THIS PRINT COVERS CALENDAR ITEM NO. : 14
MUNICIPAL TRANSPORTATION AGENCY
City and County of San Francisco
DIVISION: Human Resources/Workers’ Compensation Division
BRIEF DESCRIPTION:
Requesting authority to award and execute a professional services contract with Claremont Behavioral Services Inc., to provide services for and management of the MTA's Employee Assistance and Peer Assistance Programs. The contract amount for these services is not to exceed $275,000.00 per year for a three-year term starting July 1, 2005 to June 30, 2008, for a total contract value not to exceed $825,000.00
SUMMARY:
· Staff requests MTA Board approval to enter into a professional services contract with Claremont Behavioral Services, Inc. for Employee Assistance Programs (EAP), Peer Assistance Programs (PAP) and Trauma Response Program.
· The value of the proposed contract is $275,000 per year for a term from July 1, 2005 to June 30, 2008, for a total value not to exceed $825,000.
ENCLOSURES:
1. MTAB Resolution
2. EAP Contract
APPROVALS: DATE
DEPUTY OF DIVISION
PREPARING CALENDAR ITEM: ____________________________ ____________
FINANCE: ____________
DIRECTOR: ____________
SECRETARY: ____________
RESOLUTION
BE RETURNED TO: Jeff Gary
1145 Market Street, 3rd Floor
ASSIGNED MTAB CALENDAR DATE: __________________________
PAGE 2.
EXPLANATION:
The Collective Bargaining Agreements between the Transport Workers’ Union Locals 250A and 200, Automotive Mechanics Local 1414, International Brotherhood of Electrical Workers Local 6, Laborers Union Local 261, Service Employees International Union Local 790, Stationary Engineers Local 39, and Glazier and Glass Workers Local 718 and San Francisco Municipal Transportation Agency establishes the need for Employee Assistance Programs (EAP) and Peer Assistance Programs (PAP).
Additionally, a policy decision was made by the Director of Transportation to extend these services to all MTA employees regardless of labor affiliation. Subsequent to the merger of the Department of Parking and Traffic with the MTA, an additional policy decision was made by the Director of Transportation to extend these services to the employees of the Department of Parking and Traffic.
Employee Assistance Programs offer assistance by helping employees assess and identify problems arising from a variety of personal areas; including family, financial, legal and medical issues.
Peer Assistance Programs offer non-clinical support and advice to fellow employees regarding access to EAP services, Voluntary Substance Abuse programs and education on the resources available to employees to address work-related or personal issues.
In January 2001, the MTA and the Muni Improvement Fund (MIF) jointly agreed to transfer oversight of the EAP/PAP programs to MTA management. The Workers’ Compensation Manager was designated as the first line supervisor for the program.
Claremont Behavioral Services, Inc. is currently under contract through June 30, 2005 to provide the above referenced services to MTA employees.
An RFP was issued on March 30, 2005 for EAP/PAP services. Two responses to this RFP were received by the April 29, 2005 submission deadline. However, the proposal for Health Resources, a Massachusetts based provider of EAP services was deemed non-responsive to the 3 percent local Disadvantage Business Enterprise (DBE) goals established for this RFP.
Claremont Behavioral Services, the incumbent, committed to meet the local DBE/Non-discrimination and Equal Employment Requirements and was declared the only responsive and responsible bidder and invited into contract negotiations.
At this time we are seeking authority for the Director of Transportation to enter into a contract with Claremont Behavioral Services, Inc., for EAP and PAP services. The annual value of the contract shall not exceed $275,000, with a total value over the three-year term of the contract not to exceed $825,000. This amount includes EAP, PAP and Trauma Response services for all MTA employees.
PAGE 3.
EXPLANATION:
Funding for this program is included in the FY 2006 Workers’ Compensation budget for professional services.
The current contract for EAP/PAP services with Claremont expires on June 30, 2005.
MUNICIPAL TRANSPORTATION AGENCY
BOARD OF DIRECTORS
CITY AND COUNTY OF SAN FRANCISCO
RESOLUTION No. ______________________
WHEREAS, The Collective Bargaining Agreements between the Transport Workers’ Union Locals 250A and 200, Automotive Mechanics Local 1414, International Brotherhood of Electrical Workers Local 6, Laborers Union Local 261, Service Employees International Union Local 790, Stationary Engineers Local 39, and Glazier and Glass Workers Local 718 and San Francisco Municipal Transportation Agency establishes the need for Employee Assistance Programs (EAP) and Peer Assistance Programs (PAP)
and,
WHEREAS, The Municipal Transportation Agency ("MTA") seeks to exercise greater administrative control over EAP and PAP services in order that it may better meet service standards and performance goals mandated by Proposition E; and,
WHEREAS, MTA requires the services of an experienced provider of EAP and PAP services; and,
WHEREAS, Claremont Behavioral Services, Inc. was selected by a competitive selection process for their ability to provide said services; and, now therefore, be it
RESOLVED, That the Municipal Transportation Agency Board authorizes the Director of Transportation to award and execute a professional services contract with Claremont Behavioral Services, Inc. to provide services for and management of the MTA's Employee Assistance and Peer Assistance Programs for a contract amount not to exceed $275,000.00 per year for a three-year term from July 1, 2005 to June 30, 2008, for a total contract value not to exceed $825,000.00.
I hereby certify that the foregoing resolution was adopted by the Municipal Transportation Agency Board of Directors at its meeting of ________________________.
______________________________________
Secretary, Municipal Transportation Agency Board
Agreement between the City and County of San Francisco and
Claremont Behavioral Services, Inc.
for Employee Assistance Program Services
and Peer Assistance Program Management
This Agreement dated for convenience as June 30, 2005, is made in the City and County of San Francisco, State of California, by and between: Claremont Behavioral Services, Inc., hereinafter referred to as “Contractor,” and the City and County of San Francisco, a municipal corporation, acting by and through its Municipal Transportation Agency, hereinafter referred to as "City" or "the MTA."
Recitals
WHEREAS, the MTA wishes to Agreement for Employee Assistance Program ("HEAP") services for employees who are Transit Operators, employees who are not Transit Operators, (hereinafter referred to as Miscellaneous Employees), as well obtain the management services for its Peer Assistance Program; and,
WHEREAS, the MTA wishes to Agreement for a Trauma Response/Critical Incident Debriefing Program; and,
WHEREAS, Contractor represents and warrants that it is qualified to perform the services required by the MTA as set forth in this Contract; and,
WHEREAS, approval for this Contract was obtained from a Civil Service Commission Notice of Action for Contract at their regular meeting on 6/20/2005.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non-Appropriation
This Agreement is subject to the budget and fiscal provisions of the City’s Charter. Charges will accrue only after prior written authorization certified by the Controller, and the amount of City's obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization.
This Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, this Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated.
City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors. Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement.
THIS SECTION CONTROLS AGAINST ANY AND ALL OTHER PROVISIONS OF THIS AGREEMENT.
2. Term of the Agreement
Subject to Section 1, the term of this Agreement shall be three years commencing on July 1, 2005 and ending at 6:00 PM on June 30, 2008.
3. Effective Date of Agreement
This Agreement shall become effective when the Controller has certified to the availability of funds and Contractor has been notified in writing.
4. Services Contractor Agrees to Perform
The Contractor agrees to perform the services provided for in Appendix A, “Description of Services,” attached hereto and incorporated by reference as though fully set forth herein.
5. Compensation
For services performed during the initial term of this Agreement, compensation shall be made in monthly installments no later than thirty (30) days after the effective date of this Agreement, or July 01, 2005, whichever is later. In no event shall the cost to the City of this Agreement exceed two hundred seventy-five thousand dollars ($275,000) per year, for a total cost over the term of the Agreement not to exceed eight hundred twenty-five thousand dollars ($825,000). The description of approved costs associated with this Agreement appears in Appendix B, “Calculation of Charges,” attached hereto and incorporated by reference as though fully set forth herein.
No charges shall be incurred under this Agreement nor shall any payments become due to Contractor until reports, services, or both, required under this Agreement are received from Contractor and approved by the MTA's Workers' Compensation Manager as being in accordance with this Agreement. City may withhold payment to Contractor in any instance in which Contractor has failed or refused to satisfy any material obligation provided for under this Agreement.
In no event shall City be liable for interest or late charges for any late payments.
The Controller is not authorized to pay invoices submitted by Contractor prior to Contractor’s submission of HRC Form 7, “Prime Consultant/Joint Venture Partner(s) and Sub-consultant Participation Report.” If HRC Form 7 is not submitted with Contractor’s invoice, the Controller will notify the department, the Director of HRC and Contractor of the omission. If Contractor’s failure to provide HRC Form 7 is not explained to the Controller’s satisfaction, the Controller will withhold 20% of the payment due pursuant to that invoice until HRC Form 7 is provided.
Following City’s payment of an invoice, Contractor has ten days to file an affidavit using HRC Form 9, “Sub-Consultant Payment Affidavit,” verifying that all subcontractors have been paid and specifying the amount.
6. Guaranteed Maximum Costs
a. The City's obligation hereunder shall not at any time exceed the amount certified by the Controller for the purpose and period stated in such certification.
b. Except as may be provided by laws governing emergency procedures, officers and employees of the City are not authorized to request, and the City is not required to reimburse the Contractor for, Commodities or Services beyond the agreed upon Agreement scope unless the changed scope is authorized by amendment and approved as required by law.
c. Officers and employees of the City are not authorized to offer or promise, nor is the City required to honor, any offered or promised additional funding in excess of the maximum amount of funding for which the Agreement is certified without certification of the additional amount by the Controller.
d. The Controller is not authorized to make payments on any Agreement for which funds have not been certified as available in the budget or by supplemental appropriation.
7. Payment; Invoice Format
Invoices furnished by Contractor under this Agreement must be in a form acceptable to the Controller, and must include the Contract Progress Payment Authorization number. All amounts paid by City to Contractor shall be subject to audit by City.
City shall make payment to Contractor at the address specified in the section entitled “Notices to the Parties.”
8. Submitting False Claims; Monetary Penalties
Pursuant to San Francisco Administrative Code §21.35, any contractor, subcontractor or consultant who submits a false claim shall be liable to the City for three times the amount of damages which the City sustains because of the false claim. A contractor, subcontractor or consultant who submits a false claim shall also be liable to the City for the costs, including attorneys’ fees, of a civil action brought to recover any of those penalties or damages, and may be liable to the City for a civil penalty of up to $10,000 for each false claim. A contractor, subcontractor or consultant will be deemed to have submitted a false claim to the City if the contractor, subcontractor or consultant: (a) knowingly presents or causes to be presented to an officer or employee of the City a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the City; (c) conspires to defraud the City by getting a false claim allowed or paid by the City; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the City; or (e) is a beneficiary of an inadvertent submission of a false claim to the City, subsequently discovers the falsity of the claim, and fails to disclose the false claim to the City within a reasonable time after discovery of the false claim.
9. This paragraph has been left blank by agreement of the parties.
10. Taxes
a. Payment of any taxes, including possessory interest taxes and California sales and use taxes, levied upon or as a result of this Agreement, or the services delivered pursuant hereto, shall be the obligation of Contractor.
b. Contractor recognizes and understands that this Agreement may create a “possessory interest” for property tax purposes. Generally, such a possessory interest is not created unless the Agreement entitles the Contractor to possession, occupancy, or use of City property for private gain. If such a possessory interest is created, then the following shall apply:
(1) Contractor, on behalf of itself and any permitted successors and assigns, recognizes and understands that Contractor, and any permitted successors and assigns, may be subject to real property tax assessments on the possessory interest;
(2) Contractor, on behalf of itself and any permitted successors and assigns, recognizes and understands that the creation, extension, renewal, or assignment of this Agreement may result in a “change in ownership” for purposes of real property taxes, and therefore may result in a revaluation of any possessory interest created by this Agreement. Contractor accordingly agrees on behalf of itself and its permitted successors and assigns to report on behalf of the City to the County Assessor the information required by Revenue and Taxation Code section 480.5, as amended from time to time, and any successor provision.