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Item C12
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/17/2013 Division: Deputy County Administrator Bulk Item: Yes X No Department: Social Services Staff Contact Person: Sheryl Graham 305 292-4510 AGENDA ITEM WORDING: Approval of Amendment#0001 to Florida Department of Children and Families Standard Grant Agreement#KG069,Community Care for Disabled Adults(CCDA) between the State of Florida, Department of Children and Families and Monroe County Board of County Commissioners(Social Services/In Home Services). ITEM BACKGROUND: The purpose of amendment#001 is to add a special provision incorporating into Contract No. KG069 those provisions required by 45 CFR. s. 164.504(e), Health Insurance Portability and Accountability Act(HIPAA). PREVIOUS RELEVANT BOCC ACTION: Prior approval granted by the BOCC on 6/20/12 for the Florida Department of Children and Families Standard Grant Agreement #KG069, Community Care for the Disabled Adults (CODA). CONTRACT/AGREEMENT CHANGES: Revisions to Page''1, Standard Contract, Section 4, Contract Document to include Attachment III,Page 8, Standard Contract, above the signature block, amends the total number of pages in the contract due to the addition of Attachment III, revision to Page 24, Attachment 1, Section D., Special Provisions to add an additional paragraph D. 5. STAFF RECOMMENDATIONS: Approval TOTAL COST: $163,466.00 BUDGETED: Yes X No COST TO COUNTY: $14 711.94 in kind(match required) SOURCE OF FUNDS: Grant funds REVENUE PRODUCING; Yes N/A No AMOUNT PER: MONTH: YEAR: APPROVED ` ' �. t/ BY: Oounty Atty. C��IB1Purchasing Risk Managementbf'L�� DOCUMENTATION: Included X Not Required To Follow DISPOSITION; AGENDA ITEM# Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: State of Florida,Department of Contract: KG069 Children and Families Effective Date: 9/20/201 Expiration Date: 06/30/2014 Contract Purpose/Description: Approval of Amendment#0001 to Florida Department of Children and Families Standard Grant Agreement#KG069,Community Care for Disabled Adults(CODA)between the State of Florida, Department of Children and Families and Monroe County Berard of County Commissioners(Social Services/In Home Services). Contract Manager: Sheryl Grab (305) Social Services/Stop I 292-4510 (Name) (Ext.) (Department/Stop#) For BOCC meeting on 9/17/2013 Agenda Deadline: 9/3/2013 CONTRACT COSTS Total Dollar Value of Contract: approx. $163,46600 Current Year Portion: $ Budgeted?Yes X No 0 Account Codes: 125 - 6153712 - County Match:$14,711.94 - - - Additional Match: Total Match$14,711.94 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e. .Maintenance,utilities,janitorial,salaries,etc) CONTRACT REVIEW Changes Date Put Date I Needed er Division Director a / Yes❑ No 1 Risk Management �- Yes❑ No / ---- Er l ` O.M.B./Purchasingro? ��3 Yes 0 No Al County Attorney Yes 0 No e Comments: OMB Form Revised 2/27/01 MCP#2 URIUMAL * Contract No. KG069 Amendment#0001 THIS AMENDMENT, entered into between the State of Florida, Department of Children and Families, hereinafter referred to as the "Department," and Monroe County, hereinafter referred to as the "Provider," amends Contract No. KG069. The purpose of Amendment# 0001 is to add a special provision incorporating into Contract No. KG069 those provisions required by 45 CFR s.164.504(e). 1. Page 1, Standard Contract, Section 4, Contract Document, is hereby amended to read: 4. Contract Document The Provider shall provide services in accordance with the terms and conditions specified in this contract including its attachments I Il & Ill and Exhibits A B C & D, and any exhibits reference in said attachments, together with any documents incorporated,by reference, which contain all the terms and conditions agreed upon by the parties. The definitions found in the Standard Contract Definitions located at http://www.dcf.state.€l.us/admin/contracts/docs/GlossaryofContractTerms.pdf are incorporated into and made a part of this contract. The PUR 1000 Form (10/06 version) is hereby incorporated into and made a part of this contract. Sections 1d., 2-4, 6, 8-13, 20, 23, 27, and 31 of the PUR 1000 Form are not applicable to this contract. In the event of any conflict between the PUR 1000 Form and any other terms or conditions of this contract, such other terms or conditions shall take precedence over the PUR 1000 Form. 2. Page 8, Standard Contract, above the signature block, amends the total number of pages in the contract due to the addition of Attachment III as follows: "IN WITNESS THEREOF, the parties hereto have caused this thirty-seven (37) page contract to be executed by their undersigned official as duly authorized. 3. Page 24, Attachment 1, Section D., Special Provisions, is hereby amended to add the following paragraph D.S.: S. Health Insurance Portability and Accountability Act In compliance with 45 CFR s.164.504(e), the Provider shall comply with the provisions of Attachment III, to this Contract, governing the safeguarding, use and disclosure of Protected Health Information created, received, maintained, or transmitted by the Provider or its subcontractors incidental to Provider's performance of this Contract. The provisions of the foregoing Attachment supersede all other provisions of Attachment I regarding HIPAA compliance. 4. Pages 33-37, Attachment III, are hereby inserted and attached hereto. This amendment shall begin on September 20, 2013 or the date on which the amendment has been signed by both parties, whichever is later. All provisions of the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform to this amendment. All provisions of the contract not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. t KG069 Contract No. KGO69 Amendment'#0001 This amendment is hereby made a part of the contract IN WITNESS THEREOF, the parties hereto have caused this seven (71 glige amendment to be executed by their officials°thereunto duly authorized. PROVIDER: STATE OF FLORIDA MONROE COUNTY DEPARTMENT OF CHILDREN AND FAMILIES SIGNED SIGNED BY BY., NAME: George NeMnt NAME: Gilda P. Ferradaz TITLE: Mayg TITLE: Interim Enional Managing Director DATE: DATE: Federal ID Number. 59-6000749 APPROVED AS TO FORM #AND-., OAL SUFFICIENCY Regional Legal Counsel Date MON C LINTY 4 NEY DV C A RCADO STANT UNTY AT TORN Y Hate C 2 KG069 ATTACHMENT III This Attachment contains the terms and conditions governing the Provider's access to and use of Protected Health Information and provides the permissible uses and disclosures of protected health information by the Provider, also called "Business Associate." Section 1. Definitions 1.1 Catch-all definitions: The following terms used in this Attachment shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use. 1.2 Specific definitions: 1.2.1 "Business Associate" shall generally have the same meaning as the term "business associate" at 45 CFR 160.103, and for purposes of this Attachment shall specifically refer to the Provider. 1.2.2 "Covered Entity" shall generally have the same meaning as the term "covered entity" at 45 CFR 160.103, and for purposes of this Attachment shall refer to the Department. 1.2.3. "HIPAA Rules" shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164. 1.2.4. "Subcontractor" shall generally have the same meaning as the term "subcontractor" at 45 CFR § 160.103 and is defined as an individual to whom a business associate delegates a function activity, service , other than in the capacity of a member of the workforce of such business associate. Section 2. Obligations and Activities of Business Associate 2.1 Business Associate agrees to: 2.1.1 Not use or disclose protected health information other than as permitted or required by this Attachment or as required by law; 2.1.2 Use appropriate administrative safeguards as set forth at 45 CFR § 164.308, physical safeguards as set forth at 45 CFR § 164.310, and technical safeguards as set forth at 45 CFR § 164.312; including, policies and procedures regarding the protection of PHI and/or ePHI set forth at 45 CFR § 164.316 and the provisions of training on such policies and procedures to applicable employees, independent contractors, and volunteers,that reasonably and appropriately protect the confidentiality, integrity, and availability of the PHI and/or ePHI that the Provider creates, receives, maintains or transmits on behalf of the Department; 2.1.3 Acknowledge that (a) the foregoing safeguards, policies and procedures requirements shall apply to the Business Associate in the same manner that such requirements apply to the Department, and (b) the Business Associate's and their Subcontractors are directly liable under the civil and criminal 33 KG069 enforcement provisions set forth at Section 13404 of the HITECH Act and section 45 CFR § 164.500 and 164.502(E) of the Privacy Rule(42 U.S.C. 1320d-5 and 1320d- ), as amended, for failure to comply with the safeguards, policies and procedures requirements and any guidance issued by the Secretary of Health and Human Services with respect to such requirements; 2.1.4 Report to covered entity any use or disclosure of protected health information not provided for by this Attachment of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 14.410, and any security incident of which it becomes aware;' 2.1.5 Notify the Department's Security Officer, Privacy Officer and the Contract Manager as soon as possible, but no later than five (5) business days following the determination of any breach or potential breach of personal and confidential departmental data; 2.1.6 Notify the Privacy Officer and Contract Manager within (24) hours of notification by the US Department of Health and Human Services of any investigations, compliance reviews or inquiries by the US Department of Health and Human Services concerning violations of HIPAA (Privacy, Security Breach). 2.1.7 Provide any additional information requested by the Department for purposes of investigating and responding to a breach; 2.1.8 Provide at Business Associate's own cost notice to affected parties no later than 45 days following the determination of any potential breach of personal or confidential,departmental data as provided in section 817.5681, F.S.; 2.1.9 Implement at Business Associate's own cost measures deemed appropriate by the Department to avoid or mitigate potential injury to any person due to a breach or potential' breach of personal and confidential departmental data; 2.1.10 Take immediate steps to limit or avoid the recurrence of any security breach and take any other action pertaining to such unauthorized access or disclosure required by applicable federal and state laws and regulations regardless of any actions taken by the Department ; 2.1.11 In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the business associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect to such information. Business Associate's must attain satisfactory assurance in the form of a written contract or other written agreement with their business associate's or subcontractor's that meets the applicable requirements of 164.504(e)(2)that the Business Associate or Subcontractor will appropriately safeguard the information. For prior contracts or other arrangements, the provider shall provide written certification that its implementation complies with the terms of 45 CFR 164.52(d); 2.1.12 Make available protected health information in a designated record set to covered entity as necessary to satisfy covered entity's obligations under 45 CFR 164.524; 2.1.13 Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy covered entity's obligations under 45 CFR 164.526; 2.1.14 Maintain and make available the information required to provide an accounting of disclosures to the covered entity as necessary to satisfy covered entity's obligations under 45 CFR 164.528; 34 KGO69 } 2.1.15 To the extent the lousiness associate is to carry out one or more of covered entity's obligation(s) under Subpart E'of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance` of such obligations); and 2.1.16 Make its internal practices, books, and records available to the Secretary of the U.S. department of Health and Human Services for purposes of determining compliance with the HIPAA Rules. Section 3. Permitted Uses and Disclosures by Business Associate 3.1 The Business associate may only use or disclose protected health information covered under this Attachment as listed below: 3.1.1 The Business Associate may use and disclose the Department's PHI and/or ePHI received or created by Business Associate (or its agents and subcontractors) in performing its obligations pursuant to this Attachment. 3.1.2 The Business Associate may use the Department's PHI and/or ePHI received or created by Business Associate (or its agents and subcontractors)for archival purposes. 3.1.3 The Business Associate may use PHI and/or ePHI created or received in its capacity as a Business Associate of the Department for the proper management and administration of the Business Associate, if such use is necessary (a)for the proper management and administration of Business Associate or(b)to carry out the legal responsibilities of Business Associate. 3.1.4 The Business Associate may disclose PHI and/or ePHI created or received in its capacity as a Business Associate of the Department for the proper management and administration of the Business Associate if(a)the disclosure is required by law or(b)the Business Associate (1) obtains reasonable assurances from the person to whom the PHI and/or ePHI is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person and (2)the person agrees to notify the Business Associate of any instances of which it becomes aware in which the confidentiality and security of the PHI and/or ePHI has been breached. 3.1.5 The Business Associate may aggregate the PHI and/or ePHI created or received pursuant this Attachment with the PHI and/or ePHI of other covered entities that Business Associate has in its possession through its capacity as a Business Associate of such covered entities for the purpose of providing the Department of Children and Families with data analyses relating to the health care operations of the Department (as defined in 45 C.F.R. §164.501). 3.1.6 The Business Associate may de-identify any and all PHI and/or ePHI received or created pursuant to this Attachment, provided that the de-identification process conforms to the requirements of 45 CFR § 164.514(b). 3.1.7 Follow guidance in the HIPAA Rule regarding marketing, fundraising and research located at Sections 45 CFR § 164.501, 45 CFR§ 164.508 and 45 CFR §'164.514. 35 KG069 Section 4. Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions 4.1 Covered entity shall notify lousiness associate of any limitation(s) in the notice of privacy practices of covered entity under 45 CFR 164.520, to the extent that such limitation may affect business associate's use or disclosure of protected health information. 4.2 Covered entity shall notify business associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect business associate's use or disclosure of protected health information. 4.3 Covered entity shall notify business associate of any restriction on the use or disclosure of protected health information that covered entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect business associate's use or disclosure of protected health information. Section 5. Termination 5.1 Termination for Cause 5.1.1 Upon the Department's knowledge of a material breach by the Business Associate, the Department shall either: 5.1.1.1 Provide an opportunity for the Business Associate to cure the breach or end the violation and terminate the Agreement or discontinue access to PHI if the Business Associate does notcure the breach or end the violation within the time specified by the Department of Children and Families; 5.1.1.2 Immediately terminate this Agreement or discontinue access to PHI if the Business Associate has breached a material term of this Attachment and does not end the violation; or 5.1.1.3 If neither termination nor cure is feasible, the Department shall report the violation to the Secretary of the Department of Health and Human Services. 5.2 Obligations of Business Associate Upon Termination 5.2.1 Upon termination of this Attachment for any reason, business associate, with respect to protected health information received from covered entity, or created, maintained, or received by business associate on behalf of covered entity, shall: 5.2.1.1 Retain only that protected health information which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; 5.2.1.2 Return to covered entity, or other entity as specified by the Department or, if permission is granted by the Department, destroy the remaining protected health information that the Business Associate still maintains in any form; 5.2.1.3 Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health 36 KG069 a information to prevent use or disclosure of the protected health information, other than as provided for in this Section, for as long as Business Associate retains the protected health information; 5.2.1.4 Not use or disclose the protected health information retained by Business Associate other than for the purposes for which such protected health information was retained and subject to the same conditions set out at paragraphs 3.1.3 and 3.1.4 above under "Permitted Uses and Disclosures By Business Associate"which applied prior to termination; and 5.2.1.5 Return to covered entity, or other entity as specified by the Department or, if permission is granted by the Department, destroy the protected health information retained by business associate when it is no longer needed by business associate for its proper management and administration or to carry out its legal responsibilities. 5.2.1.6 The obligations'of business associate under this Section shall survive the termination of this Attachment. Section 6. Miscellaneous 6.1 A regulatory reference in this Attachment to a section in the HIPAA Rules means the section as in effect or as amended. 6.2 The Parties agree to take such action as is necessary to amend this Attachment from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law. 6.3 Any ambiguity in this Attachment shall be interpreted to permit compliance with the HIPAA Rules. 37 KG069 Contract No. KG069 Client® Non-CIWM 0 CFDA No. LLP FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES STANDARD CONTRACT THIS CONTRACT is entered into between the Florida Department of Children and Families,hereinafter referred to as the'Department'and Monroe County.hereinafter referred to as the'Provider". The Department and Provider agree as hollows: 1. Purpose. The Department is engaging the Provider for the purpose of providing Community Care for Disabled Adults Services,as further described in Attachment I hereto. The Provider shalt perform all tasks and provide units of deliverables,including reports,findings.and drafts,as contract. These deliverables must be received and accepted by the contract manager m to ndrn9s specified in this and to the`satisfaction of the Department. writing payment,subject to subsequent audit and review 2. Effective and Ending Dates. This contract shall begin on July 1,2012,or on the date on which the contract has been signed by the last party required to sign it,whichever is later. It shall end at midnight Eastern time,on June 30,2014. 3. Payment for Services.The Department shalt pay for contracted services according to the terms and conditions of this contract of an amount not to exceed$163.466.00,or the rate schedule;subject to the availability of funds and satisfactory performance of aft terms by the Provider. The State of Florida's performance and obligation to pay under this contract is confi gent upon an annual appropriation by the Legislature. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this oontract 4. Contract Document The Provider shall provide services in accordance with the terms and conditions specified In this contract Including Its attachments,`I&H and Exhibits A,8,C&O,and any exhibits referenced In said attachments,together with any documents incorporated by reference, which'contain all the terms and conditions agreed upon by the parties. The deflnitiorrs found In the Standard Contract Definitions,located at httpJAvww.dcf.state.fl,usiadmirVcontracts/does/Gloss gWContract'Temis.pdf are Incorporated Into and made a part of this Contract. The PUR 1000 Form (10/06 version)Is hereby incorporated into and made a part of this Contrail. Sections 1.d..2-4,6,8-13,-19,22,23,27,31,'and 36 of the PUR 1000 Form are not applicable to this contract. In the event of any conflict between the PUR 1000 Form and any other terms or conditions of this contract,such other terms or conditions shall take precedence over the PUR 1000 Form. 5. Compliance with Statutes,Rufes and Regulations. in performing its obligations under this Contract,the Provider shalt without exception be aware of any compliance with State and Federal laws,rules and regulations relating to its performance under this Contract,including but not limited to those described in Section 34 of this Contract 6. Inspections and Corrective Action. The Provider shall permit all persons who are duly,authorized by the Department to inspect and copy any records,papers,documents,facilities,goods and services of the Provider which are relevant to this contract,and to interview any clients,employees and subcontractor employees of the Provider to assure,the Department of the satisfactory performance of the terms and conditions of the contract, Following such review,the Department will deliver to the Provider a written report of its find,and may direct the development,by the Provider,of a corrective action plan where appropriate, The Provider hereby agrees to timely correct all deficiencies Identified in the corrective action plan. This provision will not limit the Departments termination rights under Section 30. 7. Independent Contractor,Subcontracting and Assignments. 'a. in performing its obligations under this contract,the Provider shall at alf times be aging in the capacity of an independent contractor and not as an officer,employee,or agent of the State of Florida,except where the Provider is a state agency-;Neither the Provider nor any of its agents, employees,subcontractors or assignees shalt represent to others that it is an agent of or has the authority to bind the Department by virtue of this Contract,unless specifically authorized In writing to do so. This contract does not create any tight In any individual to state retirement,leave benefits or any other benefits of state employees as a'result of performing the duties or obligations of this contract b. The Provider shall take such actions as may be necessary to ensurethat it and each subcontractor of the Provider will be deemed to be an independent contractor and will not be considered or permitted to be an officer,employee,or agent of the State of Florida. The Department will not furnish services of support(e.g.,office space,office supplies,telephone service,secretariat or clerical support)to the Provider,or its subcontractor or assignee.unless specifically agreed to by the Department in this contract. All deductions for social security,withholding taxes,income taxes, contributions to unemployment compensation funds and all necessary insurance for the Provider,the Provides officers,employees,agents, subcontractors,or assignees shall be the sole responsibility of the Provider. c. The Provider shall not assign the responsibility for this contract to another party without prior written approval of the Department,upon the Department's sole determination that such assignment will not adversely affect the public interest;however,in no event may the Provider assign or enter into any transaction having the effect of assigning or transferring any right to receive payment under this contract which right is not conditioned on full and faithful performance of the Provider's duties hereunder.Any sublicense,assignment,or transfer otherwise occurring without prior approval of the Department shall be nu#and void. The Provider shall riot subcontract for any of the work contemplated under this contract without prior written approval of the Department,which shall not be unreasonably withheld. d. The State of Florida shall at all times be entitled to assign or transfer.in whole or part,Its rights,duties,or obligations under this contract to another governmental agency in the State of Florida or to a provider of the Department's selection,upon giving prior written notice to the Provider. In the event the State of Florida approves transfer of the Provider's obligations,the Provider rernains responsible for all work performed and all expenses incurred In connection with the contract. This contract shall remain binding upon the lawful successors in interest of the Provider and the Department. e. To the extent permitted by Florida Law,and in compliance with Section 7.c.,the Provider is responsible for all work performed and for all commodities produced pursuant to this contract whether actually furnished by the Provider or by its subcontractors. Any subcontracts shall be evidenced by a written document The Provider further agrees that the Department shall not be liable to the subcontractor in any way or for any reason relating to this Contract f. The Provider shag include,in all subcontracts(at any tier)the substance of all clauses contained in this Standard Contract that mention or describe subcontract compliance, g. To the extent that a subcontract provides for payment after Provider's receipt of payment from the Department,the Provider shall make payments to any subcontractor within 7 working days after receipt of full or partial payments from the Department in accordance with section 287.0585,F.S.,unless otherwise stated in the contract between the Provider and subcontractor. Failure to pay within seven(7)working days will CF Standard Contract 05/2012 t Contract KGO69 result in a penalty that shaft be charged against the Provider and paid by the Provider to the subcontractor in the amount of one-half of one percent (.005)of the amount due per day from the expiration of the period alloyed for payment. Such penalty shalt be in addition to actual payments owed and shalt not exceed fifteen(15%)percent of the outstanding balance due. 8. Provider Liability and Indemnity. The Provider shall be fully liable for the actions of its agents,employees;partners,or subcontractors and shall fully indemnify,defend;and hold harmless the State and the Department,and their officers,agents,and employees,from suits,actions,damages,claims and costs of every name and description,including attorneys'fees: a. arising out of or by reason of the execution of this contract or arising from or relating to any alleged act or omission by the Provider,its agents, employees,partners,or subcontractors in relation to this agreement provided;however,that this indemnity shall not include that portion of any loss or damages proximately caused by the negligent act or omission of the Department. This indemnity specifically precludes compensation of the Provider for any obligations of any kind to any person,paid or unpaid;incurred as a result of a culpable act or omission of the Provider,its agents,employees or subcontractors. b. arising from or relating to violation or infringement of a trademark,copyright,patent,trade secret or intellectual property right associated with a service or product of the Provider;provided,however,that the foregoing obligation shall not apply to Department's misuse or modification of Provider's products or a Department's operation or use of Providers products in a manner not contemplated;by the contract. If any product is the subject of an infringement suit or claim or in the Provider's opinion is likely to become the subject of such a suit or claim,the Provider may at Its sole expense procure for the Department the right to continue using the product or to modify it to become non-infringing: If the Provider is not reasonably able to modify or otherwise secure the Department the right to continue using the product,the Provider shall;without limiting the Department's remedies at law for breach or nonperformance,remove the product and provide a fully-licensed replacement to the Department's satisfaction. The Department shall not be liable for any royalties. The Provider's indemnification for violation or infringement of a trademark,copyright,patent,trade secret or intellectual property right shall encompass all such items used or accessed by the Provider,its officers,agents or subcontractors in the performance of this contract or delivered to the Department for the use of the Department;its employees,agents or contractors. c. arising from or relating to Provider's claim that a record contains trade secret information that is exempt from disclosure or the scope of the Provider's redaction of the record,as provided for under Section 27.c.,including litigation initiated by the Department: The Provider's inability to evaluate liability or its evaluation of liability shall not excuse its duty to defend and indemnify after receiptof notice. Only an adjudication or judgment after the highest appeal is exhausted finding the Department negligent shall excuse the Provider of performance under this provision,in which case the Department shall have no obligation to reimburse fhe Provider for the cost of its defense. If the Provider is an agency or subdivision of the State,Its obligation to indemnify,defend and hold harmless the Department shall be to the extent permitted by section 76828,F.S.or other applicable law,and without waiving the limits of sovereign immunity. 9. Insurance.The Provider shall maintain continuous adequate liability Insurance coverage during the existence of this contract and any renewal(s)and extension(s)thereof.With the exception of a state agency or subdivision as defined by subsection 768.28(2),F.S.,by execution of this contract,the Provider accepts full responsibility for identifying and determining the type(s)and extent of liability insurance necessary to provide reasonable financial protections for the Provider and the clients to be served under this contract.The limits of coverage under each policy maintained by the Provider do not limit the Provider's liability and obligations under this contract.Upon the execution of this contract,the Provider shall furnish the Department written verification supporting both the determination and existence of such insurance coverage.Such coverage may provided by a self-insurance program established and operating under the laws of the State of Florida.The Department reserves the right to require additional insurance as specified in this contract 10. Notice of Legal Actions. The Provider shall notify the Department of legal actions taken against them or potential actions such as lawsuits,related to services provided through this contractor that may impact the Provider's ability to deliver the contractual services,or adversely impact the Department. The Department's contract manager will be notified within 10'days of Provider becoming aware of such actions or from the day of the legal filing,whichever comes first. 11. Client Risk Prevention. If services to clients are to be provided under this contract,the Provider and any subcontractors shall,in accordance with the client risk prevention system,report those reportable situations listed In CFOP 215-6 in the manner prescribed in CFOP;215-6. The Provider shall immediately report any knowledge or reasonable suspicion of abuse,neglect,or exploitation of a child,aged person,or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number(1-800-96ABUSE). As required by Chapters 39 and 415,F.S.,this provision is binding upon both the Provider and its employees. 12. Emergency Preparedness Plan. If the tasks to be performed pursuant to this contract include the physical care or supervision of clients,the Provider shall,within 30 days of the execution of this contract,submit to the contract manager an emergency preparedness plan which shall Include provisions for records protection,alternative accommodations for clients in substitute care,supplies,and a recovery plan that will allow the Provider to continue functioning in compliance with the executed contract in the event of an actual emergency. a. For the purpose of disaster planning,the term supervision includes the responsibility of the Department,or its contracted agents to ensure the safety,permanency and well-being of a child who is under the jurisdiction of a dependency court. Children may remain in their homes,be placed in a non-licensed relativetnon-relative home,or be placed in a licensed foster care setting. b. The Department agrees to respond in writing within 30 days of receipt of the plan accepting,rejecting,or requesting modifications.In the event of an emergency,the Department may exercise oversight authority over such Provider in order to assure implementation of agreed emergency relief provisions. e. An updated emergency preparedness plan shall be submitted by the Provider no later than 12 months following the acceptance of an original plan or acceptance of an updated plan. The Department agrees to respond in writing within 30 days of receipt of the updated plan,accepting, rejecting,or requesting modification to the plan. 13. Intellectual Property. It is agreed that all intellectual property,inventions,written or electronically created materials,including manuals, presentations,films,or other copyrightable materials,arising in relation to Provider's performance under this contract,and the performance of all of Its officers,agents and subcontractors In relation to this contract,are works for hire for the benefit of the Department,fully compensated for by the contract amount,and that neither the Provider nor any of its officers,agents nor subcontractors may claim any interest In any intellectual property rights accruing under or in connection with the performance of this contract. It is specifically agreed that the Department shall have exclusive rights to all data processing software failing within the terms of section 119.084,F.S.,which arises or is developed In the course of or as a result of work or services performed under this contract,or in anyway connected herewith. Notwithstanding the foregoing provision,if the Provider Is a university and a member of the State University System of Florida,then section 1004.23,F.S.,shall apply. CF Standard Contract 05t2012 2 Contract KGOS9 a. if the Provider uses or delivers to the Department for its use or the use of its employees,agents or contractors,any design,device;or materials covered by letters,patent,or copyright,it is mutually agreed and understood that,except as to those items specifically listed in the Special Provisions of Attachment I as having specific limitations,the compensation paid pursuant to this contract includes all royalties or costs arising from the use of such design,device,or materials in any way involved in the work contemplated by this contract, For purposes of this provision,the term"use"stall include use by the Provider during the term of this Contract and use by the Department its employees,agents or contractors during the term of this Contract and perpetually thereafter. ti. All applicable subcontracts shall include a provision that the Federal awarding agency reserves all patent rights with respect to any discovery or invention that arises or is developed in the course of or under the subcontract. Notwithstanding the foregoing provision,if the Provider or one of its subcontractors is a university and a-member of the State University System of Florida,then section 1004.23,F.S.,shall apply,but the Department shall retain a perpetual,fully-paid,nonexclusive license for its use and the use of its contractors of any resulting patented,copyrighted or trademarked work products. 14. Heat Property. Any state funds provided for the purchase of or improvements to real property are contingent upon the Provider granting to the state a security'interest in the property at least to the amount of the state funds provided for at least five(5)years from the date of purchase or the completion of the improvements or as further required by law. As a condition of receipt of state funding for this purpose,the Provider agrees that;if it disperses of the property before the Department's interest is vacated,the Provider will refund the proportionate share of the states initial investment,as adjusted by depreciation. 15. Publicity. Without limitation,the Provider and its employees,agents,and representatives will not,without prior Departmental written consent in each instance,use in advertising,publicity or any other promotional endeavor any State mark,the name of the State's mark,the name of the State or any State affiliate or any officer or employee of the State,or represent,directly or indirectly,that any product or service provided by the Provider has been approved or endorsed by the State,or refer to the existence of this contract in press releases,advertising or materials distributed to the Provider's prospective customers. 16. Sponsorship. As required by section 286.25,F.S.,If the Provider is a non-govemmentat organization which sponsors a program financed wholly or in part;by state funds,including any funds obtained through this contract,it shall,in publicizing,advertising,or describing the sponsorship of the program state:"Sponsored by(Provider's name)and the State of Florida,Department of Children and Families", If the sponsorship reference is in written material, the words"State of Florida,Department of Children and Families"shall appear in at least the same size letters or type as the name of the organization. 17. Employee Gifts. The Provider agrees that it will not offer to give or give any gift to any Department employee.As part of the consideration for this contract,the parties intend that this provision will survive the contract for a period of two years.In addition to any other remedies available to the Department,any violation of this provision will result in referral of the Provider's name and description of the violation of this term to the Department of Management Services for the potential inclusion of the Provider's name on the suspended vendors list for an appropriate period.The Provider will ensure that.Its subcontractors,If any,comply with these provisions. 18. Official Payee and Party Representatives a The Provider name,as shown on page 1 of this contract,and c. The name,address,telephone number and e-mail address of the mailing address of the official payee to whom the payment shall be contract manager for the Department for this contract is: made is: Name: Monroe County Name: Theresa Phelan Address: 500 Whitehead Street Address: 1111 1 V Street City: Key West State:FL Zip Code'33040 City:Key West State:FL Zip Code:33040 Phone: 305-294-4641 Phone: 305-292-6810 ext• ext: e-mail:trixie Phelan dcf.state.fi.us b.` The name of the contact person and address,telephone,and e- d. The name,address,telephone number and e-mail of the mail address where financial and administrative records are representative of the Provider responsible for administration of the maintained Is: program under this contract is: Name:Kim Wilkes Name. Sheryt Graham Address:1100 Simonton Street Address: 1100 Simonton Street City: Key West State:FL Zip Code:33040 City: Key West State:FL Zip Code:33040 Phone: 305-2924588 Phone: 305-292-4510 ext• ext e-mail:Wilkes=kim@monmecounty-fl,gov e-mail:graham-sheryl@monroecounty-fl.gov Upon change of representatives(names,addresses,telephone numbers or e-mail addresses)by either party,notice shall be provided in writing to the other party and the notification attached to the originals of this contract 19. Invoices. The Provider shall submit bills for fees or other compensation for services or expenses in sufficient detail for proper pre-audit and post-audit. Where itemized payment for travel expenses is permitted in this contract,the Provider shall submit bills for any travel expenses in accordance with section 112 061.F.S.,or at such lower rates as may be provided in this Contract. 20. Final invoice. The final invoice for payment shall be submitted to the Department no more than 45 days after the contract ends or is terminated. If the Provider faits to do so,all rights to payment are forfeited and the Department will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the Provider and necessary adjustments thereto,have been approved by the Department. 21. Financial Consequences. If the Provider fails to meet the minimum level of service or performance identified in this contract,or that is customary for the industry,the Department will apply financial consequences commensurate with the deficiency. Financial consequences may include but are not limited to refusing payment,withholding payments until deficiency Is cured,tendering only partial payments,applying liquidated damages to the extent that this contract so provides,imposition of penalties per Section 29,termination of contract per Section 30'and requisition of services from an alternate source. CF Standard Contract 05/2012 3 Contract KGtIB9 � a Any payment made in reliance on the Provider's evidence of performance,which evidence is subsequently determined to be erroneous,will be immediately due as an overpayment in accordance with Section 22,to the extent of such error. 22. Overpayments. The Provider shall return to the Department any overpayments due to unearned funds or funds disallowed that were disbursed to the Provider by the Department and any interest attributable to such funds pursuant to the terms and conditions of this contract, In the event that the Provider or its independent auditor discovers that an overpayment has been made,the Provider shall repay said overpayment immediately without prior notification from the Department. in the event that the Department first discovers an overpayment has been made,the contract manager,on behalf of the Department,will notify the Provider by letter of such findings. Should repayment not be made forthwith,the Provider will be charged interest at the lawful rate of interest on the outstanding balance after Department notification or Provider discovery. Payments made for services subsequently determined by the Department to not be in full compliance with contract requirements shall be deemed overpayments.'The Department shall have the right to offset or deduct from any amount due under this Contract at any time any amount due to the Department from the Provider under any other contract or agreement. 23. Payment on Invoices. Pursuant to;section 215.422,F.S.,the Department has five(5)working days to inspect and approve goods and services; unless the bid specifications,purchase order,or this contract specify otherwise. With the exception of payments to health care providers for hospital, medical,or other health care services,if payment is not available within forty(40)days;measured from the latter of the date a properly completed invoice is received by the Department or the goods or services are received,inspected,and approved,a separate interest penalty set by the Chief Financial Of c r pursuant to section 55.03,F.S.,will be due and payable in addition to the invoice amount, Payments to health care providers for hospital,medical, or other health care services,shall be made not more than thirty-five(35)days from the date eligibility for payment is determined. Financial penalties will be calculated at the daily interest rate of.03333°1e. Invoices'returned to a Provider due to preparation errors will result in a no 4nterest bearing payment delay. Interest penalties less than one(1)dollar will not be paid unless the Provider requests payment. Payment shall be made only upon written acceptance by the Department and shall remain subject to subsequent audit or review to confirm contract compliance. 24. Vendor Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422,F.S.',which include disseminating information relative to prompt payment and assisting vendors in receiving their payments in a timely manner from a state agency. The Vendor Ombudsman may be contacted at(850)413-5516. 25. Records,Retention,Audits,Inspections and Investigations. a. The Provider shall establish and maintain books,records and documents(including electronic storage media)sufficient to reflect all income and expenditures of funds provided by the Department under this contract.- b. Retention of all client records,financial records,supporting documents,statistical records,and any other documents(including electronic. storage media)pertinent to this contract shall be maintained by the Provider during the tern of this contract and retained for a period of six(6)years after completion of the contract or longer when required by law; In the event an audit is required under this contract,records shall be retained for a minimum period of six(6)years after the audit report Is issued or unfit resolution of any audit findings or litigation based on the terms of this contract, at no additional cost to the Department. c. Upon demand;at no additional cost to the Department,the Provider will facilitate the duplication and transfer of any records or documents during the required;retention period in Section 25.b. d. These records shall be made available at all reasonable times for inspection,review,copying,or audit by Federal,State,or other personnel duly authorized by the Department. e. At all reasonable times for as long as records are maintained,persons duly authorized by the Department and Federal auditors,pursuant to 45 CFR,section 92.36(i)(10),shall be allowed full access to and the right to examine any of the Provider's contracts and related records and documents, regardless of the form In which kept. f. A financial and compliance audit shall be provided to the Department as specified in this contract and In Attachment It. g The Provider shall comply and cooperate immediately with any Inspections,reviews,investigations,or audits deemed necessary by The Office of the Inspector General(section 20.055,F.S.), h. No record may be withheld nor may the Provider attempt to limit the scope of any of the foregoing Inspections,reviews,copying,transfers or audits based on any claim that any record is exempt from public inspection or is confidential,proprietary or trade secret in nature. 26. Public Records. The Provider shall allow public access to all documents,papers,letters,or other public records as defined in subsection 119.011(12),F.S.as prescribed by subsection 119.07(1)F.S,made or received by the Provider in conjunction with this contract except that public records which are made confidential by lave must be protected from disclosure. It is expressly understood that the Provider's failure to comply with this provision shall constitute an Immediate breach of contract for which the Department may unilaterally terminate the contract. a. Unless exempted by law,all public records are subject to public inspection and copying under Florida's Public Records Law,Chapter 119, F.S. Any claim by Provider of trade secret(proprietary)confidentiality for any information contained in Provider's documents(reports,deliverables or workpapers,etc.,in paper or electronic form)submitted in connection with this contract will be waived,unless the claimed confidential information is submitted in accordance with Section 26.b. b. The Provider must dearly label any portion of the documents,data,or records submitted that it considers exempt from public inspection or disclosure pursuant to Florida's Public Records Law as trade secret. The labeling will include a justification citing specific statutes and facts that authorize exemption of the information from public disclosure. if different exemptions are claimed to be applicable to different portions of the protected information,the Provider shall include information correlating the nature of the claims to the particular protected information. c. The Department,when required to comply with a public records request including documents submitted by the Provider,may require the Provider to expeditiously submit redacted copies of documents marked as trade secret in accordance with Section 26.b. Accompanying the submission shall be an updated version of the justification under Section 26.b,correlated specifically to redacted information,either confirming that the statutory and factual basis originally asserted remain unchanged or indicating any changes affecting the basis for the asserted exemption from public inspection or disclosure. The redacted copy must exclude or obliterate only those exact portions that are claimed to be trade secret, If the Provider fails to promptly submit a redacted copy,the Department is authorized to produce the records sought without any redaction of proprietary or trade secret information. d. The Provider shall be responsible for defending Its claim that each and every portion of the redactions of trade secret information are exempt from inspection and copying under Florida's Public Records Law. CF Standard Contract 0512012 4 Contract KGOti9 27. Client Information. The Provider shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 28. Data Security. The Provider shaft comply with the following data security requirements: a. An appropriately skilled individual shall be identified by the Provider to function as its Data Security Officer. The Data Security Officer shall act as the liaison to the Departments security staff and will maintain an appropriate Level of data security for the information the Provider is collecting or using in the performance of this contract. An appropriate level of security Includes approving and tracking all Provider employees that request or have access to any Departmental data system or information.The Data Security Officer will ensure that user access to the data system or information has been removed from all terminated Provider employees. ti; The Provider shall provide the latest Departmental security awareness training to its staff and subcontractors who have access to departmental information. c. All Provider employees who have access to departmental information shall comply with,and be provided a copy of CFOP 50-2,and shall sign the DCF Security Agreement fbn*n CF 0114 annually. A copy of CF 0114 may be obtained from the contract manager. d. The Provider shall make every effort to protect and avoid unauthorized release of any personal or confidential information by ensuring both data and storage devices are encrypted as prescribed in CFOP 50-2. If encryption of these devices is not possible,then the Provider shall assure that unencrypted personal and confidential departmental data will not be stored on unencrypted storage devices.The Provider shall require the same of all subcontractors, a. The Provider agrees to notify the contract manager as soon as possible,but no later than five(5)business days following the determination of any breach or potential breach of personal and confidential departmental data.The Provider shall require the same notification requirements of all subcontractors. f. The Provider shall at its own cost provide notice to affected parties no later than 45 days following the determination of any potential breach of personal or confidential departmental data as provided in section 817.5681,F.S. The Provider shall require the same notification requirements of all subcontractors. The Provider shall also at its own cost implement measures deemed appropriate by the Department to avoid or mitigate potential injury to any person due to a breach or potential breach of personal and confidential departmental data. 29. Financial Penalties for Failure to Take Corrective Action. a. In accordance with the provisions of section 402.73(1),F.S.,and Rule,65-29.001,F.A.C.,corrective action plans may be required for noncompliance,nonperformance,or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. b. The increments of penalty imposition that shall apply,unless the Department determines that extenuating circumstances exist,shall be based upon the severity of the noncompliance,nonperformance,or unacceptable performance that generated the need for corrective action plan.The penalty,if imposed,shall not exceed ten percent(10%)of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made.Noncompliance that is determined to have a direct effect on client health and safety shall result in the imposition of a ten percent(100/6)penalty of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. c. Noncompliance involving the provision of service not having a direct effect on client health and safety shall result in the imposition of a five percent(5%)penalty.Noncompliance as a result of unacceptable performance of administrative tasks shall result in the imposition of a two percent (2%)penalty. d. The deadline for payment shall be as stated in the Order imposing the financial penalties. In the event of nonpayment the Department may deduct the amount of the penalty from invoices submitted by the Provider. 30. The following termination provisions apply to this Contract: a. This contract may be terminated by either party without cause upon no less than thirty(30)calendar days notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S.Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the Contract Manager or the representative of the Provider responsible for administration of the program. b. In the event funds for payment pursuant to this contract become unavailable,the Department may terminate this contract upon no less than twenty-four(24)hours notice in writing to the Provider. Said notice shall be sent by U.S.Postal Service or any expedited delivery service that provides verification of delivery. The Department shall be the final authority as to the availability and adequacy of funds. In the event of termination of this contract,the Provider will be compensated for any work satisfactorily completed. c. In the event the Provider fails to fully comply with the terms and conditions of this contract,the Department may terminate the contract upon no less than twenty-four(24)hours(excluding Saturday,Sunday,and Holidays)notice in writing to the Provider after Provider's failure to fully cure such noncompliance within the time specified In a written notice of noncompliance Issued by the Department specifying the nature of the noncompliance and the actions required to cure such noncompliance. In addition,the Department may employ the default provisions in Rule 60A-1.006(3),F.A.C.. but is not required to do so in order to terminate the contract. The Department's failure to demand performance of any provision of this contract shall not be deemed a waiver of such performance. The Department's waiver of any one breach of any provision of this contract shall not be deemed to be a waiver of any other breach and neither event shall be construed to be a modification of the terms and conditions of this contract The provisions herein do not limit the Department's right to remedies at law or in equity. d. Failure to have performed any contractual obligations under any other contract with the Department in a manner satisfactory to the Department will be a sufficient cause for termination. To be terminated as a Provider under this provision,the Provider must have: (1)previously failed to satisfactorily perform in a contract with the Department,been notified by the Department of the unsatisfactory performance,and failed to correct the unsatisfactory performance to the satisfaction of the Department,or(2)had a contract terminated by the Department for cause. Termination shall be upon no less than twenty-four(24)hours notice in writing to the Provider. CF Standard Contract 05/2012 5 Contract KGO69 x 31, Dispute Resolution. Any dispute concerning performance of the contract or payment hereunder shall be decided by the Department's contract manager,who shall reduce the decision to writing and provide a copy to the Provider. The decision shall be final and conclusive unless within twenty-sane (2 )calendar days from the date of receipt of the contract manager's decision,the Provider delivers to the contract manager a petition for alternative dispute resolution. After receipt of a petition for altemat'ive dispute resolution the Department and the Provider shall attempt to amicably resolve the dispute through negotiations. Timely delivery of a petition for alternative dispute resolution and completion of the negotiation process shall be a condition precedent to any legal action by the Provider concerning this Contract. After timely delivery of a petition for alternative dispute resolution,the parties may employ any dispute resolution procedures described in the Attachment I or other attachment,or mutually agree to an alternative binding or nonbinding dispute resolution process,the terms of which shall be reduced to writing and executed by both parties, Completion of such agreed process shall be deemed to satisfy the requirement for completion of the negotiation process. This provision shall not limit the parties'rights of termination under Section 30. 32. Other Terms a. Any notice that is required under this contract shall be In writing,and sent by U.S.Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery. Said notice shall be sent to the representative of the Provider responsible for administration of the program,to the designated address contained in this contract. b. This contract is executed and entered into in the State of Florida,and shall be construed,performed and enforced in all respects in accordance with Florida law,without regard to Florida provisions for conflict of laws. Courts of competent Jurisdiction In Florida shall have exclusive Jurisdiction in any action regarding this contract and venue shall be In Leon County,Florida. c. Articles which are the subject of or are required to carry out this contract shall be purchased from Prison Rehabilitative industries and Diversified Enterprises,Inc.,(PRIDE)identified under Chapter 946,F.S.,in the same manner and under the procedures set forth In subsections 946.515(2)and (4),F.S. For purposes of this contract,the Provider shall be deemed to be substituted for the Department insofar as dealings with PRIDE. This clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE,(800)643-8459. d. The Provider shall procure any recycled products or materials,which are the subject of or are required to carry out this contract,in accordance with the provisions of sections 403.7065,F.S. e. The Department is committed to ensuring provision of the highest quality services to the persons we serve. Accordingly,the Department has expectations that where accreditation is generally accepted nationwide as a clear indicator of quality service,the majority of the Department's providers will either be accredited,have a plan to meet national accreditation standards,or will initiate a plan within a reasonable period of time. f. The Department of Economic Opportunity and Workforce Florida: The Provider understands that the Department,the Department of Economic Opportunity,and Workforce Florida,Inc.,have Jointly implemented an initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter and remain in gainful employment.The Department encourages;Provider participation with the Department of Economic Opportunity and Workforce Florida. g. Transitioning Young Adults: The Provider understands the Department's interest in assisting young adults aging out of the dependency system. The Department encourages Provider participation with the local Community-Based Care Lead Agency Independent Living Program to offer gainful employment to youth in foster care and young adults transitioning from the foster care system. h. There are no provisions,terms;conditions,or obligations other than those contained herein,and this contract shall supersede all previous communications,representations,or agreements,either verbal or written between the parties. I. If any term or provision of this contract is legally determined unlawful or unenforceable,the remainder of the contract shall remain in full force and effect and such term or provision shall be stricken: J.• Survival of terms. The parties agree that,unless a provision of this Standard Contract,its attachments or incorporated documents expressly states otherwise as to itself or a named provision,all provisions of this contract concerning obligations of the Provider and remedies available to the Department are intended to survive the"ending date"or an earlier termination of this contract. The Provider's performance pursuant to such surviving provisions shall be without further payment,as the contract payments received daring the term of this contract are consideration for such performance. k. In the event of a conflict between the provisions of the documents,the documents shall be interpreted in the following order of precedence., I. Attachment I and other attachments,if any: ii. Any documents incorporated into any attachment by reference; iii. This Standard Contract; iv. Any documents incorporated Into this Standard Contract by reference. 33. Modifications. Modifications of provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the Department's operating budget. 34. Additional Requirements of Law,Regulation and Funding Source. As provided in Section 5 of this contract,the Provider is required to comply with the following requirements,as applicable to its performance under this contract. Provider acknowledges that it is independently responsible for investigating and complying with all State and Federal laws,rules and regulations relating to its performance under this contract and that the below is only a sample of the State and Federal laws,rules and regulations that may govern its performance under this contract. a. Federal Law i. If this contract contains federal funds,the Provider shall comply with the provisions of federal law and regulations including,but not limited to,45 Code of Federal Regulations(CFR),Part 74,45 CFR,Part 92,and other applicable regulations. CF Standard Contract 05/2012 6 Contract KG069 ii. If this contract contains$10,000 or more of federal funds,the Provider shall comply with Executive Order 11246,Equal Employment Opportunity,as amended by Executive Order 11375 and others,and as supplemented in Department of Labor regulation 41 CFR,Part 60 and 45 CFR,Part 92,if applicable. M. ' If this contract contains over$100,000 of federal funds,the Provider shall comply with all applicable standards,orders,or regulations issued under section 306 of the Clean Air Act,as amended(42 United States Code(U.S.C.)7401 at seq.),section 508 of the Federal Water Pollution Control Act;as amended(33 U.S.C.1251 at seq.),Executive Order 11738,as amended and where applicable,and Environmental Protection Agency regulations(40 CFR,Part 30). The Provider shall report any violations of the above to the Department. iv. No federal funds received in connection with this contract may be used by the Provider,or agent acting for the Provider,or subcontractor to influence legislation or appropriations pending before the Congress or any State legislature. If this contract contains federal funding in excess of $100,000,the Provider must,prior to contract execution,complete the Certification Regarding Lobbying form,Attachment NlA. If a Disclosure of Lobbying Activities form,Standard Form LLL,is required,it may be obtained from the contract manager, All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the contract manager,prior to payment under this contract. v. If this contract contains federal funds and provides services to children up to age 18,the Provider shall comply with the Pro-Children Act of 1994(20 U.S.C.6081). Failure to comply with the provisions of the law may result in imposition of a>civil monetary penalty of up to$1,000 for each violation or the imposition of an administrative compliance order on the responsible entity,or both. vi. Unauthorized aliens shall not be employed. The Department shall consider the employment of unauthorized aliens a violation of section 274A(e)of the Immigration and Nationality Act(8 U.S.C.1324 a)and section 101 of the Immigration Reform and Control Act of 1986. Such violation shall because for unilateral cancellation of this contract by the Department. Pursuant to Executive Order 11-02 signed on January 4, 2011,the Provider will use the E-verify system established by the U.S.Department of Homeland Security to verify the employment eligibility of itsemployees and the subcontractors'employees performing under this contract. b. Civil Rights Requirements. In accordance with Title VII of the Civil Rights Act of 1964,the Americans with Disabilities Act of 1990,or the Florida Civil Rights Act of 1992,as applicable the Provider shall not discriminate against any employee(or applicant for employment)in the performance of this contract because of race,color,religion,sex,national origin,disability,age,or marital status. Further,the Provider agrees not to discriminate against any applicant,client,or employee in service delivery or benefits In connection with any of its programs and activities in accordance with 45 CFR 80,83,84,90,and 91,Title VI of the Civil Rights Act of 1964,or the Florida Civil Rights Act of 1992,as applicable and CFOP 60-16. These requirements shall apply to all contractors,subcontractors,subgrantees or others with whomrit arranges to provide services or benefits to clients or employees in connection with Its programs and activities. The Provider shall complete the Civil Rights Compliance Checklist,CF Form 946 in accordance with CFOP 60-16 and 45 CFR 80. This is required of all Providers that have fifteen(15)or more employees. c. Use of Funds for Lobbying Prohibited.The Provider shall comply with the provisions of sections 11.062 and 216347,F.S.,which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature,judicial branch,or;a state agency, d. Public Entity Crime and Discriminatory Contractors Pursuant to sections 287.133 and 287.134,F.S.,the following restrictions are placed on the ability of persons placed on the convicted vendor list or the discriminatory vendor list. When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime,or an entity or affiliate has been placed on the discriminatory vendor list,such person,entity or affiliate may not submit a bid,proposal;or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction or the repair of a public building or public work;may not submit bids, proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity;provided,however,that the prohibition on persons or affiliates placed on the convicted vendor shall be limited to business in excess of the threshold amount provided in section 287.017,F.S., for CATEGORY TWO for a period of thirty-six(36)months from the date of being placed on the convicted vendor list. e. Health Insurance Portability and Accountability Act.The Provider shall,where applicable,comply with the Health Insurance Portability and Accountability Act(42 U.S.C.1320d.)as well as all regulations promulgated thereunder(45 CFR Parts 160,162,and 164). f. Whistlebiower's Act Requirements. In accordance with subsection 112.3187(2) F.S.,the Provider and its subcontractors shall not retaliate against an employee for reporting violations of law,rule;or regulation that creates substantial and specific danger to the public's health,safety,or welfare to an appropriate agency. Furthermore,agencies or independent contractors shall not retaliate against any person who discloses information to an appropriate agency alleging improper use of governmental office,gross waste of funds,or any other abuse or gross neglect of duty on the part of an agency,public officer;or employee. The Provider and any subcontractor shall inform its employees that they and other persons may file a complaint with the Office of Chief Inspector General,Agency Inspector General,the Florida Commission on Human Relations or the Whistle-blower's Hotline number at 1-800-543-5353. g. Support to the Deaf or Hard-of-Nearing I. The Provider and its subcontractors,where direct services are provided,shall comply with section 504 of the Rehabilitation Act of 1973,29 U.S.C.794,as implemented by 45 C.F.R.Part 84(hereinafter referred to as Section 504),the Americans with Disabilities Act of 1990,42 U.S.C. 12131,as implemented by 28 C.F.R.Part 35(hereinafter referred to as ADA);and the Children and Families Operating Instruction(CFOP)60- 10,Chapter 4,entitled"Auxiliary Aids and Services for the Deaf or Hard-of-Nearing." ii. if the Provider or any of its subcontractors employs 15 or more employees,the Provider shall designate a Single-Point-of-Contact(one per firm)to ensure effective communication with deaf or hard-of-hearing customers or companions in accordance with Section 504,the ADA,and CFOP 60-10,Chapter 4.The name and contact information for the Provider's-Single-Point-of-Contact shall be furnished to the Department's grant or contract manager within 14 calendar days of the effective date of this requirement. iii. The Provider shall,within 30 days of the effective date of this requirement,contractually require that its subcontractors comply with Section 504,the ADA,and CFOP 60-10,Chapter 4. A Single-Point-of-Contact shall be required for each subcontractor that employs 15 or more employees. This Single-Point-of-Contact will ensure effective communication with deaf or hard-of-hearing customers or companions in accordance with Section 504 and the ADA and coordinate activities and reports with the Provider's Single-Point-of-Contact. iv. The Single-Point-of-Contact shall ensure that employees are aware of the requirements,roles&responsibilities,and contact points associated with compliance with Section 504,the ADA,and CFOP 60-10,Chapter 4. Further,employees of providers and its subcontractors with 15 or more employees shall attest in writing that they are familiar with the requirements of Section 504,the ADA,and CFOP 60-10,Chapter 4. This attestation shall be maintained in the employee's personnel file. CF Standard Contract 05/2012 7 Contract KGO69 iv. The Single-Point-of-Contact shall ensure that employees are aware of the requirements,roles&responsibilities,and contact points associated with compliance with Section 504,the ADA,and CFO 60-10,Chapter 4. Further,employees of providers and its subcontractors with 15 or more employees shall attest in writing that they are familiar with the requirements of Section 504,the ADA.and CFOP 60-10,Chapter 4. This attestation shall be maintained in the employee's personnel file. V. The Provider's Single-Point-of-Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no-cost to the deaf or hard-of-hearing customers or companions are posted near where people enter or are admitted within the agent locations. Such Notices must be posted immediately by providers and subcontractors. The approved Notice can be downloaded through the Internet at:http:llwww.dcf.state.fl.us/admintig/civilrights.shtmf vi. The Provider and its subcontractors shall document the customer's or companion's preferred method of communication and any requested auxiliary aids/services provided in the customer's record. Documentation,with supporting justification,must also be made if any request was not honored. The Provider shall submit compliance reports monthly,by the 5business day following the reporting month,to the Department's grant or contract manager. The Provider shall distribute'Customer Feedback forms to customers or companions,and provide assistance in completing the forms as requested by the customer or companion. vii. If customers or companions are referred to other agencies,the Provider must ensure that the receiving agency is notified of the customer's or companion's preferred method of communication and any auxiliary aids/service creeds. The Department requires each contract/subcontract provider'agency's direct service employees to complete Effective Communication Online(as requested of all Department employees)and sign the Attestation of Understanding.Direct service employees will also print their certificate of completion,attach it to their Attestation of Understanding,and maintain them in their personnel file. By signing this contract,the parties agree that they have read and agree to the entire contract,as described in Section 4. IN WITNESS THEREOF,the parties hereto have caused this 32 page contract to be executed by their undersigned officials as duly authorized. PROVIDER:Monroe County FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES •- .Signature: Signature: Print/Type Print/Type Name: David P.Rice Name. Esther Jacobo Title: Mayor Title: Southern RE ion Managing Director Date: Z DaterC_ QA t)ro STATE AGENCY WDIGIT FLAIR CODE: rederal Tax ID#(or SSN):59-6000749 Provider Fiscal Year Ending Date: 09130: r�w.t DEP,)TY CLSPr M E LINTY AT TO P E AST©F PEDFiO J.MER aC1 ASSISTANT OF Standard Contract 05/2012 8 Contract KG069 07/01/2012 Community Care for Disabled Adults ATTACHMENT I A. Services to be Provided 1. Definition of Terms a. Contract Terms Contract terms used in this document can be found in the Florida Department of Children and Families Operating Procedure(CFOP) 75-2,Glossary of Terms, which is available at the following;website: htto://www.dcf.state,fl.us/ad min/contracts/docs/GlossaryofContractTerms.i)df b. ' Program or Service Specific Terms (1) Activities of Daily Living- Basic activities performed in the course of daily living, such as dressing,bathing, grooming, eating, using a commode or urinal, and ambulating around one's own home. (2) Client- Any person ages;18 through 59 having one(1)`or more permanent physical or mental limitations that restrict the person's ability to perform normal activities of daily living,and impede the person's capacity to live independently or with relatives or friends without the provision of community-based services. (3) Medicaid Institutional Care Program(MICP)- A program designs to provide primary, acute, and long-term care services at capitated federally matched rates to Medicaid recipients who are determined eligible for a nursing home level of care. (4) Nursing home- Any facility that provides nursing,services as defined in Chapter 464, Florida Statutes, and which is licensed in accordance with Chapter 400, Florida Statutes. (5) Outcomes -Quantitative indicators that can be used by the Department to objectively measure a Provider's performance toward a stated goal. (6) Outputs - Process measures of the quantity of services delivered, clients served, or similar units completed. (7) Performance Measures- Quantitative indicators,outcomes and outputs, that can be used by the Department to objectively measure a provider's performance. (8) Service Providers - Private, for-profit, nonprofit or local government agencies designated to provide coordination of care for eligible clients. mY� 'c•;„t a 9 m r� N_mr y _ 069 u 07/0112012 Community Care for Disabled Adults Service providers can be case management providers,direct service providers, or both. 2. General Description' a. General Statement. The Community Care for Disabled Adults(CCDA) Program is designed to assist disabled adults, age eighteen (18) through fifty- nine(59), in utilizing available community and personal resources enabling them to remain in their own homes, and preventing their premature or inappropriate institutionalization. b. Authority. Sections 410.601-410.606, Florida Statutes, Chapter 65C-2, Florida Administrative Code, and the annual appropriations act, with any proviso language or instructions to the Department, constitute the legal basis for services to be delivered through the CCDA program. C. Scope of Service. Services will be for eligible adults in Monroe County. d. Major Program Goal. Under this contract, the CCDA program provides link to community-based services that are designed to prevent inappropriate institutionalization of disabled adults. 3. Clients to be Served: A., General Description Adults with disabilities,age eighteen (18)through fifty-nine(59),who are no longer eligible to receive children's services, and are too young to qualify for community and home-based services for the elderly, may be served under the provisions of this contract, b. Client Eligibility (1) Applicants must have one or more permanent physical or mental limitations, that restrict the ability to perform normal activities of daily living, as determined through the initial functional assessment and medical documentation of disability. Determination of a permanent disability must be established and evidenced in one of the following manners: (a) An applicant may present a check, award letter, or other proof showing receipt of Social Security Disability Income, or some other disability payment(e.g., Worker's Compensation); or (b) An applicant may present a written statement from a licensed physician, licensed nurse practitioner, or mental health professional, which meets the Region's criteria for evidence of a disability. This ,r 07/01/2012 community Care for Disabled Adults written statement must, at a;minimum, include the applicant's diagnosis, prognosis,;a broad explanation of level of functioning, and the interpretation of need for services based on identified functional barriers caused by the applicant's disabling condition. (2) Applicants must have an individual income at or below the prevailing MICP eligibility standard in order to receive free CCDA services. (3) Applicants with incomes above the standard will be assessed a fee for a share of the costs, or may be required to provide volunteer services in lieu of payment. C. Client Determination (1) Clients will be assessed for eligibility determination, and prioritized for services by Department case management staff, in accordance with subsection 410.604`(2), Florida Statutes, (2) The Department will make the final determination of client eligibility. d. Contract Limits (1) The total annual cost estimated or actual, for an individual receiving CCDA services, shall not exceed the average, annual general revenue portion of a Medicaid nursing home bed within the Regional area. (2) Clients must not be receiving comparable services from any other entity. In order to prevent duplication of services,client files must contain documentation verifying that all comparable community services and funding sources have been explored and exhausted. (3) To the extent that funds are available, the Provider will receive referrals for clients on whom the Department's Human Service Counselors have completed an Adult Services Screening for Consideration for Community Based Programs. B. Manner of Service Provision 1. Service Tasks a. Task List (1) Service providers will ensure that appropriate community-based services are provided to clients in a manner designed to meet the client's changing needs. to assist the client in avoiding or reducing unnecessary dependence on the delivered service(s), and to increase the client's self-reliance. Monroe C ou ntv 07/01/2012 Community Care for Disabled Adults (2) The following tasks shall be performed under this contract. Case Management to be performed by Provider staff: Personal Care and Homemaker services to be performed by subcontracted vendor: and Home Delivered Meals to be purchased through subcontract and delivered by Provider staff. (3)Details of services to be provided under this contract and the negotiated parameters of those services are included in the descriptions and minimum requirements for each service task listed in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. (4) Each Regional CCDA program must include case management services and at least one other community service. b. Task Limits The following task limits apply only to the services specified above. (1) Personal Care services will not substitute for the care usually provided by a registered nurse, licensed practical nurse, therapist, or home health aide. The personal care aide will not change sterile dressings, irrigate body cavities, administer medications,or perform other activities prohibited by Chapter 59A-8, Florida Administrative Code. (2) Homemaker service time does not include time spent in transit to and from the client's place of residence except when providing shopping assistance, performing errands or other tasks on behalf of a client. (3) Several restrictions apply to persons providing Homemaker service activities. Persons providing services must not: (a) engage in work that is not specified in the referral from the case manager; (b) accept gifts or lend or borrow money from clients; (c) handle client money, unless authorized in writing by a supervisor or case manager(documented in the personnel tile) and unless bonded or insured by the employer; (d) transport clients,unless authorized in writing by a supervisor or case manager. (4) The parameters of service delivery, by type of service, are detailed in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. Monroe County 12 07/01/2012 Community Care for Disabled Adults 2. Staffing Requirements a. Staffing Levels (1) The Provider will meet the minimum staffing requirements for each service,as specified in CFOP 140-8,Community Care for Disabled Adults Operating Procedures. (2) The Provider will notify the Department,in writing, within thirty calendar (30)days whenever the Provider is unable,or expects to be unable to provide the required quality or quantity of service due to staff turnovers or shortages. b Professional Qualifications The Provider will ensure that staff meets the professional qualifications for each service,as specified in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. C. Staffing Changes The Provider agrees to notify the Department's contract manager within two (2)working days if a key administrative position(e.g., executive director) becomes vacant. Planned staffing changes that may affect service delivery,as stipulated in this contract,must be presented in writing to the contract manager for approval at least ten(10)working days prior to the implementation of the change. d. Subcontractors This contract allows the Provider to subcontract for the provision of the following services under this contract Personal Care,Homemaker and Dome Delivered Meals. All subcontracting is subject to the provisions of Section 7 of the Standard Contract. The subcontractor at any tier level must comply with the E-Verify clause as subject to the same requirements as the prime contractor. The Provider may not subcontract services not listed. I Service Location and Equipment a. Service Delivery Location and Times (1) CCDA services may be delivered in the client's home or on-site at a facility,as negotiated by the Department and the Provider. (2) Facilities delivering on-site services to clients shall pass an annual inspection by the local environmental health and fire authorities. Monroe County 13 KC069 07/01/2012 Community Care for Disabled Adults (3) Service Providers will meet the minimum service location and time requirements as specified in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. (4) Services for this contract will be delivered at the following locations and times; SERVICE LOCATION TIMES Case Mans ement Client's Home As Needed Personal Care Client's Home As Needed Homemaker Client's Home As Needed Home Delivered Meals I Client's Home As Needed b. Changes in Location The Provider must notify the Department of changes in the location of service delivery. Once the service delivery location is agreed upon,any proposed change must be presented in writing to the contract manager for approval, ten (l 0)working days prior to implementation of that proposed change. In-the event of emergency, temporary changes in location may necessitate waiver of this designated standard by the Region's program office. Such a waiver will take into consideration the continuity, safety, and welfare of the Department's clients, and is at the Department's sole discretion. C. Equipment The Provider is responsible for supplying,at its own expense,all equipment necessary to perform under, conduct and complete the contract, including but not limited to computers,telephones, copier and fax machines, including supplies and maintenance as well as needed office supplies. 4. Deliverables a. Service Units A service unit is an appropriate, distinct amount of given service, which may include, but is not limited to,an hour of direct service delivery; a meal; an episode of travel; or a twenty-four(24) hour period of Emergency Alert Response maintenance,as defined in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. All service units; as well as their description and costs, are listed in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. v� u. ...... � �� u,�� ._ 14 _ s 07/01/2012 Community Care for Disabled Adults b. Records and Documentation (1) Client Records (all clients) Providers shall maintain information on each client served by this contract, which includes the following: (a) documentation of the client by name or unique identifier; (d) current documentation of eligibility for services; (e) dates of service provision and delivery; (d) information documenting the client's need to receive services; (e) the number of service units provided; and (f) all other forms or records necessary for program operation and reporting,as set forth by the Department. (2) Case Management Client records. Case management agency individual client files shall contain the following: (a) a completed client assessment (no more than one(1) year old); (b) a care plan(no more than one(1)year old); (c) a release of information form, (t) a copy of a completed Adult Services information System (ASIS) form; (e) documentation of the client's age, disability, and income; (f) a completed and scored copy of the Adult Services Screening for Consideration for Community Based Services; and (g) a case narrative. (3) Providers must ensure that all client records accurately match the invoices submitted for payment. Records must cross reference to each invoice for payment. Monroe Count 07/01/2012 Community Care for Disabled Adults (4) Providers must maintain documentation necessary to facilitate monitoring and evaluation by the Department. (5) The Case Management Provider must maintain documentation in the client's file that all comparable community services and funding sources have been explored and exhausted before using CODA funding. C. Reports Report Title Reporting Report Date Number DCF Office addresses Frequency Due of copies to receive report due Monthly Monthly By the 15`h of One Contract Manager Cumulative the month Summary immediately Report following the report period Monthly Monthly By the 15`h of One Contract Manager Performance the month Date Report immediately following the report period Emergency Annually Within 30 One Contract Manager Preparedness days of Plan contract execution and annually by July 1 Reporting requirements for this contract include: (l) Exhibit A,Monthly Cumulative Summary Report and Exhibit B,' Monthly Performance Data Report. Regions will negotiate with the Provider on specific submission requirement criteria for these reports. (2) In the event of early termination of this contract, the Provider will submit the final Monthly Cumulative Summary Report within forty-five (45) days after the contract is terminated. e r 4 nroe Countv 07/01/2012 Community Care for Disabled Adults (3) Acceptance of Reports. Where the contract requires the delivery of reports to the Department,mere receipt by the Department shall not be construed to mean or imply acceptance of those reports. It is specifically intended by the parties that acceptance in writing of required reports shall constitute a separate act. The Department reserves the right to reject reports as incomplete, inadequate, or unacceptable according to the parameters set forth in the contract. The Department, at its option,may allow additional time within which the Provider may remedy the objections noted by the Department or the opportunity to complete, make adequate, or acceptable, or declare the resulting contract to be in default. 5. Performance Specifications a. Performance Measures (1) 98% of adults with disabilities receiving services will not be placed in a nursing home. (2) 100% of clients served through this contract will be provided case management services and at least one other CCDA service. b. Description of Performance Measurement Terms Placed; The result of an assessment of an individual who is no longer able to remain in his present place of residence. (To place a client involves preparation for and follow up of moving a client into a more restrictive alternative living environment). C. Performance Evaluation Methodology Measuring Outcomes. The Department will measure the outcomes found in paragraph B.5.a. above as follows: (1) The outcome measurement contained in paragraph B.5.a.(1) above will be calculated by dividing the total, fiscal year-to-date number of clients in the Community Care for Disabled Adults program not transferred to a nursing home, by the total, fiscal year-to-date number of clients in the Community Care for Disabled Adults program. (2) The outcome measurement contained in paragraph B.5.a. (2) above will be calculated by dividing the total number of clients served through this contract that received case management and at least one other CCDA service. by the total number of clients served through this contract. d. By execution of this contract the Provider hereby acknowledges and agrees that its performance under the contract must meet the standards set forth XI... C...... i h{.1►b9 07/01/2012 Community Care for Disabled Adults above and will be bound by the conditions set forth in this contract. If the Provider fails to meet these standards, the Department, at its exclusive option, may allow up to six months for the Provider to achieve compliance with the standards. If the Department affords the Provider an opportunity to achieve compliance and the Provider fails to achieve compliance within the specified time frame, the Department must cancel the contract in the absence of any extenuating or mitigating circumstances. The determination of the extenuating or mitigating circumstances is the exclusive determination of the Department. 6. Provider Responsibilities a. All Providers Unique Activities Health Insurance Portability and Accountability Act. If required by 45 CFR Parts 160, 162, and 164, the following provisions shall apply [45 CFR 164504(e)(2)(ii)3: (1) The Provider hereby agrees not to use or disclose protected health information(PHI)except as permitted or required by this contract, state or federal law. (2)`The Provider agrees to use appropriate safeguards to prevent use or disclosure of PHI other than as provided for by this contract or applicable law. (3) The Provider agrees to report to the Department any use or disclosure of the information not provided for by this contract or applicable law. (4) The Provider hereby assures the Department that if any PHI received from the Department, or received by the Provider on the Department's behalf, is furnished to Provider's subcontractors or agents in the performance of tasks required by this contract, that those subcontractors or agents must first have agreed to the same restrictions and conditions that apply to the Provider with respect to such information. (5) The Provider agrees to make PHI available in accordance with 45 C.F.R. 164.524. (6) The Provider agrees to make PHI available for amendment and to incorporate any amendments to PHI in accordance with 45 C.F.R. 164.526. (7) The Provider agrees to make available the information required to provide an accounting of disclosures in accordance with 45 C.F.R. 164.528. KC.M f 07/01/2012 Community Care for Disabled Adults (8) The Provider agrees to make its internal practices,,books and records relating;to the use and disclosure of PHI received from the Department or created or received by the Provider on behalf of the Department available for purposes of determining the Provider's compliance with these assurances. (9) The Provider agrees that at the termination of this contract, if feasible and where not inconsistent with other provisions of this contract concerning record retention, it will return or destroy all PHI received from the Department or received by the Provider on behalf of the Department, that the Provider still maintains regardless of form. If not feasible,the protections of this contract are hereby extended to that PHI which may then be used only for such purposes as make the return or destruction infeasible, (10)A violation or breach of any of these assurances shall constitute a material breach of this contract. b. Direct Service Provider Unique Activities (1) The Provider will be required to use volunteers to the fullest extent feasible in the provision of services and program operations. The Provider is required to train,supervise, and appropriately support all volunteers with insurance coverage. (2) The Provider will maintain an accurate and current active caseload list. (3) The Provider will maintain a current monthly billing ledger of all Provider claims submitted to the case management agency or Adult Services local office, including all corrected claims and adjustments to claims for services that were delivered to consumers being served through this contract, (4) The Provider will notify the case management agency or Adult Services local office of all service terminations,service increase requests and monthly expenditure trends with regards to the terms of this contract. (5) The Provider will explain to each individual requesting consideration for CODA services that the program maintains a centralized Waiting List on which the individual will be placed according to his or her score received through an Adult Services Screening conducted by an Adult Services counselor. (6) The Provider shall provide to individuals requesting services a contact name and phone number to the nearest Adult Services Region Office. Monroe(onnit 19 h(:069 a 07/01/2012 Community Care for Disabled adults C. Case Management Provider Unique Activities (1) The case management Provider will accept all referrals through the Adult Services Regional Program Office. (2) The case management Provider will complete ongoing face-to-face assessments on all pre-screened individuals referred by the Adult Services Regional Program Office for service consideration and program application,using the Adult Services Client Assessment, CF-AA 3019. (3) The case management Provider will maintain an accurate and current active caseload list. (4) The CCDA case management Provider will maintain a current monthly billing ledger of all Provider claims submitted to the agency or the local Adult Services office, including all corrected claims and adjustments to claims for services that were delivered to consumers being served through this contract. (5) The CCDA case management agency will notify the local Adult Services office of all service terminations. In addition, requests for service increases shall be submitted to the Department using Exhibit C, Request for Approval of CCDA Care Plan Services Increase. (6)The case management Provider will explain to each individual requesting consideration for CCDA services that the program maintains a centralized Waiting List on which the individual will be placed according to his or her score received through an Adult Services Screening. (7) The case management Provider shall provide to individuals requesting services a contact name and phone number to the nearest Adult Services Region Office. d. Coordination with Other Providers/Entities The case management Provider must coordinate, as necessary, with the Agency for Persons with Disabilities, the Department of Children and Families, the Department of Education,the Department of Health, and the Florida Statewide Advocacy Council, to serve those clients who are eligible for services through two (2) or more service delivery continuums. 11 r>urr�e t��unty 07/01/2012 Community Care for Disabled Adults 7. Departmental Responsibilities a. Department Obligations (1) The Department will supply all new Providers with a copy of the Community Care for Disabled Adults Operating Procedures, CFOP 140-8. (2) The Department will provide CCDA technical assistance to the Provider, relative to the negotiated terms of this contract and instructions for submission of required data. b. Department Determinations Should a dispute arise, the Department will make the final determination as to whether the contract terms are being fulfilled according to the contract specifications. c. Monitoring Requirements The Provider will be monitored in accordance with existing Departmental procedures (CFOP 75-8). C. Method of Payment 1. Payment Clause a. This is a fixed price(unit cost) contract. The Department shall pay the Provider for the delivery of service units provided in accordance with the terms of this contract, fora dollar amount not to exceed$163,466.00, subject to the availability of funds, as follows: Fiscal Year 2012-2013 $81,733.00 Fiscal Year 2013-2014 $81,733.00 b. The Department agrees to pay for the service units at the unit price(s)and limits fisted below. Service Service Unit Rate Unit Case 1V1anagement Hour S50.48 Personal Care Hour S25.28 Homemaking Hour S21.79 Home Delivered Meals Meal S 6.30 07/01/2012 Community Care for Disabled Adults d. The Provider's annual dollar match for this contract is $9,081.00 and may be cash or in kind resources: 2. Invoice Requirements; The Provider shall request payment through submission of properly completed Monthly Request for Payment and Expenditure Report, Exhibit ©,within 15 days following the end of the month for which payment is being requested. The Provider shall submit to the contract manager an original Monthly Request for Payment and Expenditure Report, Exhibit D,and no copies,along with supporting documentation`.' Payment due under this contract will be withheld until the Department has confirmed delivery of negotiated services. Payments may be authorized only for service units on the invoice which are in accordance with the above list and other terms and conditions of this contract. The service units for which payment is requested may not either by themselves,or cumulatively by totaling service units on previous invoices, exceed the total number of units authorized by this contract. 3. Supporting Documentation a. It is expressly understood by the Provider that any payment due the Provider under the terms of this contract may be withheld pending the receipt and approval by the Department of all financial and program reports due from the Provider as a part of this contract and any adjustments thereto. Requests for payment, which cannot be documented with supporting evidence, will be returned`to the Provider upon inspection by the Department. b. The Provider must maintain records documenting the total number of recipients and names(or unique identifiers)of recipients to whom services were provided and the dates the services were provided so that an audit trail documenting service provision can be maintained. D. Special Provisions 1. Fees a. The Case Management Provider will collect fees for services provided according to Rule 65C-2. 07. Florida Administrative Code. b. No fees shall be assessed other than those established by the Department. Fees collected in compliance with the Department directives will be reinvested in a manner prescribed by the Department. s 4 x 07/01/2012 Community Care for Disabled.Adults 2. My Flo ridaM arketPlace Transaction Fee This contract is exempt from the MyFloridaMarketPlace Transaction Fee in accordance with Chapter 60A-1.032(l) (e), Florida Administrative Code. 3. Mandatory Reporting Requirements The Provider and any subcontractor must comply with and inform its employees of the following mandatory reporting requirements. Each employee of the Provider, and of any subcontractor, providing services in connection with this contract who has any knowledge of a reportable incident shall report such incident as follows. 1)reportable incidents that may involve an immediate or impending impact on the health or safety of a client shall be immediately reported to the contract manager; and 2)other reportable incidents shall be reported to the Department's Office of Inspector General by completing a Notification/Investigation Request(form CF 1934)and emailing the request to the Office of Inspector General at ig_,comnlaintstitl,,dcfstate.tl.us. The Provider and subcontractor may also mail the completed form to the Office of Inspector General, 1317 Winewood Boulevard, Building 5, 2nd Floor, Tallahassee, Florida, 32399-0700 or via fax at(850)488-1428. A reportable incident is defined in CFOP 180-4, which can be obtained from the contract manager 4. Employment Eligibility Verification a. Definitions. As used in this clause— (1) "Employee assigned to the contract"means all persons employed during the contract term by the Provider to perform work pursuant to this contract within the United States and its territories,and all persons(including subcontractors) assigned by the Provider to perform work pursuant to this contract (2) "Subcontract"means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract. It includes but is not limited to purchase orders, and changes or modifications to purchase orders. (3) "Subcontractor"means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contract recipient or another subcontractor. b. Enrollment and verification requirements. (I) The Provider shall— (a) Enroll as a Provider in the E-Verify program within 30 calendar days of contract award; (b) Within 90 calendar days of enrollment in the E-Verity program, begin to use E-Verify to initiate verification of employment eligibility. All new employees assigned by the Provider/subcontractor to perform work Monroe t ountti T 1 4t a 07/0112012 Community Care for Disabled Adults pursuant to the contract with the Department shall be verified as employment eligible within 3 business days after the date of hire; and (2) The Provider shall comply,`for the period of performance of this contract, with the requirement of the E-Verify program enrollment. (a)The Department of Homeland Security(DHS)or the Social Security Administration (SSA)may terminate the Provider's enrollment and deny access to the E-Verify system in accordance with the terms of the enrollment. In such case, the Provider will be referred to'a DHS or SSA suspension or debarment official. (b) During the period between termination of the enrollment and a decision by the suspension or debarment official whether to suspend or debar, the Provider is excused from its obligations under paragraph(b)of this clause. If the suspension or debarment official determines not to suspend or debar the Provider then the Provider must reenroll in E-Verify. (3) Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.diis.,gov/E-Verify . (4)The Provider is not required by this clause to perform additional employment verification using E-Verify'for any employee whose employment eligibility was previously verified by the Provider through the E-Verify program. (5) Employees assigned to and performing work pursuant to this contract prior to February 04, 2011 do not require employment eligibility verification through E- verify' (6) Evidence of the use of the E-Verify system will be maintained in the employee's personnel file. (7)The Provider shall include the requirements of this clause, including this paragraph (7)(appropriately modified for identification of the parties), in each subcontract. E. List of Exhibits 1. Exhibit A, CCDA Monthly Cumulative Summary Report 2. Exhibit B, Monthly Performance Measures Report 3. Exhibit C, Request for Approval of CCDA Care Plan Services increase 4. Exhibit D, :Monthly Request for Payment and Expenditure Report 'k I... C n.... 24 KG064 h �o /�♦ X t c-i— m Q � p 0 m 3 0 ED r z Z a � 1 3 -n CD 0 m v 0 o; v z m X 0 p C 0 -n n a {{)' C Q m m m m C` < tf z �. M "C A bX D' M 0 x m ''II m <m m -n -n - z r a p Q ©fl s. ;u z m 0 N o O m m z --i < � 0 � � D CD co m —4 ;u m AZI � � m zm 3 Sz C > =ac r— to CAD r Gn.; to ap ao r2 {) Q C7 --� nC 0 m � �, U G} 0 S � � �- c 2 Z rrt x �!M a � m z t t TO �? a3 CCIL RI 3 s Exhibit B MONTHLY PERFORMANCE DATA REPORT CONTRACT# CCDA PROVIDER REPORTING MONTH #Active CCDA Clients/this month #CCDA Clients/YTD #Active CCDA Case Management Clients # Clients Placed in Nursing Home /this month Clients placed in Nursing Homes/this month Active Case Management Clients/this month Prepared by Date 26 KG069 Exhibit C Request for Approval of CCDA Care Plan Services Increase Part I: Recipient Information Name: Last name,first name,middle name or initial Date of birth: Social security number: Medicaid/Medicare Medical assistance number: Current Address: Address where services will be received: County: County: Status (Transfer/Existing): Describe reason for service funding increase. If individual is a transfer, indicate originating districtlagency: An Adult Services client reassessment was completed on by and If individual is an existing consumer with your agency, respective revised care plan revisions made on indicate current monthly authorized units of service by by , to service type(s): reflect that this Recipient is justifiably in need of increased Service(s)based on (check all situations which apply): Q Failing Support System ❑Decrease in Functional Capacity ❑Rapidly Deteriorating Health Medicaid waiver eligibility date: Provider Information Agency name: Agency contact person: Agency address: Phone: Fax: E-mail address: Part II: Summary of Recipient's Presenting Situation. (Refer to form instructions for details about the type of information required here. Use the space below or include attachment.) Part Ili: Proposed New Service Request. (Please indicate the new care plan services being requested and the corresponding, antici aced service start dates. Service Anticipated start date Service Anticipated start date 27 KG069 Part IV: Specific Description of Proposed New Service(s)As Tailored To Meet Recipient's Need. (Refer to the form instructions for details about the type of information required here. Use the space below or include attachment:) Part V: Cost Detail for Proposed New Care Plan Service(s). A. Attach a Cast Detail page for each service requested in Part Ill. Each Cost Detail page should reflect the total annual cost of serving the consumer for that service type. Part VI: Care Plan Modification of Number of Service Units, The Budget Entity Team will not consider authorization to increase service unit quantity of an authorized service on a Recipient's care plan for any of the following documented reasons unless this section is accurately and fully completed. [To justify unit service rates, please present comparative information: unit rate quotes from a minimum of three other service agencies providing this same service within a ten mile radius;reasons for choosing this specific vendor;a statement attesting to the fact that selected vendor is a sole source provider of this service in this geographic area, etc. Attach information as necessary(e.g., agency administrative costs, your agency salary scale, etc.). Refer to the form instructions.] ❑Failing Support System: List proposed add-on number of monthly service units by service component with annualized service costs projected to safely maintain Recipient at home and to ameliorate this risk factor. Decrease in Functional Capacity: List proposed add-on number of monthly service units by service component with annualized service costs projected to safely maintain Recipient at home and to ameliorate this risk factor. ❑Rapidly Deteriorating Health: List care plan add-on number of monthly service units by service component with annualized service costs projected to safely maintain Recipient at home and to ameliorate this risk factor. Part Vil. Signatures. (Please note: Final approval of all requests for Care Plan increases rest with the Budget Entity Team. Provider's will receive an Award Letter from the Budget Entity Team or one of its members. when the lan has been approved.) Provider Agency: {Signature indicates that the information presented in this Request for Care Plan Services Date: Increase and attachments are accurate and complete.) Recipient/Representative: (Signature indicates that the RecipientiRepresentative has reviewed the Request for Date: Care Plan Services increase and attachments.) District/Regional Program-Staff:-(Signature indicates that the district/regional program staff and provider have -- Date: agreed upon the services to be funded.) District/Regional Adult Services Program'Director: (Signature indicates district/regional approval of the Service Date: Funding Plan.) t EXHIBIT D DEPARTMENT OF CHILDREN AND FAMILIES ADULT SERVICES OFFICE MONTHLY REQUEST FOR PAYMENT AND EXPENDITURE REPORT PROVIDER FED. ID# NAME AND MAILING ADDRESS OF PAYEE: CONTRACT AMNT.: REIMBURSEMENT YTD.: CONTRACT BALANCE: DATE: CONTRACT* PERIOD OF SERVICE PROVISION: NAME OF SERVICE UNITS/ AMOUNT PER UNIT/ TOTAL AMOUNT OR DESCRIPTION OF MATERIALS QUANTITY EPISODE DUE TOTAL TOTAL MATCH REQUIRED PAYMENT FOR CONTRACT: REQUESTED THIS MNTH. YTD. LOCAL CASH MATCHct.),dwn x l.,.,,�r,•s LOCAL IN-KIND TOTAL DEDUCTIONS REMAINING MATCH BALANCE — SIGNITURE OF PREPARER DATE COMPLETED APPROVED BY TITLE CHILDREN AND FAMILIES USE ONLY DATE INVOICE RECEIVED APPROVED BY: DATE ORG OBJ AMNT. OCA EO 29 KG069 ATTACHMENT 11 The administration of resources awarded by the Department of Children&Families to the provider may be subject to audits as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S.,as revised,the department may monitor or conduct oversight reviews to evaluate compliance with contract,management and programmatic requirements. Such monitoring or other oversight procedures may include,but not be limited to,on-site visits by department staff,limited scope audits as defined by OMB Circular A-133,as revised,or other procedures. By entering into this agreement,the recipient agrees to comply and cooperate with any monitoring procedures deemed appropriate by the department. In the event the department determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the department regarding such audit. The recipient further agrees to comply and cooperate with any inspections,reviews, investigations,or audits deemed necessary by the department's inspector general,the state's Chief Financial Officer or the Auditor General. AUDITS PART I: FEDERAL REQUIREMENTS This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised. In the event the recipient expends$500,000 or more in Federal awards during its fiscal year,the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised. The recipient agrees to provide a copy of the single audit to the Department's Single Audit Unit and its contract manager. In the event the recipient expends less than$500,000 in Federal awards during its fiscal year,the recipient agrees to provide certification to the Department's Single Audit Unit and its contract manager that a single audit was not required. In determining the Federal awards expended during its fiscal year,the recipient shall consider all sources of Federal awards,including Federal resources received from the Department of Children&Families,Federal government(direct),other state agencies,and other non-state entities. The determination of amounts of Federal awards expended should be in accordance with guidelines established by OMB Circular A-133,as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised, will meet the requirements of this part. In connection with the above audit requirements,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133.as revised. The schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the department shall be fully disclosed in the audit report package with reference to the specific contract number. Single Audit Information for Recipients of Recovery Act Funds: (a)To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009(Pub. L. 111-5)(Recovery Act)as required by Congress and in accordance with 2 C'FR 215.21 "Uniform Administrative Requirements for Grants and Agreements"and OIMB Circular A- 0 0- ri 102 Common Rules provisions.recipients agree to maintain records that identify adequately the source and application of Recovery Act funds.OMB Circular A-102 is available at http`llwww.whitehouse.gov/omb/circulars/a l02/a 102.htm1." (b)For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133. "Audits of States,Local Governments,and Non-Profit Organizations,"recipients agree to separately identify the expenditures for Federal awards tinder the Recovery Act on the Schedule of Expenditures of Federal Awards(SEFA)and the Data Collection Form(SF—SAC)required by OMB Circular A-133.OMB Circular A-133 is available at http://www.whitchouse.gov/omb/circulars/a 1331aI33.html.This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA,and as separate rows under Item 9`of Part III on the SF—SAC by CFDA number,and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in item 9d of Part III on the SF-SAC. (c)Recipients agree to separately identify to each subrecipient,and document at the time ofsubaward and at the time of disbursement of funds,the Federal award number,CFDA number,and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program,the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. (d)Recipients agree to require their subrecipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above`This information is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies,Offices of Inspector General and the Government' Accountability Office. PART II. STATE REQUIREMENTS This part is applicable if the recipient is a nonstate entity as defined by Section 215 97(2),Florida Statutes. In the event the recipient expends$500,000 or more in state financial assistance during its fiscal year,the recipient must have a State single or project-specific audit conducted in accordance with Section 215.97, Florida Statutes,applicable rules of the Department of Financial Services;and Chapters 10550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.The recipient agrees to provide a copy of the single audit to the Department's Single Audit Unit and its contract manager. In the event the recipient expends less than.$500,000 in State financial assistance during its fiscal year,the recipient agrees to provide certification to the Department's Single Audit Unit and its contract manager that a single audit was not required. In determining the state financial assistance'expended during its fiscal year,the recipient shall consider all sources of state financial assistance,including.State financial assistance received from the Department of Children&Families,other state agencies,and other nonstate entities. State financial assistance dries not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in the preceding paragraph,the recipient shall ensure that the audit complies With the requirements of Section 215.97(8),Florida Statutes.-This includes submission of financial reporting package as defined by Section 215.97(2),Florida Statutes.and Chapters 10.550 or 10.650, Rules of the Auditor General. The schedule of expenditures should disclose the expenditures by contract number'for each contract with the department in etTect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the department shall he fully disclosed in the audit report package with reference to the specific contract number. ;l s � � PART III: REPORT SUBMISSION Any reports,management letters,or other information required to be submitted to the department pursuant to this agreement shall be submitted within 180 days after the end of the provider's fiscal year or within 30 days of the recipient's receipt of the audit report,whichever occurs first,directly to each of the following unless otherwise required by Florida Statutes: A. Contract manager'for this contract(I copy) B. Department of Children&Families( I electronic copy and management letter,if issued) Office of the Inspector General Single Audit Unit Building 5,Room 237 1317 Winewood Boulevard Tallahassee,FL 32399-0700 Email address: single audit a state.fl.us C. Reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and required by Part I of this agreement shall be submitted,when required by Section.320(d),OMB Circular A-133,as revised,by or on behalf of the recipient directly to the Federal Audit Clearinghouse using the Federal Audit Clearinghouse's Internet Data Entry System at: http://harvester.census.gov/fac/collect/ddeindex html and other Federal agencies and pass-through entities in accordance with Sections.320(e)and(fl, OMB Circular A-133,as revised. D. Copies of reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 Email address: flaudgen_localgovtti)aud.state.fl.us Providers,when submitting audit report packages to the department for audits done in accordance with OMB Circular A-133 or Chapters 10.550(local governmental entities)or 10.650,(nonprofit or for-profit organizations),Rules of the Auditor General,should include,when available,correspondence from the auditor indicating the date the audit report package was delivered to them. When such correspondence is not available,the date that the audit report package was delivered by the auditor to the provider must be indicated in correspondence submitted to the department in accordance with Chapter 10.558(3)or Chapter 10.657(2), Rules of the Auditor General. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued and shall allow the department or its desiunee.Chief Financial Officer or Auditor General access to such records upon request. The recipient shalf ensure that audit working papers are made available to the department or its designee,Chief Financial Officer or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the department.