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1st Amendment & Consent 12/20/2006 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: January 26, 2007 TO: Suzanne A. Hutton County Attorney ATTN: FROM: Kathy Peters Executive Assistant Pamela G. Hancoc/lJlv Deputy Clerk (J At the December 20,2006, Board of County Commissioner's meeting the Board granted approval and authorized execution of an Amendment and Consent to Assignment of Agreement between Monroe County and Maximus, Inc. for Community Correctional Services to Providence Community Corrections, Inc. Enclosed is a copy of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: Finance File 305297.3516 MONROE COUNTY ATT 01.47:4R pm 12-05-2006 2/5 AMENDMENT AND CONSENT TO ASSIGNMENT OF AGREEMENT BETWEEN MONROE COUNTY AND MAXIMUS INC. FOR COMMUNITY CORRECTIONAL SERVICES TO PROVIDENCE COMMUNITY CORRECTIONS, INC. This .!;;onsent to Assignment and Amendment is made and entered into this~ay of December 2006, in which Monroe County ("COUNTY") consents to the assignment of the Community Correctional Services Agreement ("AGREEMENT") between COUNTY and Maximus Inc. ("MAXIM US") from MAXIMUS to Providence Community Corrections, Inc. ("PROVIDENCE"). WHEREAS, MAXIMUS and COUNTY have entered into an AGREEMENT on January 21,2004; and WHEREAS, said AGREEMENT.for is still in effect; and (\Q~~ChDj\)S ~I~SS. WHEREAS, MAXIMU::l\has been purchased by PROVIDENCE and MAXIMUS desires to assign its AGREEMENT with COUNTY to PROVIDENCE; and WHEREAS, PROVIDENCE desires to accept the assignment of the AGREEMENT from MAXIMUS; and WHEREAS, PROVIDENCE further agrees to amend the AGREEMENT as set forth below. NOW THEREFORE, in consideration of the mutual covenants contained herein the parties have agreed as follows: 1. CONSENT TO ASSIGNMENT 1. By a change of ownership effective '"'laD ,200{xrom MAXIMUS to PROVIDENCE, MAXIMUS has assigned to PRO IDENCE all MAXIMUS'S rights, title and interest in the original AGREEMENT with COUNTY dated January 21,2004. 2. All references in the AGREEMENT between MAXIM US and COUNTY shall pertain to, and are binding upon PROVIDENCE and COUNTY. 3. In consideration for such consent, the PROVIDENCE agrees to be bound by all the terms and conditions of the original AGREEMENT, and to all amended provisions as set out herein below to provide for Misdemeanor correctional services to COUNTY. 11. AMENDMENT TO AGREEMENT 1. follows: Section 2.1.1.6 of the AGREEMENT shall be amended to read as 12105/06 TUE 13: 37 [TX/RX NO 5304] ~ 002 305292351fi MONROE COUNTY ATT 01:4R:14p.m 12-05-200fi 3/5 "Section 2.1.1.6 Manage Probationer case limits and maintain a reasonable number of staff in each area of the Florida Keys ( (Upper Keys, Middle Keys, and Lower Keys) in order to provide attention to all Court ordered terms and conditions. PROVIDENCE agrees to maintain at a minimum the same level of staffing in each area of the Florida Keys ( (Upper Keys, Middle Keys, and Lower Keys) as was employed by MAXIMUS on September 1,2006. Providence further agrees to maintain or increase staff salaries in all areas of the Florida Keys (Upper Keys, Middle Keys, and Lower Keys) during the remainder of the term of this Agreement. PROVIDENCE shall provide bilingual probation supervision services in each area of the Florida Keys. There shall be at least one staff member on duty at all times during regular business hours with fluency in both English and Spanish. There shall be at least one staff member available to testifY in each area of the Florida Keys who is fluent in English. PROVIDENCE shall have sufficient staff to supervise all misdemeanor probationers of the County Court of Monroe County, Florida." 2. Section 2.5 of the AGREEMENT shall be amended to add the following standard language: "Section 2.5. APPROPRIATION. Monroe County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the BOCC." 3. Section 8 of the AGREEMENT shall be amended to read as follows: "Section 8. INSURANCE. PROVIDENCE 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 PROVIDENCE occasioned by the negligence, errors, or other wrongful act of omission of PROVIDENCE, its employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of PROVIDENCE to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, PROVIDENCE shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. 12105/06 TUE 13: 37 [TXlRX NO 5304] 1i1I003 3052923516 MONROE COUNTY ATT 01 :4R:45 p_m 12-05-2006 4/5 COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $1.000.000.00 per occurrence, combined single limit tor Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $1.000.000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers." 2. follows: Section 10.17 of the AGREEMENT shall be amended to read as "Section 10.17 NONDISCRIMINATION. PROVIDENCE and COUNTY 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. PROVIDENCE agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) 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 Chapter 12/05/06 THE 13: 37 [TX/RX NO 5304] 141004 3052923516 MONROE COUNTY ATT 01 49:23 pm 12-05-2006 5/5 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 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." III. PROVISIONS CURRENTLY IN AGREEMENT The remaining provisions of the Agreement dated January 21, 2004, not inconsistent herewith, shall remain in full force and effect. d""'c-:",,<... c:~~, /(P;'\'I -r,--~'Z.k'}''''':':.:.:',,- d'?y <- ~</ ,:-- 0/ tl~~~f;5 /:::;~ ..... ,.\,."JI; 31,-,"':' r:"~v. r> \'\ "'i..-q'.~~~... WHEREOF the parties have set their hands and seal on the day .' written above. t.\- r" '::~ -- d. '0 ~~ ~ ;;- <::\,~ ~ ~ -..~(i::.~ -- ...,"-- ~".... '-' c.-:> .:aaxim~nc. C'J Y..Jo ~~~ \1._ ~~6n with Alhority to legally Bind Maximus Inc, j)I\-V I.b Print Name --.L{IO 101 Date J Date: ~ &.,a..." ~ o <--) \,! ," [O~"~ C-- ,- Wi ss signature Yuth;n s'n9-- Print Witness Nam Ff!..AA/CIS 1-10-01 Date 'th Authority to legally ~ Prov~tI}fe9u All). U . .17C"'e Print Name , 1.Aam6.u- SI 7 h1"" Date de-p/~ Witness signature ./.14 ve.- ~A?LJ Print Witness Name /..<Ar~~ Date / / MONROE COUNTY ATTORNEY ~PROVEDAST~ :b.;_ ~ A) . ~ NATllEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Dale / - ~ - d.!:>07 12/05/06 TUE] 3: 37 [TX/RX NO 5304] Ii!I005 MARSH CERtiFICATE <OF INSU!RANCE CERTIFICATE NUMBER LOS-000547229-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 3131 E. Camelback Road POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Suite 400 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Phoenix, AZ 85016 COMPANIES AFFORDING COVERAGE COMPANY 70184-G/P/U-5/23-06-07 A Lexington Insurance Company INSURED COMPANY Providence Service Corporation B Philadelphia Insurance Company 620 N. Craycroft Rd. COMPANY Tucson, AZ 85711 , C ACE American Insurance Company COMPANY D COVERAGES ThIs:ceitlfjcatEt:supel'$et:l~s<~I1d:repl~cesanyprEtviousIY issuedcertlficate for the pblic:yperiod .noted beloW. 1 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POliCY NUMBER POLICY EFFECTIVE POliCY EXPIRATION liMITS LTR DATE (MMIDDIYY) DATE (MMIDDIYYj A GENERAL LIABILITY 3598679 04/12/06 04/12/07 GENERAL AGGREGATE $ 3,000,000 - $ X COMMERCIAL GENERAL lIABILITY PRODUCTS - COMP/OP AGG 1,000,000 - KJ CLAIMS MADE [J OCCUR $ 1,000,000 - PERSONAL & ADV INJURY - OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE IAnv one fire) $ 50,000 MED EXP (Anv one oerson $ 5,000 B AUTOMOBILE LIABILITY PHPK160496 03/01/06 03/01/07 $ 1,000,000 - COMBINED SINGLE LIMIT ~ ANY AUTO - All OWNED AUTOS BODilY INJURY $ SCHEDULED AUTOS (Per person) - f HIRED AUTOS \U" 'QL BODilY INJURY , $ "OJ, (Per accident) - NON-OWNED AUTOS - PROPERTY DAMAGE $ .- ~ GARAGE LIABILITY I .l.)t,-U I AUTO ONLY - EA ACCIDENT $ - l - ANY AUTO OTHER THAN AUTO ONLY; - EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY 6793717 04/12/06 04/12/07 EACH OCCURRENCE $ 1,000,000 ~ ~MBRELLA FORM 'Claims Made' AGGREGATE $ 1,000,000 X OTHER THAN UMBREllA FORM $ C WORKERS COMPENSATION AND WLRC44343745 (All Other States) 05/15/06 05/15/07 X I T~2yS[~Hs I ! om- EMPLOYERS' LIABILITY C WLRC44343757 (California) 05/15/06 05/15/07 El EACH ACCIDENT $ 1,000,000 THE PROPRIETOR! ~INCL El DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL El DISEASE-EACH EMPLOYEE $ 1,000,000 OTH'" DESCRIPTION OF OPERATIONSILOCATlONSIVEHICLESISPECIAL ITEMS Monroe County, Florida is included as an additional insured, except for wor1<ers' compensation, where required by written contract and allowed by law. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ___..3.0. DAYS WRITTEN NOTICE TO THE Monroe County, Florida CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLlGATlON OR Attn: Natileene Cassel P.O. Box 1026 LIABILITY OF ANY KINO UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE Key West, FL 33041.1026 ISSUER OF THIS CERTIFICATE MARSH USA INC. a.,.. BY: Patricia J. Benyi ,,~.,."t"" " MtIIl(~/~2) VALID AS OF: 12/14/06 ., ..... , ,. .... ADDITIONAL INFORMATION DATE (MMIDOIYYj LOS..o00547229.o1 12/14/06 COMPANIES AFFORDING COVERAGE PRODUCER Marsh USA Inc. 3131 E. Camelback Road Suite 400 Phoenix, AZ 85016 COMPANY E COMPANY F 170184-G/P/U-5/23-06-07 INSURED COMPANY Providence Service Corporation 620 N. Craycraft Rd. Tucson, AZ 85711 G COMPANY H TEXT "Additional Named Insureds.. Providence Service Corporation A to Z In-Home Tutoring AlphaCare Resources, Inc. Camelot Care Centers, Inc. Camelot Care Coreoration Camelot Commumty Care, Inc. CBY25, LLC Children's Behavioral Health, Inc. Children's Network of Southwest Florida, LLC Choices Group, Inc. College Community Services Cypress Management Services Dockside Services Inc. Drawbridges Counseling Services, LLC Family Based Strategies, Inc. Family Preservation Services Inc. Family Preservation Services of Florida Inc. Family Preservation Services of North Carolina Inc. Family Preservation Community Services Family Preservation Services of Virginia, Inc. Family Preservation Services of Washington D.C. Inc. Family Preservation Services of West Virginia Inc. Intervention Services, Inc. Maple Services LLC Maple Star Nevada MerryMeeting Center for Child Development (MCCD) Oasis Comprehensive Foster Care LLC Pottsville Behavioral Counseling Providence of Arizona, Inc. Pro..,.;dence Community Corrections, Inc. Providence Community Services, Inc. Providence Community Services, LLC (formerly Aspen Management Services Organization, LLC) Providence Management Corporation of Florida Pro..,.;dence Service Corporation of Delaware, Inc. Providence Service Corporation of Maine, Inc. Providence Service Corporation of Oklahoma, Inc. Providence Service Corporation of Texas, Inc. Rio Grande Management Co., LLC Transitional Family Services, Inc. W D Management, Inc. CE~TIFICATEHOLOE~ Monroe County, Florida Attn: Natileene Cassel P.O. Box 1026 Key West, FL 33041-1026 MARSH USA INC. BY Patricia J. Benyi Pace a.en~ ~..-.t", ..