R98-014RESOLUTION NO. R98-/'~/
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.
PROVIDING SERVICES FOR THE EMPLOYEE
ASSISTANCE PROGRAM AND DRUG-FREE
WORKPLACE SERVICES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach provides its employees with drug-
free workplace services and access to the Employee Assistance prOgram; and
WHEREAS, the Center for Family Services of Palm Beach County, Inc. has
provided these services on a contractual basis with the City in the past; and
WHEREAS, the City Commission' has determined that it is in the best
interests of the citizens of the City of Boynton Beach to enter into an agreement
with the Center for Family Services of Palm Beach County, Inc. to provide the
necessary services for the Employee Assistance Program and to provide drug-
free workplace services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON' BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct 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. to provide drug-free workplace services and
services for the Employee Assistance Program, a copy of said agreement is
attached hereto as Exhibit "A"
Section 2. This Resolution shall become effective-immediately upon
passage.
PASSED AND ADOPTED this ~,~'~ day of January, 1998.
ATTEST:
'Cit~ Clerk -
(Corporate Seal)
c a\ r es o\~[~e e r~e. t e r ~,~ mlr~.,¢ r vi .... EAP
CITY OF BOYNTON BEACH, FLORIDA
Vice ~,,e~ayor
i~om m is~ne~/ /
~o~nmisSioner
Commissioner .~
THE CENTER FOR FAMILY SERVICES OF PALM BEACH COUNTY, INC.
EMPLOYEE ASSISTANCE PROGRAM
&
DRUG-FREE WORKPLACE SERVICES
AGREEMENT made this 6th day of January 1998, between THE CENTER FOR FAMILY
SERVICES OF PALM BEACH COUNTY, !NC., hereinafter referred to as "CFS" and THE
CITY OF BOYNTON, BEACH 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
!1.
This Agreement shall be in full force and effect from the pedod beginning on the
date of execution by Company and ending September 30, 2000, with the Company
having the option to renew for an additional one (!) year period (October 1, 2000
to September 30, 2001) bY providing notice.to CFS of said intention to renew.
SERVICES TO BE PERFORMED BY CFS;
A. CFS shall perform for the Company's employees and their eligible family
members, the following EAP services:
2.
3.
4.
5.
7.
10.
Marital counseling;
Divorce adjustment counseling;
Job-related counseling;
Parent/child counseling;
Substance abuse assessment and counseling or.referral;
Counseling related-to the problems of older persons;.
Counseling or referral related to physical ordeveiopmental
disabilities;'
Referral for financial or legal counseling;
'Ment"al~Health assessment and counseling.
Employees/eligible family members shall be entitled to six (6)
counselin.q sessions per family per cor~tract 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);
III.
IV.
VI.
3. Referral to specialized services not offered by CFS, but
required by an em ployee!eligible family member;
4. Training sessions 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 F_AP appointments; and
8. Employee orientations to EAP and promotional materials for ali
employees.
9. Two. (2) employee and supervisors Drug-Free Workplace orientation
and training.
10. U.S. Department of Transportation (DOT) regulations compliance
training.
SERVICE LOCATIONS:
The services under this Agreement will be provided at CFS locations or
those of its network agencies.
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.
EMPLOYEE AWARENESS:
Whenever the Company deems it nedessary 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.
REPOR'I'ING.*~'
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 secur~ numbers of each of its current employees, in order that CFS can determine
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 wdtten consent of the employee or eligible family member. Likewise,
information ~arned 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:'
$2.25 per employee per month, based upon 704 employees, payable in
advance at the beginning of each annual quarter. This amounts to four
(4) payments of $4752.00 or $19,008.00 per year. If the number of
employees varies (+) or (-) 5%, the necessary cost adjustmentswill be
made on a quarterly basis.
Supervisory training sessions (limited to fifty employees per session), other
than the initial session provided for in Section II. B4 and B8~ shall be
performed at a cost of $125 per hour. tn addition to those services
performed pursuant to this Agreement, including employee seminars on a
variety Of subjects, may be performed based upon the flat per-service
amount mutually agreed upOn in writing by the parties. Critical Incident
Stress Debriefing is $125.00 per hour, per therapist, per incident.
IX. RELATIONSHIP .BETWEEN THE PARTIES:
CFS's relationship to the Company created by this Agreement is that of an
indep-e-n~ent-cl~ntractorand 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 E. AP 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
Xl.
×11.
XIII.
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.
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
em ployee/eligible family member receiving services may also convert to CFS' fee
schedule and shall be responsible for her/his own feeS.
TERMINATION:.
This Agreement is subject to termination, prior to its-expiration; upon either party
delivering to the other a written notice of intention t(5 'terminate thisAgreement,
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, or at the end of the option period if exerciSed by the
Company.
DEFINITIONS:
"Eligible family member" *includes an emploYee's spouse,;an employee's
unmarried children under the age of 19, and an employee's unmardedchildren
under the age of 2-1 who are full-time students: "EAP'" is the employee
assistance program.
MISCELLANEOUS:
Enforceability
If ~iri~ tei-?n-"Sr condition of this Agreement shall be invalid or unenforceable
to any extent or in any application, then the re.mainder 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.
All notices or other communications required or permitted to be given
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pursuant to this Agreement shall be in writing and shall be considered as
properly made by U.S certified mail return receipt .request.
1. If to the Company in care of
Director of Human Resources
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL. 33425-0310
2. If to CFS in care of
David Vacca
Executive Director
The Center for Family Services of Palm. Beach County, Inc.
471 Spencer Drive
West Palm Beach, FL. 33409
or to such other addresses as any other party may have designated by
like notice fon~arded 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- sa me- instrument.
E. Assignment
CFS may not assign or subcontraCt its dghts or obligations under this
Agreement without the pdor written consent of the Company. The Corn pany
may not assign its rights or obligations without prior written consent of CFS.
F. Entire Agreement
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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.
Litigation
In the event of litigation between the parties hereto arising out of or to settle
issues or disputes adsing 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. Venue shall~be
Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereunto executed this Agreement the day and
year first above written.
WITNESSES:
(2)
THE CENTER FOR FAMILY SERVICES
David A. Vacca, President
CITY OF BOYNTON BEACH
By:
Sue Kruse, City Clerk Ger;ld Ta.,~h Mayor
APPsROVED AS TO F~R!~:~ ///
Cit~ ,~ttorney
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