Resolution 571-1989
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RESOLUTION NO. 571
-1989
A RESOL~'ION BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR TO APPROVE THE
CONTRACT BETWEEN FLORIDA HEALTH NURSING
SERVICES, INC. AND MONROE COUNTY CONCERNING
NURSING SERVICES TO BE PERFORMED FOR
MONROE COUNTY IN HOME SERVICES CCE AND
CCDA CLIENTS.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board
is hereby authorized to approve the contract between Florida
Health Nursing Services, Inc. and Monroe County concerning
nursing services to be provided to Monroe County In Home
Services CCE and CCDA clients, for FY 1989-90, a copy of same
being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on this ~ day of Llctvb~~ 1 1989, A.D.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By /I/I~~4
Mayor /,Chairman
{Seal)
Attest: DANNY L. KOLHAGE, Clerk
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APPROVED AS TO FORM
AND L(/'~UFFICIENCY'
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Attorney's Office
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CON T R ACT
THIS CONTRACT entered into on this
day of
.' 1989, between the
Board of County Commissioners of Monroe County Florida as the 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, Herein-
after 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 8
with the Community Care for the Elderly (CCE) program guidelines 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 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
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, guide-
lines and Executive Orders pertaining to civil
rights and equal employment opportunity.
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 pro-
vision through an approved insurance program. Said
insurance shall specifically address liability coverage
for contractural 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 there-
with caused by reasons of and predicated upon any liability
of Florida Health for its 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.
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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
confurmity 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.
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
2.
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.
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 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 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.
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3.
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 will be on the
basis of twenty cents (20C) 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.
Florida Health together with the Lead Agency jointly agree as
follows:
A.
This contract shall commence on July 1, 1989 and shall
continue until June 30, 1990, at which time the Lead
Agency shall have the option to renew the agreement for
a period of one additional year, upon the same terms and
conditions, excepting only an increase in the initial and
review visit 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 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 monay payable hereunder shall not exceed
$1,890.00 per month.
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
C.
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requirememts including the reporting requirement
provided herein. The Lead Agency may, for
1
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reasonable cause prohibit Florida Health from 3
receiving further assignments and from incurring 4
additional obligation of payments pending 5
corrective action or pending a decision to terminate 6
this contract. 7
In order to terminate or suspend this contract, 8
the Lead Agency must notify Florida Health in 9
writing of the action to be taken, the reason for 10
such action, and the conditions of the suspension 11
or termination. Said notice shall be afforded ten 12
(10) days prior to any action being taken pursuant 13
to this provision. The notification will also 14
indicate what corrective actions are necessary to 15
remove the suspension and will stipulate a reasonable 16
2.
time period to correct these actions.
Terminiation/reduction, due to lack of funds. In
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the event funds to finance this contract become 19
unavailable or are reduced, the Lead Agency may 20
reduce or terminate this contract upon no less than 21
twenty-four hours notice in writing to Florida 22
3.
Health. The final determination as to the avail-
ability of funds is to be made exclusively by the
Lead Agency.
Termination for breach. The Lead Agency and Florida
Health agree that this contract may be terminated
upon evidence of any violation of this agreement,
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including but not limited to, violation of any 29
Federal or State law, rule or regulation. Such 30
termination shall be effective immediately upon 31
written notice delivered to Florida Health. A 32
waiver of breach under any provision of this contract 33
shall not be deemed to be a waiver of any other breach 34
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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 HITNESS HHEREOF, the parties hereto have caused this contract to be 10
executed by the undersigned. 11
FLORIDA HEALTH NURSING SERVICES, INC.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
/
BY:
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BY:
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MISS JOBYNA L. OKELL
Typed Name
Typed Name
TITLE:
TREASURER
TITLE:
DATE:
September 14, 1989
DATE:
ATTEST:
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