Item C30BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
May
16, 2007
Division: Employee Services
Bulk Item: Yes
X
No _
Department: Benefits Office
Staff Contact Person/Phone #: Teresa Aguiar X4458
AGENDA ITEM WORDING: Approval to approve the Employee Assistance Program agreement
with The Allen Group.
ITEM BACKGROUND: The County went out for bids and received 6 proposals during the bidding
process which expired February 14, 2007. The current contract with the Care Center expired on March
30, 2007. Approval was granted at the March BOCC meeting to extend the current contract for an
additional three months (April 1, 2007 — June 30, 2007) in order to provide sufficient time to fully
implement EAP services with the new Provider.
PREVIOUS RELEVANT BOCC ACTION: At the March 15, 2006 meeting, the BOCC approved
the final year of extending the term of the current contract with the Care Center.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval to contract with The Allen Group for EAP services for
the period of June 1, 2007 — May 30, 2008.
TOTAL COST: $40,667.40 yr BUDGETED: Yes X No
COST TO COUNTY: $40,667.40 SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes _ No X AMOUNT I IE MONTH Year
APPROVED BY: County Atty' Q) OMB/Purchasing - k Managemer i
DOCUMENTATION:
DISPOSITION:
Revised 8/06
Included X Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract The Allen Group Contract #
with:
Effective Date: June 1, 20 77
Expiration May 31, 2008
Date:
Contract Purpose/Description:
Approval of Contract which provides confidential counseling services for employees
and dependents of the BOCC, the BOCC members and the Constitutional Officers and
their employees.
Contract Manager: Maria Gonzalez 4448 Employee Services/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on Ma 16, 2007 Agenda Deadline: May 1, 2007
CONTRACT COSTS
Total Dollar Value of Contract: $40,667.40 Current Year Portion: $ _
Budgeted? YesX No ❑ Account Codes: 502 - 08002 — 530 - 340
Grant: $ - -
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above e . maintenance, utilities, janitorial, so
CONTRACT REVIEW
Changes
Division Director
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Needed
Yes❑ Nolyf
Risk Management
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O.M.B./Purchasing
Yes❑ No❑
County Attorney
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UNTY fo�MONROE
KEY WESTLORIDA 33040
(305)294-4641
Office of the Employee Services Division Director
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 268
Key West, FL 33040
(305) 2924458 — Phone
(305) 2924564 - Fax
TO: Board of County Commissioners
FROM: Teresa E. Aguiar,
Employee Services Director
DATE: April 25, 2007
SUBJ: EAP Contract
The Allen Group
BOARD OF COUNTY COMMISSIONERS
Mayor Mario Di Gennaro, District 4
Mayor Pro Tem Dixie M. Spehar, District 1
George Neugent, District 2
Charles "Sonny" McCoy, District 3
Sylvia 3. Murphy, District 5
This item requests approval to contract with The Allen Group to provide confidential counseling services
in the lower, middle and upper keys for employees and their dependents.
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.
This contract provides confidential unlimited short term counseling services, on site periodic seminars
and initial orientation sessions, printed materials and 24 hour website access, 24 hour/seven day a week
confidential telephone service, Fitness for duty evaluations and other related services.
This RFP received 6 proposals and it is believed that The Allen Group (TAG) is the best choice of all
the Proposals (see attached letter from Interisk dated April 25, 2007).
It is therefore the recommendation that the Board approve the request to contract with The Allen Group
for the period of June 1, 2007 — May 30, 2008. If you have any questions on this item, please do not
hesitate to contact me at X4458.
nterisk Corporation Consultants — Risk Mom& Employee Benefits
1111 No. Westshore Blvd., Suite 208, Tampa, Florida 33607-4711 —tel: 813-287-1040
DATE: April 25, 2007
TO: Teresa Aguiar/Monroe County
FROM: Lawton Swan III/Sharon M. Jakobi
RE: Report on Proposal Evaluation of Employee Assistance Program
Interisk has reviewed the six proposals received in response to the Request for Proposal (RFP) for Monroe County's
Employee Assistance Program (EAP). Proposals were received from Life Solutions EAP, Corpcare, United Behavioral
Health, Business Heath Service, Deer Oaks EAP Services LLC, and The Allen Group (TAG). The review included all
documents submitted plus the results of individual telephone interviews with each proposer organization. The results
of the reviews follow.
Proposers stated they will comply with the 24/7 live response telephone system, management, supervisor and
employee meetings at all three of Monroe Country's locations, insurance requirements and forms required by the
County and the draft agreement included in the RFP.
Specifically, Treatment locations (the network), Benefits, Reports (utilization with requested categories) and Billings
and Cost (including rate guarantee) are commented on below.
In addition to the review of the written proposal forms, additional questions were asked of the proposers via individual
telephone conversations addressing:
✓ The extension of proposal rates until the plan can be implemented
✓ The time to implement a program once a proposer is chosen and terms agreed upon by Monroe County
✓ The procedure for evaluating short term versus long term counseling
After a review of the Life Solutions EAP, Corpcare, United Behavioral Health and Business Heath Service proposals, it
was determined that these proposers were unable to provide the benefits and services as required by the RFP, thus it
is recommended that the County eliminate them from further consideration. The following two proposers meet most of
the requirements as set forth by the County.
Deer Oaks EAP Services LLC
Deer Oaks has thirty (30) providers in their network in Monroe County with six (6) in the Lower Keys presently under
contract. They can provide the benefits in the Scope of Services, including fit to work evaluations. Their utilization
reports are quarterly with billings monthly or quarterly paid in advance. The rate is $3.97 per employee per month
(PEPM) for eight (8) sessions — per problem (if a different problem arose, they stated there would be additional
sessions). The rate is guaranteed for three (3) years. They will accept the EAP draft agreement as requested by the
County in the RFP. They provided no local references
The proposal rate is guaranteed until the decision is made. Implementation would be thirty (30) days, with employee
orientation and supervisors training determined by Monroe County and Deer Oaks. Deer Oaks will implement a
transition with the existing EAP. An evaluation of the employee will be done in the first session by a provider with a
master's degree and a determination made as to whether the problem is long term. If it is determined to be long term,
the employee will be referred for treatment under the applicable medical plan. Deer Oaks stated by phone that eighty-
five percent (85%) of the cases remain in the EAP.
The Allen Group (TAG)
In the original proposal, TAG listed eleven (11) providers in their network in Monroe County with one (1) in the Lower
Keys presently under contract. Some providers have offices in multiple locations. The provider list indicated the main
office address only. Upon further request, TAG expanded its network to sixteen (16) providers in Monroe County with
four (4) in Key West. They have stated: "TAG will add network providers as necessary to compliment the worksite
locations or employee home zip codes".
They can provide the benefits listed in the Scope of Services, including fit to work evaluations. Their utilization reports
are quarterly with billings monthly or quarterly paid in advance. The rate is $2.55 per employee per month (PEPM) for
unlimited sessions. TAG feels this plan is less restrictive. The rate is guaranteed for three (3) years. They will accept
the conditions of the EAP draft agreement supplied in the RFP. TAG has numerous Florida clients referenced
including the State of Florida employees EAP. They stated this EAP is handled by a separate team and will not
interfere with the handling of Monroe County's program.
The proposal rate is normally guaranteed for ninety (90) days; however TAG has agreed to extend that to six (6)
months. Implementation would be thirty (30) days, with employee orientation and supervisors training determined by
Monroe County's training department and TAG as close to the starting date as possible. The materials will be shipped
immediately. Employee evaluations will be done in the first diagnostic session with a provider and a determination
made as to whether the problem is long term. If it is determined to be long term, the employee will be referred for
treatment under the applicable medical plan. All TAG counselors are at a master's level or above. The TAG proposal
indicates that seventy to eighty percent (70%-80%) of the cases are resolved in the short term unlimited visit program.
Deer Oaks' rate is considerably higher than TAG and is limited to eight (8) sessions. They have indicated six (6)
providers in the Lower Keys where the concentration of Monroe's employees are located versus four (4) for TAG.
However, they have referenced no present clients in the Florida area. They will accept the draft EAP contractual
agreement included in the RFP.
TAG's rate is competitive and includes unlimited sessions for the employees. TAG considers the unlimited program
more beneficial to the employee. They have numerous clients in the State of Florida, including the State of Florida
itself. They have now indicated four (4) providers in the Lower Keys. With an employee census, they can expand this
network. They will accept the draft EAP contractual agreement included in the RFP.
Either Deer Oaks or TAG appears to be able to provide the needed services to Monroe County. The Allen Group
(TAG) appears stronger based on their existing client base in Florida and the unlimited number of sessions per
problem. Their competitive rate of $2.55 per employee per month (PEPM) is guaranteed for three years which will
result in lower overall cost to the County and they will accept the Country EAP proposed draft agreement. We believe
they emerge as the first choice.
Page 2
CONTRACT AGREEMENT
These contract documents should be used only after consultation with counsel. The documents
are not intended as legal advice appropriate to any specific situation, nor do they purport to
address all issues which may arise between the contracting parties. The documents should be
amended or supplemented where appropriate.
MONROE COUNTY
CONTRACT FOR PROFESSIONAL SERVICES
FOR EMPLOYEE ASSISTANCE PROGRAM (EAP)
THIS AGREEMENT is made and entered into this day of , by
MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address
is 1100 Simonton Street, Key West, Florida 33040 and THE ALLEN GROUP
("CONTRACTOR"), whose address is 2965 West State Road 434, Suite 100, Longwood, FL
32779.
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 to the COUNTY'S requirements for EAP.
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 one (1) year beginning the _ day of
, 2007 and renewable at the County's option for two (2) additional
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consecutive one year terms.
Section 4. COMPENSATION
Compensation to CONTRACTOR shall be $2.55 Per employee per month for unlimited
sessions as set out in Exhibit "B". Total contract amount shall not exceed $40,667.40 unless
approved by amendment by the County.
Section 5. PAYMENT TO CONTRACTOR
5.1 Payment will be made according to the Local Government Prompt Payment Act. Any
request for payment must be in a form satisfactory to the Clerk of Courts for Monroe
County (Clerk). The request must describe in detail the services performed and the
payment amount requested. The CONTRACTOR must submit invoices to the Director
of Employee Services, who will review the request, note his/her approval on the request
and forward it to the Clerk for payment.
5.2 Monroe County's performance and obligation under this contract is contingent upon an
annual appropriation by the Board of County Commissioners.
Section 6. CONTRACT TERMINATION
Either party may terminate this Agreement because of the failure of the other party to perform its
obligations under the Agreement. COUNTY may terminate this Agreement with or without
cause upon sixty (60) days notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR
for work performed through the date of termination.
Section 7. 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 8. NOTICES
Any notice required or permitted under this agreement shall be in writing and hand delivered or
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mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
To the COUNTY: Employee Services Division Director
1100 Simonton Street, Suite 2-268
Key West, Florida 33040
To the CONTRACTOR: Linda Allen, President
2965 W. State Road 434 Suite 100
Longwood, FL 32779
Section 9. 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 four 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 10. 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 11. CONVICTED VENDOR
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.
Section 12. 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.
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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 13. 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 14. 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 15. 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 16. 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 17. 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 no
resolution can be agreed upon within 30 days after the first meet and confer session, the issue
or issues shall be discussed at a public meeting of the Board of County Commissioners. 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.
Section 18. COOPERATION
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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 19. 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. COUNTY or CONTRACTOR
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 patent records; Title
Vill of the Civil Rights Act of 1968 (42 USC s. 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; 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 20. 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 21. 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 22. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor
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,
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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 23. 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 24. 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 25. 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 26. 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 27. 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
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.
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Section 28. 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 29. 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 30. 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 31. 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 32. INSURANCE POLICIES
32.1 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
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
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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.
32.2 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 govemed 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:
$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
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.
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32.3 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.
32.4 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:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 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.
32.5 MEDICAL PROFESSIONAL LIABILITY REQUIREMENTS
Recognizing that the work governed by this contract involves the providing of professional
medical and/or psychological treatment, the CONTRACTOR shall purchase and maintain,
throughout the life of the contract, Professional Liability Insurance which will respond to the
rendering of, or failure to render medical professional services under this contract.
The minimum limits of liability shall be:
$500,000 per occurrence/$1,000,000 Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of four (4)
years will be required.
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Section 33. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify 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 sole negligent 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.
The COUNTY hereby agrees, within the limits of Section 768.28, Florida Statutes, .to hold
harmless, indemnify, and defend the CONTRACTOR, his employees and agents, against any
and all claims for damages allegedly arising from or related to the conduct or negligence of the
COUNTY's employee or agents.
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.
"THIS SPACE LEFT
INTENTIONALLY
BLANK"
10 of 30
May 09 07 03:27p Monroe Co Employee Svcs 305-292-4564
b5/b`Jf'1Fbb1 14:J4 4UlUb'L141I IAta LI�W P. 1
rcuc az
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 speie fled in this contrad. Such delays or hindrances, if any, she 11
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.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on 0e
day of 2007.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
OF MONROE COUNTY, FLORIDA
BY
Deputy Clerk
(CORPORATE SEAL)
WITNESS FOR THE ALLEN GROUP
e ` •
11 of 30
BOARD OF COUNTY COMMISSIONERS
By -
MayoNChakman Date
THE ALLEN GROUP
By -WV4r0C6 Cc. e7a
Print Nar
%nature Daly
MONROE COUNTY ATTORNEY
N f '_
ASSIS I,,,i . _ i ORNEY
Date T=9
EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL SERVICES FOR EMPLOYEE ASSISTANCE PROGRAM (EAP)
The EAP shall provide mental health assistance to County Employees in the form of individual
counseling services in a number of areas, pharmacologic intervention, four 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 one (1) year and renewable at the County's option for two (2) additional
consecutive one year terms.
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 81,000.
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.
Employee Assistance Program ("EAP")
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 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 over 1300 employees who have access to this plan. Dependents are
included for the same benefits. The current plan is administered by Care Center for Mental
Health (CCMH). The cost to the County is a rate per employee per month.
The EAP provides 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
• The EAP provider is required to provide four (4) educational group seminars at least
12 of 30
annually at each of the three locations. The County may select from the following
topics:
• Stress management
• Violence in the workplace
• Alcohol and drug abuse education
• Marriage enrichment
• Depression
• Dealing with difficult people
• Parenting problems
• Anger management
The County is currently provided quarterly utilization reports and is billed on a monthly
basis.
SCOPE OF THE WORK TO BE PROVIDED BY EAP
At a minimum the services provided by the EAP shall be provided to all employees and
their dependants. County employees are the employees of the Board of County
Commissioners, the Board members, the Constitutional Officers and their employees. A
County employee includes dependents living in the employee's home.
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
At least a total of eight (8) face-to-face counseling sessions shall be available to an employee
and dependents during the contract term. If the eight (8) sessions are exhausted and the
problem has not been resolved, the EAP must explain other treatment options. If the
problem is not covered by the EAP, the EAP 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 Seminars:
• The EAP provider is required to provide four (4) educational group seminars at least
annually at each of the three locations. The County may select from the following
topics:
• Stress management
• Violence in the workplace
• Alcohol and drug abuse education
• Marriage enrichment
• Depression
• Dealing with difficult people
• Parenting problems
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• Anger management
• A top management orientation session providing an EAP overview at the three County
locations annually, including
• A minimum of four (4) Supervisors intervention training sessions at the three
County locations annually
• Program orientation sessions for all County employees at the three County
locations annually
• Utilization reports provided monthly
In addition to the present EAP services, the following services will be considered:
• 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
Note: All additional services must be priced separately or as an alternate proposal to the
required services
Qualifications Necessary for EAP
Counselors shall 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) privacy and security rules.
Service Requirements
The County requires the EAP 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 employee seeking professional help. The telephone log
information must be included in the monthly report to the County.
The County has employees in Upper, Middle, and Lower Keys. The EAP must provide
services for all these locations.
The EAP shall provide:
• Primary focus on EAP services
• Immediate access to services 24 hours, 7 days per week by a live responder
14 of 30
• 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 7 days a week
• Trauma response services
• Training seminars offered on site
• 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 is confidentiality preserved
• Licensure and credentials and memberships
Required Reports
Utilization report 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:
1) Currently in treatment
2) Cooperating with treatment
3) Completed treatment
4) Referred out of the EAP and to another mental health care provider
5) Receiving after -care services
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.
15 of 30
EXHIBIT B
CONTRACT BUDGET
The Services shall include the following services at the following prices:
1. EAP Management Training/Employee Orientation:
Twelve (12) 1.0 — 1.5 hour management training sessions.................................Included
(Four at each location)
Six (6) 45-minute to 1-hour non -management employee orientation sessions ........ included
(Two at each location)
For the EAP to be successful, training must be conducted within the first 90 days.
The management training sessions show the managers how to use the Employee
Assistance Program as a management tool to return their subordinate's performance to
acceptable levels. Instruction in how to make referrals, what limited information to expect,
how to observe behavior, etc. are detailed.
The non -management employee orientation sessions describe, in detail, how an individual
may voluntarily and confidentially use the service.
A video is furnished for all off -site training and orientation. The CD may also be used for
new -hire orientation as well.
2. EAP Program Development Consultation:
Policy development, strategic planning, training scheduling, start-up and periodic Process
evaluation consultation................................................................................. ..Included
Consultation with COUNTY regarding program development and ongoing EAP integration
issues will be accomplished by TAG staff. Time allocated by mutual consent of COUNTY
andTAG.................................................................................................... ..Included
Expertise in the areas of program acculturation, implementation planning, media
development, staff selection, program evaluation, and face-to-face senior executive
feedback is extremely important for the development of appropriate organizational support.
3. EAP Printed Materials:
Brochures, letters, policy statements (if needed), posters, business -size EAP cards, etc.
Reprints for up to 20% of Eligible Employees will be furnished at no additional cost after first
annualyear.................................................................................................Included
(Custom printing available at additional charge).
A critically important aspect of "conditioning the market" is communicating with the
employee body on all possible levels. This includes EAP information in the form of
newsletter articles, posters for bulletin boards, letters sent to the Eligible Employees'
families, business card size EAP instructions, published policy statement, etc.
16 of 30
4. EAP Services:
TAGs Unlimited Short -Term Counseling (USTC) will provided Eligible Employees and
Eligible Family Members with access to qualified counselors. Brief Therapy includes an
unfixed number of sessions (an average of 3.5 to 4.5 1-hour counseling sessions) with a
qualified, licensed mental health/substance abuse professional. The USTC format will be
utilized when the treating professional's initial assessment, typically one (1) to two (2)
sessions, determines that a client's concerns can be resolved within the USTC model.
However, if the assessment indicates a need for longer term counseling or specialized
assistance, i.e., chemical dependency treatment, a referral will be made to an appropriate
resource.
Many Eligible Employees require brief therapy intervention delivered by the EAP. In many
instances it is not good clinical practice to refer out problems that the EAP counselor is
qualified to handle. For this reason, most Eligible Employees will be counseled only by the
EAP program.
Services include initial consultation with plan attorneys for each new legal problem/question
Other services include 24-hour web site access, on-line legal document library, and
preparation of simple wills, documentation review (up to six pages) and third party letters.
Eligible Employees and Family Members are eligible for discounted fees for complicated
legal matters and/or representation.
Initial consultation with financial planners is also available to evaluate financial status.
Eligible Employees and Family Members receive discounted rates for plan preparation and
financial services, if desired. Access to 24-hour web site. On -site, periodic seminars can be
scheduled covering estate planning, financial planning or a combination of the two.
Members of the financial plan receive a ninety -day money -back guarantee (covering
financial planning fees) in the event of their dissatisfaction with the plan.
The Base Compensation for 1,329 full-time and part-time employees ("Eligible Employees")
located in Monroe County is $2.55 per employee per month`, including Eligible Family
Members. The number of employees is subject to change on a monthly basis (only to be
changed on invoice when there is a five (5) percent plus or minus change). However, the
amount of $2.55 per employee will remain the same......................................$40,667.40
5. Advantage Work/Life Services "Advantage Web with Assisted Search"
Advantage Web is a complete collection of web -based information, tools and resources
supporting all family caregiving and daily living topics. The self -search and assisted search
features allow employees to locate childcare, eldercare, adoption, parenting, and education
information and referral options. The 5 web modules include family caregiving, emotional
well-being, health and wellness, working smarter and daily living.
For 1,329 Eligible employees.........................................................................Include
6. Brown Bag Workshops:
TAG will furnish COUNTY with twelve (12) "Brown Bag" workshop hours per year.... Included
7. Critical Incident Stress Debriefing Services:
Tag will furnish COUNTY with six (6) CISD hours per year...................................Included
17 of 30
8. Fitness for Duty:
TAG's Fitness for Duty evaluations (Level One) in the areas of mental health and substance
abuse consists of diagnostic interviews and evaluations by qualified professionals ... Included
9. Establishment of Toll Free 24-hour EAP Phone Service:
TAG maintains 24-hour coverage, including weekends and holidays. TDD and interpreters
(for counseling sessions) are provided for those needing these services. Counselors are
skilled in handling a wide array of issues including substance abuse and mental health
emergencies................................................................................................Included
10. Statistical Reports:
TAG will provide COUNTY with quarterly statistical reports .................................. Included
CONTRACT TOTAL: Base Compensation
Listed below are the additional services:
40 667.40
Training/Orientation: Additional available at $185.00 per session, plus travel
expenses.
Workshops: Additional hours available at $200.00 per hour, plus travel expenses
CISD: Additional CISD hours available at $250.00 per hour, plus travel expenses
o Immediate Response CISDs (within 2 — 4 hours following an incident) are
available on an optional basis at $275.00 per hour, plus a flat per personal
travel fee of $195.00.
o TAG will provide a clinician on site (COS) when a COSD is not required. This
option is available at $275.00 per hour, plus a flat per person travel fee of
$195.00.
18 of 30
RESPOND TO:
RESPONSE FORMS
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o Employee Services
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s)
I have include
• Lobbying and Conflict of Interest Clause X
• Non -Collusion Affidavit X
• Drug Free Workplace Form X
• Public Entity Crime Statement X
• Insurance Requirements X
In addition, I have included a current copy of the following professional and occupational
licenses:
List all personnel and price per man-hour, inclusive of all travel and other expenses (there will
be no reimbursable expense items):
n/a
(Check mark items above as remainder that they are included)
Mailing Address: 2965 W. State Rd 434, Ste 100 Telephone: 407-788-8822 / 800-272-7252
Longwood, FL 32779 Fax: 407-862-1477
Signed:
i Allen
(Print Name)
President
(Title)
STATE OF: Florida
COUNTY OF: Seminole
Date: April 20, 2007
Witness:
Subscribed a d sw(rn to or affirmed) before me on Aar�l Do, Q10 (date)
by - LA fAaCL n (name of affi nt). He/She is personally known to me
or has produced (type of ident ication) as
identification.
Nntav Pubiic State of Ronda �
r GIO u"
ftry Cammi�s,on C7D�'33'l9� N T Y P LIC
M Commission Exi es:10
cXPheS'Jd�J`JtL(ji�� y
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
"The Allen Group"
(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."
(Si r )
Lj G,
Date:
STATE OF: Florida
COUNTY OF: Seminole
Subscribed and swornto(or affirmed) before me on 4 o r I' Qo a po 7 (date) by
I ndGL F� �2 t1 (name of affiant). He/She is personally known
to me or has produced
identification) as identification.
o"y A Notary Public State of Flonda
a dory Kerr
% _ o My Commission DD578329
' ar fvc� Expires &0512010
(type of
NOTARY PUBLIC
My Commission Expires: /
NON -COLLUSION AFFIDAVIT
1, of the city of
my oath, and under penalty of perjury, depose and say that
according to law on
1. 1 am Linda Allen of the firm of The Allen Group the bidder making the Proposal for
the project described in the Request for Proposals for Employee Assistance
Program 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.
(Sid re)
Date: v�
STATE OF: Florida
COUNTY OF: Seminole
Subscribed and sworn to (or affirmed) before me on t�i1 �D, QDa7 (date) by
Linda Ian (name of affiant). He/She is personally known
to me or has produced (type of
identification) as identification.
alictat ubSFir da
Y a�
��g329
y Uoalm ss,an DD
°ForF�°o- Gxp e `)5!'2
I -VW I/i,
NOT
Y PUBLIC
My Commission Expires: S D
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
The Allen Group
(Name of Business)
1. Publish 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. Inform 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. Give 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), notify 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 contenderre 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. Impose 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. Make 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.
k1111146 rZk_
(so re)
Date: ` C
STATE OF: Florida
COUNTY OF: Seminole
Subscribed and sworn to (or affirmed) before me on rl ( )a 0 7 (date) by
LA oJa A 1 1e_n (name of affiant). He/She is personally known
to me or has produced
(type of identification) as identification.
Notary Pubf'� State of Flbnda ,T�., t (Y1 Vk T ),y _
;PAY p� NOTA PUBL C . ro N Glory Key,
a rnYcon:, sson(}(�578329 My Commission Expires:
�"�n��,,oa E�o:res�8,v51201G
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, 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 The Allen Group (Respondent's name) nor any
Affiliate has been placed on the convicted vendor list within the last 36 months.
14
u
(Sig re)
Date:
STATE OF: Florida
COUNTY OF: Seminole
Subscribed and sworn to (or affirmed) before me on
(date) by Li CAA N lit (`) (name of affiant). He/She is personally known to me
or has produced
identification) as identification.
tiPa� �Ud NOtaly Pubiv Bute of Honda
Glory Ksr
o` hey Comrrtssnor DC578329
4
�'� of r�� expires 08/0-" 2019
NOTAF PUBLIC
My Commission Expires: __ S1 `; to
(type of
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, 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.
24 of 30
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:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 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.
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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
• Expanded Definition of Property Damage
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
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.
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VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
EMPLOYEE ASSISTANCE PROGRAM
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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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 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
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INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS
Worker's Compensation $ 100.000 Bodily Injury by Acc.
$ 500,000 Bodily Inj. by Disease, policy Imts
$ 100,000 Bodily Inj. by Disease, each emp.
General Liability, including $ 300,000 Combined Single Limit
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Vehicle Liability $100,000 per Person
(Owned, non -owned and hired vehicles) $300,000 per Occurrence
$ 50,000 Property Damage
$300,000 Combined Single Limit
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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