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.