HomeMy Public PortalAboutAgmt 2007-08THE CENTER FOR FAMILY SERVICES OF PALM BEACH COUNTY, INC.
LIFE ENRICHMENT EMPLOYEE ASSISTANCE PROGRAM
AGREEMENT made this 1st day of September 2007 between THE CENTER FOR FAMILY
SERVICES OF PALM BEACH COUNTY, INC., hereinafter referred to as "CFS", and the
TOWN OF GULF STREAM, referred to as "the Company."
WHEREAS, the Company desires to retain CFS with expertise in the Employee Assistance
Program (EAP) and Drug Free Workplace Program (DFWP) Services and 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:
I. TERM OF AGREEMENT
This Agreement shall be in full force and in effect for the period
beginning October 1, 2007 and ending September 30, 2008, unless
terminated earlier pursuant to Section XI.
SERVICES TO BE PERFORMED BY CFS:
A. CFS shall perform for the Company's full time employees and their eligible
family members. six (6) sessions for the following EAP services. If multiple family
members attend a session as a group, each individual family member will use one
of their allotted number of sessions.
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. Mental Health assessment and counseling
9. Unlimited Legal/ Financial Consultations provided by CLC, Consolidated
Legal Concepts
10. Elder care resource and referral 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. Two one hour Supervisory Training sessions
5. Telephone consultation with EAP staff or CFS as necessary
6. On-site consultation by CFS staff in those cases where CFS deems it
necessary
7. Priority for EAP appointments
8. Benefit Talks / Fairs as needed
9. New Employee Orientation
10. Two Worksite Seminars on a variety of topics
11. U.S. Department of Transportation (DOT) 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
the Center at 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 three (3)
working days. For those employees/eligible family members that CFS considers to
have an emergency, CFS will grant an appointment within 4 hours of an initial call.
For urgent care, an appointment will be made within 24 hours. These appointments
can be made at any one of our three locations.
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 annual utilization reports to the Company. The reports will
include statistics for the preceding year 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.
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 TO CFS:
The Company agrees to pay CFS for all services performed pursuant to this
Agreement at the rate of:
$70.00 per hour session and a yearly administrative fee of $600.00. This amount to
twelve (12) equal payments of $50.00 for administrative costs to be paid the first of
each month, with session costs to be invoiced.
Supervisory training sessions, otherthan the initial sessions provided in section II -B
4, shall be performed at a cost of $250.00 per hour. In addition to those services
performed pursuant to the agreement, including employee seminars on a variety of
subjects, other than the initial two trainings provided in section II -B 10, may be
performed at a cost of $250.00 per hour. Critical Incident Stress Debriefing
interventions shall be performed at a cost of $250.00 per hour.
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' 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, employees / eligible family members may continue sessions
without interruption based on a CFS sliding fee scale, payable at time of service,
and are responsible for their fees. If the employer wishes to pay for extended
sessions for employees, the rate forthe session is $150.00 per hour billed monthly.
Should this Agreement terminate pursuant to Section XI or by non -renewal,
employees / eligible family members may elect to continue counseling and pay out
of pocket or use insurance benefits based on CFS' fee schedule. Upon termination
of an employee, the employee / eligible family member receiving services may also
convert to self- pay or use CFS' fee schedule and shall be responsible for her/his
own fees.
USE OF OUTSIDE PROVIDERS:
The only time authorization is approved by EAP Director for use of an outside
provider for counseling, is when an employee's access to CFS' three locations
is beyond a twenty mile radius. In the event authorization is granted for use of
outside provider, the number of sessions offered may be limited. On contracts
that offer "unlimited" number of sessions to their employees, CFS will not grant
the use of "unlimited" sessions for outside providers. The employee must come
to a CFS office location to be eligible for the "unlimited" sessions. Otherwise,
employee may be responsible for additional fees to the outside provider.
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 ninety (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 legal spouse, an employee's
unmarried children under the age of 23 who are 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.
If to the Company in care of
William Thrasher
Town Manager
Town Of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33483
If to CFS in care of
Dorla Leslie
Executive Director
The Center For Family Services
4101 Parker Avenue
West Palm Beach, Florida 33405
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
using United States Postal Service mail 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. 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.
G. 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.
IN WITNESS WHEREOF, the parties hereunto executed this Agreement the day and year
first above written
WITNESSES:
(1)
(1
TOWN OF GULF STREAM
by: Na-,W.CW\
Its Town of Gulf Stre
"the Company"
THE CENTER FOR FAMILY SERVICES OF
PALM BEACH COUNTY, INC.
0
Executive Director
"CFS"