SOLUTIONS EAP EMPLOYEE ASSISTANCE PROGRAM AGREEMENT

Transcription

1 SOLUTIONS EP EMPLOYEE SSISTNCE PROGRM GREEMENT This EMPLOYEE SSISTNCE PROGRM GREEMENT (the "greement") is effective on March 18, 2014, by and between EILEEN MCCNN, L.C.S.W., C.E..P. with its principal office at 1621-D Metropolitan oulevard, Tallahassee, Florida (hereinafter referred to as "The EP") and GDSDEN COUNTY ORD OF COUNTY COMMISSIONERS with its principal mailing address at PO ox 920, Quincy, FL (hereinafter referred to as "The Company"). WHERES, the parties wish to enter into an greement under which The EP will administer a program and provide certain services to assist The Company employees, to be called the Employee ssistance Program (EP). NOW, THEREFORE, in consideration of the mutual duties, covenants and obligations of the parties, the Company and the EP hereby agree as follows: I. General Provisions The EP will provide and furnish assessment and referral services to employees of the Company and members of their immediate families who either have been referred to the EP by the Company or have requested such services independently. The purposes and goals of the EP program are as follows: 1 To guide, counsel and assist employees referred to the EP by Company managers or supervisory personnel who seek assistance as a self- referral, through assessment, brief counseling and, when necessary and appropriate, a referral to a local provider for a course of treatment. 2 To train The Company managers and other personnel with supervisory responsibilities to identify employees with impaired job performance, who have not responded to ordinary supervisory counseling or discipline. 3 The EP will make referrals to other agencies, where appropriate, in cases where problems presented are beyond the scope of the EP staff s usual capabilities and would be better addressed or treated by a separate treatment provider or agency.

2 II. The EP covenants and agrees to perform the following services: Direct Services: 1 Initial EP assessment, short-term counseling, (up to three (3) counseling hours per contract year) and referral services to employees at no charge to the employee. Ongoing treatment costs after referral are to be the responsibility of the employee. EP does not include psychiatric evaluations as part of the three sessions. 2 Non-emergency appointments will be scheduled within five working days of initial request for services. 3 Emergency evaluation and crisis counseling on an as needed basis. 4 Monitor and track the attendance in treatment of those employees referred for job performance problems; regularly communicate with the EP Coordinator at GDSDEN COUNTY ORD OF COUNTY COMMISSIONERS regarding attendance and compliance with treatment recommendations. Supervisory Referrals may receive up to 6 sessions. (This information is provided only if an appropriate release of information has been signed by the employee.) Consultation and Training: 1 ssist with the review and continued development of the employer statement of philosophy, personnel policy, and procedures regarding EP use and benefits. Review of leave policy, confidentiality procedures, and pertinent employment issues. 2 Develop effective promotional materials to enhance employee awareness of EP. 3 Train senior management and supervisors in identification and effective referral strategies for employees with work performance problems. 4 When requested, consult with EP Coordinator regarding workplace and employee issues. 5 Upon request, provide wellness seminars designed to promote EP awareness and improve employee health and lifestyle choices. Topics will

3 also promote increased awareness of aspects of current laws as they apply to workplace/management issues. C Resource Development: The contractor will maintain an assessment and referral service which consists of a network of local treatment specialists, other professionals, and service agencies. D Communication ccess: The EP will maintain commercial telephone numbers available to clients and managers. Prime service telephone and personal consultation will be 8:00.M. to 5:00 P.M., Monday through Friday. Twenty-four (24) hour emergency assistance will be available. III. GDSDEN COUNTY ORD OF COUNTY COMMISSIONERS covenants and agrees as follows: C It will designate an administrator/manager who will be the EP Coordinator of the Company and liaison with The EP consultant. The Company will promote awareness of the EP through internal communications and by top-level management endorsement. The Company will compensate the EP for the services described above as follows: The total annual sum of $4, is payable for the provision of off-site, external EP counseling services, consultation, training and promotional materials. This sum is based on an employee count of 200. oth parties agree if there is a 10% increase or decrease in number of employees The EP will be informed and the cost adjusted. E (1) The term of this greement shall be for 12 months, from March 18, 2014 through March 18, Either party may terminate this greement upon 45 days written notice to the other. In the event of termination, the basic charge will be prorated. (2) If the State of Florida enacts a law which prohibits the continuance of this agreement or an existing law is interpreted to prohibit the continuance of this agreement, this agreement shall terminate automatically on the effective date of such law or interpretation. However, if only a portion of this agreement is 3

4 prohibited by law, only that portion of the agreement shall be affected and this agreement shall be construed as if such invalid or unenforceable provision were omitted. (3) Notice of termination as stated above in (1) shall be sent to the individual identified and authorized to accept notice under this agreement. Notice may be transmitted by certified mail, facsimile, or hand delivery. F GDSDEN COUNTY ORD OF COUNTY COMMISSIONERS reserves the option to extend this contract upon satisfactory completion of the effective period of this agreement. If GDSDEN COUNTY ORD OF COUNTY COMMISSIONERS exercises the option to renew this contract, or any portion thereof, the renewal will be on a yearly basis for a period of up to two (2) years or for a period no longer than the term of the original contract, whichever period is longer. ll terms and conditions of the original contract will pertain to the renewal period except that THE EP reserves the right to abandon a final percent discount on the annual sum due. ny extension may be accomplished by a letter from GDSDEN COUNTY ORD OF COUNTY COMMISSIONERS to THE EP prior to the February 28 deadline. IV. INDEMINFICTION The EP shall indemnify the Company, its affiliates, and their respective directors, officers, employees (acting in the course of their employment) and agents, and hold the Company harmless against any and all losses, liabilities, penalties, fines, costs, damages, and expenses that EP incurs, including reasonable attorneys fees, which arise out of the EP s gross negligence or willful misconduct in the performance of the EP s obligations under this agreement or the EP s material breach of this agreement, as determined by a court or tribunal having jurisdiction of the matter.. The Company is a political subdivision of the State of Florida that possess sovereign immunity except for the limited waiver of such rights as stated in Section , Florida Statutes. y entering into this agreement the Company does not intend and in no way waives any sovereign immunity rights that it possesses. V. COMMUNICTION Notices or communications shall be sent to: Gadsden County oard of County Commissioners ttn: rthur L. Lawson, Sr. 4

5 9- East Jefferson St. Quincy, Florida VI. OTHER PROVISIONS C D E The records of clients and other persons serviced by the EP will be treated as confidential, in compliance with state laws governing the confidentiality of patients' medical records, and federal laws where applicable, subject, however, to valid compulsory legal process and the rulings of court having jurisdiction of the matter in the event records are subpoenaed. The Company recognizes that the EP has no obligation to provide services to employees beyond the emergency services as set forth above, assessment, brief counseling, and referral to other agencies or providers where appropriate. The employee will be responsible for the costs of any and all services of any other agency or provider to which the client has been referred for assistance. The obligations of the EP under this greement shall not be assigned without the prior written consent of the Company. The EP agrees to provide its services in a facility which is licensed by proper state authorities and it will be provided by mental health care professionals with appropriate licenses, certificates or other credentials. The parties agree that The EP is an independent contractor in performing its obligations hereunder. In no event will the Company be liable for any injury or damages to employees or members of their families or others arising out of any acts or omissions of the EP in performing its services under this greement. The EP will not be liable for any injury or damages to employees arising out of any acts of omissions by the Company under this greement. F. The EP acknowledges that during any fiscal year the Company shall not expend money, incur any liability, or enter into any agreement which by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. ccordingly, any agreement, verbal or written, the Company may make in violation of this fiscal limitation is null and void, and no money may be paid on such agreement. The Company may enter into contracts whose duration exceeds one year; however, any such agreement shall be executory only for the value of the services to be rendered which the Company agrees to pay as allocated in its annual budget for each succeeding fiscal year. G. This agreement shall be governed by the laws of the State of Florida. ny 5

6 litigation with respect to this agreement shall be brought in the courts of Gadsden County, Florida. No delay or failure of either party in exercising any right hereunder shall be deemed to constitute a waiver of that right. There are no intended third party beneficiaries of this agreement. The headings in this agreement are for reference only and shall not affect the interpretation or construction of this agreement. IN WITNESS WHEREOF, the parties have caused this greement to be duly executed by their duly authorized representatives as of the 18 th day of March, EILEEN MCCNN, L.C.S.W., C.E..P. y: Eileen McCann, EP Director/Owner Solutions EP GDSDEN COUNTY ORD OF COUNTY COMMISSIONERS y: Title: 6

7 IN WITNESS WHEREOF, the parties have caused this greement to be duly executed by their duly authorized representatives as of the 18 th day of March, EILEEN MCCNN, L.C.S.W., C.E..P. y: Eileen McCann, EP Director/Owner Solutions EP GDSDEN COUNTY ORD OF COUNTY COMMISSIONERS y: Title: 7