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06/09/1999 Contract Dannp Jl. !tolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-@27 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY SOO WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: Louie L;tTorre Director of Social Services Ruth Ann Jantzen, Deputy Clerk &tfI. June 23, 1999 FllOM: DATE: On June 9, 1999, the Board of County Commissioners granted approval and authorized execution of a Contract between Monroe County and Florida Deparatment of Children and Families, Contract No. KG-026, for the Community Care for Disabled Adults Program. Enclosed please rmd three duplicate originals executed on behalf of Monroe County. Please be sure that one ruBy exearted copy . returned to thk off'x:e as soon as possible. H you have any questions regarding the above, please do not hesitate to contact this office. cc: County Attorney F'mance Community Services Director, wlo document County Administrator, wlo document File 1/1/99 CFDA No. Client~ Non-Client 0 Multi-DistrictD Grants and Aids XX STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES STANDARD CONTRACT THIS CONTRACT is entered into between the State of Florida, Department of Children and Fam~s, ~rei~e~ferred :z ;.,.. ~ rrl to as the "department," and Monroe County In Home Servlcee ~f'':; lI" n rf1:;:r:,- _ ""T1 ~. """" e on' :;0 hereinafter referrSil:iO' iIiS th~roOliller." -Ic;l f""" I. THE PROVIDER AGREES: ~;-I~ -:: g r- G> C1l :;0 A. Attachment I J;> rn ~ 0 To provide services in accordance with the conditions specified in Attachment I. B. Requirements of Section 287.058, FS To provide units of deliverables, including reports, findings, and drafts, as specified in Attachment I, to be received and accepted by the contract manager prior to payment. To comply with the criteria and the final date by which such criteria must be met for completion of this contract as specified in Section III, Paragraph A. of this contract. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit thereof. Where applicable, to submit bills for any travel expenses in accordance with section 112.061, FS. The department may, if specified in Attachment I, establish rates lower than the maximum provided in section 112.061, FS. To allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, FS, made or received by the provider in conjunction with this contract. It is expressly understood that the provider's refusal to comply with this provision shall constitute an immediate breach of contract. C. Governing Law 1. State of Florida Law a. 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 laws, rules, and ~ulations of the State of Florida. Each party shall perform its obligations herein in accordance with the terms and conditions of the contract. b. . That it understands that the department, the Department of Labor and Employment Security, and the WAGES Program State Board of Directors have jointly implemented WAGES, an initiative to empower recipients in the Temporary ~ssistance To Needy Families Program to enter and remain in gainful employment. Employment of WAGES participants IS a mutually beneficial goal for the provider and the department in that it provides qualified entry level employees needed by many providers and provides substantial savings to the citizens of Florida. 2. Federal Law a. That if this contract 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 as specified in Attachment I. b. Thllt 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, 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 Regardil)g Lobbying form, Attachment~. 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. d.. That unauthorized aliens shall not be employed. The department shall consider the employment of unauthorized . aliens a violation of section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324 a). 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 as supplemented in Department of Labor regulation 41 CFR, Part 60. [45CFR, Part 92] 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, Public Law 103-227. 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 ordar on the responsible entity. This clause is applicable to all approved subcontracts. CF STDCTJF 12/98 1 CONTRACT# K i- 0 2~ 1/1/99 D. Audits, Records, and Records Retention 1. To establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices VIfIich sufficiently and properly reflect all revenues 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 five (5) years after termination of the contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this contract. 3. Upon completion or termination of the contract and at the request of the department, the provider will cooperate with the department to facilitate the duplication and transfer of any said records or documents during the reqUired retention period as specified in Section I, Paragraph 0.2. above. . 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 retained, persons duly authorized by the department and Federal auditors, pursuant to 45 CFR, Part 92.36(i)(10), shall be allowed full access to and the righUo examine any of the provider's contract 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 Attachment I1L- and to ensure that all related party transactions are disclosed to the auditor. 7. To include the aforementioned audit and record keeping requirements in all approved subcontracts and assignments. E. Monitoring by the Department To permit persons duly authorized by the department to inspect any records, papers, documents, facilities, goods, and services onlle provider which are relevant to this contract, and to interview any clients and employees of the provider to assure the department of the satisfactory performance of the terms and conditions of this contract. Following such evaluation the department will deliver to the provider a written report of its findings and will include written recommendations with regard to the provider'S performance of the terms and conditions of this contract. The provider will .correct all noted deficiencies identified by the department within the specified period of time set forth in the recommendations. The provider's failure to correct noted deficiencies may, at the sole and exclusive discretion of the department, result in anyone or'any combination of the following: (1) the provider being deemed in breach or default of thiS contract; (2) the withholding of payments to the provider by the department; and (3) the termination of this contract for cause. F. indemnification NOTE: Paragraph I.F.1. and 2. are not applicable to conllacts executed between state agencies or subdivisions, as defined in subsection 768.28(2), FS. 1. To be liable for and indemnify, defend, and hold the department and all of its officers, agents, and employees harmless from all claims, suits, judgments, or damages, including attorneys' fees and costs, arising out of any act, actions, neglect, or omissions by the provider, its agents, or employees during the performance or operation of this contract or any subsequent modifications thereof, whether direct or indirect, and whether to any person or tangible or intangible property. 2.. That its inability to evaluate its liability or its evaluation of liability shall not excuse the provider's duty to defend and to Indemnify within seven (7) days after notice by the department by certified mail. After the highest appeal taken is exh~u.sted, only an adjudication or judgment specifically finding the provider not liable shall excuse performance of this provIsion. The provider shall pay all costs and fees, including attomeys' fees related to these obligations and their enforcement by the department. The departmenfs failure to notify the provider of a claim shall not release the provider of these duties. The provider shall not be liable for the sole negligent acts of the department. G. Insurance "fo prov.id~ adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times d.u~ng the existence of this contract and any renewal(s) and extension(s) of it. Upon execution of this contract, unless It,IS. a state agency or subdivision as defined by subsection 768.28(2), FS, the provider accepts full responsibility for Ide~tlfylng 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. Upon the execution of this contract, the prOVider shall fumish 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 Attachment I. 2 CONTRACT # t. &-0 2(" 1/1/99 H. Safeguarding Information Not to use or disclose any information conceming a reCipient of services under this contract for any.purpose not in conformity with state regulations and Federal law or regulations (45 CFR, Part 205.50), except upon wntten consent of the recipient, or the responsible parent or guardian when authorized by law. I. Assignments and Subcontracts 1. To neither assi!jln 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 deparlment which shall not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring shall be null and void. . 2. To be responsible for all work performed and all expenses incurred with the project. If the department permits the provider to subcontract all or part of the work contemplated under this contract, including entering into subcontracts with vendors for services and commodities, it is understood by the provider that all such subcontract arrangements shall be evidenced by a written document subject to prior review and comment by the department. Such review of the written subcontract document by the department will be limited to a determination of whether or not subcontracting is permissible, whether the offered subcontractor is acceptable to the department, and the inclusion of applicable terms and conditions of this contract. The provider further agrees that the department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and the provider shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The provider, at its expense, will defend the department against such claims. 3. That the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this contract to another govemmental 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 provide(s obligations, the provider remains responsible for all work performed and all expenses incurred in connection with the contract. In addition, this contract shall bind the successors, asslflns, and legal representatives of the provider and of any legal entity that succeeds to the obligations of the State of Flonda. 4. To make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from the department In accordance with section 287.0585, FS, unless otherwise stated in the contract between the provider and subcontractor. Failure to pay within seven (7) working days will result in a penalty charged against the provider and paid tothe subcontractor in the amount of one-half of one (1) percent of the amount due per day from the expiration of the penod allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. J. Return of Funds To return to the department any overpayments due to uneamed funds or funds disallowed pursuant to the terms 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 shaH repay said overpayment within 40 calendar days without prior notification from the department. In the event that the department first discovers an overpayment has been made, the department will notify the provider by letter of such a finding. Should repayment not be made in a timely manner, the department will charge interest of one (1) percent per month compounded on the outstanding balance after 40 calendar days after the date of notification or discovery. K. Client Risk Prevention and incident Reporting 1. That if. services to clients will 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 prescnbed. in C~OP 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 Florida Abuse Hotline on the statewide toll-free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415, FS, this is binding upon both the provider and its employees. L. Transportation Disadvantaged To comply with the provisions of Chapter 427, FS, and Chapter 41-2, FAC, if clients are to be transported under this contract. The provider shall submit to the department the reports required pursuant to Volume 10, Chapter 27, DCF Accounting Procedures Manual. M. Purchasing . 1. ~o purchase articles which. are the subject of or are required to carry out this contract from Prison Rehabilitative Industnes and Diversified Enterpnses, Inc., (PRIDE) identified under Chapter 946, FS, in the same manner and under the procedures set forth in subsections 946.515(2) and (4), FS. For purposes of this contract, the provider shall be deemed to.be substltute.d for the department insofar as dealings with PRIDE. This clause is not applicable to subcontractors unless othelWlse required by law. An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE, (850) 487-3774. 2. To procure any p.r~ducts 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, FS. 3 CONTRACT # /( (,{) 26 1/1/99 N. Civil Rights Requirements 1. Not to discriminate against any employee in the performance of this contract, or agaiflst any applicant for employment, because of age, race, creed, color, disability, national origin, or sex. The provider further assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services or benefits to pa~icipants or employees in connection with any of its programs and aclivilies are not discriminating against those participants or employees because of age, race, creed, color, disability, national origin, or sex. This is binding upon the provider employing fifteen (15) or more individuals. 2. To complete the Civil Rights Compliance Questionnaire, HRS Forms 946 A and B, in accorclancE! with HRSM 220-2. This is applicable if services are directly provided to clients and if 15 or more individuals are employed. O. Independent Capacity of the Contractor 1. To be solely liable for the performance of all tasks contemplated by this contract which are not the exclusive responsibility of the department. 2. To act in the capacity of an independent contractor and not as an officer, employee, or agent of the State of Florida, except where the provider is a state agency. The provider shall no.t represent to others that it has the authority to bind the department unless specifically authorized in writing to do so. In addition to the provider, this is also applicable to the provider's officers, agents, employees, subcontractors, or assignees, in performance of this contract. 3. Except where the provider is a state agency, neither the provider, its officers, agents, employees, subcontractors, nor assignees are entitled to state retirement or state leave benefits, or to any other compensation of state employment as a result of performing the duties and obligations of this contract. 4.. 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. 5. The department will not fumish services of support (e.g., office space, office supplies, telephone service, secretarial or clencal support) to the provider, or its subcontractor or assignee, unless justified by the provider and agreed to in advance by the department in Attachment I. 6. 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 responsibility of the provider. P. Sponsorship . . As requir~d by section 286.25, FS, if the provider is a nongovemmental organization which sponsors a program financed wholly <;lr In part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or desc,"!bmg t1ie sQonsorship of the program state: "Sponsored by (provider's name) and the State of Flonda, Department of 9hlldren and Families.' If the sponsorship reference is in written material, the words "State of Florida, Department of Children and Families" shall appear in the same size lelters or type as the name of the organization. Q. Final Invoice To submit the final invoice for payment to the department no more than ~ 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, FS, 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 287.133, FS, the following restrictions are placed on the ability of persons convicted of public entity cnme~ to transact business with the department When a person or affiliate has been placed on the convicted vendor list follOWing a convi~ion 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 wor~ 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, FS, for CATEGORY TWO for a periOd of 36 months from the date of being placed on the convicted vendor list. T. Patents, Copyrights, and Royalties 1:. If any discovery or invention arises or is developed in the course or as a result of work or services performed under thiS contract, or m 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 Flonda. Any and all patent rights accruing under or in connection with the performance of this contract are hereby reserved to the State of Florida. 4 CONTRACT # !< G- d 2" 1/1/99 2. In the event that any books, manuals, films, or other copyrightable materials are produced, the provider shall notify the Department of State. Any and all copyrights accruing under or in connection with the performance under this contract are hereby reserved to the State of Florida. 3. The provider, without exception, shall indemnify and save hanDless the State of Florida and its employees from liability of any nature or kind, including cost and expenses for or on acmunt of any copyrighted, patented. or unpatented invention, process, or article manufactured by the provider. The provirler has no liability when such claim is solely. and exclusively due to the Department of State's alteration of the article. The State of Florida will provide prompt wntten notification of 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 of State, the right to continue use of, replace, or modify the article to render it non-infringing. If the provider uses any design, device, or malerials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. U. Requirements of Section 20.19, F.S. That the department shall file a lien against the property where facilities are located which have been constructed or substantially renovated, in whole or in part, through the use of state funds. However, the department is not required to file a lien if the amount of state funds does not exceed $25,000 or 10 percent of the contract amount, whichever amount IS less. As a condition of receipt of state funding for this purpose, the provider agrees 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. II. THE DEPARTMENT AGREES: A. Contract Amount To pay for contracted services according to the conditions of Attachment I in an amount not to exceed 5111.713.30 , subject to the availability of funds. The State of Florida's performance and obligation 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 215.422, FS,' the department has five (5) working days to inspect and approve goods and services, unless the bid specifications, purchase order, or this contract specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 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 Comptroller pursuant to section 55.03, FS, Will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, contact the district fiscal office/contract administrator. Payments to health care providers for hospital, medical, or other health care services, shall be made no~ more than 35 days from the date eligibility for payment is determined. Financial penalties will be calculated at the dally Interest rate of .03333%. Invoices returned to a vendor due to preparation errors will result in a payment delay. Interest penalties less than one dollar will not be enforced unless the vendor requests payment. C. Vendor Ombudsman A Vendor. Ombudsman has been established within the Department of Banking and Finance. The duties of this IndiVidual rnclude acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or 1-800-848-3792, the State of Flonda Comptroller's Hotline. III. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE: A. Effective and Ending Dates This contract shall begin on July 1, 1999 or 011 the date on which the contract has been signed by both parties, whichever is later. It shall end on June 3D, 2000 B. Termination: At Will, Because of Lack of Funds, or For Breach or Failure to Satlsfactorlty Perfonn Prior Agreement 1. .. This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in wrltrng to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. In the event funds to finance this contract become unavalable, the department may terminate the contract upon no less than twenty-four (24) hours notice in writing to the provider. Sail notice shall be delivered by certified mail, return receIpt requested, or in person with proof of delivery. The department shaH 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 satlsfactonly completed prior to notification of termination. 5 CONTRACT # K 8-'&26 1/1/99 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 provisions in Chapter 60A-1.006 (3), FAC. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract The provisions herein do not limit the departmenfs right to remedies at law or in equity. 4. Failure to have performed any contractual obligations with the department in a maMer satisfactory to the department will be a sufficient cause for termination. To be lerminated 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. C. Renegotiation or Modification Modifications of provisions of this contract shall only be valid when they have b~en reduced to writing and duly sjgned by. both parties. Tlie rate of payment and the totaf dollar amount may be ii1dJusted retroactivelv Rl r:!lflect pnfe level increases and. chalJJJes .in the rate of payment wh~n these have been established through the appfopriatlons process and subsequently IOentlffeO In the departmenfs operating budget D. Official Payee and Representatives (Names, Addresses, and Telephone Numbers): 1. The provider name, as shown on.page 1 of this 3. The name, address, and telephone number of the chon tract, and mailinQ address of the official payee to whom contract manager for the department for this contract is: t e payment shall be made is: Monroe County In Home Services 5100 ColleQe Road Key West. FL 33040 Theresa Phelan Department of Children and Families 1111 12th Street #301 Key West, FL 33040 305/292-6810 2. The name of the contact person and street address 4. The name, address, and telephone number of the where financial and administrative records are maintained representative of the provider responsible for is: administration of the program under this contract is: Deloris Simpson Deloris Simpson Monroe County In Home Services Monroe County In Home Services 5100 ColleQe Road 5100 ColleQe Road. Key West, FL 33040 Key West. FL 33040 305/292-4588 5. .Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in wntlng to the other party and the notification attached to the originals of this contract. E. All Terms and Conditions Included This contract and its attachments as referenced I, II, II and Exhibits A, B & C co~tain 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 the contract is found to be Illegal or unenforceable, the remainder of the contract shall remain in full force and effect and such term or provision shall be stricken. The parties have read the entire co 've of all Its attachments, as referenced in Paragraph III.E. above, and understand each section an. ' .,. !ph, , ~~~~t,Na~Sd~;~~~~~~d~he pa . ,I', "~',. ,~~e caJed this ~ page contract to be executed by their undersigned PROVIDER: (SEAL) ':....,. .',. . STATE OF FLORIDA ATTfsr: i'~~"..k.;. Monroe C.oun In Home Service .'~ ~~ ,Cl DEPARTMENT OF CHILDREN A D FAMILIES "t" "'" 8 .' '. SIGNED BY: . NAME: Wilhelmina Harvev TITLE: Mavor ,.~~ . a" ~ ..- ~\ . _' ~- ~ t IGNED BY: NAME: '(- TITLE: DATE: .... . . . . . ~: . : . '0 . >~ ,.~ >)::>> Sara B. Herald ~1~t"- DATE: I -;;J.../- 99 STATE AGENCY 29 DIGIT SAMAS CODE: Federal EID # (or SSN): F596000749029 APPROVED AS TO FORM AND GAL SUFFle Provider Fiscal Year Ending Date:....QL/.2L Arl'RUVW AS TO FORM AND LEGAL SUFFICIENCY ..~,,;,.~,~~~sel 6 CONTRACT # KG-D'2.<O 07/01/99 Community Care 'vr Disabled Adults Fixed Price Adult Services /< if- 0 2 0 ATTACHMENT I A. Services to be Provided The provider's approved application or program proposal for Community Care for Disabled Adults Funds is incorporated herein by reference. In the event of a conflict between the approved application or program proposal and this Attachment I, the provisions of this Attachment I will prevail. 1. Definition of Terms a. Contract Terms (1) State Fiscal Year - July 1 st through June 30th. (2) Invoice - A standardized form utilized by the provider to request payment on a monthly basis. (3) Exhibit - An attachment to an Attachment I or any other contract attachment. (4) Fixed Price - Method of payment used when the provider is paid a pre-determined price for each unit of service delivered. (S) Rate Contracts - A contract between the department and an individual or an organization that establishes a rate of payment for a specified unit of service. b. Program or Service Specific Terms (1) Activities of Daily Living (ADL's) - basic activities performed in the course of daily living, such as dressing, bathing, grooming, eating, toileting, and ambulating around one's own home. (2) Community Care for Disabled Adults (CCDA) Program - a program designed to assist disabled adults 18 through S9 years of age in utilizing available community and personal resources to help them remain in their homes and prevent their premature or inappropriate institutionalization. These adults must have one or more permanent physical or menta1limitations that restrict their ability to perform normal activities of daily living as determined by an initial functional assessment and documentation of disability . (3) Contract Manager - an individual designated by the contract signer to be responsible for the success of the contract in addition to his other duties. Revised 5/24/99 7 GA08 07/01/99 Community Care tIll' Disabled Adults Fixed Price Adult Services (4) Medicaid Institutional Care Program - Medicaid eligible indiviquals determined eligible for a nursing home level of care are provided primary, acute and long-term care services at capitated federally-matched arrangements. (5) See the INSTRUCTIONAL GUIDE, SECTION D, Glossary of Approved Community Care for Disabled Adults Services, or those terms as specified in HRSM 140-8, CCDA Program Manual, Appendix B, both incorporated herein by reference. 2. General Description a. General Statement Service providers will ensure that appropriate community-based services (duration, frequency, scope per the client's care plan and the HRSM 140-8, CCDA Program Manual) are provided to clients in a manner developed 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 410.601-606, Florida Statutes (F.S.), Chapter 65C-2, Florida Administrative Code (F.A.C.), and the annual appropriations act with any proviso 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 aged 18 through 59 years in Monroe County . d. Major Program Goal The provision of community-based services through this contract are to prevent unnecessary institutionalization of disabled adults. 3. Clients to be Served a. General Description Adults with disabilities, 18 through 59 years of age, no longer eligible to receive children's services, yet too young to qualifY for community and home based services to the elderly. Revised 5/24/99 8 GA08 07/01/99 Community Care lor Disabled Adults Fixed Price Adult Services b. Client Eligibility (1) Must be 18 through 59 years of age. (2) Must have one or more permanent physical or mental limitations which restrict the ability to perform normal activities of daily living as determined through the initial functional assessment and medical documentation of disability. Disability, per HRSM 140-8, CCDA Program Manual, must be established in one of two ways: a) the case manager may see a check, awards letter, or other evidence which proves that the applicant receives Social Security Disability or some other disability payment (e.g. Worker's Compensation); or, b) the applicant may have a written statement from a licensed physician, licensed nurse practitioner, or a mental health professional which meets the district's criteria as evidence of the applicant's disability. This statement must, at minimum, include the applicant's diagnosis, prognosis, a broad statement about the applicant's level of functioning, and the author's interpretation of need for this program's services based on identified functional barriers caused by the applicant's disabling condition. (3) Applicant must have an individual income at or below the prevailing Medicaid Institutional Care Program (ICP) eligibility standard in order to receive non-fee assessed CCDA services. Clients with incomes above the ICP standard will be assessed for a share of the costs, or may be required to provide volunteer services in lieu of payment. (4) Applicants for Community Care for Disabled Adults services will be assessed for eligibility and prioritized for services by district or provider case management staff in accordance with subsection 410.604 (2), F.S. c. Client Determination (1) Client must not be receiving comparable services from any other entity in order to prevent duplication of effort. (2) Documentation must be contained in the client's file that all comparable existing community services and funding sources have been explored and exhausted. (3) Determination of eligibility for this program will remain with the department. (4) Should a dispute over eligibility determination arise, final determination will be made by the department's contract manager. Revised 5/24/99 9 GA08 07/01/99 Community Care for Disabled Adults Fixed Price Adult Services 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 annual general revenue portion of a Medicaid nursing home bed within the district area. (2) The provider shall deliver services only to those persons who meet program eligibility criteria and only to the extent the funds are available. B. Manner of Service Provision 1. Service Tasks a. Task List (1) This contract will render the following checked [X] Community Care for Disabled Adults services: [ ]Adult Day Care [X]Personal Care [X]Homemaker [ ]Interpreter [X]Chore [ ]Escort [X]Case Management [ ]Home Health Aide [ ]Home Nursing [ ]Transportation [X]Respite [ ]Emergency Alert Response [ ]Group Activity Therapy [X]Home Delivered Meals [ ]Medical Therapeutic Services [ ]Physical and Mental Exams [X]Medical Equipment/Supplies (2) A description and minimum requirements for scope of service for each of these services may be found in the INSTRUCTIONAL GUIDE, SECTION D, or as specified in HRSM 140-8, CCDA Program Manual, both incorporated herein by reference. The provider may render additional services, as found in Section D of the INSTRUCTIONAL GUIDE and as specified in HRSM 140-8, by submitting a written request, accompanied by a budget revision, to the department contract manager. b. Task Limits (1) Each district Community Care for Disabled Adults program shall include case management services and at least one other community service. (2) Respite care may be provided for up to 240 hours per consumer per calendar year depending upon individual need. The service may be extended up to 360 hours as recommended by the case manager with documented approval placed in the case narrative by their immediate supervisor. Revised 5/24/99 10 GAOS 07/01199 Community Care for Disabled Adults Fixed Price Adult Services (3) Personal Care services will not subStitute for the care usually provided by a registered or practical nurse, therapist, or home health aide. The personal care aide WILL NOT change sterile dressings, irrigate body cavities, administer medications, or perform any other activities prohibited by Chapter 59A-8, F.A.C. (4) Homemaker service time DOES NOT include time spent in transit to and from the client's place of residence except when providing shopping assistance, performing errands or other tasks on behalf of the client. The following restrictions apply to persons providing homemaker activities: must NOT engage in work that is not specified in the homemaker assignment; must NOT accept gifts from clients; must NOT lend or borrow money or articles from clients; must NOT handle money unless authorized in their personnel file by a supervisor or case manager AND unless bonded or insured by employer; and, must NOT transport the client unless authorized by a supervisor or case manager. (5) The parameters of service delivery, by service, are detailed in the INSTRUCTIONAL GUIDE, SECTION D, or as specified in HRSM 140-8, CCDA Program Manual, both incorporated herein by reference. 2. Staffing Requirements a. Staffing Levels (I) The provider will notify the department within thirty days whenever the provider is unable, or appears to be unable, to provide the required quality or quantity of service due to staffing inadequacies. (2) The provider will meet the minimum staffing requirements per service definition as found in the INSTRUCTIONAL GUIDE, SECTION D, or as specified in HRSM 140- 8, CCDA Program Manual, both incorporated herein by reference. b. Professional Qualification See the INSTRUCTIONAL GUIDE, SECTION D, or as specified in HRSM 140-8, CCDA Program Manual, both incorporated herein by reference. c. Staffing Changes The provider agrees to notify the department's contract manager within two working days if an administrative position (e.g., executive director, contract contact person, or project director) becomes vacant. Planned staffmg changes which may affect program objectives, as stipulated in this contract, must be presented in writing to the contract manager for approval at least two weeks prior to the implementation of the change. Revised 5/24/99 II GAOS Community Care for Disabled Adults Fixed Price Adult Services 07/01/99 d. Subcontractors The provider must monitor the subcontractor once (on-site) during the contract period and provide the requested technical assistance to all subcontractors as needed. Copies of reports of those monitoring visits will be submitted to the department in a format and within the time frames set and approved by the department. The provider must monitor all subcontracts at least once during the contract period. 3. Service Location & Equipment a. Service Delivery Location and Time (I) 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 Community Care for Disabled Adults consumers, 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 the INSTRUCTIONAL GUIDE, SECTION D, or as specified in HRSM 140-8, CCDA Program Manual, both incorporated herein by reference. (4) Services for this contract will be delivered at the following location(s) and times: SERVICE Case Management Personal Care Homemaking Home Delivered Meals Chore Service Respite Medical Equipment/Supplies LOCATION Client's Home Client's Home Client's Home Client's Home Client's Home Client's Home Client's Home b. Changes in Location TIMES As Needed As Needed As Needed As Needed As Needed As Needed As Needed Location of service delivery must be negoliated and must be included in either the provider's Application or in the Attachment I. Once the service delivery location is agreed upon, any proposed change must be presented in writing to the contract manager for approval prior to implementation of that proposed change. In the event of an emergency, temporary changes in location may necessitate waiver by the district program office of this designated standard. Such a waiver will take into consideration the continuity, safety and welfare of the department's clients, and is in the department's sole discretion. Revised 5/24199 12 GA08 07/01199 Community Care lur Disabled Adults Fixed Price Adult Services c. Equipment (1) The equipment required to perform the contracted services must be agreed upon by the provider and department during the negotiation process. Any changes to that negotiated request must be presented in writing to the contract manager for approval 10 days prior to implementation of the proposed change. This is to ensure uniformity, safety, and quality of service to the department's clients. (2) All equipment acquired under this contract must be inventoried annually by the provider and such inventory made available within seven days upon provider receipt of written request by the contract manager. 4. Ueliverables a. Service Units A service unit is an appropriate, distinct amount of a given service. It may include, but is not limited to: an hour or quarter hour of direct service delivery; a meal; an episode of travel; or, a 24 hour period of Emergency Alert Response maintenance; Each Community Care for Disabled Adults service unit is defined in the INSTRUCTIONAL GUIDE, SECTION D, or as specified in HRSM 140-8, CCDA Program Manual, both incorporated herein by reference. b. Reports (1) Reporting will be as set forth in Community Care for Disabled Adults Policy Clearance No. 009 in the INSTRUCTIONAL GUIDE, SECTION A, which provides information on the forms to be submitted in accordance with policy, and HRSM 140- 8, CCDA Program Manual, all incorporated herein by reference. (2) Reporting requirements for this fixed price contract include Monthly Summary Reports and Quarterly Cumulative Summary Reports. Monthly Summary Reports are due once a month from the provider to the district office, as negotiated. Quarterly Cumulative Summary Reports (3 Month Cumulative Summary Reports due October 30th, 6 Month Cumulative Summary Reports due February 15th, 9 Month Cumulative Summary Reports due April 30th, and 12 Month Cumulative Summary Reports due August 15th) are also required of the provider. (3) The provider of case management services agrees to submit to the department management program data including client identifiable data in accordance with negotiated instructions provided by the department. Revised 5/24/99 13 GA08 07/01/99 Community Care for Disabled Adults Fixed Price Adult Services (4) The provider agrees to submit to the department contract manager an original signed Security Agreement Form (CF-114) (Exhibit A) for all required personnel no later than thirty (30) days following the execution of the contract or thirty (30) days from the date of employment. All personnel who require access to sensitive data must sign the Security Agreement Form prior to receiving access to the data. c. Records and Documentation (I) The contents of the client file are: a completed client assessment not more than one year old; a care plan not more than one year old;. a release of information form; a copy of a completed Client Information System (CIS) form; documentation of the client's age; disability and income; a copy of the referral/intake form; and, a case narrative section. (2) A final report will be submitted to the department by the provider within forty (40) days after the contract ends or is tenninated. This report is to be completed on the form supplied by the department, identifying total units of service and total payment received. In the event of an overpayment resulting from revised units of service for the contract period being reported, these monies must be returned to the Department with the final report. (3) The provider must maintain a current record on each individual in the program including: current documentation of eligibility for services; identifying information about the recipient and need to receive the service; service delivery date; and all other forms or records necessary for program operation and reporting as set forth in HRSM 140-8, CCDA Program Manual. This must track to each invoice for payment. (4) Documentation must be contained in the client's file that all comparable existing community services and funding sources have been explored and exhausted. (5) Maintain records documenting the clients by name or unique identifier, to whom services are provided, the number of units provided and the dates of service provision, which must match the invoice for payment. (6) Resolution offmal questions regarding records will be the department's responsibility. (7) The provider must maintain documentation necessary to facilitate monitoring and evaluation by the department as described in paragraph B.5.c. Revised 5/24/99 14 GAGS 07/01/99 Community Care tu,' Disabled Adults Fixed Price Adult Services 5. Performance Specifications a. Outcomes and Outputs (performance Measures) (1) 99 % of individuals served will not be placed in a nursing home. (2) 50 eligible individuals will be served through this contract, (3) Providers of home and community-based services shall conduct individual satisfaction surveys on a negotiated random sampling of the clients they are serving with CCDA services, using the survey instrument developed by the department's Office of Standards and Evaluation, Surveys will be delivered in a number that will ensure a 35% client response. The provider must achieve a 95% client satisfaction with services received. . b. Standards Definitions (I) "individuals served" - refers to clients who received case management or any of the other services offered and funded through the Community Care for Disabled Adults program during the fiscal year being evaluated. (2) "eligible individuals" - refers to those individuals who meet client eligibility criteria under paragraph A.3.b. of this attachment. (3) "placed" - refers to the act of assessing an individual no longer able to remain in their present place of residence and preparation for and follow-up of moving that individual into a more restrictive alternative living environment. (4) "nursing home" - refers to any facility licensed under Chapter 400, F.S., which provides services or acts as may be rendered, directly or indirectly, to and in behalf of a person by individuals licensed in this state to perform selected acts, including the administration of treatments and medications, in the care of the ill, injured, or infirm and the promotion of wellness, maintenance of health, and prevention of illness of others. (5) "will be served" - refers to those identified, eligible individuals who will receive case management or a negotiated service of this contract. c. Monitoring and Evaluation Methodology (1) 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 below. If the provider fails to meet these standards, Revised 5/24/99 15 GA08 07/01/99 Community Care tor Disabled Adults Fixed Price Adult Services the department, at its exclusive option, may allow up to six monUJs 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 will terminate 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. (2) The department reserves the right to monitor on-site without prior announcement to the provider. Monitoring shall generally be conducted as set forth in EIhibit C. (3) District II's Office of Contract Compliance ("Contract Compliance'') may select to perform an on-site administrative and programmatic monitoring during the contract period. At a minimum, an annual desk review will be performed which will be accomplished by a combination of the review of reports or other documentation submitted by the provider, input from service recipients and others and visits to the site of service delivery for programmatic review. For on-site monitoring, a random discovery sample of open and closed files will be taken for review. This sample may be increased to a random statistical sample depending on the results of our review. The number of files reviewed will be contingent upon the population size of the services rendered. To facilitate the sampling process, upon Contract Compliance's request, the provider shall submit a universal events listing of all services provided under the contract prior to the monitoring. Detailed instructions will be provided prior to the monitoring visit. A report outlining the department's fmdings during the on-site monitoring will be submitted to the provider within 30 days of concluding filed work with an exit conference. The provider agrees to respond and submit a corrective action plan, if necessary, within 30 days of receiving the department's monitoring report. (4) The performance standard in paragraph B.5.a.(I), above, will be measured by determining the ratio of the number of persons served to the number of persons placed in a nursing home during the contract period. (5) The performance standard in paragraph B.5.a(3), above, will be performed by the provider. Survey forms will be hand delivered with a self- addressed, stamped return envelope to each client to be surveyed. Those clients requiring special assistance to complete the survey, are permitted to seek such assistance from a friend or family member. Clients may not receive such assistance from the contracted provider staff. CCDA case managers (both contracted and departmental) are to give the clients the instructional guide directions necessary to complete and return the survey form. Revised 5/24/99 16 GA08 07/01/99 Community Care for Disabled Adults Fixed Price Adult Services (6) The performance standard in paragraph B.5.a.(3), above, will be applied only to the percentage of completed satisfaction surveys received by the provider. Providers are to leave the completed, returned surveys sealed, and in a negotiated place for case manager retrieval. Case managers are to collect all completed, sealed surveys and return them to the district office where district program specialists for the CCDA program will rate and score survey results to determine each provider's percentage of measure achieved. The rating process of this standard will be the rating process established by the Office of Standards and Evaluation for this instrument and will be completed by the district office program representative for the CCDA program. d. Performance Definitions The contract period is defined as July I, 1999 through June 30, 2000. 6. Provider Responsibilities a. Provider Unique Activities In addition to the approved application or program proposal, the provider will be required to use volunteers to the fullest extent feasible in the provision of services and program operations, and train, supervise, and appropriately support those volunteers with insurance coverage. b. Coordination With Other ProviderslEntities (I) The case management provider must coordinate as necessary with the Vocational Rehabilitation Division of the Department of Labor and Employment Securities, the Developmental Services Office of the Department of Children and Families, the Department of Education, the Department of Health, and the Human Rights Advocacy Committee serving those clients who are eligible for services through two or more service delivery continuums. (2) All providers must comply with local environmental health and fire authorities' annual inspections. 7. Departmental Responsibilities a. Department Obligations (I) The department will supply all new providers with a copy of: HRSM 140-8, CCDA Program Manual; Policy Clearance 009; and, the INSTRUCTIONAL GUIDE. Revised 5/24/99 17 GAOS 07/01/99 Community Care for Disabled Adults Fixed Price Adult Services (2) The department will provide Comnnmity Care for Disabled Adtdts technical assistance to the provider, relative In the negotiated terms of this contract and supply providers with instructions for submission of required data. b. Department Determinations Should a dispute arise, the department will make the final determination as to whether or not the contract terms are being fulfilled according to the contract specifications. C. Method of Payment I. This is a Fixed Price contract. 2. The total dollar amount of this contract is $11 1,713.30. The department shall make payment to the provider for a dollar amount not to exceed $111,713.00, which is 90% of the total cost, and . only subject to the availability of funds. 3. The department shall make payment to the provider for provision of services up to a maximum number of units of service and at the rates stated below: Service Unit Unit Rate Max. # Units Max.# Measure to be Clients Delivered to be Served Case Management One Hour $45.7533 825 50 Homemaking One Hour $25.3532 1300 30 . Home Delivered Meals .. One Meal $3.2912 9400 40 Personal Care One Hour $23.5613 320 20 Chore . One Hour $23.0046 110 20 Medical Equipment/Supplies N/A N/A $1,426.94 2 Respite One Hour $20.7199 195 2 The provider may render additional services, as found in Section D of the INSTRUCTIONAL GUIDE and as specified in HRSM 140-8, by submitting a written request, accompanied by a budget revision, to the department contract manager. 4. The provider shall request payment through SlIbmission of a properly completed invoice (Exhibit B) within 15 days following the completion of all terms and conditions for the delivery of service under this contract. If the provider fails to do so, all right to payment is Revised 5/24/99 II GAOS 07101199 Community Care for Disabled Adults Fixed Price Adult Services forfeited, and the department will not honor any requests submitted after the aforesaid time period. Payment due under this contract will be withheld until the final product has been approved by the department. Replication of the form via data processing equipment is permissible; replications must include all data elements included on the departmental form. 5. The provider shall submit to the contract manager an original invoice, Exhibit B, along with supporting documentation, for payment on a monthly basis. The due date for these invoices is the 15th day of the month following the month being reported. 6. The provider's dollar match for this contract is $12,412.59. Case management and/or ttansportation services may be exempt from match requirement at the discretion of each district. 7. 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 tho provider as a part of this contract and any adjustments thereto. 8. The provider must maintain records documenting the clients, by name or unique identifier, to whom services are provided, the number of units provided and the dates of service provision. The records must track to each invoice for payment. Requests for payment which cannot be documented with supporting evidence will be returned to the provider upon inspection by the department. D. Special Provisions 1. State Laws and Regulations a. The provider will comply with the applicable provisions of Chapter 410, F .S. b. The provider will comply with theapplicable provisions of Chapter 65C-2, F.A.C. c. The provider will comply with the applicable provisions ofHRSM 140-8, CCDA Program Manual, and any other applicable guidelines or criteria established by the department. 2. Fees a. The provider will collect fees for services provided according to 65C-2.007, F.A.C. b. No fees shall be assessed other than those set by the department. Fees collected in compliance with departmental directives will be disposed of in a manner prescribed by the department. Revised 5/24/99 19 GA08 07/01/99 Community Care for Disabled Adults Fixed Price Adult Services 3. Human Rights Advocacy Committee Clause The provider agrees to allow properly identified members of the HRAC access to the facility and/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 402.1 65(8Xa) and (b),F.S. Members of the committee shall be free to examine all records pertaining to any case unless legal prohibition exists to prevent disclosure of those records. 4. The provider agrees that any donations received will be used to enhance or expand program activities. 5. In accordance with HRS Regulation 0-221-1, Civil Rights, Accessibility of Meetings to Handicapped Persons, any meeting, conference, workshop, hearing, training session, seminar or other similar functions sponsored by this department, either as sole sponsor or in conjunction with other agencies, whether such functions are open to the public, designed for department staff, or limited by invitation, must be scheduled in an accessible facility. This includes any . training done through contracts. 6. The department may renegotiate the contract with the provider if service utilization falls below 90 percent. 7. Information Technology Resources. All contract providers must adhere to the department's procedures and standards when purchasing Information Technology Resources (ITR) as part of this contract if these resources will revert to the department at the conclusion of the contract. ITR are data processing hardware, services, supplies, maintenance, training, personnel and facilities. The provider agrees to secure prior written approval through the contract manager from the district Management Systems director for the purchase of any ITR. The provider will not be reimbursed for any purchases made prior to this written approval. 8. Venue for any court action pertaining to this contract shall be Monroe County. 9: The provider will make available to Children and Families District XI zip code data on where their service recipients reside as well as certain other client identifYing information as requested. This information will be used to fucilitate department impact zone planning. 10. Provider proposal is hereby incorporated by reference for programmatic assurance of service provision. This proposal will be part of the contract manager's file. II. Funds provided by the Department under this contract shall not be used by Not For Profit . Corporations to make loans to their employees, officers, directors and/or subcontractors. Violation of this provision shall be considered a breach of contract, the termination of this contract shall be in accordance with the Standard Contract, Section III, Paragraph 8, subsection 3. A loan is defined as any advancement of money for which the repayment period extends beyond the next scheduled pay period. Revised 5/24/99 20 GAOS 07/01199 Community Care tor Disabled Adults Fixed Price Adult Services 12. MORALS CLAUSE The Provider understands that performance under this contract involves the expenditure of public funds from both the state and federal governments, and that the acceptance of such funds obligates the Provider to perform its services in accordance with the highest standards of ethical and moral conduct. Public funds may not be used for purposes of lobbying, or for political contributions, or for any expense related to such activities, pursuant to Section I R of the Standard Contract of this contract. The Provider understands that the Department is a public agency which is mandated to conduct business in the sunshine, pursuant to Florida Law, and that all issues relating to the business of the Department and the Provider are public record and subject to full disclosure. The Provider understands that attempting to exercise undue influence on the Department and its employees to allow deviation or variance from the terms of this contract other than negotiated, publicly disclosed amendment, is prohibited by the State of Florida, pursuant to Section III C of the Standard Contract. The Provider's conduct is subject to all state and federal laws governing the conduct of entities engaged in the business of providing services to government. 13. YEAR 2000 COMPLIANCE WARRANTY (EXISTING HARDWARE AND SOFTWARE) The Provider shall warrant that their existing hardware and software shall not experience abnormal ending and/or produce invalid or incorrect results in the operation of the business of the State after the turn of the century. In the event of any recognition, calculation, or indication of century problems related to the Year 2000, the Provider shall warrant that they will make all code adjustments necessary at no cost to the State in order to ensure that the code and databases are "Year 2000 Compliant". The warranty shall be in effect until December 31, 2000 or one year after system reconfiguration, which ever is later. Year 2000 compliant: "Year 2000 compliance" means that information resources meet the following criteria and/or perform as described. I. Data structures (databases, data filed, etc.) provide 4-digit data century recognition. Example: "1996" provides "data century recognition", "96 does not. 2. Stored data contains date century recognition, including, but not limited to, data stored in databases and hardware/device internal system dates. 3. Calculations and program logic accornmodate both same century and multi-century formulas and data values. Calculations and logic include, but are not limited to, sort algorithms, calendar generations, event recognition, and all processing actions that use or produce data values. 4. Interfaces (to and from other systems or organization) prevent non-compliant dates and data from entering or exiting any state system. 5. User interfaces-CLeo screens, reports, etc.) accurately show 4-digit years (if critical to business functions.) 6. Year 2000 is correctly treated as a leap year within all calculation and calendar logic. Revised 5/24/99 21 GA08 07/01/99 Community Care for Disabled Adults Fixed Priee Adult Services 14. YEAR 2000 COMPLIANCE WARRANTY (NEW HARDWARE AND SOFTWARE PURCHASES) For purposes of this Year 2000 warranty, the term "Product" shall include software, firmware, microcode, hardware and embedded chip technology. Provider warrants that the Product is Year 2000 Compliant. All versions of the Product offered by the Provider and purchased by the State, for which Provider is obligated to provide maintenance service are, and in the future, will be, Year 2000 Compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1,2000, including accepting date input, providing date output, and processing dates; function before, during and after January 1,2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan. 1,2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year . date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. The duration of this warranty and the remedies available to the State for breach of this warranty shall be defined in, and subject to, the terms and limitations of any general warranty provisions of this contract, provided that notwithstanding any provision to the contrary in such warranty provision(s), or in the absence of any such warranty provision(s), defects in the Product with regard to Year 2000 Compliance, if any, will be corrected by Provider at Provider's cost within a timeframe mutually agreed upon with the State. Provider cannot be held responsible for errors resulting from devices or systems extema1 to this contract which are permitted to directly access any database provided under this Agreement and overwrite Product date fields or from the users improper integration of non- Year 2000 Compliant systems. Nothing in this warranty shall be construed to limit any rights or remedies the State may otherwise have under this contract with respect to defects other than Year 2000 performance. 15. YEAR 2000 REMEDY CLAUSE In the event of any decrease in product functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Providers or Licensors products, agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge 10 the licensee, and without intemlption to the ongoing business of the licensee, time being of the essence. 16. RESELLERS All products bid under this bid/contract will be Year 2000 compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1,2000, including accepting date input, providing date output, and processing dates; function before, during and after January I, 2000, without the need for Revised 5/24/99 22 GA08 07/01199 Community Care for Disabled Adults Fixed Price Adult Services program changes caused by the advent of the new century; properly handle all date related information before and following Jan. 1,2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. Resellers may provide a "pass through warranty" from the manufacturer/software developer, which meets all the warranty requirements by the State, and which shall include all other warranties provided by the manufacturer or software developer. Reseller shall be responsible for warranty assurance, assistance, enforcement and any other actions or remediation, required to satisfy warranty requirements. 17. EMERGENCY PLAN The provider shall be responsible for the care, maintenance and, if necessary, the relocation of clients during any natural disaster or period of civil unrest. The provider shall submit its emergency plan to the Department for approval at the time of submission of the agency's . proposal and must be updated on a yearly basis. In case of evacuation, the emergency plan must identify the method of evacuation, the address of the emergency or shelter facility to be utilized and the method of notification of the Department of the evacuation. 18. INCIDENT REPORT All providers will be required to document reportable incidents, as set forth in HSRS 215-6, paragraph 3, in the following manner: a. The provider must fill out an incident report for each incident occurring during the administration of its program. b. A copy of the incident report must be placed in a central file marked "Incident Reports," a copy also must be placed in the client file for every client involved in the incident and/or in the personnel file of every employee involved in the incident. The provider must immediately forward a copy of the incident report to the contract manager for the Department. The contract manager shall then be responsible for dissemination of the incident report to the program office. c. If the incident report is an emergency in that the provider is aware that the health, safety or welfare of any person has been threatened or may be in imminent danger, the provider shall make telephonic contact with the department program office immediately and follow up with the written incident report in accordance with paragraph b. . 19. Ail references to "Department of Children and families", "Department of Health and Rehabilitative Services" and "HRS", here and throughout the contract, shall be construed as the Department of Children and Family Services. Revised 5/24/99 23 GA08 ~'(HILPREN v & FAMILIES EXHIBIT A !< ~ tJ 2fD SECURITY AGREEMENT FORM The Department of Children and Families has authorized you: Employee's Name/Organization to have access to sensitive data through the use of computer-related media (e.g. printed reports, microfiche, system inquiry, on-line update, or any magnetic media). Computer crimes are a violation of the department's disciplinary standards and, in addition to departmental discipline, the commission of computer crimes may result in felony criminal charges. The Florida Computer Crimes Act, Chapter 815, Florida Statutes, addresses the unauthorized modification, destruction, disclosure, or taking of information resources. . I have read the above statements and have been provided a copy of the Computer Related Crimes Act, Chapter 815, F.S. . By my signature, I acknowledge that I have received, read and understand Chapter 815, F.S., and have received any necessary clarification from my supervisor. I understand that a security violation may result in criminal prosecution according to the provisions of Chapter 815, F.S., and may also result in disciplinary action against me according to the provisions in the Employee Handbook. The minimum security requirements are: .. Personal passwords are not to be disclosed. . Information is not to be obtained for my own or another person's personal use. Print Employee Name Signature of Employee Date Print Supervisor Name Signature of Supervisor Date CF 114, JF 12/96 Distribution of Copies: Personnel File/Contrad File Security File Employee )t{ Exhibit B ,If. 6-0 2(P DEPARTMENT OF CHILDREN AND FAMILIES OFFICE OF FAMILY SAFTEY 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. LOCAL CASH MATCH LOCAL IN-KIND TOTAL DEDUCTIONS REMAINING MATCH BALANCE SIGNATURE OF PREPARER APPROVED BY DATE COMPLETED TITLE "IF THIS INVOICE IS FOA A FIXED PRICE CONTRACT, THE REQueST FOR PAYMENTWILl BE DETERMINED !IV DMDlNG THE LENQTH OF THE CClNTRACT INTO THE CONTRACTED AMOUNT (EX.412,000(ALL0CATlONI DMlJB)1IY' 12 MaNnis [THE lENGTH 01'" THE CONTRACTJ-S1 ,000 PAYMENT RmUEST) ON A COST REIMl!lUlSEMENJ CONTRACT THe PAYMeNT REQU!&T \ML1. BE ni!. MOHTHL Y REQUEST EXPENSE. CHILDREN AND FAMILIES USE ONLY DATE INV. RCD. APPROVED BY: DATE IORG EO OBJ DESC. AMNT. IOCA FIUSERS/PDFSAlAASHAREl PANZAROIINV. ~5 7/1/99 Communi,] Care for Disabled Adults EXHIBIT C K a-~ 2{P To Program Specific Model Attachments - GAD7 and GAD8 Through on-site visits and client interviews, the District Program Office and Contract Management will assess the quality and quantity of services being provided by a project. The following areas will be reviewed: (1) procedures used in program statistical record keeping; (2) quality of services and adherence to established standards; (3) effectiveness of methods of service delivery system; (4) fiscal record keeping and proper use of funds; (5) accomplishment of objectives; and, (6) adherence to established procedure for reporting requirements and guidelines to Client Information System (CIS) in accordance with HRSP50-I O. Freauencv of Monitoring (1) 30-90 Dav Visit. This visit is required for a new CCDA service provider as well as a new nroiect director of a CCDA project. This visit should be made 30-90 days after the employment of a new project director, regardless of contract amount. (2) Annual Visit. The annual visit should be made between the ninth and eleventh months of the funding period. (3) Special Visit. These announced or unannounced visits can be made at any time during the funding period. It should be used to follow-up on any problem found while conducting a regular semi-annual visit, especially if the problem required immediate . follow-up and/or a formal corrective action plan. Guidelines for Monitoring CCDA Providers In preparation of the monitoring visit, the monitor should review any follow-up on corrective action reports, the service provider application, advisory council or board meeting minutes, any correspondence identifying technical assistance needs, status of required reports, and fiscal status of the project if not covered during fiscal monitoring. Exhibit C )~ 7/1/99 Community Care for Disabled Adults Monitorin!! Reoort FormatfTimeframes All monitoring reports should be written and forwarded to the president of the provider's board/corporation (or project director's supervisor) with a copy to the project director within 20 working days after the visit. A copy of the report should be sent to PDAA within 20 working days after the visit. The following format should be observed: . (1) Project name and address, funding period and funding source; (2) Purpose of visit (initial or refunding), and date; (3) Names and titles of participants; (4) Narrative description of the visit to include matters to be followed up at time of next visit; (5) Instructions for a corrective action plan, if necessary; (6) Narrative description of the exit interview; (6) Monitor's name, signature, and date of report. Topics for Discussion Durin!! the Visit. (1) Conditions of Contract: review contracts for special conditions and track progress in meeting deadlines. (2) Follow-up of problems identified in last report. (3) Special concerns of the project director and DPOAA. (4) Year-to-date Obiective( s) Achievements and Comments. Compare output reports with state objectives; discuss provider's method for capturing statistical data (units of service and unduplicated counts); discuss quality of service provided; measure objective achievements in terms of percentage of funding period completed and allow 5% over/under achievement; determine reasous for over/under achievement and corrective action; determine objective impact on budget (creation of surplus or deficit situation); determine need for objective or budget revision. The administrative monitoring checklistand Chapter 6 ofHRSM 55-5 can be used as references. Exhibit C ).7 7/1/99 Community Care for Disabled Adults (5) Attendance. Leave and Travel. Review records for accuracy and approval by appropriate staff; determine appropriateness ofleave and travel recording; determine whether leave accrued and taken is in line with project policies and approved budget; review back-up docwnentation of travel vouchers. (Not required for fixed rate contracts). (6) Personnel. Review personnel policies and interview personnel; review completeness and timeliness of evaluation; determine if there is a job description for each position; review staff changes and documentation of those changes; determine rate of staff turnover; check positions/salaries against grant application. (Not required for fixed rate contracts). (7) Fire. Health. and Safetv Standards. Review appropriate reports from proper authorities for dates and deficiencies noted; examine fire extinguisher tags; and discuss handicapped accessibility for fire or other emergencies. (8) Traininl!. Compare training schedule and log of staff/volunteers (accomplished to date) with scheduled training in grant application; assess resources provider as used to provide identified training needs (e.g., are efforts coordinated with other agencies?); attend training sessions provided by project; and, interview personnel and volunteers about training needs. (9) Coordination of Services. Discuss project coordination services with other service agencies (e.g., does the provider attend interagency meetings and visit other agencies as time permits?); review grant application for coordination indicators; and review programmatic reports to determine coordination through meetings, staffing, and written agreements. (10) Technical Assistance. (TA) Review any provider requests for TA and TA provided; discuss any current need for T A. (11) Status of Client Information Forms. Review Client Information Forms and Daily Service Logs (if appropriate) for accuracy; discuss error rate and methods for improvement; and compare manual client unduplicated count with CIS count. (12) Comnliance with the Civil Ril!hts Act and Affirmative Action. Review recruitment documents and advertisements; discuss methods used to comply with Title VII or the Civil Rights Act of 1964; and interview staff for staff compliance indicators. Determine if the service provider has a written affirmative action policy and review new staff hired to assure compliance; determine if the service provider's policy meets the intention of the law; interview minority staff members; and discuss progress made in implementing the affirmative action plan. (Required once a year) Exhibit C ;;-f 7/1/99 Community Care for Disabled Adults (13) Compliance with Section 504 of the Rehabilitation Act of 1973: Handicapped Accessibilitv and with the Americans with Disabilities Act. Check the physical facility to ensure that handicapped persons can enter and use the buildings (wheelchair ramps, rails, etc.); review assurances in grant application; discuss methods to correct any areas which are used by clients and staff which are non-accessible; and discuss project's policy for hiring of handicapped. (14) Evaluation of Reporting Procedures. Review reports on file prior to monitoring visit; discuss timeliness, accuracy, and completeness of reports submitted by providers; and discuss any corrections needed by provider and method to be used for corrections. (15) Confidentiality. Discuss methods to ensure confidentiality; check applicable files and drawers for security; and discuss ways clients are made aware of confidentiality rights according to 45 CFR 431.306. (16) Local Match. (Cash and In-Kind). Review fiscal reports and receipts to ascertain accuracy of local match; compare percentage to date to confirm sufficiency to match state funds received; review compliance with contract; identify any problem areas and discuss methods to solve; check accuracy of donor forms and appropriate signatures; and review match to be generated from a source later in the funding period (if appropriate). (17) In-Kind Voucher Svstem. Determine ifproject has used approved in-kind match sources; track backup documents/vouchers for compliance with approved procedures, grant application, and budget; and track allowance to budget for accuracy. (18) Contributions. Check accuracy of contribution recording, logging, depositing, and staff involved in this process; discuss confidentiality of contribution system; assure that clients are aware of their right to contribute or not to contribute (posters, envelope, etc.); and assure that all employees authorized to handle money are bonded. (19) Participants Interviews. Discuss, with a variety of participants, the quality of service(s); determine what services are actually received as compared to client file information (if appropriate); if survey forms are used for client feedback, check the percentage of clients who complete them without help from project staff and check percentage of forms returned by mail against number sent out; and visit clients in their homes, if appropriate, to ascertain above. A home-delivered meals route should be ridden at least annually to check temperatures of home delivered meals, validate participant eligibility, obtain participant input, etc. Exhibit C ~t 7/1/99 Community Care for Disabled Adults (20) Advisorv Council. When applicable, review minutes of advisory council meetings; attend advisory council meetings to discuss their evaluation of services; examine methods by which client feedback is obtained; discuss with council members their roles and responsibilities, and compare to responsibilities outlined in the approved application. Refundilll! Visits All refunding monitoring reports should contain a statement that the project is/is not recommended for refunding and the reasons stated. Exhibit C ~ CERTIFICAT ~N REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS Attachment ~ The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, -Disclosure Form to Report Lobbying," in accorqance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. . This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. -~~~ ,-L)"/-0. , ,I 99 Date Signature James Roberts /( 6- () 2 (p Name of Authorized Individual Application or Contract Number Monroe'. County Board of County Commissioners Name of Organization 5100 College Road.- Public Service Building Key West FL 33040 Address of Organization Page _ JF 03/96 ~( ATTACHMENT III j( G- () 2 G FINANCIAL AND COMPLIANCE AUDIT This attachment is applicable if the provider is any State or local government entity, nonprofit organization, or for-profit organization. For State or local government entities, a Single Audit performed by the Auditor General shall satisfy the requirements of this attachment. If the provider does not meet any ofthe requirements below, no audit is required by this attachment. PART I: FEDERAL AUDIT REQUIREMENTS This part is applicable if the provider is a State or local government entity, or nonprofit organization, and expends a total of$300,000 or more in Federal Awards passed through the department during its fiscal year. The determination of when a provider has "expended" Federal Awards is based on when the activity related to the award occurs. The provider shall comply with the audit requirements contained in OMB Circular A- 133, Audits of States, Local Governments, and Non-Profit Organizations, except as modified herein. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-B3, as revised. The provider is responsible for the procurement of an independent auditor to conduct the audit required by this part. The provider is required to follow the auditor procurement standards specified in section .305, OMB Circular A-B3, as revised. The provider shall fulfill the requirements relative to auditee responsibilities, financial statements, audit findings follow-up, and report submission as provided in sections .300, .310, .3 I 5, and .320 of OMB Circular A-B3, as revised. This includes, but is not limited to, preparation of financial statements, a schedule of expenditures of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. Such audits shall cover the entire organization for the organization's fiscal year. The reporting package. shall include a schedule that discloses the amount of expenditures by contract number for each contract with the department in effect during the audit period. Compliance findings related to contracts with the department shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the department shall be fully disclosed in the audit report with reference to the department contract involved. 07/01/99 '7;2 PART II: DEPARTMENT AUDIT REQUIREMENTS This part is applicable if the provider is a nonprofit organization that receives, during its fiscal year, a total of$100,000 or more in non-federal funds from the department which was not paid from a rate contract based on a set State or area-wide fixed rate for service.-. The provider agrees to have an annual financial audit performed by independent auditors in accordance with the current Government Auditing Standards issued by the Comptroller General of the United States. Such audits shall cover the entire organization for the organization's fiscal year. The scope of the audit performed shall cover the financial statements and include a report on internal control and compliance. The reporting package shall include a schedule that discloses the amount of receipts by contract number for each contract with the department in effect during the audit period. Compliance findings related to contracts with the department shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the department shall be fully disclosed in the audit report with reference to the department contract involved. PART III: STATE AUDIT REQUIREMENTS In the event that the provider receives more than $25,000 from a Grants and Aids Appropriation in its fiscal year, the provider must have a limited scope audit conducted in accordance with section 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. In determining the Grants and Aids Appropriations received in its fiscal year, the provider shall consider aggregate Grants and Aids Appropriations received directly from all State agencies, including Grants and Aids Appropriations received from the department. The audit report must include an auditor's examination attestation report, management assertion report (alternatively, management's assertion may be included in the management representation letter), and a Schedule of State Financial Assistance. The auditor's examination attestation report must indicate whether management's assertion as to compliance with the contract terms and conditions pertaining to the allowability of costs is fairly stated, in all material respects. In the event that the provider receives Grants and Aids Appropriations totaling $25,000 or less in its fiscal year, the head of the provider's organization must provide a written attestation, under penalty of perjury, that the provider has complied with the allowable cost provisions of the Grants and Aids Appropriation funded contract. The provider shall have an audit, or submit an attestation statement, in accordance with section 216.349, Florida Statutes. The report shall cover the provider's fiscal year. The audit report shall include a schedule of financial assistance which discloses each State contract by number and indicates which contract funds are from State Grants and Aids Appropriations. The provider has "received" funds when it has obtained cash from the department. 07/01/99 il PART IV: SUBMISSION OF REPORTS For any of the above requirements, copies of the audit report and any management letter by the independent auditors, or attestation statement, required by this attachment shall be submitted within 180 days after the end of the provider's fiscal year or within 30 days of-- the recipient's receipt of the audit report, whichever occurs first, directlv to each of the following, unless otherwise required by Florida Statutes: A. Financial Management, Audit Services Unit Building 2, Room 401 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 B. Contract manager for this contract C. Submit to this address only those reports required by OMB Circular A-133: Federal Audit Clearinghouse Bureau ofthe Census 120 I East 10th Street Jeffersonville, Indiana 47132 D. Submit to this address only those audits or attestation statements required by section 216.349, Florida Statutes: Jim Dwyer State of Florida Auditor General P.O. Box 1735 Tallahassee, Florida 32302-1735 PART V: RECORD RETENTION The provider shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the department. 07/01/99 11