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Home My Public Portal AboutAgmt 2005-06THE CENTER FOR FAMILY SERVICES OF PALM BEACH COUNTY, INC. LIFE ENRICHMENT EMPLOYEE ASSISTANCE PROGRAM AGREEMENT made this 1st day of October 2005 between THE CENTER FOR FAMILY SERVICES OF PALM BEACH COUNTY, INC., hereinafter referred to as "CFS" and THE TOWN OF GULFSTREAM referred to as "the company." WHEREAS the Company desires to retain CFS with expertise in the Employee Assistance Program (EAP), CFS agrees to be retained to provide services as called for in this agreement; Therefore, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: TERM OF AGREEMENT This Agreement shall be in full force and effect for the period beginning October 1, 2005 ending September 30, 2006, unless terminated earlier pursuant to Section XI. SERVICES TO BE PERFORMED BY CFS; A. CFS shall perform for the Company's employees and their eligible family members, the following EAP services: 1. Marital counseling; 2. Divorce adjustment counseling; 3. Job-related counseling; 4. Parent/child counseling; 5. Substance abuse assessment and counseling or referral; 6. Counseling related to the problems of older persons; 7. Counseling or referral related to physical or developmental disabilities; 8. Referral for financial or legal consultation, up to three (3) separate matters per contract year; 9. Mental Health assessment and counseling; 10. Each employee and each eligible family member shall be entitled up to a total of sixes counseling sessions per family per contract year; B. CFS further agrees to provide to the Company: 1. Technical assistance in the development of EAP policies & procedures; 2. Case management (coordination of community resources, follow-up and case advocacy); 3. Referral to specialized services not offered by CFS, but required by an employee/eligible family member; 4. Training sessions supervisory personnel to sensitize them to the services of CFS and to instruct them on using the services; 5. On-site consultation by CFS staff in those cases where CFS deems it necessary; 6. Telephone consultation with EAP staff or CFS as necessary; 7. Priority for EAP appointments. 8. Employee orientation to EAP educational and promotional materials for all employees; 9. Two (2) employee and supervisors Drug -Free Workplace orientation and training. 10. U.S. Department of Transportation (DOT) regulations compliance training. III. SERVICE LOCATIONS: The services under this Agreement will be provided at CFS locations or those of its network agencies. IV. METHOD OF INTAKE: Employees/eligible family members desiring counseling or assistance should call our toll-free telephone number, 1-800-404-7960. Within 24 hours of an initial call, CFS will notify employees/eligible family members of an appointment time to occur within five (5) working days. For those employees/eligible family members which CFS considers to have an emergency, CFS will grant an appointment within 24 hours of an initial call. V. EMPLOYEE AWARENESS: Whenever the Company deems it necessary to communicate the benefits of the counseling program to the Company's employees/eligible family members, the Company shall provide for and incur all related mailing expenses. CFS agrees to provide the printed material to be enclosed. VI. REPORTING: CFS agrees to provide monthly utilization reports to the Company. The reports will include statistics for the preceding quarter including the number of new employees/eligible family members seen, the number of new cases opened, and the number of cases closed, as well as year-to-date statistics. The Company agrees to provide CFS with a quarterly computer print-out of the names of each of its current employees, in order that CFS can determine eligibility for counseling. VII. CONFIDENTIALITY: Employees/eligible family members who utilize the counseling services are entitled to privacy. CFS will maintain a confidential relationship with all employees/eligible family members within the limitations of the law. No reports which contain any identifying information will be provided to the Company without the knowledge, approval and written consent of the employee or eligible family member. Likewise, information learned about the Company, such as salaries, personnel problems, etc., are treated in a confidential manner. VIII. PAYMENT OF CFS: The company agrees to pay CFS for all services performed pursuant to this Agreement at the rate of: $65.00 per session per employee and eligible dependent for six sessions per contract year and an administrative fee of $33.75 per month. Supervisory training sessions (limited to fifty employees per session), other initial session provided for in Section II. B4 and B8 shall be performed at a cost of $125.00 per hour. In addition to those services performed pursuant to this agreement, additional services, including employee seminars on a variety of subjects, may be performed based upon a flat per -service amount mutually agreed upon in writing by the parties. Critical Stress Debriefing is $125.00 per hour, per therapist, per incident. IX. RELATIONSHIP BETWEEN THE PARTIES: CFS's relationship to the Company created by this Agreement is that of an independent contractor and not an employee, agent, partner or joint venturer with the Company. The Company is only interested in the results of CFS's performance under this Agreement. No agent, employee or servant of CFS, including the EAP Director will be or will be deemed to be, the employee, agent or servant of the Company and the Company agrees not to hire any such individual during the course and duration of this Agreement. CFS shall assume all responsibility for the payment of wages and benefits to its agents, employees, and servants, if any, for services performed by them under this Agreement. None of the benefits provided by the Company to its employees, including, with limitation, compensation insurance and unemployment insurance, will be available to CFS or its agents, employees or servants. CFS will assume full responsibility for the payment of all federal, state and local taxes or other contributions imposed or required under unemployment, social security and income tax laws, with respect to CFS's engagement by the Company under this Agreement. X. CONTINUITY OF CARE: Should the counseling needs exceed the designated number of sessions allowed pursuant to Section II, or should this Agreement terminate pursuant to Section XI or by non -renewal, employees/eligible family members may elect to convert to a flat rate of $20.00 per session or CFS' fee schedule without interruption of counseling sessions, and shall be responsible for their own fees. Upon termination of an employee, the employee / eligible family member receiving services may also convert to CFS' fee schedule and shall be responsible for her/his own fees. XI. TERMINATION: This Agreement is subject to termination, prior to its expiration, upon either party delivering to the other a written notice of intention to terminate this Agreement, which shall become effective (90) days thereafter. Unless otherwise terminated by either party, this Agreement is to be renegotiated at the end of each contract period. XII. DEFINITIONS: "Eligible family member" includes an employee's spouse, an employee's unmarried dependent children under the age of 19, and unmarried children up to the age of 21, who full-time students. "EAP" is the employee assistance program. XIII. MISCELLANEOUS: A. Enforceability If any term or condition of this Agreement shall be invalid or unenforceable to any extent or in any application, then the remainder of this Agreement, and such term or condition except to such extent or in such application, shall not be affected hereby and each and every term and condition of this Agreement shall be valid and enforced to the fullest extent and in the broadest application permitted by law. B. Notice All notices or other communications required or permitted to be given pursuant to this Agreement shall be in writing and shall be considered as properly made if hand delivered, mailed from within the United States by certified or registered mail or sent by prepaid telegram. If to the Company in care of Mr. William Thrasher Town Manager Town of Gulstream 100 Sea Road Gulfstream, FL 33483 2. If to CFS in care of Dorla Leslie Executive Director The Center for Family Services 471 Spencer Drive West Palm Beach, Florida 33409 or to such other addresses as any other party may have designated by like notice forwarded to the other party hereto. Notices other than those dealing with a change of address shall be deemed given when mailed, telegraphed or hand delivered. Change of address notices shall be deemed given when received. C. Application of Florida Law This Agreement, and the application or interpretation thereof, shall be governed exclusively by its terms and by the laws of the State of Florida. D. Counterparts This Agreement may be executed by any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. E. Assignment CFS may not assign or subcontract its rights or obligations under this Agreement without the prior written consent of the Company. The Company may not assign its rights or obligations without prior written consent of CFS. F. Litigation In the event of litigation between the parties hereto arising out of or to settle issues or disputes arising under this Agreement, the prevailing party in such litigation shall be entitled to recover against the other party its costs including reasonable attorney's fees, which shall include any fees and costs attributable to trial, appellate, or post -judgment proceedings. G. Entire Agreement This Agreement represents the entire agreement and understanding between the parties and supersedes all prior negotiations, understandings, representations (if any), and agreements made by and between the parties. This Agreement shall not be subject to modification or amendment by any oral representation, or any written statement by either party, except for a dated written amendment to this Agreement signed by CFS and an authorized representative of the Company. IN WITNESS WHEREOF, the parties hereunto executed this Agreement the day and year first above written. WITNESSES: M By: �vv () Its io��-wlF .1f-✓�a 2 "thee Company" THE CENTER FOR FAMILY SERVICES OF PALM BEACH COUNTY, INC. By: &4"&7CYaz Executive Director "CFS" \#/ 1��•rOr LIFE ENRICHMENT EMPLOYEE ASSISTANCE PROGRAM September 21, 2005 Town of Gulfstream Attn: William Thrasher, Town Manager 100 Sea Road Gulfstream, FL 33483 Dear Mr. Thrasher: We look forward to providing our services to your employees for the next contract year of October I, 2005 through September 30, 2006. With your approval, all terms and conditions of your EAP Agreement will remain in effect. Please sign the attached contract, retaining one copy for your files, and return the original to the EAP Department, 471 Spencer Drive, West Palm Beach, FL 33409. Along with the renewal, please also be kind enough to include an updated count of your employees. Please do not submit names and social security #'s. T% kyou„�� r 6 acey len, Admin alive AssistanUlntake X 471 Spencer Drive • West Palm Beach • Florida • 33409 • V: 800.404.7960 • F: 561.616.1230 • www.eaplife.org Life Enrichment EAP is a program of The Center for Family services of Palm Beach County