HomeMy WebLinkAboutAGREEMENT WITH CHARLES NECHTEM ASSOCIATES, INC. AS EMPLOYEE ASSISTANCE PROGRAM (EAP) PROVIDER Associates Inc.
Contract& Agreement Between
Charles Nechtem Associates,Inc.
And
Augusta, GA
l. Charles Nechtem Associates,Inc. (CNA)agrees to provide services as set forth in the proposed Employee
Assistance Program(EAP)for Augusta,GA whose principal place of business is 535 Telfair Street,
Augusta,Georgia 30901. Augusta,GA agrees to accept the services and pay for them in the amount set
forth in this agreement.To set forth the details of the services and obligations of the parties,CNA and
Augusta,hereby agree:
SCOPE AND OBJECTIVES
1. CNA hereby is retained by Augusta,GA to establish and administer an EAP to Augusta,GA employees
and eligible family Employees.CNA represents that its work will conform to such standards of professional
ethics and practice as may be applicable during the term of this Agreement and in accordance with all
applicable federal and state statutes and regulations.
2. The purpose of the EAP is to assist employees working through the stressors of day-to-day life and provide
crisis intervention and critical incident debriefing. These stressors often include balancing work and family
life;health and wellness;and conflict in interpersonal relationships.EAP counselors may provide
counseling and,or,encourage employees to proceed with a course of assistance by referring employees to
supportive or medical organizations.
3. CNA will provide assistance to employees of their own volition.CNA and Augusta,GA will adopt
safeguards to assure the EAP counseling is conducted in a manner that preserves the privacy of employees
and to assure that conversations and other contacts between CNA and employees remain confidential.
4. When an Augusta,GA refers an employee to the EAP under the Terms of a"Conditions of Employment"
agreement signed by the employee and an Augusta,GA representative,CNA will provide continuous
follow-up,as necessary,to monitor referred employees'adherence to the agreed course of treatment.CNA
will make progress reports to Augusta,GA on employees they refer to the EAP. Such reports will be
limited to reporting whether or not the employee is cooperating with the treatment program.
REPORTS TO AUGUSTA,GA:
5. CNA will prepare quarterly reports to Augusta,GA detailing employee usage of the EAP,so long as the
confidentiality of the employees is not jeopardized.
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DURATION OF AGREEMENT:
6. The term of this Agreement shall be for a period of three(3)years beginning on September 1,2017 and
ending on August 31,2020("Initial Term").At the end of the Initial Term,this Agreement will be
automatically renewed annually for a maximum of two years under the same terms and conditions unless
either party gives the other party ninety(90)days written notice prior to the end of the Initial Term of its
intention to terminate this Agreement. Written notice of non-renewal of this Agreement must be provided
by certified mail.
NOTICES:
7. Any notice required hereunder will not be effective, unless in writing, signed by an authorized
officer of the party delivering such notice, and sent by certified mail or recognized overnight
carrier to the signatories below.
INSURANCE AND INDEMNIFICATION:
8. A.Insurance.CNA shall,during the term of this Agreement and any renewal terms,insure at its own
expense its activities in connection with this Agreement and maintain professional liability insurance or an
equivalent program of self-insurance for bodily injury,property damage and personal injury in an amount
no less than One Million Dollars($1,000,000.00)each occurrence,with a general aggregate of Two Million
Dollars($2,000,000.00). Policy holder.All such policies shall provide for at least ten(I i)days written
notice to Augusta,GA cancellation or diminution in coverage of said policy. CNA shall provide
certificates of insurance to Augusta,GA.
9. B.Indemnification.CNA agrees to defend and hold Augusta,GA its directors,officers,and employees
and agents harmless from and against all claims,demands,suits,liabilities and causes of action of every
kind and character, including the reasonable costs of defense,of any nature hereafter arising in favor of or
asserted against Augusta,GA arising out of or resulting from CNA's performance or lack thereof under this
Agreement,including administration of the EAP,whether occasioned by CNA or any officer,director,
employee or agent of CNA.Augusta,GA to defend and hold CNA its directors,officers,employees and
agents harmless from and against all claims,demands,suits, liabilities and causes of action of every kind
and character, including the reasonable costs of defense,of any nature hereafter arising in favor of or
asserted against CNA arising out of or resulting from Augusta,GA performance or lack thereof under this
Agreement.
NON-DISCLOSURE:
10. CNA agrees that it will not without the prior written consent of Augusta,GA(I)reveal any information
concerning this Agreement(except as provided in paragraph 15),(11)reveal any proprietary information
about Augusta,GA its officers,its employees,management,operations,products or services,or any other
confidential information whatsoever to any person to whom such information is not necessary in connection
with the performance of this Agreement,or(ill)release any publicity or advertising concerning this
Agreement(other than to report or state that there is an Agreement and that it relates to an employee
assistance program).
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CONFIDENTIALITY:
11. All parties acknowledge that confidentiality is a key element of the Employee Assistance Program.
12. The confidentiality of all transactions with and identity of every person referred to,or voluntarily seeking
the support of,the Employee Assistance Program will be maintained by all parties.
FEES AND PAYMENTS:
• Charles Nechtem Associates,Inc.will provide to Augusta,GA employees or eligible family members at a cost
of$ I.18 per employee per month payable monthly.
• Augusta, GA agrees to provide CNA with yearly updated employee counts. Fees to be paid by Augusta,
GA to CNA shall be adjusted to reflect the updated employee counts.EAP service includes:
• I -5 face-to-face EAP sessions per issue/per year for all employees and household members
• 24/7 unlimited 1-800 phone counseling for all employees and their family members
• 24/7 E-counseling for all employees and their family members
• Work-Life Services(Legal,Financial,Child care and eldercare)
• On Site EAP Orientation sessions for employees and supervisors
• Fee includes posters,brochures and wallet cards
*Additional Trainings are available upon request. Rates are dependent on type and length of
training requested*
TERMINATION:
13. Augusta, Georgia may terminate this contract in whole or in part at its own convenience
with written 30 days notice.
14. Upon default of any part of this agreement Augusta,Georgia may terminate this
contract upon written 30 days notice.
IN THE EVENT OF TERMINATION OF THIS AGREEMENT:
15. Promptly review all work in progress.CNA shall be responsible only for any work commenced prior to
the termination date and any and all charges which may be due and payable at the termination date shall be
paid within 30 days of termination date by Augusta,GA except where the contract has been canceled by
Augusta,GA.
16. CNA will provide such services and assistance as may be necessary promptly to transfer in confidence all
records of services rendered and work in progress provided under this Agreement,to any third party upon
written instruction from Augusta,GA.
17. If CNA is required to reveal the contents of this Agreement in the course of its normal relationship with its
banks or financial institutions, it may do so without further approval of Augusta,GA.
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18. This Agreement may be amended or modified in writing,provided such amendment or modification is
acknowledged and agreed to in writing by the party against whom such amendments or modifications are
made.In the event of a conflict between the terms of the Proposal and of this Agreement,the terms of this
Agreement shall govern.
MISCELLANEOUS:
19. CNA shall not be responsible for delays,disruptions,or temporary lack of service from telephone
companies or related vendors. When such events have abated,the parties' respective obligations
hereunder shall resume.
FACSI MILE OR SCAN/COUNTERPARTS:
20. Facsimile or electronically scanned transmission of an executed copy of this Agreement or any
amendments hereto shall be accepted as evidence of a party's execution ofthe Agreement or amendment.
This Agreement may be executed in multiple counterparts,each of which shall be deemed an original.
FORCE MAJEURE:
21. No failure,delay or default in performance of any obligation of CNA shall constitute an event of default
or breach of the Agreement to the extent that such failure to perform,delay or default arises out of a
cause,existing or future,that is beyond the control and without negligence of CNA,including,but not
limited to:action or inaction of governmental,civil or military authority;fire,strike,lockout or other
labor dispute;flood,war;terrorism;riot;theft;earthquake and other natural disaster.
NON-ASSIGNABILITY:
22. The obligation of CNA under this Agreement may not be assigned without the prior written consent of
Augusta,GA.
GOVERNING LAWS,JURISDICTION,AND VENUE:
23. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia
and venue shall be Augusta,GA Richmond County.
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ENTIRE AGREEMENT:
24. This Agreement,together with the Schedule A attached hereto,shall constitute the entire Agreement
by and between the parties with respect to the subject matter hereof. There are no promises,terms,
conditions,or obligate ions other than those contained herein and,this Agreement shall supersede all
prior and contemporaneous communications,representations or agreements,either verbal or written,
by and between the parties hereto,all of which are merged herein.
IN WITNESS WHEREOF,this contract&Agreement has been duly executed by the parties hereto on the day and
year as set forth below.
Charles Nechtem Associates,Inc. Augusta,GA—The Honorable Hardie Davis Jr., Mayor
f. dr" 07:.1,1%..
Charles Nechtem, P -sident
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SCHEDULE A
EAP COVERED SERVICES
• Phone counseling: 1-800-531-0200 Phone counseling services available 24 hours a day, 7 days a
week,365 days a year with immediate access to Master's and Ph.D. level clinicians without the use
of hold or transfer services for all employees and their family members
• E counseling: unlimited e counseling for all employees and their
family members
• Crisis Intervention/Critical Incident Debriefing: CNA will provide crisis intervention and critical
incident debriefing as and when determined necessity by Augusta, GA.
• Immediate access to English, Spanish and French speaking therapists with other languages upon
request.
• Mandatory referrals: Such referrals include providing confidential feedback to Augusta,GA as to
proposed treatment plan and whether or not employee is in compliance of such plan and any"last
chance agreement"terms.
• EAP Brochures,Wallet Cards and Posters: CNA provides English and Spanish EAP brochures,
wallet cards and posters throughout the life of the contract at no additional charge
• Provider network: Provider network of over 100,000 social workers, psychologists and
psychiatrists,Network providers are closely monitored through employee satisfaction surveys,and
our provider relations department ensures that all providers are properly licensed and meet all
individual state requirements.
• Account Management: CNA will assign an account manager who will serve as the contact
person and provide Augusta,GA with reports and feedback on the program
• Monthly English and Spanish E-Newsletters on EAP and Work/Life Topics: The newsletter
promotes the EAP as a free employee benefit and provides current information about health issues. It
also serves as a monthly welliess newsletter. The newsletter will be sent to a designated Augusta,
GA employee, who can then forward them to employees and family members
• Management Consultation Services: Consultation is available to all supervisors and managers.
The counselors of CNA generally work with managers who are dealing with employee issues that
have not been responsive to normal management interventions. We believe that one key to the
success of an employee assistance program is its support for human resource professionals and
supervisory staff in intervening with employees when personal problems are affecting their job
performance.
• Supervisor Consultation: CNA professionals are available to provide technical support and
policy-based information to supervisors and managers ofAugusta,GA.
• Utilization Reports: CNA will provide Augusta,GA with quarterly utilization reports at no
additional fee.
• Work/Life Services: Charles Nechtem Associates, inc. provides employees and their family
members online access to work/life information and referral services on several topics.
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• Work/Life assistance on a variety of topics including:
o Smoking Cessation o Alcohol/Substance Abuse
o Stress Management o Meditation and Relaxation
o Creative Visualization o Time Management
• Financial Referral services on issues such as:
o Budgeting o Bankruptcy
o Foreclosure o Credit Counseling
• Legal Referral services on issues such as:
o Divorce o Family Law
o Child Custody o Wills and Probate
o Child Support
• Child and Elder Care Referral services for assistance with:
o Adoption o Housing Options
o Parenting and Childcare o Adult Day Programs
o Education and School Age o Understanding Medicare and
Programs Medicaid
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