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Resolution 175-1982RESOLUTION NO.175 -1982 RESOLUTION AUTHORIZING THE CHAIM AN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN ENTRANT IMPACT AID CONTRACT FOP. HEALTH SERVICES FIXED -PRICE CONTRACT BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILI- TATIVE SERVICES AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commis- sioners of Monroe County, Florida is hereby authorized to execute an Entrant Impact Aid Contract for Health Services Fixed -Price Contract by and between the State of Florida Department of Health and Re- habilitative Services and the,Monroe County Board of County Commis- sioners, a copy of same being 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 28th day of June, A.D. 1982. (Seal) Attest W-P _'Hug Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ayor/CtairmanA � A AP7MW A ,7 70 J,-r_jR,4tti 1 "W ENTRANT IMPACT AID COtiTRnCT FOR HEALTH SERVICES FIXEj-PRICE CONTRACT I3ET"^�EEN STATE OF FLORIDA DEPARTMENT OF IiEALTH AND REHABILITATIVE SERVICES AND Monroe County Board of County Commissioners THIS CONTRACT is entered into between the State of Florida, Department of Health and Rehabilitative Services, hereinafter referred to as the "Department", and Monroe County Board of County Commissioners. . hereinafter referred to as the "Provider". I. .The Provider Agrees: A. To provide services in accordance with the conditions specified in Attachment I. B. Federal and State Laws and Regulations 1. To comply with Title VI and VIi, Civil Rights Act of 1964 and to comply with all the provisions of Section 504 of the Rehabilitation Act of 1973, Nondiscrimination Against the Handicapped, as amended (45 CFR, Part 84) . 2. It is expressly understood that upon receipt of substantial evidence of such discrimination, the Department shall have'the right to terminate this contract for breach. 3. To comply with the applicable provisions of 45 CFR, Part 74. 4. To meet the Federal standards set forth in Title V of the Refugee Education Assistance Act of 1980, Public Law 96-422. To meet any additional.standards or conditions established through amendments to the forementioned laws and regulations. 5. To comply with applicable standards, orders, or regulations issued pursuant to the Clean Air Aet as amended (42 USC 1857 et.-seq.) and.the Federal''Water Pollution Control Act as amended-(33 USC 1251'et seq.) if the contract amount is for $100,000 or more). ' I i C. Audits and Records 1. To 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 under this contract. 2. To assure that these records shall be subject at all times to inspection, review, or audit by State personnel and other personnel duly authorized by the Department, as well as by Federal personnel. 3. To maintain and file with the Department such progress, expenditure, inventory and client reports as the Department may require within the period of this contract, provided the Department shall not require reports for periods already past. 4. To include these aforementioned audit ana recordkeeping requirements in all approved subcontracts and assignments. 5. To allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, F.S., and made or received by the Provider in conjunction with this contract. It is expressly understood that upon receipt of substantial evidence of the Provider's refusal to comply with this provision,' the Department shall have the right to terminate this contract for breach. D. Retention of Records 1. To retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five (5) years after termination of this contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. -2- ,e 4 i 2. Pursuant to 45 CI R, Part 74.24(a) and (b) , Federal d auditors and persons duly authorized by the Department shall have full access to, and the right -to examine any said.materials•during said period. The Provider will not be responsible for bearing the cost of an independent audit. E. Monitoring 1. To provide periodic progress records, including data reporting requirements requested from the Department and/or Federal agencies. These reports will be used for monitoring progress reports, including data reporting requirements requested from the Department and/or Federal agencies. These reports will be used for monitoring prog-res or performance to determine conformity with intended program purposes. 2. To provide access to, or to furnish whatever information is necessary to effect this monitoring. 3. To permit the Department to monitor the aforementioned service program operated by the Provider or subcontractor I according to applicable regulations of the Federal and State governments. -Said monitoring will include access to all client records. F. Indemnification To the extent allowed by law, the Provider shall be liable, and agrees to be liable for, and shall indemnify, defend, and hold the Department harmless from all claims, suits,.judg.ements or damages, including court costs and attorneys fees, arising out of or in the course of the operation of this contract. G. Insurance The responsibility for providing adequate liability insurance coverage on a comprehensive basis shall be that of the Provider and shall be provided at all times during the existence of this contract. Upon the execution of this contract, the Provider shall furnish the Department with written verification of the existence of such insurance coverage. -3- H. Safeguarding Information y The Provider shall not dse or disclose any information concerning a recipient of services under this.contract for any purpose not inconformity with the Federal and State requirements except on written consent of the recipient, or his responsible parent or guardian when authorized by law. I. Client Information The Provider shall submit to the Department management and program data, including client identifiable data, as deemed' essential by the Department. J. Assignments of Contracts The Provider shall not assign the responsibility of' this contract to another party without prior. written approval of the Department, which approval shall not be unreasonably withheld. R. Subcontracts The Provider may enter into subcontracts for any of the work contemplated under this contract provided all subcontracts shall be subject to the conditions of this contract. Provider - will be responsible for the performance of any subcontractor. L. Client Eligibility Payment under this contract will be made only for Cuban and Haitian Entrants who have documentation pursuant to the February 1982 Office of Refugee Resettlement guidelines in determining acceptable immigration documentation. Eligible Entrants must have resided in the United States 18 months or more and not be receiving Aid to Families with Dependent Children or Supplemental Security Income Program: Entrants who continue to be eligible for services under the existing Cuban/Haitian Entrant Program are not eligible for services provided through this contract. -4- r The Provider shall ce responsible for determining the 4 eligibility of each client served. The Provider shall furnish, upon request such information as may be required to verify that client eligibility was.determined in accordance with Federal, State and.Departmental requirements. M. Grievance and Fair Hearings Procedures The Provider will establish a system through -which recipients may present grievances about the operation of the contract. Provider shall advise recipients of this right to appeal'.denial or exclusion from the program or the failure to take account of recipients' choice of service and of their right to a fair hearing in these respects.' Whenever an applicant or recipient requests a fair hearing, the Department will make arrangements to provide such a hearing process. II. The Department Agrees: To pay for contracted services according to the conditions of Attachment 1 in an amount not to exceed $ 23,469.00 III. The Provider and Department Mutually Agree: A. Effective Date 1. This contract shall begin on June 1, 1982 or the date on which the contract has been signed by both parties, whichever is later. 2. This contract shall end on June.30, 1983. B. Termination 1. Termination at Will This contract may be terminated by either party upon no less than thirty.(30) days notice, without cause; notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. Termination Because of Lack of Funds In the event funds to finance this contract become unavailable, the Department may terminate the contract upon no less than twenty-four (24) hours notice in writing to the Provider. Said notice shalli be delivered -5- by.certified mail; return receipt requested, or in person with proof�of delivery. The Department shall be the final authority as to the availability of funds. 3. Termination for Breach Unless the Provider's breach is excused, the Department may, by written notice of breach to the Provider, terminate the contract. Termination shall be upon no less than twenty-four (24) hours notice in writing delivered by certified mail, return receipt requested, or..in person with proof of delivery. Waiver 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. C. Notice and Contact The Contract.Manager for the Department for this contract is Catherine J. Rhode, Health Program Supervisor, Dist. XI The representative of the' Provider responsible for the administration of the program under this contract is Louis LaTorre, Director, Monroe County Social Services 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 in writing to the other party and said notification attached to originals of this contract. D. Renegotiation or Modification Modifications of provisions of this contract shall only be valid when they -have been reduced to writing and duly signed. The parties agree to renegotiate this contract if Federal and/or State revisions of any applicable laws, regulations or budget allocations makes changes in this contract n'6cessary. The Department shall be the final authority as to the availability of funds for this contract due to Federal and/or State revisions of any applicable laws, regulations, or budget allocations. E. Name and Address of Payee a A The*name and address of the official payee to whom payment shall be made: Monroe County Board of County Commissioners P. 0. Box 1680 Key West, Florida 33040 F. All Terms and Condition, Included This contract and its attachments as referenced, ( Attachment #1 ), contain all the terms and conditions agreed upon by the parties. IN WITNESS THEREOF, the parties hereto have caused this page contract to be executed by their undersigned officials as duly authorized. PROVI R MONROE COUNTY B Ge ge E. Dolezal y TITL Manr DATE: 6/28/82 ATTEST: iKAq, erk STATE OF FLORIDA DEPART14ENT OF HEALTH AND REHABILITATIVE SERVICES BY: TITLE: u, 5 �`�i1� c, ��}� �� /, ti; •S; X'AIzX DATE: CONTRACT ANAGER DATE: CONTRACT ADMINISTRATOR DATE (L � Entrant Impact Aid Contract for Health Services Attachment 1 1. Statement of Work The County either directly or through approved subcontracts will be responsible for providing personal health care services to eligible Cuban and Haitian Entrants which include but are not limited to: - Hospital Inpatient Services - Hospital Outpatient Services — Physician Services - Prescribed Drug Services - Primary Health Care Services Services provided under each of these service categories must at a minimum equal the benefit coverage described in Chapter 1OC-7, Florida Administrative Code. 2. Method of Pavment Subjecto the availability of funds, the Depaitrnerit of Health � and Rehabilitative Services shall pay, during the period June 1, 1982 through June 30 , 1982, the Provider an amount of $ 23,469.00 , which is based on a monthly capitation rate of $ 42.13. per capita for the eligible Cuban/Haitian Entrants in Monroe County as determined by the May 1982 General Assistance caseload under the Cuban/Haitian Entrant Program. 3. Reports The Provider shall submit to the Department a report of the services defined under the Statement of Work. Said report must be received by the Department no later than the 20th day of the month following the end of the month in which services were made. The report shall be in such format as may be required by the Department.