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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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
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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