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HomeMy WebLinkAboutCC RESO 16,204RESOLUTION NO. 16,204 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT BETWEEN THE CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION CONCERNING AN EMPLOYEE ASSISTANCE PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PROVIDE THISSERVICE H. GROSSMAN, PH.D., INC. T WHEREAS, the City has met and conferred with representa- tives of the National City Police Officers' Association concerning an Employee Assistance Program; and WHEREAS, said meet and confer was conducted pursuant to California Government Code §3500, et seq.; and WHEREAS, it has been determined that the objectives of this program can best be accomplished under current circumstances by Ira H. Grossman, Ph.D., Inc. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The City Manager is hereby authorized to enter into an agreement between the City of National City and the City of National City Police Officers' Association concerning an Employee Assistance Program for the period April 1, 1990 through June 30, 1991. SECTION 2. The City Council of the City of National City hereby awards a contract for an Employee Assistance Program to: IRA H. GROSSMAN, PH.D., INC. SECTION 3. The City Manager is hereby authorized to execute on behalf of the City, an agreement between Ira H. Grossman, Ph.D., Inc., and the City of National City to perform this service consistent with the request for proposals published by the City. A copy of the Request for Proposal is on file in the Office of the City Clerk. PASSED and ADOPTED this 27th day of March, 1990. ATTEST: Lor(YU (LJ11 � Anne Peoples, C§.ty Clerk APPROVED AS TO FORM: AN vJ George H. Eiser, III City Attorney George H. Waters, Mayor AGREEMENT FOR EMPLOYEE ASSISTANCE PROGRAM 1 This Agreement, dated this second day of April, 1990 by and between the City of 2 National City (hereinafter referred to as "Sponsor") and Ira Grossman, Ph.D., 3 Inc., a California Psychological Corporation (hereinafter referred to as 4 "Contractor). 5 6 RECITALS 7 Contractor operates a Psychological Corporation that provides counseling services 8 to individuals with various personal, medical -behavioral problems. The principal 9 in the corporation, Ira Grossman, Ph.D. is licensed by the Psychology Examining 10 Committee, Board of Medical Quality Assurance, State of California as a 11 Psychologist, License number PSY 5618. The Sponsor wishes to make the Program 12 available to subscribers and dependents. Now, therefore, the parties mutually 13 agree as follows: 14 15 I. DEFINITIONS 16 For purposes of this agreement and any other document executed or provided 17 in connection with this Agreement, the following terms shall have meanings given 18 them in this Section unless the context requires otherwise: 19 A. Employee Assistance Program (hereinafter referred to as the "Program"): 20 An organized procedure for the provision of assistance and counseling to persons 21 experiencing personal, medical -behavioral problems related to family conflict, 22 drug or alcohol abuse, stress, marital discord, finances, and other matters, and 23 for the provision of training, consultation and other management services 24 relating to the effective utilization of the Program by Sponsors. 25 2 1 B. Employee Assistance Program Services (hereinafter referred to as 2 "Program Services"): All procedures or activities that utilize psychological 3 principles and methods for the assessment, understanding, prevention, diagnosis, 4 referral, treatment and/or case management of personal, medical -behavioral 5 problems in adults, children, couples and families. Such procedures or 6 activities may include individual or group counseling, marriage, divorce, and 7 family counseling, behavior therapy, psychotherapy, stress reduction services, 8 career counseling, parenting skill training, conflict resolution, grief and loss 9 counseling, as utilized by a professional for the purpose of assisting persons 10 to cope with and/or resolve their personal, medical -behavioral problems, that are 11 provided pursuant to this Agreement. 12 C. Provider: Ira Grossman, Ph.D. a licensed psychologist, will primarily 13 deliver program services to persons in need thereof. 14 D. Panel Provider: Any California licensed mental health professional who 15 has an agreement with Contractor to deliver Program Services to Enrollees. 16 E. Non -Panel provider: Any Provider who does not have an agreement on file 17 with the Contractor to deliver Program Services to Enrollees. 18 F. Subscriber: An individual in one of the following classifications: 19 Animal Control officer, police dispatcher matron, police recruit, police officer, 20 senior police officer, sergeant or lieutenant of the National City Police 21 Department shall be eligible for participation in the Program. 22 G. Enrollee: An individual who is enrolled in the Contractor's Employee's 23 Assistance Program plan, either as a subscriber or as the dependent of a 24 subscriber, and is the recipient of services from the plan as defined herein. 25 H. DEPENDENT: The lawful spouse and unmarried dependent children of an 26 eligible individual for participation in the Program pursuant to an agreement 3 1 between Sponsor and Contractor who are either 18 years of age or less, or 22 2 years of age or less if full-time students or qualified as a dependent for 3 federal income tax purposes, or over the age of 19 and are incapable of self- 4 sustaining employment by reason of mental retardation or physical handicap. The 5 term "children" as used herein includes step -children, adopted children, foster 6 children, and natural children, provided such children are dependent upon the 7 eligible individual for support and maintenance. Children of an eligible 8 individual are not considered dependents if they are in the military service. 9 I. Individual Private Session: A forty-five (45) minute counseling session 10 with a Panel provider for one or more Enrollees from one Family Unit. 11 J. Group Counseling Session: A counseling session with a Panel provider 12 for Enrollees from two or more Family Units. 13 K. Family Unit: An eligible individual, together with that individual's 14 dependents, if any. 15 L. Sponsor: A person or entity which has an Agreement for Employee 16 Assistance Program Services with the Contractor and which makes payment to 17 Contractor so that individuals with a specified relationship to Sponsor are 18 eligible to receive Program Services and that such person or entity can 19 participate in the Program. 20 21 II. PRINCIPAL BENEFITS AND COVERAGE 22 A. General. Contractor shall provide to Enrollees the benefits described 23 in Sections IV (D) and (E) of this agreement. 24 B. Choice of Providers. The choice of the panel Provider who will provide 25 Program Services to an Enrollee shall be made by Contractor. 26 4 1 C. Utilization of Program Services. To obtain Program Services, an 2 Enrollee should call (619) 560-0900 directly. Service hours are: 3 Emergency services: 24 hours per day, 7 days per week 4 Non -Emergency services: 8:00 A.M. - 7:00 P.M., Monday through Friday 5 All services will be utilized in San Diego County. Out of County services are 6 not covered under the terms of this agreement, except by telephone. 7 D. Disputes and Complaints. In the event any dispute arises under this 8 agreement, an Enrollee who is a party to such dispute should contact the 9 Contractor directly. The Contractor shall attempt to resolve all disputes within 10 two weeks. Any complaint not satisfactorily resolved shall be subject to 11 Arbitration through the Judicial Arbitration and Mediation Services (JAMS). The 12 complaining party, (complainor) shall be responsible for the arrangements and all 13 preliminary costs for the arbitration services. The prevailing party shall be 14 awarded any costs, including but not limited to witness fees, reporter fees, 15 document fees, etc. The Contractor will continue to provide services during the 16 pendency of any dispute. Arbitration, as provided for herein, shall be the sole 17 method and forum for solving all disputes and complaints. 18 E. Effectiveness of Coverage. Coverage for services under this Agreement 19 becomes effective for an enrollee immediately after (1)this Agreement is executed 20 by Contractor and Sponsor and (2)Subscriber has the relationship with Sponsor 21 that makes him or her eligible for Program Services as set forth in Section I. 22 (F.) of this Agreement. 23 24 III. LIMITATIONS, EXCEPTIONS AND EXCLUSIONS 25 A (1) Choice of Physicians and Providers. Enrollees must obtain Program 26 services only from Panel providers if Contractor is to pay for such services. 5 1 A (2) Liability of Subscriber or Enrollee for Payment. If an Enrollee 2 chooses to receive Program Services from a Provider who is not a Panel Provider, 3 Contractor has no obligation or responsibility to compensate or reimburse such 4 Non -panel Provider or the Enrollee for any service rendered to such Enrollee, and 5 Enrollee has the responsibility for paying such Non -Panel Provider. Therefore, 6 Contractor will not pay Non -Panel Providers for services rendered to Enrollees, 7 and Enrollees may be liable to the Non -Panel Provider for the cost of services. 8 B. Costs to Enrollees for Additional Sessions. If an Enrollee elects to 9 receive counseling sessions in addition to the sessions per contract period 10 specified in Section IV (D) of this Agreement, the Enrollee is responsible for 11 paying the costs of such sessions. Contractor has no obligation to pay for such 12 additional sessions. 13 C. Charges to Enrollees for Broken Appointments. The Contractor may deem 14 an Enrollee to have received one of the counseling sessions that is to be 15 provided pursuant to this Agreement if any appointment made by such Enrollee with 16 a Panel Provider was not kept, except in those cases where: (a) the Panel 17 Provider is notified at least 24 hours in advance of the appointment that it will 18 not be kept; or (b) the appointment is missed because of an emergency or 19 circumstance beyond the control of the Enrollee and the Enrollee is unable to 20 give the Provider 24 hours advance notice of cancellation. 21 D. Exclusions. Contractor has no obligation under this Agreement to 22 provide any of the following services: 23 1. Treatment for mental retardation. An Enrollee shall be considered 24 mentally retarded if he or she is determined by a qualified professional to have 25 an IQ of 70 or below as measured by the Wechsler scales. 26 6 1 2. Treatment for autistic children or children with pervasive 2 developmental disorder. An Enrollee shall be considered autistic or as suffering 3 from pervasive developmental disorder if a qualified professional (clinical 4 psychologist or psychiatrist) diagnoses him or her as having either disorder as 5 defined by the latest edition of the Diagnostic and Statistical Manual of the 6 American Psychiatric Association. 7 3. Inpatient counseling; this category includes any counseling while 8 Enrollee is admitted as a patient in a general acute care or psychiatric hospital 9 or other licensed health care facility. 10 4. Physical or medical treatment for medical, organic, endocrine, 11 metabolic or other physiological disorders. This category includes , but is not 12 limited to: 13 a. Pick's Disease 14 b. Down's Syndrome 15 c. Parkinson's Disease 16 d. Epilepsy 17 e. Huntington's Chorea 18 f. Brain Tumor 19 g. Alzheimer's Disease 20 However, Contractor will provide services to Enrollees for emotional or 21 psychological problems caused by or related to these conditions. 22 5. Involuntary requirements to undergo counseling based upon orders 23 of any California or Federal Judicial Officer or other governmental official 24 mandating that an Enrollee undergo counseling for any reason whatsoever. 25 6. Treatment for any condition that is compensable under Workers' 26 Compensation or obtained through or required by any governmental agency. 7 1 IV. CONTRACTOR'S SERVICES 2 Contractor will provide the following services during the term of this Agreement 3 at Contractor's designated office locations or mutually agreed upon facilities 4 and/or locations. 5 A. Provision of management consultation to Sponsor relative to the 6 development and integration of organizational policies and procedures necessary 7 for effective implementation of Contractor's Program: 8 B. Orientation of Sponsor's Enrollees to the Program by means of written 9 materials, briefing and/or training session. 10 C. At the request of the Sponsor, training of Sponsor's supervisory and 11 management staff to develop the knowledge and skills necessary to utilize 12 effectively the resources of the Program in the exercise of their personnel 13 management responsibilities. 14 D. Provision of direct one-to-one counseling by licensed professional staff 15 intended to identify and evaluate personal, medical -behavioral problems and to 16 assess and address alternatives for the resolution of such problems as may exist 17 from time to time among Sponsor's Subscribers and/or their dependents. 18 Contractor shall provide a maximum of three (3) Individual Private Sessions or 19 Group Counseling Sessions per family unit who have sought Program Services 20 without referral by a supervisor of Sponsor per contract period. Fees for any 21 counseling sessions exceeding three (3) will become the financial responsibility 22 of the Enrollee unless otherwise arrange for by he Sponsor. Contractor will, 23 however, provide any number of counseling sessions while this Agreement is in 24 effect to identify and ameliorate personal, medical -behavioral problems and to 25 assess and provide alternatives for the resolution of such problems of Sponsor's 26 Enrollee's who have been referred to Contractor by a supervisor of Sponsor as 8 1 evidencing performance problems in their work or occupation. The provision of 2 counseling services upon referral from a supervisor shall not constitute a 3 Fitness for Duty Examination. Fitness for Duty Examinations are not a part of 4 this Agreement and shall not be provided for under the terms of this Agreement. 5 E. Provision to Enrollees of referrals to professional community resources 6 for treatment and/or assistance outside of the scope of this Agreement as may be 7 appropriate. Payment of the fees for such treatment or assistance shall not be 8 the responsibility of Contractor. 9 F. Provision of ongoing consultation to Sponsor's supervisors and 10 management personnel in matters pertaining to specific personnel actions. 11 G. Provision of a poster program in which professionally published "Officer 12 Assistance Posters" will be rotated approximately every week. These posters 13 shall be displayed in a specially manufactured frame in a location designated by 14 the Sponsor. 15 H. Provision of quarterly statistical evaluations to the Sponsor of 16 Enrollee utilization of Contractor's Program. 17 18 V. CONFIDENTIALITY 19 A. Records, including any information whether recorded or not, pertaining 20 to the identity diagnosis or treatment of any Enrolle or Enrollee's family 21 dependent which are maintained in connection with the performance of this 22 agreement shall be confidential and disclosed only in accordance with all 23 applicable state and federal laws and regulations, including those pertaining to: 24 the confidentiality of medical records, patient consent to release of 25 information, the psychotherapist -patient privilege, and drug and alcohol program 26 records. 9 1 B. Contractor agrees to operate a system of records on individuals in 2 accordance with the Privacy Act of 1974, as amended. 3 4 VI. COMPENSATION BY SPONSOR 5 A. Sponsor shall pay Contractor the sum of Six Thousand Dollars and 00/100 6 ($6,000.00) for any one contract period in consideration for Contractor's 7 provision of the Program. This sum shall be paid in four installments, quarterly 8 in advance and each installment becomes payable upon receipt by Sponsor of an 9 invoice from Contractor. Remittances to Contractor shall be made payable to Ira 10 Grossman, Ph.D. and sent to Contractor's office located at 4550 Kearny Villa 11 Road, Suite 214, San Diego, California 92123. The level of compensation is 12 related to the number of Subscribers reported by the Sponsor as of the effective 13 date of this Agreement. This number shall be reviewed on a quarterly basis, with 14 increases and/or decreases in the number of Subscribers reported. Compensation 15 levels may be adjusted based upon a per capita rate or a formula that is mutually 16 agreeable to the Contractor and the Sponsor. 17 B. No individual Enrollee shall be obligated in any way to pay for Program 18 Services rendered by Contractor in accordance with the terms of this Agreement, 19 including the payment of deductibles, co -payments, or co-insurance. Every 20 contract between Contractor and a Panel provider shall provide that in the event 21 Contractor fails to pay the Provider, an Enrollee shall not be liable to the 22 Provider for any sums owed by Contractor. 23 24 VII. INDEMNIFICATION AND INSURANCE 25 A. Contractor agrees to provide, at its own cost during the term of this 26 Agreement, professional liability insurance with limits of not less than One 10 1 Million Dollars ($1,000,000.00) per occurrence, and general liability of not less 2 than One Million Dollars ($1,000,000.00) for bodily injury or death of one or 3 more persons arising out of the same accident or occurrence, and specifically 4 ensuring performance by Contractor of its indemnity agreement set forth herein. 5 The Sponsor, its officers, agents and employees shall be named as additional 6 insureds on said insurance policies. Contractor agrees, upon the written request 7 of Sponsor, to provide a written certificate of said insurance, which shall 8 certify that the said policies provide that said insurance shall not be canceled 9 or changed except upon thirty (30) days prior to written notice thereof to 10 Sponsor. 11 B. Contractor agrees to indemnify and hold harmless, at its own risk, cost, 12 and expense, defend the Sponsor and its Officers, agents and employees from and 13 against any and all liability expense, including defense costs, legal fees and 14 claims for damages, arising from Contractor's performance, including any acts or 15 omissions under the terms of this agreement. 16 17 VIII. TERM AND RENEWAL 18 A. The term of this Agreement shall be for one (1) year beginning on April 19 2, 1990 and ending on April 1, 1991. 20 B. This Agreement shall be subject to renewal in its entirety for 21 additional year terms upon endorsement by both Sponsor and Contractor. 22 This Agreement may be renewed on the same terms and conditions as it presently 23 contains, provided that the compensation specified in Section VI may, by mutual 24 agreement be increased. Notwithstanding the provisions of this section, the 25 parties may negotiate new and different terms or conditions, or a different level 26 of compensation, in light of legislative or regulatory changes that require 11 1 Contractor to change such terms or conditions or to offer additional benefits not 2 covered by this Agreement. Such changes shall be effective on the anniversary 3 date of this Agreement unless otherwise mandated by law. 4 C. Unless otherwise specified in Section VIII (A.), any individual term of 5 one (1) year's duration shall be considered a "contract period" as that term is 6 used in this Agreement. 7 D. An individual Subscriber does not have the right to renew his or her 8 eligibility for Program Services once his or her relationship (employment or 9 otherwise) to Sponsor is terminated. An Enrollee's right to receive Program 10 Services is determined solely by the Subscriber's Sponsor and Contractor. 11 12 IX. SPONSOR OBLIGATIONS 13 Sponsor shall provide its Enrollees with information about the Program and 14 their eligibility for participation in the Program, and shall distribute to all 15 employees or associated individuals copies of brochure, flyers or other 16 information pertaining to the Program provided to the Sponsor by the Contractor. 17 18 X. ELIGIBILITY 19 A. Contractor may suspend or cancel the eligibility of Enrollees for 20 Program Services based upon Sponsor's repeated failure to reimburse Contractor 21 within 45 days of receipt of Invoice and/or for a contribution delinquent in 22 excess of 90 days. The eligibility of an Enrollee for Program Services under 23 this Agreement shall cease on the sixtieth (60th) day after the date of any 24 invoice sent by Contractor to Sponsor if that invoice is unpaid by Sponsor as of 25 that date and Sponsor has received notice of suspension or cancellation of this 26 Agreement from Contractor in accordance with Sections XI and or XII. If Sponsor 12 1 has not received notice of suspension or cancellation by the sixtieth (60) day, 2 the eligibility of an Enrollee shall cease on the date that Sponsor receives 3 notification of suspension or cancellation in accordance with Sections XI and or 4 XII. 5 B. The eligibility of a Subscriber for program Services shall terminate on 6 the last day he or she bears the relationship to Sponsor specified in Section I. 7 (F). Dependents shall remain eligible for Program Services until the eligibility 8 of the Subscriber related to them ceases or until loss of dependency status, 9 whichever occurs first. Eligibility shall, in any event terminate upon 10 termination of this Agreement, except as otherwise provided herein. Contractor 11 may terminate eligibility of any Enrollee for fraud or deception in the use of 12 the services provided by it or for knowingly permitting such fraud or deception 13 by another. 14 15 XI. CANCELLATION 16 Either party may terminate this Agreement by giving thirty (30) days notice to 17 the other party in writing of the intention to do so, and the reason therefor. 18 This agreement may not be terminated by Contractor due to the Enrollee's health 19 status or requirements for covered services. 20 A. Contractor may terminate all further benefits, and be released from all 21 further obligations hereunder effective as of the thirtieth (30th) day following 22 written notice of such cancellation to Sponsor. 23 B. Contractor will make payment to Panel providers for services authorized 24 by Contractor prior to cancellation, and provided thereafter in accordance with 25 this Agreement, but in no event for services beyond thirty (30) days after the 26 cancellation. 13 1 D. In the event of cancellation by the Contractor (except in the case of 2 fraud or deception in the use of services or facilities of Contractor or 3 knowingly permitting such fraud or deception by another), Contractor shall, 4 within thirty (30) days, return to Sponsor the pro -rated portion, if any, of the 5 money paid to Contractor which corresponds to any unexpired period for which 6 payment has been received, less any amount due Contractor. 7 8 XII. SUSPENSION 9 Suspension of this Agreement may only be effected in accordance with the 10 following provisions: 11 A. Contractor may suspend this Agreement, terminate all further benefits, 12 and be released from all further obligations hereunder as of the date Contractor 13 gives written notice of such suspension to Sponsor upon the occurrence of the 14 following event: 15 1. In the event that Sponsor has repeatedly failed to reimburse 16 Contractor within 45 days of receipt of Invoice and/or for a contribution 17 delinquent in excess of 90 days as set forth in Section X(A), and provided that 18 Sponsor has been duly notified and billed by Contractor, and at least fifteen 19 (15) days have elapsed since the date of notification. 20 However, Contractor must send a notice of suspension of this 21 Agreement only after Sponsor's payment has been delinquent for sixty (60) days 22 for suspension to be effective. 23 B. Contractor will make payment to Panel providers for services authorized 24 by Contractor prior to suspension, and provided thereafter in accordance with 25 this Agreement, but in no event for services provided beyond thirty (30) days 26 after the suspension. 14 1 C. Acceptance by Contractor of the proper Sponsor contribution after 2 suspension of this Agreement shall reinstate the Agreement as though it had never 3 been suspended unless Contractor shall with five (5) business days of receipt of 4 such payment refund the payment so made. 5 6 XIII. GENERAL PROVISIONS 7 A. A11 notices referred to in this Agreement shall be deemed as having been 8 properly made upon deposit of any such notice in the United States mail, postage 9 prepaid, certified mail with return receipt requested, addressed to Contractor 10 at its address specified in Section VI(A) above or to the Sponsor at the address 11 last appearing on Contractor's books. For purposes of this agreement, all such 12 notices shall be deemed received by Contractor or Sponsor two (2) days after they 13 have been properly made. 14 B. This Agreement contains the entire understanding of the parties relating 15 to the subject matter contained herein and supersedes all prior and collateral 16 contracts, understandings, and negotiations of the parties, whether oral or 17 written. Each party acknowledges that no representations, inducements, promises 18 or agreements, oral or written, with reference to the subject matter hereof have 19 been made other than as expressly set forth herein. 20 C. Neither party may assign or delegate this Agreement without the written 21 consent of the other. 22 D. This Agreement shall be governed by the laws of the State of 23 California. 24 E. In the event of any arbitration to enforce the provisions of this 25 Agreement the prevailing party in such arbitration shall be entitled to recover 26 reasonable attorney's fees and arbitration expenses as fixed by the arbitrator. 15 1 2 IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day 3 and year first herein above set forth. 4 CONT CTOR: (Irra Grossman, Ph.D., Inc. 5 By: L 6 Title: President 7 8 9 10 Title: 11 12 13 Approved as to form: 14 16 7 15 ��' SPONSOR: City/of Nati.nal City 17 Linda K. Harter, Assistant City Attorney 4. Calmoor Street variance. It was concluded that the proposal will not be supported by the department and therefore we do not expect an application to be submitted. 5. Willie Naval information. Mr. Naval visited at the zoning counter and provided information that his property would be for sale but some investors may buy options from other investors, and a development proposal may eventually be resubmitted. He also asked how I would react to a proposal for a church on the site, and I informed him that it would be considered undesirable in the middle of a residential area. 6. Letter from Marilyn Ponseggi was discussed. Doug is researching the matter. Planning Department staff will discuss a few issues before the letter is finalized. 7. Status of various street vacations were questioned at the meeting. Doug will research the status of several of them to determine how soon they may be able to be scheduled for City Council adoption of resolutions ordering vacations. It was mentioned that it would be preferable to schedule some for June Council meetings. The first two Council meetings in July have been cancelled. 8. Variance to the 5 ft. setback requirement for a proposed apartment building was discussed. The building is adjacent to a motel which is built on the property line. Doug will check to make sure it does not affect any windows fiuu the motel. Doug mentioned that the project provides adequate private open space with minimum dimensions of 10 ft. in any direction.