Item C02BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Januga 16. 2014
Division: Employee Services
Bulk Item: Yes X No
Department: Employee Benefits
Staff Contact Person/Phone #: Maria Fernandez - Gonzalez Ext. 4448
AGENDA ITEM WORDING: Approval to advertise solicitation for proposals for a Provider to
serve as an Employee Assistance Program, to provide confidential counseling services to employees
and their dependents in the lower, middle and upper keys, and also to provide educational group
seminars and orientation group sessions.
ITEM BACKGROUND:
The County began an Employee Assistance Program (EAP) in 1997. The County contracted with the
Mental Health Care Center to provide these services. Their contract ended on June 30, 2007; RFP in
2007; Contract with The Allen Group approved by the BOCC on May 16, 2007; The Allen Group
entered into a purchase and sale agreement on July 31, 2007 with Horizon Behavioral Services, Inc.
and Horizon assumed the responsibility and obligation of services; BOCC approved the transfer of
agreement to Horizon Behavioral Services, Inc. on September 19, 2007; Request for proposals in
January, 2010 and received 2 Proposals; BOCC approved contract with Horizon Health in May, 2010
for a period of three years; on March 20, 2013, the current contract was renewed with a change in
company name from Horizon Health to Aetna Behavioral Health, LLC d/b /a Aetna Resources for
Living for one year and the contract expires June 1, 2014.
r K%Juj v 1V IUO nv,luv. v Al l 1 . BgJU . AU'1'IUN: Last renewal of current contract on March 20, 2013.
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a LArr REUUiv11v1LADATIONS: Approval
advertising
TOTAL COST: 800 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
Internal Service Fund
COST TO COUNTY: $800 advert ising SOURCE OF FUNDS: Primarily Ad Valorem
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
ell
APPROVED BY: County Atty OMB/Purchasing Risk Mana eme t
g -
DOCUMENTATION: Included X
Not Required
DISPOSITION:
AGENDA ITEM #
County of Monroe
ne Florida Keys
Office of the Employee Services Division Director
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 268
Key West, FL 33040
(305) 292.4458 — Phone
(305) 2924564 - Fax
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tem, Danny L. Kolhage, District I
George Neugent, District 2
Heather Carruthers, District 3
David Rice, District 4
TO: Board of County Commissioners
FROM: Teresa E. Aguiar,
Employee Services Direct
DATE: December 16, 2014
SUBJ: Approval to advertise to solicit proposals
This item requests approval to advertise a request for proposals to provide confidential counseling
services in the lower, middle and upper keys for employees and their dependents. The current
provider is Aetna Behavioral Health, LLC d/b /a Aetna Resources for Living (formerly known as
Horizon Health).
The purpose of an Employee Assistance Program is to improve the psychological health of the
employees or dependents experiencing problems which may or are currently affecting the
employee's productivity. Individual problems can range from need for information on child care
to serious difficulties with alcohol or drugs. Other employees will also benefit by being part of a
safer, more productive workforce. In addition, the County has a zero tolerance drug policy and in
accordance with the Drug -Free Workplace Act (F.S. 112.0455) this contracted service is offered to
employees so that they have the opportunity to participate in services related to alcohol and drug
rehabilitation if needed.
This current contract provides employees with free confidential counseling services, on site
periodic seminars, orientation sessions, printed materials, 24 hour website access, 24 hour /seven
day a week live confidential telephone service, Fitness for Duty Evaluations and other related
services.
It is recommended that the BOCC approve the competitive solicitation for proposals. If you have
any questions, please do not hesitate to contact me at 292 -4458.
MO OE COUNTY
REQUEST FOR PROPOSALS
FOR
EMPLOYEE ASSISTANCE PROGRAM (EAP)
to include individual mental health care, counseling,
seminars, medication management and related health care for
Monroe County employees
BOARD OF COUNTY COMMISSIONERS
Mayor, Sylvia J. Murphy, District 5
Mayor Pro Tem, Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
David Rice, District 4
COUNTY ADMINISTRATOR
Roman Gastesi
CLERK OF THE CIRCUIT COURT EMPLOYEE SERVICES DIVISION
Amy Heavilin Teresa Aguiar, Director
January 2014
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TABLE OF CONTENTS
NOTICE OF REQUEST FOR PROPOSALS
SECTION ONE - Instruction to Proposers
SECTION TWO - Draft Agreement
SECTION THREE - County Forms and Insurance Forms
EXHIBIT A - Scope of Services
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SECTION ONE: INSTRUCTION TO PROPOSERS
1. OBJECTIVE OF THE REQUEST FOR PROPOSAL
The Provider awarded a contract shall provide mental health assistance to County Employees in
the form of individual counseling services in a number of areas, pharmacologic intervention
(counseling on medication management for the individual), educational group seminars
annually, management orientation sessions, program orientation sessions, prepare reports, and
other related services as set out in the Scope of work below. The initial contract term will be for
three years beginning 1 st day of June, 2014.
2. BACKGROUND INFORMATION
Monroe County ( "County ") is a non - chartered county established under the Constitution and
the laws of the State of Florida. The Clerk of the Circuit Court serves as the fiscal agent.
The population of the County is estimated at approximately 73,000 as of the 2010 census.
The Board of County Commissioners, constituted as the governing body, has all the powers of
a body corporate, including the powers to contract; to sue and be sued; to acquire, purchase,
hold, lease and convey real estate and personal property; to borrow money and to generally
exercise the powers of a public authority organized and existing for the purpose of providing
community services to citizens within its territorial boundaries. In order to carry out this function,
the County is empowered to levy taxes to pay the cost of operations.
Monroe County began an Employee Assistance Program (EAP) in 1997 providing services
listed in the present plan described below. Since that time, numerous County employees
and their eligible dependents have utilized the program. The County wishes to continue the
EAP and will consider adding services where appropriate. The County needs an EAP that
will service all of its employees in the entire County. Employees work in the Upper, Middle,
and Lower Keys.
The Present Plan
There are presently approximately 1300 employees who have access to this plan. Eligible
dependents are included for the same benefits. Eligible dependents can include household
members as well as dependents eligible for health care coverage such as college students.
The current plan is administered by Horizon Behavioral Services, Inc. The cost to the
County is a rate per employee per month.
The County is currently provided monthly utilization reports and is billed on a monthly
basis.
3. SCOPE OF THE WORK TO BE PROVIDED BY PROPOSER
At a minimum the services provided by the EAP shall be provided to all employees and their
eligible dependents. For purposes of the EAP program, the covered employees are the
employees of the Board of County Commissioners, the Board members, the Constitutional
Officers and their employees. Eligible dependents can include household members as well as
dependents eligible for health care coverage such as college students.
The services shall include:
A)
Individual counseling services that include but are not limited to:
• Mental health care (evaluation, counseling and medication management)
• Substance abuse evaluation and treatment
• Retirement counseling
• Parenting
• Abuse (including but not limited to child abuse, spousal abuse, other domestic
abuse, workplace abuse and other similar types)
• Anger and stress management
• Grief and loss
• Elder care (including but not limited to care giver fatigue /stress /support)
• Fitness to work exams
Face -to -face counseling sessions shall be available to an employee and eligible dependents
-
during-the-contract-term- .,- If-the- sessions -under-the_ contract _terms are exhausted and __the
problem has not been resolved, the Proposer must explain other treatment options. If the
problem is not covered by the EAP, the Proposer must refer the person to a provider who
can furnish the service(s) needed preferably by a provider covered under the County's
health plan.
B)
• Educational group seminars (at least two separate sessions in each of the three
locations) on an annual basis which include but may not be limited to:
• Stress management
• Violence in the Workplace
• Alcohol and drug abuse education
• Marriage enrichment
• Depression
• Dealing with difficult people
• Parenting problems
• Anger management
Orientation group sessions providing an EAP overview at the three County
locations annually, including:
• Supervisor Intervention Training sessions at the three county locations
annually (at least two separate sessions in each location)
• Program orientation sessions for all County employees at the three County
locations annually (at least two separate sessions in each location)
C) In addition to the services listed above in A) and B), the County will also entertain
proposals to deliver services to address the following subjects:
• Emotional distress
• Major life events (i.e. births, accidents & deaths)
• Health Care Concerns
• Financial and legal problems
• Family /personal relationship issues
• Work relationship issues
• Absenteeism
• Lateness to work
• High Staff turnover
• Friction between employee /employer
• Accidents in the workplace
• Trauma response
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D) Proposers should propose a base cost structure to deliver the required services
listed in A) and B) above. In addition, Proposers should advise whether they are prepared
to deliver some or all of the additional services listed in C), and whether the cost for those
services will be included in the base cost for A) and B), or whether there will be an
additional amount, and if so, in what amount. The additional cost for delivery of optional
services in C) may be proposed as a lump sum additional amount, or a cost per subject.
The individual counseling sessions listed in A) must be delivered in person. The
educational group seminars and orientation group sessions listed in B) and the additional
services listed in C) may be delivered either face to face or electronically. Proposers
should state in their proposal how they intend to deliver the B) and C) services, along with
the fees to be charged. Upon contract approval, a meeting will be scheduled between the
contractor and the County to schedule the required services for each calendar year of the
contract.
4. Service Requirements
The County requires the Proposer to provide a twenty -four (24) hour, seven (7) day a
week toll free confidential telephone service answered by professional staff. This phone
service must provide immediate assistance to the individual seeking professional help.
The telephone log information must be included in the monthly report to the County.
5. Required Reports
Utilization reports should be provided monthly and include at least the following:
• The number of employees using the EAP
• The number of individual referrals and the number of supervisor /management
referrals
• The number of males and females participating in the EAP. The number of
problems diagnosed broken into categories as designated by the County.
• The number of face -to -face meetings with County employees by category. The
number of employees who do not have face -to -face meetings.
• Number of hours of service by month
• Treatment results by category, along with numbers showing employees that are:
• Currently in treatment
• Cooperating with treatment
• Completed treatment
• Referred out of the EAP and to another mental health care provider
• Receiving after -care services
6. Qualifications Necessary for Provider
Counselors should have current credentials, licensing, training and relative experience in their
respective fields. A Masters Degree in the mental health care /counseling field is desired but not
required. Pharmacologic intervention must be evaluated and managed by professionals of the
healing arts licensed in the State of Florida that includes this scope of practice. Other desired
qualifications include training in substance abuse, working with both inpatient and outpatient
settings, and training in critical incident debriefing and stress management, diversity training and
cultural competency.
The EAP must certify at least annually that all staff members, independent contractors,
subcontracted work, if any, all service providers it uses, engages or manages, comply with
Health Insurance Portability and Accountability Act (HIPAA) and HITECH privacy and security
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rules.
7. Cost Requirements
The proposal should provide a breakdown of the cost elements to the County per employee, per
month. The billing and the reports must be for the same period, i.e. monthly. A copy of a
proposed invoice showing breakdown of anticipated billing is required.
Rates are expected to be guaranteed for all three years of the contract. All rates shall be billed
by invoice monthly in arrears.
8. Evaluation Criteria
Each proposal will be reviewed and consideration will be given to each of the following criteria:
• Proposer's primary focus on EAP services
• Immediate access to services 24 hours, 7 days per week by a live responder
• Monthly utilization reports that measure return on benefits provided against billed
cost
• Years of experience, stability, ethics and professionalism of staff and all supervisory
personnel
• All calls live answered with no voice prompt system
• In person and telephonic assessment and counseling by category
• Availability of multi - disciplinary EAP clinician network
• Crisis intervention services available 24 hours a day, seven days a week
• Trauma response services
• Training seminars offered on site or offered electronically
• Materials, seminars, worksite trainings provided
• Distribution of employee assistance information (leaflets, brochures, newsletter, etc.)
• Marketing and sales presentation all- inclusive
• Diversity among the EAP staff for treatment categories reflecting the diversity of the
population in the Keys
• Services or access to interpreters and handicap needs
• Capacity for handling the number of clients
• Promptness with which request for services are accommodated
• Courtesy
• Types of referrals
• How confidentiality is preserved
• Licensure, credentials and memberships
9. Term and Termination /Non - Renewal Notice
The term of the contract shall be for three years. The County will give thirty (30) days
written notice to the service provider for termination of the contract. The Contractor will give
ninety (90) days written notice to the County for termination of the contract.
10. Request for Additional Information
Request for additional information or clarification relating to the specifications of this Request for
Proposals shall be submitted in writing directly to:
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Maria Fernandez - Gonzalez
Sr. Benefits Administrator
1100 Simonton Street, Suite 2 -268
Key West, FL 33040
Facsimile (305) 292 -4452
All requests must be received no later than . Any requests received after this date
and time will not be answered. If an answer is issued, an addendum to the RFP will be issued
shortly thereafter and distributed to all interested proposers responding with the County's best
ability to answer all questions. Oral requests will not be answered.
All addenda are a part of the contract documents and each Proposer will be bound by such
addenda, whether or not received by him /her. It is the responsibility of each Proposer to verify
that he /she has received all addenda issued before responses are o pened .
11. CONTENT OF SUBMISSION
The proposal submitted in response to this Request for Proposals (RFP) shall be printed on 8-
1/2" x 11" white paper and bound; shall be clear and concise, tabulated, and provide the
information requested herein. Statements submitted without the required information will not be
considered. Responses shall be organized as indicated below. The Proposer should not
withhold any information from the written response in anticipation of presenting the information
orally or in a demonstration, since oral presentations or demonstrations may not be solicited.
Each Proposer must submit adequate documentation to certify the Proposer's compliance with
the County's requirements. Proposer should focus specifically on the information requested.
Format. The response, at a minimum, shall include the following:
A. Cover Page_
A cover page that states "EMPLOYEE ASSISTANCE PROGRAM" must be included. The cover page
should contain Proposer's name, address, telephone number, and the name of the Proposer's contact
person.
B. Tabbed Sections
Tab 1. General Information
(a) Description of the history of the firm, its corporate structure, and years in business;
(b) Customer References that are similar in scope and size of the requested services (at
least three (3), of which at least one (1) must be a governmental entity).
Tab 2. Relevant Experience
The Proposer shall provide a list of similar contracts or agreements currently in force to include:
Name and full address
Telephone number of client contact
Date of initiation and completion of contract
Summary of the services provided and geographical area served.
In this section, please also include at least two (copied) letters of reference from a former client
which describes the services performed and the client's satisfaction with the services provided.
Letters of reference are preferred, however if the client desires to include firm surveys
7'
completed by clients, they will be considered. Letters of reference from a government (public
entity) are preferred.
Tab 3. Services, Approach and Availability of Service to County
(a) The Proposer shall be available to be reached twenty -four (24) hours a day seven
(7) days a week by telephone and shall have available a live responder. All calls
shall be answered live with no voice prompt system. Describe how this will be
accomplished.
(b) The Proposer shall describe the approach and methodology he /she will take to
accomplish the services defined herein. This shall include information on schedule
and availability, staffing, whether sub - contractors are used, and any other relevant
- information explaining how the services will be accomplished.
(c) Responder should describe the delivery of individual services listed in the Scope of
the Work to be Provided by Proposer in this RFP and how this will be accomplished.
The Responder should respond in detail and avoid a general overall response.
(d) The Proposer shall describe in detail how the services will be accomplished in all
parts of the County including the Upper Keys, Middle Keys and Lower Keys. This
description shall include where the offices will be located, the number and job titles
of the personnel who will be assigned permanently to each venue.
Tab 4. Staffing for this Project and Qualifications of Key Personnel
The Proposer shall describe the composition and structure of the firm (sole proprietorship,
corporation, partnership, joint venture) and include names of persons with an interest in the firm.
If the Proposer is anything other than an individual or sole proprietorship, the Proposer shall
include a list of the proposed staff that will perform the work required and shall identify any sub-
contractors that will be used if awarded this contract. The Proposer shall also describe the
qualifications for each employee on the project team and identify his /her role on the team.
Include in this section the location of the main office and the location of the office proposed to
work on this project.
Tab 5. Litigation
In accordance with Section 2- 347(h) of the Monroe County Code, please provide the
following information:
(1) A list of the person's or entity's shareholders with five (5) percent or more of the
stock or, if a general partnership, a list of the general partners; or, if a limited
liability company, a list of its members; or, if a solely owned proprietorship,
names(s) of owner(s);
(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if different, the
number of years it has been providing the services, goods, or construction
services called for in the bid specifications (include a list of similar projects);
(4) The number of years the person or entity has operated under its present name
and any prior names;
(5) Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors,
ever failed to complete work or provide the goods for which it has
contracted? If yes, provide details;
b. Are there any judgments, claims, arbitration proceeding or suits pending
or outstanding against the person, principal of the entity, or entity, or any
entity previously owned, operated or directed by any of its officers,
directors, or general partners? If yes, provide details;
c. Has the person, principal of the entity, entity, or any entity previously
owned, operated or directed by any of its officers, major shareholders or
directors, within the last five (5) years, been a party to any lawsuit,
arbitration, or mediation with regard to a contract for services, goods or
construction_sex&es_similar-to fhase_r_equested_in._th sn ecificaboas_with
private or public entities? If yes, provide details;
d. Has the person, principal of the entity, or any entity previously owned,
operated or directed by any of its officers, owners, partners, major
shareholders or directors, ever initiated litigation against the county or
been sued by the county in connection with a contract to provide services,
goods or construction services? If yes, provide details;
e. Whether, within the last five (5) years, the owner, an officer, general
partner, principal, controlling shareholder or major creditor of the person or
entity was an officer, director, general partner, principal, controlling
shareholder or major creditor of any other entity that failed to perform
services or furnish goods similar to those sought in the request for
competitive solicitation;
f. Customer references (minimum of three), including name, current address
and current telephone number;
g. Credit References (minimum of three), including name, current address
and current telephone number; and
h. Financial statements for the prior three years for the responding entity or
for any entity that is a subsidiary to the responding entity.
Tab 6. Other Information
Proposer shall provide any additional project experience that will give an indication of
the Proposer's overall abilities.
If the Proposer will require any other information from the County not included in this
Request for Proposal the Proposer shall also include such request in this section, i.e.
Tab 6.
If the Proposer cannot fully comply with any of the terms contained in the draft contract,
shown in Section Two, all deviations to the terms must be spelled out in this section, i.e.
Tab 6.
Tab 7. County Forms and Licenses
Proposer shall complete and execute the forms specified below and located in Section three in
this RFP' as well as copies of a business tax receipt from the Tax Collector's office and shall
include them in this section, i.e. Tab 7:
W]
Forms
Submission Response Form
Lobbying and Conflict of Interest Ethics Clause
Non - Collusion Affidavit
Drug Free Workplace Form
Public Entity Crime Statement
Insurance Agent's Statement
Any proposer claiming a local preference as defined in Monroe County Ordinance 023 -2009
must complete the Local Preference Form and attach it to the Proposal.
12. COPIES OF RFP DOCUMENTS
A. Only complete sets of RFP Documents will be issued and shall be used in
preparing responses. The County does not assume any responsibility for errors
or misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFP Documents may be obtained in the manner and at the
locations stated in the Notice of Request for Proposals.
13. STATEMENT OF PROPOSAL REQUIREMENTS
See also Notice of Request for Competitive Solicitation.
Interested firms or individuals are requested to indicate their interest by submitting a
total of one (1) signed original and four (4) complete copies (total = five (5) ) of the
proposal, in a sealed envelope clearly marked on the outside, with the Proposer's name
and "EMPLOYEE ASSISTANCE PROGRAM ", addressed to Monroe County
Purchasing Department, 1100 Simonton Street, Room 2 -213, Key West, FL 33040,
which must be received on or before 3:00 P.M. local time on -------- Hand delivered
Proposals may request a receipt. No proposals will be accepted after 3:00 P.M. Faxed
or e- mailed proposals shall be automatically rejected. It is the sole responsibility of each
Proposer to ensure its proposal is received in a timely fashion.
14. DISQUALIFICATION OF PROPOSER
A. NON - COLLUSION AFFIDAVIT: Any person submitting a proposal in response to
this invitation must execute the enclosed NON - COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Proposers, the proposals of all
participants in such collusion shall be rejected, and no participants in such
collusion will be considered in future proposals for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not
submit a proposal on a contract to provide any goods or services to a public
entity, may not submit a proposal on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
Proposals on leases or perform work as a contractor, supplier, subcontractor, or
contractor under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section
287.017 Florida Statutes, for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list. Category Two: $25,000.00
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C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG -FREE
WORKPLACE FORM and submit it with his /her proposal. Failure to complete
this form in every detail and submit it with the bid or proposal may result in
immediate disqualification of the bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person
submitting a bid or proposal in response to this invitation must execute the
enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it
with his /her bid or proposal. Failure to complete this form in every detail and
submit it with the bid or proposal may result in immediate disqualification of the
bid or proposal.
15. EXAMINATION OF RFP DOCUMENTS
A. Each Proposer shall carefully examine the RFP and other contract documents,
and inform himself /herself thoroughly regarding any and all conditions and
requirements that may in any manner affect cost, progress, or performance of
the work to be performed under the contract. Ignorance on the part of the
Proposer shall in no way relieve him /her of the obligations and responsibilities
assumed under the contract.
B. Should a Proposer find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once
notify the County.
16. GOVERNING LAWS AND REGULATIONS
The Proposer is required to be familiar with and shall be responsible for complying with all
federal, state, and local laws, ordinances, rules, professional license requirements and
regulations that in any manner affect the work. Knowledge of occupational license requirements
and obtaining such licenses for Monroe County and municipalities within Monroe County are the
responsibility of the Proposer.
17. PREPARATION OF RESPONSES
Signature of the Proposer: The Proposer must sign the response forms in the space provided
for the signature. If the Proposer is an individual, the words "doing business as
", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the
signature of at least one of the partners must follow the firm name and the words "Member of
the Firm" should be written beneath such signature. If the Proposer is a corporation, the title of
the officer signing the Response on behalf of the corporation must be stated along with the
Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted.
The Proposer shall state in the response the name and address of each person having an
interest in the submitting entity.
18. MODIFICATION OF RESPONSES
Written modification will be accepted from Proposers if addressed to the entity and address
indicated in the Notice of Request for Proposals and received prior to Proposal due date and
time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with
the Proposers name and "Modification to Proposal — EMPLOYEE ASSISTANCE
PROGRAM ". If sent by mail or by courier, the above - mentioned envelope shall be enclosed in
1l
another envelope addressed to the entity and address stated in the Notice of Request for
Proposals. Faxed or e- mailed modifications shall be automatically rejected.
19. RESPONSIBILITY FOR RESPONSE
The Proposer is solely responsible for all costs of preparing and submitting the response,
regardless of whether a contract award is made by the County.
20. RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened. Proposers
names shall be read aloud at the appointed time and place stated in the Notice of Request for
Competitive Solicitation.- Monroe County's representative authorized to open the responses
will decide when the specified time has arrived and no responses received thereafter will be
considered. No responsibility will be attached to anyone for the premature opening of a
response not properly addressed and identified. Proposers or their authorized agents are invited
to be present.
The County reserves the right to reject any and all responses and to waive technical error and
irregularities as may be deemed best for the interests of the County. Responses that contain
modifications that are incomplete, unbalanced, conditional, obscure, or that contain additions
not requested or irregularities of any kind, or that do not comply in every respect with the
Instruction to Proposer, may be rejected at the option of the County.
21. AWARD OF CONTRACT
A. The County reserves the right to award separate contracts for the services
based on geographic area or other criteria, and to waive any informality in any
response, or to re- advertise for all or part of the work contemplated.
B. The County also reserves the right to reject the response of a Proposer who has
previously failed to perform properly or to complete contracts of a similar nature
on time.
C. The recommendation of staff shall be presented to the Board of County
Commissioners of Monroe County, Florida, for final selection and award of
contract.
22. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS
The Proposer shall be responsible for all necessary insurance coverage as indicated below.
Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award
of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper
insurance forms are not received within the fifteen (15) day period, the contract may be awarded
to the next selected Proposer. Policies shall be written by companies licensed to do business in
the State of Florida and having an agent for service of process in the State of Florida.
Companies shall have an A.M. Best rating of VI or better and a financial rating of A- from A.M.
Best. The required insurance shall be maintained at all times while Proposer is providing
service to County.
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Workers Compensation
Employers' Liability Insurance
Bodily Injury by Accident
Bodily Injury by Disease, policy limits
Bodily Injury by Disease, each employee
General Liability, including
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition or Property Damage
If split limits are provided, the minimum limits acceptable
shall be:
Statutory Limits
$500,000
$1,000,000
$1,000,000
$500,000 Combined Single Limit
$250,000 per person
$500,000 per occurrence
$50,000 property damage
Vehicle Liability
(Owned, non -owned and hired vehicles) $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable
shall be: $100,000 per person
$300,000 per occurrence
$50,000 property damage
Professional Liability $500,000 per occurrence
$1,000,000 aggregate
Monroe County shall be named as additional insured on the General Liability and Vehicle
Liability policies.
23. INDEMNIFICATION
The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless the
County as outlined below.
The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County,
its commissioners, officers, employees, agents and servants from any and all claims for bodily
injury, including death, personal injury, and property damage, including damage to property
owned by Monroe County, and any other losses, damages, and expenses of any kind,
including attorney's fees, court costs and expenses, which arise out of, in connection with, or
by reason of services provided by the Proposer or any of its Subcontractor(s), occasioned by
the negligence, errors, or other wrongful act or omission of the Proposer, its Subcontractor(s),
their officers, employees, servants or agents.
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In the event that the service is delayed or suspended as a result of the Vendor's failure to
purchase or maintain the required insurance, the Vendor shall indemnify the County from any
and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Proposer is consideration for the
indemnification provided for above. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this agreement.
24. EXECUTION OF CONTRACT
The Proposer will be required to execute a contract with the County for the services provided for
in this RFP. The Proposer with whom a contract is negotiated shall be required to return to the
County one (1) executed original of the prescribed Contract together with the required
certificates of insurance.
.. .
If the Proposer cannot fully comply with any of the terms contained in the draft contract shown in
Section Two, all deviations to the terms must be spelled out in Tab 6 "Other Information ".
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SECTION TWO: DRAFT AGREEMENT
MONROE COUNTY
CONTRACT FOR PROFESSIONAL SERVICES
FOR EMPLOYEE ASSISTANCE PROGRAM
THIS AGREEMENT is made and entered into this day of , 2014, by
MONROE COUNTY ( "COUNTY"), a political subdivision of the State of Florida, whose address
is 1100 Simonton Street, Key West, Florida 33040 and ( "CONTRACTOR "),
whose address is
Section 1. SCOPE OF SERVICES
CONTRACTOR shall do, perform and carry out in a professional and proper manner certain
duties as described in the Scope of Services — Exhibit A — which is attached hereto and made a
part of this agreement.
CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY. CONTRACTOR
warrants that it is authorized by law to engage in the performance of the activities herein
described, subject to the terms and conditions set forth in these Agreement documents. The
CONTRACTOR shall at all times exercise independent, professional judgment and shall
assume professional responsibility for the services to be provided. Contractor shall provide
services using the following standards, as a minimum requirement:
A. The CONTRACTOR shall maintain adequate staffing levels to provide the
services required under the Agreement resulting from this RFP process.
B. The personnel shall not be employees of or have any contractual relationship
with the County. To the extent that Contractor uses subcontractors or
independent contractors, this Agreement specifically requires that subcontractors
and independent contractors shall not be an employee of or have any contractual
relationship with County.
C. All personnel engaged in performing services under this Agreement shall be fully
qualified, and, if required, to be authorized or permitted under State and local law
to perform such services.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 Provide all best available information as is required by the Contractor and is mutually
agreed upon.
2.2 Designate in writing a person with authority to act on the COUNTY'S behalf on all
matters concerning the EAP.
2.3 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR.
Section 3. TERM OF AGREEMENT
3.1 The initial Agreement term will be for three (3) years beginning the day of
2014. Monroe County's performance and obligations are
contingent upon an annual appropriation by the Monroe County Board of County
Commissioners.
Section 4. PAYMENT TO CONTRACTOR
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4.1 Compensation to the Contractor will be as shown on Exhibit A.
4.2 Payment will be made according to the Florida Local Government Prompt Payment Act,
Section 218.70, Florida Statutes. The Provider shall submit to the County an invoice
and supporting documentation in a form acceptable to the Clerk. Acceptability to the
Clerk is based on generally accepted accounting principles and such laws, rules and
regulations as may govern the Clerk's disbursal of funds. The Director of Employee
Services will review the request, note his /her approval on the request and forward it to
the Clerk for payment.
Section 5. CONTRACT TERMINATION, MODIFICATION
5.1 Either party may terminate this Agreement because of the failure of the other party to
perform its obligations under the Agreement. The COUNTY may terminate this Agreement with
or without cause upon thirty (30) days notice to the CONTRACTOR. COUNTY shall pay
CONTRACTOR for work performed through the date of termination. The Contractor must
provide the Contractor with at least ninety (90) days notice of intent to terminate.
5.2 If either party desires to modify this Agreement, it shall notify the other in writing at least
thirty (30) days prior to the effective date of such modification. In the case of proposed
modification the party receiving the notification of the proposed modification shall itself
notify the other party within ten (10) days after receipt of notice of its agreement to the
proposed modification. Failure to do so shall terminate this Agreement.
Section 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his response,
and this Agreement and has made a determination that he /she has the personnel,
equipment, and other requirements suitable to perform this work and assumes full
responsibility therefore. The provisions of the Agreement shall control any inconsistent
provisions contained in the specifications. All specifications have been read and
carefully considered by CONTRACTOR, who understands the same and agrees to their
sufficiency for the work to be done. Under no circumstances, conditions, or situations
shall this Agreement be more strongly construed against COUNTY than against
CONTRACTOR.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by
COUNTY, and its decision shall be final and binding upon all parties.
C. The passing, approval, and /or acceptance by COUNTY of any of the services furnished
by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with
the terms of this Agreement, and specifications covering the services.
D. CONTRACTOR agrees that County Administrator or his designated representatives may
visit CONTRACTOR'S facility(ies) periodically to conduct random evaluations of services
during CONTRACTOR'S normal business hours.
E. CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its business, and that it will at all
times conduct its business activities in a reputable manner. Proof of such licenses and
approvals shall be submitted to COUNTY upon request.
Section 7. NOTICES
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
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following:
To the COUNTY: Benefits, Sr. Administrator
1100 Simonton Street, Suite 2 -268
Key West, Florida 33040
To the CONTRACTOR:
Section 8. RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the agreement and for five years following the
termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that
monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest
calculated pursuant to Section 55.03, of the Florida Statutes, running from the date the monies
were paid to CONTRACTOR.
Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020 -1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its
behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020 -1990. For breach or violation of this provision the COUNTY may, in its
discretion, terminate this agreement without liability and may also, in its discretion, deduct from
the agreement or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
Section 10. CONVICTED VENDOR
By signing this agreement, CONTRACTOR represents that the execution of this Agreement will
not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this
section shall result in termination of this Agreement and recovery of all monies paid hereto, and
may results in debarment from County's competitive procurement activities.
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a Agreement with a public entity for the construction
or repair of a public building or public work, may not perform work as a CONTRACTOR,
supplier, subcontractor, or CONTRACTOR under Agreement with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date of
being placed on the convicted vendor list..
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Section 11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that
venue shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
Section 12. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this Agreement. The
COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
Section 13. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court
costs, as an award against the non - prevailing party. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
Procedure and usual and customary procedures required by the Circuit Court of Monroe
County.
Section 14. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
Section 15. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties. If the
issue or issues are still not resolved to the satisfaction of the parties, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement shall not be subject to arbitration.
UK
Section 17. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to
the formation, execution, performance, or breach of this Agreement, COUNTY and
CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
Section 18. NONDISCRIMINATION
COUNTY and CONTRACTOR agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. The parties agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964
(PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; Title IX
of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686),
which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973,
as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination
on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as
amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; Title VIII of the Civil Rights
Act of 1968 (42 USC ss. 3601 et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201
Note), as may be amended from time to time, relating to nondiscrimination on the basis of
disability; and any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
Section 19. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under
this Agreement, and that only interest of each is to perform and receive benefits as recited in
this Agreement.
Section 20. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
Section 21. NO SOLICITATION /PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor
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retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at
its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 22. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection
of, all documents, papers, letters or other materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and
CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR.
Section 23. NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial
liability insurance coverage, self- insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall any Agreement entered into by the COUNTY be required to contain any provision for
waiver.
Section 24. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the COUNTY,
when performing their respective functions under this Agreement within the territorial limits of
the COUNTY shall apply to the same degree and extent to the performance of such functions
and duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance thereof by
any participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to
the extent permitted by the Florida constitution, state statute, and case law.
Section 26. NON - RELIANCE BY NON - PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither
the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
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individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
Section 27. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to
include, but not be limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non - Collusion
Agreement.
Section 28. NO PERSONAL LIABILITY
No covenant or agreement_ contained_ herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument
and any of the parties hereto may execute this Agreement by signing any such counterpart.
Section 30. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
Section 31. INSURANCE POLICIES
31.1 General Insurance Requirements for Other Contractors and Subcontractors.
As a pre- requisite of the work governed, the CONTRACTOR shall obtain, at his /her own
expense, insurance as specified in any attached schedules, which are made part of this
contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to
all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may
require all Subcontractors to obtain insurance consistent with the attached schedules, however
CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit
proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for
termination of this Agreement.
The CONTRACTOR will not be permitted to commence work governed by this contract until
satisfactory evidence of the required insurance has been furnished to the COUNTY as specified
below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR
to provide satisfactory evidence of the required insurance, shall not extend deadlines specified
in this contract and any penalties and failure to perform assessments shall be imposed as if the
work commenced on the specified date and time, except for the CONTRACTOR's failure to
provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in the attached schedules. Failure to comply with this
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provision may result in the immediate suspension of all work until the required insurance has
been reinstated or replaced and /or termination of this Agreement and for damages to the
COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to
maintain the required insurance shall not extend deadlines specified in this contract and any
penalties and failure to perform assessments shall be imposed as if the work had not been
suspended, except for the CONTRACTOR's failure to maintain the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non - renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and /or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
31.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND
CONTRACTOR
(Note: amounts of coverage are subject to change in final contract)
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$500,000 per Person
$1,000,000 per Occurrence
$100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
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The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
31.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
Owned, Non - owned, and hired vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
31.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS.
Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less
than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
31.5 PROFESSIONAL MEDICAL LIABILITY REQUIREMENTS
Recognizing that the work governed by this contract involves the providing of professional
medical and /or psychological services, the CONTRACTOR shall purchase and maintain,
throughout the life of the contract, Professional Medical Liability Insurance which will respond to
the rendering of, or failure to render medical professional services under this contract.
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The minimum limits of liability shall be:
$ 500,000 per occurrence/al 000 000 Aggregate
If coverage provided is on a claim made basis,
years will be required.
an extended claims reporting period of four (4)
Section 32. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify, defend and hold harmless
the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and
Commissions, Officers, and the Employees, and any other agents, individually and collectively,
from all fines, suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of
any kind arising out of the negligent or intentional actions of the CONTRACTOR or substantial
and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall
be solely responsible and answerable for any and all accidents or injuries to persons or property
arising out of its performance of this contract. The amount and type of insurance coverage
requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity
set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs
attendant to acts attributable to the sole negligent act of the CONTRACTOR.
At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor
and not an employee of the Board of County Commissioners. No statement contained in this
agreement shall be construed so as to find the CONTRACTOR or any of his /her employees,
contractors, servants or agents to be employees of the Board of County Commissioners for
Monroe County. As an independent contractor the CONTRACTOR shall provide independent,
professional judgment and comply with all federal, state, and local statutes, ordinances, rules
and regulations applicable to the services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan,
supporting data, and other documents prepared or compiled under its obligation for this project,
and shall correct at its expense all significant errors or omissions therein which may be
disclosed. The cost of the work necessary to correct those errors attributable to the
CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs
caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply
to any maps, official records, contracts, or other data that may be provided by the COUNTY or
other public or semi - public agencies.
The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any
delays or hindrances attributable to the COUNTY during the progress of any portion of the
services specified in this contract. Such delays of hindrances, if any, shall be compensated for
by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to
complete the work schedule. Such an agreement shall be made between the parties.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
day of , 2014.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, CLERK
OF MONROE COUNTY FLORIDA
By
Deputy Clerk
(CORPORATE SEAL)
ATTEST:
By
By
Mayor /Chairman
(Name of Contractor)
By
Title
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EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL SERVICES FOR EMPLOYEE ASSISTANCE PROGRAM (EAP)
The EAP shall provide mental health assistance to County employees and their eligible
dependents in the form of individual counseling services in a number of areas, pharmacologic
intervention (counseling on medication management for the individual), educational group
seminars, management orientation sessions, program orientation sessions, prepare reports,
and other related services as set out in the Scope of Work below. The initial contract term will
be for three (3) years.
SCOPE OF THE WORK TO BE PROVIDED BY EAP PROVIDER
At a minimum the services provided by the EAP shall be provided to all employees and their
eligible dependents. County employees are the employees of the Board of County
Commissioners, the Board members, the Constitutional Officers and their employees.
Eligible dependents can include household members as well as dependents eligible for health
care coverage such as college students.
The services shall include:
(A) Individual counseling services that include but are not limited to:
• Mental health care (evaluation, counseling and medication management)
• Substance abuse evaluation and treatment
• Retirement counseling
• Parenting
• Abuse (including but not limited to child abuse, spousal abuse, other domestic
abuse, workplace abuse and other similar types)
• Anger and stress management
• Grief and loss
• Elder care (including but not limited to care giver fatigue /stress /support)
• Fitness to work exams
Face -to -face counseling sessions shall be available to an employee and eligible dependents
during the contract term. If the sessions under the contract terms are exhausted and the
problem has not been resolved, the Proposer must explain other treatment options. If the
problem is not covered by the EAP, the Proposer must refer the person to a provider who
can furnish the service(s) needed preferably by a provider covered under the County's
health plan.
B)
Educational group seminars (at least two separate sessions in each of the three
locations) on an annual basis which include but may not be limited to:
• Stress management
• Violence in the Workplace
• Alcohol and drug abuse education
• Marriage enrichment
• Depression
• Dealing with difficult people
• Parenting problems
• Anger management
W
Orientation group sessions providing an EAP overview at the three County
locations annually, including:
• Supervisor Intervention Training sessions at the three county locations
annually (at least two separate sessions in each location)
• Program orientation sessions for all County employees at the three County
locations annually (at least two separate sessions in each location)
C) The following additional services:
• Emotional distress
• Major life events (i.e. births, accidents & deaths)
• Health Care Concerns
• Financial and legal problems
• Family /personal relationship issues
• Work relationship issues
• Absenteeism
• Lateness to work
• High Staff turnover
• Friction between employee /employer
• Accidents in the workplace
• Trauma response
Service Requirements
Proposer will provide a twenty -four (24) hour, seven (7) day a week toll free confidential
telephone service answered by professional staff. This phone service must provide
immediate assistance to the individual seeking professional help. The telephone log
information must be included in the monthly report to the County.
Required Reports
Utilization reports will be provided monthly and will include at least the following:
• The number of employees using the EAP
• The number of individual referrals and the number of supervisor /management
referrals
• The number of males and females participating in the EAP. The number of
problems diagnosed broken into categories as designated by the County.
• The number of face -to -face meetings with County employees by category. The
number of employees who do not have face -to -face meetings.
• Number of hours of service by month
• Treatment results by category, along with numbers showing employees that are:
• Currently in treatment
• Cooperating with treatment
• Completed treatment
• Referred out of the EAP and to another mental health care provider
• Receiving after -care services
Qualifications Necessary for Provider
Counselors must have current credentials, licensing, training and relative experience in their
respective fields. Pharmacologic intervention must be evaluated and managed by professionals
of the healing arts licensed in the State of Florida that includes this scope of practice.
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The EAP Provider will certify at least annually that all staff members, independent contractors,
subcontracted work, if any, all service providers it uses, engages or manages, comply with
Health Insurance Portability and Accountability Act (HIPAA) and HITECH privacy and security
rules.
Cost Requirements
All charges for services, inclusive of all travel and other expenses (there will be no reimbursable
expense items):
$ per employee per month for the services as described below:
Additional services proposed are priced separately below:
$ per employee per month
SECTION THREE: RESPONSE FORMS
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o Purchasing Department
GATO BUILDING, ROOM 2 -213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
1 acknowledge receipt of Addenda No.(s)
I have included
• Response Form
• Lobbying and Conflict of Interest Clause
• Non - Collusion Affidavit
• Drug Free Workplace Form
• Public Entity Crime Statement
• Local Preference Form (if applicable)
• A copy of the proposed invoice showing breakdown
of anticipated billing
• Copy of the business tax receipt
Other documents included are listed below:
If the applicant is not an individual (sole proprietor) please supply the following
information:
APPLICANT ORGANIZATION:
(Registered business name must appear exactly as it appears on www.sunbiz.org
Any applicant other than an individual (sole proprietor) must submit a printout of the "Detail by
Entity Name" screen from Sunbiz, and a copy of the most recent annual report filed with the
Florida Department of State, Divisi of Corporations.
List all charges for services, inclusive of all travel and other expenses (there will be no
reimbursable expense items):
Base charge for services listed in 3. Scope of the Work to be Provided by Proposer, parts A)
and B): $
Additional charge(s) for services listed in 3. Scope of the Work to be Provided by Proposer, list
C): $
(or list the individual services in C with a price for each):
Service Fee
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Mailing Address:
Signed:
Telephone:
Fax:
Date:
Witness:
(Print Name)
(Title)
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
to me or has produced
identification.
(name of aft:lant). He /She is personally known
(type of identification) as
NOTARY PUBLIC
My Commission Expires:
30
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
"...warrants that he /it has not employed, retained or otherwise had act on his /her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration
paid to the former County officer or employee."
(Signature)
STATE OF:
COUNTY OF:
Date:
Subscribed and sworn to (or affirmed) before me on
(date) by
(name of affiant). He /She is
personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
31
NON - COLLUSION AFFIDAVIT
I, of the city of according to law on
my oath, and under penalty of perjury, depose and say that
1. 1 am of the firm of
the bidder making the
Proposal for the project described in the Request for Proposals for
and that I executed the said
proposal with full authority to do so;
2. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor;
3. Unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
4. No attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose
of restricting competition;
5. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
(Signature)
Date:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
personally known to me or has produced
(type of identification) as identification.
(name of affiant). He /She is
NOTARY PUBLIC
My Commission Expires:
Kea
DRUGFREE WORKPLACE FORM
The undersigned vendor in accordance with Section 287.087 Florida Statutes hereby certifies
that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or
of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
(Signature)
STATE OF:
COUNTY OF:
Date:
Subscribed and sworn to (or affirmed) before me on (date) by
to me or has produced
(name of affiant). He /She is personally known
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
33
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for
CATEGORY TWO for a period of 36 months fro the date of being placed on the convicted
vendor list."
I have read the above and state that neither (Proposer's name) nor
any Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
or has produced
identification) as identification.
name of affiant). He /She is personally known to me
(type of
NOTARY PUBLIC
My Commission Expires:
34
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
Indemnification and Hold Harmless
For
Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any
tier, occasioned by negligence or intentional acts, errors, or other wrongful act of omission of the
Contractor or its Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
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WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
EMPLOYEE ASSISTANCE PROGRAM
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statues.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized
self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may
be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self - insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
36
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a
minimum, liability coverage for:
• Owned, Non - Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
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GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
EMPLOYEE ASSISTANCE PROGRAM
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Professional Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$ 1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 _ per Person
$ 1,000.000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
km
PROFESSIONAL MEDICAL LIABILITY
INSURANCE REQUIREMENTS
FOR
EMPLOYEE ASSISTANCE PROGRAM
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the furnishing of advice or services
of a professional nature, the Contractor shall purchase and maintain, throughout the life of the
contract, Professional Medical Liability Insurance which will respond to damages resulting from
any claim arising out of the performance of professional services or any error or omission of the
Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$ 500,000 per Occurrence $1,000,000 Aggregate
39
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate
from the standard insurance requirements specified within this manual. Recognizing this
potential, and acting on the advice of the County Attorney, the Board of County Commissioners
has granted authorization to Risk Management to waive and modify various insurance
provisions.
Specifically excluded from this authorization is the right to waive:
• The County as being named as an Additional Insured — If a letter from the Insurance
Company (not the Agent) is presented, stating that they are unable or unwilling to name
the County as an Additional Insured, Risk Management has not been granted the
authority to waive this provision.
And
• The Indemnification and Hold Harmless provisions
Waiving of insurance provisions could expose the County to economic loss. For this reason,
every attempt should be made to obtain the standard insurance requirements. If a waiver or a
modification is desired, a Request for Waiver of Insurance Requirement form should be
completed and submitted for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned to the
County Attorney who will submit the Waiver with the other contract documents for execution by
the Clerk of the Courts.
Should Risk Management deny this Waiver Request, the other party may file an appeal with the
County Administrator or the Board of County Commissioners, who retains the final decision -
making authority.
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MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved Not Approved
Date:
Board of County Commissioners appeal:
Approved Not Approved
Meeting Date:
BIDDER SIGNATURE
41
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023 -2009 must complete this form.
Name of Bidder/Responder
Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at
least one year prior to the notice or request for bid or proposal? (Please furnish copy. )
2. Does the vendor have a physical business address located within Monroe County from which the vendor
operates or performs business on a day to day basis that is a substantial component of the goods or services
being offered to Monroe County?
List Address:
Telephone Number:
B. Does the vendor /prime contractor intend to subcontract 50% or more of the goods, services or construction
to local businesses meeting the criteria above as to licensing and location?
If yes, please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at
least one year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
has produced
identification.
Tel. Number
Print Name:
name of affiant). He /She is personally known to me or
(type of identification) as
NOTARY PUBLIC
My Commission Expires:
42