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Agenda - 06-08-2004-5l
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Agenda - 06-08-2004-5l
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8/29/2008 4:08:27 PM
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BOCC
Date
6/8/2004
Document Type
Agenda
Agenda Item
5l
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2004 S Personnel - MAGELLAN BEHAVIORAL HEALTH, INC Employee Assistance Program Contract Renewal
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2004
Minutes - 20040608
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\Board of County Commissioners\Minutes - Approved\2000's\2004
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3 .3 Emalovee Count. As of the Effective Date, the Employee Count will be as set forth on <br />Addendum A. If at any time prior to or during the Term, the number of Employees increases or decreases by more <br />than fifteen percent (15%) relative to the last reported Employee Count, Sponsor shall notify Magellan of such <br />change, and the basic fee(s) shall be adjusted in the next billing cycle to reflect the correct Employee Count. As <br />appropriate, such adjustments may be made retroactively provided that, Magellan shall not be obligated to make <br />retroactive adjustments for a period in excess of ninety (90) days. If Sponsor's Employee Count decreases to less than <br />ten (10) Employees in any billing cycle, Sponsor will be billed for a minimum of ten (10) Employees. <br />3.4 Provision of Services. <br />(a) Generally. Magellan, in its sole discretion, shall provide the Services hereunder either <br />through its employees or the employees of an Affiliate of Magellan, or by retaining, directly or indirectly through an <br />Affiliate of Magellan, independent contractors to provide the Services. <br />(b) Compliance with Law. Magellan shall obtain and maintain, at its sole expense, all <br />licenses and permits necessary for it to perform the Services, Sponsor agrees to provide such information and <br />documents as may be necessary to assist Magellan in obtaining or maintaining such licenses or permits. Magellan <br />and Sponsor agree to comply with all applicable Legal Requirements. <br />(c) Insurance,. Magellan agrees to obtain and maintain during the Term the following <br />insurance coverages: (a) comprehensive general liability in a minimum amount of three million dollars ($.3,000,000) <br />in the aggregate and one million dollars ($1,000,000) per occurrence (in excess of deductible amounts) and (b) <br />professional liability insurance in a minimum amount of five million dollars ($5,000,000) in the aggregate and per <br />occurrence (in excess of deductible amounts). <br />ARTICLE IV <br />MISCELLANEOUS <br />4.1 Survival.. In addition to those covenants and obligations, if any, specified elsewhere herein to <br />survive, the covenants and obligations contained in Sections 1 2 and 3.1 shall survive the termination of this <br />Agreement <br />4, 2 Notices, All notices and other communications hereunder shall be in writing and shall be deemed <br />to have been duly given when (i) delivered personally or (ii) received by the addressee, if sent by telecopier (receipt <br />confirmed by telephone), Express Mail, Federal Express or other express delivery service (receipt requested) or by <br />registered or certified mail, return receipt requested, in each case to the other party at the following addresses and <br />telecopier numbers (or to such other address or telecopier number for a party as shall be specified by like notice; <br />provided that notices of a change of address or telecopier number shall be effective only upon receipt thereof): <br />To Magellan: Magellan Behavioral Health, Inc. <br />10150 South Centennial Parkway <br />Sandy, Utah 84070 <br />Attention: Legal Department <br />telecopier: (801) 256-7088 <br />To Sponsor: the address set forth on Addendum A <br />4 3 Status of the Parties. Magellan and Sponsor agree that Magellan and all Providers are independent <br />contractors with respect to the Services performed under this Agreement and, except as otherwise specifically <br />provided in this Agreement, (a) no Provider is the agent of Magellan or Sponsor nor is any Provider authorized to act <br />on behalf of Magellan or Sponsor in any manner and (b) neither Magellan nor Sponsor is the agent of the other, nor <br />is either party authorized to act on behalf of the other in any manner. <br />Magellan Behavioral Health, Snc. <br />Growing Business Services Agreement <br />Rev. 3/08/09 <br />
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