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06/10/1998 •_ 4/1/93. CFDA No. Client® Non - Client ❑ Grants and Aids Multi - District STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES STANDARD CONTRACT THIS CONTRACT is entered into between the State of Florida, Department of Children and Families, hereinafter referred to as the "department," and Monroe County In Home Services hereinafter referred to as the "provider." 1. THE PROVIDER AGREES: A. Attachment 1 To provide services in accordance with the conditions specified in Attachment I. B. Requirements of Section 287.058, FS To provide units of deliverables, including reports, findings, and drafts, as specified in Attachment I, to be received and accepted by the contract manager prior to payment. To comply with the criteria and final date by which such criteria must be met for completion of this contract as specified in Section III, Paragraph A. of this contract. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post -audit thereof. Where applicable, to submit bills for any travel expenses in accordance with section 112.061, FS. The department may, if specified in Attachment 1, establish rates lower than the maximum provided in section 112.061, FS. To allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, FS, made or • received by the provider in conjunction with this contract. It is expressly understood that the provider's refusal to comply with this provision shall constitute an immediate breach of contract. C. Governing Law 1. State of Florida Law a. That this contract is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State of Florida. Each party shall perform its obligations herein in accordance with the terms and conditions of the contract. b. That it understands that the department and the Department of Labor and Employment Security have jointly implemented WAGES, an initiative to empower recipients in the Temporary Assistance To Needy Families Program to enter and remain in gainful employment. Employment of WAGES participants is a mutually beneficial goal for the provider and the department in that it provides qualified entry level employees needed by many providers and provides substantial savings to the citizens of Florida. 2. Federal Law a. That if this contract contains federal funds, the provider shall comply with the provisions of 45 CFR, Part 74, and /or 45 CFR, Part 92, and other applicable regulations as specified in Attachment I. b. That if this contract contains federal funds and is over $100,000, the provider shall comply with all applicable standards, orders, or regulations issued under section 306 of the Clean Air Act, as amended (42 U.S.C. 1857(h) et seq.), section 508 of the Clean Water Act, as amended (33 U.S.C. 1368 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). The provider shall report any violations of the above to the department. c. That no federal funds received in connection with this contract may be used by the provider, or agent acting for the provider, to influence legislation or appropriations pending before the Congress or any State legislature. If this contract contains federal funding in excess of $100,000, the provider must, prior to contract execution, complete the Certification Regarding Lobbying form, Attachment 1I If a Disclosure of Lobbying Activities form, Standard Form LLL is required, it may be obtained from the contract manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the contract manager. d. That unauthorized aliens shall not be employed. The department shall consider the employment of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract by the department. e. That if this contract contains $10,000 or more of federal funds, the provider shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented in Department of Labor regulation 41 CFR, Part 60. [45CFR, Part 92] f. That if this contract contains federal funds and provides services to children up to age 18, the provider shall comply with the Pro - Children Act of 1994, Public Law 103 -227. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and /or the imposition of an administrative compliance order on the responsible entity. This clause is applicable to all approved subcontracts. CF STDCT JF 12/97 1 CONTRACT # 4/1/98' D. Audits, Records, and Records Retention 1. To establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the department under this contract. 2. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of the contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this contract. 3. Upon completion or termination of the contract and at the request of the department, the provider will cooperate with the department to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in Section I, Paragraph D.2. above. 4. To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by the department. 5. At all reasonable times for as long as records are retained, persons duly authorized by the department and Federal auditors, pursuant to 45 CFR, Part 92.36(i)(10), shall be allowed full access to and the right to examine any of the provider's contract and related records and documents, regardless of the form in which kept. 6. To provide a financial and compliance audit to the department as specified in Attachment 111 and to ensure that all related party transactions are disclosed to the auditor. 7. To include the aforementioned audit and record keeping requirements in all approved subcontracts and assignments. E. Monitoring by the Department To permit persons duly authorized by the department to inspect any records, papers, documents, facilities, goods, and services of the provider which are relevant to this contract, and to interview any clients and employees of the provider to assure the department of the satisfactory performance of the terms and conditions of this contract. Following such evaluation the department will deliver to the provider a written report of its findings and will include written recommendations with regard to the provider's performance of the terms and conditions of this contract. The provider will correct all noted deficiencies identified by the department within the specified period of time set forth in the recommendations. The provider's failure to correct noted deficiencies may, at the sole and exclusive discretion of the department, result in any one or any combination of the following: (1) the provider being deemed in breach or default of this contract; (2) the withholding of payments to the provider by the department; and (3) the termination of this contract for cause. F. Indemnification NOTE: Paragraph I.F.1. and 2. are not applicable to contracts executed between state agencies or subdivisions, as defined in section 768.28, FS. 1. To be liable for and indemnify, defend, and hold the department and all of its officers, agents, and employees harmless from all claims, suits, judgments, or damages, including attorneys' fees and costs, arising out of any act, actions, neglect, or omissions by the provider, its agents, or employees during the performance or operation of this contract or any subsequent modifications thereof, whether direct or indirect, and whether to any person or tangible or intangible property. 2. That its inability to evaluate its liability or its evaluation of liability shall not excuse the provider's duty to defend and to indemnify within seven (7) days after notice by the department by certified mail. After the highest appeal taken is exhausted, only an adjudication or judgment specifically finding the provider not liable shall excuse performance of this provision. The provider shall pay all costs and fees, including attorneys' fees related to these obligations and their enforcement by the department. The department's failure to notify the provider of a claim shall not release the provider of these duties. The provider shall not be liable for the sole negligent acts of the department. G. Insurance To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this contract and any renewal(s) and extension(s) of it. Upon execution of this contract, unless it is a state agency or subdivision as defined by section 768.28, FS, 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. Upon the execution of this contract, the provider shall furnish the department written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self- insurance program established and operating under the laws of the State of Florida. The department reserves the right to require additional insurance as specified in Attachment I. 2 CONTRACT # , 4/1198 H. Safeguarding Information Not to use or disclose any information concerning a recipient of services under this contract for any purpose not in conformity with state regu!ations and Federal law or regulations (45 CFR, Part 205.50), except upon written consent of the recipient, or the responsible parent or guardian when authorized by law. I. Assignments and Subcontracts 1. To neither assign the responsibility for this contract to another party nor subcontract for any of the work contemplated under this contract without prior written approval of the department which shall not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring shall be null and void. 2. To be responsible for all work performed and all expenses incurred with the project. If the department permits the provider to subcontract all or part of the work contemplated under this contract, including entering into subcontracts with vendors for services and commodities, it is understood by the provider that all such subcontract arrangements shall be evidenced by a written document subject to prior review and comment by the department. Such review of the written subcontract document by the department will be limited to a determination of whether or not subcontracting is permissible, whether the offered subcontractor is acceptable to the department, and the inclusion of applicable terms and conditions of this contract. The provider further agrees that the department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and the provider shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The provider, at its expense, will defend the department against such claims. 3. That the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this contract to another govemmental agency in the State of Florida, upon giving prior written notice to the provider. In the event the State of Florida approves transfer of the provider's obligations, the provider remains responsible for all work performed and all expenses incurred in connection with the contract. In addition, this contract shall bind the successors, assigns, and legal representatives of the provider and of any legal entity that succeeds to the obligations of the State of Florida. 4. To make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from the department in accordance with section 287.0585, FS, unless otherwise stated in the contract between the provider and subcontractor. Failure to pay within seven (7) working days will result in a penalty charged against the provider and paid to the subcontractor in the amount of one -half of one (1) percent of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. J. Return of Funds To return to the department any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the provider by the department. In the event that the provider or its independent auditor discovers that an overpayment has been made, the provider shall repay said overpayment within 40 calendar days without prior notification from the department. In the event that the department first discovers an overpayment has been made, the department will notify the provider by letter of such a finding. Should repayment not be made in a timely manner, the department will charge interest of one (1) percent per month compounded on the outstanding balance after 40 calendar days after the date of notification or discovery. K. Client Risk Prevention and Incident Reporting 1. That if services to clients will be provided under this contract, the provider and any subcontractors shall, in accordance with the client risk prevention system, report those reportable situations listed in HRSR 215 -6 in the manner prescribed in HRSR 215 -6 or district operating procedures. 2. To immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number (1- 800- 96ABUSE). As required by Chapter 415, FS, this is binding upon both the provider and its employees. L. Transportation Disadvantaged To comply with the provisions of Chapter 427, FS, and Chapter 41 -2, FAC, if clients are to be transported under this contract. The provider shall submit to the department the reports required pursuant to Volume 10, Chapter 27, HRS Accounting Procedures Manual. M. Purchasing 1. To purchase articles which are the subject of or are required to carry out this contract from Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, FS, in the same manner and under the procedures set forth in subsections 946.515(2) and (4), FS. For purposes of this contract, the provider shall be deemed to be substituted for the department insofar as dealings with PRIDE. This clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of products /services available from PRIDE may be obtained by contacting PRIDE, (850) 487 -3774. 2. To procure any 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, FS. 3 CONTRACT # " 4/1/9$ N. Civil Rights Requirements 1. Not to discriminate against any employee in the performance of this contract, or against any applicant for employment, because of age, race, creed, color, disability, national origin, or sex. The provider further assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees because of age, race, creed, color, disability, national origin, or sex. This is binding upon the provider employing fifteen (15) or more individuals. 2. To complete the Civil Rights Compliance Questionnaire, HRS Forms 946 A and B, in accordance with HRSM 220 -2. This is applicable if services are directly provided to clients and if 15 or more individuals are employed. O. Independent Capacity of the Contractor 1. To be solely liable for the performance of all tasks contemplated by this contract which are not the exclusive responsibility of the department. 2. To act in the capacity of an independent contractor and not as an officer, employee, or agent of the State of Florida, except where the provider is a state agency. The provider shall not represent to others that it has the authority to bind the department unless specifically authorized in writing to do so. In addition to the provider, this is also applicable to the provider's officers, agents, employees, subcontractors, or assignees, in performance of this contract. 3. Except where the provider is a state agency, neither the provider, its officers, agents, employees, subcontractors, nor assignees are entitled to state retirement or state leave benefits, or to any other compensation of state employment as a result of performing the duties and obligations of this contract. 4. To take such actions as may be necessary to ensure that each subcontractor of the provider will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. 5. The department will not 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 justified by the provider and agreed to in advance by the department in Attachment I. 6. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds, and all necessary insurance for the provider, the provider's officers, employees, agents, subcontractors, or assignees shall be the responsibility of the provider. P. Sponsorship As required by section 286.25, FS, if the provider is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program state: "Sponsored by (provider's name) and the State of Flonda, Department of Children and Families. If the sponsorship reference is in written material, the words "State of Florida, Department of Children and Families" shall appear in the same size letters or type as the name of the organization. Q. Final Invoice - To submit the final invoice for payment to the department no more than 45 days after the contract ends or is terminated. If the provider fails to do so, all right to payment is forfeited and the department will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider and necessary adjustments thereto have been approved by the department. R. Use Of Funds For Lobbying Prohibited To comply with the provisions of sections 11.062 and 216.347, FS, which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency. S. Public Entity Crime Pursuant to section 287.133, FS, the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the department: When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, he /she may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or the repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, FS, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. T. Patents, Copyrights, and Royalties 1. If any discovery or invention arises or is developed in the course or as a result of work or services performed under this contract, or in anyway connected herewith, the provider shall refer the discovery or invention to the department to be referred to the Department of State to determine whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with' the performance of this contract are hereby reserved to the State of Florida. 4 CONTRACT # , 411198 2. In the event that any books, manuals, films, or other copyrightable materials are produced, the provider shall notify the Department of State. Any and all copyrights accruing under or in connection with the performance under this contract are hereby reserved to the State of Florida. 3. The provider, without exception, shall indemnify and Save harmless the State of Florida and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured by the provider. The provider has no liability when such claim is solely and exclusively due to the Department of State's alteration of the article. The State of Florida will provide prompt written notification of claim of copyright or patent infringement. Further, if such claim is made or is pending, the provider may, at its option and expense, procure for the Department of State, the right to continue use of, replace, or modify the article to render it non - infringing. If the provider uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. II. THE DEPARTMENT AGREES: A. Contract Amount To pay for contracted services according to the conditions of Attachment I in an amount not to exceed $111,713.30 , subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. B. Contract Payment Pursuant to section 215.422, FS, the department has five (5) working days to inspect and approve goods and services, unless the bid specifications, purchase order, or this contract specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date a properly completed invoice is received by the department or the goods or services are received, inspected, and approved, a separate interest penalty set by the Comptroller pursuant to section 55.03, FS, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, contact the district fiscal office /contract administrator. Payments to health care providers for hospital, medical, or other health care services, shall be made not more than 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 vendor due to preparation errors will result in a payment delay. Interest penalties less than one dollar will not be enforced unless the vendor requests payment. C. Vendor Ombudsman A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 488 -2924 or 1- 800 - 848 -3792, the State of Florida Comptroller's Hotline. III. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE: A. Effective and Ending Dates This contract shall begin on July :1, 1998 or on the date on which the contract has been signed by both parties, whichever is later. It shall end on June 30, 1999 B. Termination: At Will, Because of Lack of Funds, or For Breach or Failure to Satisfactorily Perform Prior Agreement 1. This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. In the event funds to finance this contract become unavailable, the department may terminate the contract upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof 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 prior to notification of termination. 3. This contract may be terminated for the provider's non - performance upon no less than twenty -four (24) hours notice in writing to the provider. If applicable, the department may employ the default provisions in Chapter 60A -1.006 (3), FAC. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit the department's right to remedies at law or in equity. 4. Failure to have performed any contractual obligations with the department in a manner satisfactory to the department will be a sufficient cause for termination. To be terminated as a provider under this provision, the provider must have: (1) previously failed to satisfactorily perform in a contract with the department, been notified by the department of the unsatisfactory performance, and failed to correct the unsatisfactory performance to the satisfaction of the department; or (2) had a contract terminated by the department for cause. 5 CONTRACT # • 4/1/98 C. Renegotiation or Modification Modifications of provisions of this contract shall only be valid when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the department's operating budget. D. Official Payee and Representatives (Names, Addresses, and Telephone Numbers): 1. The provider name, as shown on page 1 of this 3. The name, address, and telephone number of the contract, and mailing address of the official payee to whom contract manager for the department for this contract is: the payment shall be made is: Monroe County In Home Services Theresa Phelan 5100 College Road 1111 12th Street Key Weft, FL 33040 Key West, FL 33040 305/292 -6810 2. The name of the contact person and street address 4. The name, address, and telephone number of the where financial and administrative records are maintained representative of the provider responsible for is: administration of the program under this contract is: Deloris Simpson Deloris Simpson 5100 College Road 5100 College Road Key West, FL 33040 Key West, FL 33040 305/292 -4588 305/292 -4588 5. Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. E. All Terms and Conditions Included This contract and its attachments as referenced, 1, 11, III and Exhibits A, B, C, D, E, and F. ' contain all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. If any term or provision of the contract is found to be illegal or unenforceable, the remainder of the contract shall remain in full force and effect and such term or provision shall be stricken. The parties have read the entire contract inclusive of all its attachments, as referenced in Paragraph III.E. above, and understand each section and paragraph. IN WITNESS THEREOF, the parties hereto have caused this 35 page contract to be executed by their undersigned officials as duly authorized. PROVIDER: STATE OF FLORIDA Monroe County In A0 • e Services DEPARTMENT OF CHILDREN AND FAMILIES worr/ . i ii " ice /i SIGNED BY: SIGNED BY: NAME: .)a‘, ondon NAME: Anita M. Bock TITLE: ,1 ayor TITLE: District Administrator DATE: G / /V �g DATE: STATE AGENCY 29, IGIT SAMAS CODE: Federal EID # (takiVliv \° ! APPROVED AS TO FORM AND AL SUFFI ' " . Y. Provider Fiscal Year Ending Date: 09 / 30 BY ,��r�� --// do e- -4 10 A NE A . UTTON (SEAL) DATE 6 j.7 ff ATTEST: DANNY -L: "KOLHAGE, CLERK BY !MR\ �I .... \ ,111,E DE :1117 Y CLE • 11 111 6 CONTRACT # 07/01/98 Community Care for Disabled Adults Adult Services Fixed Price ATTACHMENT I A. Services to be Provided. The approved application for Community Care for Disabled Adults Funds is incorporated herein by reference. In the event of a conflict between the approved application or program proposal and this Attachment I, the provisions of this Attachment I will prevail. 1. Definition of Terms. a. Contract Terms. 1. State Fiscal Year - July 1st through June 30th. 2. Invoice - A standardized form utilized by the provider to request payment on a monthly basis. 3. Exhibit - An attachment to an ATTACHMENT I or any other contract attachment. The use of the word "exhibit" avoids confusion and allows for clearer referencing. All exhibits to an attachment must be referenced in that attachment. 4. Fixed Price - Method of payment used when the services provided can be broken down into unit cost (e.g., hours, client days, etc.), or a fixed fee (e.g., payment based on delivery of a complete service). 5. Rate Contracts - Method of payment to be used for a specified unit of service when the frequency or volume of service required cannot be predetermined and a definite total dollar amount to be obligated can not be predetermined. 6. Satisfaction Survey - A questionnaire, completed by the consumer or designated guardian, which allows them to share their likes, dislikes, recommendations, and comments about the program, the provider, and the level of care. 7. Community Care for Adults - An in -home program providing services to disabled adults, ages 18 - 59, hereinafter referred to as CCDA. b. Program or Service Specific Terms. 1. Activities of daily living (ADL's) - Life maintaining activities performed in the course of daily living, such as dressing, bathing, grooming, eating, toileting, and ambulating around one's own home. 7 07/01/98 Community Care for Disabled Adults 2. __ See INSTRUCTIONAL GUIDE, SECTION D, Glossary of Approved Community Care for Disabled Adults Services, or those terms as specified in HRSM 140 -8, Appendix B, both herein incorporated by reference. 2. General Description a. General Statement. Service providers will ensure that appropriate community -based services (duration, frequency, scope per the client's care plan and the HRSM 140 -8) are provided to clients in a manner developed to meet the client's changing needs, to assist the client in avoiding or reducing unnecessary dependence on the delivered service(s), and to increase the client's self - reliance. b. Authority. Chapter 410, Florida Statutes, Chapter 65C -2, Florida Administrative Code and the annual appropriations act with any proviso or instructions to the department constitute the legal base for services to be delivered through the Community Care for Disabled Adults program. c. Scope of Service. 1. Services will be provided to adults aged 18 through 59 years who have been diagnosed with a permanent physical or mental disability which restricts their ability to perform normal activities of daily living as determined by the initial functional assessment performed by the program's case management entities. Applicants for Community Care for Disabled Adults services will be assessed for eligibility and prioritized for services by district or provider case management staff in accordance with Section 410.604 (2), F.S. 2. The allowable services to be contracted for and delivered to this population are only those approved services as detailed in SECTION D, of the INSTRUCTIONAL GUIDE, and as specified in HRSM 140 -8, both herein incorporated by reference. 3. Services to be rendered under this contract are Case Management, Personal Care, Homemaker, Home Delivered Meal and Chore. d. Major Program Goal. The provision of community -based services through this contract are to prevent unnecessary institutionalization of disabled adults. 8 { 07/01/98 Community Care for Disabled Adults 3. Clients to be Served. a. General Description. Adults with disabilities, 18 through 59 years of age, no longer eligible to receive children's services, yet too young to qualify for community and home based services to the elderly. b. Client Eligibility. 1. Must be 18 through 59 years of age; 2. Must have one or more permanent physical or mental limitations which restrict the ability to perform normal activities of daily living as determined through the initial functional assessment and medical documentation of disability. Disability, per HRSM 140 -8, must be established in one of two ways: a) the case manager may see a check, awards letter, or other evidence which proves that the applicant receives Social Security Disability or some other disability payment (e.g. worker's compensation) or, b) the applicant may have a written statement developed by a licensed physician, licensed nurse practitioner, or a mental health professional which meets the district's criteria as evidence of the applicant's disability. This statement must, at minimum, include the applicant's diagnosis, prognosis, a broad statement about the applicant's level of functioning, and the author's interpretation of need for this program's services based on identified functional barriers caused by the applicant's disabling condition. 3. Applicant must have an individual income at or below the prevailing Medicaid Institutional Care Program (ICP) eligibility standard in order to receive non -fee assessed CCDA services. Clients with incomes above the ICP standard will be assessed for share of cost or be required to provide volunteer service in lieu of payment. c. Client Determination. 1. Client must not be receiving comparable services from any other entity so as to ensure non - duplication of effort. 2. Documentation must exist that all comparable existing community services and funding sources have been explored and exhausted. 3. Determination of eligibility for this program will remain with the department. Should a dispute over eligibility determination arise, final determination will be - made by the department's contract manager. 9 07/01/98 Community Care for Disabled Adults d. Contract Limits. The total cost, estimated or actual, for an individual receiving Community Care for Disabled Adults services, shall not exceed the general revenue portion of a Medicaid nursing home bed within the district area. B. Manner of Service Provision 1. Service Tasks a. Task List. This contract will render the following checked [X] Community Care for Disabled Adults services: [ ]Adult Day Care [X]Case Management [ ]Emergency Alert Response [X]Personal Care [ ]Home Health Aide [ ]Group Activity Therapy [X]Homemaker [ ]Home Nursing [X]Home Delivered Meals [ ]Interpreter [ ]Transportation [ ]Medical Equipment/Supplies [X]Chore [ ]Respite [ ]Medical Therapeutic Services [ ]Escort [ ]Physical and Mental Exams A description and minimum requirements for scope of service for each of these services may be found in SECTION D, of the INSTRUCTIONAL GUIDE, and as specified in HRSM 140 -8, both herein incorporated by reference. b. Task Limits. 1. Each district Community Care for Disabled Adults program shall include case - management services and at least one other community service. 2. Respite care may be provided for up to 240 hours per consumer per calendar year depending upon individual need. The service may be extended up to 360 hours as recommended by the case manager with documented approval by their immediate supervisor. 3. Expenditures of more than $100 for medical equipment/supplies are to be approved by the district before purchases are made. 4. Personal Care services will not substitute for the care usually provided by a registered or practical nurse, therapist, or home health aide. The personal care aide WILL NOT change sterile dressings, irrigate body cavities, administer medications, or perform any other activities prohibited by Chapter 59A -8, Florida - Administrative Code. 5. Homemaker service time DOES NOT include time spent in transit to and from the client's place of residence except when providing shopping assistance, performing errands or other tasks on behalf of the client. The following restrictions apply to to 07/01/98 Community Care for Disabled Adults homemaker activities: must not engage in work that is not specified in the { __ homemaker assignment; must NOT accept gifts from clients; must NOT lend or borrow money or articles from clients; must NOT handle money unless authorized by a supervisor or case manager AND bonded or insured by employer; and must NOT transport the client unless authorized by a supervisor or case manager. The parameters of service delivery, by service, are detailed in the INSTRUCTIONAL GUIDE, SECTION D, or as specified in HRSM 140 -8, both herein incorporated by reference. 2. Staffing Requirements a. Staffing Levels. 1. Provider must maintain sufficient staff, facilities and equipment to deliver the agreed -upon services or notify the department within thirty days whenever the provider is unable or appears to be unable to provide the required quality or quantity of service. 2. Providers will meet the minimum staffing requirements per service definition as found in SECTION D, of the INSTRUCTIONAL GUIDE, or as specified in HRSM 140 -8, both herein incorporated by reference. b. Professional Qualification. See SECTION D, of the INSTRUCTIONAL GUIDE, or as specified in HRSM 140 -8, both herein incorporated by reference. c. Staffing Changes. The provider agrees to notify the department's contract manager within two working days if any administrative position (e.g. executive director, contract contact person, or project director) unexpectedly becomes vacant. Major planned staffing changes which may affect program objectives, as stipulated in the service contract, must be presented in writing to the contract manager for approval at least two weeks prior to the implementation of the change d. Subcontractors. The provider must monitor the subcontractor twice (on -site) during the contract period and provide the requested technical assistance to all subcontractors as needed. Copies of reports of those monitoring visits will be submitted to the department in a format and within the time frames approved by the department. Special visits deemed necessary by the provider to the subcontracted facility may be made. 3. Service Location & Equipment a. Service Delivery Location. 11 � f 07/01/98 Community Care for Disabled Adults 1. __ Community Care for Disabled, Adults services may be delivered throughout Monroe County in the client's home or on -site at a facility negotiated on by the department and the provider. 2. Facilities delivering on -site services to Community Care for Disabled Adults consumers, must pass an annual inspection by the local environmental health and fire authorities and meet the federal Adults with Disabilities Act (ADA) standards. 3. Facility providers may not change the service delivery location without prior approval of the department. 4. Service providers will meet the minimum service location and time requirements as specified in SECTION D, of the INSTRUCTIONAL GUIDE, or as specified in HRSM 140 -8, both herein incorporated by reference. 5. Services will be delivered at the following locations 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 Client's Home As Needed Chore Service Client's Home As Needed b. Changes in Location. Location of service delivery must be negotiated in either the Application or the Attachment I. Once the service delivery location is agreed upon, any proposed change must be presented in writing to the contract manager for approval prior to implementation of that proposed change. In the event of an emergency, temporary changes in location may necessitate waiver by the district program office of this designated standard. Such a waiver will assuredly take into consideration the continuity, safety and welfare of the department's clients, and is in the department's sole discretion. c. Equipment. 1. The equipment required to perform the contracted service(s) must be agreed upon during the negotiation process, and must be stipulated in this Attachment I. Any changes to that negotiated request, must be presented, in writing, to the contract manager for approval prior to implementation of the proposed change. This is to ensure uniformity, safety and quality of service to the department clients. 2. All equipment acquired under this contract must be inventoried annually and such inventory made available within seven days upon provider receipt of written request by the contract manager. 12 07/01/98 Community Care for Disabled Adults 4. Deliverables a. Service Units. A service unit is an appropriate, distinct amount of a given service. It may include, but is not limited to: an hour or quarter hour of direct service delivery; a meal; an episode of travel; a 24 hour period of Emergency Alert Response maintenance, or an equipment purchase. Each Community Care for Disabled Adults service unit is defined in SECTION D, of the INSTRUCTIONAL GUIDE, or as specified in HRSM 140 -8, both herein incorporated by reference. b. Reports. 1. Reporting will be as set forth in Community Care for Disabled Adults Policy Clearance No. 009, SECTION A, of the INSTRUCTIONAL GUIDE which provides information on the forms to be submitted in accordance with policy, and HRSM 140 -8, all herein incorporated by reference. 2. Reporting requirements for this fixed price contract include Monthly Summary Reports and quarterly Cumulative Summary Reports. 3. The provider of case management services agrees to submit to the department management program data including client identifiable data in accordance with negotiated instructions provided by the department. c. Records and Documentation. 1. Providers must maintain a current record on each individual in the program including: current documentation of eligibility for services; identifying information about the recipient and need to receive the service; service delivery date; and all other forms or records necessary for program operation and reporting as set forth in HRSM 140 -8, Community Care for Disabled Adults. This must track to each invoice for payment. 2. Resolution of final questions regarding records will be the department's responsibility. Provider must maintain documentation necessary to facilitate monitoring and evaluation by the Department as described in 5.c. and 6.a. 5. Performance Specifications a. Departmental Outcome Measure For Target Population 1. 99 % of individuals served will not be placed in a nursing home. 13 07/01/98 Community Care for Disabled Adults 2. Standards for Performance Measure B.5.a.(1), above, will be measured by determining the ratio of the total number of persons served to the number of persons placed in a nursing home during the contract period. The provider will report any nursing home placements of CCDA clients during the contract period by he end of the month in which the placement occurs. b. Outcomes and Outputs. 1. Providers of home and community -based services shall conduct individual satisfaction surveys on 100% of clients receiving CCDA services from them and surveys will reflect a 95% satisfaction with services received. 2. Standards for Performance Measure B.5.b.(1), above, will be applied only to the percentage of completed satisfaction surveys received by the provider. The survey form development, distribution and rating process' of this measure will be negotiated by the department and provider prior to execution of this contract. c. Performance Measure. 1. 95 % of individuals served will achieve 100 % of the case manager's care plan outcomes, which sustain critical activities of daily living, through actual pattern of service delivery. 2. Standards for Performance Measure B.5.c.(1) , above, will be measured, for case management providers, by determining each consumer's number of care plan outcomes achieved and calculating what percent that is of the total number of care plan outcomes listed in that consumer's care plan. 3. Standards for Performance Measure B.5.c.(1), above, will be measured differently for providers of non -case management services. For non -case management providers, achievement will be measured by determining the number of service types delivered and calculating what percent that is of the total number of service types authorized. d. Monitoring and Evaluation Methodology. By execution of this contract the provider hereby acknowledges and agrees that its performance under the contract must meet the standards set forth above and will be bound by the conditions set forth below. If the provider fails to meet these standards, 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 will terminate the contract in the absence of any extenuating or mitigating circumstances. The determination of the extenuating or mitigating circumstances is the exclusive determination of the department. 14 07/01/98 Community Care for Disabled Adults The department reserves the right to monitor on site without prior announcement to the provider. Monitoring shall generally be conducted as set forth in Exhibit A, which is for provider's reference only and does not constitute additional terms of the contract. If a Corrective Action Plan is required it must meet the following: 1. Be prepared by the provider and submitted to District Adult Services Program Office within 10 working days of receipt of request for corrective action; 2. Clearly identify the problem(s); 3. Outline corrective action needed e. Performance Definitions. SECTION D, of the INSTRUCTIONAL GUIDE, and HRSM 140 -8, both herein incorporated by reference, list and define all approved Community Care for Disabled Adults services. Services to be rendered through this contract are as follows: SERVICE HRSM 140 - 8 DEFINITION Case Management A client centered series of activities which include planning,. arrangement for and coordination of appropriate community -based services for an eligible Community Care for Disabled Adult client. Personal Care Services which assist the disabled adult with bathing, dressing, ambulation, housekeeping, supervision, emotional security, eating, supervision of self - administered medications and assistance with securing health care from appropriate sources. Personal care services do not include medical services. Homemaker The performance of or assistance in accomplishing specific home management duties including housekeeping, meal planning and preparation, shopping assistance and routine household activities by a trained homemaker. Home Delivered Meals A hot or other appropriate, nutritionally sound meal that meets one -third of the current daily recommended dietary allowances (RDA) served in the home to a disabled person. Chore The performance of house or yard tasks such as seasonal cleaning, yard work, lifting and moving, simple household repairs, and other tasks not performed by specialized staff for eligible persons who are unable to do these tasks. 15 07/01/98 Community Care for Disabled Adults 6. Provider Responsibilities a. Provider Unique Activities. In addition to the approved application/ program proposal, the provider is required to: 1. Maintain records documenting the clients, by name or unique identifier, to whom services are provided, the number of units provided and the dates of service provision. This must track to each invoice for payment. Requests for payment which can not be supported with supporting documentation will be returned to the provider upon inspection by the department. 2. Administer services only to those persons who meet program eligibility criteria and only to the extent the funds are available. 3. Collect fees for services provided according to 65C- 2.007, F.A.C.. 4. Use volunteers to the fullest extent feasible in the provision of services and program operations, and train, supervise and appropriately support those volunteers with insurance coverage. b. Coordination With Other Providers/Entities. The case management provider must coordinate as necessary with the Vocational Rehabilitation Division of the Department of Labor and Employment Security, the Developmental Services Office of the Department of Children and Families, and the Department of Education in serving those clients who are eligible for services through two or more service delivery continuums. 7. Departmental Responsibilities a. Department Obligations. 1. The Department will supply all new providers with a copy of HRSM 140 -8, the Community Care for Disabled Adults program manual, Policy Clearance 009, and the INSTRUCTIONAL GUIDE. 2. The Department will provide Community Care for Disabled Adults technical policy assistance to the provider, relative to the negotiated terms of this contract. 3. The Department will monitor the provider at least annually. 16 • 07/01/98 Community Care for Disabled Adults b. Department Determinations. Should a dispute arise, the department will make the final determination as to whether or not the contract terms are being fulfilled according to the contract specifications. C. Method of Payment 1. This is a Fixed Price contract. 2. The department shall make payment to the provider for a total dollar amount not to exceed $111,713.30, subject to the availability of funds. 3. The department shall make payment to the provider for provision of services up to a maximum number of units of service and at the rates stated below: Service Unit Measure Unit Rate Max. # Units Max.# to be Clients Delivered to be Served Case Management One Hour $45.7533 825 50 Homemaking One Hour $25.3532 1300 30 Home Delivered Meals One Meal $3.2912 9400 40 Personal Care One Hour $23.5613 320 20 Chore One Hour $23.0046 110 20 _ 7 4. Rates listed in paragraph C -3 are the department's share of the gross cost per unit of service. The department's share is not to exceed 90% of the overall costs. The provider's dollar match for this contract is $12,412.59. 5. The provider shall submit to the contract manager a Monthly Invoice, Exhibit B, along with supporting documentation, for payment on a monthly basis. The due date for these invoices is the 15th day of the month following the month being reported. 6. 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. . i 7. The provider must maintain records documenting the clients, by name or unique identifier, to whom services are provided, the number of units provided and the dates of service provision. This must track to each invoice for payment. Requests for payment 17 • 07/01/98 Community Care for Disabled Adults which can not be documented with supporting evidence will be returned to the provider upon inspection by the department. 8. Travel a. An HRS travel voucher (State of Florida Voucher for Reimbursement of Traveling Expenses - Form C -676), Exhibit C must be completed and maintained on file by the provider. Original receipts for expenses incurred during officially authorized travel; items such as car rental and air transportation, parking and lodging, tolls and fares; must be maintained on file by the provider. Section 287.058 (1) (b), F.S., requires that bills for any travel expense shall be maintained in accordance with Section 112.061, F.S., governing payments by the state for traveling expenses. HRSR 40 -1 (Official Travel of HRS Employees and Non - Employees) provides further explanation, clarification, and instruction regarding the reimbursement of traveling expenses necessarily incurred during the performance of official state business. b. Prior approval is required in accordance with Section 112.061, F.S., for conference travel and must be certified on Form C -676C, Exhibit C (State of Florida Authorization to Incur Travel Expense) with a copy of the program or agenda of the conference attached. Reimbursement is in accordance with "a." above. See HRSR 40 -1 for further explanation, clarification and instruction. c. The provider must retain on file documentation of all travel expenses to include the following data elements: name of the traveler, dates of the travel, travel destination, purpose of travel, hours of departure and return, per diem or meals allowance, map mileage, incidental expenses, signature of payee and payee's supervisor. D. Special Provisions 1. State Laws and Regulations a. The provider will comply with the applicable provisions of Chapter 410 Florida Statutes. b. The provider will comply with the applicable provisions of Chapter 65C -2, Florida Administrative Code. c. The provider will comply with the applicable provisions of HRSM 140 -8, CCDA Program Manual and any other applicable guidelines or criteria established by the department. 2. Contract Breach In addition to the provisions in Section III.B. of the Standard Contract, if the provider fails to meet its obligations in accordance with contract specifications, the department 18 07/01/98 Community Care for Disabled Adults may prohibit the provider from receiving further payments and may prohibit the provider from incurring additional obligations of funds. The suspension may apply to only part, or all of the provider's operation. 3. Fees No fees shall be imposed other than those set by the department. Fees collected in compliance with departmental directives will be disposed of in a manner prescribed by the department. 4. Human Rights Advocacy Committee (HRAC) Clause The provider agrees to allow properly identified members of the HRAC access to the facility and /or agency and the right to communicate with any client being served, as well as staff or volunteers who serve them in accordance with Sections 402.165(8) (a) (b), F.S. Members of the committee shall be free to examine all records pertaining to any case unless legal prohibition exist to prevent disclosure of those records 5. In accordance with HRS Regulation 0- 221 -1, Civil Rights, Accessibility of Meetings to Handicapped Persons, any meeting, conference, workshop, hearing, training session, seminar or other similar functions sponsored by this department, either as sole sponsor or in conjunction with other agencies, whether such functions are open to the public, designed for department staff, or limited by invitation, must be scheduled in an accessible facility. This includes any training done through contracts. 6. Non - Expendable Property a. Non - expendable property is defined as tangible personal property of a non- consumable nature that has an acquisition cost of $500 or more per unit, and an expected useful life of at least one year; and hardback bound books that are not circulated to students or the general public, the value of cost of which is $100 or more. Hardback books with a value or cost of $25 or more should be classified as an Other Cost Accumulator expenditure only if they are circulated to students or to the general public. The provider will use Exhibit D to report all capital assets purchased through funding provided by the Department for prior and current year contracts. b. All such property, purchased under this contract, shall be listed on the property records of the provider. Said listing shall include a description of the property, model number, manufactures serial number, date of acquisition, unit cost, property inventory number, and information on the location, use condition, transfer, replacement, or disposition of the property. c. All such property, purchased under this contract, shall be inventoried annually, and an inventory report shall be submitted to the department along with the final expenditure report. A report of non - expendable property shall be submitted to the 19 07/01/98 Community Care for Disabled Adults department along with the expenditure report for the period for which it was purchased. d. Title (ownership) to all non - expendable property acquired with funds from this contract shall be vested with the department upon completion or termination of the contract. e. At no time shall the provider dispose of non - expendable property purchased under this contract except with the permission of, and in accordance with instructions from the department. f. Prior approval is required for the purchase of any item of non - expendable property not specifically listed in the approved contract budget. 7. The department may renegotiate the contract with the provide if service utilization falls below 90 percent. 8. Information Technology Resources. All contract providers must adhere to the department's procedures and standards when purchasing Information Technology Resources (ITR) as part of this contract if these resources will revert to the department at the conclusion of the contract. ITR are data processing hardware, services, supplies, maintenance, training, personnel and facilities. The provider agrees to secure prior written approval through the contract manager from the district Management Systems director for the purchase of any ITR. The provider will not be reimbursed for any purchases made prior to this written approval. 9. Venue for any court action pertaining to this contract shall be Monroe County. 10. The provider will make available to Children and Families District XI zip code data on where their service recipients reside as well as certain other client identifying information as requested. This information will be used to facilitate department impact zone planning. 11. Funds provided by the Department under this contract shall not be used by Not For Profit Corporations to make loans to their employees, officers, directors and/or subcontractors. Violation of this provision shall be considered a breach of contract, the termination of this contract shall be in accordance with the Standard Contract, Section III, Paragraph B, subsection 3. A loan is defined as any advancement of money for which the repayment period extends beyond the next scheduled pay period. 12. MORALS CLAUSE The Provider understands that performance under this contract involves the expenditure - of public funds from both the state and federal governments, and that the acceptance of funds obligates the Provider to perform its services in accordance with the very highest standards of ethical and moral conduct. Public funds may not be used for purposes of lobbying, or for political contributions, or for any expense related to such activities, pursuant to Section I R of the Standard Contract of this contract. The Provider 20 07/01/98 Community Care for Disabled Adults understands that the Department is a public agency which is mandated to conduct business in the sunshine, pursuant to Florida Law, and that all issues relating to the business of the Department and the Provider are public record and subject to full disclosure. The Provider understands that attempting to exercise undue influence on the Department and its employees to allow deviation or variance from the terms of this contract other than negotiated, publicly disclosed amendment, is prohibited by the State of Florida, pursuant to Section III C of the Standard Contract. The Provider's conduct is subject to all state and federal laws governing the conduct of entities engaged in the business of providing services to government. 13. LOGO If the provider is a non - governmental organization which sponsors a program financed wholly or in part by the state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, use one of the approved legends; which must be used in conjunction with the logo: 1. Sponsored/Funded by Florida Department of Children & Families, District 11 or Florida Department of Children & Families Sponsored/Funded Agency; 2. Partially sponsored/funded by Florida Department of Children & Families, District 11; 3. Operated under or sponsored /funded by a grant from the Florida Department of Children & Families 14. SECURITY DATA INTEGRITY — CF OPERATING PROCEDURE NO. 50 -6 As referenced in Administrative Rule 44.4.080(1)(a)(b), Employee Requirements, and Chapter 815, Florida Statutes, "Florida Computer Crimes Act," all employees and contract employees with access to data through computer related media must read and sign the security agreement form (CF 114), as identified in Exhibit E. Fulfillment of security responsibilities shall be mandatory and violations may be cause for civil penalties, or criminal penalties under chapters 119, 812, 815, 817, 839, or 877, Florida Statutes, or similar laws. The Provider will ensure that Exhibit E will be signed by all required personnel within 30 days from execution of this contract or 30 days from date of employment, and that a copy is retained in their personnel file. The signed original must be sent to the contract manager which will be retained in the contract file. A copy of the CF OPERATING PROCEDURE NO. 50 -6 is available upon request. 15. YEAR 2000 COMPLIANCE WARRANTY The contractor warrants that each item of hardware, software and/or firmware delivered, developed or modified under this contract shall be able to accurately process date data (including, but not limited to, calculating. comparing, and sequencing) from, into, and between the twentieth and twenty -first centuries, including leap year calculations, when used in accordance with the item documentation provided by the contractor, provided that all items (e.g. hardware, software, firmware) used in combination with other designated 21 07/01/98 Community Care for Disabled Adults items properly exchange date data with it. The duration of this warranty and the remedies available to the State for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any general warranty provisions of this contract, provided that notwithstanding any provision to the contrary in such warranty provision(s), or in the absence of any such warranty provision(s), the remedies available to the State under this warranty shall include repair or replacement of any item whose non - compliance is discovered and made known to the contractor in writing within ninety (90) days after acceptance. Nothing in this warranty shall be construed to limit any rights or remedies the State may otherwise have under this contract with respect to defects other than Year 2000 performance. 16. YEAR 2000 COMPLIANCE (SOFTWARE) The licensor represents and warrants that the software, which is licensed to licensee, hereunder, is designed to be used prior to, during, and after the calendar year 2000 AD and that the software will operated during each such time period without error relating to the, or the product of, date data which represents or references different centuries or more than one century. Without limiting the generality of the foregoing, Licensor further represents and warrants (1) that the software will not abnormally end or provide invalid or incorrect results as a result of date data, specifically including date data which represents or references different centuries or more than one century; (2) that the software has been designed to ensure year 2000 compatibility, including, but not limited to, date data century recognition, calculations which accommodate same century and multi - century formulas and date values, and date data interface values that reflect the century; (3) that the software includes "year 2000 capabilities ", which means the software (a) will manage and manipulate data involving dates, including single century formulas and multi- century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such date; and (b) provides that all date - related user interface functionalities and date fields include the indication of century; and (c) provides that all date - related data interface functionalities include the indication of century. 17. YEAR 2000 REMEDY CLAUSE In the event of any decrease in hardware or software program functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of the licensee, time being of the essence. 18. EMERGENCY PLAN The provider shall be responsible for the care, maintenance and, if necessary, the relocation of clients during any natural disaster or period of civil unrest. The provider shall submit its emergency plan to the Department for approval at the time of submission of the agency's proposal and must be updated on a yearly basis. In case of evacuation, the emergency plan must identify the method of evacuation, the address of the emergency 07/01/98 Community Care for Disabled Adults or shelter facility to be utilized and the method of notification of the Department of the evacuation. 19. INCIDENT REPORT All providers will be required to document reportable incidents, as set forth in HSRS 215 -6, paragraph 3, in the following manner: 1. The provider must fill out an incident report for each incident occurring during the administration of its program. 2. A copy of the incident report must be placed in a central file marked "Incident Reports," a copy also must be placed in the client file for every client involved in the incident and/or in the personnel file of every employee involved in the incident. The provider must immediately forward a copy of the incident report to the contract manager for the Department. The contract manager shall then be responsible for dissemination of the incident report to the program office. 3. If the incident report is an emergency in that the provider is aware that the health, safety or welfare of any person has been threatened or may be in imminent danger, the provider shall make telephonic contact with the department program office immediately and follow up with the written incident report in accordance with paragraph 2, above. 20. Client Information a. The provider of case management services agrees to submit to the department management program data including client identifiable data in accordance with instructions provided by the department. b. The provider must maintain records documenting the clients, by name or unique identifier, to whom services are provided, the number of units provided and the dates of - service provision. This must track to each invoice for payment. 21. Match The department's share for CCDA services is contingent upon the local match share being met on a monthly basis. the provider's failure to meet the local match requirement will result in a pro rate reduction of the department's funding to maintain the stated ration. The provider will provide match as outlined in Exhibit F. 21. All references to "Department of Children and Families ", "Department of Health and Rehabilitative Services" and "HRS ", here and throughout the contract, shall be construed as the Department of Children and Family Services. • 23 Exhibit A Program Monitoring A. Frequency of Monitoring 1) 30 -90 Day Visit. This visit is required for a new CCDA service provider as well as a new project director of a CCDA project. The visit should be made 30 -90 days after the employment of a new project director, regardless of contract amount. 2). Semi - Annual Visit. The first semi - annual visit should be made between the second and sixth month of the CCDA funding period. A second semi - annual, or prefunding visit, may be made between the ninth and eleventh months of the funding period. 3) Special Visit. These announced or unannounced visits can be made at any time during the funding period. It should be used to follow -up on any problem found while conducting a regular semi - annual visit, especially if the problem required immediate follow -up and/or a formal corrective action plan. B. Guidelines for Monitoring CCDA Providers. In preparation of the monitoring visit, the monitor should review any follow -up corrective action reports, the service provider application, advisory council or board meeting minutes, any correspondence identifying technical assistance needs, status of required reports, and fiscal status of the project if not covered during fiscal monitoring. • C. Monitoring Report Format/Timeframes. All monitoring reports should be written and forwarded to the president of the provider's board/corporation (or Project director's supervisor) with a copy to the project director within 30 working days after the visit. A copy of the report should be sent to the District Adult Services Program Office within 30 working days after the visit. The following format should be observed: 1) Project name and address, funding period and funding source; 2) Purpose of visit (Initial of refunding), and date: 3) Names and titles of participants; 4) Narrative description of the visit to include matters to be followed up at the time of the next visit. 5) Instructions for a corrective action plan, if necessary; 6) Narrative description of the exit interview; 7) Monitor's name, signature, and date of report. D. Topics for Discussion During the Visit. ' 1) Conditions of Contract: review contracts for special conditions and track progress in meeting deadlines. 2) Follow -up of problems identified in last report. 3) Special concerns of the project director and the district Program Office for Adult Services.. 4) Year -to -date Objective (s), Achievements and Comments. Compare output reports with state objectives; discuss provider's method for capturing statistical date (units of service and unduplicated counts); discuss quality of service provided; measure objective achievements in terms of percentage of funding period completed and allow 5% over /under achievement; determine reasons for over /under achievement and corrective action; determine object impact on budget (creation of surplus or deficit situation); determine need for objective or budget revision. The administration monitoring checklist and Chapter 6 of HRSM 55 -5 can be used as references. 5) Fire, Health, and Safety Standards. Review appropriate reports from proper authorities for dates and deficiencies noted; examine fire extinguisher tags; and discuss handicapped accessibility for fire or other emergencies. 6) Training. Compare training schedule and log of staff /volunteers (accomplished to date) with scheduled training in grant application; assess resources provider as used to provide identified training needs; attend training sessions provided by project; and interview personnel and volunteers about training needs. 7). Coordination of Services. Discuss project coordination services with other service agencies; review grant application for coordination indicators; and review programmatic reports to determine coordination through meetings, staffing, and written agreements. 8) Technical Assistance. (TA) Review any provider requests for TA and TA provided; discus any current need for TA. 9) Status of Client Information Forms. Review Client Information Forms and Daily Service Logs (if appropriate) for accuracy; discuss error rate and method for improvement; and compare manual client unduplicated count with CIS count. 10) Compliance with the Civil Rights Act and Affirmative Action. Review recruitment documents and advertisements; discuss methods used to comply with Title VII of the Civil Rights Act of 1964; and interview staff for staff compliance indicators. Determine if the service provider has written affirmative action policy and review new staff hired to assure compliance; determine if the service provider's policy meets the intention of the law; interview minority staff members; and discuss progress made in implementing the affirmative action plan. 11) Compliance with Section 504 of the Rehabilitation Act of 1973. Handicapped Accessibility and with the Americans with Disabilities Act. Check the physical facility to ensure that handicapped persons can enter and use the buildings, review assurances in grant application; discuss methods to correct any areas which are used by clients and staff which are non - accessible, and discuss project's policy for hiring of handicapped. 12) Evaluation of Reporting Procedures. Review reports on file prior to monitoring visit; discuss timeliness, accuracy, and completeness of reports submitted by providers; and discuss any corrections needed by provider and method to be used for corrections. 13) Confidentiality. Discuss methods to ensure confidentiality; check applicable files and drawers for security; and discuss ways clients are made aware of confidentiality rights according to 45 CFR 431.306. 14) Local Match. (Cash and In- Kind), Review fiscal reports and receipts to ascertain accuracy of local match, compare percentage to date to confirm sufficiency to match state funds received; review compliance with contract; identify any problem areas and discuss methods to solve; check accuracy of donor forms and appropriate signatures; and review match to be generated from a source later in the funding period (if appropriate). 15) In -Kind Voucher System. Determine if project has used approved in -kind match sources; track backup documents /vouchers for compliance with approved procedures, grant application, and budget; and track allowance to budget for accuracy. 16) Contributions. Check accuracy of contribution recording, logging, depositing, and staff involved in this process; discuss confidentiality of contribution system; assure that clients are aware of their right to contribute or not to contribute (posters, envelope, etc.);and assure that all employees authorized to handle money are bonded. 17) Participants Interviews. Discuss, with a variety of participants the quality of service (s); determine what services are actually received as compared to client file information (if appropriate); if survey forms are used for client feedback, check the percentage of clients who complete them without help from project staff and check percentage of forms returned by mail against number sent out; and visit clients in their homes, if appropriate, to ascertain above. A home - delivered meals route should be ridden at least annually to check temperatures of home delivered meals, validate participant eligibility, obtain participant input, etc. 18) Advisory Council. When applicable, review minutes of advisory council meetings; attend advisory council meetings to discuss their evaluation of services; examine methods by which client feedback is obtained; discuss with council members their roles and responsibilities, and compare to responsibilities outlines in the approved application. oTh F EXHIBIT B CONTRACT # 4 oas - Community Care for Disabled Adults INVOICE FOR THE MONTH OF PROVIDER: Monroe County In Home Services 5100 College Road Key West, FL 33040 PERIOD OF SERVICE PROVISION through SERVICE # UNITS AMOUNT AMOUNT PER UNIT DUE Case Management Homemaking Home Delivered Meals Personal Care Chore TOTAL DUE SIGNATURE OF PROVIDER DATE SIGNATURE OF CONTRACT MANAGER DATE EXHIBIT (; a t M _ A : s Pt PI . O ! P+ n • i a 7 0 0 i A M A A Co N t . PI 1 0 CO - ; ! _� . A = _ , < 0 -4 -d PI 1 so O 0 a. 1 70 < = 7 1 . 4 0 g C awl ! 1 CO at < . -u .4 0 F PI 1 C 70 S r a 70 > a w CO /n w r T r Q es eel all° 4 x CO 74 , O PI -" 7 ■ x ?'l Z • -1 7t r 77 to S a — RI X • _ • 0 a 1 < -4 X w o 0 < _ PO w o Z 0 o n on -a . 1 ! < 0 a n • • n - as 1 ' = • Y 4- 1 n ,. c - .41 ! Z i 1 1 .. < •t ..I n -4 n M < c Y r ti ! ■ _ y ! a 0 4 A C y ! o n n ! c C Z A 1 o 0 n n -• N O 1 -+ Z .4 n Z 0 ! 1 n A -4 - - Z 70 o n n > Z N RI ~ ` r 0 a r r' n O 2 ' •►1 X 0 M -77 y 0 w — . PI -• . CO • . 0 - r V . A O - a X - s $ r o ' • a r C M 0 a Z 1 n 0 0 1 78 M N ■ 3 0 y < , A 0 y N A o n O > . 2 r a = O n N n Z x w 0 < a C = A 0 n s . 0 O ■ a r N . . u ti N CO i 1 / i n v w n .. I t o v ?S t EXHIBIT C I p -; 0 g v 5 n o z D m ., t O an d m ?3. o O f 0 33 c m a� cn r O n o < v) S o e m m n = cn m N o 3 M? m Z - m cn R - Z C) - O -i • ( _ -i Z < m Om m N m a n 3 13 `� SI = r m O r D • S o > o • ' 5 '1 73 Z 70 m --I r ° 0 m A m o P. 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'° - e m n—) 3 ' o° ((''�� F • n K : _3 S' Z N m j - 1) ? ° n ? 0 ^ 2 Y V a • 3 m m o 0 c � G m 3 m H o Z C7 o < ° -Cl ` a s 3 .° D mi l! z v) m; m , v > m m mv m° z= O m N m rr y C 0 - • � 1 -, c TO O• r. x c z > 0 ET, ? a ° FA M C 'S ° y N m m > o - o cn c. 3 a 7 t� -i c (1) x oK 0 m m co< 06678. Nov 9O (Stock Number. 5750- OCO- C07C -5) 02y k [[ 7 • �T7 cD 0 m n > ;0>00 A M, r m 0 r 2 2 0 r z r y v m O 0 z 5 0 n p o 8 < c m < -+ O m O rF(�D m ; i* +n - 0 > , > » 0 9 le y z (T1 C) �o < IL r m -4 - I- < = Z = 3 > c = >< c 0 -1 H Q M /P% O m m m m TT o v m ° cz��� z z„ m _v A ° 1'{ i D j 4 j4j i ;IjI I fl H fl C 0 ' — /mil f'!7 z n 4 m m z c e c 3 f a m S a g s FI u 1 ii _ I. V1 Z� t f wH�� If 0 @ m n i ' o 0 & m a t 3 s' ° a r ° m N '$ o n 2/ H g ,p. u '° g N i a O . -. m 3 m 0 T m a1 ° A u T c 5 4 o • .. 1.0 F °m x n 0 d CO 1 k ? m n ca 4 G i O O .a r H "7 m (o mm 2 0 T N-, 1 � V W .a m O N 4 N V m f/. N 8 W N-. N •• E O r C 0 ft O , N O en co m ....r 0 . -I N 0 z i 3 o m m T n ' °' 0 m N - L' c 1 C m v c * D -t 3 m T 1 C) ' m A 0 z 0 F _1 0 `o z z o 0 0 n 0 m -1 g z O o 2 g 0 o x 3 w --1 m m 0 Z D o 2. I:6 n C n c X < m 0 0 '2'. g z A o ° n 0 o -4 m G m - 0 co -4 r m X m co (Ti t": M z -n H F 0 O D = K C C) ) e H m m f, z N o -I m C Z z -i e CI r- C3 O1 13 10 CO 0 0 o R' a 1 RI r . O < c O z 1 z m 1 1 gn FLORIDA DEPARTMENT OF CHILDREN & FAMI L ES EXHIBIT E • SECURITY AGREEMENT FORM The Department of Children and Families has authorized you: Employee's Name /Organization to have access to sensitive data through the use of computer- related media (e.g., printed reports, microfiche, system inquiry, on -line update, or any magnetic media). Computer crimes are a violation of the department's disciplinary standards and, in addition to departmental discipline, the commission of computer crimes may result in felony criminal charges. The Florida Computer Crimes Act, Chapter 815, Florida Statutes, addresses the unauthorized modification, destruction, disclosure, or taking of information resources. • I have read the above statements and have been provided a copy of the Computer Related Crimes Act, Chapter 815, F.S. • By my signature, I acknowledge that I have received, read and understand Chapter 815, F.S., and have received any necessary clarification from my supervisor. 1 understand that a security violation may result in criminal prosecution according to the provisions of Chapter 815, F.S., and may also result in disciplinary action against me according to the provisions in the Employee I- Iandbook. The minimum security requirements are: • Personal passwords are not to be disclosed. • Information is not to be obtained for my own or another person's personal use. I f Print Employee Name Signature of Employee Date ! i Print Supervisor Name Signature of Supervisor Date CF 114, Dec 96 (Replaces Oct 96 edition which may be used) Distribution of Copies White • Personnel File /Contract File (Stock Number 5740- 000.0114.6) Yellow - Security File Pink - Employee Copy • EXHIBIT G MONROE COUNTY IN HOME SERVICES 5100 COLLEGE ROAD KEY WEST, FL 33040 STATE CCDA CONTRACT Fiscal Year 98 -99 STATE OF FLORIDA COMMUNITY CARE FOR DISABLED ADULTS TOTAL UNITS OF SERVICE PROVIDED: 3ROSS RATES: SASE MANAGEMENT 825 UNITS X $ 50.837 $41,940.58 - 1OMEMAKING 1300 UNITS X $ 28.1702 $36,621.31 MEALS 9400 UNITS X $ 3.6569 $34,374.91 CHORE 110 UNITS X $ 25.5607 $2,811.73 PERSONAL CARE 320 UNITS X $ 26.1792 $8,377.36 TOTAL COST $124,125.89 COUNTY MATCH: CASE MANAGEMENT 825 UNITS X $ 5.0837 $4,194.04 HOMEMAKING 1300 UNITS X $ 2.817 $3,662.09 MEALS 9400 UNITS X $ 0.3657 $3,437.57 CHORE 110 UNITS X $ 2.5561 •$281.16 PERSONAL CARE 320 UNITS X $ 2.6179 $837.73 TOTAL COUNTY COST $12,412.59 I: NET RATES: CASE MANAGEMENT 825 UNITS X $ 45.7533 $37,746.52 HOMEMAKING 1300 UNITS X $ 25.3532 $32,959.21 MEALS 9400 UNITS X $ 3.2912 $30,937.33 CHORE 110 UNITS X $ 23.0046 $2,530.56 PERSONAL CARE 320 UNITS X $ 23.5613 $7,539.68 TOTAL STATE COST $111,713.30 • 5/19/98; 9:58 AM; CCDA99.XLS 3a CERTIFICATION REGARDING LOBBYING Attachment CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Date ,act�f �. ��' (Zi r /ACC o fit' Name of Authorized Individual Application or Contract Number `� Vim• F_ c L� Name of Organization Address of Organization Page _3 as • ATTACHMENT FINANCIAL AND CJMPLL4NCE AUDIT This attachment is applicable if the provider is any state or local government entity, nonprofit organization, or for -profit organization. An audit performed by the Auditor General shall satisfy the requirements of this attachment. If the provider does not meet any of the requirements below, no audit is required by this attachment. PART I: FEDERAL AUDIT REQUIREMENTS This part is applicable if the provider is a local govemment entity, or nonprofit organization, and expends a total of 5300,000 or more in Federal Awards passed through the department during its fiscal year. The determination of when a provider has "expended" Federal Awards is based on when the activity related to the award occurs. Local governments and nonprofit organizations shall comply with the audit requirements contained in OMB Circular A -133, Audits of States, Local Governments, and Non -Profit Organizations, except as modified herein. Such audits shall cover the entire organization for the organization's fiscal year. The reporting package shall include a schedule that discloses the amount of expenditures by contract number for each contract with the department in effect during the audit period. Compliance findings related to contracts with the department shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the department shall be fully disclosed in the audit report with reference to the department contract involved. PART II: DEPARTMENT AUDIT REQUIREMENTS This part is applicable if the provider is a nonprofit organization that receives, during its fiscal year, a total of S100,000 or more in non - federal funds from the department which was not paid from a rate contract based on a set state or area -wide fixed rate for service. The provider agrees to have an annual financial audit performed by independent auditors in accordance with the current Government Auditing Standards issued by the Comptroller General of the United States. Such audits shall cover the entire organization for the organization's fiscal year. The scope of the audit performed shall cover the financial statements and include a report on internal control and compliance. The reporting package shall include a schedule that discloses the amount of receipts by contract number for each contract with the department in effect during the audit period. Compliance findings related to contracts with the department shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable coa:ra:t. All questioned costs and liabilities due to the department shall be fully disclosed in the audit repo. % :ith reference to the department contract involved. Pale 1 of 2 03 0 S 3 I PART III: STATE AU1MT REQUIREMENTS If the provider receives funds from a grants and aids appropriation, the provider shall have an audit, or submit an attestation statement, in accordance with Section 216.349, Florida Statutes. The report shall cover the provider's fiscal year. The audit report shall include a schedule of financial assistance which discloses each state contract by number and indicates which contract funds are from state grants and aids appropriations. The provider has "received" funds when it has obtained cash from the department. PART IV: SUBMISSION OF REPORTS For any of the above requirements, copies of the audit report and any management letter by the independent auditors, or attestation statement, required by this attachment shall be submitted within 180 days after the end of the provider's fiscal year directly to each of the following, unless otherwise required by Florida Statutes: A. Office of Internal Audit 1317 Winewood Boulevard Building 1, Room 301G Tallahassee, Florida 32399 -0700 B. Contract manager for this contract. C. Submit to this address only those reports required by OMB Circular A -133: Federal Audit Clearinghouse Bureau of the Census 1201 E. 10th Street Jeffersonville, Indiana 47132 D. Submit to this address only those audits or attestation statements required by Section 216.349, Florida Statutes: Jim Dwyer Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 The provider shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the department. Page 2 of 2 03.101/93