955-The Allen Group CONTRACT
CITY OF SANFORD, FLORIDA
This contract entered into this 1st day of October 2002, by The Allen Group
hereinafter called the "Contractor" and the City of Sanford hereinafter called the "City."
WITNESSETH that the Contractor and the City, in consideration of the mutual covenants,
promises and agreements herein contained, agree as follows:
SCOPE OF THE CONTRACT: The Contractor shall provide the goods/services to the City as set
forth in the Contract Documents required to perform and complete the work/Project known as:
Employee Assistance Program of the City of Sanford, Florida. It is hereby noted that the City of
Sanford is "piggy-backing" the contract identified below as one of the contract documents and as
provided by Flodda Statutes. The Contractor is extending all of the terms, conditions and pricing
specified by the odginal contract.
THE CONTRACT DOCUMENTS SHALL CONSIST OF: (1) This signed form
(2) Attached copy of contract between Seminole County and The Allen Group
INDEMNIFICATION: The contractor agrees to indemnify, defend and hold harmless the City,
including its officers, agents, and employees, from any claim, damages and actions of any kind or
nature, whether at law or in equity, arising from or caused by the use of any materials, goods,
equipment and/or services of any kind or nature furnished by the contractor, provided that such
liability is not attributable to the sole negligence of the City or failure to use the materials, goods,
or equipment and/or services in the manner already and permanently prescribed by the
contractor.
PAYMENT will be processed as provided by the contract documents.
CONTRACT ADMINISTRATOR: Joseoh Denaro. Human Resources Director shall decide
questions which may arise as to the quality and acceptability of services furnished, work
performed, rate of progress of work, Specifications and all questions as to the acceptable
fulfillment of the Contract on the part of the Contractor.
IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to
be bound thereby.
CONTRACTOR:
Printed Name andmitle: .~',~gl/',~rT'~---E~ ~-4~F-'rO.
f
CITY OF SANFORD:; ...-.. ~ .
/// Signature
/
EMPLOYEE ASSISTANCB-PROGRAMAGBEEMENT (RFP-4137-01/BJC)
THIS AGREEMENT is made and entered into this /~ day of
/~7~ , 20 ~9~ , by and between SEMINOLE COUNTY, a po-
litical subdivision of the State of Florida, whose address is Seminole
County Services Building, 1101 East First Street, Sanford, Florida
32771, hereinafter referred to as "COUNTY," PROPERTY APPRAISER, whose
address is Seminole County Services Building, 1101 East First Street,
Sanford, Florida 32771, hereinafter referred to as "APPRAISER,"
SUPERVISOR OF ELECTIONS, whose address is 116 West First Street,
Sanford, Florida 32771, hereinafter referred to as "SUPERVISOR" and
THE ALLEN GROUP, duly authorized to conduct business in the State of
Florida, whose address is 2965 West State Road 434, Suite 100, Long-
wood, Florida 32792, hereinafter referred to as "EAP PROVIDER."
WI TNE S SETH:
WHERF2%S, the COUNTY, APPRAISER AND SUPERVISOR desire to retain
the services of competent and qualified providers to provide an em-
ployee assistance program for the COUNTY, APPRAISER AND SUPERVISOR's
employee assistance program project in Seminole County; and
WHEREAS, the COUNTY, APPRAISER AND SUPERVISOR have requested and
the retention of services of pro-
received expressions of inter~st for
viders;
ices
its professional
herein,
WHER~AS, EAP PROVIDER is competent and qualified to furnish serv-
to the COUNTY, APPRAISER AND SUPERVISOR and desires to provide
services according to the terms and conditions stated
CERTIFIED COPY
DIARYANNE DIORSE
CLERK OF CIRCUIT COURT
SEMINOLE COUNTY, FLORIDA
DEPUTY CLERK
NOW,
covenants set forth herein,
PROVIDER agree as follows:
SECTION 1. SERVICES.
THEREFORE, in cGRsideration of the m~tual understandings and
COUNTY, APPRAISER AND SUPERVISOR and EAP
COUNTY, APPRAISER AND SUPERVISOR do hereby
retain EAP PROVIDER to furnish professional
tasks as further described in the Scope
and incorporated herein as Exhibit "A".
SECTION 2. AUTHORIZATION FOR SERVICES.
formance
Agreement
services and perform those
of Services attached hereto
of professional services by the EAP
shall be in the form of written notice
executed by the COUNTY,~PPRAISER AND SUPERVISOR.
Authorization for per-
PROVIDER under this
to proceed issued and
SECTION 3. TIME FOR COMPLETION. The services to be rendered by
PROVIDER shall be commenced upon issuance of the notice to proceed
completed
EAP
issued by the COUNTY,
in accordance with time periods
AND SUPERVISOR's Human Resources
shall be
COUNTY,
APPRAISER AND SUPERVISOR and
established by the
Director.
APPRAISER
SECTION 4. COMPENSATION AND PAYMENT. The COUNTY, APPRAISER AND
SUPERVISOR agree to compensate the EAP PROVIDER for the professional
services called for under this Agreement in accordance with the Fee
Schedule attached as Exhibit ~'B", which is incorporated by this refer-
ence. The fees paid to the EAP PROVIDER pursuant to this Agreement
shall not exceed the sum of FIFTEEN THOUSAND AND NO/100 DOLLARS
($15,000.00) per each year of the Agreement term.
SECTION 5. BILLING AND PAYMENT. EAP PROVIDER shall render to
COUNTY, APPRAISER AND SUPERVISOR, at the close of each calendar month,
an itemized invoice properly dated, describing the services rendered,
the cost of the services,--the name and address of the EAP PROVIDER,
Contract Number and all other information required, if any, by this
Agreement. The original invoice shall be sent to:
Director of County Finance
Seminole County Board of County Commissioners
Post Office Box 8080
Sanford, Florida 32772-8080
A duplicate copy of the invoice shall be sent to:
Human Resources Director
Coqnty Services Building
1101 East 1s~ Street
Sanford, Florida 32771
Property Appraiser
County Services Building
1101 East l~-~-treet -
Sanford, Florida 32771
Supervisor of Elections
116 West 1st Street
Sanford, Florida 32771
SECTION 6. GENERAL TERMS OF PAI~MENT AAFD BILLING.
(a) Upon satisfactory completion of work required hereunder
and, upon acceptance of the work by COUNTY, APPRAISER AND SUPERVISOR,
EAP PROVIDER may invoice COUNTY, APPRAISER AND SUPERVISOR for the full
amount of compensation provided for under the terms of this Agreement.
COUNTY, APPRAISER AND SUPERVISOR shall pay EAP PROVIDER within thirty
(30) days of receipt of such invoice.
(b) COUNTY, APPRAISER AND SUPERVISOR may perform or
formed an audit of
have per-
the records of EAP PROVIDER after final payment to
support final payment hereunder.
time mutually agreeable to
SUPERVISOR subsequent to the
the last work is performed.
This audit would be performed at a
EAP PROVIDER and COUNTY, APPRAISER AND
close of the final fiscal period in which
Total compensation to EAP PROVIDER may be
3
determined subsequent to ah audit as provided for in subsection (c)
and of this subsection, and the total compensation so determined shall
be used to calculate final payment to EAP PROVIDER. Conduct of this
audit shall not delay final payment as required by subsection (a) of
this Section.
(c) The EAP PROVIDER agrees to maintain all books, documents,
papers, accounting records and other evidences pertaining to work per-
formed under this Agreement in such a manner as will readily conform
to the terms of this Agreement and to make such materials available at
EAP PROVIDER's office at all reasonable times during the Agreement pe-
five (5) ye----ars from the date of final payment under t~e
audit or inspection as provided for in subsection (a) of
riod and for
contract for
this Section.
(d)
payment,
In the event any audit or inspection conducted after final
but within the period provided in subsection (c) of this Sec-
tion reveals any overpayment by COUNTY, APPRAISER AND SUPERVISOR under
the terms of the Agreement, EAP PROVIDER shall refund such overpayment
to COUNTY, APPRAISER AND SUPERVISOR within thirty
by the COUNTY, APPRAISER AND SUPERVISOR.
RESPONSIBILITY OF EAP PROVIDER.
SECTION 7.
(a) EAP PROVIDER shall
quality, technical accuracy and
ies, reports and other services
Agreement. EAP PROVIDER shall,
rect or revise any errors
(30) days of notice
be responsible for the professional
the coordination of all plans, stud-
furnished by EAP PROVIDER under this
without additional compensation, cor-
or deficiencies in its services.
(b) Neither the COUNTY, APPRAISER NOR SUPERVISOR's review, ap-
proval or acceptance of, nor payment for, any of the services required
shall be construed to operate as a waiver of any rights under this
Agreement or of any cause of action arising out of the performance of
this Agreement and the EAP PROVIDER shall be and remain liable to the
COUNTY, APPRAISER AND SUPERVISOR in accordance with applicable law for
all damages to the COUNTY, APPRAISER AND SUPERVISOR caused by the EAP
PROVIDER's performance of any of the services furnished under this
Agreement.
SECTION
data, survey
8. OWNERSHIP OF DOCUMENTS. Ail deliverable reference
data, p-~ns and reports that result from the EAP
PROVIDER's services under this Agreement shall become the property of
the COUNTY, APPRAISER AND SUPERVISOR after final payment for the spe-
cific service provided is made to EAP PROVIDER. No changes or revi-
sions to the documents furnished by EAP PROVIDER shall be made by
COUNTY, APPRAISER AND SUPERVISOR or its agents without the written ap-
proval of EAP PROVIDER.
SECTION 9. TERM. This Agreement shall take effect on the date
of its execution by COUNTY, APPRAISER AND SUPERVISOR and shall run for
a period of five (5) years.
SECTION 10. TERMINATION.
(a) The COUNTY, APPRAISER AND SUPERVISOR may, by written notice
to the EAP PROVIDER, terminate this Agreement, in whole or in part, at
any time, either for the COUNTY, APPRAISER AND SUPERVISOR's conven-
ience or because of the failure of the EAP PROVIDER to fulfill EAP
PROVIDER' s Agreement obli§ations. Upon receipt of such notice, the
EAP PROVIDER shall:
(1) immediately discontinue all services affected unless
the notice directs otherwise, and
(2) deliver to the COUNTY, APPRAISER AND SUPERVISOR all
plans, studies, reports, estimates, summaries, and such other informa-
tion and materials as may have been accumulated by the EAP PROVIDER in
performing this Agreement, whether completed or in process.
(b) If the termination is for -the convenience of the COUNTY,
APPRAISER AND SUPERVISOR, the EAP PROVIDER shall be
for services performed--~ the date of termination.
be paid no more than a percentage of the Fixed Fee
to the percentage of the completion of work
ment.
(c) If the termination is due to
paid compensation
EAP PROVIDER sha~l
amount equivalent
contemplated by the Agree-
PROVIDER to fulfill its
AND SUPERVISOR may take
pletion by AGREEMENT or
Agreement obligations, the COUNTY,
over the work and prosecute the
otherwise. In such case, the
the failure of the EAP
APPRAISER
same to com-
EAP PROVIDER
SUPERVISOR for reasonable
AND SUPERVISOR
such additional
shall be liable to the COUNTY, APPRAISER AND
additional costs occasioned to the COUNTY, APPRAISER
thereby. The EAP PROVIDER shall not be liable for
costs if
yond the control and without the fault or negligence of the EAP
PROVIDER. Such causes may include, but are not limited to, acts of
God or of the public enemy, acts of the COUNTY, APPRAISER AND
SUPERVISOR in either its sovereign or contractual capacity, fires,
the failure to perform the Agreement arises out of causes be-
floods, epidemics, quaraR~ine restrictions, strikes,
goes, and unusually severe weather; but, in every case,
perform must be beyond the control and without
of the EAP PROVIDER.
(d) If, after notice of termination for
Agreement obligations, it is determined that the
so failed, the termination shall be deemed to
the convenience of the COUNTY, APPRAISER AND
event, adjustment in the Agreement price
subsection (b) of this Section.
(e) The rights--~nd remedies of
freight embar-
the failure to
the fault or negligence
failure to fulfill
EAP PROVIDER had no
have been effected for
SUPERVISOR. In such
shall be made as provided in
the COUNTY, APPRAISER AND
SUPERVISOR provided in this clause are in addition to any other rights
and remedies provided by law or under this Agreement.
SECTION 11. EQUAL OPPORTUNITY EMPLOYMENT. EAP PROVIDER agrees
that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, re-
ligion, sex, age or national origin and will take steps to ensure that
applicants are employed, and employees are treated during employment,
without regard to race, color, religion, sex, age or national origin.
This provision shall include; but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment advertising;
layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship.
SECTION 12. NO CONTINGENT FEES. EAP PROVIDER warrants that it
has not employed or retained any company or persons, other than a bona
fide employee working solely for the EAP PROVIDER, to solicit or se-
7
cure this Agreement and that EAP PROVIDER has not paid or agreed to
pay any persons, company, corporation, individual or firm, other than
a boDafide employee working solely for EAP PROVIDER, any fee, commis-
sion, percentage, gift, or other consideration contingent upon or re-
sulting from the award or making of this Agreement. For the breach or
provision, COUNTY, APPRAISER AND SUPERVISOR shall
violation of this
have the right to
liability and to
cover, the full
consideration.
terminate the Agreement at its discretion, without
deduct from the Agreement price, or otherwise re-
amount of such fee, commission, percentage, gift or
Section 13. Conf~l-f~t of Interest.
(a) EAP PROVIDER agrees that it will not engage in any action
that would create a conflict of interest in the performance of its obli-
gations pursuant to this Agreement with the COUNTY, APPRAISER AND
SUPERVISOR or which would violate or cause others to violate the provi-
sions of Part III, Chapter 112, Florida Statutes, relating to ethics in
government.
(b) EAP PROVIDER hereby certifies that no officer, agent or em-
ployee of the COUNTY, APPRAISER AND SUPERVISOR have any material inter-
est (as defined in Section 1~2.312(15), Florida
either directly or indirectly, in the business
conducted here, and that no such person shall have
any time during the term of this Agreement.
(c) Pursuant to Section 216.347, Florida
hereby agrees that monies received from the
Statutes, as over 5%)
of EAP PROVIDER to be
any such interest at
Statutes, EAP PROVIDER
COUNTY, APPRAISER AND
SUPERVISOR pursuant to thim-Agreement will not be used for the purpose
of lobbying the Legislature or any other State or Federal Agency.
SECTION 14. ASSIGNMENT. This Agreement, or any interest herein,
shall not be assigned, transferred, or otherwise encumbered, under any
circumstances, by the parties hereto without prior written consent of
the opposite party and only by a document of equal dignity herewith.
SECTION 15. SUBCONTRACTORS. In the event EAP PROVIDER, during
the course of the work under this Agreement, requires the services of
any subcontractors or other professional associates in connection with
service covered by this Agreement, EAP PROVIDER must secure the prior
written approval of the--~UNTY, APPRAISER AND SUPERVISOR. '
SECTION 16. INDEMNIFICATION OF COUNTY, APPRAISER AND SUPERVISOR.
EAP PROVIDER shall indemnify and save harmless COUNTY, APPRAISER AND
SUPERVISOR, its officers, agents, and employees from and against any
claim, demand or cause of action of whatsoever kind or nature arising
from allegedly arising from or related to the performance of services
this Agreement by EAP PROVIDER, its officers, agents or employ-
under
ees.
SECTION 17. INSURANCE.
(a) General. The EAP PROVIDER shall at the EAP PROVIDER's own
cost, procure the insurance required under this Section.
(1) The EAP PROVIDER shall furnish the COUNTY with a Cer-
tificate of Insurance signed by an authorized representative of the in-
surer evidencing the
Liability, Workers'
General Liability).
insurance required by this Section (Professional
Compensation/Employer's Liability and Commercial
The COUNTY, its officials, officers, and employees
shall be named additional i~ured under the Commercial General Liability
policy. The Certificate of Insurance shall provide that the COUNTY
shall be given not less than thirty (30) days written notice prior to
the cancellation or restriction of coverage. Until such time as the in,
surance is no longer required to be maintained by the EAP PROVIDER, the
EAP PROVIDER shall provide the COUNTY with a renewal or replacement Cer-
tificate of Insurance not less than thirty (30) days before expiration
or replacemen~ of the insurance for which a previous certificate has
been provided.
(2) The Certificate shall contain a statement that it is
being provided in accor~nce with the Agreement and that the insura~'~e
is in full compliance with the requirements of the Agreement. In lieu
of the statement on the Certificate, the EAP PROVIDER shall, at the op-
tion of the COUNTY submit a sworn, notarized statement from an author-
ized representative of the insurer that the Certificate is being pro-
vided in accordance with the Agreement and that the insurance is in full
compliance with the requirements of the Agreement.
(3) In addition to providing the Certificate of Insurance,
if required by the COUNTY, the EAP PROVIDER shall, within thirty (30)
days after receipt of the request, provide the COUNTY with a certified
copy of each of the policies of insurance providing the coverage re-
quired by this Section.
(4) Neither approval by the COUNTY or failure to disapprove
the insurance furnished by EAP PROVIDER shall relieve the EAP PROVIDER
of the EAP PROVIDER's full responsibility for performance of any obliga-
10
tion including EAP PROVIDER's indemnification of COUNTY under this
Agreement.
(b) Insurance Company Requirements. Insurance companies provid-
ing the insurance under this Agreement must meet the following require-
ments:
(1) Companies issuing policies other than Workers' Compen-
sation must be authorized to conduct business in the State of Florida
and prove same by maintaining Certificates of Authority issued to the
companies by the Department of Insurance of the State of Florida. Poli-
cies for Workers' Compensation may be issued by companies authorized as
a group self-insurer by Section 440.57, Florida Statutes.
(2) In addition, such companies other than those authorized
by Section 440.57, Florida Statutes, shall have and maintain a Best's
Rating of "A" or better and a Financial Size Category of "VII" or better
according to A.M. Best Company.
(3) If, during the period which an insurance company is
providing the insurance coverage required by this Agreement, an insur-
ance company shall: 1) lose its Certificate of Authority, 2) no lenger
comply with Section 440.57, Florida Statutes, or 3) fail to maintain the
requisite Best's Rating and Financial Size Category, the EAP PROVIDER
shall, as soon as the EAP PROVIDER has knowledge of any such circum-
stance, immediately notify the COUNTY and immediately replace the insur-
ance coverage provided by the insurance company with a different insur-
ance company meeting the requirements of this Agreement. Until such
time as the EAP PROVIDER has replaced the unacceptable insurer with an
11
· nsurer acceptable to
in default of this Agreement.
(c) Specifications. Without
tions or liability of the
the CQUNTY the EAP PROVIDER shall be deemed to be
limiting any of the other obliga-
EAP PROVIDER, the EAP PROVIDER shall, at the
EAP PROVIDER's sole expense, procure, maintain and keep in force amounts
and types of insurance conforming to the minimum requirements set forth
in this Section. Except as otherwise specified in the Agreement, the
insurance shall become effective prior to the commencement of work by
the EAP PROVIDER and shall be maintained in force-until the Agreement
completion date. The amounts and types of insurance shall conform to
the following minimum r~-~irements. ~i
(1) Workers' Compensation/Employer's Liability.
(A) EAP PROVIDER's insurance shall cover the EAP
PROVIDER for liability which would be covered by the latest edition of
the standard Workers' Compensation Policy, as filed for use in Florida
by the National Council on Compensation Insurance, without restrictive
endorsements. The EAP PROVIDER will also be responsible for procuring
proper proof of coverage
ability which is a result
contractor's employees.
from its subcontractors of every tier for ii-
of a Workers' Compensation injury to the sub-
The minimum required limits to be provided by
both the EAP PROVIDER and its subcontractors
(c) below. In addition to coverage for the Florida Workers'
tion Act, where appropriate, coverage is to be included for
States Longshoremen and Harbor Workers' Compensation Act, Federal
ployers' Liability Act and any other applicable Federal or State law.
is outlined in subsection
Compensa-
the United
Em-
12
the
limit on
Workers'
Workers'
(B) Subjec~t to the restrictions of coverage found in
standard Workers' Compensation Policy, there shall be no maximum
the amount of coverage for liability imposed by the Florida
Compensation Act, the United States Longshoremen's and Harbor
Compensation Act, or any other coverage customarily insured un-
der Part One of the standard Workers' Compensation Policy.
(C) The minimum amount of coverage
the standard Workers' Compensation Policy shall be:
$ 500,000.00 (Each Accident)
$1,000,000.00 (Disease-Policy Limit)
$ 500,000.00 (Disease-Each Employee)
(2) Commercial General Liability.
(A) The EAP PROVIDER's insurance shall
sources of liability which would be
under Part Two of
cover the EAP
PROVIDER for those covered by the
latest edition of the standard Commercial General Liability Coverage
Form (ISO Form CG 00 01), as filed for use in the State of Florida by
the Insurance Services Office, without the attachment of restrictive en-
dorsements other than the elimination of Coverage C, Medical
the elimination of coverage for Fire Damage Legal Liability.
(B) The minimum limits to be maintained by
PROVIDER (inclusive of any a~ounts
policy) shall be as follows:
provided'by an Umbrella or
LIMITS
SThree (3) Times the
Each Occurrence Limit
$500,000.00
$500,000.00
General Aggregate
Personal & Advertising
Injury Limit
Each Occurrence Limit
Payment and
the EA?
Excess
13
(3) Professional Liability Insurance. The EAP PROVIDER
shall carry limits of not less than FIVE HUNDRED THOUSAND AND NO/100
DOLLARS ($500,000.00).
(d) Coverage. The insurance provided by EAP PROVIDER pursuant to
this Agreement shall apply on a primary basis and any other insurance or
self-insurance maintained by the COUNTY or the COUNTY's officials, offi-
cers, or employees shall be excess of and not contributing with the in-
surance provided by or on behalf of the EAP PROVIDER.
(e)
Commercial
vided on an occurrence r-~ther than a claims-made basis. The ProfeS-
sional Liability insurance policy must either be on an occurrence basis,
or, if a claims-made basis, the coverage must respond to all claims re-
ported within three (3) years following the period for which coverage is
required and which would have been covered had the coverage been on an
occurrence basis.
(f) Obligations. Compliance with the
quirements shall not relieve the EAP PROVIDER,
of liability from any obligation under a Section or
of this Agreement.
SECTION 18. ALTERNATIVE DISPUTE RESOLUTION.
Occurrence Basis. The Workers' Compensation Policy and the
General Liability required by this Agreement shall be pro-
foregoing insurance re-
its employees or agents
any other portions
(a) In the event of a dispute related to any performance or
payment obligation arising under this Agreement, the parties agree to
exhaust COUNTY, APPRAISER AND SUPERVISOR administrative dispute reso-
lution procedures prior to filing suit or otherwise pursuing legal
remedies. COUNTY, APPRAISER AND SUPERVISOR administrative dispute
14
resolution procedures for ~roper invoice and payment disputes are set
forth in Section 55.1, "Prompt Payment Procedures", Seminole County
Administrative Code. Contract claims include all controversies, ex-
cept disputes addressed by the ~Prompt Payment Procedures", arising
under this Agreement with administrative dispute resolution procedures
set forth in Section 220.106, "Contract Claims% Seminole County Code.
(b) EAP PROVIDER agrees that it will
pursue legal .remedies based on facts or
were not presented for consideration in
file no suite or otherwise
evidentiary materials that
the COUNTY, APPRAISER AND
SUPERVISOR administrative dispute resolution procedures set forth in
subsection (a) above o--~ which the EAP PROVIDER had knowledge a~d
failed to present during the
COUNTY, APPRAISER AND SUPERVISOR administrative dispute resolution
procedures.
(c) In the event that COUNTY, APPRAISER AND SUPERVISOR adminis-
trative dispute resolution procedures are exhausted and a suit is
filed or legal remedies are otherwise pursued, the parties shall exer-
cise best efforts to resolve disputes through voluntary mediation.
Mediator selection and the procedures to be employed in voluntary me-
diation shall be mutually acceptable to the parties. Costs of volun-
tary mediation shall be shared equally among the parties participating
in the mediation.
SECTION 19. REPRESENTATIVE OF COUNTY, APPRAISER AND SUPERVISOR
AND EAP PROVIDER.
(a) It is recognized that questions in the day-to-day conduct
of performance pursuant to this Agreement will arise. The COUNTY,
15
APPRAISER AND SUPERVISOR, -upon request by EAP RPOVIDER, shall desig-
nate in writing and shall advise EAP PROVIDER in writing of one (1) or
more COUNTY, APPRAISER AND SUPERVISOR employees to whom all communica-
tions pertaining to the day-to-day conduct of the Agreement shall be
addressed. The designated representative shall have the authority to
transmit instructions, receive information and interpret and define
the COUNTY, APPRAISER AND SUPERVISOR's
to the work covered by this Agreement.
(b) EAP PROVIDER shall, at all
policy and decisions pertinent
times during the normal work
week, designate or appoint one or more representatives of EAP PROVIDER
who are authorized to ~ on behalf of EAP PROVIDER regarding all m~-
ters involving the conduct of the performance pursuant to this Agree-
ment and shall keep COUNTY, APPRAISER AND SUPERVISOR continually ad-
vised of such designation.
SECTION 20. ALL PRIOR AGREEMENTS SUPERSEDED. This document in-
corporates and includes all prior negotiations, correspondence, con-
versations, agreements or understandings applicable to the matters
contained herein and the parties agree that there are not commitments,
agreements or understandings concerning the subject matter of this
Agreement that are not contained or referred to in this document. Ac-
cordingly, it
be predicated
oral or written.
SECTION 21.
fication,
is agreed that no deviation from the terms hereof shall
upon any prior representations or agreements, whether
MODIFICATIONS, AMENDMENTS OR ALTERATIONS.
No modi-
amendment or alteration in the terms or conditions contained
16
herein shall be effective u4%less contained in a written document exer
cured with the same formality and of equal dignity herewith.
SECTION 22. INDEPENDENT CONTRACTOR. It is agreed that nothing
herein contained is intended or should be construed as in any manner
creating or establishing a relationship of copartners between the Par-
ties, or as constituting the EAP PROVIDER including its officers, em-
ployees, and agents, the agent, representative, or employee of the
COUNTY, APPRAISER AND SUPERVISOR for any purpose, or in any manner,
whatsoever. The EAP PROVIDER is to be and shall remain an independent
contractor with respect to all services performed under this Agree-
ment.
SECTION 23. EMPLOYEE STATUS. Persons employed by the EAP
PROVIDER in
Agreement
ployment
the performance of services and functions pursuant to this
shall have no claim to pension, workers' compensation, unem-
compensation, civil service or other employee rights or
privileges granted to the COUNTY,
and employees either by operation of
law or by the COUNTY,
APPRAISER AND SUPERVISOR's officers
APPRAISER
AND SUPERVISOR.
SECTION 24. SERVICES NOT PROVIDED FOR. NO claim for services
furnished by the EAP PROVIDE~R not specifically provided for herein
shall be honored by the COUNTY, APPRAISER AND SUPERVISOR.
SECTION 25. PUBLIC RECORDS LAW. EAP PROVIDER acknowledges
COUNTY, APPRAISER AND SUPERVISOR's obligations under Chapter 119,
Florida Statutes, to release public records to members of the public
upon request. EAP PROVIDER acknowledges that COUNTY, APPRAISER AND
SUPERVISOR is required to comply with Chapter 119, Florida Statutes,
17
in the handling of the materials created under this Agreement and that
said statute controls over the terms of this Agreement.
SECTION 26. NOTICES. Whenever either party desires to give no-
tice unto the other, it must be given by written notice, sent by cer-
tified United States mail, with return receipt requested, addressed to
the party for whom it is intended at the place last specified and the
place for giving of notice shall remain such until it shall have been
changed 'by written notice in compliance with the provisions of this
Section. For the present, the parties designate the following as the
respective places for giving of notice, to wit:
FOR SEMINOLE COUNTY, APPRAISER AND SUPERVISOR:
Human Resources Director
County Services Building
1101 East 1s= Street
Sanford, Florida 32771
Property Appraiser's Office
Seminole County Services Building
1101 East 1st Street
Sanford, Florida 32771
Supervisor of Elections
116 West 1s~ Street
Sanford, Florida 32771
FOR EAP PROVIDER:
The Allen Group
2965 West State Road 434, Suite 100
Longwood, Florida 32792
SECTION 27. RIGHTS AT LAW RETAINED. The rights and
the COUNTY, APPRAISER AND SUPERVISOR, provided for under
ment, are in addition to any other rights and remedies
law.
remedies of
this Agree-
provided by
18
IN
this Agreement
ATTEST:
WITNESS WHEREOF, -~he parties hereto
for the purposes stated herein.
(CORPORATE SEAL)
have made and executed
THE ALLEN GROUP
Sales and Marketing
Date:
ATTEST:
County Commissioners of Date:
Seminole County, Florida.
BOARD OF COUNTY COMMISSIONERS
S~OUNTY, FLORIDA
DARYL G. MCLAIN,
Chairman
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency
Count~A~t~n&y /
As authorized for execution by
the Board,_.°f/C°unty Commissioners
at their ~/J~ ,20
regular mee%ing.
19
WITNESSES:
By:
Date:
S~INOLE COUNTY
PROPERTY APP~ISER
~~'.W.' "BILL"SU~~
WITNESSES:
By:
Date:
SEMINOLE COUNTY
SUPERVISOR OF ELECTIONS
SANDRA GOARD
AC/1pk
2/8/02
rfp-4137
Attachment(s)
Exhibit A - Scope of Service
Exhibit B - Fee Schedule
2O
Exhibit "A"
SCOPE OF SERVICES FOR OPTION I
Employee Assistance Program (EAP) Scope of Services - Board of CoU~ '-.: i)~'
Commissioners Emptoyees (excluding Public Safety Department personnel),.Pr~p~'i:i i~i~' .
Appraiser and Supervisor of Elections employees.
The EAP Provider will provide services to 1000 employees of the Board of
County Commissioners; 53 employees for the Property Appraiser's Office; and 15
for Supervisor of Elections (1068 total). For Option I, said employees consist of
all Board of County Commissioner's employees, excluding the employees of the
Fire Rescue Division and the Communications Division. The EAP provider
a~ees to a provision for minor increases or decreases ~(5% or less) in' client
population without change to the contract or quoted fee amount.
The EAP Provider wi~--accept employees and their immediate families who ai'e
self-referred or referred to the EAP by their supervisors.
The EAP Provider will have day and evening hours scheduled for services and
will also have a 24-hour, 7~day emergency hotline available to deal with
emergency situations.
The EAP Provider will advise employees of the next available appointment, and
assist employees with obtaining appointments in the office of their choice.
The EAP Provider will evaluate and diagnose the employee's problem. If
necessary, referrals xvill be made to other agencies or to a more intensive program
offered by the EAP Provider. Every effort will be made by the EAP Provider to
coordinate referrals for extended counseling with the County's insurance provider
(United Healthcare). The EAP Provider will provide the County with a listing and
rate charge of other services provided through their agency. Employees will have
unlimited visits per contract period covered under this pro.am. _
The EAP Provider must be willing to provide some flexibility, at no additional
charge, to this pro.am restriction based upon the situation. For those employees
who have been referred to other EAP Provider services or an outside agency, the
EAP Provider will stay in contact with the employee and referred provider to
ensure that the employee receives the proper and appropriate care.
To maximize program effectiveness, the EAP Provider will provide a
comprehensive on-site orientation program for al! employees as an introduction to
the services provided through the Employees Assistance Program. Due to the
many locations of the County Offices, the dates, times and locations of the
orientation program will be determined by the County. The EAP Provider must
users\betsy~docs\comract~r fpYfp455\pa:kage doc
¸7.
I0.
11.
12.
agree to be available to provide at least twenty (20) orientation sessions during the
initial start-up of the program. Each employee attending this program will receive
a brochure outlining the EAP Provider's services. The brochure content will be
mutually agreed upon by the County and the EAP Provider. The EAP Pr6Vider
also agrees to provide 2,000 brochures for distribution by the County. fl'he c})st
said brochures will be borne solely by the EAP Provider.
To maximize program effectiveness, the EAP Provider will provide a
comprehensive on-site program for management and supervisory personnel, with
dates, times and locations to be determined by the County. This program will not
only acquaint management and supervisory personnel to the purpose of the EAP
Program, but also to help utilize EAP as a supervisory tool and encourage a high
level of enthusiasm for the program. The EAP .Provider agrees to provide a
supervisory training manual/handbook for use by' supe~iso'ry personn;1.- The
content of the manual/handbook will be mutually agreed Upon by the County and
the EAP Provider. The EAP Provider agrees to provide the County with 500 said
manuals/handbooks for__.~distribution by the County. The EAP Provider agrees to
bear the cost for production and printing of these manuals/handbooks.
The EAP Provider agrees to provide periodic training sessions throughout the
term of the agreement as a refresher to both employees and supervisory personnel.
The EAP Provider also agrees to provide training for stress management and other
mental health issues as requested by the County.
The EAP Provider will provide, via telephone, assistance and consultation to
supervisors on an as-needed basis for guidance on handling EAP issues including
supervisory referrals.
The EAP Provider agrees to provide promotional materials to the County for
posting at the various County work-sites. The type and amount of materials shall
be mutually agreed upon by the County and the EAP Provider. Suggested
promotional materials include, but not limited to, home mailings of program
brochures, bulletin board displ}ys, visits by the EAP Provider and their staff to
County work-sites, and articles/announcements for inclusion ih the County's
employee newsletter.
Quarterly meetings xvith the EAP Provider and the designated County
representative to review a written statistical report on client services, will be
conducted and coordinated by the County.
The EAP Provider must provide assurances to the County on the confidentially of
meeting sessions. This should include scheduling so that employees from the
County are not,~ven adjacent appointments.
13.
All EAP participants will have an opportunity to anonymously evaluate the
services received through the EAP Provider. The format of said evaluation will
be mutually agreed upon by the County and the EAP Provider.
SCOPE OF SERVICES FOR OPTION II
Employee Assistance Program (EAP) Scope of Services - Public Safety Department.
1. The EAP Provider will provide services to 247 employees of the Seminole County
Public Safety Department.
The EAP Provider will accept employees and their immediate families who are
self-referred or referred to EAP by their supervisors~ -..
The EAP Program will have day and evefiing hours Scheduled for services and
will also have a 24-hour, 7-day emergency hotline available to deal with
emergency situations. ~
The EAP Provider will evaluate and diagnose the employee's problem within
three (3) visits. If necessary, referrals will be made to other agencies or to a more'
intensive program offered by the EAP Providers. Every effort will be made by the
EAP Provider to coordinate referrals for extended cOunseling with the County's
insurance provider (United Healthcare). The EAP Provider will provide the
County with a listing and rate charge of other services provided through their
agency.
The EAP Provider must be willing to provide some flexibility, at no additional
charge, to this program restriction based upon the situation. For those employees
who have been referred to other EAP Provider services or an outside agency, the
EAP Provider will stay in contact with the employee and referred provider to
ensure that the employee receives the proper and appropriate care.
To maximize program effectiveness, the EAP Provider will provide a
comprehensive on-site orientation program for all employees as an introduction to
the services provided through the Employees Assistance Program. Due to the
many locations of County Offices, the dates, times, and locations of the
orientation program will be determined by the County. The EAP Provider must
agree to be available to provide at least twenty orientation sessions during the
initial start-up of the program. Each employee attending this program will receive
a brochure outlining the EAP Provider's services. The brochure content will be
mutually agreed upon by the County and the EAP Provider. The EAP Provider
also agrees to provide 500 brochures for distribution by the County. The cost of
said brochures will be borne solely by the EAP Provider.
us~rs\bctsy\docs\contract\n*p~,p455\package.floc
10.
11.
12.
13.
14.
To maximize program effectiveness, the EAP Provider will provide a
comprehensive on-site program for management and supervisory personnel, with
dates, times, and locations to be determined by the County. This program wilt not
only acquaint management and supervisory personnel to the purposes of the ~ ... ·
Program but also to help utilize EAP as a supervisory tool and to encourage a high: i ili.i-i.
level of enthusiasm for the program. The 'EAP Provider agrees to pr0vide~'a ';!:'~!'i:: ~'i
supervisory training manual/handbook mutually agreed upon by the County~ .T~ :.~:
EAP Provider agrees to provide the County with 100 said manuals/handbooks for
distribution by the County. The EAP Provider agrees to bear the cost of
production/printing of the manual/handbook.
The EAP Provider agrees to provide periodic training sessions throughout the
term of the agreement as a refresher to both employees and supervisory personnel.
The EAP Provider will provide, via telephone, assistafi6e and consultation to
supervisors on an as-needed basis for guidance on handling EAP issues including
referrals.
The EAP Provider a~ees to provide promotional materials to the County for
posting at the various County worksites. Type and amount of material shall be
mutually agreed upon by the County and EAP Provider. Suggested promotional
materials include, but are not limited to, home mailings of pro,am brochures,
bulletin board displays, visits by the EAP Provider and their staff to County
worksites, and articles/announcements for inclusion in the County's employee
newsletter.
Quarterly meetings with the EAP Provider and the designated County
representative to review a written statistical report on client services.
The EAP Provider must provide assurances to the County on the confidentiality of
meeting sessions. This should include scheduling so that employees from the
County are not given "adjacent" appointments.
All EAP participants will ha,)e an opportunity to anonymouslY evaluate the
services received through the EAP Provider. The format of said evaluation will
be mutually agreed upon by the County and the EAP Provider.
Due to the high stress level involved in the work of Option 11 personnel, "crisis"
counseling, including the ability to be familiar with the types of problems
encountered by sa/d personnel is required. To accomplish this task, on-site visits
to Public Safety Operations is required.
The EAP Provider must be able to provide "critical incident stress debnefin~
services to personnel on an as-needed basis.
users\betsy\docs\centractXr~p~rfp455~packag¢.dec
SECTION III
Semtnole Couty ~overnment
COST SUMMARY
. January 8,
F_AP SERVICE PROPOSAL
h~anagement Orlentatloxt~Trainin~
1-hour to 1.5-hour management tr~i~ing sessions, (As needed), .....,.:.:; ........ ~ ...... i ....... Included
Employ. e Orlentation/IYainlng ..
4S-minute to 1-hour non-management eanployee orientation, (As needed) ................... Included
The management training sessions show the managers how to use the Employee Assistance Program as a
management tool, how to make referrals, what limited information to expect, how to observe behavior, etc. are
detailed.
The non-management employee orientation sessions descn'be, in detail, how an individual may voluntarily and
confidentially use the service.
TAG will furnish 18 hours of "Brown-bag" workshops per year at no afldlflonal charge,
Additional workshops ~ $80.00, plus travel.
Program Development Con~ltafion
Policy development, strategic planning, training scheduling, slart-up
and perio die process evaluation consultation ............................................................... Included
Consultation regarding program development and ongoing EAPintegration issues will be accomplished by TAG
Time allocated by mu~a! comment of both parties.
Expertise in the areas of program acculturation, implementation planning, media development, program
evaluation, an executive feedback is extremely important for the development of appropriate organizational
support.
Printed Materials
Brochures, letters, policy statements, posters, business-size EAP cards ................... ]].. Included
(Custom printing available at additional charge).
TAG 75
A crMcally ~mpo. rt~n~ aspect o fen~lcyee assistaxice is com,r~m~ with the e,~M~ tx~ly on all pos~h
levels. TMs includes EAP informatMn in the f~nn of~ ax~cles, posters for Bulletin board~ letters sent to
Critical incident Stress Management Services
TAG will provlde CISM ~s needed, free ofcharge ...............; ...... Included
BsmbMhmcnt of TollFree 24-hour EAP Phone Service .............. Included
Bn~ced LegalA.~tance and FinancialPl~,~c, .................... y. Included
Option I F_AP Services ' ' ..... ~
TAGwill p rovide a 1. -hour dia~mo' stic intctwiew, plus unlimited sh ort-ter~ counseling sesalons, case
rr~n~gement and follow-up, for employees ~1 family members.
Based on the population of 1,053 ............................................... $11.00 per employee per year.
Option II EAP Services
TAG willprovide a 1-hour ~ostic inlerview, plus unlimited short-term counseling sessions, case
management and follow-up, for employees and ~m,'ly members.
Based onthe population of 247 ................................................. $11.00 per employee per year.
The Allen Group will provide the option for the County to add other county agencies as apart of this
contract.
Contract Cost:
OptionI
OptlonH
1,053 employees for $11.00 per year ................................. $11,583.00
247 employees for $11.00 per year ................_.. ................... $2,717.00
Combined · ~ ............... ;:..... $14,300.00
Cost ................................................
_ ,/'A4; )'4