Loading...
HomeMy WebLinkAboutAGR-1823.X - REACH EMPLOYEE ASSISTANCE INC - REACH EMPLOYEE ASSISTANCE PROGRAM - FY 2024-2026DocuSign Envelope ID: 1CCDE4A7-C23C-46C2-96DB-D8D3AE987178 DS AGR-1823.X S'T PROFESSIONAL SERVICES AGREEMENT Employee Assistance Program] THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made at Orange, California, on this 8th day of May 2024 (the "Effective Date") by and between the CITY OF ORANGE, a municipal corporation ("City"), and REACH EMPLOYEE ASSISTANCE INC., a California corporation("Contractor"), who agree as follows: 1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit"A," which is attached hereto and incorporated herein by reference. As a material inducement to City to enter into this Agreement,Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject of this Agreement are not in the usual course of City's business and City relies on Contractor's representation that it is independently engaged in the business of providing such services and is experienced in performing the work. Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity providing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary. 2. Compensation, Fees, and Term. a. Contractor's total compensation for all services performed under this Agreement, shall not exceed THIRTY THOUSAND DOLLARS and 00/100($30,000.00)without the prior written authorization of City. b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses. c.This Agreement shall be in full force and effect from July 1, 2024 through June 30, 2026 unless otherwise terminated in accordance with Section 19 of this Agreement. 3. Payment. a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. b. All such invoices shall state the basis for the amount invoiced, including services completed,the number of hours spent and any extra work performed. DocuSign Envelope ID: 1 CCDE4A7-C23C-46C2-96DB-D8D3AE987178 c.City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice. d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. City's Project Manager is authorized to approve a reduction in the services to be performed and compensation therefor. All amendments shall set forth the changes of work, extension of time,and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City's Project Manager, City Manager or City Council, as applicable. 5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement. 6. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not,under any circumstances,be considered employees of City,and that they shall not be entitled to any of the benefits or rights afforded employees of City,including,but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever. 8. Designated Persons. Only those qualified persons authorized by City's Project Manager, or as designated in Exhibit"A,"shall perform work provided for under this Agreement. It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated. 2 DocuSign Envelope ID: 1CCDE4A7-C23C-46C2-96DB-D8D3AE987178 9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee. 10. Time of Completion. Contractor agrees to commence the work provided for in this Agreement as required by the City and diligently prosecute completion of the work. 11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 12. Reserved. 13. Reserved. 14. Products of Contractor. The documents, studies, evaluations, assessments, reports,plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction. 15. Equal Employment Opportunity. During the performance of this Agreement, Contractor agrees as follows: a. Contractor shall not discriminate against any employee or applicant for employment because of race, color,religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Such actions shall include,but not be limited to the following: employment,upgrading, demotion or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause. b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c.Contractor shall cause the foregoing paragraphs(a)and(b)to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 3 DocuSign Envelope ID: 1CCDE4A7-C23C-46C2-96DB-D8D3AE987178 16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. 17. Indemnity. a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the"Indemnitees") entirely harmless from all liability arising out of: 1) Any and all claims under workers' compensation acts and other employee benefit acts with respect to Contractor's employees or Contractor's subcontractor's employees arising out of Contractor's work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees' status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and 2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City's property; but not for any loss, injury,death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph. b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement. c.Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third-party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement. d. The indemnities set forth in this section shall survive any closing, rescission,or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors. 4 DocuSign Envelope ID: 1CCDE4A7-C23C-46C2-96DB-D8D3AE987178 18. Insurance. a. Contractor shall carry workers' compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers' compensation benefits under any City program. b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. c.Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of(1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis. d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement,City will accept a copy of the policy(ies)which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 1 8.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement. f.Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement. g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above. 5 DocuSign Envelope ID: 1CCDE4A7-C23C-46C2-96DB-D8D3AE987178 h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City,which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten(10) days' prior written notice to City. i.Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating. j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set-off from any sums owed Contractor. k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein,a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance. 1.Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein. 19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days' written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise. Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits. 20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the records")pertaining to the costs of and completion of services performed under this Agreement. City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall 6 DocuSign Envelope ID: 1CCDE4A7-C23C-46C2-96DB-D8D3AE987178 maintain all such records for a period of at least three(3)years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three(3)days' notice from City,and copies thereof shall be furnished if requested. 21. Compliance with all Laws/Immigration Laws. a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. b. Reserved. c.Contractor represents and warrants that it: 1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 IRCA); and 2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and 3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor's employees; and 4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c. e.Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide,to the reasonable satisfaction of City,verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees. f.Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e. 7 DocuSlgn Envelope ID: 1 CCDE4A7-C23C-46C2-96DB-D8D3AE987178 g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee,that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines,penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement. 22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California. 23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement,oral or written,pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated. 24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail,whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission. CONTRACTOR" CITY" REACH Employee Assistance Inc.City of Orange 101 E. Lincoln Avenue, Suite 230 300 E. Chapman Avenue Anaheim, CA 92805 Orange, CA 92866-1591 Attn.: Dr. Marcus Dayhoff Attn.: Sara Haedtler Telephone: 714-533-5701 Telephone: 714-744-7253 E-Mail: and@reachline.com E-Mail: saedtler@cityoforange.org 25. Counterparts. This Agreement may be executed in one or more counterparts,each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. 8 DocuSign Envelope ID: 1CCDE4A7-C23C-46C2-96DB-D8D3AE987178 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written. CONTRACTOR" CITY" REACH EMPLOYEE ASSISTANCE INC., CITY OF ORANGE, a municipal corporation a California corporation DocuSi ned : DocuSigned by: y•CG"CD01D6°D4rD.. By• \--RFAAF5RA4nA14AR Printed Name: Dr. Marcus Dayhoff Thomas C. Kisela, City Manager Title: CEO By: ATTEST: Printed Name: E—DocuSigned by: Title: B2BFDCR8BFF43A Pamela Coleman, City Clerk APPROVED AS TO FORM: Mike Vigliotta, City Attorney DocuSigned by: By: rnr ninrnAaSaRA Nathalie Adourian Senior Assistant City Attorney NOTE:City requires the following signature(s) on behalf of the Contractor: 1) the Chairman of the Board, the President or a Vice-President,AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City. 9 DocuSign Envelope ID: 1CCDE4A7-C23C-46C2-96DB-D8D3AE987178 EXHIBIT "A" SCOPE OF SERVICES Beneath this sheet.] DocuSign Envelope ID: 1CCDE4A7-C23C-46C2-96DB-D8D3AE987178 REACH Employee Assistance&Work Life Services REACH Scope of Services 2024- 26 for the City of Orange Assessment/Counseling/Referral for Employees and Dependents. A total assessment will be administered for a well-rounded analysis of the person's problem. Employees and immediate family members are entitled to up to three sessions per incident every six months and up to 6 sessions annually. REACH provides professional assessment/counseling to the point of referring the client to an outside counseling professional or agency. In addition, REACH provides follow-up consultation. The number of sessions offered,within this limit, will be at the sole discretion of the REACH counseling staff. Counseling Hours REACH provides counseling hours from 8:00 a.m. to 5:00 p.m. Monday through Friday and will respond appropriately and effectively to employee needs. Every attempt will be made to see management referrals and employees in crisis as early as possible to the time of call, and no later than 24 hours (during business hours) after the call is made. All other clients will be seen within 48 hours of the call being made. REACH provides confidential intake and psycho-social assessment and counseling to the point of referral to employees and their immediate family members with a 24-hour telephone service. REACH assures that no calls go unanswered and that all crisis callers receive courteous and prompt service. During non-business hours, all calls answered by the REACH answering service will be connected to the on-call counselor. The REACHline number is 1- 800-273-5273. Location Employees and family members will have a choice of counseling either at one of our several conveniently located offices or at one of our service provider's offices. Referral Network When necessary, REACH will refer employees and dependents to appropriate, cost-effective, geographically convenient, and highest quality services provided by individuals and agencies which have been screened by our staff. Monitoring/Follow-up REACH will monitor and follow up as long as appropriate for all people referred by the REACH program to outside individuals and community resources to assure the problem is resolved and DocuSign Envelope ID: 1CCDE4A7-C23C-46C2-96DB-D8D3AE987178 that the person is satisfied with the quality of referrals. In cases of management referrals, REACH will also follow up regularly with the City on the status of job performance. Service Utilization Reports REACH will provide quarterly confidential reports on service utilization, aggregate client profiles, and assess problems and outcomes at case closure. Customer satisfaction reports will be available upon request by the City. Benefits The City agrees to provide REACH with copies of all the City employee benefit plans and appraise REACH of all changes as they occur. Avoiding Conflict of Interest REACH agrees to avoid conflict of interest by providing up to three referrals to clients based on competency, geography, and the most cost-effective modality to deal with the client's problem(s). No referrals will be made to the privacy practices of REACH counseling staff members or to any private practitioner and/or agency that whom a REACH counselor has an economic relationship with. Only the City can make exceptions to this rule. Alcoholism and Chemical Dependency Intervention SAP Services REACH provides job-related SAP Substance Abuse Professional alcoholism and chemical dependency intervention services as required. Policy and Procedure The City agrees to consider implementing a policy and procedure statement on employee assistance when appropriate. REACH will provide technical assistance to the City staff in writing a policy and procedure statement on employee assistance. Training REACH will provide Management and Supervisory training sessions annually. The purpose of these training sessions is to make managers and supervisors aware of the City employee assistance program policy and procedures, how to identify poor job performance as it relates to personal problems, and to familiarize them with the processes of referrals and follow-up. The effectiveness of each training session will be evaluated. Manager/Supervisor Consultation and Assistance REACH will assist managers and supervisors in calling REACHline for consultation on how to deal with specific employee incidents or problems that may require EAP intervention. The City agrees to encourage managers and supervisors to take advantage of this consultation service. DocuSign Envelope ID: 1CCDE4A7-C23C-46C2-96DB-D8D3AE987178 REACH supplies on request Management and Supervisor Employee Assistance Program guidelines for inclusion in City personnel management guidelines. Program Promotion REACHline.com website will provide online access to resources and information regarding EAP and wellness related topics as well as online assistance. Munch&Learn" presentations will be conducted periodically upon request by the City, at City locations to maximize utilization of REACH services. REACH brochure&REACH1ine cards will be supplied to the City for distribution to all employees. REACH Frontline will be supplied to the City quarterly for electronic distribution to all supervisors. REACHline E-Wellness Newsletter will be provided to the City quarterly via website pdf download for all employees. REACHline Posters will be supplied from time to time to the City for posting on official staff bulletin boards. Originals of promotional materials for inclusion as short articles in the internal staff newsletter or as check stuffers will be supplied upon request by the City. REACH staff will participate in the City's employee benefits faire upon request. Quality REACH conducts ongoing quality assurance audits on all aspects of the program from inception to the end of the contract year. REACH will supply the City with quarterly reports. THE CITY OF ORANGE REALIZES AND UNDERSTANDS 1. Top management support and commitment are essential to the success of the REACH Employee Assistance Program at the City of Orange. 2. REACH is a confidential program. The City will only be aware of employees referred officially by management and information about that employees will not be released without written consent. 3. REACH will not, in all cases, be able to resolve the employee's or dependent's problem(s) in the set number of counseling sessions. In such cases, the employee or family member will be referred to quality, cost-effective resources available within the community. 4. Employees and dependents will not be charged for the services provided by REACH. If referrals are necessary, those referrals may result in an additional cost to the City's benefit plan and may result in added costs to the employee or family member. 5. The REACH program is available to all full-and part-time employees and their dependents. The REACH benefit starts on the first day of employment. 6. It is anticipated that the yearly employee utilization rate will be a minimum of 6-8%. The REACH promotional program will aim at achieving at least this utilization rate.