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1. 09/17/2008 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 30, 2008 TO: Community Services FROM: Dotti Albury, In-Home Services Program .J;/' IJ.' Isabel C. DeSantis '. / Deputy Clerk Y' ATTN: At the September 17, 2008 BOCC Meeting, the Board granted approval and authorized execution of the following: Contract between Monroe County and S.T.E.P.S in the Right Direction, Inc., a 501(c)(3) home health agency, to provide direct in-home services for the elderly and disabled as provided under grants to Monroe County from the Alliance for Aging (e.g., CCE and OAA) and the Department of Children and Families (e.g., CCDA). Enclosed is a fully executed duplicate original of the above-mentioned for your handling. Should you have any questions, please do not hesitate to contact me. Thank you. cc: County Attorney Finance File CONTRACT THIS AGREEMENT, made and entered into this ~day of September, 2008, A.D., by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter called the "Owner" or "County"), and S.T.E.P.s. in the Right Direction, Inc., (hereinafter called the "Contractor"). WHEREAS, the County provides in-home services to the elderly and disabled residing throughout Monroe County; and WHEREAS, the County receives funding from the Alliance for Aging, Inc., the Florida Department of Children and Families, and the Florida Agency for Health Care Administration for the purposes of providing in-home services countywide; and WHEREAS, the County has provided in-home services to assist the vulnerable elderly and/or disabled residents to remain in their homes and maintain independence for over 25 years; and WHEREAS, the County desires to contract for in-home services to ensure that such services are available throughout the County; and WHEREAS, Contractor is qualified and desires to provide in-home services; NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties agree as follows: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: I. THE CONTRACT The contract between the Owner and the Contractor, of which this agreement is a part, consists of the contract documents, which are as follows: This agreement and any amendments executed by the parties hereafter, together with the response to RFP and all required insurance documentation. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 2. SCOPE OF THE WORK The Contractor shall provide In-Home Services for the County. The 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 contract documents. The provider 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 this contract. B. The personnel shall not be employees of or have any contractual relationship with the County. C. All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. 3. PAYMENTS TO THE CONTRACTOR The contractor shall submit to the County an invoice with supporting documentation acceptable to the Clerk on a schedule as set forth in the contract. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 4. TERM OF CONTRACT The term of this contract is for nine months and two weeks, commencing on the 17th day of September , 2008, and ending on the 30th day of June, 2009. The County shall have the option to renew this agreement for two (2) additional one-year periods. The contract amount agreed to herein may be adjusted armually in accordance with the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-D) for the most recent 12 months available. 5. CONTRACTOR'S RESPONSIBILITIES A. The Contractor will perform only authorized in-home services in the homes of elderly and/or disabled residents in the Areas 1,2,3, and 4 for the unit rate(s) specified herein. Only those in- home services that are specifically authorized by the County as documented by the Social Services Department, a department within the Community Services Division, will be reimbursable. In-home services will be provided by the Contractor in accordance with DOEA definitions/specification, by agencies that hold necessary licenses, and by individual workers qualified to perform such services as detailed in Florida Department of Elder Affairs (DOEA) 1998 Client Services Manual (12/21/98) and the Home and Community Based Services, Draft Handbook, January 2003, the State of FL Department of Children and Families (DCF) CFOP 140-8, Community Care for Disabled Adults (CCDA), and in accordance with the Agency for Health Care Administration (AHCA) guidelines as required and any subsequent modifications thereto. B. The in-home services Contractor will provide under these terms and conditions are ~respite care, X homemaker, X personal care, X chore, X emergency home repair/housing improvement, and X material aid as defined by DOEA in the 1998 and 2003 draft handbooks, DCF CFOP 140-8 for CCDA, and AHCA guidelines as noted above and any subsequent revisions thereto. 2 C. The Contractor will provide in-home services during the term of this contract for the unit rates as agreed upon and that follow: $ 24.00 lunit for respite care, $ 24.00 lunit for homemaker, $ 30.00 lunit for personal care, $ 30.00 lunit for chore, $ UP to $150.00 lunit based on Contractor estimate as approved bv Countv Social Services Department for emergency home repair/housing improvement, and reimbursement for a unit of material aid based on Contractor estimate as approved bv Countv Social Services Department. A unit of each service in defined by DOEA in the 1998 and 2003 draft handbooks, DCF CFOP 140-8 for CCDA, and AHCA guidelines as noted above and any subsequent revisions thereto. The number of units of services performed for each client must be preauthorized by the County. The Contractor can be reimbursed for authorized travel between client homes. Worker travel to the home of the first client and worker travel from the home of the last client is not reimbursable. Only eligible travel will be reimbursed that is properly documented on the State of Florida Voucher for Reimbursement of Travel Expenses in accordance with FS 112.061 and Monroe County approved reimbursement rate per mile. D. The Contractor will provide the in-service( s) detailed in "B" above for the unit rate agreed upon in "C" above in geographic Areas ~I, ~2, X 3, and X 4 in order to ensure that in-home services are available in countywide. E. The Contractor will in all cases provide in-home services within the timeframes required by DOEA as defined by DOEA in the 1998 and 20003 handbooks, DCF CFOP 140-8 for CCDA, and AHCA guidelines as noted above and any subsequent revisions thereto. F. The Contractor agrees that the County Administrator will designate representatives to visit the Contractor's facility(ies) periodically to conduct random open file evaluations and other contract monitoring activities during the Contractor's normal business hours. G. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct it's 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 the County upon request. H. The Contractor must maintain approval status from the Alliance for Aging, Inc., Medicaid Waiver Provider of Choice. 6. CONTRACTOR'S FINANCIAL 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 six 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 Sec. 55.03, FS, running from the date the monies were paid to Contractor. 3 7. 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. 8. HOLD HARMLESS AND INSURANCE The Contractor covenants and agrees to indemnifY and hold harmless Monroe County Board of County Commissioners of Monroe County 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 the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. The extent ofliability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached forms identified as INSCKLST 1-5, as further detailed on forms WCI, GLl, GIR I, and VLl, each attached hereto and incorporated as part of this contract document, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. 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 contract entered into by the County be required to contain any provision for waiver. 9. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find the Contractor or any of his employees, contractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 10. 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. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to 4 nondiscrimination. These include but are not limited to: I) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) 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; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) 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; 7) 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; 8) Title VIII 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; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11 )Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 12. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 13. DISCLOSURE AND CONFLICT OF INTEREST The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. 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 5 public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Upon execution of this contract, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and all programs in Monroe County which the Contractor sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. 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, 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. 14. ARREARS The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 15. NOTICE REOUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Administrator 1100 Simonton Street Key West, FL 33040 and County Attorney PO Box 1026 Key West, Fl. 33041-1026 FOR CONTRACTOR: Executive Director S.T.E.P.S. in the Right Direction, Inc. 1651 West 37 Street, Suite 406 Hialeah, FL 33012 16. TAXES The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be 6 responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 17. TERMINATION The County may terminate this contract for cause with seven (7) days notice to the contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. A. Either of the parties hereto may terminate this contract without cause by giving the other party sixty (60) days written notice of its intention to do so. 18. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES A. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. B. 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 will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. C. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. D. 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. E. 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, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 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. F. 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 7 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. G. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 19. 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. 20. 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. 21. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 22. 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. 23. 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. 24. 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 8 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. 25. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 26. 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. 27. 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 singing any such counterpart. 28. 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. 29. MUTUAL REVIEW This agreement has been carefully reviewed by the Contractor and the County. Therefore, this agreement is not to be construed against any party on the basis of authorship. IN WITNESS WHEREOF the parties hereto have executed this Agreement ~ th,l<,da~d date first written above in four (4) counterparts, each of which shall, without proof~ ~ou~g for the other counterparts, be deemed an original contract. .'::,;:2 : : c-, '1 11',=r-< -of (")" i-- W C'.,' C) ...'", ..'(SEAL)'. / .;--- __1 . .,(-:-1 ". -"- ~ . '. I: , Att6t:'DANN'Y L. KOLHAGE, CLERK -"11 -,'-~ 0) , ) BOARD OF COUNTY CO~ISSIO~RS': OF MONROE COUNTY, FLOIDA -.j " , By: ~JD;~ Mayor/Chairman .-.;--- ay:'~~ Q. ~{t~-tw Deputy Clerk By: By: RIGHT DIRECTION, INC. (SEAL) Attest: WITNESS Title: Title: 9 By: Title: WITNESS 10 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 the 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. TCS II RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements For Other Contractors and Subcontractors As a pre-requisite ofthe work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his 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. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) 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 the 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. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: . Certificate of Insurance or . A Certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. (GIRl) 12 The Monroe County Board of County Commissioners, its employees and otlicials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County-prepared form entitled, "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. (GIRl) 13 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: In-Home Services BETWEEN MONROE COUNTY, FLORIDA AND S.T.E.P.S. in the Right Direction, Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. 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 and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by 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. (wel) 14 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: In-Home Services BETWEEN MONROE COUNTY, FLORIDA AND S.T.E.P.S. in the Right Direction, Inc. 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: $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $250,000 per Person $500,000 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. (GL1) 15 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: In-Home Services BETWEEN MONROE COUNTY, FLORIDA AND S.T.E.P.S. in the Right Direction, Inc. 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: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. (GL1) 16 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 Waivina of insurance provisions could expose the Countv 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 Requirements 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 the 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. 17 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: 18 MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have himlher sign it in the place provided. It is also required that the respondent sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WCI WC2 WC3 WCUSLH X X Workers' Compensation Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Federal Jones Act WCJA (INSCKLST) 19 Statutory Limits $100,000/$500,000/$100,000 $500,000/$500,000/$ 5 00,000 $1,000,000/$1,000,000/$1,000,000 Same as Employers' Liability Same As Employers' Liability GENERAL LIABILITY As a minimum, the required general liability coverage will include: . Premises Operations . Blanket Contractual . Expanded Definition Of Property Damage . Products and Completed Operations Personal Injury . Required Limits: GLl x $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit GL2 $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit GL3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit GL4 $5,000,000 Combined Single Limit Required Endorsement: GLXCU Underground, Explosion and collapse (XCU) GLLlQ Liquor Liability GLS Security Services All endorsements are required to have the same limits as the basic policy (INSCKLST) 20 VEHICLE LIABILITY As a minimum, coverage should extend to liability for: . Owned; Non-owned; and hired Vehicles Required Limits: VLl x VL2 VL3 VL4 BRl MVC PROl PR02 PR03 POLl POL2 POLJ ED1 ED2 GKI GK2 GK3 (INSCKLST) $50,000 per Person; $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit $100,000 per Person; $300,000 per Occurrence $ 50,000 Property Damage or $300,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES Builders' Risk Limits equal to the completed project Motor Truck Cargo Limits equal to the maximum value of anyone shipment Professional Liability $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$l ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. Pollution Liability $ 500,000 per Occurrence/$ 1,000,000 Agg. $1,000,000 per Occurrence/$ 2,000,000 Agg. $5,000,000 per Occurrence/$l 0,000,000 Agg. Employee Dishonesty $ 10,000 $100,000 Garage Keepers $ 300,000 ($ 25,000 per Veh) $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) 21 MEDl Medical $ 250,000/$ 750,000 Agg. MED2 Professional $ 500,000/$ 1,000,000 Agg. MED3 $1,000,000/$3,000,000 Agg. MED4 $5,000,000/$10,000,000 Agg. IF Installation Maximum value of Equipment Floater Installed VLPl Hazardous $ 300,000 (Requires MCS-90) VLP2 Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liability Maximum Value of Property HKLl Hangarkeepers $ 300,000 HKL2 Liability $ 500,000 HKL3 $1,000,000 AIR! Aircraft $ 1,000,000 AIR2 Liability $ 5,000,000 AIR3 $50,000,000 AEOI Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg. AE02 & Omissions $ 500,000 per Occurrence/$l ,000,000 Agg. AE03 $1,000,000 per Occurrence/$3,000,000 Agg. EOI Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg. E02 & Omissions $ 500,000 per Occurrence/$l ,000,000 Agg. E03 $1,000,000 per Occurrence/$3,000,000 Agg. (INSCKLST) 22 INSURANCE AGENTS STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature (INSCKLST) 23 ACORD CERTIFICATE OF LIABILITY INSURANCE DA 123/08 E(MM/D/") PRODUCER PROVIDER PROFESSIONAL INS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 4345 SW 72 AVE SUITE A ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR MIAMI,FL 33155 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (305)740-5319 INSURERS AFFORDING COVERAGE NAIC# INSURER A: WESTERN WORLD INSURANCE CO INSURED S.T.E.P.S.IN THE RIGHT DIRECTION,INC INSURER B: 1651 WEST 37TH STREET INSURER C: SUITE 406 INSURER D: HIALEAH,FLORIDA 33012 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING. ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD DATE(MMIDDIYY) DATE(MM/DDIYY) GENERAL LIABILITY EACH OCCURRENCE 300,000 ❑� COMMERCIAL GENERAL LIABILITY NPP1164556 DAMAGE TO RENTED 50,000 09/28/08 09/28/09 PREMISES(Ea occurence) ❑❑ CLAIMS MADE 0 OCCUR MED EXP(Any one person) 5,000 ❑d PROFESSIONAL PERSONAL&ADV INJURY 300,000 ❑ LIABLITY GENERAL AGGREGATE 300,000 PRODUCTS-COMP/OP AGG 300,000 GEN'L AGGREGATE LIMIT APPLIES PER: _ ❑ POLICY 0 PROJECT ❑ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ❑ ANY AUTO NO COVERAGE (Ea accident) ❑ ALL OWNED AUTOS r.� .,;; ,, BODILY INJURY ❑ ❑ SCHEDULED AUTOS (Per person) ❑ HIRED AUTOS r.''i --- BODILY INJURY ❑ NON OWNED AUTOS ._,.: 1� (Per accident) ❑ sai j, VVV _.V PROPERTY DAMAGE �] t"• r' ;;1/P.. ! (Per accident) GARAGE LIABILITY NO COVERAGE AUTO ONLY-EA ACCIDENT ❑ ❑ ANY AUTO OTHER THAN EA ACC ❑ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE NO COVERAGE (] ❑ OCCUR ❑ CLAIMS MADE AGGREGATE ❑ DEDUCTIBLE ❑ RETENTION WORKERS COMPENSATION AND NO COVERAGE ❑ WC STATU- ❑ OTH- EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? If yes,describe under E.L.DISEASE-EA EMPLOYEE SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT OTHER i I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 1$250.00 DEDUCTIBLE UNDERWRITER 561-391-5534 STEVEN FINVER HOME HEALTH CARE CLAIMS ARE PAID IN A PER CLAIM BASIS STANDARD POLICY PROVISION AND EXCLUSIONS APPLY NO ADDITIONAL INSURED APPLY (300,000 PER CLAIM GENERAUPROFESSIONAL LIABLITY) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ADDITIONAL INSURED EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO MONROE COUNTY THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY BOARD OF COUNTY COMMISIONERS OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. KEY WEST,FLORIDA 33040 AUTHORIZED REPRESENTATIV ATTN:RISK MANAGER MARIO I OFARRILL ACORD 25(2001/08) ©ACORD CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) TM. 10/09/2008 • PRODUCER Phone: (305)825.8500 Fax. (305)825-8581 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SHARP INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6175 N W 153RD STREET,SUITE 304 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR MIAMI LAKES FL 33014 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Guarantee Insurance Company S.T.E.P.S.IN THE RIGHT DIRECTIONS,INC INSURER B: 1651 WEST 37 STREET INSURER C: UNIT 406 HIALEAH FL 33012 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR WSRG DATE(MM/DDIYY) DATE IMM/DDIYY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES DAMAGE T RENTED s NTEDnce) $ CLAIMS MADE I I OCCUR tvMED.EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEM_AGGREGATE LIMIT APPUES PER: PRODUCTS-COMP/OP AGG. $ POLICY�I PRO- II LOC JECT • I • AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ • ANY AUTO �„: n_1-V--- -_ OTHER THAN EA ACC $ • AUTO ONLY: • AGG $ EXCESS UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION$ $ WORKERS COMPENSATION AND GWRC010000027-108 D4/19/08 04/19/09 I TORYLwnTS OTHER EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1 00,000 • OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 100,000 Eyes,desenle under SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMIT $ 500,000 OTHER: • • DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS • CERTIFICATE HOLDER CANCELLATION 1 The Monroe County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 1100 Simonton Street EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE Key West,Fl.33040 TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, IT'S AGENTS OR REPRESENTATIVES. • AUTHORIZED REPRESENTATIVE �^ Attention: —I ACORD 25(2001/08) Certificate# 3122 • ©ACORD CORPORATION 1988 DTRT INS GRP INC PROGRESSIVE 2400 E COMMERCIAL 825 FT LAUDERDALE,FL 33308 954-772-8232 Policy number: 08126227-3 Underwritten by: Progressive Express Ins Company October 8,2008 Page 1 of 2 Certificate of Insurance Certificate Holder Insured Agent Additional Insured STEPS IN THE RIGHT DTRT INS GRP INC MONROE COUNTY BOARD OF COUNTY DIRECTION INC 2400 E COMMERCIAL 825 COMMISSONERS 1651 W 37TH ST#406 FT LAUDERDALE, FL 33308 1100 SIMONTON STREET HIALEAH, FL 33012 KEY WEST, FL 33040 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy Effective Date: Jun 17,2008 Policy Expiration Date: Jun 17,2009 Insurance coverage(s) Limits Bodily Injury/Property Damage $1,000,000 Combined Single Limit Uninsured Motorist $1,000,000 CSL Non-Stacked Personal Injury Protection $10,000 w/$0 Ded-Named Insd &Relative Employer's Non-Owned Auto BIPD $1,000,000 Combined Single Limit Hired Auto Bodily Injury/Property Damage $1,000,000 Combined Single Limit Description of LocationNehicles/Special Items Scheduled autos only 2005 FORD CUTAWAY E350 SU 1 FDWE35LX5HA19420 Stated Amount $50,000 Medical Payments $5,000 Comprehensive $500 Ded Collision $500 Ded l� itoLd p S.h+.: ...i 'FIf'4 Continued Policy number: 08126227-3 Page 2 of 2 Certificate number 28208BFE227 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. Form 5241(10/02)