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Agr Substance Abuse Program SUBSTANCE ABUSE PROGRAM AGREEMENT THIS AGREEMENT is made this day, July 1,2003 by and between New Directions Behavioral Health, LL.c., hereinafter referred to as "New Directions" and The City of Salina, Salina KS 66402, hereinafter referred to as "EMPLOYER". WHEREAS, EMPLOYER is required by the Onmibus Transportation Employee Testing Act of 1991 ("Act"), and the regulations issued thereunder by the Department of Transportation, to implement and maintain an alcohol misuse prevention program for its employees; and WHEREAS, New Directions has the ability and expertise to assist EMPLOYER, with the implementation and maintenance of such a program; and WHEREAS, EMPLOYER wishes to utilize the services of New Directions and New Directions wishes to make its services available to EMPLOYER to assist EMPLOYER in complying with the requirements Act. NOW, THEREFORE, for and in consideration of the mutual promises herein contained, the parties agree as follows: 1. . . . . . 2. 3. 4. 5. 6. New Directions will offer the following services to EMPLOYER and its employees to enable EMPLOYER to meet the requirements of the Act: Evaluating covered employees who violate the rules of the Act. Determining the employee's need for assistance, either in-house or through referral to other resources. Referring employees for necessary treatment. Evaluating employees following treatment, to determine whether the employee has successfully complied with the treatment program. Recommending a return to duty and follow-up testing of employees as indicated. New Directions agrees that all of the services to be rendered will be conducted by duly qualified personnel, and that any and all referrals made will be made to such duly qualified personnel. EMPLOYEE is responsible for its compliance with the Act, and is responsible for performance of all requirements of the Act other than those delegated to New Directions in paragraph 1 above. The parties agree that New Directions, through its performance of the functions listed in paragraph 1 above, does not guarantee to EMPLOYER or to employee any particular results from employee's participation in the program; that New Directions does not guarantee to EMPLOYER or its employees the continued eligibility for employment of employee upon employee's completion of this program; that, other than for professional liability issues of it's employees or agents, New Directions shall have no liability under the Substance Abuse Program; and that EMPLOYER is legally responsible for the implementation of the program as required by the Act. EMPLOYER agrees to pay to New Directions the fees shown on Attachment A to this Agreement. Fees owed shall be billed monthly by New Directions to EMPLOYER, and EMPLOYER shall make payment to New Directions not later than 15 days after receipt of such billing. This Agreement will remain in effect from July 1, 2003, through June 30, 2004, and will automatically renew for succeeding one year periods until terminated by either party as provided in this paragraph. This agreement may be terminated at any time by either party upon ninety (90) days advance written notice to the other party. Upon notice of such termination, neither party, however, shall be relieved from performing the covenants herein contained during such ninety (90) day notice, except that New Directions EAP shall be relieved of New Directions Behavioral Health, LLC Page 1 Substance Abuse Program Agreement performing services hereunder if termination is the result of a default in payment by EMPLOYER for services rendered. In the event of such termination, payment of fees will be continued through the notice period to the date of conclusion of service. IN WITNESS WHEREOF, the parties have executed this Agreement, in duplicate, as of the date and year first written above. New Directions Behavioral Health, LLC The City of Salina ~ By: - Jo F. QUIck, PhD President and CEO 7/7/oJ , , By, €=r~ ðf:::;d cA.y A c... ^- c.:J <::: ,.. ATTACHMENT A Employer: The City of Salina Contract Period: July 1, 2003 through June 30, 2004 Fee: (EAP Add-On-Option) : $125.00 per hour, covers all SAP services including assessment, referral, case management, management ofre-testing, record keeping and return to duty evaluations. DOT Training: $200.00 per hour, covers the DOT mandated training curriculum for safety- sensitive positions Substance Abuse Program Agreement New Directions Behavioral Health, LLC Page 2