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06/22/1995 Agreement f STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES 6600 S.W. 57th. Avenue, Miami, Florida 33143 6/29/95 Mrs. Gwen Rodriguez, Director Monroe County In -Home Services 5100 College Road, Wing III Stock Island Key West, Florida 33040 Dear Mrs. Rodriguez: Attached please find duly executed Contract KG007 between the Department, and Monroe County In -Home services for the 1995 -1996 State Fiscal Year. We take this opportunity to thank you for your coope- ration in providing services to the Disabled Adults of Monroe County. Sincerely, 41 Pedro C. Bouza, MSW Program Specialist A zir am 4:§ 11 ty ♦i 11 1 �1 DISTRICT ELEVEN LAWTON CHILES, GOVERNOR I .\ w Contract No. i Client la Non - Client ❑ CFDA No. N A Multi - District ❑ Grants and Aids N /A STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES STANDARD CONTRACT THIS CONTRACT is entered into between the State of Florida, Department of Health and Rehabilitative Services, hereinafter referred to as the "department ", and Monroe County In -Home Services hereinafter referred to as the "provider ". THE PARTIES AGREE: I. THE PROVIDER AGREES: 2. To provide a financial and compliance audit to the A.Requirements of Section 287.058, FS department as specified in Attachment 11 and To submit bills for fees or other compensation for to ensure that all related party transactions are services or expenses in sufficient detail for a proper disclosed to the auditor. pre- audit and post -audit thereof. Where applicable, to submit bills for any travel expenses in accordance with 3. To include these aforementioned audit and record section 112.061, FS. The department may when keeping requirements in all approved subcontracts specified in Attachment I, establish rates lower than the and - assignments. maximum provided in section 112.061, FS. To provide units of deliverables, including reports, findings, and 4. To maintain and file with the department such drafts as specified in Attachment I, . to be received and progress, fiscal and inventory reports as specified in accepted by the contract mansg_er prior to payment. To Attachment I, and other reports as the department comply with the criteria and final date by which such may require within the period of this contract. Such criteria must be met for completion of this contract as reporting requirements must be reasonable given the specified in Section III, Paragraph A. of this contract. scope and purpose of this contract. To allow public access to all documents, papers, letters, or other materials subject to the provisions ot D.Retention of Records Chapter 119, FS, and made or received by the provider To retain all client records, financial records, in conjunction with this contract. It is expressly supporting documents, statistical records, and anv understood that substantial evidence of the provider s other documents (including electronic storage media) refusal to comply with this provision shall constitute a pertinent to this contract for a period of five (5) years breach of contract. after termination of the contract, or if an audit has been initiated and audit findings have not been resolved at B.Federal Laws and Regulations the end of five (5) years, the records shall be retained 1.If this contract contains federal funds, the provider until resolution of the audit findings. The provider shall comply with the provisions of 45 CFR, Part will cooperate with the department to facilitate the 74, and /or 45 CFR Part 92, and other applicable duplication and transfer ot any said records or regulations as specified in Attachment I. documents during the required retention period. 2.If this contract contains federal funds and is over E.Monitoring the provider shall comply with all Persons duly authorized by the department and federal applicable standards orders, or regulations issued auditors pursuant to 45 CFR Part 92.36(i)(10), shall under Section 306 o? the Clean Air Act, as amended have full access to and the right to examine any of said (42 U.S.C. 1857(h) et seq.) Section 508 of the records and documents at all reasonable times during Clean Water Act, as amended (33 U.S.C. 1368 et said retention period or as long as records are retained,, seq.), Executive Order 11738, and Environmental whichever is later, including any records, papers, Protection Agency regulations (40 CFR Part 15). documents, facilities relevant to this contract, and /or The provider shall report any violations of the above interview any clients and employees of the provider to to the department. be assured of satisfactory performance of the terms and conditions of this contract. Following such inspection 3.If this contract contains federal funding in excess of the department will deliver to the provider a list of its $100,000, the provider must, rior to contract comments with regard to the manner in which said execution, complete the Certification Regarding goods or services are being provided. The provider Lobbying. form, Attachment N/A . -If a will rectify all noted deficiencies rovided by the Disclosure of Lobbying Activities torm, Standard department within the specified period of time set forth Form LLL, is required, it may be obtained from the in the comments or provide the department with a contract manager. All disclosure forms as required reasonable and acceptable justification for not by the Certification Regarding Lobbying form must correcting the noted shortcomings. The provider's be completed and returned to the contract manager. failure to correct or justify within a reasonable time as • specified by the department may result in the C.Audits and Records withholding of payments, being deemed in breach or 1.To maintain books, records, and documents default, or termination ot this contract. ,(including electronic storage media) in accordance with generally accepted accounting procedures and F.Indemnification practices which sufficiently and properly reflect all Provider agrees that it will indemnify, defend, and hold revenues and expenditures of funds provided by the harmless department and all of department's officers, department under this contract. agents, and employees from any claim, loss, damage, 1 �- F 7/1/95 cost, charge, or expense arising out of any acts, working days will result in a penalty charged' against actions, neglect or omission by provider, its agents the provider and paid to the subcontractor in the • employees, or subcontracts during the performance of amount of one -half of one (1) percent of the amount the contract, whether direct or indirect, and whether to due, per day from the expiration of the period any person or property to which department of said allowed herein for payment. Such penalty shall be parties may be subject, except that neither provider nor in addition to actual payments owed and shall not any, of its subcontractors will be liable under this exceed fifteen (15) percent of the outstanding balance section for damages arising out of injury or damage to due. persons or property directly caused or resulting Trom the sole negligence of the department or any of its J.Return of Funds officers, agents, or employees. To return to the department any overpayments due to unearned funds or funds disallowed pursuant to the Provider's obligation to indemnify, defend, and ay for terms of this contract that were disbursed to the the defense or at the department's option, to participate provider by the department. The provider shall return and associate with the department in the defense and any overpayment to the department within 40 calendar trial of any claim and any related settlement days after either discovery by the provider, or negotiations, shall be triggered by the department's notification by the department, ot the overpayment. In notice of claim for indemnification to provider. the event that the provider or its independent auditor Provider's inability to evaluate liability or its discovers an overpayment has been made, the provider evaluation of liability shall not excuse provider's duty shall repay, said overpayment within 40 calendar days to defend and indemnify within seven days after such without prior notification from the department. In the notice by the department is given by registered mail. event that the department first discovers an Only an adjudication or judgment after the highest overpayment has been made, the department will notify appeal is exhausted specifically finding the department the provider by letter of such a finding. Should solely negligent shall excuse performance of this repayment not be made in a timely manner, the provision by providers. Provider shall pay all costs department will charge interest of one (1) percent per and fees related to this obligation and its enforcement month compounded on the outstanding balance after 40 by the department. Department's failure to notify calendar days after the date of notification or provider of a claim shall not release provider of the discovery. above duty to defend. K.Incident Reporting G. Insurance 1. Client Risk Prevention 1.To provide adequate liability insurance coverage on If services to clients will be provided under this a comprehensive basis and y to hold such liability contract, the provider and any, subcontractors shall, insurance at all times during the existence of this in accordance with the client risk prevention syystem, contract. The provider accepts full responsibility for report those reportable situations listed in HRSR identifying and determining the type(s) and extent of 215 -6 Paragraph 5,, in the manner prescribed in liability insurance necessary to provide reasonable HRSR 215 -6 or district operating procedures. financial protections for the provider and the clients to be served under this contract. Upon the execution 2. Abuse, Neglect and Exploitation Reporting of this contract, the provider shall furnish the In compliance with Chapter 415, FS, an employee of department written verification supporting • both the the provider who knows, or has reasonable cause to determination and existence ot such insurance suspect, that a child aged person or disabled adult is coverage. Such coverage may be provided by a self- or has been abused, neglected, or exploited,. shall and _o insurance program established anperating under immediately report such 'knowledge or suspicion to the laws of the State of Florida. The department the central abuse registry and tracking system of the reserves the right to require additional insurance as department on the single statewide toll -free telephone specified in Attachment I where appropriate. number (1- 800- 96ABUSE). 2.If the rovider is a state agency or subdivision as L.Transportation Disadvantaged defined by s. 768.28, FS, the provider shall furnish If clients are to be transported under this contract, the the department,. upon request, written verification of provider will comply with the provisions of Chapter liability protection in accordance with s. 768.28, FS. 427 FS and Rule Chapter 41 -2, FAC. The provider Nothing herein shall be construed to extend an shall submit to the department the reports required party's liability beyond that provided in s. 768.28 pursuant to Volume 10, Chapter 27, HRS Accounting FS. Procedures Manual. H.Safeguarding Information M.Purchasing Not l to use or disclose any information concerning a 1.PRIDE recipient of services under this contract for any It is agreed that any articles which are the subject of, a purpose not in conformity with the state regulations or are required to carry out this contract shall be nd federal regulations (45 CFR, Part 205.50 ),except purchased from Prison Rehabilitative Industries and upon written consent of the recipient, or his Diversified Ente rises Inc. (PRIDE) identified responsible parent or guardian wheti_authorized by law. under Chapter 946, FS', in the same manner and under the procedures set forth in subsections I.Assignments and Subcontracts 946.515(2) and (4). For purposes of this contract, 1.To neither assign the responsibility of this contract to the provider shall be deemed to be substituted for the another party nor subcontract for any of the work . department insofar as dealings with PRIDE. This contemplated under this contract without prior clause is not applicable to subcontractors, unless written approval of the department. . otherwise required by law. An abbreviated list of products /services available from PRIDE may be 2. Unless otherwise stated in the contract between the obtained by contacting PRIDE, (904) 487 -3774. provider and subcontractor, payments made by the provider to the subcontractor must be within seven 2. Procurement of Materials with Recycled Content (7) working days after receipt of full or partial Additionally, it is expressly understood and agreed 2 payments from the department in accordance with s. that any products or materials which the su 87.0585, FS. Failure to pay within seven (7) of, or are required to carry out this contract shall be 2 717/95 " <4 00-7 ' procured in accordance with the provisions of II. THE DEPARTMENT AGREES: s. 403.7065, and 287.045, FS. A.Contract Amount N.Civil Rights Requirements To pay for contracted services according to the 1. To comply with all federal state, and local laws and conditions of Attachment I in an amount not to exceed ordinances applicable to the work or payment for $ 121, 821.00 , subject to availability of work thereof, including the Americans With funds. The State of Florida's performance and Disabilities Act, and shall not discriminate on the obligation to pay under this contract is contingent upon grounds of race, color, religion, sex, age, handicap, an annual appropriation by the Legislature. The costs national origin political affiliation, or beliefs, in the of services paid under any other contract or from any performance of this contract. other source are not eligible for reimbursement under this contract. The provider agrees that compliance with this assurance constitutes a condition a continued receipt B.Contract Payment of or benefit from funds provided through this Pursuant to s. 215.422, FS, provides that the contract, and that it is binding upon the provider,. its department has five (5) working days to inspect and succors, transferees, and assignees for the period approve goods and services, unless - bid specifications during which services are provided. The rovider or the P.O. specifies otherwise. With the exception of further assures that all contractors, subcontractors, payments to health care providers for hospital, medical, subgrantees, or others with whom it arranges to or other health care services, if payment is not provide services or benefits to participants or available within 40 days, measured from the latter of employees in connection with any of its programs the date the invoice is received or the goods or services and activities are not discriminating against those are received, inspected and approved, a separate participants or employees in violation of the above interest_ penalty set by the Comptroller pursuant to s. statutes, regulations, guidelines, and standards. 55.03, FS, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, 2.Compliance Questionnaire please contact the district fiscal office /contract In accordance with HRSM 220 -2, the provider administrator. Payments to health care providers for agrees to complete the Civil Rights Compliance hospitals, medical or other health care services, shall uestionnaire, HRS Forms 946 A and B, if services be made not more than 35 days from the date of are provided to clients and if 15 or more individuals eligibility for payment is determined, and the monthly are employed. interest rate is 1 %. Invoices returned to a vendor due to preparation errors will result in a ayment delay. O.Withholdings and Other Benefits Invoice payment requirements do not start until a The provider is responsible for Social Security and properly completed invoice is provided to the Income Tax withholdings. The provider is not entitled department. to state retirement or leave benefits except where the provider is a state agency. Unless justified by the C.Vendor Ombudsman provider and agreed to by, the department in A Vendor Ombudsman has been established within the Attachment I, the department will not furnish services Department of Banking and Finance. The duties of this of support (e.g., office space, office supplies individual include acting as an advocate for vendors telephone service, secretarial, or clerical support) who may be experiencing problems in obtaining timely normally available to career service employees. payment(s) from a state agency. The - Vendor Ombudsman may be contacted at (904) 488 -2924 or P.Sponsorship 1- 800 - 848 -3792, the State Comptroller's Hotline. As required by s. 286.25, FS, if the provider is a nongovernmental organization which sponsors a III. THE PROVIDER AND DEPARTMENT program financed wholly or in part by, state funds, MUTUALLY AGREE: including any funds obtained through this contract, it shall, in publicizing, advertising or describing the A.Effective and Ending Dates, . sponsorship of the program, state: "Sponsored by This contract shall. begin on (provider's name) and the State of Florida Department or on. . date: ,On which the contract has been signed of Health and Rehabilitative Services ; '. If the by both parties, whichever is later, and end on sponsorship reference is in written material the words 6/30/96 -. State of Florida, Department of Health and Rehabilitative Services" shall appear in the same size type as the name of the or a nization. B . T Ter a t letters or t i yP g 1.Ter at Will This contract may be terminated by either party, upon Q.Final Invoice To submit the final invoice for payment to the no less than thirty (30) calendar days notice, without P cause, unless a lesser time is mutually agreed upon department no more than 6 days after the by both parties. Said notice shall be delivered by contract ends or is terminate . the provider fails to certified mail, return receipt requested, or in person do so, all right to payment is forfeited and the with proof of delivery. department will not honor any requests submitted after the aforesaid time period. Any payment due under the 2.Termination Because of Lack of Funds terms of this contract may be withheld until all reports In the event funds to finance this contract become due from the provider and necessary adjustments unavailable, the department may terminate the thereto have been approved by the department. contract upon no less than twenty -four (24) hours R.Use Of Funds For Lobbying notice in writing to the provider. Said notice shall y� g Prohibited be delivered by certified mail, return receipt To comply with the provisions of section 216.347, FS, requested, or in person with proof of delivery. The which prohibits the expenditure of contract funds for department shall be the final authority as to the the purpose of lobbying the Legislature, judicial branch availability of funds. or a state agency. 3 I, 7/1/95 Contract No. 3.Termination for Breach appropriations process and subsequently identified in This contract may be terminated for non - the department's operating budget. performance by the provider upon no less than twenty four (24) hours notice. If applicable the E.Notice and Contact department may employ the default provisions in 1.The name, address and telephone number of the Chapter 60A- 1.1006 ), FAC. Waiver of breach of de contract manager for the department for this contract any provisions of this contract shall not be deemed g p to be a waiver of any other breach and shall not be is: Pedro C. Bouza construed to be a modification of the terms of this 6 6 0 0 S . W . 57 Avenue contract. The provisions herein do not limit the Miami Florida 33143 department's right to remedies at law or to damages. Tel: 305) 284-0950 C.Name, Mailing and Street Address of Payee 1.The name (provider name as shown on page 1 of this 2.The name, address and telephone number of the contract) and mailing address of the official payee to representative of the provider responsible for whom the payment shall be made is: administration of the program under this contract: Monroe County In —Home Services Gwen Rodriguez, Director 5100 College Road, Wing III 5100 College Road, Wing III Key West, Florida 33040 Key West, Florida 33040 Tel: (305) 292 -4589 3.In the event that different representatives are 2.The name of the contact person and street address designated by either party after execution of this where financial and administrative records are contract, notice of the name and address of the new maintained: Gwen Rodriguez, Director representative will be rendered in writing to the other party and said notification attached to ori 5100 College Road,Wing III of this contract. Key West, Florida 33040 F.All Terms and Conditions Included This contract and its attachments as referenced, Attachment I, & II Exhibits A, E, C, & D. D.Renegotiation or Modification Modifications of provisions of this contract shall only , be valid when they have been reduced to writing and contain all the terms and conditions agreed upon b duly signed. The rate of payment and the total dollar g P by the amount may be adjusted retroactively to reflect price parties. level increases and changes in the rate of payment when these have been established through the IN WITNESS THEREOF the parties hereto have caused this 28 page contract to be executed by their undersigned officials as duty authorized. PROVIDER STATE OF FLORIDA, DEPARTMENT OF MONROE COUNTY IN —HOME SERVICES HEALTH AND REHABILITATIVE SERVICES • SIGNED B7-: "P� SIGNED BY �� ‹26-4; --�'' NAME: ij�]E hldii % SHIRLEY FREEMAN NAME: i/ to M. Bock %� TITLE: Mayor TITLE:' District Administrator DATE: Jug 2 - 2 -, i g q S DATE: 6— d 7 _q STATE AGENCY 29 DIGIT SAMAS CODE: 601010003076060040011100603 Federal EID # (or SSN): VF59- 6000749029 Provider Fiscal Year Ending Date: September 30, 19 9 5 ATTEST: DANNY L. KOLHAGE, CLERK By 4 G . _ -` �- Deputy Clerk `kC o o'1 07/01/95 Community Care for Disabled Adults Aging and Adult Services Fixed Price ATTACHMENT I A. Services to be Provided. The services to be provided are identified in Section C.2. of this attachment. The applicable service definitions and standards are found in HRSM 140 -8. The performance standard, Exhibit A , will be used during monitoring and quality assurance visits if the provider determines client eligibility for services. B. Manner of Service Provision. 1. The provider will maintain a current record on each individual in the program including current documentation of eligibility for services; identifying information about the recipient and established need to receive the services; service delivery data; and all other forms or records necessary for program operation and reporting as determined necessary by the department. 2. If the services are not provided in the client's home, the provider will maintain their facilities in which the services are provided so that at all times the facilities conform to the standards required by state and local fire and health authorities, whichever are more stringent. 3. The provider will maintain sufficient staff, facilities and equipment to deliver the agreed upon services or will notify the department whenever they are unable or are going to be unable to provide the required quality or quantity of services. C. Method of Payment. 1. The department shall make payment to the provider for a total dollar amount not to exceed $121,821.00 , subject to the availability of funds. 2. The department shall make payment to the provider for provision of services up to a maximum number of units of service and at the rate(s) stated below: Services to be Provided Units of Service Unit Rate Maximum Units Case Management One Hour $34.71022 1,023 Homemaker Services One Hour $20.91125 1,071.5 Home Delivered Meals One Meal $4.485625 7,590 Personal Care One Hour $22.05329 1,354 GA08 Jr. 07/01/95 Community Care for Disabled Adults 3. Rates listed in paragraph C -2 are the department's 90% share of the gross cost per unit of service. If the contract is for Adult Day Health Care or Medicaid waiver service(s) for Medicaid waiver eligible recipients, then no match is required. 4. The provider shall submit to the contract manager an original and 3 copies of invoices, Exhibit B for payment on a monthly basis. The due date for these invoices is the 10th day of the month following the month being reported. a. The provider agrees to identify Medicaid waiver eligible clients and direct bill the Medicaid fiscal agent for services rendered to these clients. Provider further agrees to furnish the contract manager with a copy of the remittance voucher from the Medicaid fiscal agent on a monthly basis. b. Provider agrees to accept the Medicaid reimbursement as payment in full and not bill a Medicaid recipient or the department for the cost of the service or any portion of the cost of the service. The provider agrees to abide by the provisions of the Medicaid Aged /Disabled Waiver Handbook. 5. The provider expressly understands that any payment due under the terms of this contract may be withheld pending the re- ceipt and approval of the department of all financial and program reports due from the provider as a part of this contract and any adjustments thereto. 6. A final report will be made to the department within sixty (60) days after the contract ends or is terminated, on a form provided by the department, identifying total units of service and total payment received. In the event of an over- payment resulting from revised units of service for the contract period being reported, these monies must be returned to the department with the final report. D. Special Provisions. 1. State Laws and Regulations a. The provider will comply with the applicable provisions of Chapter 409, Chapter 410 and Section 20.19(2)(b)2f, Florida Statutes. b. The provider will comply with the applicable provisions of Chapter 10A -16, 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. d. The provider, if offering Adult Day Care Services or Adult.Day Health Care Services, shall be licensed unless otherwise exempted under Chapter 400, Part V, Florida Statutes. A / qoo'? 07/01/95 Community Care for Disabled Adults 2. 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 pro- vided, the number of units provided and the dates of service provision. This must track to each invoice for payment. Requests for payment which cannot be supported with supporting document 1 - :'on will be returned to the provider upon inspection by the department. 3. Service Reports The provider agrees to submit to the contract manager a monthly summary report and six, nine and twelve months cumulative summary reports as described in Chapter 5, HRSM 140 -8. 4. Expenses Receipts are required for all expenses incurred, (e.g., office supplies, printing, long distance telephone calls, etc.). Receipts are required for all expenses of this nature. 5. Subcontracts a. Departmental approval of the provider's application shall constitute approval of the provider sub- contracts if the subcontracts follow the service and funding information as identified in the approved provider application. b. The provider will provide technical assistance to all subcontractors, as necessary. c. The provider agrees to conduct monitoring of subcontract agencies. Copies of reports of such monitoring visits will be submitted to the department and other appropriate agents in a format and within the time frames approved by the department. 6. Suspension a. The department may, for reasonable cause, temporarily suspend the use of funds by a provider pending cor- rective action, or pending a decision to terminate the award. b. The department may prohibit the provider from receiving further payments and may prohibit the provider from in- curring additional obligations of funds. The suspension may apply to only part, or all of the provider's operation. 7 07/01/95 Community Care for Disabled Adults c. To suspend operations of the provider, the department will notify the provider in writing by Certified Mail of: the action to be taken; the reason(s) for such action; and the conditions of the suspension. The notification will also: indicate what corrective action(s) are necessary to remove the suspension; indicate the provider's right to an administrative hearing; and provide the provider with the appropriate time period to request an administrative hearing before the effective date of the suspension (unless provider's actions warrant an immediate suspension). 7. Copyrights Clause Where activities supported by this contract produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the department has the right to use, duplicate and dis- close such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the department to do so. If the materials so developed are subject to copyright or patent legal title and every right, interest, claim, or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the State of Florida, Department of State, for the exclusive use and benefit of the state. Pursuant to section 286.021, Florida Statutes (1987), no person, firm or corporation, including parties to this contract, shall be entitled to use the copyright, patent or trademark without the written consent of the Department of State. 8. Grievance and Fair Hearings Procedures The provider will utilize the department's fair hearing system outlined in HRSM 195 -1, Chapter 4 by which client served by the provider under this contract may present a request for a fair hearing. 9. Fees No fees shall be imposed other than those set by the department. Fees collected in compliance with departmental di- rectives will be disposed of in a manner prescribed by the department. 8 tgOG'7 07/01/95 Community Care for Disabled Adults 10. Project Independence The department has implemented Project Independence, an initiative to assist public assistance recipients to enter and remain in gainful employment. Employment of Project Independence 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. The provider or its agent agrees to notify the department of entry level employment opportunities associated with this contract that require a high - - olool education or less. The department will provide information to the provider identifying Project Independence clients that are referred to the provider. In the event that the provider or its agent employs a person who was referred by the department's Project Independence office, the provider will notify the department. 11. Plan of Care Providers acknowledge that the Medicaid waiver client's plan of care is the official document authorizing Medicaid billing. If the provider serves Medicaid waiver clients, the provider agrees to provide services in accordance with the client's plan of care as authorized by the client's case manager. If the provider provides adult day health care services, the provider agrees to provide only those service units contained in the client's plan of care and authorized by the department in accordance with established review procedures. 12. Human Rights Advocacy Committee 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. 13. Penalty for Late Payment of Invoices 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 the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Comptroller pursuant to Section 55.03, F.S., will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the District Fiscal Office. THIS PAGE LEFT BLANK INTENTIONALLY ib C) 14. 14. PROVIDER SELF - MONITORING The Provider agrees to complete a SELF - MONITORING report each, and every quarter of the contract. The completed form must be submitted to the Contract Manager by the 15th. day of the month following the quarter.(Exhibit D) 15. SERVICE PRIORITY Priority for services will be given to individuals referred by the Department. 16. IMPACT ZONE PLANNING DATA The Provider will make available to HRS District 11 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 HRS impact zone planning. 17. POSITION REDUCTIONS If the Provider reduces the number of positions charged to this contract, the Department reserves the right to reduce payments accordingly. 18. SUBCONTRACTS The Provider agrees to disclose the exact amount of contract funding used to compensate each employee or sub- contractor to the provider on an individual basis. The Provider will submit a final report of expenditures no later than 45 days following the ending date of the contract. The expenditure report will show the total amount of compen- sation from the contract (including salaries, wages, fringe benefits, bonuses, perquisite, etc.) to each employee of the Provider, by name, position title, and rate of pay. If the compensation to an employee of the Provider, is made up, in whole or in part by funds received by the Provi- der under other Department (HRS) contract (s) the report must include additional columns in order to indentify those amounts by HRS Contract Number. Each subcontractor of the Provider will be considered the same as en employee for the purposes of this report. Subcon- tractors are not required to report conpensation paid to each employee on an individual basis. /1 19. TERMS AND CONDITIONS The following, as referenced contain all the terms and conditions agreed upon by the parties. Attachment I (Services, and conditions) Attachment II (Financial and Compliance Audits) Exhibit A (Quality Assurance) Exhibit B (Fixed Price Invoice) Exhibit C (Budget) Exhibit D (Provider Self Monitoring Form) Jz • IS.40 O CCDA -1 Exhibit A FY 1995 - 96 COMMUNITY CARE FOR DISABLED ADULTS QUALITY ASSURANCE STANDARD STANDARD: Clients receiving Community Care for Disabled Adults (CCDA) services meet all eligibility requirements, have been properly assessed, have received individualized care plans based on individualized client needs, and case records are complete and up -to -date. District office files include scheduled semi - annual monitoring reports (unless district has been granted a waiver by PDACS), corrective action plans with documentation of implementation of those plans, district service plans for disabled adult population, provider monthly summary reports, provider semi - annual service cost reports, provider six, nine and twelve month cumulative summary reports, and documentation of district tracking of fee assessment monies and tracking of purchased durable medical equipment. METHODOLOGY: The program specialist will review selected case records to determine compliance with the following criteria: o Client's age is 18 -59; o Client has a permanent disability and case plan contains documentation supporting said disability as defined in HRSM 140 -8 as a medically determined physical or mental impairment that has lasted or is expected to last for 12 months or longer and restricts the client's ability to perform normal activities of daily living as determined through the initial functional assessment and documentation of disability;. o Medicaid Waiver clients must be assessed at risk of nursing home placement; o Client must not be receiving comparable services from other entities; o Client needs a CCDA service and documentation exists that all comparable existing community services and funding sources have been explored and exhausted; /3 o Client 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 services; o Documentation of the client's income and assessment for fee collection; if applicable; o Fee assessments are tracked by the unit or provider as applicable- o A copy of the referral /intake form, DOEA Form 111 A; o Current (within one year) uniform client assessment, DOEA Form 111 B which has been completed, scored, signed and dated which clearly indicates the client's capabilities, problems services needed; • o Current (within six months and evidenced to have been updated quarterly or more if necessary) service plan, HRS -AA 1025 form, which coincides with client's current assessment; o Current (within one year) Medicaid waiver health professional statement, HRS -AA Form 1055, for SSI CCDA clients who receive Medicaid waiver services; or 3008 for ICP CCDA clients. o An information release form signed by the client allowing the case manager to make arrangements for the provision of services; o Current (within on year) Client Information System (CIS) HRS Form 3012; o A case narrative with entries which are reasonable timely, accurate, and ensure that client - involved goals and the client's changing needs are being addressed. Exhibit A /y GA08 (1) Notation in case record that CCDA case manager has viewed a check awards letter or other indicating evidence that the client receives SSI, SSDI, or some other disability payment; or (2) A written statement from a licensed physician (M.D. or Doctor of Osteopathic Medicine, or a mental health professional). This "statement" must at a minimum, include the applicant's diagnosis, prognosis, and the author's concurrence or nonconcurrence with a broad statement about the client's level of functioning and need for assistance due to his disability. LOCATION: Aging and Adult Service unit and /or CCDA provider. PERIOD OF ASSESSMENT: Previous twelve months. AUTHORITY: Section 410.601, F.S., Chapter 10A -16, F.A.C. HRSM 140 -8. SAMPLE SIZE: Three to Five active case records as time allows. ESTIMATE OF STAFF TIME: 20 minutes per case record, if no other problems exist. RATING METHODOLOGY: This standard is in compliance if 100 percent of the elements in 100 percent of the sampled files confirm clients are eligible and case records are up -to -date. This standard is considered in partial compliance if at least 90 percent of the elements in 100 percent of the sampled files confirm that clients are eligible and /or case records are up -to -date. Exhibit A GA08 THIS PAGE LEFT BLANK INTENTIONALLY I( 61 7o a1 7 EXAMPLE FIXED PRICE INVOICE I N V O I C E for month of , 199 DATE PROVIDER'S NAME CONTRACT # PROVIDER'S ADDRESS PERIOD OF SERVICE PROVISION Phase or Service Amount per Phase or Unit Amount Due Units of Service for which funds are requested Total Due $ Signature of Provider Approval Signature of Contract Manager Date Approved Exhibit F3 THIS PAGE LEFT BLANK INTENTIONALLY 18 N CO CO co i 0 0 D ∎ 0 W W N O • -a col 3 € N En>,... D. 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N OOOO A O W 4a cn co O N O O N e N N 0 0 0 0 0 V O o 0n /9 , LEFT BLANK INTENTIONALLY • , MONROE COUNTY IN HOME SERVICES WING 111- PUBLIC SERVICE BUILDING 5100 COLLEGE ROAD KEY WEST FL 33040 EXHIBIT C STATE CCDA CONTRACT KG- FY 1995 -1996 TOTAL UNITS OF SERVICE PROVIDED: GROSS RATES: CASE MANAGEMENT 1023 UNITS X $ 38.5669 $39,453.96 HOMEMAKERS 1071.5 UNITS X $ 23.2347 24,896.00 MEALS 7590 UNITS X $ 4.984 37,828.77 PERSONAL CARE 1354 UNITS X $ 24.5037 33,177.94 TOTAL COST $135,356.67 COUNTY MATCH: CASE MANAGEMENT 1023 UNITS X $ 3.856675 $3,945.40 HOMEMAKERS 1071.5 UNITS X $ 2.323454 2,489.60 MEALS 7590 UNITS X $ 0.498375 3,782.88 PERSONAL CARE 1354 UNITS X $ 2.450413 3,317.79 TOTAL COUNTY COST $13,535.67 NET RATES: CASE MANAGEMENT 1023 UNITS X $ 34.71022 $35,508.56 HOMEMAKERS 1071.5 UNITS X $ 20.91125 22,406.40 MEALS 7590 UNITS X $ 4.485625 34,045.89 PERSONAL CARE 1354 UNITS X $ 22.05329 29,860.15 TOTAL STATE COST $121,821.00 04/20/95 12:15 PM B12.WK4 LEFT BLANK INTENTIONALLY ( < � Exhibit D DISTRICT XI COMMUNITY CARE FOR DISABLED ADULTS PROVIDER SELF MONITORING This form must be completed by the Agency Director each quarter. Form must be submitted to the contract manager on or before the 15th day of the month after the quarter ends AGENCY: FY: QTR: Total # of clients receiving service: Total # of new, unduplicated clients during quarter: Total # of cases closed during quarter: Total # on waiting list: # determined eligible: # pending eligibility determination: Number of client files reviewed by zupervisors or administrators during quarter: Number of clients contacted by supervisors or administrators during the quarter: Staff turnover: o/# Administrators: o/# Supervisor: o/# Direct services staff: o/# Clerical: The information contained in this report are true and correct to the best of my knowledge. Name /Title Date 2 3 LEFT BLANK INTENTIONALLY 7 r } • C d 6 7 FINANCIAL AND COMPLIANCE AUDITS ATTACHMENT This attachment is applicable, if the provider or grantee, hereinafter referred to as provider, is any local government entity, nonprofit organization, or for - profit organization. An audit performed by the Auditor General shall satisfy the requirements of this attachment. PART I: FEDERALLY FUNDED This part is applicable if the provider is a local government entity or nonprofit organization and receives a total of $25,000 or more in federal funds passed through the department during its fiscal year. The provider has "received" federal funds when it has obtained the cash from the department or when it has incurred reimbursable expenses. Local governments shall comply with the audit requirements contained in Office of Management and Budget (OMB) Circular A -128, Audits of State and Local Governments. Nonprofit providers shall comply with OMB Circular A -133, Audits of Institutions of Higher Learning and Other Nonprofit Institutions, except as modified herein. Such audits shall cover the entire organization for the organization's fiscal year. The audit report shall include a schedule of financial assistance that discloses each state contract by number. 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. Where applicable, the audit report shall state whether or not matching requirements were met. All questioned costs and liabilities due to the department shall be fully disclosed in the audit report with reference to the department contract involved. If the provider has received any funds from a grants and aids appropriation, the provider will also submit a compliance report in accordance with the rules of the Auditor General, chapter 10.600, and indicate on the schedule of financial assistance which contracts are funded from state grants and aids appropriations. The provider agrees to submit the required reports as shown in Part IV. PART II: STATE FUNDED This part is applicable if the provider is a nonprofit organization that receives a total of $100,000 or more from the department during its fiscal year, which is not paid on a set state or area -wide fixed rate for service, and of which less than $25,000 is federally funded. The provider has "received" funds when it has obtained the cash from the department or when it has incurred reimbursable expenses. 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 reports on internal control and compliance. The audit report shall include a schedule of financial assistance that discloses each state contract by number. 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. Where applicable, the audit report shall state whether or not matching requirements were met. All questioned costs and liabilities due to the department shall be fully disclosed in the audit report with reference to the department contract involved. If the provider has received any funds from a grants and aids appropriation, the provider will also submit a compliance report in accordance with the rules of the Auditor General, chapter 10.600, and indicate on the schedule of financial assistance which contracts are funded from state grants and aids appropriations. The provider agrees to submit the required reports as shown in Part IV. 0 2 4 2-- 07/01/94 ° V LEFT BLANK INTENTIONALLY ( • KCc PART III: CHAPTER 10.600, OR NO AUDIT REQUIREMENT This part is applicable if the provider is either (1) a for - profit organization, (2) a local government entity receiving less than $25,000 in federal funds from the department during its fiscal year, (3) a nonprofit organization receiving less than $100,000 from the department, of which less than $25,000 is federally funded, during its fiscal year, or (4) a nonprofit organization receiving a total of $100,000 or more from the department based on a set state or area -wide fixed rate for service, of which less than $25,000 is federally funded. The provider has "received" funds when it has obtained cash from the department or when it has incurred reimbursable expenses. 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 the rules of the Auditor General, chapter 10.600. The audit report shall include a schedule of financial assistance that discloses each state contract by number and indicates which contracts are funded from state grants and aids appropriations. The provider agrees to submit the required reportd as shown in Part IV. Otherwise, if the provider does not recieve funds from a grants and aids appropriation, the provider has no audit or attestation requirement required by this attachment. PART IV: SUBMISSION OF REPORTS 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, unless otherwise required by Florida Statutes, to the following: • A. Audit and Evaluation 1317 Winewood Boulevard, Building B, Room 492 Tallahassee, Florida 32399 -0700 B. Contract manager for this contract C. Submit to this address only those reports prepared in accordance with OMB Circular A -133: Federal Audit Clearinghouse P. 0. Box 5000 • Jeffersonville, Indiana 47199 -5000 D. Submit to this address only those reports prepared in accordance with the rules of the Auditor General, chapter 10.600: 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. 07/01/94 LEFT BLANK INTENTIONALLY .g