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HomeMy WebLinkAboutAgreement_General_09/02/2015 LIFE ENRICHMENT EMPLOYEE ASSISTANCE PROGRAM AGREEMENT made this 2n day of September 2015 between CENTER FOR FAMILY SERVICES 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 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, 2015 and ending September 30, 2016, unless terminated earlier pursuant to Section XI. II. SERVICES TO BE PERFORMED BY CFS: A. CFS shall perform for the Company's full /part time employees and their eligible family members, unlimited 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. Elder care resource and referral per contract year Life Enrichment EAP is a program of The Center for Family Services of Palm Beach County 4101 Parker Avenue West Palm Beach, FL 33405 800 - 404 -7960 561 -616 -1230 FAX 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, 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 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 two 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: $3.30 per employee per month, based upon 86 employees, payable in advance at the beginning of the contract year, and on April 1 This amounts to two payments in the amount of $1,702.80, one in October and one in April. 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 -1310, 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 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 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' 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 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 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. 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 Dr. Thomas Greer Chief Executive Officer Center For Family Services of Palm Beach County, Inc. 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 VILLAGE OF TEQUESTA WITNESSES: (1) by: Its "the Company" CENTER FOR FAMILY SERVICES OF PALM BEACH COUNTY, INC. By: (�— / �-- i .� Chief Executive Officer "CFS"