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07/03/1987C O N T R A C T THIS CONTRACT entered into on this first day of July, 1987, between the 1 Board of County Commissioners of Monroe County FLorida as the governing 2 body of the County exercising supervision and control over Monroe County 3 In -Home Services, the Community Care for the Elderly (CCE) and Community 4 Care for Disabled ADults (CCDA) Lead Agency for Monroe County, hereinafter 5 referred to as the Lead Agency, and FLorida Health Nursing Services, Inc., 6 hereinafter referred to as Florida Health, for the provision of nursing 7 services to qualified individuals within Monroe County in accordance 8 with the Community Care for the ELderly (CCE) program guidelines and 9 Community Care for Disabled Adults (CCDA) program guidelines promulgated 10 by the State of Florida Department of Health and Rehabilitative Services 11 and the District XI Area Agency on Aging. 12 The Parties agree: 13 1. Florida Health will do the following: 14 A. Make home visits to CCE and CCDA clients for initial 15 and follow-up review as assigned by the Lead Agency. Such 16 visits shall be made by and the services provided hereunder 17 shall be rendered by a Registered Nurse in accordance with 18 HRS manual 140-4, Community Care for the Elderly Program 19 and HRS manual 140-8, Community Care for Disabled Adults 20 Program. 21 B. Complete a CCE/CCDA Care Plan and/or Re-evaluation Form 22 as indicated by the Lead Agency for each client visit made. 23 C. Deliver to the Lead Agency office those forms completed 24 for clients visits as designated by the Lead Agency, no later 25 than the fifteenth and thirtieth day of each month. 26 D. Complete accurate monthly mileage reimbursement request 27 forms for submission to the Lead Agency no later than the 28 last work day of the month. 29 E. Comply with all Federal and State laws, rules and 30 regulations including, but not limited to the following: 31 Page 1 of 5 1. All applicable standards, criteria and guidelines 1 of the Community Care for the Elderly Program, Community 2 Care for Disabled Adults Program, and any other applicable 3 guidelines or criteria established by the Department of 4 Health and Rehabilitative Services, State of Florida, 5 Area Agency on Aging or any other applicable Federal or 6 State Agency. 7 2. All applicable statutes, rules, regulations, guidelines 8 and Executive Orders pertaining to civil rights and equal 9 employment opportunity. 10 It is expressly understood that upon receipt of substantial evidence of any 11 violation of these laws, rules and regulations, the Lead Agency shall have 12 the right to terminate this contract immediately. 13 F. Provide Insurance. Florida Health shall maintain Professional 14 Liability Insurance or make adequate provision through an approved 15 insurance program. Said 'insurance shall specifically address 16 liability coverage for contractural agreements for services. 17 Florida Health shall provide the Lead Agency with written proof of 18 insurance coverage prior to commencement of this agreement. 19 G. Provide Indemnification. Florida Health agrees to fully 20 indemnify and shall hold the Lead Agency and Monroe County harmless 21 from any claims, suits, judgements, damages, costs, and reasonable 22 attorneys fees in connection therewith caused by reasons of and 23 predicated upon any liability of Florida Health for its negligent 24 acts or intentional acts of either omission or commission in the 25 performance of the nursing services contemplated herein. In no 26 way does this indemnification seek to relieve or indemnify the 27 Lead Agency from its own acts of negligence. 28 H. Safeguard Information. Florida Health shall not use or 29 disclose any information concerning a recipient of services 30 under this contract for any purpose not in conformity with the 31 Federal and State laws or regulations except on written consent 32 of the recipient or their responsible parent or guardian when 33 authorized by law. 34 Page 2 of'5 I. Maintain records in accordance with standard and accepted audit procedures adequate for proper audit or program activities and to make same available to the Lead Agency or its duly authorized representatives. 2. The Lead Agency agrees to do the following: A. Pay Florida Health on a "fee for service" basis the sum of Fifteen dollars ($15.00) for each initial visit and Ten dollars and Fifty cents ($10.50) for each sixty day follow-up (review) visit, during which services are provided to said client, as assigned by the Lead Agency. No fee will be paid in the event that a client is not available when FLorida Health visits the home. Payment will be made on a monthly basis the last day of each month and upon validation of the statement of service on a form prescribed by the Lead Agency. B. Provide the appropriate CCE and CCDA forms to be completed by Florida Health. C. Provide a weekly assignment sheet listing the clients to be visited. D. Reimburse Florida Health for reasonable mileage traveled in making client visits on the basis of 200, per mile. Mileage reimbursement will be included in the monthly payment. No payment for mileage will be made in the event a client is not available when Florida Health visits the home. 3. Florida Health together with the Lead Agency jointly agree as follows: A. This contract shall commence on July 1, 1987 and shall terminate on June 30, 1988. B. The total number of clients to be served under this agreement shall not exceed 336 CCE elderly and CCDA disabled clients. The total number of visits to be made by Florida Health shall not exceed 168 per month. The total amount of money payable hereunder shall not exceed $1,890.00 per month. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Page 3 of 5 C. The contract provisions herein may be terminated for 1 the following causes: 2 1. Suspension for reasonable cause. The Lead Agency 3 may for any reasonable cause, including but not limited 4 to, failure to comply with the reporting requirements 5 provided herein, temporarily suspend Florida Health 6 pending corrective action or pending decision to 7 terminate this contract. Said Florida Health will 8 not be entitled to payment of any fee for service 9 until it fully complies with all requirements including 10 the reporting requirements provided herein. The Lead 11 Agency may, for reasonable cause, prohibit Florida 12 Health from receiving further assignments and from 13 incurring additional obligation of payments pending 14 corrective action or pending a decision to terminate 15 this contract. 16 In order to terminate or suspend this contract, the 17 Lead Agency must notify Florida Health in writing 18 of the action to be taken, the reasons for such action, 19 and the conditions of the suspension or termination. 20 Said notice shall be afforded ten (10) days prior to 21 any action being taken pursuant to this provision. 22 The notification will also indicate what corrective 23 actions are necessary to remove the suspension and 24 will stipulate a reasonable time period to correct 25 these actions. 26 2. Termination/reduction due to lack of funds. In 27 the event funds to finance this contract become 28 unavailable or are reduced, the Lead Agency may reduce 29 or terminate the contract upon no less than twenty-four 30 hours notice in writing to Florida Health. The final 31 determination as to the availability of funds is to be 32 made exclusively by the Lead Agency. 33 Page 4 of 5 F ' 3. Termination for breach. The Lead Agency and Florida Health agree that this contract may be terminated upon evidence of any violation of this agreement, including but not limited to, violation of any Federal or State law, rule or regulation. Such termination shall be effective immediately upon written notice delivered to Florida Health. A waiver of breach under 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. D. In the event of the termination of this contract for any reason, Florida Health shall furnish to the Lead Agency such reports, records, files and audit materials as may be requested based upon work completed under the provisions of -the contract. E. Client shall be accepted for provision of services only by the Lead Agency. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by the undersigned. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Eugene R. Lytton, Sr. Typed Name TITLE: Mayor/Chairman of Board DATE: 11— 3 "g! ATTEST: a' ti �.iCr FLORIDA HEALTH NURSING SERVICES, INC. BY: Jobyna Okell Typed Name TITLE: Administrator/Treasurer DATE: 10/29/87 \'ATTEST: 7i APPF01f. .QS T FORPf AP,!D A Via_ ° rUFr �rir ;n`9! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Page 5 of 5 � � q Brown and Brown, Inc. Serving You Since 1939 November 2, 1987 Ms Gwen Rodriguez, Project Director Monroe County In Home Service Wing III, Public Service Building Key West, FL 33040 RE: FLorida Health Nursing Services, Inc. Dear Ms Rodriguez: P.O. Drawer 1712 Daytona Beach, Florida 32015 904/252-9601 I am enclosing a Certificate of Insurance for Florida Health Nursing Services, Inc. This certificate shows Monroe County as an additional insured on the policy. This will provide coverage for both.Monroe County and Florida Health Nursing Services, Inc. in the event that you both are named in a suit. This endorsement provides protection for your interest in any work that our -insured does for you. If you have any questions please don't hesitate contacting me at 1-800-342-9426. Since ly , He' Juttner VC i nt Service resentative Daytona Beach • Boynton Beach • Cape Coral • Coconut Creek • Delray Beach • Fort Myers Beach • Jacksonville Miami • North Fort Myers • Orlando • Port Charlotte • Sanibel • Tampa • West Palm Beach ISSUE DATE (MM/DDNY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Brown & Brown, Inc. P.O. 1Drawer 1712 COMPANIES AFFORDING COVERAGE Daytona Beach,FL 32015 LEOTTERNY A Interstate Fire & Casualty COMPANY 1 LETTER B INSURED Florida Health Nursing Services, Inc. ETTERNY C 1510 Venera Avenue COMPAN V D , LETTER Coral Gables FL 33146 I � COMPANY E LETTER • THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EF�ECTVE DATE (MM/DD/l'Y) POLICY EXPIRATION DATE (MM/DDNY) LIABILITY LIMITS IN THOUSANDS EACH OCCURRENCE AGGREGATE GENERAL LIABILITY A COMPREHENSIVE FORM PREMISES/OPERATIONS 80-1093088 ( 8/19/87 0/19/88 BODILY INJURY $ $ X UNDERGROUND EXPLOSION & COLLAPSE HAZARD I PROPERTY DAMAGE $ $ PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BI & PD COMBINED $1 , 000 _ $ 1,000 BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY ANY AUTO Ko y :PEP PEP PERSON) $ ALL OWNED AUTOS (PRIV. PASS.) OTHER THAN ALL OWNED AUTOS PRIV. PASS. ) BODILY N URY )PER ACCIDENT) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY 91 8 PD COMBINED $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM BI & PD COMBINED $ $ WORKERS' COMPENSATION STATUTORY AND $ (EACH ACCIDENT) $ (DISEASE -POLICY LIMIT) EMPLOYERS' LIABILITY $ (DISEASE -EACH EMPLOYEE) OTHER A Prof. Liability 80-1093088 8/19/87 0/19/88 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Monroe County is added as an additional insured onto this policy Monroe Qounty In Home Service: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Wing III, Public Service Building MAIL 4DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Key West, FL 33040 LEA, BUTFAILUR O MAILS NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINDD�I THE CQ'PANY_ATS AGENTS OR REPRESENTATIVES. I. - GENERAL AMENDMENT ENDORSEMENT NO: 5 THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED IS HEREBY AMENDED AS FOLLOWS: In consideration of an additional premium of $500.00, it is agreed that the following entity is added as an additional. Named Insured: plus $15.00 Tax Monroe County In -Home Services SURPLUS LINES AGENT, EDWARD J. WOJCHICK LIC. # 009.30-8590.05 4763 S. CONWAY RD.. SUITE B ORLA,NDO, FL 32812 PROD. AGT. BrOtm Brown CITY Daytona THE INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW. i ERSONS .NSURED BY SURPLUS LINES CARRIERS 00 NOT HIVE THE PROTECTION CF THE FLLRIDA INSURANCE C.! RA';iY "CT TO -,HE EXTENT 0: ANI 10(;NT OF R COrERY FOR TK 13LICATION OF : N Ii;; L)Ii CNi I.N.:CLNSED 1.1-URER. E"* 151-87 Filed 4th Qt. 1987 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. ANNUAL PREMIUM I DUE AT ENDORSEMENT Additional Premium Return Premium EFFECTIVE DATE INSTALLMENT PREMIUM PAYMENTS Date Due Prior Installments REVISED INSTALLMENTS $ $ is $ $ $ S $ ENDORSEMENT TOTAL PREMIUM $ J S n INTERSTATE FIRE & CASUALTY COMPANY Attached to and forming part of Policy No. 8 0 -1_ 0 9 3 p 8 S CH ICAGO INSURANCE COMPANY Florida Health Nursing Services, IC. IZsued to INTERSTATE INDEMNITY COMPANY, Effective 11-2-87 By , . ,a 4eJd 1 C/ h-� IIG 9-35 (1182) INSURED S