Item C10 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6-17-2009 Division: _County Administrator
Bulk Item: Yes _X No _ Department: Social Services/In-Home Services_
Staff Contact Person/Phone #: Sheryl Graham/X4510
AGENDA ITEM WORDING: Approval of Continuation of a contract between Monroe County
Board of County Commissioners and S.T.E.P.S in the Right Direction, Inc., a 501(c)(3) home health
agency, to provide direct in-home services for the elderly and disabled as provided under grants to
Monroe County from the Alliance for Aging (e.g., CCE and OAA) and the Department of Children and
Families (e.g., CCDA)
ITEM BACKGROUND: Monroe County is the Lead Agency for Case Management/CCE by the
alliance for Aging, Inc had has the CCE, OAA and HCE grants to provide in-home services for the
elderly. The County also has a grant by DCF under CCDA to provide in-home services for the disabled.
Approval will allow S.T.E.P.S. in the Right Direction, a Hialeah based 501(c)(3), home-health agency
to continue to be the primary subcontractor for emergency home repair/housing improvement and
material aid services. And continue to be a secondary subcontractor for substitute/as needed in-home
respite, homemaker, personal care, and chore services in the event that VNA does not have sufficient
resources to provide needed services on a particular day. Only service hours authorized by Monroe
County Social Services Department will be paid to S.T.E.P.S
PREVIOUS RELEVANT BOCC ACTION: Approval on 9/17/08 of the S.T.E.P.S. Contract for
Fiscal Year 7/1/08 through 6/30/09.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: Approx. $30,000.00 INDIRECT COST: _-0-_BUDGETED: Yes No
COST TO COUNTY: Approx. $30,000.00 SOURCE OF FUNDS: Grants
REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/PurchasingX_Risk Management_X_
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 1/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: S.T.E.P.S. in the Right Direction Contract
Effective Date: July 1, 2009
Expiration Date: June 30, 2010
Contract Purpose/Description: Approval of the contract between the Monroe County Board of County
Commissioners (Monroe County Social Services/In-Home Services Program) and S.T.E.P.S in the Right
Direction, Inc for Fiscal year July 1, 2008 through June 30, 2010. S.T.E.P.S. will continue to be the primary
provider of emergency home repair/home improvement and material aid services as defined by the Alliance for
Aging. And continue to be a secondary provider for respite, homemaker, personal care and chore services.
Contract Manager: Sheryl Graham 4510 Social Services/Stop 1
(Name) (Ext.) (Department/Stop #)
For BOCC meeting on 6/17/2009 Agenda Deadline: 6/2/2009
CONTRACT COSTS
Total Dollar Value of Contract: approx. $30,000.00 Current Year Portion: $
Budgeted? Yes X No Account Codes: _125_-_6153609 - -
125 -6153809 - - -
County Match: Required N/A - -
Additional Match: - - - -
Total Match$-0- ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
of included in dollar value above (e.g.Maintenance,utilities,janitorial,salaries,etc
CONTRACT REVIEW
Changes Date Out
Date In Ne evie er
Division Director ,nC Yes No
Risk Management 1 Yes No
O/B./Pu'fcHing I Yes No
County Attorney Yes No J 1
f
Comments:
OMB Form Revised 2/27/01 MCP 42
CONTRACT
THIS AGREEMENT, made and entered into this 1't day of July, 2009, A.D., by and
between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida
(hereinafter called the "Owner" or "County'), and S.T.E.P.S. in the Right Direction, Inc.,
(hereinafter called the "Contractor').
WHEREAS, the County provides in-home services to the elderly and disabled residing
throughout Monroe County; and
WHEREAS, the County receives funding from the Alliance for Aging, Inc., the Florida
Department of Children and Families, and the Florida Agency for Health Care Administration
for the purposes of providing in-home services countywide; and
WHEREAS, the County has provided in-home services to assist the vulnerable elderly
and/or disabled residents to remain in their homes and maintain independence for over 255 years;
and
WHEREAS, the County desires to contract for in-home services to ensure that such
services are available throughout the County; and
WHEREAS, Contractor is qualified and desires to provide in-home services;
NOW THEREFORE, in consideration of the mutual covenants and provisions contained
herein. the parties agree as follows: That the parties hereto, for the consideration hereinafter set
forth, mutually agree as follow:
1. THE CONTRACT
The contract between the Owner and the Contractor, of which this agreement is a part, consists
of the contract documents, which are as follows: This agreement and any amendments executed
by the parties hereafter, together with the response to RFP and all required insurance
documentation. In the event of a discrepancy between the documents, precedence shall be
determined by the order of the documents as just listed.
2. SCOPE OF THE WORK
The Contractor shall provide In-Home Services for the County. The Contractor warrants that it
is authorized by law to engage in the performance of the activities herein described, subject to
the terms and conditions set forth in these contract documents. The provider shall at all times
exercise independent, professional judgment and shall assume professional responsibility for the
services to be provided. Contractor shall provide services using the following standards, as a
minimum requirement:
A. The Contractor shall maintain adequate staffing levels to provide the services
required under this contract.
B. The personnel shall not be employees of or have any contractual relationship with
the County. CIF .4PPROPRLITE., To the e_vtcnt that Contractor uses
subcontractors Or independent cOW"cIctol's, this c(mtract speciticalh' rcg1tirc's that
the 10VI Of iiidependeiice ilor-nralli' excrcised by such subcontractors acid
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independent contractors be curtailed and that they be supervised by the
Contractor.]
C. All personnel engaged in performing services under this contract shall be fully
qualified, and, if required, to be authorized or permitted under State and local law
to perform such services.
3. PAYMENTS TO THE CONTRACTOR
The contractor shall submit to the County an invoice with supporting documentation acceptable
to the Clerk on a schedule as set forth in the contract. Acceptability to the Clerk is based on
generally accepted accounting principles and such laws, rules and regulations as may govern the
Clerk's disbursal of funds.
4. TERM OF CONTRACT
The term of this contract is for 1 R months, commencing on the I" day of July., 2009, and
ending on the _30th_ day of_June_, 2010. The County shall have the option to renew this
agreement for two (2) additional one-year periods. The contract amount agreed to herein may be
adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI)
for all urban consumers (CPI-U) for the most recent 12 months available.
5. CONTRACTOR'S RESPONSIBILITIES
A. The Contractor will perform only authorized in-home services in the homes of elderly and/or
disabled residents in the Areas 1, 2, 3, and 4 for the unit rate(s) specified herein. Only those in-
home services that are specifically authorized by the County as documented by the Social
Services Department, a department within the Community Services Division, will be
reimbursable. In-home services will be provided by the Contractor in accordance with DOEA
definitions/specification, by agencies that hold necessary licenses, and by individual workers
qualified to perform such services as detailed in Florida Department of Elder Affairs (DOEA)
1998 Client Services Manual (12/21/98) and the Home and Community Based Services, Draft
Handbook, January 2003, the State of FL Department of Children and Families (DCF) CFOP
140-8, Community Care for Disabled Adults (CODA), and in accordance with the Agency for
Health Care Administration (AHCA) guidelines as required and any subsequent modifications
thereto.
B. The in-home services Contractor will provide under these terms and conditions are
_X_respite care, X homemaker, X personal care, X chore, X emergency
home repair/housing improvement, and X material aid as defined by DOEA in the 1998
and 2003 draft handbooks, DCF CFOP 140-8 for CCDA, and AHCA guidelines as noted above
and any subsequent revisions thereto.
C. The Contractor will provide in-home services during the term of this contract for the unit
rates as agreed upon and that follow: S _24.00_/unit for respite care, $_24.00_ /unit for
homemaker, S 30.00_/unit for personal care, S_30.00_/unit for chore, S up to S 150.00 /unit
based on Contractor estimate as approved by County Social Services Department for emergency
home repair/housing improvement, and reimbursement for a unit of material aid based on
Contractor estimate as approved by County Social Services Department. A unit of each service
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in defined by DOEA in the 1998 and 2003 draft handbooks, DCF CFOP 140-8 for CCDA, and
AHCA guidelines as noted above and any subsequent revisions thereto. The number of units of
services performed for each client must be preauthorized by the County.
The Contractor can be reimbursed for authorized travel between client homes. Worker travel to
the home of the first client and worker travel from the home of the last client is not reimbursable.
Only eligible travel will be reimbursed that is properly documented on the State of Florida
Voucher for Reimbursement of Travel Expenses in accordance with FS 112.061 and Monroe
County approved reimbursement rate per mile.
D. The Contractor will provide the in-service(s) detailed in "B" above for the unit rate agreed
upon in "C" above in geographic Areas X 1, X 2, X 31 and X 4 in order to ensure
that in-home services are available in countywide.
E. The Contractor will in all cases provide in-home services within the timeframes required by
DOEA as defined by DOEA in the 1998 and 20003 handbooks, DCF CFOP 140-8 for CCDA,
and AHCA guidelines as noted above and any subsequent revisions thereto.
F. The Contractor agrees that the County Administrator will designate representatives to visit
the Contractor's facility(ies) periodically to conduct random open file evaluations and other
contract monitoring activities during the Contractor's normal business hours.
G. The Contractor has, and shall maintain throughout the term of this contract, appropriate
licenses and approvals required to conduct it's business, and that it will at all times conduct its
business activities in a reputable manner. Proof of such licenses and approvals shall be
submitted to the County upon request.
H. The Contractor must maintain approval status from the Alliance for Aging, Inc., Medicaid
Waiver Provider of Choice.
6. CONTRACTOR'S FINANCIAL RECORDS
Contractor shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to this Agreement or their authorized representatives shall have reasonable
and timely access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for four years following the termination of this
Agreement. If an auditor employed by the County or Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the monies were paid to Contractor.
7. PUBLIC ACCESS
The County and Contractor shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor
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in conjunction with this Agreement; and the County shall have the right to unilaterally cancel
this Agreement upon violation of this provision by Contractor.
8. HOLD HARMLESS AND INSURANCE
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners of Monroe County from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe County) and
any other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the Contractor or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of
omission of the Contractor or its Subcontractors in any tier, their employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached
forms identified as INSCKLST 1-5, as further detailed on forms WC1, GLI, GIR 1, and VL1,
each attached hereto and incorporated as part of this contract document, and all other
requirements found to be in the best interest of Monroe County as may be imposed by the
Monroe County Risk Management Department.
Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the
participation of the County and the Contractor in this Agreement and the acquisition of any
commercial liability insurance ,overage, self insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the County be required to contain any provision
for waiver.
9. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners of Monroe County. No
statement contained in this agreement shall be construed so as to find the Contractor or any of his
employees, contractors, servants, or agents to be employees of the Board of County
Commissioners of Monroe County.
10. NONDISCRIMINATION
County and Contractor agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. Contractor agrees to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-
1686). which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
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handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11)Any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
11. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners of Monroe
County and Contractor, which approval shall be subject to such conditions and provisions as the
Board may deem necessary. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall comply with all of the
provisions of this agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any additional obligation upon the board.
12. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Board to terminate this contract immediately upon delivery of written notice of
termination to the contractor. The contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract.
13. DISCLOSURE AND CONFLICT OF INTEREST
The Contractor represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect. 112.311,
et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and
will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
Upon execution of this contract, and thereafter as changes may require. the Contractor shall
notify the County of any financial interest it may have in any and all programs in 'Monroe
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County which the Contractor sponsors, endorses, recommends, supervises, or requires for
counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such
program is required by statute, as a condition of probation, or is provided on a voluntary basis.
The County and Contractor warrant that, in respect to itself, it has neither employed nor retained
any company or person, other than a bona fide employee working solely for it, to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona tide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the Contractor agrees
that the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
14. ARREARS
The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this contract.
15. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY:
Monroe County Administrator and County Attorney
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, Fl. 33041-1026
FOR CONTRACTOR:
Executive Director
S.T.E.P.S. in the Right Direction, Inc.
1651 West 37 Street, Suite 406
Hialeah, FL 33012
16. TAXES
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall
not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for
materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use
the County's Tax Exemption Number in securing such materials. The Contractor shall be
responsible for any and all taxes. or payments of withholding, related to services rendered under
this agreement.
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17. TERMINATION
The County may terminate this contract for cause with seven (7) days notice to the
contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the
services enumerated as the Contractor's obligations under this contract.
A. Either of the parties hereto may terminate this contract without cause by giving the other
party sixty(60) days written notice of its intention to do so.
18. GOVERNING LAW VENUE INTERPRETATION COSTS AND FEES
A. This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
B. In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that venue will
lie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
C. The County and Contractor agree that, in the event of conflicting interpretations of the terms
or a term of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
D. Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions
and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
E. Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
F. Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes
and disagreements shall be attempted to be resolved by meet and confer sessions between
representatives of each of the parties. If no resolution can be agreed upon within 30 days after
the first meet and confer session, the issue or issues shall be discussed at a public meeting of the
Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of
the parties, then any party shall have the right to seek such relief or remedy as may be provided
by this Agreement or by Florida law.
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G. Cooperation. In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, performance, or breach of this Agreement, County and
Contractor agree to participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. County and Contractor specifically agree that no
party to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
19. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the County and Contractor and their respective legal representatives, successors, and
assigns.
20. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
21. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain
federal and state funds to further the purpose of this Agreement; provided that all applications,
requests, grant proposals, and funding solicitations shall be approved by each party prior to
submission.
22, PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits of the
County shall apply to the same degree and extent to the performance of such functions and duties
of such officers, agents, volunteers, or employees outside the territorial limits of the County.
23. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance thereof by
any participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County, except to the
extent permitted by the Florida constitution, state statute, and case law.
24. NON-RELIANCE BY NON-PARTIES.
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the Contractor agree that neither the
County nor the Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of individuals,
entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior
to, or superior to the community in general or for the purposes contemplated in this Agreement.
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25. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably require, to include a Public
Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
26. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity, and no member,
officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
27. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument and any
of the parties hereto may execute this Agreement by singing any such counterpart.
28. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
29. MUTUAL REVIEW
This agreement has been carefully reviewed by the Contractor and the County. Therefore, this
agreement is not to be construed against any party on the basis of authorship.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
date first written above in four(4) counterparts, each of which shall, without proof or accounting
for the other counterparts, be deemed an original contract.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLOIDA
By: By:
Deputy Clerk Mayor/Chairman
(SEAL) S.T.E.P.S. IN THE RIGHT DIRECTION, INC.
Attest:
By: By:
WITNESS
Title: Title: f
BY HUE UvuN't'Y� iOFtf�EY
WITNESS PP OVER FORM:
Title:
9 PEDRO MERCADO
A. s_SI TAt0T TY ATTORNEY
Date_ _ Y
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
Indemnification and Hold Harmless
for
Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection with,
or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier,
occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its
Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
TCS
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RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
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 his 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 commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required 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 the contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and time,
except 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.
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 Contractors insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
(GIRL)
11
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 Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
(GIRD
12
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: In-Home Services
BETWEEN
MONROE COUNTY, FLORIDA
AND
S.T.E.P.S. in the Right Direction, Inc.
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 shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the State of
Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M.
Best Company.
If the Contractor has been approved by Florida's Department of Labor, as are authorized self-insurer, the
County shall recognize and honor the Contractor's status. The Contractor may be required to submit a
Letter of Authorization 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.
13
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: In-Home Services
BETWEEN
MONROE COUNTY, FLORIDA
AND
S.T.E.P.S. in the Right Direction, Inc.
Prior to the commencement of work governed by this contract, the Contractor shall
obtain General Liability 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 Damage
The minimum 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
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or 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.
(GL1)
14
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: In-Home Services
BETWEEN
MONROE COUNTY, FLORIDA
AND
S.T.E.P.S. in the Right Direction, 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 and include, as a minimum, liability coverage for:
• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
(GL1)
15
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate from the
standard insurance requirements specified within this manual. Recognizing this potential, and acting on
the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk
Management to waive and modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
• The County as being named as an Additional Insured—If a letter from the Insurance
Company (not the Agent) is presented, stating that they are unable or unwilling to name the
County as an Additional Insured, Risk Management has been granted the authority to waive
this provision.
and
• The Indemnification and Hold Harmless provisions
Waiving of insurance_rrovisions could expose the County to economic loss. For this reason, every
attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is
desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for
consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the County
Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the
Courts.
Should Risk Management deny the Waiver Request, the other party may file an appeal with the County
Administrator or the Board of County Commissioners, who retains the final decision-making authority.
16
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved Not Approved
Date:
Board of County Commissioners appeal:
Approved Not Approved
Meeting Date:
17
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required in the event an award is made to your firm. Please review this form with your
insurance agent and have him/her sign it in the place provided. It is also required that the
respondent sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
X Workers' Compensation Statutory Limits
WC 1 X Employers Liability $100,000/$500,0001$100,000
WC2 Employers Liability $500,000/$500,000/$500,000
WC3 Employers Liability $1,000,000/$1,000,000/$1,000,000
WCUSLH US Longshoremen & Same as Employers'
Harbor Workers Act Liability
WCJA Federal Jones Act Same As Employers'
Liability
(INSCKLST)
18
GENERAL LIABILITY
As a minimum, the required general liability coverage will include:
• Premises Operations • Products and Completed Operations
• Blanket Contractual • Personal Injury
• Expanded Definition
Of Property Damage
Required Limits:
GL1 X $100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
GL2 $250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
GL3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
GL4 $5,000,000 Combined Single Limit
Required Endorsement:
GLXCU Underground, Explosion and collapse(XCU)
GLLIQ Liquor Liability
GLS Security Services
All endorsements are required to have the same limits as the basic policy
(INSCKLST)
19
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
0 Owned; Non-owned; and hired Vehicles
Required Limits:
VL1 X $50,000 per Person; $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
VL2 $100,000 per Person; $300,000 per Occurrence
$ 50,000 Property Damage
or
$300,000 Combined Single Limit
VL3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
VL4 $5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
BR1 Builders' Limits equal to the
Risk completed project
MVC Motor Truck Limits equal to the maximum
Cargo value of any one shipment
PROI Professional $ 250,000 per Occurrence/$ 500,000 Agg.
PR02 Liability $ 500,000 per Occurrence/$1,000,000 Agg.
PR03 $1,000,000 per Occurrence/$2,000,000 Agg.
POL1 Pollution $ 500,000 per Occurrence/$ 1,000,000 Agg.
POL2 Liability $1,000,000 per Occurrence/$ 2,000,000 Agg.
POL3 $5,000,000 per Occurrence/$10,000,000 Agg.
ED 1 Employee $ 10,000
ED2 Dishonesty $100,000
GK 1 Garage $ 300,000($ 25,000 per Veh)
GK2 Keepers $ 500,000($100,000 per Veh)
GK3 $1,000,000($250,000 per Veh)
(INSCKLST)
20
MED1 Medical $ 250,000/$ 750,000 Agg.
MED2 Professional $ 500,000/$ 1,000,000 Agg.
MED3 $1,000,000/$3,000,000 Agg.
MED4 $5,000,0001$10,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
VLPl Hazardous $ 300,000(Requires MCS-90)
VLP2 Cargo $ 500,000(Requires MCS-90)
VLP3 Transporter $1,000,000(Requires MCS-90)
BLL Bailee Liability Maximum Value of Property
HKL1 Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $1,000,000
AIR Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIRS $50,000,000
AEOI _ Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg.
AEi;2 &Omissions $ 500,000 per Occurrence/S 1.000,000 Agg.
AE03 $1,000,000 per Occurrence/$3,000,000 Agg.
EO1 Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg.
E02 &Omissions $ 500,000 per Occurrence/$1,000,000 Agg.
E03 $1,000,000 per Occurrence/$3,000.000 Agg.
(INSCKLST)
21
INSURANCE AGENTS STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
Liability policies are Occurrence Claims Made
Insurance Agency Signature
BIDDERS STATEMENT
l understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder Signature
(INSCKLST)
22
_COKU, CERTIFICATE OF LIABILITY INSURANCE 10/23/08
PRODUCER PROVIDER PROFESSIONAL INS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4345 SW 72 AVE SUITE A HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
MIAMI, FL 33155 ALTER,THE COVERAGE AFFORDED BY THE POLICIES BELOW_ .
(305)740-5319
INSURERS AFFORDING COVERAGE NAIC#
INSURER A: WESTERN WORLD INSURANCE_CO
INSURED -- - _---- ----- --- --
S-T.E.P.S.IN THE RIGHT DIRECTION,INC
--
INSURER B:
-- — ------
1651 WEST 37TH STREET
INSURER C:
SUITE 406 INSURER D:
HIALEAH,FLORIDA 33012 INSURER E:
COVERAGES -------.---_-_-.
THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
-POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. —
INSR� ADD'L{ POLICY EFFECTIVE' POLICY EXPIRATION
VTR INSRDr_ TYPE OF INSURANCE POLICY NUMBER PATE(MnbDDm) DATE(MIWDD/YY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE 11300,000
DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY NPP1164556 09/28/08 09/28/09 PREMISES(Ea occurence) 50,000 —
_ — CLAIMS MADE E,/] OCCUR MED EXP(Anyone person) 5,000
PERSONAL&ADV INJURY 300,000
PROFESSIONAL
LIABLITY GENERALAGGREGATE 300,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 1300,000
POLICY PROJECT [ LOC
AUTOMOBILE LIABILITY_ I I COMBINED SINGLE LIMIT
ANY AUTO NO COVERAGE (Ea accident)
' ALL OWNED AUTOS
- BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON OWNED AUTOS (Per accident)
- --- - - PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT
NO COVERAGE - --- — - ---- --ANY AUTO OTHER THAN EA ACC
AUTO ONLY: AGG
- -
EXCESS LIABILITY EACH OCCURRENCE
NO COVERAGE — -- - - - -—
OCCUR CLAIMS MADE AGGREGATE
DEDUCTIBLE
RETENTION - --- - - -- -
WORKERS COMPENSATION AND NO COVERAGE WC STATU- OTH-
EMPLOYERS'LIABILITY _-=TORY LIMITS ---ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT
OFFICER!MEMBER EXCLUDED? --ACCIDENT— ---
If yes,describe under E.L.DISEASE-EA EMPLOYEE'; -
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT
OTHER - -
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
$250,00 DEDUCTIBLE UNDERWRITER 561-391-5534
STEVEN FINVER
HOME HEALTH CARE CLAIMS ARE PAID IN A PER CLAIM BASIS STANDARD POLICY PROVISION AND EXCLUSIONS APPLY NO ADDITIONAL
INSURED APPLY (300,000 PER CLAIM GENERAL/PROFESSIONAL LIABLITY)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
ADDITIONAL INSURED EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
MONROE COUNTY THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
BOARD OF COUNTY COMMISIONERS OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES.
KEY WEST, FLORIDA 33040 AUTHORIZED REPRESENTATI
ATTN:RISK MANAGER MARIO I OFARRILL
ACORD 25(2001/08) � � ACORD CORPORATION 1988
DTRT INS GRP INC
pR99RFff1YF'
2400 E COMMERCIAL 825
FT LAUDERDALE,FL 33308
954-772-8232
Policy number: 08126227-3
Underwritten by:
Progressive Express Ins Company
October 8,2008
Page 1 of 2
Certificate of Insurance
Certificate Holder Insured Agent
..............................................__._........._......................_...................,.................._.................................................................
Additional Insured STEPS IN THE RIGHT DTRT INS GRP INC
MONROE COUNTY BOARD OF COUNTY DIRECTION INC 2400 E COMMERCIAL 825
COMMISSONERS 1651 W 37TH ST#406 FT LAUDERDALE, FL 33308
1100 SIMONTON STREET HIALEAH, FL 33012
KEY WEST, FL 33040
This document certifies that insurance policies identified below have been issued by the designated insurer to the
insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no
rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies
listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations,
endorsements, and conditions of these policies.
_..._... ................................ .......................... ................. .... _...... .. . . ...... ..............
Policy Effective Date: Jun 17,2008 Policy Expiration Date: Jun 17, 2009
Insurance coverage(s) Limits
..................................................................................................................... ..._.. .. .. ........
Bodily Bodily Injury/Property Damage $1,000,000 Combined Single Limit
.....................................................I..........
. .. .. .__.. ........ ._.. ... .... .... ......
Uninsured Motorist $1,000,000 CSL Non-Stacked
_. .. .._............... ... .............._. ._..........................
_. .... _. ._ . . .. . .._ . . __.....
Personal Injury Protection $10,000 00 Ded-Named Insd & Relative
.................... ....... ...... ........ ............I. .. ...........
..
Employer's Non-Owned Auto BIPD $1,000,000 Combined Single Limit
.................................._................ ......................................................_ .... .................... .. . ... .. .. ..... .. . .. .. ...
Hired Auto Bodily Injury/Property Damage $1,000,000 Combined Single Limit
Description of Location/Vehicles/Special Items
Scheduled autos only
........_....................................._.... ............................................_............................................
2005 FORD CUTAWAY E350 SU 1 FDWE35LX5HA19420 Stated Amount $50,000 — --
Medical Payments $5,000
Comprehensive $500 Ded
Collision $500 Ded
Continued
Policy number: 08126227-3
Page 2 of 2
Certificate number
28208BFE227
Please be advised that additional insureds and loss payees will be notified in the event of a mid-term
cancellation.
Form 5241(10102)
ACORD CERTIFICATE OF LIABILITY INSURANCE I DATERAWDD/YYYY)
TM.PRODUCER Phone: 82 10/09/2008
SHARP INSURANCECE AGENCY Fax (3D5)825 e5di THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
6175 N W 153RD STREET,SUITE 304 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
MIAMI LAKES FL 33014 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
i
INSURERS AFFORDING COVERAGE NAIC#
i
INSURED INSURERA: Guarantee Insurance Company
S.T.E.P.S.IN THE RIGHT DIRECTIONS,INC INSURER B
1651 WEST 37 STREET
UNIT 406 (INSURER C:
HIALEAH FL 33012 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _
INSR TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATK)N Kv LIMBS
LiR xsR POLICY NUMBER DATE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE_ $
DAMAGE To RENTED $
PREMISES(Ea occ—)
CLAIMSMAOEE OCCUR MED.EXP(Any one parson) $
PERSONAL&ADV INJURY 3
GENLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRODUCTS-COMPIOP AGG S
POLICY JE a LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
ANY AUTO (Ea acadent) 3
ALL OWNED AUTOS I BODILY INJURY
SCHEDULED AUTOS (Per person) �S
HIRED AUTOS T
BODILY INJURY
NON-OWNED AUTOS (Per accdent)
PROPERTY DAMAGE ig
GARAGE LIABILITY (Per accident)
Y-EA ACCIDENT 3
ANY AUTO AUTO ONLY
OTHER THAN EA ACC 13
AUTO ONLY: AGG 3
EXCESS I UMBRELLA LIABILITY �I-E-A—CH—O—CCURRENCE S
OCCUR n CLAIMS MADE AGI GREGATE
1$
S
DEDUCTIBLE --
RETENTION 3 3
S
WORKERS S'UABNSATKkI AND GWRC010000027-108 D4119108 04/19/09 TORY IMITS OTHER _
EMPLOYERS LIABILITY
A ANY PROPRIETORIPARTNEIRJEXECUTIVE E.L.EACH ACCIDENT 3 100,000
OFFtCETtWM8ER EXCLUDED?
p y",dnabe urA., E.L.DISEASE-EA EMPLOYEE $ 100,000
SPECIAL PROVI310NS MIow EL DISEASE-POLICY LIMIT S 500,000
OTHER:
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
i
CERTIFICATE HOLDER CANCELLATION
The Monroe County Board of County Commissioners SHOULD ANY OF THE A804VE DESCRIBED POLICIES BE CANCELLED BEFORE THE
1100 Simonton Street EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL IO CAYS
Key West,FI.33040 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE
TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE MSURER,
ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
i
Attention:
ACORD 25(2001108) Ce^;ftcafe it 3122 ACCRD CORPORATION 988 n
CONTRACT
THIS AGREEMENT, made and entered into this 18th day of Tune, 2008, A.D.,
by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida
(hereinafter called the -Owner" or "County"), and Hospice of the Florida Keys, Inc. d/b/a
Visiting Nurse Association , (hereinafter called the -Contractor").
WHEREAS, the County provides In-Home services to the elderly and disabled residing
throughout Monroe County; and
WHEREAS, the County receives funding from the Alliance for Aging, Inc., the Florida
Department of Children and Families, and the Florida Agency for Health Care Administration
for the purposes of providing in-home services countywide; and
WHEREAS, the County has provided in-home services to assist the vulnerable elderly
and/or disabled residents to remain in their homes and maintain independence for over 25 years;
and
WHEREAS, the County desires to contract for in-home services to ensure that such
services are available throughout the County; and
WHEREAS, Contractor is qualified and desires to provide in-home services;
NOW THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties agree as follows: That the parties hereto, for the consideration hereinafter set
forth, mutually agree as follow:
1. THE CONTRACT
The contract between the Owner and the Contractor, of which this agreement is a part, consists
of the contract documents, which are as follows: This agreement and any amendments executed
by the parties hereafter, together with the response to RFP and all required insurance
documentation. In the event of a discrepancy between the documents, precedence shall be
determined by the order of the documents as just listed.
2. SCOPE OF THE WORK
The Contractor shall provide In-Home Services for the County. The Contractor warrants that it
is authorized by law to engage in the performance of the activities herein described, subject to
the terms and conditions set forth in these contract documents. The provider shall at all times
exercise independent, professional judgment and shall assume professional responsibility for the
services to be provided. Contractor shall provide services using the following standards as a %�
minimum requirement:
A. The Contractor shall maintain adequate staffing levels to provide the services
q re tared under this contract.
3
B. The personnel shall not be employees of or have any contractual relationship with
the County. [IF APPROPRIATE: To the extent that Contractor uses
subcontractors or independent contractors, this contract 9edficaly tvquires that the level of
independence normally exercised by such subcontractors and independent contractors be
curtailed and that they be supervised by the Contractor.]
C. All personnel engaged in performing services under this contract shall be fully
qualified, and, if required, to be authorized or permitted under State and local
law to perform such services.
3. PAYMENTS TO THE CONTRACTOR
A. The Contractor shall submit to the county an invoice with supporting
documentation acceptable to the Clerk on a weekly basis. Acceptability to
the Clerk is based on generally accepted accounting principles and such
laws,rules and regulations as may govern the Clerk's disbursement of
funds.
B. Upon Monroe County's receipt of said invoices Monroe County Clerk's
Office shall submit payment to the Contractor no later than four weeks
after receipt of invoice(s).
4. TERM OF CONTRACT
The term of this contract is for one year, commencing on the 1st day of u�l�,_2009,
and ending on the 30th day of June 2010. The County shall have the option to renew
this agreement for two (2) additional one-year periods. The contract amount agreed to herein may
be adjusted annually in accordance with the percentage change in the Consumer Price Index
(CPI) for all urban consumers (CPI-U) for the most recent 12 months available.
S. CONTRACTOR'S RESPONSIBILITIES
A. The Contractor will perform only authorized in-home services in the homes of
elderly and/or disabled residents in the Areas 1, 2, 3 and 4 for the unit rate(s)
specified herein. Only those in-home services that are specifically authorized by
the County as documented by the Social Services Department will be
reimbursable. In-Home Services will be provided by the Contractor
in accordance with DOEA definitions/specification, by agencies that hold
necessary licenses, and by individual workers qualified to perform such services
as detailed in Florida Department of Elder Affairs (DOEA) 2008 Client
Services Manual and the Home and Community Based Services, Draft
handbook, January 2003, the State of FL Department of Children & Families
(DCF) CFOP 140-8, Community Care for Disabled Adults (CCDA), and in
accordance with the Agency for Health Care Administration (AHCA) guidelines
as required and any subsequent modifications thereto.
B. The in-home services Contractor will provide under these terms and conditions
are X respite care, X homemaker, X personal care, X chore, _
_emergency home repair/housing improvement, and _material aid as
defined by DOEA in the 2003 and 2008 handbooks, DCF CFOP 140-8 for
1
CCDA, and AHCA guidelines as noted above and any subsequent revisions
thereto.
C. The Contractor will provide in-home services during the term of this contract
for the unit rates as agreed upon and that follow: 12DQQLU& for respite care,
$20.00/unit for homemaker, $25.00/unit for personal care, $25.00/unit for
chore, $ unit for emergency home repair/housing improvement, and I
for material aid. A unit for each service is defined by DOER in the 2003
and 2008 draft handbooks, DCF CFOP 140-8 for CCDA, and AHCA
guidelines as noted above and any subsequent revisions thereto. The number
of units of services performed for each client must be preauthorized by the
County
The Contractor will be reimbursed for all necessary travel for client's needs.
This can include travel to and in between client homes, from V.N.A. offices,
shopping for clients, etc. However, travel from worker's homes at the start of
the work day and travel to worker's homes at the end of the work day will not
be reimbursed.
D. The Contractor will provide the in-service(s) detailed in "B" above for the
unit rate agreed upon in "C" above in geographic Areas X 1, X2, X 3, and
X 4 in order to ensure that in-home services are available countywide.
E. The Contractor will in all cases provide in-home services within the
timeframes required by DOER as defined by DOEA in the 1998 and 2003
handbooks, DCF CFOP 140-8 for CCDA, and AHCA guidelines as noted
above and any subsequent revisions thereto. The Contractor agrees that the
County Administrator will designate representatives to visit the
Contractor's facility(ies) periodically to conduct random open file
evaluations and other contract monitoring activities during the Contractor's
normal business hours.
F. The Contractor has, and shall maintain throughout the term of this
contract, appropriate licenses and approvals required to conduct its
business, and that it will at all times conduct its business activities in a
reputable manner. Proof of such licenses and approvals shall be
submitted to the County upon request.
G. The Contractor must maintain approval status from the Alliance for
Aging, Inc., as a Medicaid Waiver Provider of Choice.
6. CONTRACTOR'S FINANCIAL RECORDS
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for six years following the termination of this Agreement. If an auditor employed by the
2
County or Clerk determines that monies paid to Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the Contractor
shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running
from the date the monies were paid to Contractor.
7. PUBLIC ACCESS
The County and Contractor shall allow and permit reasonable access to, and inspection of,
all documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and
Contractor in conjunction with this Agreement; and the County shall have the right to
unilaterally cancel this Agreement upon violation of this provision by Contractor.
8. HOLD HARMLESS AND INSURANCE
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board
of County Commissioners of Monroe County from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of in connection with, or by reason of services provided by the
Contractor or any of its Subcontractors) in any tier, occasioned by the negligence,
errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier,
their employees, or agents.
The extent of liability is in no way limited to,reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
Prior to execution of this agreement, the contractor shall furnish the ONvaer Cqocates
of Insuraucc indicating the OUVOxhUm coverage i ,di .at d 'by ao "'V* oa the
attached forms idunti t d IKSC " , 1-5,j a , Nn tl -d t it d on founs WC1, G 1, CM 1,
and V , each attached hereto and incorporated as part of this contract document, and
all other requirements found to be in the best interest of Monroe County as may be
imposed by the Monroe County Risk Management Department.
Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the
participation of the County and the Contractor in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by the County be required to contain any
provision for waiver.
9. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an
independent contractor and not an employee of the Board of County Commissioners of Monroe
3
County. No statement contained in this agreement shall be construed so as to find the Contractor
or any of his employees, contractors, servants, or agents to be employees of the
Board of County Commissioners of Monroe County.
10. NONDISCRIMINATION
County and Contractor agree that there will be no discrimination against any person, and it
is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. Contractor agrees to
comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.
1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section
504 of the Rehabilitation Act of 1973. as amended (20 USC s. 794). which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975. as amended
(42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service
Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights
Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
1201 Note), as maybe amended from time to time, relating to nondiscrimination on
the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting
discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age; and 11 )Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,
or the subject matter of, this Agreement.
11. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except
in writing and with the prior written approval of the Board of County Commissioners of
Monroe County and Contractor,which approval shall be subject to such conditions and provisions
as the Board may deem necessary. This paragraph shall be incorporated by reference
into any assignment or subcontract and any assignee or subcontractor shall comply with
all of the provisions of this agreement. Unless expressly provided for therein, such approval
shall in no manner or event be deemed to impose any additional obligation upon the board.
12. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
4
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Board to terminate this contract immediately upon delivery of written notice
of termination to the contractor. The contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract.
13. DISCLOSURE AND CONFLICT OF INTEREST
The Contractor represents that it, its directors, principles and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in
any manner with the performance of services required by this contract, as provided in Sect.
112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
Upon execution of this contract, and thereafter as changes may require, the Contractor shall
notify the County of any financial interest it may have in any and all programs in Monroe
County which the Contractor sponsors, endorses, recommends, supervises, or requires for
counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such
program is required by statute, as a condition of probation, or is provided on a voluntary basis.
The County and Contractor warrant that, in respect to itself, it has neither employed nor retained
any company or person, other than a bona fide employee working solely for it, to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the Contractor agrees
that the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage,gift, or consideration.
14. ARREARS
The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this contract.
15. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
5
FOR COUNTY:
Monroe County Administrator and County Attorney
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, Fl. 33041-1026
FOR CONTRACTOR:
Hospice of the Florida Keys, Inc. d/b/a Visiting Nurse
Association 1319 William Street
Key West, FL 33040
16. TAXES
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor
shall not be exempted by virtue of the County's exemption from paying sales tax to its
suppliers for materials used to fulfill its obligations under this contract, nor is the Contractor
authorized to use the County's Tax Exemption Number in securing such materials. The
Contractor shall be responsible for any and all taxes, or payments of withholding, related to
services rendered under this agreement.
17. TERMINATION
The County may terminate this contract for cause with seven (7) days notice to the
contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the
services enumerated as the Contractor's obligations under this contract.
A. Either of the parties hereto may terminate this contract without cause by
giving the other party sixty (60) days written notice of its intention to do so.
18. GOVERNING LAW VENUE INTERPRETATION COSTS AND FEES
A. This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida applicable to contracts made and to be performed
entirely in the State.
B. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, the County
and Contractor agree that venue will he in the appropriate court or before the
appropriate administrative body in Monroe County, Florida.
C. The County and Contractor agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between any of
them the issue shall be submitted to mediation prior to the institution of any other
administrative or legal proceeding.
D. Severability. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be
declared invalid or unenforceable to any extent by a court of competent
jurisdiction, the remaining terms, covenants, conditions and provisions of this
6
Agreement. shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of
the remaining terms, covenants, conditions and provisions of this Agreement
would prevent the accomplishment of the original intent of this Agreement. The
County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent
of the stricken provision.
E. Attorney's Fees and Costs. The County and Contractor agree that in the
event any cause of action or administrative proceeding is initiated or
defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an
award against the non-prevailing party, and shall include attorney's fees, courts
costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
F. Adjudication of Disputes or Disagreements. County and Contractor
agree that all disputes and disagreements shall be attempted to be resolved
by meet and confer sessions between representatives of each of the parties. If
no resolution can be agreed upon within 30 days after the first meet and confer
session, the issue or issues shall be discussed at a public meeting of the Board of
County Commissioners. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief
or remedy as may be provided by this Agreement or by Florida law.
G. Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or
breach of this Agreement, County and Contractor agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. County and Contractor
specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
19. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the County and Contractor and their respective legal representatives, successors,
and assigns.
20. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action,
as required by law.
7
21. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain
federal and state funds to further the purpose of this Agreement; provided that all
applications, requests, grant proposals, and funding solicitations shall be approved by each
party prior to submission.
22. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits of
the County shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents,volunteers, or employees outside the territorial limits of the County.
23. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
not shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution, state
statute, and case law.
24. NON-RELIANCE BY NON-PARTIES.
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the Contractor agree that neither the
County nor the Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of individuals,
entity or entities, have entitlements or benefits under this .Agreement separate and apart, inferior
to, or superior to the community in general or for the purposes contemplated in this Agreement.
25. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably require,to include a Public
Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
26. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or
be subject to any personal liability or accountability by reason of the execution of this Agreement.
27. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by singing any such
counterpart.
8
28. SECTION HEADINGS
Section headings have been inserted in this Agreement a s a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
29. MUTUAL REVIEW
This agreement has been carefully reviewed by the Contractor and the County. Therefore,
this agreement is not to be construed against any party on the basis of authorship.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first written above in four (4) counterparts, each of which shall, without proof or
accounting for the other counterparts,be deemed an original contract.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
(SEAL) HOSPICE OF THE FLORIDA KEYS, INC
d/b/a VISITING NURSE ASSOCIATION
t
By:
Title: ;IV,)AAJPP
Attest:
By: By:
WITNESS WITNESS
Tide: Title:
9
R�® CERTIFICATE OF LIABILITY INSURANCE OP ID A3 DATE(MM/DD/YYYY)
HOSPI-3 05/12/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Bouchard-Clearwater ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
101 Starcrest Drive HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P O Box 6090 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Clearwater FL 33758-6090
Phone: 727-447-6481 Fax:727-449-1267 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: American Altar ativ. Ins Co 19720
INSURER B:
Hospice of the Florida Keys
Greg Wheeler INSURER C:
1319 William St INSURER D:
Key West FL 33040-4736
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN K AIJU� POLICY EFFECTIVE I POLICY EXPIRATION
LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YYYY DATE MM/DD LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY VHHHHG305144203 03/10/09 03/10/10 PREMISES Eaoccurence $ 1,000,000
:X1CLAIMS MADE D OCCUR MED EXP(Any one person) $ 50,000
RETRO DATE 3/10/88 PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s3,000,000
X POLICY PRO- LOC Em Ben 1,000,000
JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO (Ea accident) $
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per accident) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $2,000,000
A OCCUR � CLAIMSMADE VHHHHU505007903 03/10/09 03/10/10 AGGREGATE $2,000,000
DEDUCTIBLE $
X RETENTION $O $
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY YIN TORY LIMITSI ER
ANY PROPRIETOR/PARTNER/EXECUTIVEM E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1 $
OTHER
A DIRECTORS &OFFICER VHHIHHID405010703 03/10/09 03/10/10 Liability 3,000,000
DED $2500 1 Aggregate 3,000 000
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
FORINFO DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
FOR INFORMATION PURPOSES ONLY REPRESENTATIVES.
AUTAQEIZfD ATNE
ACORD 25(2009/01) 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ADDENDUM 002
THIS ADDENDUM is entered into this 19`"day of November, 2008, A.D.,between the
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter called the
"County"), and Hospice of the Florida Keys, Inc. d/b/a Visiting Nurses Association, (hereinafter
call the"Contractor").
WHEREAS on June 18,2008, the parties entered a Contract for the purposes of providing in-
home services countywide.
The purpose of this Addendum is to make the following changes and clarification to said
contract:
1. Section 3 (Payments to the Contractor) of the Contract dated June 18,2008,shall be
amended to read:
A. The Contractor shall submit to the county an invoice with supporting
documentation acceptable to the Clerk on a weekly basis. Acceptability to the
Clerk is based on generally accepted accounting principles and such laws, rules
and regulations as may govern the Clerk's disbursement of funds.
B. Upon Monroe County's receipt of said invoices Monroe County Clerk's Office
shall submit payment to the Contractor no later than 6 weeks after receipt of
invoice(s).
1. Section 5(Contractor's Responsibilities)of the Contract dated June 18,2008, shall
be amended to read:
A. The Contractor will perform only authorized in-home services in the homes of
elderly and/or disabled residents in the Areas 1, 2, 3 and 4 for the unit rate(s)
specified herein. Only those in-home services that are specifically authorized by
the County as documented by the Social Services Department will be
reimbursable. In-Home Services will be provided by the Contractor in
accordance with DOEA definitions/specification, by agencies that hold necessary
licenses, and by individual workers qualified to perform such services as detailed
in Florida Department of Elder Affairs (DOEA) 2008 Client Services Manual
and the Home and Community Based Services, Draft handbook, January 2003,
the State of FL Department of Children&Families(DCF) CFOP 140-8,
Community Care for Disabled Adults (CCDA), and in accordance with the
Agency for Health Care Administration(AHCA) guidelines as required and any
subsequent modifications thereto.
B. The in-home services Contractor will provide under these terms and conditions
are X respite care, X homemaker, X personal care, X chore,
emergency home repair/housing improvement, and _material aid as defined
by DOER in the 2003 and 2008 handbooks, DCF CFOP 140-8 for CODA, and
AHCA guidelines as noted above and any subsequent revisions thereto.
C. The Contractor will provide in-home services during the term of this contract for
the unit rates as agreed upon and that follow: $19.00/unit for respite care,
$19.00/unit for homemaker, $25.00/unit for personal care, $25.00/unit for chore,
$ unit for emergency home repair/housing improvement, and$ /unit
for material aid. A unit for each service is defined by DOEA in the 2003 and
2008 draft handbooks,DCF CFOP 140-8 for CODA, and AHCA guidelines as
noted above and any subsequent revisions thereto. The number of units of
services performed for each client must be preauthorized by the County
The Contractor will be reimbursed for all necessary travel for client's needs. This
can include travel to and in between client homes, from V.N.A. offices, shopping for
clients, etc. However,travel from worker's homes at the start of the work day and
travel to worker's homes at the end of the work day will not be reimbursed.
E. The Contractor will in all cases provide in-home services within the timeframes
required by DOEA as defined by DOEA in the 2003 and 2008 handbooks, DCF
CFOP 140-8 for CODA, and AHCA guidelines as noted above and any subsequent
revisions thereto.
2. All changes in this addendum will be effective as of July 1,2008. The remaining
terms of the Contract entered into June 18,2008 and Addendum I to said contract,
not inconsistent herewith,shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
-'respetlye names.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
$ X+r
.I � rOIAGE, CLERK
By:
Mayor George R. Neugent
Deputy clerk
HOSPICE OF THE FLORIDA KEYS
d/b/a VISITING NURSES ASSOCIATION
Attest: By: '2� L
Liz erns president/CEO
By:
OR WITNESSES:
M GE GtOUN ' A T RNEY
PPR ED f:
P
ASSISTANT OuNT'`(ATTORNEY/O 6
Date