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
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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
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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
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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
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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
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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
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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
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