HomeMy Public PortalAboutAgmt 1996-97q(o(Qq
THE CENTER FOR FAMILY SERVICES OF PALM BEACH COUNTY, INC.
EMPLOYEE ASSISTANCE PROGRAM
DRUG-FREE WORKPLACE SERVICES
AGREEMENT made this 21st day of October 1996, between THE CENTER FOR FAMILY
SERVICES OF PALM BEACH COUNTY, INC., hereinafter referred to as "CFS" andTOWN
OF GULFSTREAM, referred to as "the company."
WHEREAS the Company desires to retain CFS with expertise in the Employee Assistance
Program (EAP) and Drug -Free Workplace (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:
TERM OF AGREEMENT
This Agreement shall be in full force and effect for the period beginning October
21,1996 and ending October 20, 1997, 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 counseling;
9. Mental Health assessment and counseling.
10. Employees/eligible family members shall be entitled to a
total of six (6) counseling sessions per family pe
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);
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3. Referral to specialized services not offered by CFS, but
required by an employee/eligible family member;
4. Two one hour training session for supervisory personnel to sensitize
them to the services of CFS and to instruct them on using the services;
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; and
8. Two (2) employee orientations to EAP and promotional materials for
all employees.
9. Two (2) employee and supervisors Drug -Free Workplace orientation
and training required yearly.
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
the designated CFS location for their area. 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 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.
The Company agrees to provide CFS with a quarterly computer print-out of the
names and social security numbers of each of its current employees, in order that
CFS can determine eligibility for counseling.
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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 or eligible dependent for six sessions per year.
A start up fee of $250.00 and $125.00 per month retainer fee.
Supervisory training sessions, other than the 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.
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.
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X. CONTINUATION OF SERVICES:
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 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 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 spouse, an employee's unmarried
children under the age of 19, and an employee's unmarried children under the age
of 21 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 or sent by prepaid telegram.
In
If to the Company in care of
Mr. E. Scott Harrington
Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483-7427
2. If to CFS in care of
David M. Gersh, Ph.D.
Executive Director
The Center For Family Services
2405 Mercer Avenue, Suite 10
West Palm Beach, Florida 33401
(561)655-6247
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.
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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) VkI
By,
"the Company"
THE CENTER FOR FAMILY SERVICES OF
PALM BEACH COUNTY, INC.
M-Pa,nt4 B
s xecutive Director
(2) A Q,l7T�
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1/96
"CFS"
U
(2)
By,
"the Company"
THE CENTER FOR FAMILY SERVICES OF
PALM BEACH COUNTY, INC.
M-Pa,nt4 B
s xecutive Director
(2) A Q,l7T�
-6-
1/96
"CFS"