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2. 06/30/2018 to 06/30/2019 4 ATTACHMENT D.6 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: Health Designs, Inc. 10.4 Contract# Effective Date: June 30, 2018 Expiration Date: June 30, 2019 Contract Purpose/Description: Quarterly Site Visits with Wellness Champion to provide the following services: 1) 30 Minute Wellness Topic Discussion with handout and information. Re: Online wellness topics for viewing. 2) Recap of MCBOCC Passport to Wellness Program Guideline/Incentive/Countdowns 3) MCBOCC Health Plan Education Item (item provided by Benefits Department). Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Bryan Cook x4458 Employee Services/Stop#1 (Name) (Ext.) (Department/Stop#) CONTRACT COSTS ' Total Dollar Value of Contract: $ Current Year Portion: $ (must be less than$;n.non) (I f multiyear agreement then $46,995.00 requires Bocc approval,unless ill, $23,497.50 ., !cumulati,,,a i unt i:,ie:,.<th.,; Budgeted? Yes ✓ No) Account Codes: 502-08005-530490 Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance, utilities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out ate In Needed Re ie er ���6/fçDepartment Head 72W/Y Yes❑ No� Risk Management -rt3O1 Yes❑NoKr- 1 ) ` 7a-f Y O.M.B./Purchasing ig..1/A Yes No I4/ eitb0 l rl-0- 'ilJ -7/.2 7//� County Attorney /1/' " Yes❑ Nop C' IA.tir--G7 .gel/ - 9'oZ6e Comments: Page 70 of 73 Professional Services Agreement by and between Monroe County, Florida, and Health Designs, Inc. This Professional Services Agreement (the "Agreement ") is entered into this day of June 2018, 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 1. 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. 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. The services provided by Health Design shall include up to 120 hours per quarter for visits shown on Exhibit A. In addition, the services provided by Health Design shall also include the following: 1 a. Attendance at the three health fairs offered by Monroe County (Upper Keys, Middle Keys, Lower Keys); and b. Up to six (6) hours per month communication (in person, via telephone or e- mail) between the Wellness Champion and plan participants who attend any of the meetings shown on Exhibit A, to follow up on issues raised by or with the participants at the meetings. Deliverables: On at least a quarterly basis, Health Designs shall deliver to Monroe County a report in a format approved by Monroe County, showing a summary of services provided during the time period. 3. Term of the Agreement. This Agreement shall become effective upon the later of signature by Health Designs and execution by Monroe County ( "Effective Date "). This agreement shall remain in effect until June 30, 2019. 4. Schedule of Fees. For services to be provided hereunder by Health Designs during the time period as described on Exhibit A beginning on the Effective Date and continuing until June 30, 2019, Monroe County shall pay forty -six thousand nine hundred and ninety -five dollars and no cents ($46,995.00). The total amount shall include eleven thousand two hundred fifty dollars and no cents ($11,250.00) per quarter for the services and one thousand nine hundred ninety -five dollars and no cents ($1,995.00) for attendance at the Monroe County annual health fair. The quarterly fee also includes, specifically, six (6) hours per month of communication and follow -up between the Wellness Champion and Monroe County health plan participants in addition to the services shown on Schedule A. This 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: i. 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 "). ii. . 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: 2 i. Promote and communicate effectively details about the Wellness Program and any incentives to employees; ii. 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 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. 8. 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 3 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 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- Delegabllity. 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. 15. 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: HEALTH DESIGNS, INC.: Roman Gastesi 35 Executive Way, Suite 110 County Administrator Ponte Vedra Beach, Florida 32082 Monroe County (904) 285 -2019 1100 Simonton St., /fax Key West, FL 33040 (305) 292 -4525 (305) 295-4321/fax With a copy to: Monroe County Attorney's Office 1111 12th St. Ste. 408 Key West, FL 33040 Tel: (305) 292 -3470 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, bradley -brian ,monroecounty- fl.gov, c/o Monroe County Attorney's Office, 1111 12th St., Suite 408, Key West FL 33040. 6 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. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: e./ oman Gastesi County Administrator Witness #1 for Health Designs: HEALTH DESIGNS, INC. wi� 1/V \ l PA,104" By: (&g c5ee-b-Aa-y Printed Name: (- CAT bt, 1 Printed Name: n 56-th l�G Title: Title: �r�-u r c. L Witness #2 for Health Designs: By: - Printed Name:'Ev ;;,..\, Title: 0 • Y ATgtTORNEY moNB RO G p " TO ' O: Y TCpU ' - "P` 7 �f p,SSIST^ ,� - e Date Exhibit A Quarterly Site Visit Schedule All visits must be scheduled and approved by employer /department. (Scheduling to be completed by vendor) 1 Visit: Jan -Mar 1 Visit: Apr -Jun 1 Visit: Jul -Sept 1 Visit Oct -Dec Each visit must include: • 1) 30 Minute Wellness Topic Discussion with handout and information. Re: Online wellness topics for viewing 2) Recap of MCBOCC Passport to Wellness Program Guideline /Incentive /Countdowns 3) MCBOCC health Plan Education Item (item provided by benefits department) Lower Keys Employer Location Shifts Comment A,B,C Crew - 24 Hour Shifts -Will require 3 Fire Rescue Station 9 - 28 Emerald Drive Big Coppitt 24/7/365 visits. One session each vist. A,B,C Crew - 24 Hour Shifts -Will require 3 Fire Rescue Station 13 - 390 Key Deer Blvd Big Pine Key 24/7/365 visits. One session each vist. All BOCC Employees - 2 Sessions AM and 2 BOCC Harvey Gvt. Ctr. -1200 Truman Avenue Key West Daily 8 -5 Sessions PM Land Authority -1200 Truman Avenue Key West Daily 8:00 -5:00 Will join BOCC sessions. Veteran's Affairs -1200 Truman Avenue Key West Daily 8:00 - 5:00 Will join BOCC sessions. Tax Collector 3439 Roosevelt Blvd- few people Daily 8:00 -5:00 **See Note Tax Collector 1200 Truman Ave Key West Daily 8:00 -5:00 "See Note BOCC Gato Building, 1100 Simonton Street Daily 8 -5 Multiple sessions. Airport, fire house, sheriffs office. Multiple KW Airport /BOCC Airport sessions. Clerk of the Court 500 Whitehead Street Daily 8:30 -5:00 2 Sessions in one day. Entire day CourtAdmin /Pre - Trial: DJJ Building Stock Island -5503 Court Administration /PreTrial college Rd. Stock Island, FL Daily 8:30 -5:00 Court Administration Freeman Justice Center 302 Fleming Street Key West Daily 8:30 -5:00 A,B,C Crew - 24 Hour Shifts -Will require 3 Fire Rescue Station 8 - 5655 MacDonald Ave Stock Island 24/7/365 visits. One session each vist. A,B,C Crew - 24 Hour Shifts -Will require 3 Fire Rescue Station 7 - 3491 5 Roosevelt Blvd Key West - AIRPORT 24/7/365 visits. One session each vist. Suggested visit times are 5:30 am and 5:30 Key West Detention Ctr. - 5501 College Road Stock Island, pm during shift change. HQ offices during MCSO FL Daily 5:30am- 5:30pm regular office hours 8:00 -5:00 HQ offices during regular office hours 8:00 - MCSO HQ Building Key West - 5525 College Road Stock Island, FL Daily 8:OOam- 5:OOpm 5:00 Suggested visit times are 5:30 am and 5:30 Monre County Courthouse /KW Court Security -302 Fleming pm during shift change. HQ offices during MCSO Street Key West, FL Daily 5:30am- 5:30pm regular office hours 8:00 -5:00 KW Property Building - Jackson Square Marketplace - No MCSO presentation here. These 2 -3 will attend other offerings. Only 3 people - combine 17 People - Add stop or combine -make MCSO KW Airport - 3491 5. Roosevelt Blvd. Key West, FL airport stop May need two sessions. Entire day. Property Appraiser 500 Whitehead Street Daily 8:00 -5:00 Conference Room. Supervisor of Elections 530 Whitehead Street Key West Daily 8:00 -5:00 One Session. Entire day Suggested visit times are 5:30 am and 5:30 pm during shift change. HQ offices during MCSO Cudjoe Key Substation - 20950 OSH Daily 5:30am- 5:30pm regular office hours 8:00 -5:00 Tax Collector 201 Key Deer Blvd. Big Pine Key Daily 8:00 -5:00 * *See Note A,B,C Crew - 24 Hour Shifts -Will require 3 Fire Rescue Station 11- 20950 OSH Cudjoe Key 24/7/365 visits. One session each vist. A,B,C Crew - 24 Hour Shifts -Will require 3 Fire Rescue Station 10 - 17175 OSH Sugarloaf 24/7/365 visits. One session each vist. Middle Keys Employer Location Shifts Comment All BOCC Employees - 2 Sessions AM and 2 BOCC Marathon Gvt. Ctr - 2798 OSH Daily 8 -5 Sessions PM Clerk of the Court 3117 OSH Marathon Daily 8:30 -5:00 One Session MCSO Marathon Courthouse - 3117 OSH Only one person here - Combine A,B,C Crew - 24 Hour Shifts -Will require 3 Fire Rescue Traman Star - 10100 OSH (MM 50) Marathon 24/7/365 visits. One session each vist. Suggested visit times are 5:30 am and 5:30 pm during shift change. HQ offices during MCSO Marathon Detention Facility -3981 Ocean Terrace Daily 5:30am- 5:30pm regular office hours 8:00 -5:00 Suggested visit times are 5:30 am and 5:30 pm during shift change. HQ offices during MCSO Marathon Court Security -3117 OSH Daily 5:30am- 5:30pm regular office hours 8:00 -5:00 Suggested visit times are 5:30 am and 5:30 pm during shift change. HQ offices during MCSO Marathon Substation - 3103 OSH Daily 5:30am- 5:30pm regular office hours 8:00 -5:00 Property Appraiser 2798 O5H Marathon Daily 8:00 -5:00 One Session Supervisor of Elections 10015 OSH Marathon (100th Street Center) Daily 8:00 -5:00 One Session - NOON Tax Collector 3384 OSH Marathon Daily 8:00 -5:00 * *See Note Tax Collector 3101 OSH Marathon Daily 8:00 -5:00 •• See Note • A,B,C Crew - 24 Hour Shifts -Will require 3 Fire Rescue Station 18 - 68620 OSH Layton 24/7/365 visits. One session each vist. A,B,C Crew - 24 Hour Shifts -Will require 3 Fire Rescue Station 17 - 10 S. Conch Ave Conch Key 24/7/365 visits. One session each vist. Suggested visit times are 5:30 am and 5:30 • pm during shift change. HQ offices during MCSO Islamorada Substation - 86800 OSH Daily 5:30am- 5:30pm regular office hours 8:00 -5:00 Upper Keys Employer Location Shifts Comment A,B,C Crew - 24 Hour Shifts -Will require 3 Fire Rescue Station 22 -151 Marine Ave Tavernier - Potential Day 2 visit 24/7/365 visits. One session each vist. MCSO HIDTA (2 locations Miami) 11200 NW Street Sweetwater Daily 8:00 -5:00 1 Sessions each location MCSO HIDTA (2 locations Miami)3101 Commercial Pkwy Miramar Daily 8:00 -5:00 1 Sessions each location Suggested visit times are 5:30 am and 5:30 pm during shift change. HQ offices during MCSO Key Largo substation - 102050 OSH Daily 5:30am- 5:30pm regular office hours 8:00 -5:00 A,B,C Crew - 24 Hour Shifts -Will require 3 Fire Rescue Station 22 - 151 Marine Ave Tavernier 24/7/365 visits. One session each vist. Supervisor of Elections 102050 OSH Key Largo Daily 8:00 -5:00 One Session Ms. Henriquez only allowed us to present benefits and wellness presentation to two designated employees from Key West Office. She would not allow us to visit with any other locations. Make contact request visit, if denied, at least arrange to leave materials Tax Collector 101487 OSH Key Largo Daily 8:00 -5:00 at each location for plan participants. " All BOCC Employees - 2 Sessions AM and 2 BOCC Murray Nelson Ctr - 102050 OSH Key Largo Daily 8 -5 Sessions PM Clerk of the Court 500 High Point Road Plantation Key Daily 8:30 -5:00 1 Session this location Clerk of the Court 88800 OSH Plantation Key Daily 8:30 -5:00 1 Session this location Court Administration Plantation Key - 88820 OSH - Only 1 person Daily 8:30 -5:00 Suggested visit times are 5:30 am and 5:30 pm during shift change. HQ offices during MCSO Plantation Key Detention Facility -53 High Point Road Daily 5:30am- 5:30pm regular office hours 8:00 -5:00 Property Appraiser 102505 Plantation Key Daily 8:00 -5:00 May need two sessions Tax Collector 88800 OSH Plantation Key Daily 8:00 -5:00 "See Note Suggested visit times are 5:30 am and 5:30 pm during shift change. HQ offices during MCSO Plantation Key Court security - 88820 OSH Daily 5:30am- 5:30pm regular office hours 8:00 -5:00 Suggested visit times are 5:30 am and 5:30 pm during shift change. HQ offices during MCSO Plantation Key Substation -50 High Point Rd Daily 5:30am- 5:30pm regular office hours 8:00 -5:00 •