FY1994 10/20/1993
Jaann!, 1... J10lbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
M~MQBAHQ!!lI
FROM:
Division of Management Services
c/o County Administrator ~.
Isabel C. DeSantis, Deputy Clerk~.~.
November 29, 1993
TO:
DATE:
On October 20, 1993, the Board authorized execution of a Funding
Agreement between Monroe County and the Care Center for Mental
Health of the Lower Keys, Inc., to provide assistance to the
citizens of Monroe County, in the amount of $164,629.00.
Enclosed is a duplicate original of the subject Agreement
executed and sealed by all parties which should be returned to
the provider.
cc: County Attorney
Finance
File
A G R E E MEN T
THIS AGREEMENT, made this ~ day of OL.fvI.)(~)y, 1993,
between the Board of County Commissioners of Monroe County,
Florida, ("Board") and the Care Center for Mental Health of the
Lower Keys, Inc., ("Center");
WHEREAS, the Board a.nd the Center desire to enter into an
agreement wherein the Board contracts for services from the
Center ror the rendering of mental health services to the
citizens of the Lower Keys, Monroe County, Florida; and
WHEREAS, the Board is vested and charged with certain duties
and responsibilities relating to the mental health and guidance
of the citizens of Monroe County; and
WHEREAS, such services have been rendered by the Center in
the past and have been invaluable to the citizens of the Lower
Keys, Monroe County, Florida; and
WHEREAS, it is proper and fitting to enter into an agreement
for services to be rendered in the forthcoming fiscal y~ar
-7
1993-94; now, therefore, w
z
IN CONSIDERATION of the promises made each to Jh:e: oth.fzr, t1\e
c::::
Board and the Center agree as follows: _ N
1 . M'10UNT OF AGREEMENT. The Board, in cotfs-idera tion of
the Center substantially and satisfactorily p-erformi~ and
carrying out the duties and obligations of the: Boardgas to
rendering counsel to the citizens of the Lower Keys, Monroe
County, Florida, in matters of mental health and guidance, drug
rehabilitation and providing transportation to treatment
facilities as required by Florida Statute 394.461 for MOllroe
County patients, agrees to:
A. Pay to the Center the sum of One Hundred Sixty Four
Thousand Six Hundred Twenty-Nine Dollars ($164,629) for rendering
counseling services.
B. Pay an additional sum not to exceed Sixty Thousand
Dollars ($60,000) for the providing of transportation of patients
in Monroe County to treatment facilities (Baker Act
Transportation), and
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2. ~. This Agreement shall commence October 1, 1993,
and terminate September 30, 1994, unless earlier terminated
pursuant to other provisions herein.
3. PAYMENT. Payment will be paid monthly as hereinafter
set forth. Certified monthly financial and service load reports
will be made available to the Board to validate the delivery of
services under this contract. The monthly financial report is
due in the office of the Clerk of the Board no later than the
15th day of the following month. After the Clerk of the Board
pre-audits the certified report, the Board will reimburse the
Center for its monthly expenses. However, the total of said
monthly payments in the aggregate sum shall not exceed the total
amount of $164,629 for counseling, and $60,000 for baker act
transportation cost during the term of this contract. To
preserve client confidentiality required by law, copies of
individual client bills and records shall not be available to
Board for reimbursement purposes but shall be made available only
under controlled conditions to qualified auditors for audit
purposes.
4. SCOPE OF SERVICES. The Center, for the consideration
named, covenants and agrees with the Board to substantially and
satisfactorily perform and carry out the duties of the Board in
rendering counsel in the matters of mental health and guidance to
the ci tizens of the Lower Keys, Monroe County, Florida, and
transporting patients in Monroe County to treatment facilities in
accordance with Florida Statute 394.459. The Center shall
provide these services in compliance with Florida Statutes
Chapter 394.
5. RECORDS. The Center shall maintain appropriate records
to insure a proper accounting of all funds and expenditures, and
shall provide a clear financial audit trail to allow for full
accountabil i ty of funds received from said Board. Acces s to
these records shall be provided during weekdays, 8 a.m. to 5
p.m., upon request of the Board, the State of Florida, or
authorized agents and representatives of the Board or State.
2
The Center shall be responsible for repayment of any and all
audit exceptions which are identified by the Auditor General of
the State of Florida, the Clerk of Court for Monroe County, an
independent auditor, or their agents and representatives. In the
event of an audit exception, the current fiscal year contract
amount or subsequent fiscal year contract amounts shall be offset
by the amount of the audit exception. In the event this
agreement is not renewed or continued in subsequent years through
new or amended contracts, the Center shall be billed by the Board
for the amount of the audit exception and the Center shall
promptly repay any audit exception.
6. INDEMNIFICATION AND HOLD HARMLESS. The Center
covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily
lnJury (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 rendered under
this agreement by the Center or any of its agents, employees,
officers, subcontractors, in any tier, occasioned by the
negligence or other wrongful act or omission of the Center or its
subcontractors in any tier, their employees or agents. In the
event the completion of services is delayed or suspended as a
result of Center's failure to purchase or maintain required
insurance, the Center shall indemnify the Board from any and all
increased expenses resul ting from such delay. The first Ten
Dollars ($10.00) of remuneration paid to the Center is for the
indemnification provided above. The extent of liability is in no
way limited to, reduced, or lessened by the insurance require-
ments contaitled elsewhere within this agreement.
7. INDEPENDENT CONTRACTOR. At all times and for all
purposes hereunder, the Center is an independent contractor and
not an employee of the Board. No statement contained in this
agreement shall be construed so as to find the Center or any of
its employees, contractors, servants or agents to be employees of
the Board.
3
8. COMPLIANCE WITH LAW. In providing all services
pursuant to this agreement, the Center 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 or 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 Center.
9. PROFESSIONAL RESPONSIBILITY AND LICENSING. The Center
shall assure that all professionals have current and appropriate
professional licenses and professional liability insurance
coverage. Funding by the Board is contingent upon reterltion of
appropriate local, state and/or federal certification and/or
licensure of the Center's program and staff.
10. INSURANCE. The Center shall obtain, prior to the
commencement of work governed by this agreement, at Center's own
expense, that insurance specified in the insurance schedules
attached hereto and incorporated herein by reference. The Center
will also insure that all subcontractors, in any tier, have
obtained the insurance as specified in the attached schedules.
The Center will not be reimbursed for any work commenced prior to
coverage with required insurance. The Center will not be
reimbursed for any services governed by this contract until
satisfactory evidence of the required insurance has been
furnished to the Board via either Monroe County's certificate of
insurance or a certified copy of the actual insurance policy.
Delays in the commencement of work, resulting from the failure of
Center to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this
agreement. The Center shall maintain the required insurance
throughout the entire term of this agreement. Failure to comply
with this provision may result in the immediate termination of
reimbursement.
The Board, at its sole option, has the right to request a
certified copy of any or all insurance policies required by this
4
agreement. If a certificate of insurance is provided, the
County-prepared form must be used. "Accord Forms" are not
acceptable.
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 Board by the insurer. The standard
language of "endeavor to provide notification" is insufficient.
The acceptance and/ or approval of the Center's insurance shall
not be construed as relieving the Center from any liability or
obligation assumed under this agreement or imposed by law.
~lonroe County, Monroe County Board of County Commissioners,
its employees and officials shall be included as "additional
insureds" on all policies, except for worker's compensation.
Any deviations from these general insurance requirements
must be requested in writing on the County-prepared form entitled
"Request for Waiver or Modification of Insurance Requirements"
and approved by Monroe County's Risk Manager.
11. MODIFICATIONS AND JU.tlENDMENTS. Any and all modifica-
tions of the services and/or reimbursement of services shall be
amended by an agreement amendment, which must be approved in
writing by the Board.
12. NO ASSIGNMENT. The Center shall not assign this
agreement except in writing and with the prior written approval
of the Board, which approval shall be subject to such conditions
and provisions as the Board may deem necessary. This agreement
shall be incorporated by reference into any assignment and any
assignee shall comply with all of the provisions herein. Unless
expressly provided for therein, such approval shall in no manner
or event be deemed to impose any obligation upon the Board in
addition to the total agreed upon reimbursement amount for the
services of the Center.
13. NON-DISCRIMINATION. The Center shall not discriminate
against any person on the basis of race, creed, color, national
origin, sex or sexual orientation, age, physical handicap, or any
other characteristic or aspect which is not job-related in its
5
recruiting, hiring, promoting, terminating or any other area
affecting employment under this agreement. At all times, the
Center shall comply with all applicable laws and regulations with
regard to employing the most qualified person(s) for positiorls
under this agreement. The Center shall not discriminate against
any person on the basis of race, creed, color, national origin,
sex or sexual orientation, age, physical handicap, financial
status or any other characteristic or aspect in its providing of
services.
14. AUTHORIZED SIGNATORY.
Ttle signatory for the Center,
below, certifies and warrants that:
(a) The Center's name in this agreement is the full name as
designated in its corporate charter, if a corporation, or the
full name under which the Center is authorized to do business in
the State of Florida;
(b) He or she is empowered to act and contract for the
Center; and
(c) This agreement has been approved by the Board of
Directors of the Center, if the Center is a corporation.
15. NOTICE. Any notice required or permitted under this
agreement shall be in writing and hand-delivered or mailed,
postage pre-paid, by certified mail, return receipt requested, to
the other party as follows:
For Board:
Monroe County Attorney
310 Fleming St., Rm. 29
Key West, Florida 33040
Marshall Wolfe, Ed.D.
Executive Director
Care Center for Mental
Health of the Lower Keys, Inc.
1205 Fourth Street
Key West, Florida 33040
16. CONSENT TO JURISDICTION. This agreement shall be
construed by and governed under the laws of the State of Florida
and venue for any action arising under this agreement shall be in
Monroe County, Florida.
17 . NON-WAIVER. Any waiver of any breach of covenants
herein contained to be kept and performed by the Center shall not
For Center:
6
be deemed or considered as a continuing waiver and shall not
operate to bar or prevent the Board from declaring a forfeiture
for any succeeding breach, either of the same conditions or
covenants or otherwise.
18. AVAILABILITY OF FUNDS. If funds cannot be obtained or
cannot be continued at a level sufficient to allow for continued
reimbursement of expenditures for services specified herein, this
agreement may be terminated immediately at the option of the
Board by written notice of termination delivered to the Center.
The Board shall not be obligated to pay for any services or goods
provided by the Center after the Center has received written
notice of termination, unless otherwise required by law.
19. PURfJ:lASE .-OF PROPERTY. All property, whether real or
personal, purchased with funds provided under this agreement,
shall become the property of Monroe County and shall be accounted
for pursuant to statutory requirements.
20. ENTIRE AGREEMENT. This agreement constitutes the
entire agreement of the parties hereto with respect to the
subject matter hereof and supersedes any and all prior agreements
with respect to such subject matter between the Center and the
Board.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed as of the day and year first written
above.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY~~ c,. ~~~
eputy Cle
By
COUNTY COMMISSIONERS
COUNTY, FLORIDA
Signed, Sealed and Delivered
In Our Presence:
~ffiNTAL HEALTH CARE CENTER
OF THE LOWER KEYS, INC.
By ~J~
~ Dir
B~ ~i ~:t ~"
,..,...., ~ '-' /.... -.~ l' ~ ~-
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7
;\pril 22. 199.1
1st ('rinting
WORKEI~S' COMI)ICNSA TION
JNSUI{ANCE ItEQIJ I I~EM I~Nrrs
110I{
CON1~I{AC1'
IJE1'~WI~EN
MONJ{OI~ COUNll', FtAOJ{II>A
AND
CARE CENTER FOR MENTAL
HEALTH OF THE LOvlliR KEYS, INC:
Prior to the conunencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sunicient to respond to the applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$1,000,000 Bodily Injury by Accident
$/ ,000,000 Bodily Injury by Disease, policy limits
$ 1,000,000 Bodily Irtiury 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 AM. Best Company.
Ifthe Contractor has been approved by the Florida's Department of Labor, as an authorized sclf-
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 I nsurance, providing details on the Contractor's Excess Insurance Program.
I f the Contractor participates in a sclf- insu ranee fimd, 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.
^dnlinistrativc )n~1ru<.1ion
we3
1I~1709 .1
83
^pril 22. 1<)9]
I sl Printing
GI~NEI{^L 1..IAllll.,ll'Y
INSlJJ{^NCI~: REQUIJ{EM ICNrrS
F() I{
C()N'J'){ACrr
II l~rJ.\V I~ICN
MONI{OI~ (=OUN~I.Y, FI...()I{II)A
ANJ)
CARE CENTER FOR MENTAL HEALTH OF THE LOWER KEYS, INC.
Prior to the commcnccment of work governcd by this contract, the Contractor shall obtain
- General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
includc, as a 111inirnum:
· Prerniscs Operations
· Products and Cornpletcd ()pcrati()ns
· 13lankct Contractual Liability
· IJcrsonal I njury Liability .
· Expanded Definition of Property I)anlage
The minimum lilnits acceptable shaH be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 p.cr Person
$ ] ,000,000 per Occurrence
$ J 00,000 I>roperty DaJnagc
An Occurrence Fonn policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims Iiled on or allcr the clfective date of this contract.
In addition, the period for which claims may be reported should extend lor 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 rcquirclncnls.
^dlnini5frdlivc Jn~1.nldion
GIJ3
1/4709.1
5(;
^ pri I 22. I 99.1
1st Printing
V~:IIICI.Jl~ L,IA IJ 11.,ll'V
INS lJ I{A NeE ItEQ U II{ l~1\t1 ~N~rs
FOI~
C()N~rR^C~r
Ilr~~f\VEEN
I\tl0NI~()I~ COIJN1~Y, j;IJOI{II)A
AND
CARE CENTER FOR MENTAL
HEALTH OF THE LOWER KEYS, INC:
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
Plior 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:
· O\vncd, Non-Owned, and Ilired Vehicles
Thc rninilTIUm linlits acceptable shall be:
$1,000,000 COlnbincd Single Lirnit (CSt,)
I f split limits are provided, the minirnu'll lirnits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Da.nagc
.
The Monroe County Board OfCOUIlly COJTIrnissioners shall be named as Additional Insured on all
policies issued to satisfy the above rcquircnlcnls.
Ad.ninistr-dlivc In.\1Iudion
VL3
1/4709.1
77
-..
I\pril 22. 19':).1
1~II'rintint~
M I~I)ICA l~ PI{OI~'I~SS I()NA l~ LJA 111IJrrV
1 NSlJ It.ANCE l{fi~Q U II{El\-1ICN~rS
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ANI)
CARE CENTER FOR MENTAL
HEALTH OF THE LOWER KEYS, INC.
- Itecognizing that the work governed by this contract involves the providing ()f professional
rncdical trcatlllcnt, the Contractor shall purchase and nUlintain, throughout the life ()f' the contract..
I)rofessional Liability Insurance \vhich \vill respond lo the rendering o~ or failure to render
Inedical professional services under this conlract.
'I'he rninimulll Iinlils of liability shall be:
$1,000,000 per ()ccurrence/$3,OOO,OOO Aggregate
If coverage is provided on a clainls made basis, an extended clairns reporting period offour (4)
years wi II be requ ired.
^dnlinistrativc ]11.\1n1<..1;on
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PAOOUCe:R
.... DATe (MM/OO/VY)
. A4~~~ItIt. CERTIFICATE OF
BROWN & BROWN INC.
P .0. BOX 24 1 2
DAYTONA BEACH, FL 32115-2412
CONFERS NO RIGHTS UPON THE CERTIFICA TE HOLDER. THIS CERTIFICA TE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BV THE
POLICIES BELOW.
COt.PANIES AFFORDING COVERAGE
904-252-9601
E~~~NY . A
COMPANY B
LE HER
COMPANY C
lETTER
COMPANY 0
lETTER
Westchester Fire Insurance Co
IN
Frontier Insurance Com an
Mental Health Clre Center of
1205 Fourth Street
Key Wes t
Government Risk
Ohio Casullt
F L 33040 COMPANY eceived
lETTER E Risk Mgmt. & Loss Con
ExCLUSIONS AND CONDITIONS OF SUCH POLICIES LMITS SHQWNMAY HAVE BEEN ~EDUCEO BY PAID CLAMS
GENERAL LIAStllTV
B i ~ CCJM;1ERCIAL GENERAL llABllITV
~i X I CLAIMS MADE n OCCUR
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t I OWNER'S & CONTRACTOR'S PROT
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12/19/92
L '''''TS
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TYPE Of INSUA ANC!
POL IC Y NU MBER
I' POLICY !fI'fI'!CTrvE POllCY!XPtAAT
DATE (MM/DD/VV) OAT! (MM/DD/YV)
1336139847
12/19/93
GENERAL AGGREGATE $
PROOUCTS-C~P/OP AGG S
I PERSONAL &A rJ.J 'NjURY I S
EACH OCCURRENCE $
I FIRE DAMAGE (Anyone lire) $
I MEO EXPENSE (An one person S
i ClJv1BINEO SINGLE
LIMIT
1000000
GLSC00432001
12/19/93
1000000
1000000
50000
5000
AUTOMOBLE LIA8LITY
A I I ANY AU T 0
I I ALL OWNED AUTOS
~-1
I X I SCHEDULED AUTOS
-xl HIRED AUTOS
:-xl NON-OWNED AU T OS
~
~ GARAGE L1ABllI TY
12/19/92
1000000
I BOOll Y INJURY
I (Per per son)
~
ISODllY INJURY
~"'denll
I PROPE R TY DAMAGE
I $
I
Is
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IS
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WORKER'S COhPENSATIOH
AND
fXCESS LIAIILIT V
--ILMBRHLA FGFM
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. i OTHER THAN lIv1BREllA FORM
415410000
7/01/93
I
,
S TAT U T DRY LIMIT S
110 1/94 EACH ACCIDENT
I 01 SEASE-POLICY LIMIT
1000000
1000000
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i 2776252
12/19/92
12/19/92
12/'9/93
12/'9/93
1,000.000/1,000,000
25,000
OESCAPTfON Of OP!AATIOHSILOCATIOH$JVEHtcL!SISPECIAlIT!h4S
, 0 day not ice 0 f can c e I I I t ion w i I I beg i v e n for n 0 'n - PlY men t 0 f pre m i u m .
The certificate holder is an Additional Insured IS respects the General
Liabi I it and Commercial Auto Liabil it olicies.
Monroe County BOlrd of County
Commissioners. KIY Banleda
Wing II, Room 207 P.S.B.
5100 College ROld
Key West~ FL 33040
A.CO RD2s.-S (' ItG)
SHOULD ANY OF T HE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
E,XPIRA TION DA TE THEREOF. THE ISSUING COMPANY WILL ENDEAVO~ TD
MAIL 45 DAYSWRITTENNOTICE TO THECERTIFICA TE HOLDERNAMEDTO THE
LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL MPOSE NO OBLlGA TION OR
lIABll T y OF ANY KIND UPON THE COMPANY .IT S AGENTS OR REPRESENT A TIVES
,,,",
AUTHORiZED At:PRE~ATrV! ,
to J ,.~. /. -
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