HomeMy WebLinkAbout08/20/2003 Agreement
GRANT AGREEMENT
Rural Health Network, Inc.
THIS GRANT AGREEMENT is entered into this 20th day of August
2003, by and between Monroe County, a political subdivision of the State of Florida, (the County)
and the Rural Health Network, Inc., a Florida nonprofit corporation, (RHN).
WHEREAS, RHN desires to assist the County and other interested parties in determining
the feasibility of establishing a Health Insurance Trust fund to provide health insurance for the
residents of Monroe County who are ages 18-64;
WHEREAS, the County desires to utilize the services of RHN to conduct an actuarial study
of the County's historical health care payment costs in order to assist the County and others in
establishing the financial projections for a Health Insurance Trust Fund for the current residents of
Monroe County ages 18-64;
WHEREAS, the establishment of such financial projections through an actuarial study
serves a primary public purpose; now, therefore
In consideration of the mutual covenants and promises set forth below, the parties agree
as follows:
1.a) RHN shall conduct a cross sampling of the health histories and expenses of all
County residents regardless of income and prepare an actuarial study and financial projections for
a health insurance trust fund to provide health insurance in Monroe County to persons ages 18-
64. RHN must complete the study within sixty (60) days of the effective date of this Agreement.
The County Administrator may extend the time for completion past the sixtieth (60th) day, if the
delay is due to circumstances beyond the control of RHN; provided, however, the time of
completion and payment may not be extended past the one year anniversary date of the effective
date of this grant agreement without the approval of the Board of County Commissioners.
b) When RHN has completed the actuarial study and financial projections described in
subparagraph l(a), RHN shall submit a copy of the study to the County Administrator together
with an invoice for the payment of $15,000. If the County Administrator, after he has reviewed
the study and projections, determines that RHN has satisfactorily completed the same, he shall
note his approval on the invoice and forward it to the Clerk for payment. If the County
Administrator determines that the study and projections have not been satisfactorily completed,
he shall so inform RHN in a written memorandum which must include a description of the
deficiencies in need of correction before payment can be made. Upon receipt of satisfactory
documentation to remedy the deficiencies, County shall forward the authorization to the Clerk for
payment.
c) RHN acknowledges that the total amount paid to RHN pursuant to this grant
agreement may not exceed $15,000 regardless of the cost of completing the actuarial study
described in subparagraph l(a).
d) RHN may not assign or subcontract its obligations under this grant agreement
without the written permission of the County Administrator, except that RHN may subcontract
with Milliman USA for the preparation of the actuarial study and financial projections with no
further permission needed from the County Administrator. However, any RHN/Milliman USA
contract in no way relieves RHN of its duties and obligations under this grant agreement.
2. RHN agrees to keep its financial records pertaining to this grant agreement
pursuant to generally accepted accounting principles consistently applied and to retain those
records for a period of three years from the date of final payment. The records must be made
available to an auditor employed by the Clerk or County during regular business hours (M-F, 9 AM
- 5 PM, holidays excepted). If an auditor employed by the Clerk or County determines that
monies paid to RHN pursuant to this grant agreement were spent for purposes not authorized by
this grant agreement, then RHN must repay to the County the amount erroneously spent together
with interest calculated at the rate established by Sec. 55.03(1), FS, running from the date the
auditor determined that the amount was erroneously spent.
3. RHN agrees to, and shall, defend, hold harmless and indemnify, the County, its
officers and employees from and against any and all liability, claims, judgments, charges, fines,
costs, damages and expenses (including reasonable market value attorney's fees, costs and
expenses, at the administrative, trial and appellate levels) with regard to any damage to property
or injury to persons, including death, arising out, or related to, any act or omission of RHN, its
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officers, employees, volunteers, contractors (in any tier) and agents arising out of RHN's
obligations under this grant agreement. This paragraph will survive the termination date
described in paragraph 9.
4. All written communication required by this grant agreement must be sent by
certified mail, return receipt requested, or by a national courier service (e.g., Federal Express) to
the persons and addresses below:
County
County Administrator
1100 Simonton Street
Key West, FL 33040
RHN
Executive Director
P. O. Box 4966
Key West, FL 33041
5. RHN acknowledges that all records pertaining to the actuarial study in its
possession are public records, except for those medical records that are confidential under federal
or state law, and must be made available for examination and copying by a member of the public
upon request. A refusal by RHN to make the public records available for examination and copying
by a member of the public upon request is a material breach of this grant agreement and entitles
the County to immediately terminate the agreement with no further obligation to RHN including
the obligation to pay money.
6. PUBLIC ENTITY CRIME STATEMENT. A person or affiliate who has been placed on
the convicted vendor list following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or RHN under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Sec.
287.017, for Category Two for a period of 36 months from the date of being placed on the
convicted vendor list. If RHN is on the convicted vendor list, then this Contract is void ab initio
with the County under no obligation to pay RHN any compensation or damages under any legal
theory whatsoever.
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7. ETHICS CLAUSE. RHN warrants that he/it has not employed, retained or otherwise
had act on his/its behalf any former County officer or employee subject to the prohibition of
Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3
of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its
discretion, terminate this contract without liability and may also, in its discretion, deduct from the
contract or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
8. JURISDICTION. This grant agreement is governed by the laws of Florida. Venue
for any litigation arising under this grant agreement must be in a court of competent jurisdiction
located in Monroe County Florida. In the event of litigation the prevailing party is entitled to costs
plus a reasonable market value attorney's fee.
9. EFFECTIVE DATE. This grant agreement will take effect on the signature date of
the last party to sign this grant agreement and will terminate upon the date of the final payment
to RHN described in subparagraph l(b) or upon one year from the effective date whichever occurs
first, unless the time for completion of the actuarial study and final payment is extended as
provided in subparagraph l(a).
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RURAL HEALTH NETWORK, INC.
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