12/15/1994 AgreementBAYSHORE MANOR
A/K/A MONROE COUNTY HOME
ADULT CONGREGATE LIVING FACILITY
FOR THE ELDERLY
A G R E E M E N T
This agreement entered into this 4— day of 0AG-Cwi3OjrA , 19�,
by and between the County of Monroe, State of Florida,
hereinafter called "COUNTY" and ReLaw shlod ,
hereinafter called "RESIDENT", and J R06API L YYAIPAl ,
hereinafter called "RESPONSIBLE PARTY".
W I T N E S S E T H:
WHEREAS, RESIDENT desires to live in the County facility known as
Bayshore Manor, and
WHEREAS, COUNTY has reviewed RESIDENT'S application for admission
to Bayshore Manor and has determined that RESIDENT is eligible
for admission, now therefore,
In consideration of the mutual covenants, promises and premises
herein contained, thq parties agree as follows:
A. BAYSHORE MANOR:
1. Shall furnish room, board, linens and assistance with
activities of daily living as may be required, based
upon RESIDENT'S mental and/or physical limitations both
at and subsequent to the time of admission.
2. Shall arrange for transportation of RESIDENT to his/her
physician's office and/or arrange for RESIDENT'S
transportation to hospital if such transportation is
ordered by physician or if, in the opinion of the
Director or his surrogate, RESIDENT'S condition so
warrants. The RESPONSIBLE PARTY (as designated herein)
will be immediately notified if RESIDENT requires
hospitalization.
3. Shall make refunds on a per diem basis
commensurate with the date of discharge from Bayshore
Manor. Refunds will not be made for any days that
personal belongings remain in RESIDENT'S room.
Refunds will not be made as long as there are
outstanding expenditures for services received by
RESIDENT.
4. Shall, in the event of closure of the facility for any
reason, make a pro -rated per diem refund as of the date
of such closure. Such applicable refund will be made
within SEVEN (7) DAYS of closure, in compliance with
Ei
Florida Statutes.
5. Shall notify RESIDENT and/or RESPONSIBLE PARTY in
writing THIRTY (30) DAYS in advance of any rate change.
6. Shall maintain no affiliation with any religious
organization, except to provide assistance to RESIDENT
in contacting such organization upon RESIDENT'S request.
7. Subject to the availability of funds, shall pay for such
medications as may be prescribed for RESIDENT by his/her
physician, as well as necessary non-prescription medical
supplies, provided that RESIDENT'S monthly rate under
this agreement is less than maximum rate and RESIDENT has
insufficient medical insurance to cover such expenses,
or in the event that RESIDENT'S monthly rate under this
agreement is the maximum rate but RESIDENT has neither
sufficient additional funds nor sufficient medical
insurance to pay for the above.
8. Shall provide to RESIDENT whose monthly rate is less than
the maximum rate, or who is paying the maximum rate and
has no additional funds, on a monthly basis, TWENTY
($20.00) DOLLARS for his/her personal use.
Such monthly reimbursements will be skipped or reduced
any month when full payment would result in RESIDENT
having more than ONE HUNDRED ($100.00) DOLLARS in
his/her possession; or any month that RESIDENT receives
funds for personal use of up to TWENTY ($20.00) DOLLARS,
from any source, such as OSS, etc., to the extent
necessary to assure RESIDENT of at least TWENTY ($20.00)
DOLLARS for personal use.
9. Other: 9A
B. RESIDENT and/or RESPONSIBLE PARTY
1. Shall provide all clothing and personal effects as
required by RESIDENT.
2. Shall pay the agreed upon monthly rate no later than the
third day of each calendar month.
3. Shall comply with all requirements set forth in
the application for admission.
4. Shall fully comply with all rules and regulations as
now established by COUNTY or as may, in the
future, be amended or established.
5. Shall make arrangements for RESIDENT'S immediate
transfer to an alternative, appropriate facility upon
certification by either a physician or the Director of
Bayshore Manor that RESIDENT is no longer capable of
meeting the requirements for residence in the facility.
In the event that RESIDENT has no person or agency,
whether RESPONSIBLE PARTY, next of kin or other person
or agency appointed to act on RESIDENT"S behalf to
represent him/her, Bayshore Manor shall assist RESIDENT
in contacting an appropriate social service agency for
placement. RESIDENT agrees to vacate the facility
within SEVEN (7) DAYS after disqualification.
6. Shall, if RESIDENT is not paying the maximum rate, pay
any increase in RESIDENT'S income (from any source) to
COUNTY during his/her stay at Bayshore Manor, up to but
2
not exceeding the maximum rate as may from time to time
be adjusted by COUNTY.
7. Shall, if funds for medication expenditures become
unavailable, make arrangements for payment of medication
expenses which Bayshore Manor cannot pay or arrange for
RESIDENT'S transfer to an alternative, appropriate
facility.
8. Shall maintain on file with Bayshore Manor an up-to-date
name, address and telephone number for RESPONSIBLE PARTY
or next of kin.
9. Other:_Jtgg44.. MA1Nt'.41d i0 FJA. fi0ec4 6*094'e.7 Qd4)o&, TM1 ZU* OF Tva
C. FINANCIAL RESPONSIBILITY
RESIDENT and/or RESPONSIBLE PARTY agree to pay COUNTY
$100.0n per month for use of COUNTY'S Bayshore Manor
facility.
Monthly payment shall be derived from the following sources:
1. Personal funds of RESIDENT
2. RESPONSIBLE PARTY will pay
3. Monthly income of RESIDENT:
Social Security income
Supplemental Security Income
Railroad Retirement income
Civil Service income
V.A. Pension
Other
D. STANDARD ADMISSION WAIVER
$ /1 9v- vv
COUNTY shall continually exercise such reasonable care as to
maintain the health and safety of RESIDENT. However, COUNTY does
not provide any assurance or guarantee for RESIDENT'S health and
safety and shall have no liability for same. COUNTY shall have
no liability or responsibility for cash or other valuables which
RESIDENT may, at any time, have in his/her possession on the
3
premises of Bayshore Manor. RESIDENT shall hold COUNTY harmless
for any and all claims arising directly or indirectly from any
negligent or intentional act of RESIDENT.
E. RESIDENT PERSONAL CASH
RESIDENT shall at no time have in his/her possession on the
premises personal cash in excess of ONE HUNDRED ($100.00)
DOLLARS.
F. MEDICAL AND DENTAL SERVICES
COUNTY shall not be responsible for the payment of any medical,
chiropractic, dental or hospital bill incurred by RESIDENT.
Furthermore, COUNTY shall not be responsible for the payment of
RESIDENT'S "over-the-counter" or prescription medications except
as detailed in paragraph A-7, above.
G. TERMINATION OF AGREEMENT
In the event that RESIDENT vacates Bayshore Manor for more than
FOURTEEN (14) consecutive days, except for hospitalization, this
agreement shall automatically terminate, and RESIDENT or
RESPONSIBLE PARTY shall remove all of RESIDENT'S personal
property immediately. If property is not removed in a timely
fashion, the parties agree that COUNTY is authorized to remove
and dispose of such property after having made a reasonable
effort to deliver it to RESIDENT or RESPONSIBLE PARTY, without
success. In addition to the methods of terminating this
agreement, detailed in Paragraphs B-5 and G, above, it may be
terminated by RESIDENT upon written notice to COUNTY at any
time. Additionally, COUNTY may terminate the agreement upon
THIRTY (30) DAYS written notice to RESIDENT of RESPONSIBLE PARTY,
certified mail, return receipt requested.
H. DURATION OF AGREEMENT
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Unless otherwise terminated, this agreement shall remain in full
force and effect until such time as a new agreement is duly
executed.
I. AMENDMENTS TO AGREEMENT
This agreement may be amended at any time subsequent to its
execution by both parties, or their legal representatives, by the
parties or their legal representatives signing and executing
such an amendment.
J. NOTICE
Any notice required by this agreement to be made by either party
shall be made as follows:
BAYSHORE MANOR RESIDENT/RESPONSIBLE PARTY
Name : ROBERT E . LAZARUS , M.D. Name: / h 0 Ld 1JA S ysJV /
Address: 5200 College Road Address: xZ PAL$i bg, i3hy&IOT
Key West, F1. 33040 Wr--t wKsT_ P4, 3.3010
Phone: ( 305) 294-4966 Phone: %s-»/d+y
Parties may substitute the above by proper notice.
K. FLORIDA LAW
Both parties shall at all times comply with the Laws of the State
of Florida and Monroe County. Further, RESIDENT agrees that the
proper jurisdiction and venue of any claims arising under this
agreement shall be in Monroe County, Florida.
5
WITNESSES AS TO RESIDENT
WITNESSES AS O RESPONSIBLE PARTY
DATE:
DATE:/A. �-j�
APPROVED:
110E'�-
SIGNATURE OF&ESIDENT
1
SIGNATURE OF RESPONS LE PARTY
ATURE"OF DIRECTOR, BAYSHORE MANOR
SIGNATURE OF EXECUTIVE DIRECTOR,
MONROE COUNTY SOCIAL SERVICES DEPARTMENT
SIGNATURE OF MONROE COUNTY ADMINISTRATOR
APPROVED,—,r^ �
AND -
BY
Date �6
C
BAYSHORE MANOR
A/K/A MONROE COUNTY HOME
ADULT CONGREGATE LIVING FACILITY
FOR THE ELDERLY
n imZicuiwo� iimeiwo4t2 a
THIS AMENDMENT to AGREEMENT entered this L day of '04re. 14 eC( CA ,
1994, by and between the County of Monroe, Florida, hereinafter
called "COUNTY" and NOLOW WD hereinafter
called "RESIDENT" and Imp(t4c SyWAI hereinafter
called "RESPONSIBLE PARTY".
WHEREAS, COUNTY has a primary responsibility for the safety of
the residents of Bayshore Manor; and
WHEREAS, there exists in Key West, Florida the possibility of a
life threatening hurricane or other natural or man made disaster
occurring which, in the sole discretion of County, will require
the evacuation of the Bayshore Manor facility; and
WHEREAS, either a natural or man made disaster might be of such a
nature as to result in either a partial or complete destruction
of the Bayshore Manor facility so as to render the structure
uninhabitable and require alternative residential placement of
RESIDENT on either a temporary or permanent basis; now, therefore
IN CONSIDERATION of the mutual covenants herein contained, the
parties agree as follows:
The AGREEMENT entered on the ?day of D4---4pm R ,
19911, between the parties is hereby amended as follows:
Paragraph L, DISASTER PLAN: is added to read:
1. If either a natural or man made disaster requires the
evacuation of the Bayshore Manor facility; and
2. If, such a disaster causes such extensive damage to the
Bayshore Manor facility as to render the structure uninhabitable,
in the judgement of COUNTY; and
3. If, RESPONSIBLE PARTY has not evacuated RESIDENT from
Bayshore Manor, for any reason; then
4. COUNTY has the absolute right to temporarily transfer
RESIDENT to a shelter, either within or outside of Monroe County,
until such time as the disaster requiring the evacuation has
ended and County has assessed the extent of the damage to the
Bayshore Manor facility.
5. If COUNTY determines that, as a result of the disaster, the
Bayshore Manor facility is uninhabitable, COUNTY has the absolute
right to transfer RESIDENT to an alternative Adult Congregate
Living Facility of its choice within the State of Florida.
6. If County transfers RESIDENT to an alternative Adult
Congregate Living Facility, County will make a reasonable effort
to advise RESPONSIBLE PARTY of such a transfer.
7. If RESPONSIBLE PARTY removes RESIDENT from the ACLF in
paragraph 6, except to return RESIDENT to a safely reconstructed
Bayshore Manor, or enters into a separate agreement with said
ACLF, this Agreement, as amended shall terminate immediately.
8. All other terms of the AGREEMENT, dated the day of
DCezos04ot , 1994, which are consistent herewith, shall
remain in full force and effect.
WITNESSAS AS Ty RESIDENT
WITNESS AS RESPONSIBLE
PARTY
DATE: ,,'t %) ay
DATE • —'f
SIGNATURE OR -DIRECTOR
BAYSHORE OR.,---7
SIGNATURE OF EXECUTIVE DIRECTOR
SOCIAL SERVICES DEPARTMENT
APPROVED: --
SIGNATURE F ADMINISTRATOR
MONROE, COUNTY, FLORIDA