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FY1993 12/09/1992 A G R E E MEN T AGREEMENT, made as of the ~ day of Y e tt"""'-DW 1992, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" and the MONROE ASSOCIATION FOR RETARDED CITIZENS, hereinafter referred to as "Association." WHEREAS, the Board is authorized by Chapter 70.290, Laws of Florida, 1970 , to expend from the Board I s General Revenue Fund such sums as are deemed necessary and advisable {-or thEtocat:el, treatment and rehabilitation of the retarded irihabita~s ~ Monroe County, and ;g .; WHEREAS, the Association provides residential care, t~inin.} schools, diagnostic and evaluation services, parent coun~lingJ and other programs for retarded adults of Monroe County, a~ ~~ WHEREAS, the Board wishes the Association to provid€' su~ii services to the retarded adults of Monroe County on a free and unrestricted basis as an aid in the Board's overall mental health program, now, therefore, IN CONSIDERATION of the promises made each to the other, the Board and the Association agree as follows: 1. AMOUNT OF AGREEMENT. The Board, in consideration of the Association satisfactorily performing the duties of the Board as to rendering service~ in matters of care, treatment and rehabilitation of retarded adults in Monroe County, shall pay to the Association the sum of Twenty Five Thousand Dollars ($25,000) for payment of personnel and operating expenses for fiscal year 1992-93. 2. TERM. This Agreement shall commence October 1, 1992, and terminate September 30, 1993, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be paid monthly as hereinafter set forth. On or before the 15th of each month, the Association shall submit to the Board its request for reimbursement. Evidence of payment shall be in the form of cancelled checks submitted by the Association to the Board. After the Clerk of the Board examines and approves the monthly request for reimbursement, the Board shall reimburse the Association. However, the total of said monthly payments in the aggregate sum shall not exceed the total amount of Twenty Five Thousand ($25,000) during the term of this agreement. 4. SCOPE OF SERVICES. The Association, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and carry out the duties of the Board in providing services in the area of: (a) Residential care (b) Diagnostic and evaluation services (c) Sheltered workshop (d) Case work service (e) Training schools (f) Other related services for retarded citizens of Monroe County, as far as practical with the funds to be provided by the Board. 5. STANDARD OF CARE. The services provided shall meet the standards of the State Division of Mental Health and Division of Mental Retardation. 6. RECORDS. The Association shall maintain appropriate records to insure a proper accounting of all funds and expenditures, and shall provide a clear financial audit trail to allow for full accountability of funds received from said Board. Access to these records shall be provided during weekdays, 8 a.m. to 5 p.m., upon request of the Board, the State of Florida, or authorized agents and representatives of the Board or State. The Association shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General of the State of Florida, the Clerk of Court for Monroe County, an independent auditor, or their agents and representatives. In the event of an audit exception, the current fiscal year contract amount or subsequent fiscal year contract amounts shall be offset by the amount of the audit exception. In the event this agreement is not renewed or continued in subsequent years through new or amended contracts, the 2 Association shall be billed by the Board for the amount of the audit exception and the Association shall promptly repay any audit exception. 7. INDEMNIFICATION AND HOLD HARMLESS. The Association covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily 1nJury (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 rendered under this agreement by the Association or any of its agents, employees, officers, subcontractors, in any tier, occasioned by the negligence or other wrongful act or omission of the Association or its subcontractors in any tier, their employees or agents. In the event the completion of services is delayed or suspended as a result of the Association's failure to purchase or maintain required insurance, the Association shall indemnify the Board from any and all increased expenses resulting from such delay. The first Ten Dollars ($10.00) of remuneration paid to the Association is for the indemnification provided above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 8. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Association is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the Association or any of its employees, contractors, servants or agents to be employees of the Board. 9. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the Association 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 or regulations shall constitute a material breach of this agreement and shall entitle the Board to 3 terminate this contract immediately upon delivery of written notice of termination to the Association. 10. PROFESSIONAL RESPONSIBILITY AND LICENSING. The Association shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the Association's program and staff. 11. INSURANCE. The Association shall obtain, prior to the commencement of work governed by this agreement, at the Association's own expense, that insurance specified in the insurance requirements forms for worker's compensation, general liability, vehicle liability and professional liability, which forms are attached hereto and incorporated herein by reference. The Association will also insure that all subcontractors, in any tier, have obtained the insurance as specified in the attached schedules. The Association will not be reimbursed for any work commenced prior to coverage with required insurance. The Association will not be reimbursed for any services governed by this contract until satisfactory evidence of the required insurance has been furnished to the Board via either Monroe County's certificate of insurance or a certified copy of the actual insurance policy. Delays in the commencement of work, resulting from the failure of the Association to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this agreement. The Association and any subcontractors shall maintain the required insurance throughout the entire term of this agreement. Failure to comply with this provision may result in the immediate termination of reimbursement. The Board, at its sole option, has the right to request a certified copy of any or all insurance policies required by this agreement. If a certificate of insurance is provided, the County-prepared form must be used. "Accord Forms" are not acceptable. 4 All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of forty-five (45) days prior notification is given to the Board by the insurer. The standard language of "endeavor to provide notification" is insufficient. The acceptance and/or approval of the Association's and subcontractor I s insurance shall not be construed as relieving the Association or subcontractor from any liability or obligation assumed under this agreement or imposed by law. Monroe County, Monroe County Board of County Commissioners, its employees and officials shall be included as "additional insureds" on all policies, except for worker's compensation. Any deviations from these general insurance requirements must be requested in writing on the County-prepared form entitled "Request for Waiver or Modification of Insurance Requirements" and approved by Monroe County's Risk Manager. 12. MODIFICATIONS AND AMENDMENTS. Any and all modifica- tions of the services and/or reimbursement of services shall be amended by an agreement amendment, which must be approved in writing by the Board. 13. NO ASSIGNMENT. The Association shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the Association. 14. NON-DISCRIMINATION. The Association shall not discriminate against any person on the basis of race, creed, color, national origin, sex or sexual orientation, age, physical handicap, or any other characteristic or aspect which is not job-related in its recruiting, hiring, promoting, terminating or any other area affecting employment under this agreement. At all 5 times, the Association shall comply with all applicable laws and regulations with regard to employing the most qualified person(s) for positions under this agreement. The Association shall not discriminate against any person on the basis of race, creed, color, national origin, sex or sexual orientation, age, physical handicap, financial status or any other characteristic or aspect in its providing of services. 15. AUTHORIZED SIGNATORY. The signatory for the Association, below, certifies and warrants that: (a) The Association's name in this agreement is the full name as designated in its corporate charter, if a corporation, or the full name under which the Association is authorized to do business in the State of Florida; (b) He or she is empowered to act and contract for the Association; and (c) Directors This of agreement has been approved the Association, if the by the Board Association is of a corporation. 16. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt requested, to the other party as follows: For Board: Monroe County Attorney 310 Fleming St., Rm. 29 Key West, Florida 33040 For Association: Executive Director P.O. Box 428 Key West, Florida 33041 17. CONSENT TO JURISDICTION. This agreement shall be construed by and governed under the laws of the State of Florida and venue for any action arising under this agreement shall be in Monroe County, Florida. 6 18. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the Association shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 19. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Association. The Board shall not be obligated to pay for any services or goods provided by the Association after the Association has received written notice of termination, unless otherwise required by law. 20. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. 21. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the Association and the Board. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By..Qnl,^' C. ~~ ~puty Cl~r By COUNTY COMMISSIONERS OUNTY, FLORIDA -- X1d~ ,~~ _/2)I~~ 9AA~' J . Wi esses MONROE ASSOCIATION FOR RETARDE C TIZENS '"--, rector , ,.r------- By 7 ~E~;/;?;~'C~ B ; E.'.._',_ ,-,....h ' . .' . (:,.ttom,' dieD Doto I~ '2.S 92- ( GENERAL LIABILITY INSURANCE REQUIREMENTS .~OP CONTRACT. BETWEEN MONROE COUNTY, FLORIDA ANn 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: o Premises Operations o Products and Completed operations o Blanket Contractual Liability o Personal Injury Liability o E:(panded Definition of Property Damage o Medical Payments ( The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) $ 5,000 Medical Payments If split limits are provided, the minimum limits acceptable shall be: $250,000 per Person $500,000 per Occurrence $ 50,000 Property Damage $ 5,000 Medical Payments 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. Monroe County and Monroe County's Board of County Commissioners shall be named as Additional Insureds on all pOlicies issued to satisfy the above requirements. GL2 . I ( VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: o Owned, Non-Owned, and Hired Vehicles o Medical Payments The minimum limits acceptable shall be: $300,000 Combined single Limit (CSL) $ 5,000 Medical Payments ( If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage $ 5,000 Medical Payments Monroe County and Monroe County's Board of County Commissioners shall be named as Additional Insureds on all pOlicies issued to satisfy the above requirements. VL2 . ~ WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state's statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $200,000 Bodily Injury by Disease, each employee $200,000 Bodily Injury by Disease, policy limits 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 th7 A.M. Best Company. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor shall 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 will be required to submit updated financial statements from the fund upon request from the County. , ~l' ( PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the contractor arising out of work governed by this contract. The minimum limits of liability shall be: $500,000 per Occurrence ( PR02" O~~rY ~o~~~~E (305) 294-4641 BOARD OF COUNTY COMMISSIONERS MAYOR, Jack London, District 2 Mayor Pro Tem, A Earl Cheal, District 4 Wilhelmina Harvey, District 1 Shirley Freeman, District 3 Mary Kay Reich, District 5 MEMORANDUM To: Beth Leto County Attorney's Office Kay Bahleda ~ Risk Management From: Date: April 7, 1993 Subject: MONROE ASSOCIATION FOR RETARDED CITIZENS, INC WORKER'S COMP/EMPLOYERS' LIABILITY INSURANCE Attached please find an original Certificate of Insurance for Worker's Compensation/Employer's Liability for subject funding agreement. This certificate (coupled with previously received General Liabil- ity/Professional Liability and Vehicle Liability certificates) consistutes insurance sufficiency for this contract. If you have any questions, please call. ill':. j?!(~B fl'tWr;:'>. ,.@ ""di;.,l:;'~."ilr,~ ;'~ \"'~I !~'''\~, '.'. .J ~:':j ~~:' ,-;;.-m '0;.", ~ J ~:ij. : I JiJ.v'eo '~ #J IWR 7 1993 COUNTY ArTY I A.D..lllt. , I PRODUCER i THE PORTER ALLEN COMPANY 513 SOUTHARD STREET KEY WEST,FLA. 33040 CERTIRCATE OF INSURANCE ISSUE DATE (MM/DDfYY) 4/6/93 THIS CERTIFICATEis ISSUED AS A MATTER OF INFORMATION ONLY AND . CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 1-305-294-2542 t~~NY A GOVERNMENTAL RISK TRUST INSURED MONROE ASSOCIATION FOR RETARDED CITIZENS, INC. P.O. BOX 428 KEY WEST,FLA. 33040 COMPANY B LETTER Recei~ Risk Mgmt, &. Lo~ contr~OI DATE ~ -7 7i3_ INITIAL '--;(Q!3 I --- I-f6a" ~~~~~NY C f~T~~~NY D f~~~~NY E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDlTlON 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 TI;.F:!f)lS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. C~ 'TYI. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRA nON DATE (MMfODfYY) DATE (MMIDD/VY) LIMITS '( -? -fJ AUTOMOBILE LIABILITY ANY AUTO All OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ UfO. EXPENSE (Any on8 person) $ ,"_,__"_'__~_"__~m____" __"'__'~_ I I _J GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR. OWNER'S & CONTRACTOR'S PROTo COMBINED SINGLE $ LIMIT BQDll Y INJURY $ (Per person) BODILY INJURY $ (Per accident) _.~ROPERTY.~AMAG~_~___~____,,__._I EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE AGGREGATE $ $ 7/20/92 7/20/93 STATUTORY liMITS EACH ACCIDENT S DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ A WORKER'S COMPENSATION ANO EMPLOYERS' LIABILITY 00113 100,000 500,000 100,000__ I I I I ! OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS I CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOARD OF COUNTY JR. COLLEGE ROAD KEY WEST,FLA. 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE COMMISSIONER~xPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ----.!9DAYS WRITTEN TICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT RE A CH NOTICE SHALL IMPOSE NO OBLIGATION OR L1ABILlT Y. I HE COMPANY, ITS AGENTS OR REPRESENTATIVES. I I I @ACOROCORPORATION 1990 I I l~~R~.25-S_!?:/IMlL. A.~..lm. CERTIFICATE OF INSURANCE ISSUE OA TE (MM/ODIYYI X 3/Ul/93 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTlFICA TE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES. BELOW. ... .. ._..... ___. ..''......_.._...._..._._.____..... ...... PRODUCER PHILADELPHIA .INSURANCE COMPANIES 600 Courtland St" #150 Orlando, FL 32804 COMPANIES AFFORDING COVERAGE MONROE ASSOCIATION FOR RETARDED CITIZENS, INC; P.O. Box 428 Key West, FL 33041-0428 COMPANY A_ LETTER . NORTH AMERICAN SPECIALTY IN~CE COMPANY COMPANY B . IV. r, Ie L ,,1""-1) LETTER lj~-A.{CL.'/"Z"C'" ~ './ (f:1. 'LA.-. f~T'1.~NY C Y 1 ReceiVtld LJ / It' ) (1 Risk Mgmt. & Loss Control -/ 1 '/') =~'W9JDr/ COMPANY D l.ETTER INSURED COMPANY E LETTEA 'COVERAGES THIS IS 10 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 00' LTR, TVP. OF INSURANCI POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YYl DATE (MMlOONY) LIMITS , G~NI!RAL LIABIUTY A i X ! COMMERCIAL GENERAL LIABILITY t... ,..,. ,. : CLAIMS MADE, X . OCCUR. : OWNER'S & CONTRAOTOR'S PROTo l-.' 37003CA00502-00 06/08/92 GENERA' AGGReGATE if ,660,000 06/08/93 PROOUCTS.COMP/OP AGG. '1,000.000 PERSONAL. AOV. 'NJURY '1 , 000 , 000 EACH OCCURRENCE '1 ,000,000 FIRE OAMAGe IAn, one "",. 50,000 .. ..!"~~..~~!~~!.~.!?'~~!.......... _.5,000 COMBINED,SINGlE lIMIT I 300,000 I. .. ,,' r-' A_~:OMOBILE, LIABILITY '-J AN.... AUTO . . , ALL OWNEO AUTOS Ac . Ci~ SCHEOIJLED AUTOS ~.....".".~=- ::'" ", GARAGE UABIL!TY , ,,' . . f EXCESS L1ABIUTY r~~] UMBRE~LA FOAM ( ;QTHERTHANUM8R~~~~~ WOFlKUI'S'COMPeNSA TION AND EMPLOYERS' LIABILITY PHPG100197 06/08/92 BODilY INJURY (Per par.on) 06/08/93 SODILY INJURY (p,r.ccld'nl) . . PROPERTY OAMAGE . e~~H"OCCURRENCE~-.--'s' ....~'"...~.. . AGGREGATE $ STATUTORY, LIMITS EACH ACCIDENT $ DISEASe-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ i OTHER I?ESCRIPTION OP OPERA1'IONSlt.OCATIOHSI'IEKICLESISPEC1A\. lUMS --....-.--....-............"'''. :CE.RTIFICATE HOLDER / ADDITIONAL INSURED . MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Key West, FL 33040 CANCELLATION i'ACORD25-S.,(?!.~OJ_ ..:. SHOULD ANY OF TH.E ABOVE DESCRIBED POLICIES BE CANCE'LED BEFORE THE EXPIRATION DATE 'THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL..l!2... DAYS WRiTTEN NOTICE TO THE CERTIFICATE HOLDeR NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHO RIIPRESENTATIVj" -i11 /l. . /' A-; '..1 .'/ . , , l ~~O#'cORPORATlON 1990