R07-119
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RESOLUTION NO. R07- //Cf
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH COUNSELING SERVICES INSTITUTE, INC.,
FOR AN EMPLOYEE ASSISTANCE PROGRAM WITH
AN ESTIMATED ANNUAL EXPENDITURE OF
$10,080.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 29,2007, the Human Resources Department requested quotes
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for an Employee Assistance Program for the City of Boynton Beach employees; and
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WHEREAS, five companies responded to the request for quotes with Counseling
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Services Institute, Inc., being selected based on their scope of services and their competitive
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19 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
20 interest of the City to enter into the Employee Assistance Program Agreement with
21 Counseling Services Institute, Inc for a period of one (1) year.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
Each Whereas clause set forth above IS true and correct and
25 incorporated herein by this reference.
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Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
27 approves and authorizes the City Manager and City Clerk to execute the Employee Assistance
28 Program Agreement between the City of Boynton Beach and Counseling Services Institute,
29 Inc., for an Employee Assistance Program for the period of one (1) year and an estimated
S:\CA\RESO\Agreements\Counseling Services Institute (EAP).doc
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expenditure of $1 0,080.00, a copy of said Agreement is attached hereto as Exhibit "A".
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Section 3.
That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of October, 2007.
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ATTEST:
Ja t M. Prainito, CMC
Ity Clerk
CITY OF BOYNTON BEACH, FLORIDA
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S:\CA\RESOlAgreements\Counseling Services Institute (EAP).doc
EMPLOYEE ASSISTANCE PROGRAM AGREEMENT
THIS AGREEMENT, is entered between the CITY OF BOYNTON BEACH, hereinafter referred to
as the "City", and COUNSELING SERVICES INSTITUTE, hereinafter referred to as "CSI", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. CSI is retained by the City to provide confidential,
professional Employee Assistance Services to the employees of the City of Boynton Beach and their
dependants.
') SCOPE OF SERVICES. CSI agrees to perform the services, identified on Exhibit "A",
which is attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies.
3. TERM. This Agreement shall be for a period of one (1) year commencing on the date the
Agreement is executed by the City.
4. PAYMENT. CSI shall be an estimated annual amount of$10,080.00, or a cost of$12.00 per
year for each of the City's employees for services rendered under this agreement as follows:
a. CSI will submit invoices to the City on a quarterly basis during the term of the
agreement. Such invoices will be checked by the City, and upon approval thereof, payment will be
made to CSI in the amount approved.
5. COMPLIANCE WITH LAWS. CSI shall, in performing the services contemplated by this
agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and
regulations that are applicable to the services to be rendered under this agreement.
6. INDEMNIFICATION. CSI shall indemnify, defend and hold harmless the City, its offices,
agents and employees, from and against any and all claims, losses or liability, or any portion thereof,
including attorneys fees and costs, arising from injury or death to person, the employees, or damage
to property occasioned by a negligent act, error or omission of CSI, as further discussed in Exhibit
"A."
7. INDEPENDENT CONTRACTOR. CSI and the City agree that CSI is an independent
contractor with respect to the services provided pursuant to this agreement. Nothing in this
agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither CSI nor its employees shall be entitled to any benefits accorded City
employees by virtue of the services provided under this agreement. The City shall not be
responsible for withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to CSI, or any employee of CSI.
8. COVENANT AGAINST CONTINGENT FEES. CSI warrants that he has not employed
or retained any company or person, other than a bonafide employee working solely for CSI, to
solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other
than a bonafide employee working solely for CSI, any fee, commission, percentage, brokerage fee,
gifts, or any other consideration contingent upon or resulting from the award or making of this
contract. For breach or violation of this warranty, the City shall be the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
9. DISCRIMINATION PROHIBITED. CSI, with regard to the work performed by it under
this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed,
age, sex or the presence of any physical or sensory handicap in the selection and retention of
employees or procurement of materials or supplies.
10. ASSIGNMENT. CSI shall not sublet or assign any of the servIces covered by this
agreement without the express written consent of the City.
11. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
12. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving thirty
(30) days written notice to CSI. CSI shall be paid for work completed up to the date of termination.
13. DISPUTES. Any disputes that arise between the parties with respect to the performance of
this contract, which cannot be resolved through reasonable negotiation, shall be submitted to a court
of competent jurisdiction in Palm Beach County, Florida. Further, this agreement shall be construed
under Florida Law.
14. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this agreement, workers compensation, and comprehensive general liability insurance with a
minimum coverage of $1,000,000 per occurrence and professional liability insurance in the amount
of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional
named insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City prior to execution ofthis agreement.
15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
To City:
Kurt Bressner, City Manager
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
To CSI:
Donna Hearn, LMHC, CAP, Director
COUNSELING SERVICES INSTITUTE
7601 Federal Hwy., Suite 165-B
Boca Raton, FL 33487
16. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this
agreement, or the occurrence of any event rendering any portion or provision of this agreement void,
shall in no way affect the validity or enforceability of any other portion or provision of the
agreement. Any void provision shall be deemed severed from the agreement and the balance of the
agreement shall be construed and enforced as if the agreement did not contain the particular portion
or provision held to be void. The parties further agree to reform the agreement to replace any
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stricken provision with a valid provision that comes as close as possible to the intent of the stricken
provISIOn.
17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and CSI and supersedes all prior
negotiations, representations, or agreements written or oral. This agreement may be amended only
by written instrument signed by both the City and CSI.
day of
2007.
DATED this
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
By:
By:
City Clerk
City Manager
Approved as to legal sufficiency
and form:
By:
City Attorney
WITNESSES:
COUNSELING SERVICES INSTITUTE
By:
Print Name:
Printed Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
has produced
, he/she is personally known to me or
(type of identification) as identification.
2007, by
Notary Public - State of Florida
S :ICA IAGMTS\Consultants\Counseling Services Institute.doc
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Submitted by:
Service Areas:
Mailing Address:
Phone:
Fax:
Services:
Fee For Service:
Time Period:
Licenses:
Certifications:
Liability Ins:
Memberships:
EMPLOYEE ASSISTANCE PROGRAM PROPOSAL
FOR
THE CITY OF BOYNTON BEACH
Counseling Services Institute
Donna Hearn, LMHC, CAP, SAP, Director
Local and Statewide
National Referral Network
International Referral Network - Rome; Paris; Switzerland
7601 Federal Hwy., Suite l65-B, Boca Raton, FL 33487
561-995-9500
800-492-0253
561-995-9510
Confidential, professional Employment Assistant Program services
for the City of Boynton Beach employees and their dependents.
$12.00 per employee per year
One year from date of contract
Mental Health Counselor License
Certifying Board Addiction Professionals
(CBAPF) #369
SAP - Substance Abuse Professional - Dept. Of Transportation
Western World; Scottsdale Insurance Compo
Greater Boca Raton Chamber of Commerce
National Assoc. of Alcohol and Drug Abuse Counselors
Children's Cancer Caring Network
National Addiction and Psychiatric Services for Children
Y A TC - Youth Automotive Training Center
Florida Alcohol and Drug Abuse Foundation
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SCOPE OF WORK
The following proposal will offer confidential, professional Employee Assistance
Services ("EAP") to the employees and their dependents of the City of Boynton Beach.
The Counseling Services Institute in Boca Raton, Florida will coordinate all activities of
the EAP through its director, Donna Hearn, in the central location in Boca Raton, and has
a national and international affiliate network that is both credentialed and reliable for
immediate service. The purpose of the EAP is to offer assessment, diagnosis and
treatment or referral services to employees and their dependents for a variety of
incidences that can cause personal problems to become personnel problems. The services
include, but are not limited to legal, financial, mental health, addiction, stress
management, eating/gambling disorders, career consultations, marriage and family
counseling, scholastic problems for children, HIV and AIDS education, support groups
and psychiatric disorders, sexual harassment prevention education, critical debriefing and
workplace violence intervention and prevention. A further purpose is to keep the City of
Boynton Beach compliant with regulations covering policies pertaining to drug-free
workplace. An EAP also keeps the City of Boynton Beach compliant with Worker's
Compo regulations, which require yearly education on substance abuse to be presented in
the workplace. Supervisory and management training will also be provided on an on-
going basis.
A further service of CSI's EAP is on-gomg Education, Awareness and Prevention
program to help insure prevention and/or timely interventions thereby reducing liability.
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EMPLOYEE ASSISTANCE PROGRAM OVERVIEW
1. Schedule of Services Provided in base EAP:
A: For employees
* 5 - individual sessions per employee for evaluation and referral
* 1 - individual session for family members
* All - alcohol or drug evaluations
* 6 - one hour Stress Management Program
* Drug-Free Workplace education for all employees presented quarterly
* Certificates of Participation for all employees receiving Drug-Free Workplace
education
* Confidential, personal take-home assessments for indication of alcohol or other
drug problems.
B: For the employer
* Consultation on the design and implementation of necessary policies and
procedures
* Training for supervisors and managers
* Recognition and documentation of performance problems
* How to utilize the EAP
* In-House promotion of the EAP
* Confidential statistical utilization review
* Annual EAP evaluation
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The following services will be included in the proposal:
For the employees and their dependents:
* 5 office visits per employee
* 1 office visit for dependents
* all alcohol and drug evaluations at no charge
* 6 - one hour stress management sessions per year
* access to monthly educational programs
* referral services to most quality-oriented/cost-effective outside programs when
necessary
* S.A.S.S.1. evaluations for alcohol/drug abuse DUI referrals
* monitoring of all treatment modalities for one year
* 800-number to contact main Boca Raton office
* reduced fees for psychiatric and substance abuse programs and drug tests
Counseling Services Institute shall perform for the City of Boynton Beach employees and
their eligible family members the following services:
. Marital counseling
. Divorce adjustment counseling
· Job-related counseling
. Parent/child counseling
· Substance abuse assessment and counseling or referral
. Senior services
. Counseling or referral related to physical or developmental disabilities
. Mental Health assessment and counseling
. Unlimited Legal/ Financial Consultations provided by EAP
. Elder care resource and referral per contract year
IT IS IMPORTANT TO NOTE THAT NO ONE WILL BE DENIED SERVICES
BECAUSE OF INABILITY TO PAY OR LACK OF INSURANCE. THIS IS THE
PHILOSOPHY OF CS1. ALL EMPLOYEES, DEPENDENTS ARE GIVEN THIS
NOTICE IN WRITING.
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The following services will be offered directly to the City of Boynton Beach:
· Technical assistance in the development ofEAP policies & procedures.
· Case management (coordination of community resources, follow-up and
case advocacy)
· Referral to specialized services not offered by EAP, but required by an
employee/eligible family member
· Telephone consultation with EAP staff as necessary
· On-site consultation by EAP staff in those cases where EAP & the City
of Boynton Beach deem it necessary
. Priority for EAP appointments
· Benefit Talks / Fairs as needed
. New Employee Orientation
· Drug Free Workplace Training
· U.S. Department of Transportation (DOT) Compliance Training
* Program Promotion
* Confidential, quarterly evaluation on program utilization
* Supervisory and Management Training on:
+ Ongoing Orientation for New Employees
+ Documentation of Performance Problems
+ Recognition of Substance Abuse in the Workplace
+ Violence Prevention/Intervention
+ Legal Liability of Supervisor
+ Do's and Don'ts of Confronting Employees
+ Sexual Harassment Recognition Issues
+ 6-Hour Stress Management For Supervisors
+ Critical Debriefing
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PROGRAM DEVELOPMENT AND IMPLEMENT A TION FOR THE CITY OF
BOYNTON BEACH
CSI agrees to offer the following services to the City of Boynton Beach to help establish
an EAP:
Develop policy and policy statements as well as procedures aimed at personalizing a
workplace safety philosophy about the use of an EAP in the workplace.
Meet with human resource professionals to help them develop policy statement and
encourage support from the top.
Promote kickoff of Employee Assistance Program to individuals utilizing the City of
Boynton Beach human resource staff.
Attend safety meetings, educational programs, or monthly meetings of employees to be
available for questions and interventions.
Provide the company with a flyer or use their existing form of communication to promote
the program.
Provide on-going education to employees, families about health and well-being in the
workplace.
Aid the City of Boynton Beach in keeping compliant as required by the Federal Worker's
Compensation policy of safety sensitive positions.
Provide a network of resources to maintain an evaluation of the EAP system on an annual
basis with quarterly reports reflecting the demographics and utilization review rates.
INDIVIDUALS:
"Member" as discussed in this section refers to the City's employee and/or his or her
dependents.
All service providers are licensed or certified in their specialty fields and will agree to see
the member to do initial evaluation with 24 to 72 hours of call as indicated by severity of
problem. Members will be contacted by a provider for the purpose of scheduling the
initial appointment.
Upon initial intake and prior to meeting with the service provider, the member will
complete a demographic information packet at our office, including providing medical
health insurance information where applicable.
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Each member will receive lone-hour assessment session per referral whether it a self-
referral or supervisory. All referrals will be afforded the utmost in confidentiality as
deemed necessary by Federal Regulations and State law and as stated in our philosophy.
Assessment and referral services will also be available to family members.
Counseling Services Institute agrees to provide all members with the opportunity for
educational events throughout the year, at no fee. Counseling Services Institute will
provide mailings to announce the event, time and location on a continuous schedule.
The stress management program includes 6 one-hour sessions on-site, family members
invited, with emphasis on biofeedback and relaxation techniques.
SUPERVISORY AND MANAGEMENT TRAINING
CSI agrees to provide supervisory and managerial staff with the following:
Policy and procedure implementation workshops.
Training workshops which include documentation necessities; the legalities of policy
enforcement; confrontation of employees on work related performance only; do's and
don'ts of documentation and confrontation; how to initiate and EAP referral; follow-up
and evaluation.
Separate sessions for supervisors and managers include orientation; signs and symptoms
of performance problems; recognizing the need for a medical, legal or financial referral;
and how to facilitate the manager's role with the EAP liaison.
Supervisors will be educated about referrals to agencies, the supervisor's role in the
referral and treatment process, and what to accept when the employee returns to the work
force. The EAP provider will submit follow-up documentation for one year following
treatment on a monthly basis as agreed upon with treatment providers.
CSI will offer orientation and training programs quarterly. We believe the success of the
program lies in education. Training will be provided on site for 5 or more employees.
All training sessions will be geared toward the convenience of the employer with a
minimum of 1 hour per quarter.
PROGRAM PROMOTION
CSI agrees to promote the program to all employees through pamphlets designed to
explain the EAP and CS1.
CSI agrees to attend weekly orientation meetings for all new employees and to answer
any questions not of a confidential nature.
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Periodic one-page flyers will be distributed to the human resource department for
disbursement to employees on a variety of topics that may interest them. The topics will
be presented on or off premises in either a lecture of film format and will deal with issues
that are timely and topical. These issues will help to enhance the education of employees
and thus prevention measures.
CSI will insert prevention articles in paychecks, newsletters, memos or whatever device
human resource now uses to promote activities. CSI will incur all expenses for mailing,
insertions publications, etc.
A booklet for supervisors will be used to help better utilization of the program.
PROGRAM EV ALUA TION
Quarterly reports will be submitted to the company which will disclose utilization rates,
demographic information, types of problems identified, referral rates, which departments
refer (when requested), and whether or not the referral was a supervisory or self-referral.
All employees, and family members will have the opportunity to fill out quality assurance
evaluations and report his or her experience with the EAP directly and confidentially to
the company as per their request.
You will receive similar information upon request as anonymous reporting for
confidentially reasons. Also, a quality assurance evaluation will be sent to your company
by employees who agree to fill out the evaluation.
FINAL EV ALUA TION
CSI agrees to conduct a summarized final evaluation of the program based on participant
evaluations, supervisory evaluations and oral reporting of clients.
This report will contain strengths and weaknesses of the program, suggestions for future
programs, utilization review records, candid, confidential and anonymous employee
reactions, supervisory feedback and administrative points of interest.
This report will also identify any documentable financial savings that can be attribute to
the EAP.
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TIMETABLE
CSI agrees to conduct an informational orientation campaign for existing employees from
FY07/o8 through September, 30, 2008. A brochure will be provided for family members.
Training sessions for supervisory staff will begin FY 07/08 and continue through
September 30, 2008. This education should be presented prior to general employee
orientation so that supervisors will have adequate knowledge of program when asked
questions, etc. It is preferable to have all supervisors knowledgeable about the program
as early as possible.
All orientation, both for employees and supervisors will continue both weekly and
monthly from FY07/08 through September 30,2008. It is important that this is ongoing
and current. CSI will try to accommodate the schedule of all employees on all shifts
when possible.
Topics are presented monthly either in-house or out-house and the City of Boynton
Beach employees will be invited to those workshops, lectures, films, etc.
Quarterly reports will be presented during the first 15 days of the month following the
end of the quarter.
Final summary information will be gathered all year and presented in person 30 days
prior to close of contract.
FEES
CSI will ask for $12.00 per employee per year for all services covered in this proposal.
CSI will not assume any costs for referral to outside sources but will try to find the most
quality-oriented, cost-effective referral when necessary. Because CSI contracts with a
variety of professionals, it is often not necessary to go outside of our network. CSI
agrees to negotiate fees for admissions to substance abuse treatment programs,
psychiatric institutions and outside referral sources when possible.
It is the belief that employees under duress may not be able to negotiate these services
and should be represented by professionals. CSI will not assume any financial
responsibility for such services and will have employees read and sign an "Explanation of
Fees" form.
Payment of fees to CSI from the City of Boynton Beach should be paid on a quarterly
basis by the 15th of the month following the quarter unless otherwise requested.
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ASSISTANCE FROM THE CITY OF BOYNTON BEACH
CSI requests that the City of Boynton Beach petition their health insurance carrier to
admit providers of services most recommended by the CSI to their provider lists, thus
making utilization of those services more available to employees. This will also save the
City of Boynton Beach insurance dollars and can help further stretch employee benefits.
CSI requests that rooms and audio-visual equipment be provided to help host the
educational programs and orientations. Whenever possible, attendance by a particular
supervisor or an introduction of the EAP liaison in the beginning of the session would
enhance the educational sessions. Support from the top always helps.
CSI requests that supervisors refrain from "hall talk" about personnel problems that have
been sent to the EAP. CSI reminds all involved that confidentiality is of the utmost
importance. CSI requests that the supervisor call the EAP provider directly to ask
questions rather than transact through an employee. This would be detailed more closely
in supervisory training.
Education, awareness and prevention make a great EAP. The more you use our services,
the more the City of Boynton Beach and employees benefit. To show a savings in
insurance benefits, employee acuity, etc., interaction with the EAP is a must. Thousands
of dollars in health benefits can be saved monthly with proper diagnosis, referral and
treatment by an EAP. By utilizing an EAP, hundreds of employees and families who
previously had little or no recourse to help can have better lives.
INDEMNIFICATION/HOLD HARMLESS AGREEMENT
Counseling Services Institute agrees, in addition to any other obligation, to indemnify the
City of Boynton Beach and to the fullest extent permitted by law, protect, defend,
indemnify and hold harmless the City of Boynton Beach, their agents, elected officials
and employees from and against all claims, actions, liabilities, losses (including economic
losses), costs arising out of any injury or alleged A) bodily injury, sickness, disease or
death or injury to or destruction of tangible property including the loss of use resulting
therefrom, or any other damage or loss arising out of or resulting of claims to have
resulted in whole or in part from any actual or alleged act or omission of COUNSELING
SERVICES INSTITUTE, any subcontractor, anyone directly of indirectly employed by
any of entities to whom CSI may refer, of anyone for whose acts any affiliate may be
liable in the performance of the EAP; of B) violation of law, statute, ordinance,
governmental administration order, rule, regulation of the EAP; or C) liens, claims or
actions made by COUNSELING SERVICES INSTITUTE or any affiliate or other party
performing the EAP services.
The indemnification obligations hereunder shall not be limited by limitation on the
amount, type of damages, compensation or benefits payable by or for COUNSELING
SERVICES INSTITUTE or an affiliate under Worker's Compensation acts, disability
benefit acts, other employee benefits acts or any statutory bar.
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COUNSELING SERVICES INSTITUTE further agrees to incur all expenses, including
attorney's fees, incurred by the City of Boynton Beach to enforce this agreement.
If agreement is acceptable, signature of this form will act as a binding agreement and
subsequent contract will be submitted on request.
Donna Hearn, LMHC, CAP, Director
Counseling Services Institute
City of Boynton Beach
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