06/20/2018 Contract a °4 Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller - Monroe County, Florida
•
''be eo . � r �
DATE: June 29, 2018
TO: Sheryl Graham, Director
Social Services
FROM: Pamela G. Hanc N D.C.
SUBJECT: June 20 BOCC Meeting
Attached are four duplicate originals of Item C28, Community Care for Disabled Adults
Contract # KG073 between the Florida Department of Children & Families and Monroe County
BOCC/Monroe County Social Services to provide in home community care services to all eligible
permanently disabled adults aged 18 to 59 who are in need of assistance for the State Fiscal Years,
July 1, 2018 to June 30, 2021, in the amount of $128,319.00, executed on behalf of Monroe
County for your handling.
Please be sure to send a fully executed duplicate original to me for the Clerk's record once
received back from the state. Should you have any questions, please feel free to contact me at ext.
3550. Thank you.
cc: County Attorney
Finance 22124Lk `( LSO VYL L (i`C GL
File
j- E( 6.1 2`1'2 /3
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070
305- 294 -4641 305 - 289 -6027 305 - 852 -7145 305 -852 -7145
El ORIGINAL
Fully
Contract No. KG073 Client Services ® Non - Client ❑
CFDA No(s). Executed Subrecipient ® Vendor ❑
CSFA No(s). 60.008 Federal Funds ❑ State Funds
THIS CONTRACT is entered into between the Florida Department of Children and Families, hereinafter referred to as the 'Department"
and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "Provider ". 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 ".
The section headings contained in this contract are for reference purposes only and shall not affect the meaning or interpretation of this
contract.
The Department and Provider agree as follows:
1. ENGAGEMENT, TERM AND CONTRACT DOCUMENT
1.1 Purpose and Contract Amount
The Department is engaging the Provider for the purpose of providing in -home Community Care for Disabled Adults (CCDA)
services to all eligible permanently disabled adults aged 18 -59 who are in need of assistance to maintain reasonably
independent lives in the community in Monroe County and to prevent unnecessary instititionalization, as further described in
Section 2, payable as provided in Section 3, in an amount not to exceed $128,319.00
1.2 Official Payee and Party Representatives
1.2.1 The name, address, telephone number and e-mail 1.2.3 The name, address, telephone number and e -mail
address of the Provider's official payee to whom the of the Provider's representative responsible for
payment shall be directed on behalf of the Provider are: administration of the program under this Contract (and
Name: Monroe County BOCC primary point of contact) are:
Address: 500 Whitehead Street Name. Yanina Menendez
City: Key West State:FL Zip Code:33040 Address: 401 NE 2 Avenue, Suite N -1007
Phone: 305-292-4500 Ext: E -mail: City: Miami State:FL Zip Code:33128
Phone: 786-257-5085 Ext: E -mail:
yanina.menendez(@.myflfamilies.com
1.2.2 The name, address, telephone number and e -mail 1.2.4 The name, address, telephone number and e-mail
of the Provider's contact person responsible for the address of the Contract Manager for the Department for
Providers financial and administrative records:
this Contract 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 Ext: E -mail: graham-
sheryl monroecounty- fl.gov Phone 305-292-4510 Ext: E-mail: graham-
sheryl(a.monroecounty- fl.qov
Per section 402.7305(1)(a). Florida Statutes (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.
1.3 Effective and Ending Dates
This Contract shall be effective July 1, 2018 or the last party signature date, whichever is later. The service performance period under
this Contract shall commence on July 1, 2018 or the effective date of this Contract. whichever is later, and shall end at midnight.
Eastern time, on June 30, 2021, subject to the survival of terms provisions of Section 7.4. This contract may be renewed in
accordance with SS. 287.057(13) or 287.058(1)(g). F.S.
1.4 Contract Document
This Contract is composed of the documents referenced in this section.
1.4.1 The definitions found in the Standard Contract Definitions, located at:
CF Standard Contract 2018
Part 1 of 2 1 Contract No. KG073
http: / /www.dcf.state.fl.us /admin/ contracts / docs /GlossaryofContractTerms.pdf are incorporated into and made a part of this
Contract. Additional definitions may be set 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.
1.4.3 The terms of Exhibit A, Special Provisions, supplement or modify the terms of Sections 1 through 9, 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:
1.4.4.1 Exhibits A through F1;
1.4.4.2 Any documents incorporated into any exhibit by reference, or included as a subset thereof;
1.4.4.3 This Standard Contract;
1.4.4.4 Any documents incorporated into this Contract by reference;
1.4.4.5 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. 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.
When such increase or decrease occurs. 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 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
The Deliverables are described in Exhibit D.
2.4 Performance Measures
2.4.1 The performance measures for acceptance of deliverables are set forth in Exhibit D. Section D -3.
2.4.2 To avoid contract termination, Provider's performance must meet the minimum acceptable level of performance 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
measures. the Department. at its exclusive option. may allow a reasonable period. not to exceed six (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 Provider fails to meet
these measures 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. 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 per Section 3.1 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
CF Standard Contract 2018
Part 1 of 2 2 Contract No. KG073
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 Prompt Payment and Vendor Ombudsman
Per 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 elsewhere specifies otherwise. Department 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. For 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 thirty -five (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 dollar will not be paid unless the Provider requests payment. A
Vendor Ombudsman has been established within the Department of Financial Services and may be contacted at (850) 413 -5516.
3.2 Method of Payment
The Provider shall be paid in accordance with Exhibit F.
3.3 Invoices
3.3.1 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.
3.3.2 The final invoice for payment shall be submitted to the Department no more than 30 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.
3.4 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. The parties agree that the penalties provided for under
Section 6.1 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 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 3.5. to the extent of such error. Financial
consequences directly related to the deliverables under this Contract are defined in Exhibit F
3.5 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. If this contract involves federal or state financial assistance. the following applies: The
Grantee shall return to the Department any unused funds: any accrued interest earned. and any unmatched grant funds. as detailed in
the Final Financial Report, no later than 60 days following the ending date of this Contract.
3.6 MyFloridaMarketPlace Transaction Fee.
This Contract is exempt from the MyFloridaMarketPlace transaction fee.
CF Standard Contract 2018
Part 1 of 2 3 Contract No. KG073
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, Children and Families Operating Procedures (CFOPs), and regulations relating to its performance under this Contract as
they may be enacted or amended from time -to -time, 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.
4.2 State Policies
The Provider shall comply with the polices set forth in the Department of Financial Services' Reference Guide for State Expenditures
and active Comptroller /Chief Financial Officer Memoranda issued by the Division of Accounting and Auditing.
4.3 Independent Contractor, Subcontracting and Assignments
4.3.1 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.
4.3.2 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.
4.3.3 The Provider may subcontract under this Contract
4.3.3.1 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. 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.
4.3.3.2 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.
4.3.3.3 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.
4.3.4 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 seven (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 (0.5 %) 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.
4.4 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:
CF Standard Contract 2018
Part 1 of 2 4 Contract No. KG073
4.4.1 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.
4.4.2 Further, the Provider shall indemnify the Department for all costs and attorneys' fees arising from or relating to Providers
claim that a record contains trade secret information that is exempt from disclosure; or arising from or relating to the scope of the
Provider's redaction of the record, as provided for under Section 5.3, including litigation initiated by the Department.
4.4.3 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 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.
4.5 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.
4.6 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 Provider shall notify the Department's Contract Manager within ten (10) days of Provider becoming aware of such
actions or potential actions or from the day of the legal filing. whichever comes first.
4.7 Intellectual Property
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. 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
4.7.1 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.
4.7.2 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.
CF Standard Contract 2018
Part 1 of 2 5 Contract No. KG073
4.8 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.
4.9 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, if the
Provider 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.
4.10 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.
4.11 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.
4.12 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
4.13 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:
4.13.1 A reportable incident is defined in CFOP 180 -4, which can be obtained from the Contract Manager.
4.13.2 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
4.13.3 Other reportable incidents shall be reported to the Department's Office of Inspector General through the Internet at
http://www dcf state.fl.us /admin /igrptfraudl shtml or by completing a Notification /Investigation Request (Form CF 1934) and
emailing the request to the Office of Inspector General at IG Complaints @myflfamilies.com. 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.
CF Standard Contract 2018
Part 1 of 2 6 Contract No. KG073
4.14 Employment Screening
4.14.1 The Provider shall ensure that all staff utilized by the Provider and its subcontractors (hereinafter, "Contracted Staff') that
are required by Florida law and by CFOP 60 -25. Chapter 2. which is hereby incorporated by reference 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:
4.14.1.1 Employment history checks;
4.14.1.2 Fingerprinting for all criminal record checks:
4.14.1.3 Statewide criminal and juvenile delinquency records checks through the Florida Department of Law Enforcement
(FDLE):
4.14.1.4 Federal criminal records checks from the Federal Bureau of Investigation via the Florida Department of Law
Enforcement: and
4.14.1.5 Security background investigation, which may include local criminal record checks through local law enforcement
agencies.
4.14.1.6 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.
4.14.2 The Provider shall sign the Florida Department of Children and Families Employment Screening Affidavit each State fiscal
year (no two such affidavits shall be signed more than 13 months apart) for the term of the Contract stating that all required staff
have been screened or the Provider is awaiting the results of screening.
4.14.3 The Department requires. as applicable. the use of the Officer of Inspector General's Request for Reference Check form
(CF 774), which states: ''As part of the screening of an applicant being considered for appointment to a career service, selected
exempt service, senior management. or OPS position with the Department of Children and Families or a Contract or sub - contract
provider. a check with the Office of Inspector General (IG) is required to determine if the individual is or has been a subject of an
investigation with the IG's Office. The request will only be made on the individual that is being recommended to be hired for the
position if that individual has previously worked for the Contract or sub - contract provider, or if that individual is being promoted.
transferred or demoted within the Contract or sub - contract provider."
4.15 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 Code of Federal Regulations (CFR). Part 46, and 42 United States Code (U.S.C.) §§ 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.
4.16 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:
4.16.1 Name of each contracting State agency and the applicable office or program issuing the contract.
4.16.2 Identifying name and number of the contract.
4.16.3 Starting and ending date of each contract.
4.16.4 Amount of each contract.
4.16.5 A brief description of the purpose of the contract and the types of services provided under each contract.
CF Standard Contract 2018
Part 1 of 2 7 Contract No. KG073
4.16.6 Name and contact information of each 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. 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. 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.
5.1.2 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 At all reasonable times for as long as records are maintained, persons duly authorized by the Department and Federal
auditors, pursuant to 2 CFR § 200.336, 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.
5.1.4 A financial and compliance audit shall be provided to the Department as specified in this Contract and in Attachment 1.
5.1.5 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.).
5.1.6 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 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 direction. This provision will not
limit the Department's choice of remedies under law, rule. or this contract.
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, upon written request of the Department, shall promptly provide 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 the following standards:
5.3.2.1 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.
CF Standard Contract 2018
Part 1 of 2 s Contract No. KG073
5.3.2.2 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 5.3.2.1. Accompanying the submission shall be an updated version of the justification under
Section 5.3.2.1, 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,
5.3.3 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. § 1320d.) and the regulations promulgated
thereunder (45 CFR Parts 160. 162. and 164) incidental to performance of this Contract.
® In compliance with 45 CFR § 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 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:
5.5.1 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 Department's 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.
5.5.2 The Provider shall provide the latest Departmental security awareness training to its staff who have access to departmental
information.
5.5.3 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.
5.5.4 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.
5.5.5 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.
5.5.6 The Provider shall, at its own cost. provide notice to affected parties no later than thirty (30) days following the
determination of any potential breach of personal or confidential Departmental data as provided in section 501.171. 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.
5.5.7 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 Section 5.5 and the term ''Provider' shall be
deemed to mean the subcontractor for such purposes.
5.6 Public Records
5.6.1 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
CF Standard Contract 2018
Part 1 of 2 9 Contract No. KG073
except that public records which are made confidential by law must be protected from disclosure. As required by section
287.058(1)(c), F.S., 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.
5.6.2 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:
5.6.2.1 Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to
perform the service.
5.6.2.2 Upon request from the Department's custodian of public records, provide to the Department a copy of requested
records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in Chapter 119, F.S., or as otherwise provided by law.
5.6.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of
the contract if the Provider does not transfer the records to the Department.
5.6.2.4 Upon completion of the contract, transfer, at no cost, to the Department all public records in possession of the
Provider or keep and maintain public records required by the Department to perform the service. If the Provider transfers all
public records to the Department upon completion of the contract. the Provider shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and
maintains public records upon completion of the contract, the Provider shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the Department, upon request from the Departments
custodian of public records. in a format that is compatible with the information technology systems of the Department.
5.6.3 IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
F.S., TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 850-487-1111, OR BY
EMAIL AT DCFCustodian a(�MYFLFAMILIES.COM, OR BY MAIL AT: DEPARTMENT OF
CHILDREN AND FAMILIES, 1317 WINEWOOD BLVD., TALLAHASSEE, FL 32399.
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., should the Department require a
corrective action to address noncompliance under this Contract, incremental penalties listed in section 6.1.2 through section 6.1.3
shall be imposed for Provider failure to achieve the corrective action. These penalties are cumulative and may be assessed upon
each separate failure to comply with instructions from the Department to complete corrective action, but shall not exceed ten (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. These penalties do not limit or restrict the Department's
application of any other remedy available to it under law or this Contract.
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, in accordance with the following standards.
6.1.2.1 Noncompliance that is determined by the Department to have a direct effect on client health and safety shall
result in the imposition of a ten percent (10 0 /0) 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.
6.1.2.2 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.
6.1.2.3 Noncompliance as a result of unacceptable performance of administrative tasks shall result in the imposition of a
two percent (2 %) penalty.
CF Standard Contract 2018
Part 1 of 2 io Contract No. KG073
6.1.3 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 may be 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.
6.2.2 This Contract may be terminated by the Provider upon no less than one - hundred and twenty (120) calendar days' notice in
writing to the Department unless another notice period is mutually agreed upon in writing.
6.2.3 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.
6.2.4 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' notice in writing to the Provider, excluding Saturday, Sunday. and Holidays.
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.
6.2.5 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. Termination shall be upon no less than twenty -four (24)
hours' notice in writing to the Provider. To be terminated under this provision. the Provider must have:
6.2.5.1 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
6.2.5.2 Had a contract terminated by the Department for cause.
6.2.6 In the event of termination under Sections 6.2.1 or 6.2.3. the Provider will be compensated for any work satisfactorily
completed through the date of termination or an earlier date of suspension of work per Section 21 of the PUR 1000.
6.2.7 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.
6.3 Dispute Resolution
6.3.1 Any dispute concerning performance of this Contract or payment hereunder shall be decided by the Department. which
shall be reduced to writing and a copy of the decision shall be provided to the Provider by the Contract Manager. The decision
shall be final and conclusive unless within twenty -one (21) calendar days from the date of receipt of the Department's decision, the
Provider delivers to the Contract Manager a petition for alternative dispute resolution.
6.3.2 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.
6.3.3 After timely delivery of a petition for alternative dispute resolution, the parties may employ any dispute resolution
procedures described in the exhibits or other attachments, 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.
6.3.4 Completion of such agreed process shall be deemed to satisfy the requirement for completion of the negotiation process.
6.3.5 This section shall not limit the parties' rights of termination under Section 6.2.
CF Standard Contract 2018
Part 1 of 2 Contract No. KG073
6.3.6 All notices provided by the Department under Section 6 shall be in writing on paper, physically sent to the person identified
in Section 1.2.3 via the U.S. Postal Service or any other delivery service that provides verification of delivery, or via hand delivery.
All notices provide by the Provider under Section 6 shall be in writing on paper, physically sent to the person identified in Section
1.2.4 via U.S. Postal Service or any other delivery service that provides verification of delivery, or via 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. State 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.
7.4 Survival of Terms
Unless a provision hereof expressly states otherwise. all provisions hereof concerning obligations of the Provider and remedies
available to the Department 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.
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 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.
7.7 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.
7.8 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.
7.9 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.
CF Standard Contract 2018
Part 1 of 2 1? Contract No. KG073
•
7.10 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.
7.11 Purchases by Other Agencies
The Department of Management Services may approve this Contract as an alternate contract source pursuant to Rule 60A- 1.045,
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 such approval, the Provider may, at its discretion, sell these commodities or services to additional agencies, upon the
terms and conditions contained herein.
7.12 Unauthorized Aliens
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 of the Immigration and Nationality Act (8 U.S.C. § 1324a) 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. Employees 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 territories.
7.13 Civil Rights Requirements
These requirements shall apply to the Provider and 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.
7.13.1 The Provider shall comply with the provisions 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.
7.13.2 The Provider shall not 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.
7.13.3 If employing fifteen or more employees, the Provider shall complete the Civil Rights Compliance Checklist. CF Form 946
within thirty (30) days of execution of this Contract and annually thereafter in accordance with CFOP 60 -16 and 45 CFR. Part 80.
7.14 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.
7.15 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 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.
CF Standard Contract 2018
Part 1 of 2 13 Contract No. KG073
7.16 Whistleblower's Act Requirements
In accordance with subsection 112.3187, 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.
7.17 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.
7.18 Recycled Products
The Provider shall procure any recycled products or materials. which are the subject of or are required to carry out this Contract, in
accordance with the provisions of sections 403.7065, F.S.
8. FEDERAL FUNDS APPLICABILITY
The terms in this section apply if Federal Funds are used to fund this Contract.
8.1 Federal Law
8.1.1 The Provider shall comply with the provisions of Federal law and regulations including. but not limited to. 2 CFR. Part 200,
and other applicable regulations.
8.1.2 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 if applicable.
8.1.3 If this Contract contains over $150,000 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 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 (2 CFR. Part 1500). The Provider shall report any violations of the above to the
Department.
8.1.4 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 N /A. 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.
8.1.5 If this Contract 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.
8.1.6 If the Provider is a federal subrecipient or pass- through entity. then the Provider and its subcontractors who are federal
subrecipients or pass- through entities are subject to the following: A contract award (see 2 CFR § 180.220) must not be made to
parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines in 2 CFR, Part 180 that implement Executive Orders 12549 and 12689, 'Debarment and Suspension." SAM Exclusions
contains the names of parties debarred. suspended, or otherwise excluded by agencies, as well as parties declared ineligible
under statutory or regulatory authority other than Executive Order 12549.
8.1.7 If the Provider is a federal subrecipient or pass through entity, the Provider and its subcontractors who are federal
subrecipients or pass- through entities, must determine whether or not its subcontracts are being awarded to a "contractor" or a
CF Standard Contract 2018
Part 1 of 2 14 Contract No. KG073
"subrecipient," as those terms are defined in 2 CFR, Part 200. If a Provider's subcontractor is determined to be a subrecipient, the
Provider must ensure the subcontractor adheres to all the applicable requirements in 2 CFR, Part 200.
8.2 Federal Funding Accountability and Transparency Act (FFATA)
The FFATA Act of 2006 is an act of Congress that requires the full disclosure to the public of all entities or organizations receiving
federal funds.
8.2.1 The Provider will complete and sign the FFATA Certification of Executive Compensation Reporting Requirements form (CF
1111 or successor) if this Contract includes $30,000 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 and receives more than $25 million in total federal funding.
8.2.2 The Digital Accountability and Transparency Act (DATA) 2014 is an expansion of the FFATA Act of 2006, the purpose is
for further transparency by establishing government -wide data identifiers and standardized reporting formats to recipient and sub -
recipients.
8.3 Federal Whistleblower Requirements
Pursuant to Section 11(c) of the OSH Act of 1970 and the subsequent federal laws expanding the act. the Provider is prohibited from
discriminating against employees for exercising their rights under the OSH Act. Details of the OSH Act can be found at this website:
http: / / /www whistleblowers.qov.
9. CLIENT SERVICES APPLICABILITY
The terms in this section apply if the box for Client Services is checked at the beginning of this Contract.
9.1 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.
9.2 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 thirty
(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. 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. No later than twelve
months following the Department's original acceptance of a plan and every twelve (12) 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. The Department agrees to respond in writing within thirty (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 assume implementation of agreed emergency relief provisions.
9.3 Support to the Deaf or Hard -of- Hearing
9.3.1 The Provider and its subcontractors shall comply with Section 504 of the Rehabilitation Act of 1973. 29 U.S.0 § 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 CFOP 60 -10, Chapter 4, entitled Auxiliary Aids
and Services for the Deaf or Hard -of- Hearing.
9.3.2 If the Provider or any of its subcontractors employs 15 or more employees. such Provider and subcontractor shall each
designate a Single- Point -of- Contact 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 Providers 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
CF Standard Contract 2018
Part 1 of 2 15 Contract No. KG073
name and contact information for the Provider's Single- Point -of- Contact shall be furnished to the Department's Contract Manager
within fourteen (14) calendar days of the effective date of this requirement.
9.3.3 The Provider shall, within thirty (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 customers or companions in accordance with Section 504 and the ADA and coordinate activities and
reports with the Provider's Single- Point -of- Contact.
9.3.4 The Single- Point -of- Contact shall ensure that employees are aware of the requirements, roles and 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 fifteen (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.
9.3.5 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 is available at: http://www.myflfamilies.com/ about -us /services- deaf -and- hard - hearing /dcf-
posters.
9.3.6 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.
9.3.7 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.
9.3.8 The Department requires each contract/subcontract provider agency's direct service employees to complete training on
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.
9.4 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.
9.4.1 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, 741.3165 and 916.107, F.S.
9.4.2 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 2 CFR § 200.303
and 2 CFR § 200.337.7 CFR § 272.1(c). 42 CFR §§ 2.1- 2.3.42 CFR §§ 431.300- 306.45 CFR § 205.
9.4.3 A summary of Florida Statutes providing for confidentiality of this and other information are found in Part 11 of the Attorney
General's Government in the Sunshine Manual. as revised from time -to -time.
9.5 Major Disasters and Emergencies
The Stafford Act allows federal assistance for major disasters and emergencies upon a declaration by the President. Upon the
declaration, the Department is authorized to apply for federal reimbursement from the Federal Emergency Management Agency
(FEMA) to aid in response and recovery from a major disaster. The Provider shall request reimbursement for eligible expenses through
the Department and payment will be issued upon FEMA approval and reimbursement.
CF Standard Contract 2018
Part 1 of 2 16 Contract No. KG073
By signing this Contract, the parties agree that they have read and agree to the entire Contract, as described in Section 1.4.
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 FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
COMMISSIONERS
1 Signature: 10 Signature: _____---dadi e--
()
Print/Type Print/Type
Name: David Rice Name: L / Bronwyn Stanford
Title: Mayor Title: Regional Ma aging Director
Date: 2 . 0 , 2+ r 8 Date: ? p / ( .
The parties agree that any future amendment(s) replacing this page will not affect the above execution.
Federal Tax ID # (or SSN): 59-6000749 Provider Fiscal Year Ending Date: 09/30.
The Remainder of this Page Intentionally Left Blank.
ir, V I t i 1 % S IP° V ,
1 417
6 t ? ° r
`'� �j nut .. % O n 0
I
Z '`. -0 :Z7
-4 c: Z m
N )
- *t
r N p
D , /1
f
MONROE COUNTY ATTORNEY
AP' ROVED.AS T? FO
YNTHIA L. ALL
ASSISTANT COUNTY ATTORNEY
Date
CF Standard Contract 2018
Part 1 of 2 » Contract No. KG073
EXHIBIT A — SPECIAL PROVISIONS
The following provisions supplement or modify the provisions of Items 1 through 9 of the Integrated Standard Contract, as provided
herein:
A -1. ENGAGEMENT, TERM AND CONTRACT DOCUMENT
There are no additional provisions to this section of the CF Standard Integrated Contract 2018.
A -2. STATEMENT OF WORK
There are no additional provisions to this section of the CF Standard Integrated Contract 2018.
A -3. PAYMENT, INVOICE AND RELATED TERMS
There are no additional provisions to this section of the CF Standard Integrated Contract 2018.
A -4. GENERAL TERMS AND CONDITIONS GOVERNING PERFORMANCE
There are no additional provisions to this section of the CF Standard Integrated Contract 2018.
A -5. RECORDS, AUDITS AND DATA SECURITY
There are no additional provisions to this section of the CF Standard Integrated Contract 2018.
A -6. PENALTIES, TERMINATION AND DISPUTE RESOLUTION
There are no additional provisions to this section of the CF Standard Integrated Contract 2018.
A -7. OTHER TERMS
There are no additional provisions to this section of the CF Standard Integrated Contract 2018.
A -8. FEDERAL FUNDS APPLICABILITY
There are no additional provisions to this section of the CF Standard Integrated Contract 2018.
A -9. CLIENT SERVICES APPLICABILITY
There are no additional provisions to this section of the CF Standard Integrated Contract 2018.
CF Standard Contract 2018 18 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
EXHIBIT B - SCOPE OF WORK
B -1 SCOPE OF SERVICE
This is a three (3) year 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 AREAILOCATIONSITIMES
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 Client's Home 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 Departments 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
CF Standard Contract 2018 19 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
interpretation of need for services based on identified functional barriers caused by the applicant's disabling
condition.
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 REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
CF Standard Contract 2018 20 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
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 -1.1.1 Each CCDA client must receive case management services and at least one other CCDA In -Home service
each month.
C -1.2 The community -based services that shall be performed under this contract, as defined in CFOP 140 -8, Community Care
for Disabled Adults Operating Procedures, which is incorporated by reference and available from the contract manager,
include:
C -1.2.1 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.
C- 1.2.1.1 A unit of service is one hour of elapsed time involved in the above - described case management
activities.
C -1.2.2 Home Delivered Meals are hot or other appropriate, nutritionally sound meals that meet one -third of the Daily
Recommended Dietary Allowances (RDA) served in the home to a disabled person who is homebound and at
nutritional risk. 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. A choice of meals from a menu provided in
advance should be provided to the client. The meals should be appropriate for the client and they are
satisfied with the meals.
C- 1.2.2.1 A unit of service is one delivered meal.
C -1.2.3 Homemaker Service means the performance of or assistance in accomplishing specific home management
duties including housekeeping. laundry. meal planning and preparation. shopping assistance, and routine
household activities by a trained homemaker. With district /region approval, it may include the purchase of
home and /or cleaning supplies needed for the delivery of services. Otherwise, clients are responsible for
purchasing their own cleaning supplies. 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.
C- 1.2.3.1 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.
C- 1.2.3.2 the unit of service is one hour (or quarter hour portion) of time spent in the provision of
designated homemaker duties by a trained homemaker. It does not include time 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. If the service is to be provided to a couple, the unit
CF Standard Contract 2018 21 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
of service must be assigned to either the eligible husband or wife, preferably the one who usually
performs homemaking duties.
C -1.2.4 Personal Care means services to assist the disabled adult with bathing. dressing, ambulating, housekeeping,
supervision, emotional security, eating, supervision of self- administered medications and assistance with
securing health care from appropriate sources. Personal care services do not include medical services.
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.
C- 1.2.4.1 A unit of service is one hour (or quarter hour) of elapsed time spent in providing designated
personal care services by a qualified personal care aide.
C -1.2.5 Other parameters of services delivery, by type of service; are detailed in the 'CFOP 140 -8, Community Care
for Disabled Adults Operating Procedures ".
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 -2.1.3 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 -2.2 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 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 2015. The subcontractor at any tier
level must comply with the E- Verify clause as subject to the same requirements as the prime contractor.
C -2.4 Records and Documentation. The Provider shall complete and submit the Reports as described in Section C -2.5 as
well as maintain the following:
C -2.4.1 Providers shall maintain information on each client served by this contract, which includes the following:
C- 2.4.1.1 documentation of the client by name or unique identifier:
C- 2.4.1.2 current documentation of eligibility for services:
C- 2.4.1.3 dates of service provision. delivery and service billing
C- 2.4.1.4 information documenting the client's need to receive services:
C- 2.4.1.5 information documenting the client's need for service increase;
C- 2.4.1.6 the number of service units provided: and
C- 2.4.1.7 all other forms or records necessary for program operation and reporting, as set forth by the
Department.
C -2.4.2 Case Management Provider individual client files shall contain the following:
C- 2.4.2.1 a completed Adult Protective Services Client Assessment (not more than one [1] year old);
CF Standard Contract 2018 22 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
C- 2.4.2.2 an Adult Protective Services Program Office approved CCDA Care Plan Services (EXHIBIT C1)
(not more than [1] year old);
C- 2.4.2.3 an Adult Protective Services Program Office approved Request for Approval of CCDA Care Plan
Services Increase (when needed) (EXHIBIT C2);
C- 2.4.2.4 a Department release of information form;
C- 2.4.2.5 a copy of a completed Adult Services Information System (ASIS) printout;
C- 2.4.2.6 documentation of the client's age, disability, and income;
C- 2.4.2.7 a completed and scored copy of the Adult Services Screening for Consideration for Community
Based Services; and
C- 2.4.2.8 an ongoing, specific dated case narrative section.
C -2.4.3 Providers must ensure that all client records accurately match the invoices submitted for payment. Records
must cross reference to each invoice for payment.
C -2.4.4 Providers must maintain documentation necessary to facilitate monitoring and evaluation by the Department.
C -2.4.5 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 CODA funding.
C -2.5 Reports (programmatic and to support payment) The following reporting requirements are required:
Reports
Reporting # of Copies DCF Office to Receive Report
Report Title Frequency Report Due Date Due
Monthly 25th day of each month
Cumulative immediately following Contract Manager
Summary Monthly the month being One
Report reported
(EXHIBIT C3)
CCDA 25th day of each month
Performance immediately following One Contract Manager
Data Monthly Monthly
Report the month being
(EXHIBIT C4) reported
CCDA 301' day of the month
Performance following the end of One Contract Manager
Data Annual Annually each Fiscal Year
Report Contract Period
(EXHIBIT C5)
25th day of each month
Invoice immediately following Contract Manager
•
(EXHIBIT F1) Monthl the month being One
reported
Civil Rights Within 30 days of Contract Manager
Compliance Annually contract execution and One
Checklist annually thereafter
Proof of Liability Within 30 days of Contract Manager
Insurance Annually contract execution and One
annually thereafter
CF Standard Contract 2018 23 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
Reports
Reporting # of Copies DCF Office to Receive Report
Report Title Frequency Report Due Date Due
The Office of
Support of the Civil Rights
Deaf and Hard Form Site: E -Mail Verification Receipt from
of Hearing as 5m business day of https: /Ifs16.f System to Contract Manager:
specified in Monthly each month ormsite.coml yanina.menendez mvflfamilies.com
Section 9.3 of immediately following DCFTraininq/
the CF the report period Monthly -
Standard Summary -
Contract 2018 Report/form_
login.htmll
Emergency Within 30 days of
Preparedness Annually contract execution and One Contract Manager
Plan every July 1.
C -2.5.1 Reporting requirements for this contract include:
C- 2.5.1.1 The Monthly Cumulative Summary Report (EXHIBIT C3). if applicable. Regions will negotiate
with the Provider on specific submission requirement criteria for these reports.
C- 2.5.1.2 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- 2.5.1.3 The CCDA Performance Data Monthly Report (EXHIBIT C4) and the CODA Performance Data
Annual Report (EXHIBIT C5) verifying enrolled active clients and nursing home placement data.
C- 2.5.1.4 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- 2.5.1.5 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. 7, 8 and 9 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.
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.
CF Standard Contract 2018 24 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
C -3.1.5 The Provider will explain to each individual requesting consideration for CODA 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. Requests for
service increases must be submitted to the Department using EXHIBIT C2, REQUEST FOR APPROVAL OF
CCDA CARE PLAN SERVICES INCREASE.
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.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
CF Standard Contract 2018 25 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
EXHIBIT C1
CCDA CARE PLAN SERVICES
OF.PARI
J
• �
F6N .a NI
:MYF LFAM I l I FS.COM
CCDA CARE PLAN SERVICES
CLIENT NAME: CASE MANAGER:
SOCIAL SECURITY #: DATE OF INITIAL CARE PLAN:
GOAL (check all goals that apply): CARE PLAN REVIEW DATE (initial for each Review):
❑ I. Self Support 02. Prevent abuse /neglect/exploitation 03. Prevent institutionalization
04. Institutionalization 05. Personal goals 06. Other:
Service and Pattern of Delivery Date Service Date Problem
Problems Desired Provider (Frequency & Duration) Began (B) Resolved
Outcomes (Formal and Ended (E) (RS)
No. Date Problem Informal) Need Actual Revised (RV)
This Care Plan has been discussed with me (client) and/or significant family members or friends and I accept the sere ices 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: DATE:
CASE MANAGER: DATE
CF Standard Contract 2018 26 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
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):
n Failing Support System
Decrease in Functional Capacity
n 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 sere ices being requested and the corresponding. anticipated service start
dates.)
Service Anticipated st 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 111. Each Cost Detail page should reflect the total annual cost of serving the consumer for that
service type.
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.
CF Standard Contract 2018 27 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
[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.)
0 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.
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.
E Rapidly Deteriorating Health: List care plan add-on number of monthly .arc ice 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.)
Provider 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 Uatr
upon the services to be funded.)
District/Regional Adult Services Program Director: (Signature indicates district /regional approval of the Service Funding Date
Plan.)
CF Standard Contract 2018 28 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
EXHIBIT C3
CCDA MONTHLY CUMULATIVE SUMMARY REPORT
S P °b1ARr CCDA MONTHLY CUMULATIVE SUMMARY REPORT
o • • ti� REPORT MONTH:
DCF CIRCUIT/REGION:
PROVIDER NAME:
P p y Arlo
M' I LFAMII IES.COM
ANNUAL ALLOCATION:
Monthly # Total Monthly Costs
CODA Service Rc.c Datet.) of Service Units Billed Cost Per Unit
Rec tpientName ['' lone line pc! ,enicr (h ,mice) (per service) (by service) Billed
(by service)
.
2.
3.
4.
5.
6.
7.
8.
9.
10.
TOTAL MONTHLY
ALLOCATION
EXPENDITURES
PROVIDER BILLING FOR SERVICES DELIVERED TO DCF COMMUNITY CARE FOR DISABLED ADULTS CONSUMERS
Person Completing This Report Date REPORT DUE TO THE DISTRICT THE 30T" DAY OF THE MONTH
IMMEDIATELY FOLLOWING THE MONTH BEING REPORTED ON
1 N. and Position 1 it lc)
Provider End Balance:
Circuit /Region End Balance: ___�____
CF Standard Contract 2018 29 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
EXHIBIT C4
PERFORMANCE DATA MONTHLY REPORT
,, EPART
4 • I1F,
k FA' A N V k'
1117LPAMItIES.COM
AgencylCounty 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:
Number:
DUE THE 25TH OF EACH MONTH
CF Standard Contract 2018 30 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
EXHIBIT C5
PERFORMANCE DATA ANNUAL REPORT
4per, lVh
t11 ( Lr. \.s11ClC).( ■I
AgencylCounty 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 CONTRACT'
CF Standard Contract 2018 31 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
EXHIBIT D — DELIVERABLES
D -1 Service Units. A Service Unit is defined in CFOP 140 -8, Community Care for Disabled Adults Operating Procedures, and
described in Section C -1.2.
D -1.1 The following services are available to all CCDA clients if required in the client's care plan.
SERVICES UNIT
Case Management 1 hour
Home Delivered Meals 1 meal delivered
Homemaker 1 hour
Personal Care 1 hour
D -2 Service Targets
D -2.1 Service provision is based upon the individual needs of the clients as detailed in each clients' care plan and is therefore
variable. Each client must receive case management services and one additional in -home service each month.
D -3 Performance Measures for Acceptance of Deliverables. Failure to comply with the following provisions will result in
additional financial consequences detailed in Section F -4.
D -3.1 At a minimum. every client shall receive case management services and one additional CODA In -Home service monthly.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
CF Standard Contract 2018 32 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
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 For the measure in Section E -1.1, the percentage of completion that meets standards will be determined by dividing the
number of active clients not admitted to a nursing home by the total number of active clients receiving services.
Numerator # of Active Clients Not Admitted to A Nursing Home
= 90%
Denominator Total # of Active Clients Receiving Services
E -3.2 For the measure in Section E -1.2. the percentage of completion that meets standards will be determined by dividing the
number of active clients reported to the Abuse Hotline by the total number of active clients suspected of being abused,
neglected or exploited.
Numerator # of Active Clients Reported to the Abuse Hotline
Denominator Total # of Active Clients Suspected of Being = 100
Abused, Neglected or Exploited
E -3.3 For the measure in Section E -1.3. the percentage of completion that meets standards will be determined by dividing the
number of active clients receiving case management and at least one other CODA in -home service each month by the total
number of active clients receiving services each month.
Numerator # of Active Clients Receiving Case Management And At Least One
Other CCDA In -Home Service Each Month = 100
Denominator Total # of Active Clients Receiving Services Each Month
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 Standard Contract 2018 33 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
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 $128,319.00, subject to the availability of
funds. The annual contract totals shall be. $42,773.00 for State Fiscal Year 2018-2019; $42,773.00 for State Fiscal Year
2019 -2020: and $42,773.00 for State Fiscal Year 2020 -2021, subject to the availability of funds.
F.1.1.1 Pursuant to section 215.971, F. S., as a recipient or subrecipient of federal or state financial assistance, the
Provider may expend funds only for allowable costs resulting from obligations incurred from January 1, 2018
through June 30, 2021.
F.1.1.2 Pursuant to section 215.971, F. S., any balance of unobligated funds which has been advanced or paid must be
refunded to the Department.
F.1.1.3 Pursuant to section 215.971, F. S.. any funds paid in excess of the amount to which the recipient or subrecipient is
entitled under the terms and conditions of this contract must be refunded to the Department.
F -1.2 The Department shall make payments to the Provider for the provision of services at the units and rates shown below, in
accordance with the client's care plan. A Service Unit is defined in CFOP 140 -8. Community Care for Disabled Adults
Operating Procedures, and listed in Sections C -1.2 and D -1.
SERVICES UNIT RATE
Case Management 1 hour $50.48
Home Delivered Meals 1 meal delivered $6.33
Homemaker 1 hour $22.06
Personal Care 1 hour $23.25
F -1.3 Invoice Requirements
F -1.3.1 The Provider shall request payment through submission of a properly 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 Section C- 2.5.1. Payment due under this contract will be withheld until the Department
has confirmed delivery of negotiated services.
F -1.3.2 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 -2 Other Payment Consequences
F -2.1 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 -2.2 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 -3 Refer to EXHIBIT F2 - Additional Financial Consequences
CF Standard Contract 2018 34 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
EXHIBIT F1
MONTHLY REQUEST FOR PAYMENT AND EXPENDITURE REPORT
D EPAR T MF ��
• DEPARTMENT OF CHILDREN AND FAMILIES
• OFFICE OF ADULT SERVICES
MONTHLY REQUEST FOR PAYMENT AND EXPENDITURE REPORT
4 `'N AtsID
MYFI_FAMtLIES.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 Units / Amount Per Unit/
or Description of Materials Quantity Episode Total Amount Due
Less Any Financial Consequences as per Section F2.1
Total Payment
Requested
Signature of Preparers Date Completed:
Approved By: Title:
If this invoice is for a tired price contract. the request for payment will be determined by di, iding the length of the contract into the contracted amount iexample: 'Cl2.O(X) 'allocation' di, ided by I2 month,
'the length of the contract) =$ LIMA) payment request). On a cost reimbursement contract. the pas mem request will be the monthly request expense.
CHILDREN AND FAMILIES LSE ONLY
Date Invoice Received:
Approved By: Date:
ORG FID BE CAT OCA E0 OBJ AMOUNT:
60361632226 000326 60910310 100603 CCDAO AG 751000
CF Standard Contract 2018 35 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
EXHIBIT F2 — ADDITIONAL FINANCIAL CONSEQUENCES
F2 -1 The following financial consequences apply in addition to the Other Payment Consequences provided in Section F -3 of this
Contract. The following payment adjustments are detailed below for noncompliance with the Performance Measures in Section E-
1.
Performance Measures Non - Compliance Financial Payment Adjustment
Trigger Consequence Applicable Timeframe
Ninety percent (90 %) of active clients Funds will be returned to the
Department within 30 days of
with disabilities receiving services will 2% of total contract
1 not be placed in a nursing home by the <9Q% award expended being notified by the Adult
end of the contract period. Protective Services Program
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 <100% 2% of total contract being notified by 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% reduction of the
amount of each client's
One- hundred percent (100 %) of active total monthly charges
clients served through this contract will who do not receive at To be deducted from the
3 be provided case management and at <100% least one case reporting month invoice when
least one other CCDA in -home service management contact the non - compliance occurred.
monthly. and at least one other
CODA in -home service
monthly.
F2.2 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.
F2-3 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.
F4.4 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
F4-5 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 Standard Contract 2018 36 Contract # KG073
Part 2 of 2 Monroe County Board of County Commissioners
ATTACHMENT 1
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 2 Code of Federal Regulations (CFR) §§ 200.500- 200.521 and § 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, agreed -upon procedures engagements as described in 2 CFR § 200.425 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 2 CFR §§ 200.500- 200.521.
In the event the recipient expends $750,000 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 2 CFR §§ 200.500- 200.521. 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 $750,000 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 2 CFR §§ 200.500- 200.521. An audit of the recipient conducted by the Auditor
General in accordance with the provisions of 2 CFR Part 200 §§ 200.500- 200.521 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 2 CFR §
200.508.
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 II: 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 ($750.000 or more for fiscal years beginning on or after July 1, 2016) 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 (less
than $750.000 for fiscal years beginning on or after July 1. 2016) 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.
CF1120, Effective February 2017, (CF- 1120.1516)
37 Contract # KG073
Monroe County Board of County Commissioners
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 (federal) or 45 (State) 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)
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: HQW.IG.Single.Audit a,myflfamilies.com
C. Reporting packages for audits conducted in accordance with 2 CFR Part 200 §§ 200.500- 200.521, and required by Part 1 of this
agreement shall be submitted, when required by § 200.512 (d) by or on behalf of the recipient directly to the Federal Audit
Clearinghouse using the Federal Audit Clearinghouse's Internet Data Entry System at:
https: /iharvester.census gov/facwebi
and other Federal agencies and pass- through entities in accordance with 2 CFR § 200.512.
D. Copies of reporting packages required by Part 11 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 2 CFR §§ 200.500- 200.521. 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.
CF1120, Effective February 2017, (CF- 1120.1516)
38 Contract # KG073
Monroe County Board of County Commissioners
ATTACHMENT 2
This Attachment 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;
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;
39 Contract # KG073
Monroe County Board of County Commissioners
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 501.171, 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.
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.
40 Contract # KG073
Monroe County Board of County Commissioners
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
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
41 Contract # KG073
Monroe County Board of County Commissioners
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. 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.
42 Contract # KG073
Monroe County Board of County Commissioners