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
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AP~~ t~TO FORM
"N!J\'7'l)('CIENCY. .'
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,
.
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 ~"\
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LEITE::; :3
Interstate Fire & Casualty
INSURED
~:: Florida Health Nursing
1510 Venera Avenue
Coral Gables, FL 33146
i COMPANY C
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Services, Inc.
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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.
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8/19/88
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STATUTORY
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