12/11/2014 AgreementY
ORIGINAL
Contract No. KG070 ......................... FU ........................................... Client ® ftr lent
CFDA No. N/A `_ . --,w , ,o � r
THIS CONTRACT is entered into be��for�a
a r'"f�ment of Children and Families, hereinafter referred to as the "Department
and Monroe County, hereinafter referred to as the "Provider". The Department and Provider agree as follows:
*If this document is denoted above as a GRANT AGREEMENT, the term "Contract" as it may appear hereinafter shall be construed to
mean "Grant" or "Grant Agreement" as the context may provide. Similarly, the term "Provider" shall be construed to mean "Grantee" and
the term "Contract Manager' shall be construed to mean "Grant Manager."
ENGAGEMENT, TERM AND CONTRACT DOCUMENT.
1.1 Purpose and Contract Amount.
The Department is engaging the Provider for the purpose of providing in -home services to eligible disabled adults ages 18 -59 to
prevent inappropriate institutionalization, as further described in Section 2 hereof, payable as provided in Section 3 hereof, in an
amount not to exceed $286,065.50.
1.2 Effective and Ending Dates.
This Contract shall be effective on January 1, 2015 or the last date executed by a party, whichever is later. The service performance
period under this Contract shall commence on January 1, 2015 or the effective date of this Contract, whichever is later, and shall end at
midnight, Eastern time, on June 30, 2018, subject to the survival of terms provisions of Section 7.4 hereof.
® This Contract may not be renewed.
❑ This Contract may be renewed in accordance with Section 26 of the PUR 1000 Form and, if renewed, costs for the renewal
may not be charged to this Contract.
❑ The renewal price(s) set forth in the bid, proposal, or reply are shown in Exhibit F_, subject to negotiation at renewal
per section 287.057(13), Florida Statutes (F.S.). ® Not applicable.
1.3 Official Payee and Party Representatives.
a. The name, address, telephone number and e-mail address
c. The name, address, telephone number and e-mail address of
of the Provider's official payee to whom the payment shall be
the Contract Manager for the Department for this Contract are:
directed on behalf of the Provider are:
Name: Monroe County BOCC
Name: Theresa Phelan
Address: 500 Whitehead Street
Address: 1111 1P Street
#304
City: Key West State:FL Zip Code:33040
City: Key West State: FL Zip Code: 33040
Phone: 305 - 292 -4500
Phone: 305. 293.6350
ext:
ext:
e -mail: N/A
e-mail: trixie_phelan @dcf.state.fLus
b. The name of the contact person and address, telephone,
d. The name, address, telephone number and e-mail of the
and e-mail address where the Provider's financial and
Provider's representative responsible for administration of the
administrative records are maintained are:
program under this Contract (and primary point of contact) are:
Name: Sheryl Graham
Name: Sheryl Graham
Address: 1100 Simonton Street
Address: 1100 Simonton Street
City: Key West State:FL Zip Code:33040
City: Key West State:FL Zip Code:33040
Phone: 305. 292 -4510
Phone: 305. 292.4510
ext:
ext:
e -mail: graham - sheryl @ monroecounty- fl.gov
e- mail: graham -sheryl @monroecounty - fl.gov
Per section 402.7305(1)(a), F.S., the Department's Contract Manager is the primary point of contact through which all contracting
information flows between the Department and the Provider. Upon change
of representatives (names, addresses, telephone numbers or
e -mail addresses) by either party, notice shall be provided in writing to the other party.
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1.4 Contract Document.
This Contract is composed of Sections 1 through 7 hereof, as well as Exhibits A through F and attachments 1 through 2 and any exhibits
referenced in said attachments, together with any documents incorporated by reference, which contain all the terms and conditions
agreed upon by the parties.
1.4.1 The definitions found in the Standard Contract Definitions, located at:
http: / /www.dcf. state. fl. us /admin/ contracts / docs /StandardContractTerms20l4.pdf are incorporated into and made a part of this
Contract. Additional definitions may be forth in Exhibit A, Special Provisions.
1.4.2 The PUR 1000 Form (10/06 version) is hereby incorporated into and made a part of this Contract. Sections 1.d., 24, 6, 8 -13,
23, 27 and 31 of the PUR 1000 Form are not applicable to this Contract. In the event of any conflict between the PUR 1000 Form
and any other terms or conditions of this Contract, such other terms'or conditions shall take precedence over the PUR 1000 Form.
1.4.3 The terms of Exhibit A, Special Provisions, supplement or modify the terms of Sections 1 through 7 hereof, as provided
therein.
1.4.4 In the event of a conflict between the provisions of the documents, the documents shall be interpreted in the following order of
precedence:
a. Exhibits A through F;
b. Any documents incorporated into any exhibit by reference;
c. This Standard Contract;
d. Any documents incorporated into this Contract by reference.
e. Attachments 1 through 2.
2. STATEMENT OF WORK
The Provider shall perform all tasks and provide units of deliverables, including reports, findings, and drafts, as specified in this Contract.
Except for advances, if any, provided for in this Contract, these deliverables must be received and accepted by the Contract Manager in
writing prior to payment, subject to subsequent audit and review and to the satisfaction of the Department. The Department's
determination of acceptable services shall be conclusive. Department receipt of reports and other submissions by the Provider does not
constitute acceptance thereof, which occurs only through a separate and express act of the Contract Manager. Unless otherwise
provided in the procurement document, if any, or governing law, the Department reserves the right to increase or decrease the volume of
services and to add tasks that are incidental or complimentary to the original scope of services. Except where the method of payment is
prescribed by law, compensation under Section 3 will be equitably adjusted by the Department to the extent that it prescribes a fixed
price (previously called "fixed fee ") payment method or does not provide a method of payment for added tasks.
2.1 Scope of Work.
The Scope of Work is described in Exhibit B.
2.2 Task List.
The Provider shall perform all tasks set forth in the Task List, found in Exhibit C, in the manner set forth therein.
2.3 Deliverables.
Deliverables shall be as described in Exhibit D.
2.4 Performance Measures.
2.4.1 Performance Measures for Acceptance of Deliverables. The performance measures for acceptance of deliverables are
set forth in Exhibit D, Section D -2.
2.4.2 Minimum Performance Measures. To avoid contract termination, Provider's performance must meet the minimum
performance standards set forth in Exhibit E, Minimum Performance Measures, Section E -1, regardless of any other performance
measures in this Contract. By execution of this Contract the Provider hereby acknowledges and agrees that its performance under
the Contract must meet these Minimum Performance Measures and that it will be bound by the conditions set forth therein. If the
Provider fails to meet these standards, the Department, at its exclusive option, may allow a reasonable period, not to exceed 6
months, for the Provider to correct performance deficiencies. If performance deficiencies are not resolved to the satisfaction of the
Department within the prescribed time, and if no extenuating circumstances can be documented by the Provider to the Department's
satisfaction, the Department must terminate the Contract. The Department has the sole authority to determine whether there are
extenuating or mitigating circumstances. The Provider further acknowledges and agrees that during any period in which the
CF Integrated Contract 2014 2 Contract No. KG070
Provider fails to meet these standards, regardless of any additional time allowed to correct performance deficiencies, payment for
deliverables may be delayed or denied and financial consequences may apply.
3. PAYMENT, INVOICE AND RELATED TERMS.
The Department shall pay for services performed by the Provider during the service performance period of this Contract according to the
terms and conditions of this Contract in an amount not to exceed that set forth in Section 1.1 hereof, subject to the availability of funds
and satisfactory performance of all terms by the Provider. Except for advances, if any, provided for in this Contract, payment shall be
made only upon written acceptance of all services by the Department and shall remain subject to subsequent audit or review to confirm
contract compliance. 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.
3.1 Method of Payment.
The Provider shall be paid in accordance with Exhibit F Method of Payment and Invoices.
3.2 Invoices.
3.2.1 Generally. The Provider shall submit bills for fees or other compensation for services or expenses in sufficient detail for
proper pre -audit and post- audit. Where itemized payment for travel expenses is permitted in this Contract, the Provider shall submit
bills for any travel expenses in accordance with section 112.061, F.S., or at such lower rates as may be provided in this Contract.
3.2.2 Final Invoice. The final invoice for payment shall be submitted to the Department no more than 45 days after the Contract
ends or is terminated. If the Provider fails to do so, all rights to payment are forfeited and the Department will not honor any
requests submitted after the aforesaid time period. Any payment due under the terms of this Contract may be withheld until
performance of services and all reports due from the Provider and necessary adjustments thereto, have been approved by the
Department.
3.3 Financial Consequences.
If the Provider fails to perform in accordance with this Contract or perform the minimum level of service required by this Contract, the
Department will apply financial consequences as provided for in Section 6.1 hereof. The parties agree that the penalties provided for
under Section 6.1 hereof constitute financial consequences under sections 287.058(1)(h) and 215.971(1)(c), F.S. The foregoing does
not limit additional financial consequences, which may include but are not limited to refusing payment, withholding payments until
deficiency is cured, tendering only partial payments, applying payment adjustments for additional financial consequences or for liquidated
damages to the extent that this Contract so provides, or termination of this Contract per Section 6.2.3 hereof and requisition of services
from an alternate source. Any payment made in reliance on the Provider's evidence of performance, which evidence is subsequently
determined to be erroneous, will be immediately due as an overpayment in accordance with Section 3.4 hereof, to the extent of such
error.
3.4 Overpayments and Offsets.
The Provider shall return to the Department any overpayments due to unearned funds or funds disallowed that were disbursed to the
Provider by the Department and any interest attributable to such funds. Should repayment not be made promptly upon discovery by the
Provider or its auditor or upon written notice by the Department, the Provider will be charged interest at the lawful rate of interest on the
outstanding balance until returned. Payments made for services subsequently determined by the Department to not be in full compliance
with contract requirements shall be deemed overpayments. The Department shall have the right at any time to offset or deduct from any
payment due under this or any other contract or agreement any amount due to the Department from the Provider under this or any other
contract or agreement.
3.5 MvFloridaMarketPlace Transaction Fee
This Contract is exempt from the MyFloridaMarketPlace transaction fee.
4. GENERAL TERMS AND CONDITIONS GOVERNING PERFORMANCE.
4.1 Compliance with Statutes, Rules and Regulations.
In performing its obligations under this Contract, the Provider shall without exception be aware of and comply with all State and Federal
laws, rules and regulations relating to its performance under this Contract as they may be enacted or amended from time -to -time,
including but not limited to those described in Exhibit Al, as well as any court or administrative order, judgment, settlement or compliance
agreement involving the Department which by its nature affects the services provided under this Contract.
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4.2 Independent Contractor, Subcontracting and Assignments.
4.2.1 In performing its obligations under this Contract, the Provider shall at all times be acting in the capacity of an independent
contractor and not as an officer, employee, or agent of the State of Florida, except where the Provider is a State agency. Neither the
Provider nor any of its agents, employees, subcontractors or assignees shall represent to others that it is an agent of or has the
authority to bind the Department by virtue of this Contract, unless specifically authorized in writing to do so. This Contract does not
create any right in any individual to State retirement, leave benefits or any other benefits of State employees as a result of
performing the duties or obligations of this Contract.
4.2.2 The Provider shall take such actions as may be necessary to ensure that it and each subcontractor of the Provider will be
deemed to be an independent contractor and will not be considered or permitted to be an officer, employee, or agent of the State of
Florida. The Department will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or
clerical support) to the Provider, or its subcontractor or assignee, unless specifically agreed to by the Department in this Contract.
All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all
necessary insurance for the Provider, the Provider's officers, employees, agents, subcontractors, or assignees shall be the sole
responsibility of the Provider and its subcontractors. The parties agree that no joint employment is intended and that, regardless of
any provision directing the manner of provision of services, the Provider and its subcontractors alone shall be responsible for the
supervision, control, hiring and firing, rates of pay and terms and conditions of employment of their own employees.
4.2.3 The Provider shall not assign its responsibilities under this Contract to another party, in whole or part, without prior written
approval of the Department, upon the Department's sole determination that such assignment will not adversely affect the public
interest. No payment shall be made under this Contract to any factor or other person who has been assigned or transferred the
right to receive payment in lieu of or on behalf of the Provider except upon full and faithful performance of the Provider's duties
hereunder. Any assignment or transfer occurring without prior approval of the Department shall be null and void. The Provider shall
not subcontract for any of the work contemplated under this Contract without prior written approval of the Department, which shall
not be unreasonably withheld.
4.2.4 The State of Florida shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under
this Contract to another governmental agency in the State of Florida or to a provider of the Department's selection, upon giving prior
written notice to the Provider. In the event of assignment by either party, this Contract shall remain binding upon the lawful
successors in interest of the Provider and the Department.
4.2.5 The Provider is responsible for all work performed and for all commodities produced pursuant to this Contract whether
actually furnished by the Provider or by its subcontractors. Any subcontracts shall be evidenced by a written document. The
Provider further agrees that the Department shall not be liable to the subcontractor in any way or for any reason relating to this
Contract.
4.2.6 The Provider shall include, in all subcontracts (at any tier) the substance of all clauses contained in this Contract that mention
or describe subcontract compliance, as well as all clauses applicable to that portion of the Provider's performance being performed
by or through the subcontract.
4.3 Provider Indemnity.
Section 19 of PUR 1000 Form shall apply per its terms, except that the phrase "arising from or relating to personal injury and damage to
real or personal tangible property" in the first paragraph is replaced with "arising out of or by reason of the execution of this Contract or
arising from or relating to any alleged act or omission by the Provider, its agents, employees, partners, or subcontractors in relation to this
agreement," and the following additional terms will also apply:
4.3.1 If the Provider removes an infringing product because it is not reasonably able to modify that product or secure the
Department the right to continue to use that product, the Provider shall immediately replace that product with a non - infringing product
that the Department determines to be of equal or better functionality or be liable for the Department's cost in so doing.
4.3.2 Further, the Provider shall indemnify the Department for all costs and attorneys fees arising from or relating to Provider's claim
that a record contains trade secret information that is exempt from disclosure or the scope of the Provider's redaction of the record,
as provided for under Section 5.3. hereof, including litigation initiated by the Department.
The Provider's inability to evaluate liability or its evaluation of liability shall not excuse its duty to defend and indemnify after receipt of
notice. Only an adjudication or judgment after the highest appeal is exhausted finding the Department negligent shall excuse the
Provider of performance under this provision, in which case the Department shall have no obligation to reimburse the Provider for the
cost of its defense. If the Provider is an agency or subdivision of the State, its obligation to indemnify, defend and hold harmless the
CF Integrated Contract 2014 4 Contract No. KG070
Department shall be to the extent permitted by section 768.28, F.S. or other applicable law, and without waiving the limits of sovereign
immunity.
4.4 Insurance.
The Provider shall maintain continuous adequate liability insurance coverage during the existence of this Contract and any renewal(s)
and extension(s) thereof. With the exception of a State agency or subdivision as defined by subsection 768.28(2), F.S., by execution of
this Contract, 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 and shall furnish verification of renewal or replacement thereof prior to the expiration or cancellation. The Department reserves
the right to require additional insurance as specified in this Contract.
4.5 Notice of Legal Actions.
The Provider shall notify the Department of potential or actual legal actions taken against the Provider related to services provided
through this Contract or that may impact the Provider's ability to deliver the contractual services, or that may adversely impact the
Department. The Department's Contract Manager will be notified within 10 days of Provider becoming aware of such actions or potential
actions or from the day of the legal filing, whichever comes first.
4.6 Intellectual Property.
It is agreed that all intellectual property, inventions, written or electronically created materials, including manuals, presentations, films, or
other copyrightable materials, arising in relation to Provider's performance under this Contract, and the performance of all of its officers,
agents and subcontractors in relation to this Contract, are works for hire for the benefit of the Department, fully compensated for by the
contract amount, and that neither the Provider nor any of its officers, agents nor subcontractors may claim any interest in any intellectual
property rights accruing under or in connection with the performance of this Contract. It is specifically agreed that the Department shall
have exclusive rights to all data processing software falling within the terms of section 119.084, F.S., which arises or is developed in the
course of or as a result of work or services performed under this Contract, or in any way connected herewith. Notwithstanding the
foregoing provision, if the Provider is a university and a member of the State University System of Florida, then section 1004.23, F.S.,
shall apply.
4.6.1 If the Provider uses or delivers to the Department for its use or the use of its employees, agents or contractors, any design,
device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood that, except as to those items
specifically listed in Exhibit A as having specific limitations, the compensation paid pursuant to this Contract includes all royalties or
costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this Contract. For
purposes of this provision, the term "use" shall include use by the Provider during the term of this Contract and use by the
Department its employees, agents or contractors during the term of this Contract and perpetually thereafter.
4.6.2 All applicable subcontracts shall include a provision that the Federal awarding agency reserves all patent rights with respect
to any discovery or invention that arises or is developed in the course of or under the subcontract. Notwithstanding the foregoing
provision, if the Provider or one of its subcontractors is a university and a member of the State University System of Florida, then
section 1004.23, F.S., shall apply, but the Department shall retain a perpetual, fully -paid, nonexclusive license for its use and the use
of its contractors of any resulting patented, copyrighted or trademarked work products.
4.7 Transition Activities.
Continuity of service is critical when service under this Contract ends and service commences under a new contract. Accordingly, when
service will continue through another provider upon the expiration or earlier termination of this Contract, the Provider shall, without
additional compensation, complete all actions necessary to smoothly transition service to the new provider. This includes but is not
limited to the transfer of relevant data and files, as well as property funded or provided pursuant to this Contract. The Provider shall be
required to support an orderly transition to the next provider no later than the expiration or earlier termination of this Contract and shall
support the requirements for transition as specified in a Department- approved Transition Plan, which shall be developed jointly with the
new provider in consultation with the Department.
4.8 Real Property.
Any State funds provided for the purchase of or improvements to real property are contingent upon the Provider granting to the State a
security interest in the property at least to the amount of the State funds provided for at least five (5) years from the date of purchase or
the completion of the improvements or as further required by law. As a condition of receipt of State funding for this purpose, the Provider
agrees that, if it disposes of the property before the Department's interest is vacated, the Provider will refund the proportionate share of
the State's initial investment, as adjusted by depreciation.
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4.9 Publicity.
Without limitation, the Provider and its employees, agents, and representatives will not, without prior Departmental written consent in
each instance, use in advertising, publicity or any other promotional endeavor any State mark, the name of the State's mark, the name of
the State or any State agency or affiliate or any officer or employee of the State, or any State program or service, or represent, directly or
indirectly, that any product or service provided by the Provider has been approved or endorsed by the State, or refer to the existence of
this Contract in press releases, advertising or materials distributed to the Provider's prospective customers.
4.10 Sponsorship.
As required by section 286.25, F.S., if the Provider is a non - governmental organization which sponsors a program financed wholly or in
part by State funds, including 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 Florida, 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 at least the
same size letters or type as the name of the organization.
4.11 Employee Gifts.
The Provider agrees that it will not offer to give or give any gift to any Department employee during the service performance period of this
Contract and for a period of two years thereafter. In addition to any other remedies available to the Department, any violation of this
provision will result in referral of the Provider's name and description of the violation of this term to the Department of Management
Services for the potential inclusion of the Provider's name on the suspended vendors list for an appropriate period. The Provider will
ensure that its subcontractors, if any, comply with these provisions.
4.12 Mandatory Reporting Requirements.
The Provider and any subcontractor must comply with and inform its employees of the following mandatory reporting requirements. Each
employee of the Provider, and of any subcontractor, providing services in connection with this Contract who has any knowledge of a
reportable incident shall report such incident as follows: 1) reportable incidents that may involve an immediate or impending impact on
the health or safety of a client shall be immediately reported to the Contract Manager; and 2) other reportable incidents shall be reported
to the Department's Office of Inspector General by completing a Notification /Investigation Request (Form CF 1934) and emailing the
request to the Office of Inspector General at ig_complaints @dcf.state.fl.us. The Provider and subcontractor may also mail the completed
form to the Office of Inspector General, 1317 Winewood Boulevard, Building 5, 2nd Floor, Tallahassee, Florida, 32399 -0700; or via fax at
(850) 488 -1428. A reportable incident is defined in CFOP 180 -4, which can be obtained from the Contract Manager.
5. RECORDS, AUDITS AND DATA SECURITY.
5.1 Records, Retention, Audits, Inspections and Investigations.
5.1.1 The Provider shall establish and maintain books, records and documents (including electronic storage media) sufficient to
reflect all income and expenditures of funds provided by the Department under this Contract.
5.1.2 Retention of all client records, financial records, supporting documents, statistical records, and any other documents
(including electronic storage media) pertinent to this Contract shall be maintained by the Provider during the term of this Contract
and retained for a period of six (6) years after completion of the Contract or longer when required by law. In the event an audit is
required under this Contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until
resolution of any audit findings or litigation based on the terms of this Contract, at no additional cost to the Department.
5.1.3 Upon demand, at no additional cost to the Department, the Provider will facilitate the duplication and transfer of any records
or documents during the term of this Contract and the required retention period in Section 5.1.2 hereof.
5.1.4 These records shall be made available at all reasonable times for inspection, review, copying, or audit by Federal, State, or
other personnel duly authorized by the Department.
5.1.5 At all reasonable times for as long as records are maintained, persons duly authorized by the Department and Federal
auditors, pursuant to 45 Code of Federal Regulations (CFR) s. 92.36(i)(1 0), shall be allowed full access to and the right to examine
any of the Provider's contracts and related records and documents, regardless of the form in which kept.
5.1.6 A financial and compliance audit shall be provided to the Department as specified in this Contract and in Attachment 1.
5.1.7 The Provider shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed
necessary by The Office of the Inspector General (section 20.055, F.S.).
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No record may be withheld nor may the Provider attempt to limit the scope of any of the foregoing inspections, reviews, copying,
transfers or audits based on any claim that any record is exempt from public inspection or is confidential, proprietary or trade secret
in nature; provided, however, that this provision does not limit any exemption to public inspection or copying to any such record.
5.2 Inspections and Corrective Action.
The Provider shall permit all persons who are duly authorized by the Department to inspect and copy any records, papers, documents,
facilities, goods and services of the Provider which are relevant to this Contract, and to interview any clients, employees and
subcontractor employees of the Provider to assure the Department of the satisfactory performance of the terms and conditions of this
Contract. Following such review, the Department will deliver to the Provider a written report of its findings, and may direct the
development, by the Provider, of a corrective action plan where appropriate. The Provider hereby agrees to timely correct all deficiencies
identified in the Department's written report. This provision will not limit the Department's termination rights under Section 6.2.3 hereof.
5.3 Provider's Confidential and Exempt Information.
5.3.1 By executing this Contract, the Provider acknowledges that, having been provided an opportunity to review all provisions
hereof, all provisions of this Contract not specifically identified in writing by the Provider prior to execution hereof as "confidential or
exempt" will be posted by the Department on the public website maintained by the Department of Financial Services pursuant to
section 215.985, F.S. The Provider agrees that, upon written request of the Department, it shall promptly provide to the Department
a written statement of the basis for the exemption applicable to each provision identified by the Provider as "confidential or exempt ",
including the statutory citation to an exemption created or afforded by statute, and state with particularity the reasons for the
conclusion that the provision is exempt or confidential.
5.3.2 Any claim by Provider of trade secret (proprietary) confidentiality for any information contained in Provider's documents
(reports, deliverables or workpapers, etc., in paper or electronic form) submitted to the Department in connection with this Contract
will be waived, unless the claimed confidential information is submitted in accordance with Section 5.3.2.a. hereof.
a. The Provider must clearly label any portion of the documents, data, or records submitted that it considers exempt from
public inspection or disclosure pursuant to Florida's Public Records Law as trade secret. The labeling will include a
justification citing specific statutes and facts that authorize exemption of the information from public disclosure. If
different exemptions are claimed to be applicable to different portions of the protected information, the Provider shall
include information correlating the nature of the claims to the particular protected information.
b. The Department, when required to comply with a public records request including documents submitted by the Provider,
may require the Provider to expeditiously submit redacted copies of documents marked as trade secret in accordance
with Section 5.3.2.a hereof. Accompanying the submission shall be an updated version of the justification under Section
5.3.2.a. hereof, correlated specifically to redacted information, either confirming that the statutory and factual basis
originally asserted remain unchanged or indicating any changes affecting the basis for the asserted exemption from
public inspection or disclosure. The redacted copy must exclude or obliterate only those exact portions that are claimed
to be trade secret. If the Provider fails to promptly submit a redacted copy, the Department is authorized to produce the
records sought without any redaction of proprietary or trade secret information.
The Provider shall be responsible for defending its claim that each and every portion of the redactions of trade secret information are
exempt from inspection and copying under Florida's Public Records Law.
5.4 Health Insurance Portability and Accountability Act.
❑ The Provider certifies that neither it nor its subcontractors will have access to, receive or provide Protected Health Information
within the meaning of the Health Insurance Portability and Accountability Act (42 U.S.C. s.1320d.) and the regulations promulgated
thereunder (45 CFR Parts 160,162, and 164) incidental to performance of this Contract.
® In compliance with 45 CFR s.164.504(e), the Provider shall comply with the provisions of Attachment 2 to this Contract,
governing the safeguarding, use and disclosure of Protected Health Information created, received, maintained, or transmitted by the
Provider or its subcontractors incidental to the Provider's performance of this Contract.
5.5 Confidential Client and Other Information. Except as provided in this Contract, the Provider shall not use or disclose but shall
protect and maintain the confidentiality of any client information and any other information made confidential by Florida law or Federal
laws or regulations that is obtained or accessed by the Provider or its subcontractors incidental to performance under this Contract.
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5.6 Data Security. The Provider shall comply with the following data security requirements whenever the Provider or its
subcontractors have access to Department data systems or maintain any client or other confidential information in electronic form:
5.6.1 An appropriately skilled individual shall be identified by the Provider to function as its Data Security Officer. The Data
Security Officer shall act as the liaison to the Departments security staff and will maintain an appropriate level of data security for
the information the Provider is collecting or using in the performance of this Contract. An appropriate level of security includes
approving and tracking all Provider employees that request or have access to any Departmental data system or information. The
Data Security Officer will ensure that user access to the data system or information has been removed from all terminated Provider
employees.
5.6.2 The Provider shall provide the latest Departmental security awareness training to its staff who have access to departmental
information.
5.6.3 All Provider employees who have access to Departmental information shall comply with, and be provided a copy of CFOP 50-
2, and shall sign the DCF Security Agreement form CF 0114 annually. A copy of CF 0114 may be obtained from the Contract
Manager.
5.6.4 The Provider shall make every effort to protect and avoid unauthorized release of any personal or confidential information by
ensuring both data and mobile storage devices are encrypted as prescribed in CFOP 50 -2. If encryption of these devices is not
possible, then the Provider shall assure that unencrypted personal and confidential Departmental data will not be stored on
unencrypted storage devices.
5.6.5 The Provider agrees to notify the Contract Manager as soon as possible, but no later than five (5) business days following the
determination of any breach or potential breach of personal and confidential Departmental data.
5.6.6 The Provider shall at its own cost provide notice to affected parties no later than 45 days following the determination of any
potential breach of personal or confidential Departmental data as provided in section 817.5681, F.S. The Provider shall also at its
own cost implement measures deemed appropriate by the Department to avoid or mitigate potential injury to any person due to a
breach or potential breach of personal and confidential Departmental data.
The Provider shall cause each of its subcontractors having access to Department data systems or maintaining any client or other
confidential information in electronic form to comply with the provisions of this Section 5.6 and the term 'Provider" shall be deemed to
mean the subcontractor for such purposes.
6. PENALTIES, TERMINATION AND DISPUTE RESOLUTION.
6.1 Financial Penalties for Failure to Take Corrective Action.
6.1.1 In accordance with the provisions. of section 402.73(1), F.S., and Rule 65- 29.001, F.A.C., corrective action plans may be
required for noncompliance, nonperformance, or unacceptable performance under this Contract. Penalties may be imposed for
failures to implement or to make acceptable progress on such corrective action plans.
6.1.2 The increments of penalty imposition that shall apply, unless the Department determines that extenuating circumstances
exist, shall be based upon the severity of the noncompliance, nonperformance, or unacceptable performance that generated the
need for corrective action plan. The penalty, if imposed, shall not exceed ten percent (10 %) of the total contract payments during the
period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not
been made. Noncompliance that is determined to have a direct effect on client health and safety shall result in the imposition of a ten
percent (10 %) penalty of the total contract payments during the period in which the corrective action plan has not been implemented
or in which acceptable progress toward implementation has not been made.
6.1.3 Noncompliance involving the provision of service not having a direct effect on client health and safety shall result in the
imposition of a five percent (5 %) penalty. Noncompliance as a result of unacceptable performance of administrative tasks shall result
in the imposition of a two percent (2 %) penalty.
6.1.4 The deadline for payment shall be as stated in the Order imposing the financial penalties. In the event of nonpayment the
Department may deduct the amount of the penalty from invoices submitted by the Provider.
6.2 Termination.
6.2.1 In accordance with Section 22 of PUR 1000 Form, this Contract maybe terminated by the Department without cause upon no
less than thirty (30) calendar days notice in writing to the Provider unless a sooner time is mutually agreed upon in writing.
CF Integrated Contract 2014 8 Contract No. KG070
6.2.2 In the event funds for payment pursuant to this Contract become unavailable, the Department may terminate this Contract
upon no less than twenty-four (24) hours notice in writing to the Provider. The Department shall be the final authority as to the
availability and adequacy of funds.
6.2.3 In the event the Provider fails to fully comply with the terms and conditions of this Contract, the Department may terminate the
Contract upon no less than twenty-four (24) hours (excluding Saturday, Sunday, and Holidays) notice in writing to the Provider.
Such notice may be issued without providing an opportunity for cure if it specifies the nature of the noncompliance and states that
provision for cure would adversely affect the interests of the State or is not permitted by law or regulation. Otherwise, notice of
termination will be issued after the Provider's failure to fully cure such noncompliance within the time specified in a written notice of
noncompliance issued by the Department specifying the nature of the noncompliance and the actions required to cure such
noncompliance. In addition, the Department may employ the default provisions in Rule 60A- 1.006(3), F.A.C., but is not required to
do so in order to terminate the Contract. The Department's failure to demand performance of any provision of this Contract shall not
be deemed a waiver of such performance. The Department's waiver of any one breach of any provision of this Contract shall not be
deemed to be a waiver of any other breach and neither event shall be construed to be a modification of the terms and conditions of
this Contract. The provisions herein do not limit the Department's right to remedies at law or in equity.
6.2.4 Failure to have performed any contractual obligations under any other contract with the Department in a manner satisfactory
to the Department will be a sufficient cause for termination. To be terminated 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 timely correct the unsatisfactory performance to the satisfaction of the Department; or (2) had a contract
terminated by the Department for cause. Termination shall be upon no less than twenty-four (24) hours notice in writing to the
Provider.
In the event of termination under Sections 6.2.1 or 6.2.2 hereof, the Provider will be compensated for any worts satisfactorily completed
through the date of termination or an earlier date of suspension of work per Section 21 of the PUR 1000.
6.3 Dispute Resolution.
Any dispute concerning performance of this Contract or payment hereunder shall be decided by the Department's Contract Manager,
who shall reduce the decision to writing and provide a copy to the Provider. The decision shall be final and conclusive unless within
twenty-one (21) calendar days from the date of receipt of the Contract Manager's decision, the Provider delivers to the Contract Manager
a petition for alternative dispute resolution. After receipt of a petition for alternative dispute resolution the Department and the Provider
shall attempt to amicably resolve the dispute through negotiations. Timely delivery of a petition for alternative dispute resolution and
completion of the negotiation process shall be a condition precedent to any legal action by the Provider concerning this Contract. After
timely delivery of a petition for alternative dispute resolution, the parties may employ any dispute resolution procedures described in the
Attachment I or other attachment, or mutually agree to an alternative binding or nonbinding dispute resolution process, the terms of which
shall be reduced to writing and executed by both parties. Completion of such agreed process shall be deemed to satisfy the requirement
for completion of the negotiation process. This provision shall not limit the parties' rights of termination under Section 6.2 hereof.
All notices provided under Section 6 shall be in writing on paper, physically sent to the person identified in Section 1.3.d hereof by U.S.
Postal Service or any other delivery service that provides verification of delivery, or by hand delivery.
7. OTHER TERMS.
7.1 Governing Law and Venue.
This Contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in
accordance with Florida law, without regard to Florida provisions for conflict of laws. Courts of competent jurisdiction in Florida shall
have exclusive jurisdiction in any action regarding this Contract and venue shall be in Leon County, Florida. Unless otherwise provided in
any other provision or amendment hereof, any amendment, extension or renewal (when authorized) may be executed in counterparts as
provided in Section 46 of the PUR 1000 Form.
7.2 No Other Terms.
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.
7.3 Severability of Terms.
If any term or provision of this Contract is legally determined unlawful or unenforceable, the remainder of the Contract shall remain in full
force and effect and such term or provision shall be stricken.
CF Integrated Contract 2014 9 Contract No. KG070
7.4 Survival of Terms.
The parties agree that, unless a provision of this Contract, its attachments or incorporated documents expressly states otherwise as to
itself or a named provision, all provisions of this Contract concerning obligations of the Provider and remedies available to the
Department are intended to survive the "ending date" or an earlier termination of this Contract. The Provider's performance pursuant to
such surviving provisions shall be without further payment, as the contract payments received during the term of this Contract are
consideration for such performance.
7.5 Modifications.
Modifications of provisions of this Contract shall be valid only when they have been reduced to writing and duly signed by both parties.
The rate of 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.
7.6 Most Favored Party Status.
The Provider represents and warrants that the prices and terms for its services under this Contract are no less favorable to the
Department than those for similar services under any existing contract with any other party. The Provider further agrees that, within 90
days of Provider entering into a contract or contract amendment or offering to any other party services similar to those under this
Contract under prices or terms more favorable than those provided in this Contract, the Provider will report such prices and terms to the
Department, which prices or terms shall be effective as an amendment to this Contract upon the Department's written acceptance
thereof. Should the Department discover such other prices or terms, the same shall be effective as an amendment to this Contract
retroactively to the earlier of the effective date of this Contract (for other contracts in effect as of that date) or the date they were first
contracted or offered to the other party (for subsequent contracts, amendments or offers) and any payment in excess of such pricing
shall be deemed overpayments. Provider shall submit an affidavit no later than July 31st of each year during the term of this Contract
attesting that the Provider is in compliance with this provision, as required by section 216.0113, F.S.
7.7 Anticompetitive Agreements.
The Provider will not offer, enter into nor enforce any formal or informal agreement with any person, firm or entity under which the parties
agree to refrain from competing for any future service contract or limit in any manner the ability of either party to obtain employment by or
provide services to the Department or a provider of services to the Department.
7.8 Communications.
Except where otherwise provided in this Contract, communications between the parties regarding this Contract may be by any
commercially reasonable means. Where this Contract calls for communication in writing, such communication includes email, and
attachments thereto are deemed received when the email is received.
7.9 Accreditation.
The Department is committed to ensuring provision of the highest quality services to the persons we serve. Accordingly, the Department
has expectations that where accreditation is generally accepted nationwide as a clear indicator of quality service, the majority of the
Department's providers will either be accredited, have a plan to meet national accreditation standards, or will initiate a plan within a
reasonable period of time.
7.10 Transitioning Young Adults.
The Provider understands the Department's interest in assisting young adults aging out of the dependency system. The Department
encourages Provider participation with the local Community-Based Care Lead Agency Independent Living Program to offer gainful
employment to youth in foster care and young adults transitioning from the foster care system.
7.11 DEO and Workforce Florida.
The Provider understands that the Department, the Department of Economic Opportunity, and Workforce Florida, Inc., have jointly
implemented an initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter and remain in gainful
employment. The Department encourages Provider participation with the Department of Economic Opportunity and Workforce Florida.
7.12 Purchases by Other Agencies.
The Department of Management Services may approve this Contract as an alternate contract source pursuant to Rule 60A- 1.047, Florida
Administrative Code, if requested by another agency. Other State agencies may purchase from the resulting contract, provided that the
Department of Management Services has determined that the contract's use is cost - effective and in the best interest of the State. Upon
CF Integrated Contract 2014 10 Contract No. KGO70
such approval, the Contractor may, at its discretion, sell these commodities or services to additional agencies, upon the terms and
conditions contained herein.
By signing this Contract, the parties agree that they have read and agree to the entire Contract, as described in Section 1.4
hereof.
IN WITNESS THEREOF, the parties hereto have caused this 42 page Contract to be executed by their undersigned officials as duly
authorized.
PROVIDER: Monroe County Board of County FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
Commissioners
Signature: Signature:
Print/Type k Print/Type
Name: Danny Kohlage Name: Bronwyn Stanford
Title: Monroe County Mayor Title: Regional Managing Director
Date: 1zj III ZO 14 Date:
The parties agree that any future amendment(s) replacing this page will not affect the above execution.
STATE AGENCY 29 DIGIT FLAIR CODE: N/A
Federal Tax ID # (or SSN): 59. 6000749 Provider Fiscal Year Ending Date: 09/30
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CF Integrated Contract 2014 11 Contract No. KG070
EXHIBIT A — SPECIAL PROVISIONS
The following provisions supplement or modify the provisions of Sections 1 through 7, above, as provided herein:
SECTION 1: ENGAGEMENT, TERM AND CONTRACT DOCUMENT
SECTION 2: STATEMENT OF WORK.
SECTION 3: PAYMENT, INVOICE AND RELATED TERMS
SECTION 4: GENERAL TERMS AND CONDITIONS GOVERNING PERFORMANCE
4.13 Client Risk Prevention.
If services to clients are to be provided under this Contract, the Provider and any subcontractors shall, in accordance with the client risk
prevention system, report those reportable situations listed in CFOP 215 -6 in the manner prescribed in CFOP 215 -6. The Provider shall
immediately report any knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to
the Florida Abuse Hotline on the statewide toll -free telephone number (1- 800- 96ABUSE). As required by Chapters 39 and 415, F.S., this
provision is binding upon both the Provider and its employees.
4.14 Emergency Preparedness Plan.
If the tasks to be performed pursuant to this Contract include the physical care or supervision of clients, the Provider shall, within 30 days
of the execution of this Contract, submit to the Contract Manager an emergency preparedness plan which shall include provisions for
records protection, alternative accommodations for clients in substitute care, supplies, and a recovery plan that will allow the Provider to
continue functioning in compliance with the executed contract in the event of an actual emergency.
4.14.1 For the purpose of disaster planning, the term supervision includes a child who is under the jurisdiction of a dependency court.
Children may remain in their homes, be placed in a non - licensed relative /non- relative home, or be placed in a licensed foster care
setting.
4.14.2 No later than twelve months following the Department's original acceptance of a plan and every twelve months thereafter, the
Provider shall submit a written certification that it has reviewed its plan, along with any modifications to the plan, or a statement that no
modifications were found necessary.
4.14.3 The Department agrees to respond in writing within 30 days of receipt of the original or updated plan, accepting, rejecting, or
requesting modifications. In the event of an emergency, the Department may exercise oversight authority over such Provider in order to
assure implementation of agreed emergency relief provisions.
SECTION 5: RECORDS, AUDITS AND DATA SECURITY
SECTION 6: PENALTIES, TERMINATION AND DISPUTE RESOLUTION
SECTION 7: OTHER TERMS
A -7.1. Program or Service Specific Terms
This contract falls under the Adult Protective Services Program (APS), Community Care for Disabled Adults (CCDA). Service
specific terms used in this document are defined as follows:
CF Integrated Contract 2014 12 Contract No. KG070
A -7.1.1 Activities of Daily Living - Basic activities performed in the course of daily living, such as dressing, bathing, grooming,
eating, using a commode or urinal, and ambulating around one's own home.
A -7.1.2 Adult Protective Services - Adult Protective Services is the State agency that provides funding for the CCDA program.
A -7.1.3 CCDA — Community Care for Disabled Adults.
A -7.1.4 Case Management - a client centered series of activities which includes planning, arrangement for and coordination of
appropriate community -based services for an eligible Community Care for Disabled Adult client and is an approved service. It
includes intake and referral, comprehensive assessment, development of a service plan, arrangement for service and
monitoring of client's progress to assure the effective delivery of services and reassessment.
A -7.1.5 Client -Any person who is eligible and is at least eighteen (18) years through age fifty -nine (59), has one (1) or more
permanent physical or mental limitations that restrict the client's ability to perform normal activities of daily living, and impede
the client's capacity to live independently or with relatives or friends without the provision of community -based services.
A -7.1.6 Home Delivered Meals — Provision of meals delivered to the home for those who have difficulty shopping for groceries
or preparing nutritious meals.
A -7.1.7 Homemaker Service - Performance of or assistance in accomplishing household tasks including housekeeping, meal
planning and preparation, shopping assistance, and routine household activities by a trained homemaker.
A -7.1.8 Personal Care Services - Individual assistance with or supervision of essential activities of daily living, such as
bathing, dressing, ambulating, supervision of self- administered medication, eating, and assistance with securing health care
from appropriate sources. Personal care services shall not be construed to mean the provision of medical, nursing, dental or
mental health services by the personal care service staff.
A -7.2. Fees
A -7.2.1 The case management provider will collect fees for services provided according to Rule 65C- 2.007, F.A.C.
A.7.2.2 No fees shall be assessed other than those established by the Department. Fees collected in compliance with the
department directives will be reinvested in a manner prescribed by the Department.
A -7.3. Policy and Procedures Manuals
Comprehensive Policy and Procedures Manuals must be developed and maintained by the provider. All manuals must include
the specific requirements necessary to address accounting, purchasing, personnel and programmatic components of the
agency's current business practices. All manuals should contain an overview page describing the purpose of the manual, a
table of contents, numbered pages, be revised /updated regularly and should reflect approval (with date) by the board of
directors (or designee).
CF Integrated Contract 2014 13 Contract No. KG070
EXHIBIT Al- STATE AND FEDERAL LAWS, RULES AND REGULATIONS RELATING TO PERFORMANCE
As provided in Section 4.1 of this Contract, the Provider is required to comply with the following requirements, as applicable to its
performance under this Contract, as they may be enacted or amended from time to time. Provider acknowledges that it is independently
responsible for investigating and complying with all State and Federal laws, rules and regulations relating to its performance under this
Contract and that the below is only a sample of the State and Federal laws, rules and regulations that may govern its performance under
this Contract.
A1.1 Federal Law.
A1-1.1 If this Contract contains Federal Funds, the Provider shall comply with the provisions of Federal law and regulations
including, but not limited to, 45 CFR, Parts 74 and 92, and other applicable regulations.
Al -1.2 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 others, and as supplemented in Department of Labor
regulation 41 CFR, Part 60 and 45 CFR, Part 92, if applicable.
A1.1.3 If this Contract contains over $100,000 of Federal Funds, the Provider shall comply with all applicable standards, orders, or
regulations issued under section 306 of the Clean Air Act, as amended (42 United States Code (U.S.C.) 7401 et seq.), section 508
of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), Executive Order 11738, as amended and where
applicable, and Environmental Protection Agency regulations (40 CFR, Part 30). The Provider shall report any violations of the
above to the Department.
A1-1.4 No Federal Funds received in connection with this Contract may be used by the Provider, or agent acting for the Provider,
or subcontractor to influence legislation or appropriations pending before the Congress or any State legislature. If this Contract
contains Federal funding in excess of $100,000, the Provider must, prior to contract execution, complete the Certification Regarding
Lobbying form, Attachment NIA. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained
from the contract manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and
returned to the Contract Manager, prior to payment under this Contract.
A1.1.5 If this Contract contains Federal Funds and provides services to children up to age 18, the Provider shall comply with the
Pro - Children Act of 1994 (20 U.S.C. 6081). Failure to comply with the provisions of the law may result in the imposition of a civil
monetary penalty of up to $1,000 for each violation or the imposition of an administrative compliance order on the responsible
entity, or both.
A1.1.6 Unauthorized aliens shall not be employed. Employment of unauthorized aliens shall be cause for unilateral cancellation of
this Contract by the Department for violation of section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324 a) and section
101 of the Immigration Reform and Control Act of 1986. The Provider and its subcontractors will enroll in and use the E -verify
system established by the U.S. Department of Homeland Security to verify the employment eligibility of its employees and its
subcontractors' employees performing under this Contract. "Employee assigned to the contract" means all persons employed or
assigned (including subcontractors) by the Provider or a subcontractor during the contract term to perform work pursuant to this
contract within the United States and its
A1-2 Civil Rights Requirements. In accordance with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of
1990, or the Florida Civil Rights Act of 1992, as applicable the Provider shall not discriminate against any employee (or applicant for
employment) in the performance of this Contract because of race, color, religion, sex, national origin, disability, age, or marital status.
Further, the Provider agrees not to discriminate against any applicant, client, or employee in service delivery or benefits in connection
with any of its programs and activities in accordance with 45 CFR, Parts 80, 83, 84, 90, and 91, Title VI of the Civil Rights Act of 1964, or
the Florida Civil Rights Act of 1992, as applicable and CFOP 60 -16. These requirements shall apply to all contractors, subcontractors,
subgrantees or others with whom it arranges to provide services or benefits to clients or employees in connection with its programs and
activities. If employing fifteen or more employees, the Provider shall complete the Civil Rights Compliance Checklist, CF Form 946 within
30 days of execution of this Contract and annually thereafter in accordance with CFOP 60 -16 and 45 CFR, Part 80.
A1-3 Use of Funds for Lobbying Prohibited. The Provider shall comply with the provisions of sections 11.062 and 216.347, F.S., which
prohibit the expenditure of contract funds for the purpose of lobbying the Legislature, judicial branch, or a State agency.
Al -4 Public Entity Crime and Discriminatory Contractors. Pursuant to sections 287.133 and 287.134, F.S., the following restrictions
are placed on the ability of persons placed on the convicted vendor list or the discriminatory vendor list. When a person or affiliate has
CF Integrated Contract 2014 14 Contract No. KG070
been placed on the convicted vendor list following a conviction for a public entity crime, or an entity or affiliate has been placed on the
discriminatory vendor list, such person, entity or affiliate may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or the repair of a
public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity; provided, however, that the prohibition on persons or affiliates placed on the convicted vendor shall be
limited to business in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of thirty-six
(36) months from the date of being placed on the convicted vendor list.
A1.5Whistleblower's Act Requirements. In accordance with subsection 112.3187(2), F.S., the Provider and its subcontractors shall
not retaliate against an employee for reporting violations of law, rule, or regulation that creates substantial and specific danger to the
public's health, safety, or welfare to an appropriate agency. Furthermore, agencies or independent contractors shall not retaliate against
any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or
any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. The Provider and any subcontractor shall
inform its employees that they and other persons may file a complaint with the Office of Chief Inspector General, Agency Inspector
General, the Florida Commission on Human Relations or the Whistle - blower's Hotline number at 1- 800 - 543 -5353.
A1-6 Public Records.
A1.6.1 As required by section 287.058(1)(c), F.S., the Provider shall allow public access to all documents, papers, letters, or other
public records as defined in subsection 119.011(12), F.S. as prescribed by subsection 119.07(1) F.S., made or received by the
Provider in conjunction with this Contract except that public records which are made confidential by law must be protected from
disclosure. It is expressly understood that the Provider's failure to comply with this provision shall constitute an immediate breach
of contract for which the Department may unilaterally terminate this Contract.
A1-6.2 As required by section 119.0701, F.S., to the extent that the Provider is acting on behalf of the Department within the
meaning of section 119.011(2), F.S., the Provider shall:
a. Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to
perform the service.
b. Provide the public with access to public records on the same terms and conditions that the Department would provide
the records and at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are
not disclosed except as authorized by law.
d. Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in
possession of the Provider upon termination of the Contract and destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. All records stored electronically must be
provided to the Department in a format that is compatible with the information technology systems of the Department.
A1-7 Support to the Deaf or Hard -of- Hearing.
A1.7.1 Where direct services are provided, the Provider and its subcontractors shall comply with section 504 of the Rehabilitation
Act of 1973, 29 U.S.C. 794, as implemented by 45 CFR Part 84 (hereinafter referred to as Section 504), the Americans with
Disabilities Act of 1990, 42 U.S.C. 12131, as implemented by 28 CFR Part 35 (hereinafter referred to as ADA), and the Children
and Families Operating Procedure (CFOP) 60 -10, Chapter 4, entitled "Auxiliary Aids and Services for the Deaf or Hard -of- Hearing."
A1.7.2 If the Provider or any of its subcontractors employs 15 or more employees, the Provider shall designate a Single- Point -of-
Contact (one per firm) to ensure effective communication with deaf or hard -of- hearing customers or companions in accordance with
Section 504 of the ADA, and CFOP 60 -10, Chapter 4. The Provider's Single- Point -of- Contact and that of its Subcontractors will
process the compliance data into the Department's HHS Compliance reporting Database by the 5th business day of the month,
covering the previous month's reporting, and forward confirmation of submission to the Contract Manager. The name and contact
information for the Provider's Single- Point -of- Contact shall be furnished to the Department's Grant or Contract Manager within 14
calendar days of the effective date of this requirement.
A1-7.3 The Provider shall, within 30 days of the effective date of this requirement, contractually require that its subcontractors
comply with Section 504, the ADA, and CFOP 60 -10, Chapter 4. A Single- Point -of- Contact shall be required for each subcontractor
that employs 15 or more employees. This Single- Point -of- Contact will ensure effective communication with deaf or hard -of- hearing
CF Integrated Contract 2014 15 Contract No. KG070
customers or companions in accordance with Section 504 and the ADA and coordinate activities and reports with the Provider's
Single- Point -of- Contact.
A1.7.4 The Single- Point -of- Contact shall ensure that employees are aware of the requirements, roles & responsibilities, and
contact points associated with compliance with Section 504, the ADA, and CFOP 60 -10, Chapter 4. Further, employees of
providers and their subcontractors with 15 or more employees shall attest in writing that they are familiar with the requirements of
Section 504, the ADA, and CFOP 60 -10, Chapter 4. This attestation shall be maintained in the employee's personnel file.
A11-7.5 The Provider's Single- Point -of- Contact will ensure that conspicuous Notices which provide information about the availability
of appropriate auxiliary aids and services at no -cost to the deaf or hard -of- hearing customers or companions are posted near where
people enter or are admitted within the agent locations. Such Notices must be posted immediately by The Provider and its
subcontractors. The approved Notice can be downloaded through the Internet at: http: / /www.myflfamilies.com /about- us /services-
deaf- and - hard - hearing /dcf- posters.
Al -7.6 The Provider and its subcontractors shall document the customer's or companion's preferred method of communication and
any requested auxiliary aids /services provided in the customer's record. Documentation, with supporting justification, must also be
made if any request was not honored. The Provider shall distribute Customer Feedback forms to customers or companions, and
provide assistance in completing the forms as requested by the customer or companion.
Al -7.7 If customers or companions are referred to other agencies, the Provider must ensure that the receiving agency is notified of
the customer's or companion's preferred method of communication and any auxiliary aids /service needs.
A1.7.8 The Department requires each contract/subcontract provider agency's direct service employees to complete Serving our
Customers who are Deaf or Hard -of- Hearing and sign the Attestation of Understanding. Direct service employees performing under
this Contract will also print their certificate of completion, attach it to their Attestation of Understanding, and maintain them in their
personnel file.
A1-8 Client and Other Confidential Information. State laws providing for the confidentiality of client and other information include but
are not limited to sections 39.0132, 39.00145, 39.202, 39.809, 39.908, 63.162,. 63.165, 383.412, 394.4615, 397.501, 409.821, 409.175,
410.037, 410.605, 414.295, 415.107, 415.295, 741.3165 and 916.107, F.S. Federal laws and regulations to the same effect include
section 471(a)(8) of the Social Security Act, section 106(b)(2)(A)(viii) of the Child Abuse Prevention and Treatment Act, 7 U.S.C.
§2020(e)(8), 42 U.S.C. §602 and 42 U.S.C. §1396a(a)(7) and 7 CFR §272.1(c), 42 CFR § §2.1 -2.3, 42 CFR §431.300 -30645 CFR
§400.27(a) and 45 CFR §205.50. A summary of Florida Statutes providing for confidentiality of this and other information are found in
Part II of the Attorney General's Government in the Sunshine Manual, as revised from time -to -time.
A1.9 PRIDE. Articles which are the subject of or are required to carry out this Contract shall be purchased from Prison Rehabilitative
Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, F.S., in the same manner and under the procedures
set forth in subsections 946.515(2) and (4), F.S. For purposes of this Contract, the Provider shall be deemed to be substituted for the
Department insofar as dealings with PRIDE. This clause is not applicable to subcontractors unless otherwise required by law. An
abbreviated list of products /services available from PRIDE may be obtained by contacting PRIDE, (800) 643 -8459.
Al -10 Recycled Products. The Provider shall procure any recycled products or materials, which are the subject of or are required to
cant' out this Contract, in accordance with the provisions of sections 403.7065, F.S.
Al -11 Scrutinized Companies. If this Contract is for an amount of $1 Million or more, the Department may terminate this Contract at
any time the Provider is found to have submitted a false certification under section 287.135, F.S., or has been placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.
Al -12 Federal Funding Accountability and Transparency Act. The Provider will complete and sign the FFATA Certification of
Executive Compensation Reporting Requirements form (CF 1111 or successor) if this Contract includes $25,000 or more in Federal
Funds (as determined over its entire term). The Provider shall also report the total compensation of its five most highly paid executives if
it also receives in excess of 80% of its annual gross revenues from Federal Funds.
Al -13 Prompt Payment and Vendor Ombudsman. Pursuant to section 215.422, F.S., the Department has five (5) working days to
inspect and approve goods and services, unless the bid specifications, purchase order, or this Contract specify otherwise. Any amount
that is authorized for payment but is not available within forty (40) days, measured from the latter of the date a properly completed
invoice is received by the Department or the goods or services are received, inspected, and approved (or within 35 days after the date
eligibility for payment of a health care provider is determined), a separate interest penalty as described in section 215.422, F.S., will be
due and payable in addition to the amount authorized for payment. Interest penalties less than one (1) dollar will not be paid unless the
CF Integrated Contract 2014 16 Contract No. KGO70
Provider requests payment. A Vendor Ombudsman has been established within the Department of Financial Services and may be
contacted at (850) 413 -5516.
A1.14 Timely Payment of Subcontractors. To the extent that a subcontract provides for payment after Provider's receipt of payment
from the Department, the Provider shall make payments to any subcontractor within 7 working days after receipt of full or partial
payments from the Department in accordance with section 287.0585, F.S., unless otherwise stated in the contract between the Provider
and subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall be charged against the Provider and
paid by the Provider to the subcontractor in the amount of one -half of one percent (.005) of the amount due per day from the expiration of
the period allowed for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15 %) percent of
the outstanding balance due.
Al -15 Employment Screening.
A1.15.1 The Provider shall ensure that all staff utilized by the Provider and its subcontractors that are required by Florida law to be
screened in accordance with chapter 435, F.S., are of good moral character and meet the Level 2 Employment Screening
standards specified by sections 435.04, 110.1127, and subsection 39.001(2), F.S., as a condition of initial and continued
employment that shall include but not be limited to:
a. Employment history checks;
b. Fingerprinting for all criminal record checks;
C. Statewide criminal and juvenile delinquency records checks through the Florida Department of Law Enforcement
(FDLE);
d. Federal criminal records checks from the Federal Bureau of Investigation via the Florida Department of Law
Enforcement; and
e. Security background investigation, which may include local criminal record checks through local law enforcement
agencies.
f. Attestation by each employee, subject to penalty of perjury, to meeting the requirements for qualifying for employment
pursuant to chapter 435 and agreeing to inform the employer immediately if arrested for any of the disqualifying
offenses while employed by the employer.
A1- 15.2The Provider shall sign an affidavit each State fiscal year for the term of the contract stating that all required staff have been
screened or the Provider is awaiting the results of screening.
Al -16 Human Subject Research. The Provider shall comply with the requirements of CFOP 215 -8 for any activity under this Contract
involving human subject research within the scope of 45 CFR, Part 46, and 42 U.S.C. section 289, et seq., and may not commence such
activity until review and approval by the Department's Human Protections Review Committee and a duly constituted Institutional Review
Board.
Al -17 Coordination of Contracted Services. Section 287.0575, F.S., mandates various duties and responsibilities for certain State
agencies and their contracted service providers, and requires the following Florida health and human services agencies to coordinate
their monitoring of contracted services: Department of Children and Families, Agency for Persons with Disabilities, Department of
Health, Department of Elderly Affairs, and Department of Veterans Affairs, where applicable.
In accordance with Section 287.0575(2), F.S., each contract service provider that has more than one contract with one or more of the five
Florida health and human services agencies must provide a comprehensive list of their health and human services contracts to their
respective Contract Manager(s). The list must include the following information:
• Name of each contracting State agency and the applicable office or program issuing the contract.
• Identifying name and number of the contract.
• Starting and ending date of each contract.
• Amount of each contract.
• A brief description of the purpose of the contract and the types of services provided under each contract.
• Name and contact information of each Contract Manager.
See _N /A_ for additional laws, rules and regulations affecting performance of this Contract.
CF ln4egra*44Contract 2014 17 Contract No. KG070
EXHIBIT B - SCOPE OF WORK
B -1 Scope of Service
This is a forty-two month contract, pursuant to the Adult Protective Services Program established under the authority of sections
410.601- 410.606, Florida Statutes, Chapter 65C -2, Florida Administrative Code (F.A.C.), and the annual appropriations act, with
any proviso language or instructions to the Department, constituting the legal basis for services to be delivered through the
Community Care for Disabled Adults Program. In addition, the Provider shall provide in -home services to all eligible permanently
disabled adults ages 18 -59 who are in need of assistance to maintain reasonably independent lives in the community in Monroe
County.
B -2 Major Contract Goals
The goal of the Community Care for Disabled Adults (CCDA) Program is to prevent unnecessary institutionalization of disabled
adults aged 18 -59 through the provision of Case Management Services to coordinate such in -home community-based services as
Homemaker Services, Personal Care Services and Home Delivered Meals. The program is designed to serve totally and
permanently disabled persons who are not eligible for assistance from other programs and it fills the gap in the services for adults
with disabilities.
B -3 Service Area/Locations/Times
The Provider for this service must be able to provide both coordination and delivery of in -home community -based services based
on the identified days and times in the client care plan. If the Provider can only provide coordination, they must have the ability to
coordinate with home health agencies to provide the delivery of in -home community-based services based on the days and times
in the client care plan.
SERVICE
LOCATION
TIME
Case Management
Client's Home & Provider's Office
Determined by care plan
Home Delivered Meals
Client's Home
Determined by care plan
Homemaker
Client's Home
Determined by care plan
Personal Care
I Client's Home
I Determined by care plan
Details of the services to be provided under this contract and the negotiated parameters of those services are included in the
descriptions and minimum requirements for each service listed in the "CFOP 140 -8, Community Care for Disabled Adults
Operating Procedures ".
B -3.1 Changes in Location
The Provider must notify the Department of changes in the location of service delivery. Once the service delivery location
is agreed upon, any proposed change must be presented in writing to the Contract Manager for approval, fifteen (15)
working days prior to implementation of that proposed change. In the event of an emergency, temporary changes in
location may necessitate waiver of this designated standard by the Region's program office. Such a waiver will take into
consideration the continuity, safety, and welfare of the Department's clients, and is at the Department's sole discretion.
B -4 Clients to be Served
Adults with disabilities, age eighteen (18) through fifty -nine (59), who are no longer eligible to receive children's services and are
not eligible for the Long Term Care Managed Care Program, may be served under the provisions of this contract.
B -5 Client Eligibility
B -5.1 Applicants must have one or more permanent physical or mental limitations, that restrict the ability to perform normal
activities of daily living, as determined through the initial functional assessment and medical documentation of disability.
Determination of a permanent disability must be established and evidenced in one of the following manners:
B.5.1.1 An applicant may present a check, award letter, or other proof showing receipt of Social Security Disability
Income, or some other disability payment (e.g., Worker's Compensation); or
B.5.1.2 An applicant may present a written statement from a licensed physician, licensed nurse practitioner, or mental
health professional, which meets the Region's criteria for evidence of a disability. This written statement must, at
a minimum, include the applicant's diagnosis, prognosis, a broad explanation of level of functioning, and the
interpretation of need for services based on identified functional barriers caused by the applicant's disabling
condition.
CF Integrated Contract 2014 18 Contract # KG070
B5.2 Applicants must have an individual income at or below the prevailing MICP eligibility standard in order to receive free
CCDA services.
B -5.3 Applicants with incomes above the standard will be assessed a fee for a share of the costs, or may be required to
provide volunteer services in lieu of payment.
B -6 Client Determination
B -6.1 Clients will be assessed for eligibility determination, and prioritized for services by Department case management staff,
in accordance with subsection 410.604 (2), Florida Statutes.
B -6.2 The Adult Protective Services Program Office will make the final determination of client eligibility and service
authorization.
B -7 Equipment
The Provider will be responsible for supplying, at its own expense, all equipment necessary to perform under, conduct and
complete the contract, including but not limited to computers, telephones, copier and fax machines, including supplies and
maintenance, as well as needed office supplies.
B -8 Contract Limits
B -8.1 The total annual cost estimated or actual, for an individual receiving CCDA services, shall not exceed the average, annual
general revenue portion of a Medicaid nursing home bed within the Regional area.
B -8.2 Clients must not be receiving comparable services from any other entity. In order to prevent duplication of services, client
files must contain documentation verifying that all comparable community services and funding sources have been
explored and exhausted.
B -8.3 To the extent that funds are available, the Provider will receive referrals for clients on whom the Human Service counselors
have completed an Adult Services Screening for Consideration for Community Based Services.
The following task limits apply to the services specified in Section B -3 above.
B -8.3.1 Case Management provides ongoing assessment of the client's needs, ongoing review of the care plan and the
client's satisfaction with the services provided. Case Management consists of identifying, organizing,
documenting, coordinating, monitoring and modifying services needed by the client. Case Management requires
extensive knowledge of the existing service network and the skills and the willingness to seek out additional
service options that may benefit the client. Case Management must maintain at a minimum, monthly telephone
contact with the client to verify satisfaction and receipt of services; review the care plan in a face to face visit
every three (3) months and if necessary, update the client's care plan and have an annual face to face visit with
the client to complete the annual assessment and determine the client's functional status; satisfaction with
services; changes in service needs and develop a new care plan. The Case Manager must clearly document in
the case narrative the above scheduled visits to the client. The Case Manager may combine the quarterly visits
with the monthly contact requirement.
B -8.3.2 Home Delivered Meals are for clients who have difficulty in shopping for groceries or preparing meals and have
no caregiver capable of providing the services. The meals should be appropriate for the client.
B -8.3.3 Homemaker service time does not include time spent in transit to and from the client's place of residence except
when providing shopping assistance, performing errands or other tasks on behalf of the client.
B- 8.3.3.1 Aides providing Homemaker services must not engage in work that is not specified in the care plan;
accept gifts from clients; lend or borrow money or articles from clients; handle money, unless
authorized in writing by a supervisor or Case Manager (documented in the personnel file) and unless
bonded or insured by the employer and transport clients, unless authorized in writing by a supervisor
or Case Manager.
B -8.3.4 Personal Care services will not substitute for the care usually provided by a registered nurse, licensed practical
nurse, therapist or home health aide. The personal care aide will not change sterile dressings, irrigate body
cavities, administer medications or perform other activities prohibited by Chapter 59A -8, F.A.C.
B -8.3.5 Other parameters of services delivery, by type of service; are detailed in the "CFOP 140 -8, Community Care for
Disabled Adults Operating Procedures ".
CF Integrated Contract 2014 19 Contract # KG070
EXHIBIT C - TASK LIST
The Provider shall perform all functions necessary for the proper delivery of services including, but not limited to, the
following:
C -1 Service Tasks
C -1.1 Service Providers will ensure that appropriate community-based services are provided to clients in a manner designed
to meet the client's changing needs, to assist the client in avoiding or reducing unnecessary dependence on the
delivered service(s), and to increase the client's self - reliance.
C -1.2 The following tasks, with units designated, shall be performed under this contract include:
C -1.2.1
Case Management — unit is one hour of service
C -1.2.2
Personal Care — unit is one hour of service
C -1.2.3
Homemaker — unit is one hour of service
C -1.2.4
Home Delivered Meals — unit is one meal
C -1.3 Each CCDA program must include case management services and at least one other service.
C -2 Administrative Tasks
C -2.1 Staffing Requirements
C -2.1.1 The Provider will meet the minimum staffing requirements for each service, as specified in CFOP 140 -8,
Community Care for Disabled Adults Operating Procedures.
C -2.1.2 The Provider will notify the Department, in writing, within thirty calendar (30) days whenever the Provider is
unable, or expects to be unable to provide the required quality or quantity of service due to staff turnovers or
shortages.
C -2.2 Professional Qualifications
The Provider will ensure that staff meets the professional qualifications for each service, as specified in the "CFOP 140-
8, Community Care for Disabled Adults Operating Procedures ".
C -2.3 Staff Changes
The Provider agrees to notify the Department's Contract Manager within two (2) working days if a key administrative
position (e.g., executive director) becomes vacant. Planned staffing changes that may affect service delivery, as
stipulated in this contract, must be presented in writing to the Contract Manager for approval at least ten (10) working
days prior to the implementation of the change.
C -2.4 Subcontracting
This contract allows the Provider to subcontract for the provision of all services under this contract except Case
Management, subject to the provisions of Section 4.2 of CF Integrated Contract 2014. The subcontractor at any tier
level must comply with the E- Verify clause as subject to the same requirements as the prime contractor. .
C -2.5 Records and Documentation The Provider shall complete and submit the Reports as described in Section C -2.6.
C -2.5.1 Providers shall maintain information on each client served by this contract, which includes the following:
C- 2.5.1.1 documentation of the client by name or unique identifier;
C- 2.5.1.2 current documentation of eligibility for services;
C- 2.5.1.3 dates of service provision, delivery and service billing;
C- 2.5.1.4 information documenting the client's need to receive services;
C- 2.5.1.5 information documenting the client's need for service increase;
C- 2.5.1.6 the number of service units provided; and
CF Integrated Contract 2014 20 Contract # KG070
C- 2.5.1.7 all other forms or records necessary for program operation and reporting, as set forth by the
Department
C -2.5.2 Case Management Provider individual client files shall contain the following:
C- 2.5.2.1 a completed Adult Protective Services Client Assessment (not more than one [1] year old);
C- 2.5.2.2 an Adult Protective Services Program Office approved CCDA Care Plan Services (Exhibit C1)
(not more than [1] year old);
C- 2.5.2.3 an Adult Protective Services Program Office approved Request for Approval of CCDA Care Plan
Services Increase (when needed) (Exhibit C2).
C- 2.5.2.4 a Department release of information form;
C- 2.5.2.5 a copy of a completed Adult Services Information System (ASIS) printout;
C- 2.5.2.6 documentation of the client's age, disability, and income;
C- 2.5.2.7 a completed and scored copy of the Adult Services Screening for Consideration for Community
Based Services; and
C- 2.5.2.8 an ongoing, specific dated case narrative section.
C -2.5.3 Providers must ensure that all client records accurately match the invoices submitted for payment. Records
must cross reference to each invoice for payment.
C -2.5.4 Providers must maintain documentation necessary to facilitate monitoring and evaluation by the Department.
C -2.5.5 The Case Management Provider must maintain documentation in the client's file that all comparable
community services and funding sources have been explored and exhausted before using CCDA funding.
CF Integrated Contract 2014 21 Contract # KG070
C -2.6 Reports (programmatic and to support payment)
C -2.6.1 The Monthly Cumulative Summary Report (Exhibit C3), if applicable. Regions will negotiate with the Provider
on specific submission requirement criteria for these reports.
C -2.6.2 Providers of case management services agree to submit Monthly Cumulative Summary Reports, which
include management program data (e.g., client identifiable data) to the Department, according to negotiated
instructions provided by the Adult Protective Services Program Office.
C -2.6.3 The CCDA Performance Data Monthly Report (Exhibit C4) and the CCDA Performance Data Annual Report
(Exhibit C5) verifying enrolled active clients and nursing home placement data.
C -2.6.4 In the event of early termination of this contract, the Provider will submit the final Monthly Cumulative
Summary Report within forty-five (45) days after the contract is terminated.
C -2.6.5 Acceptance of Reports: Where the contract requires the delivery of reports to the Department, mere receipt
by the Department shall not be construed to mean or imply acceptance of those reports. It is specifically
intended by the parties that acceptance in writing of required reports shall constitute a separate act. The
Department reserves the right to reject reports as incomplete, inadequate, or unacceptable according to the
parameters set forth in the contract. The Department, at its option, may allow additional time within which the
Provider may remedy the objections noted by the Department or the opportunity to complete, make adequate,
or acceptable, or declare the resulting contract to be in default
C -3 Standard Contract Requirements. Provider will perform all acts required by Sections 4, 5 and 7 of the Standard Contract.
C -3.1 Provider Unique Activities
C -3.1.1 The Provider will be required to use volunteers to the fullest extent feasible in the provision of services and
program operations. The Provider is required to train, supervise, and appropriately support all volunteers with
insurance coverage.
C -3.1.2 The Provider will maintain an accurate and current active caseload list.
C -3.1.3 The Provider will maintain a current monthly billing ledger of all Provider claims submitted to the Department,
including all corrected claims and adjustments to claims for services that were delivered to clients being
served through this contract.
CF Integrated Contract 2014 22 Contract # KGO70
Reporting requirements for this contract include:
C -3.1.4 The Provider will notify the APS local office of all service terminations, service increase requests and monthly
expenditure trends with regards to the terms of this contract.
C -3.1.5 The Provider will explain to each individual requesting consideration for CCDA services that the program
maintains a centralized Waiting List on which the individual will be placed according to his or her score
received through an Adult Protective Services Screening conducted by an Adult Protective Services
Counselor.
C -3.1.6 The Provider shall provide to individuals requesting services a contact name and phone number to the
nearest APS Regional Program Office.
C -3.2 Case Management Provider Unique Activities
C -3.2.1 The CCDA case management Provider will accept all referrals through the APS Regional Program Office.
C -3.2.2 The CCDA case management Provider will complete ongoing face -to -face assessments on all pre- screened
individuals referred by the APS Regional Program Office for service consideration and program application,
using the Adult Services Client Assessment, CF -AA 3019.
C -3.2.3 The CCDA case management Provider will maintain an accurate and current active caseload list.
C -3.2.4 The CCDA case management Provider will maintain a current monthly billing ledger of all Provider claims
submitted to the Department, including all corrected claims and adjustments to claims for services that were
delivered to consumers being served through this contract
C -3.2.5 The CCDA case management agency will notify the APS local office of all service terminations, service
increase requests and monthly expenditure trends with regards to the terms of this contract.
C -3.2.6 The CCDA case management Provider will explain to each individual requesting consideration for CCDA
services that the program maintains a centralized Waiting List on which the individual will be placed according
to their score received through an Adult Protective Services Screening.
C -3.2.7 The CCDA case management Provider shall provide to individuals requesting services a contact name and
phone number to the APS Regional Program Office.
C -3.3 Coordination with Other Providers /Entities
The CCDA case management Provider must coordinate, as necessary, with the Agency for Persons with Disabilities,
the Department of Children and Families, the Department of Education, the Department of Elder Affairs and the
Department of Health to serve those clients who are eligible for services through two (2) or more service delivery
continuums.
C -3.4 Client Risk Prevention
If services to clients are to be provided under this Contract, the Provider and any subcontractors shall, in accordance
with the client risk prevention system, report those reportable situations listed in CFOP 215 -6 in the manner prescribed
in CFOP 215 -6. The Provider shall immediately report any knowledge or reasonable suspicion of abuse, neglect, or
exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone
number (1- 800- 96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon both the Provider
and its employees.
CF Integrated Contract 2014 23 Contract # KG070
EXHIBIT C1
CCDA CARE PLAN SERVICES
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CCDA CARE PLAN SERVICES
CLIENT NAME:
SOCIAL SECURITY #:
CASE MANAGER:
DATE OF INITIAL CARE PLAN:
GOAL (check all goals that apply):
Review):
El l. Self Support ❑2. Prevent abuse/neglect/exploitation 1713. Prevent institutionalization
1 Institutionalization E15. Personal goals 1716. Other: _
CARE PLAN REVIEW DATE (initial for each
Problems
Desired
Outcomes
Service and
Provider
(Formal and
Informal)
Pattern of Delivery
D'
(Frequency & Duration)
Date Service
Bean ( B )
Ended ( E )
te Problem
Resolved
(RS)
Revised (RV)
No.
Date
Problem
Need
Actual
T
This Care Plan has been discussed with me (client) and/or significant family members or friends and I accept the services described in the plan. (For Medicaid Waiver
Clients, also read) I accept the service described and discussed with me in this Care Plan instead of nursing home Placement.
CLIENT /RESPONSIBLE PARTY:
CASE MANAGER:
DATE:
DATE:
CF Integrated Contract 2014 24 Contract # KG070
EXHIBIT C2
REQUEST FOR APPROVAL OF CCDA CARE PLAN SERVICES INCREASE
Part I: Recipient Information
Name: Last name, first name, middle name or initial
Date of birth:
Social security number:
Medicaid /Medicare Medical assistance number:
Current Address:
Address where services will be received:
County:
County:
Status (Transfer /Existing):
Describe reason for service funding increase.
If individual is a transfer, indicate originating district/agency:
An Adult Services client reassessment was completed on
by and respective revised care
plan revisions made on
If individual is an existing consumer with your agency, indicate current
monthly authorized units of service by service type(s):
by to reflect that this
Recipient is justifiably in need of increased Service(s) based on (check all
situations which apply):
❑ Failing Support System
❑ Decrease in Functional Capacity
❑ Rapidly Deteriorating Health
Medicaid waiver eligibility date:
Provider Information
Agency name:
Agency contact person:
Agency address:
Phone:
Fax:
E -mail address:
Part II: Summary of Recipient's Presenting Situation. (Refer to form instructions for details about the type of information required here. Use the space
below or include attachment.)
Part III: Proposed New Service Request. (Please indicate the new care plan services being requested and the corresponding, anticipated service start
dates.)
Service Anticipated sl Service Anticipated start date
Part IV: Specific Description of Proposed New Service(s) As Tailored To Meet Recipient's Need. (Refer to the form instructions for details about the type of
information required here. Use the space below or include attachment.)
Part V: Cost Detail for Proposed New Care Plan Service(s).
A. Attach a Cost Detail page for each service requested in Part III. Each Cost Detail page should reflect the total annual cost of serving the consumer for that
service type.
CF Integrated Contract 2014 25 Contract # KG070
Part VI: Care Plan Modification of Number of Service Units. The Budget Entity Team will not consider authorization to increase service unit quantity of an
authorized service on a Recipient's care plan for any of the following documented reasons unless this section is accurately and fully completed.
[To justify unit service rates, please present comparative information: unit rate quotes from a minimum of three other service agencies providing
this same service within a ten mile radius; reasons for choosing this specific vendor; a statement attesting to the fact that selected vendor is a sole
source provider of this service in this geographic area, etc. Attach information as necessary (e.g., agency administrative costs, your agency salary
scale, etc.). Refer to the form instructions.]
❑ Failing Support System: List proposed add -on number of monthly service units by service component with annualized service costs projected to safely maintain
Recipient at home and to ameliorate this risk factor.
El Decrease in Functional Capacity: List proposed add-on number of monthly service units by service component with annualized service costs projected to safely
maintain Recipient at home and to ameliorate this risk factor.
Rapidly Deteriorating Health: List care plan add -on number of monthly service units by service component with annualized service costs projected to safely
maintain Recipient at home and to ameliorate this risk factor.
Part VII. Signatures. (Please note: Final approval of all requests for Care Plan increases rest with the Budget Entity Team. Providers will receive an
Award Letter from the Budget Entity Team or one of its members) when the plan has been approved.)
rovider Agency: (Signature indicates that the information presented in this Request for Care Plan Services Increase and
Date:
attachments are accurate and complete.)
Recipient/Representative: (Signature indicates that the Recipient /Representative has reviewed the Request for Care Plan
Date:
Services Increase and attachments.)
District/Regional Program Staff: (Signature indicates that the district /regional program staff and provider have agreed
Date:
upon the services to be funded.)
District/Regional Adult Services Program Director: (Signature indicates district /regional approval of the Service Funding
Date:
Plan.)
CF Integrated Contract 2014 26 Contract # KG070
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EXHIBIT C4
PERFORMANCE DATA MONTHLY REPORT
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Agency /County Reporting
Reporting Month/Year /.
CCDA Active Clients
CCDA Client YTD
CCDA Unduplicated YTD
CCDA Waiting List YTD
Monthly Nursing Home Placements
Nursing Home placements YTD_
Prepared By: Date:
Phone Number:
DUE THE 25TH OF EACH MONT
CF Integrated Contract 2014 28 Contract # KG070
EXHIBIT C5
PERFORMANCE DATA ANNUAL REPORT
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Agency /County Reporting
Reporting Fiscal Year
CCDA Active Clients at the end of the Fiscal Year
CCDA Unduplicated Clients at the end of the Fiscal Year
Nursing Home Placements at the end of the Fiscal Year
Prepared By: Date:
Phone Number:
DUE THE 30TH OF THE MONTH FOLLOWING THE END OF THE FISCAL YEAR OR CONTRAC
CF Integrated Contract 2014 29 Contract # KG070
EXHIBIT D — DELIVERABLES
D -1 Service Units
D -1.1 A service unit is the provision of eligible services, as defined in section C -1.2.
D -2 Service Targets
D -2.1 The Provider shall deliver personal care services to a minimum of 1 unduplicated individual in each month for the lifetime of
the contract.
D -2.2 The Provider shall deliver homemaker services to a minimum of 5 unduplicated individuals in each month for the lifetime of
the contract.
D -2.3 The Provider shall deliver case management services to a minimum of 5 unduplicated individuals in each month for the
lifetime of the contract.
D -2.4 The Provider shall deliver home delivered meals to a minimum of 4 unduplicated individuals in each month for the lifetime
of the contract.
D -3 Deliverables. The Provider shall demonstrate compliance with the service unit targets in Section D -1 through the submission of
the Performance Data Monthly Report as specified in Section C- 2.6.3.
D -4 Performance Measures for Acceptance of Deliverables.
During the lifetime of this contract, the Provider shall demonstrate 100% of the Service Targets in D -2.1— D -2.4. are met each
month.
CF Integrated Contract 2014 30 Contract # KG070
EXHIBIT E — MINIMUM PERFORMANCE MEASURES
E -1 Minimum Performance Measures
E -1.1 Ninety percent (90 %) of active clients with disabilities receiving services will not be placed in a nursing home by the end of
the contract period.
E -1.2 One- hundred percent (100 %) of active clients who are suspected of being a victim of abuse, neglect or exploitation will be
reported to the Abuse Hotline and an incident report will be sent to the Case Manager and copied to the Adult Protective
Services Specialist and Contract Manager.
E -1.3 One- hundred percent (100 %) of active clients served through this contract will be provided case management and at least
one other CCDA in -home service each month.
E -2 DESCRIPTION OF PERFORMANCE MEASUREMENT TERMS
Placed - The result of an assessment of an individual who is no longer able to remain in their present place of residence. (To
place a client involves preparation for and follow up of moving a client into a more restrictive alternative living environment).
E -3 PERFORMANCE EVALUATION METHODOLOGY
The calculation of the performance standards shall be determined annually for each Fiscal Year (FY) within the contract period.
For any and all performance measures suggested in the proposal, the following format shall be used:
E -3.1 The calculation for the sample performance standard detailed in Section E -1.1 is
# of active clients not admitted to nursing
home 90 °l0
# of active clients receiving services
E -3.2 The calculation for the sample performance standard detailed in Section E -1.2 is:
# of active clients suspected of being
abused, neglected or exploited:
100%'
# of active clients reported to the
Abuse Hotline
E -3.3 The calculation for the sample performance standard detailed in Section E -1.3 is:
CF Integrated Contract 2014 31 Contract # KG070
E -4 Performance Standards Statement
E -4.1 By execution of this contract the Provider hereby acknowledges and agrees that its performance under the contract must
meet the standards as negotiated with the Department and shall be bound by the conditions set forth in the contract. If the
Provider fails to meet these standards, the Department, at its exclusive option, may allow a reasonable period, not to
exceed 6 months, for the Provider to correct performance deficiencies. If performance deficiencies are not resolved to the
satisfaction of the Department within the prescribed time, and if no extenuating circumstances can be documented by the
Provider to the Department's satisfaction, the Department must terminate the contract. The Department has the sole
authority to determine whether there are extenuating or mitigating circumstances.
E -4.2 The Department may conduct random surveys or contract with an outside entity to conduct random or structured surveys
during the term of the contract to gauge a variety of factors including client satisfaction, location, Provider responsiveness,
professionalism, and cultural and linguistic accommodations.
CF Integrated Contract 2014 32 Contract # KG070
EXHIBIT F - METHOD OF PAYMENT
F -1 Payment Clause
F -1.1 This is a fixed price (unit cost) contract. The Department shall pay the Provider for the delivery of service units provided in
accordance with the terms of this contract for a total dollar amount not to exceed $286,065.50, subject to the availability of
funds. The annual contract totals shall be $40,866.50 for State Fiscal Year 2014.2015; $81 for State Fiscal Year
2015.2016 $81,733.00 for State Fiscal Year 2016.2017 and $81,733.00 for State Fiscal Year 2017.2018 subject to the
availability of funds.
F -1.2 The Department shall make payments to the Provider for the provision of services at the rates shown below.
F -1.3 The Department agrees to pay for the service units for each fiscal year at the unit prices listed below. A Service Unit is
defined as one (1) hour of service, or one (1) meal, as described in CFOP 140 -8, Community Care for Disabled Adults
Operating Procedures.
Service Units
Unit Price
Case Management
$50.96 / hour
Home Delivered Meals
$6.33 / meal
Homemaker
$23.47 / hour
Personal Care
$23.25 / hour
F -1.4 The Provider agrees to provide local matching funds in the amount of 4 590.50 for State Fiscal Year 2014 -2015;
$ 9,081.00 for State Fiscal Year 2015.2016 and laL81.00 for State Fiscal Year 2016 -2017, and $9,081.00 for State
Fiscal Year 2017.2018, totaling $31 for the contract period.
F -1.5 Cash or in kind resources may be used to meet this match requirement.
F -2 Invoice Requirements
F -2.1 The Provider shall request payment through submission of a property completed Invoice (Exhibit F1), within twenty -five
(25) days following the end of the month for which payment is being requested. The Provider shall submit to the Contract
Manager an original Invoice (Exhibit F1), along with supporting documentation as previously identified in Paragraph C-
2.6.1 and Paragraph C- 2.6.3. Payment due under this contract will be withheld until the Department has confirmed
delivery of negotiated services.
F -2.2 Payments may be authorized only for service units on the invoice which are in accordance with the above list and other
terms and conditions of this contract. The service units for which payment is requested may not either by themselves, or
cumulatively by totaling service units on previous invoices, exceed the total number of units authorized by this contract.
F -3 Other Payment Consequences
F -3.1 It is expressly understood by the Provider that any payment due the Provider under the terms of this contract may be
withheld pending the receipt and approval by the Department of all financial and program reports due from the Provider as
a part of this contract and any adjustments thereto. Requests for payment, which cannot be documented with supporting
evidence, will be returned to the Provider upon inspection by the Department.
F -3.2 The Provider must maintain records documenting the total number of recipients and names (or unique identifiers) of
recipients to whom services were provided and the dates the services were provided so that an audit trail documenting
service provision can be maintained.
F -4 Refer to Exhibit F2 - Additional Financial Consequences
CF Integrated Contract 2014 33
Contract # KG070
EXHIBIT F1
MONTHLY REQUEST FOR PAYMENT AND EXPENDITURE REPORT
X)EPAR)-
ti�" DEPARTMENT OF CHILDREN AND FAMILIES
OFFICE OF ADULT SERVICES
MONTHLY REQUEST FOR PAYMENT AND EXPENDITURE REPORT
V A N
MYF LFAAA 1 LI ES.COM
PROVIDER FED. ID #
NAME AND MAILING ADDRESS OF PAYEE: CONTRACT AMNT.:
REIMBURSEMENT YTD.:
CONTRACT BALANCE:
DATE:
CONTRACT #:
PERIOD OF SERVICE PROVISION:
Name of Service
or Description of Materials
Units/
Quantity
Amount Per Unit/
Episode
Total Amount Due
Total Match Required
for Contract:
This Month YTD
Total Payment
Requested
Local Cash Match
Local In -Kind
Total Deductions
Remaining Match Balance
Signature of
Date Completed:
Approved By: Title:
* If this invoice is for a fixed price contract, the request for payment will be determined by dividing the length of the contract into the contracted amount (example: $ 12,000 [allocation] divided by 12 months
[the length of the contract] = $ 1,000 payment request). On a cost reimbursement contract, the payment request will be the monthly request expense.
Date Invoice Received:
Approved By:
CHILDREN AND FAMILIES USE ONLY
Date:
ORG EO OBJ DESC. AMNT. OCA
CF Integrated Contract 2014 34 Contract # KG070
EXHIBIT F2 — ADDITIONAL FINANCIAL CONSEQUENCES
The following financial consequences apply in addition to the Other Payment Consequences provided in Section F -3 of this Contract
This Exhibit implements the following payment adjustments as financial consequences for the following noncompliance with the
Performance Measures in Exhibit E -1. using the Performance Evaluation Methodology in Exhibit E -3.
1) Failure of the Provider to perform under the terms of the contract and pursuant to Chapter 201 -154, Laws of Florida and section
215.971(1)(c), Florida Statues, shall result in a financial penalty being assess on the Grantee. The Department, after determining
the absence of mitigating circumstances, shall assess a penalty as outlined above.
2) When notified of noncompliance or pending financial consequences, the Provider's representative shall attest to and document the
adverse circumstances beyond the Provider's control to the regional contract manager.
3) The Provider shall provide the reasons for the noncompliance, demonstrate that the issue has been corrected as quickly as
reasonably possible and detail the steps that the Provider has put into place to avoid a future recurrence of the noncompliance. In
addition, when applicable, the Provider shall demonstrate that any error in reporting of a measure was inadvertent and detail the
steps that the Grantee has put into place to ensure accurate reporting.
4) Receipt of the attestation by the regional contract manager does not constitute acceptance of the attestation. It is specifically agreed
by the parties that written acceptance by the regional contract manager of the sufficiency of the adverse circumstances beyond the
Provider's control is a condition of agreeing to waive any or all of the Financial Consequences provided for hereunder.
CF Integrated Contract 2014 35 Contract # KG070
Performance Measures
Non - Compliance
Financial
Payment Adjustment
Trigger
Consequence
Applicable Timeframe
Ninety percent (90 %) of active clients
Funds will be returned to the
1
with disabilities receiving services will
0
<90%
2% of total contract
Department within 30 days of
being notified by the Adult
not be placed in a nursing home by the
award expended
Protective Services Program
end of the contract period.
Office of non - compliance.
One- hundred percent (100 %) of active
clients who are suspected of being a
Funds will be returned to the
victim of abuse, neglect or exploitation
Department within 30 days of
2
will be reported to the Abuse Hotline and
o
<100 /o
2% of total contract
being notified the Adult
an incident report will be sent to the
award expended
Protective Services Program
case manager and copied to the Adult
Office of non - compliance.
Protective Services Specialist &
Contract Manager.
$10 per each
One- hundred percent (100 %) of active
individual who does
not receive at least
clients served through this contract will
one hour of case
Next monthly invoice
3
be provided case management and at
<100%
management and at
following non - compliance
least one other CCDA in -home service
least one other CCDA
trigger.
monthly.
in -home service
monthly.
1) Failure of the Provider to perform under the terms of the contract and pursuant to Chapter 201 -154, Laws of Florida and section
215.971(1)(c), Florida Statues, shall result in a financial penalty being assess on the Grantee. The Department, after determining
the absence of mitigating circumstances, shall assess a penalty as outlined above.
2) When notified of noncompliance or pending financial consequences, the Provider's representative shall attest to and document the
adverse circumstances beyond the Provider's control to the regional contract manager.
3) The Provider shall provide the reasons for the noncompliance, demonstrate that the issue has been corrected as quickly as
reasonably possible and detail the steps that the Provider has put into place to avoid a future recurrence of the noncompliance. In
addition, when applicable, the Provider shall demonstrate that any error in reporting of a measure was inadvertent and detail the
steps that the Grantee has put into place to ensure accurate reporting.
4) Receipt of the attestation by the regional contract manager does not constitute acceptance of the attestation. It is specifically agreed
by the parties that written acceptance by the regional contract manager of the sufficiency of the adverse circumstances beyond the
Provider's control is a condition of agreeing to waive any or all of the Financial Consequences provided for hereunder.
CF Integrated Contract 2014 35 Contract # KG070
ATTACHMENT 1
FINANCE AND COMPLIANCE AUDIT
The administration of resources awarded by the Department of Children & Families to the provider may be subject to audits as described
in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised, the department
may monitor or conduct oversight reviews to evaluate compliance with contract, management and programmatic requirements. Such
monitoring or other oversight procedures may include, but not be limited to, on -site visits by department staff, limited scope audits as
defined by OMB Circular A -133, as revised, or other procedures. By entering into this agreement, the recipient agrees to comply and
cooperate with any monitoring procedures deemed appropriate by the department. In the event the department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the department
regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the department's inspector general, the state's Chief Financial Officer or the Auditor General.
AUDITS
PART I: FEDERAL REQUIREMENTS
This part is applicable if the recipient is a State or local government or a non -profit organization as defined in OMB Circular A -133, as
revised.
In the event the recipient expends $500,000 or more in Federal awards during its fiscal year, the recipient must have a single or program -
specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. The recipient agrees to provide a copy of
the single audit to the Department's Single Audit Unit and its contract manager. In the event the recipient expends less than $500,000 in
Federal awards during its fiscal year, the recipient agrees to provide certification to the Department's Single Audit Unit and its contract
manager that a single audit was not required. In determining the Federal awards expended during its fiscal year, the recipient shall
consider all sources of Federal awards, including Federal resources received from the Department of Children & Families, Federal
government (direct), other state agencies, and other non -state entities. The determination of amounts of Federal awards expended
should be in accordance with guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the
Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. In
connection with the above audit requirements, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in
Subpart C of OMB Circular A -133, as revised.
The schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during
the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable
contract. All questioned costs and liabilities due the department shall be fully disclosed in the audit report package with reference to the
specific contract number.
Single Audit Information for Recipients of Recovery Act Funds:
(a) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009
(Pub. L. 111 -5) (Recovery Act) as required by Congress and in accordance with 2 CFR 215.21 "Uniform Administrative Requirements
for Grants and Agreements" and OMB Circular A -102 Common Rules provisions, recipients agree to maintain records that identify
adequately the source and application of Recovery Act funds. OMB Circular A -102 is available at
http: / /www.whitehouse.gov /omb /circulars /al 02 /al 02.html.
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A -133, "Audits of States, Local Governments,
and Non - Profit Organizations," recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the
Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF —SAC) required by OMB Circular A- 133.OMB
CF Integrated Contract 2014 36 Contract # KG070
Circular A -133 is available at http: / /www.whitehouse.gov /omb /circulars /al33 /al33.html. This shall be accomplished by identifying
expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on
the SF —SAC by CFDA number, and inclusion of the prefix "ARRA -" in identifying the name of the Federal program on the SEFA and
as the first characters in Item 9d of Part III on the SF —SAC.
(c) Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at the time of disbursement of
funds, the Federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for
an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from
regular subawards under the existing program.
(d) Recipients agree to require their subrecipients to include on their SEFA information to specifically identify Recovery Act funding
similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor
subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the
Government Accountability Office.
PART Ik STATE REQUIREMENTS
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
In the event the recipient expends $500,000 or more in state financial assistance during its fiscal year, the recipient must have a State
single or project - specific audit conducted in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of
Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the
Auditor General. The recipient agrees to provide a copy of the single audit to the Department's Single Audit Unit and its contract
manager. In the event the recipient expends less than $500,000 in State financial assistance during its fiscal year, the recipient agrees
to provide certification to the Department's Single Audit Unit and its contract manager that a single audit was not required. In
determining the state financial assistance expended during its fiscal year, the recipient shall consider all sources of state financial
assistance, including state financial assistance received from the Department of Children & Families, other state agencies, and other
nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a
nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in the preceding paragraph, the recipient shall ensure that the audit complies with
the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section
215.97(2), Florida Statutes, and Chapters 10.550 or 10.650, Rules of the Auditor General.
The schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during
the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable
contract. All questioned costs and liabilities due the department shall be fully disclosed in the audit report package with reference to the
specific contract number.
PART III: REPORT SUBMISSION
Any reports, management letters, or other information required to be submitted to the department pursuant to this agreement shall be
submitted within 180 days after the end of the provider's fiscal year or within 30 days of the recipient's receipt of the audit report,
whichever occurs first, directly to each of the following unless otherwise required by Florida Statutes:
A. Contract manager for this contract (1 copy)
Theresa Phelan
Department of Children and Families
1111 12th Street
Key West, FL 33040
CF Integrated Contract 2014 37 Contract # KG070
B. Department of Children & Families (1 electronic copy and management letter, if issued )
Office of the Inspector General
Single Audit Unit
Building 5, Room 237
1317 Winewood Boulevard
Tallahassee, FL 32399 -0700
Email address: single_ auditna.dcf.state.fl.us
C. Reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by Part I of this
agreement shall be submitted, when required by Section .320(d), OMB Circular A -133, as revised, by or on behalf of the recipient
directly to the Federal Audit Clearinghouse using the Federal Audit Clearinghouse's Internet Data Entry System at:
htta:/ /harvester. census .gov /fac /collect/ddeindex.html
and other Federal agencies and pass- through entities in accordance with Sections .320(e) and (f), OMB Circular A -133, as revised.
D. Copies of reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to the
following address:
Auditor General
Local Government Audits /342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399 -1450
Email address: flaudgen_localgovt @aud.state.fl.us
Providers, when submitting audit report packages to the department for audits done in accordance with OMB Circular A -133 or Chapters
10.550 (local governmental entities) or 10.650 (nonprofit or for - profit organizations), Rules of the Auditor General, should include, when
available, correspondence from the auditor indicating the date the audit report package was delivered to them. When such
correspondence is not available, the date that the audit report package was delivered by the auditor to the provider must be indicated in
correspondence submitted to the department in accordance with Chapter 10.558(3) or Chapter 10.657(2), Rules of the Auditor General.
PART IV: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from
the date the audit report is issued and shall allow the department or its designee, Chief Financial Officer or Auditor General access to
such records upon request. The recipient shall ensure that audit working papers are made available to the department or its designee,
Chief Financial Officer or Auditor General upon request for a period of three years from the date the audit report is issued, unless
extended in writing by the department.
CF Integrated Contract 2014 38 Contract # KG070
ATTACHMENT 2
HEALTH INSURANCE AND ACCOUNTABILITY ACT ( HIPPA)
This exhibit contains the terms and conditions governing the Provider's access to and use of Protected Health Information and
provides the permissible uses and disclosures of protected health information by the Provider, also called "Business
Associate."
Section 1. Definitions
1.1 Catch -all definitions:
The following terms used in this Attachment shall have the same meaning as those terms in the HIPAA Rules: Breach, Data
Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy
Practices, Protected Health Information, Required by Law, Security Incident, Subcontractor, Unsecured Protected Health
Information, and Use.
1.2 Specific definitions:
1.2.1 "Business Associate" shall generally have the same meaning as the term "business associate" at 45 CFR 160.103,
and for purposes of this Attachment shall specifically refer to the Provider.
1.2.2 "Covered Entity" shall generally have the same meaning as the term "covered entity" at 45 CFR 160.103, and for
purposes of this Attachment shall refer to the Department.
1.2.3. " HIPAA Rules" shall mean the Privacy, Security, Breach Notification, and
Enforcement Rules at 45 CFR Part 160 and Part 164.
1.2.4. "Subcontractor" shall generally have the same meaning as the term "subcontractor" at 45 CFR § 160.103 and is
defined as an individual to whom a business associate delegates a function , activity, service , other than in the
capacity of a member of the workforce of such business associate.
Section 2. Obligations and Activities of Business Associate
2.1 Business Associate agrees to:
2.1.1 Not use or disclose protected health information other than as permitted or required by this Attachment or as required
by law;
2.1.2 Use appropriate administrative safeguards as set forth at 45 CFR § 164.308, physical safeguards as set forth at 45
CFR § 164.310, and technical safeguards as set forth at 45 CFR § 164.312; including, policies and procedures
regarding the protection of PHI and/or ePHI set forth at 45 CFR § 164.316 and the provisions of training on such
policies and procedures to applicable employees, independent contractors, and volunteers, that reasonably and
appropriately protect the confidentiality, integrity, and availability of the PHI and /or ePHI that the Provider creates,
receives, maintains or transmits on behalf of the Department;
2.1.3 Acknowledge that (a) the foregoing safeguards, policies and procedures requirements shall apply to the Business
Associate in the same manner that such requirements apply to the Department, and (b) the Business Associate's
and their Subcontractors are directly liable under the civil and criminal enforcement provisions set forth at Section
13404 of the HITECH Act and section 45 CFR § 164.500 and 164.502(E) of the Privacy Rule (42 U.S.C. 1320d -5
and 1320d -6), as amended, for failure to comply with the safeguards, policies and procedures requirements and any
guidance issued by the Secretary of Health and Human Services with respect to such requirements;
CF Integrated Contract 2014 39 Contract # KG070
2.1.4 Report to covered entity any use or disclosure of protected health information not provided for by this Attachment of
which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR
164.410, and any security incident of which it becomes aware;
2.1.5 Notify the Department's Security Officer, Privacy Officer and the Contract Manager as soon as possible, but no later
than five (5) business days following the determination of any breach or potential breach of personal and confidential
departmental data;
2.1.6 Notify the Privacy Officer and Contract Manager within (24) hours of notification by the US Department of Health and
Human Services of any investigations, compliance reviews or inquiries by the US Department of Health and Human
Services concerning violations of HIPAA (Privacy, Security Breach).
2.1.7 Provide any additional information requested by the Department for purposes of investigating and responding to a
breach;
2.1.8 Provide at Business Associate's own cost notice to affected parties no later than 45 days following the determination
of any potential breach of personal or confidential departmental data as provided in section 817.5681, F.S.;
2.1.9 Implement at Business Associate's own cost measures deemed appropriate by the Department to avoid or mitigate
potential injury to any person due to a breach or potential breach of personal and confidential departmental data;
2.1.10 Take immediate steps to limit or avoid the recurrence of any security breach and take any other action pertaining to
such unauthorized access or disclosure required by applicable federal and state laws and regulations regardless of
any actions taken by the Department;
2.1.11 In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that
create, receive, maintain, or transmit protected health information on behalf of the business associate agree to the
same restrictions, conditions, and requirements that apply to the business associate with respect to such
information. Business Associate's must attain satisfactory assurance in the form of a written contract or other written
agreement with their business associate's or subcontractor's that meets the applicable requirements of
164.504(e)(2) that the Business Associate or Subcontractor will appropriately safeguard the information. For prior
contracts or other arrangements, the provider shall provide written certification that its implementation complies with
the terms of 45 CFR 164.532(d);
2.1.12 Make available protected health information in a designated record set to covered entity as necessary to satisfy
covered entity's obligations under 45 CFR 164.524;
2.1.13 Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the
covered entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy covered entity's
obligations under 45 CFR 164.526;
2.1.14 Maintain and make available the information required to provide an accounting of disclosures to the covered entity
as necessary to satisfy covered entity's obligations under 45 CFR 164.528;
2.1.15 To the extent the business associate is to carry out one or more of covered entity's obligation(s) under Subpart E of
45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of
such obligation(s); and
2.1.16 Make its internal practices, books, and records available to the Secretary of the U.S. Department of Health and
Human Services for purposes of determining compliance with the HIPAA Rules.
CF Integrated Contract 2014 40 Contract # KG070
Section 3. Permitted Uses and Disclosures by Business Associate
3.1 The Business associate may only use or disclose protected health information covered under this Attachment as listed below:
3.1.1 The Business Associate may use and disclose the Department's PHI and /or ePHI received or created by Business
Associate (or its agents and subcontractors) in performing its obligations pursuant to this Attachment.
3.1.2 The Business Associate may use the Department's PHI and/or ePHI received or created by Business Associate (or
its agents and subcontractors) for archival purposes.
3.1.3 The Business Associate may use PHI and/or ePHI created or received in its capacity as a Business Associate of the
Department for the proper management and administration of the Business Associate, if such use is necessary (a)
for the proper management and administration of Business Associate or (b) to carry out the legal responsibilities of
Business Associate.
3.1.4 The Business Associate may disclose PHI and/or ePHI created or received in its capacity as a Business Associate of
the Department for the proper management and administration of the Business Associate if (a) the disclosure is
required by law or (b) the Business Associate (1) obtains reasonable assurances from the person to whom the PHI
and/or ePHI is disclosed that it will be held confidentially and used or further disclosed only as required by law or for
the purpose for which it was disclosed to the person and (2) the person agrees to notify the Business Associate of
any instances of which it becomes aware in which the confidentiality and security of the PHI and /or ePHI has been
breached.
3.1.5 The Business Associate may aggregate the PHI and /or ePHI created or received pursuant this Attachment with the
PHI and/or ePHI of other covered entities that Business Associate has in its possession through its capacity as a
Business Associate of such covered entities for the purpose of providing the Department of Children and Families
with data analyses relating to the health care operations of the Department (as defined in 45 C.F.R. §164.501).
3.1.6 The Business Associate may de- identify any and all PHI and /or ePHI received or created pursuant to this
Attachment, provided that the de- identification process conforms to the requirements of 45 CFR § 164.514(b).
3.1.7 Follow guidance in the HIPAA Rule regarding marketing, fundraising and research located at Sections 45 CFR §
164.501, 45 CFR § 164.508 and 45 CFR § 164.514.
Section 4. Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions
4.1 Covered entity shall notify business associate of any limitation(s) in the notice of privacy practices of covered entity under 45
CFR 164.520, to the extent that such limitation may affect business associate's use or disclosure of protected health
information.
4.2 Covered entity shall notify business associate of any changes in, or revocation of, the permission by an individual to use or
disclose his or her protected health information, to the extent that such changes may affect business associate's use or
disclosure of protected health information.
4.3 Covered entity shall notify business associate of any restriction on the use or disclosure of protected health information that
covered entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect
business associate's use or disclosure of protected health information.
Section 5. Termination
5.1 Termination for Cause
CF Integrated Contract 2014 41 Contract # KG070
5.1.1 Upon the Department's knowledge of a material breach by the Business Associate, the Department shall either:
5.1.1.1 Provide an opportunity for the Business Associate to cure the breach or end the violation and terminate the
Agreement or discontinue access to PHI if the Business Associate does not cure the breach or end the
violation within the time specified by the Department of Children and Families;
5.1.1.2 Immediately terminate this Agreement or discontinue access to PHI if the Business Associate has
breached a material term of this Attachment and does not end the violation; or
5.1.1.3 If neither termination nor cure is feasible, the Department shall report the violation to the Secretary of the
Department of Health and Human Services.
5.2
Obligations of Business Associate Upon Termination
5.2.1 Upon termination of this Attachment for any reason, business associate, with respect to protected health information
received from covered entity, or created, maintained, or received by business associate on behalf of covered entity,
shall:
5.2.1.1 Retain only that protected health information which is necessary for Business Associate to continue its
proper management and administration or to carry out its legal responsibilities;
5.2.1.2 Return to covered entity, or other entity as specified by the Department or, if permission is granted by the
Department, destroy the remaining protected health information that the Business Associate still
maintains in any form;
5.2.1.3 Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to
electronic protected health information to prevent use or disclosure of the protected health information,
other than as provided for in this Section, for as long as Business Associate retains the protected health
information;
5.2.1.4 Not use or disclose the protected health information retained by Business Associate other than for the
purposes for which such protected health information was retained and subject to the same conditions
set out at paragraphs 3.1.3 and 3.1.4 above under "Permitted Uses and Disclosures By Business
Associate" which applied prior to termination; and
5.2.1.5 Return to covered entity, or other entity as specified by the Department or, if permission is granted by the
Department, destroy the protected health information retained by business associate when it is no longer
needed by business associate for its proper management and administration or to carry out its legal
responsibilities.
5.2.1.6 The obligations of business associate under this Section shall survive the termination of this Attachment.
Section 6. Miscellaneous
6.1 A regulatory reference in this Attachment to a section in the HIPAA Rules means the section as in effect or as amended.
6.2 The Parties agree to take such action as is necessary to amend this Attachment from time to time as is necessary for
compliance with the requirements of the HIPAA Rules and any other applicable law.
6.3 Any ambiguity in this Attachment shall be interpreted to permit compliance with the HIPAA Rules.
CF Integrated Contract 2014 42 Contract # KG070