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06/15/2011 ContractDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: June 20, 2011 TO: Sheryl Graham, Director Social Services Department ATTN: Dotty Albury In -Home ,Services Program FROM: Pamela G. Hanc ck C. At the June 15, 2011, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Item C3 Amendment #0002 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). Item C6 Community Care for Disabled Adults (CCDA) Contract #KG -066 ✓(7/1/11- 6/30/12) between the Florida Department of Children & Families and the Monroe County Board'. of County Commissioners (Social Services /In -Home Services). Item 1241 Community Care for the Elderly (CCE) Contract KC -1171 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services /In -Home Services) for fiscal year 7/1/11 to 12/31/11. Item C42 Home Care for the Elderly (HCE) Contract KH -1172 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 7/1/11 to 12/31/11. Item C43 Amendment #003 to the Community Care for the Elderly (CCE) Contract KC -1071 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services /In -Home Services) for fiscal year 7/1/10 to 6/30/2011. 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 Clerk's Original as well as 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,/ C.� Clerk's Original Contract No. {: G(166 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 "Pmvidet ". 1. Contract Document The Provider shall provide services in accordance with the terms and conditions specified in this contract including all attachments, exhibits, and documents incorporated by reference which constitute the contract document. 2. 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, subject to subsequent audit and review and to the satisfaction of the Department. The Provider shall submit bills for fees or other compensation for services or expenses in sufficient detail for proper pre -audit and post- audit; where itemized payment for travel expenses 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 119.01102 ), 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. 3. Purpose The Department is engaging the Provider for the purpose of obtaining Community Care for Disabled Adults services in Monroe County. 4. Effective and Ending Dates This contract shall begin on July 1, 2011, 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, 2012. 5. 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 31) 6. Federal Law a. If this contract contains federal funds, the Provider shall comply with the provisions of federal law and regulations including, but not limited to, 45 Code of Federal Regulations (CFR), Part 74, 45 CFR, Part 92, and other applicable regulations. b. if this contract contains over S 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 report 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 LLL, is required, it may be obtained from the contract manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the contract manager, prior to payment under this contract. d. 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. Pursuant to Executive Order 11 -02 signed on January 4, 2011, the Provider will use the E- verify system established by the U.S. Department of Homeland Security to verify the employment eligibility of its employees and the subcontractors' employees performing under this contract. C. If this contract contains 510,000 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 51.000 for each violation or the imposition of an administrative compliance order on the responsible entity, or both. CF Standard Contract 0 S 201 1 I Contract KG066 Audits, Inspections, Investigations, Records and Retention a. The Provider shall establish and maintain books, records and documents (including electronic stomee media) sufficient to reflect all income and expenditures of funds provided by the Department under this contract. b. Retention of all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract shall be maintained by the Provider for a period of six (6) years after completion of the contract or longer when required by law. In the event an audit is required by this contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of anv audit findings or litigation based on the terms of this contract, at no additional cost to the Department. C. Upon demand. at no additional cost to the Department, the Provider will facilitate the duplication and transfer of any records or documents during the required retention period in Section Th. d. These records shall be made available at all reasonable times for inspection, review, copying, or audit by Federal. State_ or other personnel duly authorized by the Department. C. 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. I'. A financial and compliance audit shall be provided to the Department as specified in this contract and in Attachment 11. g. The Provider shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General (section 20.055. F.S.). 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 may direct the development, by the Provider, of a corrective action plan where appropriate. The Provider hereby agrees to timely correct all deficiencies identified in the corrective action plan. This provision will not limit the Department's termination rights under Section 42.d. 9. Indemnification a. The Provider shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Department, and their officers, agents, and employees, from suits, actions, damages, 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 alleged to be caused in whole or in part by 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. b. The Provider shall fully indemnify, defend, and hold harmless the State and Department from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to Department's misuse or modification of Provider's products or a Department's operation or use of Provider's products in a manner not contemplated by the contract or the purchase order. If any product is the subject of an infringement suit, or in the Provider's opinion is likely to become the subject of such a suit, the Provider may at its sole expense procure for the Department the right to continue using the product or to modify it to become non - infringing. if the Provider is not reasonably able to modify or otherwise secure the Department the right to continue using the product, the Provider shall remove the product and refund the Department the amounts paid in excess of a reasonable rental for past use. The Department shall not be liable for any royalties. The Provider's indemnification for violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right shall encompass all such items used or accessed by the Provider, its officers, agents or subcontractors in the performance of this contract or delivered to the Department for the use of the Department, its employees, agents or contractors. C. 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 34. d. The Provider shall not be liable for any cost, expense, or compromise incurred or made by the Department in any legal action without the Provider's prior written consent, which shall not be unreasonably withheld. 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 orjudgment 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 its defense. If the Provider is an agency or subdivision of the State, its obligation to indemnify, defend and hold harmless the Department shall be to the extent permitted by section 768.28, F.S. or other applicable law, and without waiving the limits of sovereign immunity. 10. 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(3). 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 Flori da. The Deparnnent reserves the right to require additional insurance as specified in this contract. 11. Confidentiality of 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. CF Standard Contract 05 201 1 '_ Contract KG066 12, Assignments and Subcontracts a. The Provider shall not assitm 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 adversel affect the public interest however, in no event may Provider assign or enter into any transaction having the effect of assigning or transferring any right to receive payment under this contract which right is not conditioned on full and faithful performance of 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. b. To the extent permitted by Florida Law. and in compliance with Section 9 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. C. 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. d. The State of Florida shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to another governmental agency in the State of Florida, 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 perfonmed 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. e. 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. 13. Return of Funds The Provider shall return to the Department any overpayments due to unearned funds or funds disallowed that were disbursed to the Provider by the Department and any interest attributable to such funds pursuant to the terms and conditions of this contract. In the event that the Provider or its independent auditor discovers that an overpayment has been made, the Provider shall repay said overpayment immediately without prior notification from the Department. In the event that the Department first discovers an overpayment has been made, the contract manager, on behalf of the Department, will notify the Provider by letter of such findings. Should repayment not be made forthwith, the Provider will be charged interest at the lawful rate of interest on the outstanding balance after Department notification or Provider discovery. Payments made for services subsequently determined by the Department to not be in full compliance with contract requirements shall be deemed overpayments. 14. Client Risk Prevention and Incident Reporting 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. 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. 15. Purchasing 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 maybe obtained by contacting PRIDE, (800) 643 -8459. The Provider shall procure any recycled products or materials, which are the subject of or are required to carry out this contract, in accordance with the provisions of sections 403.7065, and 287.045, F.S. 16. Civil Rights Requirements In accordance with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, or the Florida Civil Rights Act of 1992, as applicable the Provider shall not discriminate against any employee (or applicant for employment) in the performance of this contract because of race, color, religion, sex, national origin, disability, age, or marital status. Further, the Provider agrees not to discriminate against any applicant, client, or employee in service delivery or benefits in connection with any of its programs and activities in accordance with 45 CFR 80, 83, 84, 90, and 91, Title VI of the Civil Rights Act of 1964, or the Florida Civil Rights Act of 1992, as applicable and CFOP 60 -16. These requirements shall apply to all contractors, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to clients or employees in connection with its programs and activities. The Provider shall complete the Civil Rights Compliance Checklist, CF Form 946 in accordance with CFOP 60 -16 and 45 CFR 80. This is required of all Providers that have fifteen (15) or more employees. 17. Independent Capacity of the Contractor U. 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. 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. b. 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 be an agent, servant, joint venturer, or partner of the State of Florida. 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. 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. 18. 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 and funds obtained through this contract. it shall in publicizing, advertising. or descri bing the sponsorship of the program state: "Sponsored by (Pro v idei name) and the State CF Standard Contract n5, 201 I Contract K(;066 of Florida. Department of Children and Families ". If the sponsorship reference is in written material, the words "State of Florida. Depanment of Children and Families" shall appear in at least the same size letters or type as the name of the organization. 19. 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. 20. Final Invoice The final invoice for payment shall be submitted to the Department no more than 45 days after the contract ends or is terminated. If the Provider tails 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 terns of this contract may be withheld until all reports due from the Provider and necessary adjustments thereto, have been approved by the Department. 21. 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. 22. Public Entity Crime and Discriminatory Contractors Pursuant to sections 287.133 and 287.134, F.S., the following restrictions are placed on the ability of persons placed on the convicted vendor list or the discriminatory vendor list. When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, or an entity or affiliate has been placed on the discriminatory vendor list, such person, entity or affiliate may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or the repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity; provided, however, that the prohibition on persons or affiliates placed on the convicted vendor shall be limited to business in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. 23. 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. 24. 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 1 19.084, 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. 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. All applicable subcontracts shall include a provision that the Federal awarding agency reserves all patent rights with respect to any discovery or invention that arises or is developed in the course of or under the subcontract. Notwithstanding the foregoing provision, if the Provider or one of its subcontractors is a university and a member of the State University System of Florida, then section 1004 23, F.S., shall apply, but the Department shall retain a perpetual, fully - paid, nonexclusive license for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products. 25. 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 by law. As a condition of receipt of state funding for this purpose, the Provider agrees that, if it disposes of the property before the Department's interest is vacated, the Provider will refund the proportionate share of the state's initial investment, as adjusted by depreciation. 26. Information Security Obligations 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 horn all terminated Provider employees. b. The Provider shall provide the latest Departmental security awareness training to its statf and subcontractors who have access to departmental information. All Provider employees who have access to depammental information shall comply with, and he provided a copy of CFOP 50 -2. and shall sign the DCF Security Agreement form CF 01 14 annually. A copy of CF 01 14 may be obtained from the contract manager. CF Standard Contract 05301 1 4 Contract KG1166 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 unenerypted personal and confidential departmental data will not be stored on unencrypted storage devices. The Provider shall require the same of all subcontractors. 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. 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. 27. Accreditation The Department is committed to ensuring provision ofthe 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. 28. Provider Employment Opportunities 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. 29. 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). 30. Emergency Preparedness a. 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. b. The Department agrees to respond in writing within 30 days of receipt of the plan accepting, rejecting, or requesting modifications. In the event of an emergency, the Department may exercise oversight authority over such Provider in order to assure implementation of agreed. emergency relief provisions. C. 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. 31. PUR (Purchasing) 1000 Form The PUR 1000 Form (10/06 version) is hereby incorporated by reference and made a part hereof as if fully recited herein. Sections l.d., 24, 6, 8 -13, 19, 22, 23, 27, 31, and 35 of the PUR 1000 Form are not applicable to this contract. Other provisions of the PUR 1000 Form are clarified, revised or supplemented as set forth elsewhere in this Standard Contract. In the event of any conflict between the PUR 1000 Form (10/06), and any terms or conditions of this contract the terms or conditions of this contract shall take precedence over the PUR 1000 Form. 32. 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. 33. Whistleblower's Act Requirements In accordance with subsection 112.3187( 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. 34. Proprietary or Trade Secret Information 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 Section 34. b helow. 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. CF Standard Contract 05 "2111 1 5 Contract K6066 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 Section 34.b. above. Accompanying the submission shall be an updated version of the justification under Section 34.b.. correlated specifically to redacted information, either confirming that the statutory and factual basis originally asserted remain unchanged or indicating any changes affecting the basis for the asserted exemption from public inspection or disclosure. The redacted copy must exclude or obliterate only those exact portions that are claimed to be proprietary or trade secret. if the Provider fails to promptly submit a redacted copy, the Department is authorized to produce the records sought without any redaction of proprietary or trade secret information. 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. 35. Support to the Deaf or Hard -of- Hearing, a. The Provider and its subcontractors, where direct services are provided, shall comply with section 504 of the Rehabilitation Act of 1973. 29 U.S.C. 794, as implemented by 45 C.F.R. Part 84 (hereinafter referred to as Section 504), the Americans with Disabilities Act of 1990, 42 U.S.C. 12131, as implemented by 28 C.F.R. Part 35 (hereinafter referred to as ADA), and the Children and Families Operating Instruction (CFOP) 60 -10, Chapter 4, entitled "Auxiliary Aids and Services for the Deaf or Hard -of- Hearing." b. 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 fumished to the Department's grant or contract manager within 14 calendar days of the effective date of this requirement. C. 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. d. 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. e. The Provider's Single - Point -of- Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no -cost to the deaf or hard -of- hearing customers or companions are posted near where people enter or are admitted within the agent locations. Such Notices must be posted immediately by providers and subcontractors. The approved Notice can be downloaded through the Internet at: http: / fl.us'admin/ ig/civilrights.shtm] f 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 5 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. g 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. 36. Contract Amount The Department shall pay for contracted services according to the terms and conditions of this contract of an amount not to exceed $81,733.00 or the rate schedule, subject to the availability of funds and satisfactory performance of all terms by the Provider. 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. 37. Contract Pavment 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. Payment shall be made only upon written acceptance by the Department and shall remain subject to subsequent audit or review to confirm contract compliance. 38. Financial Consequences for Provider's Failure to Perform If the Provider fails to meet the minimum level of service or performance identified in this agreement, or that is customary fin' the industry, then the Department will apply financial consequences commensurate with the deficiency. Financial consequences may include but are not limited to refusing payment, withholding payments until deficiency is cured. tendering only partial payments, imposition of penalties per Section 41, and termination of contract and requisition of services from an alternate source. Any payment made in reliance on the Provider's evidence of performance, which evidence is subsequently determined to be erroneous, will be immediately due as an overpayment in accordance with Section 13 above. entitled "Return of Funds" to the extent of such error. CF Standard Contract 05201 1 0 Contract KGtt66 39. 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. 40. 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. 41. Financial Penalties for Failures to Comply with Requirement for Corrective Actions a. In accordance with the provisions of section 40"_'.73(1), F.S., and Rule 65- 29.001, F.A.C., corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. b. The increments of penalty imposition that shall apply, unless the Department determines that extenuating circumstances exist, shall be based upon the severity of the noncompliance, nonperformance, or unacceptable performance that generated the need for corrective action plan. The penalty, if imposed, shall not exceed ten percent (10 %) of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. Noncompliance that is determined to have a direct effect on client health and safety shall result in the imposition of a ten percent (10 %) penalty of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. C. Noncompliance involving the provision of service not having a direct effect on client health and safety shall result in the imposition of a five percent (5 %) penalty. Noncompliance as a result of unacceptable performance of administrative tasks shall result in the imposition of a two percent (2 %) penalty. d. The deadline for payment shall be as stated in the Order imposing the financial penalties. In the event of nonpayment the Department may deduct the amount of the penalty from invoices submitted by the Provider. 42. Termination a. This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the contract manager or the representative of the Provider responsible for administration of the program. b. In the event funds for payment pursuant to this contract become unavailable, the Department may terminate this contract upon no less than twenty -four (24) hours notice in writing to the Provider. Said notice shall be sent by U.S. Postal Service or any expedited delivery service that provides verification of delivery. The Department shall be the final authority as to the availability and adequacy of funds. In the event of termination of this contract, the Provider will be compensated for any work satisfactorily completed. C. In the event the Provider fails to fully comply with the terms and conditions of this contract, the Department may terminate the contract upon no less than twenty -four (24) hours (excluding Saturday, Sunday, and Holidays) notice in writing to the Provider after Provider's failure to fully cure such noncompliance within the time specified in a written notice of noncompliance issued by the Department specifying the nature of the noncompliance and the actions required to cure such noncompliance. In addition, the Department may employ the default provisions in Rule 60A- 1.006(3), F.A.C., but is not required to do so in order to terminate the contract. The Department's failure to demand performance of any provision of this contract shall not be deemed a waiver of such performance. The Department's waiver of any one breach of any provision of this contract shall not be deemed to be a waiver of any other breach and neither event shall be construed to be a modification of the terms and conditions of this contract. The provisions herein do not limit the Department's right to remedies at law or in equity. d. Failure to have performed any contractual obligations under any other contract with the Department in a manner satisfactory to the Department will be a sufficient cause for termination. To be terminated as a Provider under this provision, the Provider must have: (1) previously failed to satisfactorily perform it a contract with the Department, been notified by the Department of the unsatisfactory performance, and failed to correct the unsatisfactory performance to the satisfaction of the Department; or (2) had a contract terminated by the Department for cause. Termination shall be upon no less than twenty-four (24) hours notice in writing to the Provider. 43. 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 pavment 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. 44. Dispute Resolution .Any dispute concerning performance of the contract or payment hereunder shall be decided by the Department's contract manager, who shall reduce the decision to writing and provide a copy to the Provider. The decision shall be final and conclusive unless within twenty-one (31) calendar days from the date of receipt of the contract manager s decision. the Provider delivers to the contract manager a petition for alternative dispute resolution. After receipt of a petition for alternative dispute resolution the Department and the Provider shall attempt to amicably resolve the dispute through negotiations. Timely delivery of a petition for alternative dispute resolution and completion of the negotiation process shall be a condition precedent to any legal action by the Provider concerning this Contract. After timely delivery of a petition for alternative dispute resolution, the parties may employ any dispute resolution procedures described in the Attachment I or other attachment, or mutually agree to an alternative bindine or nonbinding dispute resolution process, the terns of which shall be reduced to writing and executed by both parties. Completion of such agreed process shall be deemed to satisfy the requirement for completion of the negotiation process. This provision shall not limit the parties' rights of'tennination under Section 42.d. CF Standard Contract 05 2011 Contract KG066 45. Official Payee and Representatives (Names, Addresses, Telephone Numbers, and e-mail addresses) a. The Provider name, as shown on page I of this contract, and mailing c. The name, address. telephone number and e -mail address of the contract manager address of the official payee to whom the payment shall be made is: for the Department for this contract is: Name: Monroe County Name: Theresa Phelan Address: 1 100 Simonton Street Address: 1 1 11 12"' Street City: Key West Staie:FL Zip Code:33040 City: Key West State: FL Zip Code: 33040 Phone: 305- 2934500 Phone: 305- 292 -6810 ext: ext: e -mail: trixie phelan(&dcf.state.fl.us b. The name of the contact person and address, telephone. and email d. The name, address, telephone number and e -mail of the representative of the address where financial and administrative records are maintained is: Provider responsible for administration of the program under this contract is: Name: Shervl Graham Name: Sheryl Graham Address: 1 100 Simonton Street Address: 1 100 Simonton Street City: Key West State:FL Zip Code:33040 City: Key West State:FL Zip Code:33040 Phone: 305 -292 -4500 Phone: 305- 292 -6810 e xt: ext: e -mail: graham- sheryl(a,monroecounty-fl.gov e- mail: graham- sheryl(wrtionroecounty -fl.gov Upon change of representatives (names. addresses. telephone numbers and e -mail addresses) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. ` 46. All Terms and Conditions Included This contract and its attachments, 1. Exhibits A. B, C. D & E to Attachment I and Attachment 11 and any exhibits referenced in said attachments, together with any documents incorporated by reference. contain all the terms and conditions agreed upon by the parties. There are no provisions, teens, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations. or agreements. either verbal or written between the parties. If any term or provision of this contract is legally determined unlawful or unenforceable, the remainder of the contract shall remain in full force and effect and such teen or provision shall be stricken. In the event of a conflict between the provisions of the documents. the documents shall be interpreted in the following order of precedence: a. Attachment I and other attachments, if any ; b. Any documents incorporated into any attachment by reference; C. The Standard Contract; d. Any documents incorporated herein by reference By signing this contract, the parties agree that they have read and agree to the entire contract, as described in Section 46 above. IN WITNESS THEREOF, the parties hereto have caused this 40 page contract to be executed by their undersigned officials as duly authorized. PROVIDER: Monroe County Signature: Print/Type Name: Title FLORIDA DEP MENT OF Signature: Print/T Name: lace i nlv�r Title: uate: !1 Go 11 Date: STATE AGENCY 29 DI FLAIR CODE: Federal Tax ID # (or SSN ): 5()- 60074() Provider Fiscal Year Ending Date: 09!30. Director I— APPROVED AI�TO FORM AN EC\L_SUFFICIENCY AND FAMILIES REGIONAk L C�UNSEL \ J CF Standard Contract KG066 07/01 /2011 Communitv Care for Disabled Adults /Fixed Price Adult Services Program ATTACHMENT I A. Services to be Provided. 1. Definition of Terms a. Contract Terms Contract terms used in this document can be found in the Florida Department of Children and Families Operating Procedure (CFOP) 75 -2, Glossary of Terms, which is incorporated herein by reference and can be obtained from the contract manager. b. Program or Service Specific Terms (1) Activities of Daily Living. Basic activities performed in the course of daily living, such as dressing, bathing, grooming, eating, using a commode or urinal, and ambulating around one's own home. (2) Client. Any person ages 18 through 59 having one (1) or more permanent physical or mental limitations that restrict the person's ability to perform normal activities of daily living, and impede the person's capacity to live independently or with relatives or friends without the provision of community -based services. (3) Medicaid Institutional Care Program (MICP). A program designs to provide primary, acute, and long -term care services at capitated federally matched rates to Medicaid recipients who are determined eligible for a nursing home level of care. (4) Nursing home. Any facility that provides nursing services as defined in Chapter 464, Florida Statutes, and which is licensed in accordance with Chapter 400, Florida Statutes. (5) Outcomes — Quantitative indicators that can be used by the department to objectively measure a provider's performance toward a stated goal. (6) Outputs — Process measures of the quantity of services delivered, clients served, or similar units completed. (7) Performance Measures - Quantitative indicators, outcomes and outputs, that can be used by the department to objectively measure a provider's performance. (8) Service Providers. Private, for - profit, nonprofit or local government agencies desiLmated to provide coordination of care for eligible clients. PSA1A1 # GA07 Monroe County KG066 07/01 /2011 Community- Care for Disabled Adults /Fixed Price Adult Services Program Service Providers can be case management providers, direct service providers, or both. 2. General Description a. General Statement. The Community Care for Disabled Adults (CODA) Program is designed to assist disabled adults, age eighteen (18) through fifty - nine (59), in utilizing available community and personal resources enabling them to remain in their own homes, and preventing their premature or inappropriate institutionalization. b. Authority. Sections 410.601 - 410.606, Florida Statutes, Chapter 65C -2, Florida Administrative Code, and the annual appropriations act, with any proviso language or instructions to the department, constitute the legal basis for services to be delivered through the CCDA program. C. Scope of Service. Services will be for eligible adults in Monroe County. d. Major Program Goal. Under this contract, the CCDA program provides link to community -based services that are designed to prevent inappropriate institutionalization of disabled adults. 3. Clients to be Served. a. General Description Adults with disabilities, age eighteen (18) through fifty -nine (59), who are no longer eligible to receive children's services, and are too young to qualify for community and home -based services for the elderly, may be served under the provisions of this contract. b. Client Eligibility (1) Applicants must have one or more permanent physical or mental limitations, that restrict the ability to perform normal activities of daily living, as determined through the initial functional assessment and medical documentation of disability. Determination of a permanent disability must be established and evidenced in one of the following manners: (a) An applicant may present a check, award letter, or other proof showing receipt of Social Security Disability Income, or some other disability payment (e.g., Worker's Compensation); or (b) An applicant may present a written statement from a licensed physician, licensed nurse practitioner, or mental health professional. which meets the Region's criteria for evidence of a disability. This PSN1A1 # GA07 Nlonroe Counh 10 KGO66 07/01/2011 Community Care for Disabled Adults /Fixed Price Adult Services Program written statement must, at a minimum, include the applicant's diagnosis, prognosis, a broad explanation of level of functioning, and the interpretation of need for services based on identified functional barriers caused by the applicant's disabling condition. (2) Applicants must have an individual income at or below the prevailing MICP eligibility standard in order to receive free CCDA services. (3) Applicants with incomes above the standard will be assessed a fee for a share of the costs, or may be required to provide volunteer services in lieu of payment. C. Client Determination (1) Clients will be assessed for eligibility determination, and prioritized for services by department case management staff, in accordance with subsection 410.604 (2), Florida Statutes. (2) The department will make the final determination of client eligibility. d. Contract Limits (1) The total annual cost estimated or actual, for an individual receiving CCDA services, shall not exceed the average, annual general revenue portion of a Medicaid nursing home bed within the Regional area. (2) Clients must not be receiving comparable services from any other entity. In order to prevent duplication of services, client files must contain documentation verifying that all comparable community services and funding sources have been explored and exhausted. (3) To the extent that funds are available, the provider will receive referrals for clients on whom the Human Service counselors have completed an Adult Services Screening for Consideration for Community Based Programs, Exhibit A B. Manner of Service Provision 1. Service Tasks a. Task List (1) Service providers will ensure that appropriate community -based services are provided to clients in a manner designed to meet the client's changing needs, to assist the client in avoiding or reducing unnecessary dependence on the delivered service(s), and to increase the client's self - reliance. PSMAI # GA07 Monroe County l l KG066 07/01/2011 Community Care for Disabled Adults /Fixed Price Adult Services Program (2) The following tasks shall be performed under this contract: Case Management, Personal Care, Homemaking and Home Delivered Meals. (3) Details of services to be provided under this contract and the negotiated parameters of those services include: Case Management to be performed by provider staff, Personal Care and Homemaker services to be performed by subcontracted vendor. Home Delivered Meals to be purchased through subcontract and then delivered by provider staff. (4) Each Regional CCDA program must include case management services and at least one other community service. b. Task Limits The following task limits apply only to the services specified above. (1) Respite Care services may be provided for up to two hundred forty (240) hours per client per calendar year, depending upon individual need. The service may be extended to three hundred sixty (360) hours, as recommended by the case manager and approved by an immediate supervisor. Documentation of approval must be evident in the case narrative section of the case manager's file. (2) Personal Care services will not substitute for the care usually provided by a registered nurse, licensed practical nurse, therapist, or home health aide. The personal care aide will not change sterile dressings, irrigate body cavities, administer medications, or perform other activities prohibited by Chapter 59A -8, Florida Administrative Code. (3) Homemaker service time does not include time spent in transit to and from the client's place of residence except when providing shopping assistance, performing errands or other tasks on behalf of a client. (4) Several restrictions apply to persons providing Homemaker service activities. Persons providing services must not: (a) engage in work that is not specified in the referral from the case manager; (b) accept gifts or lend or borrow money from clients; (c) handle client money, unless authorized in writing by a supervisor or case manager (documented in the personnel file) and unless bonded or insured by the employer; PSMA1 # GA07 Monroe ('onnty 12 KG066 07/01 /2011 Community Care for Disabled Adults /Fixed Price Adult Services Program (d) transport clients, unless authorized in writing by a supervisor or case manager. (5) The parameters of service delivery, by type of service, are detailed in CFOP 140 -8, Community Care for Disabled Adults Operating Procedures. (6) Region task limits, which exceed those in CFOP 140 -8, Community Care for-Disabled Adults Operating Procedures, and are distinctive to this contract, are listed here: None. 2. Staffing Requirements a. Staffing Levels (1) The provider will meet the minimum staffing requirements for each service, as specified in CFOP 140 -8, Community Care for Disabled Adults Operating Procedures. (2) The provider will notify the department, in writing, within thirty calendar (30) days whenever the provider is unable, or expects to be unable to provide the required quality or quantity of service due to staff turnovers or shortages. b. Professional Qualifications The provider will ensure that staff meets the professional qualifications for each service, as specified in CFOP 140 -8, Community Care for Disabled Adults Operating Procedures. C. Staffing Changes The provider agrees to notify the department's contract manager within two (2) working days if a key administrative position (e.g., executive director) becomes vacant. Planned staffing changes that may affect service delivery, as stipulated in this contract, must be presented in writing to the contract manager for approval at least ten (10) working days prior to the implementation of the change. d. Subcontractors This contract allows the provider to subcontract for the provision of the following services under this contract: Personal Care, Homemaker and Home Delivered Meals. The provider may not subcontract services not listed. All subcontracting is subject to the provisions of Section 12 of the Standard Contract. PSMAI # GA07 itilonrue County 13 KC066 07/01/2011 3. Service Location and Equipment Community Care for Disabled Adults /Fixed Price Adult Services Program a. Service Delivery Location and Times (1) Services for this contract will be delivered at the following Iocations and times: SERVICE LOCATION TIMES Case Management Client's Home As Needed Personal Care Client's Home As Needed Homemaker Client's Home As Needed Home Delivered Meals I Client's Home As Needed (2) CCDA services may be delivered in the client's home or on -site at a facility, as negotiated by the department and the provider. (3) Facilities delivering on -site services to clients shall pass an annual inspection by the local environmental health and fire authorities. (4) Service providers will meet the minimum service location and time requirements as specified in CFOP 140 -8, Community Care for Disabled Adults Operating Procedures. b. Changes in Location The provider must notify the department of changes in the location of service delivery. Once the service delivery location is agreed upon, any proposed change must be presented in writing to the contract manager for approval, ten (10) working days prior to implementation of that proposed change. In the event of an emergency, temporary changes in location may necessitate waiver of this designated standard by the Region's program office. Such a waiver will take into consideration the continuity, safety, and welfare of the department's clients, and is at the department's sole discretion. C. Equipment (1) If equipment is applicable to a specific provider's contract, the provider must submit an equipment listing (Exhibit N /A) to the department which lists the equipment. The equipment required to perform the contracted services must be negotiated by the department and the provider. To ensure uniformity, safety, and quality of service to clients, any requests for equipment change must be presented in writing to the contract manager for approval at least ten (10) days prior to any proposed change. PSMAI # GA07 Nlonroe CountN 14 KG066 07/01/2011 Community Care for Disabled Adults /Fixed Price Adult Services Program (2) The provider must inventory all equipment acquired under this contract annually. The inventory list must be made available within seven (7) days upon receipt of written request by the contract manager. The provider must list the items of equipment on the equipment listing (Exhibit N /A), as applicable to the provider's contract for specific services. 4. Deliverables a. Service Units A service unit is an appropriate, distinct amount of given service, which may include, but is not limited to, an hour of direct service delivery; a meal; an episode of travel; or a twenty -four (24) hour period of Emergency Alert Response maintenance, as defined in CFOP 140 -8, Community Care for Disabled Adults Operating Procedures. All service units, as well as their description and costs, are listed in CFOP 140 -8, Community Care for Disabled Adults Operating Procedures. b. Records and Documentation (1) Client Records (all clients) Providers shall maintain information on each client served by this contract, which includes the following: (a) documentation of the client by name or unique identifier; (d) current documentation of eligibility for services; (e) dates of service provision and delivery; (d) information documenting the client's need to receive services; (e) the number of service units provided; and (f) all other forms or records necessary for program operation and reporting, as set forth by the department. (2) Case Management Client records. Case management agency individual client files shall contain the following: (a) a completed client assessment (no more than one (1) year old): (b) a care plan (no more than one (1) year old); PSMAI # GA07 Monroe County 15 KG066 07/01/2011 Community Care for Disabled Adults /Fixed Price Adult Services Program (c) a release of information form; (f) a copy of a completed Adult Services Information System (ASIS) form; (e) documentation of the client's age, disability, and income; (f) a completed and scored copy of the Adult Services Screening for Consideration for Community Based Services; and (g) a case narrative. (3) Providers must ensure that all client records accurately match the invoices submitted for payment. Records must cross reference to each invoice for payment. (4) Providers must maintain documentation necessary to facilitate monitoring and evaluation by the department. (5) The case management provider must maintain documentation in the client's file that all comparable community services and funding sources have been explored and exhausted before using CCDA funding. C. Reports Report Title Reporting Report Date Number DCF Office addresses Frequency Due of copies to receive report due Monthly Monthly The la of two Contract Cumulative month Manager Summary immediately & Report following the Program report period Office Reporting requirements for this contract include: (1) Exhibit B, Monthly Cumulative Summary Report. Regions will negotiate with the provider on specific submission requirement criteria for these reports. (2) In the event of early termination of this contract, the provider will submit the final Monthly Cumulative Summary Report within forty -five (45) days after the contract is terminated. PSMAI # GA07 Monroe Counts 16 KC066 07/01/011 Communitv Care for Disabled Adults /Fixed Price Adult Services Program (3) Acceptance of Reports. Where the contract requires the delivery of reports to the department, mere receipt by the department shall not be construed to mean or imply acceptance of those reports. It is specifically intended by the parties that acceptance in writing of required reports shall constitute a separate act. The department reserves the right to reject reports as incomplete, inadequate, or unacceptable according to the parameters set forth in the contract. The department, at its option, may allow additional time within which the provider may remedy the objections noted by the department or the opportunity to complete, make adequate, or acceptable, or declare the resulting contract to be in default. 5. Performance Specifications Performance Measures (1) Ninety eight percent (98 %) of adults with disabilities receiving services will not be placed in a nursing home. (2) 25: # of qualified disabled adults (ages 18 -59) provided case management. (3) 3: # of qualified disabled adults (ages 18 -59) in the CCDA and Aged and Disabled Adults (ADA) Medicaid Waiver Programs. b. Description of Performance Measurement Terms Placed: The result of an assessment of an individual who is no longer able to remain in his present place of residence. (To place a client involves preparation for and follow up of moving a client into a more restrictive alternative living environment). Performance Evaluation Methodology Measuring Outcomes. The department will measure the outcomes found in paragraph B.5.a. above as follows: (1) The outcome measurement contained in paragraph B.5.a. (1) above will be calculated by dividing the total, fiscal year -to -date number of clients in the Community Care for Disabled Adults, Home Care for Disabled Adults, Cystic Fibrosis, and Medicaid waiver programs not transferred to a nursing home, by the total, fiscal year -to -date number of clients in the Community Care for Disabled Adults, Home Care for Disabled Adults. Cystic Fibrosis, and Medicaid wavier programs. (2) The outcome measurement contained in paragraph B.5.a. (2) above will be calculated by the total number of clients actively receiving case PSn1Al # GA07 Monroe Count% 17 KG066 07/01 /2011 Community Care for Disabled Adults /Fixed Price Adult Services Program management from the Community Care for Disabled Adults, Home Care for Disabled Adults, Cystic Fibrosis, and Medicaid waiver programs. (3) The outcome measurement contained in paragraph B.5.a (3) above will be calculated by the total number of clients actively receiving daily living services from the Community Care for Disabled Adults and the Medicaid waiver programs. d. By execution of this contract the provider hereby acknowledges and agrees that its performance under the contract must meet the standards set forth above and will be bound by the conditions set forth in this contract. If the provider fails to meet these standards, the department, at its exclusive option, may allow up to six months for the provider to achieve compliance with the standards. If the department affords the provider an opportunity to achieve compliance and the provider fails to achieve compliance within the specified time frame, the department must cancel the contract in the absence of any extenuating or mitigating circumstances. The determination of the extenuating or mitigating circumstances is the exclusive determination of the department. 6. Provider Responsibilities a. All Providers Unique Activities Health Insurance Portability and Accountability Act. If required by 45 CFR Parts 160, 162, and 164, the following provisions shall apply [45 CFR 164.504(e)(2)(ii)]: (1) The provider hereby agrees not to use or disclose protected health information (PHI) except as permitted or required by this contract, state or federal law. (2) The provider agrees to use appropriate safeguards to prevent use or disclosure of PHI other than as provided for by this contract or applicable law. (3) The provider agrees to report to the department any use or disclosure of the information not provided for by this contract or applicable law. (4) The provider hereby assures the department that if any PHI received from the department, or received by the provider on the department's behalf, is furnished to provider's subcontractors or agents in the perfonnance of tasks required by this contract, that those subcontractors or agents must first have agreed to the same restrictions and conditions that apply to the provider with respect to such information. PSMAI # GA07 Monroe Count% 18 KG1166 07/01/2011 Communitv Care for Disabled Adults /Fixed Price Adult Services Program (5) The provider agrees to make PHI available in accordance with 45 C.F.R. 164.524. (6) The provider agrees to make PHI available for amendment and to incorporate any amendments to PHI in accordance with 45 C.F.R. 164.526. (7) The provider agrees to make available the information required to provide an accounting of disclosures in accordance with 45 C.F.R. 164.528. (8) The provider agrees to make its internal practices, books and records relating to the use and disclosure of PHI received from the department or created or received by the provider on behalf of the department available for purposes of determining the provider's compliance with these assurances. (9) The provider agrees that at the termination of this contract, if feasible and where not inconsistent with other provisions of this contract concerning record retention, it will return or destroy all PHI received from the department or received by the provider on behalf of the department, that the provider still maintains regardless of form. If not feasible, the protections of this contract are hereby extended to that PHI which may then be used only for such purposes as make the return or destruction infeasible. (10)A violation or breach of any of these assurances shall constitute a material breach of this contract. b. Direct Service Provider Unique Activities (1) The provider will be required to use volunteers to the fullest extent feasible in the provision of services and program operations. The provider is required to train, supervise, and appropriately support all volunteers with insurance coverage. (2) The provider will maintain an accurate and current active caseload list. (3) The provider will maintain a current monthly billing ledger of all provider claims submitted to the case management agency or Adult Services local office, including all corrected claims and adjustments to claims for services that were delivered to consumers being served through this contract. (4) The provider will notify the case management agency or Adult Services local office of all service terminations, service increase requests and monthly expenditure trends with regards to the terms of this contract. PSNIAI # CA07 Monroe Countn 19 KG066 07/01/2011 Communih Care for Disabled Adults /Fixed Price Adult Services Program (5) The provider will explain to each individual requesting consideration for CCDA services that the program maintains a centralized Waiting List on which the individual will be placed according to his or her score received throu(_) an Adult Services Screening conducted by an Adult Services counselor. (6) The provider shall provide to individuals requesting services a contact name and phone number to the nearest Adult Services Region Office. C. Case Management Provider Unique Activities (1) The case management provider will accept all referrals through the Adult Services Regional Program Office. (2) The case management provider will complete ongoing face -to -face assessments on all pre- screened individuals referred by the Adult Services Regional Program Office for service consideration and program application, using the Adult Services Client Assessment, CF -AA 3019. (3) The case management provider will maintain an accurate and current active caseload list. (4) The CCDA case management provider will maintain a current monthly billing ledger of all provider claims submitted to the agency or the local Adult Services office, including all corrected claims and adjustments to claims for services that were delivered to consumers being served through this contract. (5) The CCDA case management agency will notify the local Adult Services office of all service terminations, service increase requests, Exhibit C, and monthly expenditure trends with regards to the terms of this contract. (6) The case management provider will explain to each individual requesting consideration for CCDA services that the program maintains a centralized Waiting List on which the individual will be placed according to his or her score received through an Adult Services Screening. (7) The case management provider shall provide to individuals requesting services a contact name and phone number to the nearest Adult Services Region Office. d. Coordination with Other Providers /Entities The case management provider must coordinate, as necessary, with the Agency for Persons with Disabilities, the Department of Children and PSMAI # GA07 Monroe Count% 20 KG066 07/01/2011 Community Care for Disabled Adults /Fixed Price Adult Services Program Families, the Department of Education, the Department of Health, and the Florida Statewide Advocacy Council, to serve those clients who are eligible for services through two (2) or more service delivery continuums. zn 7. Departmental Responsibilities a. Department Obligations (1) The department will supply all new providers with a copy of the Community Care for Disabled Adults Operating Procedures, CFOP 140 -8. (2) The department will provide CCDA technical assistance to the provider, relative to the negotiated terms of this contract and instructions for submission of required data. b. Department Determinations Should a dispute arise, the department will make the final determination as to whether the contract terms are being fulfilled according to the contract specifications. c. Monitoring Requirements The provider will be monitored in accordance with existing departmental procedures (CFOP 75-8). C. Method of Payment 1. Payment Clause a. This is a fixed price (unit cost) contract. The department shall pay the provider for the delivery of service units provided in accordance with the terms of this contract, subject to the availability of funds. b. The department shall make payments to the provider for the provision of services up to the maximum number of units of service at the rates shown below. c. The department agrees to pay for the service units at the unit price(s) and limits listed below. FY 2010 -2011 Service Service Unit =Unit Price Case Management Hour $49.89 Personal Care Hour 525.28 Homemaking Hour 521.79 Home Delivered Meals Meal S 6.30 PSMAI # GA07 Monroe County 21 KG066 07/01/2011 Community Care for Disabled Adults /Fixed Price Adult Services Program d. The provider's dollar match for this contract is 89,081.00 and maybe cash or in kind resources. 2. Invoice Requirements The provider shall request payment through submission of a properly completed Monthly Request for Payment and Expenditure Report, Exhibit D, within 15 days following the end of the month for which payment is being requested. The provider shall submit to the contract manager an original Monthly Request for Payment and Expenditure Report, Exhibit D, and no copies, along with supporting documentation. Payment due under this contract will be withheld until the department has confirmed delivery of negotiated services. Payments may be authorized only for service units on the invoice which are in accordance with the above list and other terms and conditions of this contract. The service units for which payment is requested may not either by themselves, or cumulatively by totaling service units on previous invoices, exceed the total number of units authorized by this contract. 3. Supporting Documentation a. It is expressly understood by the provider that any payment due the provider under the terms of this contract may be withheld pending the receipt and approval by the department of all financial and program reports due from the provider as a part of this contract and any adjustments thereto. Requests for payment, which cannot be documented with supporting evidence, will be returned to the provider upon inspection by the department. b. The provider must maintain records documenting the total number of recipients. and names (or unique identifiers) of recipients to whom services were provided and the dates the services were provided so that an audit trail documenting service provision can be maintained. D. Special Provisions 1. Fees a. The case management provider will collect fees for services provided according to Rule 65C- 2.007, Florida Administrative Code. b. No fees shall be assessed other than those established by the department. Fees collected in compliance with the department directives will be reinvested in a manner prescribed by the department. PSMAI # CA07 Monroe Count, 22 KGU66 07/01/2011 3. Transportation Disadvantaged Communit% Care for Disabled Adults /Fixed Price .Adult Services Program The provider agrees to comply with the provisions of Chapter 427, Florida Statutes, Part I, Transportation Services, and Chapter 41 -2, F.A.C., Commission for the Transportation Disadvantaged, if public funds provided under this contract will be used to transport clients. 3. MyFloridaMarketPlace Transaction Fee This contract is exempt from the MyFloridaMarketPlace Transaction Fee in accordance with Chapter 60A- 1.032(1) (e), Florida Administrative Code. 4. Incident Reporting The provider is required to document all reportable incidents, as defined in CFOP 215 -6, Incident Reporting and Client Risk Prevention, which is incorporated herein by reference. For each critical incident occurring during the administration of its program, the provider must, within 24 hours of the incident, complete and submit an Incident Report (Exhibit E) to the contract manager for this contract. A copy of the incident report must also be placed in a central file marked "Confidential Incident Report". Dissemination of the report within the department will be the responsibility of the Department's contract manager. Incidents that threaten the health, safety or welfare of any person or that place any person in imminent danger must be reported immediately to the department contract manager by telephonic contact. The information contained in the incident report is confidential. The dissemination, distribution or copying of the report is strictly prohibited, unless authorized by the department. 6. Mandatory Reporting Requirements The provider and any subcontractor must comply with and inform its employees of the following mandatory reporting requirements. Each employee of the provider, and of any subcontractor, providing services in connection with this contract who has any knowledge of a reportable incident shall report such incident as follows: 1) reportable incidents that may involve an immediate or impending impact on the health or safety of a client shall be immediately reported to the contract manager; and 2) other reportable incidents shall be reported to the department's Office of Inspector General by completing a Notification /Investigation Request (form CF 1934) and emailing the request to the Office of Inspector General at 'u comhlaints(u.dcf.statc. fl. us . The provider and subcontractor may also mail the completed form to the Office of Inspector General, 1317 Winewood Boulevard, Building 5, 2' Floor, Tallahassee, Florida, 32399 -0700; or via fax at (850) 488 -1428. A reportable incident is defined in CFOP 180 -4, which can be obtained from the contract manager PSNIAl # GA07 Monroe Count% 23 KG060 07/01/2011 Community Care for Disabled Adults /Fixed Price Adult Services Program J . Contract Term The department and the provider agree that this contract shall be for a one year term, at the provider's request. 8. Employment Eligibility Verification a. Definitions. As used in this clause — (1) "Employee assigned to the contract" means all persons employed during the contract term by the provider to perform work pursuant to this contract within the United States and its territories, and all persons (including subcontractors) assigned by the provider to perform work pursuant to this contract (2) "Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract. It includes but is not limited to purchase orders, and changes or modifications to purchase orders. (3) "Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contract recipient or another subcontractor. b. Enrollment and verification requirements. (1) The provider shall — (a) Enroll as a provider in the E -Verify program within 30 calendar days of contract award; (b) Within 90 calendar days of enrollment in the E -Verify program, begin to use E -Verify to initiate verification of employment eligibility. All new employees assigned by the provider /subcontractor to perform work pursuant to the contract with the department shall be verified as employment eligible within 3 business days after the date of hire; and (2) The provider shall comply, for the period of performance of this contract, with the requirement of the E -Verify program enrollment. (a) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the provider's enrollment and deny access to the E -Verify system in accordance with the terms of the enrollment. In such case, the provider will be referred to a DHS or SSA suspension or debarment official. (b) During the period between termination of the enrollment and a decision by the suspension or debarment official whether to suspend or debar, the provider is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the provider then the provider must reenroll in E- Verify. (3) Information on registration for and use of the E -Verify program can be obtained via the Internet at the Department of Homeland Security Web site: httn:''wv, E- Verift . PSb1Al # GA07 Monroe County 24 KGO66 07/01/2011 Community Care for Disabled Adults /Fixed Price Adult Services Program (4) The provider is not required by this clause to perform additional employment verification using E -Verify for any employee whose employment eligibility was previously verified by the provider through the E -Verify program. (5) Employees assigned to and performing work pursuant to this contract prior to February 04, 2011 do not require employment eligibility verification through E- verify. (6) Evidence of the use of the E -Verify system will be maintained in the employee's personnel file. (7) The provider shall include the requirements of this clause, including this paragraph (7) (appropriately modified for identification of the parties), in each subcontract. E. List of Exhibits 1. Exhibit A, AS Screening for Consideration for Community -Based Programs 2. Exhibit B, CCDA Monthly Cumulative Summary Report 3. Exhibit C, Request for Approval of CCDA Care Plan Services Increase 4. Exhibit D, Monthly Request for Payment and Expenditure Report 5. Exhibit E, Incident Report PSNIAI # GA07 Monroe CoumN 25 KG06b Exhibit A PART 1. Name: AS Screening for Consideration for Community -Based Programs 2. Address: A. Date of Referral (Initial Contact): B. I ! Walk In ❑ Phone ❑ Other: C. Referral Source (include phone number): District/Region: 3. Phone: 4. Race: Gender: Age /DOB: 5. Marital Status: 6. Social Security Number: 7. Primary Language: S. Medicaid ❑ Number: 11. Financial: (for Placement & Supportive Services only) $ (SSDI) $ (SSI) $ (Workers Comp) $ (Other) $ (Other) 14. Problem /Diagnosis: 15. How Long a Problem? 17. Services Requested: 18. Other Agencies Contacted for Help: 16. Urgency of Need: 19. AS Counselor's Signature: Date: 20. Disposition: ❑ Protective Intervention Placement ❑ Protective Intervention Supportive Services ❑ Short-Term Case Mgmt. % Information & Referral i CCDA Application ❑ ADA Medicaid Waiver Application ❑ HCDA Application CCDA Waiting List - Score ❑ ADA Medicaid Waiver Waiting List - Score [--7 HCDA Waiting List - Score 21. Due Process Pamphlet (CF /PI 140 -43) Given /Mailed by: Date: 22. Given to Supervisor for Review by: Date: 23. Reviewed /Approved by: Date: 24. PART I sent to: Date: By: 25. Referred to AS Counselor /Case Manager: -AA '022, DDF +0J2005 D. Relationship to Individual Being Referred: E. Is Individual Aware of Referral? ❑ Yes ❑ No 9. Medicare ❑ Number:, 10. Other Insurance: 12. Other Essential Person(s): physician, family member(s), POA, guardian, caregiver (include address and phone number) Emergency Contact (and phone): 13. Directions to Home (as needed): Date: Page 1 of 4 26 PART II FUNCTIONAL ASSESSMENT (ADLs AND AADLs) 26. Check sources of information used for FUNCTIONAL ASSESSMENT Section. F7 Individual Requesting Services ❑ Other (specify): 27. Has individual requesting services had any ongoing problems with memory or confusion that seriously interfere with daily living activities? Describe: Indicate name and phone number of physician /other who is treating individual for memory/confusion problem(s): (Address all questions to the individual requesting services if possible. The purpose of these questions is to determine actual ability to do various activities. Sometimes, caregivers help the individual with an item regardless of the person's ability. Ask enough questions to make sure the individual requesting services is telling you what he/she can or cannot do.) Response Definitions: No help: Individual can perform activity without assistance from another person. Some help: Needs physical help, reminders or supervision during Part of the activity. Can't do it at all: Individual cannot complete activity without total physical assistance from another person. Total Score: Add numbers from "Some help" and "Can't do it at all" columns to points given in question #33, and put sum in Total Score boxes. ACTIVITIES OF DAILY LIVING (ADLs) (Read all choices before taking answer) Would you say that you need help from another person? (Does not include assistance from devices) 0 = No help 2 = Some help 3 = Can't do it at all Comments /Care Plan Implications: (Include services. suDDlies, equipment, etc.) 28. Dressing (includes getting out clothes and putting them on and fastening them, and putting on shoes) 0 29. Bathing (includes running the water, taking the bath or shower and washing all parts of the body including 0 hair 30. Eating (includes eating, drinking from a cup and cutting foods) 0 31. Transferring (includes getting in and out of a bed or chair) 0 32. Toileting (independently includes adjusting clothing, getting to and on the toilet, and cleaning one's self. If 0 accidents occur and person manages alone, count it as independent. If reminders are needed to clean up, change diapers, or use the toilet this counts as some hel 33. BladdedBowel Control - How well can you control your bladder or bowel? 0 — Never have accident (0) — Occasionally have accidents (2) Enter Score — Often have accidents (3) — Always have accidents (4 ADL Total Score (Total possible score = 19) 0 ==_ge 2 :f 4 27 INSTRUMENTAL ACTIVITES OF DAILY LIVING (IADLs) (Read all choices before taking answer) Would you say that you need help from another person? (Does not include assistance from devices) 0 = No help 1 = Some help 2 = Can't do it at all Comments /Care Plan Implications: (Include services, supplies, equipment, etc.) 34. Transportation Ability (includes using local transportation, paratransit, or driving to places beyond 0 Yes walking distance) NOTES Do you receive ... 35. Prepare Meals (includes preparing meals for yourself including sandwiches, cooked meals and TV dinners) 0 36. Housekeeping (dusting, vacuuming, sweeping, Assistance (bathing, laundry) 0 dressing, getting out of IADL Total Score (Total possible score = 6) SUPPORT AND SOCIAL RESOURCES OF INDIVIDUAL REQUESTING SERVICES (No Score for Questions 37-46) 37. Check source(s) of information used for this section. ❑ Individual Requesting Services ❑ Other (specify): SERVICES /HELP Yes No NOTES Do you receive ... 38. Personal Care Assistance (bathing, dressing, getting out of bed, toileting and eating) 39. Housekeeping (laundry, cleaning, meals, etc) 40. Transportation 41. Shopping /Errands 42. Personal Finances (money management) 43. Services from a health professional such as an RN or Therapist? 44. Adult Day Care 45. Home delivered meals (Formal only) l 46. Any other kind of help (Specify) I i page 3 of 4 28 PART III - SCORING MATRIX For items 1,2,3,4,5 and 6 in the scoring matrix below, enter the value (in parenthesis) following the question response which corresponds to the response obtained during the interview or through reviews. Example: If the answer was "yes" to the question "Is individual homebound ? ", a score of 1 point is placed on the line next to the answer line marked "Yes." For item 7, enter the score for ADLs and IADLs from the screening form. For item 8, subtract 40 points if the individual interested in HCDA or CCDA services appears eligible or is receiving comparable services from other programs. See the Adult Services Waiting List Policy for Community -Based Programs for a definition /description of "comparable services." Comments From Individual Requesting Services That May Result in Re- Adjustment of Score: Total Score: Add and subtract (as appropriate) the individual scores for each item to determine the total score and place the score in the box marked Total Score. TOTAL SCORE (Total Possible Score = -40 to +40) CCDA ADA MW HCDA 0 0 0 ;�age 4 of 4 29 Domain /Question Score 1. Is individual requesting services a victim and at high risk of abuse, neglect, or exploitation based on Protective Investigator's report? Yes (4 pt.) 2. Is individual requesting services a victim and at intermediate risk of abuse, neglect, or exploitation based on Protective Investigator's Report? Yes (2 pt.) 3. Does individual live alone or is individual solely responsible for minor children (under the age of 12) in the home? Yes (1 pt.) 4. Is individual homebound? (See AS Screening for Consideration for Community -Based Programs INSTRUCTIONS for definition of Yes (1 pt.) homebound.) 5. Does individual have ongoing memory/confusion problems? Yes (2 pt.) 6. Is individual receiving SSI or SSD because of primary diagnosis of sensory impairment? Yes (3 pt.) 7. Functional Assessment: ADLs ............ ............................... 0 (enterADL total score) IADLs .......... ............................... 0 (enter IADL total score) 8. Support for Individual Requesting Services: Does individual currently receive help /services (formalfinformal) in ADL or IADL deficit areas noted? No help (4 pt.) Help is available but overall inadequate or changing, fragile or problematic (2 pt.) Help is adequate overall in deficit areas (0 pt.) For HCDA and CCDA Programs Only: Individual appears eligible or is receiving comparable services from other departmental programs, APD, or vocational rehabil- itation. (Does not include AS programs — see waiting list policy for definition of "comparable services. ") Specify program(s) to which individual is being referred for eligibility determination and steps taken to refer individual to other program(s). I Minus 40 pt. TOTAL SCORE (Total Possible Score = -40 to +40) CCDA ADA MW HCDA 0 0 0 ;�age 4 of 4 29 w 0 0 rn E-K n co cG 0 0 m CL 0 m 0 R 3 CL N o' 3 N 0 a CD m CL W m c� CD 0 n 0 3' v m � N 0 v rn M v� v < m 00 O= �m 0 = C) m� 0s Z mp O-< �O O= �m K m ° z O -1 z = o m W r r G) , 1 O X '^ V/ m 0 � D m ic Cf) Z c i m = r m X 0 m C v � 0 O C r v D o m C c ? z D m m TI O 0 X cn co r p Dmv� zmom p c <o0 (n rz Z O ( - ) m�= Z fir. m. C Z O z T m T / N VJ m x W co CJ� W N O CD PO - O U7 A W N 2. z 3 0 CDv CDn �N a� m CD CD m co < O Co. W a x o m 0 v O m o M z 2 G I 0 ID 0 0 N N T ^ M 4t � a Qo m� �c W w O "? rn n o N o m W r r G) , 1 O X '^ V/ m 0 � D m ic Cf) Z c i m = r m X 0 m C v � 0 O C r v D o m C c ? z D m m TI O 0 X cn co r p Dmv� zmom p c <o0 (n rz Z O ( - ) m�= Z fir. m. C Z O z T m T / N VJ m x W co Exhibit C Request for Approval of CCDA Care Plan Services Increase Fart t: K@C►plent rnrormativn Name: Last name, first name, middle name or initial Date of birth: Social security number: Medicaid /Medicare Medical assistance number. Current Address: Address where services will be received: County: County: Status (Transfer /Existing): Describe reason for service funding increase. If individual is a transfer, indicate originating district/agency: An Adult Services client reassessment was completed on b and respective revised care plan revisions made on If individual is an existing consumer with your agency, indicate current monthly authorized units of service by by , to service type(s): reflect that this Recipient is justifiably in need of increased Service(s) based on (check all situations which apply): ❑ Failing Support System ❑ Decrease in Functional Capacity Rapidly Deteriorating Health Medicaid waiver eligibility date: rroviaer nnurn1auvn Agency name: Agency contact person: Agency address: Phone: Fax: E -mail address: Part II: Summary of Recipient's Presenting Situation. (Refer to form instructions for details about the type of information required here. Use the space below or include attachment.) Part 111: Proposed New Service Request. (Please indicate the new care plan services being requested and the corresponding, anticipated service start dates. Service Anticipated start date Service Anticipated start date 31 KG066 Part IV: Specific Description of Proposed New Service(s) As Tailored To Meet Recipient's Need. (Refer to the form instructions for details about the type of information required here. Use the space below or include attachment.) Part V: Cost Detail for Proposed New Care Plan Service(s). A. Attach a Cost Detail page for each service requested in Part III. Each Cost Detail page should reflect the total annual cost of serving the consumer for that service type. Part VI: Care Plan Modification of Number of Service Units. The Budget Entity Team will not consider authorization to increase service unit quantity of an authorized service on a Recipient's care plan for any of the following documented reasons unless this section is accurately and fully completed. [To justify unit service rates, please present comparative information: unit rate quotes from a minimum of three other service agencies providing this same service within a ten mile radius; reasons for choosing this specific vendor; a statement attesting to the fact that selected vendor is a sole source provider of this service in this geographic area, etc. Attach information as necessary (e.g., agency administrative costs, your agency salary scale, etc.). Refer to the form instructions.] ❑ Failing Support System: List proposed add -on number of monthly service units by service component with annualized service costs projected to safely maintain Recipient at home and to ameliorate this risk factor. ❑ Decrease in Functional Capacity: List proposed add -on number of monthly service units by service component with annualized service costs projected to safely maintain Recipient at home and to ameliorate this risk factor. ❑ Rapidly Deteriorating Health: List care plan add -on number of monthly service units by service component with annualized service costs projected to safely maintain Recipient at home and to ameliorate this risk factor. Part VII. Signatures. (Please note: Final approval of all requests for Care Plan increases rest with the Budget Entity Team. o_,...:a,......,ai .e ., e M I ester frnm the Bind et Entity Taam (or nne of its members) when the Dian has been aomoved.) Provider Agency: (Signature indicates that the information presented in this Request for Care Plan Services Date: Increase and attachments are accurate and complete.) Recl pie nt/Representative: (Signature indicates that the Recipient /Representative has reviewed the Request for Date: Care Plan Services Increase and attachments.) District/Regional Program Staff: (Signature indicates that the district /regional program staff and provider have Date: agreed upon the services to be funded.) I District/Regional Adult Services Program Director: (Signature indicates district /regional approval of the Service Date: Funding Plan.) 32 KG066 EXHIBIT D DEPARTMENT OF CHILDREN AND FAMILIES ADULT SERVICES OFFICE MONTHLY REQUEST FOR PAYMENT AND EXPENDITURE REPORT PROVIDER FED. ID # NAME AND MAILING ADDRESS OF PAYEE: CONTRACT AMNT.: REIMBURSEMENT YTD.: CONTRACT BALANCE: DATE: CONTRACT #: PERIOD OF SERVICE PROVISION: NAME OF SERVICE OR DESCRIPTION OF MATERIALS UNITS/ QUANTITY AMOUNT PER UNIT/ EPISODE TOTAL AMOUNT DUE TOTAL MATCH REQUIRED FOR CONTRACT: THIS MNTH. YTD. TOTAL PAYMENT REQUESTED Ch Hlo Nda on- pa,cr -nc oT ildren &Families LOCAL CASH MATCH LOCAL IN -KIND TOTAL DEDUCTIONS 11 REMAINING MATCH BALANCE" - j - I qf SIGNITURE OF PREPARER DATE COMPLETED, APPROVED BY TITLE 'IF THIS INVOICE IS FOR A FIXED PRICE CONTRACT, THE REQUEST FOR PAYMENT WILL BE DETERMINED BY DIVIDING THE LENGTH OF THE CONTRACT INTO THE CONTRACTED AMOUNT (EX.- $12,000(ALLOCATION] DIVIDED BY 12 MONTHS [THE LENGTH OF THE CONTRACT] = $1,000 PAYMENT REQUEST) ON A COST REIMBURSEMENT CONTRACT THE PAYMENT REQUEST WILL BE THE MONTHLY REQUEST EXPENSE. CHILDREN AND FAMILIES USE ONLY DATE INV. RCD. APPROVED BY: DATE ORG EO OBJ DESC. AMNT. OCA 33 KG066 '{q KlcYrida Cwq a ,a t of Children & Families t Circuit 11 & 16 INCIDENT REPORT Exhibit E CONFIDENTIAL WARNING: The information contained in this report is confidential. You are hereby notified that dissemination, distribution, or copying of this document is strictly prohibited, unless authorized by the Department of Children & Families. Reporting Party Phone #: Reporting Party Name Date of Incident / / Time of Incident Specific Program: check all that apply ❑AMH ❑AS ❑ASA ❑CMH ❑CSA ❑DA ❑DC ❑DD ❑ ESS ❑ FS Please respond to one of the following as appropriate. a. Contract Provider Name b. Foster Home Name c. DS Home Name d. DCF Facility Name e. Other Name Did the incident occur in a licensed facility? ❑ Yes ❑ No ❑ Don't know. Specific location /address where incident occurred: Check one box only. 1. Altercation: ❑Client/client ❑Client/staff ❑ Staff /staff 2. ❑ Client Death 3. ❑ Client Injury or Illness 4. ❑ Elopement/Runaway 5. ❑ Escape 6. ❑ Sexual Battery 7. ❑ Suicide Attempt 8. ❑ Other Incidents Name Ss# Birth Date Race Gender Client Employee Other Participant Witness Other —� —�— ❑ ❑ ❑ ❑ ❑ ❑ —� —�— ❑ ❑ ❑ ❑ ❑ ❑ 34 KG066 DESCRIPTI O F Give Detailed Account - (Who, What, When, Where, Why, How) - Add Pages If Necessary V. C O RR ECTIVE ACTION • • Immediate corrective action taken Is follow -up action needed? NO❑ YES❑ If yes, specify: 35 V1. INDIVIDUALS N VII. REVIEW AND SIGNATURES EXTERNAL NOTIFICATION Ag ency Notified Person Contacted Status Datemme Called Copy Abuse Registry Copy Report Accepted DatelTime Called Copy 1- 800 - 962 -2873 Name ❑ ❑ ❑ ❑ SUPERVISOR ❑ Client Relations Yes ❑ No[] —�— Employee Safety Program I D# Regional Deputy Director ❑ Agency for Health Care H.R. Workers' Compensation ❑ ❑ Administration Name: N/A Coordinator (employee related incidents only) ❑ ❑ Law Enforcement - Department Officer's Name ❑ ❑ Badge # Case # (if avail) NIA Program Supervisor ❑ ❑ Parent/Guardian/ District Legal Counsel Family Member Name Name: N/A ❑ ❑ Other (Please Specify) ❑ ❑ Others (Please specify) ❑ Name: N/A El El Other (Please Specify) Name: N/A ❑ E] DCF (for providers only) Name: N/A ❑ ❑ 36 VII. REVIEW AND SIGNATURES DCF INTERNAL N OTIFICATIO N NAME SIGNATURE TITLE PHONE # DATE REPORTING Copy Individual/ Agency Notified I DatelTime Called Copy EMPLOYEE ❑ ❑ — — — SUPERVISOR ❑ Client Relations —�— 36 DCF INTERNAL N OTIFICATIO N Individual/ Agency Notified Datemme Called Copy Individual/ Agency Notified I DatelTime Called Copy ❑ ❑ ❑ ❑ Client Relations Employee Safety Program Regional Deputy Director ❑ ❑ H.R. Workers' Compensation ❑ ❑ Coordinator (employee related incidents only) ❑ ❑ ❑ ❑ Program Supervisor Missing Children's Unit District Legal Counsel ❑ ❑ Contract Manager ❑ ❑ Public Information Officer ❑ ❑ Others (Please specify) ❑ ❑ 36 INCIDENT DEFINITIONS The definitions apply to DCF direct or contractual services /employees Altercation. A physical confrontation occurring between a client and employee or two more clients at the time services are being rendered, or when a client is in the physical custody of the department, which results in one or more clients or employees receiving medical treatment by a licensed health care professional. 2. Client Iniury /Illness A medical condition of a client requiring medical treatment by a licensed health care professional sustained or allegedly sustained due to an accident, act of abuse, neglect or other incident occurring while in the presence of an employee, in a Department of Children and Families or contracted facility or service center or who is in the physical custody of the department. 3. Client Death. Any person whose life terminates due to or alleged due to an accident, act of abuse, neglect or other incident occurring while in the presence of an employee, in a Department of Children and Families operated or contracted facility or service center, while in the physical custody of the department; or when a death review is required pursuant to CFOP 175- 17,Child Death Review Procedures. 4. Escape. The unauthorized absence as defined by statute, departmental operating procedure or manual of a client committed to, or securely detained in a Department of Children and Families mental health or developmental services forensic facility covered by Chapters 393, 394 or 916, FS. 5. Sexual Battery An allegation of sexual battery by a client on a client, employee on a client, or client on an employee as evidenced by medical evidence or law enforcement involvement. 6. Suicide Attempt. An act which clearly reflects the physical attempt by a client to cause his or her own death while in the physical custody of the department or a departmental contracted or certified provider, which results in bodily injury requiring medical treatment by a licensed health care professional. 7. Other Incidents. An unusual occurrence or circumstance initiated by something other than natural causes or out of the ordinary such as a tornado, kidnapping, riot or hostage situation, which jeopardizes the health, safety and welfare of clients who are in the physical custody of the department. 37 ATTACHMENT II The administration of resources awarded by the Department of Children & Families to the provider may be subject to audits as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section ? 15.97, F.S., as revised, the department may monitor or conduct oversight reviews to evaluate compliance with contract, management and programmatic requirements. Such monitoring or other oversight procedures may include, but not be limited to, on -site visits by department staff, limited scope audits as defined by OMB Circular A -133, as revised, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures deemed appropriate by the department. In the event the department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the department regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the department's inspector general, the state's Chief Financial Officer or the Auditor General. AUDITS PART I: FEDERAL REQUIREMENTS This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised. In the event the recipient expends $500,000 or more in Federal awards during its fiscal year, the recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. The recipient agrees to provide a copy of the single audit to the Department's Single Audit Unit and its contract manager. In the event the recipient expends less than $500,000 in Federal awards during its fiscal year, the recipient agrees to provide certification to the Department's Single Audit Unit and its contract manager that a single audit was not required. In determining the Federal awards expended during its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Children & Families, Federal government (direct). other state agencies, and other non -state entities. The determination of amounts of Federal awards expended should be in accordance with guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. In connection with the above audit requirements, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised. The schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the department shall be fully disclosed in the audit report package with reference to the specific contract number. Single Audit Information for Recipients of Recovery Act Funds: (a) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) as required by Congress and in accordance with CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements" and OMB Circular A- 38 KG066 102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. OMB Circular A -102 is available at http://www.whiiehouse. (b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A -133. "Audits of States, Local Governments, and Non - Profit Organizations," recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF —SAC) required by OMB Circular A -133. OMB Circular A -133 is available at http: / /www.whitehouse.gov /omb /circulars /al33 /al33.html. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF —SAC by CFDA number, and inclusion of the prefix "ARRA -" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF —SAC. (c) Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. (d) Recipients agree to require their subrecipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office. PART II: STATE REQUIREMENTS This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes In the event the recipient expends $500,000 or more in state financial assistance during its fiscal year, the recipient must have a State single or project - specific audit conducted in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. The recipient agrees to provide a copy of the single audit to the Department's Single Audit Unit and its contract manager. In the event the recipient expends less than $500,000 in State financial assistance during its fiscal year, the recipient agrees to provide certification to the Department's Single Audit Unit and its contract manager that a single audit was not required. In determining the state financial assistance expended during its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Children & Families, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in the preceding paragraph, the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of 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. 39 KG066 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) B. Department of Children & Families ( 1 electronic copy and management letter, if issued ) Office of the Inspector General Single Audit Unit Building 5, Room 237 1317 Winewood Boulevard Tallahassee, FL 32399 -0700 Email address: single audivadcf. state. fl. us C. Reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by Part I of this agreement shall be submitted, when required by Section .320(d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to the Federal Audit Clearinghouse using the Federal Audit Clearinghouse's Internet Data Entry System at: http• % census , =ov /facicollect/ddeindex.html and other Federal agencies and-pass- through entities in accordance with Sections .320(e) and (f), OMB Circular A -133, as revised. D. Copies of reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to the following address: Auditor General Local Government Audits /342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399 -1450 Email address: flaudgen _localgovtCaud. 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. 40 KG066