Item D42
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 21, 2006
Division: Budqet and Finance
Bulk Item Yes ~ No 0
Department: Grants Administration
Staff Contact Person: David P. Owens
AGENDA ITEM WORDING: Approval of contract with Florida Healthy Kids Corp.,
whereby Monroe County provides match for Healthy Kids proqram.
ITEM BACKGROUND: Healthy Kids provides comprehensive health insurance coveraqe
and preventative health care services.
PREVIOUS RELEVANT BOCC ACTION: Approval of match contract in previous years.
STAFF RECOMMENDATION: approval
TOTAL COST: 46,440.00
COST TO COUNTY: 46,440.00 /
BUDGETED: Yes ~ No 0
SOURCE OF FUNDS: ad valorem taxes
REVENUE PRODUCING: Yes 0 No ~ AMOUNT PER MONTH
YEAR
.",VI)/
APPROVED BY:COUNTY ATTY ~ OMB/PURCHASING 0 RISK MANAGEMENT
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DIVISION DIRECTOR APPROVAL: ~~~~
// Salvato e. pulla
DOCUMENTATION: INCLUDED: ~ NOT REQUIRED: 0
DISPOSITION:
AGENDA ITEM #:
MONROE: COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Florida Healthy Kids Corp. Effective Date: 07/0]/05
Expiration Date: 06/30/06
Contract Purpose/Description: Contract with Florida Healthy Kids Corp, regarding local match
and provision of Florida Healthy Kids Program Services.
Contract Manager: David P. Owens
(Name)
4482
(Ext.)
OMB/Grants Mgt.
(Department)
for Boec meeting on 06/21/06
Agenda Deadline: 06/06/06
CONTRACT COSTS
Total Dollar Value of Contract: $46,440.00 Current Year Portion: $46,440.00
Budgeted? Yes XX No Account Codes: 001-01511
Grant: $0.00
County Match: $46,440.00 (total contract
amount is county match)
Estimated Ongoing Costs: $0.00
(Not included in dollar value above)
ADDlTIONAL COSTS
For:
(eg. Maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Date Out
Division Director
Risk Management
O.~B./purehaSing _~J!l~ YesD NoD
County Attorney YesD NoGl
&./:JJdD b
#~
Comments:
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orvm Form Revised 9/l1/95 Mep 112
FINANCIAL AGREEMENT FOR LOCAL MATCH
Fiscal Year 2005-2006
BETWEEN
FLORIDA HEALTHY KIDS CORPORATION
AND
MONROE COUNTY
This Agreement is made and entered into this day of , 2006 by and
between Monroe County, Florida (Monroe County) and Florida Healthy Kids
Corporation (FHKC), a Florida not- for-profit corporation under Chapter 617, Florida
Statutes.
WHEREAS, the Florida Legislature enacted Chapter 624.91, Florida Statutes, creating
FHKC, to facilitate a program to provide comprehensive health insurance coverage and
preventative health care services to Florida's children who meet the eligibility standards
specified in that chapter;
WHEREAS, the 2005-2006 General Appropriations Act and Chapter 624.91 Florida
Statutes require that the FHKC develop and implement a policy for the provision of local
matching funds from each participating Monroe County through a specified formula for
the continuation of enrollment of non-Title XXI eligible Enrollees in the FHKC program
(Local Match);
WHEREAS, non-Title XXI eligible Enrollees are children from families with a total
family income below two hundred percent (200%) of the Federal Poverty Level who do
not qualify for Medicaid; and
WHEREAS, Local Match is necessary to cover the cost of non-Title XXI eligible
Enrollees;
W1-IEREAS, Monroe County has agreed to participate in the FHKC program for Monroe
County by providing funds to be applied to the Local Match for Monroe County and has
secured the funds committed to under this Agreement;
NOW THEREFORE, in consideration of the premises, FHKC and Monroe County enter
this Financial Agreement (Agreement) to provide a Local Match for Monroe County and
agree to be governed by the following terms:
1. Definitions
A. "Applicant" means a parent or guardian of a child or a child whose
disability of nonage has been removed under Chapter 743, who applies for
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determination of eligibility for health benefits coverage under ss. 409.8] 0-
409.820 F.S.
B. "Enrollee" means an individual who meets FHKC standards of eligibility
and has been enrolled in the Program.
C. "Florida Statutes" (F.S.) means the Florida Statutes as amended from time
to time by the Florida Legislature during the term of this Agreement.
D. "Program" means the program administered by FHKC as created by and
governed under section 624.91, F.S. and related state and federal laws.
E. "State Children's Health Insurance Program (SCHIP)" or "Title XXI"
shall mean the program created by the federal Balanced Budget Act of
1997 as Title XXI of the Social Security Act.
II. Monroe County, as an inducement to FHKC to continue a FHKC program for
non-Title XXI eligible Enrollees in Monroe County, agrees to contribute to the
Local Match in Monroe County as follows:
A. Monroe County agrees to provide a Local Match of forty-six thousand
four hundred and forty dollars ($46,440.00) for the period of July I, 2005
through June 30, 2006.
B. Monroe County agrees to be invoiced by FHKC on a monthly basis for
one-twelfth (1/]2) of that Local Match or three thousand eight hundred
and seventy dollars ($3,870.00) beginning July 2005.
C. Monroe County agrees to remit payment for the total amount due within
thirty (30) days of receipt of each invoice from FHKC. Monroe County
further agrees, due to FHKC's good faith provision of services in
accordance with section III despite delays in the execution of this
Agreement, to remit the total amount clue through April 30, 2006 within
thirty (30) clays of execution of this Agreement.
D. Monroe County's sole obligation under this Agreement is to provide
matching funds, contingent upon annual appropriation and contingent
upon FHKC's compliance with its obligations uncleI' this Agreement.
III. FHKC agrees, in consideration of the funds paicl by Monroe County under this
Agreement, as follows:
A. To provide comprehensive health insurance coverage uncler the Program
to each non-Title XXI eligible Enrollee who has met all eligibility
standards for enrollment established by FHKC.
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B. To invoice Monroe County 111 accordance with paragraph 1. B. Each
invoice shall be sent to:
David P. Owens
Grants Administrator, Monroe County
1100 Simonton Street
Key West, FL 33040
(305)292-4482
(305)292-4515 (fax)
C. FHKC 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 Monroe County or Clerk detem1ines that monies paid to FHKC
pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the FHKC shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running from the date the monies
were paid to FHKC.
IV. The non-payment of the Local Match under this Agreement entitles FHKC to
terminate coverage for non-Title XXI eligible Enrollees in Monroe County or take
other action deemed appropriate by the FHKC Board of Directors at the sole
discretion of FHKC.
V. Monroe County understands that upon execution of this Agreement by both
parties, FHKC will commence the expenditure of state funds to continue a FHKC
program in Monroe County. I f Monroe County fails to provide the Local Match
under this Agreement, FHKC is entitled to enforce the obligations of this
Agreement in accordance with the laws of the state of Florida and in such event
shall be entitled to additional reimbursement for attorney fees and costs incurred.
It is understood that the intent of this provision is to protect the children who are
non-Title XXI eligible Enrollees who receive health insurance benefits through
the FHKC program in Monroe County and rely upon the continuation of that
program. Notwithstanding the purpose 0 f the program, 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 elaim or entitlement to or benefit of any service
or program contemplated hereunder.
VI. This Agreement and all obligations owed by FHKC pursuant to it are subject to
continuation and approval of fundmg of FHKC by the appropriate federal, state,
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or local agencies.
VII. The provisions of this Agreement are not subject to assignment without the
express written consent of the other party.
VIII. Any amendments to this Agreement shall be 111 writing and approved by both
parties.
IX. This Agreement shaIl be governed by applicable state and federal laws as such
laws may be amended during the term of the Agreement. In the event any action
is brought to enforce the provisions of this Agreement, venue shall be in Monroe
County, Florida.
X. General conditions of contract required by Monroe County policies:
A. Attestations. FHKC agrees to execute such documents as Monroe County
may reasonably require, including a Public Entity Crime Statement, an
Ethics Statement, and a Drug-Free Workplace Statement.
B. Attorney's Fees and Costs. Monroe County and FHKC 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 appeIlate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement
shaIl be in accordance with the Florida Rules of Civil Procedure and usual
and customary procedures required by the circuit court of Monroe County.
C. 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 Monroe County and corporate action, as
required by law.
D. Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shaIl bind and inure to the benefit of Monroe County and
FHKC and their respective legal representatives, successors, and assigns.
E. Claims for Federal or State Aid. Monroe County may 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 shaIl be approved by FHKC prior to submission.
F. Covenant of No Interest. Monroe County and FHKC covenant that neither
presently has any interest, and shall not acquire any interest, which would
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contlict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive
benefits as recited in this Agreement.
G. 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 signing any such
counterpart.
H. 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 Monroe County, except to the extent permitted by
the Florida constitution, state statute, and case law.
1. Nondiscrimination. Monroe County and FHKC 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.
Monroe County or FHKC agree 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. 681-1683, 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. 6101-61(7) 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 patient records; 8)
Title VIlT 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)
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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.
J. Non- Waiver ofImmunity. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of Monroe County and the FHKC 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 Monroe County
be required to contain any provision for waiver.
K. No Solicitation/Payment. Monroe County and FHKC 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, FHKC
agrees that Monroe 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, commlSSlOn,
percentage, gift, or consideration.
L. 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.
M. 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 Monroe County, when performing their respective functions
under this Agreement within the territorial limits of Monroe 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 Monroe County.
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N. Public Access. Monroe County and FHKC shall allow and pemlit
reasonable access to, and inspection of, all documents, papers, letters or
other materials in its possession or under its control which are subject to
the provisions of Chapter 119, Florida Statutes, and made or received by
Monroe County and FHKC in conjunction with this Agreement unless
disclosure is prohibited under state or federal law. Monroe County shall
have the right to unilaterally cancel this Agreement upon violation of this
provision by FHKC. Both parties recognize that certain records are
exempt or excepted from the public records requirements and this
provision shall not attach to records exempt or excepted by law from
disclosure.
O. 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.
Xl. This Agreement shall be in effect from the date of its execution by both parties,
and shall remain in effect until all obligations under this Agreement have been
satisfied.
[Signature Page Followsl
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IN WITNESS WI-IEREOF, the Parties have caused this Agreement to be executed by
their undersigned officials as duly authorized.
DONE this __ day of
,2006.
Monroe County:
Florida lIealthy Kids Corporation:
Rose NafC, Executive Director
Subscribed and sworn to me,
this day of ......._____, 2006.
Subscribed and sworn to me,
this day of
2006.
Notary Public
Notary Public
--- ---..- ~- ~ ^^-"--,.~^-- -- ~,,-,----
My Commission Expires:
My Commission Expires:
1.
WITNESS
1.
W rrN ESS
-
PRINT NAME
PRINT NAME
2.
2.
W ITN ESS
WITNESS
PRINT NAME
PRINT NAME
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