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HomeMy WebLinkAboutDocumentation_Regular_Tab 05_08/09/2012 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 8/9/2012 Consent Agenda: Yes Resolution #: Originating Department: Human Resources AGENDA ITEM T1TLE: (Wording form the SUBJECT line of your staff report) Renewal of the Employee Assistance Program Agreement with the Center for Family Services of Palm Beach County, Inc for FY2012-13. BUDGET / FINANCIAL IMPACT: Account #: 001-111.526.102 Amount of this item: $3,405.60 Current Budgeted Amount Available: Amount Remaining after item: $3,800 budgeted for FY2012-13 $394.40 Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item. item. EXECUTIVE SUMMARY OF MAJOR ISSUES: (77iis is a sr►ap shot description of the agenda item) Renewal of a 1-year contract for the Employee Assistance Program for FY2012h3 with the Center for Family Services and authorizing the Village Manager to execute the contract on behalf of the Village. APPROVALS: SIGNATUR�: ;� �. Department Head � ���� �� ��� � ;�;� Finance Director Reviewed for Financial Sufficiency (� � / No Financial Impact ❑ Attorney: (for legal sufficiency) See attached Village Manager: Submit for Council Discussion: � �, � � .- -- --�--------�--..� Approve Item: ❑ � Deny Item: � SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the number of copies you want signed and place "Sign Here" sticker on them) Form Amended: 10/20/11 . • • Memo To: Michael R Couzzo, Jr., Village Mana�er ,` , From: Merlene Reid, HR Director �' / Date: July 27, 2012 Re: Employee Assistance Program Renewal Agreement 2012-13 The Employee Assistance Program continues to benefit employees with their range of services which include interpersonal conflict and job-related issues, relationship counseling, substance abuse & mental health counseling, parent/child, marital and elder-care counseling, among other services. There has been no increase to the 2012/13 rates of $3.30 per employee per month. We currently have 86 eligible employees for a total cost of $3,405.60. Our contract price also includes two 1-hour supervisory training sessions and finro worksite seminars. A copy of the proposed contract is attached. If approved, the Center will submit 2 copies for the Village to sign. �'� � I � �'r LIFE ENRICHMENT EMPLOYEE AS5[STANCE PROGRAM AGREEMENT made this 25�' day of July 2012 befinreen THE CENTER F�R FAfwILY S�RVICES OF PALM BEACH COUNTY, INC., hereinafter referred to as "CFS", and VILLAGE OF TEQUESTA, referred to as "the Company." WHEREAS, the Company desires to retain CFS with expertise in the Employee Assistance Program (EAP) and Drug Free VVorkplace Program (DFWP) Services and CFS agrees to be retained to provide services as called for in this agreement. Therefore, in cansideration 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, 2012 and ending September 30, 2013, unless terminated earlier pursuant to Section XI. IL SERVICES TO BE PERFORMED BY CFS: A, CFS shall perForm for the Compan�s fulUpart time employees and their eli�ible familv members. unlimited sessions far 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. Divarce 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 LegaU Financial Consultations provided by CLC, Conso(idated Legal Concepts 10. Elder care resource and referral per contract year life Enricbmen► EAP is a program of The Center for Famrfy Seroices of Palm 8each County 4101 Parker Avenue West Palm Beach, FL 33405 800-404-7960 561-616-1230 Ffvc www.eaplife.org 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, foflow-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 IIL 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 tF�ree (3) working days. For those employeesleligible family members that CFS considers to have an emergency, CF9 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 loeations. V. �MPLOYEE AINARENESS: 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: $3.30 per employee per month, based upon 86 employees, payable in advance at the beginning of each annual quarter of the year and by the first of each quarter (October 1, January 1, April 1, and July 1.) This amounts to four (4) payments of $861:40 or $3,405.60 per year. If the number of employees varies (+) or (-) 5% the necessary cost adjustments will be made on a quarterly basis. Supervisory training sessions, other than 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 sessions provided in section II-610, may be performed at a cost of $250.0� per hour. Critical Incident Stress Debriefing interventions shall be performed at a cast of $250.00 per hour. IX. RELATIONSHIP BETWEEN THE PARTIES: CFS's relationship to the Company creatsd by this Agreemen# 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 fhe EAP Dire�tor will be or will be deemed to be, the employee, agent or servant af 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 limita#ion, compensation insurance and unemployment insurance, will be available ta CFS or its agents, employees or servants. CFS will assume full responsibility for the payment of all federal, state and .local ta�ces or other contributions imposed or required under unemployment, social security and income taac 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 aliowed 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 for the 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 empioyee, 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 Direc#or for use of an outside provider for counseling, is when an employee's access to CFS' two 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 becom� 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: . "Efigible family member" includes an employee's spouse, an employee's unmarried children under the age of 19, and 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 conditian 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 applicafion, 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 'rf hand deiivered, mailed from within the United States by � certified or registered mail. 1. If to the Company in care of Merlene Reid Human Resource Director Village of Tequesta 345 Tequesta Drive Tequesta, Florida 33469 2. If to CFS in care of Dorla Leslie Chief Executive O�cer 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 ofiher party hereto. No#ices other than those dealing with a change of address shall be deeme�J given when mailed using United States Postal Service mail or hand delivered. Change of address notices shall be deemed given when reeeived. 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 fhe 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 undersfand'+ng befinreen the parties and supersedes all Qrior negotiations, understandings, representations (if any), and agreements made by and between the pa�ties. 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 a�torney`s fees, which shall include any fees and costs attributable to trial, appellate, or post judgment proceedings. IN WITiVESS VVHEREOF, the parties hereunto executed this Agreement the day and year first above written VILLAGE OF TEQUESTA WITNESSES: �� ) bY� Its "the Company" THE CENTER FOR �l�►MILY SERVICES OF PALM BEACH CUUNTY, INC. �� � By: Dorla Leslie Chief Executive Officer "CFS"