1st Amendment 12/15/2010 DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: December 16, 2010
TO: Sheryl Graham, Director
Social Services
ATTN: Dotti Albury
FROM: Pamela G. Hancgck, .C.
At the December 15, 2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Agenda Item C.22 Amendment #0001 to the Community Care for Disabled Adults
/CCDA) Contract KG-065 (7/1/10-6/30/11) between the Florida Department of Children &
Families and the Monroe County Board of County Commissioners (Social Services/In-Home
Services).
Agenda Item C.28 Community Living Program (CLP) Contract CLP-MCSS-I
between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe
Counties) and the Monroe County Board of County Commissioners (Social Services/In-Home
Services) for fiscal period 12/1/10 to 12/31/10.
Agenda Item C.29 Community Living Program (CLP) Contract CLP-MCSS-II
between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe
Counties) and the Monroe County Board of County Commissioners (Social Services/In-Home
Services) for fiscal period 1/1/11 to 12/31/11.
Agenda Item C.33 Older Americans Act (OAA) Contract AA-1129 between the
Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County
Commissioners (Social Services/Nutrition and In-Home Services programs) for fiscal year 1/I/1 I
to 12/31/11.
Enclosed are four duplicate originals of each of the above-mentioned, executed on behalf
of Monroe County, for your handling. Please be sure to return the fully executed "Clerk's
Original"and "Finance's Copy"as soon as possible. Should you have any questions, please do
not hesitate to contact our office.
cc: County Attorney
Finance
File)
Cies,K's 6r;9,ya- l
Contract #KG065
Amendment #0001
Date: 01/01/2011
THIS AMENDMENT, entered into between the State of Florida, Department of Children and
Families, hereinafter referred to as the "department" and Monroe County, hereinafter referred to
as the "provider," amends Contract #KG065.
1. Pages 1-7, Standard Contract, dated 05/2010, are hereby deleted in their entirety and
pages 1-7, Standard Contract, dated 06/2010 are inserted in lieu thereof and attached
hereto„
2. Page18, Attachment I, Section B. 5. a. (2) is hereby amended to read:
(2) 20: # of qualified disabled adults (ages 18 — 59) provided case management:
CD
r i:7
3. Page 22, Attachment 1, Section C. 1. c. and d. are hereby amended to read: , = v
- N �
f Q
c. The department agrees to pay for the service units at the unit price(s) and -limits list o
below.
FY 2010-2011
Service
Service Unit
Unit Price
Service
Allocation
Case Management
Hour
$49.89
$10,133.49
Personal Care
Hour
$25.28
$13,898.00
Homemaking
Hour
$21.79
$33,360.00
Home Delivered Meals
Meal
$ 6.30
$12,840.37
d. The provider's dollar match for this contract is as follows:
For :Fiscal Year 2010-2011: $7,803.54
4. Page 23, Attachment I, Section D. paragraph 2. is hereby deleted in its entirety.
5. Page 24, Attachment I, Section D, paragraphs 3 through 7 are hereby renumbered paragraphs 2
through 6.
This amendment shall begin on January 1, 2011 or the date on which the amendment has been
signed by both parties, whichever is later.
All provisions in the contract and any attachments thereto in conflict with this amendment shall
be and are hereby changed to conform with this amendment.
All provisions not in conflict with this amendment are still in effect and are to be performed at
the level specified in the contract.
Contract #KG065
Amendment #0001
Date: 01/01/2011
This amendment and all its attachments are hereby made a part of the contract.
IN WITNESS THEREOF, the parties hereto have caused this nine (9) page amendment to be
executed by their officials thereunto duly authorized.
PROVIDER:
MONROE COUNTY
SIGNS]
BY:
NAME:
TITLE: Mayor
arruthers
STATE OF FLORIDA
DEPARTMENT OF
CHILDREN AND FAMILIES
SIGNED 6
BY:
NAME: Oildaerradaz
TITLE: Circuit Administrator
DATE: 1 a-1 5-'?Ol 0 DATE:
FEDERAL ID NUMBER: 59-6000749
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Contract No. KG065
Client ® Non -Client ❑
CFDA No.
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES STANDARD CONTRACT
THIS CONTRACT is entered into between the Florida Department of Children and Families, hereinafter referred to as the "department" and Monroe County,
hereinafter referred to as the "provider".
I. THE PROVIDER AGREES:
A. Contract Document
To provide services in accordance with the terms and conditions specified in this contract including all attachments and exhibits, which constitute the contract
document.
B. Requirements of Section 287.058, Florida Statutes (F.S.)
The provider shall provide units of deliverables, including reports, findings, and drafts, as specified in this contract. These deliverables must be received and
accepted by the contract manager in writing prior to payment. The provider shall submit bills for fees or other compensation for services or expenses in sufficient detail
for proper pre -audit and pose -audit; where itemized payment for travel expenses are permitted in this contract, submit bills for any travel expenses in accordance with
section 112.061, F.S., or at such lower rates as may be provided in this contract. To allow public access to all documents, papers, letters, or other public records as
defined in subsection 119.011(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 records which are made confidential by law must be protected from disclosure. It is expressly understood that the provider's failure to comply with this provision
shall constitute an immediate: breach of contract for which the department may unilaterally terminate the contract.
C. Governing Law, Jurisdiction and Venue
State of Florida Law
This contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with Florida law,
without regard to Florida provisions for conflict of laws. Courts of competent jurisdiction in Florida shall have exclusive jurisdiction in any action regarding
this contract and venue shall be as provided in PUR 1000. (see Section LBB)
2. Federal Law
a. If this contract contains federal funds, the provider shall comply with the provisions of 45 Code of Federal Regulations (CFR), Part 74,45 CFR, Part 92,
and other applicable regulations.
b. If this contract contains over $100,000 of federal funds, the provider shall comply with all applicable standards, orders, or regulations issued under section
306 of the Clean Air Act, as amended (42 United States Code (U.S.C.) 7401 et seq.), section 508 of the Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 et seq.), Executive Order 11738, as amended and where applicable, and Environmental Protection Agency regulations (40 CFR, Part 30). The
provider shall rep)rt any violations of the above to the department.
c. No federal funds received in connection with this contract may be used by the provider, or agent acting for the provider, or subcontractor to influence
legislation or appropriations pending before the Congress or any State legislature. If this contract contains federal funding in excess of $100,000, the provider
must, prior to contract execution, complete the Certification Regarding Lobbying form, Attachment N/A. If a Disclosure of Lobbying Activities form,
Standard Form LL.L, is required, it may be obtained from the contract manager. All disclosure forms as required by the Certification Regarding Lobbying form
must be completed and returned to the contract manager, prior to payment under this contract.
d. Unauthorized aliens shall not be employed. The department shall consider the employment of unauthorized aliens a violation of section 274A(e) of the
Immigration and Nationality Act (8 U.S.C. 1324 a) and section 101 of the Immigration Reform and Control Act of 1986. Such violation shall be cause for
unilateral cancellation of this contract by the department.
e. If this contract contains $10,000 or more of federal funds, the provider shall comply with Executive Order 11246, Equal Employment Opportunity, as
amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulation 41 CFR, Part 60 and 45 CFR, Part 92, if applicable.
f. If this contract contains federal funds and provides services to children up to age 18, the provider shall comply with the Pro -Children Act of 1994 (20 U.S.C.
6081). Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to S 1,000 for each violation or the
imposition of an administrative compliance order on the responsible entity, or both.
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 all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media)
pertinent to this contract shall be maintained by the provider for a period of six (6) years after completion of the contract or longer when required by law.
In the event art audit is required by this contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until
resolution of any audit findings or litigation based on the terms of this contract, at no additional cost to the department.
3. Upon demand, at no additional cost to the department, the provider will facilitate the duplication and transfer of any records or documents during the
required retention period in Section I, Paragraph D. 2.
4. These records shall be made available at all reasonable times for inspection, review, copying, or audit by Federal, State, or other personnel duly authorized
by the department.
CF Standard Contract 06/2010 1 Contract 4 KG065
At all reasonable times for as long as records are maintained, persons duly authorized by the department and Federal auditors, pursuant to 45 CFR, section
92.36(i)(10), shall be allowed full access to and the right to examine any of the provider's contracts and related records and documents, regardless of the
form in which kept.
6. A financial and compliance audit shall be provided to the department as specified in this contract and in Attachment 11.
7. The provider shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by The Office of the
Inspector General (section 20.055, F.S.).
E. Monitoring by the Department
The provider shall permit all persons who are duly authorized by the department to inspect and copy any records, papers, documents, facilities, goods and
services of the provider which are relevant to this contract, and to interview any clients, employees and subcontractor employees of the provider to assure the department
of the satisfactory performance of the terms and conditions of this contract. Following such review, the department will deliver to the provider a written report of its
findings, and request for development, by the provider, of a corrective action plan where appropriate. The provider hereby agrees to timely correct all deficiencies
identified in the corrective action plan.
F. Indemnification
I . The provider shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless
the department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees,
arising from or relating to any alleged act or omission by the provider, its agents, employees, partners, or subcontractors, provided, however, that the
provider shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the department.
t. Further, the provider shall, without exception, indemnify and save harmless the department and its employees from any liability of any nature or kind
whatsoever, including attorneys fees, costs and expenses, arising out of, relating to or involving any claim associated with any trademark, copyrighted,
patented, or tmpatented invention, process, trade secret or intellectual property right, information technology used or accessed by the provider, or article
manufactured or used by the provider, its officers, agents or subcontractors in the performance of this contract or delivered to the department for the use of
the department, its employees, agents or contractors. The provider may, at its option and expense, procure for the department, its employees, agents or
contractors, the right to continue use of, replace, or modify the product or article to render it non -infringing. If the provider is not reasonably able to
modify or otherwise secure the department the right to continue using the product or article, the provider shall remove the product and refund the
department the amounts paid in excess of a reasonable rental for past use. However, the department shall not be liable for any royalties. The provider has
no liability when such claim is solely and exclusively due to the department's alteration of the product or article or the department's misuse or
modification of the provider's products or the department's operation or use of vendor's products in a manner not contemplated by this contract. The
provider shall provide prompt written notification to the department of any claim of copyright, patent or other infringement arising from the performance
of this contract.
3. Further, the provider shall protect, defend, and indemnify, including attorneys' fees and costs, the department for any and all claims and litigation
(including litigation initiated by the department) arising from or relating to provider's claim that a document contains proprietary or trade secret
information that is exempt from disclosure or the scope of the provider's redaction, as provided for under Section i.EE.
4. The provider's inability to evaluate liability or its evaluation of liability shall not excuse its duty to defend and indemnify after receipt of notice. Only an
adjudication or judgment after the highest appeal is exhausted finding the department negligent shall excuse the provider of performance under this
provision, in which case the department shall have no obligation to reimburse the provider for the cost of their defense. If the Provider is an agency or
subdivision of the State, its obligation to indemnify, defend and hold harmless the department shall be to the extent permitted by law and without waiving
the limits of sovereign immunity.
G. Insurance
Continuous adequate liability insurance coverage shall be maintained by the provider during the existence of this contract and any renewal(s) and extension(s)
of it. By execution of this contract, unless it is a state agency or subdivision as defined by subsection 768.28(2), F.S., the provider accepts full responsibility for
identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the clients to be served
under this contract. The limits of coverage under each policy maintained by the provider do not limit the provider's liability and obligations under this contract. Upon the
execution of this contract, the provider shall furnish the department written verification supporting both the determination and existence of such insurance coverage. Such
coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The department reserves the right to require
additional insurance as specified in this contract.
H. Confidentiality o1' Client information
The provider shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law
or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law.
I. Assignments and Subcontracts
The provider shall not assign the responsibility for this contract to another party without prior written approval of the department, upon the department's
sole determination that such assignment will not adversely affect the public interest; however, in no event may provider assign or enter into any transaction
having the of ect of assigning or transferring any right to receive payment under this contract which right is not conditioned on full and faithful
performance of provider's duties hereunder. Any sublicense, assignment, or transfer otherwise occurring without prior approval of the department shall be
null and void. The provider shall not subcontract for any of the work contemplated under this contract without prior written approval of the department,
which shall not be unreasonably withheld.
To the extent permitted by Florida law, and in compliance with Section I.F. of this Standard Contract, the provider is responsible for all work performed
and for all commodities produced pursuant to this contract whether actually furnished by the provider or its subcontractors. Any subcontracts shall be
evidenced by a written document. The provider further agrees that the department shall not be liable to the subcontractor in any way or for any reason.
The provider, at its expense, will defend the department against such claims.
CF Standard Contract 06/201C' 2 Contract 4 KG065
The provider shall make payments to any subcontractor within seven (7) working days after receipt of full or partial payments from the department in
accordance with section 287.0585, F.S., unless otherwise stated in the contract between the provider and subcontractor. Failure to pay within seven (7)
working days will result in a penalty that shall be charged against the provider and paid by the provider to the subcontractor in the amount of one-half of
one percent (.005) of the amount due per day from the expiration of the period allowed for payment. Such penalty shall be in addition to actual payments
owed and shall not exceed fifteen (15%) percent of the outstanding balance due.
4. The State of Florida shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to another
governmental agency in the State of Florida, upon giving prior written notice to the provider. In the event the State of Florida approves transfer of the
provider's obligations, the provider remains responsible for all work performed and all expenses incurred in connection with the contract. This contract
shall remain binding upon the successors in interest of either the provider or the department.
5. The provider shall include, or cause to be included, in all subcontracts (at any tier) the substance of all clauses contained in this Standard Contract that
mention or describe subcontract compliance.
J. Return of Fund:e
The provider shall return to the department any overpayments due to unearned funds or funds disallowed that were disbursed to the provider by the department
and any interest attributable to such funds pursuant to the terms and conditions of this contract. In the event that the provider or its independent auditor discovers that an
overpayment has been made, the provider shall repay said overpayment immediately without prior notification from the department. In the event that the department first
discovers an overpayment has been made, the contract manager, on behalf of the department, will notify the provider by letter of such findings. Should repayment not be
made forthwith, the provider will be charged interest at the lawful rate of interest on the outstanding balance after department notification or provider discovery.
K. Client Risk Prevention and Incident Reporting
l . if services to clients are to be provided under this contract, the provider and any subcontractors shall, in accordance with the client risk prevention system,
report those reportable situations listed in CFOP 215-6 in the manner prescribed in CFOP 215-6 or circuit or region operating procedures.
2. The provider shall immediately report any knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to
the Florida Abuse Hotline on the statewide toll -free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is
binding upon both the provider and its employees.
L. Purchasing
1. Articles which are the subject of or are required to carry out this contract shall be purchased from Prison Rehabilitative Industries and Diversified
Enterprises, Inc., (PRIDE) identified under Chapter 946, F.S., in the same manner and under the procedures set forth in subsections 946.515(2) and (4),
F.S. For purposes of this contract, the provider shall be deemed to be substituted for the department insofar as dealings with PRIDE. This clause is not
applicable to subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be obtained by
contacting PRIDE, (800) 643-8459.
2. The provider shall procure any recycled products or materials, which are the subject of or are required to cant' out this contract, in accordance with the
provisions of sections 403.7065, and 287.045, F.S.
M. Civil Rights Requirements
In accordance with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, or the Florida Civil Rights Act of 1992, as
applicable the provider shall not discriminate against any employee (or applicant for employment) in the performance of this contract because of race,
color, religion, sex, national origin, disability, age, or marital status. Further, the provider agrees not to discriminate against any applicant, client, or
employee in service delivery or benefits in connection with any of its programs and activities in accordance with 45 CFR 80, 83, 84, 90, and 91, Title VI
of the Civil Rights Act of 1964, or the Florida Civil Rights Act of 1992, as applicable and CFOP 60-16. These requirements shall apply to all contractors,
subcontractors, subgrente es or others with whom it arranges to provide services or benefits to clients or employees in connection with its programs and
activities.
Complete the Civil Rights Compliance Checklist, CF Form 946 in accordance with CFOP 60-16 and 45 CFR 80. This is required of all providers that
have fifteen (15) or more employees.
Subcontractors who are on the discriminatory vendor list may not transact business with any public entity, in accordance with the provisions of 287.134,
F.S.
N. Independent Capacity of the Contractor
1. In performing its obligations under this contract, the provider shall at all times be acting in the capacity of an independent contractor and not as an officer,
employee, or agent of the State of Florida, except where the provider is a state agency. Neither the provider nor its agents, employees, subcontractors or
assignees shall represent to others that it has the authority to bind the department unless specifically authorized in writing to do so.
2. This contract does not create any right to state retirement, leave benefits or any other benefits of state employees as a result of performing the duties or
obligations of this contract.
3. The provider shall 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 bean agent, servant, joint venturer, or partner of the State of Florida.
4. The department will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the provider, or
its subcontractor or assignee, unless specifically agreed to by the department in this contract.
5. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the
provider, the provider's officers, employees, agents, subcontractors, or assignees shall be the sole responsibility of the provider.
CF Standard Contract 062010 3 Contract # KGO65
O. Sponsorship
As required by section 286.25, F.S., if the provider is a non -governmental organization which sponsors a program financed wholly or in part by state funds,
including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program state: "Sponsored by (provider's
name) and the State of Florida, Department of Children and Families". if the sponsorship reference is in written material, the words "State of Florida, Department of
Children and Families" shall appear in at least the same size letters or type as the name of the organization.
P. Publicity
Without limitation, the provider and its employees, agents, and representatives will not, without prior departmental written consent in each instance, use in
advertising, publicity or any other promotional endeavor any State mark, the name of the State's mark, the name of the State or any State affiliate or any officer or
employee of the State, or represent, directly or indirectly, that any product or service provided by the provider has been approved or endorsed by the State, or refer to the
existence of this contract in press releases, advertising or materials distributed to the provider's prospective customers.
Q. Final Invoice
The final invoice: for payment shall be submitted to the department no more than 45 days after the contract ends or is terminated. If the provider 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
The provider shall comply with the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of
lobbying the Legislature, judicial branch, or a state agency.
S. Public Entity Crime
Pursuant to section 287.133, F.S., the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the
department. When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, he/she may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or the repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the
convicted vendor list.
T. Gratuities
The provider agrees that it will not offer to give or give any gift to any department employee. As part of the consideration for this contract, the parties intend
that this provision will survive the contract for a period of two years. In addition to any other remedies available to the department, any violation of this provision will
result in referral of the provider's name and description of the violation of this term to the Department of Management Services for the potential inclusion of the provider's
name on the suspended vendors list for an appropriate period. The provider will ensure that its subcontractors, if any, comply with these provisions.
U. Patents, Copyrights, and Royalties
It is agreed that all intellectual property, inventions, written or electronically created materials, including manuals, presentations, films, or other
copyrightable materials, arising in relation to provider's performance under this contract, and the performance of all of its officers, agents and
subcontractors in relation to this contract, are works for hire for the benefit of the department, fully compensated for by the contract amount, and that
neither the provider nor any of its officers, agents nor subcontractors may claim any interest in any intellectual property rights accruing under or in
connection with the performance of this contract. It is specifically agreed that the department shall have exclusive rights to all data processing software
falling within the terms of section 119.084, F.S., which arises or is developed in the course of or as a result of work or services performed under this
contract, or in anyway connected herewith. Notwithstanding the foregoing provision, if the provider is a university and a member of the State University
System of Florida, then section 1004.23, F.S., shall apply.
2. If the provider uses or delivers to the department for its use or the use of its employees, agents or contractors, any design, device, or materials covered by
letters, patent, or copyright, it is mutually agreed and understood without exception that the compensation paid pursuant to this contract includes all
royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this contract.
3. All applicable subcontracts shall include a provision that the Federal awarding agency reserves all patent rights with respect to any discovery or invention
that arises or is developed in the course of or under the subcontract.
V. Construction or Renovation of Facilities Using State Funds
Any state funds provided for the purchase of or improvements to real property are contingent upon the provider granting to the state a security interest in the
property at least to the amount of the state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required
bylaw. Asa 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.
W. Information Security Obligations
I . An appropriately skilled individual shall be identified by the provider to function as its Data Security Officer. The Data Security Officer shall act as the
liaison to the department's security staff and will maintain an appropriate level of data security for the information the provider is collecting or using in the
performance of this contract. An appropriate level of security includes approving and tracking all provider employees that request or have access to any
departmental data system or information. The Data Security Officer will ensure that user access to the data system or information has been removed from
all terminated provider employees.
2. The provider shall provide the latest departmental security awareness training to its staff and subcontractors who have access to departmental information.
CF Standard Contract 06/2010 4 Contract 4 KG065
3. All provider employees who have access to departmental information shall comply with, and be provided a copy of CFOP 50-2, and shall sign the DCF
Security Agreement form CF 0114 annually. A copy of CF 0114 maybe obtained from the contract manager.
4. The provider shall make every effort to protect and avoid unauthorized release of any personal or confidential information by ensuring both data and
storage devices are encrypted as prescribed in CFOP 50-2. If encryption of these devices is not possible, then the provider shall assure that unencrypted
personal and confidential departmental data will not be stored on unencrypted storage devices. The provider shall require the same of all subcontractors.
5. The provider agrees to notify the contract manager as soon as possible, but no later than five (5) business days following the determination of any breach
or potential breach of personal and confidential departmental data. The provider shall require the same notification requirements of all subcontractors.
6. The provider shall provide notice to affected parties no later than 45 days following the determination of any potential breach of personal or confidential
departmental data provided in section 817.5681, F.S. The provider shall require the same notification requirements of all subcontractors.
X. Accreditation
The department is committed to ensuring provision of the highest quality services to the persons we serve. Accordingly, the department has expectations that
where accreditation is generally accepted nationwide as a clear indicator of quality service, the majority of the department's providers will either be accredited, have a
plan to meet national accreditation standards, or will initiate a plan within a reasonable period of time.
Y. Provider Employment Opportunities
1. Agency for Workforce Innovation and Workforce Florida: The provider understands that the department, the Agency for Workforce Innovation, and
Workforce Florida, Inc., have jointly implemented an initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter
and remain in gainful employment. The department encourages provider participation with the Agency for Workforce Innovation and Workforce Florida.
Transitioning; Young Adults: The provider understands the department's Operation Full Employment initiative to assist young adults aging out of the
dependency system. The department encourages provider participation with the local Community -Based Care Lead Agency Independent Living Program
to offer gainful employment to youth in foster care and young adults transitioning from the foster care system.
Z. Health Insurance Portability and Accountability Act
The provider shall, where applicable, comply with the Health Insurance Portability and Accountability Act (42 U. S. C. 1320d.) as well as all regulations
promulgated thereunder (45 CFR Parts 160, 162, and 164).
AA. Emergency Preparedness
I . If the tasks to be performed pursuant to this contract include the physical care or supervision of clients, the provider shall, within 30 days of the execution
of this contract, submit to the contract manager an emergency preparedness plan which shall include provisions for records protection, alternative
accommodations for clients in substitute care, supplies, and a recovery plan that will allow the provider to continue functioning in compliance with the
executed contract in the event of an actual emergency. For the purpose of disaster planning, the term supervision includes the responsibility of the
department, or its contracted agents to ensure the safety, permanency and well-being of a child who is under the jurisdiction of a dependency court.
Children may remain in their homes, be placed in a non -licensed relative/non-relative home, or be placed in a licensed foster care setting.
2. The department agrees to respond in writing within 30 days of receipt of the plan accepting, rejecting, or requesting modifications. In the event of an
emergency, the department may exercise oversight authority over such provider in order to assure implementation of agreed emergency relief provisions.
3. An updated emergency preparedness plan shall be submitted by the provider no later than 12 months following the acceptance of an original plan or
acceptance of an updated plan. The department agrees to respond in writing within 30 days of receipt of the updated plan, accepting, rejecting, or
requesting modification to the plan.
BB. PUR (Purchasing) 1000 Form
The PUR 1000 Form is hereby incorporated by reference. In the event of any conflict between the PUR 1000 Form, and any terms or conditions of this
contract (including the department's Standard Contract), the terns or conditions of this contract shall take precedence over the PUR 1000 Form. However, if the
conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall
take precedence.
CC. Notification of Legal Action
The provider shall notify the department of legal actions taken against them or potential actions such as lawsuits, related to services provided through this
contract or that may impact the provider's ability to deliver the contractual services, or adversely impact the department. The department's contract manager will be
notified within 10 days of provider becoming aware of such actions or from the day of the legal filing, whichever comes first.
DD. Whistleblower's Act Requirements
In accordance with subsection 1 12.3187(2), F.S., the provider and its subcontractors shall not retaliate against an employee for reporting violations of law, rule,
or regulation that creates substantial and specific danger to the public's health, safety, or welfare to an appropriate agency. Furthermore, agencies or independent
contractors shall not retaliate against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds,
or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. The provider and any subcontractor shall inform its employees that they
and other persons may file a complaint with the Office of Chief Inspector General, Agency Inspector General, the Florida Commission on Human Relations or the
Whistle -blower's Hotline number at 1-800-543-5353.
CF Standard Contract 06/2010 5 Contract # KG065
EE. Proprietary or Trade Secret Information
I. Unless exempted by law, all public records are subject to public inspection and copying under Florida's Public Records Law, Chapter 119, F.S. Any claim
by provider of proprietary or trade secret confidentiality for any information contained in provider's documents (reports, deliverables or workpapers, etc.,
in paper or electronic form) submitted in connection with this contract will be waived, unless the claimed confidential information is submitted in
accordance with paragraph 2 below.
2. The provider must clearly label any portion of the documents, data or records submitted that it considers exempt from public inspection or disclosure
pursuant to Florida's Public Records Law as proprietary or trade secret. The labeling will include a justification citing specific statutes and facts that
authorize exemption of the information from public disclosure. If different exemptions are claimed to be applicable to different portions of the protected
information. the provider shall include information correlating the nature of the claims to the particular protected information.
3. The department, when required to comply with a public records request including documents submitted by the provider, may require the provider to
expeditiously submit redacted copies of documents marked as confidential or trade secret in accordance with paragraph 2 above. Accompanying the
submission shall be an updated version of the justification under paragraph 2, correlated specifically to redacted information. The redacted copy must
exclude or obliterate only those exact portions that are claimed to be proprietary or trade secret. If the provider fails to promptly submit a redacted copy
and updated justification in accordance with this paragraph, the department is authorized to produce the records sought without any redaction of
proprietary or trade secret information.
4. The department is not obligated to agree with the provider's claim of exemption on the basis of proprietary or trade secret confidentiality and the provider
shall be responsible for defending its claim that each and every portion of the redactions of proprietary or trade secret information are exempt from
inspection and copying under Florida's Public Records Law.
FF. Support to the [leaf or Hard -of -Hearing
The provider and its subcontractors, where direct services are provided, shall comply with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as
implemented by ,15 C.F.R. Part 84 (hereinafter referred to as Section 504), the Americans with Disabilities Act of 1990, 42 U.S.C. 12131, as implemented by
28 C.F.R. Part 35 (hereinafter referred to as ADA), and the Children and Families Operating Instruction (CFOP) 60-10, Chapter 4, entitled "Auxiliary Aids and
Services for the Deaf or Hard -of -Hearing."
1. If the provider or any of its subcontractors employs 15 or more employees, the provider shall designate a Single -Point -of -Contact (one per firm) to ensure
effective communication with deaf or hard -of -hearing customers or companions in accordance with Section 504, the ADA, and CFOP 60-10, Chapter 4.
The name and contact information for the provider's Single -Point -of -Contact shall be furnished to the department's Grant or Contract Manager within 14
calendar days of the effective date of this requirement.
2. The provider shall, within 30 days of the effective date of this requirement, contractually require that its subcontractors comply with section 504, the
ADA, and CFOP 60-10, Chapter 4. A Single -Point -of -Contact shall be required for each subcontractor that employs 15 or more employees. This Single -
Point -of -Contact will ensure effective communication with deaf or hard -of -hearing customers or companions in accordance with Section 504 and the ADA
and coordinate activities and reports with the provider's Single -Point -of -Contact.
3. The Single -Point -of -Contact shall ensure that employees are aware of the requirements, roles & responsibilities, and contact points associated with
compliance with Section 504, the ADA, and CFOP 60-10, Chapter 4. Further, employees of providers and its subcontractors with 15 or more employees
shall attest in writing that they are familiar with the requirements of Section 504, the ADA, and CFOP 60-10, Chapter 4. This attestation shall be
maintained in the employee's personnel file.
4. The provider's Single -Point -of -Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids
and services it no -cost to the deaf or hard -of -hearing customers or companions are posted near where people enter or are admitted within the agent
locations. Such Notices must be posted immediately by providers and subcontractors. The approved Notice can be downloaded through the Internet at:
http://www.dcf.state. fl. us/admin/ig/civilrights.shtml
5. The provider and its subcontractors shall document the customer's or companion's preferred method of communication and any requested auxiliary
aids/services provided in the customer's record. Documentation, with supporting justification, must also be made if any request was not honored. The
provider shall submit compliance reports monthly, by the 51h business day following the reporting month, to the department's Grant or Contract Manager.
The provider shall distribute Customer Feedback forms to customers or companions, and provide assistance in completing the forms as requested by the
customer or companion.
6. If customers or companions are referred to other agencies, the provider must ensure that the receiving agency is notified of the customer's or companion's
preferred method of communication and any auxiliary aids/service needs.
11. THE DEPARTMENT AGREES:
A. Contract Amounit
The department shall pay for contracted services according to the terms and conditions of this contract of an amount not to exceed S70,231.86, or the rate
schedule, 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, F.S., the department has five (5) working days to inspect and approve goods and services, unless the bid specifications, purchase
order, or this contract specify otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not
available within forty (40) days, measured from the latter of the date a properly completed invoice is received by the department or the goods or services are received,
inspected, and approved, a separate interest penalty set by the Chief Financial Officer pursuant to section 55.03, F.S., will be due and payable in addition to the invoice
amount. Payments to health care providers for hospital, medical, or other health care services, shall be made not more than thirty-five (35) days from the date eligibility
for payment is determined. Financial penalties will be calculated at the daily interest rate of .03333%. Invoices returned to a provider due to preparation errors will result
in a non -interest bearing payment delay. Interest penalties less than one ( I ) dollar will not be paid unless the provider requests payment.
CF Standard Contract 06/2010 6 Contract # KC065
C. Vendor Ombudsman
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which
include disseminating information relative to prompt payment and assisting vendors in receiving their payments in a timely manner from a state agency. The Vendor
Ombudsman may be contacted at (850) 413-5516.
D. Notice
Any notice that is required under this contract shall be in writing, and sent by U.S. Postal Service or any expedited delivery service that provides verification of
delivery or by hand delivery. Said notice shall be sent to the representative of the provider responsible for administration of the program, to the designated address
contained in this contract.
III. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE:
A. Effective and Ending Dates
This contract shill begin on July 1.2010, or on the date on which the contract has been signed by the last party required to sign it, whichever is later. It shall
end at midnight, local time in Monroe County, Florida, on June 30, 2011.
B. Financial Penalties for Failures to Comply with Requirement for Corrective Actions
1. In accordance with the provisions of section 402.73(1), F.S., and Rule 65-29.001, F.A.C., corrective action plans may be required for noncompliance,
nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on
such corrective action plans.
2. The increments of penalty imposition that shall apply, unless the department determines that extenuating circumstances exist, shall be based upon the
severity of the noncompliance, nonperformance, or unacceptable performance that generated the need for corrective action plan. The penalty, if imposed,
shall not exceed ten percent (10%) of the total contract payments during the period in which the corrective action plan has not been implemented or in
which acceptable progress toward implementation has not been made. Noncompliance that is determined to have a direct effect on client health and safety
shall result in the imposition of a ten percent (101/6) penalty of the total contract payments during the period in which the corrective action plan has not
been implemented or in which acceptable progress toward implementation has not been made.
3. Noncompliance involving the provision of service not having a direct effect on client health and safety shall result in the imposition of a five percent (5%)
penalty. Noncompliance as a result of unacceptable performance of administrative tasks shall result in the imposition of a two percent (2%) penalty.
4. The deadline for payment shall be as stated in the Order imposing the financial penalties. In the event of nonpayment the department may deduct the
amount of the penalty from invoices submitted by the provider.
C. Termination
1. This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a
sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides
verification of delivery or by hand delivery to the contract manager or the representative of the provider responsible for administration of the program.
2. In the event funds for payment pursuant to this contract become unavailable, the department may terminate this contract upon no less than twenty-four
(24) hours notice in writing to the provider. Said notice shall be sent by U.S. Postal Service or any expedited delivery service that provides verification of
delivery. The department shall be the final authority as to the availability and adequacy of funds. In the event of termination of this contract, the provider
will be compensated for any work satisfactorily completed.
3. This contract may be terminated for the provider's non-performance upon no less than twenty-four (24) hours notice in writing to the provider. If
applicable, the department may employ the default provisions in Rule 60A-1.006(3), F.A.C. The department's failure to demand performance of any
provision of this contract shall not be deemed a waiver of such performance. The department's waiver of any one breach of any provision of this contract
shall not be deemed to be a waiver of any other breach and neither event shall be construed to be a modification of the terms and conditions of this
contract. The provisions herein do not limit the department's right to remedies at law or in equity.
4. Failure to have performed any contractual obligations with the department in a manner satisfactory to the department will be a sufficient cause for
termination. To be terminated as a provider under this provision, the provider must have: (1) previously failed to satisfactorily perform in a contract with
the department, been notified by the department of the unsatisfactory performance, and failed to correct the unsatisfactory performance to the satisfaction
of the department; or (2) had a contract terminated by the department for cause.
D. Renegotiations or Modifications
Modifications of provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment
and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the
appropriations process and subsequently identified in the department's operating budget.
CF Standard Contract 06/2010 7 Contract # KG065