Item D35
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 19.2003
Division: Management Services
Bulk Item: Yes ----X-
No
Department: Administrative Services
AGENDA ITEM WORDING: Approval to extend the current Employee Assistance agreement for one year
and then subject to annual renewal after that date with the Mental Health Center of the Lower Keys, Inc.,
D/B/A Care Center for Mental Health. The contract provides for confidential counseling services for
employees and dependents of the Board of County Commissioners, the Board Members and the Constitutional
Officers.
ITEM BACKGROUND: Cost lowered to $4.00 per month per employee in September 1999 and capped at
1381 employees with no additional cost for dependents. Provider supplies fit-for-service evaluation, critical
incident counseling and departmental mediation at no additional cost. Since the county is self-funded, the
inclusion of outpatient psychiatric (medical services) directly reduces the claims made under the employee
health insurance.
PREVIOUS RELEVANT BOCC ACTION: Initial contract approved August 18, 1997, renewed for one
year terms in September 1998 and September 1999 then renewed for six months in September 2000, March
2001 and September 2001. The current contract expires March 31,2003. BOCC directed on March 13,2001
that a Request for Proposals be done and on January 16,2002 the BOCC approved the recommendations
regarding the proposals received for an Employee Assistance Program (Mental Health Center of the Lower
Keys, Inc.)
CONTRACT/AGREEMENT CHANGES: Term only
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $66.280.00
BUDGETED: Yes ~ No
COST TO COUNTY: $66.280.00
SOURCE OF FUNDS: Interdepartmental Billings
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _
OMB/Purchasing _ Risk Management _
JU a9~
Sheila A. Barker
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # c 2J"~
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Mental Health Care Center Effective Date: April 1. 2003
of the Lower Keys. Inc.. D/B/A Care
Center for Mental Health
Expiration Date:March 31. 2004
Contract Purpose/Description:Approval to renew current contract for the term of one year and
then subiect to annual renewal after that date.
Contract Manager:Maria Z. Fernandez
(Name)
4448
(Ext. )
Administrative Services
(Department)
for BOCC meetin
19 2003
A enda Deadline: Feb
5 2003
CONTRACT COSTS
Total Dollar Value of Contract: $66280.00 Current Year Portion: $
Budgeted? Y es~ No D Account Codes: 502-08002-530340-_
Grant: $ _-_-_-_
County Match: $ _-_-_-_
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Date In
73
Division Director
Risk Management ((2.310)
O.M.B./Purchasing 1\ LQ)C8
County Attorney '/z..r3 YesD Nap
Comments: (\e.Q6s Qub\" c... <lJ0..:~ ~ C/I (y"Y"--Q S-\c,::k~~-.
OMB Form Revised 9/11/95 MCP #2
; I A ~I '1 n ^^^^
EMPLOYEE ASSISTANCE PROGRAM RENEWAL AGREEMENT
THIS RENEWAL AGREEMENT is entered into this by and between the Board of County Commissioners of
Monroe County, Florida; 1100 Simonton Street, Room 2-268, 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 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 for a term of one year, and this period will expire March
31,2004. The Agreement is subject to an annual renewal after that date.
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
,2003.
SEAL
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
ATTEST:
MENTAL HEALTH CARE CENTER OF
THE LOWER KEYS, INC.,
D/B/A Care Center for Mental Health
By
Secretary
By
President
/PPROVED AS TO F"""
A U '-fflM
B Y.
-
EMPLOYEE ASSISTANCE PROGRAM RENEWAL AGREEMENT
THIS RENEWAL AGREEMENT is entered into this by and between the Board of County
Commissioners of Monroe County, Florida;. 1100 Simonton Street, Key West, FL 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 Contractor entered into an. agreement
(hereinafter the original agreement) establishing an Employee Assistance Program (hereinafter Program)
for the ptupose 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
- .
.",'. I'
WHE~AS the Employer desires to extend the current agreement according to su~h termS; now
. .
therefore, the parties agree as follows:
1 - The renewal agreement is hereby extended for a term of one year, and this period will expire
March 31,2003. The Agreement is subject to an annual renewal after that date.
2 - The Employer will pay the Contractor $4.00 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.
.'
WITNESS WHEREOF, the parties hereto. have. executed this Renewal Agreement this
"<. day of February 2002.
BOARD OF CO .
MONRO
By
A TrEST:
By
Secretary
MENTAL HEALTH CARE CENTER OF
THE LOWER KEYS, INC.
D/B/A Care Center for Mental Health
BJ' ~~ 4',/,/4
llresid t
EMPLOYEE ASSISTANCE PROGRAM RENEWAL AGREEMENT
THIS RENEWAL AGREE11ENT 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 Assistan,ce 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 agre~ment according to such tenns; 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 thi.s P'~ri9d 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 ...;30 ~ay of
\"\tt\AA..~ . 200~.
By
BOARD OF COUNTY COMMISSIONERS
FMONROE COUNTY, FLORIDA
~~
3y ~
Secrewy
MENTAL HEALTH CARE CENTER OF
. THE LOWER KEYS, INC,
. D/B/A Care Center for Mental Health
BY~ .
presid~
IIfJROV!O A5 TO fOR
~D LEGAL SUFFICI
BY
DATE
. 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., D/B/A Care Center for Mental Health
(hereinafter Contractor), 1205 Fourth Street, Key West, Florida 33040.
WHEREAS, ort 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 ftlll-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 oftime
not t<:> 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 ona 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.
IN
~-I
the parties hereto have executed this Renewal AgieePlent this ~ I - day of
S
By~,..~Q.. ~~
. Deputy Clerk
BOARD ()F COUNTY COMMISSIONERS
S;:OE COUNTY, FW~ _.' rt
~-e .ft~
.. . Mayor/CI :airman
A~
By 0 ). ,......_
Secretary
-:Jd~~~
MENTAL HEALTH CARE CENTER OF
THE LOWER KEYS, INC.,
DfB/ A Care Center for Mental Health
BY~~
EMPLOYEE ASSISTANCE PROGRAM RENEW At AGREEMENT
THIS RENEWAL AGREE1vfENT 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 Heaith
(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-ta-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 ofI381 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.
t/
IN WITNESS WHEREOF, the parties hereto have executed this Renewal Agreement this ~ day of
2000.
By
~/[~1{;ps-
S retary .
MENTAL HEALTH CARE CENTER OF
THE LOWER KEYS, INC.,
D/B/A Care Center for Mental Health
By ;;;?4?d/ ~
President . .
ATTEST:
EMPLOYEE 1-. ...rST ANCE PROGRAM RENEWAL AL~~EMENT
THIS RENEWAL AGREEMENT is entered into this by and between the Board of County Commissioners of
Monroe County, Florida; 5100 C911ege 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 th.eir 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
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 $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.
4.) The renewal term will commence immediately upon the expiration of the second one-year contract.
~herefore thi~ renewal will become effective October I, 1999, and will expire September 30, 2000. r' ~
IN WI1NESS WHEREOF, the parties hereto have executed this Renewal Agreement this g -
e t-ern6e.r 1999.
. ...-(j6t~ --.;
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~iir..(NNY L. KOLHAGE, CLERK
~-.J.~ _
U Deputy o(erk
day of
'-
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
'v...~~......~ ~ -'. '- 1I . '.
By '\'~
Mayor/Chairman
t.U~/
. ~
ecretary
MENTAL HEALTH CARE CENTER OF
THE LOWER KEYS, INC.,
DIE/ A Care Center for Mental Health
By ~~
~PPROYEO AS'TO FORM
A GAL F IENey.
EMPLOYE:
SSISTANCE PROGRAM RENEWAL
:\
}REEMENT
e....---"
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
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 I - September 30) on the same terms as the original
agreement; and .
:,/.
WHE~S, 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 CftL day of
~~?~!-._< ,1998.
..,.... ......
t"-,,;..?Il....
L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONRO OUNTY, FLORIDA
By ~K!:a+M111M)
By
:a,~/4/
:A.L HEALTH CARE CENTER OF
THE LOWER KEYS, INC.,
D/B/A Care Center for Mental Health
BY~~
This contract is entered into by and between MONROE COUNTY, a political subdivision
E~PlOYE~ ASSISTANCE PLAN C::O~TRACT
. .
of the State or Florida, whose address 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 rion-profit Florida corporation, whose address is
1205 4th Street, Key West, FL 33040, hereafter the CONTRACTOR.
l
WHEREAS, the COUNTY recognizes that its employees can suffer from personal problems
and stress that can adversely affect their job pedormdtlce, attendance at work and health;
. '0,".
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 dONTRACTOR 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 ~mployee 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 managemenf persOnnel who cannot, because of their job
responsibilities, attend the 2 1/2 hour supervisor's intervention training sessions.
b) At least four supervisors'.'.Ointerventior:r 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 J /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 co~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 Icing. ...
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.
j,'
,.
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 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(sJ may be professionally evaluated and an effective care pian
devised and implemented.
.
A total of eight face to face counseling '~essions are available to the employee and his
or her dependents during the contract term. If the eig"t counseling sessions are exhausted, but
the problem(sJ remain unresolved, then the CONTRACTOR must explain to the employee what
other treatment options are available.
If the face to face counseling session(sLreveal 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(sJ needed. In the c.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 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.
\
6J The CONTRACTOR must furnish the COUNTY a quarterly report that has the
following information:
aJ The number of employees .using the EAP;
bJ The number of individual referrals and the number of
su pervisor Imanagement.referrals;
cJ The number of males and females participating in the EAP;
d) The number of problems diagnosed broken into categories;
j
~ .
'\ .
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e) Treatment results by categqry, along with numbers showing employees
that are: . ..'
(i) Currently in treatment;
(ii) Cooperating with treatment;
(iii) Completed treatment;
(iv) Referred out of theEAP 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 arlOther1nember of management. In that case,
the CONTRACTOR will obtain from the c1ient.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
t.
'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 (he 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 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 138 J 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 t6:'the number of employees who utilize the EAP
\
4
services 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 paylscontlngent upon an annual appropriation from
the COUNTY's Board of County Commissioners. If tlJ.e Boord fails to appropriate funds, the
COUNTY's Human Resources Director must immediately notify the CONTRACTOR to cease all
EAP services. The CONTRACTOR will then be paid the pro-rota 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'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:1al counseling
services to employees U/ider the EAP are competent to perform such services, will perform
such services with a high standard of professional 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.
J 3) Before the commencement of provIding 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
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
. I
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 feelGnder the contract or damages of any
kind or amount based on any theory of liability. ..
16) Either party may terminafe this contract because of the failure of the other party
to perform its obligations under this contract. 'IHhe 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 dar:nage 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 compensat~.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 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 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 J 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.
J,
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
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3 of Ordinance No. 0 I 0-1990. 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
Ihe 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
Jiligation 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:
Depf. of Human Resources
Public Service Building
5 J 00 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
By
~
Deputy lerk
08 - / 9 - 9 7
;,'
By
Date
I"
(CORPORATE SEAL)
Attest:
MENTAL HEALTH CARE CENTER
.OF THE LOWER KEYS, INC.
By
Secretary
BY~Pb~
President
Date:
con2eop
B
8
ATTACHMENT "A n
1996 Edition
RISK MANAGEMENT
POLICY ANIl." PROCEDURES
CONTRACTADMINIST~TION
MANUAL
General Insurance 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 obtained 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 requited insurance has
been furnished to the County as specified below. 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,
ClKcept 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 ma:intain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either: '. .
.
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.
Administration Instruction
#4709.2
14
ATl'ACBMEN.r n An
1996 Edition
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, .except for Workers' Compensation. '.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Wa.iver of Insurance Requirements" and
approved by Monroe County Risk Manageme~t/
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Administration Instruction
114709.2
15
. ATTACHMENT "A"
J 996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT .....
: I' .:
BETWEEN
MONROE COUNTY, FLOIUDA
AND
" ."
MENl.'At HEALTH CARE CI!N1'ER OF THE LCI9ER KEYS, me.
D/B/A CARE CENl'ER FOO MENTAL 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, eac~employee
Coverage ~hall be maintained throughout the e~tire -term of the contract.
Goverage shall be provided by a company or c'oqlpanies 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 the Contractor's status. The Contractor may be
required to submit a Letter of Authoriiation issued 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 of Insurance 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
114709.2
88
AT'l'ACHMFNr n A n
1996 Edition
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
MENTAL HFALTB CARE Cm.rER OF THE r.ama KEYS, INC.
D/B/A CARE ~TER Pm MmTAL HEALTH
INSURANCE :REQUIREMENTS
FOR
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 Diul)age
The mini1l1um limits acceptable shall be:
$500,000 Combined Single Limit (CSL),
'.
. .
If split 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 requirements.
Administration Instruction
#4709.2
. GL2
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55
AT'l'ACHMEN"11 "An
J 996 Edition
CONTRACT
BETWEEN
MQNROE COUNTY, FLORIDA
AND
MENl'AL HEALTH CARE ~ OF THE LamR KEYS,
D/B/A CARE CENrER FOR MENl'AL HEALTH
'"
. VEmCLELIABILITY
INSURANCE REQUIREMENTS
. FOR
INC.
Recognizing that the work governed by this contract 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 incluCle, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
..
The minimum limits acceptable shall be:
$300,000 Combined "Single Limit (CSt) .
If split limits are provided, the minimum limits:acceptable shall be:
"
.
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
J.'
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
#4709.2
82
ATTACHMENT "AIf
1996 Edition
.. !'
MEDICAL PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
MIWrAL HEALTH CARE CENrER OF THE LatER ItEm, INC.
D/B/A/ CARE ~ ~ MEN'l'AL BEALTH
Recognizing that the work governed by this contract involves the providing of professional
medical treatment, the Contractor shaH purchase and maintain, 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/$3,000,000'Aggregate.
'". .
Ifcoverage is provided on a '~laims made basi~, an extended claims reporting period of four (4)
years will be required. .'. '.
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Administration fnstruction
#4709.2
69
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PUBLIC ENTITY CRBMlE STATEMENT
II A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may: riot submit bids on leases of real
property to public entity, may not be . awarded or perform work as a
contractor, supplier, subcontractor, or:consultant under, a contract with any
public entity, and may not transact business...with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO ($ )for a period of36 months fr~m the date of being placed on the
convicted vendor list."
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