Item C59
----
. BOARD OF COUNTY COMMISSIONERS
,
AGENDA ITEM SUMMARY
Meeting Date: September 19 & 20.2001
Division: Manaeement Services
Bulk Item: Yes ~ No
Department: Group Insurance
AGENDA ITEM '\VORDING: 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 March 21. 2001 BOCC meetine expires September 31.
2001. The County is currently reviewine the Group Benefits Proeram and is out on RFP for
Group Health Benefits (includine EAP proeram).
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: second extension aereement for six
(6) months approved March 21. 2001.
CONTRACT/AGREEMENT CHANGES: Extend current renewalaereement on a month-to-
month basis for up to six (6) months.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $33.144.00
COST TO COUNTY: $33.144.00
BUDGETED: Yes -X.. No
REVENU.E PRODUCING: Yes
No....K. AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL: ~t?
.J_~
--
James L. Roberts
DOCUMENTATION:
Included 'I.
To Follow_._
Not Required
DISPOSITION:
AGENDA ITEM #~S,
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Mental Health Care Center Effective Date:October 1. 2001
of the Lower Keys. Inc.. D/B/A Care
Center for Mental Health
Expiration Date:March 31. 2002'
Contract Purpose/Description:Contract extension on a monthly basis not to exceed six (6)
months for the Employee Assistance Program while the County continues to review the Group
Benefits Program.
Contract Manager: Sheila A. Barker
(Name)
4462
(Ext. )
Management Services
(Department)
for BOCC meeting on September 19 &20, Agenda Deadline: September 5. 2001
2001
CONTRACT COSTS
Total Dollar Value of Contract: $33.144.00 Current Year Portion: $
Budgeted? Yes[g] 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
Division Director
Changes
Date In Needed '- ~~wer
f-1--1 YesDNoEr--J---~-G.U^ _
"1\'tIO( YesDNog:a, 0""-r \(~t"",
C'J1L\\ol YesDNorif ~}'-JM20
o(;;fotYesDNoGr' _~
Date Out
O.M.B./Purchasing
f-)-~
Q\4-/or
j'l
Risk Management
County Attorney
Comments:
OMB Form Revised 9/11/95 MCP #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 September 30,2001; 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 March 31, 2002.
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
,2000.
day of
SEAL
ATTEST: DANNYL.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chainnan
Deputy Clerk
ATTEST:
MENTAL HEALTH CARE CENTER OF
THE LOWER KEYS, INC.,
D/B/A Care Center for Mental Health
By
By
President
Secretary
BY
N~;%l"
DATE
1
EMPLOYEE ASSISTANCE PROGRAM RENEWAL AvREEMENT
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., DfB/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
\VHEREAS, 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 oftime
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 ofthe original agreement remain in full force and effect.
s
the parties hereto have executed this Renewal Agre'ernent this ~ I S_t day of
BY~", L..J-Q,. 1Slvtx! ~
Deputy CI.:rk '
BOARD OF COUNTY COMMISSIONERS
3=ECOUNT2LO!b-~Q-
~aYOr/C!;irman
ATTEST:
BY~\~ -:Jd~r\^-~
Secr':lary
MENT AL HEALTH CARE CENTER OF
THE LOWER KEYS, INC.,
DfB/A Care Center for Mental Health
By ~~ 4;~
..-.....
EMPLOYEE ASSISTANCE PROGRAM RENEWAL AGREEMENT
TillS 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 September 30, 2000; and
WHEREAS, the Employer desires to extend the current agreement according to such terms; now, therefore,
The parties agree as follows:
1.) The original agreement is hereby extended on a month-to-month basis for a 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 ofthe original agreement remain in full force and effect.
t/
IN WITNESS WHEREOF, the parties hereto have executed this Renewal Agreement this ~ day of
, 2000.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By cJ~--F~~
M~r/Chairman
ATTEST:
By ~~tt;ps
MENTAL HEALTH CARE CENTER OF
THE LOWER KEYS, INC.,
D/B/A Care Center for Mental Health
By ~wd/ ~
President
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 F01111h 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 cmployees and their dependents with offices in Key West, Marathon and Plantation Key; and
WHEREAS, paragraph 8 of the original agreement provides that it may be renewed at the discretion of the
Employer for up to two additional one-year terms (October 1 - September 30) on the same terms as the original
agreement; and
WHEREAS, the Employer desires to renew the original agreement according to such terms; now, therefore,
The parties agree as follows:
1.) The original agreement is hereby renewed for a third one-year term.
2.) The Employer will pay the Contractor S4.00 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.
4.) The renewal term will commence iminediately upon the expiration of the second one-year contract.
Therefore this renewal will become effective October 1, 1999, and will expire September 30, 2000.
IN WITNESS WHEREOF, the parties hereto have executed this Renewal Agreement this
S5~he.r > 1999.
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'~~i:"\.;9
A TI~T; .:DANNY L. KOLHAGE, CLERK
Ba~~
C'i I;
a - day of
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
\ ........... .....L--.-.- ~\, ~..~~
'-"- ,-,->o..~ _... ~. ___ -\,\ ~ ---v--
By , r.
Mayor/Chairman
.:~'Or/~
. . ~ecretary
MENT AL HEALTH CARE CENTER OF
THE LOWER KEYS. INC.,
D/B! A Care Center for Mental Health
By ~1!:~
NPROVED AS TO FORM
A EGAt. F ENCY.
'.
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, paragraph 8 of the original agreement provides that it may be renewed at the discretion of the
Employer for up to two additional one-year terms (October 1 - September 30) on the same terms as the original
agreement; and
:..
WHERJ;AS, the Employer desires to renew the original agreement according to such terms; now, therefore,
The parties agree as follows:
1.) The original agreement is hereby renewed for a second one-year term.
2.) In all respects the terms and conditions of the original agreement remain in full force and effect.
3.) The renewal term will commence immediately upon the expiration of the first one-year contract.
Therefore this renewal will become effective October 1, 1998, and will expire September 30, 1999.
IN WITNESS WHEREOF, the parties hereto have executed this Renewal Agreement this ~ day of
~fft."<<?~.~ ' 1998.
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ATIES : ..C":;"'\' L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONRO OUNTY, FLORIDA
By ~Jt!:dn~~
By
:~a~~/
1 TAL HEALTH CARE CENTER OF
THE LOWER KEYS, INC.,
DIB/ A Care Center for Mental Health
By ~ Cf:~
'.
EMPLOYEE ASSISTANCE PLAN CONTRACT.
, I I
.'
This contract is entered into by and bet~een MONROE COUNTY, a political subdivision
of the State ot Florida, whose address is 5100 College Road, Public Service Building, Key West,
Fl 33040, hereafter COUNTY, and the Mental'Health Care Center of th~ Lower Keys, Inc.
dlbla CARE CENTER FOR MENTAL HEALTH, a n.on-profit Florida corporation, whose address is
1205 4th Street, Key West, Fl33040, hereafter the CONTRACTOR.
WHEREAS, the COUNTY recognizes that its employees can suffer from personal problems
and stress that can adversely affect their job per'formcmce, attendance at work and health;
.......
WHEREAS, the COUNTY desires to contr6ct 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;
'.
.'
WHEREA~, the CONTRACTOR represenfs.'. that it has a professionally qualified staff and
.
the resources to provide such counseling services;
WHEREAS, the COUNTY desires to employ the c'bNTRACTOR to furnish such cou~.seling
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~mployee or employee includes dependents.
b) Dependents are those indi~iduals living in the employee's home.
2) The CONTRACTOR must provide ci'n employee assistance plan, hereafter the EAP,
to the COUNTY employees. The EAP requireme~ts are set forth in the paragraphs that follow.
3) The EAP must initially provide the following service:
,
aJ A top management orienta'tion session must be held that provides an EAP
overview to top COUNTY management' perso'nnel who cannot, because of their job
responsibilities, attend the 2 112 hour supervisor's intervention training sessions.
b) At least four supervisors':)nterventior:l' 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 r1ewly 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 con,tract 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)
b}
c}
d)
e}
f)
g)
h}
Stress management;
Violence in the workplace; ,
Alcohol and education;
Marriage enrichment;
Depression; \' .:
Dealing with difficult people';
Parenting problems; and ..
Anger management.
}. '
or
5) The EAP must provide individual counseling services that include the following:
a) Mental health care;
b) Substance abuse evaluatiqn 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 empl~yees 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 profe'ssional 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 :~es'sions are available to the employee and his
or her dependents during the contract term. If t~e 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 th~ employee to a mental health care provider
.
. -
who can furnish the service(s) needed. In the' ~ase of a referral under this subparagraph, and
. after the employee executes a release of infor<mation Jt~rm, the CONTRACTOR must keep in
contact with the counseli"ng 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 inifially':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 ,u~ing the EAP;
b) The number of individual referrals and the number of
supervisor Imanagement- referrals;
c) The number of males and females participating in the EAP;
d) . The number of problems diagnosed broken into categories;
3
i -
e)
.'
Treatment results by categqry, along with numbers showing employees
that are: . .'
(iJ Currently in treatment; . ,
(iiJ Cooperating with t~e9tment;
(iii) COl')1pleted freatm~nt;
(iv) Referred out of the' ~AP and to another mental health care provider; .
(v) Receiving after-care".service.
. .
7) All employee counseling sessio~~,~. and any records related to those sessions, are
confidential and may not be released to, th~ ;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 oranother'1nember of management. In that case,
. .
the CONTRACTOR will obtain from the clien~..~ 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 (~e COUNTY Human Resources Director
or, if she is unavailable, the COUNTY Administrator, as provided by Florida law.
8)
,
The term of this contract is frC)~ September 1, 1997 through and including
September 30, 1998. This contract may be re.newed at the option of the COUNTY for two
additional one-year terms (October 1 - Septe'i"!1ber 30) on the same terms and conditions as
the original contract. In order to exerc~se its option, the COUNTY must furnish the
CONTRACTOR a written notice of the COUNTX'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
services during the morth. The amount is also. due without regard to any fluctuation in the
number of employees during the contract tef~' In order to be paid, the CONTRACTOR must
. "..:
prepare a monthly invoice for payment in' 0 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 approve.s, 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 Commlssioner:s. If tf).e Board fails to appropriate funds, the
, .
COUNTY's Human Resources Director must imr:nediately notify the CONTRACTOR to cease all
EAP services. The CONTRACTOR will then be paid the pro-rata amount of its monthly fee up to
the date it received the Director's not~ce. Afte(this payment, the COUNTY will have no further
obligation or liability to the CONTRACTOR, either for additionat'lees 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 professiol:lal counseling
, .
services to employees under the EAPare competent to perform such services, will perform
such services with a high standard of profession'al care, and are properly licensed by the State
of Florida to perform such services.
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 proyiding EAP service 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
~. ~~F. . i 1": ..~i':i"l.;':~~:':-.,\~_'..... :h. :"<..:'L~J':' ,;:A;: :~~:;.t4~'.t~ti.~i'::':""~1".(\:?-inJC"rtl~t!":$...rn';...-n:l.~-::t ~,;)\'~t.n.'5C'ft""~~"";
14) The CONTRACTOR must indemnify and hold harmless the COUNTY from and
against all liability, claims, damages both dire~t and consequential, loss, costs' and expenses
arising out of, or resulting fr()m, any neglige,~t 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 d~t~ falls during the month, then the final monthly
I
. .
payment will be paid pro-rata so that the am'ount 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 anyadditi~nal feesJ0nder the contract or damages of any
kind or amount based on any theory of liability. :'
. .
16) Either party may terminafe this cc>~tract because of the failure of the other party
to perform its obligations under this contract. :I(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 da'te of the CONTRACTOR's
failure to perform, but minus any damages, dir~'d and consequential, the COUNTY suffered as
a result of the CONTRACTOR's failure. The da':TI.age amount must be reduced by the amount
saved by the COUNTY as a result of the contra'ct 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 fhis contract, without the written consent of the COUNTY.
la} 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 CONT~ACTOR - and the COUNTY.
19} This contract has been carefully reviewed by both the CONTRACTOR and the
COUNTY. Therefore; this contract is not to be st.rictly 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 an0ther
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 r~cover, 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
. ..; ~~:"
I.,' ..
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
l305} 292-6843
25} This contract takes effect on September 1, 1997.
IN WITNESS WHEREOF, each party has ca,used this Agreement to be executed by its duly
'.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. flORIDA
J..'
By
Date
,
(CORPORATE SEAL)
Attest:
MENTAL HEALTH CARE CENTER
.OF THE LOWER KEYS, INC.
Secretary
By~~h~
President
By
Date:
con2eop
B
8
ATrACH.""1ENT II A"
1996 Edition
.;.
",. "
RISK'MANAGEMENr
POLICY ANJj'?ROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurnn"cc Requirements
. for
Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract (including the
pre-staging of personnel and material), the Contractor shall obtain, at hislher own expense,
insurance as specified in any attached schedules~ which are made part of this contract. The
Contractor will ensure that the insurance obtainep will extend protection to all Subcontractors
engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to
obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to comm~iice work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
becn furnishcd to the County as specified bclow. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and time,
ei<:cept for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules. Failure to comply with this provision'
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion: of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this contract
and any penalties and failure to perform assessments shall be imposed as if the work had not
been suspended, except for the Contractor's failure to maintain the required insurance.
~he Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either: "'.
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Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract. . . : .
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 County by the insurer."
The acceptance and/or approval of the Contract9r's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
Administrntion Instruction
114709.2
14
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ATTACBMENr "A"
1996 Edition
The Monroe County Board of County Commis~ionersJ its employees and officials will be
included as "Additional Insured" on all policiesJ':Cxcept for Workers' Compensation. "
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Wn,iver of Insurance Requirements" and
approved by Monroe County Risk Managemen~~'
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Administration Instruction
'4709.2
15
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ATl'ACBMOO · it."
1996 Edition
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WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
. 'FOR
, CONTRACf.,..,
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t I; .
BETWEEN
MONROE CQuNrY, FLORIDA
A'ND
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Man'AL BFALTH CARE CENrER OF THE LamR REYS, INC.
D/B/A CARE CFNrm FOR MI:NrAL HEALTH
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
... ...
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than: '.
$100,000 Bodily Injury by Accident :'; , '
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each; employee
Coverage ~hall be maintained throughout the c;~Hre -term of the contract.
<3overage shall be provided by a company or cQIl)panies authorized to transact business in the
state of Florida. .
If the Contractor has been approved by.the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize iln9. honor t~e Contractor's status. The Contractor may be _
required to submit a Letter of Authoritation isslfed by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance'fund, a Certificate ofInsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
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Administration Instruction
1#4709.2
88
ATl'ACHMENr II A II
1996 Edition
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General qability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum: .. .
· Premises Operations .
· Products and Completed Operations'.
· Blanket Contractual Liability :. .
· Personal Injury Liability..
· Expanded Definition of Property DilI*age
The miniJllUm limits acceptable shall be:
'.
$500,000 Combined Single Limit (CSL).
. .
Ifsplit limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
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An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on of after the effective date of this contract.
In addition, the period for which claims may be reported should extend for 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 require~ents.
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Administrati.on Instruction
#4709.2
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1996 Edition
, VE~CLE'LIABILITY
rnSURANCEREQIDREMENTS
.FOR .
.CONTRACT ,.
BETWEEN
MQNROE COUNTY, FLORIDA
AND
r..
MENTAL HFALTH CARE cmrER OF THE Lama KEYS, INC.
D/B/A CARE CENTER FOR MENTAL BFALTH
Recognizing that the work governed by this cQntract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract ~d inc1uce, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Veh~~les
The minimum limits acceptable shall be:
$300,000 Combined Bingle Limit (CSL) ,
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If split limits are provided, the minimum limit~:acceptable shall be:
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$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
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The Monroe County Board of County 'Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirem~nts.
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Administration Instruction
1#4709.2
82
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ATl'At::flMENT · A"
1996 Edition
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MEDICAL PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACf
BETWEEN
MONROE COUNTY, FLORIDA
AND
MmTAL HEALTH CARE CEN1'ER OF THE r.amR ~, INC.
D/B/A/ CARE cmrER ~ MFNl'AL BFALTH
Recognizing that the work governed by this contract involves the providing of professional
medical treatment, the Contractor shall purchase and mQ,intain, throughout the life of the contract,
Professional Liability Insurance which will re~pond to the rendering of, or failure to render
medical professional services under this contract.
The minimum limits of liability shall be:
$1,000,000 per Occurrence/$3,000,OOOAggregate.
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If coverage is provided on a claims made basis, an extended claims reporting period of four (4)
years will be required. .;','. '. .
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Administration rnstruction
114709.2
69
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PUBLIC ENTD1\' CRIMlE SlfATlEtMlENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may: riot submit bids on leases of real
property to public entity, may not be . awarded or perform work as a
contractor, supplier, subcontractor, or'consultant under. a contract with any
public entity, and may not transact business...with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO ($ )for a period of36 months from the date of being placed on the
convicted vendor list. II .
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