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2002-042 To authorize the execution of an Agreement between the Township of Oro-Medonte and LINK EMPLOYEE ASSISTANCE PROFESSIONALS INC. I., ' . e - -- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-042 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND LINK EMPLOYEE ASSISTANCE PROFESSIONALS INC. WHEREAS the Municipal Act, R.5.0. 1990, c.MAS, Section 207, Subsection 48, as amended, provides that municipalities may enter into agreements for the payment of health insurance expenses; AND WHEREAS the Council of the Township of Oro-Medonte deems it necessary and desirable to pass a By-law to authorize the Mayor and Clerk to execute an agreement with LINK Employee Assistance Professionals Inc.; NOW THEREFORE the Council for The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to sign an agreement between the Corporation of the Township of Oro-Medonte and LINK Employee Assistance Professionals Inc., said agreement attached hereto as Schedule 'A' and forming part of this by-law. 2. THAT this by-law come into full force and effect upon final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF APRIL, 2002. BY-LAW READ A THIRD AND FINAL TIME THIS 13TH DAY OF APRIL, 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Ma '"' ..<< e e e 'I . . .~ , LINK EMPLOYEE ASSISTANCE PROFESSIONAl.S INC. AGREEMENT FOR EMPLOYEE ASSISTANCE PROGRAM PROGRAM CLIENT NUMBER: 10177 PROGRAM CLIENT NAME: The Corporation of the Township of Oro-Medonte PROGRAM EFFECTIVE DATE: May 1,2002 PROGRAM DESCRIPTION: Premier INITIAL TERM: Two Years EXPIRY DATE: April 30,2004 DEFINITIONS: "Program Client" wherever used in this agreement means the company who employs the individuals covered by the EAP Program. "The Company" wherever used in this agreement means the service provider LINK EMPLOYEE ASSISTANCE PROFESSIONALS INC. "EAP Program" wherever used in this agreement means all services agreed to by the Program Client to be the services provided by The Company during the effective period of this agreement. "Employee" wherever used in this agreement means any individual employed by the Program Client who will use. this EAP program. Employee can be full or part-time, depending on the agreement between The Company and the Program Client. "Family" wherever used in this agreement will apply to the employees' spouse (unless separated or divorced) and/or any children under the age of twenty-one and residing at the same place of residence as the employee or under the age of 25 and attending full time college/university_ In consideration of the payment in advance of the premium of the amount and in the manner set forth herein, The Company agrees to provide program coverage for certain persons of the Program Client who are designated herein (here after called employees) for whom application is made by the Program Client. All periods of time under this agreement begin and end at 12:01 a.m. Standard Time, at the address of the Program Client. Township ofOro-Medonte Contract 10177 e e e (2) This program may be renewed only with the consent of The Company for further consecutive terms upon payment of the premium at the rate and in the amount determined by The Company at the time of renewal. The first day of each such term shall be the premium due date. All subject to the provisions on the following pages which together with this page shall constitute the agreement. In witness whereof, The Company and the Program Client have caused this agreement to be executed by their authorized representatives. LINK Employee Assistance Professionals Inc. (The C pany) Title Authorized Signature The Corporation of the Township of Oro-Medonte (The Program Client) ~< b ('kW. Ma or =--u-- Neil Craig Marilyn Pennycook Dated at Oro this of 2002 Township of Oro-Medonte Contract 10177 e . - . , (3) PREMIER PROGRAM Attached to and forming part of Agreement for Program Client number: 10177 Rate per employee per month $3.17 Counselling sessions per employee Unlimited - access to 24-hour crisis telephone line - in person assessment - referral as necessary to specialist - post counselling follow-up - four newsletters per year - identification cards and introduction information - initial employee and management introduction seminars - posters for use in workplace Agreement to define employee as: all full and part-time employees only. all full and part-time employees and their immediate family members. all full time employees only. X all full time employees and their immediate family members Township of Oro-Medonte Contract 10177 e e e " (4) DEFINITIONS OF PROGRAM TERMS 24 HOUR CRISIS LINE Employee may call this toll free (800) number at any time, 24 hours per day, seven days per week. The line will be answered by a counsellor who will listen to the presenting problem, intervene if an immediate crisis is present. offer direction to community resources at the employee's location, or arrange for an in person assessment at the earliest time possible depending on the counsellors evaluation of the seriousness of the problem. IN PERSON ASSESSMENT If referred for personal assessment the employee (or immediate family member) will be seen by a certified counsellor whose training and experience in assessment meets the criteria of LINK EAP. This counsellor will be either an employee of the Company or one contracted in that area for such services. REFERRAL If, after assessment, the counsellor feels the individual will benefit from receiving counselling sessions. said counsellor will arrange for such services. If the counsellor feels that the employee needs could be best met by his/her self then the counsellor will be retained. In the event that another counsellor in a different field would best meet the employee's needs then a referral would be made. The assessment counsellor will continue to monitor the employee's progress to assure that needs are being met. NUMBER OF COUNSELLING SESSIONS The number of sessions is determined by the agreement between the Program Client and The Company (see page 3). Additional hours of counselling may be necessary in order to meet the employee's needs. Cost of extra hours would be met solely by the employee or supplemented by the Program Client and will be at the rate set in Schedule" A". In the event of the latter this would be negotiated after written permission has been given by the employee. Determination of the need for additional hours will be made on a case basis after consultation between the primary counsellor and the Company Program Director. The number of counselling sessions agreed to on the Premier plan will include no more than one legal and two financial counselling sessions per problem. POST COUNSELLING FOLLOW-UP Any employee that has completed a counselling session will be contacted by the Company selected counsellor at a time approximately 3 months after completion of sessions to ensure that the goals of the session were met. As always. each employee's needs will be considered individually and the Company may elect to have additional follow-ups done at its expense. Additional follow-up schedules can be negotiated by Program Client with the Company and be listed on Schedule "B" which becomes a part of this agreement. NEWSLETTERS Newsletters will be sent to the Program Client at intervals of every three months. Premier, Fee for Services and Access program clients will receive one for each employee served by the agreement (not family members). The Program Client will be asked to distribute these through their own system. Other Program Clients will receive office copies for on site circulation. Township ofOro-Medonte Contract 10177 .. (5) IDENTIFICATION CARDS Will be issued by The Company to all employees of the Program Client, and to family members where they are included in coverage, within 30 days of the completion of this agreement. e INTRODUCTION SEMINARS The Company agrees to present seminars to the management and employees of the Program Client as defined in the Application. Generally these seminars will cover the services available, the general need for such services within the business sector, how to access services and the rights of those seeking such services. POSTERS FOR WORKPLACE The Company will provide posters for display in the workplace. Such posters will encourage use of LINK EAP services in a friendly manner and carry the 800-toll free phone number. RATE CONDITIONS The Company guarantees the rates quoted for the duration of this contract, however, The Company reserves the right to re-negotiate the rates after the first 90 days of providing the agreed upon services when the experience overtly exceeds established norms. Should this occur the Program Client has the right to immediately cancel the contract without further notice should they not wish to enter re-negotiations. e GST GST is payable on all premiums plus any additional billable services whether covered by the plan or other. CONFIDENTIALITY The Company makes all efforts to maintain confidentiality in all respects to contact with an employee seeking assistance. At no time will names of those contacting The Company in any way be released to any individual or organization unless proper written permission is received from the employee. It is also understood that the nature or reasons for contact with The Company will not be divulged on an individual basis, although such information may be submitted to the Program Client in the form of anonymous overall statistics. The Company also assures that all counselling and assessment appointments made by The Company will be scheduled in such a way as to avoid contact by fellow employees at the counselling places. COUNSELLOR QUALIFICATIONS The Company agrees to use only Licensed, Certified or Registered Counsellors. "License, certified or registered" means licensed, certified or registered to practice the profession by the appropriate authority in the jurisdiction in which the care or services are rendered; or where no such authority exist, having a certificate of competency from the professional body which regulates the particular profession. e CONTINUATION OF COVERAGE In the event of, disability, maternity leave, leave of absence, lockouts, temporary layoffs or settlement options, coverage can be continued by the Program Client by continuing to pay the appropriate premiums for a period of up to six months, or longer on approval of The Company. Township of Oro-Medonte Contract 10177 , ' e e e .' (6) TERMINATION OF COVERAGE An employee's coverage under this agreement shall terminate on the earliest of: a) the last day of the month for which the current rates have been paid in respect of the employee; b) the last day of the month in which the employee ceases to be actively employed by the employer and listed as a member of an eligible class. c) the last day of the month in which the employee attains age 70 d) the termination of this agreement. CANCELLATION OF THIS AGREEMENT This agreement may be cancelled by either party upon 90 days written notice or any action by either party that constitutes an act of bankruptcy. However, where the program is cancelled by the Program Client, the Program Client agrees to be responsible for any counselling sessions in progress at the time of cancellation, and agrees to pay the company for any sessions conducted after the date of cancellation up to a maximum of five sessions and/or a maximum of ninety days, at the rate stated in Schedule "A". RATE PAYMENTS The rates with respect to the services provided under this agreement are payable monthly on the first day of the month to The Company. The total amount due is the sum total of the monthly rates for all covered Employees on the due date, based on the monthly rates established by The Company. A fifteen day period of grace commencing from the rate due date, shall be allowed for payment of the rates due under the terms of the agreement, except for the first which must be paid on the date this agreement is signed and this agreement shall remain in force during such period. If the rates are not paid by the end of the period of grace, this agreement may be terminated immediately by The Company. The Company shall have the right to recover the premium due for the period of grace up to and including the date of such termination, plus any counselling fee incurred by The Company, during or after such period, in order to complete any counselling in progress. AMENDMENT AND RENEWAL OF AGREEMENT This agreement may be amended at anytime with the written consent of The Company. However, any change which alters or modifies a provision or service herein, except with respect to change in rates, must be in writing signed by a Senior Executive Officer of The Company. The coverage evidenced by this agreement may be renewed automatically from year to year, upon payment and receipt of the current rates as determined by The Company. No agent or representative of The Company has authority to change this agreement, waive any of its terms or conditions, or to make representations or undertakings not expressed herein. RATE CHANGES AND NOTICE OF CHANGE At the end of any rate guarantee period or annually thereafter, The Company may change the rate based on the experience of the group plan. The Company also reserves the right to change the rates, if, after the effective date of this agreement, the agreement is amended to increase, decrease or terminate services or any portion thereof, at the request of the Program Client. Written notice of any change in rates shall be given to the Program Client by The Company at least thirty days prior to the effective date of such change. Township of Oro-Medonte Contract 10177 .. . . . <<~ . (7) NOTICE Any notice to the Program Client will be given by ordinary mail to the address shown on the program application. Unless written notice has been given to LINK by pre-paid certified post of change thereof; in which event the notice shall be sent to the new address as notified. Notice of termination, or of any change in the rates or terms and conditions of this agreement will be given by pre-paid certified post, or by any other means of direct delivery. If notice is given by mail, it will be deemed to have been delivered five working days following the date of mailing. SCHEDULE "A" Pursuant to the agreement between The Company and the Program Client 10177 of which this schedule is attached to and is a part thereof the parties agree that: a) All counselling provided by The Company in excess of that provided for under the terms of the program agreed upon shall be at the rate of $95 per hour. b) All counselling provided by The Company under the Fee for Service Program will be at the rate provided for in "a)' above and will be limited to sessions, except where the Program Client has given written consent for a specific employee to have a specific number of additional session. c) Any counselling services provided in addition to the agreed upon number provided for in the Premier or Access Programs will be at the employee's expense except where the Program Client has given written consent for a specific employee to have a specific number of additional sessions, which sessions shall be at the rate stated in "a)" above. Township ofOro-Medonte Contract 10177