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1st Amendment 04/17/1996 • 4J\ J co. I. flannp L. Rotiage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 289 -6027 KEY WEST, FLORIDA 33040 TEL. (305) 852 -7145 FAX (305) 289 -1745 TEL. (305) 292 -3550 FAX (305) 852 -7146 FAX (305) 295 -3660 L'. MEMORANDUM TO: Peter Horton, Director Division of Community Services Attention: Gwen Rodriguez, Director 4it�I�. In -Home Services FROM: Ruth Ann Jantzen, Deputy Clerk DATE: April 30, 1996 On April 17, 1996, the Board of County Commissioners granted approval and authorized execution of the following: Amendment No. 2 to Contract No. KG -551E, between Monroe County and the Alliance for Aging, Inc. Amendment No. 1 to Contract No. KG -007 between Monroe County /Monroe County In Home Services and Florida Department of Health and Rehabilitative Services. Enclosed please find two duplicate originals of each contract, executed on behalf of Monroe County. Please be sure that a fully executed copy of each is returned to this office as soon as possible. If you have any questions concerning the above, please do not hesitate to contact me. cc: County Attorney Finance County Administrator, w/o document File CONTRACT # KG007 AMENDMENT #1 WHEREAS, the Department of Health and Rehabilitative Services, hereinafter referred to as the "Department" and Monroe County In- 1-] Services, herein after referred to as the "Provider" entered into a contract effective July 1, 1995 for the provision of Community Care for the Disabled Adult Services. WHEREAS, Section II.A. of the Department's Standard Contract provides that the "State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature" and, WHEREAS, the 1995 Legislature enacted the General Appropriations Act for Fiscal Year 1995 -96 on June 16, 1995, which failed to fully fund contracts between the Department and its providers, including the instant contract, and required a reduction in all contracts to be taken from administrative costs paid to contract providers. ACCORDINGLY, the Department and Provider must enter this contract amendment to implement Legislative intent. By executing this amendment the parties agree to modify the terms of their contract as specified below. Contract # KG007 is amended as follows: 1. Page 1, Section F (Indemnification) is amended to read: Any provider who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any provider to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision in the State of Florida to be sued by third parties in any matter arising out of any contract. The provider agrees that it is an independent contractor, and not an agent or employee of the Department. 2. Section I1, Paragraph A, which states "amount not to exceed $121,821.00," is hereby amended to read: "amount not to exceed $119,084.58." This results in a net reduction of $2,736.42 as required by the General Appropriations Act for Fiscal Year 1995 -96. To achieve the above reduction, the Provider has reduced administrative costs from 12.63% to 10.64 %, in an amount of $2,976.33, which is more than the required amount of $2,736.42. To balance this budget, the Provider increased Case Management services by 160 units, and the unit cost for said service from $34.71 to $34.69. Homemaker Services remain the same as in the original contract. Home Delivered Meals were increased by 30 units of service, the price remaining the same. Personal Care was reduced by 287 units. 3. Attachment 1, Section C.I, of the Contract is hereby amended to read: The amount of departmental financial participation shall not exceed $1 19,084.58 detailed on Attachment I, subject to the availability of funds. 4. Page 5, Attachment I, of the original Contract is replaced by page 3 of this Amendment. 1 5. Page 19 of the original Contract, is replaced by pages 4 and 5 of this A ;nendment. 6. Page 21 of the original Contract is replaced by page 6 of this Amendment. This Amendment shall begin on December 1, 1995, or the date on which the Amendment has been signed by both parties, whichever is later. All provisions in the Contract and any Attachments thereto in conflict with this Amendment are hereby changed to conform with this Amendment. All provisions not in conflict with this Amendment are still in effect and are to be performed at the level specified in the Contract. IN WITNESS THEREOF, the parties have caused this 6 page Amendment to be executed by their undersigned agents or officials as duly authorized. PROVIDER: STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE MONROE COUNTY IN -HOME RVICES SERVICES BY: BY: czo NAME: : NAME: Anita M. Bock 2/14/,‘ a• TITLE: Mayor. Monroe County TITLE: District Administrator DATE: 4lgb DATE: FEDERAL EID #VF59- 6000749029 PROVIDER FISCAL YEAR ENDS: 9/30/96 APPROVED AS TO FORM AND • L SUFFICII ' BY �• e; ir AN�j ON DATE 3'/ (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY. �1- ss..✓ 44) DEPUTY M 1•4 2 07/01/95 Community Care for Disabled Adults Aging and Adult Services Fixed Price ATTACHMENT I CONTRACT #K0007 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 $ 119,084.58 , 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 $34.6977 , 1,123 Homemaker Services One Hour $20.91123 1,071.5 Home Del. 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C4 66 (0.> -' ' . 1 lit 'IA 0 1.4 0- 0 i.a „ t c ig 1, ti ) 0 .t VI cm im b b io 14 b i.) c) 16 0 LL 9 t4 431, 7 P4 b : .00 hi C3 Ci CD 0 CD C3 4, 0 CD th ca 41. 411b hi hi , 1 , 1• ! • i - 1 • ! 1 i • .,• . . : • 1 ; I • . . . • i . ! • ' ! • ; . ■ . • . • • • . , . : : I • i • i . -5- . • . • . . • . . , : , • MONROE COUNTY IN HOME SERVICES WINO 1I1- PUBLIC SERVICE BUILDING • 5100 COLLEGE ROAD KEY WEST FL 33040 STATE CCDA CONTRACT KG- FY 1995 -1996 AMENDMENT #1 TOTAL UNITS OF SERVICE PROVIDED: • GROSS RATES: CASE MANAGEMENT 1123 UNITS X $ 38.553 $43,295.01 HOMEMAKERS 1071.5 UNITS X $ 23.2347 24,896.00 ; MEALS 7620 UNITS X $ 4.984 37,977.89 PERSONAL, CARE 1067 UNITS X $ 24.5037 26,147.30 TOTAL COST : $132,316.20 COUNTY MATCH: • . CASE MANAGEMENT 1123 UNITS X $ 3.8553 $4,329.50 HOMEMAKERS 1071.5 UNITS X $ 2.32347 2,489.60 MEALS 7620 UNITS X $ 0.4984 3,797.79 PERSONAL CARE 1067 UNITS X $ 2.45037 2,61 .73 TOTAL COUNTY COST $13,231.62 • NET RATES: CASE MANAGEMENT 1123 UNITS X $ 34.6977 $38,965.51 HOMEMAKERS 1071.5 UNITS X $ 20.91123 22,406.40 MEALS 7620 UNITS X $ 4.4856 34,180.10 PERSONAL CARE 1067 UNITS X $ 22.05333 23,532.57 TOTAL STATE COST $119,084.58 • • _ T -6- •