orientation session for all Town employees
and shall distribute to all employees EAP information brochures, and
provide a wallet -size card listing both the 24 -hour crisis line and bus-
iness phone numbers.
6. HRS shall, during the term of this Agreement, provide twelve (12) hours
of seminars and workshops for Los Gatos employees on issues affecting
job performance, such as, but not limited to, stress reduction, alcohol
and drug education, relationship problems and developing management skills.
Cost of the twelve (12) hours of seminars and workshops shall be included
in the compensation specified in Paragraph C. Decisions on the type of
seminars to be presented will be mutually reached between HRS and Town
of Los Gatos. Additional seminar hours may be purchased by Los Gatos at
the rate of One Hundred Twenty -Five Dollars per hour ($125.00).
7. During the term of this Agreement, HRS shall provide, at its offices,
fran one to seven office visits per year for each Town of Los Gatos
employee. In addition, each denendent will have from one to seven
visits per year. The total for the employee and his (her) family will
not exceed 21 visits per year. These appointments shall be without
charge to the employee /dependent client, and shall include appropriate
problem assessment, resolution and /or referral for further treatment.
If more than seven (7) visits per employee or dependent are required,
the cost of additional visits will be at the rate of $45 per visit.
The employee may utilize his/her insurance for this treatment cost.
HISS shall include the following in each problan assessment.
a. Brief focal treatment and specific problem resolution;
b. Client confidentiality;
c. Data acquisition and reporting, exclusive of any information that
would identify a particular employee.
8. HRS shall orovide a 24 -hour crisis line.
9. HRS shall provide Services as outlined in Section A in a site located
in the Town of Los Gatos, if it is so requested by a Tpwn employee.
10. HRS shall make a Spanish- speaking therapist available if requested by
a Town employee, and HRS determines doing ,so is in the best professional
interest of the employee.
B. Terns
The term of this agreement shall be for 12 months from the effective date
hereof, unless sooner terminated in accordance with Paragraph
C. Canpensation
The fee charged by HRS for performing the Services hereunder shall be $2.78
per employee per month, to be billed on a quarterly basis.
D. Confidential Relationships
1. In no event shall HRS disclose any reports, recamrendations, conclusions
or other results of the Services or the existence or the subject matter
of this Agreement to any third party without the prior written consent
of the Town of Los Gatos.
2. In its performance of the Services hereunder, HRS shall comply with all
legal obligations it may now or hereafter have respecting the information
or other property of any other person, firm or corporation.
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E. IRS Coordinator
HRS shall provide a well - qualified person to serve as liaison with the Town
of Los Gatos in the implementation of the EAP. Bruce Abt, President of
HRS, Inc., will be available to the Town for problem resolution re Services
of the Agreement and at times the Town deems necessary.
F. Termination
Either party may terminate this Agreement on 60 days' written notice. Monies
then owing based on work satisfactorily performed shall be paid to HRS.
G. Indemnification
HRS Shall indemnify, defend and hold harmless Town, and its officers, agents
and employees, from any and all demands, claims, or liability of any nature
or arising out of performance of this Agreement.
H. Notices
All written notices under this Agreement shall be sent to the parties at the
following addresses:
Town of Los Gatos
Nadine Levin
Assistant Town Manager
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
I • Changes
Human Resource Services •(IRS)
Bruce Abt, Ph.D.
Human Resource Services
877 West Fremont Avenue, Suite K -5
Sunnyvale, CA 94087
This Agreement shall not be assigned or transferred without the written con-
sent of the Town. No changes or variations of any kind are authorized without
the written consent of the Tbwn Manager.
J. Interest of HRS
HRS is not an employee of the Town, but an independent contractor, and is not
authorized to bind the Town to any contracts or other obligations. HRS certi-
fies that no one who has or will have any financial interest in this Agreement
is an officer or employee of the Town.
K. Workers' Compensation
HRS certifies that it is aware of the provisions of the California Labor Code
which require every employer to be insured against liability for workers'
canpensation or to undertake self- insurance in accordance with the provisions
of that Code, and HRS certifies that it will comply with such provisions before
cammesmcing performance of this Agreement.
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L. Integration
This docenent represents the entire and integrated agreement between the
Town and HRS, and supersedes all prior negotiations, representations, agree-
ments, either written or oral.
M. Disputes
In any dispute over any aspect of this Agreement, the prevailing party shall
be entitled to reasonable attorney's fees, as well as all reasonable costs
(not limited to those allowed by statute).
In witness where, the parties have executed this Agreement on the date set
forth above.
By:
Town Mang
By: ULA-1-
Bruce A. Abt, Ph.D.
President
Human Resource Services
Assistant Town Manager
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Date
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Date