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R93-20RESOLUTION NO. R93-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CENTER FOR FAMILY SERVICES OF PALM BEACH COUNTY, INC., ("CFS"); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the between Center for Family Services Inc.; BE IT RESOLVED BY THE CITY COMMISSION OF , FLORIDA, THAT: SectiQn 1. The F~yor and City Clerk are hereby an Agreement between the City of Boynton Beach Family Services of Palm Beach County, Inc., for our Employee Assistance Program ("E.A.P."), which Agreement is attached hereto as Exhibit "A't. Section2. That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this /~ day of February, 1993. CITY OF BOYNTON BEACH, FLORIDA ! 'Mayor '~ ~/ Vice May/~r/ Co~/t/s s ± ener ATTEST: CiWy Clerk (Corporate Seal) Authsig.doc EAP.Pro 2/11/93 AGREEMENT made this let day of February, 1993, between THE CENTER FOR FAMILY SERVICES OF PALM BEACH COUNTY, INC., hereinafter referred to as "CFS" and CITY OF BOYNTON BEACH, referred to as '~the company." WHEREAS the Company desires to retain CFS with expertise in F~ployee Assistance Program (EAP) services and CFa agrees to be retained =o provide services as called for in this agreement; Therefore, in consideration of the mutual promises and covenants contained herein, the par~ies hereby agree as follows: I. TERM OF AGREEMENT This Agreement shall be in full force and effect for the period beginning February 1, 1993 and ending January 31, 1994, unless terminated earlier pursuant tO Section XI. II. SERVICES TO BE PERFORMED BY CFS; A. CFSshal for the Company's employees and their eligible family EAP services: 1.'~Marital counseling; 2. Divorce adjustment counseling; 3. Job-related cO~nseling;. 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; Mental. Healt~ assessmen= and counseling. 10. Employees/eLigible family members shall be entitled =o a total of six (6) counseling sessions per family per contract year. CFS further agrees to provide to the Company: 1. Technical assistance in the development of EAP policies and procedures; 2. Case.management (coordination of comunity resources, follow- up and case advocacy); 3. Referral to specialized services not offered by CFS, but reguired by an employee/eligible family member; 4. Onetwo hour training session for supervisory personnel to sensitize them to the services of CFS and to instruct them on using the aervzces (limited =o fifty employees); 5. Telephone. consultation with EAP staff or CFS as necessary; 6. 0nis~{e consultation by CFa staff in those cases where CFa deems it necessary; 7. Priority for EAP appointments; and 8. EAP educational and promotional materials for employees. lA III. SERVICE LOCATIONS: The serYices 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 c~ll, CF~' will notify employees/~iigible family members of an appointment time~ to occurs'within five' (5) working days. For those employees/elig members which CFS ~considers to have an emergency, CFS will grant an oran 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 all related mailing expenses. CFS agrees =o provide the ~ to be enclosed. VI. REPORTING: CFS agrees to provide monthly utilization reports to the Company. The repor~sl 1 include~ statistics for the preceding quarter including the number of new 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 nemes~ a social ~ecurity numbers of each of. its current employees, in order that CFS 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 p=oblems, etc., are nreated in a confidential manner. VIII. PAXMENT OF CFS The company agrees to pay CFS for all services performed pursuant to this Agreement at the rate of= 2A $2.11 per employee per month, based upon 662 employees, payable in advance at the beginning of each aervice quarter of the year and by the first of each quarter (February 1, May 1, August 1, and November, 1. ) This amounts to four (4) paymenta of $4,190.46 or $16,761.84 per year.. If the number of employees var~e~/~(+) or (-) 5% _the necessary cos= adjustments will be made on a quarterly b~Sis. ~ other than the at a cost of ! to J of subjects agreed upon in writing ed.~o fifty employees per session), B, ~hall be performed variety amount mutually an IX. CO~pany is this ~greement. No of the to contributions tax laws, wit~ created by thi~ Agreement is that of agen~,,partner .or joint venturer interested in the results of CFS's agent, employee or servant of CFS, or will be deemed to be, the employee, agent ~ agrees no=L,t~ h~re any such'individual CFS shall ~iassume all to its agen~s~ employees, None with ~will ~e available ~ full other social securit~ and income engagement by the company uD~erlthie~greement. X. CONTINUATION OF ~ERVICES: Should the allowed pursuant Section XI or convert shall beires schedul ~ounseLing needs exceed the designated number .of ~sessions II,~ or should this Agreemen= terminate, pursuan= ~o members may elect ~to interruption of ~ounseling sessions and Upon termination of an employee, the servzces may also convert to CFS' fee be responsible for her/his own fees. XI. TERMINATION: This Agreement is subject to termination, prior to its expiration, upon either par=y 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 par~y, this Agreemen~ ia to be renegotiated at the end of each contract period. XII. DEFINITIONS: unmarried~g~-,le member" i~cludes an em-~- , family und .... children under the age i~f 19 -~ m~uyee s spouse, an employee,, =~ =ne age of 21 who are fu,= ~. , ~u an employee.s unmar-=-~ L.: - "BAP" is the employee assistance program. XIII. MISCELLANEous: A. Enforceability If unenforceable Agreement, of any term or condition of this Agreement shall be invalid or to any extent or in any application, then the remainder of this and such term~ or condition except to such extent or in SUch every term and condition by law. to the'fullest extent and in the S. Notice given properly made if hand delivered, mailed from within certified or registered mail or aent by prepaid telegram. Ail notices or Other communications required or Permitted to be pursuant to this Agreement shall be in writing and shall be considered aa the United States by If to the Company in care of William ~. Sullivan Personnel Director City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 2. If =o CFS in Care of 33425-0310 Mr. R. Edwin Reed, Jr., The Cen~er For Family Servicea 2405 Mercer Avenue, Suite 10 West Palm Beach, Florida 33401 or to such other addresses aa any other party may have designated by like notice forwarded to the other patty 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. 4A C. Application of Florida Law This Agreement, and the application or interpretation shall be governed exclusively by its terms and by the laws of the Florida. thereof, Sta=e of 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. may not E. Assignment subcontract ite~'~ights 'or written~ consent : o~liga~iOns~ without .under C~S., F. Entire Agreement This Agreement represents the entire agreement and understanding representation, or any written statement b% written amendment to this Agreement signed representative of the Company. by CFS by any oral f6~ a dated and an authorized G. Litigation In the event of litigation between the parties hereto arising out of or ~o 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 =o trial, appellate, or post-judgment proceedings. IN WITNESS WHEREO~, the parties hereunto executed this Agreement the day and year first above written. WITNESSES: (1) Its (2) "the Company" 4192 THE CENTER FOR FAMILY SERVICES OF P~AL~E~ACH~UNTY, INC. Its Executive Director "CFS" 5A