01/08/1992C O N T R A C T
'92 ` AN 15 A g `T&S CONTRACT entered into on this8+�day of Ja � u ar , 9� ,
�i ��/ between
the Board of County Commissioners of Monroe County Florida as the
Jf governing body of the County exercising supervision and control over
Monroe County In Home Services, the Community Care for the Elderly
(CCE) and Community Care for Disabled Adults (CCDA) Lead Agency for
Monroe County, hereinafter referred to as the Lead Agency, and
Florida Health Nursing Services, Inc. hereinafter referred to as
Florida Health, for the provision of nursing services to qualified
individuals within Monroe County in accordance with the Community
Care for the Elderly (CCE) and Community Care for Disabled Adults
(CCDA) program guidelines promulgated by the State of Florida
Department of Health and Rehabilitative Services and the District 11
Area Agency on Aging.
The parties agree:
1. Florida Health shall do the following:
A. Make home visits to CCE and CCDA clients for initial
and follow-up review visits as assigned by the Lead
Agency.
Such visits made by and the services provided
hereunder shall be rendered by a Registered Nurse in
accordance with HRS Manual 140-4 (CCE) and
140-8 (CCDA).
B. Complete a CCE/CCDA Care Plan and/or re-evaluation
form indicated by the Lead Agency for each client visit
made.
II
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.
E. Comply with all Federal and State Laws, rules and
regulations including, but not limited to the following:
1. All applicable standards, criteria and guidelines of
the Community Care,for the Elderly Program, the
Community Care for Disabled Adults Program, and any
other applicable guidelines or criteria established
by the Department of Health and Rehabilitative
Services, State of Florida, Area Agency on Aging, or
any other applicable Federal or State Agency.
2. All applicable statutes, rules, regulations,
guidelines and Executive Orders pertaining to civil
rights and equal employment opportunity.
3. All personell who are required by law to be licensed
in order to provide the services under this contract
are duly licensed by the proper authorities.
It is expressly understood that upon receipt of substantial evidence
of any violation of these laws, rules and regulations, the Lead
Agency shall have the right to terminate this contract immediately.
F. Provide Insurance. Florida Health shall maintain
Professional Liability Insurance or make adequate
provision through an approved insurance program. Said
insurance shall specifically address liability coverage
for contractual agreements for services. Florida
Health shall provide the Lead Agency with written proof
of insurance coverage prior to commencement of this
agreement.
G. Provide Indemnification. Florida Health agrees to fully
indemnify and shall hold the Lead Agency and Monroe
County harmless from any claims, suits, judgements,
damages, costs and reasonable attorneys fees in
connection therewith caused by reasons of and predicated
upon any liability of Florida Health for it's negligent
acts or intentional acts of either omission or
commission in the performance of the nursing services
contemplated herein. In no way does this
indemnification seek to relieve or indemnify the Lead
Agency from its own acts of negligence.
H. Safeguard information. Florida Health shall not use or
disclose any information concerning a recipient of
services under this contract for any purpose not in
conformity with the Federal and State laws or
regulations except on written consent of the recipient
or their responsible parent or guardian when authorized
by law, and except in compliance with sub -paragraph J
below.
I. Maintain records in accordance with standards and
acceptable audit procedures adequate for proper audit or
program activities and to make same available to the
Lead Agency or its duly authorized representatives.
J. ABUSE, NEGLECT AND EXPLOITATION REPORTING. If at any
time an employee of the provider is aware of or
suspects that abuse, neglect or exploitation of
children, disabled persons or aged persons has
occurred, as defined in Chapter 415, Florida Statutes,
he/she is required to immediately report such known or
suspected abuse or neglect to the Department of HRS by
calling the ABUSE REGISTRY. Failure of the employee to
immediately report known or suspected abuse, neglect or
exploitation may constitute a breach of contract and
may result in termination of the contract.
2. The Lead Agency agrees to do the following:
A. Pay Florida Health a "fee for service" basis the sum of
fifteen dollars and fifty cents ($15.50) for each
Initial Visit and eleven dollars ($11.00) for each
sixty day Review Visit, during which services are
provided to said client, as assigned by the Lead
Agency. No fee shall be paid in the event that a client
is not available when Florida Health visits the home.
Payment shall be made on a monthly basis the end 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 monthly assignment sheets listing the clients
to be visited.
D. Reimburse Florida Health for reasonable mileage
traveled to the assigned clients homes for the
performance of the initial and review visits. Mileage
shall be on the basis of twenty cents (20�) per mile.
Mileage reimbursement will be included in the monthly
payment. No payment for mileage shall 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 i
as follows:
A. This contact shall commence on November 1, 1991 and
shall continue until June 30, 1992, at which time the
Lead Agency shall have the option to renew the
agreement for a period of two additional years
(7/1/92-6/30/93 7/1/93-6/30/94) upon the same terms
and conditions, excepting only an increase in the
initial and review visits price to match any rise in
the cost of living index as such information is
provided by the Federal Government.
B. The total number of clients to be served under this
contract shall not exceed 320 CCE elderly clients and
CCDA disabled clients. The total number of visits to
be made by Florida Health shall not exceed 150 per
month. The total amount of money payable hereunder
shall not exceed $1,890.00 per month.
C. The contract provisions herein may be terminated for
the following causes:
1. Suspension for reasonable cause. The Lead Agency
may for any reasonable cause, including but not
limited to, the failure to comply with the
reporting requirements provided herein, temporarily
suspend Florida Health pending corrective action or
pending decision to terminate this contract. Said
Florida Health will not be entitled to payment of
any fee for service until it fully complies with
all requirements including the reporting
requirements provided herein. The Lead Agency may
for reasonable cause, prohibit Florida Health from
receiving further assignments and from incurring
additional obligation of payments pending
corrective action or pending a decision to
terminate this contract.
In order to terminate or suspend this contract, the
Lead Agency must notify Florida Health in writing of
the action to be taken, the reason for such action
and the condition of the suspension or termination.
Said notice shall be afforded ten (10) days prior to
the effective date of any action being taken
pursuant to this provision.
The notification shall also indicate what corrective
actions are necessary to remove a suspension and
shall,in case of suspension. stipulate a reasonable
time period to take these corrective actions.
2. Termination/reduction, due to lack of funds. In
the event funds to finance this contract become
unavailable or are reduced, the Lead Agency may
reduce or terminate this contract upon no less than
twenty-four hours notice in writing to Florida
Health. The final determination as to the
availability of funds is to be made exclusively by
the Lead Agency.
3. Either party may terminate this contract prior to
the effective termination date without
cause upon thirty days written notice .
Said notice shall be delivered by certified mail
returned receipt requested by either party.
Contact person to be notified for this action will
be: Gwen Rodriguez, Representing Monroe County
Board of County Commissioners
1315 Whitehead Street
Key West, Florida 33040
and
Erica Fichter, Representing Florida Health
Nursing Service, Inc.
1500 West Sample Road - Suite 1189
Pompano Beach, Florida 33064
4. 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, violations
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
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as may be requested, based upon work completed under
the provision of the contract.
E. In the event of early termination of this contract for
any reason, the Lead Agency and County shall not be
responsible for payments for any services provided
after the effective date of termination.
F. Client shall be accepted for provision of services only
by the Lead Agency.
G. It is expressly agreed that at all times and for all
Purposes hereunder Florida Health is an independent
contractor and that no statement contained in this
contract shall be construed so as to find contractor or
any of its employees, contractors, servants, or agents
to be employees of the County or ofrthe Lead Agency.
H. This contract shall not be assigned unless previously
approved in writing by both the County and the Lead
Agency. This contract shall be incorporated into any
such assignment by reference and shall be binding upon
the parties hereto an their assigns and successors.
IN WITNESS WHEREOF, the parties hereto have caused this contract to
be executed by the undersigned.
FLORIDA HEALTH NURSING SERVICE, INC. MONROE COUNTY BOARD OF COUNTY
BY: �C c. Aa�
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Erica Fichter
Typed Name
TITLE: Administrator
DATE: 12-9-91
ATTEST :]2Z
COUNTY COMMISSIONERS
BY: ' w
i
Wilhelmina Harvey
Typed Name
TITLE: Mayor/Chairman
DATE- - dQ
ATTEST: ) /c. e.
' f "EN1047/
APPROvrD ASFTfC OPM
BY Anon u " Office
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