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HomeMy WebLinkAboutUprise Health EAP Plus Admin Agreement_City of Central Point Effective 7.1.2023 ExecutedEAP Administration Agreement UPRISE HEALTH SMB EAP ADMINISTRATION AGREEMENT EFFECTIVE 01012023 Page 1 of 16 ADMINISTRATION AGREEMENT FOR EMPLOYEE ASSISTANCE AND WORKLIFE SERVICES This Agreement (“Agreement”) is effective July 1, 2023 (“Effective Date”), by and between the City of Central Point, 140 South Third Street, Central Point, OR 97502 (“Employer”) and Integrated Behavioral Health, Inc., doing business as Uprise Health, 2 Park Plaza, Suite 1200, Irvine, California 92614, on behalf of itself and its affiliates (“Uprise Health”). Employer and Uprise Health may each be referred to herein as a “Party” and collectively as the “Parties.” The Agreement consists of the terms set forth below and any associated Order Forms, Exhibits, SOWs or Schedules attached hereto, the terms of which are incorporated into this Agreement by this reference. 1. SERVICES PROVIDED 1.1. Uprise Health shall perform for Employer the Employee Assistance Plan (“EAP”) services and WorkLife administrative services (collectively the “Services”) as set forth in Exhibit A. All Services will be provided pursuant to the administration of Employer’s EAP (the “Plan”) and the terms and conditions set forth herein. In addition to the Services described on Exhibit A, Uprise Health shall handle correspondence of a routine nature and other general clerical and administrative functions necessary for administration of the Plan as part of the Services. 1.2. On or before the Effective Date, Employer shall furnish to Uprise Health a list of eligible employees in a form reasonably acceptable to Uprise Health (i.e., by zip code of each employee’s residence) and will update said list monthly with current employee counts. Uprise Health shall not be responsible for any delay or error in the provision of Services caused by Employer’s failure to furnish accurate employee counts in a timely fashion. If Employer fails to provide current employee counts with payment by the payment due date, the employee counts will be updated and reflected in the next billing and payment cycle. Uprise Health will not process employee counts retroactively nor will Uprise Health perform any retroactive fee refund adjustments due to Employer submitting inaccurate Employee counts. 1.3. To the extent applicable, Employer shall provide Uprise Health with its Summary Plan Description (SPD) and all other relevant Plan documents at least thirty (30) days prior to the Effective Date or such other date mutually agreed upon by the parties. Absent the Employer providing Uprise Health with an SPD, Uprise Health shall automatically apply its internal policies and procedures to all EAP plans, including but not limited to internal appeals and external review, as applicable. Uprise Health does not review Employer’s SPD for compliance with applicable law and Employer remains solely accountable and responsible for such compliance. 1.4. Despite Uprise Health’s provision of the Services, it is understood and agreed that the Employer, as Plan Administrator, retains complete authority and responsibility for its Plan, its operations, and the benefits provided thereunder, including EAP. Uprise Health is empowered to act on behalf of Employer in connection with the Plan only to the extent expressly stated in this Agreement or as agreed to in writing by Uprise Health and Employer. 2. INVOICING AND PAYMENT DocuSign Envelope ID: 2939D633-3E39-414A-AF4F-51F09010168D EAP Administration Agreement UPRISE HEALTH SMB EAP ADMINISTRATION AGREEMENT EFFECTIVE 01012023 Page 2 of 16 2.1. Employer shall pay Uprise Health for Services performed pursuant to this Agreement according to the fee schedule set forth in Exhibit B (“Administrative Services Fees”). Employer will not withhold any taxes from any payments made to Uprise Health, and Uprise Health will be solely responsible for paying all taxes arising out of or resulting from the performance of Services. 2.2. Uprise Health shall submit invoices according to the schedule set forth on Exhibit B. Employer shall pay all invoices within twenty (20) days of Employer’s receipt of Uprise Health’s invoice. Any Administrative Services Fees not paid within thirty (30) days of the due date will be assessed a rate of eight percent (8%) per annum, or the maximum rate allowed by applicable law, whichever is less, from the date on which such payment was due until the date on which it is paid in full with accrued interest. All payments shall be via ACH or wire to the account listed below. Remittance advises to be submitted to billing@uprisehealth.com a. ACH: Bank Name: Sunflower Bank Address: 1400 16th Street, Ste. 250, Denver, CO 80202 Routing No: 101100621 Account No. 1100017507 3. TERM AND TERMINATION 3.1. Term. The term of the Agreement shall commence on the Effective Date and continue for thirty-six (36) months (“Initial Term”). Thereafter, the Agreement shall automatically renew for successive twelve (12)-month periods (each a “Renewal Term”), unless either Party has given the other Party a written notice of non-renewal at least ninety (90) days prior to the expiration of the then-current Term or either Party terminates the Agreement in accordance with this Section 3. The Initial Term together with any Renewal Term constitute the “Term” of this Agreement. 3.2. Discounts. Administrative Service Fees shall remain fixed for the Initial Term of this Agreement. Discounts offered in the Initial Term shall not extend to any subsequent Renewal Term. An automatic increase of ten percent (10%) annually shall apply to any Renewal Term, unless the Parties agree to enter into a multi-year contract. 3.3. Immediate Termination. This Agreement may be terminated immediately for cause upon written notice given by the non-defaulting Party if (i) a Party ceases the active conduct of its business; (ii) a Party is the subject of a bankruptcy, receivership or other insolvency event or proceeding; or (iii) Employer fails to pay any Administrative Services Fee to Uprise Health by the due date. 3.4. Termination for Cause. This Agreement may be terminated for cause if a Party breaches the Agreement, and the defaulting Party fails to correct such default within a thirty (30) day period following notice of default under this Agreement. The written notice shall set forth the nature of the default as to performance required by this Agreement and shall include, but not be limited to: (i) failure to comply with applicable state licensing requirements; or (ii) failure to comply with applicable federal and state codes and regulations pertaining to the Plan. 3.5. Termination and Payment. Upon any termination or expiration of this Agreement, Employer shall immediately pay all unpaid and outstanding amounts through the effective date of termination or expiration of this Agreement. And upon such DocuSign Envelope ID: 2939D633-3E39-414A-AF4F-51F09010168D EAP Administration Agreement UPRISE HEALTH SMB EAP ADMINISTRATION AGREEMENT EFFECTIVE 01012023 Page 3 of 16 termination, Uprise Health shall continue to deliver to Employer any Services due through the effective date of termination. 4. LIMITED WARRANTY 4.1. Uprise Health shall employ or contract with sufficient personnel to provide the Services. Uprise Health warrants to Employer that Services will be performed by qualified personnel in a professional manner, in accordance with the specifications set forth on Exhibit A. 4.2. Each Party warrants that it has the full right, power, and authority to enter into and fully perform its obligations under this Agreement and the execution, delivery, and performance of this Agreement by that Party does not conflict with any other agreement to which it is a party or by which it is bound. 4.3. Employer and Uprise Health shall remain, throughout the Term of this Agreement, in compliance with all applicable federal and state laws and regulations, including, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), related to this Agreement and the Services to be provided hereunder. Uprise Health shall only be required to comply with the provisions of the Consolidated Appropriations Act of 2021 (“CAA”), including the transparency, continuity-of-care, and no surprise provisions, but only to the extent that they are directly applicable to Uprise Health. Uprise Health shall not have an obligation to fulfill Employer’s separate obligations under the CAA. Uprise Health warrants to Employer that Uprise Health is properly licensed under applicable law. Uprise Health will obtain and maintain all of the licenses, permits, registrations, and other governmental authorizations required to conduct Uprise Health’s business and perform Services. The Parties hereby agree to enter into any Business Associate Agreement (“BAA”) that may be required for the sharing of any information pursuant to this Agreement, and such BAA, if applicable, attached hereto as Exhibit C and made a part of this Agreement. 4.4. UPRISE HEALTH MAKES NO WARRANTIES EXCEPT FOR THOSE PROVIDED IN SECTIONS 4.1, 4.2, AND 4.3, ABOVE. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED. 5. CONFIDENTIALITY 5.1. Business Confidential Information. Each Party acknowledges that performance of this Agreement may involve access to and disclosure of Employer and Uprise Health identifiable business proprietary data, rates, procedures, materials, lists, systems and information of the other (collectively “Business Confidential Information”). No Business Confidential Information shall be disclosed to any third party other than a party’s representatives who have a need to know such Information in relation to administration of the EAP Services, and provided that such representatives are informed of the confidentiality provisions hereof and agree to abide by them. All such information must be maintained in strict confidence. Employer agrees that Uprise Health may make lawful references to Employer in its marketing activities and in informing health care providers (including EAP network providers) as to the organizations and plans for which Services are to be provided. 5.2. Uprise Health Confidential Information. Any information with respect to Uprise Health or any of its affiliates’ fees or specific rates of payment to health care providers (including EAP network providers) and any information which may allow DocuSign Envelope ID: 2939D633-3E39-414A-AF4F-51F09010168D EAP Administration Agreement UPRISE HEALTH SMB EAP ADMINISTRATION AGREEMENT EFFECTIVE 01012023 Page 4 of 16 determination of such fees or rates any of the terms and provisions of the health care provider’s agreement (including EAP network providers) with Uprise Health or its affiliates are deemed to be Uprise Health Confidential Information. No disclosure of any such information may be made or permitted to Employer or to any third party whatsoever, including, but not limited to, any broker, consultant, auditor, reviewer, administrator or agent unless (i) Uprise Health has consented in writing to such disclosure and (ii) each such recipient has executed a confidentiality agreement in form satisfactory to Uprise Health’s counsel. Prior to disclosing such information, Employer shall notify Uprise Health of such request or requirement so that Uprise Health may object to such disclosure by appropriate legal means. If Employer is compelled to disclose such information or else stand liable for contempt or suffer possible censure or other penalty or liability, then Employer may disclose such information without liability to Uprise Health, but only to the extent required by such legal request, process or statute. 5.3. Member Confidential Information. In addition, each Party will maintain the confidentiality of medical records and confidential member-identifiable patient information (“Member Confidential Information”), and in accordance with the terms of HIPAA. 5.4. Upon Termination. Upon termination of this Agreement, each Party, upon the request of the other, will return or destroy all copies of all of the other’s Confidential Information in its possession or control except to the extent such Confidential Information must be retained pursuant to applicable law, to the extent such Confidential Information cannot be disaggregated from the Uprise Health’s databases, or except as otherwise provided under HIPAA, provided, however, that Uprise Health may retain copies of any such Confidential Information it deems necessary for the defense of litigation concerning the Services it provided under this Agreement. 6. INDEMNIFICATION 6.1. Uprise Health shall indemnify and hold harmless Employer, its directors, officers, employees (acting in the course of their employment, but not as members) for that portion of any third-party claims, loss, liability, damage, expense, settlement, cost or obligation (including reasonable attorneys’ fees) caused solely and directly by Uprise Health’s willful misconduct, criminal conduct or breach of the Business Associates Agreement, if applicable, related to or arising out of the Services provided under this Agreement. 6.2. Employer shall indemnify and hold harmless Uprise Health, its affiliates and their respective directors, officers, and employees for that portion of any third party claim, loss, liability, damage, expense, settlement, cost or obligation (including reasonable attorney’s fees): (i) which was caused by Employer’s willful misconduct, criminal conduct, or breach of the Business Associates Agreement related to or arising out of this Agreement or Employer’s role as employer (ii) in connection with the release or transfer of member-identifiable information to Employer or a third party designated by Employer, or the use or further disclosure of such information by Employer or such third party; or (iii) resulting from or arising out of claims, demands or lawsuits brought against Uprise Health in connection with Services provided under this Agreement. 6.3. The party seeking indemnification under (6.1) or (6.2) above must notify the indemnifying party within twenty (20) days in writing of any actual or threatened DocuSign Envelope ID: 2939D633-3E39-414A-AF4F-51F09010168D EAP Administration Agreement UPRISE HEALTH SMB EAP ADMINISTRATION AGREEMENT EFFECTIVE 01012023 Page 5 of 16 action, suit or proceeding to which it claims such indemnification applies. Failure to so notify the indemnifying party shall not be deemed a waiver of the right to seek indemnification, unless the actions of the indemnifying party have been prejudiced by the failure of the other party to provide notice within the required time period. 6.4. Employer and Uprise Health agree that: (i) Uprise Health does not render medical services or treatments to members; (ii) neither Employer nor Uprise Health is responsible for the health care that is delivered by EAP network providers; (iii) EAP network providers are solely responsible for the health care they deliver to members; (iv) EAP network providers are not the agents or employees of Employer or Uprise Health; and (v) the indemnification obligations of (6.1) or (6.2) above do not apply to any portion of any loss, liability, damage, expense, settlement, cost or obligation caused by the acts or omissions of EAP network providers with respect to members. 6.5. The indemnification obligations under (6.1) above shall not apply to that portion of any loss, liability, damage, expense, settlement, cost or obligation caused by Uprise Health’s act or omission undertaken at the direction of Employer (other than Services described in this Agreement). The indemnification obligations under (6.2) above shall not apply to that portion of any loss, liability, damage, expense, settlement, cost or obligation undertaken by Employer at the direction of Uprise Health. 6.6. The indemnification obligations under this Section 6 shall terminate upon the expiration of this Agreement, except as to any matter concerning which a claim has been asserted by notice to the other party at the time of such expiration or within two (2) years thereafter. 7. LIMITATION OF LIABILITY 7.1. IN NO EVENT SHALL UPRISE HEALTH BE LIABLE TO EMPLOYER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT UPRISE HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. 7.2. IN NO EVENT SHALL UPRISE HEALTH’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO UPRISE HEALTH PURSUANT TO THIS AGREEMENT AND ANY APPLICABLE STATEMENT OF WORK, AS APPLICABLE. 8. INTELLECTUAL PROPERTY 8.1. All intellectual property rights, including copyrights, patents, patent disclosures, and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works, and all other rights (collectively, "Intellectual Property DocuSign Envelope ID: 2939D633-3E39-414A-AF4F-51F09010168D EAP Administration Agreement UPRISE HEALTH SMB EAP ADMINISTRATION AGREEMENT EFFECTIVE 01012023 Page 6 of 16 Rights") in and to all documents, work product, and other materials that are delivered to Employer under this Agreement or prepared by or on behalf of Uprise Health in the course of performing the Services, including any items identified as such in an SOW, except for any Confidential Information of Employer or employer materials, shall be owned by Uprise Health. Uprise Health hereby grants Employer a license to use Uprise Health’s Intellectual Property Rights in Employer’s Plan marketing materials and mobile applications free of additional charge and on a non-exclusive, non- transferable, non-sublicensable, fully paid-up, royalty-free, and perpetual basis to the extent necessary to enable Customer to make reasonable use of the Services. Employer’s use of Intellectual Property Rights does not create any ownership right therein and all rights not granted to Employer are reserved by Uprise Health. 9. MISCELLANEOUS 9.1. Amendment. No amendment or modification of this Agreement shall be made, except as provided herein, without the prior written consent of the Parties; provided, however, Uprise Health may amend this Agreement upon prior written notice to Employer as required to make the Agreement compliant with applicable laws. 9.2. Assignment. Neither Party shall assign, delegate or subcontract any of its rights or obligations set forth in this Agreement without the prior written approval of the other Party, and such approval shall not be unreasonably withheld; provided, however, Uprise Health may assign this Agreement, or its obligations and/or rights under this Agreement to: (a) a successor without consent in connection with any merger, consolidation, sale of all or substantially all of the assets related to this Agreement or equity of the party or any other similar transaction, or (b) an Uprise Health affiliate or subsidiary without Employer’s consent. Nothing in this Agreement, expressed or implied, is intended to confer any rights or remedies upon any other person or party other than the Parties or their respective successors. 9.3. Suspension for Non-Payment. Uprise Health reserves the right, to the extent allowed by applicable law, to suspend some or all of the Services it provides if Employer fails to timely pay any undisputed amounts due to Uprise Health under the Agreement, but only after Uprise Health notifies Employer of such failure and such failure continues for thirty (30) days or more after the payment due date. Suspension of Services shall not release Employer of its payment obligations under this Agreement. Employer agrees that Uprise Health shall not be liable to Employer or to any third party for any liabilities, claims, or expenses arising from or relating to suspension of Services resulting from Employer’s non-payment. 9.4. Dispute Resolution. If the Parties are unable to informally resolve any dispute arising out of or relating to this Agreement, either Party may submit the dispute for resolution exclusively through confidential, binding arbitration, instead of through trial by court or jury, in Orange County, California, in accordance with the commercial dispute rules then in effect of the Judicial Arbitration and Mediation Services (“JAMS”). The arbitration shall be conducted on an expedited basis by a single arbitrator. In making decisions about discovery and case management, it is the Parties’ express agreement and intent that the arbitrator at all times promote efficiency without denying either Party the ability to present relevant evidence. In reaching and issuing decisions, the arbitrator shall have no jurisdiction to make errors of law and/or legal reasoning. The Parties shall share the costs of arbitration equally, and each Party shall bear its own attorneys’ fees and costs. DocuSign Envelope ID: 2939D633-3E39-414A-AF4F-51F09010168D EAP Administration Agreement UPRISE HEALTH SMB EAP ADMINISTRATION AGREEMENT EFFECTIVE 01012023 Page 7 of 16 9.5. Entire Agreement. This Agreement and any exhibits attached hereto, which are incorporated into the Agreement by this reference, set forth the full and complete understanding of the Parties. This Agreement shall be binding upon the Parties and their respective successors and assignees. 9.6. Force Majeure. Uprise Health shall not be liable for any failure to meet any of the obligations or provide any of the Services or benefits specified or required under this Agreement where such failure to perform is due to any contingency beyond the reasonable control of Uprise Health, its employees, officers or directors. Such contingencies include, but are not limited to: acts or omissions of any person or entity not employed or reasonably controlled by Uprise Health, its employees, officers or directors; acts of God; fires; wars; accidents; labor disputes or shortages; governmental laws, ordinances, rules, regulations, or the opinions rendered by any Court, whether valid or invalid. 9.7. Governing Law. This Agreement shall be governed by the laws of the state of California, and the Parties consent to venue and personal jurisdiction over them in California state courts and in U.S. District Court for the Central District of California, as applicable, for purposes of construction and enforcement of this Agreement. 9.8. Independent Contractors. The relationship of the Parties shall be that of independent contractors or vendor-client, and nothing in this Agreement shall be construed as creating the relationship of partners, joint ventures, or employer/employee between the Parties. 9.9. Insurance. Uprise Health will obtain and maintain insurance policies that provide adequate coverage for all risks normally insured against by a company carrying on a similar business in a similar location, and for any other risks to which Uprise Health is normally exposed. 9.10. Notices. All notices and other communications given or made pursuant to this Agreement shall be in writing and shall be deemed effectively given: (i) upon personal delivery to the party to be notified, (ii) when sent by confirmed electronic mail or facsimile if sent during normal business hours of the recipient, and if not so confirmed, then on the next business day, (iii) five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (iv) one (1) day after deposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt. Notice to Employer: City of Central Point 140 South Third Street Central Point, OR 97502 Attention: City Manager Notice to Uprise Health: 2 Park Plaza, Suite 1200 Irvine, CA 92614 Attention: Legal Department 9.11. Records. Employer acknowledges and agrees that Uprise Health or its affiliates or authorized agents shall have the right to use all documents, records, reports, and data, including data recorded in Uprise Health’s data processing systems DocuSign Envelope ID: 2939D633-3E39-414A-AF4F-51F09010168D EAP Administration Agreement UPRISE HEALTH SMB EAP ADMINISTRATION AGREEMENT EFFECTIVE 01012023 Page 8 of 16 (“Documentation”), subject to compliance with privacy laws and regulations, including without limitation regulations promulgated pursuant to HIPAA. All Documentation is stored in Uprise Health’s data warehouses, and may be de-identified as to members and employer identity for purposes other than administration of EAP Services, at Uprise Health’s discretion. Employer is not compensated for any use of de-identified Documentation maintained in Uprise Health’s data warehouse. 9.12. Remedies. All remedies, either under this Agreement, or by law or otherwise afforded to any Party, shall be cumulative and not alternative. 9.13. Represented by Counsel. The provisions of this Agreement have been examined by counsel for each Party, and no implication shall be drawn against any Party by virtue of the drafting of this Agreement. 9.14. Severability. In the case any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 9.15. Survival. Those provisions that expressly state, or by its nature is intended to survive, shall survive. Each Party shall promptly notify the other Party of any notice of lawsuit and or legal action pertaining to the Plan or its administration. Uprise Health shall work with Employer to respond to such complaints or inquiries, or where appropriate assist Employer in its response to such complaints, inquiries or legal action. 9.16. Waiver. The rights of any Party to enforce any provision hereof shall not be affected by its prior failure to require performance of that provision or any other provision, nor shall any right be deemed to have been waived unless the waiver thereof be in writing and signed by the Party making such waiver. Signature page follows DocuSign Envelope ID: 2939D633-3E39-414A-AF4F-51F09010168D EAP Administration Agreement UPRISE HEALTH SMB EAP ADMINISTRATION AGREEMENT EFFECTIVE 01012023 Page 9 of 16 SIGNATURE PAGE IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the dates set forth below, to be effective as of the Effective Date set forth above. City of Central Point By: Print Name: Chris Clayton Title: City Manager Date: Integrated Behavioral Health, Inc., d/b/a Uprise Health. By: Print Name: Peter Strimaitis Title: CEO Date: DocuSign Envelope ID: 2939D633-3E39-414A-AF4F-51F09010168D 6/28/2023 6/28/2023 EAP Administration Agreement UPRISE HEALTH SMB EAP ADMINISTRATION AGREEMENT EFFECTIVE 01012023 Page 10 of 16 EXHIBIT A DESCRIPTION OF SERVICES I. Included Services. Uprise Health shall provide and Customer shall purchase the following Services pursuant to the terms of the Agreement between the parties and the pricing set forth in Exhibit B. Services to be provided for all eligible employees and their eligible dependents. Customer Service ☒ Implementation (subject to separate fee as set forth in Exhibit B): Digital launch and implementation kit plus access to account team support. ☒ Reporting & Analytics Dashboard: An online dashboard that provides aggregated data about workforce and service utilization and demographics. ☒ Member Communications: Standard digital promotional material explaining Uprise Health tools and services will be available in the resource library. Assets will be created in English and priority assets translated into Spanish (additional languages available for a fee). ☒ Technical Support: Technical support for Uprise Health platform and websites available Monday through Friday from 8:00 a.m. – 5:00 p.m. (Pacific time) Digital Mental Health Platform & Services Coaching and Therapy Services* 24/7 Phone line (unlimited member use) _3__ Group Sessions per member per calendar year (virtual) _3__ Therapy Sessions per member/per incident/per calendar year (Standard Phone Referral or virtual _3__Coaching Sessions per member per calendar year * Sessions cannot be transferred between coaching, group, and therapy. For example: a member can have 3 coaching, 3 group, and 3 therapy but not 6 coaching and 3 therapy. EAP Services 24/7 Phone Line (unlimited member use) Work-life and Wellbeing Resources Work-life Services (certain elements not included) Manager Resources Health Platform Wellbeing Check & Progress Tracking Personalized Care Plan Self-guided Digital Courses Coach-guided Digital Courses Live Mental Health Care Proactive Outreach Based on Member Wellness Assessment Whole Person Care Digital Mental Health Platform & Services DocuSign Envelope ID: 2939D633-3E39-414A-AF4F-51F09010168D EAP Administration Agreement UPRISE HEALTH SMB EAP ADMINISTRATION AGREEMENT EFFECTIVE 01012023 Page 11 of 16 Service Description 24/7 Phone Line 24/7/365 telephone access to Uprise Health case management staff. During business hours, members who are in crisis will be connected with an Uprise Health case manager, who will arrange appropriate support. After hours answering services are available and calls can be triaged to licensed professionals for emergency care. We have a provision of translator services (240+ languages) and TDD/TTY services. Members that are in life threatening situations should immediately call 911 as they would do with any other medical/life emergency. Coaching Sessions Coaching can be self-booked within the digital platform using a real-time calendar system. Coaching is intended for members who want support with current stressful life events or for well employees who are looking to learn mental fitness skills. Coaching is designed to be approachable for all members. Coaches help members apply the skills from the digital library and introduce ways to strengthen mental health and wellbeing. Coaching is delivered via phone-based sessions. Group Sessions Group sessions can be self-booked, and, typically, there are between 50 – 100 chat rooms available at any time on a range of topics and there are live group sessions available daily. All sessions are led by a trained moderator. Members can choose either chat room or video-based group sessions and have the option to participate anonymously with the other participants. Therapy Sessions Members can call the Phone Line and are connected to one of Uprise Health’s staff within thirty (30) seconds on average. Uprise Health staff assist the member by collecting any requirements to see a counselor in their area or virtually via phone or video. If the member requests a virtual session, they are provided with either access to our virtual counseling web portal where they can sign up immediately or referred to a network provider who conducts video sessions using their own technology. If they request an in- person session, then Uprise Health staff will provide a curated list of in- network counselors in their area. This list is confirmed on a regular basis with our provider network to ensure that it is up to date and that our members can be seen as quickly as possible. EAP Services Description Work-life and Wellbeing Resources Online access to work-life and wellbeing resources, which provide guides, newsletters, webinars, calendar, resource kits (Grief and Loss, Emotional First Aid, Hurricane Preparedness, etc.), educational materials, tools, and trainings that cover a wide range of popular topics for health, work-life, financial, legal, adult and elder care, children/parenting, and more. The portal includes access to an online savings center for discounts for services, events, and products. Also includes crisis alerts and support links for national events. DocuSign Envelope ID: 2939D633-3E39-414A-AF4F-51F09010168D EAP Administration Agreement UPRISE HEALTH SMB EAP ADMINISTRATION AGREEMENT EFFECTIVE 01012023 Page 12 of 16 On-demand webinars on various work-life, wellbeing, and personal development topics, which are available on the 1st day of each month and past topics are available for viewing at any time. A newsletter that covers work-life, wellbeing, and personal development topics available in English and Spanish only. Work-life Services Legal: One initial thirty (30) minute legal consultation per each separate legal matter at no cost for members. If the member and attorney or mediator agree to further representation, services will be provided at a twenty-five percent (25%) reduction from the standard hourly rate. Telephonic support and an extensive library of resources are also available. Financial: Thirty (30) days of access for each member to a personal financial expert who will work with the member toward financial wellness by identifying financial goals, assessing current financial situation, and providing a suggested detailed action plan. Caregiver: Comprehensive database for child, dependent and elder care look- up. No-obligation curated referral list or warm handover to our partner program who can provide dependent care for an additional fee. Fees depend on the services provided. Please contact us for a list of services and associated costs. Manager Resources Uprise Health prepares proactive communications and materials to help supervisors address current topics and trends, such as crisis response for COVID-19, social unrest, natural disasters (e.g., fires, flooding, tornados.), and more. Management Referrals: We provide a process for referring eligible employees with conduct or substance use issues to Uprise Health. Health Platform Services Description Wellbeing Check We use a World Health Organization wellbeing measure that gives an accurate assessment of high, moderate, or low levels. The measure takes less than a minute to complete and asks questions about sleep and energy to make it approachable for everyone, whether they are thriving or surviving. Customers can track their organization’s wellbeing levels via Uprise Health reporting dashboard. Personalized Care Plan Each member receives a personalized care plan based on their preferences and Wellness Assessment levels. The care plan recommends skills/lessons from our digital library as well as the frequency of sessions with their coach or consultant. Members are recommended evidence-based courses to manage issues like depression and anxiety while high Wellness Assessment DocuSign Envelope ID: 2939D633-3E39-414A-AF4F-51F09010168D EAP Administration Agreement UPRISE HEALTH SMB EAP ADMINISTRATION AGREEMENT EFFECTIVE 01012023 Page 13 of 16 scored members are recommended courses to stay well and thrive using an approach called positive psychology. Self-Guided Digital Courses Uprise Health has a strong focus on only using evidence-based content. Each of the lessons has passed an evidence review and was written by a team of clinical psychologists. Each course is based on an established course that has been evaluated in at least one peer-reviewed scientific study and most courses have been evaluated in five (5) or more studies. To deliver the highest possible completion rates Uprise Health has focused on positive user experience and lessons are delivered via 3–5-minute videos and audios as well as interactive chatbot exercises based on best-practice adult learning principles. Coach-Guided Digital Courses Members have the option of completing their digital courses with the support of a coach. The coach can create a personalized lesson plan and during the calls the coach shows the member how to apply the skills. The goal of coach- guidance is to improve accountability to practice the skills, which is linked to better behavioral outcomes. Live Mental Health Care Navigator Members are linked with a mental health Care Navigator during their onboarding. The Care Navigator’s role is to provide live support and to assist the member in navigating their mental health journey. The Care Navigator can book coaching sessions or counselling sessions for the member. Proactive Outreach based on Member Assessment Levels Uprise Health proactively reaches out to members scoring below the clinical cutoff on the Wellbeing Check through Uprise Health Platform, to discuss support options available to members. If a member opts in, Uprise Health will proactively reach out to discuss available support options. For members who complete the Wellbeing Assessment and score in the low range, Uprise Health will proactively reach out to discuss available support options. Reporting Dashboard Online dashboard that provides aggregated data about workforce and service utilization and demographics. DocuSign Envelope ID: 2939D633-3E39-414A-AF4F-51F09010168D EAP Administration Agreement UPRISE HEALTH SMB EAP ADMINISTRATION AGREEMENT EFFECTIVE 01012023 Page 14 of 16 Exhibit B ADMINISTRATIVE SERVICES FEES Customer: City of Central Point FEES: Customer shall pay the following pursuant to the terms and conditions of the Agreement. Included Description Due Amount ☒ Implementation Fee No charge, included No charge, included EAP Administration Fees ☒ Per Employee Per Month (“PEPM”) $3.88 per employee (with a minimum of 80 employees). ☒ quarterly In advance FEE FOR SERVICE ADD-ON SERVICES. Uprise Health may make the following Services available for an additional fee. Critical Incident Response Training and Training Coordination Add-On Fee for Service Descriptions and Pricing Critical Incident Response (CIR) CIR includes telephonic support for critical incidents via our 24/7 phone line as well as crisis support email communications for national disasters. Depending on the nature and scope of the event, the Uprise Health communication team will send email communications to targeted areas. Onsite or virtual crisis support can be purchased on a per hour basis and includes a range of supportive interventions designed to enhance a person’s natural resilience, facilitating individual and workgroup return-to- work/return-to-functioning. The CIR service is provided by a trained specialist to respond to emergency situations such as an act of violence, health of a co-worker, robbery, or a natural disaster. CIR Services are provided by Uprise Health third-party provider and CIR fees are subject to change depending upon the third-party provider. Uprise Health will endeavor to promptly provide notification of any changes in the CIR fees. CIR Pricing • Standard Response Next Day: $300 per hour with two-hour minimum. • Same Day Response Outside of 2.0 hours: $350 per hour with two-hour minimum. • Immediate Response Within 2.0 hours: $450 per hour with two-hour minimum. Additional fees may apply for cancellations, bilingual counselors and remote locations (travel). Cancellation Policy: • 48 Hour Cancelation. If Employer cancels or reschedules CIR services within forty-eight (48) hours of the originally scheduled appointment, Employer will pay a flat fee, per shift, based on the number of hours DocuSign Envelope ID: 2939D633-3E39-414A-AF4F-51F09010168D EAP Administration Agreement UPRISE HEALTH SMB EAP ADMINISTRATION AGREEMENT EFFECTIVE 01012023 Page 15 of 16 scheduled. Shifts cancelled or rescheduled on the date of service will be billed in full. • Shifts Scheduled 4 Hours or Less. In the event of canceled or rescheduled services within 48- hours of the originally scheduled time, Employer will pay flat fee of $350 per shift cancelled. The deadline for canceling or rescheduling services for a Monday shift is 12:00 noon on the preceding Friday, in the service area time zone. • Shifts Scheduled Over 4 Hours: In the event of canceled or rescheduled services within 48- hours of the originally scheduled time, Employer will pay flat fee of $500 per shift cancelled. The deadline for canceling or rescheduling services for a Monday shift is 12:00 noon on the preceding Friday, in the service area time zone. Training Standard Training: • Standard monthly and quarterly webinar trainings are included Services. For an additional fee, Uprise Health will provide on-site and virtual trainings on a wide variety of topics or can create a bespoke training program for you. Delivered by experienced presenters and created by a team of subject matter experts. Account managers will provide training coordination to coordinate topics for trainings, the training organization, and communicate about trainings. Employee and Supervisor Orientation Sessions: • Annual, 30-minute virtual orientation hosted by Account manager. Quarterly Check-Ins: Inclusions are based on company size as follows: • Email check-ins with account team and phone or video review available upon request. Virtual Health Fair Support: Inclusions are based on company size as follows: • Virtual support for company health fairs. Training Pricing • Webinar per hour: o 3-week notice: $325 o 2-week notice: $375 o 1-week notice: $425 • In-person $550 per hour + travel • Custom Training: $50 per hour + actual cost of outside experts Trainings Cancellation Policy: o 7-10 days: $50 o 3-6 days: $100 o 0-3 days: Full training rate DocuSign Envelope ID: 2939D633-3E39-414A-AF4F-51F09010168D EAP Administration Agreement UPRISE HEALTH SMB EAP ADMINISTRATION AGREEMENT EFFECTIVE 01012023 Page 16 of 16 Training Services are provided by an Uprise Health third-party provider and fees are subject to change. Uprise Health will endeavor to promptly provide notification of any changes in the Training fees. If annual therapy case utilization exceeds 10% then Uprise Health reserves the right to renegotiate pricing. Annual therapy case utilization is defined as total annual therapy cases divided by the average number of employees. A therapy case is defined as an instance where an employee or eligible dependent receives therapy for an incident and may consist of more than one therapy sessions. DocuSign Envelope ID: 2939D633-3E39-414A-AF4F-51F09010168D