Resolution 635-1988
R. Michael Managan, ACA
Division of Management
Services
RESOLUTION NO. 635-1988
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AUTHORIZING THE
MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A CONTRACT
BY AND BETWEEN THE STATE OF FLORIDA, DEPARTMENT
OF HEALTH AND REHABILITATIVE SERVICES AND MONROE
COUNTY CONCERNING THE PUBLIC HEALTH UNIT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute a contract by and between the
State of Florida, Department of Health and Rehabilitative
Services and Monroe County concerning the Public Health Unit
a copy of same attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ~.~ day of November, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By$/~/ ~
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
APPRO,/.Ct.l,::O FORJVI
1" "ClENyy.
BY, 9}~ '18J1/~AM1[ifc
~
,
STANDARD MODEL COl,ITRACT FORMAT FOR COUNTY PUBLIC HEALTH UNITS
CONTRACT BETWEEN
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AND
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
Pursuant to the Laws of Florida, Chapter 83-177 and 154, F.S. as revised, this
contract is entered into between the Department of Health and Rehabilitative
Services, hereinafter referred to as the "department," and MONROE
County, hereinafter referred to as the "county." This contract stipulates the
services that will be provided by the county public health unit, hereinafter
referred to as the CPHU, the sources and amount of funds that will be
committed to the provision of these services, the administrative and
programmatic requirements which will govern the use of these funds and the
respective responsibilities of the department and the county in enabling the
CPHU "to promote, protect, maintain, and improve the health and safety of its
citizens and visitors through "promotion of the public health, the control
and eradication of preventable diseases, and the provision of primary health
care for special populations."
1. General Provision:
Both parties agree that the CPHU shall:
A. provide services according to the conditions specified in
Attachment I and all other attachments to this contract; and
B. fund the services specified in Attachment II, Part IV, at the
funding level specified for each program service area in that
attachment.
II. Federal and State Laws and Regulations:
Both p~rties agree that the CPHU shall:
A.
comply with the provisions contained
Certificate, hereby incorporated into this
III;
in the Civil Rights
contract as Attachment
B. comply with the provisions of 45 CrR, Part 74, and
other applicable regulations if this contract contains
federal funds;
,ll"
"'-'I:~~i
,
C. comply with ~ll applicable standards, orders, or regulations
issued pursuant to the Clean Air Act as amended (42 USC 1857 et
seq.) and the Federal Yater Pollution Control Act-as amended (33
USC 1368 et seq.), if this contract contains federal funds and the
total co~t~act amount is over $lOO,OOO; and
D. comply with applicable sections of Chapter 427, Florida Statutes,
(Transportation Services) and Chapter 41-1, Florida Administrative
Code, (Coordinated Community Transportation Services) regarding
the provision of transportation services for the Transportation
Disadvantaged if this contract contains any state or federal funds
which are used to provide for direct or indirect (ancillary)
transportation services.
III. Records, Reports and Audits:
Both parties agree that the CPHU shall:
A. maintain books, records and documents in accordance with
accounting procedures and practices which sufficiently and
properly reflect all expenditures of funds provided by the
department, the county, and other sources under this contract.
Books, records and documents must be adequate to enable the CPHU
to comply with the following reporting requirements:
l. The revenue and expenditure requirements in the State
Automated Management Accounting System 2.2;
2. The client registration and service reporting requirements
of the minimum data set as specified in the Client
Information System/Health Management Component Manual and
any revisions subsequent to the January 1, 1984 version, or
the equivalent as approved by the State Health Office. Any
reporting system used by or on behalf of the CPHU to produce
the above information must provide data in a machine
readable format approved by the department which can be
transferred electronically to the Client Information System;
3. Financial procedures specified in the department's
Accounting Procedures Manuals and Accounting Memoranda:
'4. All appropriate CPHU employees shall report time in the
Client Information System/Health Management Component
compatible format by program component for at least the
sample periods specified by the department; and
5. Any other state and county program specific reporting
requirements detailed in attachments to this contract.
B. assure these records shall be subject during normal business hours
to inspection, review or audit by state or county personnel duly
authorized by the department or the county, as well as by federal
personnel;
2
---.,
,
C. retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract in
conformance with the retention schedules required in HRSM 15 -1,
"Records Management Manual;"
D. allow persons duly authorized by state or county, and federal
auditors,pursuant to 45 CFR, Part 74.24(a), (b), and (d) to have
full access to, arid the right to examine any of said records and
documents during said retention period; and
E. include these aforementioned audit and record-keeping requirements
in all approved subcontracts and assignments.
Both parties further agree that:
The department shall provide uniform financial statements of program
account balances for each level of service on a quarterly basis to the
county and to the director or administrator of the CPHU.
IV. Monitoring:
Both parties agree that, as either determines necessary, the department
and/or the county shall monitor the budget and services as detailed in
Attachment II and operated by the CPHU or its subcontractor or assignee.
V. Safeguarding Information:
B~th parties agree that the CPHU shall not use or disclose any
information concerning a recipient of services under this contract for
any purpose not in conformity with the state law, regulations or manual
(HRSM 50-I), and federal regulations (45 CFR, Part 205.50), except on
written consent of the recipient, or his responsible parent or guardian
when authorized by law.
VI. Assignments:
Both parties agree that the CPHU shall .not assign the responsibility of
this contract to another party without prior written approval of the
department and the county. No such approval by the department and the
county of any assignment shall be deemed in any event or in any manner
to provide for the incurrence of any obligation of the department or the
county in addition to the dollar amount agreed upon in this contract.
All such assignments shall be subject to the conditions of this contract
and to any conditions of approval that the department and, the county
shall deem necessary.
VII. Subcontracts:
Both parties agree
subcontracts with
that the CPHU
the approval of
shall be permitted to
the delegated authority
execute
in the
3
,
department for services necessary to enable the CPHU to carry out the
programs specified in this contract, provided that the amount of any
such subcontract shall not be for more than ten (10) percent of the
total value of this contract.
In the event that the CPHU needs to execute a subcontract for an amount
greater than tne (10) percent of the value of this contract, both
parties to this contract must agree in writing to such a subcontract
prior to its execution.
No subcontracts shall be deemed in any manner to provide for the incur-
rence of any obligation of the department or the county in addition to
the total dollar amount agreed upon in this contract. All such subcon-
tracts shall be subject to the conditions of this contract and to any
conditions of approval that the department and the county shall deem
necessary.
VIII .
Payment for Services:
A. The department agrees:
To pay for services identified in Attachment II as the state's
responsibility in an amount not to exceed $ 2,181,917 This
amount includes all revenues from whatever source to be appropri-
ated by the state to the Public Health Unit Trust Fund, including
the state's share of all public, personal or primary care fees.
The state's performance and obligation to pay under this contract
is contingent upon an annual appropriation by the Legislature.
B. The county agrees:
To pay for services identified in Attachment II as the county's
responsibility in an amount not to exceed $ 441,021
This amount includes all revenues from whatever sources to be
appropriated to the County Public Health Unit Trust Fund for
services provided by the county public health unit, including
the county I s share of all public, personal and primary care
fees.
IX. The Department and The County Mutually Agree:
A. Effective late:
1. This contract shall begin on October 1, 1988, or the date
on which the contract has been signed by both parties,
whichever is later.
2. This contract shall end on September 30, 1989.
4
I
B. Termination:
l. Termination because of lack of funds:
In the event funds to finance this contract become
unavailable, either party may terminate ~he c9ntract upon no
less than twenty-four hours notice in writing to the other
party. Said notice shall be delivered by certified mail,
return receipt requested, or in person with proof of
delivery. The department or the county shall be the final
authority as to the availability of their respective funds
as applicable. In case of cancellation due to the
unavailability of funds, staffing and services shall be
reduced appropriately.
2. Termination for breach:
Unless breach is waived by either party in writing, either
party may,. by written notice to the other party, terminate
this contract upon no less than twenty-four (24) hours
notice. Said notice shall be delivered by certified mail,
return receipt requested, or in person with proof of
delivery. If applicable, either party may employ the
default provisions in Chapter l3A-l, Florida Administrative
Code. Yaiver of breach of any provision of this contract
shall not be deemed to be a waiver of any other breach and
shall not be construed to be a modification of the terms of
the contract. The provisions herein do not limit either
party's right to remedies at law or to damages.
3. Termination at will:
This contract may be terminated by either party upon no less
than thirty (30) days notice, without cause. Said notice
shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery.
I
,
~
I
f
J
i
r
I
!I
I'
:1
"
II
:1
I
"
c.
Notice and contact:
The contract manager for the department for this contract is
Clyde C. Collins The representative of the county for
this contract is Thomas Brown In the
event that different representatives are designated by either
party after execution of this contract, notice of the name and
address of the new representative will be rendered iri writing to
the other party and said notification attached to originals of
this contract.
5
~ i
...-.,. .----,.- -~-""-----------.. .
,
D. Modification: .
Modifications of provisions of this ~ontract shall, unless
otherwise specified in Attachment I, only be enforceable when they
have been reduced to writing and duly signed by both parties to
this contrac t .
E. Name and address of payee:
The name and address of the official payee to whom the payment
shall be made: Public Health Unit Trust Fund, Monroe Countv.
Florida,
Public Service Bldg., Jr_ College Road, Key West FL 33040
F. All terms and conditions included:
This contract and its attachments as referenced, (Attachments I through
~), contain all the terms and conditions agreed upon by the parties.
In YITNESS THEREOF. the parties hereto have caused this ~ page contract to
be executed by their undersigned officials as duly authorized.
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES
COUNTY
BY:
BY:
NAME: Eugene R. Lytton. Sr.
NAME: J~_:~~:Le
TITLE: Mayor, Monroe County
TITLE:Arlm;n;~~ra~nr n;c~r;~~ XI
.
DATE:
DATE: :1 ,4~/'i'g/
ATTESTED TO:
(County Clerk)
BY:
NAME: Danny L. Kolhaqe
NAME: :Tnc:c...T An":; 11 II [)
. .
Director, Monroe County
TITLE~lic Healt:h Unit:
TITLE:Monroe County Clerk
DATE:
/0- 7,-2~
DATE:
APPROVED AS TO PORM
AND LEGAL SUFFjllC'f.
. BY , :"L( ~.ii' ~~'IJ. t/'
- Au ne.,. . ie.
.
6
.,.
.".~.._,:",..,':~-""'-""~,..,'-'