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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 .,. .".~.._,:",..,':~-""'-""~,..,'-'