HomeMy WebLinkAboutProfessional Services Agreement - New Avenues Inc - Employee Assistance Program Annual Renewal1316 COUNTY -CITY BUILDING
227 W, JLFF"ERSON Bout,rVARD
Sou'rit BENI). INDIANA 46601-1830
CITY OF SOUTH BEND PETBurriGIEG, MAYOR
1130ARD OF PUBLIC WORKS
February 13, 2018
Mary Kowalski
New Avenues, Inc.
300 S. St. Louis Blvd., Suite 200
South Bend, IN 46617
RE: Professional Services Agreement
Dear Ms. Kowalski:
PHO14F, 574/235-9251
FAX 574/ 235-9171
The Board of Public Works, at its meeting held on February 13, 2018, approved the above
referenced agreement for the employee assistance program annual renewal in the amount of
$3.55 PEPM for non-public safety employees and $4.05 PEPM for public safety employees.
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 (5 74) 2 3 5 -
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
C Tierra Davis, Human Resources
Jennifer Hockenhull, Administration & Finance
Kyra Clark, Human Resources
GAILY A. Gii,oi, SUZANNAM.FRrrZBERG EuZABi-,'rFiA.MARAD1K JAMEs A. WEILER TiiLRESE J, D(; RM)
New Avenues
Midwest Behavioral Health Network .
Contract for:
City of South Bend
Employee Assistance Program (EAP)
Length of Contract:
January 1, 2018 - December 31, 2018
Amended
January 17, 20,18
City of SOUdi Send
EAP Contract Page 1
Prepared on November 14, 2017, Amended January 17, 201 S
1. 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.
11. 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: 8:30 a.m. to
5:00 p.m., Monday through Thursday: 8:30 a.m. to 4:00 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.
III. 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
theirs to the program, including how to self -refer, stress confidentiality, and
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.
New Avenues
City of South Bend
EAP Contract Page 2
Prepared on November 14, 2017, Amended January 17, 2018
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 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
4. Anger management
❖ Parenting concerns
+.• Emotional problems (i.e. depression, anxiety, obsessive -compulsive disorders,
etc.)
•;• Alcohol/drug use or abuse
*3 Child/adolescent needs
❖ Communication problems
Grief or trauma issues
4. 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 teem 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
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
New Avenues
City of Sonth Bend
EAP Contract Page 3
Prcpared on November 14, 2017, Amended January 17, 2018
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
B• Visitation or custody studies
•:• Inpatient, intensive outpatient services or partial hospitalization
V. Physician services
B• Psychological testing for clinical, educational, occupational, medical
reasons
+b Extended counseling
Drug/alcohol classes, educational or wellness programs
❖ Drug/alcohol testing or other lab/pharmacy benefits
Fitness -for -Duty Evaluations
•3 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,
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
New Avenues
City of South Bend
EAP Contract Page 4
Prepared on November 14, 2017, Amended January 17, 2018
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
fi• 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
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
New Avenues
Cite of South Bend
EAP Contract Page 5
Prepared on November 14, 2017, Amended January 17, 2015
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
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
New Avenues
City of sOnth Bend
EAP Contract Page 6
Prepared on November 14, 2017, Amended January 17, 2018
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 -far -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,
❖ News for You is a resource that provides topical information for
catastrophic emergency situations i.e. Katrina, Colorado Wild Fires.
•S 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
New Avenues
City of South Send
EAP Contract Page 7
Prepared on November 14, 2017, Amended January 17, 2018
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
•3 Learning Center helps you improve your mental and physical health;
along with relationships at school, work and home. Information and
interactive tools
•3 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:
•2• Financial Assist Online information and telephonic consultation on
budgeting, debt management, day-to-day financial planning,
retirement planning, bankruptcy, first time house buyers, prevention of
home foreclosure
•:• 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/eldcr/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
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
New Avenues
City of South Bend
EAP Contract Page 8
Prepared on November 14, 2017, Amended January 17, 2018
entertainment, travel, pet services, home repair, moving and
legal/financial/id recovery.
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 tar 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.
•+e New Avenues wallet cards and introductory EAP brochures customized
with your logo.
❖ Electronic Employee Newsletter
•:* EAP Introductory letter
New Avenues
City of South Bend
EAP Contract Page
Prepared on November 14, 2017, Amended R-11wary 17, 2018
VI. Reports
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
41. Number of EAP visits used as verified by claims
Annual Projected Utilization
•3 Current Utilization, YTD
B. The Client Satisfaction Report will provide you with survey results annually. These
anonymous results are gathered from employces 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.
VIII. Professional Liability Insurance
New Avenues' staff is covered by a $1,000,000/$3,000,000 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 rewire 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 Iimited 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:
•:• 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;
New Avenues
City or South Bend
EAP Contract Page 10
Prepared on November 14, 2017, Amended January 17, 2018
•,• 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.
XL 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:
1. 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 I
Prepared on November 14, 2€317, Amended Jenuary 17, 2018
XII. Program Cost
A. We will provide services for the above described EAP 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:
1. 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).
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 party will provide
to the other party 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
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.
New Avenues
City of South Bend
EAP Contract Page 12
Prepared on November 14, 2017, Amended January 17, 2018
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` by 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.
XVIL Notices
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
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
New Avenues
City of satatlt Bend
EAP Contract Page 13
Prepared on November 14, 2017, Amended January 17, 2018
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.
XV111. 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 f oinela6d 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 November 14, 2017, Amended RMLI ry 17, 2018
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, 2018.
ACCEPTVD: ACCEPTED:
Mary KowaQi,LCS& Signature
Chief Executive Officer City of South Bend.
November 14, 2017, Amended January 17, 2018
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
Print Nam
Title
Date
&- lAk-
Signature
Title
Date
ilVl rlas'�
Print Name
Title
Date
City of South Bend
227 W Jefferson Blvd, Suite 1200
South Bend, IN 46601
New Avenues
City Of Sorl(h Bend
EAP Contract Page 15
Prepared on November 14, 2017, Amended January 17, 2018
Exhibit A: EAP Full Service
The City of South Bend's employees at 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
J1-)u1-)wlu�1, VjjrVruvcU assibraircc sc] VIUCN avnrrnuic.
Self -referred Short Term Counseling
We will provide annually, 5 EAP visits per non -
police or fire employee and 5 visits per eligible
family member, We will provide 12 EAP visits per
Police Officer and 12 EAP visits per eligible family $3.55 PEPM: Nan-Police/Fire Employees
member, We will provide 12 EAP visits per Fire $4.05 PEPM: Police/Fire Employees
Fighter and 12 EAP vists per eligible family member (See Section IV. A. of contract for explanation.)
(refer to addendu►n: Definition of EAP Eligibility).
Employees and eligible family members will have
access to Structured Telephonic Counseling via the
New Avenues website NewAvenuesOnLine.com.
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 1st 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.)
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.)
New Avenues
City of South Bend
EAP Contract Page 16
Prepared on November 14, 2017, Amended January 17, 2018
Fitness -far -Duty Evaluations
$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
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 www.irs.gov for the currentrate.)
New Avenues
BOARD OF PUBLIC WORI{S
AGENDA ITEM REVIEW REQUEST FORM
Date 2/6/2018
J
Agreement
LJ Contract U Proposal U Addendum
®
Professional Services
❑ Resolution
❑ Bid Opening
❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening
❑ Quote Award
❑ Change Order No.
❑
CIO & PCA No. ❑ PCA
❑
Ease/Encroach.
❑
Traffic Control
Other:
Company or Vendor Name New Avenues
New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing
MBEIVVBE Contractor ❑ MBE ❑ WBE
MBEIVVBE 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 See Exhibit A; $3.55 PEPM for Non -Public Safety employees; $4.05
PEPM for Public Safety employees.
Terms of Contract Agreement is for a one year period, option to renew.
Purpose/Description This is a renewal contract with the City's Employee Assistance
Program provider. Services will include: short-term counseling, EAP
orientation training, telephonic consultation,.management referral
program, critical incident response, fitness for duty evaluations
work -life resource center, brochures, reports, and 4 hours of
trainingslworkshops.
❑ Required Contractor's Certification Form Attached (Non -
Collusion. Non -Discrimination. Non -Debarment. E-Verifv. Iran. etc.)
Amount of ❑ Increase $
❑ Decrease $
Previous Amount $
Current Percent of Change: %
New Amount $
Total Percent of Change: %
Dispersal After Approval
Copy Original
® ❑ Jennifer Hockenhull and Kyra Clark
❑ ❑