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Resolution 271-1988 Louis LaTorre, Exec. Dir. Social Services RESOLUTION NO. 271 -1988 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ- ING THE MAYOR/CHAIRMAN OF THE BOARD 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 FOR COMMUNITY CARE FOR THE ELDERLY (CCE) AND COMMUNITY CARE FOR DISABLED ADULTS (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 execute a Contract by and between the Board of County Commissioners of Monroe County, Florida, and Florida Health Nursing Services, Inc., a copy of same being attached hereto, concerning nursing services for Community Care for the Elderly (CCE) and Community Care for Disabled Adults (CCDA) clients. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 5th day of July, A.D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By:g~o~ RMAN (Seal) Attest: DANNY L. KOLHAGE, Clerk ~~J)~ AP~~ t~TO FORM "N!J\'7'l)('CIENCY. .' __~"1J _."\t:,/;"nri/.,~ O,ffir.e , . CON T R ACT THIS CONTRACT entered into on this first day of July 1988, 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 provided 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 Page 1 of 5 , . 1. All applicable standards, criteria and guidelines 1 the Community Care for the Elderly Program, Community 2 Care for Disabled Adults Program, and any other applicable 3 guidelines or criteria established by the Department of 4 Health and Rehabilitative Services, State of Florida, 5 Area Agency on Aging or any other applicable Federal or 6 State Agency. 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 11 any violation of these laws, rules and regulations, the Lead Agency shall 12 have 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 Health shall provide the Lead Agency with written proof 18 of insurance coverage prior to commencement of this agreement. 19 G. , Provide Indemnification. Florida Health agrees to fully 20 idemnify and shall hold the Lead Agency and Monroe County harmless 21 from any claims, suits, judgements, damages, cos~s, 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. Safegaurd Information. Florida Health shall not use or 29 disclose any information concerning a recipient of services 30 under this contract for 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 Page 2 of 5 I. Maintain records in accordance with standards and accept- 1 ed audit procedures adequate for proper audit or program 2 activities and to make same available to the Lead Agency or 3 it 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 completed16 by Florida Health. 17 C. Provide weekly assignment sheet listing the clients to 18 be visited. 19 D. Reimburse Florida Health for reasonable mileage traveled 20 in mileage client visits on the basis of 20<: per mile. Mile- 21 age reimbursement will be included in the monthly payment. 22 No payment for mileage will be made in the event a client 23 is not 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, 1988 and shall 27 terminate on June 30, 1989. 28 B. The total number of clients to be served under this 29 shall not exceed 336 CCE elderly and CCDA disabled clients. 30 The total number of visits to be made by Florida Health 31 shall not exceed 168 per month. The total amount of money 32 payable hereunder shall not exceed $1,890.00 per month. 33 Page 3 of 5 c. The contract provisions herein may be terminated for the 1 following causes: 2 1. Suspension for reasonable cause. The Lead Agency 3 may for any reasonable cause, including but not limited 4 to, the 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 not be entitled to payment of any fee for service unit it fully complies with all requirements including the 8 9 10 reporting requirements provided herein. The Lead Agency 11 may, for reasonable cause, prohibit Florida Health from 12 receiving further assignments and from incurring additional 13 obligation of payments pending corrective action or 14 pending a decision to terminate this contract. 15 In order to terminate or suspend this contract, the Lead 16 Agency must notify Florida Health in writing of the action 17 to be taken, the reason for such action, and the conditions 18 of the suspension or termination. Said notice shall be 19 afforded ten (10) days prior to any action being taken 20 pursuant to this provision. The notification will also 21 indicate what corrective actions are necessary to remove 22 the suspension and will stipulate a reasonable time period 23 to correct these actions. 24 2. Termination/reduction due to lack of funds. In the 25 event funds to finance this contract become unavilable 26 or are reduced, the Lead Agency may reduce or terminate 27 the contract upon no less than twenty-four hours notice 28 in writing to Florida Health. The final determination as 29 to the availability of funds is to be made exclusively by the Lead Agency. 30 31 Page 4 of 5 3. Termination for breach. The Lead Agency and Florids 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. 16 IN WITNESS WHEREOF, the parties hereto have cause this contract to be 17 executed by the undersigned. 18. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA FLORIDA HEALTH NURSING SERVICES, INC. Byl2~1 ~ BY: Eugene R. Lytton, Sr. Typed Name Jobyna Okell Typed Name TITLE: Mayor TITLE: Administrator/Treasurer DATE: 7-5... 8f' ATTEST:f2..L ,I, If.-1,iJ.l'. DATE: ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICfEIVCY. BY Attorney's Office Page 5 of 5 - -NE(.L AMENDMENT ENDORSEMENT NO( 7 THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED IS HEREBY AMENDED AS FOllOWS: In consideration of an additionll premium of $500.00, it is understood and agreed that the following entity is added as an additional Naned Insured: Plus Tax' $15.00 Board of County Commissioners Monroe County, Florida , , SURPLUS LINES AGENT, EDWARD l. WOlCHICIC L1C. #I 009-30.8590.05 4763 S. CONWAY RD.. SUITE B 'RlANDO, Fl 32812 PROD. AGT....Rrnwn & Brown CITY l}a;;,rnn;r! THE INSURANCE IS ISSUED PURSUANT TO THE flORIDA SURPLUS LINES LAW. f'ER:>ONS .,'lSUREO IY SURPLUS LINES CARRfEIlS 00 NOT HAVE THE. PROTECTION OF THE Fl:;RIDA INSU~ANCE GcJ"RANTY ACT TO fHf EXTENT 01 ANi RIGHT OF ~[COVERY FOR THE 08 . LIGATION Of pN IN:;OL~ENT l N',~CtNSEP 't'I;;URE~. FllLll51-87 filed 1st qt. 1988 All OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. ANNUAL PREMIUM DUE AT ENDORSEMENT EFFECTIVE DATE Additional Premium Return Premium $ $ INSTALLMENT PREMIUM PAYMENTS Date Due Prior Installments REVISED INSTALLMENTS $ $ ENDORSEMENT TOTAL PREMIUM $ $ $ $ $ $ $ $ Issued to Florida Health Nursing Service, Inc. D: INTERSTATE FIRE & CASUALTY COMPANY o CHICAGO INSURANCE COMPANY o INTERSTATE INDEMNITY COMPAN~ Attached to and forming part of Policy No. 80 -1093088 Effective 11/2/87 By IlG-9-35 (1/82) INSURED ;o?ODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO rllGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXE~m OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Brown & Brown, Inc. P.O. lDrawer 1712 Daytona Beach,FL 32015 CO;V'PJ~NIES AFFORDING COVERAGE ; ; cC~.'P~~.Y ~"\ i LETTE? i ccr.~p.A~JY LEITE::; :3 Interstate Fire & Casualty INSURED ~:: Florida Health Nursing 1510 Venera Avenue Coral Gables, FL 33146 i COMPANY C i LETT~R I ! CO~.I~PANY !) : LETTER Services, Inc. .- ~ ! cO'.~P~'N ~ ! LETTE"l .... r. ... f:J: ~. ." -"-." ~ ,....; "-...~ . ;!::~ ,~.; 't,':'" F""" -~ ":" . , -,~ -- ~...: -t THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HA VE BEEN ISSUED TO THE INSURED NAMED. ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH flESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI. TIONS CF SUCH POLICIES. -.. ~, cel , LTR! POLICY EtO:tCT:'.!~ DATE I MMiDor IY) ,.'OE OF INSURANCE :='~~UCY ~,=.:::.,n;O'J OA TE ; 'r.~IOD;Yfl POLICY ~jUMBER i GE~;ERAL LIABILITY f--, A '-X c:'.~,??Ef,E,.SIVE FO'l. M n ;:;E'"rSES/OPERATlO~S j-11.,:\D~;;G:JJU~~D , ! ::,?~SS;~~. & COLlJl,?SE HAZARD P ~~C'~UCTSiCO~.~PLETED OPEflATlm,S i ! C8,"iR ,CTU"L n '~.8E?E~:OE~:T CONTRACTORS >--.. L-; 3=-::;'0 F::;,~,' FWlPt'Rrf DAMAGE H ?ERSO~:AL i~,JURY i ' PERSONAL INJURY 80-1093088 8/19/88 I aO:JILY I I rNJUilY I S I PROPERTY I ,:JA\1AGE I S I : I ! ! 31 & PD I COI,1';;~lED ! S 1 ,000 8/19/87 .."". i AUTOMOBILE LIABILITY U ;'~<Y hUTO ~ ;'LL aWNED AUTOS (PRIV PASS,) ~ ';LL O'''NED AUTOS (OTHER THAN) .. PRIV, PASS, HIRED AUTOS. riO~,O\'lNED AUTOS I GARAGE lIABllIrf H I I I EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM ~~~~~~EO S ! ';~:~i;;:,:.., i s , I ^"- , I ~":i; l I ,c,; .'" ^"..,. I $ .' ~., "\A".uc,. , , , PROPERTY I I DAMAGE : S 1'31 & PO I I cc~,'alNED . S I ' i~ 7:' 1 " WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY s s s iOTHER A!Prof. Liability 180-1093088 i '8/19/88 r 8/19/87 1,000,000 DESCRIPTION OF OPERA TIONS/LOCA TIONSNEHICLES/SPECIAL ITEr.1S AGGREGATE .0:1'. ;-..... l~ J.' t~~ ..-- :-~\.. ~''l La ~~ :~ ~.'.~ ~ ~-~! <-:-'~ :;.;j r::.;.j J~-.. ~ '~~ f~ 1,000 $ I i I I i IS (E;'C~ ;'CC:D~r~n (DISEI-SE ,POLICY Li~.'IT)