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06/20/2007 Contract DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: June 25, 2007 TO: Dotti Albury, Administrative Assistant Monroe County In-Home Services Program Pamela G. Hanc~ Deputy Clerk FROM: At the June 20, 2007, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: .IContract KG060 - Community Care for Disabled Adults (CCDA) Contract between the State of Florida, Department of Children & Families and the Momoe County Board of County CommissionerslMonroe County In-Home Services. This Contract is for Fiscal Year July 1, 2007 through June 30, 2008. Alzheimer's Disease Initiative (ADI) Contract KZ797 between Alliance for Aging, Inc. (Area Agem:y on Aging) and the Monroe County Board of County Commissioners (Community Services/In-Home Services) for Fiscal Year 7/1/07 to 6/30/08. Home Care for the Elderly (HCE) Case Management Contract KH772 between the Alliance for Aging, Inc. and the Monroe County Board of County Commissioners (Monroe County Social Services/In-Home Services Program) for Fiscal Year July 1,2007 through June 30, 2008. Community Care for the Elderly (CCE) Contract KC77l between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Community Services/In-Home Services) for Fiscal Year 7/1/07 to 6/30/08. Enclosed are four duplicate originals of the above-mentioned, executed on behalf of Monroe County, for your handling. Please be sure to return the fully executed "Monroe County Clerk's Office Original" and the "Monroe County Finance Department's Original" as soon as possible. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance w/o documents File.1 3/06/07 ~CcmdJCIerk'IlMb~ CFDA No. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES STANDARD CONTRACT Client I2J Non-Client 0 Multi-District 0 THIS CONTRACT is entered into between the Florida Department of Children and Families, hereinafter referred to as the "department," and Monroe Countv (In-Home Services) hereinafter referred to as the "provider." I. THE PROVIDER AGREES: A. Contract Document To provide services in accordance with the terms and condilions specified in this contract including all attachments and exhibits, which constitute the contract document. B. Requirements of Section 287.058, F.S. To provide units of deliverables, including reports, findings, and drafts. as specified in this contract, which must be received and accepted by the contract manager in writing prior to payment. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit, Where itemized payment for travel expenses are permitted in this contract. to 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. To allow public access to all documents. papers. letters, or other public records as defined in subsection 119.011 (11), F.S.. made or received by the provider in conjunction with this contract except that public records which are made confidential by law 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. C. Governing Law 1. State of Florida Law That 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 the Florida law including Florida provisions for conflict of laws. 2. Federal Law a. That if this Gontract contains federal funds the provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR. Part 92, and other applicable regulations. b. That if this contract contains federal funds and is over $100,000, the provider shall comply with all applicable standards, orders, or regulations issued under section 306 of the Clean Air Act, as amended (42 U.S.C. 7401 et seq.), section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et 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. c. That no federal funds received in connection with this contract may be used by the provider, or agent acting for the provider. 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 N/A. 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. d. That unauthorized aliens shall not be employed. The department shali 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 be cause for unilateral cancellation of this contract by the department. e. That 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. f. That 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 the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. D. Audits, Inspections, Investigations, Records and Retention 1. To 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. 2. To retain all client records. financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract 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 by this contract records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract at no additional cost to the department. .\'1011roe CQunty In-Hume Services CO\JTRACT -(::; K(1060 3/06/07 3. 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 I, Paragraph D. 2. 4. To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by Federal, State. or other personnel duly authorized by the department. 5. 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(1)(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. 6. To provide a financial and compliance audit to the department as specified in this contract and in Attachment Ll and to ensure that all related party transactions are disclosed to the auditor. 7. To 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). E. Monitoring by thl! Department To permit persons duly authorized by the department to inspect and copy any records, papers, documents, facilities, goods and services of the providl~r 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 penormance of the terms and conditions of this contract. Following such review, the department will deliver to the provider a written report of its findings and request for 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 F. Indemnification 1. Except to the extent permitted by section 768.28, F.S. or other Florida Law, Paragraph F, is not applicable to contracts executed between the department and state agencies or subdivisions defined in subsection 768.28(2), F.S. 2. That to the extent permitted by Florida Law, the provider shall indemnify, save, defend, and hold the department harmless from any and all claims, demands, actions, causes of action of whatever nature or character, arising out of or by reason of the execution of this agreement or performance of the services provided for herein. It is understood and agreed that the provider is not required to indemnify the department for claims, demands, actions or causes of action arising solely out of the department's negligence. G. Insurance To provide continuous adequate liability insurance coverage during the existence of this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a state agency or subdivision as defined by subsection 768.28(2), F.S., 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 be 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. H. Confidentiality of Glient Information Not to use or disclose c:my 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. I. Assignments and Subcontracts 1. To neither assign the responsibility for this contract to another party nor subcontract for any of the work contemplated under this contract without prior written approval of the department which shall not be unreasonabiy withheld. Any sublicense, assignment, or transfer otherwise occulTIng without prior approval of the department shall be null and void. 2. To be responsible for all work performed and for all commodities produced pursuant to this contract whether actually furnished by the provider or 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. The provider, at its expense, Will defend the department against such claims. 3. To make payments to any subcontractor within seven (7) working days after receipt of fuJl or partial payments from the department in accordance with section 2870585, F.S., unless othervvise stated in the contract between the provider and subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall 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 allowed for pc:lyment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15%) percent of the outstanding balance due. 4. That 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 g!overnmental agency in the State of Florida, upon giving prior written notice to the provider. In the event the State of Florida approves transfer of the provider's obligations, the provider remains responsible for all work performed and all expenses incurred in connection with the contract. This contract shall remain binding upon the successors in interest of either the provider or the department. \1onroc County In-Home Services , CONTRACT #- K(J(J60 3/06/07 J. Return of Funds To return to the depaliment any overpayments due to unearned funds or funds disallowed and any Interest attributable to such funds pursuant to the terms and conditions of this contract that were disbursed to the provider by the department. 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 at the lawful rate of interest on the outstanding balance after department notification or provider discovery. K. Client Risk Prevention and Incident Reporting 1. That 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 or district operating procedures. 2. To immediately report knowledge or reasonable suspicion of abuse, neglect. or exploitation of a child. aged person, or disabled adult to the Fiorida 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 empioyees. L. Purchasing 1. To purchase 81iicles which are the subject of or are required to carry out this contract 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. 2. To 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, and 287.045, F.S. M. Civil Rights Requirements 1. Not to discriminate against any employee in the peliormance of this contract or against any applicant for employment because of age, race, religion, color, disability, national origin, marital status or sex in accordance with Title VII of the Civil Rights Act of 1964. The provider further assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services or benefits to clients or employees in connection with any of its programs and activities are not discriminating against those clients or employees because of age, race, religion, color, disability, national origin, marital status or sex in accordance with 45 CFR Parts 80, 83,84, and 90. This is required for all contracted service providers that have one (1) or more clients 2. To complete the Civil Rights Compliance Questionnaire, CF Forms 946 A and S, in accordance with CFOP 60-16 and 45 CFR Part 80. This is required for all providers that have fifteen (15) or more empioyees. 3. Subcontractors who are on the discriminatory vendor list, may not transact business with any public entity, in accordance with the provisions of section 287.134, F.S. N. Independent Capacity of the Contractor 1. To act in the capacity of an independent contractor and not as an officer, employee of the State of Florida, except where the provider is a state agency. Neither the provider nor its agents, employees, subcontractors or assignees shall represent to others that it has the authority to bind the department unless specifically authorized in writing to do so. 2. This contract does not create any right to state retirement, leave benefits or any other benefits of state employees as a result of performing the duties or obligations of this contract. 3. To take such actions as may be necessary to ensure that each subcontractor of the provider will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. 4. The department will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the provider, or its subcontractor or assignee, unless specifically agreed to by the department in this contract. 5. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the provider, the provider's officers, employees, agents. subcontractors, or assignees shall be the sole responsibility of the pro\/ider. O. Sponsorship As required by section 286.25, F.S., if the provider is a non-governmental organization which sponsors a program financed whoJly or in pari by state funds, Including any funds obtained through this contract. it shall, in publicizing, advertising, m 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, Depariment of Children and Families" shall appear in at least the same size letters or type as the name of the organization. I\ltllll"OC County 1t1-Horn~ St:r\iI.:CS 3 COI\TRACT I-!- K(j()60 3106107 P. 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. Q. Final Invoice To submit the final invoice for payment to the department no more than 45 days after the contract ends or is terminated. If the provider fails 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. R. Use of Funds for Lobbying Prohibited To comply with the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency. S. Public Entity Crime Pursuant to section 2137.133, F.S., the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the department When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, he/she may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or the repair of a public building or public work, may not submit bids 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 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. T. Gratuities The provider agrees that it wiil 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 U. Patents, Copyrights, and Royalties 1. If any discovery or invention 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, the provider shall refer the discovery or invention to the department to be referred to the Department of State to determine whether patent protection will be sought in the name of the State of Florida. Any and ail patent rights accruing under or in connection with the performance of this contract are hereby reserved to the State of Florida. 2. In the event that any books, manuals, films, or other copyrightable materials are produced, the provider shall notify the Department of State. )\ny and all copyrights accruing under or in connection with performance under this contract are hereby reserved to the State of Florida. 3. The provider, if not a state agency. as that term is defined in subsection 768.28, F.S., shall indemnify and save the department and its employees harmless from any liability whatsoever, including costs and expenses, arising out of any copyrighted, patented, or unpatented invention, process, or article manufactured or used by the provider in the performance of this contract. 4. The department will provide prompt written notification of any claim of copyright or patent infringement. Further, if such claim is made or is pending, the provider may, at its option and expense, procure for the department, the right to continue use of, replace, or modify the article to render it non-infringing, If the provider uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that 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 5. Ail applicabie subcontracts shall include a prOVISion that the Federal awarding agency reserves ali patent rights With respect to any discovery or invention that arises or is developed in the course of or under tile subcontract. V. Construction or Removation of Facilities Using State Funds That 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 dale of purchase or the completion of the improvements or as further required by law, As a condition of receipt of state funding for Ihis purpose, the prOVider aqrees that, if it disposes of the property before the department's interest is vacated, the provider will refund the proportionate share of the state's initial investment. as adjusted by depreciation. \1onmc County In-lloll1c Services ~ CUi\TRACl,>:: KCi060 3/06/07 W. Information Security Obligations 1. To identify an appropriately skilled individual to function as its Data Security Officer who shall act as the liaison to the department's security staff and who 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 system or information access and ensuring that user access has been removed from all terminated provider employees. 2. To hold the department harmless from any loss or damage incurred by the department as a result of information technology used, provided or accessed by the provider. 3. To provide thE! latest departmental security awareness training to its' staff and subcontractors. 4. To ensure that all provider employees who have access to departmental information are provided a copy of CFOP 50-6 and that they sign the DCI' Security Agreement form (CF 114), a copy of which may be obtained from the contract manager. x. Accreditation That 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 our providers will either be accredited, have a plan to meet national accreditation standards, or will initiate one within a reasonable period of time. Y. Agency for Workforce Innovation and Workforce Florida That it understands that the department, the Agency for Workforce Innovation, 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 Agency for Workforce Innovation and Workforce Florida. Z. Health Insurance Portability and Accountability Act Where applicable, to 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). AA. Emergency Preparedness If the tasks to be performed pursuant to this contract include the physical care and control 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 pre-disaster records protection, alternative accommodations for clients in substitute care, supplies, and a recovery plan that will allow the provider to continu,e functioning in compliance with the executed contract in the event of an actual emergency. 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. BB. PUR 1000 Form The PUR 1000 Form is hereby incorporated by reference. In the event of any conflict between the PUR 1000 Form, and any terms or conditions of this contract (including the department's Standard Contract), the terms or conditions of this contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form is required by any section of the Florida Statutes. the terms or conditions contained in the PUR 1000 Form shall take precedence II. THE DEPARTMENT AGREES: A. Contract Amount To pay for contracted s,ervices according to the terms and conditions of this contract in an amount not to exceed $N/A or the rate schedule, subject to thE> availability of funds. The State of Florida's performance and obl/gation to pay under this contract is contingent 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 contract. B. Contract Payment Pursuant to section 215422, FS., the department has five (5) working days to inspect and approve goods and services, unless the bid specifications, purchasE! order, or this contract specify othervvise. 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 Officer pursuant to section 55.03, FS., 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 wi!1 be calculated at the daily interest rate of ,03333%. Invoices returned to a provider due to pr"eparation errors will result in a non-interest bearing payment delay. Interest penalties less than one (1) dollar will not be paid unless the provider requests payment. C. Vendor Ombudsman A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in subsection 215.422, F.S., which include disseminating information relative to the prompt payment of tillS state and assisting vendOI-S irl receiving their payments in a timely manner from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. !V1unroe Count) In-Ilolllc Services 5 CONTRACT #- KG060 3/06/07 D. Notice Any notice, that is required under this contract shall be in writing, and sent by U.S. Postai Service or any expedited delivery service that provides verificat,on 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. III. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE: A. Effective and Ending Dates This contract shall begin on Ju[y 1 2007, 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, [ocal time in Monroe County, Florida, on June 30 2008. B. Financial Penalties for Failures to Comply with Requirement for Corrective Action. 1. In accordance with the provisions of Section 402.73(1), FS., and Section 65-29001. Florida Administrative Code, corrective action plans may be n3quired 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. 2. 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 (10%) 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. 3. NoncompliancH 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. 4. 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. C. Termination 1. 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 shaH be delivered by U.S, Postal Service or any expedited delivery senlice 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. 2. 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. 3. This contract may be terminated for the provider's non-performance upon no less than twenty-four (24) hours notice in writing to the provider. If applicable, the department may employ the default proYisions in Rule 60A-1.006(3), Florida Administrative Code. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shalf not 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. 4. Failure to have performed any contractual obligations 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. D. Renegotiations Olr 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. Monroe County In.]lo!llc S('!"ViC('5 6 U)\;TRJ\CT f; KCiOW 3/06/07 E. Official Payee and Representatives (Names, Addresses, and Telephone Numbers): 1. The provider name, as shown on page 1 of this contract, and mailin~1 address of the official payee to whom the payment shall be made is: Monroe County In-Home Services 1100 Simonton Street Key West, FL 33040 2. The name of the contact person and street address where financial and administrative records are maintained is: Deloris Simpson, Se'nior Administrator Monroe County In.Home Services 1100 Simonton Strellt Key West, FL 33040 305-292-4589 3. The name, address, and telephone number of the contract manager for the department for this contract is: Theresa Phelan 111112'" Street Key West, FL 33040 305-292-6810 4. The name, address, and telephone number of the representative of the provider responsible for administration of the program under this contract is: Deloris Simpson Monroe County In-Home Services 1100 Simonton Street Key West, FL 33040 305-292-4589 5. Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. F. All Terms and Conditions Included This contract and its attachments, LmJ.Q.J..L and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the parties. 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. 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. By signing this contract, the parties agree that they have read and agree to the entire contract, as described in Paragraph III. F, above. IN WITNESS THEREOF, the parties hereto have caused this 42 page contract to be executed by their undersigned officials as duly authorized. PROVIDER: Print/Type Name: Title: Mayor JUN :~ 0 lOO7 Date: STATE AGENCY 29 DIGIT FLAIR CODE: Federal Tax iD # (or SSN): 59-0600749 MONROE COUNTY ATTORNEY ~~A1-~O~: CYNTHIA L. H LL ASSIS ANT COUNTY ATTORNEY Date 0')- '3 1- 07' ,yfo11roe County' IlJRIlome Services FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Signature: ~/~o&- Print/Type Name: Title: District Administrator Date: b/:/RIO) f -~~ Provider F' . rc~, Date: -ill!/30. O''?'', (,,;""? :J:: 0 ~!:k__ J IJ.\ '. .. ~ :r> ,,'CI,},~, \, ::UC1~ 'I' C__- . \ ~~~ ,J. "I. '~nA_ -'\"&'\-'.-<'" L: ..' on' \.; ; \:\;;;:, , ::::.:;<:;:; ,;:: :", '"., S; ~~ ~~~~ \\;:<,.'-~<. ,,', -';n',_ ';'<>:'<";"'" c. _,;,.,'::', ' ' ca.IJII& ~~ :-l ~ r 1ft )> 7 ...... <=> -" <=> ..... I- e- m c:: 1...::) r- I 'T, C) \.0 '':':0 ;po :;!J :x Iii C) \.0 C> .. ::0 N c:J en CONTRACT # KC;(J6(J 07101/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program 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 Glossary of Contract Terms, which is incorporated herein by reference and can be obtained from the contract manager. 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) Case Management Providers - Private, for-profit, or nonprofit agencies designated to provide coordination of care for eligible clients. This includes assessment of client needs and eligibility, development of care plans, and the arrangement for appropriate services to meet those needs. Case management providers integrate all available services through departmentally-approved direct service providers into a sole program of service delivery uniquely patterned to meet the client's varying service needs. Case management providers may choose to deliver only case management services or choose to be dually responsible as both a direct service provider and a case management provider. (3) Client - Any person who is eligible and is at least eighteen (18) years through age fifty-nine (59), has one (1) or more permanent physical or mental limitations that restrict the client's ability to perform normal activities of daily living, and impede the client's capacity to live independently or with relatives or friends without the provision of community-based services. (4) Direct Service Providers - Private, for-profit, or nonprofit agencies that provide direct service support to eligible clients. Direct services range from the provision of health services delivered by physicians, nurses, physiotherapists, occupational therapists, speech therapists, and dietitians, to services delivered by workers such as homemakers, chore and transportation worker and personal care aides. The direct service provider may provide 03/22/07 Monroe County In-Home Services 8 PSMAI No. GA07 Contract No. KG060 07/01/2001' Community Care for Disabled Adults/Fixed Price Adult Services Program one or more aspects of care. The direct service provider may also choose to deliver only direct services or choose to be dually responsible as both a case management provider and a direct service provider. (5) Medicaid Institutional Care Program (MICP) - A program that serves Medicaid recipients who are determined eligible for a nursing home level of care, which provides primary, acute, and long-term care services at capitated federally-matched rates. (6) Nursing home - Any facility which provides nursing services as defined in Chapter 464, F.S., and which is licensed in accordance with Chapter 400, F.S. (7) Outcomes - Quantitative indicators that can be used by the department to objectively measure a provider's performance toward a stated goal. (8) Outputs - Process measures of the quantity(ies) of services delivered, clients served, or similar units completed. (9) Performance Measures - Quantitative indicators, outcomes and outputs, that can be used by the department to objectively measure a provider's performance. 2. General Description a. General Statement (1) 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. (2) 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. b. Authority Sections 410.601-410.606, F.S., Chapter 65C-2, Florida Administrative Code (FA C.), and the annual appropriations act, with any proviso 03/22/07 Monroe County In~Home Services 9 PSMAI No. GAD7 Contract No. KG060 07101/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program language or instructions to the department, constitute the legal basis for services to be delivered through the COMMUNITY CARE FOR DISABLED ADULTS program. c. Scope of Service Services will be targeted toward eligible adults, in the following counties: Monroe County. d. Major Program Goal Community-based services provided under this contract 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 menta/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, awards 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 district's criteria for evidence of a disability. This 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. 03/22/07 Monroe County In-Home Services 10 PSMAI No. GA07 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program (2) Applicants must have an individual income at or below the prevailing MICP eligibility standard in order to receive free COMMUNITY CARE FOR DISABLED ADULTS 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 district or provider case management staff, in accordance with subsection 410.604 (2), F.S. (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 COMMUNITY CARE FOR DISABLED ADULTS services, shall not exceed the average, annual general revenue portion of a Medicaid nursing home bed within the district 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) The provider shall deliver services only to those persons who have completed the Adult Services Screening for Consideration for new Community Based Programs, Exhibit A, been scored by that instrument, and were referred to the provider by the District/Region Program Office, and only to the extent that funds are available. 03/22/07 Monroe County In-Home Services 11 PSMAI No. GA07 Contract No. KG060 07101/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program B. Mannl~r of Service Provision 1. Service Tasks a. Task List (1) The following tasks will be performed under this contract. DAdult Day Care ~Case DEmergency Alert Management Response ~Personal Care DHome Health DGroup Activity Aide Therapy ~Homemaker DHome Nursing ~Home Delivered Meals Dlnterpreter DTransportation DMedical Therapeutic Services DChore DRespite DPhysical and Exams DEscort DAdult Day Health Care (2) Details of services to be provided under this contract and the negotiated parameters of those services include: (Descriptions and minimum requirements for each service listed are listed in "The CFOP 140-8, COMMUNITY CARE FOR DISABLED ADULTS Operating Procedures"). (3) Each district COMMUNITY CARE FOR DISABLED ADULTS program shall 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, FAC. (2) Homemaker service time does not include time spent in transit to and from the client's place of residence except when providing 03/22/07 Monroe County In-Home Services 12 PSMAI No. GA07 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program 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 Homemaker assignment; (b) accept gifts from clients; (c) lend or borrow money or articles from clients; (d) handle client money, unless authorized in writing by a supervisor or case manager (documented in the personnel file) and unless bonded or insured by the employer; (e) 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 "The CFOP 140-8, COMMUNITY CARE FOR DISABLED ADULTS Operating Procedures". (5) District task limits, which exceed those in CFOP 140-8, COMMUNITY CARE FOR DISABLED ADULTS Operating Procedures, and are distinctive to this contract, are listed here: N/A. 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. 03/22/07 Monroe County In-Home Services 13 PSMAI No. GA07 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program 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 does not allow the provider to subcontract for the provision of any services under this contract. 3. Service Location and Equipment a. Service Delivery Location and Times (1) COMMUNITY CARE FOR DISABLED ADULTS 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. (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 location(s) and times: SERVICE LOCA TlON TIME(S) Case Management Client's Home As needed Homemaking Client's Home As needed Personal Care Client's Home As needed Home Delivered Meals Client's Home As needed J 03/22/07 Monroe County In-Home Services 14 PSMAI No. GA07 Contract No. KG060 07/01/2001' Community Care for Disabled Adults/Fixed Price Adult Services Program 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 (10) working days prior to implementation of that proposed change. In the event of an emergency, temporary changes in location may necessitate waiver of this designated standard by the district'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. Medical Equipment (1) If medical equipment purchase is made to meet the Activities of Daily Living or Instrumental Activities of Daily Living service needs of a client being served through this provider contract, the provider must submit a durable medical equipment inventory, Exhibit B, to the department which lists each piece of equipment to be purchased. The equipment required to perform the contracted services must be approved by the department. To ensure uniformity, safety, and quality of service to clients, any requests for equipment change must be presented in writing to the contract manager for department approval at least ten (10) days prior to any proposed change. (2) The provider must inventory all equipment acquired under this contract annually. The inventory list must be made available within seven (7) days upon receipt of written request by the contract manager. The provider must list the items of equipment on the provider inventory, Exhibit C, as applicable to the provider's contract for specific services. 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. 03/22/07 Monroe County In-Horne Services 15 PSMAI No. GA07 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program b. Records and Documentation (1) Case management agency individual client files shall contain the following: (a) a completed client assessment (not more than one (1) year old); (b) a care plan (not more than one (1) year old); (c) a release of information form; (d) a copy of a completed Client Information System (CIS) 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. (2) 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; (b) current documentation of eligibility for services; (c) 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. (3) Providers must ensure that all client records accurately match the invoices submitted for payment. Records must cross reference to each invoice for payment. (4) Providers must maintain documentation necessary to facilitate monitoring and evaluation by the department. 03/22/07 Monroe County In-Home Services 16 PSMAI No. GA07 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program (5) The case management provider must maintain documentation in the client's file that all comparable community services and funding sour,ees have been explored and exhausted before using COMMUNITY CARE FOR DISABLED ADULTS funding. c. Reports I Report Title j ! Reporting Report Date Due i Number DCF Office ! ! I Frequency , of copies address(es) to ! , I due receive report I I I The 15th of month Contract Monthly Monthly 1 Cumulative immediately Manager Summary following the month Reports I being reported on. I i l ! I ' ---t-.----ri ~ As needed I 1 Contract i I ,Manager I . I I Request for As needed Approval of I I CCDA Care l Plan : Services I Increase (1) Reporting requirements for this contract include, Exhibit D, Monthly Cumulative Summary Reports, if applicable. Districts will negotiate with the provider on specific submission requirement criteria for these reports. Included in the reports shall be copies of activity sheets which shall include the service provided, signature of client receiving the service and the staff member providing the service. (2) Providers of case management services agree to submit Monthly Cumulative Summary Reports, which include management program data (e.g., client identifiable data) to the department, according to negotiated instructions provided by the districts. (3) 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. 03/22/07 Monroe County In-Home Services 17 PSMAI No. GA07 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program 5. Performance Specifications a. Performance Measures (1) 100 % of adults with disabilities receiving services will not be placed in a nursing home. (2) Twenty qualified disabled adults (ages 18-59) will be provided case management. (3) Twenty qualified disabled adults (ages 18-59) will be in the COMMUNITY CARE FOR DISABLED ADULTS program. 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 (1) Measuring Outcomes. The department will measure the outcomes found in paragraph B.5.a. above as follows: (a) 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, Home Care for Disabled Adults, and Medicaid waiver programs not transferred to a nursing home, by the total, fiscal year-to-date number of clients in the COMMUNITY CARE FOR DISABLED ADULTS, Home Care for Disabled Adults, and Medicaid wavier programs. (b) The outcome measurement contained in paragraph B.5.a. (2) above will be calculated by the total number clients actively receiving case management from the COMMUNITY CARE FOR DISABLED ADULTS, Home Care for Disabled Adults, and Medicaid waiver programs by the total number of qualified disabled adults eligible to receive such services. (c) The outcome measurement contained in paragraph B.5.a(3) above will be a sum calculation of the total number clients actively receiving daily living services from the COMMUNITY CARE FOR DISABLED ADULTS program. 03/22/07 Monroe County In-Home Services 18 PSMAI No. GAD? Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program (2) By execution of this contract the provider hereby acknowledges and agrees that its performance under the contract must meet the standards set forth 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 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 including liability. (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 COMMUNITY CARE FOR DISABLED ADULTS 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. b. Case Management Provider Unique Activities 03/22/07 Monroe County In-Home Services 19 PSMAI No. GA07 Contract No. KG060 07/01/2007 Comm'unity Care for Disabled Adults/Fixed Price Adult Services Program (1) The case management provider will accept all referrals through the AS District Program Office. (2) The case management provider will initiate services on only the referrals made through the AS District Program Office. (3) The case management provider will complete all ongoing face- to-face assessments on all active clients using the Adult Services Client Assessment, CF-AA 3019. (4) The case management provider will maintain an accurate and current active caseload list. (5) The COMMUNITY CARE FOR DISABLED ADULTS 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. (6) The case management provider will notify the local Adult Services office of all service terminations, service increase requests and monthly expenditure trends with regards to the terms of this contract. See Exhibit E, Request for Approval of CCDA Care Plan Services Increase. (7) The case management provider will explain to each individual requesting consideration for COMMUNITY CARE FOR DISABLED ADULTS services that the program maintains a centralized Waiting List on which the individual will be placed. As funds become available to serve individuals from the wait list, each individual on the COMMUNITY CARE FOR DISABLED ADULTS wait list will be given program consideration according to his or her score received through a completed Adult Services Screening. c. Provider Activities Pertaining to both Direct Service Providers and Case Management Providers (1) If required by 45 CFR Parts 160, 162, and 164, the following provisions shall apply [45 CFR 164.504(e)(2)(ii)]: (a) 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. 03/22/07 Monroe County In~Home Services 20 PSMAI No. GA07 Contract No. KG060 07/01/2007 03/22/07 Monroe County In-Home Services Community Care for Disabled Adults/Fixed Price Adult Services Program (b) 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. (e) The provider agrees to report to the department any use or disclosure of the information not provided for by this contract or applicable law. (d) 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. (e) The provider agrees to make PHI available in accordance with 45 C.F.R. 164524. (f) 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. (9) The provider agrees to make available the information required to provide an accounting of disclosures in accordance with 45 C.F.R. 164.528. (h) 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. (i) 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. 21 PSMAI No. GA07 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program OJ A violation or breach of any of these assurances shall constitute a material breach of this contract. 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. 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 COMMUNITY CARE FOR DISABLED ADULTS 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). 03/22/07 Monroe County In-Home Services 22 PSMAI No. GAD? Contract No. KG060 07101/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program 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 for a total dollar amount not to exceed $N/A, subject to the availability of funds b. The department shall make payments to the provider for the provision of services up to the maximum number of units of service at the rates shown below. c. The department agrees to pay for the service units at the unit price(s) and limits listed below. Service Units Unit Price Maximum # of Units Case Manaqement $5873 185 Personal Care $41.08 180 Homemaker Services $ 31 .06 1,369 Home Delivered Meals $ 6.50 3,223 c. The provider's dollar match for this contract is $9,081.00. Case management and transportation services may be exempt from match requirement at the discretion of each district. d. Cash or in kind resources may be used to meet this match requirement. 2. Invoice Requirements The provider shall request payment through submission of a properly completed Invoice, Exhibit F, within 10 days following the end of the month for which payment is being requested. The provider shall submit to the contract manager an original Invoice, Exhibit F, and no copies, along with supporting documentation. Payment due under this contract will be withheld until the department has confirmed delivery of 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. 03/22/07 Monroe County In-Home Services 23 PSMAI No. GA07 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program 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 No fees shall be assessed for services provided under this contract other Ulan those collected in compliance with Rule 65C-2.007, FAC. 2. Dispute Resolution a. The parties agree to cooperate in resolving any differences in interpreting this contract or in resolving any dispute related to or arising out of this contract. Within five (5) working days of execution of this contract, each party shall designate one person to act as the representative for dispute resolution purposes, and shall notify the other party of the person's name and business address and telephone number. Within five (5) working days from delivery to the designated representative of the other party of a written request for dispute resolution, the representatives will conduct a face-to-face meeting to resolve the disagreement amicably. If the representatives are unable t50 reach a mutually satisfactory resolution, either representative may request referral of the issue to the provider's Executive Director and the Department's District Program Director. Upon referral to this second step, the Executive Director and the District Program Director shall confer in an attempt to resolve the issue. b. If the Executive Director and the District Program Director are unable to resolve the issue within ten (10) days, the parties' appointed representatives shall meet within ten (10) working days and select a third representative These three representatives shall meet within ten (10) working days to seek resolution of the dispute. If the representatives' 03/22/07 Monroe County In.Home Services 24 PSMAI No. GA07 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Aduit Services Program good faith efforts to resolve the dispute fail, the representatives shall make written recommendations to the Secretary who will work with both parties to resolve the dispute. The parties reserve all their rights ans remedies under Florida law. 3. IFlorida Statewide Advocacy Council The provider agrees to allow properly identified members of the Florida Statewide Advocacy Council access to the facility or agency and the right to communicate with any client being served, as well as staff or volunteers who serve them in accordance with subsections 402.165(8) (a) & (b), F.S. Members of the Florida Statewide Advocacy Council shall be free to examine all records pertaining to any case unless legal prohibition exists to prevent disclosure of those records. 4. Transportation Disadvantaged The provider agrees to comply with the provisions of Chapter 427, F.S., Part I, Transportation Services, and Chapter 41-2, FA C., Commission for the Transportation Disadvantaged, if public funds provided under this contract will be used to transport clients. 5. MyFloridaMarketPlace Transaction Fee This contract is exempt from the MyFloridaMarketPlace Transaction Fee in accordance with Chapter 60A-1.032(1 )(e), Florida Administrative Code. 6. Incident Reporting The provider is required to document all reportable incidents, as defined in CFOP 215-6, Incident Reporting and Client Risk Prevention, which is incorporated herein by reference. For each critical incident occurring during the administration of its program, the provider must, within 24 hours of the incident, complete and submit an Incident Report (Exhibit G) to the contract manager for this contract. A copy of the incident report must also be placed in a central file marked "Confidentiallncident Report". Dissemination of the report within the department will be the responsibility of the department's contract manager. Incidents that threaten the health, safety or welfare of any person or that place any person in imminent danger must be reported immediately to the department contract manager by telephonic contact. The information contained in the incident report is confidential. The dissemination, distribution or copying of the report is strictly prohibited, unless authorized by the department. 03/22/07 Monroe County In-Home Services 25 PSMAI No. GAD? Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program 7. Contract Term The department and the provider agree that this contract shall be for a one year term at the provider's request. E. List of Exhibits 1. Exhibit A, Adult Screening for Consideration for Community-Based Programs 2. Exhibit S, Durable Medical Equipment Inventory 2. Exhibit C, Provider Inventory 3. Exhibit D, Monthly Cumulative Summary Reports 4. Exhibit E, Request for Approval of CCDA Care Plan Services Increase 5. Exhibit F, Invoice 6. Exhibit G, Incident Report 03/22/07 Monroe County In~Hol11e Services 26 PSMAI No. GA07 Contract No. KG060 E.loft.!51 T' A f6fi~i~~:f~ AS Screening for Consideration for Community-Based Programs PART I 1. Name: A. Date of Referral (Initial Contact): B. 0 Walk In D Phone 0 Other: 2. Address: C. Referral Source (include phone number): District/Region: 3. Phone: 4. Race: Gender' 5. Marital Status: 6. Social Security Number: 7. Primary Language: 8. Medicaid D Number: D. Relationship to Individual Being Referred: Age/DOB: E. Is Individual Aware of Referral? 0 Yes 0 No 9. Medicare 0 Number: 10. Other Insurance: 11. Financial: (for Placement & Supportive Services only) 12. Other Essential Person(s): physician, family member(s), POA, guardian, caregiver (include address and phone number) $ $ $ $ $ _(SSDI) _(SSI) _ (Workers Comp) _(Other) Emergency Contact (and phone): _(Other) 13. Directions to Home (as needed): 14. Problem/Diagnosis: 15. How Long a Problem? 17. Services Requested: 16. Urgency of Need: 18. Other Agencies Contacted for Help: 19. AS Counselor's Signature: Date: 20 Disposition: [J Protective Inter\lention Placement D Protective Intervention Supportive Services 0 Short-Term Case Mgmt. o Information & Referral 0 CCOA Application D ADA Medicaid Waiver Application [J HCDA Application D CCDA \/'Jaiti'lg List - Score _ C ADA Medicaid Waiver Waiting List - Score _ 0 HCDA Waiting List - Score_ 21. Due Process Pamphlet (CF/PI140-43) Given/Mailed by: Date: 22. Given to Supervisor for Review by: 24. PART I sent to: Date: 23. Reviewed/Approved by: Date: Date: By: 25. Referred to AS Counselor/Case Manager: CF-AA 1022, POF 09/2iJ05 Date: Page 1 of 4 '1.:; PART II FUNCTIONAL ASSESSMENT (ADLs AND IADLs) 26. Check sourCElS of information used for FUNCTIONAL ASSESSMENT Section. D Individual Requesting Services D Other (specify): 27. Has individual requesting services had any ongoing problems with memory or confusion that seriously interfere with daily living activiti<9s? Describe: Indicate name and phone number of physician/other who is treating individual for memory/confusion problem(s): (Address all questions to the individual requesting services if possible. The purpose of these questions is to determine actuall ability to do various activities. Sometimes, caregivers help the individual with an item regardless of the person's ability. Ask enough questions to make sure the individual requesting services is telling you what he/she can or cannot do.) Response Definitions: No help: Individual can perform activity without assistance from another person. Some help: Needs physical help, reminders or supervision during part of the activity. Can't do it at all: Individual cannot complete activity without total phvsical assistance from another person. Total Score: Add numbers from "Some help" and "Can't do it at all" columns to points given in question #33. and put sum in Total Score boxes. ACTIVITIES OF DArL Y LIVING (ADLs) (Read all choices before taking answer) Would you say that you need help from another person? (Does not include assistance from devices) o = No help 2 = Some help 3 = Can't do it at all Comments/Care Plan Implications: (Include services, supplies, eauioment, etc.l 28. Dressing (inclLldes getting out clothes and putting them on and fastening them, and putting on shoes) 0 29. Bathing (inclucles running the water, taking the bath or shower and wa:5hing all parts of the body including 0 hair) 30. Eating (includes eating, drinking from a cup and cutting foods) 0 31. Transferring (i1c1udes getting in and out of a bed or chair) 0 32. Toileting (independently includes adjusting clothing, getting to and on the toilet, and cleaning one's self. If 0 accidents occur and person manages alone, count it as independent. If reminders are needed to clean up, change diapers, or use the toilet this counts as some help) 33. Bladder/Bowel Control - How well can you control your bladder or bcwel? 0 -- Never have accident (0) -- Occasionally have aCCidents (2) Enter Score -- Often haVE! accidents (~i -- Alwavs have accidents I I ADL Total Score (Total possible score = 19) 0 Page 2 of 4 L& INSTRUMEN"rAl ACTIVITES OF DAilY LIVING (IADls) (Read all choicllS before taking answer) Would you say that you need help from another person? (Does not Include assistance from devices) 0= No help 1 = Some help 2 = Can't do it at all Comments/Care Plan Implications: (Include services. supplies, equipment, etc.) 34. Transportation Ability (includes using local transportation, paratransit, or driving to places beyond 0 walking distanCi~) 35. Prepare Meals (includes preparing meals for yourself including sandwiches, cooked meals and TV dinners) 0 36. Housekeeping (dusting, vacuuming, sweeping, laundry) 0 IADL Total Score 0 (Total possible score = 6) SUPPORT AND SOCIAL RESOURCES OF INDIVIDUAL REQUESTING SERVICES (No Score for Questions 37-46) 37. Check source(s) of information used for this section. D Individual Requesting Services D Other (specify): SERVICES/HEI_P Yes No NOTES Do vou receive... 38. Personal CarE~ Assistance (b,athing, dressing, getting out of bed, toileting and eating) 39. Housekeepinn (laundry, cleaning, meals, etc) 40. Transportation 41. Shopping/Errands 42. Personal Finances (money management) 43. Services from a health professional such as an RN or Therapist? 44. Adult Day Can:! 45. Home delivered meals (Formal only) 46. Any other kindl of help I (Specify) Page 3 of 4 2.9 PART III. SCORING MATRIX For items 1,2,3,4,5 and 6 in the scoring matrix below, enter the value (in parenthesIs) following the question response which corresponds to the response obtained during the interview or through reviews. Example: If the answer was "yes" to the question "Is irdividual homebound?", a score of 1 point is placed on the line next to the answer iine marked "Yes." For item 7, enter the score for ADLs and IADLs from the screening form. For item 8, subtract 40 points if the individual interested in HCDA or CCDA services appears eligible or is receiving comparable services from other programs. See the Adult Services Waiting List Policy for Community-Based Programs for a definition/description of "comparable services." Comments From Individual Requesting Services That May Result in Re-AdJustment of Score: Total Score: Add and subtract (as appropriate) the individual scores for each item to determine the total score and place the score in the box marked Total Score. Domain/Question 1 Is individual requesting services a victim and at high risk of abuse, neglect, or exploitation based on Protective Investigator's report? Score I Yes(4pt) 2. Is individual rI=questing services a victim and at intermediate risk of abuse, neglect, or exploitation based on Protective Investigator's Report? Yes (2 pt.) 3. Does individual live alone or is individual solely responsible for minor children (under the age of 12) in the home? Yes (1 pt.) 4 Is individual homebound? (See AS Screening for Consideration for Community-Based Programs INSTRUCTIONS for definition of homebound) Yes (1 pt.) 5 Does individual have ongoing memory/confusion problems? Yes (2 pt.) 6. Is individual receiving 551 or SSD because of primary diagnosis of sensory impairment? Yes (3 pt.) o (enter ADL total score) o (enter IADL total score) 7 Functional Assessment ADLs. IADLs 8, Support for Individual Requesting Services: Does individual currently receive help/services (formal/informal) in ADL or IAOL deficit areas noted? No help (4 pt.) Help is available but overall inadequate or changing, fragile or problematic (2 pt.) Help is adequate overall in deficit areas (0 pt) For HCDA and CCDA Programs Only: Individual app'3ars eligible or is receiving comparable services from other departmental programs, APO, or vocational rehabil- itation. (Does not Include AS programs - see waiting list policy for definition of "comparable services,") Specify program(s) to which individu;31ls being referred for eligibility determination and steps taken to refer individual to other program(s). Minus 40 pt I CCDA o ADA MW o HCDA o TOTAL SCORE (Total Possible Score = -40 to +40) Page 4 of 4 ~ Hd""''',,"'''''''';.>1 ~ --~:~ , Item Purchased 1. 2. 3. 4 5. 6. Exhibit B Durable Medical Equipment Inventory Date of Purchase Purchase Cost 31 Name of Client Receiving Purchased Item KG060 W N ^ Gl o '" o ~ ~ g c " 171 ,- " b n '{: :" , c ~ " ~ ~ ~ f f ~. ~ ~ 0 ~ ~ 0 ~ s ~ ~ .,., 0 O'i 0' ~ ~ ~ ~ '< Q 1] ~ :< ~ :g~~~ -g i\ Ii g ~ '" c g; " ~ '" ~ , ~"'-co w ~ rn C', '" wen"" :0 m < ~ m "- Z o < N o o '" .,., III (") (; :Z]8 r- ;l),.... ~::;i Z "'- r m ~'"IO~~ 2 z ~ C m '" '" ;:; '" '" ~~,g' o a :J o " . <1l ~ C -~~ 3 m " , o 0 " 0 , < o o " o , . o rn ~ o o "- r ;; " " ~ g o " ~ ~ Z m ~ o 0 c ~ m ~ ~ ~ ~ ~ ~ 0 ~ z ~ 8 ~ z m ~ n Z o m Z 0 ~ I ~ m ~ ~ ~ m i il 5. m, ; ~z I ~ ~ ~i Q j; z ffi ~ ~ cO 2i,2 [ ;fl ~ ~ ~ S ~ 2 g; ~ < m n ~ ~ ~ ~ ~ ~ 3 < Z ~ ~ ~ 2 ~ ~ r ~ r ~ ~ ~ ~ ~ ~ o ori 8 :;! ~ o Z 1 i I --.l 1 I J z < r." ~-< c;)~ ~ 0 o -;-l < 0 ~ CO ~Ill o ::l go. ~~ .0 _, !:.o ~ .., o. n o 0 n ::l o _ ~Ql 'C n ~ - 0'< :!. CD ~ III ... ".IIl ~ a. n o < ~ n z ... n ::;! OJ r a Gl ." r " o o ;: ." " o ." m " ... -< .. 0- o o .. ~ n o ~ o '" o < ~ .. '" a '" m 0 l/I n " ~ o z l/I m " " r .. n o ~ n o z ... " " n r ;: ~ c :n " o r a " ... m n ." m a 1/!. l/I ii ... m 1/!. a l/I ." o 11l " r '" " ... m I j,J!, '," H '-0 ;'c "tl ;C o S Om m)( ;C::r -0: z _. <- mn z -l o ~ w w z o 3 ro o , ~ " o ". " , --< ~ if ~;o ;;:m m"U 00 -;0 )>-1 -10 ~C -<m ,,-1 00 '-I 0 "U 'I fi' ~ Om 0 ~o ~ :5, IT c. Z- m G)~ ;a ~ m m -1;0 ce, ::> I- 0 c. m~ ::> m ;;:-1 m '" OI ::> a;- zm c. ::> -I~ " CD m IU1 '" ~ a;- m I mo ::> -)> " ~-< m ;00 m" "U-I '" OI CJ ;om 0 -I;;: '" 0 mo oz 0-1 ZI "U m ~ en o ::> () o 3 " in: S' to -I ::; 1ij' ;0 m " o ;::j. ~ ~ ~ ~ ~ ~ U1 .... W N ~ a "' OJ ~ <J) U1 .... W N ~ ;u ro c <; " " z . 3 ro 6 " . " ~" go ro ,. =(1) , ro ro " n < ~ ii ro " ;u ~ ro < c n'~ ro < ~ro ~ m f? a I x "U ' --I m o )> 0 Z () , 0 ~;; 0 )> ;;: cr~ --I ~ " =i 0 "~ (5 ro 0 C Z ~, ;;; ;0 Z --I c ro m I ro " ~< (f) r 0 -< ro I ~;=$; ...., ;:::: 0 , " " , ro roO' ! s. ::;;-<, R[=lt i ~" , I crO ~ '" " " i i ro " ~ I ii c I ~~ --< ! I 0 i w I ~ <: I (11 CD 0 ro =::l :;:~~ n" '< .!E- " ~ it o '" 10 lJ ;;1J 0 < !:J 0 , ' m ;;1J OJ r C Z G) " 0 ;;1J (") (f) (") m 0 ;;1J < )> () 3: m 0 (f) 0 Z -l m :::I: r < . m -< ;;1J (") m C 0 3:m -I 0 c)( 0 .::r () )>0: " -l -. -- () <0 0 m s:: (Jl s:: c c 3: z 3: -I -< )> () ;:0 )> -< ;;1J ;:0 m m " "'tJ 0 0 ;;1J ;:0 0 -l (f) )> OJ r m )> -00;0 0 Z ;oom )> Z 0"-0 0 C <00 C )> 6-;0 , m(f)--I r )> ;o;ti;;: -I , (f) , z(5o () 0 )>--IZ 0 ;;:---1 0 ~ ::lJ:r: Z mm.. G) (f) 0 0 c Z s:: Z m ;;1J (f) ....~ Exhibit E Request for Approval of CCDA Care Plan Services Increase Part I: Recioient n ormation Name: Last name. first name, middle name or initial Date of birth Social security number' MedicaidiMedicare 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 district/agency: 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) o Failing Support System o Decrease in Functional Capacity o Rapidly Deteriorating Health Medicaid waiver eliglibility date: I f 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 inslrucllons for details about tile type of information required here. Use the space below or include attachment.) Part III: Proposed New Service Request. (Please indicate the new care plan services being requested and the corresponding, anticioated service start dates.) Service Anticipated start date Service Anticinated start date I I CF-AA 1121 Mar 2005 34 KG060 I 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 Detaill for Proposed New Care Plan Service(s). A. Attach a Cost Detail page for each service requested in Part III. 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 sofe source provider of this service in this geographic area, etc. Attach information as necessary (e.g.. agency administrative casts, your agency safary scale, etc.), Refer to the form instructions.] o 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. o 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 o 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 VII. Signatures. (Please note: Final approval of all requests for Care Plan increases rest with the Budget Entity Team Providers will receive an Award Letter from the Budaet Entity Team (or one of its members) when the plan has been aDl roved.] Provider Agency: (Signature indicates that the information presented in this Request for Care Plan Services Date: I Increase and attachme'1ts are accurate and complete.) Reci p ient/Re presentative: (Signature indicates that the Recipient/Representative has reviewed the Request for Date: Care Plan Services Increase and attachments.) I i DistricURegional Pro9ram 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: I Funding Plan.) I I 35 KG060 Exhibit F DEPARTMENT OF CHILDREN AND FAMILIES ADULT SERVICES OFFICE MONTHLY REQUEST FOR PAYMENT AND EXPENDITURE REPORT PROVIDER FED, 10 # NAME AND MAILING ADDRESS OF PAYEE: CONTRACT AMNT,' REIMBURSEMENT YTD CONTRACT BALANCE: DATE: CONTRACT#: PERIOD OF SERVICE PROVISION NAME OF SERVICE UNITSI AMOUNT PER UNITI TOTAL AMOUNT OR DESCRIPTION OF MATERIALS QUANTITY EPISODE DUE TOTAL TOTAL MATCH REQUIRED PAYMENT FOR CONTRACT REQUESTED THIS MNTH, YTD, H".j<l,o 1)'-1',"0"" ,1\ "I LOCAL CASH MATCH Children & F.'ll)lilil~S LOCAL IN-KIND ,...--; TOTAL DEDUCTIONS '.' REMAINING MATCH BALANCE ,_.- -... SIGNITURE OF PREPARER APPROVED BY DATE COMPLETED TITLE 'IF THIS INvOICE IS FOR A f'IXED PRiCE CONTRACT. THE REQLiEST FOR PAYMENT WILL se DETERMINED BY C:V:DING THE LENGTH 01" THE CONTRACT INTO T,"E CONTRACTED AMOUJ'l.T ,Ex.$120aO[ALLOCATION] D;\JIOES BY '2 MONTHS [THE LENGTe; OF THE CQNTRACT;=$l,QCO PAYMENT REClUEST} ON A COST REiMSURSE!.AENT CONTRACT Tf-'E PAY1AENT REO'JEST ',",,'ILL Ole ~HE MCNTI-'LY '<EQUEST EXPENSE CHILDREN AND FAMILIES USE ONLY DATE INV, RCD, APPROVED BY: DATE jORG EO OBJ DESC, AM NT, IOCA 36 KG060 1.1",,(1.., l)."....n"".",t"f Children & l'i'lrnflic.s District Tracking Number (for CRITICAL incidents) 11 (District) ---- YEAR Sequence Code Check If CLOSED Proaram Code: AS. DA. DO. ESS. FS. MH. SA EXHIBIT G DISTRICT 11 INCIDENT REPORT (Critical incidents must be reported to District Administrator within 24 hours of notification) CHECK IF CRITICAL 0 CONFIDENTIAL WARNING: The information contained in this report is confidential. You are hereby notified that dissemination, distribution, or copying of this document is strictly prohibited. unless authorized by the Department of Children & Families. I. IDENTIFYING INFORMATION Reporting Party Phone #: Reporting Party Name District Program Area: Specific Program: check all that apply OAMH OAS []ASA OCMH OCSA ODA Doc ODD 0 ESS 0 FS Please respond to one of the following as appropriate. a. Contract Provider Name b. Foster Home Name c. OS Home Name d. DCF Facility Name e. Other Name Is this a licensed facility? 0 Yes 0 No 0 Don't know. Specific location/address where incident occurred: Date of Incident / / --- Time of Incident DCF Unit # II. TYPE OF INCIDENT Check one box only. 1. 0 Abuse/Neglect/Exploitation 2. 0 Aggression/Threat 3. Altercation: OClient/client OClient/staff 0 Staff/staff 4. 0 Baker Act 5. 0 Bomb Threat 6. 0 Client Injury 7. 0 Client Death 8. 0 Contraband 9. 0 Criminal,lktivity 10. D Damage 11. D Drugs 12. 0 Elopement/Runaway 13. D Emergency Room Visit 14. 0 Escape 15. 0 Hospital Admission 16.0 Illness 17.0 Media Coverage 18. 0 Medication Issue 19. 0 Misconduct 20. 0 Physical Aggression 21.0 Self-Injurious Behavior 22. 0 Sabotage 23. 0 Sexual Battery 24. 0 Suicide Attempt 25. 0 Suicide Ideation/Threat 26. 0 Theft 27. 0 Vandalism 28. 0 Other Incidents FIRST Name Birth Date III. PARTICIPANT(S) I WITNESS(ES) (Please check one from each side) Race Gender Client Employee Other Participant Witness Other 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 KG060 LAST Name SS# I I _1_,- _1_1_ _1_1- o o o 37 CONFIDENTIAL _/_/- _/_/- _/_/- o o o o o o o o o o o o o o o o o o IV. DESCRIPTION OF INCIDENT Give Detailed Account - (Who, What, When, Where, Why, How) - Add Pages If Necessary V. CORRECTIVE ACTION AND FOllOW UP Immediate corrective action taken Is follow-up action needed? NoD YESD If yes, specify: 38 KG060 CONFIDENTIAL VI. INDIVIDUALS NOTIFIED EXTERNAL NOTIFICATION Aoencv Notifi,ed Person Contacted Status Date/Time Called Copy Abuse Registry Name Report Accepted 1-800-962-2873 D 0 iD# Yes D NoD Agency for Health Car'. Administration Name: N/A D D Law Enforcement-Department Officer's Name Badge # Case # (if avail) N/A D D Parent/Guardian/ Famiiy Member Name Name: N/A D 0 OtherIPleaseSpec,fy) Name: N/A D 0 Other (pfeaseSpecify) Name: N/A D 0 DCF (for providers only) Name: N/A D 0 VII. REVIEW AND SIGNATURES NAME SIGNATURE TITLE PHONE # DATE REPORTING / / EMPLOYEE SUPERVISOR ~~- DCF INTERNAL NOTIFICATION Individual/Aoencv Notified DatelTime Called Copy Individual/Aaencv Notified Date/Time Called Copy Client Relations 0 0 Employee Safety Program 0 0 District Administrator 0 0 Florida Local Advocacy Committee 0 0 Division Director/ H.R. Workers' Compensation Faciiity Director 0 0 Coordinator (employee related mCldenls only) 0 0 District Legai Counsel 0 0 Program Office/Risk Manager 0 0 OS Support Coordinator/Case 0 0 Others - (Please specify) 0 ,0 Manager I : EEOC 0 Contract Manager 0 10 0 I Public Information Officer 0 0 I 10 10 Missing Children's Unit 1 , 1 , , VIII. DCF REVIEW AND SIGNATURES NAME SIGNATURE TITLE PHONE # DATE , Incident Report _1-1-1 Liaison , Senior Supervisor 1 1 i 39 KG060 ATTACHMENT II 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 OMS 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 OMS Circular A-I33, 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 \\'ith 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 CircLllar A-133, as revised. In the event the recipient expends $500.000 or more in Federal awards during its fiscal year, the recipient must havt: a single or program-specific audit conducted in accordance \vith the provisions of OMS Circular A-133, as revised. In determining the Federal awards expended during its fiscal year, the recipient shall consider cdl ,;ources of Federal Clv..'arcls. including Federal resources received fi'om the Department of Children &: Families. The determination of amounts of Federal awards expended should be in accordance \vith guidelines established by OMB Circular /\'.133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-I33, 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 OMS Circular A-l33, 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 ,:lUdit report package \vith reference to the specific contract number. 02/01/06 40 KG060 PART II: STATE REQUIREMENTS This port is applicable if the recipient is a nanstate entity as detlned 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 10.550 (local governmental entities) or 10.650 (nonprofit and far-protlt organizations), Rules of the Auditor General. 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 does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection \vith 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 ofa financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.55001' 10.650, Rules of the Auditor General. The schedule of expenditures should disclose the expenditures by contract number for ench contract with the department in effect during the audit period. The financial statements should disclose whether or not the matching requirement \vas 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. 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 y'car or within 30 days of the recipient's receipt of the audit repol1, whichever occurs first, directly to each of the following unless otherwise required by Florida Statutes: A. Contract manager for this contract (2 copit:s) Theresa Phelan 1111 1 ih Street, #304 Key West, FL 33040 B. Depa;:1ment of Children & Families Offjcl::~ of the fnspector General, Provider Audit Unit Building 5, Room 237 1317 Winewaad Boulevard Tallahassee. FL 32399-0700 C. Copies of the reporting packages for audits conducted in Clccordal1ce with OMB Circular 1\-133, 35 revised, and required by Part I of this agreement shall be submitted, when required by Section .320(d), OvrB Circular A-133, as revised, by or on behalf of the recipient directlv to the Federal Audit Clearinghouse designated in 0\18 Circular A-] 33, as revised (the number of copies required b) 02/01/06 41 KG060 Seerions .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Auditing Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 120 I East 10'" Street Jeffersonville, IN 47132 and other Federal agencies and pass-through entities in accordanc~ ,vith 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 direetlv to the following address: Auditor General's Office Room 40 I, Pepper Building II I West Madison Street Tallahassee, Florida 32399-1450 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 (non pro tit 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. \A'hen such correspondellce is not available, the date that the audit report package \vas delivered by the auditor to the provider mllst 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 depaliment or its designee, C~hief Financial Officer or Auditor General access to such records upon request. The recipient shall 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 rep0l1 is issued, unless extended in writing by the depmiment. 02/01/06 42 KG060