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HomeMy WebLinkAbout12/17/2003 Subcontract CONSENT TO SUBCONTRACT DENTAL SERVICES This consent to subcontract is made and entered into this 17 t:!J day of December, 2003, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board," and the RURAL HEALTH NETWORK OF MONROE COUNTY, FLORIDA, INC., hereinafter referred to as "PROVIDER." WHEREAS, on October 15, 2003, the parties entered into an agreement whereby the PROVIDER is to provide health-related services to the disadvantaged citizens of Monroe County (the original agreement); and WHEREAS, paragraph 12 of the original agreement prohibits the assignment or subcontracting of any of the PROVIDER'S duties and obligations under the original agreement without the consent of the Board; and WHEREAS, the PROVIDER desires to subcontract the provision of dental services in Monroe County to Christensen Hsu; now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. The Board consents to the PROVIDER subcontracting the provision of dental services in Monroe County to Christensen Hsu, according to the terms and conditions of the agreement between the PROVIDER and Christensen Hsu. A copy of that agreement is attached to this consent to subcontract agreement as Exhibit A and is hereby made a part of this consent to subcontract agreement. The Board agrees to reimburse the PROVIDER for the survey provision of dental services in Monroe County according to the terms set forth in Exhibit A, subject to the maximum amounts set forth in the original agreement paragraphs one and three and subject to the PROVIDER furnishing reimbursement documentation satisfactory to the Clerk of the Circuit Court. 2. Except as provided in this consent to subcontract agreement, paragraph one, in all other respects the terms and conditions of the parties' original agreement remain in full force and effect. This consent to subcontract does not release or waive the obligation of the PROVIDER to see that its d~~~~~responsibilities under the original agreement are satisfactorily performed. :.(. ~ ( "'1\,'\ t:~:'I;::::::':!:,~""'" 4' ':';:;'~-=rf'I19::W~'t~,ESS WHEREOF, the parties hereto have caused these presents to be executed as of ,l:~"::'~~da~tQlfi),9 'year first written above. I'" ,:iH It., . , , .fLt;tf;:( o;i BOARD OF COUNTY COMMISSIONERS ,,\\\j, ......., r:DANNY;?L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA \;~~~{?'Q,Jxf~ Deputy Clerk. BY~ C~ Mayor/Chairman ro i:h By #;. r c. c.. C' ltJ cr.:. 0:: Bv;2 u.. o W .J ':' RURAL HEALTH NETWORK OF .MONROE COUNTY, INC. (Federal ID No. [? ,7'- OL}71f1S] ) \.I.. /1; \ ~~.J&V Dire~r '~ONROE COUNTY ATTORNEY PROVED AS T M' consent to subcontract - rural health Kura! Health Network o{ Monroe Cv., FL,Inc. Contract and Agreement {or Dental '? . lsionals CONTRACT AND AGREEMENT FOR DENTAL PROFESSIONALS This agreement is made on the between the RURAL REALlH NE1WORK OF MONROE CO., FL, INC., Post.Office Box 4966, Key West, FL 33041-4966;nereinafter referred to as RHNMC and CUr/s/i?.A.5G!-Pt & t/ . hereinafter referred to as the Provider, and whose tax ID and/or social securityn~beris 557-.35 -7265 .andwhoseaddressis;?1/ vade Z3:, '/Y ~/uR.f1 n . 3~~yo Now, therefore, in consideration of the mutual promises passing between the parties, there agrees as follows: 1. RECITAL: RHNMC was created to improve the quality of and access to health care available to the residents of Momoe Co., FL. RHNMC desires to engage the services of the Provider and the Provider is agreeable to rendering services for RHNMC. . 2. TERM OF AGREEMENT: RHNMC agrees to contract with the Provider from (.J ~ 0 ~ 3 until oJ~ ~,.za>~ and)im>upJt the following schedule: (daysfho1ll1l1o be worked) \ '1 .. S / ~ h./~ f . It is understood and agreed by both parties that intemu ent ~bsences by the provider for professional or other reasons shall not necessarily alter or terminate this agreement. However, such intermittent absences shall not be .. compensated. It is the good faith intention that this agreement will continue until otherwise ended by either party. Any renewal agreement, as applicable, shall be in writing. Unless there are changes in the existing contractual conditions, renewals and/or amendments may be aa:omplished by attaching a statement (by signatures) the parties' agreement to renewal and/ or amend and its duration (by dates).. 3. RIGHT TO TERMINAlE: RHNMC reserves the right to immediately terminate this agreement if the Provider fails to perform consistently with the terms of this agreement or operate the program in conformance with all requirements. RHNMC reserves the right to terminate this agreement if funding sources are decreased or discontinued. Notwithstanding the above, at any time either party may terminate this agreement by providing to the other party a minimum of thirty (30) days written notice. 4. DUTIES: During the term of this contract and agreement or any extension thereof, the Provider shall p'rovide oral health care services for clients served bv RHNMC for those days and/ or hours specified by this agreement. Those services may include screeninm;/ exams. cleanings. x-rays. fillings( extractions, sealant services, dentures (partial and full), as well as "simple" endodontics and p,griodontal procedures. .Emergencv care, infection control and oral pain management may also be offered. By striking through any of the procedures listed above and by the initials placed beside each strike by the Provider and the RHNMC representative, the Provider indicates his/her unwillingness or inability to perform this/these service(s) and that RHNMC is agreeable to that/those specification(s).. And/or, the Provider elects to provide the following lists of services and procedures. ----- ~ -------- 5. LEG~ REQUIREMEN1S AND DENTAL CARE PARAMETERS: The Provider expressly agrees that he/she shall comply fully with the licensure grant requirements as set forth by the Board of Dentistry for the State of Florida, and by the parameters recom.ri1~ded by the American Dental Assodation and protocols adopted by RHNMC. These parameters will be made av.ailable in writing to the dental professional by RHNMC The Provider shall provide RHNMC with a copy of current licensure and subsequent copies of all renewal of licensure, as applicable. 6. (As Applicable) COMPLIANCE WITH FS 466.0285. RHMMC and the Provider mutually agree to abide by the stipulations contained in FS 466.0285. In that regard, the Provider shall not be considered an employee of RHNMC, and shall act as an independent agent and licensed dental practitioner under the laws of the State of Florida. In addition, RHNMC will not interfere, control or direct the clinical judgment of the Provider. Finally, RHNMCwill exercise no control over any dental I Kural Health Network of Monroe Co., FL, Inc. CQntract and Agreement for Dental p~ sionals equipmet;lt or materials to be used for any an d all denta1procedures, but will maintain the equipment in good working order, as directed and/ or advised by the Provider. 7. DISBURSEMENT OF FUNDS: The following funds shall be allocated by RHNMC to the Provider for' the services provided pursuant to this contract and agreement:: The full time equivalent (ft~) of $100,000 per year, but at 0.6 fte, or 24 hours per wee~ payable semi-monthly (15th and 31st of each month). RHNMC and the Provider both agree that based on client or organizational need, this fte may be increased by mutual consent, and so noted in an amendment to this document. The Provider a~ to si~ over throu~ appropriate documentation, all receipts from Medicaid Medicare, third party insurance billings, FL KidCare reimbursement and FL Medi-Pass to RHNMC for professional services performed and claimed under this agreement and in RHNMC operated facilities. 8. RECORDS: The Provider agrees to record all information relevant oral health services performed and consultations provided, as applicable. RHNMC will maintain and retain all such records for a period of ten (10) years from the date of the termination of this agreement. 9. LIABILITY INSURANCE: The Provider shall maintain his/her professionalliabilitv insurance but .such expense shall be paid bv RHNMC as a reimbursement.. 10. INDEMNIFICATION: RHNMC shall indemnify the Provider and hold him/her/it harmless against ..' .. ..' all claims, actions, liabilities, judgments and settlements, including (but not limited to) personal ' injury or death of any person, or for physical damage to or destruction of property, as well as any and all related expenses, including attorneys' fees and other legal costs, concerning any actual or alleged negligence, error, omission, or act of RHNMC or any of its employees, agents, contractors, or designees for the duration of this contract and/ or employment, and in perpetuity. The Provider shall indemnify and hold RHNMC harmless against all claims, actions, liabiliti~, judgments and settlements, including but not limited to personal injury or death of any person, or for physical damage to or destruction of property, as well as any and all related expenses, including attorneys' fees and other legal costs, concerning any actual or alleged negligence, error, omission, or act of the Provider or any of his/her agents, employees, contractors, or designees for the duration of this contract and in perpetuity. 11. AGENCY: The Provider shall have no authority to enter into any contract binding on RHNMC, or to create any obligations on the part of RHNMC, except as shall be specifically authorized in writing by RHNMC. 12. DISPARAGEMENT: All parties and their agents shall refrain from making remarks to clients, other agendes or organizatiom, or any other person or entity, which shall be construed as disparaging to either of the parties, other subcontractors, or any other person connected with this project during the term of this contract and agreement or any renewal thereof. 13. POLICIES/PROCEDURES/FEDERAL PRIVACY: The Provider agrees to abide by all RHNMC polides, procedures, and rules, including but not limited to RHNMC and federallllP AA privacy rules and regulations. RHNMC agrees to make its polides, procedures, rules and regulations and periodic updates available to the Provider. 14. LEA VB TIME; CLINIC SERVICE TIME. The Provider shall not be comidered an employee of RHNMC in compliance with state law. However, the Provider may be allowed up to 24 hours of personal leave per year after the first six months of contract execution in the full increment of 24 hours or less. Such leave must be approved at least 30 days prior to the planned leave time by RHNMC. The Provider may also be allowed to take as much as 24 hours of sick leave for herself or her dependent(s) per year without loss of compensation. Such leave may only be tak~n after the first six months of the contract period. The provider shall schedule clinic setvices with other staff in such a way that clinic services will fill an 8 hour work day. H services extend beyond the 8 hour period based on clinical need, the Provider will appropriately finish the service or reschedule the client for a follow-up visit. RHNMC shall not compensate the provider beyond the 8 hour workday schedule. 15. ENTIRE AGREEMENT: This instrument contains the entire agreement of the parties. It may not be changed orally, but only upon an agreement in writing signed by any party against whom 2 Contract and Agreement lor Dental p~ ~sionats ---- --.'''~~L'''. .' enforcement of any waiver, change, modification, exteusion or discharge is sought. H any provisions of this agreement shall be declared invalid and unenforceable, the remainder of this agreement shall remain in fun force and effect 16. GOVERNING AU1HORITY: The Executive Director of RHNMC, under the authority vested in him by the RI-I1\'MC Board of Directors, hereby delegates the RHNMC health services director with the authority to execute this agreement and to negotiate with the Provider in any and matters before both parties. 17. GOVERNING LAW: This agreement shaII be construed, interpreted, governed, and enforced in and under the laws of the State of Florida. THEREFORE, THE PAR1~ lOTHE TERMs OF THIS CONTRAcr AND AGREEMENT: 7f}, // / 7 '3~3 Mark L. Szurek, Ph. ., / Date For the RuralHeal Network of Monroe Co., FL, Ine. ~~~-'~ 7~3 (S/gDaaure 01 Conbacting enta1 PmlessicmaJfDate, "The Pmvider'1/Dale / (Please attach a copy of a C1IIftnt auricul.um vitae, Iicenswe and plOOf 01 C1IIftnt liability inswaoce, as applicable.) "- ___ AMENDMENT: Both parties agree that the Provider shall perform services in accord with this agreement on and between July 16~ 2003 through July 25~ 2003~ and on and between August 13~ 2003 through August 22~ 2003. The Provider will resume contract service~ on September 2~~. 2003. Compensation for these intervals shall be on a,pro rata ba~i. $48/hr.zr-~" 11'~~11!? nit! NMC 4L. Z~r 3 or> ~'