1. 07/01/2017 to 06/30/2018Professional Services Agreement by and between
Monroe County, Florida, and Health Designs, Inc.
This Professional Services Agreement (the "Agreement ") is entered into this ►) day of
March, 2017, by and between Monroe County (the "County "), and Health Designs, Inc.
( "Health Designs "), a Florida corporation.
WITNESSETH
WHEREAS, Monroe County is the Plan Administrator of its own self- insured health
insurance plan; and
WHEREAS, Monroe County desires to engage the services of a consultant with expertise in
health benefits, to serve as a Wellness Champion, who shall serve as an extension of
Monroe County Benefits staff and be an advocate to explain features of the Monroe County
Wellness program, provide wellness topic presentations, and provide health and benefit
education to employees who are members of the Health Plan; and
WHEREAS, Health Designs is familiar with the Monroe County health plan, having provided
personnel to man various stations at the Monroe County health & wellness fairs; and
WHEREAS, Health Designs has stated that it has the expertise to perform the services
required by Monroe County and wishes to engage in the program; and
WHEREAS, the parties desire to enter into an agreement for the services required.
NOW, THEREFORE, the parties hereto agree as follows:
TERMS
�. Recitals. The recitals and all statements contained herein are hereby incorporated
into and made a part of this Agreement.
2. Services to be Performed by Health Designs. Health Designs shall, in conjunction
with the general direction of the office of the County Administrator, the Employee
Services department and the Benefits office in particular, provide the professional
services described in the Scope of Services attached hereto as Exhibit A.
Between the Effective Date of this Agreement and June 30, 2017, Health Designs
shall recruit and train the individual who shall be the dedicated health promotion
manager ( "Onsite Wellness Champion ") to provide the services required under this
Agreement. During this time period, in addition to any training provided by Health
Designs, the Onsite Wellness Champion shall make at least one (1) site visit to
Monroe County, for a minimum of twenty -four hours, during which time that individual
shall receive training from the Monroe County Benefits staff about the features of the
Monroe County health plan in general and the Wellness program in particular.
Thereafter, beginning on April 1, 2017 and continuing thereafter, Health Designs shall
provide the services shown on Exhibit A. At all times, the Onsite Wellness Champion
referenced in the prior paragraph shall serve as the primary point of contact between
Monroe County and Health Designs.
Upon approval of this Agreement by both parties, Health Designs shall promptly begin
and diligently provide the professional services described in Section 2 of this
Agreement. Time is of the essence.
3. Term of the Agreement. This Agreement shall become effective upon the later of
signature by Health Designs and approval by the Monroe County Board of County
Commissioners, but no earlier than April 1, 2017 ( "Effective Date "). This agreement
shall remain in effect until June 30, 2018.
4. Schedule of Fees. For services to be provided hereunder by Health Designs during
the time period beginning on the Effective Date and continuing until June 30, 2017,
Monroe County shall pay six hundred ninety -five dollars ($695.00) for the recruitment
and training of the Onsite Wellness Champion. Thereafter, beginning on July 1, 2017
and continuing until June 30, 2018, Monroe County shall pay nine thousand nine
hundred ninety -nine dollars ($9,999.00) per quarter for the services described on
Exhibit A.
This lump sum fee is inclusive of all actual costs incurred, including by way of
example and not limitation, photocopies, long distance telephone charges, overnight
delivery services, and travel expenses.
All fees shall be paid in accordance with the Florida Local Government Prompt
Payment Act, Sections 218.70 et seq., Fla. Stat.
5. Responsibilities of the County.
a. Essential Planning Requirements:
The County shall provide accurate total population, in writing, to Health
Designs, no later than thirty (30) calendar days prior to any event shown on
Exhibit A and shall provide updated participation count no later than ten
(10) business days prior to any event shown on Exhibit A ( "Client's
Estimate ").
Changes by Monroe County to the times, reporting period, staffing or
services will be accommodated at the discretion of Health Designs and may
result in an additional fee. Failure to satisfy the Essential Planning
Requirements may result in additional fees, which are typically four
hundred ninety -five dollars ($495.00) each.
b. To get the best results, the County shall:
Promote and communicate effectively details about the Wellness Program
and any incentives to employees;
Communicate with Health Designs about incentives and any programs
available to Plan participants, to permit on -site coaches to support the effort
of the County; and
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iii. For on -site services, provide collateral material to support promotion
effects, and appropriate space for on -site events to occur.
6. Termination. The County reserves the right to terminate this Agreement at any time,
by written notice. In the event of such termination Health Designs shall be entitled to a
pro rata amount of fees owed based on the percentage of the quarter for which work
was performed, through the date when Health Designs is notified of termination.
7. Conflict of Interest. Health Designs covenants that no person under their employ
who presently exercises any functions or responsibilities in connection with this
Agreement has any personal financial interest, direct or indirect, with the County.
Health Designs covenants that, in the performance of this Agreement, no person
having such conflicting interests shall be employed. Any such interests on the part of
Health Designs or its employees, subcontractors or employees of its subcontractors
must be disclosed in writing to the County. Also, Health Designs is aware of the
conflict of interest laws of the State of Florida within the Florida Code of Ethics,
Section 112.313, Fla. Stat., and agrees that it shall fully comply in all respects with the
terms of said laws. Health Designs further warrants that it has not employed, retained
or otherwise had act on its behalf, any current or former County officer or employee, in
violation of Section 2 or 3 of Monroe County Ordinance No. 10 -1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement
without liability and may also, in its discretion, deduct from the Agreement the full
amount of any fee, commission, percentage, gift or consideration paid to the current or
former County officer or employee.
s. Award of Agreement. Health Designs warrants that it has neither employed nor
retained any company or person to solicit or secure this Agreement. that it has not
paid or agreed to pay any company or person any fee, commission, percentage,
brokerage fee, or gifts or any other consideration contingent upon or resulting from the
award or making of this Agreement.
Health Designs also warrants that to the best of its knowledge and belief no office
holder or employee of the County is interested directly or indirectly in the profits or
emoluments of this Agreement.
9. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and Health Designs and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be
amended only by written instrument executed by the County and Health Designs. The
parties hereto agree that this Agreement shall be construed and enforced according to
the laws, statutes and case law of the State of Florida.
10. Successors. This Agreement shall be binding upon the parties hereto and their
respective heirs, executors, legal representatives, and successors.
11. Insurance. Health Designs shall maintain during the terms of this Agreement
professional liability insurance in a minimum amount of $500,000; general liability
insurance in a minimum amount of $300,000; and vehicle liability in a minimum
amount of $100,000 covering all liability arising out of the terms of this Agreement.
Health Designs shall provide original insurance certificates listing the Monroe County
3
Board of County Commissioners as certificate holder and additional insured within ten
(10) days following approval of this agreement by the Monroe County Board of County
Commissioners.
12. Nondiscrimination In Employment. Health Designs shall not discriminate against
any employee or applicant for employment because of race, color, religion, sex,
sexual orientation, age, pregnancy status, disability, national origin, or marital status.
Health Designs shall take affirmative action to ensure that applicants are employed,
without regard to their race, color, religion, sex, sexual orientation, age, pregnancy
status, disability, national origin, or marital status. Such action shall include, but not be
limited to the following: employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. Health Designs
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by its personnel officer setting forth the provisions
of this equal opportunity clause.
13. Independent Contractor Relationship. It is the intent of the parties that Health
Designs shall be an independent contractor with respect to the County. As an
independent contractor, Health Designs retains the sole and absolute discretion and
judgment in the manner and means of carrying out the Services under this
Agreement. The Client has no right to control the means by which Health Designs
performs such Services.
Similarly, the person selected to serve as the Onsite Wellness Champion shall be an
employee of Health Designs, and shall be neither an employee nor an independent
contractor as to Monroe County.
14. Non- Delegablllty. It is understood and agreed that the obligations undertaken by
Health Designs pursuant to this Agreement shall not be delegated or assigned to any
other person or firm without the County's prior written consent, which may be withheld
at County's sole discretion.
1s. Non - Solicitation. Neither of the parties or any of their affiliates shall solicit or employ
any person who is employed by or serves as an independent contractor with the other
party, during the term of this Agreement and for one (1) after the termination of this
Agreement, without the prior written consent of the other party.
16. Notices. All notices or other communications which shall or may be given pursuant to
this Agreement shall be in writing and shall be delivered by personal service, or by
registered mail addressed to the other party at the address indicated herein or as the
same may be changed from time to time. Such notice shall be deemed given on the
day on which personally served; or, if by mail, on the fifth day after being posted
(return receipt requested) or the date of actual receipt, whichever is earlier.
4
MONROE COUNTY:
Roman Gastesi
County Administrator
Monroe County
1100 Simonton St.,
Key West, FL 33040
(305) 292 -4525
(305) 295 -4321 /fax
With a copy to:
Monroe County Attorney's Office
1111 12 St. Ste. 408
Key West, FL 33040
Tel: (305) 292 -3470
HEALTH DESIGNS, INC.:
35 Executive Way, Suite 110
Ponte Vedra Beach, Florida 32082
(904) 285 -2019
/fax
17. Amendments. No amendments to this Agreement shall be binding on either party
unless in writing and signed by both parties.
18. Miscellaneous Provisions.
A. Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
B. In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any other documents, the terms in this Agreement shall
rule.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no
waiver shall be effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable under the laws of the State of Florida or
Monroe County, such provision, paragraph, sentence, word or phrase shall be
deemed modified to the extent necessary in order to conform with such laws, or
if not modifiable to conform with such laws, then same shall be deemed
severable, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect.
E. A person or affiliate who has been placed on the convicted vendor list following
a conviction for public entity crime may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity, may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real
5
property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
F. Each of the signatories to this Agreement represents and warrants that he or
she has the requisite corporate authority to execute this Agreement and bind his
or her respective entity to the terms and conditions of the Agreement.
19. Public Records — Access and Audits.
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all
public records laws of the State of Florida, including but not limited to:
a. Keep and maintain public records required by Monroe County in order to
perform the service.
b. Upon request from the public agency's custodian of public records, provide
the public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all
public records in possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers all public
records to the public agency upon completion of the contract, the contractor shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the contractor keeps and maintains public records
upon completion of the contract, the contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to Monroe
County, upon request from the public agency's custodian of records, in a format that is
compatible with the information technology systems of Monroe County.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,
BRIAN BRADLEY, AT (305) 292 -3470, brad ley-bria n monroecounty- fl.gov
c/o Monroe County Attorney's Office, 1111 12 St., Suite 408, Key West FL
33040.
IN WITNESS WHEREOF, the parties hereto have, through their proper and duly authorized
officials, executed this Agreement, as of the day and year first above set forth.
cd
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By: 'e" �4
Mayor George Neugent
HEALTH DESIGNS, INC.
By:
Printed Name: ` 00XYI'
Title: ° UJ'af Sc LD V /cut 1Qfv 6 " ►, I/i�o�
MONROE GuuNi Y ATTORNEY
?__ q OV D AS O F RM:
CC: G f71 J C TT A-11-f
LL YNTHIA L. HALL
w tee' ASSISTANT COU�rT( � ATTORNEY
D ate -._.__a = l }" 0
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Deputy Clerk
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OP Id: AS
'`'`. " CERTIFICATE OF LIABILITY INSURANCE D 02 / 1 612 0 17 ATE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: H the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. H SUBROGATION IS WAIVED, sub)90 to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to
certificate holder in lieu of such endorsemen s .
PRODUCER CONTACT
Pinkham Agency Inc NAME:
Suite 100 PHONE TFAX
40 Commerce Place EMAIL IC No
Hicksville, NY 11801 AD RESS:
_QJISTOMER ID 0 • HEALT -7
INSURER(S) AFFORDING COVERAGE NAIC S
INSURED Health Designs Inc. INSURER A:Continental Casual COm n
35 Executive Way, Suite 110
Ponte Vedra Beach, FL 32082 INSURER B:
INSURER C :
INSURER D:
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIbD
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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSN TYPE OF INSURANCE
POLICY NUMBER LIMITS
GENERAL LIABILITY Imm
EACH OCCURRENCE $ 1,00 D,
A X COMMERCIAL GENERAL LIABILITY 6016653760 04/12/2016 04/12/2017 DA MAGE TO MI a oceur a s 3 ,0
CWMS MADE XI OCCUR MED EXP one person) $ 1 D,0
PERSONAL 6 ADV INJURY S 1,00 D,
GENERAL AGGREGATE S 2, ,00
GEWL AGGREGATE LIMIT APPLIES PER.'
PRO PRODUCTS - COMP /OP AG S 2,00 D,0
X POLICY LOC S
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
ANY AUTO (Ea accident) $ 1,06(1,0
ALL OWNED AUTOS BODILY INJURY (Per person) S
SCHEDULED AUTOS BODILY INJURY (Per accident) S
A X HIRED AUTOS 6016653760 04/12 /2016 04112/2017 (PER PRO GE $
A X NON -OWNED AUTOS
S
X UMBRELLA LIAR OCCUR S
EACH OCCURRENCE $ 2,00 ,00
EXCESS LAO H CMS-MADE W
A HMC4032331610-0 10130/2016 10/30/2017 AGGREGATE $ 2,00 ON
DEDUCTIBLE
RETENTION
S
WORKERS COMPENSATION $
AND EMPLOYERS Lu=UTY WC STATU- OTH-
ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N
OFFICERIMEMBER EXCLUDED? � NIA E.L. EACH ACCIDENT $
(Mandatory In NH)
K Yes, describe under E.L. DISEASE - EA EMPLOYEE S
DESCRIPTION OF OPERATIONS below
A Professional Liab HMA4032331607-0 10/30/2016 1013012017 Incident POLICY LIMIT s
claims made 1 �
9re
DESCRIPTION OF OPERATIONS / LOCATIONS VEHICLES (Attach ACORD 101, Addltlonst Remarks Schedule. If rsgW )
3,00 ,00
Evidence of Insurance P V e EMEr1T
BY
E
WAIVER N $
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFO E
Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
1100 Simonton at ACCORDANCE WITH THE POLICY PROVISIONS.
Key West, FL 33040
AUTHORIZED REPRESENTATIVE
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