HomeMy WebLinkAboutC-6259 - Service Agreement for Employee Assistance ProgramC.n
SERVICE AGREEMENT FOR EMPLOYEE ASSISTANCE PROGRAM
The City of Newport Beach, a municipal corporation ( "City ") and Care Resources, Inc., a
California corporation ( "Contractor "), agree as follows:
SCOPE AND OBJECTIVES
1. Contractor is hereby retained by City as an independent contractor to establish and
administer a program of special istance to City employees, to be called the Employee Assistance
as
Program ( "EAP ") commencing , 1995. Contractor warrants that its work
will conform to the highest profession 1 stan ards in the field of employee counseling.
2. The purpose of the EAP is two -fold:
A. To provide training to City managers and other employees with supervisory
responsibilities to identify and follow a prescribed course of action in instances in which
employees who manifest deteriorating job performance do not respond to normal supervisory
counseling and /or disciplinary procedures.
B . To guide, counsel and assist such employees referred to the EAP by the
City, or employees who voluntarily seek assistance from the EAP, to obtain an appropriate
diagnosis and suggest a course of treatment to restore their ability to perform their jobs at an
acceptable level of performance.
3. The EAP is being established to provide employees and their families with
confidential assistance with alcoholism, drug abuse and personal problems, including marital,
financial, legal, stress and other problems. The activities of Contractor outlined below will include
assistance to employees with regard to all of these problems.
4. Program Development Consultation. Contractor will provide consulting services to
City relevant to the development, communication and implementation of the EAP. Contractor will
formulate program policies and procedures which govern EAP operation and support City
counseling and /or disciplinary policies and procedures. The City shall receive a copy of all
material prepared by Contractor before it is distributed to any City employee.
5. Supervisor Training and Program Implementation. Contractor will advise the City
on how to implement the EAP and to publicize its existence to union or employee association
representatives and to all employees and their immediate families. Contractor will conduct
orientation and training seminars for City managers and supervisors for the purpose of
communicating EAP policies and procedures, explaining techniques for monitoring and
documenting job performance problems and discussing how to effectively utilize the EAP's
services. Initial supervisor training will be approximately one hour in duration with an annual
update of one hour. The City and Contractor shall mutually agree upon the content, frequency and
duration of training.
6. Supervisor Consultation. Contractor will provide specific assistance, upon request,
to City managers and supervisors regarding employee job performance problems and appropriate
supervisor responses to such problems. All action taken in response to employee job performance
problems shall be taken by City employees and be in accordance with City policies and procedures.
7. Program Communication. Contractor will provide the text for all brochures,
articles and other promotional materials designed to inform City employees and their dependents
about the EAP benefits. The cost of printing and distribution of such material shall be the
responsibility of the City. Contractor will provide periodically other health promotional articles
and speakers on topics such as stress reduction, quitting smoking, alcohol and drug abuse, job
burn -out, and other problems that affect employee job performance. The City shall receive copies
of all materials before they are utilized and will be given advance information about speakers and
their subjects.
8. Assessment and Referral. Contractor will provide specific assistance to City
employees and members of their immediate families who have been referred to the EAP or who
have voluntarily requested such services. All assistance will be provided by licensed mental health
professionals. Contractor and City will adopt safeguards to assure that the counseling
assessments conducted in a manner designed to assure confidentiality. Specific counseling,
assessment and referral activities provided by Contractor are as follows:
A. 24 hour / 7 day "800" crisis line
B . Crisis intervention counseling at an appropriate location.
C. Assessment at a convenient office location for employees and /or family
members within 48 hours of a request for such service. Up to three visits will be provided to the
employee or family member every six (6) months.
D. Referral to an appropriate facility or professional when chemical
dependency or psychiatric conditions indicate the need for such services.
9. Follow -Up Services. Contractor will provide follow -up contact with the employee,
the treatment provider and the employee's supervisor (when referred by the same) to assure the
appropriateness of the referral.
10. Critical Incident Stress Debriefing. Contractor will provide specialized counseling
/ debriefing services ( except for Police and Fire Department personnel) in the event of a "critical
incident" while on the job. CISD to include individual / group debriefing, Management /
Supervisor consultation and follow - up services.
11. Other Direct Services. Contractor and City may agree that other wellness -type
services may be beneficial at various times based upon the identification by the parties of specified
problems or needs that may exist among the City's work force. These additional services will be
cost - estimated by Contractor on a fee - for - service basis and will be the subject of a separate
agreement between the City and Contractor.
12. Management Reports. Contractor will prepare quarterly or monthly management
reports on the caseload activities. The report shall be prepared in the form requested by the City.
The reports shall not violate the confidentiality of employee referrals and /or treatment.
13. Designated Liaison (s). The City shall appoint one or more management persons to
act as liaison(s) and principal contact person(s) with the Contractor.
14. City Cooperation. The City will cooperate in the distribution of EAP literature and
in the scheduling of employee meetings for the purpose of EAP orientation and training. The City
shall bear the cost of printing and distributing brochures and materials related to the EAP and
Contractor's services the cost of which is authorized in advance by the City.
DURATION OF AGREEMENT NOTICES AND TERMINATION
15. Term of Agreement. The duration of this agreement shall be from
1995 to /_ , 1996. This agreement may not be
termi ate either party within the rst six (6) months, except for a breach of the agreement.
Thereafter, this agreement may be terminated by either party with or without just cause upon sixty
(60) days written notice to the other party or upon notice by either party in the event of breach by
the other.
16. Notices. All notices shall be delivered via certified mail to:
"CONTRACTOR" / CRI
Care Resources, Inc.
9550 Warner Ave., Suite 228
Fountain Valley, CA 92708
"CITY"
City of Newport Beach
3300 Newport Beach Blvd.
Newport Beach, CA 92663
Attention: Director of Administrative Services
17. Termination. If either party terminates this agreement, the parties shall review all
work in progress within then (10) workdays. Contractor shall complete all work in progress
unless City shall otherwise elect. City shall pay for all work performed and all charges that are
payable within the sixty (60) day notice of termination period set forth in paragraph #14.
18. Indemnification and Insurance. Contractor agrees that it will hold city and its
officers, elected officials, employees or agents harmless of any claims, suits or damages, including
reasonable attorney's fees and cost of litigation, arising out of, or caused by, an act or omission by
the Contractor or its mental health professionals referred to in paragraph #8, in the performance of
services under this agreement. contractor shall furnish city with evidence that Contractor carries
workers' compensation insurance in accordance with the requirements of the California Labor
Code and is covered by general liability, bodily injury and property damage insurance. Such
evidence shall consist of insurance showing that the policy shall not be canceled or coverage
reduced unless 30 days prior written notice is given to the City.
19. Non - Disclosure. Contractor agrees that it will not, without prior written consent of
the City, reveal any information concerning this agreement (other than to report that there is an
agreement relating to EAP) or reveal any proprietary information about the City, its elected
officials, officers, employees, management, operations, products or services or any other
confidential information. Failure by the Contractor to comply with provisions of this paragraph
shall constitute a breach of this agreement.
20. Payment Schedule. The total fee to be paid to contractor by the City for
Contractor's services under this agreement shall be as follows:
A. Two dollars ($2.00) per month per each active employee of City. An active
employee shall mean a non - temporary or non - probationary employee actually working 2080 hours
per year. All eligible employees and their dependents will receive Employee Assistance. Programs
services.
B . Payment by the City shall be made not later then ten (10) work days after
the first day of each month during which this agreement is in force.
21. Referral Fees. Fees and charges for services by individuals or agencies to which a
City employee or family member is referred by contractor are the sole responsibility of the
employee and each employee referred by Contractor shall be so informed at the time of referral.
Neither Contractor nor City will be liable for the payment of such fees or charges.
22. Confidentiality. Both parties agree that confidentiality is a key element for the
success of the EAR The confidentiality of all transactions with, and the identity of every person
utilizing EAP services, shall be strictly maintained by the Contractor.
23. Non - Assignability. The obligations of the Contractor under this agreement may not
be assigned without the prior written consent of the City.
Executed in duplicate at Newport Beach, California on the day of
1995.
City of lofAdmin ist ort Bcach
By
Director r ative Services
CARE RESOURCES, INC.
r
Martha Sue Lung
Chief Executive Director
l