10/18/1989C O N T R A C T
THIS CONTRACT entered into on this 104A : day of &ts , 1989, 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, Herein- 5
after referred to as the Lead Agency, and Florida Health Nursing Services, 6
Inc., hereinafter referred to as Florida Health, for the provision of 7
nursing 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 11 Area Agency on Aging.
The Parties agree:
1. Florida Health will do the following:
A. Make home visits to CCE and CCDA clients for initial
and follow-up review as assigned by the Lead Agency.
Such visits shall be made by and the services provided
hereunder shall be rendered by a Registered Nurse in
accordance with HRS manual 140-4, Community Care for
the Elderly Program and HRS manual 140-8, Community
Care for Disabled Adults Program.
B. Complete a CCE/CCDA Care Plan and/or re-evaluation
form as indicated by the Lead Agency for each client
visit made.
C. Deliver to the Lead Agency office those forms completed
for client visits as designated by the Lead Agency, no
later than the thirtieth day of each month.
D. Complete accurate monthly mileage reimbursement request
forms for submission to the Lead Agency no later than
the thirtieth day of the month.
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E. Comply with all Federal and State Laws, rules and 1
regulations including, but not limited to the following: 2
1. All applicable standards, criteria and guidelines 3
of the Community Care for the Elderly Program, the 4
Community Care for Disabled Adults Program, and 5
any other applicable guidelines or criteria 6
established by the Department of Health and 7
Rehabilitative Services, State of Florida, Area 8
Agency on Aging, or any other applicable Federal 9
or State Agency. 10
2. All applicable statutes, rules, regulations, guide- 11
lines and Executive Orders pertaining to civil 12
rights and equal employment opportunity. 13
It is expressly understood that upon receipt of substantial evidence of 14
any violation of these laws, rules and regulations, the Lead Agency shall 15
have the right to terminate this contract immediately. 16
F. Provide Insurance. Florida Health shall maintain 17
Professional Liability Insurance or make adequate pro- 18
vision through an approved insurance program. Said 19
insurance shall specifically address liability coverage 20
for contractural agreements for services. Florida Health 21
shall provide the Lead Agency with written proof of 22
insurance coverage prior to commencement of this 23
agreement. 24
G. Provide Indemnification. Florida Health agrees to fully 25
indemnify and shall hold the Lead Agency and Monroe County 26
harmless from any claims, suits, judgements, damages, 27
costs and reasonable attorneys fees in connection there- 28
with caused by reasons of and predicated upon any liability 29
of Florida Health for its negligent acts or intentional 30
acts of either omission or commission in the performance 31
of the nursing services contemplated herein. In no way 32
does this indemnification seek to relieve or indemnify the 33
Lead Agency from its own acts of negligence. 34
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2.
H.
Safeguard Information. Florida Health shall not use or
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disclose any information concerning a recipient of
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services under this contract for any purpose not in
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conf:oxmity with the Federal and State laws or regulations
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except on written consent of the recipient or their
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responsible parent or guardian when aut-horized by law.
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I.
Maintain records in accordance with standards and
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acceptable audit procedures adequate for proper audit
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or program activities and to make same available to the
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Lead Agency or its duly authorized representatives.
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J.
ABUSE, NEGLECT AND EXPLOITATION REPORTING. If at any
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time an employee of the provider is aware of or suspects
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that abuse, neglect or exploitation of children, disabled
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persons or aged persons has occurred, as defined in
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Chapter 415, Florida Statutes, he/she is required to
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immediately report such known or suspected abuse or
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neglect to the Department of HRS by calling the ABUSE
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REGISTRY. Failure of the employee to immediately report
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known or suspected abuse, neglect or exploitation may
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constitute a breach of contract and may result in
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termination of the contract.
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The
Lead Agency agrees to do the following:
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A.
Pay Florida Health a "fee for service" basis the sum of
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fifteen dollars and fifty cents ($15.50) for each Initial
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Visit and eleven dollars ($11.00) for each sixty day
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Review Visit, during which services are provided to said
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client, as assigned by the Lead Agency. No fee will be
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paid in the event that a client is not available when
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Florida Health visits the home. Payment will be made on
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a monthly basis the end of each month and upon validation
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of the statement of service on a form prescribed by the
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Lead Agency.
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B.
Provide the appropriate CCE and CCDA forms to be completed
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by Florida Health.
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C.
Provide monthly assignment sheets listing the clients
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to be visited.
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D.
Reimburse Florida Health for reasonable mileage traveled
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to the assigned clients homes for the performance of
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the initial and review visits. Mileage will be on the
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basis of twenty cents (20C) per mile. Mileage
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reimbursement will be included in the monthly payment.
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No payment for mileage will be made in the event a client
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is not available when Florida Health visits the home.
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3. Florida Health together with the Lead Agency jointly agree as
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follows:
A.
This contract shall commence on July 1, 1989 and shall
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continue until June 30, 1990, at which time the Lead
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Agency shall have the option to renew the agreement for
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a period of one additional year, upon the same terms and
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conditions, excepting only an increase in the initial and
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review visit price to match any rise in the cost of living
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index as such information is provided by the Federal
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Government.
B.
The total number of clients to be served under this
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contract shall not exceed 320 CCE elderly and CCDA
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disabled clients. The total number of visits to be made
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by Florida Health shall not exceed 150 per month. The
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total amount of monay payable hereunder shall not exceed
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$1,890.00 per month.
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C.
The contract provisions herein may be terminated for the
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following causes:
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1. Suspension for reasonable cause. The Lead Agency
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may for any reasonable cause, including but not
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limited to, the failure to comply with the reporting
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requirements provided herein, temporarily suspend
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Florida Health pending corrective action or pending
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decision to terminate this contract. Said Florida
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Health will not be entitled to payment of any fee
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for service until it fully complies with all
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requirememts including the reporting requirement
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provided herein. The Lead Agency may, for
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reasonable cause prohibit Florida Health from
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receiving further assignments and from incurring
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additional obligation of payments pending
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corrective action or pending a decision to terminate
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this contract.
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In order to terminate or suspend this contract,
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the Lead Agency must notify Florida Health in
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writing of the action to be taken, the reason for
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such action, and the conditions of the suspension
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or termination. Said notice shall be afforded ten
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(10) days prior to any action being taken pursuant
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to this provision. The notification will also
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indicate what corrective actions are necessary to
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remove the suspension and will stipulate a reasonable
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time period to correct these actions.
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2. Terminiation/reduction, due to lack of funds. In
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the event funds to finance this contract become
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unavailable or are reduced, the Lead Agency may
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reduce or terminate this contract upon no less than
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twenty-four hours notice in writing to Florida
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Health. The final determination as to the avail-
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ability of funds is to be made exclusively by the
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Lead Agency.
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3. Termination for breach. The Lead Agency and Florida
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Health agree that this contract may be terminated
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upon evidence of any violation of this agreement,
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including but not limited to, violation of any
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Federal or State law, rule or regulation. Such
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termination shall be effective immediately upon
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written notice delivered to Florida Health. A
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waiver of breach under any provision of this contract
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shall not be deemed to be a waiver of any other breach
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and shall
not
be construed to be a modification of 1
the terms
of
the contact. 2
D. In the event of
the
termination of this contact for 3
any reason, Florida Health shall furnish to the Lead 4
Agency such reports, records, files and audit materials 5
as may be requested, based upon work completed under 6
the provisions of the contract. 7
E. Client shall be accepted for provision of services only 8
by the Lead Agency. 9
IN WITNESS WHEREOF, the parties hereto have caused this contract to be 10
executed by the undersigned. 11
FLORIDA HEALTH NURSING SERVICES, INC.
BY: / c��
MISS JOBYNA L. OKELL
Typed Name
TITLE: TREASURER
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Michael H. Puto
Typed Name
TITLE: Mayor/Chairman of Board
DATE: September 14, 1989 DATE: October 11, 1989
DANNY I,. XOLU GE, Clerk
LevATTEST: --.r-r.` �� 1 ��Wz ATTEST:
f OL r
#NNOYiD AS TO POW
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