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1986-155-Negotiate And Execute A Contract With Personal Performance Consultants For Employee Assistance ServicesRESOLUTION NO. 1986 -155 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH PERSONAL PERFORMANCE CONSULTANTS FOR EMPLOYEE ASSISTANCE SERVICES WHEREAS, the Town of Los Gatos recognizes the need for an Employee Assistance Program; and WHEREAS, the Town has received a proposal from Personal Performance Consultants 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 contract with Personal Performance Consultants for the 1986 -88 fiscal years. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15th day of September 1986, by the following vote: AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, Brent N. Ventura and Mayor Terrence J. Daily NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Eric D. Carlson SIGNED: MAYOR OF THE 1lWN OFOF LOOS ATTEST: DEPUTY F THE TO 4F&0SG­ATOS This Agreement, entered into the 14r day of , 198L, by and between PERSONAL PERFORMANCE CONSULTANTS, INC., herein referred to as "PPC % 11, and TOWN OF LOS GATOS, herein referred to as "LOS GATOS." W I T N E S S E T H: WHEREAS, PPC and Los Gatos have previously, on September 1, 1986, entered into a certain agreement for an Employee Assistance Program (EAP), and, WHEREAS, the instrument reflecting that agreement did not accurately state the agreement between the parties and the parties desire to substitute this Agreement, NOW, THEREFORE, the parties hereto agree to the following as a full statement of their respective responsibilities in connection with the implementation of an Employee Assistance Program during the term of this contract. PROGRAM OBJECTIVES The program objectives of the Employee Assistance Program are as follows: 1. To assist Los Gatos management in demonstrating its concern for the well -being of its personnel by offering a special benefit to employees at a time when they need it most - -when they are struggling to cope with a personal problem. 2. To aid supervision in becoming more effective and efficient by providing a practical mechanism for dealing with employees' personal problems which are affecting performance. 3. To reduce company costs related to the full spectrum of -1- personal problems affecting the attitude, attendance, and general productivity of Los Gatos employees; of special interest will be costs associated with absenteeism, tardiness, job stress, turnover, excessive sick leave benefits, wasted supervisory time, clerical and administrative errors, accidents, and poor decision making. 4. To heighten morale and strengthen the bonds between the executive, the employee, and the organization. 5. To strenghten Los Gatos' existing EAP activity through both expansion and refinement. SCOPE OF SERVICES 6. Based on discussions with Los Gatos' Personnel officials, the program proposed herein is designed to serve approximately 187 Los Gatos employees and their family members in the Los Gatos area. PROGRAM SERVICES WORK PROGRAM DEVELOPMENT 7. PPC will prepare a detailed Work Program outlining all necessary activities, schedules, and responsibilities for implementation of an individually- designed Employee Assistance Program at the Town of Los Gatos. POLICY DEVELOPMENT 8. Working with management, PPC will assist in the development of a company policy regarding alcoholism and other personal problems which affect on- the -job performance. This policy will be closely coordinated with existing personnel policies and disciplinary procedures. After consultation with Personnel officials, recommendations will be made as to the policy and procedural actions required to assure optimal program implementation and the most cost - effective assistance for the troubled employee. PROCEDURE DEVELOPMENT 9. PPC will develop procedures for implementation of the Employee Assistance Program policy which best meets the needs of -2- management and its employees. Specific referral procedures will then be developed for supervisor referrals and self - referrals. SUPERVISOR ORIENTATION AND TRAINING 10. PPC will provide a one and one -half hour to three hour training program for all persons providing supervision as a part of their day -to -day role at the Town of Los Gatos. These sessions will not only acquaint supervisors with the basic workings of the EAP, but will also motivate supervisors to use the "supportive confrontation" technique to heighten their own performance and that of others. EAP Supervisor Training is designed to maximize each participant's skill in using the EAP as a supervisory tool, and to assure a high level of enthusiasm for the EAP throughout the supervisory ranks. On -site sessions will be conducted for groups of 16 -25 participants each. PPC will schedule trainers so as to accommodate supervisors on shift work. SUPERVISOR RESOURCE AND TRAINING MANUALS 11. Professionally designed Supervisor Resource and Training Manuals will be provided to all supervisors attending training. Each supervisor will then have a ready reference regarding program policies, roles, and procedures. ONGOING MANAGEMENT CONSULTATION 12. PPC will provide consultation, as requested, for any supervisor considering the referral of an employee to the Employee Assistance Program. PPC will assist the supervisor in the "supportive confrontation" process as needed. In addition, senior consultants at PPC will provide, upon request, confidential consultation and assistance for any key management officials at the Town of Los Gatos. EMPLOYEE ORIENTATION -3- z 13. After careful coordination with Los Gatos management, PPC will provide orientation sessions to Los Gatos employees. These sessions will focus on ways employees and their family members can access the EAP. EMPLOYEE COMMUNICATIONS PROGRAM 14. To encourage self - referrals and to keep the program fresh in the minds of all personnel, PPC will develop an Employee Communications Program featuring EAP promotional activities deemed appropriate by Los Gatos management. Among the promotion techniques available for selection will be suggested pieces for home mailings to employees, bulletin board displays, spot -check conferences with supervisors, employee handouts, and announcements and articles for general distribution. PPC will work closely with Los Gatos' Communications Department in designing all EAP communications to be consistent with both the needs of employees and the timing of other benefit announcements. PPC will also plan and present to Los Gatos employees 12 hours of workshop and seminars on topics such as Communication Skills and Stress Management. The topics and program design will be mutually agreed upon by PPC and Los Gatos representatives. PPC PERSONAL CONSULTATION SERVICE 15. PPC will provide professional, experienced consultants to make an accurate assessment of each participant's problem and to provide the necessary motivation for the participant to follow a specific plan of action for resolving the problem. (Up to five sessions for each participant and each problem will be available). Consultation will be provided by appointment on both days and evenings. Emergency requests for service will be accorded immediate attention. Access to service will be available through self - referral, supervisor referral, and Medical Department referral. Limits of confidentiality will be established with management through Policy and Procedure Development. These will be fully explained to employees prior to program participation. Consultation will be available at any of PPC's offices in Los -4- Ad Gatos. All offices utilized will meet PPC's high standards of ease of entry /exit, private reception areas, location, parking, and general employee comfort to assure maximum utilization and confidentiality of services. SCREENED AND MONITORED REFERRAL SERVICE 16. For those employees whose personal problems require extended personal counseling or treatment, and for those employees whose personal problems require highly specialized care, PPC will provide referral to screened and monitored treatment resources. Fees for professional services rendered by resources other than PPC will be the responsibility of the employee and /or his or her group medical insurance or other benefit programs as applicable. CASE MANAGEMENT SERVICES 17. For those employees who have been referred to outside resources, PPC will stay in contact with the provider of care and the employee to assure that the employee receives appropriate services. In addition, in the case of a "supervisor- referred" employee, PPC will remain in regular contact with the referring supervisor to assure consistency in management practice and to encourage follow through on the part of the employee. AUXILIARY CONSULTATION SERVICES 18. PPC will be available to provide, upon request of a designated Los Gatos official, special consulting and referral services to Los Gatos employees located outside of the Los Gatos area. These services will be provided on a reduced fee -for- service basis plus expenses, if any. PROGRAM EVALUATION 19. PPC will provide ongoing analysis of program effectiveness. Quarterly Reports to management will include reporting on the number of employees utilizing the program, the types of problems identified, a review of all programming activities for the quarter and suggestions for program reinforcement. All M11 reporting will be done in such a way to assure the confidentiality of PPC services. In addition, every participant will be accorded the opportunity to anonymously evaluate the service received through a Service Evaluation Card provided by PPC during the participant's last visit. All supervisors making referrals will also have an opportunity to anonymously evaluate the effectiveness of the EAP as a supervisory tool. IMPLEMENTATION TIMETABLE 20. The EAP will be fully operational within 60 -90 days of the initiation of development activities. Developmental activities will be initiated on the effective date of this Agreement. 21. (a) Based on a twenty -four month contract period, the annualized professional fee for all services and costs incurred is $7,477. (b) Los Gatos agrees to pay PPC 8 equal installments of $1,869.25 payable on the first day of each contract quarter. 22. PPC assumes no responsibility for the eventual supervision of any employee; such supervision and /or decisions regarding the employee are the ultimate responsibility of Los Gatos. 23. Any information concerning Los Gatos, its products, services, personnel policies, or any other aspect of its business learned by PPC in the course of providing services pursuant to this Agreement shall be held in confidence and not be disclosed by PPC or any person or organization without the prior written consent of Los Gatos. 24. (a) The term of this Agreement shall be for twenty -four months, extending from September 1, 1986, through August 31, 1988, and shall be automatically renewed for successive two -year terms from the anniversary date of this Agreement, unless this Agreement is sooner terminated as provided in paragraph (b) herein. (b) Upon completion of the twenty -first month of the contract period, either party may terminate this Agreement by giving to the other, not less than ninety (90) days written notice thereof, and no further payments will become due and owing after the effective day of termination. 25. This Agreement may be amended at any time by mutual agreement of the parties provided that before any amendment shall be operative, it shall be reduced to writing and signed by Los Gatos and PPC. 26. PPC will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. PPC agrees to comply with all applicable state and federal statutes, Executive Orders and Regulations relating to nondiscrimination in employment. PCC agrees to incorporate herein by reference and comply with where applicable, the Equal Opportunity Clause of Section 202 of Executive Order No. 11246, the Equal Opportunity Clause for Disabled Veterans and Veterans of the Vietnam Era in 41 C.F.R. Section 60- 250.4, the Affirmative Action Clause for Handicapped Workers found in 41 C.F.R. Section 60 -741.4 and Utilization of Minority Business Enterprise Clause found in 41 C.F.R. Section 1- 1310.2 (a) and (b). PPC agrees if required to file annually a form 100 -EEO -1 and to develop if required an Affirmative Action Program and hereby certifies that it will not maintain any facilities it provides for its employees in a segregated manner nor permit its employees to perform their services at any location under its control where segregated facilities are maintained. 27. PPC assumes the risk of liability for and shall indemnify, defend, protect, and save harmless Los Gatos, its officers, agents, and employees from and against any and all claims, damages, liabilities, losses, and expenses (including attorney's fees) for all injury, including death, to any person or persons whomsoever and damages to any property whatsoever due to any negligent or willful act or omission by PPC employees arising out of or in the course of performance of service under this Agreement; provided, however, Los Gatos shall promptly notify PPC of any claim that may give rise to PPC's obligations under this paragraph and, provided further, that PPC shall have the sole discretion to determine the action to be taken to defend against and /or to compromise any such claim. 28. Without limiting the scope or extent of the protection afforded Los Gatos or liabilities assumed by PPC herein, PPC shall -7- obtain and maintain in force for the life of this Agreement liability insurance to cover the liability assumed by PPC under the foregoing agreements of indemnity with limits of liability not less than $1,000,000.00 per occurrence. 29. This instrument constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all other agreements, understandings, statements, or representations, including specifically that certain agreement between PPC and Los Gatos dated September 1, 1986. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day, month, and year first above written. PERSONAL PERFORMANCE CONSULTANTS,INC. Ilia' TOWN OF LOS GATOS By M-IM