1985-0394-Authorizing The Town Manager To Negotiate And Execute A Contract With Human Resource Services, Inc. For The Provision Of An Employee Assistance ProgramRESOLUTION NO. 1985 -94
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE
AND 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 received a proposal from 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 negotiate and execute a con-
tract with Human Resource Services, Inc. for the 1985 -86 fiscal year.
PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS,
CALIFORNIA, at a regular meeting held this 17th day of
June , 1985, by the following vote:
AYES: COUNCILMEMBERS Eric D. Carlson, Terrence J.
Daily, Brent N. Ventura and Mayor Joanne
Benjamin
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS Thomas J. Ferrito
ABSTAIN: COUNCILMEMBERS None
SIGNED: f Y iiE .E- ctZ yyu
"R—Of THE TOWNOS GFOS
ATTEST:
CLERK OF THE TOWN OF LOS GAj s-
G
AGREEMENT FOR THE
PROVISION OF EMPLOYEE
I:SI'ANCE PROGRAM SERVICI':S
This AGREEMENT is made and entered into this first day of July, 1985,
by and between HUMAN RESOURCE SERVICES, INC. (hereinafter "1IRS "), a
California Corporation, and 'TOWN OF LOS GATOS, INC. (hereinafter "LOS
GATOS ") .
WITNESSETH:
For and in consideration of their mutual promises hereinafter set
forth, the parties hereto do hereby agree as follows:
Section I. EAY CCumponents.
Hkg shall provide an Employee Assistance Program (hereinafter
for the assessment, brief problem resolution or referral. of Los Gatos '
e.mptuyees and their dependents experiencing emotional or psychological
difficulties, legal or financial concerns, marital or family discord, or
alcohol or drug abuse. This EAP shall consist of the fo'llow'ing described
services:
A. Administrative /Training Services
1. lilts shall provide a qualified person to serve as liaison w -it.h
Los Gatos in the implementation and on -going management of the EAP.
2. liRS shall, during the term of this Agreement, periodically
consult with Los Catos's Coordinator. The purpose of such con-
sultations shall be to facilitate, establish, publicize, sustain
and review the EAP. In connection with such review, IiRS 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 them in the use of
the EAP.
4. HRS shall, from time to time during the term of this Agree-
ment, engage in telephone consultations with the Los Gatos EAP
Coordinator for problems that require immediate resolution.
S. HRS shall provide the following items to Los Gatos for dis-
tribution to all Los Gatos employees:
a. one EAP information brochure per employee during each
calendar quarter (July - September; October - December;
January - March; April - June.)
b. A wallet -sized card listing both the 24 -hour crisis line
and business phone numbers shall be provided in sufficient
numbers so that two may be distributed to each Los Gatos
employee.
6. HRS shall, during the basic term of this Agreement, provide
twelve (12) hours of seminars and workshops for Lou Gatos employeea
on psychological issues affecting job performance, such as, but
not limited to, stress reduction, alcohol and drug education and
relationship problems. Cost of said seminars and workshops shall
be included in the compensation to 11RS specified In subsection 9
below. Decisions on the type of seminars to be presented will
be mutually reached between HRS and Los Gatos.
7. HRS shall provide a 24 -hour crisis telephone line.
B. HRS shall. provide Los Gatos with data on usage of the program
exclusive of any information which would identify a particular
employee.
9. As compensation for the provision of the services described
in subsections 1 through 8 above., during the term of this Agreement
Los Gatos shall pay HRS $100 per month for administrative services.
Iris
B. Counselling Services Provided to Los Gatos Employees
1. During the term of this Agreement, and any extensions or
renewals thereof, HRS shall provide to Los Gatos employees a
maximum of seven (7) office visits per twelve -month term, per
employee, without charge to the employee, for the purpose of ap-
propriate problem assessment, resolution, and /or referral for
further treatment.
2. In addition to the services described in subsection B.1.
above, HRS shall provide to the eligible dependents of Los Gatos
employees (defined herein as the employee's spouse, and any
children of the employee who reside at home), a maximum of seven
office visits per eligible dependent during the twelve -month term
of the Agreement, for the purpose of appropriate problem assessment,
resolution and /or referral for further treatment. Said office visits
shall be without charge to the employee or eligible dependent;
provided, however, that in no event shall the total number of all
such office visits for eligible dependents exceed fourteen (14) visits
per twelve (12) month term, or twenty -one (21) visits total for
each Los Gatos employee and his /her eligible dependents per twelve (12)
month term.
3. HRS shall include the following in the counseling services:
a. Problem assessment and treatment plan
b. Brief treatment and problem resolution, if appropriate
C. Referral for treatment when appropriate
d. Client confidentiality
4. As compensation for the provision of the services provided in
B.I. through B.3. above, Los Gatos shall pay HRS at the following rates:
a. For the first 200 visits the cost per visit shall be $25.
b. For the second 100 visits the cost per visit shall be $24.
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C. HRS will bill Los Gatos for each month's visits the first
week in the month following the month in which the services
were provided. The bill is due and payable by the 25th of
that month.
5. 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, if, and only if HRS can reasonably accommodate the treat-
ment needs of said employees. Examples of possible treatment needs
which cannot be reasonably accommodated by HRS as provided in this
subsection are psychosis, developmental disorders, mental retardation
and child sexual abuse. The employee may utilize his /her insurance
for this treatment cost.
This subsection shall in no event be construed or interpreted
to require HRS to provide inpatient care for Los Gatos employees.
Los Gatos employees shall be responsible for payment of any charges
or costs for such additional visits, whether by utilization of in-
surance or otherwise.
Section II. Term
The term of this Agreement shall be for 12 months from the effective
date hereof, unless sooner terminated in accordance with Paragraph 5.
Section III. Confidential Relations
1. In no event shall HRS disclose any reports, recommendations, con-
clusions 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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Section IV. IiRS Coordinator
IIRS shall provide a well - qualified person to serve as liaison with the
Town of Los Gatos in the implementation of the 6AP. Bruce Abt, President
of IIRS, Inc., will be available to the Town for problem resolution re
Services of the Agreement and at times the Town deuns necessary.
Section V. Termination
Hither party may terminate this Agreement on 60 days' written notice.
Monies then owing based on work satisfactorily performed shall be paid to HRS.
Section VI. Indemni.ficatlon
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.
Section VTI. 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
Section VIII. Changes
HUMAN RES0URCL' SLRVICT:S (HRS)
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
consent of the Town. No changes or variations of any kind are authorized without
the written consent of the 'Town Manager.
Section IX. Interest of HRS
NRS 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
certifies that no one who has or will have any financial interest in this
Agreement is an officer or employee of the Town.
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Section X. 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' compensation or to undertake self - insurance in accordance with the
provisions of that Code, and HRS certifies that it will comply with such
provisions before commencing performance of this Agreement:, .
Section X1. Inter ration
This document represents the entire and integrated agreement between
the Town and HRS, and supersedes all prior negotiations, representations,
agreements, either written or oral..
Section X1I. 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.
Town Mar g r
By:?. �,
Bruce A. Abt, Ph.D.
President
Human Resource Services
APPROVED AS TO CONTENJ�:
r
Assistant Town Manager
/j/Adlnl� � �ec�)n1
APPROVED AS TO FORM:
t 7,
'own At t, -y
Date
Date
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