Item C28
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 21 and 22.2001
Division: Management Services
Bulk Item: Yes ~ No
Department: Administrative Services - Group
AGENDA ITEM WORDING: Approval to extend the current renewal aereement on a month-
to-month basis for UP to six (6) months for the Employee Assistance Proeram with the MENTAL
HEALTH CARE CENTER OF THE LOWER KEYS. INC.. D/B/A CARE CENTER FOR
MENTAL HEALTH for the employees of Monroe County and their dependents.
ITEM BACKGROUND: Current contract renewal aereement for the Employee Assistance
Proeram (EAP) throueh the Mental Health Care Center of the Lower Keys. Inc.. D/B/A Care
Center for Mental Health approved at September 20. 2000 BOCC meetine expires March 31.
2001. The County is currently reviewine the Group Benefits Proeram and will reQuire
additional time to complete this review.
PREVIOUS REVELANT BOCC ACTION: Initial contract approved Aueust 18. 1997~ first
renewal approved September 9. 1998~ second renewal approved September 8. 1999~ extension
aereement for six (6) months approved September 20. 2000.
CONTRACT/AGREEMENT CHANGES: Extend current renewal aereement on a month-to-
month basis for UP to six (6) months.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $33.144
BUDGETED: Yes -.2L No
COST TO COUNTY:
REVENUE PRODUCING: Yes No -X AMOUNT PER MONTH_ Year
APPROVED BY: County Ally _ OMB~P.sing ~ Risk Management u2L R.
DIVISION DIRECTOR APPROVAL: J h ~ ~
~
James L. Roberts
DOCUMENTATION:
Included --L-
To Follow_.__
Not Required
AGENDA ITEM #J:(2i
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Mental Health Care Center Effective Date:October 1, 2000
of the Lower Keys. Inc., D/B/A Care
Center for Mental Health
Expiration Date:September 30.2001
Contract Purpose/Description:Contract extension on a monthly basis not to exceed six (6)
months for the Employee Assistance Program while the County reviews the Group Benefits
Program.
Contract Manager:Sheila Barker
(Name)
4462
(Ext. )
Human Resources
(Department)
for BOCC meeting on March 21-22, 2001
Agenda Deadline: March 7, 2001
CONTRACT COSTS
Total Dollar Value of Contract: $33.144 Current Year Portion: $
Budgeted? Yesrgj No 0 Account Codes: 502-08002-530340-_
Grant: $ _ _-_-_
County Match: $ __-_-_
- -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,)
CONTRACT REVIEW
Changes
Date In Needed
Division Director :1 - .., --1 YesD No
Risk Manage~~nt 3 \ 1 Z \ 0 I YesO No[1Y (A ,
~unJi1al~,(gJ Il-b\ YesONo~
County Attorney 3/fjtJl YesD No~
Date Out
:1 - 7-<r(
Comments:
OMB Form Revised 9/11/95 Mep #2
EMPLOYEE ASSISTANCE PROGRAM RENEWAL AGREEMENT
THIS RENEWAL AGREEMENT is entered into this by and between the Board of County Commissioners of
Monroe County, Florida; 5100 College Road, Room 215, Key West, Florida 33040 (hereinafter Employer) and the
MENTAL HEALTH CARE CENTER OF THE LOWER KEYS, INC" D/B/A Care Center for Mental Health
(hereinafter Contractor), 1205 Fourth Street, Key West, Florida 33040,
WHEREAS, on August 19, 1997, the Employer and the Contractor entered into an agreement (hereinafter the
original agreement) establishing an Employee Assistance Program (hereinafter Program) for the purpose of
providing confidential, professional counseling on personal matters affecting their physical and emotional well-being
for all full-time, regular employees and their dependents with offices in Key West, Marathon and Plantation Key; and
WHEREAS, the current agreement will expire on March 31, 2001; and
WHEREAS, the Employer desires to extend the current agreement according to such terms; now, therefore,
The parties agree as follows:
1,) The renewal agreement is hereby extended on a month-to-month basis for an additional period of time
not to exceed six (6) months and this period will expire September 30, 2001.
2,) The Employer will pay the Contractor $4,00 per employee per month, in arrears, based on a monthly
total of 1381 employees, or $5,524,00 per month for the Contractor's EAP services,
3,) In all respects the terms and conditions of the original agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Renewal Agreement this _ day of
,2000.
SEAL
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairman
Deputy Clerk
ATTEST:
MENTAL HEALTH CARE CENTER OF
THE LOWER KEYS, INC"
D/B/A Care Center for Mental Health
By
By
President
Secretary
EMPLOYEE ASSISTANCE PROGRAM RENEWAL AGREEMENT
THIS RENEWAL AGREEMENT is entered into this by and between the Board of County Commissioners of
Monroe County, Florida; 5100 College Road, Room 2 I 5, Key West, Florida 33040 (hereinafter Employer) and the
MENT AL HEALTH CARE CENTER OF THE LOWER KEYS, INC., DfBl A Care Center for Mental Health
(hereinafter Contractor), 1205 Fourth Street, Key West, Florida 33040,
WHEREAS, on August 19, 1997, the Employer and the Contractor entered into an agreement (hereinafter the
original agreement) establishing an Employee Assistance Program (hereinafter Program) for the purpose of providing
confidential, professional counseling on personal matters affecting their physical and emotional well-being for all full-
time, regular employees and their dependents with offices in Key West, Marathon and Plantation Key; and
WHEREAS, the current agreement will expire on September 30,2000; and
\VHEREAS, the Employer desires to extend the current agreement according to such terms; now, therefore,
The parties agree as follo\vs:
I.) The original agreement is hereby extended on a month-to-month basis fora period of time not to exceed
six (6) months.
2,) The Employer will pay the Contractor $4.00 per employee per month, in arrears, based on a monthly
total of 1381 employees, or $5,524,00 per month for the Contractor's EAP services,
3,) In all respects the terms and conditions of the original agreement remain in full force and effect.
tI
IN WITNESS WHEREOF, the parties hereto have executed this Renewal Agreement this 2~ day of
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By cSUe-:t~~...~~
M~ r/Chairman
By ~~Jd;~,
MENTAL HEALTH CARE CENTER OF
THE LOWER KEYS, INC"
D/B/A Care Center for Mental Health
By ~W~ ~
President
ATTEST:
EMPLOYEE ASSISTANCE PLAN CONTRACT
This contract is entered into by and b~tween MONROE COUNTY, a political subdivision
of the State of Florida, whose add~ess is 5100 College Road, Public Service Building, Key West,
FL 33040, hereafter COUNTY, and the Mental Health Care Center of the Lower Keys, Inc.
d/b/a CARE CENTER FOR MENTAL HEALTH, a non-profit Florida corporation, whose address is
1205 4th Street, Key West, FL 33040, hereafter the CONTRACTOR.
WHEREAS, the COUNTY recognizes that its employees can suffer from personal problems
and stress that can adversely affect their job performance, attendance at work and health;
WHEREAS, the COUNTY desires to contract with a qualified provider to furnish COUNTY
employees and their dependents with confidential counseling on personal matters that affect
their physical and emotional well-being;
WHEREAS, the CONTRACTOR represents that it has a professionally qualified staff and
the resources to provide such counseling services;
WHEREAS, the COUNTY desires to employ the CONTRACTOR to furnish such counseling
services to the COUNTY's employees and their dependents; NOW THEREFORE,
The parties agree as follows:
1) DEFINITIONS:
a) COUNTY employees are the employees of the Board of County
Commissioners, the Board members, the Constitutional Officers and their employees. As
used in this contract, the words COUNTY employee or employee includes dependents.
b) Dependents are those individuals living in the employee's home.
2) The CONTRACTOR must provide an employee assistance plan, hereafter the EAP,
to the COUNTY employees. The EAP requirements are set forth in the paragraphs that follow.
3) The EAP must initially provide the following service:
a) A top management orientation session must be held that provides an EAP
overview to top COUNTY management personnel who cannot. because of their job
responsibilities, attend the 2 1/2 hour supervisor's intervention training sessions.
b) At least four supervisors' intervention training sessions must be held to
explain the supervisors' role, function ,and responsibility vis a vis the EAP. The sessions
must be at least 2 1/2 hours long and the CONTRACTOR should furnish the supervisors
that attend the session with ,written (and complete) information regarding the operation
of the EAP. An additional session for newly hired supervisors who missed the first four
sessions must be held during the contract term. The CONTRACTOR must also be
available for consultation with the supervisors regarding the operation and
administration of the EAP during the contract term.
c) A program orientation session must be held for all COUNTY employees not
covered under subparagraphs 3(a) or 3(b) to explain to them the counseling services
available under the EAP. A summary, written in simple English, that describes the EAP
services available should be furnished the employees at these sessions. The employee
sessions must be at least thirty minutes long.
d) The CONTRACTOR's scheduling of the sessions described in subparagraphs
3(a) - 3(c) must be coordinated with the County's Human Resources Director. Sessions
must be held in the COUNTY offices at Key West. Marathon, and Plantation Key, except
for the top management session which need only be held in Key West.
4) Upon request. the EAP must provide four educational group seminars selected
from the following topics:
a) Stress management;
b) Violence in the workplace;
c) Alcohol and education;
d) Marriage enrichment;
e) Depression;
f) Dealing with difficult people;
g) Parenting problems; and
h) Anger management.
5) The EAP must provide individual counseling services that include the following:
a) Mental health care;
b) Substance abuse evaluation and rehabilitation;
c) Retirement counseling;
d) Parenting;
e) Abuse;
f) Anger and stress management;
g) Grief and loss; and
h) Elder care.
Employees may be referred to individual counseling by their supervisors or may seek out
counseling individually. To facilitate employees seeking counseling on their own, the
2
CONTRACTOR must provide a 7 days a week and 24-hour per day toll free confidential
telephone service answered by professional staff.
This phone service must be able to
immediately assist the employee seeking professional help. Whenever possible, face to face
meetings with the employee and the CONTRACTOR's counselor should be arranged, so that
the employee's problem{s) may be professionally evaluated and an effective care plan
devised and implemented.
A total of eight face to face counseling sessions are available to the employee and his
or her dependents during the contract term. If the eight counseling sessions are exhausted, but
....
the problem{s) remain unresolved, then the CONTRACTOR must explain to the employee what
other treatment options are available.
If the face to face counseling session{s) reveal a problem or problems not covered by
the EAP, then the CONTRACTOR must refer the employee to a mental health care provider
who can furnish the service{s) needed. In the case of a referral under this subparagraph, and
after the employee executes a release of information form, the CONTRACTOR must keep in
contact with the counseling service provider in order to determine whether the employee is
receiving appropriate professional treatment and is participating in a positive way in the
treatment plan. If the employee was initially referred to the CONTRACTOR by a COUNTY
supervisor, then the COUNTY's Human Resources Director must be kept advised of the progress
of the referral treatment. Otherwise, that information may not be released to COUNTY
management or any other third person.
6) The CONTRACTOR must furnish the COUNTY a quarterly report that has the
following information:
a) The number of employees using the EAP;
b) The number of individual referrals and the number of
supervisor/management referrals;
c) The number of males and females participating in the EAP;
d) The number of problems diagnosed broken into categories;
3
e) Treatment results by category, along with numbers showing employees
that are:
(i) Currently in treatment;
(ii) Cooperating with treatment;
(iii) Completed treatment;
(iv) Referred out of the EAP and to another mental health care provider;
(v) Receiving after-care service.
7) All employee counseling sessions, and any records related to those sessions, are
confidential and may not be released to the COUNTY or to any third person. There are only
two exceptions to this confidentiality requirement. The first is when an employee is referred to
the CONTRACTOR by his or her supervisor or another member of management. In that case,
the CONTRACTOR will obtain from the client a signed "Release of Confidential Information"
form which will permit the CONTRACTOR to keep Monroe COUNTY's Human Resources Director
informed with regard to whether the employee is cooperating with his or her treatment
program. The second exception is when the CONTRACTOR, in his professional opinion,
determines that an employee is a clear and imminent danger to him or herself or others. In
that case, the CONTRACTOR must immediately notify the COUNTY Human Resources Director
or, if she is unavailable, the COUNTY Administrator, as provided by Florida law.
8) The term of this contract is from September 1, 1997 through and including
September 30, 1998. This contract may be renewed at the option of the COUNTY for two
additional one-year terms (October 1 - September 30) on the same terms and conditions as
the original contract. In order to exercise its option, the COUNTY must furnish the
CONTRACTOR a written notice of the COUNTY's intent to renew 30 days or more before the
contract term expiration date (September 30).
9) The COUNTY will pay the CONTRACTOR based on 1381 employees at $6.00 per
employee per month, on an arrears basis, $8,286.00 per month for the CONTRACTOR's EAP
services. This amount is due without regard to the number of employees who utilize the EAP
4
seNices during the month. The amount is also due without regard to any fluctuation in the
number of employees during the contract term. In order to be paid, the CONTRACTOR must
prepare a monthly invoice for payment in a form satisfactory to the COUNTY's Human
Resources Director and to the Clerk. The invoice must be submitted to the Human Resources
Director for approval. If the Director approves, she will forward the invoice to the Clerk for
payment.
10) The COUNTY's obligation to pay is contingent upon an annual appropriation from
the COUNTY's Board of County Commissioners. If the Board fails to appropriate funds, the
COUNTY's Human Resources Director must immediately notify the CONTRACTOR to cease all
EAP seNices. The CONTRACTOR will then be paid the pro-rata amount of its monthly fee 'up to
the date it received the Director's notice. After this payment. the COUNTY will have no further
obligation or liability to the CONTRACTOR, either for additional fees under the contract or for
damages of any kind and amount based on any theory of liability.
11) The CONTRACTOR warrants that all persons who furnish professional counseling
seNices to employees under the EAP are competent to perform such seNices, will perform
such seNices with a high standard of professional care, and are properly licensed by the State
of Florida to perform such seNices.
12) Due to the archipelago geography of the Florida Keys and the location of
COUNTY offices, the CONTRACTOR must maintain offices in Key West. Marathon, and
Plantation Key during the contract term.
13) Before the commencement of providing EAP seNice under this contract, the
CONTRACTOR must have the insurance set forth in Attachment A. Attachment A is attached
to and incorporated into this contract.
5
14) The CONTRACTOR must indemnify and hold harmless the COUNTY from and
against all liability, claims, damages both direct and consequential, loss, costs and expenses
arising out of, or resulting from, ..any negligent error or omission of the CONTRACTOR in
performing the EAP services required under this contract. The purchase of the insurance
required under paragraph 13 does not vitiate the CONTRACTOR's indemnification obligation
under this paragraph 14.
15) Except in the case of non-appropriation covered by paragraph 10, either party
may cancel this contract without cause by giving sixty (60) days written notice to the other
party. The CONTRACTOR must be paid the fee for EAP services due under this contract up to
the cancellation date. If the cancellation date falls during the month, then the final monthly
payment will be paid pro-rata so that the amount reflects the number of days in the month up
to the date of cancellation. Other than the COUNTY's obligation to pay the contract fee up to
the cancellation date, the party who cancels the contract under this paragraph is not
obligated or liable to the other for any additional fees under the contract or damages of any
kind or amount based on any theory of liability.
16) Either party may terminate this contract because of the failure of the other party
to perform its obligations under this contract. If the COUNTY terminates this contract because
of the CONTRACTOR's failure to perform, then the COUNTY must pay the CONTRACTOR the
amount due for EAP services satisfactorily performed up to the date of the CONTRACTOR's
failure to perform, but minus any damages, direct and consequential, the COUNTY suffered as
a result of the CONTRACTOR's failure. The damage amount must be reduced by the amount
saved by the COUNTY as a result of the contract termination. The CONTRACTOR is liable for
any additional amount necessary to adequately compensate the COUNTY if the amount due
the CONTRACTOR is insufficient to compensate the COUNTY for the damage it suffered.
6
17) The CONTRACTOR may not assign its obligations or benefits under this contract, or
subcontract its obligations under this contract, without the written consent of the COUNTY.
18) The CONTRACTOR is, an independent CONTRACTOR. Nothing in this contract
creates a contractual relationship with, or any rights in favor of. any third party - including the
employees, subcontractors or suppliers of the CONTRACTOR - and the COUNTY.
, ' 19) This contract has been carefully reviewed by both the CONTRACTOR and the
COUNTY. Therefore, this contract is not to be strictly construed against either party on the basis
of authorship.
20) This contract represents the parties' final and mutual understanding. It replaces
any earlier agreements or understandings, whether written or oral. This contract cannot be
modified or replaced except by another signed contract.
21) Nothing in this contract should be read as modifying the applicable statute of
limitations. The waiver of the breach of any obligation of this contract does not waive another
breach of that or any other obligation.
22) The CONTRACTOR warrants that he/it has not employed, retained or otherwise
had act on his/its behalf any former COUNTY officer or employee subject to the prohibition of
Section 2 of Ordinance No. 010-1990 or any COUNTY officer or employee in violation of Section
3 of Ordinance No. 010-1990. For breach or violation of this provision, the COUNTY may, in its
discretion, terminate this contract without liability and may also, in its discretion, deduct from
the contract or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift or consideration paid to the former COUNTY officer or employee.
23) This contract is governed by the laws of the State of Florida. Venue for any
litigation arising under this contract must be in Monroe County, Florida. In the event of
7
litigation, the prevailing party is entitled to reasonable costs plus a reasonable fair market value
attorney's fee.
24) All communication between the parties should be through the following
individuals:
Monroe County:
Dept. of Human Resources
Public Service Building
5100 College Road
Key West. FL 33040
(305) 292-4462
Contractor:
Dr. Marshall Wolfe
Mental Health Care Center
of the Lower Keys, Inc.
1205 4th Street
Key West, FL 33040
(305) 292-6843
"
25) This contract takes effect on September 1. 1997.
. L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
~c.~~
Deputy Clerk
Of"/~"'17
By
Date
(CORPORATE SEAL)
Attest:
MENTAL HEALTH CARE CENTER
.OF THE LOWER KEYS, INC.
Secretary
By~~A/~
President
By
Date:
con2eap
B
8