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HomeMy WebLinkAboutNational EAP, Inc DENIS NONCARROW Town Hall,53095 Main Road P.O. TOWN CLERK bf SQVT Box 1179 �►�` �0�� Southold,New York 11971 Fax REGISTRAR OF VITAL (631) 765-6145 Telephone(631) STATISTICS MARRIAGE OFFICER 765-1800 ca RECORDS MANAGEMENT www•southoldtownny.gov OFFICER FREEDOM OF INFORMATION OFFICER � �l1Nt"t OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2026-773 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 9,2026: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J. Krupski, Jr. to execute an Agreement between the Town of Southold and National EAP, Inc. in connection with an Employee Assistance Program in the amount of$4.50 per month per employee for the period November 1,2026 through October 31,2027, subject to the approval of the Town Attorney. Denis Noncarrow Southold Town Clerk RESULT: Adopted MOVER: Councilman Mealy SECONDER: Justice Stevens AYES: Councilman Mealy, Justice Stevens, Councilwoman Doherty, Councilwoman Smith, Councilwoman Suess, Supervisor Krupski, Jr. NAYES: None Page 43 of 63 NEAP Wan- NATIONAL EAP MEMORANDUM OFAGREEMENT Between: National Employee Assistance Providers, Inc. And Town of Southold With Its Headquarters Located at: P.O. Box 1179 53095 Route 25, Southold, NY 53095 Effective Date: November 01, 2026-October 31, 2029 EMPLOYEE ASSISTANCE PROGRAM (EAP)SERVICES TO BE PROVIDED: I. PROGRAM DESIGN National Employee Assistance Providers, Inc. (National EAP) will maintain a customized employee assistance program including the services referred to in Sections II through XIV below ("EAP Services") designed to meet the specific needs of Town of Southold. National EAP will be responsible for planning, promoting, implementing, and monitoring your EAP Services. II. PROGRAM MARKETING National EAP will provide EAP promotional materials for employees and for posting at all physical locations. Employee engagement materials include: • Paper brochure&wallet card for each employee • Paper EAP posters as needed • Monthly website spotlight a-flyers • Quarterly e-newsletters • Monthly webinar e-flyers III. PROGRAM ORIENTATION National EAP includes EAP orientation sessions that describe EAP services in detail and issues of privacy and confidentiality are stressed. EAP orientation teaches members how to access National EAP services and resources for themselves and their immediate household, detailing all the benefits of utilizing their EAP. IV. EAP TRAINING FOR MANAGERS AND SUPERVISORS National EAP includes annual delivery of"EAP as a Management Tool"training for supervisors, HR and senior leadership. This session teaches attendees how they can use their EAP 'as a management resource to assist in dealing with employees whose work performance is declining or becoming a matter of progressive discipline. The focus of this supervisor/management training is to promote the EAP and explain the concepts, procedures, and benefits. Training places emphasis on work performance as the key issue for referrals. Methods of referral are explained to encourage early intervention and program utilization. Paste 1 of 11 Document-Ref.NREK3-0UIDZ=9FWAR YKD6K. NEAP NA?ZONAL EAP V. EAP AND WORIULIFE SERVICES All EAP members who contact National EAP for assistance will receive a thorough assessment to identify the client's problem(s), examine options, identify goals, and develop an EAP service plan to address the areas of concern. All EAP and Work/Life services are accessed by dialing our toll-free number and online on the member portal at www.nationaleap.com.Telephonic, on-line and in person services are available in Spanish also.All efforts will be made to accommodate other languages as needed. The EAP service plan can include 1 or more of the following services; • Short-term, solution focused EAP counseling (in-person,video ortelephonic) (up to six (6)sessions per issue) • Case management services • Child & elder care referrals • Legal &financial consultation • ID theft recovery consultation • Research and informational support • Crisis management • Qualified referrals to specialized providers EAP is available to assist members with a variety of problems such as stress and anxiety,family and marital conflicts, emotional difficulties, alcohol/drug problems,financiaUlegal difficulties, childcare and eldercare needs, and any issues that might affect the work-place performance. EAP sessions are provided for non-medical issues when short-term, solution-focused counseling can be effective or to stabilize a crisis.When it appears, there is the presence of a long-term mental health or medical issue, EAP will assist the client in identifying the appropriate specialized services they require, such as psychiatric or substance abuse specialists and provide pre-qualified referrals and monitor for member satisfaction and progress. EAP and Work/Life counseling is scheduled in accordance with the member's schedule. Crisis calls are given priority and usually provide immediate access to services. Even in non-emergency situations, 24-hour live telephone access to clinicians, seven (7) days per week, as well as website access to EAP information and services are continuously available. National EAP maintains an extensive resource network, including updated information on specialists, hospitals, community-based agencies, substance abuse treatment centers, mental health, and work/life professionals. National EAP refers to qualified professionals, who meet strict criteria to assure quality, cost effective care, and promote organizational savings on health insurance. Legal Consultation: The member's legal needs are assessed by a Legal Consultant who conducts the intake, confirms the appropriateness and availability of the lawyer, and follows up to ensure client satisfaction and resolution. Members can obtain consultation for most legal issues, except for those involving disputes or actions between an employee and their employer. Legal Consultation includes a no-cost 30 minute in-person or telephonic consultation with a lawyer and if the member chooses to retain that lawyer,they will receive a 25% rate reduction. Page 2 of I I Document Ref NREK3-OUIDZ-9FWAR-YKD6K NEAP, NATIONAL EAP Financial Consultation: Financial Consultation includes a no-cost 30-minute telephonic consultation with a qualified financial counselor as well as written resources addressing an individual's specific concerns. Financial consultation is available to assist in a wide variety of issues including bankruptcy, credit issues, purchasing a home, refinancing, etc. ID Theft Consultation: Employees can utilize ID Theft Consultation for both preemptive and restorative needs, which includes a telephonic 60-minute consultation with a certified consumer credit counselor. Vi. HEALTH AND WELLNESS EAP MEMBER PORTAL National EAP will provide and maintain a member work/life resource portal with a comprehensive level of resource articles, assessments, audio and video files covering workplace issues, emotional well-being, health and wellness in addition to childcare,elder care and more.The portal is available in English and Spanish. VII.HR/MANAGEMENT CONSULTATION SERVICES Town of Southold HR and management can utilize EAP for confidential 1:1 consultation and coaching regarding employee work performance or behavioral issues. Consultation is unlimited and available by phone or video. On site EAP consultation for specific employee issues is available at a rate of$175 per hour plus travel. Vill. EMPLOYEE TERMINATION PROGRAM All EAP services will remain available to terminated or voluntary exit employees for up to three (3) months post separation date, complimentary to Town of Southold, including but not limited to short-term counseling and referrals to resources such as job finder assistance programs, community resources, and professional career development services. National EAP provides expert consultation for HR and management in all phases of employee terminations/reduction in force (RIF) as needed. National EAP can support the planning process and participate on-site to meet with employees for debriefing post termination. Critical Incident Response (CIR) hours can be used towards on-site activity during a RIF. IX. ENHANCED MANAGEMENT REFERRAL Human Resources can formally refer members for EAP services (which can include assessment, counseling, referral, and monitoring) to address work performance issues such as policy violations, excessive absenteeism, substance abuse, declining performance, etc. Semi-weekly reports are provided (with member consent) to the organization, documenting member participation and progress. National EAP requires that HR to submits an Enhanced Management Referral Submission form, to formalize the referral so that all referral expectations are clear.All referred members must sign our Statement of Understanding and Consent to Participate in the Enhanced Management Referral Program, agreeing to their responsibilities for attendance and compliance while attending the EAP, and authorizing NEAP to communicate with their employer to the extent permitted by law and employer policy. Page 3 of 11 Document Ref:NREK3-0UIDZ-9FWAR-YKD6K NEAP. NATIONAL EAP National EAP Enhanced Management Referrals typically last six (6)weeks or until your designated Human Resources Administrator and National EAP Specialist agree this is no longer necessary. Unlimited Enhanced Management Referrals are included in this program. X.TRAINING PROGRAMS National EAP maintains a CORE training catalog that features over 50 one-hour virtual or on-site training classes available for employees and leadership of Town of Southold. The training classes fall into four (4) categories: policy, employee soft-skill development management skills and wellness. Each session can be lightly customized in response to the specific workplace culture and training needs assessment. If National EAP is notified less than two weeks prior that the scheduled training is cancelled,Town of Southold will be responsible for a 20% cancellation fee or will forfeit their training hour(s) at it's option. If the training is rescheduled, the training must be held within 2 months of the original training date,or the cancellation policy will apply. CORE Training QU2ntity and Cost: This agreement includes ten (10) hours per contract year, of specialty training from the NEAP catalog.Additional specialty training hours are billed at$550 per hour or can be purchased separately as a training package (details available upon request). A National EAP training catalog is provided to determine and schedule training specific to your organization. Requests for customization of the CORE training programs are welcome; customization will incur a fee to be determined at the time, depending on the scope and length of the project.A flat travel fee of$100 will apply for any billable on-site training.Accommodation, if necessary, is not included and is billed separately. XI. ON-SITE CONFLICT RESOLUTION National EAP Specialists are experts at delivering conflict resolution counseling and intervention to address and resolve conflict or hostility between two or more employees. As every situation is unique, the HR representative and EAP Specialist will review the circumstances of the issues and customize a service strategy that could involve multiple sessions of individual work and may also include several group meetings. Often the plan is designed after an initial meeting with employees involved. Up to six (6) hours per event are included in this agreement, including time towards management meetings. Additional services are billed at $150 per hour, including pre and post meetings with HR or management. XII. CRITICAL INCIDENT RESPONSE (CIR) SERVICES Following an unexpected, traumatic event in the workplace such as a death of an employee, robbery, act of violence, disaster, etc., or a planned event such as a reduction in force (RIF), Town of Southold can call National EAP for consultation to assess the impact of the incident and make recommendations for response. National EAP will provide virtual or on-site CIR services as requested.The CIR counselor can provide 1:1 counseling, group debriefing, HR and management guidance, and EAP promotion.All critical incident responses are tailored to the situation at hand. --ace 4 of 11 Document Ref:NREK3-0UIDZ-9FWAR-YKD6K NEAP NATIONAL EAP CIR Quantity and Cost: This agreement includes three (3) Critical Incident Response Events per contract year, two (2) hours per event.Additional hours utilized outside of the annual allotment are billed at an hourly rate of$275 (next day+)or$325 (same day). Consultation in preparation for CIR is not applied towards the hours. Bi-lingual counselors are available upon request for an additional $BO/hour.A flat travel fee of$100 will apply for any billable on-site CIR. Accommodation, if necessary, is not included and is billed separately. There is a minimum billing of two (2) hours per CIR when billing is applicable. A cancellation fee of $400 will be charged if the CIR is cancelled or rescheduled on the same date as the CIR or after the CIR booking has been confirmed. XIII. BENEFITIWELLNESS FAIR ATTENDANCE National EAP is available to provide onsite and virtual EAP promotion at employee events, including employee benefit/wellness fairs. National EAP will provide education and materials to employees at these events. Fair Quantity and Cost: Hours utilized are billed at an hourly rate of$150 per hour, Consultation in preparation for Benefit[Wellness Fair attendance is not deducted from the hours allotted.A flat travel fee of$100 will apply for any billable in-person fair attendance. Accommodation, if necessary, is not included and is billed separately. XIV. UTILIZATION REPORTS AND ORGANIZATION EVALUATION Utilization reports are provided on a semi-annual and annual basis (quarterly upon request). National EAP maintains a state-of-the-art software system that protects the identity of your member/our client and provides important statistical data. National EAP staff are available for consultation in this area. Our utilization software and procedures are in compliance with the HIPAA Privacy Rule and Security Rule developed by the U.S. Department of Health and Human Services (HHS)as well as applicable state law. XV. COVERED MEMBERS All full-time, part-time, and per diem US based Town of Southold employees, and their immediate household are covered for all services described herein. XVI. PAYMENT: FEES AND SCHEDULE The fee for the National EAP, Inc. Services (except where specified as separately billable) is $4.50 per employee per month, based on an approximate census of 312, which covers all eligible US based part time, full time and per diem employees of Town of Southold. Minimum billing per quarter is 300 employees. Payment for services is due upon receipt of invoice on a quarterly basis; November 1, February 1, May 1, August 1. Account receivables that fall into arrears of 45 days+will incur a 1.75%surcharge, monthly. Page 5 of 11 DobumentR.ef NREK3-0UIDZ-9FWAR-YKD6K NEAP NATIONAL EAP A complete census is required at the time of contract inception and renewal, which includes each employee's name, position, and work location ONLY.Your quarterly population count is due on: November 1, February 1, May 1,August 1. National EAP will send reminders for quarterly revisions of your population count. Should this population count not be received within three (3) business days of the due date, the contracted amount or previous quarter's count will be billed, whichever is higher. Population counts should be sent to., census cp �nationaleapscom. Collection and Legal Fees. If the services provided in this agreement are not paid within 90 days of the date invoiced by National EAP and it is required to collect the same through engagement of a collection firm or legal proceedings, then Town of Southold shall be responsible for National EAP's collection fees, reasonable attorney fees, expenses, and disbursements. XVII.TERM AND TERMINATION The term of this Agreement will run from the Effective Date of this Agreement and continue for 3 years thereafter(the `Initial Term"). Both parties agree that Town of Southold and National EAP, Inc. each has the right to change the name of the company. This Agreement and all financial obligations to National EAP, Inc. shall remain in effect after Town of Southold has the name changed pursuant to the relevant provisions of laws and regulations. It is unnecessary to re- sign this agreement only to reflect the change of the company's name. Town of Southold shall promptly inform National EAP in writing within 30 days of a change if there are changes made to Town of Southold, account representatives, addresses or ownership. XVIIi. INDEMNIFICATION National EAP and Town of Southold covenant and agree to defend, protect, indemnify and hold harmless the other party and its directors, trustees, officers, members, shareholders, employees and authorized agents,from and against each and every claim, demand or cause of action or any liability, cost or expense on account of any loss including reasonable attorney fees caused by, arising out of, related to, or in any way incidental to or in connection with National EAP's activities at or for Town of Southold, except for losses resulting from the indemnified party's own negligence or that of its agents. XIX. INSURANCE. National EAP shall carry all liability insurances as is reasonable and customary for services provided as outlined in the above. When indicated, all services to which National EAP refers shall also be appropriately licensed and insured according to practice specialty and region. XX.CONFIDENTIALITY a. Confidential Information. During the term of this Agreement, National EAP (hereinafter referred to as "Disclosing Party") may disclose or make available to Town of Southold (hereinafter referred to as "Receiving Party") data and/or information which is not generally available to the public and/or which is marked "confidential", "proprietary"or the like Page 6 of Document Ref:NREK3-0UIDZ-9FWAR-YKD6K NEAP NATIONAL EAP or which the Receiving Party otherwise knows or must reasonably assume, based on the-nature of the data and/or information and in light of the industry in which the Disclosing Party conducts business, is confidential to the Disclosing Party or any of its clients or contractors (hereinafter collectively referred to as "Confidential Information"). Confidential Information shall include, without limitation, know-how, trade secrets, discoveries, inventions and ideas, standard operating and business procedures, processes, templates, tools, guidelines, tracking systems, records and notes, plans, sales and marketing data, costs and pricing, information of the Disclosing Party, whether written or verbal,tangible or intangible, made available, disclosed or otherwise made known to the Receiving Party. b. Obligations. During the term of this Agreement and for an additional period of five (5) years following the termination of this Agreement or for any longer period as may be required by mandatory applicable law,the receiving Party shall: i. hold in strict confidence the Confidential Information and protect it against disclosure and unauthorized access, and not use the Confidential Information to the detriment of the Disclosing Party nor to compete with the Disclosing Party or use it for any other purpose than performing its obligations or exercising its rights under this Agreement,without the prior written approval of the Disclosing Party, and ii. not reveal, publish or otherwise disclose any of the Confidential Information, in whole or in part, to any person or entity other than its own subsidiaries, employees, clients, strategic vendors and consultants who have a need to know such Confidential Information and provided that the Receiving Party has contractually bound the concerning subsidiaries, employees, or consultants by confidentiality, non-disclosure and non-use obligations equivalent to those contained in this Agreement, and to notify promptly the Disclosing Party's management should any unauthorized disclosure of Confidential Information occur. c. Exceptions. The Confidentiality obligations above shall not apply to information, to the extent that is clearly and convincingly shown,that such information: i. is generally available to the public other than as a result of a disclosure by the Receiving Party, and/or ii. became available to the Receiving Party on a non-confidential basis from a source (other than the Disclosing Party)which is not prohibited from disclosing the information,and/or iii. was developed by the Receiving Party, its subsidiaries, employees, clients or consultants without breach of its obligations under this Agreement, as shown by contemporaneous evidence, and/or iv. was in the Receiving Party possession prior to receipt from the Disclosing Party and which had not previously been obtained from the Disclosing Party or any other party under an obligation of confidence. A. Mandated Disclosure. Notwithstanding anything above, Receiving Party may disclose Confidential Information to the extent and to the persons or entities required under applicable governmental law, rule, regulation or order, provided that Receiving Party (i) first gives prompt written notice of such disclosure requirement to Disclosing Party so as to enable Disclosing Party to seek any limitations on or exemptions from such disclosure requirement, (ii) reasonably cooperates at Disclosing Party's request in any such efforts by Disclosing Party and (iii) only discloses the information to the extent so required to,be disclosed. Such disclosure shall not release the Confidential Information concerned from its confidential status. Page 7of11 Document Ref:NREK3-OUIDZ-9FWAR-YKD6K NEAP .4Al IONAL EAP XXI. INTELLECTUAL PROPERTY a. All work product and information generated or derived under this Agreement and all inventions, processes, sets, including but not limited to know-how,trade secrets, improvements, other intellectual properties and other as analytical methods, procedures and techniques, procedure manuals, personnel data, financial information, computer technical expertise and software, which have been independently developed by and which relate to the business or operations of National EAP are and will remain the property of National EAP ("National EAP Property"). National EAP Property or improvements thereto which are used, improved, modified or developed under or during the term of this Agreement are and remain the sole and exclusive property of National EAP. Without prejudice to the foregoing, National EAP grants Town of Southold a royalty-free, worldwide, non-exclusive right and license to National EAP Property to the extent necessary for it to make use of any EAP Program services. XXII. MISCELLANEOUS a. Independent Contractor Relationship. The Parties are independent entities engaged in independent businesses, and no Parry shall be regarded as, act as or purport to be an agent or employee of the other Party. Nothing herein shall be construed as: 1. reserving for a Party the right to control the other Parry in the management of its employees or conduct of its business and/or; ii. granting either Party the authority to make any promise, guarantee, warranty, representation, contract or commitment which would create any obligation or liability whatsoever, whether express or implied, on behalf of the other Party; and/or iii. creating a partnership,joint venture, principal and agent relationship or employer-employee relationship. b.Non-Solicitation,The Parties agree not to actively or knowingly solicit, seek to hire or otherwise engage in any manner whatsoever, directly or indirectly, any of the employees or subcontracted individuals of the other Party who have been during the Initial Term of the Agreement or any Renewal Term thereof for a period of twelve (12) months following the termination of the Agreement. c. Assignment. Each Party may assign its rights and delegate/subcontract its obligations or performance under this Agreement, in whole or in part, provided that the other Party has explicitly consented to such assignment or delegation in advance, such consent not unreasonably withheld. Any purported assignment or delegation/subcontracting in violation of the foregoing sentence is void. In the event of delegation/subcontracting, the delegating/subcontracting Party shall remain responsible for full performance of this Agreement. For an assignment of this Agreement by operation of law, as a result of a merger, consolidation, sale of substantially all assets or other change of control transaction, no prior written consent is required, provided that the assigning Party has without undue delay notified the other Party of its intention to assign. d. Waiver. The waiver of either Party or the failure by .either Party to claim a breach of any provision of this Agreement shall not be deemed to constitute a waiver or estoppel with respect to any subsequent breach or with respect to any provision of this Agreement. e. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, that provision will be severed and the remainder of this Agreement will continue in full force and Pzoe g of 11 Document.Ref.NREK3-0UIDZ-9FWAR-YKD6K NEAP- 1--W"M NATIONAL EAP effect. Any such provision shall be deemed to be replaced by a provision which, while in accordance with the applicable law, reflects the original provision as much as possible. f, Entire Agreement and Modification. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns. This Agreement, including any attachments and amendments hereto, constitutes the entire agreement between the Parties and supersedes all prior oral or written agreements or understandings with respect to the subject of this Agreement. Any modifications to the provisions of this Agreement must be in writing and signed by the legally authorized representatives of the Parties. g. Attachments.All attachments to this Agreement are integral parts thereof. In the event of a conflict between the terms of an attachment to this Agreement and those of its main body, the Agreement's main body prevails, unless explicitly set forth otherwise in the respective attachment. h. Law and Jurisdiction.This Agreement will be governed by and construed in accordance with the laws of New York, without its conflict of law provisions. In the event of any dispute between the Parties in connection with this Agreement, the Parties shall first attempt to resolve it amicably. Should the Parties fail to reach an amicable settlement, any such dispute between the Parties will be submitted to the competent courts of Suffolk County. [Signature page follows] In witness whereof,the Parties hereto have caused this Agreement to be executed in two or more counterparts by their duly legally authorized representatives. The Parties acknowledge and agree that there is good and adequate consideration for the promises herein and that each has read the Agreement and agrees to be bound by the terms and conditions hereof. 09-14-2026 ,for 0490"a - Aoifa O'Donnell 10, 'ru r Chief Executive Officer is�AQ-e—(%Aso National EAP, Inc. Town of Southold t. 631-588-8102 x 30 g- Page 9of11 Document Ref:NREK3-OUIDZ-9FWAR-YKD6K NEAP NATIONAL EAP t. 631.588-8102 x 30 e. stephaniedevine@nationaleap.com w. www.nationaleap.com I www.athrutraining.com a. 490 Wheeler Road, Suite 102, Hauppauge, NY 11788 t. 631-588-8102 x 30 e. stephaniedevine@nationaleap.com W.www.nationaleap.com I www.athrutraining.com a. 490 Wheeler Road, Suite 102, Hauppauge, NY 11788 t. 631-588-8102 x 30CLient Success Manager e. stephaniedevine@nationaleap.com W. www.nationaleap.com I www.athrutraining.com a. 490 Wheeler Road, Suite 102, Hauppauge, NY 11788 t. 631-588-8102 x 30 e. stephaniedevine@nationaleap.com Pace 10 -of 11 Document Ref:NREK3-OUIDZ-9FWAR-YKD6K NEAP NATIONAL EAP t. 631-588.8102 x 30 w. www.nationaleap.com www.athrutraining.com a.490 Wheeler Road, Suite 102, Hauppauge, NY 11788 Attach Completed Enrollment Form Here Page 11 of 11 Document.Ref.NREK3-OUIDZ-9FWAR=YKD6K i`-Y�✓� y ', ^x� l�f�1 `\? i ./�"Y "/ ya .��i l `� v:x �Y 7:5- CERTIFICATE of SIGNATURE DOCUMENT COMPLETED BY ALL PARTIES ON REF.NUMBER 14 SEP 2026 15:29:43 NRE3-OUIDZ-9E'NAR-YKD6K R AMERZCA/NEW YORK SIGNER TIMESTAMP SIGNATURE SENT AOIFAO'DONNELL 14 SEP 2026 13:47:15EMAIL . (/j� /�fy/,�/�f AOIFAODONNELL@NATIO�TnLEAP.COM 14 SEP 2026 15:29:28 V {fViQ+i�/ SIGNED IP ADDRESS 14 SEP 2026 15:29:43 72.80.119.222 LOCATION BOHEMIA, UNITED STATES RECIPIENT VERIFICATION EMAIL VERIFIED 14 SEP 2026 15:29:28 .r �1 © Signed with PandaDoc PAGE 1 OF 1