1st Amendment 06/17/2009
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 23,2009
TO:
Community Services
A TTN:
Dotti Albury
In-Home Services Programs
FROM:
Pamela G. Ha~
Deputy Clerk ~
At the June 17, 2009, Board of County Commissioners' meeting the Board granted
approval and authorized execution of the following:
· Alzheimer's Disease Initiative (ADI) Contract KZ-997 between the Alliance for Aging,
Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social
Services/In-Home Services) for Fiscal Year 7/1/09 to 6/30/10.
· Community Care for the Elderly (CCE) Contract KC-971 between the Alliance for
Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners
(Social Services/In-Home Services) for Fiscal Year 7/1/09 to 6/30/10.
· Home Care for the Elderly (HCE) Contract KH-972 between the Alliance for Aging, Inc.
(Area Agency on Aging) and the Monroe County Board of County Commissioners (Social
Services/In-Home Services) for Fiscal Year 7/1/09 to 6/30/10.
· Amendment 001 to the Community Care for Disabled Adults (CCDA) Contract KG-061
(111109-6/30/10) between the Florida Department of Children & Families and the Monroe
County Board of County Commissioners (Social Services/In-Home Services).
Enclosed are four duplicate originals of the above-mentioned, executed on behalf of
Monroe County, for your handling. Please be sure to return the fully executed "Monroe County
Clerk's Office Original" and the "Monroe County Finance Department's Original". Should you
have any questions, please do not hesitate to contact our office.
cc: County Attorney
Finance w/o documents
File ./
nfre:!TCD CCt!:;5~ OC~~'D c-m~~ O:rI~nI
Contract #KG061
Amendment #000 1
Date: June 30, 2009
THIS AMENDMENT, entered into between the State of Florida, Department of Children
and Families, hereinafter referred to as the Departmenr and Monroe County (In Home
Services), hereinafter referred to as the "Provider," amends Contract # KG061.
1. Pages 1-7, Standard Contract, dated 0212008, are hereby deleted in their
entirety and Pages 1-7, Standard Contract, dated 04/2009, are inserted in
lieu thereof and attached hereto.
2. Pages 38-40, Attachment II, dated 03/2008, are hereby deleted in their
entirety and Pages 38-40, Revised Attachment II, dated 04/01/2009, are
Inserted in lieu thereof and attached hereto.
This amendment shall begin on June 30. 2009 or the date on which th~m~dnj.t ~
has been signed by both parties, whichever is later. [E~3 ;: 8
'_.' I ~_ r~~' _ .."
All provisions in the contract and any attachments thereto in conflict witbithl~ 0 ~
amendment shall be and are hereby changed to conform with this ame~t.;: ~
All provisions not in conflict with this amendment are still in effect and 1!18' ~e ~ g
performed at the level specified in the contract. r:..! rrJ ;0
'-0 0
This amendment and all its attachments are hereby made a part of the contract.
IN WITNESS THEREOF, the parties hereto have caused this eleven page amendment
to be executed by their officials thereunto duly authorized.
PROVIDER: MONROE COUNTY
s~ /?~ ~
/ ;r~
. NAME: GeoI'Jrt!.~. Nelljt:.11 r
TITLE: Monroe County Mayor
STATE OF FLORIDA DEPARTMENT
OF CHILDREN AND FAMILIES
-~p~~
NAME: Gilda P. Ferradaz
DATE:
JUN 1 7 2009
TITLE: Circuit Administrator
rn / ;)-0; if) 9
I I
DATE:
FEDERAl 10 NUMBfR:c\59-6000749
~~.
Revised 5-24-07
Contract No. KG061
CFDA No.
Client [if Non-Cllent 0
Multl-Dlatrfct 0
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES STANDARD CONTRACT
THIS CONTRACT Is entered Into betwe6n the Florida Department of Children and Families, herelnalter referred 10 as the "departmenr and
Monroe Coun In Home Services
hereinafter referred to as the "provider".
I. THE PROVIDER AGREES:
A. Contract Document
To provide S8IVtces In aCCOnlance With the terms and COnditions spaclfied In this conlrael Ineludlng all attachments and exhibits, which constitute the
contract document.
B. Requirements of Section 287.058, Florida Statutes, (F.S.)
The provider shan Provide unDs of deliverables, Including reports, nodlngs, and drafts, as specified In this contracL These deUverables must be
received and accepted by the conlrael manager In writing prior to payment. The provider shall submit bills for tees or other compensation for services or
expenses In sufficient detail for proper pre-audit and post-audlt where Itemized payment for travel expenses are permitted In this conlrael, submit bills
for any - expenses In aCCOnlance with section 112.061, F.S., or at such lower rates as may be provided In this contract To allow public access 10
all documents, pa""",, letters, or other public reconls as defined In subsection 11 9.011 (12), F .S. and as prescribed by subsection 119.07(1) F.S., made
or received by the Provider In conjunction with this contract except that public reconls which are made COnfidential by law must be protected 110m
disclosure. Ills expressly understood that the provlde~s failure to comply with this pnwision shall conslllule en immediate breach of conlract for whlch
the department may unilaterally terminate the contract.
C. Governing Law
1. State of Florida Law
ThIs contrael Is executed and entered Into In the Stale of Florida, and shall be construed, perfOnned and enforced In all re_ in aCCOnlance with
the Florida law including Florida provisions for conflict of laws.
2. Federal Law
a. If this contrael contains federal funds, the provider shan comply with the provisions of 45 Code of Federal RegulalJons (CFR), Pan 74, and/or 45
CFR, Part 92, and other applicable regulations.
b. If this contrael contains federal funds and Is over $100,000, the provider shan comply With all applicable standanls, onlers, or regulations Issued
under section 306 of the Clean Air Ael, as amended (42 United States Code (U.S.C.) 7401 et seq.), section 508 of the Federal Water POllullon Control
Act, as amended (33 U.S.C. 1251 et seq.), Exerotive Onler 11738, as amended and where applicable, and Environmental Protection Agency
regulations (40 CFR, Part 30). The provider shall report any violations of the above to the department.
c. No federal funds received In conneellon with this contract may be used by the provider, or agent acting for the provider, or subconlraelor 10
Influence leglslallon or appropriations pending before the Congress or any Stale legislature. If this contrael contains federal funding In excess of
$100,000, the provider must, prior to contrael execution, complete the Certllication Reganllng lobbying form, Attachment NJA . If a DIsclosure of
lobbying Activities form, Standanl Form lll, Is required, II may be obtained 110m the contrael manager. An disclosure forms as required by the
Certification Reganllng lobbying form must be completed and retumed to the contract manager, prior 10 payment under this contrael.
d. Unauthorized aliens shall not be emploYed. The department shall consider the employment of unauthorized aliens a violation of section 274A(e)
of the Immigration and Nationality Act (8 U.S.C. 1324 a) and secIIon 101 of the Immlgrallon Reform and Control Ael of 1986. Such vIolallon shall be
cause for unilateral cancellation of this contract by the department.
e. If Ihls contrael contains $10,000 or more oflederal funds, the provider shall comply with Executive Ortler 11246, Equal Employment OppOl1unlly,
as amended by ExeaJtlve Onler 11375 and others, and as supplemented In Department of Labor regulation 41 CFR, Part 80 and 45 CFR, Pan 92, ff
applicable.
f. If this conlrael contains federal funds and provides services to children up to age 18, the provider shall comply with the Pro-Chlldren Act of 1994
(20 U.S.C. 6081). Failure to comply with the Provisions of the law may resuR In the Imposition of a civil monetary penalty of up to $1,000 for each
violation and/or the imposition of an administrative compliance order on the responsible entity.
D. Audits, Inspections, Investigations, Records and Retention
1. The provider shall establish and maintain books, records and documents (Including electronic storage media) sufficient to reflect all Income
and expenditures of funds provided by the department under this contract
2. Retention of an client records, financial reCOnls, sUPPOrting documents, slat/stical reCOnls, and any other doroments (Including electronic
storage media) pertinent to this contrael shall be maintained by the provider for a period of six (6) years after completion of the contrael or longer when
required by law. In the event an audll is required by this canlrael, reconls shall be retained for a minimum period of six (6) years aller the audit repon is
ISSUed or until resolutlon of any audit findings or litigation based on the Ierms of this contrael, at no addlllonal cost to the department
3. Upon demand, at no additional cost to the department, the provider Will facilllate the duplication and transfer of any records or documents
during the required retention period in Section I, Paragraph D. 2.
4. These records shall be made available at all reasonable times for Inspection, review, copying, or audit by Federal, Stale, or other personnel
duly authorized by the department.
CF Standard Contact 0412009
Contract '# KG061
5. At aD reasonable Umes for as long as records are malntalned, persons duly authoriZed by the department and Federal auditors, pursuant to 45
CFR, section 92.36(Q(10), shall be allowed full access to and the right to examine any of the prollide~s contracts and related records and doooments,
regardless of the form in which kept.
6. A financial and compliance audft shaD be Provided to the depar1ment as Specified In thts contract and In Attachment II and to ensure
that all related party transactions are disclosed to the auditor.
7. The Provider shall comply and COoperate Immediately with any Inspections, relllews, InvesUgatlons, or audits deemed necessary by The Office
of the Inspector General (section 20.055, F.S.).
E. Monitoring by the Department
The Provider shaD permft all persons who are duly authorized by the department to Inspect and copy any records, pepers, doannents, facilities,
goods and seNlces of the prollider which are relevant to this contract, and to interview any clients, emp/oyeeS and subcontractor employees of the
prollider to assure the department of the sallstactory performance of the terms and conditions of this contract. Following such review. the department
Will deliver to the provider a wrttten report of its findings and request for development, by the provtder of a correctlve action plan where appropriate. The
provider hereby agrees to timely correct all deficiencies Identified In the corrective action plan.
F. Indemnification
1. Except to the extent permllled by section 768.28, F.S. or other ROOda Law. Paragraph F. Is not applicable to contracts executed between the
department and state agencies or subdivisions defined in subsection 768.28(2), F.S.
2. To the extent permitted by Flortda law, the provider shaD Indemnify, save, defend. and hold the department harmless from any and an claims,
demands, actions, causes of action of whatever nature or character, artslng out of or by reason of the execution of this agreement or performance of the
S8n1ic:es provided for h....ln. Ills understOOd and agreed that the proVider Is not required to Indemnify the department for claims, demands. actions or
causes of action arising solely out of the department's negligence.
G. Insurance
Continuous adequate liability Insurance coverage shan be maintained by the provider during the existence of this contract and any renewal(s) and
extenslon(s) of It. By execution of this contract. unless II is a state agency or subdlvtsion as defined by subsection 768.28(2). F.S.. the provider accepts
full reSponsibility for identifying and detenninlng the type(s) and extent of liability Insurance necessary to Provide reasonable financial protections for the
provider and the dlants to be served under this contract. The limits of coverage under each policy maintained by the prOvider do not Hmlt the provlde~s
liability and obDgaUons under this contract. Upon the execution of this contract. the provider shall fumlsh the depar1ment wrillen verfflcation supportlng
both the determination and exlslence of such Insurance coverage. Such coverage may be provided by a seW-Insurance program established and
openlllng under the laws of the Slate of Florida. The department reserves the right to require addillonallnsurance as _In this contract.
H. Confidentiality of Client Information
The Provider shall not use or diSClose any information concemlng a recipient of seNlces under this contract for any purpose prohibited by state or
federal law or ragulations except with the wrlUen consent of a person legally authoriZed to give that consent or when authorized by law.
I. Assignments and Subcontracts
1. The provider shan neither assign the responsibility for this contract to another party nor subcontract for any of the work contemplated under
this contract without prior WlilIen approve I of the department which shall not be unreasonably withheld. Any sublicense. assignment, or transfer
otherwise OCcurring without prior approval of the department shall be null and void.
2. The provider Is responsible for all work perfonned and for all COmmodities prodUced pursuant to this contract whether actually furnished by the
provider or Its subcontractors. Any subcontracts shall be evidenced by a written document. The provider further agrees that the department shall not be
liable to the subcontractor In any way or for any reason. The provider, at Its expense, will defend the deparbnent against such claims.
3. The Provider shall make payments to any subcontractor within seven (7) wOl1<ing days afier receJpt of full or partial payments from the
department In aCCOrdance with section 287.0585, F.S.. unless otherwise stated In the contract -een the provider and subcontractor. Failure to pay
within seven (7) working days will result In a penalty that shall be charged against the proVider and paid by the provider to the subcontractor In the
amount of one-haW of one percent (.005) of the amount due per day from the explraHon of the period allowed for paymenl Such penalty shall be In
addition to actual payments owed and shall not exceed fifteen (15%) percent of the outstanding balance due.
4. The Slate of Florida shall at all Omes be enOOed to assign or transfer, In whole or part, Its rights. dulles, or obllgaOons under this contract to
another governmental agency in the State of Florida. upon glvtng prior written nollce to the provider. In the event the State of Florida approves transfer
of the ptOVide~s obllgallons, the provider remains responsible for all work performed and an expenses incurred In connection with the contract. This
contract shall remain binding upon the successors in interest of either the provider or the department.
J. Return of Funds
The provider shall retum to the d_rtrnent any overpayments due to uneamed funds or funds disallowed and any Interest attributable to such
funds PUrsuant to the terms and conditions of this contract that were disbursed to the proVider by the deparbnent. In the event that the provider or its
independent audftor discovers that an overpayment has been made, the provtder shan repay said overpayment Immediately without prior notification
from the d_ent. In the event that the department first discovers an overpayment hes been made, the contract manager, on behaW of the
department. will notify the provider by letter of such findings. Should repayment not be made forthwith, the provtder wiD be charged at the lawful rate of
interest on the outstanding balance after department notification or provider discovery.
CF Standard Contact 0412009
2
Contract # KG061
K. Client RI.k Prevention and Incident Reporting
1. ~ services to clients are to be Provided under this canlract, the provider and any subconlractors shaU, In aCCOrdance with the client risk
pre\lOntion system, report those reportable situations listed In CFOP 215-6 in the manner prescribed In CFOP 215-6 or circuit or "'9lon operating
procedures.
2. The provider shaD Immediately report any knowledge or reasonable SUSpicion of abuse, neglect, or exploitation of a child, aged parson, or
disabled aduR to the Florida Abuse Hotline on the stalewlde toMree telephone number (1-800-ll6ABUSE), As required by Chapters 39 and 415, F,S"
this provision Is binding upon both the provider and its employees.
L. Purchasing
1. Articles which are the subject of or are required to carry out this contract Shag be purchaSed from PrIson RehabllltalMl IndUS1rles and
Diversified Enlerprisas, Inc., (PRIDE) ldenDlied under Chapler 946, F.S., in the same manner and Under the Procedures sat forth In subsections
!l46.515(2) and (4), F.S. For purposes of this canlract, the provider shall be d88med to be substituted for the department Insofar as dealings with
PRIDE. This clause Is not applicable to subcontractors unless otherwise required by law. An abbreviated list of produclslservtcas available from PRIDE
may be obtained by contading PRIDE, (800) 643-8459.
2. The Pl'Ollider shaU procure any recycled ProdUcls or materials, which are the subject of or are required to carry out this contract. in aCCOrdanca
with the provisions of sedlons 403.7065, and 287.045, F.S.
M. Civil Rights Requirements
1. In aCCOrdanca with TIUe VII of the CIvil Rights Act of 11164, the Americans with Disabilities Act of 11lllO, or the Florida Civil Rights Act of
1992, as applicable the provider shall not diScriminate against any employee (or appUcant for employment) In the performanca of Ihls contract
because of race, color, religion, sex, nat/onal origin, disability, age, or marital stalus. Further, the provider agrees not to discriminate against any
applicant/client or employee In service delivery or benefits In connection With any of Its programs and actMties In aCCOrdance with 45 CFR 80, 63,
64, 90, and 91, nUe VI of the CMI Rights Act of 1964, or the Florida CMI Rights Act of 1992, as applicable and CFOP 60-16. These requirements
shall apply to aU contractors, subcontractors, subgrantees or others wflh whom It arranges to provide services or benefits to clients or employees
in connection with its programs and activities.
2. Comp/e1e the CMI Rights Compliance Checklist, CF Form 946 In aCCOrdance with CFOP 80-16 and 45 CFR 80. This Is raqulred of all
providers that have fifteen (15) or more employees.
3. Subcontractors who are on the discriminatory vendor list may not transact buslness with any public entlly, in accordance with the
provisions of 287.134, F .5.
N. Independent Capacity of the Contractor
1. Act in the capacity of an Independent contractor and not as an officer, employee of the State of Florida, except where the provider Is a stale
agency. Neither the provider nor Its agents, employees, subcontractors or assignees shall represent to others that It has the authorlty to bind the
department unless specifically authorized in Writing to do so.
2. Thls contract does not aeale any right to state retirement leave benefits or any other benefits of stale employees as a result of performing the
duties or obligations of this contrad.
3. The provider shall take such actions as may be necessary to ensura that each SUbconlractor of the provider will be d_ to be an
Independent contractor and wUI not be considered or permitted to be an a.gent, servant, Joint \IOnturer, or partner of the State of Florida.
4. The department Will not fumish services of support (e.g.. office space, office supplies, telephone servtca, seaetarial or c1arical support) to the
provider, or its subcontrador or assignee. unless specifically agreed to by the department in this contrad. .
5. All deductions for SOda! seaJri!y, withholding taxes, Income Iaxes, contributions to unemployment compensation funds and aU necessary
insurance for the provider, the Provider's officers, employees, agents, subcontractors, or assignees shall be the sole responslbUIly of the Provider.
O. Sponsorship
As required by section 286.25, F.S., ~ the provider is a nClllilo\lOmmental organization which sponsors a program financed wholly or in part by
stale funds, including any funds obtained through this contract, n shall, In publicizing, advertising, or deScribing the SponsOlShlp of !he program state:
"Sponsored by (provide(s name) and the State of Florida, Department of Chlldran and Families". If the sponSOlshlp reference Is in Written material, the
WOrds "State of Florida, Department of Children and Families' shall appear in at least the same size IllIters or type as the name of !he organization.
P. Publicity
WIthout Rmilation, the Pl'Ollider and Its employees, agents, and represenlatJves Will not, without prior departmental written consent In each Instance,
use In advertising, publicity or any other promotional endeavor any Stale mark, the name of the State's mark, the name of the State or any Stale afliJlate
or any 0_ or employee of the State, or represent, directly or Indirectly, that any Product or servtca Provided by the provider has been appl'Olled or
endollled by the State, or refer to the existence of thia contract In prass releases, ad\lOrtising or materials distributed to the Provide(s prospective
customers.
Q. Final Invoice
The final Invoice for payment shall be submilted to the department no more than ...12... days after the contract ends or is terminated. If the provider
laiis 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 conlract may be Withheld unUI all reports due from the provider and necessary adjustments thereto, have been appro\l8d by
the department.
CF Standard Contact 0412009
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Contract # KG061
R. Use of Funds for Lobbying Prohibited
The P10VIder .hall comply with the Provislon. ofs.cIIon. 11.062 and 216.347, F.S.. which Prohibit tho OllpOndI1ure of contractlund. for the purposo
of lobbying the Legislature, judicial branch, or a state agency.
S. Public Entity Crime
Pursuant to Mellon 267.133, F .S., the following re.lricllons are placed on tho ability of person. COnvicted of public .ntity aim.. to transact
bu.ln... with Iha dopllttmont. Wh.n a person or affiliat. has boon pl.ced on the COnvicted "ndor list following a convlellon for a public ontiIy crim.,
heIsh. may not .ublnll a bid. proPosal, or reply on a contract to provide any good. or sel1Iices 10 a public .nlily; may not .ubmll a bid, proposal. or reply
on a contract with a public ontiIy for tho construction or Iha repair of a public building or public wor1<; may not .ubmll bids, proposal., or replle. on loa...
of real property to a public enuty; may not be awarded or perform wor1< a. a contractor, supplier. .ubcontractor, or consultant under a contract with any
pubUc .ntity; and may not transact bu.lness with any public .nlily In excess of Iha threshold amount provided In SOellon 287.017. F.S.. for CATEGORY
TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.
T. Gratuities
The provider agrees thai II will not offer to gillO or gillO any gift to any d.par1menl employee. AJs pert of the cons/dotallon for this contract, tho
partl.. Inland thai this provl.'on will .urvlve tho contract for a period of two years. In -Ition to any oth.r remedies available 10 the departm.nt. any
violallon of this provision WII/ resull In referral of Ihe Pl'Ollide(. name and dOSCrlption of the violation of thl. tenn to the Depar1ment of Management
Services for Iha poIenual inclusion of th. provlde(. name on the .u.pended ..ndors 11., for an appropriate period. The provId.r will en.ure that its
subcontractors, if any, comply with these provisions.
U. Patents, CoPyrights, and Royalties
1. " any dlscollely or In_lion arises or I. del/8/oped In lhe cours. of or a. a resull of work or sel1Iice. perfonned under this contract, or In
anyway conn.cted herewith. the provider shall refer the discovery or Invenllon to the depertm.nt to be referred 10 tho Depar1ment of State to detennlne
whether patent prolllctJon will be sought In Iha name of tho Stale of Florida. Any and an patent rights accruing und.r or In connectlon with the
performance of this contract are hereby reserved to the State of Florida.
2. In Iha ...nt thet any books, manual., films, or olhar coPyrightabl. material. are ProdUced, tho provider .hall noUfy the Department of Slate.
Any and all COPyrights accruing under or In conn.eIlon with perfonnance under lhi. contract are hereby resorved to lhe State of Florida.
3. The provider shall provide prompt written nollficallon to the department of any dalm of COpyright or patent infrtngement arlsJng from the
performance of thl. contract. Th. provider may, allts opt/on and OllpOnso, procure for the department, the right 10 conunue uso of. replace, or modify
the artid. to render" non-Infrtnging. The provld.r has no liability when .uch dalm I. solely and exdu.iveIy duo to the Department of Slate'. ailotatJon of
the artld.. If not a .tate agency. a. thai tenn I. d.fined In .ubsection 768.28, F.S., the provld.r shall. without exception, Indemnify and sa.. hannless
Iha department and its employee. from any IIabllily of any nalure or kind whatsoellOr, Induding co.ts and expen.... arising oot of any COpyrighted,
patented, or unpatented In..nllon, proce... or article manufactured or used by th. provld.r In tho p.rfonnance of this contract. If the provId.r use. any
d.s1gn, d.vlce, or mat.rials co..red by Ielters, pal.nt, or copyright, "I. mutually agreed and understood wlthoul excopUon thai the COIIlpensatfon paid
pursuant to this COntractlndude. all royaltte. or costs arising from the u.. of .uch de.ign. device, or materials In any way InvoNed in tho wor1<
contemplated by this contract.
4. AJIappllcabl. .ubcontracts .haD Include a Provision that the Fed.ral awarding agency reserve. all patent rights with re.pectlo any dl.collely
or invention that arises or is developed in the course of or under the subcontract.
V. Construction or Renovation of Facilities Using State Funds
Any .tate lund. provided for tho PUrcha.e of or Impro..menls to real property are contingenl upon the provider granllng to the .tate a sacuriIy
Interest In the property allea.1 to the amount of the .Iat. lund. provided for atl.ast """ (5) years from the data of purchase or the complellon of the
Impro..ments or a. lurthar required by law. Aa a COndlllon of receipt of stat. funding for this purpos., tho provider agree. thai. W It dlspos.. of the
property before the departmenr. Inl.re.' I. vacated, tho provider will relund the proportlonate lli)are of the .tate'. initial Investment, as adjusted by
depreciation.
W. Information Security Obligations
1. An appropriately .Idned Individual shall be identified by tho provid.r 10 luncllon a. its Data Security Officer. Th. Data Security 0fIIcer .hall act
a. th. IIal.on to tho departmenr. security stall and wlJl maintain an appropriate Ie.., of data .ecurlty for the Informallon the provld.r Is collecting or
using In the performance of thl. contract. An appropriate level of security Indude. approving and tracking all provld.r .mployees that request or ha..
access to any d.partm.ntal data .ystem or Infonnallon. Th. Dala Security Officer will .nsure that us.r access to the data .ystem or infonnallon has
been removed from all terminated provider employees.
2. The Provld.r shall hold tho d.partm.nl hannless from any loss or damage Incurrad by tho depar1ment a. a re.ull of Informallon tOChn%gy
used, provided or accessed by the provider.
3. The provId.r shall provide the latest departmenlal .ecurlty awarene.. lralnlng to its. .tall and .ubcontractors who ha.. access 10
departmental information.
4. All provld.r .mploy... who ha.. access to departmentallnfonnation .hall be provid.d a copy of CFOP 50-2 and shell sign lhe DCF Security
Agreement form CF 0114 a copy of which may be obtained from the contract manager.
5. The provid.r .ha! make ...ry etlort to protect and avoid unaulhorlzed relea.e of any personal or confidentlallnfonnation by ensuring bolli
data and storage devices are .naypled a. preSCrib.d In CFOP 50-2. If encryption of the.. device. Is not po.slbl.. lIi.n the provider .han assure thai
un.ncrypted p.rsonal and confidential departmental data will nol be stored on unenaypled storage d.vlces. The Provider .hall require the .ame of all
subcontractors.
CF Standan:t Contact 0412009
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Contract # KG061
6. The provider ag_ to notify the contrad manager as soon as POSslble, but no later than five (5) business daya following the datermlnation of
any breach or polentjal breach of personal and confidential departmental data. The provider shall require the same notlllcatJon requirements of an
subcontractors.
7. The pl'OIIider shall pl'OIIide noUce 10 affected parties no later than 45 daya following the detennlnaUon of any polentjal breach of personal or
confidential departmental data provided In s. 817.5681, F.S. The provider shall require the same notification requirements of all subcontractors.
X. Acc...dltatlon
The departmonlls committed 10 ensuring pro\ltslon of the hlghesl quality services to the persons we. serve. Accordingly, the departmenl has
8XpecteUons that where accreditation Is generally accepted naUonwlde as a clear Indicator of quality selVice, the majority of our providers win either be
accredited, have a plan to meet national accreditation standards, or will Initiate one within a reasonable period of time.
Y. Provld.r Employm.nt Opportunltl..
1. Agency for Workforce Innovation and Workforce Florida
The provider understands that the department, the Agency for Workforce IMoVlUon, and Workforce Florida, Inc., have Jointly Implemented an
inlUalive 10 empower recipients In the Temporary Assistance 10 Needy Families Program 10 enler and remain In gainful employment. The department
encourages provider partldpatlon with the Agency for Workforce Innovation and Workforce Florida.
2. Transltlonlng Young Adults
The provider Understands the department's Operation Full EmployrnenllnlUalive 10 assist young adulls aging oul of the dependency system. The
department encourages provider partlclpaUon with the local Community-Based Care Lead Agency Independent LMng Program to offer galnful
employment to youth In foster care and young adults transitloning from the foster care system.
Z. H..1th In.uranc. Portability .nd Accountability Act
The provide shan, where appncable, comply with the Health Insurance Portability and AccountabBlty Act (42 U. S. C. 132Od.) as wen as an
regulations promulgated thereunder (45 CFR Parts 160, 162, and 164).
AA. Emerg.ncy P...P....dn...
1. if the tasks 10 be perfonned pursuant to this contrad Include the Physical care or SupeNision of clients, the provider shal" wUhln 30 daya of the
ex&alUon of this contract, submll 10 the contrad manager an emergency preparedness plan which shan Include provlslons for pre-dlsaster records
Protection, altemalive accommodaUons for clients In subsutute care, suppnes, and a recovery plan that will anow the pro\ltder to continue funCUoning In
compnance with the exeaJted contrad In the evenl of an actual emergency. For the purpose of disaster planning, the term supervlsJon Includes the
responslblllty of the department, or ils contracted agenls 10 ensure the safilly, permanency and well-being of a child who Is under the jurisdiction of a
dependency court. Children may remain In their hornes, be placed In a non-Ucensed relalivelnon-relaUve home, or be placed In a licensed foster care
setting.
2. The department agrees to respond in writing within 30 daya of receipt of the plan accaptlng, rejecting, or requesUng modlficaDons. In the event
of an emergency, the department may exercise overs/ghlauthority over such provider In order to assure ImplementaDon of agreed emergency relief
provisions.
3. An updaled emergency preparedness plan shan be submitted by the provider no later than 12 months following the acceptance of an original
plan or acceptance of an updated plan. The department ag_ to respond In writing within 30 daya of recelpl of the updaled plan, accepting, reJecting,
or requesting modification to the plan.
ss. PUR (Purch..'ng) 1000 Form
The PUR 1000 Fonn Is hereby Incolporated by reference. In the event of any contIict between the PUR 1000 Form, and any lerms or candlDons of
this contrad Oncludlng the department's Standard Contrad) , the leons or conditions of this contrad shall take precedence over the PUR 1000 Fonn.
However, if the confilctlng lerms or COndlDons In the PUR 1000 Form are required by any section of the Florida StabJIes, the terms or condlflons
contained in the PUR 1000 Form shall take precedence.
CC. Notlflc.tlon of L.g.' Action
The provider shall notify the department of legal actions taken against them or potenUa' acUons such as lawsuits, relaled 10 services provided
through this conlrad or that may Impad the provlde(s ability 10 deliver the contradual services, or adversely Impad the department The departmenrs
contrad manager will be nolilled within 10 daya of pro\ltder becoming aware of such acUons or from the day of the legal filing, whichever comes first.
II. THE DEPARTMENT AGREES:
A Contract Amount
The departmenl shan pay for contracted services according to the lerms and conditions of this contrad in an amount not 10 exceed
NJA or the rate schedule, subjed to the availability of funds. The Slele of Florida's performance and obllgaUon 10 pay under this contrad is
contingent upon an aMual approprtaUon by Ihe Legislature. Any costs or Services paid for under any other contrad or from any other source are nol
eligible for payment under this contract.
CF Standard Contact 0412009
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Contract., KG061
B. Contract Payment
Pursuant to section 215.422, F.S.. the department has five (5) working days to Insped and approWl goods and services, unless the bid
specificallons, purchase onter, or this contrad speclly othelWlse. _ the exception of payments to health care providers for hospital, medical, or other
health care services, W payment Is not available within forty (40) days, measured from the laller of the date a prope~y completed Involca Is recehl8d by
the department or the goods or services are received, Inspected, and approved, a separate Interest penalty set by The Chief Flnandal otIk:er pursuant
to section 55.03, F,S.. will be due and peyable In addition to the invoice amount. Payments to health care providers for hospltal, medical, or other health
care services, shall be made not more than thirty-five (35) days from the date eligibility for payment Is determined. Flnanclal penallles will be calculated
at the dally Interest rate of ,03333%, Invoices returned ll> a provider due to preparailon errors will result In a non-Interest-bearing payment delay.
fnterest penalties less than one (1) dollar will not be paid unless the provider requests payment.
C. Vendor Ombudsman
A Vendor Ombudsman has been established within the Department of Rnandal Services. The duiles of this otlice are found In subsection
215.422, F .S., which Include disseminating Information relative to the prompt peyment of this state and asslsilng ""ndors In receiving their payments In a
timely manner from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.
D. Notice
Any nob that Is required under this contrad shall be In wrlilng, and sent by U.S. Postal ServIce or any expedited dellWlry service that provides
_i1on of delivery or by hand delivery, Sold notice shall be sontto the representaflve of the provider responsible for admlnlslrailon of the program,
to the designated address contained in this contract.
III. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE:
A. Effective and Ending Dates
This contract shall begin on January 1. 2009
whichever is later. It shall end at midnight, local time in
. or on the date on which the contract has been signed by the last party required to sign it,
Monroe County . Florida. on June 30.2010
B. Financial Penalties for Failures to Comply with Requirement for Corrective Action.
1. In accontance with the provisions of Section 402.73(1), F,S., and Section 65-29.001, Florida Administrative Code, conectlve action plans may
be required for noncompliance, nonperformance, or unacceptable performance under this contrad. Penallles may be imposed for failures to Implement
or to make acceptable progress on such corrective action plans.
2. The increments of penally imposition that shall apply, unless the department determines that extenuating circumstances exist, shall be based
upon the severity of the noncompliance, nonperformance, or unacceptable performance that generated the need for correctlWl action plan. The penally,
W imposed, shall not exceed ten percent (10%) of the total conlrad payments du~ng the period In which the conectlve action plan has not been
Implemented or In which acceptable progress toward Implementation has not been made. Noncompliance that Is determined to hOWl a dired elfed on
dient health and safety shall resullln the imposition of a ten percent (10%) penally of the total contrad payments du~ng the pe~od In which the
corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made.
3. Noncompliance InvoMng the Provision of service not having a direct elled on client health and safety shall resuilln the Imposillon of a fiWl
percent (5%) penalty. Noncompliance as a resuil of unacceptable performance of administrative tasks shall resuilln the imposlllon of a two percent (2%)
penalty.
4. The deadline for payment shall be as stated In.the Order imposing the financial penailles. In the eWlnt of nonpayment the department may
deduct the amount of the penalty from Invoices submitted by the provider.
C. Tennlnatlon
1. This contrad may be terminated by either party without cause upon no less than thirty (30) calendar days notice In writing to the other party
unless a sooner time Is mutually agreed upon in writing. Sold noilce shell be delivered by U.S. Postal Service or any expedited delivery service that
provides verification of delivery or by hand dellWlry to the contrad manager or the representetive of the provider responsible for admlnlslration of the
. program.
2. In the event funds for payment pUlSuant to this contrad become unavailable, the depar1ment may terminate this contrad upon no less than
twenly-four (24) ho... notice In writing to the provider. Sold notice shall be sent by U.S. Postal Service or any expedited dellWlry service that ProVides
Wlrlfication of delivery. The department shall be the final autho~1y as to the avallabllily and adequacy of funds. In the event of lermlnailon of this
contract, the provider will be compensated for any work satisfactorily completed.
3. This contract may be terminated for the Provider's non-performance upon no less than twenly-four (24) hours notice in wrltIng to the provider.
If applicable, the department may employ the detouil proviSions In Rule 6OA-l.006(3), Flo~da Admlnlstraflve Code. Waiver of breach of any proviSions
of this contrad shaQ not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the term. and COnditiOns of this
contract. The provisions herein do not limit the department's right to remedies at law or in equity.
4. Failure to hOWl performed any contradual obligations With the department In a manner satisfactory to the department will be a sufllclent cause
for termlnailon. To be terminated as a provider under this provision, the provider must hOWl: (1) previously failed to satisfactorily perform in a contract
with the depa~ment, been notified by the department of the unsailsfadory performance, and failed to corred the unsatisfactory performance to the
satisfaction of the department; or (2) had a contract terminated by the department for cause.
D. Renegotiations or MOdifications
Modifications of provisions of this contrad shall be valid only when they hOWl been reduced 10 writing and duly signed by both parties. The rate of
payment and the total dollar amount may be adjusted retroactively 10 re1lecl p~ce level Incre.... and changes in the rate of payment when these have
been established through the approp~ailons Process and subsequenily Idenllfied In the deper1menl's operating budget.
CF Standard Contact 0412009
6
Contract # KG061
E. Offlcla' Payee and Representatives (Names, Addresses, Telephone Numbers, and e-mail addresses):
1. The provider name, as shown on page 1 of this contract,
and mailing address of the official payee to whom the payment
shall be made is:
Name: Sheryl Graham
Address: Monroe County In Home Services
1100 Simonton Street
City: Key West State: Fl Zip Code: 33040 Phone: (305) 292-4592
e-mail:
graham-sheryl@monroecounty_fl.gov
2. The name of the contact person and street address
where financial and administrative records are maintained is:
Name: Sheryl Graham
Address: Monroe County In Home Services
1100 Simonton Street
Key West State: Fl Zip Code: 33040 Phone: (305) 292-4592
3. The name, address, telephone number and e-mail address of the contract
manager for the department for this contract Is:
Name:
Theresa Phelan
Address: Department of Children and Families
1111 12th Street
Key West State: Fl Zip Code: 33040 Phone: (305) 292-6810
trixie "'phelan@dcf.state.f1.us
4. The name, address, telephone number and e-mail of the representative of
the provider responsible for administration of the program under this contract is:
Name: Sheryl Graham
e-mail:
City:
Address:
Monroe County In Home Services
1100 Simonton Street
Key West State: Fl Zip Code: 33040 Phone: (305) 292-4592
graham-shery'@monroecounty_fl.gov
City:
e-mail:
City:
graham-sheryl@monroecounty_f1.goV
e-mail:
5. Upon change of representatilles (names, addre..... telephone numbers and e-mail addresses) by el!her PlUly, nollce shaN be provided In
writing to the other party and the notification attached to the originals of this contract.
F. All Tenns and Condltfons Included
This contract and ils attachments, I, II end Exhibits A. e, C, 0 and E and any e""lbils referenced
in said attachments, loge/her with any dDalmenls Incorporated by reference, contain alllhe tenns and COnditions agreed upon by Ihe par1les. There are
no provisions, tenns. COnditions, or obligations Olher'lhan Ihose contained herein, and Ihls contract shall Supersede all previous communications,
representations, or agreements, ei1her verbal or written between Ihe parties. If any tenn or proviSion of Ihis conlract Is legally detennined unlawful or
unenforceable, the remainder of the contract shall remain in full force and effect and such term or provision shall be stricken.
By signing this contrac~ the parties ag..e thallhey have reld and ag_ 10 thl entl.. contnc~ as dlScrtbed In Parag..ph III. F. above.
IN WITNESS THEREDF.lhe parties herelo have caused Ihis ~ page conlract to be exearted by IheIr undersigned officials as duly authorized.
:J
CF Standard Contact 04/2009
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Contract # KG061
REVISED A TT ACHMENT II
The administration of resources awarded by the Department of Children & Families to the provider may be
subject to audits as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
F.S., as revised, the department may monitor or conduct oversight reviews to evaluate compliance with
contract, management and programmatic requirements. Such monitoring or other oversight procedures
may include, but not be limited to, on-site visits by department staff, limited scope audits as defined by
OMB Circular A-133, as revised, or other procedures. By entering into this agreement, the recipient agrees
to comply and cooperate with any monitoring procedures deemed appropriate by the department. In the
event the department determines that a limited scope audit of the recipient is appropriate, the recipient
agrees to comply with any additional instructions provided by the department regarding such audit. The
recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the department's inspector general, the state's Chief Financial Officer or the Auditor
General.
AUDITS
PART I: FEDERAL REQUIREMENTS
This part is applicable if the recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised.
In the event the recipient expends $500,000 or more in Federal awards during its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. In determining the Federal awards expended during its fiscal year, the recipient shall
consider all sources of Federal awards, including Federal resources received from the Department of
Children & Families. The determination of amounts of Federal awards expended should be in accordance
with guidelines established by OMB Circular A-I33, as revised. An audit of the recipient conducted by the
Auditor General in accordance with the provisions of OMB Circular A-I33, as revised, will meet the
requirements of this part. In connection with the above audit requirements, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-I33, as
revised.
The schedule of expenditures should disclose the expenditures by contract number for each contract with
the department in effect during the audit period. The financial statements should disclose whether or not
the matching requirement was met for each applicable contract. All questioned costs and liabilities due the
department shall be fully disclosed in the audit report package with reference to the specific contract
number.
Revised 04/01/2009
Revised 38
PART II: STATE REQUIREMENTS
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
In the event the recipient expends $500,000 or more in state financial assistance during its fiscal year, the
recipient must have a State single or project-specific audit conducted in accordance with Section 215.97,
Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In
determining the state financial assistance expended during its fiscal year, the recipient shall consider all
sources of state financial assistance, including state financial assistance received from the Department of
Children & Families, other state agencies, and other nonstate entities. State financial assistance does not
include Federal direct or pass-through awards and resources received by a nons tate entity for Federal
program matching requirements.
In connection with the audit requirements addressed in the preceding paragraph, the recipient shall ensure
that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes
submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters
10.550 or 10.650, Rules of the Auditor General.
The schedule of expenditures should disclose the expenditures by contract number for each contract with
the department in effect during the audit period. The financial statements should disclose whether or not
the matching requirement was met for each applicable contract. All questioned costs and liabilities due the
department shall be fully disclosed in the audit report package with reference to the specific contract
number.
PART III: REPORT SUBMISSION
Any reports, management letters, or other information required to be submitted to the department pursuant
to this agreement shall be submitted within 180 days after the end of the provider's fiscal year or within 30
days of the recipient's receipt of the audit report, whichever occurs first, directly to each of the following
unless otherwise required by Florida Statutes:
A. Contract manager for this contract (2 copies)
Theresa Phelan
Department of Children and Families
1111 12th Street
Key West, FL 33040
Email address:trixieohelan@dcf.state.fl.us
B. Department of Children & Families ( I electronic copy and management letter, if issued)
Office of the Inspector General
Single Audit Unit
Building 5, Room 237
1317 Wine wood Boulevard
Tallahassee, FL 32399-0700
Email address:sin~leaudit@dcf.state.fl.us
Revised 04/01/2009
Revised 39
C. Reporting packages for audits conducted in accordance with OMB Circular A-I33, as revised, and
required by Part I of this agreement shall be submitted, when required by Section .320(d), OMB
Circular A-B3, as revised, by or on behalf of the recipient directly to the Federal Audit Clearinghouse
using the Federal Audit Clearinghouse's Internet Data Entry System at:
http://harvester.census.gov/fac/collectlddeindex . html
and other Federal agencies and pass-through entities in accordance with Sections .320(e) and (0,
OMB Circular A-133, as revised.
D. Copies of reporting packages required by Part II of this agreement shall be submitted by or on behalf
of the recipient directly to the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
III West Madison Street
Tallahassee, Florida 32399-1450
Email address:flaudgen_localgovt@aud.state.fl.us
Providers, when submitting audit report packages to the department for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit or for-profit
organizations), Rules of the Auditor General, should include, when available, correspondence from the
auditor indicating the date the audit report package was delivered to them. When such correspondence is
not available, the date that the audit report package was delivered by the auditor to the provider must be
indicated in correspondence submitted to the department in accordance with Chapter 10.558(3) or Chapter
10.657(2), Rules of the Auditor General.
PART IV: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement
for a period of six years from the date the audit report is issued and shall allow the department or its
designee, Chief Financial Officer or Auditor General access to such records upon request. The recipient
shall ensure that audit working papers are made available to the department or its designee, Chief Financial
Officer or Auditor General upon request for a period of three years from the date the audit report is issued,
unless extended in writing by the department.
Revised 04/01/2009
Revised 40