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HomeMy WebLinkAboutPSA - New Avenues - Employee Assistance Program1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. 1NDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS August 23, 2016 Ms. Mary Kowalski New Avenues, Inc. P. O. Box 360 South Bend, IN 46624 RE: Professional Services Agreement — Employee Assistance Program Dear Ms. Kowalski: PHONE 574/235-9251 FAx 574, 235-9171 The Board of Public Works, at its meeting held on August 23, 2016, approved the above referenced agreement in the amount of $3.55 per employee per month. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT DAVID P. RELOs ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU New Avenues Midwest Behavioral Health Network Contract for: City of South Bend Employee Assistance Program (EAP) Length of Contract: January 1, 2017 — December 31, 2017 City of South Bend EAP Contract Page 1 Prepared on July 19, 2016 I. Overview New Avenues will arrange for the delivery of Employee Assistance Program services to all employees and their dependents as indicated in the Definition of Eligibility addendum during the term of this Agreement with City of South Bend hereinafter to be referred as "the Company." New Avenues will provide employee assistance services as hereinafter described. New Avenues will arrange for such services to be provided by duly trained and qualified professionals in accordance with generally recognized treatment standards. U. Location and Service Access Information Our corporate office address is P.O. Box 360, South Bend, Indiana 46624. Our corporate office location is 300 South St. Louis Boulevard, Suite 200, South Bend, Indiana 46617. New Avenues manages a network of EAP Providers across the state of Indiana and nationwide to provide service to your employees. A. Any employee or immediate family member may be seen in any of our network offices near their home or workplace. B. Hours of Operation for corporate office and member services include: 9:00 a.m. to 5:30 p.m., Monday through Thursday: 9:00 a.m. to 5:00 p.m., Friday (Eastern Standard Time or Eastern Daylight Savings Time during the appropriate times of the year). Our on -call clinical staff is available for immediate or emergency situations 24 hours per day including weekends and holidays. C. A toll -free telephone number will be provided to all employees for easy EAP access. D. Access to the EAP may be made via the City of South Bend Health and Wellness Center upon Physician or Nurse Practitioner referral. New Avenues will provide: Digital tablet, tablet stand and secure video conferencing software. City will provide: secure internet access, private room for patient use, security for the tablet/stand when not in use, and maintenance of tablet/stand in good condition. There is no additional charge for this video conferencing service. M. Access Procedure and Orientation Service A. Members can access their EAP services by calling New Avenues and speaking to an Intake Specialist who will obtain necessary account information and information of the member's counseling needs. A Care Manager (Master's level mental health counselor) is available for members to consult when dealing with higher risk and emergency needs. The member will then be informed how counseling services will proceed. New Avenues will make a reasonable attempt to select an EAP Provider that can provide continuity of care with the member's health plan if needed. B. Members of our professional staff will meet with all employees setup at the Company's request, in groups, at your sites for approximately 30 minutes to orient them to the program, including how to self -refer, stress confidentiality, and New Avenues City of South Bend EAP Contract Page 2 Prepared on July 19, 2016 normalize problems so that persons will feel comfortable making appointments. We suggest group sizes of approximately 35-40 employees at a time. C. We will provide you with a draft introductory letter announcing the EAP, to be mailed by you to the home of each employee introducing the EAP program. IV. Scope of EAP Services A. Short Term Counseling Program. We will provide annually a number of EAP visits per employee family or per employee and each eligible family member, as determined by the Company, (refer to addendum: Definition of EAP Eligibility). Employees and eligible family members will have access to Structured Telephonic Counseling and access to eSession Connect via the New Avenues website NewAvenuesOnLine.com. We will provide these services as agreed upon in Exhibit A. The scope of the Employee Assistance Program covers the following Individual, Family and Marital short term counseling needs, but is not limited to: ❖ Stress ❖ Anger management ❖ Parenting concerns •S Emotional problems (i.e. depression, anxiety, obsessive -compulsive disorders, etc.) ❖ Alcohol/drug use or abuse ❖ Child/adolescent needs ❖ Communication problems ❖ Grief or trauma issues ❖ Conflict Resolutions Service ❖ Marital and partner concerns ❖ Aging parent issues ❖ Adjustment problems related to health conditions ❖ Occupational or career concerns ❖ Problems at work ❖ Employee or managerial coaching The EAP short term counseling can also provide assessment of needs, and referral assistance for additional behavioral health needs such as: psychological testing, referral for physician evaluation, more intense level of care or extended counseling. Financial Assistance — Referral New Avenues has partnered with GreenPath Debt Management Solutions and may refer members to GreenPath for their free Credit Counseling and Debt Counseling services. GreenPath is a premier credit counseling agency and is accredited by COA, Council on Accreditation and is a member with the following organization: National Foundation for Credit Counseling, NFCC, Financial New Avenues City of South Bend EAP Contract Page 3 Prepared on July 19, 2016 Counseling Association of America-FCAA, U.S. Department of Housing and Urban Development -Approved housing counseling agency, and U.S. Department of Justice -Approved provider of bankruptcy counseling and education. GreenPath Services beyond the free counseling sessions may have fees associated with them. Employees would be responsible for any services that would require a payment. Such as Debt Management Program, Student Loan Counseling, Bankruptcy Counseling, Homebuyer Counseling Program. The EAP counseling services do not include: ❖ Reports for courts for any court ordered counseling or treatment ❖ Visitation or custody studies Inpatient, intensive outpatient services or partial hospitalization ❖ Physician services ❖ Psychological testing for clinical, educational, occupational, medical reasons ❖ Extended counseling •S Drug/alcohol classes, educational or wellness programs ❖ Drug/alcohol testing or other lab/pharmacy benefits ❖ Fitness -for -Duty Evaluations •A Risk Assessments ❖ Services under COBRA We would anticipate that the limited visit program would resolve the majority of the problems. When/if the Provider recommends extended treatment and all available EAP sessions have been used, the client may continue with the EAP counselor or another Provider if they wish, at their own expense or with whatever other insurance coverage applies. The EAP counselor also may recommend additional services such as physician evaluation or psychological testing that will be subject to the individual's personal expense or health plan. The employee is under no obligation to use the EAP program prior to accessing their health plan or as a condition of accessing their health plan benefits. B. Supervisory Orientation Training. In addition to employee orientation sessions (see Sec. III B), EAP supervisory orientation training is available for your designated supervisors. The focus of the training will be how to make "disciplinary referrals" and "concerned supervisory referrals." It will include information on "knowing when to refer" and "how to refer" and how to keep New Avenues informed of when a referral has been made. We will provide these services as agreed upon in Exhibit A. C. Trainings/ Workshops/ Seminars. New Avenues provides a variety of additional services that can improve departmental and organizational performance. Trainings, workshops and seminars may be purchased on an as needed basis. Staff is available for consultation with the Company's human resources representatives or supervisors who may call us and request assistance in choosing and/or designing special trainings. Trainings include, but are not limited to, Stress Management, New Avenues City of South Bend EAP Contract Page 4 Prepared on July 19, 2016 Respect in the Workplace, Harassment, and Reasonable Suspicion Programs. For a list of offerings, see the current Training Catalog. We will provide these services as agreed upon in Exhibit A. D. Telephonic & Onsite Consultation/ Mediation/ Conflict Resolution. Staff are available for telephonic consultation with the Company's human resources representatives or supervisors who may call us and request assistance in how to talk with a particular employee, when a referral is needed, or for any other consultation about an employee that the Company and New Avenues deems appropriate. Onsite consultations, mediation, and conflict resolution may be purchased on an as needed basis. We will provide these services as agreed upon in Exhibit A. E. Focus On Success Management Referral Program. The New Avenues' Focus On Success Management Referral Program is designed to address the employee who has demonstrated significant or chronic performance problems, violation of work rules, violence or threatened violence, anger management problems, or troubled behavior. We will provide these services as agreed upon in Exhibit A. Services provided may include: ❖ Consultation with the employer All necessary forms and consents ❖ The initial assessment of the employee by an EAP counselor ❖ Referral, case management Provider communication, and oversight of the counseling by a New Avenues Care Manager -:• Monthly compliance reports from New Avenues to the Company The monthly reports provide the employer with information as to the employee's attendance, compliance with recommendations, and overall motivation/cooperation. No personal or medical information is released without the patient's written consent. (Medical information includes, but is not limited to, diagnosis, results of tests, and counseling notes.) Referral to the EAP Focus on Success Management Referral Program may be a part of the employer's policies. However, the employee must voluntarily accept terms of participation. The terms of participation include signing an Authorization for Release of Information, attending sessions, cooperating with recommendations for treatment, acceptance of financial responsibility for treatment beyond the assessment (including but not limited to counseling, group sessions, intensive outpatient programs, further psychiatric evaluation or psychological testing, drug/alcohol tests, classes). The fees for the counseling treatment and/or testing beyond the assessment will first use any remaining EAP sessions as provided in this Agreement and then when the provided EAP sessions are exhausted any further sessions are at the employee's expense and are the employee's responsibility. These services may be covered by the individual's health insurance benefit, but coverage is not guaranteed. New Avenues acts solely in the role of facilitating referrals and communication regarding management referrals. New Avenues acts as a neutral, objective third party to arrange professional services appropriate to the referral, and shall serve as New Avenues City of South Bend EAP Contract Page 5 Prepared on July 19, 2016 an intermediary between the Provider and the Company by communicating reports subject to the scope of the Authorization for Release of Information. New Avenues does not assume responsibility and the Company agrees it will not hold New Avenues responsible for the findings, assessment, treatment recommendation(s), treatment, outcomes, determinations, or any other actions or inactions taken by the Provider of the EAP services. The Company further agrees that New Avenues is not responsible and the Company will not hold it responsible for any action(s) taken by the Company as a result of the EAP referral and Provider reports. When requested by the Company and consented to by the employee, New Avenues will monitor the employee's progress at least monthly (if applicable) by obtaining progress reports from the Provider(s) who are involved in the recommended behavioral health treatment. New Avenues will also communicate with the Company regarding the employee's compliance with treatment, subject to the scope of the authorization on record. Drug/Alcohol tests are not provided by New Avenues, but they may be indicated during assessment or treatment at the recommendation or requirement of the Provider, and become the financial responsibility of the employee. Drug/alcohol tests as part of random testing, return to work policies, or post -incident monitoring are at the discretion of the employer, subject to the employer's policies and expense, and shall occur at the employer's designated labs or designated occupational health physician sites. Drug/alcohol testing that occurs as part of treatment is considered part of the medical record; results are not revealed without the patient's written consent. Testing that takes place at the Provider's site or Provider's designated sites, as part of assessment or treatment shall be the patient's financial responsibility. An employee's failure to participate in the Provider's requirements for interval testing or repeated positive results may be considered by the Provider as non-compliance and reported by New Avenues as such. F. Critical Incident Response. Critical Incident Response professional services usually involve 1-3 hours of a counselor coming to the worksite to facilitate a discussion. The debriefing is a structured approach to assisting employees who have just experienced a serious traumatic or loss event that has occurred at the workplace or to a fellow employee. New Avenues has responded to a wide range of events. Traumatic events include serious industrial/work related accidents, sudden death of an employee, robberies, violent episodes, or experiencing a catastrophic event such as a fire. Our response will be timely at your site. We will provide these services as agreed upon in Exhibit A. G. Fitness -for -Duty. A fitness -for -duty evaluation is a medical evaluation, requested by an employer, to determine if a current employee is or is not able to perform essential job functions at the work setting because of psychological or psychiatric problems. Upon request, New Avenues acts as a neutral, objective third party to arrange professional services appropriate to the referral, and shall serve as an intermediary between the Professional Evaluator and the Company by communicating reports subject to the scope of the Authorization for Release of Information. Professionals conducting fitness -for -duty evaluations and risk New Avenues City of South Bend EAP Contract Page 6 Prepared on July 19, 2016 assessments are required to maintain a position of neutrality, objectivity, and advocate for neither the employer nor the employee. At the Company's request, New Avenues will arrange an assessment with a psychologist or psychiatrist to make an evaluation as to the employee's ability to perform his/her work duties, the existence of psychological difficulties that may interfere with an employee's ability to perform his/her essential job duties, or for assessment of risk for harm to self or others, dangerousness, and/or the probability of recurrence of incidents related to work performance. In order to maximize the impartiality and objectivity, New Avenues has adopted a standard not to arrange evaluations with a practitioner who has acted as a treating Provider to the employee (if applicable), and secondly, employees generally will not be referred to the Evaluator for follow-up treatment. In order to conduct our role and meet confidentiality standards, the Company will need to obtain from the employee at the time of the referral an Authorization for Release of Information for the exchange of information between the Professional Evaluator and New Avenues and an Authorization for Release of Information for the exchange of information between the Provider and the Company. New Avenues acts solely in the role of facilitating referrals and communication regarding a fitness -for -duty referral(s). The Company is solely responsible for any actions taken or decisions made regarding the employee's status for returning to work, accommodation, and conditions of employment or employment actions. New Avenues does not assume responsibility and the Company agrees it will not hold New Avenues responsible for the findings, assessment, treatment recommendation(s), treatment, outcomes, determinations, or any other actions or inactions taken by the Provider performing the fitness -for -duty assessment. The Company further agrees that New Avenues is not responsible and will not hold it responsible for any action(s) taken by the Company as a result of the Evaluator's report. The professional fees for the fitness -for -duty assessments vary in price depending on the professional and the need for psychological testing, etc. Such evaluations are typically the financial responsibility of the employer unless the employer expects the employee to accept financial responsibility for such testing. Many of these evaluations may be covered through the employee's insurance program. We will provide these services as agreed upon in Exhibit A. H. Work -Life Services. New Avenues will provide access to the New Avenues Work - Life Resource Center web based program via our website at www.NewAvenuesOnline.com. We will provide these services as agreed upon in Exhibit A. The fee for the selected Work -Life Program is addressed in Section XII and consists of the following services. Fundamental Web Work -Life Program ❖ Web based online program for information, interactive assessments, articles on variety of health, wellness, family life and work related areas, New Avenues City of South Bend EAP Contract Page 7 Prepared on July 19, 2016 ❖ News for You is a resource that provides topical information for catastrophic emergency situations i.e. Katrina, Colorado Wild Fires. ❖ CareSpace is an online community for people caring for an older loved one to learn, share and support one another ❖ Savings Center is a place where individuals can sign up for savings of up to 25% on thousands of types merchandise ❖ Tax Act is a web based tool for free federal tax preparation ❖ Skill Builders in work place and interpersonal topics ❖ Live Well Health tools, tips and resources: information, lifestyle self - assessments, videos ❖ Searchable databases for schools, pet sitters, and volunteer opportunities. Complete Web Program Includes the Fundamental Web plus the following: ❖ Child/eldercare and educational resources listed on web ❖ Searchable databases for camps, older adult and adoption ❖ Relocation Center provides information on a community such as lists of schools, hospitals, and places of worship. It provides statistics on housing costs, types of housing, average age, income and more ❖ Learning Center helps you improve your mental and physical health; along with relationships at school, work and home. Information and interactive tools ❖ Webinars are monthly training seminars on a variety of topics from teens to financial planning Legal/Financial/ID Recovery Program Includes Fundamentals Web with legal forms and calculators, plus the following: ❖ Financial Assist Online information and telephonic consultation on budgeting, debt management, day-to-day financial planning, retirement planning, bankruptcy, first time home buyers, prevention of home foreclosure •3 Legal Assist: Online information and in person or telephonic consultation for 30 minutes with network attorney, at no charge, and 25% discounts on fees for future visits ❖ Integrated ID Recovery consultation with a skilled ID Theft Resolution Specialist who provides caller with tools to implement a resolution Full Work -Life Resource & Referral Program Includes Complete Web, Telephonic Resource & Referral services for Work -Life (child/elder/daily living resource & referrals) and Legal/Financial/ID Recovery, plus the following: ❖ Live Connect Assistance is available on the web to connect immediately with a care consultant so they can assist the caller in New Avenues City of South Bend EAP Contract Page 8 Prepared on July 19, 2016 identifying child and elder care, information on parenting, prenatal care, daily living assistance, wellness services, and more. ❖ Assisted Search is an online form on the website where an employee requests a child or adult/elder care or daily living search be completed by a care consultant ❖ Telephonic Access to consultants who will assist in finding resources for child or elder care services, daily living services such as entertainment, travel, pet services, home repair, moving and legal/financial/id recovery. I. Consultation of Department of Transportation (DOT) Substance Abuse Regulation. New Avenues can help the employer with several components of complying with the U.S. Department of Transportation requirements. The New Avenues staff can arrange training online or at the site with professionals who are experienced in training supervisors for DOT purposes including training on reasonable suspicion. We also can provide the human resource officer or other Company representative with a list of Substance Abuse Professionals (known as "SAP's") who have a recognized certification of qualification to conduct assessments under DOT regulations. This list may be given to human resource representatives or other Company representatives to assist employees who have tested positive for DOT drug/alcohol testing and who then are responsible to pursue assessment and/or treatment under the DOT regulations prior to returning to work. Costs of treatment, educational programs, Intensive Outpatient Treatment Programs, and self-help community groups are typically at the employee's expense. It should be noted that New Avenues, as an employee assistance program, cannot conduct the DOT assessment, perform the monitoring duties, or be the intermediary between the employer and the SAP. DOT regulations stipulate that the assessment and monitoring of compliance, as well as advisement of readiness to return to work must come directly from the SAP to the employer. DOT consultation to the employer (as described above) is at no charge. DOT training for supervisors will be billed at the workshop level dependent on the speaker's fees. V. Communications Program In order to promote and further educate your employees about EAP services, New Avenues provides the following: ❖ EAP educational posters will be supplied monthly for display in all employee common areas to keep the program in view. ❖ We will provide wellness articles for your newsletter or inserts for mailing to promote the program through our quarterly electronic newsletter. ❖ We have an extensive list of possible workshops for employees and managers that we can provide for an additional fee. ❖ New Avenues wallet cards and introductory EAP brochures customized with your logo. New Avenues City of South Bend EAP Contract Page 9 Prepared on July 19, 2016 A. - VI. Reports Electronic Employee Newsletter EAP Introductory letter A. A monthly Utilization Report summarizes program usage and includes the following information: ❖ Number of employees or dependents calling for EAP services ❖ Number of EAP visits authorized by New Avenues ❖ Number of new employees or dependents using the EAP as verified by claim ❖ Number of EAP visits used as verified by claims ❖ Annual Projected Utilization ❖ Current Utilization, YTD B. The Client Satisfaction Report will provide you with survey results annually. These anonymous results are gathered from employees or their family members following their counseling services. VII. Audit You have the right to retain an independent audit firm (to ensure compliance with employee confidentiality) to audit your utilization results. VM. Professional Liability Insurance New Avenues' staff is covered by a $1,000,00053,000,000 professional liability policy. New Avenues shall maintain such malpractice liability insurance for New Avenues and its employees that covers services to be provided by employees of New Avenues under this contract. New Avenues will use its best efforts to require any subcontractors, including all professionals providing services under this Agreement, to maintain such professional liability insurance for themselves. IX. Confidentiality New Avenues shall keep confidential all information or data regarding the Company's operations including, but not limited to, operating results and methods of operation that may be made known to New Avenues in the course of its performance of services under this contract. New Avenues' Privacy Policy for client services is that the EAP will not provide information about a client using the service to anyone outside of the EAP without the client's written authorization, unless we are required by law to do so. Such situations, in which we are required to disclose, include without limitation: New Avenues City of South Bend EAP Contract Page 10 Prepared on July 19, 2016 ❖ When the client has made a serious threat of harm to themselves (i.e. suicide); ❖ When the client has made a serious threat of harm against another person; ❖ When there is suspicion of abuse or neglect of a child, elderly or disabled person. New Avenues has policies and procedures that, to the greatest extent possible, conform to the privacy and security requirements of the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"). In addition, treating Providers may be subject to the privacy and security requirements of HIPAA. As a result, your access to information about our clients is substantially limited. A client's participation in the EAP is confidential; the employer will not receive the client's name or any information that would identify the client unless the client gives written consent. Each client will be asked to sign a New Avenues' EAP "Statement of Understanding" which will explain our privacy policy. Since maintaining confidentiality, a professional responsibility of New Avenues, is the basis for employees' trust and future use of our services, and since utilization of this program is in the Company's best interest, we will only supply you with client names when we have a signed "Authorization and Consent to Release Information" form. Without such a release our policy states there will be no disclosures, except as required by law. X. Limitation of Liability New Avenues shall defend, indemnify, and hold harmless the Company, its officers, agents and employees against all damages, claims or liabilities, and expenses (including attorney's fees) arising out of or resulting in any way from New Avenues' performance of services under this contract (subject to the limitations set forth in the various sections of this contract) or from any act or omission of New Avenues or its employees. This indemnification shall not apply to any damages, claims, liabilities or expenses resulting from any negligent, reckless or intentional act or omission of the Company, to the extent such act or omission is responsible for damages, claims, liabilities or expenses incurred. M. Utilization Rate We are basing the payment of this contract on the anticipated annual utilization rate of employees and their eligible family members using the Employee Assistance Program agreed upon in Exhibit A. (Refer to the Addendum: Definition of Eligibility). For purposes of computing the utilization rate: An employee and eligible family member(s) who use the service will only be counted once in a contracted 12-month period. 2. With very few exceptions, at least one face-to-face visit will have occurred for the employee's contact to count in the utilization rate. New Avenues City of South Bend EAP Contract Page I 1 Prepared on July 19, 2016 XII. Program Cost A. We will provide services for the above described EAT program at a charge as agreed upon in Exhibit A. Fees are based upon actual employee numbers in any given month and upon an anticipated utilization rate by employees and their families. B. New Avenues Work -Life Resource Center services: Fundamental Web Work -Life Program: We will provide services as described in Section IV.H. as agreed upon in Exhibit A. 2. Complete Web Work -Life Program: We will provide services as described in Section IV.H. as agreed upon in Exhibit A. (Optional enhancement that may be added). 3. Legal/Financial/ID Recovery Work -Life Program: We will provide services as described in Section IV.H. as agreed upon in Exhibit A. (Optional enhancement that may be added). 4. Full Work -Life Resource & Referral Work -Life Program: We will provide services as described in Section IV.H. as agreed upon in Exhibit A. (Optional enhancement that may be added). XIII. Payment A. All monthly payments, including the first month of service delivery, must be received in advance prior to the first day of each month, based on the Company's actual number of employees. B. It is necessary for New Avenues to receive, no later than the 15th of each month, a current file of the Company's employee roster so that appropriate billings may be prepared and mailed to you. XIV. Renewal and Termination This Agreement will become effective when signed by the Company and accepted by New Avenues (the "Effective Date"). Unless terminated for cause (as provided below), this Agreement will continue for an initial term (the "Initial Term") of one year beginning with the Effective Date. If the Company or New Avenues chooses not to renew this contract at the end of the contract year, or if either wishes to renegotiate any of its provisions, that parry will provide to the other parry at its corporate address, 90 days in advance of contract expiration, written notice of such intentions. If this contract is not terminated as provided above and had not been renewed prior to contract end, it will automatically renew on an annual basis, and both parties agree to provide to the other written notice, at least 90 days in advance, unless New Avenues City of South Bend EAP Contract Page 12 Prepared on July 19, 2016 there occurs circumstances beyond control of either party, of the renewal contract's year end, of an intent to terminate at that year's end. Notwithstanding the foregoing, if either party breaches a material obligation of this Agreement and fails to correct such breach within thirty (30) days after receiving written notice of the breach, then the other party shall have the immediate right to terminate this Agreement upon written notice. The Company's obligation to pay all charges that have accrued prior to termination will survive any termination of this Agreement. In addition, upon termination of this Agreement, New Avenues will not be responsible for maintaining copies of records relating to the provision of services under this Agreement. New Avenues may dispose of the Company's records and data unless previously directed in writing by the Company. The Company will reimburse New Avenues for the cost of producing any information in New Avenue's possession or control relating to services provided under this Agreement. XV. Amendment The parties may amend this Agreement at any time upon mutual agreement; provided, however, that any amendment to this Agreement must be in writing and signed by authorized representatives of both parties. In the event of a change in Federal or state laws or regulations affecting the services provided under this Agreement, New Avenues may amend this Agreement upon thirty (30) days prior written notice to the Company. In addition, after the Initial Term, New Avenues may increase its fees upon thirty (30) days written notice to the Company. Upon notification of an amendment to this Agreement or a change in fees, the Company may terminate this Agreement upon thirty (30) days prior written notice to New Avenues. XVI. Intellectual Property All materials, including but not limited to forms, brochures, posters and on-line content ("Materials") furnished by New Avenues to the Company are granted pursuant to a personal, non -transferable and non-exclusive license to use the materials solely for the Company's performance of its obligations under this Agreement or to facilitate New Avenue's performance of its obligations under this Agreement. The Company shall not have the right to copy, distribute, reproduce, alter, display, or use the Materials or any New Avenues trademarks for any other purpose. The Company agrees that it will keep the Materials confidential and will use commercially reasonable efforts to protect the contents of Materials from unauthorized use. The license to use the Materials shall end upon termination of this Agreement. Upon termination of this Agreement, the Company shall destroy the Materials or, if requested by New Avenues, return them to New Avenues. -`hI■►t73� All notices, requests and communications to either party regarding the terms of this Agreement, including, but not limited to, significant changes effecting the implementation of this Agreement, or scope and service, shall be in writing (including faxes or similar New Avenues City of South Bend EAP Contract Page 13 Prepared on July 19, 2016 writing) and shall be given to the party at its respective address identified on the signature page of this Agreement or to such other address or fax number as either party may hereafter specify by notice to the other party. Each notice, request or communication shall be effective upon receipt, provided that if the day of receipt is not a business day, then the notice shall be deemed to have been received on the next succeeding business day. XVM. General Provisions A. This Agreement and the parties' rights and obligations shall be governed and construed pursuant to the laws of the State of Indiana. The Company consents to be subject to the jurisdiction of the state or federal courts located in Indiana. New Avenues, Inc. utilizes the U.S. Department of Homeland Security's E-Verify program for the purposes of determining the employment eligibility status of all new employees. B. The Company may not assign this Agreement without New Avenues' prior written consent, which consent shall not be unreasonably withheld. C. No action under this Agreement may be brought by the Company more than two years after the cause of action has accrued. D. This Agreement constitutes the entire Agreement with respect to the subject matter hereof and supersedes all prior or contemporaneous Agreements and understandings regarding the subject matter hereof, whether written or verbal. XIX. Rules of Construction For ease of reference, in this Agreement: A. The word "will" may be used as a substitute for the word "shall" but nonetheless is intended to be mandatory. B. "We," "us" or "our" may be used to refer to New Avenues. C. "You" or "Your" may be used to refer to the Company. New Avenues City of South Bend EAP Contract Page 14 Prepared on July 19, 2016 The following parties agree to the above terms of this contract and the contract is to be in full force and effect on January 1, 2017. ACCEPTID: /D 6G� Mary Kowal 1, LC Chief Executive Officer July 19, 2016 Date New Avenues, Inc. 300 South St. Louis Boulevard Suite 200 South Bend, IN 46617 Mailing Address: P.O. Box 360 South Bend, IN 46624 ACCEPTED: Signature v City of South Bend Print Name Title Date Ag�u= L -- afore Print Name Title Date Signature Print Name Title Date � 1......��._ City of South Bend 227 W Jefferson Blvd, Suite South Bend, IN 46601 1200 New Avenues City of South Bend EAP Contract Page 15 Prepared on July 19, 2016 Exhibit A: EAP Full Service The City of South Bend's employees at the following locations 1. 227 W Jefferson Blvd, Ste 1200, South Bend IN 46601 and all smaller associated locations under the jurisdiction of the City of South Bend have the following employee assistance services available. EAP Fall Service based upon Program Cost based upon a 1087 employees at a One year contract predicted 4-8% ati'tiration rate. Self -referred Short Term Counseling We will provide annually, 5 EAP visits per employee and 5 visits per eligible family member, (refer to addendum: Definition of EAP Eligibility). Employees and eligible family members will have access to Structured Telephonic Counseling and $3.55 PEPM access to eSession Connect via the New Avenues (See Section IV. A. of contract for explanation.) website NewAvenuesOnLine.com. Employees also have access to Telehealth services through the Employee Clinic, completing an' intake through video conferencing. EAP Employee Orientation Training Included. (See Section III. B. of contract for explanation.) EAP Supervisory Orientation Training Included. (See Section IV. B. of contract for explanation.) 4 hours included. Additional hours may be Trainings, Workshops and Seminars purchased as needed. Fees are determined by the type and extent of the service requested. (See Section IV. C. of contract for explanation.) Telephonic Consultation Included. (See Section IV. D. of contract for explanation.) Hours may be purchased as needed. Fees are Onsite Consultation, Mediation, and Conflict determined by the type and extent of the service Resolution requested. (See Section IV. D. of contract for explanation.) Included. Provides Ist session assessment and up to Focus On Success Management Referral Program 3 months case management. $200/month for case management beyond 3 month period. (See Section IV. E. of contract for explanation.) New Avenues City of South Bend EAP Contract Page 16 Prepared on July 19, 2016 EAP Full Service based upon Program Cost based upon a 1087 employees at a One year contract predicted 4-8% utilization rate. 8 professional hours included (includes mileage). Additional hours may be purchased as needed for Critical Incident Response $200/hour plus mileage per professional upon utilization. (See Section IV. F. of contract for explanation.) $500-$1500/visit for psychological or psychiatric evaluations. — Professional fees vary with practitioner, number of visits, amount and type of testing, and setup fee. Any specialized testing or Fitness -for -Duty Evaluations evaluation fees over $1500 will be discussed with the employer. $200/month for ongoing case management. (See Section IV. G. of contract for explanation.) Fundamental Web Work -Life Program: Included. Complete Web Program Optional: $.35 PEPM —Not selected New Avenues Work -Life Resource Center Legal/Financial/ID Work -Life Program Optional: $.40 PEPM —Not selected Full Work -Life Program Optional: $.45 PEPM —Not selected (See Section IV. H. of contract for explanation.) Communication Program: monthly posters, website, Included, posters monthly to all locations (See electronic newsletter Section V. of contract for explanation). EAP brochures Included. Utilization Reports Included monthly. (See Section VI. of contract for explanation.) Client Satisfaction Reports Included annually. (See Section VI. of contract for explanation.) Mileage Current Federal Standard Business Mileage Rate (Refer to wwwdrs.Qov for the current rate.) New Avenues BOARD OF PUBLIC WORKS AGEjgD.A f'FENT REVIEW REQUEST CORM Date 38/1 W20 i 6 Name Caitivn Chase Department Admin & Finance/HR BPW Date 08/23/2016 Phone Extension 9997 Legal Controller Purchasing Required Prior to Submittal to Board [XI Attorney Name Michael Schmidt ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Check the Appropriate Item Type — ,Required for All Submissions ® Agreement ❑ Contract ❑ Proposal ❑ Addendum ® Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control ❑ Other: Information Company or Vendor Name New Avenues New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ® No ❑ Yes Name of Company Project Name Employee Assistance Program (EAP) Project Number Funding Source Health Insurance Fund Account No. 711-0401-671-34-13 Amount $ 3.55 per employee per month Terms of Contract Agreement is for a one year period (2017). Purpose/Description EAP full service based upon 1,112 employees at a utilization rate. Services will include: short-term counseling EAP orientation training, telephonic consultation management referral program, critical incident response work -life resource center, brochures. and 4 hours of trainings/workshops ® Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc. Required For Chanqe Orders Only Amount of U Increase ❑ Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change: Copy Original ® ❑ ❑ ❑ Dispersal After Approval John Murphy, Jennifer Hockenhull, Janet Cadotte, Caitlyn Chase