Resolution 418-1987
Louis LaTorre, Director
Social Services
RESOLUTION NO. 418 -1987
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR
TO EXECUTE A CONTRACT BY AND BETWEEN THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AND FLORIDA HEALTH NURSING SERVICES, INC.
CONCERNING NURSING SERVICES IN CONNECTION WITH
THE COMMUNITY CARE FOR THE ELDERLY (CCE) AND
THE COMMUNITY CARE FOR DISABLED ADULTS (CCDA)
PROGRAMS.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board hereby authorizes the
Mayor to execute a Contract by and between the Board of County
Commissioners of Monroe County, Florida, and Florida Health
Nursing Services, Inc., a copy of the same being attached hereto,
concerning nursing services in connection with the Community Care
for the Elderly (CCE) and the Community Care for Disabled Adults
(CCDA) Programs.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 3rd day of November, 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
By:g~_t-
AI MAN
(SEAL)
Attest :DANNX L. KOLHAGE, ~lerk
JJ,J.;./? 4m/flJ.,t.
r
APP ED AS TO FOR:::, ~
GALSUF:/CfEN~~,
BY
Attor'ney's Office
CON T R ACT
THIS CONTRACT entered into on this first day of July, 1987, 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, hereinafter 5
referred to as the Lead Agency, and FLorida Health Nursing Services, Inc., 6
hereinafter referred to as Florida Health, for the provision of nursing 7
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 XI Area Agency on Aging. 12
The Parties agree: 13
1. Florida Health will do the following: 14
A. Make home visits to CCE and CCDA clients for initial 15
and follow-up review as assigned by the Lead Agency. Such 16
visits shall be made by and the services ~rovided hereunder 17
shall be rendered by a Registered Nurse in accordance with 18
HRS manual 140-4, Community Care for the Elderly Program 19
and HRS manual 140-8, Community Care for Disabled Adults 20
Program. 21
B. Complete a CCE/CCDA Care Plan and/or Re-evaluation Form 22
as indicated by the Lead Agency for each client visit made. 23
C. Deliver to the Lead Agency office those forms completed 24
for clients visits as designated by the Lead Agency, no later 25
than the fifteenth and thirtieth day of each month. 26
D. Complete accurate monthly mileage reimbursement request 27
forms for submission to the Lead Agency. no later than the 28
last work day of the month. 29
E. Comply with all Federal and State laws, rules and 30
regulations including, but not limited to the following: 31
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1. All applicable standards, criteria and guidelines
of the Community Care for the Elderly Program, 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.
1
2
3
4
5
6
7
(
2. All applicable statutes, rules, regulations, guidelines 8
and Executive Orders pertaining to civil rights and equal 9
employment opportunity. 10
It is expressly understood that upon receipt of substantial evidence of any 11
violation of these laws, rules and regulations, the Lead Agency shall have 12
the right to terminate this contract immediately. 13
F. Provide Insurance. Florida Health shall maintain Professional 14
Liability Insurance or make adequate provision through an approved 15
insurance program. Said insurance shall specifically address
16
liability coverage for contractural agreements for services. 17
Florida Heal th shall provide the Lead Agency with written proof of 18
insurance coverage prior to commencement of this agreement. 19
G. Provide 1ndemnification. Florida Health agrees to fully
indemnify and shall hold the Lead Agency and Monroe County harmless 21
from any claims, suits, judgements, damages, costs, and reasonable 22
attorneys fees in connection therewith caused by reasons of and 23
predicated upon any liability of Florida Health for its negligent 24
acts or intentional acts of either omission or commission in the 25
performance of the nursing services contemplated herein. In no 26
way does this indemnification seek to relieve or indemnify the 27
Lead Agency from its own acts of negligence. 28
H. Safeguard Information. Florida Health shall not use or
disclose any information concerning a recipient of services 30
under this contract [or any purpose not in conformity with the 31
Federal and State laws or regulations except on written consent 32
of the recipient or their responsible parent or guardian when 33
authorized by law. 34
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20
29
I. Maintain records in accordance with standard and accepted 1
audit procedures adequate for proper audit or program 2
activities and to make same available to the Lead Agency or 3
its duly authorized representatives. 4
2. The Lead Agency agrees to do the following: 5
A. Pay Florida Health on a "fee for service" basis the 6
sum of Fifteen dollars ($15.00) for each initial visit 7
and Ten dollars and Fifty cents ($10.50) for each sixty 8
day follow-up (review) visit, during which services are 9
provided to said client, as assigned by the Lead Agency. 10
No fee will be paid in the event that a client is not 11
available when FLorida Health visits the home. Payment will 12
be made on a monthly basis the last day of each month and 13
upon validation of the statement of service on a form 14
prescribed by the Lead Agency. 15
B. Provide the appropriate CCE and CCDA forms to be completed 16
by Florida Health. 17
C. Provide a weekly assignment sheet listing the clients 18
to be visited. 19
D. Reimburse Florida Health for reasonable mileage traveled 20
in making client visits on the basis of 20~ per mile. Mileage 21
reimbursement will be included in the monthly payment. No 22
payment for mileage will be made in the event a client is not 23
available when Florida Health visits the home. 24
3. Florida Health together with the Lead Agency jointly agree 25
as follows: 26
A. This contract shall commence on July 1, 1987 and shall 27
terminate on June 30, 1988. 28
B. The total number of clients to be served under this 29
agreement shall not exceed 336 CCE elderly and CCDA disabled 30
clients. The total number of visits to be made by Florida 31
Health shall not exceed 168 per month. The total amount of 32
money payable hereunder shall not exceed $1,890.00 per month. 33
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c. The contract provisions herein may be terminated for
1
the following causes: 2
1. Suspension for reasonable cause. The Lead Agency 3
may for any reasonable cause, including but not limited 4
to, failure to comply with the reporting requirements 5
provided herein, temporarily suspend Florida Health 6
pending corrective action or pending decision to 7
terminate this contract. Said Florida Health will 8
not be entitled to payment of any fee for service 9
until it fully complies with all requirements including 10
the reporting requirements provided herein. The Lead 11
Agency may, for reasonable cause, prohibit Florida 12
Health from receiving further assignments and from 13
incurring additional obligation of payments pending 14
corrective action or pending a decision to terminate 15
this contract. 16
In order to terminate or suspend this contract, the 17
Lead Agency must notify Florida Health in writing 18
of the action to be taken, the reasons for such action, 19
and the conditions of the suspension or termination. 20
Said notice shall be afforded ten (10) days prior to 21
any action being taken pursuant to this provision. 22
The notification will also indicate what corrective 23
actions are necessary to remove the suspension and 24
will stipulate a reasonable time period to correct 25
these actions. 26
2. Termination/reduction due to lack of funds. In 27
the event funds to finance this contract become 28
unavailable or are reduced, the Lead Agency may reduce 29
or terminate the contract upon no less than twenty-four 30
hours notice in writing to Florida Health. The final 31
determination as to the availability of funds is to be 32
made exclusively by the Lead Agency. 33
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3. Termination for breach. The Lead Agency and Florida
1
Health agree that this contract may be terminated upon
2
evidence of any violation of this agreement, including
3
but not limited to, violation of any Federal or State law,
4
rule or regulation. Such termination shall be effective
5
immediately upon written notice delivered to Florida Health. 6
A waiver of breach under any provision of this contract 7
shall not be deemed to be a waiver of any other breach and 8
shall not be construed to be a modification of the terms 9
of the contract. 10
D. In the event of the termination of this contract for any
11
reason, Florida Health shall furnish to the Lead Agency such
12
reports, records, files and audit materials as may be requested
13
based upon work completed under the provisions of the contract.
14
E. Client shall be accepted for provision of services only by
15
the Lead Agency.
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IN WITNESS WHEREOF, the parties hereto have caused this contract to be
17
executed by the undersigned.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
FLORIDA HEALTH NURSING
SERVICES, INC.
BY:
BY:
Typed Name
Typed Name
TITLE:
TITLE:
DATE:
DATE:
ATTEST:
. ATTEST:
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