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HomeMy WebLinkAboutAPS HEALTHCARE - CONTRACT - RFP - P989 EMPLOYEE ASSISTANCE PROGRAMSSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and APS Healthcare Northwest, Inc., hereinafter referred to as "Service Provider" or "APS". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the Scope of Services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 2. Time of Commencement. The services to be performed pursuant to this Agreement shall be initiated within ten (10) days following execution of this Agreement 3. Contract Period. This Agreement shall commence January 1, 2006, and shall continue in full force and effect until December 31, 2006, unless sooner terminated as herein provided. In addition, the Agreement may be extended upon written agreement of both parties for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of intent to renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. Service Provider shall notify City within thirty (30) days of receipt of such notice of intent to renew. 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. SA January 2005 EXHIBIT C SPECIAL PROVISIONS 1. Special Provisions a) Professional Qualifications. Services pursuant to this Agreement shall be provided by qualified, clinical professionals able to perform their assignments without conflict of interest. APS, in its sole discretion, shall provide such professional services either from its employees or by retaining qualified professionals as independent contractors to provide services under this Agreement. If independent contractors are utilized, APS shall nevertheless be solely responsible for ensuring that services are provided by such independent contractors as required by this Agreement. b) Legal Compliance. APS shall be required to obtain, at its sole expense, all necessary licenses and permits. Both APS and City agree to comply with all applicable local, state, and federal laws, rules, and regulations prohibiting discrimination or otherwise regulating the terms and conditions of employment. c) Confidentiality. City agrees that all participation by its employees and their dependents in programs hereunder is confidential. APS shall not disclose to City any information with respect to program participants obtained by APS pursuant to their participation in programs hereunder, except with the written consent of those participants or as required by law. APS shall have exclusive control over the direction and guidance of the professionals rendering services under this Agreement. APS agrees to keep confidential all City information obtained in the course of delivering services. Disclosure or use of PHI per terms and conditions set forth in Exhibit D, "HIPAA Health Information Privacy and Security". d) City's Rights Respecting Employees. hi entering into this Agreement, City is not relinquishing any of its rights and obligations to control any aspects of the employment relationship between City and participants in programs hereunder. APS agrees that the programs it provides for City hereunder will not be made available as a sanctuary of disciplinary immunity for employees of City. City agrees that APS shall bear no responsibility with respect to City's decisions or actions concerning discipline or termination of its employees. e) APS Proprietary Data and Materials. City agrees that all publications furnished by APS pursuant to this Agreement shall remain APS's sole property and City will do nothing to interfere with or appropriate APS's proprietary rights therein. At the termination of this Agreement, City agrees to return all such materials remaining unused to APS. Further, City agrees that it will not appropriate for its own use the systems or knowledge acquired from APS hereunder. City agrees to keep confidential and not to disclose to any such person or entity, except the employees of City and others entitled to such disclosure by law, the information and/or management reports or systems utilized by APS in discharging its responsibilities. f) City's Obligations. City agrees to cooperate with APS as necessary for APS to perform under this Agreement including, at a minimum, distributing promotional literature provided by APS to employees and their family members and providing an individual to act as a liaison. 10 2. Procedures upon Termination a) Generally. Upon termination of this Agreement, APS shall deliver to City final reports of City's program hereunder. City shall deliver to APS all unused proprietary materials. The confidentiality and nondisclosure provisions of this Agreement shall survive termination and shall remain binding upon each party. City shall pay APS for fees earned on a pro-rata basis for all services provided prior to termination. APS shall refund fees prepaid by City on a pro-rata basis applicable to post -termination periods. b) Existing Clients. City acknowledges that at the time of termination, some of its employees or their dependents may be active cases receiving services from APS and it may be unethical and/or illegal to terminate such services without providing further treatment for such clients. Prior to the termination date, APS shall furnish City with a list of the number of active cases which fall into this category, together with certification that it has examined the nature of the active cases and that further treatment is recommended. City shall allow APS to continue to provide such services on reasonable payment terms acceptable to APS or to make other clinically acceptable arrangements for continued services. 11 EXHIBIT D HIPAA HEALTH INFORMATION PRIVACY & SECURITY A. Obligations and Activities of the Business Associate (APS Healthcare Northwest, Inc.). 1. Business Associate agrees to not use or disclose Protected Health Information other than as permitted or required in the Administrative Services Agreement of which this Appendix is a part or as required by law. 2. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Appendix. 3. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Appendix. 4. Business Associate agrees to report to the Plan Sponsor (City of Fort Collins, Colorado) any use or disclosure of the Protected Health Information not provided for by this Appendix of which it becomes aware. 5. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of the Plan Sponsor agrees to the same restrictions and conditions that apply through this Appendix to Business Associate with respect to such information. 6. Business Associate agrees to make internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, the Plan Sponsor available to the Plan Sponsor, or to the Secretary, in a time and manner or designated by the Secretary, for purposes of the Secretary determining the Plan Sponsor's compliance with the Privacy Rule. 7. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Plan Sponsor to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528. 8. Business Associate agrees to provide to the Plan Sponsor or an Individual, in a reasonable time and manner, information collected in accordance with Section A.7. of this Provision, to permit Plan Sponsor to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528. B. Permitted Uses and Disclosures by Business Associate 1. Except as otherwise limited in this Appendix, Business Associate may use or disclose Protected Health Information on behalf of, or to provide services to, the Plan Sponsor for the following purposes, if such use or disclosure of Protected Health Information would not violate the Privacy Rule if done by the Plan Sponsor or the minimum necessary policies and procedures of the Plan Sponsor: performing plan administration functions, obtaining premium bids from insurance companies or other health plans for providing insurance coverage under or on behalf of the group health plan, or modifying, amending, or terminating the group health plan. 12 2. Except as otherwise limited in this Appendix, Business Associate may use Protected Health Information to provide data aggregation services to the Plan Sponsor as permitted by 42 CFR § 164.504(e)(2)(i)(B). 3. Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with § 164.5020)(1). C. Obligations of Plan Sponsor 1. Plan Sponsor shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that the Plan Sponsor has agreed to in accordance with 45 CFR § 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information. 2. Plan Sponsor shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by Plan Sponsor. D. Termination 1. In addition to the termination provisions set forth in the Administrative Services Agreement of which this Appendix is a part, the following termination provisions are applicable: a. Upon the Plan Sponsor's knowledge of a material breach by Business Associate of this Appendix, the Plan Sponsor shall either: i. Provide an opportunity for Business Associate to cure the breach or end the violation and terminate the Administrative Services Agreement of which this Appendix is a part if Business Associate does not cure the breach or end the violation within the time specified by Plan Sponsor; or ii. Immediately terminate the Administrative Services Agreement of which this Appendix is a part if Business Associate has breached a material term of this Appendix and cure is not possible; or iii. If neither termination nor cure are feasible, the Plan Sponsor shall report the violation to the Secretary. E. Effect of Termination 1. Except as provided in paragraph (2) of this section E, upon termination of the Administrative Services Agreement of which this Appendix is a part, for any reason, Business Associate shall return or destroy all Protected Health Information received from the Plan Sponsor, or created or received by Business Associate on behalf of the Plan Sponsor. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. 2. In the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall provide to the Plan Sponsor notification of the conditions that make return or destruction infeasible. Upon the Plan Sponsor's agreement that return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of this Appendix to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information. 13 F. Miscellaneous 1. The Parties agree to take such action as is necessary to amend this Appendix from time to time as is necessary for Plan Sponsor to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. 2. The respective rights and obligations of Business Associate under Section E of this Provision shall survive the termination of the Administrative Services Agreement of which this Appendix is a part. 3. Any ambiguity in this Appendix shall be resolved to permit the Plan Sponsor to comply with HIPAA. G. Security Standards 1. Business Associate agrees that it will implement policies and procedures to ensure that its creation, receipt, maintenance, or transmission of electronic protected health information ("ePHI") on behalf of Plan Sponsor complies with the applicable administrative, physical, and technical safeguards required to protect the confidentiality and integrity of ePHI under the Security Standards 45 CFR Part 164. 2. Business Associate agrees that it will ensure that agents or subcontractors agree to implement the applicable administrative, physical, and technical safeguards required to protect the confidentiality and integrity of ePHI under the Security Standards 45 CFR Part 164. 3. Business Associate agrees that it will report security violations to the Plan Sponsor. H. Definitions 1. "Protected Health Information" shall have the same meaning as the term "protected health information" in 45 CFR § 164.501, limited to the information created or received by Business Associate from or on behalf of the Plan Sponsor. 2. "Secretary" shall mean the Secretary of the Department of Health and Human Services or his designee. 14 Client#- 210160 APSHFA ACORD-CERTIFICATE OF LIABILITY INSURANCE DATE 1 04114/ 6D PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION '"?achovis Insurance Services, Inc. 01 H Street, NW 7th Floor ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Washington, DC 20005 202 783-5810 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Hartford Casualty Insurance Company 29424 APS Healthcare, Inc. INSURERB: Hartford Fire Insurance Company 19682 8403 Colesvllle Road, Suite 1600 Silver Spring, MD 20910 INSURERG INSURER a INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ry TYPE OF INSURANCE POLICY NUMBER DATEEFFEONYI PDA E (MM1O TYI LIMITS A GENERAL LIABILITY 42UENAC1551 04/15/06 04/15107 EACH OCCURRENCE $1 D ROOD X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDros, $300000 CLAIMS MADE a OCCUR MED EXP (Any one parson) $10 000 PERSONAL S ADV INJURY $1 000 60 GENERAL AGGREGATE s2,000.000 GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY PECTRO LOC A AUTOMOBILE LIABILITY ANY AUTO 42UENAC1551 04115106 04115107 COMBINED SINGLE LIMIT (Ea accident) $1000000 r , BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNEDAUTOS PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO 0 $ AUTO ONLY: AGG A EXCESSNMeRELLALIABILITY 42HHUUG5563 04115106 04/15107 EACH OCCURRENCE $56006 X OCCUR CLAIMS MADE AGGREGATE $5 000 06 $ $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND 42W6PB7626 04/15/06 04/15/07 TH- X VJC SLIMIT OER EMPLAYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTNE OFFICEPJMEM13ER EXCLUDED? E.L. EACH ACCIDENT S500OOO E.L. DISEASE -EA EMPLOYEE $500000 S yat deecdbe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $500 06 OTHER -T DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Evidence of Insurance. Insurance will be renewed with similar coverages on April 15, 2006. City of Fort Collins Fort Collins, CO 80522 ACORD 25 (2001108) 1 of 2 ffM100529A ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION IEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3111 WRITTEN TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED $EPRESENTATIVE AAA1111 o ACORD CORPORATION 198f 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least thirty (30) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider City: With Copy to: APS Healthcare Northwest, Inc. City of Fort Collins City of Fort Collins Attn: Justin Crail Purchasing Division Human Resources 3011 Palmer Court P.O. Box 580 P.O. Box 580 Missoula, MT 59808 Fort Collins, CO 80522 Fort Collins, CO 80522 With Copy to: APS Healthcare Northwest, Inc. Attn: General Counsel 8403 Colesville Road Suite 1600 Silver Spring, MD 20910 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, such sums, at such times, and under such conditions as set forth in Exhibit B, "Scope of Coverage, Rates and Payments." 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. SA January 2005 2 8. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. Notice of default shall be provided in writing to the defaulting entity. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences, and prevails in, legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. sn January Zoos 3 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. The Service Provider shall not indemnify or hold harmless the City, its officers, agents and employees if the injury, death or damage is due in any part to any action or inaction by the City or if the Service Provider relied on any statements made by a City officer, agent or employee. b. The Service Provider shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and medical professional liability insurance, including counseling, with limits of $1 million dollars per occurrence and $2 million dollars annual aggregate. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain commercial general liability insurance coverage naming the City as an additional insured under this Agreement. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. SA January 2005 4 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C, consisting of two (2) pages, and Exhibit D, consisting of three (3) pages, attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO a municipal corporation Byfl� (_)4kZQQ P Jaryres A. O'Neill II, CPPO, FNIGP Dir c of Purchasing and Risk Management A. Paul Holdren PRINT NAME CORPORATE P ESIDENT OR VICE PRESIDENT Date: May 1, 2006 A ST: A. LAr-A b lox) (Corporate Baal) E SE SA January 2005 1= EXHIBIT A SCOPE OF SERVICES 1. EAP General Program Services City wishes to provide an Employee Assistance Program (EAP) for its approximately 1450 employees through which employees and their dependents are able to obtain appropriate and necessary care, including confidential counseling, assessment and referral, for substance -abuse, psychological, work, marital, family, grief, depression, financial, legal or other personal problems that may interfere with their productivity and general well-being APS will provide all services in accordance with generally accepted standards and practices for employee assistance programs of similar scope and size and includes the following services: a) Maximum of Eight (8) 50-minute counseling sessions including an initial evaluation to identify problems, with follow-up contact as deemed appropriate by the counselor. APS agrees to provide a maximum of counseling sessions (hours) per incident per year for each eligible employee and their family members. A counselor may deem it necessary to hold longer sessions to facilitate the needs of the client. If session length is extended, the number of sessions is reduced to equal a maximum of counseling hours. b) A plan of assistance, including referral to outside agencies, for employees and their dependents who seek assistance through the EAP. Dependents, also referred to as eligible family members, are those individuals living with the employee or eligible for coverage under the employee's health insurance policy maintained through the Employer. Fees incurred by any employee or family member at agencies other than APS are not included in the EAP coverage and are the full responsibility of the employee or eligible family member. c) Twenty-four hour, seven-day per week, toll -free telephone crisis counseling. There must be a short response time to initial phone call. APS must have the resources to be able to schedule an appointment for non -crisis situation within three (3) business days. If it is an emergency situation, APS must have the resources to schedule an appointment within twenty-four (24) hours. d) Follow -Up APS must have a system in place to provide effective 100% follow-up with employees and their dependents who have utilized the EAP to ensure that the services provided were appropriate and effective. e) Internet Access. APSHelpLink is a life management tool to help with behavioral health problems, child and elder care concerns, and work -life issues. Self—help tools help individuals clarify problems and plan ways to resolve them independently. fl Unlimited telephonic management and supervisor consultation g) Legal consultation — first 30 minutes free per issue, telephonic or in -person 0 h) Financial resources — first 30 minutes free per issue i) Enhanced Child and Eldercare Services, unlimited telephonic with a counselor or on-line Child/eldercare specialist performs the intake. Client can also choose to do the intake through the website or an EAP counselor. Members receive five (5) pre-screened resources and fulfillment packages sent by priority mail. j) Standard Utilization Reports Quarterly and year-to-date standard utilization reports. The reports will not indicate the names of employees using the service. Occasionally, the Employer may request special (non-standard) reports from APS. APS agrees to hand -deliver a utilization report in -person at least annually. Occasionally, City may request special (non-standard) reports from APS. The formats, frequency, and price for the special (non-standard) reports shall be negotiated by and agreed to in writing by both parties. k) Training, Orientation and Promotion of the EAP by making the following available: (1) Annual orientation for employees and supervisors at no extra cost, and annually thereafter as requested by Employer; Act as a resource for training information and referrals. Possibly visit City worksites to become familiar with employees and City functions. (2) Employee brochures and/or wallet -sized cards for current and new employees with EAP phone number and process for using the services distributed at orientation sessions. (3) Supervisor manuals provided for distribution. (4) EAP promotional materials provided to City, as needed, for distribution to the employee's family (promotional materials may be in the form of electronic payroll inserts, newsletters, articles, informational posters or brochures). (5) Posters displaying a toll -free hotline telephone number to reach an EAP counselor 24 hours per day. (6) Additional services which the parties may agree to as outlined below. 1) In order to conduct the employee assistance program, APS will provide and maintain, at its own expense, all office equipment and other equipment and other equipment necessary for the administration of its services. APS shall employ or retain, at its sole expense, appropriate staff that will provide the services included in the scope of services. City employees must have access to qualified therapists, alcohol/drug abuse programs, financial and legal resources, support groups, etc. within City's geographic area. m) Add providers at the request of the employer, employee, or actual provider with respect to the provider meeting APS credentialing criteria. n) Provide the same active employee EAP services to COBRA participants at no extra cost. 2. Optional Services Provided on a fee -for -service basis at the request of the City . Services Description Fees Expenses Topical Topical Training, also called "Brown Bag $150 per hour of travel and Training Lunch" Programs, is brief (typically one -hour) training. expenses introductions to relevant and timely topics. The included City may select from a list of topics or request a $45 per hour of custom -developed program. Training is held in custom program the workplace or at a specified site. development CISD Critical Incident /Stress Debriefing May be used as travel and part of the 12 hours of wellness expenses and education included seminars OR $200 per hour per staff person DoT $750 per Substance evaluation Abuse Evaluations Conflict $150 per session travel and Resolution hour expenses included Customized City may desire to add City's name and/or logo Incremental cost literature and to APS's literature and promotional items or may to APS plus 10% promotional desire to create custom literature and promotional admin. fee items items. EXHIBIT B SCOPE OF COVERAGE, RATES AND PAYMENTS Rates 01/01/2006 —12/31/2006 $2.235 01/01/2007 — 12/31/2007 $2.235 O1/01/2008 — 12/31/2008 4% increase or CPI, whichever is less O1/01/2009—12/31/2009 4% increase or CPI, whichever is less City shall compensate APS at a rate of $2.235 per employee per month for 1-8 sessions per incident model, internet access, 12 wellness and education seminars, and web -based and enhanced child and eldercare services provided by APS which are included in the Agreement. Renewals and pricing changes shall be negotiated by and agreed to in writing by both parties at the time of renewal. The parties agree that the rate is firm and not subject to any refunds, rebates, or other changes unless agreed to in writing. 2. Payments City will pay APS on a monthly basis in advance of the service period.