Orange County NC Website
8 <br /> EXHIBIT D - GENERAL PROVISIONS <br /> 1 . Professional Qualifications . All counseling , <br /> assessment and referral services pursuant to this Agreement shall be <br /> provided by qualified , experienced clinicians with advanced degrees <br /> of at least a master' s level , with special training both in short <br /> term counseling and in unmasking , assessing and treating substance <br /> abuse problems . HAI , in its sole discretion, shall provide such <br /> professional counselors either from its employees or by retaining <br /> such qualified professionals as independent contractors to provide <br /> services under this Agreement . In the event that independent <br /> contractors are utilized , HAI shall nevertheless be solely <br /> responsible for ensuring that services are provided by such <br /> independent contractors as required by this Agreement . <br /> 2 . Status of the Parties . HAI and Employer agree that <br /> HAI is an independent contractor and , except as otherwise provided <br /> in this Agreement or the exhibits hereto, neither is the agent of <br /> the other , nor is either authorized to act on behalf of the other in <br /> any manner. HAI shall be required , at its sole expense , to provide <br /> all supplies , equipment and personnel necessary for its performance <br /> as required herein . All personnel performing obligations of HAI <br /> hereunder shall either be employees of HAI or independent <br /> contractors retained by HAI , <br /> 3 . Compliance with Law. HAI shall be recuired to <br /> obtain, at its sole expense , all licenses and permits necessary for <br /> it to perform its obligations hereunder. Whenever necessary , <br /> Employer agrees to cooperate with HAI in providing such information <br /> and/or documents as may be necessary to obtain such licenses cr <br /> permits . Both HAI and Employer agree to comply with all applicable <br /> local , state and Federal laws , rules and regulations prohibiting <br /> discrimination or otherwise regulating the terms and conditions of <br /> employment . <br /> 4 . Confidentiality . Employer agrees that all <br /> participation by its employees and their dependents in programs <br /> hereunder is voluntary and confidential , except as required <br /> otherwise by applicable law. HAI shall not be compelled to disclose <br /> to Employer any information with respect to program participants <br /> obtained by HAI pursuant to their participation in programs <br /> hereunder, except with the written consent of those -participants , or <br /> as required by law. HAI agrees that all information pertaining to <br /> Employer obtained by its employees or any persons retained by it <br /> pursuant to this Agreement shall be kept confidential , except as <br /> required otherwise by applicable law . <br /> 5 . Employer' s Richts Respecting Employees . In entering <br /> into this Agreement , Employer is not relincuishing any of its rights <br /> and obligations to control any facets of the employment relationship <br /> between Employer and participants in programs hereunder , including <br /> all rights to take disciplinary action relating to any employee of <br /> Employer . HAI agrees that the programs it provides for Employer <br /> 6 <br />